As Reported by the House Juvenile and Family Law Committee

127th General Assembly
Regular Session
2007-2008
Sub. H. B. No. 214


Representatives Wagner, Combs 

Cosponsors: Representatives Seitz, McGregor, J., Stebelton, Brown 



A BILL
To amend sections 2151.152, 2151.23, 2151.39, 1
3313.64, 5103.031, 5103.032, 5103.035, 5103.0312, 2
5103.0313, 5103.16, 5103.391, 5126.04, 5153.122, 3
and 5153.123 and to enact sections 5103.23, 4
5103.231, 5103.232, 5103.233, 5103.234, 5103.235, 5
5103.236, and 5103.237 of the Revised Code 6
relative to training for foster caregivers, 7
department of job and family services authority 8
to begin the child placement level of care pilot 9
program and petition Congress for expanded usage 10
of Title IV-E funding, the Interstate Compact on 11
the Placement of Children, and the coordination 12
of the provision of services for foster children 13
with mental retardation or developmental 14
disabilities.15


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

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

       Sec. 2151.152.  The juvenile judge may enter into an19
agreement with the department of job and family services pursuant20
to section 5101.11 of the Revised Code for the purpose of21
reimbursing the court for foster care maintenance costs and22
associated administrative and training costs incurred on behalf of23
a child eligiblewho is either of the following:24

       (A) Eligible for payments under Title IV-E of the "Social25
Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 670 (1980), and 26
who is in the temporary or permanent custody of the court or 27
subject to a disposition issued under division (A)(5) of section 28
2151.354 or division (A)(7)(a)(ii) or (A)(8) of section 2152.19 of 29
the Revised Code;30

       (B) Determined to be at serious risk of removal from the home 31
and for whom the court has undertaken a plan of reasonable efforts 32
to prevent such removal. The33

       The agreement shall govern the responsibilities and duties 34
the court shall perform in providing services to the child.35

       Sec. 5103.031.  Except as provided in section 5103.033 of the 36
Revised Code, the department of job and family services may not 37
issue a certificate under section 5103.03 of the Revised Code to a 38
foster home unless the prospective foster caregiver successfully39
completes the following amount of preplacement training through a 40
preplacement training program approved by the department of job 41
and family services under section 5103.038 of the Revised Code or 42
preplacement training provided under division (B) of section 43
5103.30 of the Revised Code:44

       (A) If the foster home is a family foster home, at least 45
twenty-fourthirty-six hours;46

       (B) If the foster home is a specialized foster home, at least47
thirty-six hours.48

       Sec. 5103.032.  (A) Except as provided in divisions (B), (C), 49
and (D), and (E) of this section and in section 5103.033 of the 50
Revised Code and subject to division (B) of this section, the51
department of job and family services may not renew a foster home 52
certificate under section 5103.03 of the Revised Code unless the 53
foster caregiver successfully completes the following amount of54
continuing training in accordance with the foster caregiver's 55
needs assessment and continuing training plan developed and 56
implemented under section 5103.035 of the Revised Code:57

       (1) If the foster home is a family foster home, at least 58
forty hours in the preceding two-year period;59

       (2) If the foster home is a specialized foster home, at least 60
sixty hours in the preceding two-year period.61

       The continuing training required by this section shall comply 62
with rules the department adopts pursuant to section 5103.0316 of 63
the Revised Code.64

       (B) A foster caregiver may fulfill up to twenty per cent of 65
the required amount of continuing training described in division 66
(A) of this section by teaching one or more training classes for 67
other foster caregivers or by providing mentorship services to 68
other foster caregivers. The department of job and family services 69
shall adopt rules in accordance with Chapter 119. of the Revised 70
Code as necessary for the qualification of foster caregivers to 71
provide training or mentorship services to other foster 72
caregivers.73

       (C) At the beginning of a foster caregiver's two-year 74
certification period, a public children services agency, private 75
child placing agency, or private noncustodial agency acting as a 76
recommending agency for a foster caregiver holding a certificate 77
issued under section 5103.03 of the Revised Code for a family 78
foster home or specialized foster home may waive up to eight hours79
of continuing training the foster caregiver is otherwise required 80
by division (A) of this section to complete in that two-year 81
certification period if all of the following apply:82

       (1) The foster caregiver has held a certificate issued under 83
section 5103.03 of the Revised Code for a family foster home or 84
specialized foster home for at least two years;85

       (2) The foster caregiver has provided foster care for at 86
least ninety days of the twelve months preceding the date the87
agency issues the waiver;88

       (3) The foster caregiver has not violated any requirements89
governing certification of foster homes during the twelve months90
preceding the date the agency issues the waiver;91

       (4) The foster caregiver has complied in full with the needs92
assessment and continuing training plan developed for the foster93
caregiver under section 5103.035 of the Revised Code for the 94
preceding certification period.95

       (C)(D) Each recommending agency shall establish and implement 96
a policy regarding good cause for a foster caregiver's failure to 97
complete the continuing training in accordance with division (A) 98
of this section. If the foster caregiver complies with the policy, 99
as determined by the agency, the department may renew the foster 100
caregiver's foster home certificate. The agency shall submit the 101
policy to the department and provide a copy to each foster home 102
the agency recommends for certification or renewal. The policy 103
shall include the following:104

       (1) What constitutes good cause, including documented 105
illness, critical emergencies, and lack of accessible training 106
programs;107

       (2) Procedures for developing a scheduled corrective action 108
plan that provides for prompt completion of the continuing 109
training;110

       (3) Procedures for recommending revocation of the foster home111
certificate if the foster caregiver fails to comply with the 112
corrective action plan.113

       (D)(E) A foster caregiver shall be given an additional amount 114
of time within which the foster caregiver must complete the 115
continuing training required under division (A) of this section in 116
accordance with rules adopted by the department of job and family 117
services if either of the following applies:118

        (1) The foster caregiver has served in active duty outside 119
this state with a branch of the armed forces of the United States 120
for more than thirty days in the preceding two-year period.121

        (2) The foster caregiver has served in active duty as a 122
member of the Ohio organized militia, as defined in section 123
5923.01 of the Revised Code, for more than thirty days in the 124
preceding two-year period and that active duty relates to either 125
an emergency in or outside of this state or to military duty in or 126
outside of this state.127

       Sec. 5103.035.  A public children services agency, private 128
child placing agency, or private noncustodial agency acting as a 129
recommending agency for a foster caregiver shall develop and 130
implement a written needs assessment and continuing training plan 131
for the foster caregiver. Each needs assessment and continuing 132
training plan shall satisfy all of the following requirements:133

       (A) Be effective for the two-year period the foster 134
caregiver's certificate is in effect;135

       (B) Be appropriate for the type of foster home the foster136
caregiver operates;137

       (C) Require the foster caregiver to successfully complete the 138
training required by the department in rules adopted pursuant to 139
section 5103.0316 of the Revised Code and any other courses the 140
agency considers appropriate;141

       (D) Include criteria the agency is to use to determine 142
whether the foster caregiver has successfully completed the 143
courses;144

       (E) Guarantee that the courses the foster caregiver is 145
required to complete are available to the foster caregiver at 146
reasonable times and places;147

       (F) Specify the number of hours of continuing training, if 148
any, the foster caregiver may complete by teaching one or more 149
training classes to other foster caregivers or by providing 150
mentoring services to other foster caregivers pursuant to division 151
(B) of section 5103.032 of the Revised Code;152

       (G) Specify the number of hours of continuing training, if 153
any, the agency will waive pursuant to division (B)(C) of section 154
5103.032 of the Revised Code.155

       Sec. 5103.0312.  A public children services agency, private156
child placing agency, or private noncustodial agency acting as a157
recommending agency for a foster caregiver shall payreimburse the158
foster caregiver a stipend to reimburse the foster caregiverin a 159
lump sum for attending a preplacement or continuing training160
program operated under section 5103.034 or 5103.30 of the Revised 161
Code and shall reimburse the foster caregiver a stipend for 162
attending a continuing training program operated under section 163
5103.034 or 5103.30 of the Revised Code. The paymentamount of 164
the lump sum reimbursement and the stipend rate shall be based on 165
a stipend rate established by the department of job and family166
services. The stipend rateand shall be the same regardless of the 167
type of recommending agency from which the foster caregiver seeks 168
a recommendation. The department shall, pursuant to rules adopted 169
under section 5103.0316 of the Revised Code, reimburse the 170
recommending agency for stipend paymentsreimbursements it makes 171
in accordance with this section. No payment shall be madeThe 172
department shall adopt rules under Chapter 119. of the Revised 173
Code regarding the release of lump sum stipends to an individual 174
for attending a preplacement training program if the individual 175
fails to obtain a foster home certificate under section 5103.03 of 176
the Revised Code.177

       Sec. 5103.0313.  Except as provided in section 5103.303 of 178
the Revised Code, the department of job and family services shall 179
compensate a private child placing agency or private noncustodial 180
agency for the cost of procuring or operating preplacement and 181
continuing training programs approved by the department of job and 182
family services under section 5103.038 of the Revised Code for 183
prospective foster caregivers and foster caregivers who are 184
recommended for initial certification or recertification by the 185
agency.186

       The compensation shall be paid to the agency in the form of 187
an allowance to reimburse the agency for each hourthe minimum 188
required amount of preplacement and continuing training provided 189
or received under section 5103.031 or 5103.032 of the Revised 190
Code.191

