H. B. No. 342 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

H. B. No. 342

Representative Peterson

Cosponsors: Representatives Williams, B., Koziura, Fende, Stebelton, Wagoner

A BILL

To amend sections 109.57, 109.572, 349.01, 921.06,

2151.011, 2151.421, 2907.08, 2919.223, 2919.224,

2919.225, 2919.226, 2923.124, 2923.126, 2923.1212,

2950.11, 2950.13, 3109.051, 3301.52, 3301.53,

3301.58, 3321.01, 3325.07, 3701.80, 3714.03,

3717.42, 3737.22, 3737.83, 3737.841, 3742.01,

3781.06, 3781.10, 3797.06, 4511.01, 4511.81,

4513.182, 5101.29, 5103.03, 5104.01, 5104.011,

5104.014, 5104.015, 5104.02, 5104.021, 5104.03,

5104.04, 5104.05, 5104.051, 5104.052, 5104.053,

5104.054, 5104.06, 5104.07, 5104.08, 5104.11,

5104.13, 5104.21, 5104.22, 5104.30, 5104.301,

5104.31, 5104.32, 5104.34, 5104.35, 5104.36,

5104.38, 5104.99, 5107.16, 5107.60, 5153.175,

5747.35, and 5747.98; to amend, for the purpose of

adopting new section numbers as indicated in

parentheses, sections 5104.014 (5104.012),

5104.015 (5104.14), 5104.02 (5104.021), 5104.021

(5104.023), 5104.052 (5104.018), 5104.20

(5104.24), 5104.21 (5104.22), and 5104.22

(5104.23); to enact new sections 5104.013,

5104.014, 5104.015, 5104.02, 5104.09, 5104.20, and

5104.21 and sections 5104.016, 5104.017, 5104.019,

5104.0110, 5104.0111, 5104.0112, 5104.0113,

5104.0114, 5104.0115, 5104.0116, 5104.0117,

5104.022, 5104.024, 5104.025, 5104.031, 5104.041,

5104.082, 5104.091, 5104.092, 5104.093, 5104.094,

5104.095, 5104.096, 5104.097, 5104.098, 5104.099,

5104.0910, 5104.0911, 5104.0912, 5104.0913,

5104.111, 5104.15, 5104.151, 5104.16, 5104.161,

5104.17, 5104.171, 5104.172, 5104.18, and 5104.19;

and to repeal sections 5104.012, 5104.013, and

5104.09 of the Revised Code to revise the law

governing child care.

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

Section 1. That sections 109.57, 109.572, 349.01, 921.06,	35
2151.011, 2151.421, 2907.08, 2919.223, 2919.224, 2919.225,	36
2919.226, 2923.124, 2923.126, 2923.1212, 2950.11, 2950.13,	37
3109.051, 3301.52, 3301.53, 3301.58, 3321.01, 3325.07, 3701.80,	38
3714.03, 3717.42, 3737.22, 3737.83, 3737.841, 3742.01, 3781.06,	39
3781.10, 3797.06, 4511.01, 4511.81, 4513.182, 5101.29, 5103.03,	40
5104.01, 5104.011, 5104.014, 5104.015, 5104.02, 5104.021, 5104.03,	41
5104.04, 5104.05, 5104.051, 5104.052, 5104.053, 5104.054, 5104.06,	42
5104.07, 5104.08, 5104.11, 5104.13, 5104.21, 5104.22, 5104.30,	43
5104.301, 5104.31, 5104.32, 5104.34, 5104.35, 5104.36, 5104.38,	44
5104.99, 5107.16, 5107.60, 5153.175, 5747.35, and 5747.98 be	45
amended; sections 5104.014 (5104.012), 5104.015 (5104.14), 5104.02	46
(5104.021), 5104.021 (5104.023), 5104.052 (5104.018), 5104.20	47
(5104.24), 5104.21 (5104.22), and 5104.22 (5104.23) be amended for	48
the purpose of adopting new section numbers as indicated in	49
parentheses; and new sections 5104.013, 5104.014, 5104.015,	50
5104.02, 5104.09, 5104.20, and 5104.21 and sections 5104.016,	51
5104.017, 5104.019, 5104.0110, 5104.0111, 5104.0112, 5104.0113,	52
5104.0114, 5104.0115, 5104.0116, 5104.0117, 5104.022, 5104.024,	53
5104.025, 5104.031, 5104.041, 5104.082, 5104.091, 5104.092,	54
5104.093, 5104.094, 5104.095, 5104.096, 5104.097, 5104.098,	55
5104.099, 5104.0910, 5104.0911, 5104.0912, 5104.0913, 5104.111,	56
5104.15, 5104.151, 5104.16, 5104.161, 5104.17, 5104.171, 5104.172,	57
5104.18, and 5104.19 of the Revised Code be enacted to read as	58
follows:	59

Sec. 109.57. (A)(1) The superintendent of the bureau of	60
criminal identification and investigation shall procure from	61
wherever procurable and file for record photographs, pictures,	62
descriptions, fingerprints, measurements, and other information	63
that may be pertinent of all persons who have been convicted of	64
committing within this state a felony, any crime constituting a	65
misdemeanor on the first offense and a felony on subsequent	66
offenses, or any misdemeanor described in division (A)(1)(a) or	67
(A)(10)(a) of section 109.572 of the Revised Code, or any	68
misdemeanor included in the definition of "disqualifying offense"	69
in section 5104.01 of the Revised Code of all children under	70
eighteen years of age who have been adjudicated delinquent	71
children for committing within this state an act that would be a	72
felony or an offense of violence if committed by an adult or who	73
have been convicted of or pleaded guilty to committing within this	74
state a felony or an offense of violence, and of all well-known	75
and habitual criminals. The person in charge of any county,	76
multicounty, municipal, municipal-county, or multicounty-municipal	77
jail or workhouse, community-based correctional facility, halfway	78
house, alternative residential facility, or state correctional	79
institution and the person in charge of any state institution	80
having custody of a person suspected of having committed a felony,	81
any crime constituting a misdemeanor on the first offense and a	82
felony on subsequent offenses, or any misdemeanor described in	83
division (A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised	84
Code, or any misdemeanor included in the definition of	85
"disqualifying offense" in section 5104.01 of the Revised Code or	86
having custody of a child under eighteen years of age with respect	87
to whom there is probable cause to believe that the child may have	88
committed an act that would be a felony or an offense of violence	89
if committed by an adult shall furnish such material to the	90
superintendent of the bureau. Fingerprints, photographs, or other	91
descriptive information of a child who is under eighteen years of	92
age, has not been arrested or otherwise taken into custody for	93
committing an act that would be a felony or an offense of violence	94
if committed by an adult, has not been adjudicated a delinquent	95
child for committing an act that would be a felony or an offense	96
of violence if committed by an adult, has not been convicted of or	97
pleaded guilty to committing a felony or an offense of violence,	98
and is not a child with respect to whom there is probable cause to	99
believe that the child may have committed an act that would be a	100
felony or an offense of violence if committed by an adult shall	101
not be procured by the superintendent or furnished by any person	102
in charge of any county, multicounty, municipal, municipal-county,	103
or multicounty-municipal jail or workhouse, community-based	104
correctional facility, halfway house, alternative residential	105
facility, or state correctional institution, except as authorized	106
in section 2151.313 of the Revised Code.	107

(2) Every clerk of a court of record in this state, other	108
than the supreme court or a court of appeals, shall send to the	109
superintendent of the bureau a weekly report containing a summary	110
of each case involving a felony, involving any crime constituting	111
a misdemeanor on the first offense and a felony on subsequent	112
offenses, involving a misdemeanor described in division (A)(1)(a)	113
or (A)(10)(a) of section 109.572 of the Revised Code, involving a	114
misdemeanor included in the definition of "disqualifying offense"	115
in section 5104.01 of the Revised Code, or involving an	116
adjudication in a case in which a child under eighteen years of	117
age was alleged to be a delinquent child for committing an act	118
that would be a felony or an offense of violence if committed by	119
an adult. The clerk of the court of common pleas shall include in	120
the report and summary the clerk sends under this division all	121
information described in divisions (A)(2)(a) to (f) of this	122
section regarding a case before the court of appeals that is	123
served by that clerk. The summary shall be written on the standard	124
forms furnished by the superintendent pursuant to division (B) of	125
this section and shall include the following information:	126

(a) The incident tracking number contained on the standard	127
forms furnished by the superintendent pursuant to division (B) of	128
this section;	129

(b) The style and number of the case;

130

131

(d) The date that the person was convicted of or pleaded	132
guilty to the offense, adjudicated a delinquent child for	133
committing the act that would be a felony or an offense of	134
violence if committed by an adult, found not guilty of the	135
offense, or found not to be a delinquent child for committing an	136
act that would be a felony or an offense of violence if committed	137
by an adult, the date of an entry dismissing the charge, an entry	138
declaring a mistrial of the offense in which the person is	139
discharged, an entry finding that the person or child is not	140
competent to stand trial, or an entry of a nolle prosequi, or the	141
date of any other determination that constitutes final resolution	142
of the case;	143

(e) A statement of the original charge with the section of	144
the Revised Code that was alleged to be violated;	145

(f) If the person or child was convicted, pleaded guilty, or	146
was adjudicated a delinquent child, the sentence or terms of	147
probation imposed or any other disposition of the offender or the	148
delinquent child.	149

If the offense involved the disarming of a law enforcement	150
officer or an attempt to disarm a law enforcement officer, the	151
clerk shall clearly state that fact in the summary, and the	152
superintendent shall ensure that a clear statement of that fact is	153
placed in the bureau's records.	154

(3) The superintendent shall cooperate with and assist	155
sheriffs, chiefs of police, and other law enforcement officers in	156
the establishment of a complete system of criminal identification	157
and in obtaining fingerprints and other means of identification of	158
all persons arrested on a charge of a felony, any crime	159
constituting a misdemeanor on the first offense and a felony on	160
subsequent offenses, or a misdemeanor described in division	161
(A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised Code, or	162
a misdemeanor included in the definition of "disqualifying	163
offense" in section 5104.01 of the Revised Code and of all	164
children under eighteen years of age arrested or otherwise taken	165
into custody for committing an act that would be a felony or an	166
offense of violence if committed by an adult. The superintendent	167
also shall file for record the fingerprint impressions of all	168
persons confined in a county, multicounty, municipal,	169
municipal-county, or multicounty-municipal jail or workhouse,	170
community-based correctional facility, halfway house, alternative	171
residential facility, or state correctional institution for the	172
violation of state laws and of all children under eighteen years	173
of age who are confined in a county, multicounty, municipal,	174
municipal-county, or multicounty-municipal jail or workhouse,	175
community-based correctional facility, halfway house, alternative	176
residential facility, or state correctional institution or in any	177
facility for delinquent children for committing an act that would	178
be a felony or an offense of violence if committed by an adult,	179
and any other information that the superintendent may receive from	180
law enforcement officials of the state and its political	181
subdivisions.	182

(4) The superintendent shall carry out Chapter 2950. of the	183
Revised Code with respect to the registration of persons who are	184
convicted of or plead guilty to either a sexually oriented offense	185
that is not a registration-exempt sexually oriented offense or a	186
child-victim oriented offense and with respect to all other duties	187
imposed on the bureau under that chapter.	188

(5) The bureau shall perform centralized recordkeeping	189
functions for criminal history records and services in this state	190
for purposes of the national crime prevention and privacy compact	191
set forth in section 109.571 of the Revised Code and is the	192
criminal history record repository as defined in that section for	193
purposes of that compact. The superintendent or the	194
superintendent's designee is the compact officer for purposes of	195
that compact and shall carry out the responsibilities of the	196
compact officer specified in that compact.	197

(B) The superintendent shall prepare and furnish to every	198
county, multicounty, municipal, municipal-county, or	199
multicounty-municipal jail or workhouse, community-based	200
correctional facility, halfway house, alternative residential	201
facility, or state correctional institution and to every clerk of	202
a court in this state specified in division (A)(2) of this section	203
standard forms for reporting the information required under	204
division (A) of this section. The standard forms that the	205
superintendent prepares pursuant to this division may be in a	206
tangible format, in an electronic format, or in both tangible	207
formats and electronic formats.	208

(C) The superintendent may operate a center for electronic,	209
automated, or other data processing for the storage and retrieval	210
of information, data, and statistics pertaining to criminals and	211
to children under eighteen years of age who are adjudicated	212
delinquent children for committing an act that would be a felony	213
or an offense of violence if committed by an adult, criminal	214
activity, crime prevention, law enforcement, and criminal justice,	215
and may establish and operate a statewide communications network	216
to gather and disseminate information, data, and statistics for	217
the use of law enforcement agencies. The superintendent may	218
gather, store, retrieve, and disseminate information, data, and	219
statistics that pertain to children who are under eighteen years	220
of age and that are gathered pursuant to sections 109.57 to 109.61	221
of the Revised Code together with information, data, and	222
statistics that pertain to adults and that are gathered pursuant	223
to those sections. In addition to any other authorized use of	224
information, data, and statistics of that nature, the	225
superintendent or the superintendent's designee may provide and	226
exchange the information, data, and statistics pursuant to the	227
national crime prevention and privacy compact as described in	228
division (A)(5) of this section.	229

(D) The information and materials furnished to the	230
superintendent pursuant to division (A) of this section and	231
information and materials furnished to any board or person under	232
division (F) or (G) of this section are not public records under	233
section 149.43 of the Revised Code.	234

(E) The attorney general shall adopt rules, in accordance	235
with Chapter 119. of the Revised Code, setting forth the procedure	236
by which a person may receive or release information gathered by	237
the superintendent pursuant to division (A) of this section. A	238
reasonable fee may be charged for this service. If a temporary	239
employment service submits a request for a determination of	240
whether a person the service plans to refer to an employment	241
position has been convicted of or pleaded guilty to an offense	242
listed in division (A)(1), (3), (4), (5), or (6) of section	243
109.572 of the Revised Code, the request shall be treated as a	244
single request and only one fee shall be charged.	245

(F)(1) As used in division (F)(2) of this section, "head	246
start agency" means an entity in this state that has been approved	247
to be an agency for purposes of subchapter II of the "Community	248
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	249
as amended.	250

(2)(a) In addition to or in conjunction with any request that	251
is required to be made under section 109.572, 2151.86, 3301.32,	252
3301.541, 3319.39, 3701.881, ~~5104.012~~5104.093, ~~5104.013~~5104.094,	253
5104.095, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	254
Code, the board of education of any school district; the director	255
of mental retardation and developmental disabilities; any county	256
board of mental retardation and developmental disabilities; any	257
entity under contract with a county board of mental retardation	258
and developmental disabilities; the chief administrator of any	259
chartered nonpublic school; the chief administrator of any home	260
health agency; the chief administrator of or person operating any	261
~~child day-care~~child-care center, type A family ~~day-care~~	262
child-care home, or type B family ~~day-care~~child-care home	263
licensed or certified under Chapter 5104. of the Revised Code; ~~the~~	264
~~administrator of any type C family day-care home certified~~	265
~~pursuant to Section 1 of Sub. H.B. 62 of the 121st general~~	266
~~assembly or Section 5 of Am. Sub. S.B. 160 of the 121st general~~	267
~~assembly;~~ the chief administrator of any head start agency; or the	268
executive director of a public children services agency may	269
request that the superintendent of the bureau investigate and	270
determine, with respect to any individual who has applied for	271
employment in any position after October 2, 1989, or any	272
individual wishing to apply for employment with a board of	273
education may request, with regard to the individual, whether the	274
bureau has any information gathered under division (A) of this	275
section that pertains to that individual. On receipt of the	276
request, the superintendent shall determine whether that	277
information exists and, upon request of the person, board, or	278
entity requesting information, also shall request from the federal	279
bureau of investigation any criminal records it has pertaining to	280
that individual. The superintendent or the superintendent's	281
designee also may request criminal history records from other	282
states or the federal government pursuant to the national crime	283
prevention and privacy compact set forth in section 109.571 of the	284
Revised Code. Within thirty days of the date that the	285
superintendent receives a request, the superintendent shall send	286
to the board, entity, or person a report of any information that	287
the superintendent determines exists, including information	288
contained in records that have been sealed under section 2953.32	289
of the Revised Code, and, within thirty days of its receipt, shall	290
send the board, entity, or person a report of any information	291
received from the federal bureau of investigation, other than	292
information the dissemination of which is prohibited by federal	293
law.	294

(b) When a board of education is required to receive	295
information under this section as a prerequisite to employment of	296
an individual pursuant to section 3319.39 of the Revised Code, it	297
may accept a certified copy of records that were issued by the	298
bureau of criminal identification and investigation and that are	299
presented by an individual applying for employment with the	300
district in lieu of requesting that information itself. In such a	301
case, the board shall accept the certified copy issued by the	302
bureau in order to make a photocopy of it for that individual's	303
employment application documents and shall return the certified	304
copy to the individual. In a case of that nature, a district only	305
shall accept a certified copy of records of that nature within one	306
year after the date of their issuance by the bureau.	307

(3) The state board of education may request, with respect to	308
any individual who has applied for employment after October 2,	309
1989, in any position with the state board or the department of	310
education, any information that a school district board of	311
education is authorized to request under division (F)(2) of this	312
section, and the superintendent of the bureau shall proceed as if	313
the request has been received from a school district board of	314
education under division (F)(2) of this section.	315

(4) When the superintendent of the bureau receives a request	316
for information under section 3319.291 of the Revised Code, the	317
superintendent shall proceed as if the request has been received	318
from a school district board of education under division (F)(2) of	319
this section.	320

(5) When a recipient of a classroom reading improvement grant	321
paid under section 3301.86 of the Revised Code requests, with	322
respect to any individual who applies to participate in providing	323
any program or service funded in whole or in part by the grant,	324
the information that a school district board of education is	325
authorized to request under division (F)(2)(a) of this section,	326
the superintendent of the bureau shall proceed as if the request	327
has been received from a school district board of education under	328
division (F)(2)(a) of this section.	329

(G) In addition to or in conjunction with any request that is	330
required to be made under section 3701.881, 3712.09, 3721.121, or	331
3722.151 of the Revised Code with respect to an individual who has	332
applied for employment in a position that involves providing	333
direct care to an older adult, the chief administrator of a home	334
health agency, hospice care program, home licensed under Chapter	335
3721. of the Revised Code, adult day-care program operated	336
pursuant to rules adopted under section 3721.04 of the Revised	337
Code, or adult care facility may request that the superintendent	338
of the bureau investigate and determine, with respect to any	339
individual who has applied after January 27, 1997, for employment	340
in a position that does not involve providing direct care to an	341
older adult, whether the bureau has any information gathered under	342
division (A) of this section that pertains to that individual.	343

In addition to or in conjunction with any request that is	344
required to be made under section 173.27 of the Revised Code with	345
respect to an individual who has applied for employment in a	346
position that involves providing ombudsperson services to	347
residents of long-term care facilities or recipients of	348
community-based long-term care services, the state long-term care	349
ombudsperson, ombudsperson's designee, or director of health may	350
request that the superintendent investigate and determine, with	351
respect to any individual who has applied for employment in a	352
position that does not involve providing such ombudsperson	353
services, whether the bureau has any information gathered under	354
division (A) of this section that pertains to that applicant.	355

In addition to or in conjunction with any request that is	356
required to be made under section 173.394 of the Revised Code with	357
respect to an individual who has applied for employment in a	358
position that involves providing direct care to an individual, the	359
chief administrator of a community-based long-term care agency may	360
request that the superintendent investigate and determine, with	361
respect to any individual who has applied for employment in a	362
position that does not involve providing direct care, whether the	363
bureau has any information gathered under division (A) of this	364
section that pertains to that applicant.	365

On receipt of a request under this division, the	366
superintendent shall determine whether that information exists	367
and, on request of the individual requesting information, shall	368
also request from the federal bureau of investigation any criminal	369
records it has pertaining to the applicant. The superintendent or	370
the superintendent's designee also may request criminal history	371
records from other states or the federal government pursuant to	372
the national crime prevention and privacy compact set forth in	373
section 109.571 of the Revised Code. Within thirty days of the	374
date a request is received, the superintendent shall send to the	375
requester a report of any information determined to exist,	376
including information contained in records that have been sealed	377
under section 2953.32 of the Revised Code, and, within thirty days	378
of its receipt, shall send the requester a report of any	379
information received from the federal bureau of investigation,	380
other than information the dissemination of which is prohibited by	381
federal law.	382

(H) Information obtained by a government entity or person	383
under this section is confidential and shall not be released or	384
disseminated.	385

(I) The superintendent may charge a reasonable fee for	386
providing information or criminal records under division (F)(2) or	387
(G) of this section.	388

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	389
section 121.08, 3301.32, 3301.541, or 3319.39~~, 5104.012, or~~	390
~~5104.013~~ of the Revised Code, a completed form prescribed pursuant	391
to division (C)(1) of this section, and a set of fingerprint	392
impressions obtained in the manner described in division (C)(2) of	393
this section, the superintendent of the bureau of criminal	394
identification and investigation shall conduct a criminal records	395
check in the manner described in division (B) of this section to	396
determine whether any information exists that indicates that the	397
person who is the subject of the request previously has been	398
convicted of or pleaded guilty to any of the following:	399

(a) A violation of section 2903.01, 2903.02, 2903.03,	400
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	401
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	402
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	403
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	404
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	405
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	406
2925.06, or 3716.11 of the Revised Code, felonious sexual	407
penetration in violation of former section 2907.12 of the Revised	408
Code, a violation of section 2905.04 of the Revised Code as it	409
existed prior to July 1, 1996, a violation of section 2919.23 of	410
the Revised Code that would have been a violation of section	411
2905.04 of the Revised Code as it existed prior to July 1, 1996,	412
had the violation been committed prior to that date, or a	413
violation of section 2925.11 of the Revised Code that is not a	414
minor drug possession offense;	415

(b) A violation of an existing or former law of this state,	416
any other state, or the United States that is substantially	417
equivalent to any of the offenses listed in division (A)(1)(a) of	418
this section.	419

(2) On receipt of a request pursuant to section 5123.081 of	420
the Revised Code with respect to an applicant for employment in	421
any position with the department of mental retardation and	422
developmental disabilities, pursuant to section 5126.28 of the	423
Revised Code with respect to an applicant for employment in any	424
position with a county board of mental retardation and	425
developmental disabilities, or pursuant to section 5126.281 of the	426
Revised Code with respect to an applicant for employment in a	427
direct services position with an entity contracting with a county	428
board for employment, a completed form prescribed pursuant to	429
division (C)(1) of this section, and a set of fingerprint	430
impressions obtained in the manner described in division (C)(2) of	431
this section, the superintendent of the bureau of criminal	432
identification and investigation shall conduct a criminal records	433
check. The superintendent shall conduct the criminal records check	434
in the manner described in division (B) of this section to	435
determine whether any information exists that indicates that the	436
person who is the subject of the request has been convicted of or	437
pleaded guilty to any of the following:	438

(a) A violation of section 2903.01, 2903.02, 2903.03,	439
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	440
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	441
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	442
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	443
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	444
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	445
2925.03, or 3716.11 of the Revised Code;	446

(b) An existing or former municipal ordinance or law of this	447
state, any other state, or the United States that is substantially	448
equivalent to any of the offenses listed in division (A)(2)(a) of	449
this section.	450

(3) On receipt of a request pursuant to section 173.27,	451
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a	452
completed form prescribed pursuant to division (C)(1) of this	453
section, and a set of fingerprint impressions obtained in the	454
manner described in division (C)(2) of this section, the	455
superintendent of the bureau of criminal identification and	456
investigation shall conduct a criminal records check with respect	457
to any person who has applied for employment in a position for	458
which a criminal records check is required by those sections. The	459
superintendent shall conduct the criminal records check in the	460
manner described in division (B) of this section to determine	461
whether any information exists that indicates that the person who	462
is the subject of the request previously has been convicted of or	463
pleaded guilty to any of the following:	464

(a) A violation of section 2903.01, 2903.02, 2903.03,	465
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	466
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	467
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	468
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	469
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	470
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	471
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	472
2925.22, 2925.23, or 3716.11 of the Revised Code;	473

(b) An existing or former law of this state, any other state,	474
or the United States that is substantially equivalent to any of	475
the offenses listed in division (A)(3)(a) of this section.	476

(4) On receipt of a request pursuant to section 3701.881 of	477
the Revised Code with respect to an applicant for employment with	478
a home health agency as a person responsible for the care,	479
custody, or control of a child, a completed form prescribed	480
pursuant to division (C)(1) of this section, and a set of	481
fingerprint impressions obtained in the manner described in	482
division (C)(2) of this section, the superintendent of the bureau	483
of criminal identification and investigation shall conduct a	484
criminal records check. The superintendent shall conduct the	485
criminal records check in the manner described in division (B) of	486
this section to determine whether any information exists that	487
indicates that the person who is the subject of the request	488
previously has been convicted of or pleaded guilty to any of the	489
following:	490

(a) A violation of section 2903.01, 2903.02, 2903.03,	491
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	492
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	493
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	494
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	495
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	496
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	497
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	498
violation of section 2925.11 of the Revised Code that is not a	499
minor drug possession offense;	500

(b) An existing or former law of this state, any other state,	501
or the United States that is substantially equivalent to any of	502
the offenses listed in division (A)(4)(a) of this section.	503

(5) On receipt of a request pursuant to section 5111.95 or	504
5111.96 of the Revised Code with respect to an applicant for	505
employment with a waiver agency participating in a department of	506
job and family services administered home and community-based	507
waiver program or an independent provider participating in a	508
department administered home and community-based waiver program in	509
a position that involves providing home and community-based waiver	510
services to consumers with disabilities, a completed form	511
prescribed pursuant to division (C)(1) of this section, and a set	512
of fingerprint impressions obtained in the manner described in	513
division (C)(2) of this section, the superintendent of the bureau	514
of criminal identification and investigation shall conduct a	515
criminal records check. The superintendent shall conduct the	516
criminal records check in the manner described in division (B) of	517
this section to determine whether any information exists that	518
indicates that the person who is the subject of the request	519
previously has been convicted of or pleaded guilty to any of the	520
following:	521

(a) A violation of section 2903.01, 2903.02, 2903.03,	522
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	523
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	524
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	525
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	526
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,	527
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40,	528
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36,	529
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	530
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the	531
Revised Code, felonious sexual penetration in violation of former	532
section 2907.12 of the Revised Code, a violation of section	533
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	534
violation of section 2919.23 of the Revised Code that would have	535
been a violation of section 2905.04 of the Revised Code as it	536
existed prior to July 1, 1996, had the violation been committed	537
prior to that date;	538

(b) An existing or former law of this state, any other state,	539
or the United States that is substantially equivalent to any of	540
the offenses listed in division (A)(5)(a) of this section.	541

(6) On receipt of a request pursuant to section 3701.881 of	542
the Revised Code with respect to an applicant for employment with	543
a home health agency in a position that involves providing direct	544
care to an older adult, a completed form prescribed pursuant to	545
division (C)(1) of this section, and a set of fingerprint	546
impressions obtained in the manner described in division (C)(2) of	547
this section, the superintendent of the bureau of criminal	548
identification and investigation shall conduct a criminal records	549
check. The superintendent shall conduct the criminal records check	550
in the manner described in division (B) of this section to	551
determine whether any information exists that indicates that the	552
person who is the subject of the request previously has been	553
convicted of or pleaded guilty to any of the following:	554

(a) A violation of section 2903.01, 2903.02, 2903.03,	555
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	556
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	557
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	558
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	559
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	560
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	561
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	562
2925.22, 2925.23, or 3716.11 of the Revised Code;	563

(b) An existing or former law of this state, any other state,	564
or the United States that is substantially equivalent to any of	565
the offenses listed in division (A)(6)(a) of this section.	566

(7) When conducting a criminal records check upon a request	567
pursuant to section 3319.39 of the Revised Code for an applicant	568
who is a teacher, in addition to the determination made under	569
division (A)(1) of this section, the superintendent shall	570
determine whether any information exists that indicates that the	571
person who is the subject of the request previously has been	572
convicted of or pleaded guilty to any offense specified in section	573
3319.31 of the Revised Code.	574

(8) On a request pursuant to section 2151.86 of the Revised	575
Code, a completed form prescribed pursuant to division (C)(1) of	576
this section, and a set of fingerprint impressions obtained in the	577
manner described in division (C)(2) of this section, the	578
superintendent of the bureau of criminal identification and	579
investigation shall conduct a criminal records check in the manner	580
described in division (B) of this section to determine whether any	581
information exists that indicates that the person who is the	582
subject of the request previously has been convicted of or pleaded	583
guilty to any of the following:	584

(a) A violation of section 2903.01, 2903.02, 2903.03,	585
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	586
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	587
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	588
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	589
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	590
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	591
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a	592
violation of section 2905.04 of the Revised Code as it existed	593
prior to July 1, 1996, a violation of section 2919.23 of the	594
Revised Code that would have been a violation of section 2905.04	595
of the Revised Code as it existed prior to July 1, 1996, had the	596
violation been committed prior to that date, a violation of	597
section 2925.11 of the Revised Code that is not a minor drug	598
possession offense, or felonious sexual penetration in violation	599
of former section 2907.12 of the Revised Code;	600

(b) A violation of an existing or former law of this state,	601
any other state, or the United States that is substantially	602
equivalent to any of the offenses listed in division (A)(8)(a) of	603
this section.	604

(9) ~~When conducting a criminal records check on~~On receipt of	605
a request pursuant to section ~~5104.013~~5104.093, 5104.094, or	606
5104.095 of the Revised Code ~~for a person who is an owner,~~	607
~~licensee, or administrator of a child day-care center or type A~~	608
~~family day-care home, an authorized provider of a certified type B~~	609
~~family day-care home, or an adult residing in a type A or~~	610
~~certified type B home, or when conducting a criminal records check~~	611
~~or a request pursuant to section 5104.012 of the Revised Code for~~	612
~~a person who is an applicant for employment in a center, type A~~	613
~~home, or certified type B home, the superintendent, in addition to~~	614
~~the determination made under division (A)(1) of this section~~, a	615
completed form prescribed pursuant to division (C)(1) of this	616
section, and a set of fingerprint impressions obtained in the	617
manner described in division (C)(2) of this section, the	618
superintendent of the bureau of criminal identification and	619
investigation shall conduct a criminal records check in the manner	620
described in division (B) of this section to determine whether any	621
information exists that indicates that the person who is the	622
subject of the request has been convicted of or pleaded guilty to	623
~~any of the following:~~	624

~~(a) A violation of section 2913.02, 2913.03, 2913.04,~~	625
~~2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,~~	626
~~2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,~~	627
~~2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11,~~	628
~~2921.13, or 2923.01 of the Revised Code, a violation of section~~	629
~~2923.02 or 2923.03 of the Revised Code that relates to a crime~~	630
~~specified in this division or division (A)(1)(a) of this section,~~	631
~~or a second violation of section 4511.19 of the Revised Code~~	632
~~within five years of the date of application for licensure or~~	633
~~certification.~~	634

~~(b) A violation of an existing or former law of this state,~~	635
~~any other state, or the United States that is substantially~~	636
~~equivalent to any of the offenses or violations described in~~	637
~~division (A)(9)(a) of this~~a disqualifying offense as defined in	638
section 5104.01 of the Revised Code.	639

(10) Upon receipt of a request pursuant to section 5153.111	640
of the Revised Code, a completed form prescribed pursuant to	641
division (C)(1) of this section, and a set of fingerprint	642
impressions obtained in the manner described in division (C)(2) of	643
this section, the superintendent of the bureau of criminal	644
identification and investigation shall conduct a criminal records	645
check in the manner described in division (B) of this section to	646
determine whether any information exists that indicates that the	647
person who is the subject of the request previously has been	648
convicted of or pleaded guilty to any of the following:	649

(a) A violation of section 2903.01, 2903.02, 2903.03,	650
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	651
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	652
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	653
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	654
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	655
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	656
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	657
felonious sexual penetration in violation of former section	658
2907.12 of the Revised Code, a violation of section 2905.04 of the	659
Revised Code as it existed prior to July 1, 1996, a violation of	660
section 2919.23 of the Revised Code that would have been a	661
violation of section 2905.04 of the Revised Code as it existed	662
prior to July 1, 1996, had the violation been committed prior to	663
that date, or a violation of section 2925.11 of the Revised Code	664
that is not a minor drug possession offense;	665

(b) A violation of an existing or former law of this state,	666
any other state, or the United States that is substantially	667
equivalent to any of the offenses listed in division (A)(10)(a) of	668
this section.	669

(11) On receipt of a request for a criminal records check	670
from an individual pursuant to section 4749.03 or 4749.06 of the	671
Revised Code, accompanied by a completed copy of the form	672
prescribed in division (C)(1) of this section and a set of	673
fingerprint impressions obtained in a manner described in division	674
(C)(2) of this section, the superintendent of the bureau of	675
criminal identification and investigation shall conduct a criminal	676
records check in the manner described in division (B) of this	677
section to determine whether any information exists indicating	678
that the person who is the subject of the request has been	679
convicted of or pleaded guilty to a felony in this state or in any	680
other state. If the individual indicates that a firearm will be	681
carried in the course of business, the superintendent shall	682
require information from the federal bureau of investigation as	683
described in division (B)(2) of this section. The superintendent	684
shall report the findings of the criminal records check and any	685
information the federal bureau of investigation provides to the	686
director of public safety.	687

(12) On receipt of a request pursuant to section 1322.03,	688
1322.031, or 4763.05 of the Revised Code, a completed form	689
prescribed pursuant to division (C)(1) of this section, and a set	690
of fingerprint impressions obtained in the manner described in	691
division (C)(2) of this section, the superintendent of the bureau	692
of criminal identification and investigation shall conduct a	693
criminal records check with respect to any person who has applied	694
for a license, permit, or certification from the department of	695
commerce or a division in the department. The superintendent shall	696
conduct the criminal records check in the manner described in	697
division (B) of this section to determine whether any information	698
exists that indicates that the person who is the subject of the	699
request previously has been convicted of or pleaded guilty to any	700
of the following: a violation of section 2913.02, 2913.11,	701
2913.31, 2913.51, or 2925.03 of the Revised Code; any other	702
criminal offense involving theft, receiving stolen property,	703
embezzlement, forgery, fraud, passing bad checks, money	704
laundering, or drug trafficking, or any criminal offense involving	705
money or securities, as set forth in Chapters 2909., 2911., 2913.,	706
2915., 2921., 2923., and 2925. of the Revised Code; or any	707
existing or former law of this state, any other state, or the	708
United States that is substantially equivalent to those offenses.	709

(13) Not later than thirty days after the date the	710
superintendent receives the request, completed form, and	711
fingerprint impressions, the superintendent shall send the person,	712
board, or entity that made the request any information, other than	713
information the dissemination of which is prohibited by federal	714
law, the superintendent determines exists with respect to the	715
person who is the subject of the request that indicates that the	716
person previously has been convicted of or pleaded guilty to any	717
offense listed or described in division (A)(1), (2), (3), (4),	718
(5), (6), (7), (8), (9), (10), (11), or (12) of this section, as	719
appropriate. The superintendent shall send the person, board, or	720
entity that made the request a copy of the list of offenses	721
specified in division (A)(1), (2), (3), (4), (5), (6), (7), (8),	722
(9), (10), (11), or (12) of this section, as appropriate. If the	723
request was made under section 3701.881 of the Revised Code with	724
regard to an applicant who may be both responsible for the care,	725
custody, or control of a child and involved in providing direct	726
care to an older adult, the superintendent shall provide a list of	727
the offenses specified in divisions (A)(4) and (6) of this	728
section.	729

(B) The superintendent shall conduct any criminal records	730
check requested under section 121.08, 173.27, 173.394, 1322.03,	731
1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,	732
3721.121, 3722.151, 4749.03, 4749.06, 4763.05, ~~5104.012, 5104.013,~~	733
5104.093, 5104.094, 5104.095, 5111.95, 5111.96, 5123.081, 5126.28,	734
5126.281, or 5153.111 of the Revised Code as follows:	735

(1) The superintendent shall review or cause to be reviewed	736
any relevant information gathered and compiled by the bureau under	737
division (A) of section 109.57 of the Revised Code that relates to	738
the person who is the subject of the request, including any	739
relevant information contained in records that have been sealed	740
under section 2953.32 of the Revised Code;	741

(2) If the request received by the superintendent asks for	742
information from the federal bureau of investigation, the	743
superintendent shall request from the federal bureau of	744
investigation any information it has with respect to the person	745
who is the subject of the request and shall review or cause to be	746
reviewed any information the superintendent receives from that	747
bureau.	748

(3) The superintendent or the superintendent's designee may	749
request criminal history records from other states or the federal	750
government pursuant to the national crime prevention and privacy	751
compact set forth in section 109.571 of the Revised Code.	752

(C)(1) The superintendent shall prescribe a form to obtain	753
the information necessary to conduct a criminal records check from	754
any person for whom a criminal records check is required by	755
section 121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86,	756
3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	757
4749.03, 4749.06, 4763.05, ~~5104.012, 5104.013,~~5104.093, 5104.094,	758
5104.095, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or	759
5153.111 of the Revised Code. The form that the superintendent	760
prescribes pursuant to this division may be in a tangible format,	761
in an electronic format, or in both tangible and electronic	762
formats.	763

(2) The superintendent shall prescribe standard impression	764
sheets to obtain the fingerprint impressions of any person for	765
whom a criminal records check is required by section 121.08,	766
173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541,	767
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06,	768
4763.05, ~~5104.012, 5104.013,~~5104.093, 5104.094, 5104.095,	769
5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the	770
Revised Code. Any person for whom a records check is required by	771
any of those sections shall obtain the fingerprint impressions at	772
a county sheriff's office, municipal police department, or any	773
other entity with the ability to make fingerprint impressions on	774
the standard impression sheets prescribed by the superintendent.	775
The office, department, or entity may charge the person a	776
reasonable fee for making the impressions. The standard impression	777
sheets the superintendent prescribes pursuant to this division may	778
be in a tangible format, in an electronic format, or in both	779
tangible and electronic formats.	780

(3) Subject to division (D) of this section, the	781
superintendent shall prescribe and charge a reasonable fee for	782
providing a criminal records check requested under section 121.08,	783
173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541,	784
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06,	785
4763.05, ~~5104.012, 5104.013,~~5104.093, 5104.094, 5104.095,	786
5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the	787
Revised Code. The person making a criminal records request under	788
section 121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86,	789
3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	790
4749.03, 4749.06, 4763.05, ~~5104.012, 5104.013,~~5104.093, 5104.094,	791
5104.095, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or	792
5153.111 of the Revised Code shall pay the fee prescribed pursuant	793
to this division. A person making a request under section 3701.881	794
of the Revised Code for a criminal records check for an applicant	795
who may be both responsible for the care, custody, or control of a	796
child and involved in providing direct care to an older adult	797
shall pay one fee for the request.	798

(4) The superintendent of the bureau of criminal	799
identification and investigation may prescribe methods of	800
forwarding fingerprint impressions and information necessary to	801
conduct a criminal records check, which methods shall include, but	802
not be limited to, an electronic method.	803

(D) A determination whether any information exists that	804
indicates that a person previously has been convicted of or	805
pleaded guilty to any offense listed or described in division	806
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	807
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b),	808
(A)(9)~~(a) or (b)~~, (A)(10)(a) or (b), or (A)(12) of this section	809
that is made by the superintendent with respect to information	810
considered in a criminal records check in accordance with this	811
section is valid for the person who is the subject of the criminal	812
records check for a period of one year from the date upon which	813
the superintendent makes the determination. During the period in	814
which the determination in regard to a person is valid, if another	815
request under this section is made for a criminal records check	816
for that person, the superintendent shall provide the information	817
that is the basis for the superintendent's initial determination	818
at a lower fee than the fee prescribed for the initial criminal	819
records check.	820

(E) As used in this section:

821

(1) "Criminal records check" means any criminal records check	822
conducted by the superintendent of the bureau of criminal	823
identification and investigation in accordance with division (B)	824
of this section.	825

(2) "Home and community-based waiver services" and "waiver	826
agency" have the same meanings as in section 5111.95 of the	827
Revised Code.	828

(3) "Independent provider" has the same meaning as in section	829
5111.96 of the Revised Code.	830

(4) "Minor drug possession offense" has the same meaning as	831
in section 2925.01 of the Revised Code.	832

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

833

Sec. 349.01. As used in this chapter:

834

(A) "New community" means a community or an addition to an	835
existing community planned pursuant to this chapter so that it	836
includes facilities for the conduct of industrial, commercial,	837
residential, cultural, educational, and recreational activities,	838
and designed in accordance with planning concepts for the	839
placement of utility, open space, and other supportive facilities.	840

(B) "New community development program" means a program for	841
the development of a new community characterized by well-balanced	842
and diversified land use patterns and which includes land	843
acquisition and land development, the acquisition, construction,	844
operation, and maintenance of community facilities, and the	845
provision of services authorized in this chapter.	846

(C) "New community district" means the area of land described	847
by the developer in the petition as set forth in division (A) of	848
section 349.03 of the Revised Code for development as a new	849
community and any lands added to the district by amendment of the	850
resolution establishing the community authority.	851

(D) "New community authority" means a body corporate and	852
politic in this state, established pursuant to section 349.03 of	853
the Revised Code and governed by a board of trustees as provided	854
in section 349.04 of the Revised Code.	855

(E) "Developer" means any person, organized for carrying out	856
a new community development program who owns or controls, through	857
leases of at least seventy-five years' duration, options, or	858
contracts to purchase, the land within a new community district,	859
or any municipal corporation, county, or port authority that owns	860
the land within a new community district, or has the ability to	861
acquire such land, either by voluntary acquisition or condemnation	862
in order to eliminate slum, blighted, and deteriorated or	863
deteriorating areas and to prevent the recurrence thereof.	864

(F) "Organizational board of commissioners" means, if the new	865
community district is located in only one county, the board of	866
county commissioners of such county; if located in more than one	867
county, a board consisting of the members of the board of county	868
commissioners of each of the counties in which the district is	869
located, provided that action of such board shall require a	870
majority vote of the members of each separate board of county	871
commissioners; or, if more than half of the new community district	872
is located within the boundaries of the most populous municipal	873
corporation of a county, the legislative authority of the	874
municipal corporation.	875

(G) "Land acquisition" means the acquisition of real property	876
and interests in real property as part of a new community	877
development program.	878

(H) "Land development" means the process of clearing and	879
grading land, making, installing, or constructing water	880
distribution systems, sewers, sewage collection systems, steam,	881
gas, and electric lines, roads, streets, curbs, gutters,	882
sidewalks, storm drainage facilities, and other installations or	883
work, whether within or without the new community district, and	884
the construction of community facilities.	885

(I) "Community facilities" means all real property,	886
buildings, structures, or other facilities, including related	887
fixtures, equipment, and furnishings, to be owned, operated,	888
financed, constructed, and maintained under this chapter,	889
including public, community, village, neighborhood, or town	890
buildings, centers and plazas, auditoriums, ~~day care~~child-care	891
centers, recreation halls, educational facilities, hospital	892
facilities as defined in section 140.01 of the Revised Code,	893
recreational facilities, natural resource facilities, including	894
parks and other open space land, lakes and streams, cultural	895
facilities, community streets, pathway and bikeway systems,	896
pedestrian underpasses and overpasses, lighting facilities, design	897
amenities, or other community facilities, and buildings needed in	898
connection with water supply or sewage disposal installations or	899
steam, gas, or electric lines or installation.	900

(J) "Cost" as applied to a new community development program	901
means all costs related to land acquisition and land development,	902
the acquisition, construction, maintenance, and operation of	903
community facilities and offices of the community authority, and	904
of providing furnishings and equipment therefor, financing charges	905
including interest prior to and during construction and for the	906
duration of the new community development program, planning	907
expenses, engineering expenses, administrative expenses including	908
working capital, and all other expenses necessary and incident to	909
the carrying forward of the new community development program.	910

(K) "Income source" means any and all sources of income to	911
the community authority, including community development charges	912
of which the new community authority is the beneficiary as	913
provided in section 349.07 of the Revised Code, rentals, user fees	914
and other charges received by the new community authority, any	915
gift or grant received, any moneys received from any funds	916
invested by or on behalf of the new community authority, and	917
proceeds from the sale or lease of land and community facilities.	918

(L) "Community development charge" means a dollar amount	919
which shall be determined on the basis of the assessed valuation	920
of real property or interests in real property in a new community	921
district sold, leased, or otherwise conveyed by the developer or	922
the new community authority, the income of the residents of such	923
property subject to such charge under section 349.07 of the	924
Revised Code, if such property is devoted to residential uses or	925
to the profits of any business, a uniform fee on each parcel of	926
such real property originally sold, leased, or otherwise conveyed	927
by the developer or new community authority, or any combination of	928
the foregoing bases.	929

(M) "Proximate city" means any city that, as of the date of	930
filing of the petition under section 349.03 of the Revised Code,	931
is the most populous city of the county in which the proposed new	932
community district is located, is the most populous city of an	933
adjoining county if any portion of such city is within five miles	934
of any part of the boundaries of such district, or exercises	935
extraterritorial subdivision authority under section 711.09 of the	936
Revised Code with respect to any part of such district.	937

Sec. 921.06. (A)(1) No individual shall do any of the	938
following without having a commercial applicator license issued by	939
the director of agriculture:	940

(a) Apply pesticides for a pesticide business without direct	941
supervision;	942

(b) Apply pesticides as part of the individual's duties while	943
acting as an employee of the United States government, a state,	944
county, township, or municipal corporation, or a park district,	945
port authority, or sanitary district created under Chapter 1545.,	946
4582., or 6115. of the Revised Code, respectively;	947

(c) Apply restricted use pesticides. Division (A)(1)(c) of	948
this section does not apply to a private applicator or an	949
immediate family member or a subordinate employee of a private	950
applicator who is acting under the direct supervision of that	951
private applicator.	952

(d) If the individual is the owner of a business other than a	953
pesticide business or an employee of such an owner, apply	954
pesticides at any of the following publicly accessible sites that	955
are located on the property:	956

(i) Food service operations that are licensed under Chapter	957
3717. of the Revised Code;	958

(ii) Retail food establishments that are licensed under	959
Chapter 3717. of the Revised Code;	960

(iii) Golf courses;

961

(iv) Rental properties of more than four apartment units at	962
one location;	963

(v) Hospitals or medical facilities as defined in section	964
3701.01 of the Revised Code;	965

(vi) ~~Child day-care~~Child-care centers or school ~~child~~	966
~~day-care~~child-care centers as defined in section 5104.01 of the	967
Revised Code;	968

(vii) Facilities owned or operated by a school district	969
established under Chapter 3311. of the Revised Code, including an	970
education service center, a community school established under	971
Chapter 3314. of the Revised Code, or a chartered or nonchartered	972
nonpublic school that meets minimum standards established by the	973
state board of education;	974

(viii) Colleges as defined in section 3365.01 of the Revised	975
Code;	976

(ix) Food processing establishments as defined in section	977
3715.021 of the Revised Code;	978

(x) Any other site designated by rule.

