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 successfully | 39 |
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 |
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, the | 51 |
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 of | 54 |
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 |
(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 hours | 79 |
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 |
(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 |
Sec. 5103.0312.
A
public children services agency, private | 156 |
child placing agency, or
private noncustodial agency acting as a | 157 |
recommending agency for a
foster caregiver shall payreimburse
the | 158 |
foster caregiver
a stipend to reimburse the foster caregiverin a | 159 |
lump sum for
attending a preplacement or
continuing training | 160 |
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 family | 166 |
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 |
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 are | 209 |
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 |
(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 |
(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 and | 301 |
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 training | 311 |
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 |
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 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 |
(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 |
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 |
(1) Concerning any child who on or about the date
specified | 462 |
in the complaint, indictment, or information is alleged to have | 463 |
violated section 2151.87 of the Revised Code or an order issued | 464 |
under that section or to be a juvenile traffic
offender or a | 465 |
delinquent, unruly, abused, neglected, or
dependent child
and, | 466 |
based on and in relation to the allegation pertaining to the | 467 |
child,
concerning the parent, guardian, or other person having | 468 |
care
of a child who is alleged to be an unruly or delinquent child | 469 |
for being an
habitual or chronic
truant; | 470 |
(6) To hear and determine all criminal cases in which an | 484 |
adult is charged with a violation of division (C) of section | 485 |
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 Revised | 487 |
Code, provided
the charge is not included in an indictment that | 488 |
also charges the
alleged adult offender with the commission of a | 489 |
felony arising
out of the same actions that are the basis of the | 490 |
alleged
violation of division (C) of section 2919.21, division | 491 |
(B)(1) of
section 2919.22, section 2919.222, division (B) of | 492 |
section
2919.23, or section
2919.24 of the Revised Code; | 493 |
(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 legal | 509 |
separation, a criminal or civil action involving an allegation of | 510 |
domestic violence, or an action for support brought under Chapter | 511 |
3115. of the Revised Code; | 512 |
(15) To conduct the hearings, and to make the determinations, | 522 |
adjudications, and orders authorized or required under sections | 523 |
2152.82 to 2152.85 and Chapter 2950. of the Revised Code regarding | 524 |
a
child who has been adjudicated a delinquent child and to refer | 525 |
the duties conferred upon the juvenile court judge under sections | 526 |
2152.82 to 2152.85 and Chapter 2950. of the Revised Code to | 527 |
magistrates appointed by the juvenile court judge in accordance | 528 |
with Juvenile Rule 40. | 529 |
(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 |
(G) Any
juvenile court that
makes or modifies an order for | 595 |
child support
shall comply with
Chapters 3119., 3121., 3123., and | 596 |
3125. of the Revised Code. If any person
required to pay
child | 597 |
support under an order made by a juvenile
court on or after
April | 598 |
15, 1985, or modified on or after December
1, 1986, is
found in | 599 |
contempt of court for failure to make support
payments
under the | 600 |
order, the court that makes the finding, in
addition to
any other | 601 |
penalty or remedy imposed, shall assess all
court costs
arising | 602 |
out of the contempt proceeding against the
person and
require the | 603 |
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 of | 605 |
contempt. | 606 |
(H) If a child who is charged with an act that would be an | 607 |
offense if committed by an adult was fourteen years of age or | 608 |
older and under
eighteen years of age at the time of the alleged | 609 |
act and if the case is
transferred for criminal prosecution | 610 |
pursuant to section 2152.12 of the
Revised Code, the
juvenile | 611 |
court does not have jurisdiction to hear or
determine the case | 612 |
subsequent to the transfer. The court to which the
case is | 613 |
transferred for criminal prosecution pursuant to that
section has | 614 |
jurisdiction subsequent to the transfer to hear and
determine the | 615 |
case in the same manner as if the case originally
had been | 616 |
commenced in that court, including, but not limited to, | 617 |
jurisdiction to accept a plea of guilty or another plea
authorized | 618 |
by Criminal Rule 11 or another section
of the Revised Code and | 619 |
jurisdiction to accept a
verdict and to enter a judgment of | 620 |
conviction pursuant to the
Rules of Criminal Procedure against the | 621 |
child for the commission of the offense that was the basis of the | 622 |
transfer of the case for criminal prosecution, whether the | 623 |
conviction is for the same degree or a lesser degree of the | 624 |
offense charged, for the commission of a lesser-included offense, | 625 |
or for the commission of another offense that is different from | 626 |