       Sec. 5103.391.  The director of job and family services shall192
appoint all of the following to serve on the Ohio child welfare 193
training program steering committee:194

       (A) Employees of the department of job and family services;195

        (B) One representative of each of the regional training 196
centers established under section 5103.42 of the Revised Code;197

        (C) One representative of a statewide organization that 198
represents the interests of public children services agencies;199

        (D) One representative of the Ohio child welfare training 200
program coordinator;201

        (E) Two current foster caregivers certified by the department 202
of job and family services under section 5103.03 of the Revised 203
Code;204

       (F) Employees of public children services agencies.205

       Sec. 5126.04.  (A) Each county board of mental retardation 206
and developmental disabilities shall plan and set priorities based 207
on available resources for the provision of facilities, programs, 208
and other services to meet the needs of county residents who are209
individuals with mental retardation and other developmental 210
disabilities, former residents of the county residing in state 211
institutions or placed under purchase of service agreements under 212
section 5123.18 of the Revised Code, and children subject to a 213
determination made pursuant to section 121.38 of the Revised Code.214

       Each county board shall assess the facility and service needs 215
of the individuals with mental retardation and other developmental 216
disabilities who are residents of the county or former residents 217
of the county residing in state institutions or placed under 218
purchase of service agreements under section 5123.18 of the 219
Revised Code.220

       Each county board shall require individual habilitation or 221
service plans for individuals with mental retardation and other 222
developmental disabilities who are being served or who have been 223
determined eligible for services and are awaiting the provision of 224
services. Each board shall ensure that methods of having their 225
service needs evaluated are available.226

       (B)(1) If a foster child is in need of assessment for 227
eligible services or is receiving services from a county board of 228
mental retardation and developmental disabilities and that child 229
is placed in a different county, the agency that placed the child, 230
immediately upon placement, shall inform the county board in the 231
new county all of the following:232

        (a) That a foster child has been placed in that county;233

        (b) The name and other identifying information of the foster 234
child;235

        (c) The name of the foster child's previous county of 236
residence;237

        (d) That the foster child was in need of assessment for 238
eligible services or was receiving services from the county board 239
of mental retardation and developmental disabilities in the 240
previous county.241

        (2) Upon receiving the notice described in division (B)(1) of 242
this section or otherwise learning that the child was in need of 243
assessment for eligible services or was receiving services from a 244
county board of mental retardation and developmental disabilities 245
in the previous county, the county board in the new county shall 246
communicate with the county board of the previous county to 247
determine how services for the foster child shall be provided in 248
accordance with each board's plan and priorities as described in 249
division (A) of this section.250

       If the two county boards are unable to reach an agreement 251
within ten days of the child's placement, the county board in the 252
new county shall send notice to the Ohio department of mental 253
retardation and developmental disabilities of the failure to 254
agree. The department shall decide how services shall be provided 255
for the foster child within ten days of receiving notice that the 256
county boards could not reach an agreement. The department may 257
decide that one, or both, of the county boards shall provide 258
services. The services shall be provided in accordance with the 259
board's plan and priorities as described in division (A) of this 260
section.261

       (C) The department of mental retardation and developmental 262
disabilities may adopt rules in accordance with Chapter 119. of 263
the Revised Code as necessary to implement this section. To the 264
extent that rules adopted under this section apply to the 265
identification and placement of handicapped children under Chapter 266
3323. of the Revised Code, the rules shall be consistent with the 267
standards and procedures established under sections 3323.03 to 268
3323.05 of the Revised Code.269

       (C)(D) The responsibility or authority of a county board to 270
provide services under this chapter does not affect the271
responsibility of any other entity of state or local government to 272
provide services to individuals with mental retardation and 273
developmental disabilities.274

       (D)(E) On or before the first day of February prior to a 275
school year, a county board of mental retardation and 276
developmental disabilities may elect not to participate during 277
that school year in the provision of or contracting for 278
educational services for children ages six through twenty-one 279
years of age, provided that on or before that date the board gives 280
notice of this election to the superintendent of public 281
instruction, each school district in the county, and the 282
educational service center serving the county. If a board makes 283
this election, it shall not have any responsibility for or 284
authority to provide educational services that school year for 285
children ages six through twenty-one years of age. If a board does 286
not make an election for a school year in accordance with this 287
division, the board shall be deemed to have elected to participate 288
during that school year in the provision of or contracting for 289
educational services for children ages six through twenty-one 290
years of age.291

       (E)(F) If a county board of mental retardation and 292
developmental disabilities elects to provide educational services 293
during a school year to individuals six through twenty-one years 294
of age who are multiply handicapped, the board may provide these 295
services to individuals who are appropriately identified and 296
determined eligible pursuant to Chapter 3323. of the Revised Code, 297
and in accordance with applicable rules of the state board of 298
education. The county board may also provide related services to 299
individuals six through twenty-one years of age who have one or 300
more disabling conditions, in accordance with section 3317.20 and301
Chapter 3323. of the Revised Code and applicable rules of the 302
state board of education.303

       Sec. 5153.122.  Each PCSA caseworker hired after January 1, 304
2007, shall complete at least one hundred two hours of in-service 305
training during the first year of the caseworker's continuous 306
employment as a PCSA caseworker, except that the executive 307
director of the public children services agency may waive the 308
training requirement for a school of social work graduate who 309
participated in the university partnership program described in 310
division (D) of section 5101.141 of the Revised Code. The training311
shall consist of courses in recognizing, accepting reports of, and 312
preventing child abuse, neglect, and dependency; assessing child 313
safety; assessing risks; interviewing persons; investigating 314
cases; intervening; providing services to children and their 315
families; the importance of and need for accurate data; 316
preparation for court; maintenance of case record information; and 317
other topics relevant to child abuse, neglect, and dependency. The 318
training shall also include courses in the legal duties of PCSA 319
caseworkers to protect the constitutional and statutory rights of 320
children and families from the initial time of contact during 321
investigation through treatment that shall include instruction 322
regarding parents' rights and the limitations that the Fourth 323
Amendment to the United States Constitution places upon 324
caseworkers and their investigations.325

       After a PCSA caseworker's first year of continuous employment 326
as a PCSA caseworker, the caseworker annually shall complete 327
thirty-six hours of training in areas relevant to the caseworker's 328
assigned duties.329

       During the first two years of continuous employment as a PCSA 330
caseworker, each PCSA caseworker shall complete at least twelve 331
hours of training in recognizing the signs of domestic violence 332
and its relationship to child abuse as established in rules the 333
director of job and family services shall adopt pursuant to 334
Chapter 119. of the Revised Code. The twelve hours may be in 335
addition to the ninety hours of training required during the 336
caseworker's first year of employment or part of the thirty-six 337
hours of training required during the second year of employment.338

       Sec. 5153.123.  Each PCSA caseworker supervisor shall 339
complete at least sixty hours of in-service training during the 340
first year of the supervisor's continuous employment as a PCSA 341
caseworker supervisor. The training shall include courses in 342
screening reports of child abuse, neglect, or dependency. After a 343
PCSA caseworker supervisor's first year of continuous employment 344
as a PCSA caseworker supervisor, the supervisor annually shall 345
complete thirty hours of training in areas relevant to the 346
supervisor's assigned duties. During the first two years of 347
continuous employment as a PCSA caseworker supervisor, each PCSA 348
caseworker supervisor shall complete at least twelve hours of 349
training in recognizing the signs of domestic violence and its 350
relationship to child abuse as established in rules the director 351
of job and family services shall adopt pursuant to Chapter 119. of 352
the Revised Code. The twelve hours may be in addition to the sixty 353
hours of training required during the supervisor's first year of 354
employment or part of the thirty hours of training required during 355
the second year of employment.356

       Section 2. That existing sections 2151.152, 5103.031, 357
5103.032, 5103.035, 5103.0312, 5103.0313, 5103.391, 5126.04, 358
5153.122, and 5153.123 of the Revised Code are hereby repealed.359

       Section 3.  (A) Contingent upon the availability of funding, 360
the Ohio Department of Job and Family Services shall implement and 361
oversee use of a Child Placement Level of Care Tool on a pilot 362
basis. The Department shall implement the pilot program in 363
Cuyahoga County and not more than nine additional counties 364
selected by the Department. The pilot program shall be developed 365
with the participating counties and must be acceptable to all 366
participating counties. A selected county must agree to 367
participate in the pilot program.368

       (B) The pilot program shall begin not later than July 1, 369
2008, and end not later than December 31, 2009. The length of the 370
program shall not include any time expended in preparation for 371
implementation or any post-pilot program evaluation activity.372

       (C)(1) In accordance with sections 125.01 to 125.11 of the 373
Revised Code, the Ohio Department of Job and Family Services shall 374
provide for an independent evaluation of the pilot program to rate 375
the program's success in the following areas: 376

       (a) Placement stability, length of stay, and other outcomes 377
for children;378

       (b) Cost; 379

       (c) Worker satisfaction;380

       (d) Any other criteria the Department determines will be 381
useful in the consideration of statewide implementation.382