979

(e) Conduct authorized diagnostic inspections.

980

(2) Divisions (A)(1)(a) to (d) of this section do not apply	981
to an individual who is acting as a trained serviceperson under	982
the direct supervision of a commercial applicator.	983

(3) Licenses shall be issued for a period of time established	984
by rule and shall be renewed in accordance with deadlines	985
established by rule. The fee for each such license shall be	986
established by rule. If a license is not issued or renewed, the	987
application fee shall be retained by the state as payment for the	988
reasonable expense of processing the application. The director	989
shall by rule classify by pesticide-use category licenses to be	990
issued under this section. A single license may include more than	991
one pesticide-use category. No individual shall be required to pay	992
an additional license fee if the individual is licensed for more	993
than one category.	994

The fee for each license or renewal does not apply to an	995
applicant who is an employee of the department of agriculture	996
whose job duties require licensure as a commercial applicator as a	997
condition of employment.	998

(B) Application for a commercial applicator license shall be	999
made on a form prescribed by the director. Each application for a	1000
license shall state the pesticide-use category or categories of	1001
license for which the applicant is applying and other information	1002
that the director determines essential to the administration of	1003
this chapter.	1004

(C) If the director finds that the applicant is competent to	1005
apply pesticides and conduct diagnostic inspections and that the	1006
applicant has passed both the general examination and each	1007
applicable pesticide-use category examination as required under	1008
division (A) of section 921.12 of the Revised Code, the director	1009
shall issue a commercial applicator license limited to the	1010
pesticide-use category or categories for which the applicant is	1011
found to be competent. If the director rejects an application, the	1012
director may explain why the application was rejected, describe	1013
the additional requirements necessary for the applicant to obtain	1014
a license, and return the application. The applicant may resubmit	1015
the application without payment of any additional fee.	1016

(D)(1) A person who is a commercial applicator shall be	1017
deemed to hold a private applicator's license for purposes of	1018
applying pesticides on agricultural commodities that are produced	1019
by the commercial applicator.	1020

(2) A commercial applicator shall apply pesticides only in	1021
the pesticide-use category or categories in which the applicator	1022
is licensed under this chapter.	1023

Sec. 2151.011. (A) As used in the Revised Code:

1024

(1) "Juvenile court" means whichever of the following is	1025
applicable that has jurisdiction under this chapter and Chapter	1026
2152. of the Revised Code:	1027

(a) The division of the court of common pleas specified in	1028
section 2101.022 or 2301.03 of the Revised Code as having	1029
jurisdiction under this chapter and Chapter 2152. of the Revised	1030
Code or as being the juvenile division or the juvenile division	1031
combined with one or more other divisions;	1032

(b) The juvenile court of Cuyahoga county or Hamilton county	1033
that is separately and independently created by section 2151.08 or	1034
Chapter 2153. of the Revised Code and that has jurisdiction under	1035
this chapter and Chapter 2152. of the Revised Code;	1036

(c) If division (A)(1)(a) or (b) of this section does not	1037
apply, the probate division of the court of common pleas.	1038

(2) "Juvenile judge" means a judge of a court having	1039
jurisdiction under this chapter.	1040

(3) "Private child placing agency" means any association, as	1041
defined in section 5103.02 of the Revised Code, that is certified	1042
under section 5103.03 of the Revised Code to accept temporary,	1043
permanent, or legal custody of children and place the children for	1044
either foster care or adoption.	1045

(4) "Private noncustodial agency" means any person,	1046
organization, association, or society certified by the department	1047
of job and family services that does not accept temporary or	1048
permanent legal custody of children, that is privately operated in	1049
this state, and that does one or more of the following:	1050

(a) Receives and cares for children for two or more	1051
consecutive weeks;	1052

(b) Participates in the placement of children in certified	1053
foster homes;	1054

(c) Provides adoption services in conjunction with a public	1055
children services agency or private child placing agency.	1056

(B) As used in this chapter:

1057

(1) "Adequate parental care" means the provision by a child's	1058
parent or parents, guardian, or custodian of adequate food,	1059
clothing, and shelter to ensure the child's health and physical	1060
safety and the provision by a child's parent or parents of	1061
specialized services warranted by the child's physical or mental	1062
needs.	1063

(2) "Adult" means an individual who is eighteen years of age	1064
or older.	1065

(3) "Agreement for temporary custody" means a voluntary	1066
agreement authorized by section 5103.15 of the Revised Code that	1067
transfers the temporary custody of a child to a public children	1068
services agency or a private child placing agency.	1069

(4) "Certified foster home" means a foster home, as defined	1070
in section 5103.02 of the Revised Code, certified under section	1071
5103.03 of the Revised Code.	1072

(5) "Child" means a person who is under eighteen years of	1073
age, except that the juvenile court has jurisdiction over any	1074
person who is adjudicated an unruly child prior to attaining	1075
eighteen years of age until the person attains twenty-one years of	1076
age, and, for purposes of that jurisdiction related to that	1077
adjudication, a person who is so adjudicated an unruly child shall	1078
be deemed a "child" until the person attains twenty-one years of	1079
age.	1080

(6) "Child day camp," "child care," "~~child day-care~~	1081
child-care center," "part-time ~~child day-care~~child-care center,"	1082
"type A family ~~day-care~~child-care home," "licensed type B family	1083
child-care home," "certified type B family ~~day-care~~child-care	1084
home," "type B home," "administrator of a ~~child day-care~~	1085
child-care center," "administrator of a type A family ~~day-care~~	1086
child-care home," "in-home aide," and "~~authorized~~certified	1087
provider" have the same meanings as in section 5104.01 of the	1088
Revised Code.	1089

(7) "Child care provider" means an individual who is a	1090
child-care staff member or administrator of a ~~child day-care~~	1091
child-care center, a type A family ~~day-care~~child-care home, or a	1092
type B family ~~day-care~~child-care home, or an in-home aide or an	1093
individual who is licensed, is regulated, is approved, operates	1094
under the direction of, or otherwise is certified by the	1095
department of job and family services, department of mental	1096
retardation and developmental disabilities, or the early childhood	1097
programs of the department of education.	1098

(8) "Chronic truant" has the same meaning as in section	1099
2152.02 of the Revised Code.	1100

(9) "Commit" means to vest custody as ordered by the court.

1101

(10) "Counseling" includes both of the following:

1102

(a) General counseling services performed by a public	1103
children services agency or shelter for victims of domestic	1104
violence to assist a child, a child's parents, and a child's	1105
siblings in alleviating identified problems that may cause or have	1106
caused the child to be an abused, neglected, or dependent child.	1107

(b) Psychiatric or psychological therapeutic counseling	1108
services provided to correct or alleviate any mental or emotional	1109
illness or disorder and performed by a licensed psychiatrist,	1110
licensed psychologist, or a person licensed under Chapter 4757. of	1111
the Revised Code to engage in social work or professional	1112
counseling.	1113

(11) "Custodian" means a person who has legal custody of a	1114
child or a public children services agency or private child	1115
placing agency that has permanent, temporary, or legal custody of	1116
a child.	1117

(12) "Delinquent child" has the same meaning as in section	1118
2152.02 of the Revised Code.	1119

(13) "Detention" means the temporary care of children pending	1120
court adjudication or disposition, or execution of a court order,	1121
in a public or private facility designed to physically restrict	1122
the movement and activities of children.	1123

(14) "Developmental disability" has the same meaning as in	1124
section 5123.01 of the Revised Code.	1125

(15) "Foster caregiver" has the same meaning as in section	1126
5103.02 of the Revised Code.	1127

(16) "Guardian" means a person, association, or corporation	1128
that is granted authority by a probate court pursuant to Chapter	1129
2111. of the Revised Code to exercise parental rights over a child	1130
to the extent provided in the court's order and subject to the	1131
residual parental rights of the child's parents.	1132

(17) "Habitual truant" means any child of compulsory school	1133
age who is absent without legitimate excuse for absence from the	1134
public school the child is supposed to attend for five or more	1135
consecutive school days, seven or more school days in one school	1136
month, or twelve or more school days in a school year.	1137

(18) "Juvenile traffic offender" has the same meaning as in	1138
section 2152.02 of the Revised Code.	1139

(19) "Legal custody" means a legal status that vests in the	1140
custodian the right to have physical care and control of the child	1141
and to determine where and with whom the child shall live, and the	1142
right and duty to protect, train, and discipline the child and to	1143
provide the child with food, shelter, education, and medical care,	1144
all subject to any residual parental rights, privileges, and	1145
responsibilities. An individual granted legal custody shall	1146
exercise the rights and responsibilities personally unless	1147
otherwise authorized by any section of the Revised Code or by the	1148
court.	1149

(20) A "legitimate excuse for absence from the public school	1150
the child is supposed to attend" includes, but is not limited to,	1151
any of the following:	1152

(a) The fact that the child in question has enrolled in and	1153
is attending another public or nonpublic school in this or another	1154
state;	1155

(b) The fact that the child in question is excused from	1156
attendance at school for any of the reasons specified in section	1157
3321.04 of the Revised Code;	1158

(c) The fact that the child in question has received an age	1159
and schooling certificate in accordance with section 3331.01 of	1160
the Revised Code.	1161

(21) "Mental illness" and "mentally ill person subject to	1162
hospitalization by court order" have the same meanings as in	1163
section 5122.01 of the Revised Code.	1164

(22) "Mental injury" means any behavioral, cognitive,	1165
emotional, or mental disorder in a child caused by an act or	1166
omission that is described in section 2919.22 of the Revised Code	1167
and is committed by the parent or other person responsible for the	1168
child's care.	1169

(23) "Mentally retarded person" has the same meaning as in	1170
section 5123.01 of the Revised Code.	1171

(24) "Nonsecure care, supervision, or training" means care,	1172
supervision, or training of a child in a facility that does not	1173
confine or prevent movement of the child within the facility or	1174
from the facility.	1175

(25) "Of compulsory school age" has the same meaning as in	1176
section 3321.01 of the Revised Code.	1177

(26) "Organization" means any institution, public,	1178
semipublic, or private, and any private association, society, or	1179
agency located or operating in the state, incorporated or	1180
unincorporated, having among its functions the furnishing of	1181
protective services or care for children, or the placement of	1182
children in certified foster homes or elsewhere.	1183

(27) "Out-of-home care" means detention facilities, shelter	1184
facilities, certified children's crisis care facilities, certified	1185
foster homes, placement in a prospective adoptive home prior to	1186
the issuance of a final decree of adoption, organizations,	1187
certified organizations, ~~child day-care~~child-care centers, type A	1188
family ~~day-care~~child-care homes, child care provided by type B	1189
family ~~day-care~~child-care home providers and by in-home aides,	1190
group home providers, group homes, institutions, state	1191
institutions, residential facilities, residential care facilities,	1192
residential camps, day camps, public schools, chartered nonpublic	1193
schools, educational service centers, hospitals, and medical	1194
clinics that are responsible for the care, physical custody, or	1195
control of children.	1196

(28) "Out-of-home care child abuse" means any of the	1197
following when committed by a person responsible for the care of a	1198
child in out-of-home care:	1199

(a) Engaging in sexual activity with a child in the person's	1200
care;	1201

(b) Denial to a child, as a means of punishment, of proper or	1202
necessary subsistence, education, medical care, or other care	1203
necessary for a child's health;	1204

(c) Use of restraint procedures on a child that cause injury	1205
or pain;	1206

(d) Administration of prescription drugs or psychotropic	1207
medication to the child without the written approval and ongoing	1208
supervision of a licensed physician;	1209

(e) Commission of any act, other than by accidental means,	1210
that results in any injury to or death of the child in out-of-home	1211
care or commission of any act by accidental means that results in	1212
an injury to or death of a child in out-of-home care and that is	1213
at variance with the history given of the injury or death.	1214

(29) "Out-of-home care child neglect" means any of the	1215
following when committed by a person responsible for the care of a	1216
child in out-of-home care:	1217

(a) Failure to provide reasonable supervision according to	1218
the standards of care appropriate to the age, mental and physical	1219
condition, or other special needs of the child;	1220

(b) Failure to provide reasonable supervision according to	1221
the standards of care appropriate to the age, mental and physical	1222
condition, or other special needs of the child, that results in	1223
sexual or physical abuse of the child by any person;	1224

1225

(i) Administration of prescription drugs or psychotropic	1226
drugs for the child;	1227

(ii) Assuring that the instructions of the licensed physician	1228
who prescribed a drug for the child are followed;	1229

(iii) Reporting to the licensed physician who prescribed the	1230
drug all unfavorable or dangerous side effects from the use of the	1231
drug.	1232

(d) Failure to provide proper or necessary subsistence,	1233
education, medical care, or other individualized care necessary	1234
for the health or well-being of the child;	1235

(e) Confinement of the child to a locked room without	1236
monitoring by staff;	1237

(f) Failure to provide ongoing security for all prescription	1238
and nonprescription medication;	1239

(g) Isolation of a child for a period of time when there is	1240
substantial risk that the isolation, if continued, will impair or	1241
retard the mental health or physical well-being of the child.	1242

(30) "Permanent custody" means a legal status that vests in a	1243
public children services agency or a private child placing agency,	1244
all parental rights, duties, and obligations, including the right	1245
to consent to adoption, and divests the natural parents or	1246
adoptive parents of all parental rights, privileges, and	1247
obligations, including all residual rights and obligations.	1248

(31) "Permanent surrender" means the act of the parents or,	1249
if a child has only one parent, of the parent of a child, by a	1250
voluntary agreement authorized by section 5103.15 of the Revised	1251
Code, to transfer the permanent custody of the child to a public	1252
children services agency or a private child placing agency.	1253

(32) "Person" means an individual, association, corporation,	1254
or partnership and the state or any of its political subdivisions,	1255
departments, or agencies.	1256

(33) "Person responsible for a child's care in out-of-home	1257
care" means any of the following:	1258

(a) Any foster caregiver, in-home aide, or provider;

1259

(b) Any administrator, employee, or agent of any of the	1260
following: a public or private detention facility; shelter	1261
facility; certified children's crisis care facility; organization;	1262
certified organization; ~~child day-care~~child-care center; type A	1263
family ~~day-care~~child-care home; licensed type B family child-care	1264
home; certified type B family ~~day-care~~child-care home; group	1265
home; institution; state institution; residential facility;	1266
residential care facility; residential camp; day camp; school	1267
district; community school; chartered nonpublic school;	1268
educational service center; hospital; or medical clinic;	1269

(c) Any person who supervises or coaches children as part of	1270
an extracurricular activity sponsored by a school district, public	1271
school, or chartered nonpublic school;	1272

(d) Any other person who performs a similar function with	1273
respect to, or has a similar relationship to, children.	1274

(34) "Physically impaired" means having one or more of the	1275
following conditions that substantially limit one or more of an	1276
individual's major life activities, including self-care, receptive	1277
and expressive language, learning, mobility, and self-direction:	1278

(a) A substantial impairment of vision, speech, or hearing;

1279

(b) A congenital orthopedic impairment;

1280

(c) An orthopedic impairment caused by disease, rheumatic	1281
fever or any other similar chronic or acute health problem, or	1282
amputation or another similar cause.	1283

(35) "Placement for adoption" means the arrangement by a	1284
public children services agency or a private child placing agency	1285
with a person for the care and adoption by that person of a child	1286
of whom the agency has permanent custody.	1287

(36) "Placement in foster care" means the arrangement by a	1288
public children services agency or a private child placing agency	1289
for the out-of-home care of a child of whom the agency has	1290
temporary custody or permanent custody.	1291

(37) "Planned permanent living arrangement" means an order of	1292
a juvenile court pursuant to which both of the following apply:	1293

(a) The court gives legal custody of a child to a public	1294
children services agency or a private child placing agency without	1295
the termination of parental rights.	1296

(b) The order permits the agency to make an appropriate	1297
placement of the child and to enter into a written agreement with	1298
a foster care provider or with another person or agency with whom	1299
the child is placed.	1300

(38) "Practice of social work" and "practice of professional	1301
counseling" have the same meanings as in section 4757.01 of the	1302
Revised Code.	1303

(39) "Sanction, service, or condition" means a sanction,	1304
service, or condition created by court order following an	1305
adjudication that a child is an unruly child that is described in	1306
division (A)(4) of section 2152.19 of the Revised Code.	1307

(40) "Protective supervision" means an order of disposition	1308
pursuant to which the court permits an abused, neglected,	1309
dependent, or unruly child to remain in the custody of the child's	1310
parents, guardian, or custodian and stay in the child's home,	1311
subject to any conditions and limitations upon the child, the	1312
child's parents, guardian, or custodian, or any other person that	1313
the court prescribes, including supervision as directed by the	1314
court for the protection of the child.	1315

(41) "Psychiatrist" has the same meaning as in section	1316
5122.01 of the Revised Code.	1317

(42) "Psychologist" has the same meaning as in section	1318
4732.01 of the Revised Code.	1319

(43) "Residential camp" means a program in which the care,	1320
physical custody, or control of children is accepted overnight for	1321
recreational or recreational and educational purposes.	1322

(44) "Residential care facility" means an institution,	1323
residence, or facility that is licensed by the department of	1324
mental health under section 5119.22 of the Revised Code and that	1325
provides care for a child.	1326

(45) "Residential facility" means a home or facility that is	1327
licensed by the department of mental retardation and developmental	1328
disabilities under section 5123.19 of the Revised Code and in	1329
which a child with a developmental disability resides.	1330

(46) "Residual parental rights, privileges, and	1331
responsibilities" means those rights, privileges, and	1332
responsibilities remaining with the natural parent after the	1333
transfer of legal custody of the child, including, but not	1334
necessarily limited to, the privilege of reasonable visitation,	1335
consent to adoption, the privilege to determine the child's	1336
religious affiliation, and the responsibility for support.	1337

(47) "School day" means the school day established by the	1338
state board of education pursuant to section 3313.48 of the	1339
Revised Code.	1340

(48) "School month" and "school year" have the same meanings	1341
as in section 3313.62 of the Revised Code.	1342

(49) "Secure correctional facility" means a facility under	1343
the direction of the department of youth services that is designed	1344
to physically restrict the movement and activities of children and	1345
used for the placement of children after adjudication and	1346
disposition.	1347

(50) "Sexual activity" has the same meaning as in section	1348
2907.01 of the Revised Code.	1349

(51) "Shelter" means the temporary care of children in	1350
physically unrestricted facilities pending court adjudication or	1351
disposition.	1352

(52) "Shelter for victims of domestic violence" has the same	1353
meaning as in section 3113.33 of the Revised Code.	1354

(53) "Temporary custody" means legal custody of a child who	1355
is removed from the child's home, which custody may be terminated	1356
at any time at the discretion of the court or, if the legal	1357
custody is granted in an agreement for temporary custody, by the	1358
person who executed the agreement.	1359

(C) For the purposes of this chapter, a child shall be	1360
presumed abandoned when the parents of the child have failed to	1361
visit or maintain contact with the child for more than ninety	1362
days, regardless of whether the parents resume contact with the	1363
child after that period of ninety days.	1364

Sec. 2151.421. (A)(1)(a) No person described in division	1365
(A)(1)(b) of this section who is acting in an official or	1366
professional capacity and knows, or has reasonable cause to	1367
suspect based on facts that would cause a reasonable person in a	1368
similar position to suspect, that a child under eighteen years of	1369
age or a mentally retarded, developmentally disabled, or	1370
physically impaired child under twenty-one years of age has	1371
suffered or faces a threat of suffering any physical or mental	1372
wound, injury, disability, or condition of a nature that	1373
reasonably indicates abuse or neglect of the child shall fail to	1374
immediately report that knowledge or reasonable cause to suspect	1375
to the entity or persons specified in this division. Except as	1376
provided in section 5120.173 of the Revised Code, the person	1377
making the report shall make it to the public children services	1378
agency or a municipal or county peace officer in the county in	1379
which the child resides or in which the abuse or neglect is	1380
occurring or has occurred. In the circumstances described in	1381
section 5120.173 of the Revised Code, the person making the report	1382
shall make it to the entity specified in that section.	1383

(b) Division (A)(1)(a) of this section applies to any person	1384
who is an attorney; physician, including a hospital intern or	1385
resident; dentist; podiatrist; practitioner of a limited branch of	1386
medicine as specified in section 4731.15 of the Revised Code;	1387
registered nurse; licensed practical nurse; visiting nurse; other	1388
health care professional; licensed psychologist; licensed school	1389
psychologist; independent marriage and family therapist or	1390
marriage and family therapist; speech pathologist or audiologist;	1391
coroner; administrator or employee of a ~~child day-care~~child-care	1392
center; administrator or employee of a residential camp or child	1393
day camp; administrator or employee of a certified child care	1394
agency or other public or private children services agency; school	1395
teacher; school employee; school authority; person engaged in	1396
social work or the practice of professional counseling; agent of a	1397
county humane society; person, other than a cleric, rendering	1398
spiritual treatment through prayer in accordance with the tenets	1399
of a well-recognized religion; superintendent, board member, or	1400
employee of a county board of mental retardation; investigative	1401
agent contracted with by a county board of mental retardation;	1402
employee of the department of mental retardation and developmental	1403
disabilities; employee of a facility or home that provides respite	1404
care in accordance with section 5123.171 of the Revised Code;	1405
employee of a home health agency; employee of an entity that	1406
provides homemaker services; a person performing the duties of an	1407
assessor pursuant to Chapter 3107. or 5103. of the Revised Code;	1408
or third party employed by a public children services agency to	1409
assist in providing child or family related services.	1410

(2) Except as provided in division (A)(3) of this section, an	1411
attorney or a physician is not required to make a report pursuant	1412
to division (A)(1) of this section concerning any communication	1413
the attorney or physician receives from a client or patient in an	1414
attorney-client or physician-patient relationship, if, in	1415
accordance with division (A) or (B) of section 2317.02 of the	1416
Revised Code, the attorney or physician could not testify with	1417
respect to that communication in a civil or criminal proceeding.	1418

(3) The client or patient in an attorney-client or	1419
physician-patient relationship described in division (A)(2) of	1420
this section is deemed to have waived any testimonial privilege	1421
under division (A) or (B) of section 2317.02 of the Revised Code	1422
with respect to any communication the attorney or physician	1423
receives from the client or patient in that attorney-client or	1424
physician-patient relationship, and the attorney or physician	1425
shall make a report pursuant to division (A)(1) of this section	1426
with respect to that communication, if all of the following apply:	1427

(a) The client or patient, at the time of the communication,	1428
is either a child under eighteen years of age or a mentally	1429
retarded, developmentally disabled, or physically impaired person	1430
under twenty-one years of age.	1431

(b) The attorney or physician knows, or has reasonable cause	1432
to suspect based on facts that would cause a reasonable person in	1433
similar position to suspect, as a result of the communication or	1434
any observations made during that communication, that the client	1435
or patient has suffered or faces a threat of suffering any	1436
physical or mental wound, injury, disability, or condition of a	1437
nature that reasonably indicates abuse or neglect of the client or	1438
patient.	1439

(c) The abuse or neglect does not arise out of the client's	1440
or patient's attempt to have an abortion without the notification	1441
of her parents, guardian, or custodian in accordance with section	1442
2151.85 of the Revised Code.	1443

(4)(a) No cleric and no person, other than a volunteer,	1444
designated by any church, religious society, or faith acting as a	1445
leader, official, or delegate on behalf of the church, religious	1446
society, or faith who is acting in an official or professional	1447
capacity, who knows, or has reasonable cause to believe based on	1448
facts that would cause a reasonable person in a similar position	1449
to believe, that a child under eighteen years of age or a mentally	1450
retarded, developmentally disabled, or physically impaired child	1451
under twenty-one years of age has suffered or faces a threat of	1452
suffering any physical or mental wound, injury, disability, or	1453
condition of a nature that reasonably indicates abuse or neglect	1454
of the child, and who knows, or has reasonable cause to believe	1455
based on facts that would cause a reasonable person in a similar	1456
position to believe, that another cleric or another person, other	1457
than a volunteer, designated by a church, religious society, or	1458
faith acting as a leader, official, or delegate on behalf of the	1459
church, religious society, or faith caused, or poses the threat of	1460
causing, the wound, injury, disability, or condition that	1461
reasonably indicates abuse or neglect shall fail to immediately	1462
report that knowledge or reasonable cause to believe to the entity	1463
or persons specified in this division. Except as provided in	1464
section 5120.173 of the Revised Code, the person making the report	1465
shall make it to the public children services agency or a	1466
municipal or county peace officer in the county in which the child	1467
resides or in which the abuse or neglect is occurring or has	1468
occurred. In the circumstances described in section 5120.173 of	1469
the Revised Code, the person making the report shall make it to	1470
the entity specified in that section.	1471

(b) Except as provided in division (A)(4)(c) of this section,	1472
a cleric is not required to make a report pursuant to division	1473
(A)(4)(a) of this section concerning any communication the cleric	1474
receives from a penitent in a cleric-penitent relationship, if, in	1475
accordance with division (C) of section 2317.02 of the Revised	1476
Code, the cleric could not testify with respect to that	1477
communication in a civil or criminal proceeding.	1478

(c) The penitent in a cleric-penitent relationship described	1479
in division (A)(4)(b) of this section is deemed to have waived any	1480
testimonial privilege under division (C) of section 2317.02 of the	1481
Revised Code with respect to any communication the cleric receives	1482
from the penitent in that cleric-penitent relationship, and the	1483
cleric shall make a report pursuant to division (A)(4)(a) of this	1484
section with respect to that communication, if all of the	1485
following apply:	1486

(i) The penitent, at the time of the communication, is either	1487
a child under eighteen years of age or a mentally retarded,	1488
developmentally disabled, or physically impaired person under	1489
twenty-one years of age.	1490

(ii) The cleric knows, or has reasonable cause to believe	1491
based on facts that would cause a reasonable person in a similar	1492
position to believe, as a result of the communication or any	1493
observations made during that communication, the penitent has	1494
suffered or faces a threat of suffering any physical or mental	1495
wound, injury, disability, or condition of a nature that	1496
reasonably indicates abuse or neglect of the penitent.	1497

(iii) The abuse or neglect does not arise out of the	1498
penitent's attempt to have an abortion performed upon a child	1499
under eighteen years of age or upon a mentally retarded,	1500
developmentally disabled, or physically impaired person under	1501
twenty-one years of age without the notification of her parents,	1502
guardian, or custodian in accordance with section 2151.85 of the	1503
Revised Code.	1504

(d) Divisions (A)(4)(a) and (c) of this section do not apply	1505
in a cleric-penitent relationship when the disclosure of any	1506
communication the cleric receives from the penitent is in	1507
violation of the sacred trust.	1508

(e) As used in divisions (A)(1) and (4) of this section,	1509
"cleric" and "sacred trust" have the same meanings as in section	1510
2317.02 of the Revised Code.	1511

(B) Anyone who knows, or has reasonable cause to suspect	1512
based on facts that would cause a reasonable person in similar	1513
circumstances to suspect, that a child under eighteen years of age	1514
or a mentally retarded, developmentally disabled, or physically	1515
impaired person under twenty-one years of age has suffered or	1516
faces a threat of suffering any physical or mental wound, injury,	1517
disability, or other condition of a nature that reasonably	1518
indicates abuse or neglect of the child may report or cause	1519
reports to be made of that knowledge or reasonable cause to	1520
suspect to the entity or persons specified in this division.	1521
Except as provided in section 5120.173 of the Revised Code, a	1522
person making a report or causing a report to be made under this	1523
division shall make it or cause it to be made to the public	1524
children services agency or to a municipal or county peace	1525
officer. In the circumstances described in section 5120.173 of the	1526
Revised Code, a person making a report or causing a report to be	1527
made under this division shall make it or cause it to be made to	1528
the entity specified in that section.	1529

(C) Any report made pursuant to division (A) or (B) of this	1530
section shall be made forthwith either by telephone or in person	1531
and shall be followed by a written report, if requested by the	1532
receiving agency or officer. The written report shall contain:	1533

(1) The names and addresses of the child and the child's	1534
parents or the person or persons having custody of the child, if	1535
known;	1536

(2) The child's age and the nature and extent of the child's	1537
injuries, abuse, or neglect that is known or reasonably suspected	1538
or believed, as applicable, to have occurred or of the threat of	1539
injury, abuse, or neglect that is known or reasonably suspected or	1540
believed, as applicable, to exist, including any evidence of	1541
previous injuries, abuse, or neglect;	1542

(3) Any other information that might be helpful in	1543
establishing the cause of the injury, abuse, or neglect that is	1544
known or reasonably suspected or believed, as applicable, to have	1545
occurred or of the threat of injury, abuse, or neglect that is	1546
known or reasonably suspected or believed, as applicable, to	1547
exist.	1548

Any person, who is required by division (A) of this section	1549
to report child abuse or child neglect that is known or reasonably	1550
suspected or believed to have occurred, may take or cause to be	1551
taken color photographs of areas of trauma visible on a child and,	1552
if medically indicated, cause to be performed radiological	1553
examinations of the child.	1554

(D) As used in this division, "children's advocacy center"	1555
and "sexual abuse of a child" have the same meanings as in section	1556
2151.425 of the Revised Code.	1557

(1) When a municipal or county peace officer receives a	1558
report concerning the possible abuse or neglect of a child or the	1559
possible threat of abuse or neglect of a child, upon receipt of	1560
the report, the municipal or county peace officer who receives the	1561
report shall refer the report to the appropriate public children	1562
services agency.	1563

(2) When a public children services agency receives a report	1564
pursuant to this division or division (A) or (B) of this section,	1565
upon receipt of the report, the public children services agency	1566
shall do both of the following:	1567

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

1568

(b) If the county served by the agency is also served by a	1569
children's advocacy center and the report alleges sexual abuse of	1570
a child or another type of abuse of a child that is specified in	1571
the memorandum of understanding that creates the center as being	1572
within the center's jurisdiction, comply regarding the report with	1573
the protocol and procedures for referrals and investigations, with	1574
the coordinating activities, and with the authority or	1575
responsibility for performing or providing functions, activities,	1576
and services stipulated in the interagency agreement entered into	1577
under section 2151.428 of the Revised Code relative to that	1578
center.	1579

(E) No township, municipal, or county peace officer shall	1580
remove a child about whom a report is made pursuant to this	1581
section from the child's parents, stepparents, or guardian or any	1582
other persons having custody of the child without consultation	1583
with the public children services agency, unless, in the judgment	1584
of the officer, and, if the report was made by physician, the	1585
physician, immediate removal is considered essential to protect	1586
the child from further abuse or neglect. The agency that must be	1587
consulted shall be the agency conducting the investigation of the	1588
report as determined pursuant to section 2151.422 of the Revised	1589
Code.	1590

(F)(1) Except as provided in section 2151.422 of the Revised	1591
Code or in an interagency agreement entered into under section	1592
2151.428 of the Revised Code that applies to the particular	1593
report, the public children services agency shall investigate,	1594
within twenty-four hours, each report of child abuse or child	1595
neglect that is known or reasonably suspected or believed to have	1596
occurred and of a threat of child abuse or child neglect that is	1597
known or reasonably suspected or believed to exist that is	1598
referred to it under this section to determine the circumstances	1599
surrounding the injuries, abuse, or neglect or the threat of	1600
injury, abuse, or neglect, the cause of the injuries, abuse,	1601
neglect, or threat, and the person or persons responsible. The	1602
investigation shall be made in cooperation with the law	1603
enforcement agency and in accordance with the memorandum of	1604
understanding prepared under division (J) of this section. A	1605
representative of the public children services agency shall, at	1606
the time of initial contact with the person subject to the	1607
investigation, inform the person of the specific complaints or	1608
allegations made against the person. The information shall be	1609
given in a manner that is consistent with division (H)(1) of this	1610
section and protects the rights of the person making the report	1611
under this section.	1612

A failure to make the investigation in accordance with the	1613
memorandum is not grounds for, and shall not result in, the	1614
dismissal of any charges or complaint arising from the report or	1615
the suppression of any evidence obtained as a result of the report	1616
and does not give, and shall not be construed as giving, any	1617
rights or any grounds for appeal or post-conviction relief to any	1618
person. The public children services agency shall report each case	1619
to the uniform statewide automated child welfare information	1620
system that the department of job and family services shall	1621
maintain in accordance with section 5101.13 of the Revised Code.	1622
The public children services agency shall submit a report of its	1623
investigation, in writing, to the law enforcement agency.	1624

(2) The public children services agency shall make any	1625
recommendations to the county prosecuting attorney or city	1626
director of law that it considers necessary to protect any	1627
children that are brought to its attention.	1628

(G)(1)(a) Except as provided in division (H)(3) of this	1629
section, anyone or any hospital, institution, school, health	1630
department, or agency participating in the making of reports under	1631
division (A) of this section, anyone or any hospital, institution,	1632
school, health department, or agency participating in good faith	1633
in the making of reports under division (B) of this section, and	1634
anyone participating in good faith in a judicial proceeding	1635
resulting from the reports, shall be immune from any civil or	1636
criminal liability for injury, death, or loss to person or	1637
property that otherwise might be incurred or imposed as a result	1638
of the making of the reports or the participation in the judicial	1639
proceeding.	1640

(b) Notwithstanding section 4731.22 of the Revised Code, the	1641
physician-patient privilege shall not be a ground for excluding	1642
evidence regarding a child's injuries, abuse, or neglect, or the	1643
cause of the injuries, abuse, or neglect in any judicial	1644
proceeding resulting from a report submitted pursuant to this	1645
section.	1646

(2) In any civil or criminal action or proceeding in which it	1647
is alleged and proved that participation in the making of a report	1648
under this section was not in good faith or participation in a	1649
judicial proceeding resulting from a report made under this	1650
section was not in good faith, the court shall award the	1651
prevailing party reasonable attorney's fees and costs and, if a	1652
civil action or proceeding is voluntarily dismissed, may award	1653
reasonable attorney's fees and costs to the party against whom the	1654
civil action or proceeding is brought.	1655

(H)(1) Except as provided in divisions (H)(4) and (M) of this	1656
section, a report made under this section is confidential. The	1657
information provided in a report made pursuant to this section and	1658
the name of the person who made the report shall not be released	1659
for use, and shall not be used, as evidence in any civil action or	1660
proceeding brought against the person who made the report. In a	1661
criminal proceeding, the report is admissible in evidence in	1662
accordance with the Rules of Evidence and is subject to discovery	1663
in accordance with the Rules of Criminal Procedure.	1664

(2) No person shall permit or encourage the unauthorized	1665
dissemination of the contents of any report made under this	1666
section.	1667

(3) A person who knowingly makes or causes another person to	1668
make a false report under division (B) of this section that	1669
alleges that any person has committed an act or omission that	1670
resulted in a child being an abused child or a neglected child is	1671
guilty of a violation of section 2921.14 of the Revised Code.	1672

(4) If a report is made pursuant to division (A) or (B) of	1673
this section and the child who is the subject of the report dies	1674
for any reason at any time after the report is made, but before	1675
the child attains eighteen years of age, the public children	1676
services agency or municipal or county peace officer to which the	1677
report was made or referred, on the request of the child fatality	1678
review board, shall submit a summary sheet of information	1679
providing a summary of the report to the review board of the	1680
county in which the deceased child resided at the time of death.	1681
On the request of the review board, the agency or peace officer	1682
may, at its discretion, make the report available to the review	1683
board. If the county served by the public children services agency	1684
is also served by a children's advocacy center and the report of	1685
alleged sexual abuse of a child or another type of abuse of a	1686
child is specified in the memorandum of understanding that creates	1687
the center as being within the center's jurisdiction, the agency	1688
or center shall perform the duties and functions specified in this	1689
division in accordance with the interagency agreement entered into	1690
under section 2151.428 of the Revised Code relative to that	1691
advocacy center.	1692

(5) A public children services agency shall advise a person	1693
alleged to have inflicted abuse or neglect on a child who is the	1694
subject of a report made pursuant to this section, including a	1695
report alleging sexual abuse of a child or another type of abuse	1696
of a child referred to a children's advocacy center pursuant to an	1697
interagency agreement entered into under section 2151.428 of the	1698
Revised Code, in writing of the disposition of the investigation.	1699
The agency shall not provide to the person any information that	1700
identifies the person who made the report, statements of	1701
witnesses, or police or other investigative reports.	1702

(I) Any report that is required by this section, other than a	1703
report that is made to the state highway patrol as described in	1704
section 5120.173 of the Revised Code, shall result in protective	1705
services and emergency supportive services being made available by	1706
the public children services agency on behalf of the children	1707
about whom the report is made, in an effort to prevent further	1708
neglect or abuse, to enhance their welfare, and, whenever	1709
possible, to preserve the family unit intact. The agency required	1710
to provide the services shall be the agency conducting the	1711
investigation of the report pursuant to section 2151.422 of the	1712
Revised Code.	1713

(J)(1) Each public children services agency shall prepare a	1714
memorandum of understanding that is signed by all of the	1715
following:	1716

(a) If there is only one juvenile judge in the county, the	1717
juvenile judge of the county or the juvenile judge's	1718
representative;	1719

(b) If there is more than one juvenile judge in the county, a	1720
juvenile judge or the juvenile judges' representative selected by	1721
the juvenile judges or, if they are unable to do so for any	1722
reason, the juvenile judge who is senior in point of service or	1723
the senior juvenile judge's representative;	1724

1725

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

1726

(e) Other law enforcement officers handling child abuse and	1727
neglect cases in the county;	1728

(f) The prosecuting attorney of the county;

1729

(g) If the public children services agency is not the county	1730
department of job and family services, the county department of	1731
job and family services;	1732

(h) The county humane society;

1733

(i) If the public children services agency participated in	1734
the execution of a memorandum of understanding under section	1735
2151.426 of the Revised Code establishing a children's advocacy	1736
center, each participating member of the children's advocacy	1737
center established by the memorandum.	1738

