As Passed by the Senate

127th General Assembly Regular Session 2007-2008

Am. Sub. H. B. No. 214

Representatives Wagner, Combs 

Cosponsors: Representatives Seitz, McGregor, J., Stebelton, Brown, Aslanides, Batchelder, Blessing, Collier, Flowers, Goodwin, Hagan, J., Letson, Raussen, Wachtmann 

Senators Seitz, Austria, Buehrer, Carey, Cates, Fedor, Harris, Kearney, Miller, D., Miller, R., Mumper, Niehaus, Roberts, Sawyer, Schaffer, Schuler, Smith, Spada, Wagoner, Wilson, Cafaro, Faber, Boccieri 

---

A BILL

To amend sections 149.43, 2151.152, 2151.23, 2151.39,

1

3313.64, 5101.29, 5103.031, 5103.032, 5103.035,

2

5103.0312, 5103.0313, 5103.16, 5103.391, 5126.04,

3

5153.122, and 5153.123 and to enact sections

4

5103.23, 5103.231, 5103.232, 5103.233, 5103.234,

5

5103.235, 5103.236, and 5103.237 of the Revised

6

Code relative to training for foster caregivers,

7

the public record status of identifying

8

information of current and prospective foster

9

caregivers, petitioning Congress for expanded

10

usage of Title IV-E funding, the Interstate

11

Compact on the Placement of Children, and the

12

coordination of the provision of services for

13

foster children with mental retardation or

14

developmental disabilities.

15

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

Section 1. That sections 149.43, 2151.152, 5101.29, 5103.031,	16
5103.032, 5103.035, 5103.0312, 5103.0313, 5103.391, 5126.04,	17
5153.122, and 5153.123 of the Revised Code be amended to read as	18
follows:	19

Sec. 149.43.  (A) As used in this section:

20

(1) "Public record" means records kept by any public office,	21
including, but not limited to, state, county, city, village,	22
township, and school district units, and records pertaining to the	23
delivery of educational services by an alternative school in this	24
state kept by the nonprofit or for-profit entity operating the	25
alternative school pursuant to section 3313.533 of the Revised	26
Code. "Public record" does not mean any of the following:	27

(a) Medical records;

28

(b) Records pertaining to probation and parole proceedings or	29
to proceedings related to the imposition of community control	30
sanctions and post-release control sanctions;	31

(c) Records pertaining to actions under section 2151.85 and	32
division (C) of section 2919.121 of the Revised Code and to	33
appeals of actions arising under those sections;	34

(d) Records pertaining to adoption proceedings, including the	35
contents of an adoption file maintained by the department of	36
health under section 3705.12 of the Revised Code;	37

(e) Information in a record contained in the putative father	38
registry established by section 3107.062 of the Revised Code,	39
regardless of whether the information is held by the department of	40
job and family services or, pursuant to section 3111.69 of the	41
Revised Code, the office of child support in the department or a	42
child support enforcement agency;	43

(f) Records listed in division (A) of section 3107.42 of the	44
Revised Code or specified in division (A) of section 3107.52 of	45
the Revised Code;	46

(g) Trial preparation records;

47

(h) Confidential law enforcement investigatory records;

48

(i) Records containing information that is confidential under	49
section 2710.03 or 4112.05 of the Revised Code;	50

(j) DNA records stored in the DNA database pursuant to	51
section 109.573 of the Revised Code;	52

(k) Inmate records released by the department of	53
rehabilitation and correction to the department of youth services	54
or a court of record pursuant to division (E) of section 5120.21	55
of the Revised Code;	56

(l) Records maintained by the department of youth services	57
pertaining to children in its custody released by the department	58
of youth services to the department of rehabilitation and	59
correction pursuant to section 5139.05 of the Revised Code;	60

(m) Intellectual property records;

61

(n) Donor profile records;

62

(o) Records maintained by the department of job and family	63
services pursuant to section 3121.894 of the Revised Code;	64

(p) Peace officer, parole officer, prosecuting attorney,	65
assistant prosecuting attorney, correctional employee, youth	66
services employee, firefighter, or EMT residential and familial	67
information;	68

(q) In the case of a county hospital operated pursuant to	69
Chapter 339. of the Revised Code or a municipal hospital operated	70
pursuant to Chapter 749. of the Revised Code, information that	71
constitutes a trade secret, as defined in section 1333.61 of the	72
Revised Code;	73

(r) Information pertaining to the recreational activities of	74
a person under the age of eighteen;	75

(s) Records provided to, statements made by review board	76
members during meetings of, and all work products of a child	77
fatality review board acting under sections 307.621 to 307.629 of	78
the Revised Code, other than the report prepared pursuant to	79
section 307.626 of the Revised Code;	80

(t) Records provided to and statements made by the executive	81
director of a public children services agency or a prosecuting	82
attorney acting pursuant to section 5153.171 of the Revised Code	83
other than the information released under that section;	84

(u) Test materials, examinations, or evaluation tools used in	85
an examination for licensure as a nursing home administrator that	86
the board of examiners of nursing home administrators administers	87
under section 4751.04 of the Revised Code or contracts under that	88
section with a private or government entity to administer;	89

(v) Records the release of which is prohibited by state or	90
federal law;	91

(w) Proprietary information of or relating to any person that	92
is submitted to or compiled by the Ohio venture capital authority	93
created under section 150.01 of the Revised Code;	94

(x) Information reported and evaluations conducted pursuant	95
to section 3701.072 of the Revised Code;	96

(y) Financial statements and data any person submits for any	97
purpose to the Ohio housing finance agency or the controlling	98
board in connection with applying for, receiving, or accounting	99
for financial assistance from the agency, and information that	100
identifies any individual who benefits directly or indirectly from	101
financial assistance from the agency;	102

(z) Records listed in section 5101.29 of the Revised Code.

103

(2) "Confidential law enforcement investigatory record" means	104
any record that pertains to a law enforcement matter of a	105
criminal, quasi-criminal, civil, or administrative nature, but	106
only to the extent that the release of the record would create a	107
high probability of disclosure of any of the following:	108

(a) The identity of a suspect who has not been charged with	109
the offense to which the record pertains, or of an information	110
source or witness to whom confidentiality has been reasonably	111
promised;	112

(b) Information provided by an information source or witness	113
to whom confidentiality has been reasonably promised, which	114
information would reasonably tend to disclose the source's or	115
witness's identity;	116

(c) Specific confidential investigatory techniques or	117
procedures or specific investigatory work product;	118

(d) Information that would endanger the life or physical	119
safety of law enforcement personnel, a crime victim, a witness, or	120
a confidential information source.	121

(3) "Medical record" means any document or combination of	122
documents, except births, deaths, and the fact of admission to or	123
discharge from a hospital, that pertains to the medical history,	124
diagnosis, prognosis, or medical condition of a patient and that	125
is generated and maintained in the process of medical treatment.	126

(4) "Trial preparation record" means any record that contains	127
information that is specifically compiled in reasonable	128
anticipation of, or in defense of, a civil or criminal action or	129
proceeding, including the independent thought processes and	130
personal trial preparation of an attorney.	131

(5) "Intellectual property record" means a record, other than	132
a financial or administrative record, that is produced or	133
collected by or for faculty or staff of a state institution of	134
higher learning in the conduct of or as a result of study or	135
research on an educational, commercial, scientific, artistic,	136
technical, or scholarly issue, regardless of whether the study or	137
research was sponsored by the institution alone or in conjunction	138
with a governmental body or private concern, and that has not been	139
publicly released, published, or patented.	140

(6) "Donor profile record" means all records about donors or	141
potential donors to a public institution of higher education	142
except the names and reported addresses of the actual donors and	143
the date, amount, and conditions of the actual donation.	144

(7) "Peace officer, parole officer, prosecuting attorney,	145
assistant prosecuting attorney, correctional employee, youth	146
services employee, firefighter, or EMT residential and familial	147
information" means any information that discloses any of the	148
following about a peace officer, parole officer, prosecuting	149
attorney, assistant prosecuting attorney, correctional employee,	150
youth services employee, firefighter, or EMT:	151

(a) The address of the actual personal residence of a peace	152
officer, parole officer, assistant prosecuting attorney,	153
correctional employee, youth services employee, firefighter, or	154
EMT, except for the state or political subdivision in which the	155
peace officer, parole officer, assistant prosecuting attorney,	156
correctional employee, youth services employee, firefighter, or	157
EMT resides;	158

(b) Information compiled from referral to or participation in	159
an employee assistance program;	160

(c) The social security number, the residential telephone	161
number, any bank account, debit card, charge card, or credit card	162
number, or the emergency telephone number of, or any medical	163
information pertaining to, a peace officer, parole officer,	164
prosecuting attorney, assistant prosecuting attorney, correctional	165
employee, youth services employee, firefighter, or EMT;	166

(d) The name of any beneficiary of employment benefits,	167
including, but not limited to, life insurance benefits, provided	168
to a peace officer, parole officer, prosecuting attorney,	169
assistant prosecuting attorney, correctional employee, youth	170
services employee, firefighter, or EMT by the peace officer's,	171
parole officer's, prosecuting attorney's, assistant prosecuting	172
attorney's, correctional employee's, youth services employee's,	173
firefighter's, or EMT's employer;	174

(e) The identity and amount of any charitable or employment	175
benefit deduction made by the peace officer's, parole officer's,	176
prosecuting attorney's, assistant prosecuting attorney's,	177
correctional employee's, youth services employee's, firefighter's,	178
or EMT's employer from the peace officer's, parole officer's,	179
prosecuting attorney's, assistant prosecuting attorney's,	180
correctional employee's, youth services employee's, firefighter's,	181
or EMT's compensation unless the amount of the deduction is	182
required by state or federal law;	183

(f) The name, the residential address, the name of the	184
employer, the address of the employer, the social security number,	185
the residential telephone number, any bank account, debit card,	186
charge card, or credit card number, or the emergency telephone	187
number of the spouse, a former spouse, or any child of a peace	188
officer, parole officer, prosecuting attorney, assistant	189
prosecuting attorney, correctional employee, youth services	190
employee, firefighter, or EMT;	191

(g) A photograph of a peace officer who holds a position or	192
has an assignment that may include undercover or plain clothes	193
positions or assignments as determined by the peace officer's	194
appointing authority.	195

As used in divisions (A)(7) and (B)(9) of this section,	196
"peace officer" has the same meaning as in section 109.71 of the	197
Revised Code and also includes the superintendent and troopers of	198
the state highway patrol; it does not include the sheriff of a	199
county or a supervisory employee who, in the absence of the	200
sheriff, is authorized to stand in for, exercise the authority of,	201
and perform the duties of the sheriff.	202

As used in divisions (A)(7) and (B)(5) of this section,	203
"correctional employee" means any employee of the department of	204
rehabilitation and correction who in the course of performing the	205
employee's job duties has or has had contact with inmates and	206
persons under supervision.	207

As used in divisions (A)(7) and (B)(5) of this section,	208
"youth services employee" means any employee of the department of	209
youth services who in the course of performing the employee's job	210
duties has or has had contact with children committed to the	211
custody of the department of youth services.	212

As used in divisions (A)(7) and (B)(9) of this section,	213
"firefighter" means any regular, paid or volunteer, member of a	214
lawfully constituted fire department of a municipal corporation,	215
township, fire district, or village.	216

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	217
means EMTs-basic, EMTs-I, and paramedics that provide emergency	218
medical services for a public emergency medical service	219
organization. "Emergency medical service organization,"	220
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	221
section 4765.01 of the Revised Code.	222

(8) "Information pertaining to the recreational activities of	223
a person under the age of eighteen" means information that is kept	224
in the ordinary course of business by a public office, that	225
pertains to the recreational activities of a person under the age	226
of eighteen years, and that discloses any of the following:	227

(a) The address or telephone number of a person under the age	228
of eighteen or the address or telephone number of that person's	229
parent, guardian, custodian, or emergency contact person;	230

(b) The social security number, birth date, or photographic	231
image of a person under the age of eighteen;	232

(c) Any medical record, history, or information pertaining to	233
a person under the age of eighteen;	234

(d) Any additional information sought or required about a	235
person under the age of eighteen for the purpose of allowing that	236
person to participate in any recreational activity conducted or	237
sponsored by a public office or to use or obtain admission	238
privileges to any recreational facility owned or operated by a	239
public office.	240

(9) "Community control sanction" has the same meaning as in	241
section 2929.01 of the Revised Code.	242

(10) "Post-release control sanction" has the same meaning as	243
in section 2967.01 of the Revised Code.	244

(11) "Redaction" means obscuring or deleting any information	245
that is exempt from the duty to permit public inspection or	246
copying from an item that otherwise meets the definition of a	247
"record" in section 149.011 of the Revised Code.	248

(12) "Designee" and "elected official" have the same meanings	249
as in section 109.43 of the Revised Code.	250