       (2) The evaluation design shall include:383

       (a) A comparison of data to historical outcomes or control 384
counties;385

       (b) A retrospective data review of Cuyahoga County's use of 386
the tool;387

       (c) A prospective data evaluation in each of the pilot 388
counties.389

       (D) The Ohio Department of Mental Health shall conduct a 390
study of the children placed using the Child Placement Level of 391
Care Tool, which shall run concurrent with the Ohio Department of 392
Job and Family Services Child Placement Level of Care Tool pilot 393
program. This study shall use both the Child Placement Level of 394
Care Tool and the Ohio Scales in a simultaneous collection of 395
information about children at the time a placement decision is 396
made. Simultaneous data collection using the Ohio Scales and the 397
Placement Level of Care Tool shall be coordinated through 398
collaboration between the Ohio Department of Mental Health and the 399
independent evaluator designated under division (C) of this 400
section to ensure study design integrity and cost efficiency.401

        Based on this data collection from the Ohio Scales and the 402
Child Placement Level of Care Tool, the study shall focus on 403
analyzing any correlations between the initial placement outcomes 404
and initial scores of problem severity and behavioral health 405
functioning. Through a data sharing agreement with the independent 406
evaluator designated in division (C) of this section, the 407
Department of Mental Health shall also analyze data from 408
subsequent administrations of the Ohio Scales Tool and changes in 409
placement level of care for any correlations. Upon completion of 410
the study, the Ohio Department of Mental Health shall send a copy 411
of the results of the study to the independent evaluator 412
designated under division (C) of this section.413

       (E) The independent evaluator designated under division (C) 414
of this section shall send a copy of the evaluator's initial 415
evaluation of the Child Placement Level of Care Tool, the Ohio 416
Department of Mental Health's calibration study designated under 417
division (D) of this section, and the continuity of care analysis 418
designated under division (D) of this section to the Ohio 419
Department of Job and Family Services.420

       (F) The Ohio Department of Job and Family Services may adopt 421
rules in accordance with Chapter 119. of the Revised Code as 422
necessary to carry out the purposes of this section. The 423
Department shall seek maximum federal financial participation to 424
support the pilot and the evaluation.425

       (G) As used in this section:426

       (1) "Child Placement Level of Care Tool" means an assessment 427
tool to be developed by the participating counties to assess a 428
child's placement needs when a child must be removed from the 429
child's own home and cannot be placed with a relative or kin not 430
certified as a foster caregiver that includes assessing a child's 431
behavior, history, psychological state, and the involvement of 432
service systems.433

       (2) "Ohio Scales Tool" means the Ohio Youth Problems, 434
Functioning, ROLES, and Marker Scales (Ohio Scales, Worker Form) 435
used by the Ohio Department of Mental Health to measure outcomes 436
for youth ages five to eighteen.437

       Section 4. The Ohio Department of Job and Family Services may 438
seek federal approval through the United States Department of 439
Health and Human Services to include within funding under Title 440
IV-E of the "Social Security Act," 94 Stat. 501 (1980), 42 U.S.C. 441
670, an additional category of foster care certification, and 442
simplified standards for that certification, for placements in 443
which the child has an existing relationship with the foster 444
caregiver.445

       Section 5. The Ohio Department of Job and Family Services 446
shall partner with the Ohio Department of Mental Retardation and 447
Developmental Disabilities to offer joint cross system briefings 448
to better educate the professionals of both systems for more 449
effective service delivery for dually involved children and 450
families. The joint cross system briefings shall be conducted 451
regularly for one year after the effective date of this act and 452
shall serve as a platform for conducting forums and developing 453
training curriculums for foster caregivers that care for mentally 454
retarded and developmentally disabled children.455

       Section 6. That sections 2151.23, 2151.39, 3313.64, and 456
5103.16 be amended and sections 5103.23, 5103.231, 5103.232, 457
5103.233, 5103.234, 5103.235, 5103.236, and 5103.237 of the 458
Revised Code be enacted to read as follows:459

       Sec. 2151.23.  (A) The juvenile court has exclusive original460
jurisdiction under the Revised Code as follows:461

       (1) Concerning any child who on or about the date specified462
in the complaint, indictment, or information is alleged to have463
violated section 2151.87 of the Revised Code or an order issued464
under that section or to be a juvenile traffic offender or a465
delinquent, unruly, abused, neglected, or dependent child and,466
based on and in relation to the allegation pertaining to the467
child, concerning the parent, guardian, or other person having468
care of a child who is alleged to be an unruly or delinquent child469
for being an habitual or chronic truant;470

       (2) Subject to divisions (G) and (V) of section 2301.03 of 471
the Revised Code, to determine the custody of any child not a ward 472
of another court of this state;473

       (3) To hear and determine any application for a writ of474
habeas corpus involving the custody of a child;475

       (4) To exercise the powers and jurisdiction given the probate 476
division of the court of common pleas in Chapter 5122. of the 477
Revised Code, if the court has probable cause to believe that a 478
child otherwise within the jurisdiction of the court is a mentally 479
ill person subject to hospitalization by court order, as defined 480
in section 5122.01 of the Revised Code;481

       (5) To hear and determine all criminal cases charging adults482
with the violation of any section of this chapter;483

       (6) To hear and determine all criminal cases in which an484
adult is charged with a violation of division (C) of section485
2919.21, division (B)(1) of section 2919.22, section 2919.222,486
division (B) of section 2919.23, or section 2919.24 of the Revised487
Code, provided the charge is not included in an indictment that488
also charges the alleged adult offender with the commission of a489
felony arising out of the same actions that are the basis of the490
alleged violation of division (C) of section 2919.21, division491
(B)(1) of section 2919.22, section 2919.222, division (B) of492
section 2919.23, or section 2919.24 of the Revised Code;493

       (7) Under the interstate compact on juveniles in section494
2151.56 of the Revised Code;495

       (8) Concerning any child who is to be taken into custody496
pursuant to section 2151.31 of the Revised Code, upon being497
notified of the intent to take the child into custody and the498
reasons for taking the child into custody;499

       (9) To hear and determine requests for the extension of500
temporary custody agreements, and requests for court approval of501
permanent custody agreements, that are filed pursuant to section502
5103.15 of the Revised Code;503

       (10) To hear and determine applications for consent to marry504
pursuant to section 3101.04 of the Revised Code;505

       (11) Subject to divisions (G) and (V) of section 2301.03 of 506
the Revised Code, to hear and determine a request for an order for 507
the support of any child if the request is not ancillary to an 508
action for divorce, dissolution of marriage, annulment, or legal509
separation, a criminal or civil action involving an allegation of510
domestic violence, or an action for support brought under Chapter511
3115. of the Revised Code;512

       (12) Concerning an action commenced under section 121.38 of513
the Revised Code;514

       (13) To hear and determine violations of section 3321.38 of515
the Revised Code;516

       (14) To exercise jurisdiction and authority over the parent,517
guardian, or other person having care of a child alleged to be a518
delinquent child, unruly child, or juvenile traffic offender,519
based on and in relation to the allegation pertaining to the520
child;521

       (15) To conduct the hearings, and to make the determinations,522
adjudications, and orders authorized or required under sections523
2152.82 to 2152.85 and Chapter 2950. of the Revised Code regarding524
a child who has been adjudicated a delinquent child and to refer525
the duties conferred upon the juvenile court judge under sections526
2152.82 to 2152.85 and Chapter 2950. of the Revised Code to527
magistrates appointed by the juvenile court judge in accordance528
with Juvenile Rule 40.529

       (B) Except as provided in divisions (G) and (I) of section 530
2301.03 of the Revised Code, the juvenile court has original 531
jurisdiction under the Revised Code:532

       (1) To hear and determine all cases of misdemeanors charging533
adults with any act or omission with respect to any child, which534
act or omission is a violation of any state law or any municipal535
ordinance;536

       (2) To determine the paternity of any child alleged to have537
been born out of wedlock pursuant to sections 3111.01 to 3111.18538
of the Revised Code;539

       (3) Under the uniform interstate family support act in540
Chapter 3115. of the Revised Code;541

       (4) To hear and determine an application for an order for the 542
support of any child, if the child is not a ward of another court 543
of this state;544

       (5) To hear and determine an action commenced under section545
3111.28 of the Revised Code;546

       (6) To hear and determine a motion filed under section547
3119.961 of the Revised Code;548

       (7) To receive filings under section 3109.74 of the Revised 549
Code, and to hear and determine actions arising under sections 550
3109.51 to 3109.80 of the Revised Code.551

        (8) To enforce an order for the return of a child made under 552
the Hague Convention on the Civil Aspects of International Child 553
Abduction pursuant to section 3127.32 of the Revised Code;554

       (9) To grant any relief normally available under the laws of 555
this state to enforce a child custody determination made by a 556
court of another state and registered in accordance with section 557
3127.35 of the Revised Code.558

       (C) The juvenile court, except as to juvenile courts that are 559
a separate division of the court of common pleas or a separate and 560
independent juvenile court, has jurisdiction to hear, determine, 561
and make a record of any action for divorce or legal separation 562
that involves the custody or care of children and that is filed in 563
the court of common pleas and certified by the court of common 564
pleas with all the papers filed in the action to the juvenile 565
court for trial, provided that no certification of that nature 566
shall be made to any juvenile court unless the consent of the 567
juvenile judge first is obtained. After a certification of that 568
nature is made and consent is obtained, the juvenile court shall 569
proceed as if the action originally had been begun in that court, 570
except as to awards for spousal support or support due and unpaid 571
at the time of certification, over which the juvenile court has no 572
jurisdiction.573

