| (1) "Public record" means
records kept by
any
public
office, | 26 |
| including, but not limited to, state, county,
city,
village, | 27 |
| township, and school district units,
and records
pertaining to the | 28 |
| delivery of educational
services by an
alternative
school in Ohio | 29 |
| kept by a nonprofit or
for-profit
entity operating such | 30 |
|
alternative school pursuant to
section
3313.533 of the Revised | 31 |
|
Code. "Public record" does not
mean any of
the following: | 32 |
| (3) "Medical record" means any document or combination of | 127 |
|
documents, except births, deaths, and the fact of admission to or | 128 |
|
discharge from a hospital, that pertains to the medical history, | 129 |
|
diagnosis, prognosis, or medical condition of a patient and that | 130 |
|
is generated and maintained in the process of medical treatment. | 131 |
| (5) "Intellectual property record" means a record,
other
than | 137 |
| a financial or administrative record, that is produced or | 138 |
|
collected
by or for faculty or staff of a state institution of | 139 |
|
higher learning in the
conduct of or as a result of study or | 140 |
|
research on an educational, commercial,
scientific, artistic, | 141 |
|
technical, or scholarly issue, regardless of whether the
study or | 142 |
|
research was sponsored by the institution alone or in conjunction | 143 |
|
with
a governmental body or private concern, and that has not been | 144 |
|
publicly
released, published, or patented. | 145 |
| (7) "Peace officer, parole officer, prosecuting attorney, | 150 |
| assistant prosecuting attorney, correctional employee, youth | 151 |
| services employee, firefighter, or EMT residential and
familial | 152 |
|
information"
means any information that discloses any of the | 153 |
| following about a
peace officer, parole officer, prosecuting | 154 |
| attorney, assistant prosecuting attorney, correctional employee, | 155 |
| youth services employee, firefighter, or EMT: | 156 |
| (a) The address of the actual personal residence of a peace | 157 |
|
officer, parole officer, assistant prosecuting attorney, | 158 |
| correctional employee, youth services employee, firefighter, or | 159 |
| EMT, except for the state or political
subdivision in which
the | 160 |
| peace
officer, parole officer, assistant prosecuting attorney, | 161 |
| correctional employee, youth services employee, firefighter, or | 162 |
| EMT
resides; | 163 |
| (c) The social security number, the residential telephone | 166 |
|
number,
any bank account, debit card, charge card, or credit card | 167 |
|
number, or the
emergency telephone number of, or any medical | 168 |
|
information pertaining to, a peace officer, parole officer, | 169 |
| prosecuting attorney, assistant prosecuting attorney, correctional | 170 |
| employee, youth services employee, firefighter, or EMT; | 171 |
| (d) The name of any beneficiary of employment benefits, | 172 |
|
including,
but not limited to, life insurance benefits, provided | 173 |
|
to a peace officer, parole officer, prosecuting attorney, | 174 |
| assistant prosecuting attorney, correctional employee, youth | 175 |
| services employee, firefighter, or EMT by
the peace officer's, | 176 |
| parole officer's, prosecuting attorney's, assistant prosecuting | 177 |
| attorney's, correctional employee's, youth services employee's, | 178 |
|
firefighter's, or EMT's employer; | 179 |
| (e) The identity and amount of any charitable or employment | 180 |
|
benefit deduction made by the peace officer's, parole officer's, | 181 |
| prosecuting attorney's, assistant prosecuting attorney's, | 182 |
| correctional employee's, youth services employee's, firefighter's, | 183 |
| or
EMT's
employer from the
peace
officer's, parole officer's, | 184 |
| prosecuting attorney's, assistant prosecuting attorney's, | 185 |
| correctional employee's, youth services employee's, firefighter's, | 186 |
| or EMT's
compensation
unless the amount of the deduction is | 187 |
|
required by
state
or federal
law; | 188 |
| (f) The name, the residential address, the name of the | 189 |
|
employer,
the address of the employer, the social security number, | 190 |
|
the residential
telephone number, any bank account, debit card, | 191 |
|
charge card, or credit card
number, or the emergency telephone | 192 |
|
number
of the spouse, a former spouse, or any child of a peace | 193 |
|
officer, parole officer, prosecuting attorney, assistant | 194 |
| prosecuting attorney, correctional employee, youth services | 195 |
| employee, firefighter, or EMT; | 196 |
| As used in divisions (A)(7) and (B)(5) of this section, | 201 |
|
"peace officer"
has the same meaning as in section 109.71 of the | 202 |
|
Revised Code
and also includes the superintendent and troopers of | 203 |
|
the state highway patrol;
it does not include the
sheriff of a | 204 |
|
county or a supervisory employee who, in the absence of the | 205 |
|
sheriff, is authorized to stand in for, exercise the authority of, | 206 |
|
and perform
the duties of the sheriff. | 207 |
| As used in divisions (A)(7) and (B)(5) of this section, "EMT" | 222 |
|
means EMTs-basic, EMTs-I, and paramedics that provide emergency | 223 |
|
medical services for a public emergency medical service | 224 |
|
organization. "Emergency medical service organization," | 225 |
|
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in | 226 |
|
section 4765.01 of the Revised Code. | 227 |
| (B)(1) Subject to division (B)(4) of this section, all
public | 250 |
| records shall
be promptly prepared and made
available for | 251 |
|
inspection to any person at all reasonable times
during regular | 252 |
|
business hours. Subject to division (B)(4) of this section,
upon | 253 |
|
request, a public office or person
responsible for public records | 254 |
|
shall make copies available at
cost, within a reasonable period of | 255 |
|
time. In order to facilitate
broader access to public records, | 256 |
|
public offices shall
maintain public records in a manner that they | 257 |
|
can be made
available for inspection in accordance with this | 258 |
|
division. | 259 |
| (2) If any person chooses to obtain a copy of a public
record | 260 |
| in
accordance with division (B)(1) of this section,
the
public | 261 |
| office or person responsible for the public record shall
permit | 262 |
|
that person to
choose to have the public record duplicated
upon | 263 |
| paper, upon the same medium
upon which the public office or
person | 264 |
| responsible for the public record keeps
it, or upon
any
other | 265 |
| medium upon which the public office or person responsible
for the | 266 |
|
public record determines
that it reasonably can be
duplicated
as | 267 |
| an integral part of the normal operations of the
public office or | 268 |
| person
responsible for the public record. When
the person
seeking | 269 |
| the copy makes a choice under this division,
the public office or | 270 |
|
person responsible for the public record
shall provide a copy of | 271 |
| it in
accordance
with the choice made by
the person seeking the | 272 |
| copy. | 273 |
| (3) Upon a request made in accordance with division (B)(1)
of | 274 |
|
this section, a public office or person responsible for public | 275 |
|
records
shall transmit a copy of a public record to any person by | 276 |
|
United
States mail within a reasonable period of time after | 277 |
|
receiving the
request for the
copy. The public office or person | 278 |
|
responsible for the public record may
require the person making | 279 |
|
the request to pay in advance the cost of postage and other | 280 |
|
supplies used in
the mailing. | 281 |
| In any policy and procedures adopted under this division, a | 288 |
|
public office may limit the number of records requested by a | 289 |
|
person that
the office will transmit by United States mail to ten | 290 |
|
per
month, unless the person certifies to the office in writing | 291 |
|
that the person
does not intend to use or forward the requested | 292 |
|
records, or the information
contained
in them, for commercial | 293 |
|
purposes. For purposes of this division, "commercial"
shall be | 294 |
|
narrowly construed and does not include reporting or gathering | 295 |
|
news,
reporting or gathering information to assist citizen | 296 |
|
oversight or
understanding of the operation or activities of | 297 |
|
government, or nonprofit
educational research. | 298 |
| (4) A public office or person responsible for public records | 299 |
|
is
not required to permit a person who is incarcerated pursuant to | 300 |
|
a
criminal conviction or a juvenile adjudication to inspect or to | 301 |
|
obtain a copy of any public record concerning a criminal | 302 |
|
investigation or prosecution or concerning what would be a | 303 |
|
criminal investigation or prosecution if the subject of the | 304 |
|
investigation or prosecution were an adult, unless the request to | 305 |
|
inspect or to obtain a copy of the record is for the purpose of | 306 |
|
acquiring information that is subject to release as a public | 307 |
|
record under this section and the judge who imposed the sentence | 308 |
|
or made the adjudication with respect to the person, or the | 309 |
|
judge's successor in office, finds that the information sought in | 310 |
|
the public record is necessary to support what appears to be a | 311 |
|
justiciable claim of the person. | 312 |
| (5) Upon written request made and signed by a journalist on | 313 |
|
or after
December 16,
1999, a
public office, or person responsible | 314 |
|
for public records, having custody of
the records of the agency | 315 |
|
employing a specified peace officer, parole officer, prosecuting | 316 |
| attorney, assistant prosecuting attorney, correctional employee, | 317 |
| youth services employee, firefighter, or EMT shall
disclose
to the | 318 |
|
journalist the address of the actual personal
residence of
the | 319 |
|
peace
officer, parole officer, prosecuting attorney, assistant | 320 |
| prosecuting attorney, correctional employee, youth services | 321 |
| employee, firefighter, or EMT and, if the
peace officer's, parole | 322 |
| officer's, prosecuting attorney's, assistant prosecuting | 323 |
| attorney's, correctional employee's, youth services employee's, | 324 |
|
firefighter's, or EMT's spouse, former spouse,
or
child is | 325 |
| employed by a
public office, the name and address of
the
employer | 326 |
| of the peace
officer's, parole officer's, prosecuting attorney's, | 327 |
| assistant prosecuting attorney's, correctional employee's, youth | 328 |
| services employee's, firefighter's, or EMT's spouse,
former | 329 |
| spouse, or
child.
The
request shall include the
journalist's name | 330 |
| and title
and the
name
and address of the
journalist's employer | 331 |
| and shall
state
that
disclosure of the
information sought would be | 332 |
| in the
public
interest. | 333 |
| As used in division (B)(5) of this section, "journalist" | 334 |
|
means a
person engaged in, connected with, or employed by any news | 335 |
|
medium, including a
newspaper, magazine, press association, news | 336 |
|
agency, or wire service, a radio or television station, or a | 337 |
|
similar medium, for the purpose of gathering, processing, | 338 |
|
transmitting, compiling, editing, or disseminating information for | 339 |
|
the
general public. | 340 |
| (C) If a person allegedly is aggrieved by the failure of a | 341 |
|
public office to promptly prepare a public record and to make
it | 342 |
|
available to the person for inspection in accordance with
division | 343 |
|
(B) of this section, or if a person who has requested a copy of a | 344 |
|
public record allegedly is aggrieved by the failure of a public | 345 |
|
office or the
person
responsible for the public record to make a | 346 |
|
copy available to
the person allegedly aggrieved in accordance | 347 |
|
with division (B) of this section, the person allegedly aggrieved | 348 |
|
may commence a mandamus action to obtain a judgment that orders | 349 |
|
the public office or the person responsible for the public
record | 350 |
|
to comply with division (B) of this section and that
awards | 351 |
|
reasonable attorney's fees to the person that instituted
the | 352 |
|
mandamus action. The mandamus action may be commenced in the
court | 353 |
| of common pleas of the county in which division (B) of this | 354 |
|
section allegedly was not complied with, in the supreme court | 355 |
|
pursuant to its original jurisdiction under Section 2 of Article | 356 |
|
IV, Ohio Constitution, or in the court of appeals for the | 357 |
|
appellate district in which division (B) of this section
allegedly | 358 |
|
was not complied with pursuant to its original
jurisdiction under | 359 |
|
Section 3 of Article IV, Ohio Constitution. | 360 |
| (E)(1) The bureau of motor vehicles may adopt rules pursuant | 363 |
|
to
Chapter 119. of the Revised Code to reasonably
limit the number | 364 |
|
of bulk commercial special extraction requests made by a
person | 365 |
|
for the same records or for updated records during a calendar | 366 |
|
year.