(2) A memorandum of understanding shall set forth the normal	1739
operating procedure to be employed by all concerned officials in	1740
the execution of their respective responsibilities under this	1741
section and division (C) of section 2919.21, division (B)(1) of	1742
section 2919.22, division (B) of section 2919.23, and section	1743
2919.24 of the Revised Code and shall have as two of its primary	1744
goals the elimination of all unnecessary interviews of children	1745
who are the subject of reports made pursuant to division (A) or	1746
(B) of this section and, when feasible, providing for only one	1747
interview of a child who is the subject of any report made	1748
pursuant to division (A) or (B) of this section. A failure to	1749
follow the procedure set forth in the memorandum by the concerned	1750
officials is not grounds for, and shall not result in, the	1751
dismissal of any charges or complaint arising from any reported	1752
case of abuse or neglect or the suppression of any evidence	1753
obtained as a result of any reported child abuse or child neglect	1754
and does not give, and shall not be construed as giving, any	1755
rights or any grounds for appeal or post-conviction relief to any	1756
person.	1757

(3) A memorandum of understanding shall include all of the	1758
following:	1759

(a) The roles and responsibilities for handling emergency and	1760
nonemergency cases of abuse and neglect;	1761

(b) Standards and procedures to be used in handling and	1762
coordinating investigations of reported cases of child abuse and	1763
reported cases of child neglect, methods to be used in	1764
interviewing the child who is the subject of the report and who	1765
allegedly was abused or neglected, and standards and procedures	1766
addressing the categories of persons who may interview the child	1767
who is the subject of the report and who allegedly was abused or	1768
neglected.	1769

(4) If a public children services agency participated in the	1770
execution of a memorandum of understanding under section 2151.426	1771
of the Revised Code establishing a children's advocacy center, the	1772
agency shall incorporate the contents of that memorandum in the	1773
memorandum prepared pursuant to this section.	1774

(K)(1) Except as provided in division (K)(4) of this section,	1775
a person who is required to make a report pursuant to division (A)	1776
of this section may make a reasonable number of requests of the	1777
public children services agency that receives or is referred the	1778
report, or of the children's advocacy center that is referred the	1779
report if the report is referred to a children's advocacy center	1780
pursuant to an interagency agreement entered into under section	1781
2151.428 of the Revised Code, to be provided with the following	1782
information:	1783

(a) Whether the agency or center has initiated an	1784
investigation of the report;	1785

(b) Whether the agency or center is continuing to investigate	1786
the report;	1787

(c) Whether the agency or center is otherwise involved with	1788
the child who is the subject of the report;	1789

(d) The general status of the health and safety of the child	1790
who is the subject of the report;	1791

(e) Whether the report has resulted in the filing of a	1792
complaint in juvenile court or of criminal charges in another	1793
court.	1794

(2) A person may request the information specified in	1795
division (K)(1) of this section only if, at the time the report is	1796
made, the person's name, address, and telephone number are	1797
provided to the person who receives the report.	1798

When a municipal or county peace officer or employee of a	1799
public children services agency receives a report pursuant to	1800
division (A) or (B) of this section the recipient of the report	1801
shall inform the person of the right to request the information	1802
described in division (K)(1) of this section. The recipient of the	1803
report shall include in the initial child abuse or child neglect	1804
report that the person making the report was so informed and, if	1805
provided at the time of the making of the report, shall include	1806
the person's name, address, and telephone number in the report.	1807

Each request is subject to verification of the identity of	1808
the person making the report. If that person's identity is	1809
verified, the agency shall provide the person with the information	1810
described in division (K)(1) of this section a reasonable number	1811
of times, except that the agency shall not disclose any	1812
confidential information regarding the child who is the subject of	1813
the report other than the information described in those	1814
divisions.	1815

(3) A request made pursuant to division (K)(1) of this	1816
section is not a substitute for any report required to be made	1817
pursuant to division (A) of this section.	1818

(4) If an agency other than the agency that received or was	1819
referred the report is conducting the investigation of the report	1820
pursuant to section 2151.422 of the Revised Code, the agency	1821
conducting the investigation shall comply with the requirements of	1822
division (K) of this section.	1823

(L) The director of job and family services shall adopt rules	1824
in accordance with Chapter 119. of the Revised Code to implement	1825
this section. The department of job and family services may enter	1826
into a plan of cooperation with any other governmental entity to	1827
aid in ensuring that children are protected from abuse and	1828
neglect. The department shall make recommendations to the attorney	1829
general that the department determines are necessary to protect	1830
children from child abuse and child neglect.	1831

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

1832

(a) "Out-of-home care" includes a nonchartered nonpublic	1833
school if the alleged child abuse or child neglect, or alleged	1834
threat of child abuse or child neglect, described in a report	1835
received by a public children services agency allegedly occurred	1836
in or involved the nonchartered nonpublic school and the alleged	1837
perpetrator named in the report holds a certificate, permit, or	1838
license issued by the state board of education under section	1839
3301.071 or Chapter 3319. of the Revised Code.	1840

(b) "Administrator, director, or other chief administrative	1841
officer" means the superintendent of the school district if the	1842
out-of-home care entity subject to a report made pursuant to this	1843
section is a school operated by the district.	1844

(2) No later than the end of the day following the day on	1845
which a public children services agency receives a report of	1846
alleged child abuse or child neglect, or a report of an alleged	1847
threat of child abuse or child neglect, that allegedly occurred in	1848
or involved an out-of-home care entity, the agency shall provide	1849
written notice of the allegations contained in and the person	1850
named as the alleged perpetrator in the report to the	1851
administrator, director, or other chief administrative officer of	1852
the out-of-home care entity that is the subject of the report	1853
unless the administrator, director, or other chief administrative	1854
officer is named as an alleged perpetrator in the report. If the	1855
administrator, director, or other chief administrative officer of	1856
an out-of-home care entity is named as an alleged perpetrator in a	1857
report of alleged child abuse or child neglect, or a report of an	1858
alleged threat of child abuse or child neglect, that allegedly	1859
occurred in or involved the out-of-home care entity, the agency	1860
shall provide the written notice to the owner or governing board	1861
of the out-of-home care entity that is the subject of the report.	1862
The agency shall not provide witness statements or police or other	1863
investigative reports.	1864

(3) No later than three days after the day on which a public	1865
children services agency that conducted the investigation as	1866
determined pursuant to section 2151.422 of the Revised Code makes	1867
a disposition of an investigation involving a report of alleged	1868
child abuse or child neglect, or a report of an alleged threat of	1869
child abuse or child neglect, that allegedly occurred in or	1870
involved an out-of-home care entity, the agency shall send written	1871
notice of the disposition of the investigation to the	1872
administrator, director, or other chief administrative officer and	1873
the owner or governing board of the out-of-home care entity. The	1874
agency shall not provide witness statements or police or other	1875
investigative reports.	1876

Sec. 2907.08. (A) No person, for the purpose of sexually	1877
arousing or gratifying the person's self, shall commit trespass or	1878
otherwise surreptitiously invade the privacy of another, to spy or	1879
eavesdrop upon another.	1880

(B) No person, for the purpose of sexually arousing or	1881
gratifying the person's self, shall commit trespass or otherwise	1882
surreptitiously invade the privacy of another to videotape, film,	1883
photograph, or otherwise record the other person in a state of	1884
nudity.	1885

(C) No person, for the purpose of sexually arousing or	1886
gratifying the person's self, shall commit trespass or otherwise	1887
surreptitiously invade the privacy of another to videotape, film,	1888
photograph, or otherwise record the other person in a state of	1889
nudity if the other person is a minor.	1890

(D) No person, for the purpose of sexually arousing or	1891
gratifying the person's self, shall commit trespass or otherwise	1892
surreptitiously invade the privacy of another to videotape, film,	1893
photograph, or otherwise record the other person in a state of	1894
nudity if the other person is a minor and any of the following	1895
applies:	1896

(1) The offender is the minor's natural or adoptive parent,	1897
stepparent, guardian, or custodian, or person in loco parentis of	1898
the minor.	1899

(2) The minor is in custody of law or is a patient in a	1900
hospital or other institution, and the offender has supervisory or	1901
disciplinary authority over the minor.	1902

(3) The offender is a teacher, administrator, coach, or other	1903
person in authority employed by or serving in a school for which	1904
the state board of education prescribes minimum standards pursuant	1905
to division (D) of section 3301.07 of the Revised Code, the minor	1906
is enrolled in or attends that school, and the offender is not	1907
enrolled in and does not attend that school.	1908

(4) The offender is a teacher, administrator, coach, or other	1909
person in authority employed by or serving in an institution of	1910
higher education, and the minor is enrolled in or attends that	1911
institution.	1912

(5) The offender is a caregiver, administrator, or other	1913
person in authority employed by or serving in a ~~child day-care~~	1914
child-care center, type A family ~~day-care~~child-care home, or type	1915
B family ~~day-care~~child-care home, and the minor is enrolled in or	1916
attends that center or home.	1917

(6) The offender is the minor's athletic or other type of	1918
coach, is the minor's instructor, is the leader of a scouting	1919
troop of which the minor is a member, provides babysitting care	1920
for the minor, or is a person with temporary or occasional	1921
disciplinary control over the minor.	1922

(E) No person shall secretly or surreptitiously videotape,	1923
film, photograph, or otherwise record another person under or	1924
through the clothing being worn by that other person for the	1925
purpose of viewing the body of, or the undergarments worn by, that	1926
other person.	1927

(F)(1) Whoever violates this section is guilty of voyeurism.

1928

(2) A violation of division (A) of this section is a	1929
misdemeanor of the third degree.	1930

(3) A violation of division (B) of this section is a	1931
misdemeanor of the second degree.	1932

(4) A violation of division (C) or (E) of this section is a	1933
misdemeanor of the first degree.	1934

(5) A violation of division (D) of this section is a felony	1935
of the fifth degree.	1936

(G) As used in this section:

1937

(1) "Institution of higher education" means a state	1938
institution of higher education as defined in section 3345.031 of	1939
the Revised Code, a private nonprofit college or university	1940
located in this state that possesses a certificate of	1941
authorization issued by the Ohio board of regents pursuant to	1942
Chapter 1713. of the Revised Code, or a school certified under	1943
Chapter 3332. of the Revised Code.	1944

(2) "~~Child day-care~~Child-care center," "type A family	1945
~~day-care~~child-care home," and "type B family ~~day-care~~child-care	1946
home" have the same meanings as in section 5104.01 of the Revised	1947
Code.	1948

(3) "Babysitting care" means care provided for a child while	1949
the parents, guardian, or legal custodian of the child is	1950
temporarily away.	1951

Sec. 2919.223. As used in sections 2919.223 to 2919.227 of	1952
the Revised Code:	1953

(A) "Child care," "~~child day-care~~child-care center,"	1954
"in-home aide," "type A family ~~day-care~~child-care home," and	1955
"type B family ~~day-care~~child-care home" have the same meanings as	1956
in section 5104.01 of the Revised Code.	1957

(B) "Child care center licensee" means the owner of a child	1958
day-care center licensed pursuant to Chapter 5104. of the Revised	1959
Code who is responsible for ensuring the center's compliance with	1960
Chapter 5104. of the Revised Code and rules adopted pursuant to	1961
that chapter.	1962

(C) "Child care facility" means a ~~child day-care~~child-care	1963
center, a type A family ~~day-care~~child-care home, or a type B	1964
family ~~day-care~~child-care home.	1965

(D) "Child care provider" means any of the following:

1966

(1) An owner, provider, administrator, or employee of, or	1967
volunteer at, a child care facility;	1968

(2) An in-home aide;

1969

(3) A person who represents that the person provides child	1970
care.	1971

(E) "Peace officer" has the same meaning as in section	1972
2935.01 of the Revised Code.	1973

Sec. 2919.224. (A) No child care provider shall knowingly	1974
misrepresent any factor or condition that relates to the provision	1975
of child care and that substantially affects the health or safety	1976
of any child or children in that provider's facility or receiving	1977
child care from that provider to any of the following:	1978

(1) A parent, guardian, custodian, or other person	1979
responsible for the care of a child in the provider's facility or	1980
receiving child care from the provider;	1981

(2) A parent, guardian, custodian, or other person	1982
responsible for the care of a child who is considering the	1983
provider as a child care provider for the child;	1984

(3) A public official responsible for issuing the provider a	1985
license or certificate to provide child care;	1986

(4) A public official investigating or inquiring about the	1987
provision of child care by the provider;	1988

(5) A peace officer.

1989

(B) For the purposes of this section, "any factor or	1990
condition that relates to the provision of child care" includes,	1991
but is not limited to, the following:	1992

(1) The person or persons who will provide child care to the	1993
child of the parent, guardian, custodian, or other person	1994
responsible for the care of the child, or to the children in	1995
general;	1996

(2) The qualifications to provide child care of the child	1997
care provider, of a person employed by the provider, or of a	1998
person who provides child care as a volunteer;	1999

(3) The number of children to whom child care is provided at	2000
one time or the number of children receiving child care in the	2001
child care facility at one time;	2002

(4) The conditions or safety features of the child care	2003
facility;	2004

(5) The area of the child care facility in which ~~child~~	2005
~~day-care~~child-care is provided.	2006

(C) Whoever violates division (A) of this section is guilty	2007
of misrepresentation by a child care provider, a misdemeanor of	2008
the first degree.	2009

Sec. 2919.225. (A) Subject to division (C) of this section,	2010
no owner, provider, or administrator of a type A family ~~day-care~~	2011
child-care home or type B family ~~day-care~~child-care home, knowing	2012
that the event described in division (A)(1) or (2) of this section	2013
has occurred, shall accept a child into that home without first	2014
disclosing to the parent, guardian, custodian, or other person	2015
responsible for the care of that child any of the following that	2016
has occurred:	2017

(1) A child died while under the care of the home or while	2018
receiving child care from the owner, provider, or administrator or	2019
died as a result of injuries suffered while under the care of the	2020
home or while receiving child care from the owner, provider, or	2021
administrator.	2022

(2) Within the preceding ten years, a child suffered injuries	2023
while under the care of the home or while receiving child care	2024
from the owner, provider, or administrator, and those injuries led	2025
to the child being hospitalized for more than twenty-four hours.	2026

(B)(1) Subject to division (C) of this section, no owner,	2027
provider, or administrator of a type A family ~~day-care~~child-care	2028
home or type B family ~~day-care~~child-care home shall fail to	2029
provide notice in accordance with division (B)(3) of this section	2030
to the persons and entities specified in division (B)(2) of this	2031
section, of any of the following that occurs:	2032

(a) A child who is under the care of the home or is receiving	2033
child care from the owner, provider, or administrator dies while	2034
under the care of the home or while receiving child care from the	2035
owner, provider, or administrator or dies as a result of injuries	2036
suffered while under the care of the home or while receiving child	2037
~~day-care~~care from the owner, provider, or administrator.	2038

(b) A child who is under the care of the home or is receiving	2039
child care from the owner, provider, or administrator is	2040
hospitalized for more than twenty-four hours as a result of	2041
injuries suffered while under the care of the home or while	2042
receiving child care from the owner, provider, or administrator.	2043

(2) An owner, provider, or administrator of a home shall	2044
provide the notices required under division (B)(1) of this section	2045
to each of the following:	2046

(a) For each child who, at the time of the injury or death	2047
for which the notice is required, is receiving or is enrolled to	2048
receive child care at the home or from the owner, provider, or	2049
administrator, to the parent, guardian, custodian, or other person	2050
responsible for the care of the child;	2051

(b) If the notice is required as the result of the death of a	2052
child as described in division (B)(1)(a) of this section, to the	2053
public children services agency of the county in which the home is	2054
located or the child care was given, a municipal or county peace	2055
officer in the county in which the child resides or in which the	2056
home is located or the child care was given, and the child	2057
fatality review board appointed under section 307.621 of the	2058
Revised Code that serves the county in which the home is located	2059
or the child care was given.	2060

(3) An owner, provider, or administrator of a home shall	2061
provide the notices required by divisions (B)(1) and (2) of this	2062
section not later than forty-eight hours after the child dies or,	2063
regarding a child who is hospitalized for more than twenty-four	2064
hours as a result of injuries suffered while under the care of the	2065
home, not later than forty-eight hours after the child suffers the	2066
injuries. If a child is hospitalized for more than twenty-four	2067
hours as a result of injuries suffered while under the care of the	2068
home, and the child subsequently dies as a result of those	2069
injuries, the owner, provider, or administrator shall provide	2070
separate notices under divisions (B)(1) and (2) of this section	2071
regarding both the injuries and the death. All notices provided	2072
under divisions (B)(1) and (2) of this section shall state that	2073
the death or injury occurred.	2074

(C) Division (A) of this section does not require more than	2075
one person to make disclosures to the same parent, guardian,	2076
custodian, or other person responsible for the care of a child	2077
regarding any single injury or death for which disclosure is	2078
required under that division. Division (B) of this section does	2079
not require more than one person to give notices to the same	2080
parent, guardian, custodian, other person responsible for the care	2081
of the child, public children services agency, peace officer, or	2082
child fatality review board regarding any single injury or death	2083
for which disclosure is required under division (B)(1) of this	2084
section.	2085

(D) An owner, provider, or administrator of a type A family	2086
~~day-care~~child-care home or type B family ~~day-care~~child-care home	2087
is not subject to civil liability solely for making a disclosure	2088
required by this section.	2089

(E) Whoever violates division (A) or (B) of this section is	2090
guilty of failure of a type A or type B family ~~day-care~~child-care	2091
home to disclose the death or serious injury of a child, a	2092
misdemeanor of the fourth degree.	2093

Sec. 2919.226. (A) If a child care provider accurately	2094
answers the questions on a child care disclosure form that is in	2095
substantially the form set forth in division (B) of this section,	2096
presents the form to a person identified in division (A)(1) or (2)	2097
of section 2919.224 of the Revised Code, and obtains the person's	2098
signature on the acknowledgement in the form, to the extent that	2099
the information set forth on the form is accurate, the provider	2100
who presents the form is not subject to prosecution under division	2101
(A) of section 2919.224 of the Revised Code regarding presentation	2102
of that information to that person.	2103

An owner, provider, or administrator of a type A family	2104
~~day-care~~child-care home or a type B family ~~day-care~~child-care	2105
home may comply with division (A) of section 2919.225 of the	2106
Revised Code by accurately answering the questions on a child care	2107
disclosure form that is in substantially the form set forth in	2108
division (B) of this section, providing a copy of the form to the	2109
parent, guardian, custodian, or other person responsible for the	2110
care of a child and to whom disclosure is to be made under	2111
division (A) of section 2919.225 of the Revised Code, and	2112
obtaining the person's signature on the acknowledgement in the	2113
form.	2114

The use of the form set forth in division (B) of this section	2115
is discretionary and is not required to comply with any disclosure	2116
requirement contained in section 2919.225 of the Revised Code or	2117
for any purpose related to section 2919.224 of the Revised Code.	2118

(B) To be sufficient for the purposes described in division	2119
(A) of this section, a child care disclosure form shall be in	2120
substantially the following form:	2121

"CHILD CARE DISCLOSURE FORM	2122

Please Note: This form contains information that is accurate	2123
only at the time the form is given to you. The information	2124
provided in this form is likely to change over time. It is the	2125
duty of the person responsible for the care of the child to	2126
monitor the status of child care services to ensure that those	2127
services remain satisfactory. If a question on this form is left	2128
unanswered, the child care provider makes no assertion regarding	2129
the question. Choosing appropriate child care for a child is a	2130
serious responsibility, and the person responsible for the care of	2131
the child is encouraged to make all appropriate inquiries. Also,	2132
in acknowledging receipt of this form, the person responsible for	2133
the care of the child acknowledges that in selecting the child	2134
care provider the person is not relying on any representations	2135
other than those provided in this form unless the child care	2136
provider has acknowledged the other representations in writing.	2137

1. What are the names and qualifications to provide child	2138
care of: (a) the child care provider, (b) the employee who will	2139
provide child care to the applicant child, (c) the volunteer who	2140
will provide child care to the applicant child, and (d) any other	2141
employees or volunteers of the child care provider? (attach	2142
additional sheets if necessary):	2143

		2144
		2145
		2146

2. What is the maximum number of children to whom you provide	2147
child care at one time? (If children are divided into groups or	2148
classes, please describe the maximum number of children in each	2149
group or class and indicate the group or class in which the	2150
applicant child will be placed.):	2151

		2152
		2153
		2154

3. Where in the home will you provide child care to the	2155
applicant child?:	2156

		2157
		2158
		2159

4. Has a child died while in the care of, or receiving child	2160
care from, the child care provider? (Yes/No)	2161

Description/explanation (attach additional sheets if	2162
necessary)	2163

		2164
		2165
		2166

5. Has a child died as a result of injuries suffered while	2167
under the care of, or receiving child care from, the ~~child~~	2168
~~day-care~~child-care provider? (Yes/No)	2169

Description/explanation (attach additional sheets if	2170
necessary)	2171

		2172
		2173
		2174

6. Within the preceding ten years, has a child suffered	2175
injuries while under the care of, or receiving child care from,	2176
the child care provider that led to the child being hospitalized	2177
for more than 24 hours? (Yes/No)	2178

Description/explanation (attach additional sheets if	2179
necessary)	2180

		2181
		2182
		2183

		2184
Signature of person completing form	Date	2185
		2186
Name of person completing form		2187
(Typed or printed)		2188
		2189
Title of person completing form		2190
(Typed or printed)		2191

Acknowledgement:

2192

I hereby acknowledge that I have been given a copy of the	2193
preceding document and have read and understood its contents. I	2194
further acknowledge that I am not relying on any other	2195
representations in selecting the child care provider unless the	2196
child care provider has acknowledged the other representations in	2197
writing.	2198

				2199
Person receiving the form		Date"		2200

(C) If a child care provider accurately answers the questions	2201
on a disclosure form that is substantially similar to the form	2202
described in division (B) of this section, presents the form to a	2203
person identified in division (A)(1) or (2) of section 2919.224 of	2204
the Revised Code, and obtains the person's signature on the	2205
acknowledgement in the form, to the extent that the information	2206
set forth on the form is accurate, the form is sufficient for the	2207
purposes described in division (A) of this section.	2208

An owner, provider, or administrator of a type A family	2209
~~day-care~~child-care home or a type B family ~~day-care~~child-care	2210
home who accurately answers the questions on a disclosure form	2211
that is substantially similar to the form described in division	2212
(B) of this section, provides a copy of the completed form to the	2213
parent, guardian, custodian, or other person who is responsible	2214
for the care of a child and to whom disclosure is to be made under	2215
division (A) of section 2919.225 of the Revised Code, and obtains	2216
the person's signature on the acknowledgement in the form complies	2217
with the requirements of that division. If the owner, provider, or	2218
administrator uses the disclosure form, leaving a portion of the	2219
disclosure form blank does not constitute a misrepresentation for	2220
the purposes of section 2919.224 of the Revised Code but may	2221
constitute a violation of section 2919.225 of the Revised Code.	2222
The owner, provider, or administrator of a type A family ~~day-care~~	2223
child-care home or type B family ~~day-care~~child-care home who	2224
completes the disclosure form and provides a copy of the form to	2225
any person described in section 2919.224 or 2919.225 of the	2226
Revised Code may retain a copy of the completed form.	2227

Sec. 2923.124. As used in sections 2923.124 to 2923.1213 of	2228
the Revised Code:	2229

(A) "Application form" means the application form prescribed	2230
pursuant to division (A)(1) of section 109.731 of the Revised Code	2231
and includes a copy of that form.	2232

(B) "Competency certification" and "competency certificate"	2233
mean a document of the type described in division (B)(3) of	2234
section 2923.125 of the Revised Code.	2235

(C) "Detention facility" has the same meaning as in section	2236
2921.01 of the Revised Code.	2237

(D) "Licensee" means a person to whom a license to carry a	2238
concealed handgun has been issued under section 2923.125 of the	2239
Revised Code and, except when the context clearly indicates	2240
otherwise, includes a person to whom a temporary emergency license	2241
to carry a concealed handgun has been issued under section	2242
2923.1213 of the Revised Code.	2243

(E) "License fee" or "license renewal fee" means the fee for	2244
a license to carry a concealed handgun or the fee to renew that	2245
license that is prescribed pursuant to division (C) of section	2246
109.731 of the Revised Code and that is to be paid by an applicant	2247
for a license of that type.	2248

(F) "Peace officer" has the same meaning as in section	2249
2935.01 of the Revised Code.	2250

(G) "State correctional institution" has the same meaning as	2251
in section 2967.01 of the Revised Code.	2252

(H) "Valid license" means a license or temporary emergency	2253
license to carry a concealed handgun that has been issued under	2254
section 2923.125 or 2923.1213 of the Revised Code, that is	2255
currently valid, that is not under a suspension under division	2256
(A)(1) of section 2923.128 or under section 2923.1213 of the	2257
Revised Code, and that has not been revoked under division (B)(1)	2258
of section 2923.128 or under section 2923.1213 of the Revised	2259
Code.	2260

(I) "Civil protection order" means a protection order issued,	2261
or consent agreement approved, under section 2903.214 or 3113.31	2262
of the Revised Code.	2263

(J) "Temporary protection order" means a protection order	2264
issued under section 2903.213 or 2919.26 of the Revised Code.	2265

(K) "Protection order issued by a court of another state" has	2266
the same meaning as in section 2919.27 of the Revised Code.	2267

(L) "~~Child day-care~~Child-care center," "type A family	2268
~~day-care~~child-care home" and "type B family ~~day-care~~child-care	2269
home" have the same meanings as in section 5104.01 of the Revised	2270
Code.	2271

(M) ~~"Type C family day-care home" means a family day-care~~	2272
~~home authorized to provide child care by Sub. H.B. 62 of the 121st~~	2273
~~general assembly, as amended by Am. Sub. S.B. 160 of the 121st~~	2274
~~general assembly and Sub. H.B. 407 of the 123rd general assembly.~~	2275

~~(N)~~ "Foreign air transportation," "interstate air	2276
transportation," and "intrastate air transportation" have the same	2277
meanings as in 49 U.S.C. 40102, as now or hereafter amended.	2278

~~(O)~~(N) "Commercial motor vehicle" has the same meaning as in	2279
division (A) of section 4506.25 of the Revised Code.	2280

~~(P)~~(O) "Motor carrier enforcement unit" has the same meaning	2281
as in section 2923.16 of the Revised Code.	2282

Sec. 2923.126. (A) A license to carry a concealed handgun	2283
that is issued under section 2923.125 of the Revised Code on or	2284
after ~~the effective date of this amendment~~March 14, 2007, shall	2285
expire five years after the date of issuance, and a license that	2286
is so issued prior to ~~the effective date of this amendment~~March	2287
14, 2007, shall expire four years after the date of issuance. A	2288
licensee who has been issued a license under that section shall be	2289
granted a grace period of thirty days after the licensee's license	2290
expires during which the licensee's license remains valid. Except	2291
as provided in divisions (B) and (C) of this section, a licensee	2292
who has been issued a license under section 2923.125 or 2923.1213	2293
of the Revised Code may carry a concealed handgun anywhere in this	2294
state if the licensee also carries a valid license and valid	2295
identification when the licensee is in actual possession of a	2296
concealed handgun. The licensee shall give notice of any change in	2297
the licensee's residence address to the sheriff who issued the	2298
license within forty-five days after that change.	2299

If a licensee is the driver or an occupant of a motor vehicle	2300
that is stopped as the result of a traffic stop or a stop for	2301
another law enforcement purpose and if the licensee is	2302
transporting or has a loaded handgun in the motor vehicle at that	2303
time, the licensee shall promptly inform any law enforcement	2304
officer who approaches the vehicle while stopped that the licensee	2305
has been issued a license or temporary emergency license to carry	2306
a concealed handgun and that the licensee currently possesses or	2307
has a loaded handgun; the licensee shall not knowingly disregard	2308
or fail to comply with lawful orders of a law enforcement officer	2309
given while the motor vehicle is stopped, knowingly fail to remain	2310
in the motor vehicle while stopped, or knowingly fail to keep the	2311
licensee's hands in plain sight after any law enforcement officer	2312
begins approaching the licensee while stopped and before the	2313
officer leaves, unless directed otherwise by a law enforcement	2314
officer; and the licensee shall not knowingly remove, attempt to	2315
remove, grasp, or hold the loaded handgun or knowingly have	2316
contact with the loaded handgun by touching it with the licensee's	2317
hands or fingers, in any manner in violation of division (E) of	2318
section 2923.16 of the Revised Code, after any law enforcement	2319
officer begins approaching the licensee while stopped and before	2320
the officer leaves. Additionally, if a licensee is the driver or	2321
an occupant of a commercial motor vehicle that is stopped by an	2322
employee of the motor carrier enforcement unit for the purposes	2323
defined in section 5503.04 of the Revised Code and if the licensee	2324
is transporting or has a loaded handgun in the commercial motor	2325
vehicle at that time, the licensee shall promptly inform the	2326
employee of the unit who approaches the vehicle while stopped that	2327
the licensee has been issued a license or temporary emergency	2328
license to carry a concealed handgun and that the licensee	2329
currently possesses or has a loaded handgun.	2330

If a licensee is stopped for a law enforcement purpose and if	2331
the licensee is carrying a concealed handgun at the time the	2332
officer approaches, the licensee shall promptly inform any law	2333
enforcement officer who approaches the licensee while stopped that	2334
the licensee has been issued a license or temporary emergency	2335
license to carry a concealed handgun and that the licensee	2336
currently is carrying a concealed handgun; the licensee shall not	2337
knowingly disregard or fail to comply with lawful orders of a law	2338
enforcement officer given while the licensee is stopped or	2339
knowingly fail to keep the licensee's hands in plain sight after	2340
any law enforcement officer begins approaching the licensee while	2341
stopped and before the officer leaves, unless directed otherwise	2342
by a law enforcement officer; and the licensee shall not knowingly	2343
remove, attempt to remove, grasp, or hold the loaded handgun or	2344
knowingly have contact with the loaded handgun by touching it with	2345
the licensee's hands or fingers, in any manner in violation of	2346
division (B) of section 2923.12 of the Revised Code, after any law	2347
enforcement officer begins approaching the licensee while stopped	2348
and before the officer leaves.	2349

(B) A valid license issued under section 2923.125 or	2350
2923.1213 of the Revised Code does not authorize the licensee to	2351
carry a concealed handgun in any manner prohibited under division	2352
(B) of section 2923.12 of the Revised Code or in any manner	2353
prohibited under section 2923.16 of the Revised Code. A valid	2354
license does not authorize the licensee to carry a concealed	2355
handgun into any of the following places:	2356

(1) A police station, sheriff's office, or state highway	2357
patrol station, premises controlled by the bureau of criminal	2358
identification and investigation, a state correctional	2359
institution, jail, workhouse, or other detention facility, an	2360
airport passenger terminal, or an institution that is maintained,	2361
operated, managed, and governed pursuant to division (A) of	2362
section 5119.02 of the Revised Code or division (A)(1) of section	2363
5123.03 of the Revised Code;	2364

(2) A school safety zone, in violation of section 2923.122 of	2365
the Revised Code;	2366

(3) A courthouse or another building or structure in which a	2367
courtroom is located, in violation of section 2923.123 of the	2368
Revised Code;	2369

(4) Any room or open air arena in which liquor is being	2370
dispensed in premises for which a D permit has been issued under	2371
Chapter 4303. of the Revised Code, in violation of section	2372
2923.121 of the Revised Code;	2373

(5) Any premises owned or leased by any public or private	2374
college, university, or other institution of higher education,	2375
unless the handgun is in a locked motor vehicle or the licensee is	2376
in the immediate process of placing the handgun in a locked motor	2377
vehicle;	2378

(6) Any church, synagogue, mosque, or other place of worship,	2379
unless the church, synagogue, mosque, or other place of worship	2380
posts or permits otherwise;	2381

(7) A ~~child day-care~~child-care center, a type A family	2382
~~day-care~~child-care home, or a type B family ~~day-care~~child-care	2383
home, ~~or a type C family day-care home,~~ except that this division	2384
does not prohibit a licensee who resides in a type A family	2385
~~day-care~~child-care home,or a type B family ~~day-care~~child-care	2386
home~~, or a type C family day-care home~~ from carrying a concealed	2387
handgun at any time in any part of the home that is not dedicated	2388
or used for ~~day-care~~child-care purposes, or from carrying a	2389
concealed handgun in a part of the home that is dedicated or used	2390
for ~~day-care~~child-care purposes at any time during which no	2391
children, other than children of that licensee, are in the home;	2392

(8) An aircraft that is in, or intended for operation in,	2393
foreign air transportation, interstate air transportation,	2394
intrastate air transportation, or the transportation of mail by	2395
aircraft;	2396

(9) Any building that is owned by this state or any political	2397
subdivision of this state, and all portions of any building that	2398
is not owned by any governmental entity listed in this division	2399
but that is leased by such a governmental entity listed in this	2400
division;	2401

(10) A place in which federal law prohibits the carrying of	2402
handguns.	2403

(C)(1) Nothing in this section shall negate or restrict a	2404
rule, policy, or practice of a private employer that is not a	2405
private college, university, or other institution of higher	2406
education concerning or prohibiting the presence of firearms on	2407
the private employer's premises or property, including motor	2408
vehicles owned by the private employer. Nothing in this section	2409
shall require a private employer of that nature to adopt a rule,	2410
policy, or practice concerning or prohibiting the presence of	2411
firearms on the private employer's premises or property, including	2412
motor vehicles owned by the private employer.	2413

(2)(a) A private employer shall be immune from liability in a	2414
civil action for any injury, death, or loss to person or property	2415
that allegedly was caused by or related to a licensee bringing a	2416
handgun onto the premises or property of the private employer,	2417
including motor vehicles owned by the private employer, unless the	2418
private employer acted with malicious purpose. A private employer	2419
is immune from liability in a civil action for any injury, death,	2420
or loss to person or property that allegedly was caused by or	2421
related to the private employer's decision to permit a licensee to	2422
bring, or prohibit a licensee from bringing, a handgun onto the	2423
premises or property of the private employer. As used in this	2424
division, "private employer" includes a private college,	2425
university, or other institution of higher education.	2426

(b) A political subdivision shall be immune from liability in	2427
a civil action, to the extent and in the manner provided in	2428
Chapter 2744. of the Revised Code, for any injury, death, or loss	2429
to person or property that allegedly was caused by or related to a	2430
licensee bringing a handgun onto any premises or property owned,	2431
leased, or otherwise under the control of the political	2432
subdivision. As used in this division, "political subdivision" has	2433
the same meaning as in section 2744.01 of the Revised Code.	2434

(3) The owner or person in control of private land or	2435
premises, and a private person or entity leasing land or premises	2436
owned by the state, the United States, or a political subdivision	2437
of the state or the United States, may post a sign in a	2438
conspicuous location on that land or on those premises prohibiting	2439
persons from carrying firearms or concealed firearms on or onto	2440
that land or those premises. A person who knowingly violates a	2441
posted prohibition of that nature is guilty of criminal trespass	2442
in violation of division (A)(4) of section 2911.21 of the Revised	2443
Code and is guilty of a misdemeanor of the fourth degree.	2444

(D) A person who holds a license to carry a concealed handgun	2445
that was issued pursuant to the law of another state that is	2446
recognized by the attorney general pursuant to a reciprocity	2447
agreement entered into pursuant to section 109.69 of the Revised	2448
Code has the same right to carry a concealed handgun in this state	2449
as a person who was issued a license to carry a concealed handgun	2450
under section 2923.125 of the Revised Code and is subject to the	2451
same restrictions that apply to a person who carries a license	2452
issued under that section.	2453

(E) A peace officer has the same right to carry a concealed	2454
handgun in this state as a person who was issued a license to	2455
carry a concealed handgun under section 2923.125 of the Revised	2456
Code. For purposes of reciprocity with other states, a peace	2457
officer shall be considered to be a licensee in this state.	2458

(F)(1) A qualified retired peace officer who possesses a	2459
retired peace officer identification card issued pursuant to	2460
division (F)(2) of this section and a valid firearms	2461
requalification certification issued pursuant to division (F)(3)	2462
of this section has the same right to carry a concealed handgun in	2463
this state as a person who was issued a license to carry a	2464
concealed handgun under section 2923.125 of the Revised Code and	2465
is subject to the same restrictions that apply to a person who	2466
carries a license issued under that section. For purposes of	2467
reciprocity with other states, a qualified retired peace officer	2468
who possesses a retired peace officer identification card issued	2469
pursuant to division (F)(2) of this section and a valid firearms	2470
requalification certification issued pursuant to division (F)(3)	2471
of this section shall be considered to be a licensee in this	2472
state.	2473

(2)(a) Each public agency of this state or of a political	2474
subdivision of this state that is served by one or more peace	2475
officers shall issue a retired peace officer identification card	2476
to any person who retired from service as a peace officer with	2477
that agency, if the issuance is in accordance with the agency's	2478
policies and procedures and if the person, with respect to the	2479
person's service with that agency, satisfies all of the following:	2480

(i) The person retired in good standing from service as a	2481
peace officer with the public agency, and the retirement was not	2482
for reasons of mental instability.	2483

(ii) Before retiring from service as a peace officer with	2484
that agency, the person was authorized to engage in or supervise	2485
the prevention, detection, investigation, or prosecution of, or	2486
the incarceration of any person for, any violation of law and the	2487
person had statutory powers of arrest.	2488

(iii) At the time of the person's retirement as a peace	2489
officer with that agency, the person was trained and qualified to	2490
carry firearms in the performance of the peace officer's duties.	2491

(iv) Before retiring from service as a peace officer with	2492
that agency, the person was regularly employed as a peace officer	2493
for an aggregate of fifteen years or more, or, in the alternative,	2494
the person retired from service as a peace officer with that	2495
agency, after completing any applicable probationary period of	2496
that service, due to a service-connected disability, as determined	2497
by the agency.	2498

(v) The person has a nonforfeitable right to benefits under	2499
the retirement plan of that agency.	2500

(b) A retired peace officer identification card issued to a	2501
person under division (F)(2)(a) of this section shall identify the	2502
person by name, contain a photograph of the person, identify the	2503
public agency of this state or of the political subdivision of	2504
this state from which the person retired as a peace officer and	2505
that is issuing the identification card, and specify that the	2506
person retired in good standing from service as a peace officer	2507
with the issuing public agency and satisfies the criteria set	2508
forth in divisions (F)(2)(a)(i) to (v) of this section. In	2509
addition to the required content specified in this division, a	2510
retired peace officer identification card issued to a person under	2511
division (F)(2)(a) of this section may include the firearms	2512
requalification certification described in division (F)(3) of this	2513
section, and if the identification card includes that	2514
certification, the identification card shall serve as the firearms	2515
requalification certification for the retired peace officer. If	2516
the issuing public agency issues credentials to active law	2517
enforcement officers who serve the agency, the agency may comply	2518
with division (F)(2)(a) of this section by issuing the same	2519
credentials to persons who retired from service as a peace officer	2520
with the agency and who satisfy the criteria set forth in	2521
divisions (F)(2)(a)(i) to (v) of this section, provided that the	2522
credentials so issued to retired peace officers are stamped with	2523
the word "RETIRED."	2524

(c) A public agency of this state or of a political	2525
subdivision of this state may charge persons who retired from	2526
service as a peace officer with the agency a reasonable fee for	2527
issuing to the person a retired peace officer identification card	2528
pursuant to division (F)(2)(a) of this section.	2529

(3) If a person retired from service as a peace officer with	2530
a public agency of this state or of a political subdivision of	2531
this state and the person satisfies the criteria set forth in	2532
divisions (F)(2)(a)(i) to (v) of this section, the public agency	2533
may provide the retired peace officer with the opportunity to	2534
attend a firearms requalification program that is approved for	2535
purposes of firearms requalification required under section	2536
109.801 of the Revised Code. The retired peace officer may be	2537
required to pay the cost of the course.	2538

If a retired peace officer who satisfies the criteria set	2539
forth in divisions (F)(2)(a)(i) to (v) of this section attends a	2540
firearms requalification program that is approved for purposes of	2541
firearms requalification required under section 109.801 of the	2542
Revised Code, the retired peace officer's successful completion of	2543
the firearms requalification program requalifies the retired peace	2544
officer for purposes of division (F) of this section for one year	2545
from the date on which the program was successfully completed, and	2546
the requalification is valid during that one-year period. If a	2547
retired peace officer who satisfies the criteria set forth in	2548
divisions (F)(2)(a)(i) to (v) of this section satisfactorily	2549
completes such a firearms requalification program, the retired	2550
peace officer shall be issued a firearms requalification	2551
certification that identifies the retired peace officer by name,	2552
identifies the entity that taught the program, specifies that the	2553
retired peace officer successfully completed the program,	2554
specifies the date on which the course was successfully completed,	2555
and specifies that the requalification is valid for one year from	2556
that date of successful completion. The firearms requalification	2557
certification for a retired peace officer may be included in the	2558
retired peace officer identification card issued to the retired	2559
peace officer under division (F)(2) of this section.	2560

A retired peace officer who attends a firearms	2561
requalification program that is approved for purposes of firearms	2562
requalification required under section 109.801 of the Revised Code	2563
may be required to pay the cost of the program.	2564

(4) As used in division (F) of this section:

2565

(a) "Qualified retired peace officer" means a person who	2566
satisfies all of the following:	2567

(i) The person satisfies the criteria set forth in divisions	2568
(F)(2)(a)(i) to (v) of this section.	2569

(ii) The person is not under the influence of alcohol or	2570
another intoxicating or hallucinatory drug or substance.	2571

(iii) The person is not prohibited by federal law from	2572
receiving firearms.	2573

(b) "Retired peace officer identification card" means an	2574
identification card that is issued pursuant to division (F)(2) of	2575
this section to a person who is a retired peace officer.	2576

Sec. 2923.1212. (A) The following persons, boards, and	2577
entities, or designees, shall post in the following locations a	2578
sign that contains a statement in substantially the following	2579
form: "Unless otherwise authorized by law, pursuant to the Ohio	2580
Revised Code, no person shall knowingly possess, have under the	2581
person's control, convey, or attempt to convey a deadly weapon or	2582
dangerous ordnance onto these premises.":	2583

(1) The director of public safety or the person or board	2584
charged with the erection, maintenance, or repair of police	2585
stations, municipal jails, and the municipal courthouse and	2586
courtrooms in a conspicuous location at all police stations,	2587
municipal jails, and municipal courthouses and courtrooms;	2588

(2) The sheriff or sheriff's designee who has charge of the	2589
sheriff's office in a conspicuous location in that office;	2590

(3) The superintendent of the state highway patrol or the	2591
superintendent's designee in a conspicuous location at all state	2592
highway patrol stations;	2593

(4) Each sheriff, chief of police, or person in charge of	2594
every county, multicounty, municipal, municipal-county, or	2595
multicounty-municipal jail or workhouse, community-based	2596
correctional facility, halfway house, alternative residential	2597
facility, or other local or state correctional institution or	2598
detention facility within the state, or that person's designee, in	2599
a conspicuous location at that facility under that person's	2600
charge;	2601