(B)(1) Upon request and subject to division (B)(8) of this	251
section, all public records responsive to the request shall be	252
promptly prepared and made available for inspection to any person	253
at all reasonable times during regular business hours. Subject to	254
division (B)(8) of this section, upon request, a public office or	255
person responsible for public records shall make copies of the	256
requested public record available at cost and within a reasonable	257
period of time. If a public record contains information that is	258
exempt from the duty to permit public inspection or to copy the	259
public record, the public office or the person responsible for the	260
public record shall make available all of the information within	261
the public record that is not exempt. When making that public	262
record available for public inspection or copying that public	263
record, the public office or the person responsible for the public	264
record shall notify the requester of any redaction or make the	265
redaction plainly visible. A redaction shall be deemed a denial of	266
a request to inspect or copy the redacted information, except if	267
federal or state law authorizes or requires a public office to	268
make the redaction.	269

(2) To facilitate broader access to public records, a public	270
office or the person responsible for public records shall organize	271
and maintain public records in a manner that they can be made	272
available for inspection or copying in accordance with division	273
(B) of this section. A public office also shall have available a	274
copy of its current records retention schedule at a location	275
readily available to the public. If a requester makes an ambiguous	276
or overly broad request or has difficulty in making a request for	277
copies or inspection of public records under this section such	278
that the public office or the person responsible for the requested	279
public record cannot reasonably identify what public records are	280
being requested, the public office or the person responsible for	281
the requested public record may deny the request but shall provide	282
the requester with an opportunity to revise the request by	283
informing the requester of the manner in which records are	284
maintained by the public office and accessed in the ordinary	285
course of the public office's or person's duties.	286

(3) If a request is ultimately denied, in part or in whole,	287
the public office or the person responsible for the requested	288
public record shall provide the requester with an explanation,	289
including legal authority, setting forth why the request was	290
denied. If the initial request was provided in writing, the	291
explanation also shall be provided to the requester in writing.	292
The explanation shall not preclude the public office or the person	293
responsible for the requested public record from relying upon	294
additional reasons or legal authority in defending an action	295
commenced under division (C) of this section.	296

(4) Unless specifically required or authorized by state or	297
federal law or in accordance with division (B) of this section, no	298
public office or person responsible for public records may limit	299
or condition the availability of public records by requiring	300
disclosure of the requester's identity or the intended use of the	301
requested public record. Any requirement that the requester	302
disclose the requestor's identity or the intended use of the	303
requested public record constitutes a denial of the request.	304

(5) A public office or person responsible for public records	305
may ask a requester to make the request in writing, may ask for	306
the requester's identity, and may inquire about the intended use	307
of the information requested, but may do so only after disclosing	308
to the requester that a written request is not mandatory and that	309
the requester may decline to reveal the requester's identity or	310
the intended use and when a written request or disclosure of the	311
identity or intended use would benefit the requester by enhancing	312
the ability of the public office or person responsible for public	313
records to identify, locate, or deliver the public records sought	314
by the requester.	315

(6) If any person chooses to obtain a copy of a public record	316
in accordance with division (B) of this section, the public office	317
or person responsible for the public record may require that	318
person to pay in advance the cost involved in providing the copy	319
of the public record in accordance with the choice made by the	320
person seeking the copy under this division. The public office or	321
the person responsible for the public record shall permit that	322
person to choose to have the public record duplicated upon paper,	323
upon the same medium upon which the public office or person	324
responsible for the public record keeps it, or upon any other	325
medium upon which the public office or person responsible for the	326
public record determines that it reasonably can be duplicated as	327
an integral part of the normal operations of the public office or	328
person responsible for the public record. When the person seeking	329
the copy makes a choice under this division, the public office or	330
person responsible for the public record shall provide a copy of	331
it in accordance with the choice made by the person seeking the	332
copy. Nothing in this section requires a public office or person	333
responsible for the public record to allow the person seeking a	334
copy of the public record to make the copies of the public record.	335

(7) Upon a request made in accordance with division (B) of	336
this section and subject to division (B)(6) of this section, a	337
public office or person responsible for public records shall	338
transmit a copy of a public record to any person by United States	339
mail or by any other means of delivery or transmission within a	340
reasonable period of time after receiving the request for the	341
copy. The public office or person responsible for the public	342
record may require the person making the request to pay in advance	343
the cost of postage if the copy is transmitted by United States	344
mail or the cost of delivery if the copy is transmitted other than	345
by United States mail, and to pay in advance the costs incurred	346
for other supplies used in the mailing, delivery, or transmission.	347

Any public office may adopt a policy and procedures that it	348
will follow in transmitting, within a reasonable period of time	349
after receiving a request, copies of public records by United	350
States mail or by any other means of delivery or transmission	351
pursuant to this division. A public office that adopts a policy	352
and procedures under this division shall comply with them in	353
performing its duties under this division.	354

In any policy and procedures adopted under this division, a	355
public office may limit the number of records requested by a	356
person that the office will transmit by United States mail to ten	357
per month, unless the person certifies to the office in writing	358
that the person does not intend to use or forward the requested	359
records, or the information contained in them, for commercial	360
purposes. For purposes of this division, "commercial" shall be	361
narrowly construed and does not include reporting or gathering	362
news, reporting or gathering information to assist citizen	363
oversight or understanding of the operation or activities of	364
government, or nonprofit educational research.	365

(8) A public office or person responsible for public records	366
is not required to permit a person who is incarcerated pursuant to	367
a criminal conviction or a juvenile adjudication to inspect or to	368
obtain a copy of any public record concerning a criminal	369
investigation or prosecution or concerning what would be a	370
criminal investigation or prosecution if the subject of the	371
investigation or prosecution were an adult, unless the request to	372
inspect or to obtain a copy of the record is for the purpose of	373
acquiring information that is subject to release as a public	374
record under this section and the judge who imposed the sentence	375
or made the adjudication with respect to the person, or the	376
judge's successor in office, finds that the information sought in	377
the public record is necessary to support what appears to be a	378
justiciable claim of the person.	379

(9) Upon written request made and signed by a journalist on	380
or after December 16, 1999, a public office, or person responsible	381
for public records, having custody of the records of the agency	382
employing a specified peace officer, parole officer, prosecuting	383
attorney, assistant prosecuting attorney, correctional employee,	384
youth services employee, firefighter, or EMT shall disclose to the	385
journalist the address of the actual personal residence of the	386
peace officer, parole officer, prosecuting attorney, assistant	387
prosecuting attorney, correctional employee, youth services	388
employee, firefighter, or EMT and, if the peace officer's, parole	389
officer's, prosecuting attorney's, assistant prosecuting	390
attorney's, correctional employee's, youth services employee's,	391
firefighter's, or EMT's spouse, former spouse, or child is	392
employed by a public office, the name and address of the employer	393
of the peace officer's, parole officer's, prosecuting attorney's,	394
assistant prosecuting attorney's, correctional employee's, youth	395
services employee's, firefighter's, or EMT's spouse, former	396
spouse, or child. The request shall include the journalist's name	397
and title and the name and address of the journalist's employer	398
and shall state that disclosure of the information sought would be	399
in the public interest.	400

As used in this division, "journalist" means a person engaged	401
in, connected with, or employed by any news medium, including a	402
newspaper, magazine, press association, news agency, or wire	403
service, a radio or television station, or a similar medium, for	404
the purpose of gathering, processing, transmitting, compiling,	405
editing, or disseminating information for the general public.	406

(C)(1) If a person allegedly is aggrieved by the failure of a	407
public office or the person responsible for public records to	408
promptly prepare a public record and to make it available to the	409
person for inspection in accordance with division (B) of this	410
section or by any other failure of a public office or the person	411
responsible for public records to comply with an obligation in	412
accordance with division (B) of this section, the person allegedly	413
aggrieved may commence a mandamus action to obtain a judgment that	414
orders the public office or the person responsible for the public	415
record to comply with division (B) of this section, that awards	416
court costs and reasonable attorney's fees to the person that	417
instituted the mandamus action, and, if applicable, that includes	418
an order fixing statutory damages under division (C)(1) of this	419
section. The mandamus action may be commenced in the court of	420
common pleas of the county in which division (B) of this section	421
allegedly was not complied with, in the supreme court pursuant to	422
its original jurisdiction under Section 2 of Article IV, Ohio	423
Constitution, or in the court of appeals for the appellate	424
district in which division (B) of this section allegedly was not	425
complied with pursuant to its original jurisdiction under Section	426
3 of Article IV, Ohio Constitution.	427

If a requestor transmits a written request by hand delivery	428
or certified mail to inspect or receive copies of any public	429
record in a manner that fairly describes the public record or	430
class of public records to the public office or person responsible	431
for the requested public records, except as otherwise provided in	432
this section, the requestor shall be entitled to recover the	433
amount of statutory damages set forth in this division if a court	434
determines that the public office or the person responsible for	435
public records failed to comply with an obligation in accordance	436
with division (B) of this section.	437

The amount of statutory damages shall be fixed at one hundred	438
dollars for each business day during which the public office or	439
person responsible for the requested public records failed to	440
comply with an obligation in accordance with division (B) of this	441
section, beginning with the day on which the requester files a	442
mandamus action to recover statutory damages, up to a maximum of	443
one thousand dollars. The award of statutory damages shall not be	444
construed as a penalty, but as compensation for injury arising	445
from lost use of the requested information. The existence of this	446
injury shall be conclusively presumed. The award of statutory	447
damages shall be in addition to all other remedies authorized by	448
this section.	449

The court may reduce an award of statutory damages or not	450
award statutory damages if the court determines both of the	451
following:	452

(a) That, based on the ordinary application of statutory law	453
and case law as it existed at the time of the conduct or	454
threatened conduct of the public office or person responsible for	455
the requested public records that allegedly constitutes a failure	456
to comply with an obligation in accordance with division (B) of	457
this section and that was the basis of the mandamus action, a	458
well-informed public office or person responsible for the	459
requested public records reasonably would believe that the conduct	460
or threatened conduct of the public office or person responsible	461
for the requested public records did not constitute a failure to	462
comply with an obligation in accordance with division (B) of this	463
section;	464

(b) That a well-informed public office or person responsible	465
for the requested public records reasonably would believe that the	466
conduct or threatened conduct of the public office or person	467
responsible for the requested public records would serve the	468
public policy that underlies the authority that is asserted as	469
permitting that conduct or threatened conduct.	470

(2)(a) If the court issues a writ of mandamus that orders the	471
public office or the person responsible for the public record to	472
comply with division (B) of this section and determines that the	473
circumstances described in division (C)(1) of this section exist,	474
the court shall determine and award to the relator all court	475
costs.	476

(b) If the court renders a judgment that orders the public	477
office or the person responsible for the public record to comply	478
with division (B) of this section, the court may award reasonable	479
attorney's fees subject to reduction as described in division	480
(C)(2)(c) of this section. The court shall award reasonable	481
attorney's fees, subject to reduction as described in division	482
(C)(2)(c) of this section when either of the following applies:	483

(i) The public office or the person responsible for the	484
public records failed to respond affirmatively or negatively to	485
the public records request in accordance with the time allowed	486
under division (B) of this section.	487

(ii) The public office or the person responsible for the	488
public records promised to permit the relator to inspect or	489
receive copies of the public records requested within a specified	490
period of time but failed to fulfill that promise within that	491
specified period of time.	492

(c) Court costs and reasonable attorney's fees awarded under	493
this section shall be construed as remedial and not punitive.	494
Reasonable attorney's fees shall include reasonable fees incurred	495
to produce proof of the reasonableness and amount of the fees and	496
to otherwise litigate entitlement to the fees. The court may	497
reduce an award of attorney's fees to the relator or not award	498
attorney's fees to the relator if the court determines both of the	499
following:	500

(i) That, based on the ordinary application of statutory law	501
and case law as it existed at the time of the conduct or	502
threatened conduct of the public office or person responsible for	503
the requested public records that allegedly constitutes a failure	504
to comply with an obligation in accordance with division (B) of	505
this section and that was the basis of the mandamus action, a	506
well-informed public office or person responsible for the	507
requested public records reasonably would believe that the conduct	508
or threatened conduct of the public office or person responsible	509
for the requested public records did not constitute a failure to	510
comply with an obligation in accordance with division (B) of this	511
section;	512

(ii) That a well-informed public office or person responsible	513
for the requested public records reasonably would believe that the	514
conduct or threatened conduct of the public office or person	515
responsible for the requested public records as described in	516
division (C)(2)(c)(i) of this section would serve the public	517
policy that underlies the authority that is asserted as permitting	518
that conduct or threatened conduct.	519

(D) Chapter 1347. of the Revised Code does not limit the	520
provisions of this section.	521

(E)(1) To ensure that all employees of public offices are	522
appropriately educated about a public office's obligations under	523
division (B) of this section, all elected officials or their	524
appropriate designees shall attend training approved by the	525
attorney general as provided in section 109.43 of the Revised	526
Code. In addition, all public offices shall adopt a public records	527
policy in compliance with this section for responding to public	528
records requests. In adopting a public records policy under this	529
division, a public office may obtain guidance from the model	530
public records policy developed and provided to the public office	531
by the attorney general under section 109.43 of the Revised Code.	532
Except as otherwise provided in this section, the policy may not	533
limit the number of public records that the public office will	534
make available to a single person, may not limit the number of	535
public records that it will make available during a fixed period	536
of time, and may not establish a fixed period of time before it	537
will respond to a request for inspection or copying of public	538
records, unless that period is less than eight hours.	539