The rules may include provisions for charges to be made for | 367 |
|
bulk commercial
special
extraction requests for the actual cost of | 368 |
|
the bureau, plus special extraction
costs, plus ten per cent. The | 369 |
|
bureau may charge for
expenses for redacting information, the | 370 |
|
release of which is prohibited by
law. | 371 |
| (b) "Bulk commercial special extraction request" means a | 378 |
|
request
for copies of a record for information in a format other | 379 |
|
than the format
already available, or information that cannot be | 380 |
|
extracted without examination
of all items in a records series, | 381 |
|
class of records, or data base by a person
who intends to use or | 382 |
|
forward the copies for surveys, marketing, solicitation, or resale | 383 |
|
for
commercial purposes. "Bulk commercial special extraction | 384 |
|
request" does not
include a request by a person who gives | 385 |
|
assurance to the bureau that the
person making the request does | 386 |
|
not intend to use or forward the requested
copies for surveys, | 387 |
|
marketing,
solicitation, or resale for commercial purposes. | 388 |
| (3) For purposes of divisions (E)(1)
and (2) of this
section, | 398 |
| "commercial surveys, marketing, solicitation, or
resale"
shall be | 399 |
| narrowly construed and does not include reporting or
gathering | 400 |
|
news, reporting or gathering information to assist
citizen | 401 |
| oversight or
understanding of the operation or activities
of | 402 |
| government, or nonprofit
educational research. | 403 |
|
(C) Names and other
identifying information regarding a | 432 |
|
person who makes an oral or
written complaint regarding an | 433 |
| institution, association, child
day-care center, or home subject | 434 |
| to
licensure, certification, or
registration to the department or | 435 |
|
other
state or county entity
responsible for enforcing
Chapter | 436 |
| 5103. or 5104. of the Revised Code; | 437 |
| Sec. 5103.031. Except as provided in section 5103.033
of the | 443 |
| Revised
Code, the department of job and family services may
not | 444 |
| issue a
certificate under section 5103.03 of the Revised Code
to a | 445 |
| foster
home unless the prospective foster caregiver successfully | 446 |
|
completes the following amount
of preplacement training through
a | 447 |
| preplacement training
program
approved by the department of job | 448 |
| and family services under section 5103.038 of the Revised Code or | 449 |
| preplacement training provided under division (B) of section | 450 |
| 5103.30 of the Revised
Code: | 451 |
Sec. 5103.032. (A) Except as provided in divisions (B), (C), | 456 |
and (D), and (E) of this section and in section 5103.033 of the | 457 |
| Revised Code and subject to division (B) of this section, the | 458 |
|
department of job and family services may not renew a
foster home | 459 |
| certificate under section 5103.03 of the Revised Code
unless the | 460 |
| foster caregiver successfully completes the following amount of | 461 |
|
continuing training in accordance with the foster caregiver's | 462 |
| needs assessment
and continuing training plan developed and | 463 |
| implemented under section
5103.035 of the Revised Code: | 464 |
| (B) A foster caregiver may fulfill up to twenty per cent of | 472 |
| the required amount of continuing training described in division | 473 |
| (A) of this section by teaching one or more training classes for | 474 |
| other foster caregivers or by providing mentorship services to | 475 |
| other foster caregivers. The department of job and family services | 476 |
| shall adopt rules in accordance with Chapter 119. of the Revised | 477 |
| Code as necessary for the qualification of foster caregivers to | 478 |
| provide training or mentorship services to other foster | 479 |
| caregivers. | 480 |
| (C) At the beginning of a foster caregiver's two-year | 481 |
| certification period, a public children services agency, private | 482 |
| child placing
agency, or private noncustodial agency acting as a | 483 |
| recommending agency for a
foster caregiver holding a certificate | 484 |
| issued under
section 5103.03 of the Revised Code for a family | 485 |
| foster home or specialized foster home
may waive up to eight hours | 486 |
|
of continuing training the foster caregiver is otherwise required | 487 |
| by
division (A) of this section to complete in that two-year | 488 |
| certification period if all
of the following apply: | 489 |
(C)(D) Each recommending agency shall establish and implement | 503 |
| a
policy regarding good cause for a foster caregiver's failure to | 504 |
| complete the
continuing training in
accordance with division (A) | 505 |
| of this section. If the foster
caregiver complies with the policy, | 506 |
| as determined by the agency, the
department may renew the foster | 507 |
| caregiver's
foster home certificate. The agency shall submit the | 508 |
| policy to
the department and provide a copy to each foster home | 509 |
| the agency recommends for
certification or renewal. The policy | 510 |
| shall include the following: | 511 |
| Sec. 5103.0312.
A
public children services agency, private | 563 |
|
child placing agency, or
private noncustodial agency acting as a | 564 |
recommending agency for a
foster caregiver shall payreimburse
the | 565 |
foster caregiver
a stipend to reimburse the foster caregiverin a | 566 |
lump sum for
attending a preplacement or
continuing training | 567 |
|
program
operated under section
5103.034 or 5103.30 of the
Revised | 568 |
| Code and shall pay the foster caregiver a stipend to reimburse the | 569 |
| foster caregiver for attending a continuing training program | 570 |
| operated under section 5103.034 or 5103.30 of the Revised Code. | 571 |
| The amount of the lump sum
payment and the stipend rate shall be | 572 |
based on a
stipend
rate established by the
department
of job and | 573 |
family
services.
The
stipend rateand shall be
the same
regardless | 574 |
| of the type of
recommending agency from
which
the foster
caregiver | 575 |
| seeks a recommendation. The department shall,
pursuant to rules | 576 |
| adopted under section
5103.0316 of the Revised
Code, reimburse the | 577 |
recommending agency
for stipend payments it
makes in accordance | 578 |
| with this section. No payment shall be made to an individual for | 579 |
attending a preplacement training program if the individual fails | 580 |
to obtain a foster home certificate under section 5103.03 of the | 581 |
Revised Codeuntil a child has been placed in the individual's | 582 |
| home. | 583 |
| Sec. 5103.0313. Except as provided in section 5103.303 of | 584 |
| the Revised Code, the department of job and family services
shall | 585 |
| compensate a private child placing agency or private noncustodial | 586 |
| agency for the cost of procuring or operating
preplacement and | 587 |
| continuing training programs approved by the department of job and | 588 |
| family services under
section
5103.038 of the Revised Code for | 589 |
| prospective foster caregivers and foster caregivers who are | 590 |
| recommended for initial certification or recertification by the | 591 |
| agency. | 592 |
| Sec. 5126.04. (A) Each county board
of mental retardation | 612 |
| and developmental disabilities shall plan and set
priorities based | 613 |
| on available resources for the provision of facilities,
programs, | 614 |
| and other services to meet the needs of county residents who are | 615 |
|
individuals with mental retardation and other developmental | 616 |
| disabilities,
former residents of the county residing in state | 617 |
| institutions or placed under
purchase of service agreements under | 618 |
| section 5123.18 of the Revised Code, and
children subject to a | 619 |
| determination made pursuant to section 121.38 of the
Revised Code. | 620 |
| (C) The department of mental retardation and developmental | 661 |
| disabilities may
adopt rules in accordance with Chapter 119. of | 662 |
| the Revised Code as necessary
to implement this section. To the | 663 |
| extent that rules adopted under this
section apply to the | 664 |
| identification and placement of handicapped children
under Chapter | 665 |
| 3323. of the Revised Code, the rules shall be consistent with
the | 666 |
| standards and procedures established under sections 3323.03 to | 667 |
| 3323.05 of
the Revised Code. | 668 |
(D)(E) On or before the first day of
February prior to a | 674 |
| school
year, a county board of mental retardation and | 675 |
| developmental
disabilities may elect not to participate during | 676 |
| that school
year in the provision of or contracting for | 677 |
| educational services
for children ages six through twenty-one | 678 |
| years of age, provided
that on or before that date the board gives | 679 |
| notice of this
election to the superintendent of public | 680 |
| instruction, each
school district in the county, and the | 681 |
| educational service
center serving the county. If a board makes | 682 |
| this election, it
shall not have any responsibility for or | 683 |
| authority to provide
educational services that school year for | 684 |
| children ages six
through twenty-one years of age. If a board does | 685 |
| not make an
election for a school year in accordance with this | 686 |
| division, the
board shall be deemed to have elected to participate | 687 |
| during that
school year in the provision of or contracting for | 688 |
| educational
services for children ages six through twenty-one | 689 |
| years of
age. | 690 |
(E)(F) If a county board of
mental retardation and | 691 |
| developmental disabilities elects to
provide educational services | 692 |
| during a school year to individuals
six through twenty-one years | 693 |
| of age who are multiply
handicapped, the board may provide these | 694 |
| services to individuals
who are appropriately identified and | 695 |
| determined eligible
pursuant to Chapter 3323. of
the Revised
Code, | 696 |
| and in accordance with
applicable rules of the state board of | 697 |
| education. The county
board may also provide related services to | 698 |
| individuals six
through twenty-one years of age who have one or | 699 |
| more disabling
conditions, in accordance with section 3317.20 and | 700 |
|
Chapter 3323. of the
Revised
Code and applicable rules of
the | 701 |
| state board of education. | 702 |
| Sec. 5153.122. Each PCSA caseworker hired after January 1, | 703 |
| 2007, shall complete at least one hundred two hours of in-service | 704 |
| training
during the first year of the caseworker's continuous | 705 |
| employment as a PCSA caseworker, except that the executive | 706 |
| director of the public children services agency may waive the | 707 |
| training requirement for a school of social work graduate who | 708 |
| participated in the university partnership program described in | 709 |
| division (D) of section 5101.141 of the Revised Code. The training | 710 |
|
shall consist of courses in recognizing, accepting reports of, and | 711 |
| preventing child abuse,
neglect, and dependency; assessing
child | 712 |
| safety; assessing risks; interviewing persons; investigating | 713 |
| cases; intervening; providing
services to children and their | 714 |
| families; the importance of and need for accurate data; | 715 |
| preparation for court; maintenance of case record information; and | 716 |
| other topics relevant to child
abuse, neglect, and dependency. The | 717 |
| training shall also include courses in the legal duties of PCSA | 718 |
| caseworkers to protect the constitutional and statutory rights of | 719 |
| children and families from the initial time of contact during | 720 |
| investigation through treatment that shall include instruction | 721 |
| regarding parents' rights and the limitations that the Fourth | 722 |
| Amendment to the United States Constitution places upon | 723 |
| caseworkers and their investigations. | 724 |
| During the first two years of continuous employment as a PCSA | 729 |
| caseworker, each PCSA caseworker shall complete at least twelve | 730 |
| hours of training in recognizing the signs of domestic violence | 731 |
| and its relationship to child abuse as established in rules the | 732 |
| director of job and family services shall adopt pursuant to | 733 |
| Chapter 119. of the Revised Code. The twelve hours may be in | 734 |
addition to the ninety hours of training required during the | 735 |
caseworker's first year of employment or part of the thirty-six | 736 |
hours of training required during the second year of employment. | 737 |
| Sec. 5153.123. Each PCSA caseworker supervisor shall | 738 |
| complete at least sixty hours of in-service training during the | 739 |
| first year of the supervisor's continuous employment as a PCSA | 740 |
| caseworker supervisor. The training shall include courses in | 741 |