       (D) The juvenile court, except as provided in divisions (G) 574
and (I) of section 2301.03 of the Revised Code, has jurisdiction 575
to hear and determine all matters as to custody and support of 576
children duly certified by the court of common pleas to the 577
juvenile court after a divorce decree has been granted, including 578
jurisdiction to modify the judgment and decree of the court of 579
common pleas as the same relate to the custody and support of 580
children.581

       (E) The juvenile court, except as provided in divisions (G) 582
and (I) of section 2301.03 of the Revised Code, has jurisdiction 583
to hear and determine the case of any child certified to the court 584
by any court of competent jurisdiction if the child comes within 585
the jurisdiction of the juvenile court as defined by this section.586

       (F)(1) The juvenile court shall exercise its jurisdiction in587
child custody matters in accordance with sections 3109.04,and588
3127.01 to 3127.53,of the Revised Code and, as applicable, 589
sections 5103.20 to 5103.22 or 5103.23 to 5103.237 of the Revised 590
Code.591

       (2) The juvenile court shall exercise its jurisdiction in592
child support matters in accordance with section 3109.05 of the593
Revised Code.594

       (G) Any juvenile court that makes or modifies an order for595
child support shall comply with Chapters 3119., 3121., 3123., and596
3125. of the Revised Code. If any person required to pay child597
support under an order made by a juvenile court on or after April598
15, 1985, or modified on or after December 1, 1986, is found in599
contempt of court for failure to make support payments under the600
order, the court that makes the finding, in addition to any other601
penalty or remedy imposed, shall assess all court costs arising602
out of the contempt proceeding against the person and require the603
person to pay any reasonable attorney's fees of any adverse party,604
as determined by the court, that arose in relation to the act of605
contempt.606

       (H) If a child who is charged with an act that would be an607
offense if committed by an adult was fourteen years of age or608
older and under eighteen years of age at the time of the alleged609
act and if the case is transferred for criminal prosecution610
pursuant to section 2152.12 of the Revised Code, the juvenile611
court does not have jurisdiction to hear or determine the case612
subsequent to the transfer. The court to which the case is613
transferred for criminal prosecution pursuant to that section has614
jurisdiction subsequent to the transfer to hear and determine the615
case in the same manner as if the case originally had been616
commenced in that court, including, but not limited to,617
jurisdiction to accept a plea of guilty or another plea authorized618
by Criminal Rule 11 or another section of the Revised Code and619
jurisdiction to accept a verdict and to enter a judgment of620
conviction pursuant to the Rules of Criminal Procedure against the621
child for the commission of the offense that was the basis of the622
transfer of the case for criminal prosecution, whether the623
conviction is for the same degree or a lesser degree of the624
offense charged, for the commission of a lesser-included offense,625
or for the commission of another offense that is different from626
the offense charged.627

       (I) If a person under eighteen years of age allegedly commits 628
an act that would be a felony if committed by an adult and if the 629
person is not taken into custody or apprehended for that act until 630
after the person attains twenty-one years of age, the juvenile 631
court does not have jurisdiction to hear or determine any portion 632
of the case charging the person with committing that act. In those 633
circumstances, divisions (A) and (B) of section 2152.12 of the634
Revised Code do not apply regarding the act, and the case charging 635
the person with committing the act shall be a criminal prosecution636
commenced and heard in the appropriate court having jurisdiction 637
of the offense as if the person had been eighteen years of age or 638
older when the person committed the act. All proceedings 639
pertaining to the act shall be within the jurisdiction of the 640
court having jurisdiction of the offense, and that court has all 641
the authority and duties in the case that it has in other criminal 642
cases in that court.643

       Sec. 2151.39.  No person, association or agency, public or644
private, of another state, incorporated or otherwise, shall place645
a child in a family home or with an agency or institution within646
the boundaries of this state, either for temporary or permanent647
care or custody or for adoption, unless such person or association648
has furnished the department of job and family services with a649
medical and social history of the child, pertinent information650
about the family, agency, association, or institution in this651
state with whom the sending party desires to place the child, and652
any other information or financial guaranty required by the653
department to determine whether the proposed placement will meet654
the needs of the child. The department may require the party655
desiring the placement to agree to promptly receive and remove656
from the state a child brought into the state whose placement has657
not proven satisfactorily responsive to the needs of the child at658
any time until the child is adopted, reaches majority, becomes659
self-supporting or is discharged with the concurrence of the660
department. All placements proposed to be made in this state by a661
party located in a state which is a party to the interstate662
compact onfor the placement of children shall be made according 663
to the provisions of sections 5103.20 to 5103.22 of the Revised664
Code, or, if the interstate compact on the placement of children 665
is in effect in this state, all placements proposed to be made in 666
this state by a party located in a state that is a party to that 667
compact shall be made according to the provisions of sections 668
5103.23 to 5103.237 of the Revised Code.669

       Sec. 3313.64.  (A) As used in this section and in section670
3313.65 of the Revised Code:671

       (1)(a) Except as provided in division (A)(1)(b) of this 672
section, "parent" means either parent, unless the parents are673
separated or divorced or their marriage has been dissolved or674
annulled, in which case "parent" means the parent who is the675
residential parent and legal custodian of the child. When a child676
is in the legal custody of a government agency or a person other677
than the child's natural or adoptive parent, "parent" means the678
parent with residual parental rights, privileges, and679
responsibilities. When a child is in the permanent custody of a680
government agency or a person other than the child's natural or681
adoptive parent, "parent" means the parent who was divested of682
parental rights and responsibilities for the care of the child and683
the right to have the child live with the parent and be the legal684
custodian of the child and all residual parental rights,685
privileges, and responsibilities.686

       (b) When a child is the subject of a power of attorney687
executed under sections 3109.51 to 3109.62 of the Revised Code,688
"parent" means the grandparent designated as attorney in fact 689
under the power of attorney. When a child is the subject of a 690
caretaker authorization affidavit executed under sections 3109.64 691
to 3109.73 of the Revised Code, "parent" means the grandparent 692
that executed the affidavit.693

       (2) "Legal custody," "permanent custody," and "residual694
parental rights, privileges, and responsibilities" have the same695
meanings as in section 2151.011 of the Revised Code.696

       (3) "School district" or "district" means a city, local, or697
exempted village school district and excludes any school operated698
in an institution maintained by the department of youth services.699

       (4) Except as used in division (C)(2) of this section, "home" 700
means a home, institution, foster home, group home, or other 701
residential facility in this state that receives and cares for 702
children, to which any of the following applies:703

       (a) The home is licensed, certified, or approved for such704
purpose by the state or is maintained by the department of youth705
services.706

       (b) The home is operated by a person who is licensed,707
certified, or approved by the state to operate the home for such708
purpose.709

       (c) The home accepted the child through a placement by a710
person licensed, certified, or approved to place a child in such a711
home by the state.712

       (d) The home is a children's home created under section713
5153.21 or 5153.36 of the Revised Code.714

       (5) "Agency" means all of the following:715

       (a) A public children services agency;716

       (b) An organization that holds a certificate issued by the717
Ohio department of job and family services in accordance with the718
requirements of section 5103.03 of the Revised Code and assumes719
temporary or permanent custody of children through commitment,720
agreement, or surrender, and places children in family homes for721
the purpose of adoption;722

       (c) Comparable agencies of other states or countries that723
have complied with applicable requirements of section 2151.39,of 724
the Revised Code or, as applicable, sections 5103.20 to 5103.22 or 725
5103.23 to 5103.237 of the Revised Code.726

       (6) A child is placed for adoption if either of the following 727
occurs:728

       (a) An agency to which the child has been permanently729
committed or surrendered enters into an agreement with a person730
pursuant to section 5103.16 of the Revised Code for the care and731
adoption of the child.732

       (b) The child's natural parent places the child pursuant to733
section 5103.16 of the Revised Code with a person who will care734
for and adopt the child.735

       (7) "Handicapped preschool child" means a handicapped child,736
as defined by division (A) of section 3323.01 of the Revised Code,737
who is at least three years of age but is not of compulsory school738
age, as defined in section 3321.01 of the Revised Code, and who is739
not currently enrolled in kindergarten.740

       (8) "Child," unless otherwise indicated, includes handicapped741
preschool children.742

       (9) "Active duty" means active duty pursuant to an executive 743
order of the president of the United States, an act of the 744
congress of the United States, or section 5919.29 or 5923.21 of 745
the Revised Code.746

       (B) Except as otherwise provided in section 3321.01 of the747
Revised Code for admittance to kindergarten and first grade, a748
child who is at least five but under twenty-two years of age and749
any handicapped preschool child shall be admitted to school as750
provided in this division.751

       (1) A child shall be admitted to the schools of the school752
district in which the child's parent resides.753

       (2) A child who does not reside in the district where the754
child's parent resides shall be admitted to the schools of the755
district in which the child resides if any of the following756
applies:757

       (a) The child is in the legal or permanent custody of a758
government agency or a person other than the child's natural or759
adoptive parent.760

       (b) The child resides in a home.761

       (c) The child requires special education.762

       (3) A child who is not entitled under division (B)(2) of this 763
section to be admitted to the schools of the district where the 764
child resides and who is residing with a resident of this state 765
with whom the child has been placed for adoption shall be admitted766
to the schools of the district where the child resides unless 767
either of the following applies:768

       (a) The placement for adoption has been terminated.769

       (b) Another school district is required to admit the child770
under division (B)(1) of this section.771