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 the | 634 |
Revised Code do not apply regarding the act, and the case
charging | 635 |
the person with committing the act shall be a criminal
prosecution | 636 |
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 or | 644 |
private, of another state, incorporated or otherwise, shall place | 645 |
a child in a family home or with an agency or institution within | 646 |
the boundaries of this state, either for temporary or permanent | 647 |
care or custody or for adoption, unless such person or
association | 648 |
has furnished the department of job and family services with
a | 649 |
medical and social history of the child, pertinent information | 650 |
about the family, agency, association, or institution in this | 651 |
state with whom the sending party desires to place the child, and | 652 |
any other information or financial guaranty required by the | 653 |
department to determine whether the proposed placement will meet | 654 |
the needs of the child. The department may require the party | 655 |
desiring the placement to agree to promptly receive and remove | 656 |
from the state a child brought into the state whose placement has | 657 |
not proven satisfactorily responsive to the needs of the child at | 658 |
any time until the child is adopted, reaches majority, becomes | 659 |
self-supporting or is discharged with the concurrence of the | 660 |
department. All placements proposed to be made in this state by
a | 661 |
party located in a state which is a party to the interstate | 662 |
compact onfor the placement of children shall be made according | 663 |
to
the provisions of sections 5103.20 to 5103.22 of the Revised | 664 |
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 |
(1)(a) Except as provided in division (A)(1)(b) of this | 672 |
section, "parent" means either parent, unless the parents are | 673 |
separated or divorced or their marriage has been dissolved or | 674 |
annulled, in which case
"parent" means the parent who is the | 675 |
residential parent and legal custodian of the child. When a
child | 676 |
is in the legal custody of a government agency or a person
other | 677 |
than the child's natural or adoptive parent,
"parent" means
the | 678 |
parent with residual parental rights, privileges, and | 679 |
responsibilities. When a child is in the permanent custody of a | 680 |
government agency or a person other than the child's natural or | 681 |
adoptive parent,
"parent" means the parent who was divested of | 682 |
parental
rights and responsibilities for the care of the child and | 683 |
the
right to have the child live with the parent and be the legal | 684 |
custodian
of the child and all residual parental rights, | 685 |
privileges, and
responsibilities. | 686 |
(1) If the child receives special education in accordance | 781 |
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 |
(d) If at the time the court removed the child from
home or | 808 |
vested legal or permanent custody of the child in the
person or | 809 |
government agency, whichever occurred first, one parent
was in a | 810 |
residential or correctional facility or a juvenile
residential | 811 |
placement and the other parent, if living and not in
such a | 812 |
facility or placement, was not known to reside in this
state, | 813 |
tuition shall be paid by the district determined under
division | 814 |
(D) of section 3313.65 of the Revised Code as the
district | 815 |
required to pay any tuition while the parent was in such
facility | 816 |
or placement; | 817 |
(D) Tuition required to be paid under divisions (C)(2) and | 830 |
(3)(a) of this section shall be computed in accordance with | 831 |
section 3317.08 of the Revised Code. Tuition required to be paid | 832 |
under division (C)(3)(b) of this section shall be computed in | 833 |
accordance with section 3317.081 of the Revised Code. If a home | 834 |
fails to pay the tuition required by division (C)(3)(b) of this | 835 |
section, the board of education providing the education may | 836 |
recover in a civil action the tuition and the expenses incurred
in | 837 |
prosecuting the action, including court costs and reasonable | 838 |
attorney's fees. If the prosecuting attorney or city director of | 839 |
law represents the board in such action, costs and reasonable | 840 |
attorney's fees awarded by the court, based upon the prosecuting | 841 |
attorney's, director's, or one of their designee's time
spent | 842 |
preparing
and presenting the case, shall be deposited in the | 843 |
county or city
general fund. | 844 |
(1) All persons at least eighteen but under twenty-two
years | 854 |
of age who live apart from their parents, support
themselves by | 855 |
their own labor, and have not successfully
completed the high | 856 |
school curriculum or the individualized
education program | 857 |
developed for the person by the high school
pursuant to section | 858 |
3323.08 of the Revised Code, are entitled to
attend school in the | 859 |
district in which they reside. | 860 |
(3) A child is entitled to attend school in the district
in | 863 |
which either of the child's parents is employed if the
child has a | 864 |
medical condition that may require emergency medical attention. | 865 |
The parent of
a child entitled to attend school under division | 866 |
(F)(3) of this section shall submit to the board of education of | 867 |
the district in which the parent is employed a statement from the | 868 |
child's physician certifying that the child's medical condition | 869 |
may require emergency medical attention. The statement shall be | 870 |
supported by such other evidence as the board may require. | 871 |
(5) Any child under the age of twenty-two years who, after | 884 |
the