| screening reports of child abuse, neglect, or dependency. After a | 742 |
| PCSA caseworker supervisor's first year of continuous employment | 743 |
| as a PCSA caseworker supervisor, the supervisor annually shall | 744 |
| complete thirty hours of training in areas relevant to the | 745 |
| supervisor's assigned duties. During the first two years of | 746 |
| continuous employment as a PCSA caseworker supervisor, each PCSA | 747 |
| caseworker supervisor shall complete at least twelve hours of | 748 |
| training in recognizing the signs of domestic violence and its | 749 |
| relationship to child abuse as established in rules the director | 750 |
| of job and family services shall adopt pursuant to Chapter 119. of | 751 |
the Revised Code. The twelve hours may be in addition to the sixty | 752 |
hours of training required during the supervisor's first year of | 753 |
employment or part of the thirty hours of training required during | 754 |
| the second year of employment. | 755 |
| (1) "Public record" means
records kept by
any
public
office, | 764 |
| including, but not limited to, state, county,
city,
village, | 765 |
| township, and school district units,
and records
pertaining to the | 766 |
| delivery of educational
services by an
alternative
school in this | 767 |
| state kept by the nonprofit or
for-profit
entity operating the | 768 |
|
alternative school pursuant to
section
3313.533 of the Revised | 769 |
|
Code. "Public record" does not
mean any of
the following: | 770 |
| (3) "Medical record" means any document or combination of | 865 |
|
documents, except births, deaths, and the fact of admission to or | 866 |
|
discharge from a hospital, that pertains to the medical history, | 867 |
|
diagnosis, prognosis, or medical condition of a patient and that | 868 |
|
is generated and maintained in the process of medical treatment. | 869 |
| (5) "Intellectual property record" means a record,
other
than | 875 |
| a financial or administrative record, that is produced or | 876 |
|
collected
by or for faculty or staff of a state institution of | 877 |
|
higher learning in the
conduct of or as a result of study or | 878 |
|
research on an educational, commercial,
scientific, artistic, | 879 |
|
technical, or scholarly issue, regardless of whether the
study or | 880 |
|
research was sponsored by the institution alone or in conjunction | 881 |
|
with
a governmental body or private concern, and that has not been | 882 |
|
publicly
released, published, or patented. | 883 |
| (7) "Peace officer, parole officer, prosecuting attorney, | 888 |
| assistant prosecuting attorney, correctional employee, youth | 889 |
| services employee, firefighter, or EMT residential and
familial | 890 |
|
information"
means any information that discloses any of the | 891 |
| following about a
peace officer, parole officer, prosecuting | 892 |
| attorney, assistant prosecuting attorney, correctional employee, | 893 |
| youth services employee, firefighter, or EMT: | 894 |
| (a) The address of the actual personal residence of a peace | 895 |
|
officer, parole officer, assistant prosecuting attorney, | 896 |
| correctional employee, youth services employee, firefighter, or | 897 |
| EMT, except for the state or political
subdivision in which
the | 898 |
| peace
officer, parole officer, assistant prosecuting attorney, | 899 |
| correctional employee, youth services employee, firefighter, or | 900 |
| EMT
resides; | 901 |
| (c) The social security number, the residential telephone | 904 |
|
number,
any bank account, debit card, charge card, or credit card | 905 |
|
number, or the
emergency telephone number of, or any medical | 906 |
|
information pertaining to, a peace officer, parole officer, | 907 |
| prosecuting attorney, assistant prosecuting attorney, correctional | 908 |
| employee, youth services employee, firefighter, or EMT; | 909 |
| (d) The name of any beneficiary of employment benefits, | 910 |
|
including,
but not limited to, life insurance benefits, provided | 911 |
|
to a peace officer, parole officer, prosecuting attorney, | 912 |
| assistant prosecuting attorney, correctional employee, youth | 913 |
| services employee, firefighter, or EMT by
the peace officer's, | 914 |
| parole officer's, prosecuting attorney's, assistant prosecuting | 915 |
| attorney's, correctional employee's, youth services employee's, | 916 |
|
firefighter's, or EMT's employer; | 917 |
| (e) The identity and amount of any charitable or employment | 918 |
|
benefit deduction made by the peace officer's, parole officer's, | 919 |
| prosecuting attorney's, assistant prosecuting attorney's, | 920 |
| correctional employee's, youth services employee's, firefighter's, | 921 |
| or
EMT's
employer from the
peace
officer's, parole officer's, | 922 |
| prosecuting attorney's, assistant prosecuting attorney's, | 923 |
| correctional employee's, youth services employee's, firefighter's, | 924 |
| or EMT's
compensation
unless the amount of the deduction is | 925 |
|
required by
state
or federal
law; | 926 |
| (f) The name, the residential address, the name of the | 927 |
|
employer,
the address of the employer, the social security number, | 928 |
|
the residential
telephone number, any bank account, debit card, | 929 |
|
charge card, or credit card
number, or the emergency telephone | 930 |
|
number
of the spouse, a former spouse, or any child of a peace | 931 |
|
officer, parole officer, prosecuting attorney, assistant | 932 |
| prosecuting attorney, correctional employee, youth services | 933 |
| employee, firefighter, or EMT; | 934 |
| As used in divisions (A)(7) and (B)(9) of this section, | 939 |
|
"peace officer"
has the same meaning as in section 109.71 of the | 940 |
|
Revised Code
and also includes the superintendent and troopers of | 941 |
|
the state highway patrol;
it does not include the
sheriff of a | 942 |
|
county or a supervisory employee who, in the absence of the | 943 |
|
sheriff, is authorized to stand in for, exercise the authority of, | 944 |
|
and perform
the duties of the sheriff. | 945 |
| As used in divisions (A)(7) and (B)(9) of this section, "EMT" | 960 |
|
means EMTs-basic, EMTs-I, and paramedics that provide emergency | 961 |
|
medical services for a public emergency medical service | 962 |
|
organization. "Emergency medical service organization," | 963 |
|
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in | 964 |
|
section 4765.01 of the Revised Code. | 965 |
| (B)(1) Upon request and subject to division (B)(8) of this | 994 |
| section, all
public records responsive to the request shall
be | 995 |
| promptly prepared and made
available for
inspection to any person | 996 |
| at all reasonable times
during regular
business hours. Subject to | 997 |
| division (B)(8) of this section,
upon
request, a public office or | 998 |
| person
responsible for public records
shall make copies of the | 999 |
| requested public record available at
cost and within a reasonable | 1000 |
| period of
time. If a public record contains information that is | 1001 |
| exempt from the duty to permit public inspection or to copy the | 1002 |
| public record, the public office or the person responsible for the | 1003 |
| public record shall make available all of the information within | 1004 |
| the public record that is not exempt. When making that public | 1005 |
| record available for public inspection or copying that public | 1006 |
| record, the public office or the person responsible for the public | 1007 |
| record shall notify the requester of any redaction or make the | 1008 |
| redaction plainly visible. A redaction shall be deemed a denial of | 1009 |
| a request to inspect or copy the redacted information, except if | 1010 |
| federal or state law authorizes or requires a public office to | 1011 |
| make the redaction. | 1012 |
| (2) To facilitate broader access to public records, a public | 1013 |
| office or the person responsible for public records shall organize | 1014 |
| and maintain public records in a manner that they can be made | 1015 |
| available for inspection or copying in accordance with division | 1016 |
| (B) of this section. A public office also shall have available a | 1017 |
| copy of its current records retention schedule at a location | 1018 |
| readily available to the public. If a requester makes an ambiguous | 1019 |
| or overly broad request or has difficulty in making a request for | 1020 |
| copies or inspection of public records under this section such | 1021 |
| that the public office or the person responsible for the requested | 1022 |
| public record cannot reasonably identify what public records are | 1023 |
| being requested, the public office or the person responsible for | 1024 |
| the requested public record may deny the request but shall provide | 1025 |
| the requester with an opportunity to revise the request by | 1026 |
| informing the requester of the manner in which records are | 1027 |
| maintained by the public office and accessed in the ordinary | 1028 |
| course of the public office's or person's duties. | 1029 |
| (3) If a request is ultimately denied, in part or in whole, | 1030 |
| the public office or the person responsible for the requested | 1031 |
| public record shall provide the requester with an explanation, | 1032 |
| including legal authority, setting forth why the request was | 1033 |
| denied. If the initial request was provided in writing, the | 1034 |
| explanation also shall be provided to the requester in writing. | 1035 |
| The explanation shall not preclude the public office or the person | 1036 |
| responsible for the requested public record from relying upon | 1037 |
| additional reasons or legal authority in defending an action | 1038 |
| commenced under division (C) of this section. | 1039 |
| (4) Unless specifically required or authorized by state or | 1040 |
| federal law or in accordance with division (B) of this section, no | 1041 |
| public office or person responsible for public records may limit | 1042 |
| or condition the availability of public records by requiring | 1043 |
| disclosure of the requester's identity or the intended use of the | 1044 |
| requested public record. Any requirement that the requester | 1045 |
| disclose the requestor's identity or the intended use of the | 1046 |
| requested public record constitutes a denial of the request. | 1047 |
| (5) A public office or person responsible for public records | 1048 |
| may ask a requester to make the request in writing, may ask for | 1049 |
| the requester's identity, and may inquire about the intended use | 1050 |
| of the information requested, but may do so only after disclosing | 1051 |
| to the requester that a written request is not mandatory and that | 1052 |
| the requester may decline to reveal the requester's identity or | 1053 |
| the intended use and when a written request or disclosure of the | 1054 |
| identity or intended use would benefit the requester by enhancing | 1055 |
| the ability of the public office or person responsible for public | 1056 |
| records to identify, locate, or deliver the public records sought | 1057 |
| by the requester. | 1058 |
| (6) If any person chooses to obtain a copy of a public
record | 1059 |
| in
accordance with division (B) of this section,
the
public office | 1060 |
| or person responsible for the public record may require that | 1061 |
| person to pay in advance the cost involved in providing the copy | 1062 |
| of the public record in accordance with the choice made by the | 1063 |
| person seeking the copy under this division. The public office or | 1064 |
| the person responsible for the public record shall
permit
that | 1065 |
| person to
choose to have the public record duplicated
upon paper, | 1066 |
| upon the same medium
upon which the public office or
person | 1067 |
| responsible for the public record keeps
it, or upon
any
other | 1068 |
| medium upon which the public office or person responsible
for the | 1069 |
|
public record determines
that it reasonably can be
duplicated
as | 1070 |
| an integral part of the normal operations of the
public office or | 1071 |
| person
responsible for the public record. When
the person
seeking | 1072 |
| the copy makes a choice under this division,
the public office or | 1073 |
|
person responsible for the public record
shall provide a copy of | 1074 |
| it in
accordance
with the choice made by
the person seeking the | 1075 |
| copy. Nothing in this section requires a public office or person | 1076 |
| responsible for the public record to allow the person seeking a | 1077 |
| copy of the public record to make the copies of the public record. | 1078 |
| (7) Upon a request made in accordance with division (B)
of | 1079 |
|
this section and subject to division (B)(6) of this section, a | 1080 |
| public office or person responsible for public
records
shall | 1081 |
| transmit a copy of a public record to any person by
United