       Division (B) of this section does not prohibit the board of772
education of a school district from placing a handicapped child773
who resides in the district in a special education program outside774
of the district or its schools in compliance with Chapter 3323. of775
the Revised Code.776

       (C) A district shall not charge tuition for children admitted 777
under division (B)(1) or (3) of this section. If the district 778
admits a child under division (B)(2) of this section, tuition 779
shall be paid to the district that admits the child as follows:780

       (1) If the child receives special education in accordance781
with Chapter 3323. of the Revised Code, the school district of 782
residence, as defined in section 3323.01 of the Revised Code, 783
shall pay tuition for the child in accordance with section 784
3323.091, 3323.13, 3323.14, or 3323.141 of the Revised Code 785
regardless of who has custody of the child or whether the child 786
resides in a home.787

       (2) For a child that does not receive special education in 788
accordance with Chapter 3323. of the Revised Code, except as 789
otherwise provided in division (C)(2)(d) of this section, if the 790
child is in the permanent or legal custody of a government agency 791
or person other than the child's parent, tuition shall be paid by:792

       (a) The district in which the child's parent resided at the793
time the court removed the child from home or at the time the794
court vested legal or permanent custody of the child in the person795
or government agency, whichever occurred first;796

       (b) If the parent's residence at the time the court removed797
the child from home or placed the child in the legal or permanent798
custody of the person or government agency is unknown, tuition799
shall be paid by the district in which the child resided at the800
time the child was removed from home or placed in legal or801
permanent custody, whichever occurred first;802

       (c) If a school district cannot be established under division 803
(C)(2)(a) or (b) of this section, tuition shall be paid by the 804
district determined as required by section 2151.362 of the Revised 805
Code by the court at the time it vests custody of the child in the 806
person or government agency;807

       (d) If at the time the court removed the child from home or808
vested legal or permanent custody of the child in the person or809
government agency, whichever occurred first, one parent was in a810
residential or correctional facility or a juvenile residential811
placement and the other parent, if living and not in such a812
facility or placement, was not known to reside in this state,813
tuition shall be paid by the district determined under division814
(D) of section 3313.65 of the Revised Code as the district815
required to pay any tuition while the parent was in such facility816
or placement;817

       (e) If the court has modified its order as to which district 818
is responsible to bear the cost of educating the child pursuant to 819
division (A)(2) of section 2151.362 of the Revised Code, the 820
district determined to be responsible for that cost in the order 821
so modified.822

       (3) If the child is not in the permanent or legal custody of823
a government agency or person other than the child's parent and824
the child resides in a home, tuition shall be paid by one of the825
following:826

       (a) The school district in which the child's parent resides;827

       (b) If the child's parent is not a resident of this state,828
the home in which the child resides.829

       (D) Tuition required to be paid under divisions (C)(2) and830
(3)(a) of this section shall be computed in accordance with831
section 3317.08 of the Revised Code. Tuition required to be paid832
under division (C)(3)(b) of this section shall be computed in833
accordance with section 3317.081 of the Revised Code. If a home834
fails to pay the tuition required by division (C)(3)(b) of this835
section, the board of education providing the education may836
recover in a civil action the tuition and the expenses incurred in837
prosecuting the action, including court costs and reasonable838
attorney's fees. If the prosecuting attorney or city director of839
law represents the board in such action, costs and reasonable840
attorney's fees awarded by the court, based upon the prosecuting841
attorney's, director's, or one of their designee's time spent842
preparing and presenting the case, shall be deposited in the843
county or city general fund.844

       (E) A board of education may enroll a child free of any845
tuition obligation for a period not to exceed sixty days, on the846
sworn statement of an adult resident of the district that the847
resident has initiated legal proceedings for custody of the child.848

       (F) In the case of any individual entitled to attend school849
under this division, no tuition shall be charged by the school850
district of attendance and no other school district shall be851
required to pay tuition for the individual's attendance.852
Notwithstanding division (B), (C), or (E) of this section:853

       (1) All persons at least eighteen but under twenty-two years854
of age who live apart from their parents, support themselves by855
their own labor, and have not successfully completed the high856
school curriculum or the individualized education program857
developed for the person by the high school pursuant to section858
3323.08 of the Revised Code, are entitled to attend school in the859
district in which they reside.860

       (2) Any child under eighteen years of age who is married is861
entitled to attend school in the child's district of residence.862

       (3) A child is entitled to attend school in the district in863
which either of the child's parents is employed if the child has a864
medical condition that may require emergency medical attention.865
The parent of a child entitled to attend school under division866
(F)(3) of this section shall submit to the board of education of867
the district in which the parent is employed a statement from the868
child's physician certifying that the child's medical condition869
may require emergency medical attention. The statement shall be870
supported by such other evidence as the board may require.871

       (4) Any child residing with a person other than the child's872
parent is entitled, for a period not to exceed twelve months, to873
attend school in the district in which that person resides if the874
child's parent files an affidavit with the superintendent of the875
district in which the person with whom the child is living resides876
stating all of the following:877

       (a) That the parent is serving outside of the state in the878
armed services of the United States;879

       (b) That the parent intends to reside in the district upon880
returning to this state;881

       (c) The name and address of the person with whom the child is 882
living while the parent is outside the state.883

       (5) Any child under the age of twenty-two years who, after884
the death of a parent, resides in a school district other than the885
district in which the child attended school at the time of the886
parent's death is entitled to continue to attend school in the887
district in which the child attended school at the time of the888
parent's death for the remainder of the school year, subject to889
approval of that district board.890

       (6) A child under the age of twenty-two years who resides891
with a parent who is having a new house built in a school district892
outside the district where the parent is residing is entitled to893
attend school for a period of time in the district where the new894
house is being built. In order to be entitled to such attendance,895
the parent shall provide the district superintendent with the896
following:897

       (a) A sworn statement explaining the situation, revealing the 898
location of the house being built, and stating the parent's899
intention to reside there upon its completion;900

       (b) A statement from the builder confirming that a new house901
is being built for the parent and that the house is at the902
location indicated in the parent's statement.903

       (7) A child under the age of twenty-two years residing with a904
parent who has a contract to purchase a house in a school district 905
outside the district where the parent is residing and who is 906
waiting upon the date of closing of the mortgage loan for the907
purchase of such house is entitled to attend school for a period908
of time in the district where the house is being purchased. In909
order to be entitled to such attendance, the parent shall provide910
the district superintendent with the following:911

       (a) A sworn statement explaining the situation, revealing the 912
location of the house being purchased, and stating the parent's 913
intent to reside there;914

       (b) A statement from a real estate broker or bank officer915
confirming that the parent has a contract to purchase the house,916
that the parent is waiting upon the date of closing of the917
mortgage loan, and that the house is at the location indicated in918
the parent's statement.919

       The district superintendent shall establish a period of time920
not to exceed ninety days during which the child entitled to921
attend school under division (F)(6) or (7) of this section may922
attend without tuition obligation. A student attending a school923
under division (F)(6) or (7) of this section shall be eligible to924
participate in interscholastic athletics under the auspices of925
that school, provided the board of education of the school926
district where the student's parent resides, by a formal action,927
releases the student to participate in interscholastic athletics928
at the school where the student is attending, and provided the929
student receives any authorization required by a public agency or930
private organization of which the school district is a member931
exercising authority over interscholastic sports.932

       (8) A child whose parent is a full-time employee of a city,933
local, or exempted village school district, or of an educational934
service center, may be admitted to the schools of the district935
where the child's parent is employed, or in the case of a child936
whose parent is employed by an educational service center, in the937
district that serves the location where the parent's job is938
primarily located, provided the district board of education939
establishes such an admission policy by resolution adopted by a940
majority of its members. Any such policy shall take effect on the941
first day of the school year and the effective date of any942
amendment or repeal may not be prior to the first day of the943
subsequent school year. The policy shall be uniformly applied to944
all such children and shall provide for the admission of any such945
child upon request of the parent. No child may be admitted under946
this policy after the first day of classes of any school year.947

       (9) A child who is with the child's parent under the care of948
a shelter for victims of domestic violence, as defined in section949
3113.33 of the Revised Code, is entitled to attend school free in950
the district in which the child is with the child's parent, and no951
other school district shall be required to pay tuition for the952
child's attendance in that school district.953

       The enrollment of a child in a school district under this954
division shall not be denied due to a delay in the school955
district's receipt of any records required under section 3313.672956
of the Revised Code or any other records required for enrollment. 957
Any days of attendance and any credits earned by a child while958
enrolled in a school district under this division shall be959
transferred to and accepted by any school district in which the960
child subsequently enrolls. The state board of education shall961
adopt rules to ensure compliance with this division.962

       (10) Any child under the age of twenty-two years whose parent963
has moved out of the school district after the commencement of964
classes in the child's senior year of high school is entitled,965
subject to the approval of that district board, to attend school966
in the district in which the child attended school at the time of967
the parental move for the remainder of the school year and for one968
additional semester or equivalent term. A district board may also969
adopt a policy specifying extenuating circumstances under which a970
student may continue to attend school under division (F)(10) of971
this section for an additional period of time in order to972
successfully complete the high school curriculum for the973
individualized education program developed for the student by the974
high school pursuant to section 3323.08 of the Revised Code.975