(2) The public office shall distribute the public records	540
policy adopted by the public office under division (E)(1) of this	541
section to the employee of the public office who is the records	542
custodian or records manager or otherwise has custody of the	543
records of that office. The public office shall require that	544
employee to acknowledge receipt of the copy of the public records	545
policy. The public office shall create a poster that describes its	546
public records policy and shall post the poster in a conspicuous	547
place in the public office and in all locations where the public	548
office has branch offices. The public office may post its public	549
records policy on the internet web site of the public office if	550
the public office maintains an internet web site. A public office	551
that has established a manual or handbook of its general policies	552
and procedures for all employees of the public office shall	553
include the public records policy of the public office in the	554
manual or handbook.	555

(F)(1) The bureau of motor vehicles may adopt rules pursuant	556
to Chapter 119. of the Revised Code to reasonably limit the number	557
of bulk commercial special extraction requests made by a person	558
for the same records or for updated records during a calendar	559
year. The rules may include provisions for charges to be made for	560
bulk commercial special extraction requests for the actual cost of	561
the bureau, plus special extraction costs, plus ten per cent. The	562
bureau may charge for expenses for redacting information, the	563
release of which is prohibited by law.	564

(2) As used in division (F)(1) of this section:

565

(a) "Actual cost" means the cost of depleted supplies,	566
records storage media costs, actual mailing and alternative	567
delivery costs, or other transmitting costs, and any direct	568
equipment operating and maintenance costs, including actual costs	569
paid to private contractors for copying services.	570

(b) "Bulk commercial special extraction request" means a	571
request for copies of a record for information in a format other	572
than the format already available, or information that cannot be	573
extracted without examination of all items in a records series,	574
class of records, or data base by a person who intends to use or	575
forward the copies for surveys, marketing, solicitation, or resale	576
for commercial purposes. "Bulk commercial special extraction	577
request" does not include a request by a person who gives	578
assurance to the bureau that the person making the request does	579
not intend to use or forward the requested copies for surveys,	580
marketing, solicitation, or resale for commercial purposes.	581

(c) "Commercial" means profit-seeking production, buying, or	582
selling of any good, service, or other product.	583

(d) "Special extraction costs" means the cost of the time	584
spent by the lowest paid employee competent to perform the task,	585
the actual amount paid to outside private contractors employed by	586
the bureau, or the actual cost incurred to create computer	587
programs to make the special extraction. "Special extraction	588
costs" include any charges paid to a public agency for computer or	589
records services.	590

(3) For purposes of divisions (F)(1) and (2) of this section,	591
"surveys, marketing, solicitation, or resale for commercial	592
purposes" shall be narrowly construed and does not include	593
reporting or gathering news, reporting or gathering information to	594
assist citizen oversight or understanding of the operation or	595
activities of government, or nonprofit educational research.	596

Sec. 2151.152.  The juvenile judge may enter into an	597
agreement with the department of job and family services pursuant	598
to section 5101.11 of the Revised Code for the purpose of	599
reimbursing the court for foster care maintenance costs and	600
associated administrative and training costs incurred on behalf of	601
a child eligiblewho is either of the following:	602

(A) Eligible for payments under Title IV-E of the "Social	603
Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 670 (1980), and	604
who is in the temporary or permanent custody of the court or	605
subject to a disposition issued under division (A)(5) of section	606
2151.354 or division (A)(7)(a)(ii) or (A)(8) of section 2152.19 of	607
the Revised Code;	608

(B) Determined to be at serious risk of removal from the home	609
and for whom the court has undertaken a plan of reasonable efforts	610
to prevent such removal. The	611

The agreement shall govern the responsibilities and duties	612
the court shall perform in providing services to the child.	613

Sec. 5101.29.  When contained in a record held by the	614
department of job and family services or a county agency, the	615
following are not public records for purposes of section 149.43 of	616
the Revised Code:	617

(A) Names and other identifying information regarding	618
children enrolled in or attending a child day-care center or home	619
subject to licensure, certification, or registration under Chapter	620
5104. of the Revised Code;	621

(B) Names and other identifying information regarding	622
children placed with an institution or association certified under	623
section 5103.03 of the Revised Code;	624

(C) Names and other identifying information regarding a	625
person who makes an oral or written complaint regarding an	626
institution, association, child day-care center, or home subject	627
to licensure, certification, or registration to the department or	628
other state or county entity responsible for enforcing Chapter	629
5103. or 5104. of the Revised Code;	630

(D)(1) Except as otherwise provided in division (D)(2) of	631
this section, names, documentation, and other identifying	632
information regarding a foster caregiver or a prospective foster	633
caregiver, including the foster caregiver application for	634
certification under section 5103.03 of the Revised Code and the	635
home study conducted pursuant to section 5103.0324 of the Revised	636
Code.	637

(2) Notwithstanding division (D)(1) of this section, the	638
following are public records for the purposes of section 149.43 of	639
the Revised Code, when contained in a record held by the	640
department of job and family services, a county agency, or other	641
governmental entity:	642

(a) All of the following information regarding a currently	643
certified foster caregiver who has had a foster care certificate	644
revoked pursuant to Chapter 5103. of the Revised Code or, after	645
receiving a current or current renewed certificate has been	646
convicted of, pleaded guilty to, or indicted or otherwise charged	647
with any offense described in division (C)(1) of section 2151.86	648
of the Revised Code:	649

(i) The foster caregiver's name, date of birth, and county of	650
residence;	651

(ii) The date of the foster caregiver's certification;

652

(iii) The date of each placement of a foster child into the	653
foster caregiver's home;	654

(iv) If applicable, the date of the removal of a foster child	655
from the foster caregiver's home and the reason for the foster	656
child's removal unless release of such information would be	657
detrimental to the foster child or other children residing in the	658
foster caregiver's home;	659

(v) If applicable, the date of the foster care certificate	660
revocation and all documents related to the revocation unless	661
otherwise not a public record pursuant to section 149.43 of the	662
Revised Code.	663

(b) Nonidentifying foster care statistics including, but not	664
limited to, the number of foster caregivers and foster care	665
certificate revocations.	666

Sec. 5103.031.  Except as provided in section 5103.033 of the	667
Revised Code, the department of job and family services may not	668
issue a certificate under section 5103.03 of the Revised Code to a	669
foster home unless the prospective foster caregiver successfully	670
completes the following amount of preplacement training through a	671
preplacement training program approved by the department of job	672
and family services under section 5103.038 of the Revised Code or	673
preplacement training provided under division (B) of section	674
5103.30 of the Revised Code:	675

(A) If the foster home is a family foster home, at least	676
twenty-fourthirty-six hours;	677

(B) If the foster home is a specialized foster home, at least	678
thirty-six hours.	679

Sec. 5103.032.  (A) Except as provided in divisions (B), (C),	680
and (D), and (E) of this section and in section 5103.033 of the	681
Revised Code and subject to division (B) of this section, the	682
department of job and family services may not renew a foster home	683
certificate under section 5103.03 of the Revised Code unless the	684
foster caregiver successfully completes the following amount of	685
continuing training in accordance with the foster caregiver's	686
needs assessment and continuing training plan developed and	687
implemented under section 5103.035 of the Revised Code:	688

(1) If the foster home is a family foster home, at least	689
forty hours in the preceding two-year period;	690

(2) If the foster home is a specialized foster home, at least	691
sixty hours in the preceding two-year period.	692

The continuing training required by this section shall comply	693
with rules the department adopts pursuant to section 5103.0316 of	694
the Revised Code.	695

(B) A foster caregiver may fulfill up to twenty per cent of	696
the required amount of continuing training described in division	697
(A) of this section by teaching one or more training classes for	698
other foster caregivers or by providing mentorship services to	699
other foster caregivers. The department of job and family services	700
shall adopt rules in accordance with Chapter 119. of the Revised	701
Code as necessary for the qualification of foster caregivers to	702
provide training or mentorship services to other foster	703
caregivers.	704

(C) At the beginning of a foster caregiver's two-year	705
certification period, a public children services agency, private	706
child placing agency, or private noncustodial agency acting as a	707
recommending agency for a foster caregiver holding a certificate	708
issued under section 5103.03 of the Revised Code for a family	709
foster home or specialized foster home may waive up to eight hours	710
of continuing training the foster caregiver is otherwise required	711
by division (A) of this section to complete in that two-year	712
certification period if all of the following apply:	713

(1) The foster caregiver has held a certificate issued under	714
section 5103.03 of the Revised Code for a family foster home or	715
specialized foster home for at least two years;	716

(2) The foster caregiver has provided foster care for at	717
least ninety days of the twelve months preceding the date the	718
agency issues the waiver;	719

(3) The foster caregiver has not violated any requirements	720
governing certification of foster homes during the twelve months	721
preceding the date the agency issues the waiver;	722

(4) The foster caregiver has complied in full with the needs	723
assessment and continuing training plan developed for the foster	724
caregiver under section 5103.035 of the Revised Code for the	725
preceding certification period.	726

(C)(D) Each recommending agency shall establish and implement	727
a policy regarding good cause for a foster caregiver's failure to	728
complete the continuing training in accordance with division (A)	729
of this section. If the foster caregiver complies with the policy,	730
as determined by the agency, the department may renew the foster	731
caregiver's foster home certificate. The agency shall submit the	732
policy to the department and provide a copy to each foster home	733
the agency recommends for certification or renewal. The policy	734
shall include the following:	735

(1) What constitutes good cause, including documented	736
illness, critical emergencies, and lack of accessible training	737
programs;	738

(2) Procedures for developing a scheduled corrective action	739
plan that provides for prompt completion of the continuing	740
training;	741

(3) Procedures for recommending revocation of the foster home	742
certificate if the foster caregiver fails to comply with the	743
corrective action plan.	744

(D)(E) A foster caregiver shall be given an additional amount	745
of time within which the foster caregiver must complete the	746
continuing training required under division (A) of this section in	747
accordance with rules adopted by the department of job and family	748
services if either of the following applies:	749

(1) The foster caregiver has served in active duty outside	750
this state with a branch of the armed forces of the United States	751
for more than thirty days in the preceding two-year period.	752

(2) The foster caregiver has served in active duty as a	753
member of the Ohio organized militia, as defined in section	754
5923.01 of the Revised Code, for more than thirty days in the	755
preceding two-year period and that active duty relates to either	756
an emergency in or outside of this state or to military duty in or	757
outside of this state.	758

Sec. 5103.035.  A public children services agency, private	759
child placing agency, or private noncustodial agency acting as a	760
recommending agency for a foster caregiver shall develop and	761
implement a written needs assessment and continuing training plan	762
for the foster caregiver. Each needs assessment and continuing	763
training plan shall satisfy all of the following requirements:	764

(A) Be effective for the two-year period the foster	765
caregiver's certificate is in effect;	766

(B) Be appropriate for the type of foster home the foster	767
caregiver operates;	768

(C) Require the foster caregiver to successfully complete the	769
training required by the department in rules adopted pursuant to	770
section 5103.0316 of the Revised Code and any other courses the	771
agency considers appropriate;	772

(D) Include criteria the agency is to use to determine	773
whether the foster caregiver has successfully completed the	774
courses;	775

(E) Guarantee that the courses the foster caregiver is	776
required to complete are available to the foster caregiver at	777
reasonable times and places;	778

(F) Specify the number of hours of continuing training, if	779
any, the foster caregiver may complete by teaching one or more	780
training classes to other foster caregivers or by providing	781
mentoring services to other foster caregivers pursuant to division	782
(B) of section 5103.032 of the Revised Code;	783

(G) Specify the number of hours of continuing training, if	784
any, the agency will waive pursuant to division (B)(C) of section	785
5103.032 of the Revised Code.	786

Sec. 5103.0312.  A public children services agency, private	787
child placing agency, or private noncustodial agency acting as a	788
recommending agency for a foster caregiver shall payreimburse the	789
foster caregiver a stipend to reimburse the foster caregiverin a	790
lump sum for attending a preplacement or continuing training	791
program operated under section 5103.034 or 5103.30 of the Revised	792
Code and shall reimburse the foster caregiver a stipend for	793
attending a continuing training program operated under section	794
5103.034 or 5103.30 of the Revised Code. The paymentamount of	795
the lump sum reimbursement and the stipend rate shall be based on	796
a stipend rate established by the department of job and family	797
services. The stipend rateand shall be the same regardless of the	798
type of recommending agency from which the foster caregiver seeks	799
a recommendation. The department shall, pursuant to rules adopted	800
under section 5103.0316 of the Revised Code, reimburse the	801
recommending agency for stipend paymentsreimbursements it makes	802
in accordance with this section. No payment shall be madeThe	803
department shall adopt rules under Chapter 119. of the Revised	804
Code regarding the release of lump sum stipends to an individual	805
for attending a preplacement training program if the individual	806
fails to obtain a foster home certificate under section 5103.03 of	807
the Revised Code.	808

Sec. 5103.0313.  Except as provided in section 5103.303 of	809
the Revised Code, the department of job and family services shall	810
compensate a private child placing agency or private noncustodial	811
agency for the cost of procuring or operating preplacement and	812
continuing training programs approved by the department of job and	813
family services under section 5103.038 of the Revised Code for	814
prospective foster caregivers and foster caregivers who are	815
recommended for initial certification or recertification by the	816
agency.	817

The compensation shall be paid to the agency in the form of	818
an allowance to reimburse the agency for each hourthe minimum	819
required amount of preplacement and continuing training provided	820
or received under section 5103.031 or 5103.032 of the Revised	821
Code.	822

Sec. 5103.391.  The director of job and family services shall	823
appoint all of the following to serve on the Ohio child welfare	824
training program steering committee:	825

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

826

(B) One representative of each of the regional training	827
centers established under section 5103.42 of the Revised Code;	828

(C) One representative of a statewide organization that	829
represents the interests of public children services agencies;	830

(D) One representative of the Ohio child welfare training	831
program coordinator;	832

(E) Two current foster caregivers certified by the department	833
of job and family services under section 5103.03 of the Revised	834
Code;	835

(F) Employees of public children services agencies.