(5) The board of trustees of a regional airport authority,	2602
chief administrative officer of an airport facility, or other	2603
person in charge of an airport facility in a conspicuous location	2604
at each airport facility under that person's control;	2605

(6) The officer or officer's designee who has charge of a	2606
courthouse or the building or structure in which a courtroom is	2607
located in a conspicuous location in that building or structure;	2608

(7) The superintendent of the bureau of criminal	2609
identification and investigation or the superintendent's designee	2610
in a conspicuous location in all premises controlled by that	2611
bureau;	2612

(8) The owner, administrator, or operator of a ~~child day-care~~	2613
child-care center, a type A family ~~day-care~~child-care home, or a	2614
type B family ~~day-care~~child-care home~~, or a type C family~~	2615
~~day-care home~~;	2616

(9) The officer of this state or of the political subdivision	2617
of this state, or the officer's designee, who has charge of a	2618
building that is owned by this state or the political subdivision	2619
of this state, or who has charge of the portion of a building that	2620
is not owned by any governmental entity listed in this division	2621
but that is leased by a governmental entity listed in this	2622
division.	2623

(B) The following boards, bodies, and persons, or designees,	2624
shall post in the following locations a sign that contains a	2625
statement in substantially the following form: "Unless otherwise	2626
authorized by law, pursuant to Ohio Revised Code section 2923.122,	2627
no person shall knowingly possess, have under the person's	2628
control, convey, or attempt to convey a deadly weapon or dangerous	2629
ordnance into a school safety zone.":	2630

(1) A board of education of a city, local, exempted village,	2631
or joint vocational school district or that board's designee in a	2632
conspicuous location in each building and on each parcel of real	2633
property owned or controlled by the board;	2634

(2) A governing body of a school for which the state board of	2635
education prescribes minimum standards under section 3301.07 of	2636
the Revised Code or that body's designee in a conspicuous location	2637
in each building and on each parcel of real property owned or	2638
controlled by the school;	2639

(3) The principal or chief administrative officer of a	2640
nonpublic school in a conspicuous location on property owned or	2641
controlled by that nonpublic school.	2642

Sec. 2950.11. (A) As used in this section, "specified	2643
geographical notification area" means the geographic area or areas	2644
within which the attorney general, by rule adopted under section	2645
2950.13 of the Revised Code, requires the notice described in	2646
division (B) of this section to be given to the persons identified	2647
in divisions (A)(2) to (8) of this section. If a person is	2648
convicted of or pleads guilty to, or has been convicted of or	2649
pleaded guilty to, either a sexually oriented offense that is not	2650
a registration-exempt sexually oriented offense or a child-victim	2651
oriented offense, or a person is adjudicated a delinquent child	2652
for committing either a sexually oriented offense that is not a	2653
registration-exempt sexually oriented offense or a child-victim	2654
oriented offense and is classified a juvenile offender registrant	2655
or is an out-of-state juvenile offender registrant based on that	2656
adjudication, and if the offender or delinquent child is in any	2657
category specified in division (F)(1)(a), (b), or (c) of this	2658
section, the sheriff with whom the offender or delinquent child	2659
has most recently registered under section 2950.04, 2950.041, or	2660
2950.05 of the Revised Code and the sheriff to whom the offender	2661
or delinquent child most recently sent a notice of intent to	2662
reside under section 2950.04 or 2950.041 of the Revised Code,	2663
within the period of time specified in division (C) of this	2664
section, shall provide a written notice containing the information	2665
set forth in division (B) of this section to all of the persons	2666
described in divisions (A)(1) to (9) of this section. If the	2667
sheriff has sent a notice to the persons described in those	2668
divisions as a result of receiving a notice of intent to reside	2669
and if the offender or delinquent child registers a residence	2670
address that is the same residence address described in the notice	2671
of intent to reside, the sheriff is not required to send an	2672
additional notice when the offender or delinquent child registers.	2673
The sheriff shall provide the notice to all of the following	2674
persons:	2675

(1)(a) Any occupant of each residential unit that is located	2676
within one thousand feet of the offender's or delinquent child's	2677
residential premises, that is located within the county served by	2678
the sheriff, and that is not located in a multi-unit building.	2679
Division (D)(3) of this section applies regarding notices required	2680
under this division.	2681

(b) If the offender or delinquent child resides in a	2682
multi-unit building, any occupant of each residential unit that is	2683
located in that multi-unit building and that shares a common	2684
hallway with the offender or delinquent child. For purposes of	2685
this division, an occupant's unit shares a common hallway with the	2686
offender or delinquent child if the entrance door into the	2687
occupant's unit is located on the same floor and opens into the	2688
same hallway as the entrance door to the unit the offender or	2689
delinquent child occupies. Division (D)(3) of this section applies	2690
regarding notices required under this division.	2691

(c) The building manager, or the person the building owner or	2692
condominium unit owners association authorizes to exercise	2693
management and control, of each multi-unit building that is	2694
located within one thousand feet of the offender's or delinquent	2695
child's residential premises, including a multi-unit building in	2696
which the offender or delinquent child resides, and that is	2697
located within the county served by the sheriff. In addition to	2698
notifying the building manager or the person authorized to	2699
exercise management and control in the multi-unit building under	2700
this division, the sheriff shall post a copy of the notice	2701
prominently in each common entryway in the building and any other	2702
location in the building the sheriff determines appropriate. The	2703
manager or person exercising management and control of the	2704
building shall permit the sheriff to post copies of the notice	2705
under this division as the sheriff determines appropriate. In lieu	2706
of posting copies of the notice as described in this division, a	2707
sheriff may provide notice to all occupants of the multi-unit	2708
building by mail or personal contact; if the sheriff so notifies	2709
all the occupants, the sheriff is not required to post copies of	2710
the notice in the common entryways to the building. Division	2711
(D)(3) of this section applies regarding notices required under	2712
this division.	2713

(d) All additional persons who are within any category of	2714
neighbors of the offender or delinquent child that the attorney	2715
general by rule adopted under section 2950.13 of the Revised Code	2716
requires to be provided the notice and who reside within the	2717
county served by the sheriff;	2718

(2) The executive director of the public children services	2719
agency that has jurisdiction within the specified geographical	2720
notification area and that is located within the county served by	2721
the sheriff;	2722

(3)(a) The superintendent of each board of education of a	2723
school district that has schools within the specified geographical	2724
notification area and that is located within the county served by	2725
the sheriff;	2726

(b) The principal of the school within the specified	2727
geographical notification area and within the county served by the	2728
sheriff that the delinquent child attends;	2729

(c) If the delinquent child attends a school outside of the	2730
specified geographical notification area or outside of the school	2731
district where the delinquent child resides, the superintendent of	2732
the board of education of a school district that governs the	2733
school that the delinquent child attends and the principal of the	2734
school that the delinquent child attends.	2735

(4)(a) The appointing or hiring officer of each chartered	2736
nonpublic school located within the specified geographical	2737
notification area and within the county served by the sheriff or	2738
of each other school located within the specified geographical	2739
notification area and within the county served by the sheriff and	2740
that is not operated by a board of education described in division	2741
(A)(3) of this section;	2742

(b) Regardless of the location of the school, the appointing	2743
or hiring officer of a chartered nonpublic school that the	2744
delinquent child attends.	2745

(5) The director, head teacher, elementary principal, or site	2746
administrator of each preschool program governed by Chapter 3301.	2747
of the Revised Code that is located within the specified	2748
geographical notification area and within the county served by the	2749
sheriff;	2750

(6) The administrator of each ~~child day-care~~child-care	2751
center or type A family ~~day-care~~child-care home that is located	2752
within the specified geographical notification area and within the	2753
county served by the sheriff, and the provider of each licensed	2754
type B family child-care home or certified type B family ~~day-care~~	2755
child-care home that is located within the specified geographical	2756
notification area and within the county served by the sheriff. As	2757
used in this division, "~~child day-care~~child-care center," "type A	2758
family ~~day-care~~child-care home," "licensed type B family	2759
child-care home," and "certified type B family ~~day-care~~child-care	2760
home" have the same meanings as in section 5104.01 of the Revised	2761
Code.	2762

(7) The president or other chief administrative officer of	2763
each institution of higher education, as defined in section	2764
2907.03 of the Revised Code, that is located within the specified	2765
geographical notification area and within the county served by the	2766
sheriff, and the chief law enforcement officer of the state	2767
university law enforcement agency or campus police department	2768
established under section 3345.04 or 1713.50 of the Revised Code,	2769
if any, that serves that institution;	2770

(8) The sheriff of each county that includes any portion of	2771
the specified geographical notification area;	2772

(9) If the offender or delinquent child resides within the	2773
county served by the sheriff, the chief of police, marshal, or	2774
other chief law enforcement officer of the municipal corporation	2775
in which the offender or delinquent child resides or, if the	2776
offender or delinquent child resides in an unincorporated area,	2777
the constable or chief of the police department or police district	2778
police force of the township in which the offender or delinquent	2779
child resides.	2780

(B) The notice required under division (A) of this section	2781
shall include all of the following information regarding the	2782
subject offender or delinquent child:	2783

(1) The offender's or delinquent child's name;

2784

(2) The address or addresses of the offender's residence,	2785
school, institution of higher education, or place of employment,	2786
as applicable, or the delinquent child's residence address or	2787
addresses;	2788

(3) The sexually oriented offense or child-victim oriented	2789
offense of which the offender was convicted, to which the offender	2790
pleaded guilty, or for which the child was adjudicated a	2791
delinquent child;	2792

(4) All of the following statements that are applicable:

2793

(a) A statement that the offender has been adjudicated a	2794
sexual predator, a statement that the offender has been convicted	2795
of or pleaded guilty to an aggravated sexually oriented offense, a	2796
statement that the delinquent child has been adjudicated a sexual	2797
predator and that, as of the date of the notice, the court has not	2798
entered a determination that the delinquent child no longer is a	2799
sexual predator, or a statement that the sentencing or reviewing	2800
judge has determined that the offender or delinquent child is a	2801
habitual sex offender and that, as of the date of the notice, the	2802
determination regarding a delinquent child has not been removed	2803
pursuant to section 2152.84 or 2152.85 of the Revised Code;	2804

(b) A statement that the offender has been adjudicated a	2805
child-victim predator, a statement that the delinquent child has	2806
been adjudicated a child-victim predator and that, as of the date	2807
of the notice, the court has not entered a determination that the	2808
delinquent child no longer is a child-victim predator, or a	2809
statement that the sentencing or reviewing judge has determined	2810
that the offender or delinquent child is a habitual child-victim	2811
offender and that, as of the date of the notice, the determination	2812
regarding a delinquent child has not been removed pursuant to	2813
section 2152.84 or 2152.85 of the Revised Code;	2814

(5) The offender's or delinquent child's photograph.

2815

(C) If a sheriff with whom an offender or delinquent child	2816
registers under section 2950.04, 2950.041, or 2950.05 of the	2817
Revised Code or to whom the offender or delinquent child most	2818
recently sent a notice of intent to reside under section 2950.04	2819
or 2950.041 of the Revised Code is required by division (A) of	2820
this section to provide notices regarding an offender or	2821
delinquent child and if, pursuant to that requirement, the sheriff	2822
provides a notice to a sheriff of one or more other counties in	2823
accordance with division (A)(8) of this section, the sheriff of	2824
each of the other counties who is provided notice under division	2825
(A)(8) of this section shall provide the notices described in	2826
divisions (A)(1) to (7) and (A)(9) of this section to each person	2827
or entity identified within those divisions that is located within	2828
the specified geographical notification area and within the county	2829
served by the sheriff in question.	2830

(D)(1) A sheriff required by division (A) or (C) of this	2831
section to provide notices regarding an offender or delinquent	2832
child shall provide the notice to the neighbors that are described	2833
in division (A)(1) of this section and the notices to law	2834
enforcement personnel that are described in divisions (A)(8) and	2835
(9) of this section as soon as practicable, but no later than five	2836
days after the offender sends the notice of intent to reside to	2837
the sheriff and again no later than five days after the offender	2838
or delinquent child registers with the sheriff or, if the sheriff	2839
is required by division (C) of this section to provide the	2840
notices, no later than five days after the sheriff is provided the	2841
notice described in division (A)(8) of this section.	2842

A sheriff required by division (A) or (C) of this section to	2843
provide notices regarding an offender or delinquent child shall	2844
provide the notices to all other specified persons that are	2845
described in divisions (A)(2) to (7) of this section as soon as	2846
practicable, but not later than seven days after the offender or	2847
delinquent child registers with the sheriff or, if the sheriff is	2848
required by division (C) of this section to provide the notices,	2849
no later than five days after the sheriff is provided the notice	2850
described in division (A)(8) of this section.	2851

(2) If an offender or delinquent child in relation to whom	2852
division (A) of this section applies verifies the offender's or	2853
delinquent child's current residence, school, institution of	2854
higher education, or place of employment address, as applicable,	2855
with a sheriff pursuant to section 2950.06 of the Revised Code,	2856
the sheriff may provide a written notice containing the	2857
information set forth in division (B) of this section to the	2858
persons identified in divisions (A)(1) to (9) of this section. If	2859
a sheriff provides a notice pursuant to this division to the	2860
sheriff of one or more other counties in accordance with division	2861
(A)(8) of this section, the sheriff of each of the other counties	2862
who is provided the notice under division (A)(8) of this section	2863
may provide, but is not required to provide, a written notice	2864
containing the information set forth in division (B) of this	2865
section to the persons identified in divisions (A)(1) to (7) and	2866
(A)(9) of this section.	2867

(3) A sheriff may provide notice under division (A)(1)(a) or	2868
(b) of this section, and may provide notice under division	2869
(A)(1)(c) of this section to a building manager or person	2870
authorized to exercise management and control of a building, by	2871
mail, by personal contact, or by leaving the notice at or under	2872
the entry door to a residential unit. For purposes of divisions	2873
(A)(1)(a) and (b) of this section, and the portion of division	2874
(A)(1)(c) of this section relating to the provision of notice to	2875
occupants of a multi-unit building by mail or personal contact,	2876
the provision of one written notice per unit is deemed as	2877
providing notice to all occupants of that unit.	2878

(E) All information that a sheriff possesses regarding a	2879
sexual predator, a habitual sex offender, a child-victim predator,	2880
or a habitual child-victim offender that is described in division	2881
(B) of this section and that must be provided in a notice required	2882
under division (A) or (C) of this section or that may be provided	2883
in a notice authorized under division (D)(2) of this section is a	2884
public record that is open to inspection under section 149.43 of	2885
the Revised Code.	2886

The sheriff shall not cause to be publicly disseminated by	2887
means of the internet any of the information described in this	2888
division that is provided by a sexual predator, habitual sex	2889
offender, child-victim predator, or habitual child-victim offender	2890
who is a juvenile offender registrant, except when the act that is	2891
the basis of the child's classification as a juvenile offender	2892
registrant is a violation of, or an attempt to commit a violation	2893
of, section 2903.01, 2903.02, or 2905.01 of the Revised Code that	2894
was committed with a purpose to gratify the sexual needs or	2895
desires of the child, a violation of section 2907.02 of the	2896
Revised Code, or an attempt to commit a violation of that section.	2897

(F)(1) The duties to provide the notices described in	2898
divisions (A) and (C) of this section apply regarding any offender	2899
or delinquent child who is in any of the following categories, if	2900
the other criteria set forth in division (A) or (C) of this	2901
section, whichever is applicable, are satisfied:	2902

(a) The offender or delinquent child has been adjudicated a	2903
sexual predator relative to the sexually oriented offense for	2904
which the offender or delinquent child has the duty to register	2905
under section 2950.04 of the Revised Code or has been adjudicated	2906
a child-victim predator relative to the child-victim oriented	2907
offense for which the offender or child has the duty to register	2908
under section 2950.041 of the Revised Code, and the court has not	2909
subsequently determined pursuant to section 2152.84 or 2152.85 of	2910
the Revised Code regarding a delinquent child that the delinquent	2911
child no longer is a sexual predator or no longer is a	2912
child-victim predator, whichever is applicable.	2913

(b) The offender or delinquent child has been determined	2914
pursuant to division (C)(2) or (E) of section 2950.09 or 2950.091,	2915
division (B) of section 2152.83, section 2152.84, or section	2916
2152.85 of the Revised Code to be a habitual sex offender or a	2917
habitual child-victim offender, the court has imposed a	2918
requirement under that division or section subjecting the habitual	2919
sex offender or habitual child-victim offender to this section,	2920
and the determination has not been removed pursuant to section	2921
2152.84 or 2152.85 of the Revised Code regarding a delinquent	2922
child.	2923

(c) The sexually oriented offense for which the offender has	2924
the duty to register under section 2950.04 of the Revised Code is	2925
an aggravated sexually oriented offense, regardless of whether the	2926
offender has been adjudicated a sexual predator relative to the	2927
offense or has been determined to be a habitual sex offender.	2928

(2) The notification provisions of this section do not apply	2929
regarding a person who is convicted of or pleads guilty to, has	2930
been convicted of or pleaded guilty to, or is adjudicated a	2931
delinquent child for committing, a sexually oriented offense or a	2932
child-victim oriented offense, who is not in the category	2933
specified in either division (F)(1)(a) or (c) of this section, and	2934
who is determined pursuant to division (C)(2) or (E) of section	2935
2950.09 or 2950.091, division (B) of section 2152.83, section	2936
2152.84, or section 2152.85 of the Revised Code to be a habitual	2937
sex offender or habitual child-victim offender unless the	2938
sentencing or reviewing court imposes a requirement in the	2939
offender's sentence and in the judgment of conviction that	2940
contains the sentence or in the delinquent child's adjudication,	2941
or imposes a requirement as described in division (C)(2) of	2942
section 2950.09 or 2950.091 of the Revised Code, that subjects the	2943
offender or the delinquent child to the provisions of this	2944
section.	2945

(G) The department of job and family services shall compile,	2946
maintain, and update in January and July of each year, a list of	2947
all agencies, centers, or homes of a type described in division	2948
(A)(2) or (6) of this section that contains the name of each	2949
agency, center, or home of that type, the county in which it is	2950
located, its address and telephone number, and the name of an	2951
administrative officer or employee of the agency, center, or home.	2952
The department of education shall compile, maintain, and update in	2953
January and July of each year, a list of all boards of education,	2954
schools, or programs of a type described in division (A)(3), (4),	2955
or (5) of this section that contains the name of each board of	2956
education, school, or program of that type, the county in which it	2957
is located, its address and telephone number, the name of the	2958
superintendent of the board or of an administrative officer or	2959
employee of the school or program, and, in relation to a board of	2960
education, the county or counties in which each of its schools is	2961
located and the address of each such school. The Ohio board of	2962
regents shall compile, maintain, and update in January and July of	2963
each year, a list of all institutions of a type described in	2964
division (A)(7) of this section that contains the name of each	2965
such institution, the county in which it is located, its address	2966
and telephone number, and the name of its president or other chief	2967
administrative officer. A sheriff required by division (A) or (C)	2968
of this section, or authorized by division (D)(2) of this section,	2969
to provide notices regarding an offender or delinquent child, or a	2970
designee of a sheriff of that type, may request the department of	2971
job and family services, department of education, or Ohio board of	2972
regents, by telephone, in person, or by mail, to provide the	2973
sheriff or designee with the names, addresses, and telephone	2974
numbers of the appropriate persons and entities to whom the	2975
notices described in divisions (A)(2) to (7) of this section are	2976
to be provided. Upon receipt of a request, the department or board	2977
shall provide the requesting sheriff or designee with the names,	2978
addresses, and telephone numbers of the appropriate persons and	2979
entities to whom those notices are to be provided.	2980

(H)(1) Upon the motion of the offender or the prosecuting	2981
attorney of the county in which the offender was convicted of or	2982
pleaded guilty to the sexually oriented offense or child-victim	2983
oriented offense for which the offender is subject to community	2984
notification under this section, or upon the motion of the	2985
sentencing judge or that judge's successor in office, the judge	2986
may schedule a hearing to determine whether the interests of	2987
justice would be served by suspending the community notification	2988
requirement under this section in relation to the offender. The	2989
judge may dismiss the motion without a hearing but may not issue	2990
an order suspending the community notification requirement without	2991
a hearing. At the hearing, all parties are entitled to be heard,	2992
and the judge shall consider all of the factors set forth in	2993
division (B)(3) of section 2950.09 of the Revised Code. If, at the	2994
conclusion of the hearing, the judge finds that the offender has	2995
proven by clear and convincing evidence that the offender is	2996
unlikely to commit in the future a sexually oriented offense or a	2997
child-victim oriented offense and if the judge finds that	2998
suspending the community notification requirement is in the	2999
interests of justice, the judge may suspend the application of	3000
this section in relation to the offender. The order shall contain	3001
both of these findings.	3002

The judge promptly shall serve a copy of the order upon the	3003
sheriff with whom the offender most recently registered under	3004
section 2950.04, 2950.041, or 2950.05 of the Revised Code and upon	3005
the bureau of criminal identification and investigation.	3006

An order suspending the community notification requirement	3007
does not suspend or otherwise alter an offender's duties to comply	3008
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	3009
Revised Code and does not suspend the victim notification	3010
requirement under section 2950.10 of the Revised Code.	3011

(2) A prosecuting attorney, a sentencing judge or that	3012
judge's successor in office, and an offender who is subject to the	3013
community notification requirement under this section may	3014
initially make a motion under division (H)(1) of this section upon	3015
the expiration of twenty years after the offender's duty to comply	3016
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	3017
Revised Code begins in relation to the offense for which the	3018
offender is subject to community notification. After the initial	3019
making of a motion under division (H)(1) of this section,	3020
thereafter, the prosecutor, judge, and offender may make a	3021
subsequent motion under that division upon the expiration of five	3022
years after the judge has entered an order denying the initial	3023
motion or the most recent motion made under that division.	3024

(3) The offender and the prosecuting attorney have the right	3025
to appeal an order approving or denying a motion made under	3026
division (H)(1) of this section.	3027

(4) Divisions (H)(1) to (3) of this section do not apply to	3028
any of the following types of offender:	3029

(a) A person who is convicted of or pleads guilty to a	3030
violent sex offense or designated homicide, assault, or kidnapping	3031
offense and who, in relation to that offense, is adjudicated a	3032
sexually violent predator;	3033

(b) A person who is convicted of or pleads guilty to a	3034
sexually oriented offense that is a violation of division	3035
(A)(1)(b) of section 2907.02 of the Revised Code committed on or	3036
after ~~the effective date of this amendment~~January 2, 2007, and	3037
either who is ~~sentencd~~sentenced under section 2971.03 of the	3038
Revised Code or upon whom a sentence of life without parole is	3039
imposed under division (B) of section 2907.02 of the Revised Code;	3040

(c) A person who is convicted of or pleads guilty to a	3041
sexually oriented offense that is attempted rape committed on or	3042
after ~~the effective date of this amendment~~January 2, 2007, and	3043
who also is convicted of or pleads guilty to a specification of	3044
the type described in section 2941.1418, 2941.1419, or 2941.1420	3045
of the Revised Code;	3046

(d) A habitual sex offender or habitual child-victim oriented	3047
offender who is subject to community notification who, subsequent	3048
to being subjected to community notification, has pleaded guilty	3049
to or been convicted of a sexually oriented offense or a	3050
child-victim oriented offense;	3051

(e) A sexual predator or child-victim predator who is not	3052
adjudicated a sexually violent predator who, subsequent to being	3053
subjected to community notification, has pleaded guilty to or been	3054
convicted of a sexually oriented offense or child-victim oriented	3055
offense.	3056

(I) If a person is convicted of or pleads guilty to, or has	3057
been convicted of or pleaded guilty to, either a sexually oriented	3058
offense that is not a registration-exempt sexually oriented	3059
offense or a child-victim oriented offense, or a person is	3060
adjudicated a delinquent child for committing either a sexually	3061
oriented offense that is not a registration-exempt sexually	3062
oriented offense or a child-victim oriented offense and is	3063
classified a juvenile offender registrant or is an out-of-state	3064
juvenile offender registrant based on that adjudication, and if	3065
the offender or delinquent child is not in any category specified	3066
in division (F)(1)(a), (b), or (c) of this section, the sheriff	3067
with whom the offender or delinquent child has most recently	3068
registered under section 2950.04, 2950.041, or 2950.05 of the	3069
Revised Code and the sheriff to whom the offender or delinquent	3070
child most recently sent a notice of intent to reside under	3071
section 2950.04 or 2950.041 of the Revised Code, within the period	3072
of time specified in division (D) of this section, shall provide a	3073
written notice containing the information set forth in division	3074
(B) of this section to the executive director of the public	3075
children services agency that has jurisdiction within the	3076
specified geographical notification area and that is located	3077
within the county served by the sheriff.	3078

Sec. 2950.13. (A) The attorney general shall do all of the	3079
following:	3080

(1) No later than July 1, 1997, establish and maintain a	3081
state registry of sex offenders and child-victim offenders that is	3082
housed at the bureau of criminal identification and investigation	3083
and that contains all of the registration, change of residence,	3084
school, institution of higher education, or place of employment	3085
address, and verification information the bureau receives pursuant	3086
to sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	3087
Code regarding a person who is convicted of or pleads guilty to,	3088
or has been convicted of or pleaded guilty to, either a sexually	3089
oriented offense that is not a registration-exempt sexually	3090
oriented offense or a child-victim oriented offense or a person	3091
who is adjudicated a delinquent child for committing either a	3092
sexually oriented offense that is not a registration-exempt	3093
sexually oriented offense or a child-victim oriented offense and	3094
is classified a juvenile offender registrant or is an	3095
out-of-state juvenile offender registrant based on that	3096
adjudication, and all of the information the bureau receives	3097
pursuant to section 2950.14 of the Revised Code. For a person who	3098
was convicted of or pleaded guilty to the sexually oriented	3099
offense or child-victim related offense, the registry also shall	3100
indicate whether the person was convicted of or pleaded guilty to	3101
the offense in a criminal prosecution or in a serious youthful	3102
offender case.	3103

(2) In consultation with local law enforcement	3104
representatives and no later than July 1, 1997, adopt rules that	3105
contain guidelines necessary for the implementation of this	3106
chapter;	3107

(3) In consultation with local law enforcement	3108
representatives, adopt rules for the implementation and	3109
administration of the provisions contained in section 2950.11 of	3110
the Revised Code that pertain to the notification of neighbors of	3111
an offender or a delinquent child who has committed a sexually	3112
oriented offense that is not a registration-exempt sexually	3113
oriented offense and has been adjudicated a sexual predator or	3114
determined to be a habitual sex offender, an offender who has	3115
committed an aggravated sexually oriented offense, or an offender	3116
or delinquent child who has committed a child-victim oriented	3117
offense and has been adjudicated a child-victim predator or	3118
determined to be a habitual child-victim offender, and rules that	3119
prescribe a manner in which victims of either a sexually oriented	3120
offense that is not a registration-exempt sexually oriented	3121
offense or a child-victim oriented offense committed by an	3122
offender or a delinquent child who has been adjudicated a sexual	3123
predator or determined to be a habitual sex offender, an offender	3124
who has committed an aggravated sexually oriented offense, or an	3125
offender or delinquent child who has committed a child-victim	3126
oriented offense and has been adjudicated a child-victim predator	3127
or determined to be a habitual child-victim offender may make a	3128
request that specifies that the victim would like to be provided	3129
the notices described in divisions (A)(1) and (2) of section	3130
2950.10 of the Revised Code;	3131

(4) In consultation with local law enforcement	3132
representatives and through the bureau of criminal identification	3133
and investigation, prescribe the forms to be used by judges and	3134
officials pursuant to section 2950.03 of the Revised Code to	3135
advise offenders and delinquent children of their duties of filing	3136
a notice of intent to reside, registration, notification of a	3137
change of residence, school, institution of higher education, or	3138
place of employment address and registration of the new, school,	3139
institution of higher education, or place of employment address,	3140
as applicable, and address verification under sections 2950.04,	3141
2950.041, 2950.05, and 2950.06 of the Revised Code, and prescribe	3142
the forms to be used by sheriffs relative to those duties of	3143
filing a notice of intent to reside, registration, change of	3144
residence, school, institution of higher education, or place of	3145
employment address notification, and address verification;	3146

(5) Make copies of the forms prescribed under division (A)(4)	3147
of this section available to judges, officials, and sheriffs;	3148

(6) Through the bureau of criminal identification and	3149
investigation, provide the notifications, the information, and the	3150
documents that the bureau is required to provide to appropriate	3151
law enforcement officials and to the federal bureau of	3152
investigation pursuant to sections 2950.04, 2950.041, 2950.05, and	3153
2950.06 of the Revised Code;	3154

(7) Through the bureau of criminal identification and	3155
investigation, maintain the verification forms returned under the	3156
address verification mechanism set forth in section 2950.06 of the	3157
Revised Code;	3158

(8) In consultation with representatives of the officials,	3159
judges, and sheriffs, adopt procedures for officials, judges, and	3160
sheriffs to use to forward information, photographs, and	3161
fingerprints to the bureau of criminal identification and	3162
investigation pursuant to the requirements of sections 2950.03,	3163
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code;	3164

(9) In consultation with the director of education, the	3165
director of job and family services, and the director of	3166
rehabilitation and correction, adopt rules that contain guidelines	3167
to be followed by boards of education of a school district,	3168
chartered nonpublic schools or other schools not operated by a	3169
board of education, preschool programs, ~~child day-care~~child-care	3170
centers, type A family ~~day-care~~child-care homes, licensed type B	3171
family child-care homes, certified type B family ~~day-care~~	3172
child-care homes, and institutions of higher education regarding	3173
the proper use and administration of information received pursuant	3174
to section 2950.11 of the Revised Code relative to an offender or	3175
delinquent child who has been adjudicated a sexual predator or	3176
child-victim predator or determined to be a habitual sex offender	3177
or habitual child-victim offender, or an offender who has	3178
committed an aggravated sexually oriented offense;	3179

(10) In consultation with local law enforcement	3180
representatives and no later than July 1, 1997, adopt rules that	3181
designate a geographic area or areas within which the notice	3182
described in division (B) of section 2950.11 of the Revised Code	3183
must be given to the persons identified in divisions (A)(2) to (8)	3184
of that section;	3185

(11) Through the bureau of criminal identification and	3186
investigation, not later than January 1, 2004, establish and	3187
operate on the internet a sex offender and child-victim offender	3188
database that contains information for every offender who has	3189
committed either a sexually oriented offense that is not a	3190
registration-exempt sexually oriented offense or a child-victim	3191
oriented offense and who registers in any county in this state	3192
pursuant to section 2950.04 or 2950.041 of the Revised Code. The	3193
bureau shall determine the information to be provided on the	3194
database for each offender and shall obtain that information from	3195
the information contained in the state registry of sex offenders	3196
and child-victim offenders described in division (A)(1) of this	3197
section, which information, while in the possession of the sheriff	3198
who provided it, is a public record open for inspection as	3199
described in section 2950.081 of the Revised Code. The information	3200
provided for each offender shall include at least the information	3201
set forth in division (B) of section 2950.11 of the Revised Code.	3202
The database is a public record open for inspection under section	3203
149.43 of the Revised Code, and it shall be searchable by offender	3204
name, by county, by zip code, and by school district. The database	3205
shall provide a link to the web site of each sheriff who has	3206
established and operates on the internet a sex offender and	3207
child-victim offender database that contains information for	3208
offenders who register in that county pursuant to section 2950.04	3209
or 2950.041 of the Revised Code, with the link being a direct link	3210
to the sex offender and child-victim offender database for the	3211
sheriff.	3212

(12) Upon the request of any sheriff, provide technical	3213
guidance to the requesting sheriff in establishing on the internet	3214
a sex offender and child-victim offender database for the public	3215
dissemination of some or all of the materials described in	3216
division (A) of section 2950.081 of the Revised Code that are	3217
public records under that division and that pertain to offenders	3218
who register in that county pursuant to section 2950.04 or	3219
2950.041 of the Revised Code and for the public dissemination of	3220
information the sheriff receives pursuant to section 2950.14 of	3221
the Revised Code;	3222

(13) Through the bureau of criminal identification and	3223
investigation, not later than January 1, 2004, establish and	3224
operate on the internet a database that enables local law	3225
enforcement representatives to remotely search by electronic means	3226
the state registry of sex offenders and child-victim offenders	3227
described in division (A)(1) of this section and any information	3228
the bureau receives pursuant to sections 2950.04, 2950.041,	3229
2950.05, 2950.06, and 2950.14 of the Revised Code. The database	3230
shall enable local law enforcement representatives to obtain	3231
detailed information regarding each offender and delinquent child	3232
who is included in the registry, including, but not limited to the	3233
offender's or delinquent child's name, residence address, place of	3234
employment if applicable, motor vehicle license plate number if	3235
applicable, victim preference if available, date of most recent	3236
release from confinement if applicable, fingerprints, and other	3237
identification parameters the bureau considers appropriate. The	3238
database is not a public record open for inspection under section	3239
149.43 of the Revised Code and shall be available only to law	3240
enforcement representatives as described in this division.	3241
Information obtained by local law enforcement representatives	3242
through use of this database is not open to inspection by the	3243
public or by any person other than a person identified in division	3244
(A) of section 2950.08 of the Revised Code.	3245

(B) The attorney general in consultation with local law	3246
enforcement representatives, may adopt rules that establish one or	3247
more categories of neighbors of an offender or delinquent child	3248
who, in addition to the occupants of residential premises and	3249
other persons specified in division (A)(1) of section 2950.11 of	3250
the Revised Code, must be given the notice described in division	3251
(B) of that section.	3252

(C) No person, other than a local law enforcement	3253
representative, shall knowingly do any of the following:	3254

(1) Gain or attempt to gain access to the database	3255
established and operated by the attorney general, through the	3256
bureau of criminal identification and investigation, pursuant to	3257
division (A)(13) of this section.	3258

(2) Permit any person to inspect any information obtained	3259
through use of the database described in division (C)(1) of this	3260
section, other than as permitted under that division.	3261

(D) As used in this section, "local law enforcement	3262
representatives" means representatives of the sheriffs of this	3263
state, representatives of the municipal chiefs of police and	3264
marshals of this state, and representatives of the township	3265
constables and chiefs of police of the township police departments	3266
or police district police forces of this state.	3267

Sec. 3109.051. (A) If a divorce, dissolution, legal	3268
separation, or annulment proceeding involves a child and if the	3269
court has not issued a shared parenting decree, the court shall	3270
consider any mediation report filed pursuant to section 3109.052	3271
of the Revised Code and, in accordance with division (C) of this	3272
section, shall make a just and reasonable order or decree	3273
permitting each parent who is not the residential parent to have	3274
parenting time with the child at the time and under the conditions	3275
that the court directs, unless the court determines that it would	3276
not be in the best interest of the child to permit that parent to	3277
have parenting time with the child and includes in the journal its	3278
findings of fact and conclusions of law. Whenever possible, the	3279
order or decree permitting the parenting time shall ensure the	3280
opportunity for both parents to have frequent and continuing	3281
contact with the child, unless frequent and continuing contact by	3282
either parent with the child would not be in the best interest of	3283
the child. The court shall include in its final decree a specific	3284
schedule of parenting time for that parent. Except as provided in	3285
division (E)(6) of section 3113.31 of the Revised Code, if the	3286
court, pursuant to this section, grants parenting time to a parent	3287
or companionship or visitation rights to any other person with	3288
respect to any child, it shall not require the public children	3289
services agency to provide supervision of or other services	3290
related to that parent's exercise of parenting time or that	3291
person's exercise of companionship or visitation rights with	3292
respect to the child. This section does not limit the power of a	3293
juvenile court pursuant to Chapter 2151. of the Revised Code to	3294
issue orders with respect to children who are alleged to be	3295
abused, neglected, or dependent children or to make dispositions	3296
of children who are adjudicated abused, neglected, or dependent	3297
children or of a common pleas court to issue orders pursuant to	3298
section 3113.31 of the Revised Code.	3299

(B)(1) In a divorce, dissolution of marriage, legal	3300
separation, annulment, or child support proceeding that involves a	3301
child, the court may grant reasonable companionship or visitation	3302
rights to any grandparent, any person related to the child by	3303
consanguinity or affinity, or any other person other than a	3304
parent, if all of the following apply:	3305

(a) The grandparent, relative, or other person files a motion	3306
with the court seeking companionship or visitation rights.	3307

(b) The court determines that the grandparent, relative, or	3308
other person has an interest in the welfare of the child.	3309

(c) The court determines that the granting of the	3310
companionship or visitation rights is in the best interest of the	3311
child.	3312

(2) A motion may be filed under division (B)(1) of this	3313
section during the pendency of the divorce, dissolution of	3314
marriage, legal separation, annulment, or child support proceeding	3315
or, if a motion was not filed at that time or was filed at that	3316
time and the circumstances in the case have changed, at any time	3317
after a decree or final order is issued in the case.	3318

(C) When determining whether to grant parenting time rights	3319
to a parent pursuant to this section or section 3109.12 of the	3320
Revised Code or to grant companionship or visitation rights to a	3321
grandparent, relative, or other person pursuant to this section or	3322
section 3109.11 or 3109.12 of the Revised Code, when establishing	3323
a specific parenting time or visitation schedule, and when	3324
determining other parenting time matters under this section or	3325
section 3109.12 of the Revised Code or visitation matters under	3326
this section or section 3109.11 or 3109.12 of the Revised Code,	3327
the court shall consider any mediation report that is filed	3328
pursuant to section 3109.052 of the Revised Code and shall	3329
consider all other relevant factors, including, but not limited	3330
to, all of the factors listed in division (D) of this section. In	3331
considering the factors listed in division (D) of this section for	3332
purposes of determining whether to grant parenting time or	3333
visitation rights, establishing a specific parenting time or	3334
visitation schedule, determining other parenting time matters	3335
under this section or section 3109.12 of the Revised Code or	3336
visitation matters under this section or under section 3109.11 or	3337
3109.12 of the Revised Code, and resolving any issues related to	3338
the making of any determination with respect to parenting time or	3339
visitation rights or the establishment of any specific parenting	3340
time or visitation schedule, the court, in its discretion, may	3341
interview in chambers any or all involved children regarding their	3342
wishes and concerns. If the court interviews any child concerning	3343
the child's wishes and concerns regarding those parenting time or	3344
visitation matters, the interview shall be conducted in chambers,	3345
and no person other than the child, the child's attorney, the	3346
judge, any necessary court personnel, and, in the judge's	3347
discretion, the attorney of each parent shall be permitted to be	3348
present in the chambers during the interview. No person shall	3349
obtain or attempt to obtain from a child a written or recorded	3350
statement or affidavit setting forth the wishes and concerns of	3351
the child regarding those parenting time or visitation matters. A	3352
court, in considering the factors listed in division (D) of this	3353
section for purposes of determining whether to grant any parenting	3354
time or visitation rights, establishing a parenting time or	3355
visitation schedule, determining other parenting time matters	3356
under this section or section 3109.12 of the Revised Code or	3357
visitation matters under this section or under section 3109.11 or	3358
3109.12 of the Revised Code, or resolving any issues related to	3359
the making of any determination with respect to parenting time or	3360
visitation rights or the establishment of any specific parenting	3361
time or visitation schedule, shall not accept or consider a	3362
written or recorded statement or affidavit that purports to set	3363
forth the child's wishes or concerns regarding those parenting	3364
time or visitation matters.	3365

(D) In determining whether to grant parenting time to a	3366
parent pursuant to this section or section 3109.12 of the Revised	3367
Code or companionship or visitation rights to a grandparent,	3368
relative, or other person pursuant to this section or section	3369
3109.11 or 3109.12 of the Revised Code, in establishing a specific	3370
parenting time or visitation schedule, and in determining other	3371
parenting time matters under this section or section 3109.12 of	3372
the Revised Code or visitation matters under this section or	3373
section 3109.11 or 3109.12 of the Revised Code, the court shall	3374
consider all of the following factors:	3375

(1) The prior interaction and interrelationships of the child	3376
with the child's parents, siblings, and other persons related by	3377
consanguinity or affinity, and with the person who requested	3378
companionship or visitation if that person is not a parent,	3379
sibling, or relative of the child;	3380

(2) The geographical location of the residence of each parent	3381
and the distance between those residences, and if the person is	3382
not a parent, the geographical location of that person's residence	3383
and the distance between that person's residence and the child's	3384
residence;	3385

(3) The child's and parents' available time, including, but	3386
not limited to, each parent's employment schedule, the child's	3387
school schedule, and the child's and the parents' holiday and	3388
vacation schedule;	3389

(4) The age of the child;

3390

(5) The child's adjustment to home, school, and community;

3391

(6) If the court has interviewed the child in chambers,	3392
pursuant to division (C) of this section, regarding the wishes and	3393
concerns of the child as to parenting time by the parent who is	3394
not the residential parent or companionship or visitation by the	3395
grandparent, relative, or other person who requested	3396
companionship or visitation, as to a specific parenting time or	3397
visitation schedule, or as to other parenting time or visitation	3398
matters, the wishes and concerns of the child, as expressed to the	3399
court;	3400

(7) The health and safety of the child;

3401

(8) The amount of time that will be available for the child	3402
to spend with siblings;	3403

(9) The mental and physical health of all parties;

3404

(10) Each parent's willingness to reschedule missed parenting	3405
time and to facilitate the other parent's parenting time rights,	3406
and with respect to a person who requested companionship or	3407
visitation, the willingness of that person to reschedule missed	3408
visitation;	3409

(11) In relation to parenting time, whether either parent	3410
previously has been convicted of or pleaded guilty to any criminal	3411
offense involving any act that resulted in a child being an abused	3412
child or a neglected child; whether either parent, in a case in	3413
which a child has been adjudicated an abused child or a neglected	3414
child, previously has been determined to be the perpetrator of the	3415
abusive or neglectful act that is the basis of the adjudication;	3416
and whether there is reason to believe that either parent has	3417
acted in a manner resulting in a child being an abused child or a	3418
neglected child;	3419

(12) In relation to requested companionship or visitation by	3420
a person other than a parent, whether the person previously has	3421
been convicted of or pleaded guilty to any criminal offense	3422
involving any act that resulted in a child being an abused child	3423
or a neglected child; whether the person, in a case in which a	3424
child has been adjudicated an abused child or a neglected child,	3425
previously has been determined to be the perpetrator of the	3426
abusive or neglectful act that is the basis of the adjudication;	3427
whether either parent previously has been convicted of or pleaded	3428
guilty to a violation of section 2919.25 of the Revised Code	3429
involving a victim who at the time of the commission of the	3430
offense was a member of the family or household that is the	3431
subject of the current proceeding; whether either parent	3432
previously has been convicted of an offense involving a victim who	3433
at the time of the commission of the offense was a member of the	3434
family or household that is the subject of the current proceeding	3435
and caused physical harm to the victim in the commission of the	3436
offense; and whether there is reason to believe that the person	3437
has acted in a manner resulting in a child being an abused child	3438
or a neglected child;	3439

(13) Whether the residential parent or one of the parents	3440
subject to a shared parenting decree has continuously and	3441
willfully denied the other parent's right to parenting time in	3442
accordance with an order of the court;	3443

(14) Whether either parent has established a residence or is	3444
planning to establish a residence outside this state;	3445

(15) In relation to requested companionship or visitation by	3446
a person other than a parent, the wishes and concerns of the	3447
child's parents, as expressed by them to the court;	3448

(16) Any other factor in the best interest of the child.