       (11) As used in this division, "grandparent" means a parent976
of a parent of a child. A child under the age of twenty-two years977
who is in the custody of the child's parent, resides with a978
grandparent, and does not require special education is entitled to979
attend the schools of the district in which the child's980
grandparent resides, provided that, prior to such attendance in981
any school year, the board of education of the school district in982
which the child's grandparent resides and the board of education983
of the school district in which the child's parent resides enter984
into a written agreement specifying that good cause exists for985
such attendance, describing the nature of this good cause, and986
consenting to such attendance.987

       In lieu of a consent form signed by a parent, a board of988
education may request the grandparent of a child attending school989
in the district in which the grandparent resides pursuant to990
division (F)(11) of this section to complete any consent form991
required by the district, including any authorization required by992
sections 3313.712, 3313.713, 3313.716, and 3313.718 of the Revised 993
Code. Upon request, the grandparent shall complete any consent 994
form required by the district. A school district shall not incur 995
any liability solely because of its receipt of a consent form from 996
a grandparent in lieu of a parent.997

       Division (F)(11) of this section does not create, and shall998
not be construed as creating, a new cause of action or substantive999
legal right against a school district, a member of a board of1000
education, or an employee of a school district. This section does1001
not affect, and shall not be construed as affecting, any1002
immunities from defenses to tort liability created or recognized1003
by Chapter 2744. of the Revised Code for a school district,1004
member, or employee.1005

       (12) A child under the age of twenty-two years is entitled to 1006
attend school in a school district other than the district in1007
which the child is entitled to attend school under division (B),1008
(C), or (E) of this section provided that, prior to such1009
attendance in any school year, both of the following occur:1010

       (a) The superintendent of the district in which the child is1011
entitled to attend school under division (B), (C), or (E) of this1012
section contacts the superintendent of another district for1013
purposes of this division;1014

       (b) The superintendents of both districts enter into a1015
written agreement that consents to the attendance and specifies1016
that the purpose of such attendance is to protect the student's1017
physical or mental well-being or to deal with other extenuating1018
circumstances deemed appropriate by the superintendents.1019

       While an agreement is in effect under this division for a1020
student who is not receiving special education under Chapter 3323.1021
of the Revised Code and notwithstanding Chapter 3327. of the1022
Revised Code, the board of education of neither school district1023
involved in the agreement is required to provide transportation1024
for the student to and from the school where the student attends.1025

       A student attending a school of a district pursuant to this1026
division shall be allowed to participate in all student1027
activities, including interscholastic athletics, at the school1028
where the student is attending on the same basis as any student1029
who has always attended the schools of that district while of1030
compulsory school age.1031

       (13) All school districts shall comply with the1032
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et1033
seq., for the education of homeless children. Each city, local,1034
and exempted village school district shall comply with the1035
requirements of that act governing the provision of a free,1036
appropriate public education, including public preschool, to each1037
homeless child.1038

       When a child loses permanent housing and becomes a homeless1039
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is1040
such a homeless person changes temporary living arrangements, the1041
child's parent or guardian shall have the option of enrolling the1042
child in either of the following:1043

       (a) The child's school of origin, as defined in 42 U.S.C.A.1044
11432(g)(3)(C);1045

       (b) The school that is operated by the school district in1046
which the shelter where the child currently resides is located and1047
that serves the geographic area in which the shelter is located.1048

       (14) A child under the age of twenty-two years who resides 1049
with a person other than the child's parent is entitled to attend 1050
school in the school district in which that person resides if both 1051
of the following apply:1052

       (a) That person has been appointed, through a military power 1053
of attorney executed under section 574(a) of the "National Defense 1054
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10 1055
U.S.C. 1044b, or through a comparable document necessary to 1056
complete a family care plan, as the parent's agent for the care, 1057
custody, and control of the child while the parent is on active 1058
duty as a member of the national guard or a reserve unit of the 1059
armed forces of the United States or because the parent is a 1060
member of the armed forces of the United States and is on a duty 1061
assignment away from the parent's residence.1062

       (b) The military power of attorney or comparable document 1063
includes at least the authority to enroll the child in school.1064

        The entitlement to attend school in the district in which the 1065
parent's agent under the military power of attorney or comparable 1066
document resides applies until the end of the school year in which 1067
the military power of attorney or comparable document expires.1068

       (G) A board of education, after approving admission, may1069
waive tuition for students who will temporarily reside in the1070
district and who are either of the following:1071

       (1) Residents or domiciliaries of a foreign nation who1072
request admission as foreign exchange students;1073

       (2) Residents or domiciliaries of the United States but not1074
of Ohio who request admission as participants in an exchange1075
program operated by a student exchange organization.1076

       (H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04, 1077
3327.04, and 3327.06 of the Revised Code, a child may attend 1078
school or participate in a special education program in a school 1079
district other than in the district where the child is entitled to 1080
attend school under division (B) of this section.1081

       (I)(1) Notwithstanding anything to the contrary in this 1082
section or section 3313.65 of the Revised Code, a child under 1083
twenty-two years of age may attend school in the school district 1084
in which the child, at the end of the first full week of October 1085
of the school year, was entitled to attend school as otherwise 1086
provided under this section or section 3313.65 of the Revised 1087
Code, if at that time the child was enrolled in the schools of the 1088
district but since that time the child or the child's parent has 1089
relocated to a new address located outside of that school district 1090
and within the same county as the child's or parent's address 1091
immediately prior to the relocation. The child may continue to 1092
attend school in the district, and at the school to which the 1093
child was assigned at the end of the first full week of October of 1094
the current school year, for the balance of the school year. 1095
Division (I)(1) of this section applies only if both of the 1096
following conditions are satisfied:1097

       (a) The board of education of the school district in which 1098
the child was entitled to attend school at the end of the first 1099
full week in October and of the district to which the child or 1100
child's parent has relocated each has adopted a policy to enroll 1101
children described in division (I)(1) of this section.1102

       (b) The child's parent provides written notification of the 1103
relocation outside of the school district to the superintendent of 1104
each of the two school districts.1105

       (2) At the beginning of the school year following the school 1106
year in which the child or the child's parent relocated outside of 1107
the school district as described in division (I)(1) of this 1108
section, the child is not entitled to attend school in the school 1109
district under that division.1110

       (3) Any person or entity owing tuition to the school district 1111
on behalf of the child at the end of the first full week in 1112
October, as provided in division (C) of this section, shall 1113
continue to owe such tuition to the district for the child's 1114
attendance under division (I)(1) of this section for the lesser of 1115
the balance of the school year or the balance of the time that the 1116
child attends school in the district under division (I)(1) of this 1117
section.1118

       (4) A pupil who may attend school in the district under 1119
division (I)(1) of this section shall be entitled to 1120
transportation services pursuant to an agreement between the 1121
district and the district in which the child or child's parent has 1122
relocated unless the districts have not entered into such 1123
agreement, in which case the child shall be entitled to 1124
transportation services in the same manner as a pupil attending 1125
school in the district under interdistrict open enrollment as 1126
described in division (H) of section 3313.981 of the Revised Code, 1127
regardless of whether the district has adopted an open enrollment 1128
policy as described in division (B)(1)(b) or (c) of section 1129
3313.98 of the Revised Code.1130

       (J) This division does not apply to a child receiving special 1131
education.1132

       A school district required to pay tuition pursuant to1133
division (C)(2) or (3) of this section or section 3313.65 of the1134
Revised Code shall have an amount deducted under division (F) of1135
section 3317.023 of the Revised Code equal to its own tuition rate1136
for the same period of attendance. A school district entitled to1137
receive tuition pursuant to division (C)(2) or (3) of this section1138
or section 3313.65 of the Revised Code shall have an amount1139
credited under division (F) of section 3317.023 of the Revised1140
Code equal to its own tuition rate for the same period of1141
attendance. If the tuition rate credited to the district of1142
attendance exceeds the rate deducted from the district required to1143
pay tuition, the department of education shall pay the district of1144
attendance the difference from amounts deducted from all1145
districts' payments under division (F) of section 3317.023 of the1146
Revised Code but not credited to other school districts under such1147
division and from appropriations made for such purpose. The1148
treasurer of each school district shall, by the fifteenth day of1149
January and July, furnish the superintendent of public instruction1150
a report of the names of each child who attended the district's1151
schools under divisions (C)(2) and (3) of this section or section1152
3313.65 of the Revised Code during the preceding six calendar1153
months, the duration of the attendance of those children, the1154
school district responsible for tuition on behalf of the child,1155
and any other information that the superintendent requires.1156

       Upon receipt of the report the superintendent, pursuant to1157
division (F) of section 3317.023 of the Revised Code, shall deduct1158
each district's tuition obligations under divisions (C)(2) and (3)1159
of this section or section 3313.65 of the Revised Code and pay to1160
the district of attendance that amount plus any amount required to1161
be paid by the state.1162

       (K) In the event of a disagreement, the superintendent of1163
public instruction shall determine the school district in which1164
the parent resides.1165

       (L) Nothing in this section requires or authorizes, or shall1166
be construed to require or authorize, the admission to a public1167
school in this state of a pupil who has been permanently excluded1168
from public school attendance by the superintendent of public1169
instruction pursuant to sections 3301.121 and 3313.662 of the1170
Revised Code.1171