836

Sec. 5126.04.  (A) Each county board of mental retardation	837
and developmental disabilities shall plan and set priorities based	838
on available resources for the provision of facilities, programs,	839
and other services to meet the needs of county residents who are	840
individuals with mental retardation and other developmental	841
disabilities, former residents of the county residing in state	842
institutions or placed under purchase of service agreements under	843
section 5123.18 of the Revised Code, and children subject to a	844
determination made pursuant to section 121.38 of the Revised Code.	845

Each county board shall assess the facility and service needs	846
of the individuals with mental retardation and other developmental	847
disabilities who are residents of the county or former residents	848
of the county residing in state institutions or placed under	849
purchase of service agreements under section 5123.18 of the	850
Revised Code.	851

Each county board shall require individual habilitation or	852
service plans for individuals with mental retardation and other	853
developmental disabilities who are being served or who have been	854
determined eligible for services and are awaiting the provision of	855
services. Each board shall ensure that methods of having their	856
service needs evaluated are available.	857

(B)(1) If a foster child is in need of assessment for	858
eligible services or is receiving services from a county board of	859
mental retardation and developmental disabilities and that child	860
is placed in a different county, the agency that placed the child,	861
immediately upon placement, shall inform the county board in the	862
new county all of the following:	863

(a) That a foster child has been placed in that county;

864

(b) The name and other identifying information of the foster	865
child;	866

(c) The name of the foster child's previous county of	867
residence;	868

(d) That the foster child was in need of assessment for	869
eligible services or was receiving services from the county board	870
of mental retardation and developmental disabilities in the	871
previous county.	872

(2) Upon receiving the notice described in division (B)(1) of	873
this section or otherwise learning that the child was in need of	874
assessment for eligible services or was receiving services from a	875
county board of mental retardation and developmental disabilities	876
in the previous county, the county board in the new county shall	877
communicate with the county board of the previous county to	878
determine how services for the foster child shall be provided in	879
accordance with each board's plan and priorities as described in	880
division (A) of this section.	881

If the two county boards are unable to reach an agreement	882
within ten days of the child's placement, the county board in the	883
new county shall send notice to the Ohio department of mental	884
retardation and developmental disabilities of the failure to	885
agree. The department shall decide how services shall be provided	886
for the foster child within ten days of receiving notice that the	887
county boards could not reach an agreement. The department may	888
decide that one, or both, of the county boards shall provide	889
services. The services shall be provided in accordance with the	890
board's plan and priorities as described in division (A) of this	891
section.	892

(C) The department of mental retardation and developmental	893
disabilities may adopt rules in accordance with Chapter 119. of	894
the Revised Code as necessary to implement this section. To the	895
extent that rules adopted under this section apply to the	896
identification and placement of handicapped children under Chapter	897
3323. of the Revised Code, the rules shall be consistent with the	898
standards and procedures established under sections 3323.03 to	899
3323.05 of the Revised Code.	900

(C)(D) The responsibility or authority of a county board to	901
provide services under this chapter does not affect the	902
responsibility of any other entity of state or local government to	903
provide services to individuals with mental retardation and	904
developmental disabilities.	905

(D)(E) On or before the first day of February prior to a	906
school year, a county board of mental retardation and	907
developmental disabilities may elect not to participate during	908
that school year in the provision of or contracting for	909
educational services for children ages six through twenty-one	910
years of age, provided that on or before that date the board gives	911
notice of this election to the superintendent of public	912
instruction, each school district in the county, and the	913
educational service center serving the county. If a board makes	914
this election, it shall not have any responsibility for or	915
authority to provide educational services that school year for	916
children ages six through twenty-one years of age. If a board does	917
not make an election for a school year in accordance with this	918
division, the board shall be deemed to have elected to participate	919
during that school year in the provision of or contracting for	920
educational services for children ages six through twenty-one	921
years of age.	922

(E)(F) If a county board of mental retardation and	923
developmental disabilities elects to provide educational services	924
during a school year to individuals six through twenty-one years	925
of age who are multiply handicapped, the board may provide these	926
services to individuals who are appropriately identified and	927
determined eligible pursuant to Chapter 3323. of the Revised Code,	928
and in accordance with applicable rules of the state board of	929
education. The county board may also provide related services to	930
individuals six through twenty-one years of age who have one or	931
more disabling conditions, in accordance with section 3317.20 and	932
Chapter 3323. of the Revised Code and applicable rules of the	933
state board of education.	934

Sec. 5153.122.  Each PCSA caseworker hired after January 1,	935
2007, shall complete at least one hundred two hours of in-service	936
training during the first year of the caseworker's continuous	937
employment as a PCSA caseworker, except that the executive	938
director of the public children services agency may waive the	939
training requirement for a school of social work graduate who	940
participated in the university partnership program described in	941
division (D) of section 5101.141 of the Revised Code. The training	942
shall consist of courses in recognizing, accepting reports of, and	943
preventing child abuse, neglect, and dependency; assessing child	944
safety; assessing risks; interviewing persons; investigating	945
cases; intervening; providing services to children and their	946
families; the importance of and need for accurate data;	947
preparation for court; maintenance of case record information; and	948
other topics relevant to child abuse, neglect, and dependency. The	949
training shall also include courses in the legal duties of PCSA	950
caseworkers to protect the constitutional and statutory rights of	951
children and families from the initial time of contact during	952
investigation through treatment that shall include instruction	953
regarding parents' rights and the limitations that the Fourth	954
Amendment to the United States Constitution places upon	955
caseworkers and their investigations.	956

After a PCSA caseworker's first year of continuous employment	957
as a PCSA caseworker, the caseworker annually shall complete	958
thirty-six hours of training in areas relevant to the caseworker's	959
assigned duties.	960

During the first two years of continuous employment as a PCSA	961
caseworker, each PCSA caseworker shall complete at least twelve	962
hours of training in recognizing the signs of domestic violence	963
and its relationship to child abuse as established in rules the	964
director of job and family services shall adopt pursuant to	965
Chapter 119. of the Revised Code. The twelve hours may be in	966
addition to the ninety hours of training required during the	967
caseworker's first year of employment or part of the thirty-six	968
hours of training required during the second year of employment.	969

Sec. 5153.123.  Each PCSA caseworker supervisor shall	970
complete at least sixty hours of in-service training during the	971
first year of the supervisor's continuous employment as a PCSA	972
caseworker supervisor. The training shall include courses in	973
screening reports of child abuse, neglect, or dependency. After a	974
PCSA caseworker supervisor's first year of continuous employment	975
as a PCSA caseworker supervisor, the supervisor annually shall	976
complete thirty hours of training in areas relevant to the	977
supervisor's assigned duties. During the first two years of	978
continuous employment as a PCSA caseworker supervisor, each PCSA	979
caseworker supervisor shall complete at least twelve hours of	980
training in recognizing the signs of domestic violence and its	981
relationship to child abuse as established in rules the director	982
of job and family services shall adopt pursuant to Chapter 119. of	983
the Revised Code. The twelve hours may be in addition to the sixty	984
hours of training required during the supervisor's first year of	985
employment or part of the thirty hours of training required during	986
the second year of employment.	987

Section 2. That existing sections 149.43, 2151.152, 5101.29,	988
5103.031, 5103.032, 5103.035, 5103.0312, 5103.0313, 5103.391,	989
5126.04, 5153.122, and 5153.123 of the Revised Code are hereby	990
repealed.	991

Section 3. The Ohio Department of Job and Family Services may	992
seek federal approval through the United States Department of	993
Health and Human Services to include within funding under Title	994
IV-E of the "Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.	995
670, an additional category of foster care certification, and	996
simplified standards for that certification, for placements in	997
which the child has an existing relationship with the foster	998
caregiver.	999

Section 4. The Ohio Department of Job and Family Services	1000
shall partner with the Ohio Department of Mental Retardation and	1001
Developmental Disabilities to offer joint cross system briefings	1002
to better educate the professionals of both systems for more	1003
effective service delivery for dually involved children and	1004
families. The joint cross system briefings shall be conducted	1005
regularly for one year after the effective date of this act and	1006
shall serve as a platform for conducting forums and developing	1007
training curriculums for foster caregivers that care for mentally	1008
retarded and developmentally disabled children.	1009

Section 5. That sections 2151.23, 2151.39, 3313.64, and	1010
5103.16 be amended and sections 5103.23, 5103.231, 5103.232,	1011
5103.233, 5103.234, 5103.235, 5103.236, and 5103.237 of the	1012
Revised Code be enacted to read as follows:	1013

Sec. 2151.23.  (A) The juvenile court has exclusive original	1014
jurisdiction under the Revised Code as follows:	1015

(1) Concerning any child who on or about the date specified	1016
in the complaint, indictment, or information is alleged to have	1017
violated section 2151.87 of the Revised Code or an order issued	1018
under that section or to be a juvenile traffic offender or a	1019
delinquent, unruly, abused, neglected, or dependent child and,	1020
based on and in relation to the allegation pertaining to the	1021
child, concerning the parent, guardian, or other person having	1022
care of a child who is alleged to be an unruly or delinquent child	1023
for being an habitual or chronic truant;	1024

(2) Subject to divisions (G) and (V) of section 2301.03 of	1025
the Revised Code, to determine the custody of any child not a ward	1026
of another court of this state;	1027

(3) To hear and determine any application for a writ of	1028
habeas corpus involving the custody of a child;	1029

(4) To exercise the powers and jurisdiction given the probate	1030
division of the court of common pleas in Chapter 5122. of the	1031
Revised Code, if the court has probable cause to believe that a	1032
child otherwise within the jurisdiction of the court is a mentally	1033
ill person subject to hospitalization by court order, as defined	1034
in section 5122.01 of the Revised Code;	1035

(5) To hear and determine all criminal cases charging adults	1036
with the violation of any section of this chapter;	1037

(6) To hear and determine all criminal cases in which an	1038
adult is charged with a violation of division (C) of section	1039
2919.21, division (B)(1) of section 2919.22, section 2919.222,	1040
division (B) of section 2919.23, or section 2919.24 of the Revised	1041
Code, provided the charge is not included in an indictment that	1042
also charges the alleged adult offender with the commission of a	1043
felony arising out of the same actions that are the basis of the	1044
alleged violation of division (C) of section 2919.21, division	1045
(B)(1) of section 2919.22, section 2919.222, division (B) of	1046
section 2919.23, or section 2919.24 of the Revised Code;	1047

(7) Under the interstate compact on juveniles in section	1048
2151.56 of the Revised Code;	1049

(8) Concerning any child who is to be taken into custody	1050
pursuant to section 2151.31 of the Revised Code, upon being	1051
notified of the intent to take the child into custody and the	1052
reasons for taking the child into custody;	1053

(9) To hear and determine requests for the extension of	1054
temporary custody agreements, and requests for court approval of	1055
permanent custody agreements, that are filed pursuant to section	1056
5103.15 of the Revised Code;	1057

(10) To hear and determine applications for consent to marry	1058
pursuant to section 3101.04 of the Revised Code;	1059

(11) Subject to divisions (G) and (V) of section 2301.03 of	1060
the Revised Code, to hear and determine a request for an order for	1061
the support of any child if the request is not ancillary to an	1062
action for divorce, dissolution of marriage, annulment, or legal	1063
separation, a criminal or civil action involving an allegation of	1064
domestic violence, or an action for support brought under Chapter	1065
3115. of the Revised Code;	1066

(12) Concerning an action commenced under section 121.38 of	1067
the Revised Code;	1068

(13) To hear and determine violations of section 3321.38 of	1069
the Revised Code;	1070