3449

(E) The remarriage of a residential parent of a child does	3450
not affect the authority of a court under this section to grant	3451
parenting time rights with respect to the child to the parent who	3452
is not the residential parent or to grant reasonable companionship	3453
or visitation rights with respect to the child to any grandparent,	3454
any person related by consanguinity or affinity, or any other	3455
person.	3456

(F)(1) If the court, pursuant to division (A) of this	3457
section, denies parenting time to a parent who is not the	3458
residential parent or denies a motion for reasonable companionship	3459
or visitation rights filed under division (B) of this section and	3460
the parent or movant files a written request for findings of fact	3461
and conclusions of law, the court shall state in writing its	3462
findings of fact and conclusions of law in accordance with Civil	3463
Rule 52.	3464

(2) On or before July 1, 1991, each court of common pleas, by	3465
rule, shall adopt standard parenting time guidelines. A court	3466
shall have discretion to deviate from its standard parenting time	3467
guidelines based upon factors set forth in division (D) of this	3468
section.	3469

(G)(1) If the residential parent intends to move to a	3470
residence other than the residence specified in the parenting	3471
time order or decree of the court, the parent shall file a notice	3472
of intent to relocate with the court that issued the order or	3473
decree. Except as provided in divisions (G)(2), (3), and (4) of	3474
this section, the court shall send a copy of the notice to the	3475
parent who is not the residential parent. Upon receipt of the	3476
notice, the court, on its own motion or the motion of the parent	3477
who is not the residential parent, may schedule a hearing with	3478
notice to both parents to determine whether it is in the best	3479
interest of the child to revise the parenting time schedule for	3480
the child.	3481

(2) When a court grants parenting time rights to a parent who	3482
is not the residential parent, the court shall determine whether	3483
that parent has been convicted of or pleaded guilty to a violation	3484
of section 2919.25 of the Revised Code involving a victim who at	3485
the time of the commission of the offense was a member of the	3486
family or household that is the subject of the proceeding, has	3487
been convicted of or pleaded guilty to any other offense involving	3488
a victim who at the time of the commission of the offense was a	3489
member of the family or household that is the subject of the	3490
proceeding and caused physical harm to the victim in the	3491
commission of the offense, or has been determined to be the	3492
perpetrator of the abusive act that is the basis of an	3493
adjudication that a child is an abused child. If the court	3494
determines that that parent has not been so convicted and has not	3495
been determined to be the perpetrator of an abusive act that is	3496
the basis of a child abuse adjudication, the court shall issue an	3497
order stating that a copy of any notice of relocation that is	3498
filed with the court pursuant to division (G)(1) of this section	3499
will be sent to the parent who is given the parenting time rights	3500
in accordance with division (G)(1) of this section.	3501

If the court determines that the parent who is granted the	3502
parenting time rights has been convicted of or pleaded guilty to a	3503
violation of section 2919.25 of the Revised Code involving a	3504
victim who at the time of the commission of the offense was a	3505
member of the family or household that is the subject of the	3506
proceeding, has been convicted of or pleaded guilty to any other	3507
offense involving a victim who at the time of the commission of	3508
the offense was a member of the family or household that is the	3509
subject of the proceeding and caused physical harm to the victim	3510
in the commission of the offense, or has been determined to be the	3511
perpetrator of the abusive act that is the basis of an	3512
adjudication that a child is an abused child, it shall issue an	3513
order stating that that parent will not be given a copy of any	3514
notice of relocation that is filed with the court pursuant to	3515
division (G)(1) of this section unless the court determines that	3516
it is in the best interest of the children to give that parent a	3517
copy of the notice of relocation, issues an order stating that	3518
that parent will be given a copy of any notice of relocation filed	3519
pursuant to division (G)(1) of this section, and issues specific	3520
written findings of fact in support of its determination.	3521

(3) If a court, prior to April 11, 1991, issued an order	3522
granting parenting time rights to a parent who is not the	3523
residential parent and did not require the residential parent in	3524
that order to give the parent who is granted the parenting time	3525
rights notice of any change of address and if the residential	3526
parent files a notice of relocation pursuant to division (G)(1) of	3527
this section, the court shall determine if the parent who is	3528
granted the parenting time rights has been convicted of or pleaded	3529
guilty to a violation of section 2919.25 of the Revised Code	3530
involving a victim who at the time of the commission of the	3531
offense was a member of the family or household that is the	3532
subject of the proceeding, has been convicted of or pleaded guilty	3533
to any other offense involving a victim who at the time of the	3534
commission of the offense was a member of the family or household	3535
that is the subject of the proceeding and caused physical harm to	3536
the victim in the commission of the offense, or has been	3537
determined to be the perpetrator of the abusive act that is the	3538
basis of an adjudication that a child is an abused child. If the	3539
court determines that the parent who is granted the parenting time	3540
rights has not been so convicted and has not been determined to be	3541
the perpetrator of an abusive act that is the basis of a child	3542
abuse adjudication, the court shall issue an order stating that a	3543
copy of any notice of relocation that is filed with the court	3544
pursuant to division (G)(1) of this section will be sent to the	3545
parent who is granted parenting time rights in accordance with	3546
division (G)(1) of this section.	3547

If the court determines that the parent who is granted the	3548
parenting time rights has been convicted of or pleaded guilty to a	3549
violation of section 2919.25 of the Revised Code involving a	3550
victim who at the time of the commission of the offense was a	3551
member of the family or household that is the subject of the	3552
proceeding, has been convicted of or pleaded guilty to any other	3553
offense involving a victim who at the time of the commission of	3554
the offense was a member of the family or household that is the	3555
subject of the proceeding and caused physical harm to the victim	3556
in the commission of the offense, or has been determined to be the	3557
perpetrator of the abusive act that is the basis of an	3558
adjudication that a child is an abused child, it shall issue an	3559
order stating that that parent will not be given a copy of any	3560
notice of relocation that is filed with the court pursuant to	3561
division (G)(1) of this section unless the court determines that	3562
it is in the best interest of the children to give that parent a	3563
copy of the notice of relocation, issues an order stating that	3564
that parent will be given a copy of any notice of relocation filed	3565
pursuant to division (G)(1) of this section, and issues specific	3566
written findings of fact in support of its determination.	3567

(4) If a parent who is granted parenting time rights	3568
pursuant to this section or any other section of the Revised Code	3569
is authorized by an order issued pursuant to this section or any	3570
other court order to receive a copy of any notice of relocation	3571
that is filed pursuant to division (G)(1) of this section or	3572
pursuant to court order, if the residential parent intends to move	3573
to a residence other than the residence address specified in the	3574
parenting time order, and if the residential parent does not want	3575
the parent who is granted the parenting time rights to receive a	3576
copy of the relocation notice because the parent with parenting	3577
time rights has been convicted of or pleaded guilty to a violation	3578
of section 2919.25 of the Revised Code involving a victim who at	3579
the time of the commission of the offense was a member of the	3580
family or household that is the subject of the proceeding, has	3581
been convicted of or pleaded guilty to any other offense involving	3582
a victim who at the time of the commission of the offense was a	3583
member of the family or household that is the subject of the	3584
proceeding and caused physical harm to the victim in the	3585
commission of the offense, or has been determined to be the	3586
perpetrator of the abusive act that is the basis of an	3587
adjudication that a child is an abused child, the residential	3588
parent may file a motion with the court requesting that the parent	3589
who is granted the parenting time rights not receive a copy of any	3590
notice of relocation. Upon the filing of the motion, the court	3591
shall schedule a hearing on the motion and give both parents	3592
notice of the date, time, and location of the hearing. If the	3593
court determines that the parent who is granted the parenting time	3594
rights has been so convicted or has been determined to be the	3595
perpetrator of an abusive act that is the basis of a child abuse	3596
adjudication, the court shall issue an order stating that the	3597
parent who is granted the parenting time rights will not be given	3598
a copy of any notice of relocation that is filed with the court	3599
pursuant to division (G)(1) of this section or that the	3600
residential parent is no longer required to give that parent a	3601
copy of any notice of relocation unless the court determines that	3602
it is in the best interest of the children to give that parent a	3603
copy of the notice of relocation, issues an order stating that	3604
that parent will be given a copy of any notice of relocation filed	3605
pursuant to division (G)(1) of this section, and issues specific	3606
written findings of fact in support of its determination. If it	3607
does not so find, it shall dismiss the motion.	3608

(H)(1) Subject to section 3125.16 and division (F) of section	3609
3319.321 of the Revised Code, a parent of a child who is not the	3610
residential parent of the child is entitled to access, under the	3611
same terms and conditions under which access is provided to the	3612
residential parent, to any record that is related to the child and	3613
to which the residential parent of the child legally is provided	3614
access, unless the court determines that it would not be in the	3615
best interest of the child for the parent who is not the	3616
residential parent to have access to the records under those same	3617
terms and conditions. If the court determines that the parent of a	3618
child who is not the residential parent should not have access to	3619
records related to the child under the same terms and conditions	3620
as provided for the residential parent, the court shall specify	3621
the terms and conditions under which the parent who is not the	3622
residential parent is to have access to those records, shall enter	3623
its written findings of facts and opinion in the journal, and	3624
shall issue an order containing the terms and conditions to both	3625
the residential parent and the parent of the child who is not the	3626
residential parent. The court shall include in every order issued	3627
pursuant to this division notice that any keeper of a record who	3628
knowingly fails to comply with the order or division (H) of this	3629
section is in contempt of court.	3630

(2) Subject to section 3125.16 and division (F) of section	3631
3319.321 of the Revised Code, subsequent to the issuance of an	3632
order under division (H)(1) of this section, the keeper of any	3633
record that is related to a particular child and to which the	3634
residential parent legally is provided access shall permit the	3635
parent of the child who is not the residential parent to have	3636
access to the record under the same terms and conditions under	3637
which access is provided to the residential parent, unless the	3638
residential parent has presented the keeper of the record with a	3639
copy of an order issued under division (H)(1) of this section that	3640
limits the terms and conditions under which the parent who is not	3641
the residential parent is to have access to records pertaining to	3642
the child and the order pertains to the record in question. If the	3643
residential parent presents the keeper of the record with a copy	3644
of that type of order, the keeper of the record shall permit the	3645
parent who is not the residential parent to have access to the	3646
record only in accordance with the most recent order that has been	3647
issued pursuant to division (H)(1) of this section and presented	3648
to the keeper by the residential parent or the parent who is not	3649
the residential parent. Any keeper of any record who knowingly	3650
fails to comply with division (H) of this section or with any	3651
order issued pursuant to division (H)(1) of this section is in	3652
contempt of court.	3653

(3) The prosecuting attorney of any county may file a	3654
complaint with the court of common pleas of that county requesting	3655
the court to issue a protective order preventing the disclosure	3656
pursuant to division (H)(1) or (2) of this section of any	3657
confidential law enforcement investigatory record. The court shall	3658
schedule a hearing on the motion and give notice of the date,	3659
time, and location of the hearing to all parties.	3660

(I) A court that issues a parenting time order or decree	3661
pursuant to this section or section 3109.12 of the Revised Code	3662
shall determine whether the parent granted the right of parenting	3663
time is to be permitted access, in accordance with section	3664
~~5104.011~~5104.20 of the Revised Code, to any ~~child day-care~~	3665
child-care center that is, or that in the future may be, attended	3666
by the children with whom the right of parenting time is granted.	3667
Unless the court determines that the parent who is not the	3668
residential parent should not have access to the center to the	3669
same extent that the residential parent is granted access to the	3670
center, the parent who is not the residential parent and who is	3671
granted parenting time rights is entitled to access to the center	3672
to the same extent that the residential parent is granted access	3673
to the center. If the court determines that the parent who is not	3674
the residential parent should not have access to the center to the	3675
same extent that the residential parent is granted such access	3676
under ~~division (C) of~~ section ~~5104.011~~5104.20 of the Revised	3677
Code, the court shall specify the terms and conditions under which	3678
the parent who is not the residential parent is to have access to	3679
the center, provided that the access shall not be greater than the	3680
access that is provided to the residential parent under ~~division~~	3681
~~(C) of~~ section ~~5104.011~~5104.20 of the Revised Code, the court	3682
shall enter its written findings of fact and opinions in the	3683
journal, and the court shall include the terms and conditions of	3684
access in the parenting time order or decree.	3685

(J)(1) Subject to division (F) of section 3319.321 of the	3686
Revised Code, when a court issues an order or decree allocating	3687
parental rights and responsibilities for the care of a child, the	3688
parent of the child who is not the residential parent of the child	3689
is entitled to access, under the same terms and conditions under	3690
which access is provided to the residential parent, to any student	3691
activity that is related to the child and to which the residential	3692
parent of the child legally is provided access, unless the court	3693
determines that it would not be in the best interest of the child	3694
to grant the parent who is not the residential parent access to	3695
the student activities under those same terms and conditions. If	3696
the court determines that the parent of the child who is not the	3697
residential parent should not have access to any student activity	3698
that is related to the child under the same terms and conditions	3699
as provided for the residential parent, the court shall specify	3700
the terms and conditions under which the parent who is not the	3701
residential parent is to have access to those student activities,	3702
shall enter its written findings of facts and opinion in the	3703
journal, and shall issue an order containing the terms and	3704
conditions to both the residential parent and the parent of the	3705
child who is not the residential parent. The court shall include	3706
in every order issued pursuant to this division notice that any	3707
school official or employee who knowingly fails to comply with the	3708
order or division (J) of this section is in contempt of court.	3709

(2) Subject to division (F) of section 3319.321 of the	3710
Revised Code, subsequent to the issuance of an order under	3711
division (J)(1) of this section, all school officials and	3712
employees shall permit the parent of the child who is not the	3713
residential parent to have access to any student activity under	3714
the same terms and conditions under which access is provided to	3715
the residential parent of the child, unless the residential parent	3716
has presented the school official or employee, the board of	3717
education of the school, or the governing body of the chartered	3718
nonpublic school with a copy of an order issued under division	3719
(J)(1) of this section that limits the terms and conditions under	3720
which the parent who is not the residential parent is to have	3721
access to student activities related to the child and the order	3722
pertains to the student activity in question. If the residential	3723
parent presents the school official or employee, the board of	3724
education of the school, or the governing body of the chartered	3725
nonpublic school with a copy of that type of order, the school	3726
official or employee shall permit the parent who is not the	3727
residential parent to have access to the student activity only in	3728
accordance with the most recent order that has been issued	3729
pursuant to division (J)(1) of this section and presented to the	3730
school official or employee, the board of education of the school,	3731
or the governing body of the chartered nonpublic school by the	3732
residential parent or the parent who is not the residential	3733
parent. Any school official or employee who knowingly fails to	3734
comply with division (J) of this section or with any order issued	3735
pursuant to division (J)(1) of this section is in contempt of	3736
court.	3737

(K) If any person is found in contempt of court for failing	3738
to comply with or interfering with any order or decree granting	3739
parenting time rights issued pursuant to this section or section	3740
3109.12 of the Revised Code or companionship or visitation rights	3741
issued pursuant to this section, section 3109.11 or 3109.12 of the	3742
Revised Code, or any other provision of the Revised Code, the	3743
court that makes the finding, in addition to any other penalty or	3744
remedy imposed, shall assess all court costs arising out of the	3745
contempt proceeding against the person and require the person to	3746
pay any reasonable attorney's fees of any adverse party, as	3747
determined by the court, that arose in relation to the act of	3748
contempt, and may award reasonable compensatory parenting time or	3749
visitation to the person whose right of parenting time or	3750
visitation was affected by the failure or interference if such	3751
compensatory parenting time or visitation is in the best interest	3752
of the child. Any compensatory parenting time or visitation	3753
awarded under this division shall be included in an order issued	3754
by the court and, to the extent possible, shall be governed by the	3755
same terms and conditions as was the parenting time or visitation	3756
that was affected by the failure or interference.	3757

(L) Any parent who requests reasonable parenting time rights	3758
with respect to a child under this section or section 3109.12 of	3759
the Revised Code or any person who requests reasonable	3760
companionship or visitation rights with respect to a child under	3761
this section, section 3109.11 or 3109.12 of the Revised Code, or	3762
any other provision of the Revised Code may file a motion with the	3763
court requesting that it waive all or any part of the costs that	3764
may accrue in the proceedings. If the court determines that the	3765
movant is indigent and that the waiver is in the best interest of	3766
the child, the court, in its discretion, may waive payment of all	3767
or any part of the costs of those proceedings.	3768

(M) The juvenile court has exclusive jurisdiction to enter	3769
the orders in any case certified to it from another court.	3770

(N) As used in this section:

3771

(1) "Abused child" has the same meaning as in section	3772
2151.031 of the Revised Code, and "neglected child" has the same	3773
meaning as in section 2151.03 of the Revised Code.	3774

(2) "Record" means any record, document, file, or other	3775
material that contains information directly related to a child,	3776
including, but not limited to, any of the following:	3777

(a) Records maintained by public and nonpublic schools;

3778

(b) Records maintained by facilities that provide child care,	3779
as defined in section 5104.01 of the Revised Code, publicly funded	3780
child care, as defined in section 5104.01 of the Revised Code, or	3781
pre-school services operated by or under the supervision of a	3782
school district board of education or a nonpublic school;	3783

(c) Records maintained by hospitals, other facilities, or	3784
persons providing medical or surgical care or treatment for the	3785
child;	3786

(d) Records maintained by agencies, departments,	3787
instrumentalities, or other entities of the state or any political	3788
subdivision of the state, other than a child support enforcement	3789
agency. Access to records maintained by a child support	3790
enforcement agency is governed by section 3125.16 of the Revised	3791
Code.	3792

(3) "Confidential law enforcement investigatory record" has	3793
the same meaning as in section 149.43 of the Revised Code.	3794

Sec. 3301.52. As used in sections 3301.52 to 3301.59 of the	3795
Revised Code:	3796

(A) "Preschool program" means either of the following:

3797

(1) A child care program for preschool children that is	3798
operated by a school district board of education or an eligible	3799
nonpublic school.	3800

(2) A child care program for preschool children age three or	3801
older that is operated by a county MR/DD board.	3802

(B) "Preschool child" or "child" means a child who has not	3803
entered kindergarten and is not of compulsory school age.	3804

(C) "Parent, guardian, or custodian" means the person or	3805
government agency that is or will be responsible for a child's	3806
school attendance under section 3321.01 of the Revised Code.	3807

(D) "Superintendent" means the superintendent of a school	3808
district or the chief administrative officer of an eligible	3809
nonpublic school.	3810

(E) "Director" means the director, head teacher, elementary	3811
principal, or site administrator who is the individual on site and	3812
responsible for supervision of a preschool program.	3813

(F) "Preschool staff member" means a preschool employee whose	3814
primary responsibility is care, teaching, or supervision of	3815
preschool children.	3816

(G) "Nonteaching employee" means a preschool program or	3817
school child program employee whose primary responsibilities are	3818
duties other than care, teaching, and supervision of preschool	3819
children or school children.	3820

(H) "Eligible nonpublic school" means a nonpublic school	3821
chartered as described in division ~~(B)(8)~~(H) of section ~~5104.02~~	3822
5104.021 of the Revised Code or chartered by the state board of	3823
education for any combination of grades one through twelve,	3824
regardless of whether it also offers kindergarten.	3825

(I) "County MR/DD board" means a county board of mental	3826
retardation and developmental disabilities.	3827

(J) "School child program" means a child care program for	3828
only school children that is operated by a school district board	3829
of education, county MR/DD board, or eligible nonpublic school.	3830

(K) "School child" and "child care" have the same meanings as	3831
in section 5104.01 of the Revised Code.	3832

(L) "School child program staff member" means an employee	3833
whose primary responsibility is the care, teaching, or supervision	3834
of children in a school child program.	3835

Sec. 3301.53. (A) Not later than July 1, 1988, the state	3836
board of education, in consultation with the director of job and	3837
family services, shall formulate and prescribe by rule adopted	3838
under Chapter 119. of the Revised Code minimum standards to be	3839
applied to preschool programs operated by school district boards	3840
of education, county MR/DD boards, or eligible nonpublic schools.	3841
The rules shall include the following:	3842

(1) Standards ensuring that the preschool program is located	3843
in a safe and convenient facility that accommodates the enrollment	3844
of the program, is of the quality to support the growth and	3845
development of the children according to the program objectives,	3846
and meets the requirements of section 3301.55 of the Revised Code;	3847

(2) Standards ensuring that supervision, discipline, and	3848
programs will be administered according to established objectives	3849
and procedures;	3850

(3) Standards ensuring that preschool staff members and	3851
nonteaching employees are recruited, employed, assigned,	3852
evaluated, and provided inservice education without discrimination	3853
on the basis of age, color, national origin, race, or sex; and	3854
that preschool staff members and nonteaching employees are	3855
assigned responsibilities in accordance with written position	3856
descriptions commensurate with their training and experience;	3857

(4) A requirement that boards of education intending to	3858
establish a preschool program on or after March 17, 1989,	3859
demonstrate a need for a preschool program that is not being met	3860
by any existing program providing child care, prior to	3861
establishing the program;	3862

(5) Requirements that children participating in preschool	3863
programs have been immunized to the extent considered appropriate	3864
by the state board to prevent the spread of communicable disease;	3865

(6) Requirements that the parents of preschool children	3866
complete the emergency medical authorization form specified in	3867
section 3313.712 of the Revised Code.	3868

(B) The state board of education in consultation with the	3869
director of job and family services shall ensure that the rules	3870
adopted by the state board under sections 3301.52 to 3301.58 of	3871
the Revised Code are consistent with and meet or exceed the	3872
requirements of Chapter 5104. of the Revised Code with regard to	3873
~~child day-care~~child-care centers. The state board and the	3874
director of job and family services shall review all such rules at	3875
least once every five years.	3876

(C) On or before January 1, 1992, the state board of	3877
education, in consultation with the director of job and family	3878
services, shall adopt rules for school child programs that are	3879
consistent with and meet or exceed the requirements of the rules	3880
adopted for school ~~child day-care~~child-care centers under Chapter	3881
5104. of the Revised Code.	3882

Sec. 3301.58. (A) The department of education is responsible	3883
for the licensing of preschool programs and school child programs	3884
and for the enforcement of sections 3301.52 to 3301.59 of the	3885
Revised Code and of any rules adopted under those sections. No	3886
school district board of education, county MR/DD board, or	3887
eligible nonpublic school shall operate, establish, manage,	3888
conduct, or maintain a preschool program without a license issued	3889
under this section. A school district board of education, county	3890
MR/DD board, or eligible nonpublic school may obtain a license	3891
under this section for a school child program. The school district	3892
board of education, county MR/DD board, or eligible nonpublic	3893
school shall post the current license for each preschool program	3894
and licensed school child program it operates, establishes,	3895
manages, conducts, or maintains in a conspicuous place in the	3896
preschool program or licensed school child program that is	3897
accessible to parents, custodians, or guardians and employees and	3898
staff members of the program at all times when the program is in	3899
operation.	3900

(B) Any school district board of education, county MR/DD	3901
board, or eligible nonpublic school that desires to operate,	3902
establish, manage, conduct, or maintain a preschool program shall	3903
apply to the department of education for a license on a form that	3904
the department shall prescribe by rule. Any school district board	3905
of education, county MR/DD board, or eligible nonpublic school	3906
that desires to obtain a license for a school child program shall	3907
apply to the department for a license on a form that the	3908
department shall prescribe by rule. The department shall provide	3909
at no charge to each applicant for a license under this section a	3910
copy of the requirements under sections 3301.52 to 3301.59 of the	3911
Revised Code and any rules adopted under those sections. The	3912
department shall mail application forms for the renewal of a	3913
license at least one hundred twenty days prior to the date of the	3914
expiration of the license, and the application for renewal of a	3915
license shall be filed with the department at least sixty days	3916
before the date of the expiration of the existing license. The	3917
department may establish application fees by rule adopted under	3918
Chapter 119. of the Revised Code, and all applicants for a license	3919
shall pay any fee established by the department at the time of	3920
making an application for a license. All fees collected pursuant	3921
to this section shall be paid into the state treasury to the	3922
credit of the general revenue fund.	3923

(C) Upon the filing of an application for a license, the	3924
department of education shall investigate and inspect the	3925
preschool program or school child program to determine the license	3926
capacity for each age category of children of the program and to	3927
determine whether the program complies with sections 3301.52 to	3928
3301.59 of the Revised Code and any rules adopted under those	3929
sections. When, after investigation and inspection, the department	3930
of education is satisfied that sections 3301.52 to 3301.59 of the	3931
Revised Code and any rules adopted under those sections are	3932
complied with by the applicant, the department of education shall	3933
issue the program a provisional license as soon as practicable in	3934
the form and manner prescribed by the rules of the department. The	3935
provisional license shall be valid for six months from the date of	3936
issuance unless revoked.	3937

(D) The department of education shall investigate and inspect	3938
a preschool program or school child program that has been issued a	3939
provisional license at least once during operation under the	3940
provisional license. If, after the investigation and inspection,	3941
the department of education determines that the requirements of	3942
sections 3301.52 to 3301.59 of the Revised Code and any rules	3943
adopted under those sections are met by the provisional licensee,	3944
the department of education shall issue a license that is	3945
effective for two years from the date of the issuance of the	3946
provisional license.	3947

(E) Upon the filing of an application for the renewal of a	3948
license by a preschool program or school child program, the	3949
department of education shall investigate and inspect the	3950
preschool program or school child program. If the department of	3951
education determines that the requirements of sections 3301.52 to	3952
3301.59 of the Revised Code and any rules adopted under those	3953
sections are met by the applicant, the department of education	3954
shall renew the license for two years from the date of the	3955
expiration date of the previous license.	3956

(F) The license or provisional license shall state the name	3957
of the school district board of education, county MR/DD board, or	3958
eligible nonpublic school that operates the preschool program or	3959
school child program and the license capacity of the program. The	3960
license shall include any other information required by section	3961
5104.03 of the Revised Code for the license of a ~~child day-care~~	3962
child-care center.	3963

(G) The department of education may revoke the license of any	3964
preschool program or school child program that is not in	3965
compliance with the requirements of sections 3301.52 to 3301.59 of	3966
the Revised Code and any rules adopted under those sections.	3967

(H) If the department of education revokes a license or	3968
refuses to renew a license to a program, the department shall not	3969
issue a license to the program within two years from the date of	3970
the revocation or refusal. All actions of the department with	3971
respect to licensing preschool programs and school child programs	3972
shall be in accordance with Chapter 119. of the Revised Code.	3973

Sec. 3321.01. (A)(1) As used in this chapter, "parent,"	3974
"guardian," or "other person having charge or care of a child"	3975
means either parent unless the parents are separated or divorced	3976
or their marriage has been dissolved or annulled, in which case	3977
"parent" means the parent who is the residential parent and legal	3978
custodian of the child. If the child is in the legal or permanent	3979
custody of a person or government agency, "parent" means that	3980
person or government agency. When a child is a resident of a home,	3981
as defined in section 3313.64 of the Revised Code, and the child's	3982
parent is not a resident of this state, "parent," "guardian," or	3983
"other person having charge or care of a child" means the head of	3984
the home.	3985

A child between six and eighteen years of age is "of	3986
compulsory school age" for the purpose of sections 3321.01 to	3987
3321.13 of the Revised Code. A child under six years of age who	3988
has been enrolled in kindergarten also shall be considered "of	3989
compulsory school age" for the purpose of sections 3321.01 to	3990
3321.13 of the Revised Code unless at any time the child's parent	3991
or guardian, at the parent's or guardian's discretion and in	3992
consultation with the child's teacher and principal, formally	3993
withdraws the child from kindergarten. The compulsory school age	3994
of a child shall not commence until the beginning of the term of	3995
such schools, or other time in the school year fixed by the rules	3996
of the board of the district in which the child resides.	3997

(2) No child shall be admitted to a kindergarten or a first	3998
grade of a public school in a district in which all children are	3999
admitted to kindergarten and the first grade in August or	4000
September unless the child is five or six years of age,	4001
respectively, by the thirtieth day of September of the year of	4002
admittance, or by the first day of a term or semester other than	4003
one beginning in August or September in school districts granting	4004
admittance at the beginning of such term or semester, except that	4005
in those school districts using or obtaining educationally	4006
accepted standardized testing programs for determining entrance,	4007
as approved by the board of education of such districts, the board	4008
shall admit a child to kindergarten or the first grade who fails	4009
to meet the age requirement, provided the child meets necessary	4010
standards as determined by such standardized testing programs. If	4011
the board of education has not established a standardized testing	4012
program, the board shall designate the necessary standards and a	4013
testing program it will accept for the purpose of admitting a	4014
child to kindergarten or first grade who fails to meet the age	4015
requirement. Each child who will be the proper age for entrance to	4016
kindergarten or first grade by the first day of January of the	4017
school year for which admission is requested shall be so tested	4018
upon the request of the child's parent.	4019

(3) Notwithstanding divisions (A)(2) and (D) of this section,	4020
beginning with the school year that starts in 2001 and continuing	4021
thereafter the board of education of any district may adopt a	4022
resolution establishing the first day of August in lieu of the	4023
thirtieth day of September as the required date by which students	4024
must have attained the age specified in those divisions.	4025

(B) As used in divisions (C) and (D) of this section,	4026
"successfully completed kindergarten" and "successful completion	4027
of kindergarten" mean that the child has completed the	4028
kindergarten requirements at one of the following:	4029

(1) A public or chartered nonpublic school;

4030

(2) A kindergarten class that is both of the following:

4031

(a) Offered by a ~~day-care~~child-care provider licensed under	4032
Chapter 5104. of the Revised Code;	4033

(b) If offered after July 1, 1991, is directly taught by a	4034
teacher who holds one of the following:	4035

(i) A valid educator license issued under section 3319.22 of	4036
the Revised Code;	4037

(ii) A Montessori preprimary credential or age-appropriate	4038
diploma granted by the American Montessori society or the	4039
association Montessori internationale;	4040

(iii) Certification determined under division (G) of this	4041
section to be equivalent to that described in division	4042
(B)(2)(b)(ii) of this section;	4043

(iv) Certification for teachers in nontax-supported schools	4044
pursuant to section 3301.071 of the Revised Code.	4045

(C) Except as provided in division (D) of this section, no	4046
school district shall admit to the first grade any child who has	4047
not successfully completed kindergarten.	4048

(D) Upon request of a parent, the requirement of division (C)	4049
of this section may be waived by the district's pupil personnel	4050
services committee in the case of a child who is at least six	4051
years of age by the thirtieth day of September of the year of	4052
admittance and who demonstrates to the satisfaction of the	4053
committee the possession of the social, emotional, and cognitive	4054
skills necessary for first grade.	4055

The board of education of each city, local, and exempted	4056
village school district shall establish a pupil personnel services	4057
committee. The committee shall be composed of all of the following	4058
to the extent such personnel are either employed by the district	4059
or employed by the governing board of the educational service	4060
center within whose territory the district is located and the	4061
educational service center generally furnishes the services of	4062
such personnel to the district:	4063

(1) The director of pupil personnel services;

4064

(2) An elementary school counselor;

4065

(3) An elementary school principal;

4066

(4) A school psychologist;

4067

(5) A teacher assigned to teach first grade;

4068

(6) A gifted coordinator.

4069

The responsibilities of the pupil personnel services	4070
committee shall be limited to the issuing of waivers allowing	4071
admittance to the first grade without the successful completion of	4072
kindergarten. The committee shall have no other authority except	4073
as specified in this section.	4074

(E) The scheduling of times for kindergarten classes and	4075
length of the school day for kindergarten shall be determined by	4076
the board of education of a city, exempted village, or local	4077
school district.	4078

(F) Any kindergarten class offered by a ~~day-care~~child-care	4079
provider or school described by division (B)(1) or (B)(2)(a) of	4080
this section shall be developmentally appropriate.	4081

(G) Upon written request of a ~~day-care~~child-care provider	4082
described by division (B)(2)(a) of this section, the department of	4083
education shall determine whether certification held by a teacher	4084
employed by the provider meets the requirement of division	4085
(B)(2)(b)(iii) of this section and, if so, shall furnish the	4086
provider a statement to that effect.	4087

Sec. 3325.07. The state board of education in carrying out	4088
this section and section 3325.06 of the Revised Code shall,	4089
insofar as practicable, plan, present, and carry into effect an	4090
educational program by means of any of the following methods of	4091
instruction:	4092

(A) Classes for parents of deaf or hard of hearing children	4093
of preschool age;	4094

(B) A nursery school where parent and child would enter the	4095
nursery school as a unit;	4096

4097

(D) Personal consultations and interviews;

4098

(E) ~~Day-care~~Child-care or child development courses;

4099

(F) Summer enrichment courses;

4100

(G) By such other means or methods as the superintendent of	4101
the state school for the deaf deems advisable that would permit a	4102
deaf or hard of hearing child of preschool age to construct a	4103
pattern of communication at an early age.	4104

The superintendent may allow children who are not deaf or	4105
hard of hearing to participate in the methods of instruction	4106
described in divisions (A) to (G) of this section as a means to	4107
assist deaf or hard of hearing children to construct a pattern of	4108
communication. The superintendent shall establish policies and	4109
procedures regarding the participation of children who are not	4110
deaf or hard of hearing.	4111

The superintendent may establish reasonable fees for	4112
participation in the methods of instruction described in divisions	4113
(A) to (G) of this section to defray the costs of carrying them	4114
out. The superintendent shall determine the manner by which any	4115
such fees shall be collected. All fees shall be deposited in the	4116
even start fees and gifts fund, which is hereby created in the	4117
state treasury. The money in the fund shall be used to implement	4118
this section.	4119

Sec. 3701.80. The department of health shall cooperate with	4120
the director of job and family services when the director	4121
promulgates rules pursuant to Chapter 5104. of the Revised Code	4122
governing the health and sanitary practices of meal preparation	4123
and service for type A family ~~day-care~~child-care homes, as	4124
defined in section 5104.01 of the Revised Code, recommend	4125
procedures for inspecting type A family ~~day-care~~child-care homes	4126
to determine whether they are in compliance with those rules, and	4127
provide training and technical assistance to the director on the	4128
procedures for determining compliance with those rules.	4129

Sec. 3714.03. (A) As used in this section:

4130

(1) "Aquifer system" means one or more geologic units or	4131
formations that are wholly or partially saturated with water and	4132
are capable of storing, transmitting, and yielding significant	4133
amounts of water to wells or springs.	4134

(2) "Category 3 wetland" means a wetland that supports	4135
superior habitat or hydrological or recreational functions as	4136
determined by an appropriate wetland evaluation methodology	4137
acceptable to the director of environmental protection. "Category	4138
3 wetland" includes a wetland with high levels of diversity, a	4139
high proportion of native species, and high functional values and	4140
includes, but is not limited to, a wetland that contains or	4141
provides habitat for threatened or endangered species. "Category 3	4142
wetland" may include high quality forested wetlands, including old	4143
growth forested wetlands, mature forested riparian wetlands,	4144
vernal pools, bogs, fens, and wetlands that are scarce regionally.	4145

(3) "Natural area" means either of the following:

4146

(a) An area designated by the director of natural resources	4147
as a wild, scenic, or recreational river under section 1517.14 of	4148
the Revised Code;	4149

(b) An area designated by the United States department of the	4150
interior as a national wild, scenic, or recreational river.	4151

(4) "Occupied dwelling" means a residential dwelling and also	4152
includes a place of worship as defined in section 5104.01 of the	4153
Revised Code, a ~~child day-care~~child-care center as defined in	4154
that section, a hospital as defined in section 3727.01 of the	4155
Revised Code, a nursing home as defined in that section, a school,	4156
and a restaurant or other eating establishment. "Occupied	4157
dwelling" does not include a dwelling owned or controlled by the	4158
owner or operator of a construction and demolition debris facility	4159
to which the siting criteria established under this section are	4160
being applied.	4161

(5) "Residential dwelling" means a building used or intended	4162
to be used in whole or in part as a personal residence by the	4163
owner, part-time owner, or lessee of the building or any person	4164
authorized by the owner, part-time owner, or lessee to use the	4165
building as a personal residence.	4166

(B) Neither the director of environmental protection nor any	4167
board of health shall issue a permit to install under section	4168
3714.051 of the Revised Code to establish a new construction and	4169
demolition debris facility when any portion of the facility is	4170
proposed to be located in either of the following locations:	4171

(1) Within the boundaries of a one-hundred-year flood plain,	4172
as those boundaries are shown on the applicable maps prepared	4173
under the "National Flood Insurance Act of 1968," 82 Stat. 572, 42	4174
U.S.C.A. 4001, as amended, unless the owner or operator has	4175
obtained an exemption from division (B)(1) of this section in	4176
accordance with section 3714.04 of the Revised Code. If no such	4177
maps have been prepared, the boundaries of a one-hundred-year	4178
flood plain shall be determined by the applicant for a permit	4179
based upon standard methodologies set forth in "urban hydrology	4180
for small watersheds" (soil conservation service technical release	4181
number 55) and section 4 of the "national engineering hydrology	4182
handbook" of the soil conservation service of the United States	4183
department of agriculture.	4184

(2) Within the boundaries of a sole source aquifer designated	4185
by the administrator of the United States environmental protection	4186
agency under the "Safe Drinking Water Act," 88 Stat. 1660 (1974),	4187
42 U.S.C.A. 300f, as amended.	4188

(C) Neither the director nor any board shall issue a permit	4189
to install under section 3714.051 of the Revised Code to establish	4190
a new construction and demolition debris facility when the	4191
horizontal limits of construction and demolition debris placement	4192
at the new facility are proposed to be located in any of the	4193
following locations:	4194

(1) Within one hundred feet of a perennial stream as defined	4195
by the United States geological survey seven and one-half minute	4196
quadrangle map or a category 3 wetland;	4197

(2) Within one hundred feet of the facility's property line;

4198

(3)(a) Except as provided in division (C)(3)(b) of this	4199
section, within five hundred feet of a residential or public water	4200
supply well.	4201

(b) Division (C)(3)(a) of this section does not apply to a	4202
residential well under any of the circumstances specified in	4203
divisions (C)(3)(b)(i) to (iii) of this section as follows:	4204

(i) The well is controlled by the owner or operator of the	4205
construction and demolition debris facility.	4206

(ii) The well is hydrologically separated from the horizontal	4207
limits of construction and demolition debris placement.	4208

(iii) The well is at least three hundred feet upgradient from	4209
the horizontal limits of construction and demolition debris	4210
placement and division (D) of this section does not prohibit the	4211
issuance of the permit to install.	4212

(4) Within five hundred feet of a park created or operated	4213
pursuant to section 301.26, 511.18, 755.08, 1545.04, or 1545.041	4214
of the Revised Code, a state park established or dedicated under	4215
Chapter 1541. of the Revised Code, a state park purchase area	4216
established under section 1541.02 of the Revised Code, a national	4217
recreation area, any unit of the national park system, or any	4218
property that lies within the boundaries of a national park or	4219
recreation area, but that has not been acquired or is not	4220
administered by the secretary of the United States department of	4221
the interior, located in this state, or any area located in this	4222
state that is recommended by the secretary for study for potential	4223
inclusion in the national park system in accordance with "The Act	4224
of August 18, 1970," 84 Stat. 825, 16 U.S.C.A. 1a-5, as amended;	4225

(5) Within five hundred feet of a natural area, any area	4226
established by the department of natural resources as a state	4227
wildlife area under Chapter 1531. of the Revised Code and rules	4228
adopted under it, any area that is formally dedicated as a nature	4229
preserve under section 1517.05 of the Revised Code, or any area	4230
designated by the United States department of the interior as a	4231
national wildlife refuge;	4232

(6) Within five hundred feet of a lake or reservoir of one	4233
acre or more that is hydrogeologically connected to ground water.	4234
For purposes of division (C)(6) of this section, a lake or	4235
reservoir does not include a body of water constructed and used	4236
for purposes of surface water drainage or sediment control.	4237

(7) Within five hundred feet of a state forest purchased or	4238
otherwise acquired under Chapter 1503. of the Revised Code;	4239

(8) Within five hundred feet of land that is placed on the	4240
state registry of historic landmarks under section 149.55 of the	4241
Revised Code;	4242

(9) Within five hundred feet of an occupied dwelling unless	4243
written permission is given by the owner of the dwelling.	4244

(D) Neither the director nor any board shall issue a permit	4245
to install under section 3714.051 of the Revised Code to establish	4246
a new construction and demolition debris facility when the limits	4247
of construction and demolition debris placement at the new	4248
facility are proposed to have an isolation distance of less than	4249
five feet from the uppermost aquifer system that consists of	4250
material that has a maximum hydraulic conductivity of 1 x 10-5	4251
cm/sec and all of the geologic material comprising the isolation	4252
distance has a hydraulic conductivity equivalent to or less than 1	4253
x 10-6 cm/sec.	4254

(E) Neither the director nor any board shall issue a permit	4255
to install under section 3714.051 of the Revised Code to establish	4256
a new construction and demolition debris facility when the road	4257
that is designated by the owner or operator as the main hauling	4258
road at the facility to and from the limits of construction and	4259
demolition debris placement is proposed to be located within five	4260
hundred feet of an occupied dwelling unless written permission is	4261
given by the owner of the occupied dwelling.	4262

(F) Neither the director nor any board shall issue a permit	4263
to install under section 3714.051 of the Revised Code to establish	4264
a new construction and demolition debris facility unless the new	4265
facility will have all of the following:	4266

(1) Access roads that shall be constructed in a manner that	4267
allows use in all weather conditions and will withstand the	4268
anticipated degree of use and minimize erosion and generation of	4269
dust;	4270

(2) Surface water drainage and sediment controls that are	4271
required by the director;	4272