States | 1082 |
| mail or by any other means of delivery or transmission within a | 1083 |
| reasonable period of time after
receiving the
request for the | 1084 |
|
copy. The public office or person
responsible for the public | 1085 |
| record may
require the person making
the request to pay in advance | 1086 |
| the cost of postage if the copy is transmitted by United States | 1087 |
| mail or the cost of delivery if the copy is transmitted other than | 1088 |
| by United States mail, and to pay in advance the costs incurred | 1089 |
| for other
supplies used in
the mailing, delivery, or transmission. | 1090 |
| Any public office
may adopt a policy and procedures that it | 1091 |
|
will follow in
transmitting, within a reasonable period of time | 1092 |
|
after receiving
a request, copies of public records by
United | 1093 |
|
States mail or by any other means of delivery or transmission | 1094 |
| pursuant to this
division. A public office that
adopts a policy | 1095 |
| and procedures
under this division shall comply
with them in | 1096 |
| performing its
duties under this division. | 1097 |
| In any policy and procedures adopted under this division, a | 1098 |
|
public office may limit the number of records requested by a | 1099 |
|
person that
the office will transmit by United States mail to ten | 1100 |
|
per
month, unless the person certifies to the office in writing | 1101 |
|
that the person
does not intend to use or forward the requested | 1102 |
|
records, or the information
contained
in them, for commercial | 1103 |
|
purposes. For purposes of this division, "commercial"
shall be | 1104 |
|
narrowly construed and does not include reporting or gathering | 1105 |
|
news,
reporting or gathering information to assist citizen | 1106 |
|
oversight or
understanding of the operation or activities of | 1107 |
|
government, or nonprofit
educational research. | 1108 |
| (8) A public office or person responsible for public records | 1109 |
|
is
not required to permit a person who is incarcerated pursuant to | 1110 |
|
a
criminal conviction or a juvenile adjudication to inspect or to | 1111 |
|
obtain a copy of any public record concerning a criminal | 1112 |
|
investigation or prosecution or concerning what would be a | 1113 |
|
criminal investigation or prosecution if the subject of the | 1114 |
|
investigation or prosecution were an adult, unless the request to | 1115 |
|
inspect or to obtain a copy of the record is for the purpose of | 1116 |
|
acquiring information that is subject to release as a public | 1117 |
|
record under this section and the judge who imposed the sentence | 1118 |
|
or made the adjudication with respect to the person, or the | 1119 |
|
judge's successor in office, finds that the information sought in | 1120 |
|
the public record is necessary to support what appears to be a | 1121 |
|
justiciable claim of the person. | 1122 |
| (9) Upon written request made and signed by a journalist on | 1123 |
|
or after
December 16,
1999, a
public office, or person responsible | 1124 |
|
for public records, having custody of
the records of the agency | 1125 |
|
employing a specified peace officer, parole officer, prosecuting | 1126 |
| attorney, assistant prosecuting attorney, correctional employee, | 1127 |
| youth services employee, firefighter, or EMT shall
disclose
to the | 1128 |
|
journalist the address of the actual personal
residence of
the | 1129 |
|
peace
officer, parole officer, prosecuting attorney, assistant | 1130 |
| prosecuting attorney, correctional employee, youth services | 1131 |
| employee, firefighter, or EMT and, if the
peace officer's, parole | 1132 |
| officer's, prosecuting attorney's, assistant prosecuting | 1133 |
| attorney's, correctional employee's, youth services employee's, | 1134 |
|
firefighter's, or EMT's spouse, former spouse,
or
child is | 1135 |
| employed by a
public office, the name and address of
the
employer | 1136 |
| of the peace
officer's, parole officer's, prosecuting attorney's, | 1137 |
| assistant prosecuting attorney's, correctional employee's, youth | 1138 |
| services employee's, firefighter's, or EMT's spouse,
former | 1139 |
| spouse, or
child.
The
request shall include the
journalist's name | 1140 |
| and title
and the
name
and address of the
journalist's employer | 1141 |
| and shall
state
that
disclosure of the
information sought would be | 1142 |
| in the
public
interest. | 1143 |
| As used in this division, "journalist"
means a
person engaged | 1144 |
| in, connected with, or employed by any news
medium, including a | 1145 |
|
newspaper, magazine, press association, news
agency, or wire | 1146 |
| service, a radio or television station, or a
similar medium, for | 1147 |
| the purpose of gathering, processing,
transmitting, compiling, | 1148 |
| editing, or disseminating information for
the
general public. | 1149 |
| (C)(1) If a person allegedly is aggrieved by the failure of a | 1150 |
|
public office or the person responsible for public records to | 1151 |
| promptly prepare a public record and to make
it
available to the | 1152 |
| person for inspection in accordance with
division
(B) of this | 1153 |
| section or by any other failure of a public
office or the person | 1154 |
| responsible for public records to comply with an obligation in | 1155 |
| accordance
with division (B) of this section, the person allegedly | 1156 |
| aggrieved
may commence a mandamus action to obtain a judgment that | 1157 |
| orders
the public office or the person responsible for the public | 1158 |
|
record
to comply with division (B) of this section, that
awards | 1159 |
| court costs and
reasonable attorney's fees to the person that | 1160 |
| instituted
the
mandamus action, and, if applicable, that includes | 1161 |
| an order fixing statutory damages under division (C)(1) of this | 1162 |
| section. The mandamus action may be commenced in the
court of | 1163 |
| common pleas of the county in which division (B) of this
section | 1164 |
| allegedly was not complied with, in the supreme court
pursuant to | 1165 |
| its original jurisdiction under Section 2 of Article
IV, Ohio | 1166 |
| Constitution, or in the court of appeals for the
appellate | 1167 |
| district in which division (B) of this section
allegedly
was not | 1168 |
| complied with pursuant to its original
jurisdiction under
Section | 1169 |
| 3 of Article IV, Ohio Constitution. | 1170 |
| If a requestor transmits a written request by hand delivery | 1171 |
| or certified mail to inspect or receive copies of any public | 1172 |
| record in a manner that fairly describes the public record or | 1173 |
| class of public records to the public office or person responsible | 1174 |
| for the requested public records, except as otherwise provided in | 1175 |
| this section, the requestor shall be entitled to recover the | 1176 |
| amount of statutory damages set forth in this division if a court | 1177 |
| determines that the public office or the person responsible for | 1178 |
| public records failed to comply with an obligation in accordance | 1179 |
| with division (B) of this section. | 1180 |
| The amount of statutory damages shall be fixed at one hundred | 1181 |
| dollars for each business day during which the public office or | 1182 |
| person responsible for the requested public records failed to | 1183 |
| comply with an obligation in accordance with division (B) of this | 1184 |
| section, beginning with the day on which the requester files a | 1185 |
| mandamus action to recover statutory damages, up to a maximum of | 1186 |
| one thousand dollars. The award of statutory damages shall not be | 1187 |
| construed as a penalty, but as compensation for injury arising | 1188 |
| from lost use of the requested information. The existence of this | 1189 |
| injury shall be conclusively presumed. The award of statutory | 1190 |
| damages shall be in addition to all other remedies authorized by | 1191 |
| this section. | 1192 |
| (a) That, based on the ordinary application of statutory law | 1196 |
| and case law as it existed at the time of the conduct or | 1197 |
| threatened conduct of the public office or person responsible for | 1198 |
| the requested public records that allegedly constitutes a failure | 1199 |
| to comply with an obligation in accordance with division (B) of | 1200 |
| this section and that was the basis of the mandamus action, a | 1201 |
| well-informed public office or person responsible for the | 1202 |
| requested public records reasonably would believe that the conduct | 1203 |
| or threatened conduct of the public office or person responsible | 1204 |
| for the requested public records did not constitute a failure to | 1205 |
| comply with an obligation in accordance with division (B) of this | 1206 |
| section; | 1207 |
| (b) If the court renders a judgment that orders the public | 1220 |
| office or the person responsible for the public record to comply | 1221 |
| with division (B) of this section, the court may award reasonable | 1222 |
| attorney's fees subject to reduction as described in division | 1223 |
| (C)(2)(c) of this section. The court shall award reasonable | 1224 |
| attorney's fees, subject to reduction as described in division | 1225 |
| (C)(2)(c) of this section when either of the following applies: | 1226 |
| (i) That, based on the ordinary application of statutory law | 1244 |
| and case law as it existed at the time of the conduct or | 1245 |
| threatened conduct of the public office or person responsible for | 1246 |
| the requested public records that allegedly constitutes a failure | 1247 |
| to comply with an obligation in accordance with division (B) of | 1248 |
| this section and that was the basis of the mandamus action, a | 1249 |
| well-informed public office or person responsible for the | 1250 |
| requested public records reasonably would believe that the conduct | 1251 |
| or threatened conduct of the public office or person responsible | 1252 |
| for the requested public records did not constitute a failure to | 1253 |
| comply with an obligation in accordance with division (B) of this | 1254 |
| section; | 1255 |
| (E)(1) To ensure that all employees of public offices are | 1265 |
| appropriately educated about a public office's obligations under | 1266 |
| division (B) of this section, all elected officials or their | 1267 |
| appropriate designees shall attend training approved by the | 1268 |
| attorney general as provided in section 109.43 of the Revised | 1269 |
| Code. In addition, all public offices shall adopt a public records | 1270 |
| policy in compliance with this section for responding to public | 1271 |
| records requests. In adopting a public records policy under this | 1272 |
| division, a public office may obtain guidance from the model | 1273 |
| public records policy developed and provided to the public office | 1274 |
| by the attorney general under section 109.43 of the Revised Code. | 1275 |
| Except as otherwise provided in this section, the policy may not | 1276 |
| limit the number of public records that the public office will | 1277 |
| make available to a single person, may not limit the number of | 1278 |
| public records that it will make available during a fixed period | 1279 |
| of time, and may not establish a fixed period of time before it | 1280 |
| will respond to a request for inspection or copying of public | 1281 |
| records, unless that period is less than eight hours. | 1282 |
| (2) The public office shall distribute the public records | 1283 |
| policy adopted by the public office under division (E)(1) of this | 1284 |
| section to the employee of the public office who is the records | 1285 |
| custodian or records manager or otherwise has custody of the | 1286 |
| records of that office. The public office shall require that | 1287 |
| employee to acknowledge receipt of the copy of the public records | 1288 |
| policy. The public office shall create a poster that describes its | 1289 |
| public records policy and shall post the poster in a conspicuous | 1290 |
| place in the public office and in all locations where the public | 1291 |
| office has branch offices. The public office may post its public | 1292 |
| records policy on the internet web site of the public office if | 1293 |
| the public office maintains an internet web site. A public office | 1294 |
| that has established a manual or handbook of its general policies | 1295 |
| and procedures for all employees of the public office shall | 1296 |
| include the public records policy of the public office in the | 1297 |
| manual or handbook. | 1298 |
| (F)(1) The bureau of motor vehicles may adopt rules pursuant | 1299 |
|
to
Chapter 119. of the Revised Code to reasonably
limit the number | 1300 |
|
of bulk commercial special extraction requests made by a
person | 1301 |
|
for the same records or for updated records during a calendar | 1302 |
|
year.