death of a parent, resides in a school district other than the | 885 |
district in which the child attended school at the time of the | 886 |
parent's death is entitled to continue to attend school in the | 887 |
district in which the child attended school at the time of the | 888 |
parent's death for the remainder of the school year, subject to | 889 |
approval of that district board. | 890 |
(7) A child under the age of twenty-two years residing with
a | 904 |
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
the | 907 |
purchase of such house is entitled to attend school for a
period | 908 |
of time in the district where the house is being
purchased. In | 909 |
order to be entitled to such attendance, the
parent shall provide | 910 |
the district superintendent with the
following: | 911 |
The district superintendent shall establish a period of
time | 920 |
not to exceed ninety days during which the child entitled to | 921 |
attend school under division (F)(6) or (7) of this section may | 922 |
attend without tuition obligation. A student attending a school | 923 |
under division (F)(6) or (7) of this section shall be eligible to | 924 |
participate in interscholastic athletics under the auspices of | 925 |
that school, provided the board of education of the school | 926 |
district where the student's parent resides, by a formal action, | 927 |
releases the student to participate in interscholastic athletics | 928 |
at the school where the student is attending, and provided the | 929 |
student receives any authorization required by a public agency or | 930 |
private organization of which the school district is a member | 931 |
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
educational | 934 |
service center, may be admitted
to the schools of the district | 935 |
where the child's parent is
employed, or in the case of a child | 936 |
whose parent is employed by an
educational service center, in the | 937 |
district that serves the location where
the parent's job is | 938 |
primarily located,
provided the district board of education | 939 |
establishes such an admission
policy by resolution adopted by a | 940 |
majority of its members. Any
such policy shall take effect on the | 941 |
first day of the school year
and the effective date of any | 942 |
amendment or repeal may not be
prior to the first day of the | 943 |
subsequent school year. The policy
shall be uniformly applied to | 944 |
all such children and shall provide
for the admission of any such | 945 |
child upon request of the parent. No child may
be admitted under | 946 |
this policy after the first day of
classes of any school year. | 947 |
The enrollment of a child in a school district under this | 954 |
division shall not be denied due to a delay in the school | 955 |
district's receipt of any records required under section 3313.672 | 956 |
of the Revised Code or any other records required for enrollment.
| 957 |
Any days of attendance and any credits earned by a child while | 958 |
enrolled in a school district under this division shall be | 959 |
transferred to and accepted by any school district in which the | 960 |
child subsequently enrolls. The state board of education shall | 961 |
adopt rules to ensure compliance with this division. | 962 |
(10) Any child under the age of twenty-two years whose
parent | 963 |
has moved out of the school district after the commencement
of | 964 |
classes in the child's senior year of high school is entitled, | 965 |
subject to the approval of that district board, to attend school | 966 |
in the district in which the child attended school at the
time of | 967 |
the parental move for the remainder of the school year and
for one | 968 |
additional semester or equivalent term. A district board may
also | 969 |
adopt a policy specifying extenuating circumstances under
which a | 970 |
student may continue to attend school under division
(F)(10) of | 971 |
this section for an additional period of time in order
to | 972 |
successfully complete the high school curriculum for the | 973 |
individualized education program developed for the student by the | 974 |
high school pursuant to section 3323.08 of the Revised Code. | 975 |
(11) As used in this division,
"grandparent" means a
parent | 976 |
of a parent of a child. A child under the age of
twenty-two years | 977 |
who is in the custody of the child's
parent, resides
with a | 978 |
grandparent, and does not require special education is
entitled to | 979 |
attend the schools of the district in which the
child's | 980 |
grandparent resides, provided that, prior to such attendance in | 981 |
any school year, the board of education of the school district in | 982 |
which the child's grandparent resides and the board of
education | 983 |
of the
school district in which the child's parent resides enter | 984 |
into a written
agreement specifying that good cause exists for | 985 |
such attendance,
describing the nature of this good cause, and | 986 |
consenting to such
attendance. | 987 |
In lieu of a consent form signed by a parent, a board of | 988 |
education may request the grandparent of a child attending school | 989 |
in the district in which the grandparent resides pursuant to | 990 |
division (F)(11) of this section to complete any consent form | 991 |
required by the district, including any authorization required by | 992 |
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 shall | 998 |
not be construed
as creating, a new cause of action or substantive | 999 |
legal right
against a school district, a member of a board of | 1000 |
education, or
an employee of a school district. This section does | 1001 |
not affect,
and shall not be construed as affecting, any | 1002 |
immunities from
defenses to tort liability created or recognized | 1003 |
by Chapter 2744.