(3) If the facility is proposed to be located in an area in	4273
which an applicable zoning resolution allows residential	4274
construction, vegetated earthen berms or an equivalent barrier	4275
with a minimum height of six feet separating the facility from	4276
adjoining property.	4277

(G)(1) The siting criteria established in this section shall	4278
be applied to an application for a permit to install at the time	4279
that the application is submitted to the director or a board of	4280
health, as applicable. Circumstances related to the siting	4281
criteria that change after the application is submitted shall not	4282
be considered in approving or disapproving the application.	4283

(2) The siting criteria established in this section by this	4284
amendment do not apply to an expansion of a construction and	4285
demolition debris facility that was in operation prior to ~~the~~	4286
~~effective date of this amendment~~December 22, 2005, onto property	4287
within the property boundaries identified in the application for	4288
the initial license for that facility or any subsequent license	4289
issued for that facility up to and including the license issued	4290
for that facility for calendar year 2005. The siting criteria	4291
established in this section prior to ~~the effective date of this~~	4292
~~amendment~~December 22, 2005, apply to such an expansion.	4293

Sec. 3717.42. (A) The following are not food service	4294
operations:	4295

(1) A retail food establishment licensed under this chapter,	4296
including a retail food establishment that provides the services	4297
of a food service operation pursuant to an endorsement issued	4298
under section 3717.24 of the Revised Code;	4299

(2) An entity exempt from the requirement to be licensed as a	4300
retail food establishment under division (B) of section 3717.22 of	4301
the Revised Code;	4302

(3) A business or that portion of a business that is	4303
regulated by the federal government or the department of	4304
agriculture as a food manufacturing or food processing business,	4305
including a business or that portion of a business regulated by	4306
the department of agriculture under Chapter 911., 913., 915.,	4307
917., 918., or 925. of the Revised Code.	4308

(B) All of the following are exempt from the requirement to	4309
be licensed as a food service operation:	4310

(1) A private home in which individuals related by blood,	4311
marriage, or law reside and in which the food that is prepared or	4312
served is intended only for those individuals and their nonpaying	4313
guests;	4314

(2) A private home operated as a bed-and-breakfast that	4315
prepares and offers food to guests, if the home is owner-occupied,	4316
the number of available guest bedrooms does not exceed six,	4317
breakfast is the only meal offered, and the number of guests	4318
served does not exceed sixteen;	4319

(3) A stand operated on the premises of a private home by one	4320
or more children under the age of twelve, if the food served is	4321
not potentially hazardous;	4322

(4) A residential facility that accommodates not more than	4323
sixteen residents; is licensed, certified, registered, or	4324
otherwise regulated by the federal government or by the state or a	4325
political subdivision of the state; and prepares food for or	4326
serves food to only the residents of the facility, the staff of	4327
the facility, and any nonpaying guests of residents or staff;	4328

(5) A church, school, fraternal or veterans' organization,	4329
volunteer fire organization, or volunteer emergency medical	4330
service organization preparing or serving food intended for	4331
individual portion service on its premises for not more than seven	4332
consecutive days or not more than fifty-two separate days during a	4333
licensing period. This exemption extends to any individual or	4334
group raising all of its funds during the time periods specified	4335
in division (B)(5) of this section for the benefit of the church,	4336
school, or organization by preparing or serving food intended for	4337
individual portion service under the same conditions.	4338

(6) A common carrier that prepares or serves food, if the	4339
carrier is regulated by the federal government;	4340

(7) A food service operation serving thirteen or fewer	4341
individuals daily;	4342

(8) A type A ~~or type B~~ family ~~day-care~~child-care home or	4343
type B family child-care home, as defined in section 5104.01 of	4344
the Revised Code, that prepares or serves food for the children	4345
receiving ~~day-care~~child care;	4346

(9) A vending machine location where the only foods dispensed	4347
are foods from one or both of the following categories:	4348

(a) Prepackaged foods that are not potentially hazardous;

4349

(b) Nuts, panned or wrapped bulk chewing gum, or panned or	4350
wrapped bulk candies.	4351

(10) A place servicing the vending machines at a vending	4352
machine location described in division (B)(9) of this section;	4353

(11) A commissary servicing vending machines that dispense	4354
only milk, milk products, or frozen desserts that are under a	4355
state or federal inspection and analysis program;	4356

(12) A "controlled location vending machine location," which	4357
means a vending machine location at which all of the following	4358
apply:	4359

(a) The vending machines dispense only foods that are not	4360
potentially hazardous;	4361

(b) The machines are designed to be filled and maintained in	4362
a sanitary manner by untrained persons;	4363

(c) Minimal protection is necessary to ensure against	4364
contamination of food and equipment.	4365

(13) A private home that prepares and offers food to guests,	4366
if the home is owner-occupied, meals are served on the premises of	4367
that home, the number of meals served does not exceed one hundred	4368
fifteen per week, and the home displays a notice in a place	4369
conspicuous to all of its guests informing them that the home is	4370
not required to be licensed as a food service operation;	4371

(14) An individual who prepares full meals or meal	4372
components, such as pies or baked goods, in the individual's home	4373
to be served off the premises of that home, if the number of meals	4374
or meal components prepared for that purpose does not exceed	4375
twenty in a seven-day period.	4376

Sec. 3737.22. (A) The fire marshal shall do all of the	4377
following:	4378

(1) Adopt the state fire code under sections 3737.82 to	4379
3737.86 of the Revised Code;	4380

(2) Enforce the state fire code;

4381

(3) Appoint assistant fire marshals who are authorized to	4382
enforce the state fire code;	4383

(4) Conduct investigations into the cause, origin, and	4384
circumstances of fires and explosions, and assist in the	4385
prosecution of persons believed to be guilty of arson or a similar	4386
crime;	4387

(5) Compile statistics concerning loss due to fire and	4388
explosion as the fire marshal considers necessary, and consider	4389
the compatibility of the fire marshal's system of compilation with	4390
the systems of other state and federal agencies and fire marshals	4391
of other states;	4392

(6) Engage in research on the cause and prevention of losses	4393
due to fire and explosion;	4394

(7) Engage in public education and informational activities	4395
which will inform the public of fire safety information;	4396

(8) Operate a fire training academy and forensic laboratory;

4397

(9) Conduct other fire safety and fire fighting training	4398
activities for the public and groups as will further the cause of	4399
fire safety;	4400

(10) Conduct licensing examinations, and issue permits,	4401
licenses, and certificates, as authorized by the Revised Code;	4402

(11) Conduct tests of fire protection systems and devices,	4403
and fire fighting equipment to determine compliance with the state	4404
fire code, unless a building is insured against the hazard of	4405
fire, in which case such tests may be performed by the company	4406
insuring the building;	4407

(12) Establish and collect fees for conducting licensing	4408
examinations and for issuing permits, licenses, and certificates;	4409

(13) Make available for the prosecuting attorney and an	4410
assistant prosecuting attorney from each county of this state, in	4411
accordance with section 3737.331 of the Revised Code, a seminar	4412
program, attendance at which is optional, that is designed to	4413
provide current information, data, training, and techniques	4414
relative to the prosecution of arson cases;	4415

(14) Administer and enforce Chapter 3743. of the Revised	4416
Code;	4417

(15) Develop a uniform standard for the reporting of	4418
information required to be filed under division (E)(4) of section	4419
2921.22 of the Revised Code, and accept the reports of the	4420
information when they are filed.	4421

(B) The fire marshal shall appoint a chief deputy fire	4422
marshal, and shall employ professional and clerical assistants as	4423
the fire marshal considers necessary. The chief deputy shall be a	4424
competent former or current member of a fire agency and possess	4425
five years of recent, progressively more responsible experience in	4426
fire inspection, fire code enforcement, and fire code management.	4427
The chief deputy, with the approval of the director of commerce,	4428
shall temporarily assume the duties of the fire marshal when the	4429
fire marshal is absent or temporarily unable to carry out the	4430
duties of the office. When there is a vacancy in the office of	4431
fire marshal, the chief deputy, with the approval of the director	4432
of commerce, shall temporarily assume the duties of the fire	4433
marshal until a new fire marshal is appointed under section	4434
3737.21 of the Revised Code.	4435

All employees, other than the fire marshal; the chief deputy	4436
fire marshal; the superintendent of the Ohio fire academy; the	4437
grants administrator; the fiscal officer; the executive secretary	4438
to the fire marshal; legal counsel; the pyrotechnics	4439
administrator, the chief of the forensic laboratory; the person	4440
appointed by the fire marshal to serve as administrator over	4441
functions concerning testing, license examinations, and the	4442
issuance of permits and certificates; and the chiefs of the	4443
bureaus of fire prevention, of fire and explosion investigation,	4444
of code enforcement, and of underground storage tanks shall be in	4445
the classified civil service. The fire marshal shall authorize the	4446
chief deputy and other employees under the fire marshal's	4447
supervision to exercise powers granted to the fire marshal by law	4448
as may be necessary to carry out the duties of the fire marshal's	4449
office.	4450

(C) The fire marshal shall create, in and as a part of the	4451
office of fire marshal, a fire and explosion investigation bureau	4452
consisting of a chief of the bureau and additional assistant fire	4453
marshals as the fire marshal determines necessary for the	4454
efficient administration of the bureau. The chief shall be	4455
experienced in the investigation of the cause, origin, and	4456
circumstances of fires, and in administration, including the	4457
supervision of subordinates. The chief, among other duties	4458
delegated to the chief by the fire marshal, shall be responsible,	4459
under the direction of the fire marshal, for the investigation of	4460
the cause, origin, and circumstances of fires and explosions in	4461
the state, and for assistance in the prosecution of persons	4462
believed to be guilty of arson or a similar crime.	4463

(D)(1) The fire marshal shall create, as part of the office	4464
of fire marshal, a bureau of code enforcement consisting of a	4465
chief of the bureau and additional assistant fire marshals as the	4466
fire marshal determines necessary for the efficient administration	4467
of the bureau. The chief shall be qualified, by education or	4468
experience, in fire inspection, fire code development, fire code	4469
enforcement, or any other similar field determined by the fire	4470
marshal, and in administration, including the supervision of	4471
subordinates. The chief is responsible, under the direction of the	4472
fire marshal, for fire inspection, fire code development, fire	4473
code enforcement, and any other duties delegated to the chief by	4474
the fire marshal.	4475

(2) The fire marshal, the chief deputy fire marshal, the	4476
chief of the bureau of code enforcement, or any assistant fire	4477
marshal under the direction of the fire marshal, the chief deputy	4478
fire marshal, or the chief of the bureau of code enforcement may	4479
cause to be conducted the inspection of all buildings, structures,	4480
and other places, the condition of which may be dangerous from a	4481
fire safety standpoint to life or property, or to property	4482
adjacent to the buildings, structures, or other places.	4483

(E) The fire marshal shall create, as a part of the office of	4484
fire marshal, a bureau of fire prevention consisting of a chief of	4485
the bureau and additional assistant fire marshals as the fire	4486
marshal determines necessary for the efficient administration of	4487
the bureau. The chief shall be qualified, by education or	4488
experience, to promote programs for rural and urban fire	4489
prevention and protection. The chief, among other duties delegated	4490
to the chief by the fire marshal, is responsible, under the	4491
direction of the fire marshal, for the promotion of rural and	4492
urban fire prevention and protection through public information	4493
and education programs.	4494

(F) The fire marshal shall cooperate with the director of job	4495
and family services when the director adopts rules under section	4496
~~5104.052~~5104.018 of the Revised Code regarding fire prevention	4497
and fire safety in licensed type B family child-care homes and	4498
certified type B family ~~day-care~~child-care homes, as defined in	4499
section 5104.01 of the Revised Code, recommend procedures for	4500
inspecting type B homes to determine whether they are in	4501
compliance with those rules, and provide training and technical	4502
assistance to the director and, in the case of certified type B	4503
family child-care homes, county directors of job and family	4504
services on the procedures for determining compliance with those	4505
rules.	4506

(G) The fire marshal, upon request of a provider of child	4507
care in a type B home that is not licensed by the director of job	4508
and family services or certified by ~~the~~a county director of job	4509
and family services, as a precondition of approval by the state	4510
board of education under section 3313.813 of the Revised Code for	4511
receipt of United States department of agriculture child and adult	4512
care food program funds established under the "National School	4513
Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, shall	4514
inspect the type B home to determine compliance with rules adopted	4515
under section ~~5104.052~~5104.018 of the Revised Code regarding fire	4516
prevention and fire safety in certified type B homes. In municipal	4517
corporations and in townships where there is a certified fire	4518
safety inspector, the inspections shall be made by that inspector	4519
under the supervision of the fire marshal, according to rules	4520
adopted under section ~~5104.052~~5104.018 of the Revised Code. In	4521
townships outside municipal corporations where there is no	4522
certified fire safety inspector, inspections shall be made by the	4523
fire marshal.	4524

Sec. 3737.83. The fire marshal shall, as part of the state	4525
fire code, adopt rules to:	4526

(A) Establish minimum standards of performance for fire	4527
protection equipment and fire fighting equipment;	4528

(B) Establish minimum standards of training, fix minimum	4529
qualifications, and require certificates for all persons who	4530
engage in the business for profit of installing, testing,	4531
repairing, or maintaining fire protection equipment;	4532

(C) Provide for the issuance of certificates required under	4533
division (B) of this section and establish the fees to be charged	4534
for such certificates. A certificate shall be granted, renewed, or	4535
revoked according to rules the fire marshal shall adopt.	4536

(D) Establish minimum standards of flammability for consumer	4537
goods in any case where the federal government or any department	4538
or agency thereof has established, or may from time to time	4539
establish standards of flammability for consumer goods. The	4540
standards established by the fire marshal shall be identical to	4541
the minimum federal standards.	4542

In any case where the federal government or any department or	4543
agency thereof, establishes standards of flammability for consumer	4544
goods subsequent to the adoption of a flammability standard by the	4545
fire marshal, standards previously adopted by the fire marshal	4546
shall not continue in effect to the extent such standards are not	4547
identical to the minimum federal standards.	4548

With respect to the adoption of minimum standards of	4549
flammability, this division shall supersede any authority granted	4550
a political subdivision by any other section of the Revised Code.	4551

(E) Establish minimum standards pursuant to section 5104.05	4552
of the Revised Code for fire prevention and fire safety in ~~child~~	4553
~~day-care~~child-care centers and in type A family ~~day-care~~	4554
child-care homes, as defined in section 5104.01 of the Revised	4555
Code.	4556

(F) Establish minimum standards for fire prevention and	4557
safety an adult group home seeking licensure as an adult care	4558
facility must meet under section 3722.02 of the Revised Code. The	4559
fire marshal shall adopt the rules under this division in	4560
consultation with the directors of health and aging and interested	4561
parties designated by the directors of health and aging.	4562

Sec. 3737.841. As used in this section and section 3737.842	4563
of the Revised Code:	4564

(A) "Public occupancy" means all of the following:

4565

(1) Any state correctional institution as defined in section	4566
2967.01 of the Revised Code and any county, multicounty,	4567
municipal, or municipal-county jail or workhouse;	4568

(2) Any hospital as defined in section 3727.01 of the Revised	4569
Code, any hospital licensed by the department of mental health	4570
under section 5119.20 of the Revised Code, and any institution,	4571
hospital, or other place established, controlled, or supervised by	4572
the department of mental health under Chapter 5119. of the Revised	4573
Code;	4574

(3) Any nursing home, residential care facility, or home for	4575
the aging as defined in section 3721.01 of the Revised Code and	4576
any adult care facility as defined in section 3722.01 of the	4577
Revised Code;	4578

(4) Any ~~child day-care~~child-care center and any type A	4579
family ~~day-care~~child-care home as defined in section 5104.01 of	4580
the Revised Code;	4581

(5) Any public auditorium or stadium;

4582

(6) Public assembly areas of hotels and motels containing	4583
more than ten articles of seating furniture.	4584

(B) "Sell" includes sell, offer or expose for sale, barter,	4585
trade, deliver, give away, rent, consign, lease, possess for sale,	4586
or dispose of in any other commercial manner.	4587

(C) Except as provided in division (D) of this section,	4588
"seating furniture" means any article of furniture, including	4589
children's furniture, that can be used as a support for an	4590
individual, or ~~his~~an individual's limbs or feet, when sitting or	4591
resting in an upright or reclining position and that either:	4592

(1) Is made with loose or attached cushions or pillows;

4593

(2) Is stuffed or filled in whole or in part with any filling	4594
material;	4595

(3) Is or can be stuffed or filled in whole or in part with	4596
any substance or material, concealed by fabric or any other	4597
covering.	4598

"Seating furniture" includes the cushions or pillows	4599
belonging to or forming a part of the furniture, the structural	4600
unit, and the filling material and its container or covering.	4601

(D) "Seating furniture" does not include, except if intended	4602
for use by children or in facilities designed for the care or	4603
treatment of humans, any of the following:	4604

(1) Cushions or pads intended solely for outdoor use;

4605

(2) Any article with a smooth surface that contains no more	4606
than one-half inch of filling material, if that article does not	4607
have an upholstered horizontal surface meeting an upholstered	4608
vertical surface;	4609

(3) Any article manufactured solely for recreational use or	4610
physical fitness purposes, including weight-lifting benches,	4611
gymnasium mats or pads, and sidehorses.	4612

(E) "Filling material" means cotton, wool, kapok, feathers,	4613
down, hair, liquid, or any other natural or ~~manmade~~artificial	4614
material or substance that is used or can be used as stuffing in	4615
seating furniture.	4616

Sec. 3742.01. As used in this chapter:

4617

(A) "Board of health" means the board of health of a city or	4618
general health district or the authority having the duties of a	4619
board of health under section 3709.05 of the Revised Code.	4620

(B) "Child care facility" means each area of any of the	4621
following in which child care, as defined in section 5104.01 of	4622
the Revised Code, is provided to children under six years of age:	4623

(1) A ~~child day-care~~child-care center, type A family	4624
~~day-care~~child-care home, or type B family ~~day-care~~child-care	4625
home as defined in section 5104.01 of the Revised Code;	4626

(2) ~~A type C family day-care home authorized to provide child~~	4627
~~care by Sub. H.B. 62 of the 121st general assembly, as amended by~~	4628
~~Am. Sub. S.B. 160 of the 121st general assembly and Sub. H.B. 407~~	4629
~~of the 123rd general assembly;~~	4630

~~(3)~~ A preschool program or school child program as defined in	4631
section 3301.52 of the Revised Code.	4632

(C) "Clearance examination" means an examination to determine	4633
whether the lead hazards in a residential unit, child care	4634
facility, or school have been sufficiently controlled. A clearance	4635
examination includes a visual assessment, collection, and analysis	4636
of environmental samples.	4637

(D) "Clearance technician" means a person, other than a	4638
licensed lead inspector or licensed lead risk assessor, who	4639
performs a clearance examination.	4640

(E) "Clinical laboratory" means a facility for the	4641
biological, microbiological, serological, chemical,	4642
immunohematological, hematological, biophysical, cytological,	4643
pathological, or other examination of substances derived from the	4644
human body for the purpose of providing information for the	4645
diagnosis, prevention, or treatment of any disease, or in the	4646
assessment or impairment of the health of human beings. "Clinical	4647
laboratory" does not include a facility that only collects or	4648
prepares specimens, or serves as a mailing service, and does not	4649
perform testing.	4650

(F) "Encapsulation" means the coating and sealing of surfaces	4651
with durable surface coating specifically formulated to be	4652
elastic, able to withstand sharp and blunt impacts, long-lasting,	4653
and resilient, while also resistant to cracking, peeling, algae,	4654
fungus, and ultraviolet light, so as to prevent any part of	4655
lead-containing paint from becoming part of house dust or	4656
otherwise accessible to children.	4657

(G) "Enclosure" means the resurfacing or covering of surfaces	4658
with durable materials such as wallboard or paneling, and the	4659
sealing or caulking of edges and joints, so as to prevent or	4660
control chalking, flaking, peeling, scaling, or loose	4661
lead-containing substances from becoming part of house dust or	4662
otherwise accessible to children.	4663

(H) "Environmental lead analytical laboratory" means a	4664
facility that analyzes air, dust, soil, water, paint, film, or	4665
other substances, other than substances derived from the human	4666
body, for the presence and concentration of lead.	4667

(I) "HEPA" means the designation given to a product, device,	4668
or system that has been equipped with a high-efficiency	4669
particulate air filter, which is a filter capable of removing	4670
particles of 0.3 microns or larger from air at 99.97 per cent or	4671
greater efficiency.	4672

(J) "Interim controls" means a set of measures designed to	4673
reduce temporarily human exposure or likely human exposure to lead	4674
hazards. Interim controls include specialized cleaning, repairs,	4675
painting, temporary containment, ongoing lead hazard maintenance	4676
activities, and the establishment and operation of management and	4677
resident education programs.	4678

(K)(1) "Lead abatement" means a measure or set of measures	4679
designed for the single purpose of permanently eliminating lead	4680
hazards. "Lead abatement" includes all of the following:	4681

(a) Removal of lead-based paint and lead-contaminated dust;

4682

(b) Permanent enclosure or encapsulation of lead-based paint;

4683

(c) Replacement of surfaces or fixtures painted with	4684
lead-based paint;	4685

(d) Removal or permanent covering of lead-contaminated soil;

4686

(e) Preparation, cleanup, and disposal activities associated	4687
with lead abatement.	4688

(2) "Lead abatement" does not include any of the following:

4689

(a) Preventive treatments performed pursuant to section	4690
3742.41 of the Revised Code;	4691

(b) Implementation of interim controls;

4692

(c) Activities performed by a property owner on a residential	4693
unit to which both of the following apply:	4694

(i) It is a freestanding single-family home used as the	4695
property owner's private residence.	4696

(ii) No child under six years of age who has lead poisoning	4697
resides in the unit.	4698

(L) "Lead abatement contractor" means any individual who	4699
engages in or intends to engage in lead abatement and employs or	4700
supervises one or more lead abatement workers, including on-site	4701
supervision of lead abatement projects, or prepares	4702
specifications, plans, or documents for a lead abatement project.	4703

(M) "Lead abatement project" means one or more lead abatement	4704
activities that are conducted by a lead abatement contractor and	4705
are reasonably related to each other.	4706

(N) "Lead abatement project designer" means a person who is	4707
responsible for designing lead abatement projects and preparing a	4708
pre-abatement plan for all designed projects.	4709

(O) "Lead abatement worker" means an individual who is	4710
responsible in a nonsupervisory capacity for the performance of	4711
lead abatement.	4712

(P) "Lead-based paint" means any paint or other similar	4713
surface-coating substance containing lead at or in excess of the	4714
level that is hazardous to human health as established by rule of	4715
the public health council under section 3742.50 of the Revised	4716
Code.	4717

(Q) "Lead-contaminated dust" means dust that contains an area	4718
or mass concentration of lead at or in excess of the level that is	4719
hazardous to human health as established by rule of the public	4720
health council under section 3742.50 of the Revised Code.	4721

(R) "Lead-contaminated soil" means soil that contains lead at	4722
or in excess of the level that is hazardous to human health as	4723
established by rule of the public health council under section	4724
3742.50 of the Revised Code.	4725

(S) "Lead hazard" means material that is likely to cause lead	4726
exposure and endanger an individual's health as determined by the	4727
public health council in rules adopted under section 3742.50 of	4728
the Revised Code. "Lead hazard" includes lead-based paint,	4729
lead-contaminated dust, lead-contaminated soil, and	4730
lead-contaminated water pipes.	4731

(T) "Lead inspection" means a surface-by-surface	4732
investigation to determine the presence of lead-based paint. The	4733
inspection shall use a sampling or testing technique approved by	4734
the public health council in rules adopted by the council under	4735
section 3742.03 of the Revised Code. A licensed lead inspector or	4736
laboratory approved under section 3742.09 of the Revised Code	4737
shall certify in writing the precise results of the inspection.	4738

(U) "Lead inspector" means any individual who conducts a lead	4739
inspection, provides professional advice regarding a lead	4740
inspection, or prepares a report explaining the results of a lead	4741
inspection.	4742

(V) "Lead poisoning" means the level of lead in human blood	4743
that is hazardous to human health, as specified in rules adopted	4744
under section 3742.50 of the Revised Code.	4745

(W) "Lead risk assessment" means an on-site investigation to	4746
determine and report the existence, nature, severity, and location	4747
of lead hazards in a residential unit, child care facility, or	4748
school, including information gathering from the unit, facility,	4749
or school's current owner's knowledge regarding the age and	4750
painting history of the unit, facility, or school and occupancy by	4751
children under six years of age, visual inspection, limited wipe	4752
sampling or other environmental sampling techniques, and any other	4753
activity as may be appropriate.	4754

(X) "Lead risk assessor" means a person who is responsible	4755
for developing a written inspection, risk assessment, and analysis	4756
plan; conducting inspections for lead hazards in a residential	4757
unit, child care facility, or school; interpreting results of	4758
inspections and risk assessments; identifying hazard control	4759
strategies to reduce or eliminate lead exposures; and completing a	4760
risk assessment report.	4761

(Y) "Lead-safe renovation" means the supervision or	4762
performance of services for the general improvement of all or part	4763
of an existing structure, including a residential unit, child care	4764
facility, or school, when the services are supervised or performed	4765
by a lead-safe renovator.	4766

(Z) "Lead-safe renovator" means a person who has successfully	4767
completed a training program in lead-safe renovation approved	4768
under section 3742.47 of the Revised Code.	4769

(AA) "Manager" means a person, who may be the same person as	4770
the owner, responsible for the daily operation of a residential	4771
unit, child care facility, or school.	4772

(BB) "Permanent" means an expected design life of at least	4773
twenty years.	4774

(CC) "Replacement" means an activity that entails removing	4775
components such as windows, doors, and trim that have lead hazards	4776
on their surfaces and installing components free of lead hazards.	4777

(DD) "Residential unit" means a dwelling or any part of a	4778
building being used as an individual's private residence.	4779

(EE) "School" means a public or nonpublic school in which	4780
children under six years of age receive education.	4781

Sec. 3781.06. (A)(1) Any building that may be used as a	4782
place of resort, assembly, education, entertainment, lodging,	4783
dwelling, trade, manufacture, repair, storage, traffic, or	4784
occupancy by the public, any residential building, and all other	4785
buildings or parts and appurtenances of those buildings erected	4786
within this state, shall be so constructed, erected, equipped, and	4787
maintained that they shall be safe and sanitary for their intended	4788
use and occupancy.	4789

(2) Nothing in sections 3781.06 to 3781.18 and 3791.04 of the	4790
Revised Code shall be construed to limit the power of the public	4791
health council to adopt rules of uniform application governing	4792
manufactured home parks pursuant to section 3733.02 of the Revised	4793
Code.	4794

(B) Sections 3781.06 to 3781.18 and 3791.04 of the Revised	4795
Code do not apply to either of the following:	4796

(1) Buildings or structures that are incident to the use for	4797
agricultural purposes of the land on which the buildings or	4798
structures are located, provided those buildings or structures are	4799
not used in the business of retail trade. For purposes of this	4800
division, a building or structure is not considered used in the	4801
business of retail trade if fifty per cent or more of the gross	4802
income received from sales of products in the building or	4803
structure by the owner or operator is from sales of products	4804
produced or raised in a normal crop year on farms owned or	4805
operated by the seller.	4806

(2) Existing single-family, two-family, and three-family	4807
detached dwelling houses for which applications have been	4808
submitted to the director of job and family services pursuant to	4809
section 5104.03 of the Revised Code for the purposes of operating	4810
type A family ~~day-care~~child-care homes as defined in section	4811
5104.01 of the Revised Code.	4812

(C) As used in sections 3781.06 to 3781.18 and 3791.04 of the	4813
Revised Code:	4814

(1) "Agricultural purposes" include agriculture, farming,	4815
dairying, pasturage, apiculture, horticulture, floriculture,	4816
viticulture, ornamental horticulture, olericulture, pomiculture,	4817
and animal and poultry husbandry.	4818

(2) "Building" means any structure consisting of foundations,	4819
walls, columns, girders, beams, floors, and roof, or a combination	4820
of any number of these parts, with or without other parts or	4821
appurtenances.	4822

(3) "Industrialized unit" means a building unit or assembly	4823
of closed construction fabricated in an off-site facility, that is	4824
substantially self-sufficient as a unit or as part of a greater	4825
structure, and that requires transportation to the site of	4826
intended use. "Industrialized unit" includes units installed on	4827
the site as independent units, as part of a group of units, or	4828
incorporated with standard construction methods to form a	4829
completed structural entity. "Industrialized unit" does not	4830
include a manufactured home as defined by division (C)(4) of this	4831
section or a mobile home as defined by division (O) of section	4832
4501.01 of the Revised Code.	4833

(4) "Manufactured home" means a building unit or assembly of	4834
closed construction that is fabricated in an off-site facility and	4835
constructed in conformance with the federal construction and	4836
safety standards established by the secretary of housing and urban	4837
development pursuant to the "Manufactured Housing Construction and	4838
Safety Standards Act of 1974," 88 Stat. 700, 42 U.S.C.A. 5401,	4839
5403, and that has a permanent label or tag affixed to it, as	4840
specified in 42 U.S.C.A. 5415, certifying compliance with all	4841
applicable federal construction and safety standards.	4842

(5) "Permanent foundation" means permanent masonry, concrete,	4843
or a footing or foundation approved by the manufactured homes	4844
commission pursuant to Chapter 4781. of the Revised Code, to which	4845
a manufactured or mobile home may be affixed.	4846

(6) "Permanently sited manufactured home" means a	4847
manufactured home that meets all of the following criteria:	4848

(a) The structure is affixed to a permanent foundation and is	4849
connected to appropriate facilities;	4850

(b) The structure, excluding any addition, has a width of at	4851
least twenty-two feet at one point, a length of at least	4852
twenty-two feet at one point, and a total living area, excluding	4853
garages, porches, or attachments, of at least nine hundred square	4854
feet;	4855

(c) The structure has a minimum 3:12 residential roof pitch,	4856
conventional residential siding, and a six-inch minimum eave	4857
overhang, including appropriate guttering;	4858

(d) The structure was manufactured after January 1, 1995;

4859

(e) The structure is not located in a manufactured home park	4860
as defined by section 3733.01 of the Revised Code.	4861

(7) "Safe," with respect to a building, means it is free from	4862
danger or hazard to the life, safety, health, or welfare of	4863
persons occupying or frequenting it, or of the public and from	4864
danger of settlement, movement, disintegration, or collapse,	4865
whether such danger arises from the methods or materials of its	4866
construction or from equipment installed therein, for the purpose	4867
of lighting, heating, the transmission or utilization of electric	4868
current, or from its location or otherwise.	4869

(8) "Sanitary," with respect to a building, means it is free	4870
from danger or hazard to the health of persons occupying or	4871
frequenting it or to that of the public, if such danger arises	4872
from the method or materials of its construction or from any	4873
equipment installed therein, for the purpose of lighting, heating,	4874
ventilating, or plumbing.	4875

(9) "Residential building" means a one-family, two-family, or	4876
three-family dwelling house, and any accessory structure	4877
incidental to that dwelling house. "Residential building" includes	4878
a one-family, two-family, or three-family dwelling house that is	4879
used as a model to promote the sale of a similar dwelling house.	4880
"Residential building" does not include an industrialized unit as	4881
defined by division (C)(3) of this section, a manufactured home as	4882
defined by division (C)(4) of this section, or a mobile home as	4883
defined by division (O) of section 4501.01 of the Revised Code.	4884

(10) "Nonresidential building" means any building that is not	4885
a residential building or a manufactured or mobile home.	4886

(11) "Accessory structure" means a structure that is attached	4887
to a residential building and serves the principal use of the	4888
residential building. "Accessory structure" includes, but is not	4889
limited to, a garage, porch, or screened-in patio.	4890

Sec. 3781.10. (A)(1) The board of building standards shall	4891
formulate and adopt rules governing the erection, construction,	4892
repair, alteration, and maintenance of all buildings or classes of	4893
buildings specified in section 3781.06 of the Revised Code,	4894
including land area incidental to those buildings, the	4895
construction of industrialized units, the installation of	4896
equipment, and the standards or requirements for materials used	4897
in connection with those buildings. The board shall incorporate	4898
those rules into separate residential and nonresidential building	4899
codes. The standards shall relate to the conservation of energy	4900
and the safety and sanitation of those buildings.	4901

(2) The rules governing nonresidential buildings are the	4902
lawful minimum requirements specified for those buildings and	4903
industrialized units, except that no rule other than as provided	4904
in division (C) of section 3781.108 of the Revised Code that	4905
specifies a higher requirement than is imposed by any section of	4906
the Revised Code is enforceable. The rules governing residential	4907
buildings are uniform requirements for residential buildings in	4908
any area with a building department certified to enforce the state	4909
residential building code. In no case shall any local code or	4910
regulation differ from the state residential building code unless	4911
that code or regulation addresses subject matter not addressed by	4912
the state residential building code or is adopted pursuant to	4913
section 3781.01 of the Revised Code.	4914

(3) The rules adopted pursuant to this section are complete,	4915
lawful alternatives to any requirements specified for buildings	4916
or industrialized units in any section of the Revised Code. The	4917
board shall, on its own motion or on application made under	4918
sections 3781.12 and 3781.13 of the Revised Code, formulate,	4919
propose, adopt, modify, amend, or repeal the rules to the extent	4920
necessary or desirable to effectuate the purposes of sections	4921
3781.06 to 3781.18 of the Revised Code.	4922

(B) The board shall report to the general assembly proposals	4923
for amendments to existing statutes relating to the purposes	4924
declared in section 3781.06 of the Revised Code that public health	4925
and safety and the development of the arts require and shall	4926
recommend any additional legislation to assist in carrying out	4927
fully, in statutory form, the purposes declared in that section.	4928
The board shall prepare and submit to the general assembly a	4929
summary report of the number, nature, and disposition of the	4930
petitions filed under sections 3781.13 and 3781.14 of the Revised	4931
Code.	4932

(C) On its own motion or on application made under sections	4933
3781.12 and 3781.13 of the Revised Code, and after thorough	4934
testing and evaluation, the board shall determine by rule that any	4935
particular fixture, device, material, process of manufacture,	4936
manufactured unit or component, method of manufacture, system, or	4937
method of construction complies with performance standards adopted	4938
pursuant to section 3781.11 of the Revised Code. The board shall	4939
make its determination with regard to adaptability for safe and	4940
sanitary erection, use, or construction, to that described in any	4941
section of the Revised Code, wherever the use of a fixture,	4942
device, material, method of manufacture, system, or method of	4943
construction described in that section of the Revised Code is	4944
permitted by law. The board shall amend or annul any rule or issue	4945
an authorization for the use of a new material or manufactured	4946
unit on any like application. No department, officer, board, or	4947
commission of the state other than the board of building standards	4948
or the board of building appeals shall permit the use of any	4949
fixture, device, material, method of manufacture, newly designed	4950
product, system, or method of construction at variance with what	4951
is described in any rule the board of building standards adopts or	4952
issues or that is authorized by any section of the Revised Code.	4953
Nothing in this section shall be construed as requiring approval,	4954
by rule, of plans for an industrialized unit that conforms with	4955
the rules the board of building standards adopts pursuant to	4956
section 3781.11 of the Revised Code.	4957

(D) The board shall recommend rules, codes, and standards to	4958
help carry out the purposes of section 3781.06 of the Revised Code	4959
and to help secure uniformity of state administrative rulings and	4960
local legislation and administrative action to the bureau of	4961
workers' compensation, the director of commerce, any other	4962
department, officer, board, or commission of the state, and to	4963
legislative authorities and building departments of counties,	4964
townships, and municipal corporations, and shall recommend that	4965
they audit those recommended rules, codes, and standards by any	4966
appropriate action that they are allowed pursuant to law or the	4967
constitution.	4968

(E)(1) The board shall certify municipal, township, and	4969
county building departments and the personnel of those building	4970
departments, and persons and employees of individuals, firms, or	4971
corporations as described in division (E)(7) of this section to	4972
exercise enforcement authority, to accept and approve plans and	4973
specifications, and to make inspections, pursuant to sections	4974
3781.03, 3791.04, and 4104.43 of the Revised Code.	4975

(2) The board shall certify departments, personnel, and	4976
persons to enforce the state residential building code, to enforce	4977
the nonresidential building code, or to enforce both the	4978
residential and the nonresidential building codes. Any department,	4979
personnel, or person may enforce only the type of building code	4980
for which certified.	4981

(3) The board shall not require a building department, its	4982
personnel, or any persons that it employs to be certified for	4983
residential building code enforcement if that building department	4984
does not enforce the state residential building code. The board	4985
shall specify, in rules adopted pursuant to Chapter 119. of the	4986
Revised Code, the requirements for certification for residential	4987
and nonresidential building code enforcement, which shall be	4988
consistent with this division. The requirements for residential	4989
and nonresidential certification may differ. Except as otherwise	4990
provided in this division, the requirements shall include, but are	4991
not limited to, the satisfactory completion of an initial	4992
examination and, to remain certified, the completion of a	4993
specified number of hours of continuing building code education	4994
within each three-year period following the date of certification	4995
which shall be not less than thirty hours. The rules shall provide	4996
that continuing education credits and certification issued by the	4997
council of American building officials, national model code	4998
organizations, and agencies or entities the board recognizes are	4999
acceptable for purposes of this division. The rules shall specify	5000
requirements that are compatible, to the extent possible, with	5001
requirements the council of American building officials and	5002
national model code organizations establish.	5003

(4) The board shall establish and collect a certification and	5004
renewal fee for building department personnel, and persons and	5005
employees of persons, firms, or corporations as described in this	5006
section, who are certified pursuant to this division.	5007

(5) Any individual certified pursuant to this division shall	5008
complete the number of hours of continuing building code education	5009
that the board requires or, for failure to do so, forfeit	5010
certification.	5011

(6) This division does not require or authorize the board to	5012
certify personnel of municipal, township, and county building	5013
departments, and persons and employees of persons, firms, or	5014
corporations as described in this section, whose responsibilities	5015
do not include the exercise of enforcement authority, the approval	5016
of plans and specifications, or making inspections under the state	5017
residential and nonresidential building codes.	5018

(7) Enforcement authority for approval of plans and	5019
specifications and enforcement authority for inspections may be	5020
exercised, and plans and specifications may be approved and	5021
inspections may be made on behalf of a municipal corporation,	5022
township, or county, by any of the following who the board of	5023
building standards certifies:	5024

(a) Officers or employees of the municipal corporation,	5025
township, or county;	5026

(b) Persons, or employees of persons, firms, or corporations,	5027
pursuant to a contract to furnish architectural, engineering, or	5028
other services to the municipal corporation, township, or county;	5029

(c) Officers or employees of, and persons under contract	5030
with, a municipal corporation, township, county, health district,	5031
or other political subdivision, pursuant to a contract to furnish	5032
architectural, engineering, or other services.	5033

(8) Municipal, township, and county building departments have	5034
jurisdiction within the meaning of sections 3781.03, 3791.04, and	5035
4104.43 of the Revised Code, only with respect to the types of	5036
buildings and subject matters for which they are certified under	5037
this section.	5038

(9) Certification shall be granted upon application by the	5039
municipal corporation, the board of township trustees, or the	5040
board of county commissioners and approval of that application by	5041
the board of building standards. The application shall set forth:	5042

(a) Whether the certification is requested for residential or	5043
nonresidential buildings, or both;	5044

(b) The number and qualifications of the staff composing the	5045
building department;	5046

(c) The names, addresses, and qualifications of persons,	5047
firms, or corporations contracting to furnish work or services	5048
pursuant to division (E)(7)(b) of this section;	5049

(d) The names of any other municipal corporation, township,	5050
county, health district, or political subdivision under contract	5051
to furnish work or services pursuant to division (E)(7) of this	5052
section;	5053

(e) The proposed budget for the operation of the building	5054
department.	5055

(10) The board of building standards shall adopt rules	5056
governing all of the following:	5057

(a) The certification of building department personnel and	5058
persons and employees of persons, firms, or corporations	5059
exercising authority pursuant to division (E)(7) of this section.	5060
The rules shall disqualify any employee of the department or	5061
person who contracts for services with the department from	5062
performing services for the department when that employee or	5063
person would have to pass upon, inspect, or otherwise exercise	5064
authority over any labor, material, or equipment the employee or	5065
person furnishes for the construction, alteration, or maintenance	5066
of a building or the preparation of working drawings or	5067
specifications for work within the jurisdictional area of the	5068
department. The department shall provide other similarly qualified	5069
personnel to enforce the residential and nonresidential building	5070
codes as they pertain to that work.	5071

(b) The minimum services to be provided by a certified	5072
building department.	5073

(11) The board of building standards may revoke or suspend	5074
certification to enforce the residential and nonresidential	5075
building codes, on petition to the board by any person affected by	5076
that enforcement or approval of plans, or by the board on its own	5077
motion. Hearings shall be held and appeals permitted on any	5078
proceedings for certification or revocation or suspension of	5079
certification in the same manner as provided in section 3781.101	5080
of the Revised Code for other proceedings of the board of building	5081
standards.	5082

(12) Upon certification, and until that authority is revoked,	5083
any county or township building department shall enforce the	5084
residential and nonresidential building codes for which it is	5085
certified without regard to limitation upon the authority of	5086
boards of county commissioners under Chapter 307. of the Revised	5087
Code or boards of township trustees under Chapter 505. of the	5088
Revised Code.	5089

(F) In addition to hearings sections 3781.06 to 3781.18 and	5090
3791.04 of the Revised Code require, the board of building	5091
standards shall make investigations and tests, and require from	5092
other state departments, officers, boards, and commissions	5093
information the board considers necessary or desirable to assist	5094
it in the discharge of any duty or the exercise of any power	5095
mentioned in this section or in sections 3781.06 to 3781.18,	5096
3791.04, and 4104.43 of the Revised Code.	5097

(G) The board shall adopt rules and establish reasonable fees	5098
for the review of all applications submitted where the applicant	5099
applies for authority to use a new material, assembly, or product	5100
of a manufacturing process. The fee shall bear some reasonable	5101
relationship to the cost of the review or testing of the	5102
materials, assembly, or products and for the notification of	5103
approval or disapproval as provided in section 3781.12 of the	5104
Revised Code.	5105

(H) The residential construction advisory committee shall	5106
provide the board with a proposal for a state residential building	5107
code that the committee recommends pursuant to division (C)(1) of	5108
section 4740.14 of the Revised Code. Upon receiving a	5109
recommendation from the committee that is acceptable to the board,	5110
the board shall adopt rules establishing that code as the state	5111
residential building code.	5112