(14) To exercise jurisdiction and authority over the parent,	1071
guardian, or other person having care of a child alleged to be a	1072
delinquent child, unruly child, or juvenile traffic offender,	1073
based on and in relation to the allegation pertaining to the	1074
child;	1075

(15) To conduct the hearings, and to make the determinations,	1076
adjudications, and orders authorized or required under sections	1077
2152.82 to 2152.85 and Chapter 2950. of the Revised Code regarding	1078
a child who has been adjudicated a delinquent child and to refer	1079
the duties conferred upon the juvenile court judge under sections	1080
2152.82 to 2152.85 and Chapter 2950. of the Revised Code to	1081
magistrates appointed by the juvenile court judge in accordance	1082
with Juvenile Rule 40.	1083

(B) Except as provided in divisions (G) and (I) of section	1084
2301.03 of the Revised Code, the juvenile court has original	1085
jurisdiction under the Revised Code:	1086

(1) To hear and determine all cases of misdemeanors charging	1087
adults with any act or omission with respect to any child, which	1088
act or omission is a violation of any state law or any municipal	1089
ordinance;	1090

(2) To determine the paternity of any child alleged to have	1091
been born out of wedlock pursuant to sections 3111.01 to 3111.18	1092
of the Revised Code;	1093

(3) Under the uniform interstate family support act in	1094
Chapter 3115. of the Revised Code;	1095

(4) To hear and determine an application for an order for the	1096
support of any child, if the child is not a ward of another court	1097
of this state;	1098

(5) To hear and determine an action commenced under section	1099
3111.28 of the Revised Code;	1100

(6) To hear and determine a motion filed under section	1101
3119.961 of the Revised Code;	1102

(7) To receive filings under section 3109.74 of the Revised	1103
Code, and to hear and determine actions arising under sections	1104
3109.51 to 3109.80 of the Revised Code.	1105

(8) To enforce an order for the return of a child made under	1106
the Hague Convention on the Civil Aspects of International Child	1107
Abduction pursuant to section 3127.32 of the Revised Code;	1108

(9) To grant any relief normally available under the laws of	1109
this state to enforce a child custody determination made by a	1110
court of another state and registered in accordance with section	1111
3127.35 of the Revised Code.	1112

(C) The juvenile court, except as to juvenile courts that are	1113
a separate division of the court of common pleas or a separate and	1114
independent juvenile court, has jurisdiction to hear, determine,	1115
and make a record of any action for divorce or legal separation	1116
that involves the custody or care of children and that is filed in	1117
the court of common pleas and certified by the court of common	1118
pleas with all the papers filed in the action to the juvenile	1119
court for trial, provided that no certification of that nature	1120
shall be made to any juvenile court unless the consent of the	1121
juvenile judge first is obtained. After a certification of that	1122
nature is made and consent is obtained, the juvenile court shall	1123
proceed as if the action originally had been begun in that court,	1124
except as to awards for spousal support or support due and unpaid	1125
at the time of certification, over which the juvenile court has no	1126
jurisdiction.	1127

(D) The juvenile court, except as provided in divisions (G)	1128
and (I) of section 2301.03 of the Revised Code, has jurisdiction	1129
to hear and determine all matters as to custody and support of	1130
children duly certified by the court of common pleas to the	1131
juvenile court after a divorce decree has been granted, including	1132
jurisdiction to modify the judgment and decree of the court of	1133
common pleas as the same relate to the custody and support of	1134
children.	1135

(E) The juvenile court, except as provided in divisions (G)	1136
and (I) of section 2301.03 of the Revised Code, has jurisdiction	1137
to hear and determine the case of any child certified to the court	1138
by any court of competent jurisdiction if the child comes within	1139
the jurisdiction of the juvenile court as defined by this section.	1140

(F)(1) The juvenile court shall exercise its jurisdiction in	1141
child custody matters in accordance with sections 3109.04,and	1142
3127.01 to 3127.53,of the Revised Code and, as applicable,	1143
sections 5103.20 to 5103.22 or 5103.23 to 5103.237 of the Revised	1144
Code.	1145

(2) The juvenile court shall exercise its jurisdiction in	1146
child support matters in accordance with section 3109.05 of the	1147
Revised Code.	1148

(G) Any juvenile court that makes or modifies an order for	1149
child support shall comply with Chapters 3119., 3121., 3123., and	1150
3125. of the Revised Code. If any person required to pay child	1151
support under an order made by a juvenile court on or after April	1152
15, 1985, or modified on or after December 1, 1986, is found in	1153
contempt of court for failure to make support payments under the	1154
order, the court that makes the finding, in addition to any other	1155
penalty or remedy imposed, shall assess all court costs arising	1156
out of the contempt proceeding against the person and require the	1157
person to pay any reasonable attorney's fees of any adverse party,	1158
as determined by the court, that arose in relation to the act of	1159
contempt.	1160

(H) If a child who is charged with an act that would be an	1161
offense if committed by an adult was fourteen years of age or	1162
older and under eighteen years of age at the time of the alleged	1163
act and if the case is transferred for criminal prosecution	1164
pursuant to section 2152.12 of the Revised Code, the juvenile	1165
court does not have jurisdiction to hear or determine the case	1166
subsequent to the transfer. The court to which the case is	1167
transferred for criminal prosecution pursuant to that section has	1168
jurisdiction subsequent to the transfer to hear and determine the	1169
case in the same manner as if the case originally had been	1170
commenced in that court, including, but not limited to,	1171
jurisdiction to accept a plea of guilty or another plea authorized	1172
by Criminal Rule 11 or another section of the Revised Code and	1173
jurisdiction to accept a verdict and to enter a judgment of	1174
conviction pursuant to the Rules of Criminal Procedure against the	1175
child for the commission of the offense that was the basis of the	1176
transfer of the case for criminal prosecution, whether the	1177
conviction is for the same degree or a lesser degree of the	1178
offense charged, for the commission of a lesser-included offense,	1179
or for the commission of another offense that is different from	1180
the offense charged.	1181

(I) If a person under eighteen years of age allegedly commits	1182
an act that would be a felony if committed by an adult and if the	1183
person is not taken into custody or apprehended for that act until	1184
after the person attains twenty-one years of age, the juvenile	1185
court does not have jurisdiction to hear or determine any portion	1186
of the case charging the person with committing that act. In those	1187
circumstances, divisions (A) and (B) of section 2152.12 of the	1188
Revised Code do not apply regarding the act, and the case charging	1189
the person with committing the act shall be a criminal prosecution	1190
commenced and heard in the appropriate court having jurisdiction	1191
of the offense as if the person had been eighteen years of age or	1192
older when the person committed the act. All proceedings	1193
pertaining to the act shall be within the jurisdiction of the	1194
court having jurisdiction of the offense, and that court has all	1195
the authority and duties in the case that it has in other criminal	1196
cases in that court.	1197

Sec. 2151.39.  No person, association or agency, public or	1198
private, of another state, incorporated or otherwise, shall place	1199
a child in a family home or with an agency or institution within	1200
the boundaries of this state, either for temporary or permanent	1201
care or custody or for adoption, unless such person or association	1202
has furnished the department of job and family services with a	1203
medical and social history of the child, pertinent information	1204
about the family, agency, association, or institution in this	1205
state with whom the sending party desires to place the child, and	1206
any other information or financial guaranty required by the	1207
department to determine whether the proposed placement will meet	1208
the needs of the child. The department may require the party	1209
desiring the placement to agree to promptly receive and remove	1210
from the state a child brought into the state whose placement has	1211
not proven satisfactorily responsive to the needs of the child at	1212
any time until the child is adopted, reaches majority, becomes	1213
self-supporting or is discharged with the concurrence of the	1214
department. All placements proposed to be made in this state by a	1215
party located in a state which is a party to the interstate	1216
compact onfor the placement of children shall be made according	1217
to the provisions of sections 5103.20 to 5103.22 of the Revised	1218
Code, or, if the interstate compact on the placement of children	1219
is in effect in this state, all placements proposed to be made in	1220
this state by a party located in a state that is a party to that	1221
compact shall be made according to the provisions of sections	1222
5103.23 to 5103.237 of the Revised Code.	1223

Sec. 3313.64.  (A) As used in this section and in section	1224
3313.65 of the Revised Code:	1225

(1)(a) Except as provided in division (A)(1)(b) of this	1226
section, "parent" means either parent, unless the parents are	1227
separated or divorced or their marriage has been dissolved or	1228
annulled, in which case "parent" means the parent who is the	1229
residential parent and legal custodian of the child. When a child	1230
is in the legal custody of a government agency or a person other	1231
than the child's natural or adoptive parent, "parent" means the	1232
parent with residual parental rights, privileges, and	1233
responsibilities. When a child is in the permanent custody of a	1234
government agency or a person other than the child's natural or	1235
adoptive parent, "parent" means the parent who was divested of	1236
parental rights and responsibilities for the care of the child and	1237
the right to have the child live with the parent and be the legal	1238
custodian of the child and all residual parental rights,	1239
privileges, and responsibilities.	1240

(b) When a child is the subject of a power of attorney	1241
executed under sections 3109.51 to 3109.62 of the Revised Code,	1242
"parent" means the grandparent designated as attorney in fact	1243
under the power of attorney. When a child is the subject of a	1244
caretaker authorization affidavit executed under sections 3109.64	1245
to 3109.73 of the Revised Code, "parent" means the grandparent	1246
that executed the affidavit.	1247

(2) "Legal custody," "permanent custody," and "residual	1248
parental rights, privileges, and responsibilities" have the same	1249
meanings as in section 2151.011 of the Revised Code.	1250

(3) "School district" or "district" means a city, local, or	1251
exempted village school district and excludes any school operated	1252
in an institution maintained by the department of youth services.	1253

(4) Except as used in division (C)(2) of this section, "home"	1254
means a home, institution, foster home, group home, or other	1255
residential facility in this state that receives and cares for	1256
children, to which any of the following applies:	1257

(a) The home is licensed, certified, or approved for such	1258
purpose by the state or is maintained by the department of youth	1259
services.	1260

(b) The home is operated by a person who is licensed,	1261
certified, or approved by the state to operate the home for such	1262
purpose.	1263

(c) The home accepted the child through a placement by a	1264
person licensed, certified, or approved to place a child in such a	1265
home by the state.	1266

(d) The home is a children's home created under section	1267
5153.21 or 5153.36 of the Revised Code.	1268

(5) "Agency" means all of the following:

1269

(a) A public children services agency;

1270

(b) An organization that holds a certificate issued by the	1271
Ohio department of job and family services in accordance with the	1272
requirements of section 5103.03 of the Revised Code and assumes	1273
temporary or permanent custody of children through commitment,	1274
agreement, or surrender, and places children in family homes for	1275
the purpose of adoption;	1276

(c) Comparable agencies of other states or countries that	1277
have complied with applicable requirements of section 2151.39,of	1278
the Revised Code or, as applicable, sections 5103.20 to 5103.22 or	1279
5103.23 to 5103.237 of the Revised Code.	1280

(6) A child is placed for adoption if either of the following	1281
occurs:	1282

(a) An agency to which the child has been permanently	1283
committed or surrendered enters into an agreement with a person	1284
pursuant to section 5103.16 of the Revised Code for the care and	1285
adoption of the child.	1286

(b) The child's natural parent places the child pursuant to	1287
section 5103.16 of the Revised Code with a person who will care	1288
for and adopt the child.	1289

(7) "Handicapped preschool child" means a handicapped child,	1290
as defined by division (A) of section 3323.01 of the Revised Code,	1291
who is at least three years of age but is not of compulsory school	1292
age, as defined in section 3321.01 of the Revised Code, and who is	1293
not currently enrolled in kindergarten.	1294

(8) "Child," unless otherwise indicated, includes handicapped	1295
preschool children.	1296

(9) "Active duty" means active duty pursuant to an executive	1297
order of the president of the United States, an act of the	1298
congress of the United States, or section 5919.29 or 5923.21 of	1299
the Revised Code.	1300

(B) Except as otherwise provided in section 3321.01 of the	1301
Revised Code for admittance to kindergarten and first grade, a	1302
child who is at least five but under twenty-two years of age and	1303
any handicapped preschool child shall be admitted to school as	1304
provided in this division.	1305

(1) A child shall be admitted to the schools of the school	1306
district in which the child's parent resides.	1307

(2) A child who does not reside in the district where the	1308
child's parent resides shall be admitted to the schools of the	1309
district in which the child resides if any of the following	1310
applies:	1311

(a) The child is in the legal or permanent custody of a	1312
government agency or a person other than the child's natural or	1313
adoptive parent.	1314

(b) The child resides in a home.

1315

(c) The child requires special education.

1316

(3) A child who is not entitled under division (B)(2) of this	1317
section to be admitted to the schools of the district where the	1318
child resides and who is residing with a resident of this state	1319
with whom the child has been placed for adoption shall be admitted	1320
to the schools of the district where the child resides unless	1321
either of the following applies:	1322

(a) The placement for adoption has been terminated.