of the Revised Code for a school district, | 1004 |
member, or employee. | 1005 |
(13) All school districts shall comply with the | 1032 |
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et | 1033 |
seq., for the education of homeless children. Each city, local, | 1034 |
and exempted village school district shall comply with the | 1035 |
requirements of that act governing the provision of a free, | 1036 |
appropriate public education, including public preschool, to each | 1037 |
homeless child. | 1038 |
(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 |
(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 |
(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 |
A school district required to pay tuition pursuant to | 1133 |
division (C)(2) or (3) of this section or section 3313.65 of the | 1134 |
Revised Code shall have an amount deducted under division
(F) of | 1135 |
section 3317.023 of the Revised Code equal to its own tuition
rate | 1136 |
for the same period of attendance. A school district
entitled to | 1137 |
receive tuition pursuant to division (C)(2) or (3) of
this section | 1138 |
or section 3313.65 of the Revised Code shall have an
amount | 1139 |
credited under division (F) of section 3317.023 of
the
Revised | 1140 |
Code equal to its own tuition rate for the same period of | 1141 |
attendance. If the tuition rate credited to the district of | 1142 |
attendance exceeds the rate deducted from the district required
to | 1143 |
pay tuition, the department of education shall pay the
district of | 1144 |
attendance the difference from amounts deducted from
all | 1145 |
districts' payments under division (F) of section
3317.023 of
the | 1146 |
Revised Code but not credited to other school districts under
such | 1147 |
division and from appropriations made for such purpose. The | 1148 |
treasurer of each school district shall, by the fifteenth day of | 1149 |
January and July, furnish the superintendent of public
instruction | 1150 |
a report of the names of each child who attended the
district's | 1151 |
schools under divisions (C)(2) and (3) of this section
or section | 1152 |
3313.65 of the Revised Code during the preceding six
calendar | 1153 |
months, the duration of the attendance of those
children, the | 1154 |
school district responsible for tuition on behalf
of the child, | 1155 |
and any other information that the superintendent
requires. | 1156 |
(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
section | 1205 |
5103.03 of the Revised Code for the purpose of placing children in | 1206 |
free foster homes or for legal
adoption shall keep a record of the | 1207 |
temporary and permanent
surrenders of children. This record shall | 1208 |
be available for
separate statistics, which shall include a copy | 1209 |
of an official
birth record and all information concerning the | 1210 |
social, mental,
and medical history of the children that will aid | 1211 |
in an
intelligent disposition of the children in case that becomes | 1212 |
necessary because the parents or guardians fail or are unable to | 1213 |
reassume custody. | 1214 |
(C) Any agreement or understanding to transfer or
surrender | 1222 |
the legal rights, powers, or duties of the legal parent
or parents | 1223 |
and place a child with a person seeking to adopt the
child under | 1224 |
this section shall be construed to contain a promise
by the person | 1225 |
seeking to adopt the child to pay the expenses
listed in divisions | 1226 |
(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 accept | 1228 |
placement of the child, to pay the temporary
costs of routine | 1229 |
maintenance and medical care for the child in a
hospital, foster | 1230 |
home, or other appropriate place for up to
thirty days or until | 1231 |
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 children | 1235 |
services
agency, an institution or
association that is certified | 1236 |
by the department of
job and family services under section 5103.03 | 1237 |
of the
Revised Code to place children for
adoption, or custodians | 1238 |
in another state or foreign country, or unless all of
the | 1239 |
following criteria are met: | 1240 |
(1) Prior to the placement and receiving of the child, the | 1241 |
parent or parents of the child personally have applied to, and | 1242 |
appeared before, the probate court of the county in which the | 1243 |
parent or parents reside, or in which the person seeking to adopt | 1244 |
the child resides, for approval of the proposed placement | 1245 |
specified in the application and have signed and filed with the | 1246 |
court a written statement showing that the parent or parents are | 1247 |
aware of their right to contest the decree of adoption subject to | 1248 |
the limitations of section 3107.16 of the Revised Code; | 1249 |
In determining whether a custodian has authority to place | 1256 |
children for adoption under the laws of a foreign country, the | 1257 |
probate court shall determine whether the child has been released | 1258 |
for adoption pursuant to the laws of the country in which the | 1259 |
child resides, and if the release is in a form that satisfies the | 1260 |
requirements of the immigration and naturalization service of the | 1261 |
United States department of justice for purposes of immigration
to | 1262 |
this country pursuant to section 101(b)(1)(F) of the
"Immigration | 1263 |
and Nationality Act," 75 Stat. 650 (1961), 8 U.S.C.