(I) The board shall cooperate with the director of job and	5113
family services when the director promulgates rules pursuant to	5114
section 5104.05 of the Revised Code regarding safety and	5115
sanitation in type A family ~~day-care~~child-care homes.	5116

(J) The board shall adopt rules to implement the requirements	5117
of section 3781.108 of the Revised Code.	5118

Sec. 3797.06. (A) As used in this section, "specified	5119
geographical notification area" means the geographic area or areas	5120
within which the attorney general requires by rule adopted under	5121
section 3797.08 of the Revised Code the notice described in	5122
division (B) of this section to be given to the persons identified	5123
in divisions (A)(1) to (9) of this section. If a court enters a	5124
declaratory judgment against a registrant under section 2721.21 of	5125
the Revised Code, the sheriff with whom the registrant has most	5126
recently registered under section 3797.02 or 3797.03 of the	5127
Revised Code and the sheriff to whom the registrant most recently	5128
sent a notice of intent to reside under section 3797.03 of the	5129
Revised Code shall provide within the period of time specified in	5130
division (C) of this section a written notice containing the	5131
information set forth in division (B) of this section to all of	5132
the persons described in divisions (A)(1) to (9) of this section.	5133
If the sheriff has sent a notice to the persons described in those	5134
divisions as a result of receiving a notice of intent to reside	5135
and if the registrant registers a residence address that is the	5136
same residence address described in the notice of intent to	5137
reside, the sheriff is not required to send an additional notice	5138
when the registrant registers. The sheriff shall provide the	5139
notice to all of the following persons:	5140

(1)(a) Any occupant of each residential unit that is located	5141
within one thousand feet of the registrant's residential premises,	5142
that is located within the county served by the sheriff, and that	5143
is not located in a multi-unit building. Division (D)(3) of this	5144
section applies regarding notices required under this division.	5145

(b) If the registrant resides in a multi-unit building, any	5146
occupant of each residential unit that is located in that	5147
multi-unit building and that shares a common hallway with the	5148
registrant. For purposes of this division, an occupant's unit	5149
shares a common hallway with the registrant if the entrance door	5150
into the occupant's unit is located on the same floor and opens	5151
into the same hallway as the entrance door to the unit the	5152
registrant occupies. Division (D)(3) of this section applies	5153
regarding notices required under this division.	5154

(c) The building manager, or the person the building owner or	5155
condominium unit owners association authorizes to exercise	5156
management and control, of each multi-unit building that is	5157
located within one thousand feet of the registrant's residential	5158
premises, including a multi-unit building in which the registrant	5159
resides, and that is located within the county served by the	5160
sheriff. In addition to notifying the building manager or the	5161
person authorized to exercise management and control in the	5162
multi-unit building under this division, the sheriff shall post a	5163
copy of the notice prominently in each common entryway in the	5164
building and any other location in the building the sheriff	5165
determines appropriate. The manager or person exercising	5166
management and control of the building shall permit the sheriff to	5167
post copies of the notice under this division as the sheriff	5168
determines appropriate. In lieu of posting copies of the notice as	5169
described in this division, a sheriff may provide notice to all	5170
occupants of the multi-unit building by mail or personal contact.	5171
If the sheriff so notifies all the occupants, the sheriff is not	5172
required to post copies of the notice in the common entryways to	5173
the building. Division (D)(3) of this section applies regarding	5174
notices required under this division.	5175

(d) All additional persons who are within any category of	5176
neighbors of the registrant that the attorney general by rule	5177
adopted under section 3797.08 of the Revised Code requires to be	5178
provided the notice and who reside within the county served by the	5179
sheriff.	5180

(2) The executive director of the public children services	5181
agency that has jurisdiction within the specified geographical	5182
notification area and that is located within the county served by	5183
the sheriff;	5184

(3) The superintendent of each board of education of a school	5185
district that has schools within the specified geographical	5186
notification area and that is located within the county served by	5187
the sheriff;	5188

(4) The appointing or hiring officer of each nonpublic school	5189
located within the specified geographical notification area and	5190
within the county served by the sheriff or of each other school	5191
located within the specified geographical notification area and	5192
within the county served by the sheriff and that is not operated	5193
by a board of education described in division (A)(3) of this	5194
section;	5195

(5) The director, head teacher, elementary principal, or site	5196
administrator of each preschool program governed by Chapter 3301.	5197
of the Revised Code that is located within the specified	5198
geographical notification area and within the county served by the	5199
sheriff;	5200

(6) The administrator of each ~~child day-care~~child-care	5201
center or type A family ~~day-care~~child-care home that is located	5202
within the specified geographical notification area and within the	5203
county served by the sheriff, and the provider of each licensed	5204
type B family child-care home or certified type B family ~~day-care~~	5205
child-care home that is located within the specified geographical	5206
notification area and within the county served by the sheriff. As	5207
used in this division, "~~child day-care~~child-care center," "type A	5208
family ~~day-care~~child-care home," "licensed type B family	5209
child-care home," and "certified type B family ~~day-care~~child-care	5210
home" have the same meanings as in section 5104.01 of the Revised	5211
Code.	5212

(7) The president or other chief administrative officer of	5213
each institution of higher education, as defined in section	5214
2907.03 of the Revised Code, that is located within the specified	5215
geographical notification area and within the county served by the	5216
sheriff and the chief law enforcement officer of any state	5217
university law enforcement agency or campus police department	5218
established under section 3345.04 or 1713.50 of the Revised Code	5219
that serves that institution;	5220

(8) The sheriff of each county that includes any portion of	5221
the specified geographical notification area;	5222

(9) If the registrant resides within the county served by the	5223
sheriff, the chief of police, marshal, or other chief law	5224
enforcement officer of the municipal corporation in which the	5225
registrant resides or, if the registrant resides in an	5226
unincorporated area, the constable or chief of the police	5227
department or police district police force of the township in	5228
which the registrant resides.	5229

(B) The notice required under division (A) of this section	5230
shall include the registrant's name, residence or employment	5231
address, as applicable, and a statement that the registrant has	5232
been found liable for childhood sexual abuse in a civil action and	5233
is listed on the civil registry established by the attorney	5234
general pursuant to section 3797.08 of the Revised Code.	5235

(C) If a sheriff with whom a registrant registers under	5236
section 3797.02 or 3797.03 of the Revised Code or to whom the	5237
registrant most recently sent a notice of intent to reside under	5238
section 3797.03 of the Revised Code is required by division (A) of	5239
this section to provide notices regarding a registrant and if the	5240
sheriff provides a notice pursuant to that requirement the sheriff	5241
provides a notice to a sheriff of one or more other counties in	5242
accordance with division (A)(8) of this section, the sheriff of	5243
each of the other counties who is provided notice under division	5244
(A)(8) of this section shall provide the notices described in	5245
divisions (A)(1) to (7) and (A)(9) of this section to each person	5246
or entity identified within those divisions that is located within	5247
the specified geographical notification area and within the county	5248
served by the sheriff in question.	5249

(D)(1) A sheriff required by division (A) or (C) of this	5250
section to provide notices regarding a registrant shall provide	5251
the notice to the neighbors that are described in division (A)(1)	5252
of this section and the notices to law enforcement personnel that	5253
are described in divisions (A)(8) and (9) of this section as soon	5254
as practicable, but not later than five days after the registrant	5255
sends the notice of intent to reside to the sheriff, and again not	5256
later than five days after the registrant registers with the	5257
sheriff or, if the sheriff is required by division (C) to provide	5258
the notices, not later than five days after the sheriff is	5259
provided the notice described in division (A)(8) of this section.	5260

A sheriff required by division (A) or (C) of this section to	5261
provide notices regarding a registrant shall provide the notices	5262
to all other specified persons that are described in divisions	5263
(A)(2) to (7) of this section as soon as practicable, but not	5264
later than seven days after the registrant registers with the	5265
sheriff, or, if the sheriff is required by division (C) to provide	5266
the notices, not later than five days after the sheriff is	5267
provided the notice described in division (A)(8) of this section.	5268

(2) If a registrant in relation to whom division (A) of this	5269
section applies verifies the registrant's current residence	5270
address with a sheriff pursuant to section 3797.04 of the Revised	5271
Code, the sheriff may provide a written notice containing the	5272
information set forth in division (B) of this section to the	5273
persons identified in divisions (A)(1) to (9) of this section. If	5274
a sheriff provides a notice pursuant to this division to the	5275
sheriff of one or more other counties in accordance with division	5276
(A)(8) of this section, the sheriff of each of the other counties	5277
who is provided the notice under division (A)(8) of this section	5278
may provide, but is not required to provide, a written notice	5279
containing the information set forth in division (B) of this	5280
section to the persons identified in divisions (A)(1) to (7) and	5281
(A)(9) of this section.	5282

(3) A sheriff may provide notice under division (A)(1)(a) or	5283
(b) of this section, and may provide notice under division	5284
(A)(1)(c) of this section to a building manager or person	5285
authorized to exercise management and control of a building, by	5286
mail, by personal contact, or by leaving the notice at or under	5287
the entry door to a residential unit. For purposes of divisions	5288
(A)(1)(a) and (b) of this section and of the portion of division	5289
(A)(1)(c) of this section relating to the provision of notice to	5290
occupants of a multi-unit building by mail or personal contact,	5291
the provision of one written notice per unit is deemed providing	5292
notice to all occupants of that unit.	5293

(E) All information that a sheriff possesses regarding a	5294
registrant that is described in division (B) of this section and	5295
that must be provided in a notice required under division (A) or	5296
(C) of this section or that may be provided in a notice authorized	5297
under division (D)(2) of this section is a public record that is	5298
open to inspection under section 149.43 of the Revised Code.	5299

(F) A sheriff required by division (A) or (C) of this	5300
section, or authorized by division (D)(2) of this section, to	5301
provide notices regarding a registrant may request the department	5302
of job and family services, department of education, or Ohio board	5303
of regents, by telephone, in registrant, or by mail, to provide	5304
the sheriff with the names, addresses, and telephone numbers of	5305
the appropriate persons and entities to whom the notices described	5306
in divisions (A)(2) to (7) of this section are to be provided.	5307
Upon receipt of a request, the department or board shall provide	5308
the requesting sheriff with the names, addresses, and telephone	5309
numbers of the appropriate persons and entities to whom those	5310
notices are to be provided.	5311

(G)(1) Upon the motion of the registrant or the judge that	5312
entered a declaratory judgment pursuant to section 2721.21 of the	5313
Revised Code or that judge's successor in office, the judge may	5314
schedule a hearing to determine whether the interests of justice	5315
would be served by suspending the community notification	5316
requirement under this section in relation to the registrant. The	5317
judge may dismiss the motion without a hearing but may not issue	5318
an order suspending the community notification requirement without	5319
a hearing. At the hearing, all parties are entitled to be heard.	5320
If, at the conclusion of the hearing, the judge finds that the	5321
registrant has proven by clear and convincing evidence that the	5322
registrant is unlikely to commit childhood sexual abuse in the	5323
future and that suspending the community notification requirement	5324
is in the interests of justice, the judge may issue an order	5325
suspending the application of this section in relation to the	5326
registrant. The order shall contain both of these findings.	5327

The judge promptly shall serve a copy of the order upon the	5328
sheriff with whom the registrant most recently registered a	5329
residence address and the sheriff with whom the registrant most	5330
recently registered an employment address under section 3797.02 of	5331
the Revised Code.	5332

An order suspending the community notification requirement	5333
does not suspend or otherwise alter a registrant's duties to	5334
comply with sections 3797.02, 3797.03, and 3797.04 of the Revised	5335
Code.	5336

(2) A registrant has the right to appeal an order denying a	5337
motion made under division (G)(1) of this section.	5338

Sec. 4511.01. As used in this chapter and in Chapter 4513.	5339
of the Revised Code:	5340

(A) "Vehicle" means every device, including a motorized	5341
bicycle, in, upon, or by which any person or property may be	5342
transported or drawn upon a highway, except that "vehicle" does	5343
not include any motorized wheelchair, any electric personal	5344
assistive mobility device, any device that is moved by power	5345
collected from overhead electric trolley wires or that is used	5346
exclusively upon stationary rails or tracks, or any device, other	5347
than a bicycle, that is moved by human power.	5348

(B) "Motor vehicle" means every vehicle propelled or drawn by	5349
power other than muscular power or power collected from overhead	5350
electric trolley wires, except motorized bicycles, road rollers,	5351
traction engines, power shovels, power cranes, and other equipment	5352
used in construction work and not designed for or employed in	5353
general highway transportation, hole-digging machinery,	5354
well-drilling machinery, ditch-digging machinery, farm machinery,	5355
trailers used to transport agricultural produce or agricultural	5356
production materials between a local place of storage or supply	5357
and the farm when drawn or towed on a street or highway at a speed	5358
of twenty-five miles per hour or less, threshing machinery,	5359
hay-baling machinery, agricultural tractors and machinery used in	5360
the production of horticultural, floricultural, agricultural, and	5361
vegetable products, and trailers designed and used exclusively to	5362
transport a boat between a place of storage and a marina, or in	5363
and around a marina, when drawn or towed on a street or highway	5364
for a distance of no more than ten miles and at a speed of	5365
twenty-five miles per hour or less.	5366

(C) "Motorcycle" means every motor vehicle, other than a	5367
tractor, having a saddle for the use of the operator and designed	5368
to travel on not more than three wheels in contact with the	5369
ground, including, but not limited to, motor vehicles known as	5370
"motor-driven cycle," "motor scooter," or "motorcycle" without	5371
regard to weight or brake horsepower.	5372

(D) "Emergency vehicle" means emergency vehicles of	5373
municipal, township, or county departments or public utility	5374
corporations when identified as such as required by law, the	5375
director of public safety, or local authorities, and motor	5376
vehicles when commandeered by a police officer.	5377

(E) "Public safety vehicle" means any of the following:

5378

(1) Ambulances, including private ambulance companies under	5379
contract to a municipal corporation, township, or county, and	5380
private ambulances and nontransport vehicles bearing license	5381
plates issued under section 4503.49 of the Revised Code;	5382

(2) Motor vehicles used by public law enforcement officers or	5383
other persons sworn to enforce the criminal and traffic laws of	5384
the state;	5385

(3) Any motor vehicle when properly identified as required by	5386
the director of public safety, when used in response to fire	5387
emergency calls or to provide emergency medical service to ill or	5388
injured persons, and when operated by a duly qualified person who	5389
is a member of a volunteer rescue service or a volunteer fire	5390
department, and who is on duty pursuant to the rules or directives	5391
of that service. The state fire marshal shall be designated by the	5392
director of public safety as the certifying agency for all public	5393
safety vehicles described in division (E)(3) of this section.	5394

(4) Vehicles used by fire departments, including motor	5395
vehicles when used by volunteer fire fighters responding to	5396
emergency calls in the fire department service when identified as	5397
required by the director of public safety.	5398

Any vehicle used to transport or provide emergency medical	5399
service to an ill or injured person, when certified as a public	5400
safety vehicle, shall be considered a public safety vehicle when	5401
transporting an ill or injured person to a hospital regardless of	5402
whether such vehicle has already passed a hospital.	5403

(5) Vehicles used by the motor carrier enforcement unit for	5404
the enforcement of orders and rules of the public utilities	5405
commission as specified in section 5503.34 of the Revised Code.	5406

(F) "School bus" means every bus designed for carrying more	5407
than nine passengers that is owned by a public, private, or	5408
governmental agency or institution of learning and operated for	5409
the transportation of children to or from a school session or a	5410
school function, or owned by a private person and operated for	5411
compensation for the transportation of children to or from a	5412
school session or a school function, provided "school bus" does	5413
not include a bus operated by a municipally owned transportation	5414
system, a mass transit company operating exclusively within the	5415
territorial limits of a municipal corporation, or within such	5416
limits and the territorial limits of municipal corporations	5417
immediately contiguous to such municipal corporation, nor a common	5418
passenger carrier certified by the public utilities commission	5419
unless such bus is devoted exclusively to the transportation of	5420
children to and from a school session or a school function, and	5421
"school bus" does not include a van or bus used by a licensed	5422
~~child day-care~~child-care center or type A family ~~day-care~~	5423
child-care home to transport children from the ~~child day-care~~	5424
child-care center or type A family ~~day-care~~child-care home to a	5425
school if the van or bus does not have more than fifteen children	5426
in the van or bus at any time.	5427

(G) "Bicycle" means every device, other than a tricycle	5428
designed solely for use as a play vehicle by a child, propelled	5429
solely by human power upon which any person may ride having either	5430
two tandem wheels, or one wheel in the front and two wheels in the	5431
rear, any of which is more than fourteen inches in diameter.	5432

(H) "Motorized bicycle" means any vehicle having either two	5433
tandem wheels or one wheel in the front and two wheels in the	5434
rear, that is capable of being pedaled and is equipped with a	5435
helper motor of not more than fifty cubic centimeters piston	5436
displacement that produces no more than one brake horsepower and	5437
is capable of propelling the vehicle at a speed of no greater than	5438
twenty miles per hour on a level surface.	5439

(I) "Commercial tractor" means every motor vehicle having	5440
motive power designed or used for drawing other vehicles and not	5441
so constructed as to carry any load thereon, or designed or used	5442
for drawing other vehicles while carrying a portion of such other	5443
vehicles, or load thereon, or both.	5444

(J) "Agricultural tractor" means every self-propelling	5445
vehicle designed or used for drawing other vehicles or wheeled	5446
machinery but having no provision for carrying loads independently	5447
of such other vehicles, and used principally for agricultural	5448
purposes.	5449

(K) "Truck" means every motor vehicle, except trailers and	5450
semitrailers, designed and used to carry property.	5451

(L) "Bus" means every motor vehicle designed for carrying	5452
more than nine passengers and used for the transportation of	5453
persons other than in a ridesharing arrangement, and every motor	5454
vehicle, automobile for hire, or funeral car, other than a taxicab	5455
or motor vehicle used in a ridesharing arrangement, designed and	5456
used for the transportation of persons for compensation.	5457

(M) "Trailer" means every vehicle designed or used for	5458
carrying persons or property wholly on its own structure and for	5459
being drawn by a motor vehicle, including any such vehicle when	5460
formed by or operated as a combination of a "semitrailer" and a	5461
vehicle of the dolly type, such as that commonly known as a	5462
"trailer dolly," a vehicle used to transport agricultural produce	5463
or agricultural production materials between a local place of	5464
storage or supply and the farm when drawn or towed on a street or	5465
highway at a speed greater than twenty-five miles per hour, and a	5466
vehicle designed and used exclusively to transport a boat between	5467
a place of storage and a marina, or in and around a marina, when	5468
drawn or towed on a street or highway for a distance of more than	5469
ten miles or at a speed of more than twenty-five miles per hour.	5470

(N) "Semitrailer" means every vehicle designed or used for	5471
carrying persons or property with another and separate motor	5472
vehicle so that in operation a part of its own weight or that of	5473
its load, or both, rests upon and is carried by another vehicle.	5474

(O) "Pole trailer" means every trailer or semitrailer	5475
attached to the towing vehicle by means of a reach, pole, or by	5476
being boomed or otherwise secured to the towing vehicle, and	5477
ordinarily used for transporting long or irregular shaped loads	5478
such as poles, pipes, or structural members capable, generally, of	5479
sustaining themselves as beams between the supporting connections.	5480

(P) "Railroad" means a carrier of persons or property	5481
operating upon rails placed principally on a private right-of-way.	5482

(Q) "Railroad train" means a steam engine or an electric or	5483
other motor, with or without cars coupled thereto, operated by a	5484
railroad.	5485

(R) "Streetcar" means a car, other than a railroad train, for	5486
transporting persons or property, operated upon rails principally	5487
within a street or highway.	5488

(S) "Trackless trolley" means every car that collects its	5489
power from overhead electric trolley wires and that is not	5490
operated upon rails or tracks.	5491

(T) "Explosives" means any chemical compound or mechanical	5492
mixture that is intended for the purpose of producing an explosion	5493
that contains any oxidizing and combustible units or other	5494
ingredients in such proportions, quantities, or packing that an	5495
ignition by fire, by friction, by concussion, by percussion, or by	5496
a detonator of any part of the compound or mixture may cause such	5497
a sudden generation of highly heated gases that the resultant	5498
gaseous pressures are capable of producing destructive effects on	5499
contiguous objects, or of destroying life or limb. Manufactured	5500
articles shall not be held to be explosives when the individual	5501
units contain explosives in such limited quantities, of such	5502
nature, or in such packing, that it is impossible to procure a	5503
simultaneous or a destructive explosion of such units, to the	5504
injury of life, limb, or property by fire, by friction, by	5505
concussion, by percussion, or by a detonator, such as fixed	5506
ammunition for small arms, firecrackers, or safety fuse matches.	5507

(U) "Flammable liquid" means any liquid that has a flash	5508
point of seventy degrees ~~Fahrenheit~~fahrenheit, or less, as	5509
determined by a tagliabue or equivalent closed cup test device.	5510

(V) "Gross weight" means the weight of a vehicle plus the	5511
weight of any load thereon.	5512

(W) "Person" means every natural person, firm,	5513
co-partnership, association, or corporation.	5514

(X) "Pedestrian" means any natural person afoot.

5515

(Y) "Driver or operator" means every person who drives or is	5516
in actual physical control of a vehicle, trackless trolley, or	5517
streetcar.	5518

(Z) "Police officer" means every officer authorized to direct	5519
or regulate traffic, or to make arrests for violations of traffic	5520
regulations.	5521

(AA) "Local authorities" means every county, municipal, and	5522
other local board or body having authority to adopt police	5523
regulations under the constitution and laws of this state.	5524

(BB) "Street" or "highway" means the entire width between the	5525
boundary lines of every way open to the use of the public as a	5526
thoroughfare for purposes of vehicular travel.	5527

(CC) "Controlled-access highway" means every street or	5528
highway in respect to which owners or occupants of abutting lands	5529
and other persons have no legal right of access to or from the	5530
same except at such points only and in such manner as may be	5531
determined by the public authority having jurisdiction over such	5532
street or highway.	5533

(DD) "Private road or driveway" means every way or place in	5534
private ownership used for vehicular travel by the owner and those	5535
having express or implied permission from the owner but not by	5536
other persons.	5537

(EE) "Roadway" means that portion of a highway improved,	5538
designed, or ordinarily used for vehicular travel, except the berm	5539
or shoulder. If a highway includes two or more separate roadways	5540
the term "roadway" means any such roadway separately but not all	5541
such roadways collectively.	5542

(FF) "Sidewalk" means that portion of a street between the	5543
curb lines, or the lateral lines of a roadway, and the adjacent	5544
property lines, intended for the use of pedestrians.	5545

(GG) "Laned highway" means a highway the roadway of which is	5546
divided into two or more clearly marked lanes for vehicular	5547
traffic.	5548

(HH) "Through highway" means every street or highway as	5549
provided in section 4511.65 of the Revised Code.	5550

(II) "State highway" means a highway under the jurisdiction	5551
of the department of transportation, outside the limits of	5552
municipal corporations, provided that the authority conferred upon	5553
the director of transportation in section 5511.01 of the Revised	5554
Code to erect state highway route markers and signs directing	5555
traffic shall not be modified by sections 4511.01 to 4511.79 and	5556
4511.99 of the Revised Code.	5557

(JJ) "State route" means every highway that is designated	5558
with an official state route number and so marked.	5559

(KK) "Intersection" means:

5560

(1) The area embraced within the prolongation or connection	5561
of the lateral curb lines, or, if none, then the lateral boundary	5562
lines of the roadways of two highways which join one another at,	5563
or approximately at, right angles, or the area within which	5564
vehicles traveling upon different highways joining at any other	5565
angle may come in conflict.	5566

(2) Where a highway includes two roadways thirty feet or more	5567
apart, then every crossing of each roadway of such divided highway	5568
by an intersecting highway shall be regarded as a separate	5569
intersection. If an intersecting highway also includes two	5570
roadways thirty feet or more apart, then every crossing of two	5571
roadways of such highways shall be regarded as a separate	5572
intersection.	5573

(3) The junction of an alley with a street or highway, or	5574
with another alley, shall not constitute an intersection.	5575

(LL) "Crosswalk" means:

5576

(1) That part of a roadway at intersections ordinarily	5577
included within the real or projected prolongation of property	5578
lines and curb lines or, in the absence of curbs, the edges of the	5579
traversable roadway;	5580

(2) Any portion of a roadway at an intersection or elsewhere,	5581
distinctly indicated for pedestrian crossing by lines or other	5582
markings on the surface;	5583

(3) Notwithstanding divisions (LL)(1) and (2) of this	5584
section, there shall not be a crosswalk where local authorities	5585
have placed signs indicating no crossing.	5586

(MM) "Safety zone" means the area or space officially set	5587
apart within a roadway for the exclusive use of pedestrians and	5588
protected or marked or indicated by adequate signs as to be	5589
plainly visible at all times.	5590

(NN) "Business district" means the territory fronting upon a	5591
street or highway, including the street or highway, between	5592
successive intersections within municipal corporations where fifty	5593
per cent or more of the frontage between such successive	5594
intersections is occupied by buildings in use for business, or	5595
within or outside municipal corporations where fifty per cent or	5596
more of the frontage for a distance of three hundred feet or more	5597
is occupied by buildings in use for business, and the character of	5598
such territory is indicated by official traffic control devices.	5599

(OO) "Residence district" means the territory, not comprising	5600
a business district, fronting on a street or highway, including	5601
the street or highway, where, for a distance of three hundred feet	5602
or more, the frontage is improved with residences or residences	5603
and buildings in use for business.	5604

(PP) "Urban district" means the territory contiguous to and	5605
including any street or highway which is built up with structures	5606
devoted to business, industry, or dwelling houses situated at	5607
intervals of less than one hundred feet for a distance of a	5608
quarter of a mile or more, and the character of such territory is	5609
indicated by official traffic control devices.	5610

(QQ) "Traffic control devices" means all flaggers, signs,	5611
signals, markings, and devices placed or erected by authority of a	5612
public body or official having jurisdiction, for the purpose of	5613
regulating, warning, or guiding traffic, including signs denoting	5614
names of streets and highways.	5615

(RR) "Traffic control signal" means any device, whether	5616
manually, electrically, or mechanically operated, by which traffic	5617
is alternately directed to stop, to proceed, to change direction,	5618
or not to change direction.	5619

(SS) "Railroad sign or signal" means any sign, signal, or	5620
device erected by authority of a public body or official or by a	5621
railroad and intended to give notice of the presence of railroad	5622
tracks or the approach of a railroad train.	5623

(TT) "Traffic" means pedestrians, ridden or herded animals,	5624
vehicles, streetcars, trackless trolleys, and other devices,	5625
either singly or together, while using any highway for purposes of	5626
travel.	5627

(UU) "Right-of-way" means either of the following, as the	5628
context requires:	5629

(1) The right of a vehicle, streetcar, trackless trolley, or	5630
pedestrian to proceed uninterruptedly in a lawful manner in the	5631
direction in which it or the individual is moving in preference to	5632
another vehicle, streetcar, trackless trolley, or pedestrian	5633
approaching from a different direction into its or the	5634
individual's path;	5635

(2) A general term denoting land, property, or the interest	5636
therein, usually in the configuration of a strip, acquired for or	5637
devoted to transportation purposes. When used in this context,	5638
right-of-way includes the roadway, shoulders or berm, ditch, and	5639
slopes extending to the right-of-way limits under the control of	5640
the state or local authority.	5641

(VV) "Rural mail delivery vehicle" means every vehicle used	5642
to deliver United States mail on a rural mail delivery route.	5643

(WW) "Funeral escort vehicle" means any motor vehicle,	5644
including a funeral hearse, while used to facilitate the movement	5645
of a funeral procession.	5646

(XX) "Alley" means a street or highway intended to provide	5647
access to the rear or side of lots or buildings in urban districts	5648
and not intended for the purpose of through vehicular traffic, and	5649
includes any street or highway that has been declared an "alley"	5650
by the legislative authority of the municipal corporation in which	5651
such street or highway is located.	5652

(YY) "Freeway" means a divided multi-lane highway for through	5653
traffic with all crossroads separated in grade and with full	5654
control of access.	5655

(ZZ) "Expressway" means a divided arterial highway for	5656
through traffic with full or partial control of access with an	5657
excess of fifty per cent of all crossroads separated in grade.	5658

(AAA) "Thruway" means a through highway whose entire roadway	5659
is reserved for through traffic and on which roadway parking is	5660
prohibited.	5661

(BBB) "Stop intersection" means any intersection at one or	5662
more entrances of which stop signs are erected.	5663

(CCC) "Arterial street" means any United States or state	5664
numbered route, controlled access highway, or other major radial	5665
or circumferential street or highway designated by local	5666
authorities within their respective jurisdictions as part of a	5667
major arterial system of streets or highways.	5668

(DDD) "Ridesharing arrangement" means the transportation of	5669
persons in a motor vehicle where such transportation is incidental	5670
to another purpose of a volunteer driver and includes ridesharing	5671
arrangements known as carpools, vanpools, and buspools.	5672

(EEE) "Motorized wheelchair" means any self-propelled vehicle	5673
designed for, and used by, a handicapped person and that is	5674
incapable of a speed in excess of eight miles per hour.	5675

(FFF) "~~Child day-care~~Child-care center" and "type A family	5676
~~day-care~~child-care home" have the same meanings as in section	5677
5104.01 of the Revised Code.	5678

(GGG) "Multi-wheel agricultural tractor" means a type of	5679
agricultural tractor that has two or more wheels or tires on each	5680
side of one axle at the rear of the tractor, is designed or used	5681
for drawing other vehicles or wheeled machinery, has no provision	5682
for carrying loads independently of the drawn vehicles or	5683
machinery, and is used principally for agricultural purposes.	5684

(HHH) "Operate" means to cause or have caused movement of a	5685
vehicle, streetcar, or trackless trolley.	5686

(III) "Predicate motor vehicle or traffic offense" means any	5687
of the following:	5688

(1) A violation of section 4511.03, 4511.051, 4511.12,	5689
4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213,	5690
4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29,	5691
4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36,	5692
4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43,	5693
4511.431, 4511.432, 4511.44, 4511.441, 4511.451, 4511.452,	5694
4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50, 4511.511,	5695
4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59,	5696
4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68, 4511.70,	5697
4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, 4511.73,	5698
4511.763, 4511.771, 4511.78, or 4511.84 of the Revised Code;	5699

(2) A violation of division (A)(2) of section 4511.17,	5700
divisions (A) to (D) of section 4511.51, or division (A) of	5701
section 4511.74 of the Revised Code;	5702

(3) A violation of any provision of sections 4511.01 to	5703
4511.76 of the Revised Code for which no penalty otherwise is	5704
provided in the section that contains the provision violated;	5705

(4) A violation of a municipal ordinance that is	5706
substantially similar to any section or provision set forth or	5707
described in division (III)(1), (2), or (3) of this section.	5708

Sec. 4511.81. (A) When any child who is in either or both of	5709
the following categories is being transported in a motor vehicle,	5710
other than a taxicab or public safety vehicle as defined in	5711
section 4511.01 of the Revised Code, that is required by the	5712
United States department of transportation to be equipped with	5713
seat belts at the time of manufacture or assembly, the operator of	5714
the motor vehicle shall have the child properly secured in	5715
accordance with the manufacturer's instructions in a child	5716
restraint system that meets federal motor vehicle safety	5717
standards:	5718

(1) A child who is less than four years of age;

5719

(2) A child who weighs less than forty pounds.

5720

(B) When any child who is in either or both of the following	5721
categories is being transported in a motor vehicle, other than a	5722
taxicab, that is owned, leased, or otherwise under the control of	5723
a nursery school, kindergarten, or ~~day-care~~child-care center, the	5724
operator of the motor vehicle shall have the child properly	5725
secured in accordance with the manufacturer's instructions in a	5726
child restraint system that meets federal motor vehicle safety	5727
standards:	5728

(1) A child who is less than four years of age;

5729

(2) A child who weighs less than forty pounds.

5730

(C) When any child who is at least four years of age but not	5731
older than fifteen years of age is being transported in a motor	5732
vehicle, other than a taxicab or public safety vehicle as defined	5733
in section 4511.01 of the Revised Code, that is required by the	5734
United States department of transportation to be equipped with	5735
seat belts at the time of manufacture or assembly, the operator of	5736
the motor vehicle shall have the child properly restrained either	5737
in accordance with the manufacturer's instructions in a child	5738
restraint system that meets federal motor vehicle safety standards	5739
or in an occupant restraining device as defined in section	5740
4513.263 of the Revised Code.	5741

(D) Notwithstanding any provision of law to the contrary, no	5742
law enforcement officer shall cause an operator of a motor vehicle	5743
being operated on any street or highway to stop the motor vehicle	5744
for the sole purpose of determining whether a violation of	5745
division (C) of this section has been or is being committed or for	5746
the sole purpose of issuing a ticket, citation, or summons for a	5747
violation of that nature or causing the arrest of or commencing a	5748
prosecution of a person for a violation of that nature, and no law	5749
enforcement officer shall view the interior or visually inspect	5750
any automobile being operated on any street or highway for the	5751
sole purpose of determining whether a violation of that nature has	5752
been or is being committed.	5753

(E) The director of public safety shall adopt such rules as	5754
are necessary to carry out this section.	5755

(F) The failure of an operator of a motor vehicle to secure a	5756
child in a child restraint system or in an occupant restraining	5757
device as required by this section is not negligence imputable to	5758
the child, is not admissible as evidence in any civil action	5759
involving the rights of the child against any other person	5760
allegedly liable for injuries to the child, is not to be used as a	5761
basis for a criminal prosecution of the operator of the motor	5762
vehicle other than a prosecution for a violation of this section,	5763
and is not admissible as evidence in any criminal action involving	5764
the operator of the motor vehicle other than a prosecution for a	5765
violation of this section.	5766

(G) This section does not apply when an emergency exists that	5767
threatens the life of any person operating a motor vehicle and to	5768
whom this section otherwise would apply or the life of any child	5769
who otherwise would be required to be restrained under this	5770
section.	5771

(H) There is hereby created in the state treasury the "child	5772
highway safety fund," consisting of fines imposed pursuant to	5773
division (J)(1) of this section for violations of divisions (A),	5774
(B), and (C) of this section. The money in the fund shall be used	5775
by the department of health only to defray the cost of designating	5776
hospitals as pediatric trauma centers under section 3727.081 of	5777
the Revised Code and to establish and administer a child highway	5778
safety program. The purpose of the program shall be to educate the	5779
public about child restraint systems generally and the importance	5780
of their proper use. The program also shall include a process for	5781
providing child restraint systems to persons who meet the	5782
eligibility criteria established by the department, and a	5783
toll-free telephone number the public may utilize to obtain	5784
information about child restraint systems and their proper use.	5785

(I) The director of health, in accordance with Chapter 119.	5786
of the Revised Code, shall adopt any rules necessary to carry out	5787
this section, including rules establishing the criteria a person	5788
must meet in order to receive a child restraint system under the	5789
department's child restraint system program; provided that rules	5790
relating to the verification of pediatric trauma centers shall not	5791
be adopted under this section.	5792

(J)(1) Whoever violates division (A), (B), or (C) of this	5793
section shall be punished as follows:	5794

(a) Except as otherwise provided in division (J)(1)(b) of	5795
this section, the offender is guilty of a minor misdemeanor and	5796
shall be fined not less than twenty-five dollars.	5797

(b) If the offender previously has been convicted of or	5798
pleaded guilty to a violation of division (A), (B), or (C) of this	5799
section or of a municipal ordinance that is substantially similar	5800
to any of those divisions, the offender is guilty of a misdemeanor	5801
of the fourth degree.	5802

(2) All fines imposed pursuant to division (J)(1) of this	5803
section shall be forwarded to the treasurer of state for deposit	5804
in the "child highway safety fund" created by division (H) of this	5805
section.	5806

Sec. 4513.182. (A) No person shall operate any motor vehicle	5807
owned, leased, or hired by a nursery school, kindergarten, or	5808
~~day-care~~child-care center, while transporting preschool children	5809
to or from such an institution unless the motor vehicle is	5810
equipped with and displaying two amber flashing lights mounted on	5811
a bar attached to the top of the vehicle, and a sign bearing the	5812
designation "caution--children," which shall be attached to the	5813
bar carrying the amber flashing lights in such a manner as to be	5814
legible to persons both in front of and behind the vehicle. The	5815
lights and sign shall meet standards and specifications adopted by	5816
the director of public safety. The director, subject to Chapter	5817
119. of the Revised Code, shall adopt standards and specifications	5818
for the lights and sign, which shall include, but are not limited	5819
to, requirements for the color and size of lettering to be used on	5820
the sign, the type of material to be used for the sign, and the	5821
method of mounting the lights and sign so that they can be removed	5822
from a motor vehicle being used for purposes other than those	5823
specified in this section.	5824

(B) No person shall operate a motor vehicle displaying the	5825
lights and sign required by this section for any purpose other	5826
than the transportation of preschool children as provided in this	5827
section.	5828

(C) Whoever violates this section shall be punished as	5829
provided in section 4513.99 of the Revised Code.	5830

Sec. 5101.29. When contained in a record held by the	5831
department of job and family services or a county agency, the	5832
following are not public records for purposes of section 149.43 of	5833
the Revised Code:	5834

(A) Names and other identifying information regarding	5835
children enrolled in or attending a ~~child day-care~~child-care	5836
center or home subject to licensure, certification, or	5837
registration under Chapter 5104. of the Revised Code;	5838

(B) Names and other identifying information regarding	5839
children placed with an institution or association certified under	5840
section 5103.03 of the Revised Code;	5841

(C) Names and other identifying information regarding a	5842
person who makes an oral or written complaint regarding an	5843
institution, association, ~~child day-care~~child-care center, or	5844
home subject to licensure, certification, or registration to the	5845
department or other state or county entity responsible for	5846
enforcing Chapter 5103. or 5104. of the Revised Code.	5847

Sec. 5103.03. (A) The director of job and family services	5848
shall adopt rules as necessary for the adequate and competent	5849
management of institutions or associations.	5850

(B)(1) Except for facilities under the control of the	5851
department of youth services, places of detention for children	5852
established and maintained pursuant to sections 2152.41 to 2152.44	5853
of the Revised Code, and ~~child day-care~~child-care centers subject	5854
to Chapter 5104. of the Revised Code, the department of job and	5855
family services every two years shall pass upon the fitness of	5856
every institution and association that receives, or desires to	5857
receive and care for children, or places children in private	5858
homes.	5859

(2) When the department of job and family services is	5860
satisfied as to the care given such children, and that the	5861
requirements of the statutes and rules covering the management of	5862
such institutions and associations are being complied with, it	5863
shall issue to the institution or association a certificate to	5864
that effect. A certificate is valid for two years, unless sooner	5865
revoked by the department. When determining whether an institution	5866
or association meets a particular requirement for certification,	5867
the department may consider the institution or association to have	5868
met the requirement if the institution or association shows to the	5869
department's satisfaction that it has met a comparable requirement	5870
to be accredited by a nationally recognized accreditation	5871
organization.	5872

(3) The department may issue a temporary certificate valid	5873
for less than one year authorizing an institution or association	5874
to operate until minimum requirements have been met.	5875

(4) An institution or association that knowingly makes a	5876
false statement that is included as a part of certification under	5877
this section is guilty of the offense of falsification under	5878
section 2921.13 of the Revised Code and the department shall not	5879
certify that institution or association.	5880

(C) The department may revoke a certificate if it finds that	5881
the institution or association is in violation of law or rule. No	5882
juvenile court shall commit a child to an association or	5883
institution that is required to be certified under this section if	5884
its certificate has been revoked or, if after revocation, the date	5885
of reissue is less than fifteen months prior to the proposed	5886
commitment.	5887

(D) Every two years, on a date specified by the department,	5888
each institution or association desiring certification or	5889
recertification shall submit to the department a report showing	5890
its condition, management, competency to care adequately for the	5891
children who have been or may be committed to it or to whom it	5892
provides care or services, the system of visitation it employs for	5893
children placed in private homes, and other information the	5894
department requires.	5895

(E) The department shall, not less than once each year, send	5896
a list of certified institutions and associations to each juvenile	5897
court and certified association or institution.	5898

(F) No person shall receive children or receive or solicit	5899
money on behalf of such an institution or association not so	5900
certified or whose certificate has been revoked.	5901

(G) The director may delegate by rule any duties imposed on	5902
it by this section to inspect and approve family foster homes and	5903
specialized foster homes to public children services agencies,	5904
private child placing agencies, or private noncustodial agencies.	5905

(H) If the director of job and family services determines	5906
that an institution or association that cares for children is	5907
operating without a certificate, the director may petition the	5908
court of common pleas in the county in which the institution or	5909
association is located for an order enjoining its operation. The	5910
court shall grant injunctive relief upon a showing that the	5911
institution or association is operating without a certificate.	5912

(I) If both of the following are the case, the director of	5913
job and family services may petition the court of common pleas of	5914
any county in which an institution or association that holds a	5915
certificate under this section operates for an order, and the	5916
court may issue an order, preventing the institution or	5917
association from receiving additional children into its care or an	5918
order removing children from its care:	5919

(1) The department has evidence that the life, health, or	5920
safety of one or more children in the care of the institution or	5921
association is at imminent risk.	5922

(2) The department has issued a proposed adjudication order	5923
pursuant to Chapter 119. of the Revised Code to deny renewal of or	5924
revoke the certificate of the institution or association.	5925

Sec. 5104.01. As used in this chapter:

5926

(A) "Administrator" means the person responsible for the	5927
daily operation of a child-care center or type A family child-care	5928
home. The administrator and the owner may be the same person.	5929

(B) "Approved child day camp" means a child day camp approved	5930
pursuant to section ~~5104.22~~5104.23 of the Revised Code.	5931

(C) ~~"Authorized provider" means a person authorized by a~~	5932
~~county director of job and family services to operate a certified~~	5933
~~type B family day-care home~~"BCII" means the bureau of criminal	5934
identification and investigation.	5935

(D) "Border state child care provider" means a child care	5936
provider that is located in a state bordering Ohio and that is	5937
licensed, certified, or otherwise approved by that state to	5938
provide child care.	5939

(E) "Caretaker parent" means the father or mother of a child	5940
whose presence in the home is needed as the caretaker of the	5941
child, a person who has legal custody of a child and whose	5942
presence in the home is needed as the caretaker of the child, a	5943
guardian of a child whose presence in the home is needed as the	5944
caretaker of the child, and any other person who stands in loco	5945
parentis with respect to the child and whose presence in the home	5946
is needed as the caretaker of the child.	5947

(F) "Certified provider" means a person authorized by a	5948
county director of job and family services to operate a certified	5949
type B family child-care home.	5950

(G) "Certified type B family ~~day-care~~child-care home" and	5951
"certified type B home" mean a type B family ~~day-care~~child-care	5952
home that is certified by the director of ~~the~~a county department	5953
of job and family services pursuant to section 5104.11 of the	5954
Revised Code to ~~receive public funds for providing child care~~	5955
~~pursuant to this chapter and any rules adopted under it~~provide	5956
publicly funded child care.	5957

~~(G)~~(H) "Chartered nonpublic school" means a school that meets	5958
standards for nonpublic schools prescribed by the state board of	5959
education for nonpublic schools pursuant to section 3301.07 of the	5960
Revised Code.	5961

~~(H)~~(I) "Child" includes an infant, toddler, preschool child,	5962
or school child.	5963

~~(I)~~(J) "Child care block grant act" means the "Child Care and	5964
Development Block Grant Act of 1990," established in section 5082	5965
of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat.	5966
1388-236 (1990), 42 U.S.C. 9858, as amended.	5967

~~(J)~~(K) "Child day camp" means a program in which only school	5968
children attend or participate, that operates for no more than	5969
seven hours per day, that operates only during one or more public	5970
school district's regular vacation periods or for no more than	5971
fifteen weeks during the summer, and that operates outdoor	5972
activities for each child who attends or participates in the	5973
program for a minimum of fifty per cent of each day that children	5974
attend or participate in the program, except for any day when	5975
hazardous weather conditions prevent the program from operating	5976
outdoor activities for a minimum of fifty per cent of that day.	5977
For purposes of this division, the maximum seven hours of	5978
operation time does not include transportation time from a child's	5979
home to a child day camp and from a child day camp to a child's	5980
home.	5981

~~(K) "Child~~(L)(1) Except as provided by division (L)(2) of	5982
this section, "child care" means administering to the needs of	5983
infants, toddlers, preschool children, and school children outside	5984
of school hours ~~by persons other than their parents or guardians,~~	5985
~~custodians, or relatives by blood, marriage, or adoption~~ for any	5986
part of the twenty-four-hour day in a place or residence other	5987
than a child's own home.	5988

~~(L)~~(2) "Child care" does not include administering to the	5989
needs of an infant, toddler, preschool child, or school child by	5990
any of the following:	5991

(a) An individual related to the child by blood, marriage, or	5992
adoption as a parent, step-parent, grandparent, sibling,	5993
step-sibling, half-sibling, aunt, uncle, or first cousin;	5994

(b) The child's guardian or custodian.