The rules may include provisions for charges to be made for | 1303 |
|
bulk commercial
special
extraction requests for the actual cost of | 1304 |
|
the bureau, plus special extraction
costs, plus ten per cent. The | 1305 |
|
bureau may charge for
expenses for redacting information, the | 1306 |
|
release of which is prohibited by
law. | 1307 |
| (b) "Bulk commercial special extraction request" means a | 1314 |
|
request
for copies of a record for information in a format other | 1315 |
|
than the format
already available, or information that cannot be | 1316 |
|
extracted without examination
of all items in a records series, | 1317 |
|
class of records, or data base by a person
who intends to use or | 1318 |
|
forward the copies for surveys, marketing, solicitation, or resale | 1319 |
|
for
commercial purposes. "Bulk commercial special extraction | 1320 |
|
request" does not
include a request by a person who gives | 1321 |
|
assurance to the bureau that the
person making the request does | 1322 |
|
not intend to use or forward the requested
copies for surveys, | 1323 |
|
marketing,
solicitation, or resale for commercial purposes. | 1324 |
| (3) For purposes of divisions (F)(1)
and (2) of this
section, | 1334 |
| "surveys, marketing, solicitation, or
resale for commercial | 1335 |
| purposes"
shall be narrowly construed and does not include | 1336 |
| reporting or
gathering
news, reporting or gathering information to | 1337 |
| assist
citizen oversight or
understanding of the operation or | 1338 |
| activities
of government, or nonprofit
educational research. | 1339 |
| Section 6. (A) The Ohio Department of Job and Family | 1345 |
| Services shall develop, implement, and oversee use of a Child | 1346 |
| Placement Level of Care Tool on a pilot basis. The Department | 1347 |
| shall implement the pilot program in Cuyahoga County and not more | 1348 |
| than nine additional counties selected by the Department. The | 1349 |
| pilot program shall be developed by the participating counties and | 1350 |
| must be acceptable to all participating counties. A selected | 1351 |
| county must agree to participate in the pilot program. | 1352 |
| (D) The Ohio Department of Mental Health shall conduct a | 1373 |
| study of a sample of the children placed using the Child Placement | 1374 |
| Level of Care Tool, which shall run concurrent with the Ohio | 1375 |
| Department of Job and Family Services Child Placement Level of | 1376 |
| Care Tool pilot program. This study shall evaluate outcomes from | 1377 |
| the initial and regular administration of the Ohio Scales Tool and | 1378 |
| changes in the level of children's functioning over time. The Ohio | 1379 |
| Department of Mental Health shall seek maximum federal financial | 1380 |
| participation to conduct the Ohio Scales Tool evaluation. Upon | 1381 |
| completion of the study, the Ohio Department of Mental Health | 1382 |
| shall send a copy of the results of the study to the independent | 1383 |
| evaluator designated under division (C) of this section. | 1384 |
| (E) The independent evaluator of the Child Placement Level of | 1385 |
| Care Tool designated under division (C) of this section shall | 1386 |
| compare the evaluation of the Child Placement Level of Care Tool | 1387 |
| conducted pursuant to division (C) of this section to the study of | 1388 |
| the Ohio Scales Tool conducted under division (D) of this section. | 1389 |
| The comparison should focus on analyzing any correlations between | 1390 |
| the placement stability outcomes associated with the Level of Care | 1391 |
| Tool and the behavioral health level of functioning outcomes | 1392 |
| associated with the Ohio Scales Tool. The independent evaluator | 1393 |
| shall send a copy of the evaluator's initial evaluation of the | 1394 |
| Child Placement Level of Care Tool, the Ohio Department of Mental | 1395 |
| Health study, and the comparison to the Ohio Department of Job and | 1396 |
| Family Services. | 1397 |
| Section 7. The Ohio Department of Job and Family Services may | 1415 |
| seek federal approval through the United States Department of | 1416 |
| Health and Human Services to include within funding under Title | 1417 |
| IV-E of the "Social Security Act," 94 Stat. 501, 42 U.S.C. 670 | 1418 |
| (1980) an additional category of foster care certification, and | 1419 |
| simplified standards for that certification, for placements in | 1420 |
| which the child has an existing relationship with the foster | 1421 |
| caregiver. | 1422 |
| Section 8. The Ohio Department of Job and Family Services | 1423 |
| shall partner with the Ohio Department of Mental Retardation and | 1424 |
| Developmental Disabilities to offer joint cross system briefings | 1425 |
| to better educate the professionals of both systems for more | 1426 |
| effective service delivery for dually involved children and | 1427 |
| families. The joint cross system briefings shall be conducted | 1428 |
| regularly for one year after the effective date of this act, and | 1429 |
| shall serve as a platform for conducting forums and developing | 1430 |
| training curriculums for foster caregivers that care for mentally | 1431 |
| retarded and developmentally disabled children. | 1432 |
| Section 9. That sections 2151.23, 2151.39, 3313.64, and | 1433 |
| 5103.16 be amended and sections 5103.23, 5103.231, 5103.232, | 1434 |
| 5103.233, 5103.234, 5103.235, 5103.236, 5103.237, and 5103.238 of | 1435 |
| the Revised Code be enacted to read as follows: | 1436 |
| (1) Concerning any child who on or about the date
specified | 1439 |
|
in the complaint, indictment, or information is alleged to have | 1440 |
|
violated section 2151.87 of the Revised Code or an order issued | 1441 |
|
under that section or to be a juvenile traffic
offender or a | 1442 |
|
delinquent, unruly, abused, neglected, or
dependent child
and, | 1443 |
|
based on and in relation to the allegation pertaining to the | 1444 |
|
child,
concerning the parent, guardian, or other person having | 1445 |
|
care
of a child who is alleged to be an unruly or delinquent child | 1446 |
|
for being an
habitual or chronic
truant; | 1447 |
| (6) To hear and determine all criminal cases in which an | 1461 |
|
adult is charged with a violation of division (C) of section | 1462 |
|
2919.21, division (B)(1) of section 2919.22, section 2919.222, | 1463 |
|
division (B) of
section 2919.23, or section 2919.24 of the Revised | 1464 |
|
Code, provided
the charge is not included in an indictment that | 1465 |
|
also charges the
alleged adult offender with the commission of a | 1466 |
|
felony arising
out of the same actions that are the basis of the | 1467 |
|
alleged
violation of division (C) of section 2919.21, division | 1468 |
|
(B)(1) of
section 2919.22, section 2919.222, division (B) of | 1469 |
|
section
2919.23, or section
2919.24 of the Revised Code; | 1470 |
| (11) Subject to divisions (G) and (V) of section 2301.03 of | 1483 |
| the
Revised Code, to hear
and determine a request for an order for | 1484 |
| the
support of any child if the request is not ancillary to an | 1485 |
| action
for divorce, dissolution of marriage, annulment, or legal | 1486 |
|
separation, a criminal or civil action involving an allegation of | 1487 |
|
domestic violence, or an action for support brought under Chapter | 1488 |
|
3115. of the Revised Code; | 1489 |
| (15) To conduct the hearings, and to make the determinations, | 1499 |
|
adjudications, and orders authorized or required under sections | 1500 |
|
2152.82 to 2152.85 and Chapter 2950. of the Revised Code regarding | 1501 |
|
a
child who has been adjudicated a delinquent child and to refer | 1502 |
|
the duties conferred upon the juvenile court judge under sections | 1503 |
|
2152.82 to 2152.85 and Chapter 2950. of the Revised Code to | 1504 |
|
magistrates appointed by the juvenile court judge in accordance | 1505 |
|
with Juvenile Rule 40. | 1506 |
| (C) The juvenile court, except as to juvenile courts that
are | 1536 |
| a separate division of the court of common pleas or a
separate
and | 1537 |
| independent juvenile court, has jurisdiction to
hear,
determine, | 1538 |
| and make a record of any action for divorce or
legal
separation | 1539 |
| that involves the custody or care of children
and that
is filed in | 1540 |
| the court of common pleas and certified by
the court
of common | 1541 |
| pleas with all the papers filed in the action
to the
juvenile | 1542 |
| court for trial, provided that no certification of
that
nature | 1543 |
| shall
be made to any juvenile court unless the consent of
the | 1544 |
| juvenile judge
first is obtained. After a certification of
that | 1545 |
| nature is made
and consent is
obtained, the juvenile court
shall | 1546 |
| proceed as if the action originally had
been begun in that
court, | 1547 |
| except as to awards for spousal support
or support due and
unpaid | 1548 |
| at the time of certification, over
which the juvenile court
has no | 1549 |
| jurisdiction. | 1550 |
| (D) The juvenile court, except as provided in divisions (G) | 1551 |
| and (I)
of section 2301.03
of the Revised Code, has jurisdiction | 1552 |
| to hear
and
determine all matters as to custody and support of | 1553 |
| children
duly
certified by the court of common pleas to the | 1554 |
| juvenile court
after a divorce decree has been granted, including | 1555 |
| jurisdiction
to
modify the judgment and decree of the court of | 1556 |
| common pleas as
the
same relate to the custody and support of | 1557 |
| children. | 1558 |
| (G) Any
juvenile court that
makes or modifies an order for | 1572 |
|
child support
shall comply with
Chapters 3119., 3121., 3123., and | 1573 |
|
3125. of the Revised Code. If any person
required to pay
child | 1574 |
|
support under an order made by a juvenile
court on or after
April | 1575 |
|
15, 1985, or modified on or after December
1, 1986, is
found in | 1576 |
|
contempt of court for failure to make support
payments
under the | 1577 |
|
order, the court that makes the finding, in
addition to
any other | 1578 |
|
penalty or remedy imposed, shall assess all
court costs
arising | 1579 |
|
out of the contempt proceeding against the
person and
require the | 1580 |
|
person to pay any reasonable attorney's
fees of any
adverse party, | 1581 |
|
as determined by the court, that arose
in relation
to the act of | 1582 |
|
contempt. | 1583 |
| (H) If a child who is charged with an act that would be an | 1584 |
|
offense if committed by an adult was fourteen years of age or | 1585 |
|
older and under
eighteen years of age at the time of the alleged | 1586 |
|
act and if the case is
transferred for criminal prosecution | 1587 |
|
pursuant to section 2152.12 of the
Revised Code, the
juvenile | 1588 |
|
court does not have jurisdiction to hear or
determine the case | 1589 |
|
subsequent to the transfer. The court to which the
case is | 1590 |
|
transferred for criminal prosecution pursuant to that
section has | 1591 |
|
jurisdiction subsequent to the transfer to hear and
determine the | 1592 |
|
case in the same manner as if the case originally
had been | 1593 |
|
commenced in that court, including, but not limited to, | 1594 |
|
jurisdiction to accept a plea of guilty or another plea
authorized | 1595 |
|
by Criminal Rule 11 or another section
of the Revised Code and | 1596 |
|
jurisdiction to accept a
verdict and to enter a judgment of | 1597 |
|
conviction pursuant to the
Rules of Criminal Procedure against the | 1598 |
|
child for the commission of the offense that was the basis of the | 1599 |
|
transfer of the case for criminal prosecution, whether the | 1600 |
|
conviction is for the same degree or a lesser degree of the | 1601 |
|
offense charged, for the commission of a lesser-included offense, | 1602 |
|
or for the commission of another offense that is different from | 1603 |
|
the offense charged. | 1604 |
| (I) If a person under eighteen
years of age allegedly
commits | 1605 |
| an act that would be a felony if committed by
an adult and
if the | 1606 |
| person is not taken into custody or apprehended for that
act until | 1607 |
| after the person attains twenty-one years of age, the
juvenile | 1608 |
| court
does not have jurisdiction to hear or determine any
portion | 1609 |
| of the case
charging the person with committing that act.