1101 | 1264 |
(b)(1)(F), as amended or reenacted. | 1265 |
If the parent or parents of the child are deceased or have | 1266 |
abandoned the child, as determined under division (A) of section | 1267 |
3107.07 of the Revised Code, the application for approval of the | 1268 |
proposed adoptive placement may be brought by the relative
seeking | 1269 |
to adopt the child, or by the department, board, or
organization | 1270 |
not otherwise having legal authority to place the
orphaned or | 1271 |
abandoned child for adoption, but having legal
custody of the | 1272 |
orphaned or abandoned child, in the probate court
of the county in | 1273 |
which the child is a resident, or in which the
department, board, | 1274 |
or organization is located, or where the
person or persons with | 1275 |
whom the child is to be placed reside.
Unless the parent, parents, | 1276 |
or guardian of the person of the
child personally have appeared | 1277 |
before the court and applied for
approval of the placement, notice | 1278 |
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
by | 1281 |
a minor parent before a judge of the probate court or an | 1282 |
authorized deputy or referee of the court, whether executed
within | 1283 |
or outside the confines of the court, is as valid as
though | 1284 |
executed by an adult. A consent given as above before an
employee | 1285 |
of a children services agency that is licensed as
provided by law, | 1286 |
is equally effective, if the consent also is
accompanied by an | 1287 |
affidavit executed by the witnessing employee
or employees to the | 1288 |
effect that the legal rights of the parents
have been fully | 1289 |
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 |
(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) 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 |
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 sending | 1380 |
agency is located or from which it sends or brings the child and | 1381 |
of the receiving state. Such violation may be punished or | 1382 |
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 |
(A) The sending agency shall retain jurisdiction over the | 1390 |
child sufficient to determine all matters in relation to the | 1391 |
custody, supervision, care, treatment and disposition of the child | 1392 |
which it would have had if the child had remained in the sending | 1393 |
agency's state, until the child is adopted, reaches majority, | 1394 |
becomes self-supporting or is discharged with the concurrence of | 1395 |
the appropriate authority in the receiving state. Such | 1396 |
jurisdiction shall also include the power to effect or cause the | 1397 |
return of the child or its transfer to another location and | 1398 |
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 |
(C) Nothing in this compact shall be construed to prevent
a | 1409 |
private charitable agency authorized to place children in the | 1410 |
receiving state from performing services or acting as agent in | 1411 |
that state for a private charitable agency of the sending state; | 1412 |
nor to prevent the agency in the receiving state from discharging | 1413 |
financial responsibility for the support and maintenance of a | 1414 |
child who has been placed on behalf of the sending agency without | 1415 |
relieving the responsibility set forth in paragraph (A) hereof. | 1416 |
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 |
The provisions of this compact shall be liberally construed | 1462 |
to effectuate the purposes thereof. The provisions of this
compact | 1463 |
shall be severable and if any phrase, clause, sentence or | 1464 |
provision of this compact is declared to be contrary to the | 1465 |
constitution of any party state or of the United States or the | 1466 |
applicability thereof to any government, agency, person, or | 1467 |
circumstance is held invalid, the validity of the remainder of | 1468 |
this compact and the applicability thereof to any government, | 1469 |
agency, person or circumstance shall not be affected thereby. If | 1470 |
this compact shall be held contrary to the constitution of any | 1471 |
state party thereto, the compact shall remain in full force and | 1472 |
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 of | 1478 |
performance thereunder, the provisions of laws fixing | 1479 |
responsibility for the
support of children also may be invoked. | 1480 |
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 the | 1496 |
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 |
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 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 |