       (M) In accordance with division (B)(1) of this section, a 1172
child whose parent is a member of the national guard or a reserve 1173
unit of the armed forces of the United States and is called to 1174
active duty, or a child whose parent is a member of the armed 1175
forces of the United States and is ordered to a temporary duty 1176
assignment outside of the district, may continue to attend school 1177
in the district in which the child's parent lived before being 1178
called to active duty or ordered to a temporary duty assignment 1179
outside of the district, as long as the child's parent continues 1180
to be a resident of that district, and regardless of where the 1181
child lives as a result of the parent's active duty status or 1182
temporary duty assignment. However, the district is not 1183
responsible for providing transportation for the child if the 1184
child lives outside of the district as a result of the parent's 1185
active duty status or temporary duty assignment.1186

       Sec. 5103.16.  (A) Pursuant to section 5103.18 of the Revised 1187
Code and except as otherwise provided in this section, no child 1188
shall be placed or accepted for placement under any written or 1189
oral agreement or understanding that transfers or surrenders the 1190
legal rights, powers, or duties of the legal parent, parents, or 1191
guardian of the child into the temporary or permanent custody of 1192
any association or institution that is not certified by the 1193
department of job and family services under section 5103.03 of the 1194
Revised Code, without the written consent of the office in the 1195
department that oversees the interstate compact onfor placement 1196
of children established under section 5103.20 of the Revised Code 1197
or the interstate compact on the placement of children established 1198
under section 5103.23 of the Revised Code, as applicable, or by a 1199
commitment of a juvenile court, or by a commitment of a probate 1200
court as provided in this section. A child may be placed 1201
temporarily without written consent or court commitment with 1202
persons related by blood or marriage or in a legally licensed 1203
boarding home.1204

       (B)(1) Associations and institutions certified under section1205
5103.03 of the Revised Code for the purpose of placing children in1206
free foster homes or for legal adoption shall keep a record of the1207
temporary and permanent surrenders of children. This record shall1208
be available for separate statistics, which shall include a copy1209
of an official birth record and all information concerning the1210
social, mental, and medical history of the children that will aid1211
in an intelligent disposition of the children in case that becomes1212
necessary because the parents or guardians fail or are unable to1213
reassume custody.1214

       (2) No child placed on a temporary surrender with an1215
association or institution shall be placed permanently in a foster1216
home or for legal adoption. All surrendered children who are1217
placed permanently in foster homes or for adoption shall have been1218
permanently surrendered, and a copy of the permanent surrender1219
shall be a part of the separate record kept by the association or1220
institution.1221

       (C) Any agreement or understanding to transfer or surrender1222
the legal rights, powers, or duties of the legal parent or parents1223
and place a child with a person seeking to adopt the child under1224
this section shall be construed to contain a promise by the person1225
seeking to adopt the child to pay the expenses listed in divisions1226
(C)(1), (2), and (4) of section 3107.055 of the Revised Code and,1227
if the person seeking to adopt the child refuses to accept1228
placement of the child, to pay the temporary costs of routine1229
maintenance and medical care for the child in a hospital, foster1230
home, or other appropriate place for up to thirty days or until1231
other custody is established for the child, as provided by law,1232
whichever is less.1233

       (D) No child shall be placed or received for adoption or with 1234
intent to adopt unless placement is made by a public children1235
services agency, an institution or association that is certified1236
by the department of job and family services under section 5103.031237
of the Revised Code to place children for adoption, or custodians1238
in another state or foreign country, or unless all of the1239
following criteria are met:1240

       (1) Prior to the placement and receiving of the child, the1241
parent or parents of the child personally have applied to, and1242
appeared before, the probate court of the county in which the1243
parent or parents reside, or in which the person seeking to adopt1244
the child resides, for approval of the proposed placement1245
specified in the application and have signed and filed with the1246
court a written statement showing that the parent or parents are1247
aware of their right to contest the decree of adoption subject to1248
the limitations of section 3107.16 of the Revised Code;1249

       (2) The court ordered an independent home study of the1250
proposed placement to be conducted as provided in section 3107.031 1251
of the Revised Code, and after completion of the home study, the1252
court determined that the proposed placement is in the best1253
interest of the child;1254

       (3) The court has approved of record the proposed placement.1255

       In determining whether a custodian has authority to place1256
children for adoption under the laws of a foreign country, the1257
probate court shall determine whether the child has been released1258
for adoption pursuant to the laws of the country in which the1259
child resides, and if the release is in a form that satisfies the1260
requirements of the immigration and naturalization service of the1261
United States department of justice for purposes of immigration to1262
this country pursuant to section 101(b)(1)(F) of the "Immigration1263
and Nationality Act," 75 Stat. 650 (1961), 8 U.S.C. 11011264
(b)(1)(F), as amended or reenacted.1265

       If the parent or parents of the child are deceased or have1266
abandoned the child, as determined under division (A) of section1267
3107.07 of the Revised Code, the application for approval of the1268
proposed adoptive placement may be brought by the relative seeking1269
to adopt the child, or by the department, board, or organization1270
not otherwise having legal authority to place the orphaned or1271
abandoned child for adoption, but having legal custody of the1272
orphaned or abandoned child, in the probate court of the county in1273
which the child is a resident, or in which the department, board,1274
or organization is located, or where the person or persons with1275
whom the child is to be placed reside. Unless the parent, parents,1276
or guardian of the person of the child personally have appeared1277
before the court and applied for approval of the placement, notice1278
of the hearing on the application shall be served on the parent,1279
parents, or guardian.1280

       The consent to placement, surrender, or adoption executed by1281
a minor parent before a judge of the probate court or an1282
authorized deputy or referee of the court, whether executed within1283
or outside the confines of the court, is as valid as though1284
executed by an adult. A consent given as above before an employee1285
of a children services agency that is licensed as provided by law,1286
is equally effective, if the consent also is accompanied by an1287
affidavit executed by the witnessing employee or employees to the1288
effect that the legal rights of the parents have been fully1289
explained to the parents, prior to the execution of any consent,1290
and that the action was done after the birth of the child.1291

       If the court approves a placement, the prospective adoptive1292
parent with whom the child is placed has care, custody, and1293
control of the child pending further order of the court.1294

       (E) This section does not apply to an adoption by a1295
stepparent, a grandparent, or a guardian.1296

       Sec. 5103.23.  The interstate compact on the placement of1297
children is hereby enacted into law and entered into with all1298
other jurisdictions legally joining therein in form substantially1299
as follows:1300

       Article I. Purpose and Policy.1301

       It is the purpose and policy of the party states to cooperate 1302
with each other in the interstate placement of children to the end 1303
that:1304

       (A) Each child requiring placement shall receive the maximum 1305
opportunity to be placed in a suitable environment and with 1306
persons or institutions having appropriate qualifications and 1307
facilities to provide a necessary and desirable degree and type of 1308
care.1309

       (B) The appropriate authorities in a state where a child is 1310
to be placed may have full opportunity to ascertain the1311
circumstances of the proposed placement, thereby promoting full1312
compliance with applicable requirements for the protection of the1313
child.1314

       (C) The proper authorities of the state from which the1315
placement is made may obtain the most complete information on the1316
basis of which to evaluate a projected placement before it is1317
made.1318

       (D) Appropriate jurisdictional arrangements for the care of 1319
children will be promoted.1320

       Article II. Definitions.1321

       As used in this compact:1322

       (A) "Child" means a person who, by reason of minority, is1323
legally subject to parental, guardianship or similar control.1324

       (B) "Sending agency" means a party state, officer or employee 1325
thereof; a subdivision of a party state, or officer or employee 1326
thereof; a court of a party state; a person, corporation, 1327
association, charitable agency, or other entity which sends, 1328
brings, or causes to be sent or brought any child to another party 1329
state.1330

       (C) "Receiving state" means the state to which a child is1331
sent, brought, or caused to be sent or brought, whether by public1332
authorities or private persons or agencies, and whether for1333
placement with state or local public authorities or for placement1334
with private agencies or persons.1335

       (D) "Placement" means the arrangement for the care of a child 1336
in a family free or boarding home, or in a child-caring agency or 1337
institution but does not include any institution caring for the 1338
mentally ill, mentally defective, or epileptic, or any institution 1339
primarily educational in character, and any hospital or other 1340
medical facility.1341

       Article III. Conditions for Placement.1342

       (A) No sending agency shall send, bring, or cause to be sent 1343
or brought into any other party state any child for placement in 1344
foster care or as a preliminary to a possible adoption unless the 1345
sending agency shall comply with each and every requirement set 1346
forth in this article and with the applicable laws of the 1347
receiving state governing the placement of children therein.1348

       (B) Prior to sending, bringing or causing any child to be1349
sent or brought into a receiving state for placement in foster1350
care or as a preliminary to a possible adoption, the sending1351
agency shall furnish the appropriate public authorities in the1352
receiving state written notice of the intention to send, bring, or 1353
place the child in the receiving state. The notice shall contain:1354

       (1) The name, date and place of the birth of the child;1355

       (2) The identity and address or addresses of the parents or 1356
legal guardian;1357

       (3) The name and address of the person, agency, or1358
institution to or with which the sending agency proposes to send,1359
bring, or place the child;1360

       (4) A full statement of the reasons for such proposed action 1361
and evidence of the authority pursuant to which the placement is 1362
proposed to be made.1363

       (C) Any public officer or agency in a receiving state which 1364
is in receipt of a notice pursuant to division (B) of this article 1365
may request of the sending agency, or any other appropriate 1366
officer or agency of or in the sending agency's state, and shall 1367
be entitled to receive therefrom, such supporting or additional 1368
information as it may deem necessary under the circumstances to 1369
carry out the purpose and policy of this compact.1370