In those | 1610 |
| circumstances,
divisions (A) and (B) of section 2152.12
of the | 1611 |
|
Revised Code do not apply regarding the act, and the case
charging | 1612 |
| the person with committing the act shall be a criminal
prosecution | 1613 |
|
commenced and heard in the appropriate court having
jurisdiction | 1614 |
| of the
offense as if the person had been eighteen
years of age or | 1615 |
| older when the
person committed the act. All
proceedings | 1616 |
| pertaining to the act shall be
within the jurisdiction
of the | 1617 |
| court having jurisdiction of the offense, and
that court
has all | 1618 |
| the authority and
duties
in the case that it has in other
criminal | 1619 |
| cases in
that court. | 1620 |
| Sec. 2151.39. No person, association or agency, public or | 1621 |
|
private, of another state, incorporated or otherwise, shall place | 1622 |
|
a child in a family home or with an agency or institution within | 1623 |
|
the boundaries of this state, either for temporary or permanent | 1624 |
|
care or custody or for adoption, unless such person or
association | 1625 |
|
has furnished the department of job and family services with
a | 1626 |
|
medical and social history of the child, pertinent information | 1627 |
|
about the family, agency, association, or institution in this | 1628 |
|
state with whom the sending party desires to place the child, and | 1629 |
|
any other information or financial guaranty required by the | 1630 |
|
department to determine whether the proposed placement will meet | 1631 |
|
the needs of the child. The department may require the party | 1632 |
|
desiring the placement to agree to promptly receive and remove | 1633 |
|
from the state a child brought into the state whose placement has | 1634 |
|
not proven satisfactorily responsive to the needs of the child at | 1635 |
|
any time until the child is adopted, reaches majority, becomes | 1636 |
|
self-supporting or is discharged with the concurrence of the | 1637 |
|
department. All placements proposed to be made in this state by
a | 1638 |
|
party located in a state which is a party to the interstate | 1639 |
compact onfor the placement of children shall be made according | 1640 |
| to
the provisions of sections 5103.20 to 5103.22 of the Revised | 1641 |
|
Code, or, if the interstate compact on the placement of children | 1642 |
| is in effect in this state, all placements proposed to be made in | 1643 |
| this state by a party located in a state that is a party to that | 1644 |
| compact shall be made according to the provisions of sections | 1645 |
| 5103.23 to 5103.238 of the Revised Code. | 1646 |
| (1)(a) Except as provided in division (A)(1)(b) of this | 1649 |
| section, "parent" means either parent, unless the parents are | 1650 |
|
separated or divorced or their marriage has been dissolved or | 1651 |
|
annulled, in which case
"parent" means the parent who is the | 1652 |
|
residential parent and legal custodian of the child. When a
child | 1653 |
|
is in the legal custody of a government agency or a person
other | 1654 |
|
than the child's natural or adoptive parent,
"parent" means
the | 1655 |
|
parent with residual parental rights, privileges, and | 1656 |
|
responsibilities. When a child is in the permanent custody of a | 1657 |
|
government agency or a person other than the child's natural or | 1658 |
|
adoptive parent,
"parent" means the parent who was divested of | 1659 |
|
parental
rights and responsibilities for the care of the child and | 1660 |
|
the
right to have the child live with the parent and be the legal | 1661 |
|
custodian
of the child and all residual parental rights, | 1662 |
|
privileges, and
responsibilities. | 1663 |
| (1) If the child receives special education in accordance | 1758 |
|
with Chapter 3323. of the Revised Code, the school district of | 1759 |
| residence, as defined in section 3323.01 of the Revised Code, | 1760 |
| shall pay tuition for the child in
accordance with section | 1761 |
| 3323.091, 3323.13, 3323.14, or 3323.141
of
the Revised Code | 1762 |
| regardless of who has custody of the child or
whether the child | 1763 |
| resides in a home. | 1764 |
| (d) If at the time the court removed the child from
home or | 1785 |
|
vested legal or permanent custody of the child in the
person or | 1786 |
|
government agency, whichever occurred first, one parent
was in a | 1787 |
|
residential or correctional facility or a juvenile
residential | 1788 |
|
placement and the other parent, if living and not in
such a | 1789 |
|
facility or placement, was not known to reside in this
state, | 1790 |
|
tuition shall be paid by the district determined under
division | 1791 |
|
(D) of section 3313.65 of the Revised Code as the
district | 1792 |
|
required to pay any tuition while the parent was in such
facility | 1793 |
|
or placement; | 1794 |
| (D) Tuition required to be paid under divisions (C)(2) and | 1807 |
|
(3)(a) of this section shall be computed in accordance with | 1808 |
|
section 3317.08 of the Revised Code. Tuition required to be paid | 1809 |
|
under division (C)(3)(b) of this section shall be computed in | 1810 |
|
accordance with section 3317.081 of the Revised Code. If a home | 1811 |
|
fails to pay the tuition required by division (C)(3)(b) of this | 1812 |
|
section, the board of education providing the education may | 1813 |
|
recover in a civil action the tuition and the expenses incurred
in | 1814 |
|
prosecuting the action, including court costs and reasonable | 1815 |
|
attorney's fees. If the prosecuting attorney or city director of | 1816 |
|
law represents the board in such action, costs and reasonable | 1817 |
|
attorney's fees awarded by the court, based upon the prosecuting | 1818 |
|
attorney's, director's, or one of their designee's time
spent | 1819 |
|
preparing
and presenting the case, shall be deposited in the | 1820 |
|
county or city
general fund. | 1821 |
| (1) All persons at least eighteen but under twenty-two
years | 1831 |
|
of age who live apart from their parents, support
themselves by | 1832 |
|
their own labor, and have not successfully
completed the high | 1833 |
|
school curriculum or the individualized
education program | 1834 |
|
developed for the person by the high school
pursuant to section | 1835 |
|
3323.08 of the Revised Code, are entitled to
attend school in the | 1836 |
|
district in which they reside. | 1837 |
| (3) A child is entitled to attend school in the district
in | 1840 |
|
which either of the child's parents is employed if the
child has a | 1841 |
|
medical condition that may require emergency medical attention. | 1842 |
|
The parent of
a child entitled to attend school under division | 1843 |
|
(F)(3) of this section shall submit to the board of education of | 1844 |
|
the district in which the parent is employed a statement from the | 1845 |
|
child's physician certifying that the child's medical condition | 1846 |
|
may require emergency medical attention. The statement shall be | 1847 |
|
supported by such other evidence as the board may require. | 1848 |
| (5) Any child under the age of twenty-two years who, after | 1861 |
|
the
death of a parent, resides in a school district other than the | 1862 |
|
district in which the child attended school at the time of the | 1863 |
|
parent's death is entitled to continue to attend school in the | 1864 |
|
district in which the child attended school at the time of the | 1865 |
|
parent's death for the remainder of the school year, subject to | 1866 |
|
approval of that district board. | 1867 |
| (7) A child under the age of twenty-two years residing with
a | 1881 |
|
parent who has a contract to purchase a house in a school
district | 1882 |
| outside the district where the parent is residing and
who
is | 1883 |
| waiting upon the date of closing of the mortgage loan for
the | 1884 |
|
purchase of such house is entitled to attend school for a
period | 1885 |
|
of time in the district where the house is being
purchased. In | 1886 |
|
order to be entitled to such attendance, the
parent shall provide | 1887 |
|
the district superintendent with the
following: | 1888 |
| The district superintendent shall establish a period of
time | 1897 |
|
not to exceed ninety days during which the child entitled to | 1898 |
|
attend school under division (F)(6) or (7) of this section may | 1899 |
|
attend without tuition obligation. A student attending a school | 1900 |
|
under division (F)(6) or (7) of this section shall be eligible to | 1901 |
|
participate in interscholastic athletics under the auspices of | 1902 |
|
that school, provided the board of education of the school | 1903 |
|
district where the student's parent resides, by a formal action, | 1904 |
|
releases the student to participate in interscholastic athletics | 1905 |
|
at the school where the student is attending, and provided the | 1906 |
|
student receives any authorization required by a public agency or | 1907 |
|
private organization of which the school district is a member | 1908 |
|
exercising authority over interscholastic sports. | 1909 |
| (8) A child whose parent is a full-time employee of a
city, | 1910 |
|
local, or exempted village school district, or of an
educational | 1911 |
|
service center, may be admitted
to the schools of the district | 1912 |
|
where the child's parent is
employed, or in the case of a child | 1913 |
|
whose parent is employed by an
educational service center, in the | 1914 |
|
district that serves the location where
the parent's job is | 1915 |
|
primarily located,
provided the district board of education | 1916 |
|
establishes such an admission
policy by resolution adopted by a | 1917 |
|
majority of its members. Any
such policy shall take effect on the | 1918 |
|
first day of the school year
and the effective date of any | 1919 |
|
amendment or repeal may not be
prior to the first day of the | 1920 |
|
subsequent school year. The policy
shall be uniformly applied to | 1921 |
|
all such children and shall provide
for the admission of any such | 1922 |
|
child upon request of the parent. No child may
be admitted under | 1923 |
|
this policy after the first day of
classes of any school year. | 1924 |
| The enrollment of a child in a school district under this | 1931 |
|
division shall not be denied due to a delay in the school | 1932 |
|
district's receipt of any records required under section 3313.672 | 1933 |
|
of the Revised Code or any other records required for enrollment.