1323

(b) Another school district is required to admit the child	1324
under division (B)(1) of this section.	1325

Division (B) of this section does not prohibit the board of	1326
education of a school district from placing a handicapped child	1327
who resides in the district in a special education program outside	1328
of the district or its schools in compliance with Chapter 3323. of	1329
the Revised Code.	1330

(C) A district shall not charge tuition for children admitted	1331
under division (B)(1) or (3) of this section. If the district	1332
admits a child under division (B)(2) of this section, tuition	1333
shall be paid to the district that admits the child as follows:	1334

(1) If the child receives special education in accordance	1335
with Chapter 3323. of the Revised Code, the school district of	1336
residence, as defined in section 3323.01 of the Revised Code,	1337
shall pay tuition for the child in accordance with section	1338
3323.091, 3323.13, 3323.14, or 3323.141 of the Revised Code	1339
regardless of who has custody of the child or whether the child	1340
resides in a home.	1341

(2) For a child that does not receive special education in	1342
accordance with Chapter 3323. of the Revised Code, except as	1343
otherwise provided in division (C)(2)(d) of this section, if the	1344
child is in the permanent or legal custody of a government agency	1345
or person other than the child's parent, tuition shall be paid by:	1346

(a) The district in which the child's parent resided at the	1347
time the court removed the child from home or at the time the	1348
court vested legal or permanent custody of the child in the person	1349
or government agency, whichever occurred first;	1350

(b) If the parent's residence at the time the court removed	1351
the child from home or placed the child in the legal or permanent	1352
custody of the person or government agency is unknown, tuition	1353
shall be paid by the district in which the child resided at the	1354
time the child was removed from home or placed in legal or	1355
permanent custody, whichever occurred first;	1356

(c) If a school district cannot be established under division	1357
(C)(2)(a) or (b) of this section, tuition shall be paid by the	1358
district determined as required by section 2151.362 of the Revised	1359
Code by the court at the time it vests custody of the child in the	1360
person or government agency;	1361

(d) If at the time the court removed the child from home or	1362
vested legal or permanent custody of the child in the person or	1363
government agency, whichever occurred first, one parent was in a	1364
residential or correctional facility or a juvenile residential	1365
placement and the other parent, if living and not in such a	1366
facility or placement, was not known to reside in this state,	1367
tuition shall be paid by the district determined under division	1368
(D) of section 3313.65 of the Revised Code as the district	1369
required to pay any tuition while the parent was in such facility	1370
or placement;	1371

(e) If the court has modified its order as to which district	1372
is responsible to bear the cost of educating the child pursuant to	1373
division (A)(2) of section 2151.362 of the Revised Code, the	1374
district determined to be responsible for that cost in the order	1375
so modified.	1376

(3) If the child is not in the permanent or legal custody of	1377
a government agency or person other than the child's parent and	1378
the child resides in a home, tuition shall be paid by one of the	1379
following:	1380

(a) The school district in which the child's parent resides;

1381

(b) If the child's parent is not a resident of this state,	1382
the home in which the child resides.	1383

(D) Tuition required to be paid under divisions (C)(2) and	1384
(3)(a) of this section shall be computed in accordance with	1385
section 3317.08 of the Revised Code. Tuition required to be paid	1386
under division (C)(3)(b) of this section shall be computed in	1387
accordance with section 3317.081 of the Revised Code. If a home	1388
fails to pay the tuition required by division (C)(3)(b) of this	1389
section, the board of education providing the education may	1390
recover in a civil action the tuition and the expenses incurred in	1391
prosecuting the action, including court costs and reasonable	1392
attorney's fees. If the prosecuting attorney or city director of	1393
law represents the board in such action, costs and reasonable	1394
attorney's fees awarded by the court, based upon the prosecuting	1395
attorney's, director's, or one of their designee's time spent	1396
preparing and presenting the case, shall be deposited in the	1397
county or city general fund.	1398

(E) A board of education may enroll a child free of any	1399
tuition obligation for a period not to exceed sixty days, on the	1400
sworn statement of an adult resident of the district that the	1401
resident has initiated legal proceedings for custody of the child.	1402

(F) In the case of any individual entitled to attend school	1403
under this division, no tuition shall be charged by the school	1404
district of attendance and no other school district shall be	1405
required to pay tuition for the individual's attendance.	1406
Notwithstanding division (B), (C), or (E) of this section:	1407

(1) All persons at least eighteen but under twenty-two years	1408
of age who live apart from their parents, support themselves by	1409
their own labor, and have not successfully completed the high	1410
school curriculum or the individualized education program	1411
developed for the person by the high school pursuant to section	1412
3323.08 of the Revised Code, are entitled to attend school in the	1413
district in which they reside.	1414

(2) Any child under eighteen years of age who is married is	1415
entitled to attend school in the child's district of residence.	1416

(3) A child is entitled to attend school in the district in	1417
which either of the child's parents is employed if the child has a	1418
medical condition that may require emergency medical attention.	1419
The parent of a child entitled to attend school under division	1420
(F)(3) of this section shall submit to the board of education of	1421
the district in which the parent is employed a statement from the	1422
child's physician certifying that the child's medical condition	1423
may require emergency medical attention. The statement shall be	1424
supported by such other evidence as the board may require.	1425

(4) Any child residing with a person other than the child's	1426
parent is entitled, for a period not to exceed twelve months, to	1427
attend school in the district in which that person resides if the	1428
child's parent files an affidavit with the superintendent of the	1429
district in which the person with whom the child is living resides	1430
stating all of the following:	1431

(a) That the parent is serving outside of the state in the	1432
armed services of the United States;	1433

(b) That the parent intends to reside in the district upon	1434
returning to this state;	1435

(c) The name and address of the person with whom the child is	1436
living while the parent is outside the state.	1437

(5) Any child under the age of twenty-two years who, after	1438
the death of a parent, resides in a school district other than the	1439
district in which the child attended school at the time of the	1440
parent's death is entitled to continue to attend school in the	1441
district in which the child attended school at the time of the	1442
parent's death for the remainder of the school year, subject to	1443
approval of that district board.	1444

(6) A child under the age of twenty-two years who resides	1445
with a parent who is having a new house built in a school district	1446
outside the district where the parent is residing is entitled to	1447
attend school for a period of time in the district where the new	1448
house is being built. In order to be entitled to such attendance,	1449
the parent shall provide the district superintendent with the	1450
following:	1451

(a) A sworn statement explaining the situation, revealing the	1452
location of the house being built, and stating the parent's	1453
intention to reside there upon its completion;	1454

(b) A statement from the builder confirming that a new house	1455
is being built for the parent and that the house is at the	1456
location indicated in the parent's statement.	1457

(7) A child under the age of twenty-two years residing with a	1458
parent who has a contract to purchase a house in a school district	1459
outside the district where the parent is residing and who is	1460
waiting upon the date of closing of the mortgage loan for the	1461
purchase of such house is entitled to attend school for a period	1462
of time in the district where the house is being purchased. In	1463
order to be entitled to such attendance, the parent shall provide	1464
the district superintendent with the following:	1465

(a) A sworn statement explaining the situation, revealing the	1466
location of the house being purchased, and stating the parent's	1467
intent to reside there;	1468

(b) A statement from a real estate broker or bank officer	1469
confirming that the parent has a contract to purchase the house,	1470
that the parent is waiting upon the date of closing of the	1471
mortgage loan, and that the house is at the location indicated in	1472
the parent's statement.	1473

The district superintendent shall establish a period of time	1474
not to exceed ninety days during which the child entitled to	1475
attend school under division (F)(6) or (7) of this section may	1476
attend without tuition obligation. A student attending a school	1477
under division (F)(6) or (7) of this section shall be eligible to	1478
participate in interscholastic athletics under the auspices of	1479
that school, provided the board of education of the school	1480
district where the student's parent resides, by a formal action,	1481
releases the student to participate in interscholastic athletics	1482
at the school where the student is attending, and provided the	1483
student receives any authorization required by a public agency or	1484
private organization of which the school district is a member	1485
exercising authority over interscholastic sports.	1486

(8) A child whose parent is a full-time employee of a city,	1487
local, or exempted village school district, or of an educational	1488
service center, may be admitted to the schools of the district	1489
where the child's parent is employed, or in the case of a child	1490
whose parent is employed by an educational service center, in the	1491
district that serves the location where the parent's job is	1492
primarily located, provided the district board of education	1493
establishes such an admission policy by resolution adopted by a	1494
majority of its members. Any such policy shall take effect on the	1495
first day of the school year and the effective date of any	1496
amendment or repeal may not be prior to the first day of the	1497
subsequent school year. The policy shall be uniformly applied to	1498
all such children and shall provide for the admission of any such	1499
child upon request of the parent. No child may be admitted under	1500
this policy after the first day of classes of any school year.	1501

(9) A child who is with the child's parent under the care of	1502
a shelter for victims of domestic violence, as defined in section	1503
3113.33 of the Revised Code, is entitled to attend school free in	1504
the district in which the child is with the child's parent, and no	1505
other school district shall be required to pay tuition for the	1506
child's attendance in that school district.	1507

The enrollment of a child in a school district under this	1508
division shall not be denied due to a delay in the school	1509
district's receipt of any records required under section 3313.672	1510
of the Revised Code or any other records required for enrollment.	1511
Any days of attendance and any credits earned by a child while	1512
enrolled in a school district under this division shall be	1513
transferred to and accepted by any school district in which the	1514
child subsequently enrolls. The state board of education shall	1515
adopt rules to ensure compliance with this division.	1516

(10) Any child under the age of twenty-two years whose parent	1517
has moved out of the school district after the commencement of	1518
classes in the child's senior year of high school is entitled,	1519
subject to the approval of that district board, to attend school	1520
in the district in which the child attended school at the time of	1521
the parental move for the remainder of the school year and for one	1522
additional semester or equivalent term. A district board may also	1523
adopt a policy specifying extenuating circumstances under which a	1524
student may continue to attend school under division (F)(10) of	1525
this section for an additional period of time in order to	1526
successfully complete the high school curriculum for the	1527
individualized education program developed for the student by the	1528
high school pursuant to section 3323.08 of the Revised Code.	1529

(11) As used in this division, "grandparent" means a parent	1530
of a parent of a child. A child under the age of twenty-two years	1531
who is in the custody of the child's parent, resides with a	1532
grandparent, and does not require special education is entitled to	1533
attend the schools of the district in which the child's	1534
grandparent resides, provided that, prior to such attendance in	1535
any school year, the board of education of the school district in	1536
which the child's grandparent resides and the board of education	1537
of the school district in which the child's parent resides enter	1538
into a written agreement specifying that good cause exists for	1539
such attendance, describing the nature of this good cause, and	1540
consenting to such attendance.	1541

In lieu of a consent form signed by a parent, a board of	1542
education may request the grandparent of a child attending school	1543
in the district in which the grandparent resides pursuant to	1544
division (F)(11) of this section to complete any consent form	1545
required by the district, including any authorization required by	1546
sections 3313.712, 3313.713, 3313.716, and 3313.718 of the Revised	1547
Code. Upon request, the grandparent shall complete any consent	1548
form required by the district. A school district shall not incur	1549
any liability solely because of its receipt of a consent form from	1550
a grandparent in lieu of a parent.	1551

Division (F)(11) of this section does not create, and shall	1552
not be construed as creating, a new cause of action or substantive	1553
legal right against a school district, a member of a board of	1554
education, or an employee of a school district. This section does	1555
not affect, and shall not be construed as affecting, any	1556
immunities from defenses to tort liability created or recognized	1557
by Chapter 2744. of the Revised Code for a school district,	1558
member, or employee.	1559

(12) A child under the age of twenty-two years is entitled to	1560
attend school in a school district other than the district in	1561
which the child is entitled to attend school under division (B),	1562
(C), or (E) of this section provided that, prior to such	1563
attendance in any school year, both of the following occur:	1564

(a) The superintendent of the district in which the child is	1565
entitled to attend school under division (B), (C), or (E) of this	1566
section contacts the superintendent of another district for	1567
purposes of this division;	1568

(b) The superintendents of both districts enter into a	1569
written agreement that consents to the attendance and specifies	1570
that the purpose of such attendance is to protect the student's	1571
physical or mental well-being or to deal with other extenuating	1572
circumstances deemed appropriate by the superintendents.	1573

While an agreement is in effect under this division for a	1574
student who is not receiving special education under Chapter 3323.	1575
of the Revised Code and notwithstanding Chapter 3327. of the	1576
Revised Code, the board of education of neither school district	1577
involved in the agreement is required to provide transportation	1578
for the student to and from the school where the student attends.	1579

A student attending a school of a district pursuant to this	1580
division shall be allowed to participate in all student	1581
activities, including interscholastic athletics, at the school	1582
where the student is attending on the same basis as any student	1583
who has always attended the schools of that district while of	1584
compulsory school age.	1585

(13) All school districts shall comply with the	1586
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et	1587
seq., for the education of homeless children. Each city, local,	1588
and exempted village school district shall comply with the	1589
requirements of that act governing the provision of a free,	1590
appropriate public education, including public preschool, to each	1591
homeless child.	1592