       (D) The child shall not be sent, brought, or caused to be 1371
sent or brought into the receiving state until the appropriate 1372
public authorities in the receiving state shall notify the sending 1373
agency, in writing, to the effect that the proposed placement does 1374
not appear to be contrary to the interests of the child.1375

       Article IV. Penalty for Illegal Placement.1376

       The sending, bringing, or causing to be sent or brought into 1377
any receiving state of a child in violation of the terms of this 1378
compact shall constitute a violation of the laws respecting the 1379
placement of children of both the state in which the sending1380
agency is located or from which it sends or brings the child and1381
of the receiving state. Such violation may be punished or1382
subjected to penalty in either jurisdiction in accordance with its 1383
laws. In addition to liability for any such punishment or penalty, 1384
any such violation shall constitute full and sufficient grounds 1385
for the suspension or revocation of any license, permit, or other 1386
legal authorization held by the sending agency which empowers or 1387
allows it to place, or care for children.1388

       Article V. Retention of Jurisdiction.1389

       (A) The sending agency shall retain jurisdiction over the1390
child sufficient to determine all matters in relation to the1391
custody, supervision, care, treatment and disposition of the child1392
which it would have had if the child had remained in the sending1393
agency's state, until the child is adopted, reaches majority,1394
becomes self-supporting or is discharged with the concurrence of1395
the appropriate authority in the receiving state. Such1396
jurisdiction shall also include the power to effect or cause the1397
return of the child or its transfer to another location and1398
custody pursuant to law. The sending agency shall continue to have 1399
financial responsibility for support and maintenance of the child 1400
during the period of the placement. Nothing contained herein shall 1401
defeat a claim of jurisdiction by a receiving state sufficient to 1402
deal with an act of delinquency or crime committed therein.1403

       (B) When the sending agency is a public agency, it may enter 1404
into an agreement with an authorized public or private agency in 1405
the receiving state providing for the performance of one or more 1406
services in respect of such case by the latter as agent for the 1407
sending agency.1408

       (C) Nothing in this compact shall be construed to prevent a 1409
private charitable agency authorized to place children in the1410
receiving state from performing services or acting as agent in1411
that state for a private charitable agency of the sending state;1412
nor to prevent the agency in the receiving state from discharging1413
financial responsibility for the support and maintenance of a1414
child who has been placed on behalf of the sending agency without1415
relieving the responsibility set forth in paragraph (A) hereof.1416

       Article VI. Institutional Care of Delinquent Children.1417

       A child adjudicated delinquent may be placed in an1418
institution in another party jurisdiction pursuant to this compact 1419
but no such placement shall be made unless the child is given a 1420
court hearing on notice to the parent or guardian with opportunity 1421
to be heard prior to his being sent to such other party 1422
jurisdiction for institutional care and the court finds that:1423

       (A) Equivalent facilities for the child are not available in 1424
the sending agency's jurisdiction; and1425

       (B) Institutional care in the other jurisdiction is in the1426
best interest of the child and will not produce undue hardship.1427

       Article VII. Compact Administrator.1428

       The executive head of each jurisdiction party to this compact 1429
shall designate an officer who shall be general coordinator of 1430
activities under this compact in his jurisdiction and who, acting 1431
jointly with like officers of other party jurisdictions, shall 1432
have power to promulgate rules and regulations to carry out more 1433
effectively the terms and provisions of this compact.1434

       Article VIII. Limitations.1435

       This compact shall not apply to:1436

       (A) The sending or bringing of a child into a receiving state 1437
by his parent, step-parent, grandparent, adult brother or sister, 1438
adult uncle or aunt, or his guardian and leaving the child with 1439
any such relative or non-agency guardian in the receiving state.1440

       (B) Any placement, sending or bringing of a child into a1441
receiving state pursuant to any other interstate compact to which1442
both the state from which the child is sent or brought and the1443
receiving state are party, or to any other agreement between said1444
states which has the force of law.1445

       Article IX. Enactment and Withdrawal.1446

       This compact shall be open to joinder by any state, territory 1447
or possession of the United States, the District of Columbia, the 1448
Commonwealth of Puerto Rico, and, with the consent of congress, 1449
the government of Canada, or any province thereof. It shall become 1450
effective with respect to any such jurisdiction when such 1451
jurisdiction has enacted the same into law. Withdrawal from this 1452
compact shall be by the enactment of a statute repealing the same, 1453
but shall not take effect until two years after the effective date 1454
of such statute and until written notice of the withdrawal has 1455
been given by the withdrawing state to the governor of each other 1456
party jurisdiction. Withdrawal of a party state shall not affect 1457
the rights, duties and obligations under this compact of any 1458
sending agency therein with respect to a placement made prior to 1459
the effective date of withdrawal.1460

       Article X. Construction and Severability.1461

       The provisions of this compact shall be liberally construed1462
to effectuate the purposes thereof. The provisions of this compact 1463
shall be severable and if any phrase, clause, sentence or1464
provision of this compact is declared to be contrary to the1465
constitution of any party state or of the United States or the1466
applicability thereof to any government, agency, person, or1467
circumstance is held invalid, the validity of the remainder of1468
this compact and the applicability thereof to any government,1469
agency, person or circumstance shall not be affected thereby. If1470
this compact shall be held contrary to the constitution of any1471
state party thereto, the compact shall remain in full force and1472
effect as to the state affected as to all severable matters.1473

       Sec. 5103.231.  Financial responsibility for any child placed 1474
pursuant to the provisions of the interstate compact on the 1475
placement of children shall be determined in accordance with the 1476
provisions of Article V of section 5103.23 of the Revised Code. 1477
However, in the event of parental or complete default of1478
performance thereunder, the provisions of laws fixing 1479
responsibility for the support of children also may be invoked.1480

       Sec. 5103.232.  The "appropriate public authorities" as used1481
in Article III of the interstate compact on the placement of1482
department of job and family services and that department shall1483
receive and act with reference to notices required by said Article1484
III.1485

       Sec. 5103.233.  As used in paragraph (A) of Article V of the1486
interstate compact on the placement of children, the phrase1487
"appropriate authority in the receiving state" with reference to1488
this state shall mean the department of job and family services.1489

       Sec. 5103.234.  The officers and agencies of this state and 1490
its subdivisions having authority to place children are hereby 1491
empowered to enter into agreements with appropriate officers or 1492
agencies of or in other party states pursuant to paragraph (B) of 1493
Article V of the interstate compact on the placement of children. 1494
Any such agreement which contains a financial commitment or 1495
imposes a financial obligation on this state is subject to the1496
approval of the director of budget and management. Any such 1497
agreement which contains a financial commitment or imposes a 1498
financial obligation on any subdivision of this state shall not be 1499
binding unless it has the approval in writing of the chief local 1500
fiscal officer.1501

       Sec. 5103.235.  Any requirements for visitation, inspection, 1502
or supervision of children, homes, institutions, or other agencies 1503
in another party state which may apply under Chapter 5103. of the 1504
Revised Code shall be deemed to be met if performed pursuant to an 1505
agreement entered into by appropriate officers or agencies of this 1506
state or a subdivision thereof as contemplated by paragraph (B) of 1507
Article V of the interstate compact on the placement of children.1508

       Sec. 5103.236.  Any court having jurisdiction to place 1509
delinquent children may place such a child in an institution in 1510
another state pursuant to Article VI of the interstate compact on 1511
the placement of children and shall retain jurisdiction as 1512
provided in Article V thereof.1513

       Sec. 5103.237.  As used in Article VII of the interstate 1514
compact on the placement of children, the term "executive head" 1515
means the governor. The Governor is hereby authorized to appoint a 1516
compact administrator in accordance with the terms of said Article 1517
VII.1518

       Section 7. That existing sections 2151.23, 2151.39, 3313.64, 1519
and 5103.16 of the Revised Code are hereby repealed.1520

       Section 8. Sections 5103.23 to 5103.237 and the amendments 1521
to sections 2151.23, 2151.39, 3313.64, and 5103.16 of the Revised 1522
Code shall continue in effect until the Interstate Compact for the 1523
Placement of Children contained in sections 5103.20 to 5103.22 of 1524
the Revised Code becomes effective as described in Article XIV of 1525
that Compact, at which time sections 5103.23 to 5103.237 and the 1526
amendments made by this act to sections 2151.23, 2151.39, 3313.64, 1527
and 5103.16 of the Revised Code regarding the Interstate Compact 1528
on the Placement of Children no longer apply.1529

       Section 9. The enactment of the Interstate Compact on the 1530
Placement of Children in Section 9 of this act is a continuation 1531
of the interstate compact of the same name that was repealed in 1532
Am. Sub. S.B. 238 of the 126th General Assembly but remains in 1533
effect according to Article IX of that Compact.1534

       Section 10.  Section 3313.64 of the Revised Code is presented 1535
in Sections 1 and 3 of this act as a composite of the section as 1536
amended by Am. Sub. H.B. 137, Am. Sub. H.B. 530, Sub. S.B. 164, 1537
and Am. Sub. S.B. 238 of the 126th General Assembly. The General 1538
Assembly, applying the principle stated in division (B) of section 1539
1.52 of the Revised Code that amendments are to be harmonized if 1540
reasonably capable of simultaneous operation, finds that the 1541
composite is the resulting version of the section in effect prior 1542
to the effective date of the section as presented in this act.1543