| 1934 |
|
Any days of attendance and any credits earned by a child while | 1935 |
|
enrolled in a school district under this division shall be | 1936 |
|
transferred to and accepted by any school district in which the | 1937 |
|
child subsequently enrolls. The state board of education shall | 1938 |
|
adopt rules to ensure compliance with this division. | 1939 |
| (10) Any child under the age of twenty-two years whose
parent | 1940 |
|
has moved out of the school district after the commencement
of | 1941 |
|
classes in the child's senior year of high school is entitled, | 1942 |
|
subject to the approval of that district board, to attend school | 1943 |
|
in the district in which the child attended school at the
time of | 1944 |
|
the parental move for the remainder of the school year and
for one | 1945 |
|
additional semester or equivalent term. A district board may
also | 1946 |
|
adopt a policy specifying extenuating circumstances under
which a | 1947 |
|
student may continue to attend school under division
(F)(10) of | 1948 |
|
this section for an additional period of time in order
to | 1949 |
|
successfully complete the high school curriculum for the | 1950 |
|
individualized education program developed for the student by the | 1951 |
|
high school pursuant to section 3323.08 of the Revised Code. | 1952 |
| (11) As used in this division,
"grandparent" means a
parent | 1953 |
|
of a parent of a child. A child under the age of
twenty-two years | 1954 |
|
who is in the custody of the child's
parent, resides
with a | 1955 |
|
grandparent, and does not require special education is
entitled to | 1956 |
|
attend the schools of the district in which the
child's | 1957 |
|
grandparent resides, provided that, prior to such attendance in | 1958 |
|
any school year, the board of education of the school district in | 1959 |
|
which the child's grandparent resides and the board of
education | 1960 |
|
of the
school district in which the child's parent resides enter | 1961 |
|
into a written
agreement specifying that good cause exists for | 1962 |
|
such attendance,
describing the nature of this good cause, and | 1963 |
|
consenting to such
attendance. | 1964 |
| In lieu of a consent form signed by a parent, a board of | 1965 |
|
education may request the grandparent of a child attending school | 1966 |
|
in the district in which the grandparent resides pursuant to | 1967 |
|
division (F)(11) of this section to complete any consent form | 1968 |
|
required by the district, including any authorization required by | 1969 |
|
sections 3313.712, 3313.713, 3313.716, and 3313.718 of the Revised | 1970 |
| Code.
Upon
request, the grandparent shall complete any consent | 1971 |
| form
required
by the district. A school district shall not incur | 1972 |
| any
liability
solely because of its receipt of a consent form from | 1973 |
| a
grandparent in lieu of a parent. | 1974 |
| Division (F)(11) of this section does not
create, and shall | 1975 |
|
not be construed
as creating, a new cause of action or substantive | 1976 |
|
legal right
against a school district, a member of a board of | 1977 |
|
education, or
an employee of a school district. This section does | 1978 |
|
not affect,
and shall not be construed as affecting, any | 1979 |
|
immunities from
defenses to tort liability created or recognized | 1980 |
|
by Chapter 2744.
of the Revised Code for a school district, | 1981 |
|
member, or employee. | 1982 |
| (13) All school districts shall comply with the | 2009 |
|
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et | 2010 |
|
seq., for the education of homeless children. Each city, local, | 2011 |
|
and exempted village school district shall comply with the | 2012 |
|
requirements of that act governing the provision of a free, | 2013 |
|
appropriate public education, including public preschool, to each | 2014 |
|
homeless child. | 2015 |
| (a) That person has been appointed, through a military power | 2030 |
| of attorney executed under section 574(a) of the "National Defense | 2031 |
| Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10 | 2032 |
| U.S.C. 1044b, or through a comparable document necessary to | 2033 |
| complete a family care plan, as the parent's agent for the care, | 2034 |
| custody, and control of the child while the parent is on active | 2035 |
| duty as a member of the national guard or a reserve unit of the | 2036 |
| armed forces of the United States or because the parent is a | 2037 |
| member of the armed forces of the United States and is on a duty | 2038 |
| assignment away from the parent's residence. | 2039 |
| (I)(1) Notwithstanding anything to the contrary in this | 2059 |
| section or section 3313.65 of the Revised Code, a child under | 2060 |
| twenty-two years of age may attend school in the school district | 2061 |
| in which the child, at the end of the first full week of October | 2062 |
| of the school year, was entitled to attend school as otherwise | 2063 |
| provided under this section or section 3313.65 of the Revised | 2064 |
| Code, if at that time the child was enrolled in the schools of the | 2065 |
| district but since that time the child or the child's parent has | 2066 |
| relocated to a new address located outside of that school district | 2067 |
| and within the same county as the child's or parent's address | 2068 |
| immediately prior to the relocation. The child may continue to | 2069 |
| attend school in the district, and at the school to which the | 2070 |
| child was assigned at the end of the first full week of October of | 2071 |
| the current school year, for the balance of the school year. | 2072 |
| Division (I)(1) of this section applies only if both of the | 2073 |
| following conditions are satisfied: | 2074 |
| (3) Any person or entity owing tuition to the school district | 2088 |
| on behalf of the child at the end of the first full week in | 2089 |
| October, as provided in division (C) of this section, shall | 2090 |
| continue to owe such tuition to the district for the child's | 2091 |
| attendance under division (I)(1) of this section for the lesser of | 2092 |
| the balance of the school year or the balance of the time that the | 2093 |
| child attends school in the district under division (I)(1) of this | 2094 |
| section. | 2095 |
| (4) A pupil who may attend school in the district under | 2096 |
| division (I)(1) of this section shall be entitled to | 2097 |
| transportation services pursuant to an agreement between the | 2098 |
| district and the district in which the child or child's parent has | 2099 |
| relocated unless the districts have not entered into such | 2100 |
| agreement, in which case the child shall be entitled to | 2101 |
| transportation services in the same manner as a pupil attending | 2102 |
| school in the district under interdistrict open enrollment as | 2103 |
| described in division (H) of section 3313.981 of the Revised Code, | 2104 |
| regardless of whether the district has adopted an open enrollment | 2105 |
| policy as described in division (B)(1)(b) or (c) of section | 2106 |
| 3313.98 of the Revised Code. | 2107 |
| A school district required to pay tuition pursuant to | 2110 |
|
division (C)(2) or (3) of this section or section 3313.65 of the | 2111 |
|
Revised Code shall have an amount deducted under division
(F) of | 2112 |
|
section 3317.023 of the Revised Code equal to its own tuition
rate | 2113 |
|
for the same period of attendance. A school district
entitled to | 2114 |
|
receive tuition pursuant to division (C)(2) or (3) of
this section | 2115 |
|
or section 3313.65 of the Revised Code shall have an
amount | 2116 |
|
credited under division (F) of section 3317.023 of
the
Revised | 2117 |
|
Code equal to its own tuition rate for the same period of | 2118 |
|
attendance. If the tuition rate credited to the district of | 2119 |
|
attendance exceeds the rate deducted from the district required
to | 2120 |
|
pay tuition, the department of education shall pay the
district of | 2121 |
|
attendance the difference from amounts deducted from
all | 2122 |
|
districts' payments under division (F) of section
3317.023 of
the | 2123 |
|
Revised Code but not credited to other school districts under
such | 2124 |
|
division and from appropriations made for such purpose. The | 2125 |
|
treasurer of each school district shall, by the fifteenth day of | 2126 |
|
January and July, furnish the superintendent of public
instruction | 2127 |
|
a report of the names of each child who attended the
district's | 2128 |
|
schools under divisions (C)(2) and (3) of this section
or section | 2129 |
|
3313.65 of the Revised Code during the preceding six
calendar | 2130 |
|
months, the duration of the attendance of those
children, the | 2131 |
|
school district responsible for tuition on behalf
of the child, | 2132 |
|
and any other information that the superintendent
requires. | 2133 |
| (M) In accordance with division (B)(1) of this section, a | 2149 |
| child whose parent is a member of the national guard or a reserve | 2150 |
| unit of the armed forces of the United States and is called to | 2151 |
| active duty, or a child whose parent is a member of the armed | 2152 |
| forces of the United States and is ordered to a temporary duty | 2153 |
| assignment outside of the district, may continue to attend school | 2154 |
| in the district in which the child's parent lived before being | 2155 |
| called to active duty or ordered to a temporary duty assignment | 2156 |
| outside of the district, as long as the child's parent continues | 2157 |
| to be a resident of that district, and regardless of where the | 2158 |
| child lives as a result of the parent's active duty status or | 2159 |
| temporary duty assignment. However, the district is not | 2160 |
| responsible for providing transportation for the child if the | 2161 |
| child lives outside of the district as a result of the parent's | 2162 |
| active duty status or temporary duty assignment. | 2163 |
| Sec. 5103.16. (A) Pursuant to section 5103.18 of the Revised | 2164 |
| Code and except as otherwise provided in this
section, no child | 2165 |
| shall be placed or accepted for placement under
any written or | 2166 |
| oral agreement or understanding that transfers or
surrenders the | 2167 |
| legal rights, powers, or duties of the legal
parent, parents, or | 2168 |
| guardian of the child into the temporary or
permanent custody of | 2169 |
| any association or institution
that is not
certified by the | 2170 |
| department of job and family
services under
section 5103.03 of the | 2171 |
| Revised Code,
without the written consent
of the office in the | 2172 |
department that
oversees the interstate
compact onfor placement | 2173 |
| of children established under
section 5103.20
of the Revised Code | 2174 |
| or the interstate compact on the placement of children established | 2175 |
| under section 5103.23 of the Revised Code, as applicable, or by a | 2176 |
| commitment of a
juvenile court, or by
a commitment of a probate | 2177 |
| court as provided in this
section. A
child may be placed | 2178 |
| temporarily without
written consent or court
commitment with | 2179 |
| persons related by blood
or marriage or in a
legally licensed | 2180 |
| boarding home. | 2181 |
| (B)(1) Associations and institutions certified under
section | 2182 |
|
5103.03 of the Revised Code for the purpose of placing children in | 2183 |
|
free foster homes or for legal
adoption shall keep a record of the | 2184 |
|
temporary and permanent
surrenders of children. This record shall | 2185 |
|
be available for
separate statistics, which shall include a copy | 2186 |
|
of an official
birth record and all information concerning the | 2187 |
|
social, mental,
and medical history of the children that will aid | 2188 |
|
in an
intelligent disposition of the children in case that becomes | 2189 |
|
necessary because the parents or guardians fail or are unable to | 2190 |
|
reassume custody. | 2191 |
| (C) Any agreement or understanding to transfer or
surrender | 2199 |
|
the legal rights, powers, or duties of the legal parent
or parents | 2200 |
|
and place a child with a person seeking to adopt the
child under | 2201 |
|
this section shall be construed to contain a promise
by the person | 2202 |
|
seeking to adopt the child to pay the expenses
listed in divisions | 2203 |
|
(C)(1), (2), and (4) of section 3107.055 of
the Revised Code and, | 2204 |
|
if the person seeking to adopt the child
refuses to accept | 2205 |
|
placement of the child, to pay the temporary
costs of routine | 2206 |
|
maintenance and medical care for the child in a
hospital, foster | 2207 |
|
home, or other appropriate place for up to
thirty days or until | 2208 |
|
other custody is established for the child,
as provided by law, | 2209 |
|
whichever is less. | 2210 |
| (D) No child shall be placed or received for adoption or
with | 2211 |
| intent to adopt unless placement is made by a public children | 2212 |
|
services
agency, an institution or
association that is certified | 2213 |
|
by the department of
job and family services under section 5103.03 | 2214 |
|
of the
Revised Code to place children for
adoption, or custodians | 2215 |
|
in another state or foreign country, or unless all of
the | 2216 |
|
following criteria are met: | 2217 |
| (1) Prior to the placement and receiving of the child, the | 2218 |
|
parent or parents of the child personally have applied to, and | 2219 |
|
appeared before, the probate court of the county in which the | 2220 |
|
parent or parents reside, or in which the person seeking to adopt | 2221 |
|
the child resides, for approval of the proposed placement | 2222 |
|
specified in the application and have signed and filed with the | 2223 |
|
court a written statement showing that the parent or parents are | 2224 |
|
aware of their right to contest the decree of adoption subject to | 2225 |
|
the limitations of section 3107.16 of the Revised Code; | 2226 |
| In determining whether a custodian has authority to place | 2233 |
|
children for adoption under the laws of a foreign country, the | 2234 |
|
probate court shall determine whether the child has been released | 2235 |
|
for adoption pursuant to the laws of the country in which the | 2236 |
|
child resides, and if the release is in a form that satisfies the | 2237 |
|
requirements of the immigration and naturalization service of the | 2238 |
|
United States department of justice for purposes of immigration
to | 2239 |
|
this country pursuant to section 101(b)(1)(F) of the
"Immigration | 2240 |
|
and Nationality Act," 75 Stat. 650 (1961), 8 U.S.C.