When a child loses permanent housing and becomes a homeless	1593
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is	1594
such a homeless person changes temporary living arrangements, the	1595
child's parent or guardian shall have the option of enrolling the	1596
child in either of the following:	1597

(a) The child's school of origin, as defined in 42 U.S.C.A.	1598
11432(g)(3)(C);	1599

(b) The school that is operated by the school district in	1600
which the shelter where the child currently resides is located and	1601
that serves the geographic area in which the shelter is located.	1602

(14) A child under the age of twenty-two years who resides	1603
with a person other than the child's parent is entitled to attend	1604
school in the school district in which that person resides if both	1605
of the following apply:	1606

(a) That person has been appointed, through a military power	1607
of attorney executed under section 574(a) of the "National Defense	1608
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10	1609
U.S.C. 1044b, or through a comparable document necessary to	1610
complete a family care plan, as the parent's agent for the care,	1611
custody, and control of the child while the parent is on active	1612
duty as a member of the national guard or a reserve unit of the	1613
armed forces of the United States or because the parent is a	1614
member of the armed forces of the United States and is on a duty	1615
assignment away from the parent's residence.	1616

(b) The military power of attorney or comparable document	1617
includes at least the authority to enroll the child in school.	1618

The entitlement to attend school in the district in which the	1619
parent's agent under the military power of attorney or comparable	1620
document resides applies until the end of the school year in which	1621
the military power of attorney or comparable document expires.	1622

(G) A board of education, after approving admission, may	1623
waive tuition for students who will temporarily reside in the	1624
district and who are either of the following:	1625

(1) Residents or domiciliaries of a foreign nation who	1626
request admission as foreign exchange students;	1627

(2) Residents or domiciliaries of the United States but not	1628
of Ohio who request admission as participants in an exchange	1629
program operated by a student exchange organization.	1630

(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04,	1631
3327.04, and 3327.06 of the Revised Code, a child may attend	1632
school or participate in a special education program in a school	1633
district other than in the district where the child is entitled to	1634
attend school under division (B) of this section.	1635

(I)(1) Notwithstanding anything to the contrary in this	1636
section or section 3313.65 of the Revised Code, a child under	1637
twenty-two years of age may attend school in the school district	1638
in which the child, at the end of the first full week of October	1639
of the school year, was entitled to attend school as otherwise	1640
provided under this section or section 3313.65 of the Revised	1641
Code, if at that time the child was enrolled in the schools of the	1642
district but since that time the child or the child's parent has	1643
relocated to a new address located outside of that school district	1644
and within the same county as the child's or parent's address	1645
immediately prior to the relocation. The child may continue to	1646
attend school in the district, and at the school to which the	1647
child was assigned at the end of the first full week of October of	1648
the current school year, for the balance of the school year.	1649
Division (I)(1) of this section applies only if both of the	1650
following conditions are satisfied:	1651

(a) The board of education of the school district in which	1652
the child was entitled to attend school at the end of the first	1653
full week in October and of the district to which the child or	1654
child's parent has relocated each has adopted a policy to enroll	1655
children described in division (I)(1) of this section.	1656

(b) The child's parent provides written notification of the	1657
relocation outside of the school district to the superintendent of	1658
each of the two school districts.	1659

(2) At the beginning of the school year following the school	1660
year in which the child or the child's parent relocated outside of	1661
the school district as described in division (I)(1) of this	1662
section, the child is not entitled to attend school in the school	1663
district under that division.	1664

(3) Any person or entity owing tuition to the school district	1665
on behalf of the child at the end of the first full week in	1666
October, as provided in division (C) of this section, shall	1667
continue to owe such tuition to the district for the child's	1668
attendance under division (I)(1) of this section for the lesser of	1669
the balance of the school year or the balance of the time that the	1670
child attends school in the district under division (I)(1) of this	1671
section.	1672

(4) A pupil who may attend school in the district under	1673
division (I)(1) of this section shall be entitled to	1674
transportation services pursuant to an agreement between the	1675
district and the district in which the child or child's parent has	1676
relocated unless the districts have not entered into such	1677
agreement, in which case the child shall be entitled to	1678
transportation services in the same manner as a pupil attending	1679
school in the district under interdistrict open enrollment as	1680
described in division (H) of section 3313.981 of the Revised Code,	1681
regardless of whether the district has adopted an open enrollment	1682
policy as described in division (B)(1)(b) or (c) of section	1683
3313.98 of the Revised Code.	1684

(J) This division does not apply to a child receiving special	1685
education.	1686

A school district required to pay tuition pursuant to	1687
division (C)(2) or (3) of this section or section 3313.65 of the	1688
Revised Code shall have an amount deducted under division (F) of	1689
section 3317.023 of the Revised Code equal to its own tuition rate	1690
for the same period of attendance. A school district entitled to	1691
receive tuition pursuant to division (C)(2) or (3) of this section	1692
or section 3313.65 of the Revised Code shall have an amount	1693
credited under division (F) of section 3317.023 of the Revised	1694
Code equal to its own tuition rate for the same period of	1695
attendance. If the tuition rate credited to the district of	1696
attendance exceeds the rate deducted from the district required to	1697
pay tuition, the department of education shall pay the district of	1698
attendance the difference from amounts deducted from all	1699
districts' payments under division (F) of section 3317.023 of the	1700
Revised Code but not credited to other school districts under such	1701
division and from appropriations made for such purpose. The	1702
treasurer of each school district shall, by the fifteenth day of	1703
January and July, furnish the superintendent of public instruction	1704
a report of the names of each child who attended the district's	1705
schools under divisions (C)(2) and (3) of this section or section	1706
3313.65 of the Revised Code during the preceding six calendar	1707
months, the duration of the attendance of those children, the	1708
school district responsible for tuition on behalf of the child,	1709
and any other information that the superintendent requires.	1710

Upon receipt of the report the superintendent, pursuant to	1711
division (F) of section 3317.023 of the Revised Code, shall deduct	1712
each district's tuition obligations under divisions (C)(2) and (3)	1713
of this section or section 3313.65 of the Revised Code and pay to	1714
the district of attendance that amount plus any amount required to	1715
be paid by the state.	1716

(K) In the event of a disagreement, the superintendent of	1717
public instruction shall determine the school district in which	1718
the parent resides.	1719

(L) Nothing in this section requires or authorizes, or shall	1720
be construed to require or authorize, the admission to a public	1721
school in this state of a pupil who has been permanently excluded	1722
from public school attendance by the superintendent of public	1723
instruction pursuant to sections 3301.121 and 3313.662 of the	1724
Revised Code.	1725

(M) In accordance with division (B)(1) of this section, a	1726
child whose parent is a member of the national guard or a reserve	1727
unit of the armed forces of the United States and is called to	1728
active duty, or a child whose parent is a member of the armed	1729
forces of the United States and is ordered to a temporary duty	1730
assignment outside of the district, may continue to attend school	1731
in the district in which the child's parent lived before being	1732
called to active duty or ordered to a temporary duty assignment	1733
outside of the district, as long as the child's parent continues	1734
to be a resident of that district, and regardless of where the	1735
child lives as a result of the parent's active duty status or	1736
temporary duty assignment. However, the district is not	1737
responsible for providing transportation for the child if the	1738
child lives outside of the district as a result of the parent's	1739
active duty status or temporary duty assignment.	1740

Sec. 5103.16.  (A) Pursuant to section 5103.18 of the Revised	1741
Code and except as otherwise provided in this section, no child	1742
shall be placed or accepted for placement under any written or	1743
oral agreement or understanding that transfers or surrenders the	1744
legal rights, powers, or duties of the legal parent, parents, or	1745
guardian of the child into the temporary or permanent custody of	1746
any association or institution that is not certified by the	1747
department of job and family services under section 5103.03 of the	1748
Revised Code, without the written consent of the office in the	1749
department that oversees the interstate compact onfor placement	1750
of children established under section 5103.20 of the Revised Code	1751
or the interstate compact on the placement of children established	1752
under section 5103.23 of the Revised Code, as applicable, or by a	1753
commitment of a juvenile court, or by a commitment of a probate	1754
court as provided in this section. A child may be placed	1755
temporarily without written consent or court commitment with	1756
persons related by blood or marriage or in a legally licensed	1757
boarding home.	1758

(B)(1) Associations and institutions certified under section	1759
5103.03 of the Revised Code for the purpose of placing children in	1760
free foster homes or for legal adoption shall keep a record of the	1761
temporary and permanent surrenders of children. This record shall	1762
be available for separate statistics, which shall include a copy	1763
of an official birth record and all information concerning the	1764
social, mental, and medical history of the children that will aid	1765
in an intelligent disposition of the children in case that becomes	1766
necessary because the parents or guardians fail or are unable to	1767
reassume custody.	1768

(2) No child placed on a temporary surrender with an	1769
association or institution shall be placed permanently in a foster	1770
home or for legal adoption. All surrendered children who are	1771
placed permanently in foster homes or for adoption shall have been	1772
permanently surrendered, and a copy of the permanent surrender	1773
shall be a part of the separate record kept by the association or	1774
institution.	1775

(C) Any agreement or understanding to transfer or surrender	1776
the legal rights, powers, or duties of the legal parent or parents	1777
and place a child with a person seeking to adopt the child under	1778
this section shall be construed to contain a promise by the person	1779
seeking to adopt the child to pay the expenses listed in divisions	1780
(C)(1), (2), and (4) of section 3107.055 of the Revised Code and,	1781
if the person seeking to adopt the child refuses to accept	1782
placement of the child, to pay the temporary costs of routine	1783
maintenance and medical care for the child in a hospital, foster	1784
home, or other appropriate place for up to thirty days or until	1785
other custody is established for the child, as provided by law,	1786
whichever is less.	1787

(D) No child shall be placed or received for adoption or with	1788
intent to adopt unless placement is made by a public children	1789
services agency, an institution or association that is certified	1790
by the department of job and family services under section 5103.03	1791
of the Revised Code to place children for adoption, or custodians	1792
in another state or foreign country, or unless all of the	1793
following criteria are met:	1794

(1) Prior to the placement and receiving of the child, the	1795
parent or parents of the child personally have applied to, and	1796
appeared before, the probate court of the county in which the	1797
parent or parents reside, or in which the person seeking to adopt	1798
the child resides, for approval of the proposed placement	1799
specified in the application and have signed and filed with the	1800
court a written statement showing that the parent or parents are	1801
aware of their right to contest the decree of adoption subject to	1802
the limitations of section 3107.16 of the Revised Code;	1803

(2) The court ordered an independent home study of the	1804
proposed placement to be conducted as provided in section 3107.031	1805
of the Revised Code, and after completion of the home study, the	1806
court determined that the proposed placement is in the best	1807
interest of the child;	1808

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

1809

In determining whether a custodian has authority to place	1810
children for adoption under the laws of a foreign country, the	1811
probate court shall determine whether the child has been released	1812
for adoption pursuant to the laws of the country in which the	1813
child resides, and if the release is in a form that satisfies the	1814
requirements of the immigration and naturalization service of the	1815
United States department of justice for purposes of immigration to	1816
this country pursuant to section 101(b)(1)(F) of the "Immigration	1817
and Nationality Act," 75 Stat. 650 (1961), 8 U.S.C. 1101	1818
(b)(1)(F), as amended or reenacted.	1819

If the parent or parents of the child are deceased or have	1820
abandoned the child, as determined under division (A) of section	1821
3107.07 of the Revised Code, the application for approval of the	1822
proposed adoptive placement may be brought by the relative seeking	1823
to adopt the child, or by the department, board, or organization	1824
not otherwise having legal authority to place the orphaned or	1825
abandoned child for adoption, but having legal custody of the	1826
orphaned or abandoned child, in the probate court of the county in	1827
which the child is a resident, or in which the department, board,	1828
or organization is located, or where the person or persons with	1829
whom the child is to be placed reside. Unless the parent, parents,	1830
or guardian of the person of the child personally have appeared	1831
before the court and applied for approval of the placement, notice	1832
of the hearing on the application shall be served on the parent,	1833
parents, or guardian.	1834

The consent to placement, surrender, or adoption executed by	1835
a minor parent before a judge of the probate court or an	1836
authorized deputy or referee of the court, whether executed within	1837
or outside the confines of the court, is as valid as though	1838
executed by an adult. A consent given as above before an employee	1839
of a children services agency that is licensed as provided by law,	1840
is equally effective, if the consent also is accompanied by an	1841
affidavit executed by the witnessing employee or employees to the	1842
effect that the legal rights of the parents have been fully	1843
explained to the parents, prior to the execution of any consent,	1844
and that the action was done after the birth of the child.	1845

If the court approves a placement, the prospective adoptive	1846
parent with whom the child is placed has care, custody, and	1847
control of the child pending further order of the court.	1848

(E) This section does not apply to an adoption by a	1849
stepparent, a grandparent, or a guardian.	1850

Sec. 5103.23.  The interstate compact on the placement of	1851
children is hereby enacted into law and entered into with all	1852
other jurisdictions legally joining therein in form substantially	1853
as follows:	1854

Article I. Purpose and Policy.