1101 | 2241 |
|
(b)(1)(F), as amended or reenacted. | 2242 |
| If the parent or parents of the child are deceased or have | 2243 |
|
abandoned the child, as determined under division (A) of section | 2244 |
|
3107.07 of the Revised Code, the application for approval of the | 2245 |
|
proposed adoptive placement may be brought by the relative
seeking | 2246 |
|
to adopt the child, or by the department, board, or
organization | 2247 |
|
not otherwise having legal authority to place the
orphaned or | 2248 |
|
abandoned child for adoption, but having legal
custody of the | 2249 |
|
orphaned or abandoned child, in the probate court
of the county in | 2250 |
|
which the child is a resident, or in which the
department, board, | 2251 |
|
or organization is located, or where the
person or persons with | 2252 |
|
whom the child is to be placed reside.
Unless the parent, parents, | 2253 |
|
or guardian of the person of the
child personally have appeared | 2254 |
|
before the court and applied for
approval of the placement, notice | 2255 |
|
of the hearing on the
application shall be served on the parent, | 2256 |
|
parents, or guardian. | 2257 |
| The consent to placement, surrender, or adoption executed
by | 2258 |
|
a minor parent before a judge of the probate court or an | 2259 |
|
authorized deputy or referee of the court, whether executed
within | 2260 |
|
or outside the confines of the court, is as valid as
though | 2261 |
|
executed by an adult. A consent given as above before an
employee | 2262 |
|
of a children services agency that is licensed as
provided by law, | 2263 |
|
is equally effective, if the consent also is
accompanied by an | 2264 |
|
affidavit executed by the witnessing employee
or employees to the | 2265 |
|
effect that the legal rights of the parents
have been fully | 2266 |
|
explained to the parents, prior to the execution
of any consent, | 2267 |
|
and that the action was done after the birth of
the child. | 2268 |
| (B) "Sending agency" means a party state, officer or
employee | 2302 |
| thereof; a subdivision of a party state, or officer or
employee | 2303 |
| thereof; a court of a party state; a person,
corporation, | 2304 |
| association, charitable agency, or other entity
which sends, | 2305 |
| brings, or causes to be sent or brought any child to
another party | 2306 |
| state. | 2307 |
| (C) Any public officer or agency in a receiving state
which | 2341 |
| is in receipt of a notice pursuant to division (B) of this
article | 2342 |
| may request of the sending agency, or any other
appropriate | 2343 |
| officer or agency of or in the sending agency's
state, and shall | 2344 |
| be entitled to receive therefrom, such
supporting or additional | 2345 |
| information as it may deem necessary
under the circumstances to | 2346 |
| carry out the purpose and policy of
this compact. | 2347 |
| The sending, bringing, or causing to be sent or brought
into | 2354 |
| any receiving state of a child in violation of the terms of
this | 2355 |
| compact shall constitute a violation of the laws respecting
the | 2356 |
| placement of children of both the state in which the sending | 2357 |
|
agency is located or from which it sends or brings the child and | 2358 |
|
of the receiving state. Such violation may be punished or | 2359 |
|
subjected to penalty in either jurisdiction in accordance with
its | 2360 |
| laws. In addition to liability for any such punishment or
penalty, | 2361 |
| any such violation shall constitute full and sufficient
grounds | 2362 |
| for the suspension or revocation of any license, permit,
or other | 2363 |
| legal authorization held by the sending agency which
empowers or | 2364 |
| allows it to place, or care for children. | 2365 |
| (A) The sending agency shall retain jurisdiction over the | 2367 |
|
child sufficient to determine all matters in relation to the | 2368 |
|
custody, supervision, care, treatment and dispostion of the child | 2369 |
|
which it would have had if the child had remained in the sending | 2370 |
|
agency's state, until the child is adopted, reaches majority, | 2371 |
|
becomes self-supporting or is discharged with the concurrence of | 2372 |
|
the appropriate authority in the receiving state. Such | 2373 |
|
jurisdiction shall also include the power to effect or cause the | 2374 |
|
return of the child or its transfer to another location and | 2375 |
|
custody pursuant to law. The sending agency shall continue to
have | 2376 |
| financial responsibility for support and maintenance of the
child | 2377 |
| during the period of the placement. Nothing contained
herein shall | 2378 |
| defeat a claim of jurisdiction by a receiving state
sufficient to | 2379 |
| deal with an act of delinquency or crime committed
therein. | 2380 |
| (C) Nothing in this compact shall be construed to prevent
a | 2386 |
| private charitable agency authorized to place children in the | 2387 |
|
receiving state from performing services or acting as agent in | 2388 |
|
that state for a private charitable agency of the sending state; | 2389 |
|
nor to prevent the agency in the receiving state from discharging | 2390 |
|
financial responsibility for the support and maintenance of a | 2391 |
|
child who has been placed on behalf of the sending agency without | 2392 |
|
relieving the responsibility set forth in paragraph (A) hereof. | 2393 |
| This compact shall be open to joinder by any state,
territory | 2424 |
| or possession of the United States, the District of
Columbia, the | 2425 |
| Commonwealth of Puerto Rico, and, with the consent
of congress, | 2426 |
| the government of Canada, or any province thereof.
It shall become | 2427 |
| effective with respect to any such jurisdiction
when such | 2428 |
| jurisdiction has enacted the same into law. Withdrawal
from this | 2429 |
| compact shall be by the enactment of a statute
repealing the same, | 2430 |
| but shall not take effect until two years
after the effective date | 2431 |
| of such statute and until written notice
of the withdrawal has | 2432 |
| been given by the withdrawing state to the
governor of each other | 2433 |
| party jurisdiction. Withdrawal of a party
state shall not affect | 2434 |
| the rights, duties and obligations under
this compact of any | 2435 |
| sending agency therein with respect to a
placement made prior to | 2436 |
| the effective date of withdrawal. | 2437 |
| The provisions of this compact shall be liberally construed | 2439 |
|
to effectuate the purposes thereof. The provisions of this
compact | 2440 |
| shall be severable and if any phrase, clause, sentence or | 2441 |
|
provision of this compact is declared to be contrary to the | 2442 |
|
constitution of any party state or of the United States or the | 2443 |
|
applicability thereof to any government, agency, person, or | 2444 |
|
circumstance is held invalid, the validity of the remainder of | 2445 |
|
this compact and the applicability thereof to any government, | 2446 |
|
agency, person or circumstance shall not be affected thereby. If | 2447 |
|
this compact shall be held contrary to the constitution of any | 2448 |
|
state party thereto, the compact shall remain in full force and | 2449 |
|
effect as to the state affected as to all severable matters. | 2450 |
| Sec. 5103.231. Financial responsibility for any child placed | 2451 |
| pursuant to the
provisions of the interstate compact on the | 2452 |
| placement of children shall be
determined in accordance with the | 2453 |
| provisions of Article V of section 5103.23
of
the Revised Code. | 2454 |
| However, in the event of parental or complete default of | 2455 |
|
performance thereunder, the provisions of laws fixing | 2456 |
| responsibility for the
support of children also may be invoked. | 2457 |
| Sec. 5103.234. The officers and agencies of this state and | 2467 |
| its subdivisions
having authority to place children are hereby | 2468 |
| empowered to enter into
agreements with appropriate officers or | 2469 |
| agencies of or in other party states
pursuant to paragraph (B) of | 2470 |
| Article V of the interstate compact on the
placement of children. | 2471 |
| Any such agreement which contains a financial
commitment or | 2472 |
| imposes a financial obligation on this state is subject to the | 2473 |
|
approval of the director of budget and management. Any such | 2474 |
| agreement which
contains a financial commitment or imposes a | 2475 |
| financial obligation on any
subdivision of this state shall not be | 2476 |
| binding unless it has the approval in
writing of the chief local | 2477 |
| fiscal officer. | 2478 |
| Sec. 5103.235. Any requirements for visitation, inspection, | 2479 |
| or supervision of
children, homes, institutions, or other agencies | 2480 |
| in another party state which
may apply under Chapter 5103. of the | 2481 |
| Revised Code shall be deemed to be met if
performed pursuant to an | 2482 |
| agreement entered into by appropriate officers or
agencies of this | 2483 |
| state or a subdivision thereof as contemplated by paragraph
(B) of | 2484 |
| Article V of the interstate compact on the placement of children. | 2485 |
| Section 11. Sections 5103.23 to 5103.238 and the amendments | 2501 |
| to sections 2151.23, 2151.39, 3313.64, and 5103.16 of the Revised | 2502 |
| Code shall continue in effect until the Interstate Compact for the | 2503 |
| Placement of Children contained in sections 5103.20 to 5103.22 of | 2504 |
| the Revised Code becomes effective as described in Article XIV of | 2505 |
| that Compact, at which time sections 5103.23 to 5103.238 and the | 2506 |
| amendments made by this act to sections 2151.23, 2151.39, 3313.64, | 2507 |
| and 5103.16 of the Revised Code no longer apply. | 2508 |
| Section 13. Section 149.43 of the Revised Code is presented | 2514 |
| in Section 3 of
this act as a composite of the section as amended | 2515 |
| by both Sub. H.B. 9 and Sub. H.B. 141 of
the 126th General | 2516 |
| Assembly. Section 3313.64 of the Revised Code is presented in
this | 2517 |
| act as a composite of the section as amended by Am. Sub. H.B. 137, | 2518 |
| Am. Sub. H.B. 530, Sub. S.B. 164, and Am. Sub. S.B. 238 of
the | 2519 |
| 126th General Assembly. The General Assembly, applying the | 2520 |
|
principle stated in division (B) of section 1.52 of the Revised | 2521 |
|
Code that amendments are to be harmonized if reasonably capable of | 2522 |
|
simultaneous operation, finds that the composites are the | 2523 |
| resulting
versions of the sections in effect prior to the | 2524 |
| effective date of
the sections as presented in this act. | 2525 |