1855

It is the purpose and policy of the party states to cooperate	1856
with each other in the interstate placement of children to the end	1857
that:	1858

(A) Each child requiring placement shall receive the maximum	1859
opportunity to be placed in a suitable environment and with	1860
persons or institutions having appropriate qualifications and	1861
facilities to provide a necessary and desirable degree and type of	1862
care.	1863

(B) The appropriate authorities in a state where a child is	1864
to be placed may have full opportunity to ascertain the	1865
circumstances of the proposed placement, thereby promoting full	1866
compliance with applicable requirements for the protection of the	1867
child.	1868

(C) The proper authorities of the state from which the	1869
placement is made may obtain the most complete information on the	1870
basis of which to evaluate a projected placement before it is	1871
made.	1872

(D) Appropriate jurisdictional arrangements for the care of	1873
children will be promoted.	1874

Article II. Definitions.

1875

As used in this compact:

1876

(A) "Child" means a person who, by reason of minority, is	1877
legally subject to parental, guardianship or similar control.	1878

(B) "Sending agency" means a party state, officer or employee	1879
thereof; a subdivision of a party state, or officer or employee	1880
thereof; a court of a party state; a person, corporation,	1881
association, charitable agency, or other entity which sends,	1882
brings, or causes to be sent or brought any child to another party	1883
state.	1884

(C) "Receiving state" means the state to which a child is	1885
sent, brought, or caused to be sent or brought, whether by public	1886
authorities or private persons or agencies, and whether for	1887
placement with state or local public authorities or for placement	1888
with private agencies or persons.	1889

(D) "Placement" means the arrangement for the care of a child	1890
in a family free or boarding home, or in a child-caring agency or	1891
institution but does not include any institution caring for the	1892
mentally ill, mentally defective, or epileptic, or any institution	1893
primarily educational in character, and any hospital or other	1894
medical facility.	1895

Article III. Conditions for Placement.

1896

(A) No sending agency shall send, bring, or cause to be sent	1897
or brought into any other party state any child for placement in	1898
foster care or as a preliminary to a possible adoption unless the	1899
sending agency shall comply with each and every requirement set	1900
forth in this article and with the applicable laws of the	1901
receiving state governing the placement of children therein.	1902

(B) Prior to sending, bringing or causing any child to be	1903
sent or brought into a receiving state for placement in foster	1904
care or as a preliminary to a possible adoption, the sending	1905
agency shall furnish the appropriate public authorities in the	1906
receiving state written notice of the intention to send, bring, or	1907
place the child in the receiving state. The notice shall contain:	1908

(1) The name, date and place of the birth of the child;

1909

(2) The identity and address or addresses of the parents or	1910
legal guardian;	1911

(3) The name and address of the person, agency, or	1912
institution to or with which the sending agency proposes to send,	1913
bring, or place the child;	1914

(4) A full statement of the reasons for such proposed action	1915
and evidence of the authority pursuant to which the placement is	1916
proposed to be made.	1917

(C) Any public officer or agency in a receiving state which	1918
is in receipt of a notice pursuant to division (B) of this article	1919
may request of the sending agency, or any other appropriate	1920
officer or agency of or in the sending agency's state, and shall	1921
be entitled to receive therefrom, such supporting or additional	1922
information as it may deem necessary under the circumstances to	1923
carry out the purpose and policy of this compact.	1924

(D) The child shall not be sent, brought, or caused to be	1925
sent or brought into the receiving state until the appropriate	1926
public authorities in the receiving state shall notify the sending	1927
agency, in writing, to the effect that the proposed placement does	1928
not appear to be contrary to the interests of the child.	1929

Article IV. Penalty for Illegal Placement.

1930

The sending, bringing, or causing to be sent or brought into	1931
any receiving state of a child in violation of the terms of this	1932
compact shall constitute a violation of the laws respecting the	1933
placement of children of both the state in which the sending	1934
agency is located or from which it sends or brings the child and	1935
of the receiving state. Such violation may be punished or	1936
subjected to penalty in either jurisdiction in accordance with its	1937
laws. In addition to liability for any such punishment or penalty,	1938
any such violation shall constitute full and sufficient grounds	1939
for the suspension or revocation of any license, permit, or other	1940
legal authorization held by the sending agency which empowers or	1941
allows it to place, or care for children.	1942

Article V. Retention of Jurisdiction.

1943

(A) The sending agency shall retain jurisdiction over the	1944
child sufficient to determine all matters in relation to the	1945
custody, supervision, care, treatment and disposition of the child	1946
which it would have had if the child had remained in the sending	1947
agency's state, until the child is adopted, reaches majority,	1948
becomes self-supporting or is discharged with the concurrence of	1949
the appropriate authority in the receiving state. Such	1950
jurisdiction shall also include the power to effect or cause the	1951
return of the child or its transfer to another location and	1952
custody pursuant to law. The sending agency shall continue to have	1953
financial responsibility for support and maintenance of the child	1954
during the period of the placement. Nothing contained herein shall	1955
defeat a claim of jurisdiction by a receiving state sufficient to	1956
deal with an act of delinquency or crime committed therein.	1957

(B) When the sending agency is a public agency, it may enter	1958
into an agreement with an authorized public or private agency in	1959
the receiving state providing for the performance of one or more	1960
services in respect of such case by the latter as agent for the	1961
sending agency.	1962

(C) Nothing in this compact shall be construed to prevent a	1963
private charitable agency authorized to place children in the	1964
receiving state from performing services or acting as agent in	1965
that state for a private charitable agency of the sending state;	1966
nor to prevent the agency in the receiving state from discharging	1967
financial responsibility for the support and maintenance of a	1968
child who has been placed on behalf of the sending agency without	1969
relieving the responsibility set forth in paragraph (A) hereof.	1970

Article VI. Institutional Care of Delinquent Children.

1971

A child adjudicated delinquent may be placed in an	1972
institution in another party jurisdiction pursuant to this compact	1973
but no such placement shall be made unless the child is given a	1974
court hearing on notice to the parent or guardian with opportunity	1975
to be heard prior to his being sent to such other party	1976
jurisdiction for institutional care and the court finds that:	1977

(A) Equivalent facilities for the child are not available in	1978
the sending agency's jurisdiction; and	1979

(B) Institutional care in the other jurisdiction is in the	1980
best interest of the child and will not produce undue hardship.	1981

Article VII. Compact Administrator.

1982

The executive head of each jurisdiction party to this compact	1983
shall designate an officer who shall be general coordinator of	1984
activities under this compact in his jurisdiction and who, acting	1985
jointly with like officers of other party jurisdictions, shall	1986
have power to promulgate rules and regulations to carry out more	1987
effectively the terms and provisions of this compact.	1988

Article VIII. Limitations.

1989

This compact shall not apply to:

1990

(A) The sending or bringing of a child into a receiving state	1991
by his parent, step-parent, grandparent, adult brother or sister,	1992
adult uncle or aunt, or his guardian and leaving the child with	1993
any such relative or non-agency guardian in the receiving state.	1994

(B) Any placement, sending or bringing of a child into a	1995
receiving state pursuant to any other interstate compact to which	1996
both the state from which the child is sent or brought and the	1997
receiving state are party, or to any other agreement between said	1998
states which has the force of law.	1999

Article IX. Enactment and Withdrawal.

2000

This compact shall be open to joinder by any state, territory	2001
or possession of the United States, the District of Columbia, the	2002
Commonwealth of Puerto Rico, and, with the consent of congress,	2003
the government of Canada, or any province thereof. It shall become	2004
effective with respect to any such jurisdiction when such	2005
jurisdiction has enacted the same into law. Withdrawal from this	2006
compact shall be by the enactment of a statute repealing the same,	2007
but shall not take effect until two years after the effective date	2008
of such statute and until written notice of the withdrawal has	2009
been given by the withdrawing state to the governor of each other	2010
party jurisdiction. Withdrawal of a party state shall not affect	2011
the rights, duties and obligations under this compact of any	2012
sending agency therein with respect to a placement made prior to	2013
the effective date of withdrawal.	2014

Article X. Construction and Severability.

2015

The provisions of this compact shall be liberally construed	2016
to effectuate the purposes thereof. The provisions of this compact	2017
shall be severable and if any phrase, clause, sentence or	2018
provision of this compact is declared to be contrary to the	2019
constitution of any party state or of the United States or the	2020
applicability thereof to any government, agency, person, or	2021
circumstance is held invalid, the validity of the remainder of	2022
this compact and the applicability thereof to any government,	2023
agency, person or circumstance shall not be affected thereby. If	2024
this compact shall be held contrary to the constitution of any	2025
state party thereto, the compact shall remain in full force and	2026
effect as to the state affected as to all severable matters.	2027

Sec. 5103.231.  Financial responsibility for any child placed	2028
pursuant to the provisions of the interstate compact on the	2029
placement of children shall be determined in accordance with the	2030
provisions of Article V of section 5103.23 of the Revised Code.	2031
However, in the event of parental or complete default of	2032
performance thereunder, the provisions of laws fixing	2033
responsibility for the support of children also may be invoked.	2034

Sec. 5103.232.  The "appropriate public authorities" as used	2035
in Article III of the interstate compact on the placement of	2036
department of job and family services and that department shall	2037
receive and act with reference to notices required by said Article	2038
III.	2039

Sec. 5103.233.  As used in paragraph (A) of Article V of the	2040
interstate compact on the placement of children, the phrase	2041
"appropriate authority in the receiving state" with reference to	2042
this state shall mean the department of job and family services.	2043

Sec. 5103.234.  The officers and agencies of this state and	2044
its subdivisions having authority to place children are hereby	2045
empowered to enter into agreements with appropriate officers or	2046
agencies of or in other party states pursuant to paragraph (B) of	2047
Article V of the interstate compact on the placement of children.	2048
Any such agreement which contains a financial commitment or	2049
imposes a financial obligation on this state is subject to the	2050
approval of the director of budget and management. Any such	2051
agreement which contains a financial commitment or imposes a	2052
financial obligation on any subdivision of this state shall not be	2053
binding unless it has the approval in writing of the chief local	2054
fiscal officer.	2055

Sec. 5103.235.  Any requirements for visitation, inspection,	2056
or supervision of children, homes, institutions, or other agencies	2057
in another party state which may apply under Chapter 5103. of the	2058
Revised Code shall be deemed to be met if performed pursuant to an	2059
agreement entered into by appropriate officers or agencies of this	2060
state or a subdivision thereof as contemplated by paragraph (B) of	2061
Article V of the interstate compact on the placement of children.	2062

Sec. 5103.236.  Any court having jurisdiction to place	2063
delinquent children may place such a child in an institution in	2064
another state pursuant to Article VI of the interstate compact on	2065
the placement of children and shall retain jurisdiction as	2066
provided in Article V thereof.	2067

Sec. 5103.237.  As used in Article VII of the interstate	2068
compact on the placement of children, the term "executive head"	2069
means the governor. The Governor is hereby authorized to appoint a	2070
compact administrator in accordance with the terms of said Article	2071
VII.	2072

Section 6. That existing sections 2151.23, 2151.39, 3313.64,	2073
and 5103.16 of the Revised Code are hereby repealed.	2074

Section 7. Sections 5103.23 to 5103.237 and the amendments	2075
to sections 2151.23, 2151.39, 3313.64, and 5103.16 of the Revised	2076
Code shall continue in effect until the Interstate Compact for the	2077
Placement of Children contained in sections 5103.20 to 5103.22 of	2078
the Revised Code becomes effective as described in Article XIV of	2079
that Compact, at which time sections 5103.23 to 5103.237 and the	2080
amendments made by this act to sections 2151.23, 2151.39, 3313.64,	2081
and 5103.16 of the Revised Code regarding the Interstate Compact	2082
on the Placement of Children no longer apply.	2083

Section 8. The enactment of the Interstate Compact on the	2084
Placement of Children in Section 9 of this act is a continuation	2085
of the interstate compact of the same name that was repealed in	2086
Am. Sub. S.B. 238 of the 126th General Assembly but remains in	2087
effect according to Article IX of that Compact.	2088

Section 9.  Section 149.43 of the Revised Code is presented	2089
in this act as a composite of the section as amended by both	2090
Sub. H.B. 9 and Sub. H.B. 141 of the 126th General Assembly.	2091
Section 3313.64 of the Revised Code is presented in this act as a	2092
composite of the section as amended by Am. Sub. H.B. 137, Am.	2093
Sub. H.B. 530, Sub. S.B. 164, and Am. Sub. S.B. 238 of the 126th	2094
General Assembly. The General Assembly, applying the principle	2095
stated in division (B) of section 1.52 of the Revised Code that	2096
amendments are to be harmonized if reasonably capable of	2097
simultaneous operation, finds that the composites are the	2098
resulting versions of the sections in effect prior to the	2099
effective date of the sections as presented in this act.	2100