5995

(M) "~~Child day-care~~Child-care center" and "center" mean any	5996
place in which child care or publicly funded child care is	5997
provided for thirteen or more children at one time or any place	5998
that is not the permanent residence of the licensee or	5999
administrator in which child care or publicly funded child care is	6000
provided for seven to twelve children at one time. ~~In counting~~	6001
~~children for the purposes of this division, any children under six~~	6002
~~years of age who are related to a licensee, administrator, or~~	6003
~~employee and who are on the premises of the center shall be~~	6004
~~counted.~~ "~~Child day-care~~Child-care center" and "center" do not	6005
include any of the following:	6006

(1) A place located in and operated by a hospital, as defined	6007
in section 3727.01 of the Revised Code, in which the needs of	6008
children are administered to, if all the children whose needs are	6009
being administered to are monitored under the on-site supervision	6010
of a physician licensed under Chapter 4731. of the Revised Code or	6011
a registered nurse licensed under Chapter 4723. of the Revised	6012
Code, and the services are provided only for children who, in the	6013
opinion of the child's parent, guardian, or custodian, are	6014
exhibiting symptoms of a communicable disease or other illness or	6015
are injured;	6016

(2) A child day camp;

6017

(3) A place that provides child care, but not publicly funded	6018
child care, if all of the following apply:	6019

(a) An organized religious body provides the child care;

6020

(b) A parent, custodian, or guardian of at least one child	6021
receiving child care is on the premises and readily accessible at	6022
all times;	6023

(c) The child care is not provided for more than thirty days	6024
a year;	6025

(d) The child care is provided only for preschool and school	6026
children.	6027

~~(M)~~(N) "Child care resource and referral service	6028
organization" means a community-based nonprofit organization that	6029
provides child care resource and referral services but not child	6030
care.	6031

~~(N)~~(O) "Child care resource and referral services" means all	6032
of the following services:	6033

(1) Maintenance of a uniform data base of all child care	6034
providers in the community that are in compliance with this	6035
chapter, including current occupancy and vacancy data;	6036

(2) Provision of individualized consumer education to	6037
families seeking child care;	6038

(3) Provision of timely referrals of available child care	6039
providers to families seeking child care;	6040

(4) Recruitment of child care providers;

6041

(5) Assistance in the development, conduct, and dissemination	6042
of training for child care providers and provision of technical	6043
assistance to current and potential child care providers,	6044
employers, and the community;	6045

(6) Collection and analysis of data on the supply of and	6046
demand for child care in the community;	6047

(7) Technical assistance concerning locally, state, and	6048
federally funded child care and early childhood education	6049
programs;	6050

(8) Stimulation of employer involvement in making child care	6051
more affordable, more available, safer, and of higher quality for	6052
their employees and for the community;	6053

(9) Provision of written educational materials to caretaker	6054
parents and informational resources to child care providers;	6055

(10) Coordination of services among child care resource and	6056
referral service organizations to assist in developing and	6057
maintaining a statewide system of child care resource and referral	6058
services if required by the department of job and family services;	6059

(11) Cooperation with the county department of job and family	6060
services in encouraging the establishment of parent cooperative	6061
child care centers and parent cooperative type A family ~~day-care~~	6062
child-care homes.	6063

~~(O)~~(P) "Child-care staff member" means an employee of a ~~child~~	6064
~~day-care~~child-care center or type A family ~~day-care~~child-care	6065
home who is primarily responsible for the care and supervision of	6066
children. The administrator may be a part-time child-care staff	6067
member when not involved in other duties.	6068

~~(P)~~(Q) "Criminal records check form" means the form the	6069
superintendent of BCII prescribes pursuant to division (C)(1) of	6070
section 109.572 of the Revised Code.	6071

(R) "Disqualifying offense" means all of the following:

6072

(1) A violation of section 2903.01, 2903.02, 2903.03,	6073
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	6074
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2907.02, 2907.03,	6075
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21,	6076
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	6077
2907.323, 2909.02, 2909.03, 2909.04, 2909.05, 2911.01, 2911.02,	6078
2911.11, 2911.12, 2913.02, 2913.03, 2913.04, 2913.041, 2913.05,	6079
2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 2913.33, 2913.34,	6080
2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441, 2913.45,	6081
2913.46, 2913.47, 2913.48, 2913.49, 2917.01, 2917.02, 2917.03,	6082
2917.31, 2919.12, 2919.22, 2919.24, 2919.25, 2921.03, 2921.11,	6083
2921.13, 2921.34, 2921.35, 2923.01, 2923.12, 2923.13, 2923.161,	6084
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the	6085
Revised Code;	6086

(2) A violation of section 2905.04 of the Revised Code as it	6087
existed prior to July 1, 1996;	6088

(3) Felonious sexual penetration in violation of former	6089
section 2907.12 of the Revised Code;	6090

(4) A violation of section 2919.23 of the Revised Code that	6091
would have been a violation of section 2905.04 of the Revised Code	6092
as it existed prior to July 1, 1996, had the violation occurred	6093
prior to that date;	6094

(5) A violation of section 2923.02 or 2923.03 of the Revised	6095
Code that relates to a crime specified in division (R) of this	6096
section;	6097

(6) A violation of section 2925.11 of the Revised Code that	6098
is not a minor drug possession offense as defined in section	6099
2925.01 of the Revised Code;	6100

(7) A second violation of section 4511.19 of the Revised Code	6101
within five years of the date of application for licensure or	6102
certification or renewal of licensure or certification;	6103

(8) A violation of an existing or former law of this state,	6104
any other state, or the United States that is substantially	6105
equivalent to any of the offenses described in divisions (R)(1) to	6106
(7) of this section.	6107

(S) "Drop-in ~~child day-care~~child-care center," "drop-in	6108
center," "drop-in type A family ~~day-care~~child-care home," and	6109
"drop-in type A home" mean a center or type A home that provides	6110
child care or publicly funded child care for children on a	6111
temporary, irregular basis.	6112

~~(Q)~~(T) "Employee" means a person who either:

6113

(1) Receives compensation for duties performed in a ~~child~~	6114
~~day-care~~child-care center or type A family ~~day-care~~child-care	6115
home;	6116

(2) Is assigned specific working hours or duties in a ~~child~~	6117
~~day-care~~child-care center or type A family ~~day-care~~child-care	6118
home.	6119

~~(R)~~(U) "Employer" means a person, firm, institution,	6120
organization, or agency that operates a ~~child day-care~~child-care	6121
center or type A family ~~day-care~~child-care home subject to	6122
licensure under this chapter.	6123

~~(S)~~(V) "Federal poverty line" means the official poverty	6124
guideline as revised annually in accordance with section 673(2) of	6125
the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42	6126
U.S.C. 9902, as amended, for a family size equal to the size of	6127
the family of the person whose income is being determined.	6128

~~(T)~~(W) "Head start program" means a child-care center that is	6129
a comprehensive child development program that receives funds	6130
distributed under the "Head Start Act," 95 Stat. 499 (1981), 42	6131
U.S.C.A. 9831, as amended~~, and is licensed as a child day-care~~	6132
~~center~~.	6133

~~(U)~~(X) "Income" means gross income, as defined in section	6134
5107.10 of the Revised Code, less any amounts required by federal	6135
statutes or regulations to be disregarded.	6136

~~(V)~~(Y) "Indicator checklist" means an inspection tool, used	6137
in conjunction with an instrument-based program monitoring	6138
information system, that contains selected licensing requirements	6139
that are statistically reliable indicators or predictors of a	6140
~~child day-care~~child-care center or type A family ~~day-care~~	6141
child-care home's compliance with licensing requirements.	6142

~~(W)~~(Z) "Infant" means a child who is less than eighteen	6143
months of age.	6144

~~(X)~~(AA) "In-home aide" means a person who does not reside	6145
with the child but provides care in the child's home and is	6146
certified by a county director of job and family services pursuant	6147
to section 5104.12 of the Revised Code to provide publicly funded	6148
child care to a child in a child's own home pursuant to this	6149
chapter and any rules adopted under it.	6150

~~(Y)~~(BB) "Instrument-based program monitoring information	6151
system" means a method to assess compliance with licensing	6152
requirements for ~~child day-care~~child-care centers and type A	6153
family ~~day-care~~child-care homes in which each licensing	6154
requirement is assigned a weight indicative of the relative	6155
importance of the requirement to the health, growth, and safety of	6156
the children that is used to develop an indicator checklist.	6157

~~(Z)~~(CC) "License capacity" means the maximum number in each	6158
age category of children who may be cared for in a ~~child day-care~~	6159
child-care center or type A family ~~day-care~~child-care home at one	6160
time as determined by the director of job and family services	6161
considering building occupancy limits established by the	6162
department of commerce, number of available child-care staff	6163
members, amount of available indoor floor space and outdoor play	6164
space, and amount of available play equipment, materials, and	6165
supplies.	6166

~~(AA)~~(DD) "Licensed preschool program" or "licensed school	6167
child program" means a preschool program or school child program,	6168
as defined in section 3301.52 of the Revised Code, that is	6169
licensed by the department of education pursuant to sections	6170
3301.52 to 3301.59 of the Revised Code.	6171

~~(BB)~~(EE) "Licensed provider" means a person authorized by a	6172
license issued by the director of job and family services to	6173
operate a licensed type B family child-care home.	6174

(FF) "Licensed type B family child-care home" or "licensed	6175
type B home" means a type B family child-care home that is	6176
licensed by the director of job and family services under section	6177
5104.03 of the Revised Code to provide child care or publicly	6178
funded child care to three to six children at one time.	6179

(GG) "Licensee" means ~~the~~both of the following:

6180

(1) The owner of a ~~child day-care~~child-care center or type A	6181
family ~~day-care~~child-care home that is licensed pursuant to this	6182
chapter and who is responsible for ensuring its compliance with	6183
this chapter and rules adopted pursuant to this chapter;	6184

(2) A licensed provider.

6185

~~(CC)~~(HH) "Operate a child day camp" means to operate,	6186
establish, manage, conduct, or maintain a child day camp.	6187

~~(DD)~~(II) "Owner" includes a person, as defined in section	6188
1.59 of the Revised Code, or government entity.	6189

~~(EE)~~(JJ) "Parent cooperative ~~child day-care~~child-care	6190
center," "parent cooperative center," "parent cooperative type A	6191
family ~~day-care~~child-care home," and "parent cooperative type A	6192
home" mean a corporation or association organized for providing	6193
educational services to the children of members of the corporation	6194
or association, without gain to the corporation or association as	6195
an entity, in which the services of the corporation or association	6196
are provided only to children of the members of the corporation or	6197
association, ownership and control of the corporation or	6198
association rests solely with the members of the corporation or	6199
association, and at least one parent-member of the corporation or	6200
association is on the premises of the center or type A home during	6201
its hours of operation.	6202

~~(FF)~~(KK) "Part-time ~~child day-care~~child-care center,"	6203
"part-time center," "part-time type A family ~~day-care~~child-care	6204
home," ~~and~~ "part-time type A home," "part-time licensed type B	6205
family child-care home," and "part-time licensed type B home" mean	6206
a center or, type A home, or licensed type B home that provides	6207
child care or publicly funded child care for no more than four	6208
hours a day for any child.	6209

~~(GG)~~(LL) "Place of worship" means a building where activities	6210
of an organized religious group are conducted and includes the	6211
grounds and any other buildings on the grounds used for such	6212
activities.	6213

~~(HH)~~(MM) "Preschool child" means a child who is three years	6214
old or older but is not a school child.	6215

~~(II)~~(NN) "Protective child care" means publicly funded child	6216
care for the direct care and protection of a child to whom either	6217
of the following applies:	6218

(1) A case plan prepared and maintained for the child	6219
pursuant to section 2151.412 of the Revised Code indicates a need	6220
for protective care and the child resides with a parent,	6221
stepparent, guardian, or another person who stands in loco	6222
parentis as defined in rules adopted under section 5104.38 of the	6223
Revised Code;	6224

(2) The child and the child's caretaker either temporarily	6225
reside in a facility providing emergency shelter for homeless	6226
families or are determined by the county department of job and	6227
family services to be homeless, and are otherwise ineligible for	6228
publicly funded child care.	6229

~~(JJ)~~(OO) "Publicly funded child care" means administering to	6230
the needs of infants, toddlers, preschool children, and school	6231
children under age thirteen during any part of the	6232
twenty-four-hour day by persons other than their caretaker parents	6233
for remuneration wholly or in part with federal or state funds,	6234
including funds available under the child care block grant act,	6235
Title IV-A, and Title XX, distributed by the department of job and	6236
family services.	6237

~~(KK)~~(PP) "Religious activities" means any of the following:	6238
worship or other religious services; religious instruction; Sunday	6239
school classes or other religious classes conducted during or	6240
prior to worship or other religious services; youth or adult	6241
fellowship activities; choir or other musical group practices or	6242
programs; meals; festivals; or meetings conducted by an organized	6243
religious group.	6244

~~(LL)~~(QQ) "School child" means a child who is enrolled in or	6245
is eligible to be enrolled in a grade of kindergarten or above but	6246
is less than fifteen years old.	6247

~~(MM)~~(RR) "School ~~child day-care~~child-care center," "school	6248
child center," "school child type A family ~~day-care~~child-care	6249
home," and "school child type A family home" mean a center or type	6250
A home that provides child care for school children only and that	6251
does either or both of the following:	6252

(1) Operates only during that part of the day that	6253
immediately precedes or follows the public school day of the	6254
school district in which the center or type A home is located;	6255

(2) Operates only when the public schools in the school	6256
district in which the center or type A home is located are not	6257
open for instruction with pupils in attendance.	6258

~~(NN)~~(SS) "Standard fingerprint impression sheet" means the	6259
standard impression sheet to obtain fingerprint impressions that	6260
the superintendent of BCII prescribes pursuant to division (C)(2)	6261
of section 109.572 of the Revised Code.	6262

(TT) "State median income" means the state median income	6263
calculated by the department of development pursuant to division	6264
(A)(1)(g) of section 5709.61 of the Revised Code.	6265

~~(OO)~~(UU) "Title IV-A" means Title IV-A of the "Social	6266
Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.	6267

~~(PP)~~(VV) "Title XX" means Title XX of the "Social Security	6268
Act," 88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended.	6269

~~(QQ)~~(WW) "Toddler" means a child who is at least eighteen	6270
months of age but less than three years of age.	6271

~~(RR)~~(XX) "Type A family ~~day-care~~child-care home" and "type A	6272
home" mean a permanent residence of the administrator in which	6273
child care or publicly funded child care is provided for seven to	6274
twelve children at one time or a permanent residence of the	6275
administrator in which child care is provided for four to twelve	6276
children at one time if four or more children at one time are	6277
under two years of age. ~~In counting children for the purposes of~~	6278
~~this division, any children under six years of age who are related~~	6279
~~to a licensee, administrator, or employee and who are on the~~	6280
~~premises of the type A home shall be counted.~~ "Type A family	6281
~~day-care~~child-care home" and "type A home" do not include any	6282
child day camp.	6283

~~(SS)~~(YY) "Type B family ~~day-care~~child-care home" and "type B	6284
home" mean a permanent residence of the provider in which child	6285
care is provided for one to six children at one time and in which	6286
no more than three children are under two years of age at one	6287
time. ~~In counting children for the purposes of this division, any~~	6288
~~children under six years of age who are related to the provider~~	6289
~~and who are on the premises of the type B home shall be counted.~~	6290
"Type B family day-care home" and "type B home" do not include any	6291
child day camp.	6292

Sec. 5104.011. (A) The director of job and family services	6293
shall adopt rules pursuant to Chapter 119. of the Revised Code	6294
governing the operation of ~~child day-care~~child-care centers,	6295
including, but not limited to, parent cooperative centers,	6296
part-time centers, drop-in centers, and school child centers,	6297
which rules shall reflect the various forms of child care and the	6298
needs of children receiving child care or publicly funded child	6299
care and shall include specific rules for school child care	6300
centers that are developed in consultation with the department of	6301
education. The rules shall not require an existing school facility	6302
that is in compliance with applicable building codes to undergo an	6303
additional building code inspection or to have structural	6304
modifications. The rules shall include the requirements set forth	6305
in sections 5104.15 to 5104.20 of the Revised Code and all of the	6306
following:	6307

(1) Submission of a site plan and descriptive plan of	6308
operation to demonstrate how the center proposes to meet the	6309
requirements of this chapter and rules adopted pursuant to this	6310
chapter for the initial license application;	6311

(2) Standards for ensuring that the physical surroundings of	6312
the center are safe and sanitary including, but not limited to,	6313
the physical environment, the physical plant, and the equipment of	6314
the center;	6315

(3) Standards for the supervision, care, and discipline of	6316
children receiving child care or publicly funded child care in the	6317
center;	6318

(4) Standards for a program of activities, and for play	6319
equipment, materials, and supplies, to enhance the development of	6320
each child; however, any educational curricula, philosophies, and	6321
methodologies that are developmentally appropriate and that	6322
enhance the social, emotional, intellectual, and physical	6323
development of each child shall be permissible. As used in this	6324
division, "program" does not include instruction in religious or	6325
moral doctrines, beliefs, or values that is conducted at ~~child~~	6326
~~day-care~~child-care centers owned and operated by churches and	6327
does include methods of disciplining children at ~~child day-care~~	6328
child-care centers.	6329

(5) Admissions policies and procedures, health care policies	6330
and procedures, including, but not limited to, procedures for the	6331
isolation of children with communicable diseases, first aid and	6332
emergency procedures, procedures for discipline and supervision of	6333
children, standards for the provision of nutritious meals and	6334
snacks, and procedures for screening children and employees,	6335
including, but not limited to, any necessary physical examinations	6336
and immunizations;	6337

(6) Methods for encouraging parental participation in the	6338
center and methods for ensuring that the rights of children,	6339
parents, and employees are protected and that responsibilities of	6340
parents and employees are met;	6341

(7) Procedures for ensuring the safety and adequate	6342
supervision of children traveling off the premises of the center	6343
while under the care of a center employee;	6344

(8) Procedures for record keeping, organization, and	6345
administration;	6346

(9) Procedures for issuing, renewing, denying, and revoking a	6347
license that are not otherwise provided for in Chapter 119. of the	6348
Revised Code;	6349

(10) Inspection procedures;

6350

(11) Procedures and standards for setting initial and renewal	6351
license application fees;	6352

(12) Procedures for receiving, recording, and responding to	6353
complaints about centers;	6354

(13) Procedures for enforcing section 5104.04 of the Revised	6355
Code;	6356

(14) A standard requiring the inclusion, on and after July 1,	6357
1987, of a current department of job and family services toll-free	6358
telephone number on each center provisional license or license	6359
which any person may use to report a suspected violation by the	6360
center of this chapter or rules adopted pursuant to this chapter;	6361

(15) Requirements for the training of administrators and	6362
child-care staff members in first aid, in prevention, recognition,	6363
and management of communicable diseases, and in child abuse	6364
recognition and prevention. Training requirements for ~~child~~	6365
~~day-care~~child-care centers adopted under this division shall be	6366
consistent with ~~divisions (B)(6) and (C)(1) of this section~~	6367
sections 5104.161 and 5104.172 of the Revised Code.	6368

(16) Procedures to be used by licensees for checking the	6369
references of potential employees of centers and procedures to be	6370
used by the director for checking the references of applicants for	6371
licenses to operate centers;	6372

(17) Standards providing for the special needs of children	6373
who are handicapped or who require treatment for health conditions	6374
while the child is receiving child care or publicly funded child	6375
care in the center;	6376

(18) A procedure for reporting of injuries of children that	6377
occur at the center;	6378

(19) Any other procedures and standards necessary to carry	6379
out this chapter regarding child-care centers.	6380

(B)~~(1) The child day-care center shall have, for each child~~	6381
~~for whom the center is licensed, at least thirty-five square feet~~	6382
~~of usable indoor floor space wall-to-wall regularly available for~~	6383
~~the child care operation exclusive of any parts of the structure~~	6384
~~in which the care of children is prohibited by law or by rules~~	6385
~~adopted by the board of building standards. The minimum of~~	6386
~~thirty-five square feet of usable indoor floor space shall not~~	6387
~~include hallways, kitchens, storage areas, or any other areas that~~	6388
~~are not available for the care of children, as determined by the~~	6389
~~director, in meeting the space requirement of this division, and~~	6390
~~bathrooms shall be counted in determining square footage only if~~	6391
~~they are used exclusively by children enrolled in the center,~~	6392
~~except that the exclusion of hallways, kitchens, storage areas,~~	6393
~~bathrooms not used exclusively by children enrolled in the center,~~	6394
~~and any other areas not available for the care of children from~~	6395
~~the minimum of thirty-five square feet of usable indoor floor~~	6396
~~space shall not apply to:~~	6397

~~(a) Centers licensed prior to or on September 1, 1986, that~~	6398
~~continue under licensure after that date;~~	6399

~~(b) Centers licensed prior to or on September 1, 1986, that~~	6400
~~are issued a new license after that date solely due to a change of~~	6401
~~ownership of the center.~~	6402

~~(2) The child day-care center shall have on the site a safe~~	6403
~~outdoor play space which is enclosed by a fence or otherwise~~	6404
~~protected from traffic or other hazards. The play space shall~~	6405
~~contain not less than sixty square feet per child using such space~~	6406
~~at any one time, and shall provide an opportunity for supervised~~	6407
~~outdoor play each day in suitable weather. The director may exempt~~	6408
~~a center from the requirement of this division, if an outdoor play~~	6409
~~space is not available and if all of the following are met:~~	6410

~~(a) The center provides an indoor recreation area that has~~	6411
~~not less than sixty square feet per child using the space at any~~	6412
~~one time, that has a minimum of one thousand four hundred forty~~	6413
~~square feet of space, and that is separate from the indoor space~~	6414
~~required under division (B)(1) of this section.~~	6415

~~(b) The director has determined that there is regularly~~	6416
~~available and scheduled for use a conveniently accessible and safe~~	6417
~~park, playground, or similar outdoor play area for play or~~	6418
~~recreation.~~	6419

~~(c) The children are closely supervised during play and while~~	6420
~~traveling to and from the area.~~	6421

~~The director also shall exempt from the requirement of this~~	6422
~~division a child day-care center that was licensed prior to~~	6423
~~September 1, 1986, if the center received approval from the~~	6424
~~director prior to September 1, 1986, to use a park, playground, or~~	6425
~~similar area, not connected with the center, for play or~~	6426
~~recreation in lieu of the outdoor space requirements of this~~	6427
~~section and if the children are closely supervised both during~~	6428
~~play and while traveling to and from the area and except if the~~	6429
~~director determines upon investigation and inspection pursuant to~~	6430
~~section 5104.04 of the Revised Code and rules adopted pursuant to~~	6431
~~that section that the park, playground, or similar area, as well~~	6432
~~as access to and from the area, is unsafe for the children.~~	6433

~~(3) The child day-care center shall have at least two~~	6434
~~responsible adults available on the premises at all times when~~	6435
~~seven or more children are in the center. The center shall~~	6436
~~organize the children in the center in small groups, shall provide~~	6437
~~child-care staff to give continuity of care and supervision to the~~	6438
~~children on a day-by-day basis, and shall ensure that no child is~~	6439
~~left alone or unsupervised. Except as otherwise provided in~~	6440
~~division (E) of this section, the maximum number of children per~~	6441
~~child-care staff member and maximum group size, by age category of~~	6442
~~children, are as follows:~~	6443

	~~Maximum Number of~~		6444
	~~Children Per~~	~~Maximum~~	6445
~~Age Category~~	~~Child-Care~~	~~Group~~	6446
~~of Children~~	~~Staff Member~~	~~Size~~	6447
~~(a) Infants:~~			6448
~~(i) Less than twelve~~			6449
~~months old~~	~~5:1, or~~		6450
	~~12:2 if two~~		6451
	~~child-care~~		6452
	~~staff members~~		6453
	~~are in the room~~	12	6454
~~(ii) At least twelve~~			6455
~~months old, but~~			6456
~~less than eighteen~~			6457
~~months old~~	~~6:1~~	12	6458
~~(b) Toddlers:~~			6459
~~(i) At least eighteen~~			6460
~~months old, but~~			6461
~~less than thirty~~			6462
~~months old~~	~~7:1~~	14	6463
~~(ii) At least thirty months~~			6464
~~old, but less than~~			6465
~~three years old~~	~~8:1~~	16	6466
~~(c) Preschool~~			6467
~~children:~~			6468
~~(i) Three years old~~	~~12:1~~	24	6469
~~(ii) Four years old and~~			6470
~~five years old who~~			6471
~~are not school~~			6472
~~children~~	~~14:1~~	28	6473
~~(d) School children:~~			6474
~~(i) A child who is~~			6475
~~enrolled in or is~~			6476
~~eligible to be~~			6477
~~enrolled in a grade~~			6478
~~of kindergarten~~			6479
~~or above, but~~			6480
~~is less than~~			6481
~~eleven years old~~	~~18:1~~	36	6482
~~(ii) Eleven through fourteen~~			6483
~~years old~~	~~20:1~~	40	6484

~~Except as otherwise provided in division (E) of this section,~~	6485
~~the maximum number of children per child-care staff member and~~	6486
~~maximum group size requirements of the younger age group shall~~	6487
~~apply when age groups are combined.~~	6488

~~(4)(a) The child day-care center administrator shall show the~~	6489
~~director both of the following:~~	6490

~~(i) Evidence of at least high school graduation or~~	6491
~~certification of high school equivalency by the state board of~~	6492
~~education or the appropriate agency of another state;~~	6493

~~(ii) Evidence of having completed at least two years of~~	6494
~~training in an accredited college, university, or technical~~	6495
~~college, including courses in child development or early childhood~~	6496
~~education, or at least two years of experience in supervising and~~	6497
~~giving daily care to children attending an organized group~~	6498
~~program.~~	6499

~~(b) In addition to the requirements of division (B)(4)(a) of~~	6500
~~this section, any administrator employed or designated on or after~~	6501
~~September 1, 1986, shall show evidence of, and any administrator~~	6502
~~employed or designated prior to September 1, 1986, shall show~~	6503
~~evidence within six years after such date of, at least one of the~~	6504
~~following:~~	6505

~~(i) Two years of experience working as a child-care staff~~	6506
~~member in a center and at least four courses in child development~~	6507
~~or early childhood education from an accredited college,~~	6508
~~university, or technical college, except that a person who has two~~	6509
~~years of experience working as a child-care staff member in a~~	6510
~~particular center and who has been promoted to or designated as~~	6511
~~administrator of that center shall have one year from the time the~~	6512
~~person was promoted to or designated as administrator to complete~~	6513
~~the required four courses;~~	6514

~~(ii) Two years of training, including at least four courses~~	6515
~~in child development or early childhood education from an~~	6516
~~accredited college, university, or technical college;~~	6517

~~(iii) A child development associate credential issued by the~~	6518
~~national child development associate credentialing commission;~~	6519

~~(iv) An associate or higher degree in child development or~~	6520
~~early childhood education from an accredited college, technical~~	6521
~~college, or university, or a license designated for teaching in an~~	6522
~~associate teaching position in a preschool setting issued by the~~	6523
~~state board of education.~~	6524

~~(5) All child-care staff members of a child day-care center~~	6525
~~shall be at least eighteen years of age, and shall furnish the~~	6526
~~director evidence of at least high school graduation or~~	6527
~~certification of high school equivalency by the state board of~~	6528
~~education or the appropriate agency of another state or evidence~~	6529
~~of completion of a training program approved by the department of~~	6530
~~job and family services or state board of education, except as~~	6531
~~follows:~~	6532

~~(a) A child-care staff member may be less than eighteen years~~	6533
~~of age if the staff member is either of the following:~~	6534

~~(i) A graduate of a two-year vocational child-care training~~	6535
~~program approved by the state board of education;~~	6536

~~(ii) A student enrolled in the second year of a vocational~~	6537
~~child-care training program approved by the state board of~~	6538
~~education which leads to high school graduation, provided that the~~	6539
~~student performs the student's duties in the child day-care center~~	6540
~~under the continuous supervision of an experienced child-care~~	6541
~~staff member, receives periodic supervision from the vocational~~	6542
~~child-care training program teacher-coordinator in the student's~~	6543
~~high school, and meets all other requirements of this chapter and~~	6544
~~rules adopted pursuant to this chapter.~~	6545

~~(b) A child-care staff member shall be exempt from the~~	6546
~~educational requirements of this division if the staff member:~~	6547

~~(i) Prior to January 1, 1972, was employed or designated by a~~	6548
~~child day-care center and has been continuously employed since~~	6549
~~either by the same child day-care center employer or at the same~~	6550
~~child day-care center; or~~	6551

~~(ii) Is a student enrolled in the second year of a vocational~~	6552
~~child-care training program approved by the state board of~~	6553
~~education which leads to high school graduation, provided that the~~	6554
~~student performs the student's duties in the child day-care center~~	6555
~~under the continuous supervision of an experienced child-care~~	6556
~~staff member, receives periodic supervision from the vocational~~	6557
~~child-care training program teacher-coordinator in the student's~~	6558
~~high school, and meets all other requirements of this chapter and~~	6559
~~rules adopted pursuant to this chapter.~~	6560

~~(6) Every child care staff member of a child day-care center~~	6561
~~annually shall complete fifteen hours of inservice training in~~	6562
~~child development or early childhood education, child abuse~~	6563
~~recognition and prevention, first aid, and in prevention,~~	6564
~~recognition, and management of communicable diseases, until a~~	6565
~~total of forty-five hours of training has been completed, unless~~	6566
~~the staff member furnishes one of the following to the director:~~	6567

~~(a) Evidence of an associate or higher degree in child~~	6568
~~development or early childhood education from an accredited~~	6569
~~college, university, or technical college;~~	6570

~~(b) A license designated for teaching in an associate~~	6571
~~teaching position in a preschool setting issued by the state board~~	6572
~~of education;~~	6573

~~(c) Evidence of a child development associate credential;~~

6574

~~(d) Evidence of a preprimary credential from the American~~	6575
~~Montessori society or the association Montessori international.~~	6576
~~For the purposes of division (B)(6) of this section, "hour" means~~	6577
~~sixty minutes.~~	6578

~~(7) The administrator of each child day-care center shall~~	6579
~~prepare at least once annually and for each group of children at~~	6580
~~the center a roster of names and telephone numbers of parents,~~	6581
~~custodians, or guardians of each group of children attending the~~	6582
~~center and upon request shall furnish the roster for each group to~~	6583
~~the parents, custodians, or guardians of the children in that~~	6584
~~group. The administrator may prepare a roster of names and~~	6585
~~telephone numbers of all parents, custodians, or guardians of~~	6586
~~children attending the center and upon request shall furnish the~~	6587
~~roster to the parents, custodians, or guardians of the children~~	6588
~~who attend the center. The administrator shall not include in any~~	6589
~~roster the name or telephone number of any parent, custodian, or~~	6590
~~guardian who requests the administrator not to include the~~	6591
~~parent's, custodian's, or guardian's name or number and shall not~~	6592
~~furnish any roster to any person other than a parent, custodian,~~	6593
~~or guardian of a child who attends the center.~~	6594

~~(C)(1) Each child day-care center shall have on the center~~	6595
~~premises and readily available at all times at least one~~	6596
~~child-care staff member who has completed a course in first aid~~	6597
~~and in prevention, recognition, and management of communicable~~	6598
~~diseases which is approved by the state department of health and a~~	6599
~~staff member who has completed a course in child abuse recognition~~	6600
~~and prevention training which is approved by the department of job~~	6601
~~and family services.~~	6602

~~(2) The administrator of each child day-care center shall~~	6603
~~maintain enrollment, health, and attendance records for all~~	6604
~~children attending the center and health and employment records~~	6605
~~for all center employees. The records shall be confidential,~~	6606
~~except as otherwise provided in division (B)(7) of this section~~	6607
~~and except that they shall be disclosed by the administrator to~~	6608
~~the director upon request for the purpose of administering and~~	6609
~~enforcing this chapter and rules adopted pursuant to this chapter.~~	6610
~~Neither the center nor the licensee, administrator, or employees~~	6611
~~of the center shall be civilly or criminally liable in damages or~~	6612
~~otherwise for records disclosed to the director by the~~	6613
~~administrator pursuant to this division. It shall be a defense to~~	6614
~~any civil or criminal charge based upon records disclosed by the~~	6615
~~administrator to the director that the records were disclosed~~	6616
~~pursuant to this division.~~	6617

~~(3)(a) Any parent who is the residential parent and legal~~	6618
~~custodian of a child enrolled in a child day-care center and any~~	6619
~~custodian or guardian of such a child shall be permitted unlimited~~	6620
~~access to the center during its hours of operation for the~~	6621
~~purposes of contacting their children, evaluating the care~~	6622
~~provided by the center, evaluating the premises of the center, or~~	6623
~~for other purposes approved by the director. A parent of a child~~	6624
~~enrolled in a child day-care center who is not the child's~~	6625
~~residential parent shall be permitted unlimited access to the~~	6626
~~center during its hours of operation for those purposes under the~~	6627
~~same terms and conditions under which the residential parent of~~	6628
~~that child is permitted access to the center for those purposes.~~	6629
~~However, the access of the parent who is not the residential~~	6630
~~parent is subject to any agreement between the parents and, to the~~	6631
~~extent described in division (C)(3)(b) of this section, is subject~~	6632
~~to any terms and conditions limiting the right of access of the~~	6633
~~parent who is not the residential parent, as described in division~~	6634
~~(I) of section 3109.051 of the Revised Code, that are contained in~~	6635
~~a parenting time order or decree issued under that section,~~	6636
~~section 3109.12 of the Revised Code, or any other provision of the~~	6637
~~Revised Code.~~	6638

~~(b) If a parent who is the residential parent of a child has~~	6639
~~presented the administrator or the administrator's designee with a~~	6640
~~copy of a parenting time order that limits the terms and~~	6641
~~conditions under which the parent who is not the residential~~	6642
~~parent is to have access to the center, as described in division~~	6643
~~(I) of section 3109.051 of the Revised Code, the parent who is not~~	6644
~~the residential parent shall be provided access to the center only~~	6645
~~to the extent authorized in the order. If the residential parent~~	6646
~~has presented such an order, the parent who is not the residential~~	6647
~~parent shall be permitted access to the center only in accordance~~	6648
~~with the most recent order that has been presented to the~~	6649
~~administrator or the administrator's designee by the residential~~	6650
~~parent or the parent who is not the residential parent.~~	6651

~~(c) Upon entering the premises pursuant to division (C)(3)(a)~~	6652
~~or (b) of this section, the parent who is the residential parent~~	6653
~~and legal custodian, the parent who is not the residential parent,~~	6654
~~or the custodian or guardian shall notify the administrator or the~~	6655
~~administrator's designee of the parent's, custodian's, or~~	6656
~~guardian's presence.~~	6657

~~(D)~~ The director of job and family services, in addition to	6658
the rules adopted under division (A) of this section, shall adopt	6659
rules establishing minimum requirements for ~~child day-care~~	6660
child-care centers. The rules shall include, but not be limited	6661
to, the requirements set forth in ~~divisions (B) and (C) of this~~	6662
~~section~~sections 5104.15 to 5104.20 of the Revised Code. Except as	6663
provided in section ~~5104.07~~5104.014 of the Revised Code, the	6664
rules shall not change the square footage requirements of ~~division~~	6665
~~(B)(1) or (2) of this~~ section 5104.15 or 5104.151 of the Revised	6666
Code; the maximum number of children per child-care staff member	6667
and maximum group size requirements of ~~division (B)(3) of this~~	6668
section 5104.16 of the Revised Code; the educational and	6669
experience requirements of ~~division (B)(4) of this~~ section 5104.17	6670
of the Revised Code; the age, educational, and experience	6671
requirements of ~~division (B)(5) of this~~ section 5104.171 of the	6672
Revised Code; the number of inservice training hours required	6673
under ~~division (B)(6) of this~~ section 5104.172 of the Revised	6674
Code; or the requirement for at least annual preparation of a	6675
roster for each group of children of names and telephone numbers	6676
of parents, custodians, or guardians of each group of children	6677
attending the center that must be furnished upon request to any	6678
parent, custodian, or guardian of any child in that group required	6679
under ~~division (B)(7) of this~~ section; ~~however, the~~5104.18 of the	6680
Revised Code. The rules shall, however, provide procedures for	6681
determining compliance with those requirements.	6682

~~(E)(1) When age groups are combined, the maximum number of~~	6683
~~children per child-care staff member shall be determined by the~~	6684
~~age of the youngest child in the group, except that when no more~~	6685
~~than one child thirty months of age or older receives services in~~	6686
~~a group in which all the other children are in the next older age~~	6687
~~group, the maximum number of children per child-care staff member~~	6688
~~and maximum group size requirements of the older age group~~	6689
~~established under division (B)(3) of this section shall apply.~~	6690

~~(2) The maximum number of toddlers or preschool children per~~	6691
~~child-care staff member in a room where children are napping shall~~	6692
~~be twice the maximum number of children per child-care staff~~	6693
~~member established under division (B)(3) of this section if all~~	6694
~~the following criteria are met:~~	6695

~~(a) At least one child-care staff member is present in the~~	6696
~~room.~~	6697

~~(b) Sufficient child-care staff members are on the child~~	6698
~~day-care center premises to meet the maximum number of children~~	6699
~~per child-care staff member requirements established under~~	6700
~~division (B)(3) of this section.~~	6701

~~(c) Naptime preparations are complete and all napping~~	6702
~~children are resting or sleeping on cots.~~	6703

~~(d) The maximum number established under division (E)(2) of~~	6704
~~this section is in effect for no more than one and one-half hours~~	6705
~~during a twenty-four-hour day.~~	6706

~~(F) The director of job and family services shall adopt rules~~	6707
~~pursuant to Chapter 119. of the Revised Code governing the~~	6708
~~operation of type A family day-care homes, including, but not~~	6709
~~limited to, parent cooperative type A homes, part-time type A~~	6710
~~homes, drop-in type A homes, and school child type A homes, which~~	6711
~~shall reflect the various forms of child care and the needs of~~	6712
~~children receiving child care. The rules shall include the~~	6713
~~following:~~	6714

~~(1) Submission of a site plan and descriptive plan of~~	6715
~~operation to demonstrate how the type A home proposes to meet the~~	6716
~~requirements of this chapter and rules adopted pursuant to this~~	6717
~~chapter for the initial license application;~~	6718

~~(2) Standards for ensuring that the physical surroundings of~~	6719
~~the type A home are safe and sanitary, including, but not limited~~	6720
~~to, the physical environment, the physical plant, and the~~	6721
~~equipment of the type A home;~~	6722

~~(3) Standards for the supervision, care, and discipline of~~	6723
~~children receiving child care or publicly funded child care in the~~	6724
~~type A home;~~	6725

~~(4) Standards for a program of activities, and for play~~	6726
~~equipment, materials, and supplies, to enhance the development of~~	6727
~~each child; however, any educational curricula, philosophies, and~~	6728
~~methodologies that are developmentally appropriate and that~~	6729
~~enhance the social, emotional, intellectual, and physical~~	6730
~~development of each child shall be permissible;~~	6731

~~(5) Admissions policies and procedures, health care policies~~	6732
~~and procedures, including, but not limited to, procedures for the~~	6733
~~isolation of children with communicable diseases, first aid and~~	6734
~~emergency procedures, procedures for discipline and supervision of~~	6735
~~children, standards for the provision of nutritious meals and~~	6736
~~snacks, and procedures for screening children and employees,~~	6737
~~including, but not limited to, any necessary physical examinations~~	6738
~~and immunizations;~~	6739

~~(6) Methods for encouraging parental participation in the~~	6740
~~type A home and methods for ensuring that the rights of children,~~	6741
~~parents, and employees are protected and that the responsibilities~~	6742
~~of parents and employees are met;~~	6743

~~(7) Procedures for ensuring the safety and adequate~~	6744
~~supervision of children traveling off the premises of the type A~~	6745
~~home while under the care of a type A home employee;~~	6746

~~(8) Procedures for record keeping, organization, and~~	6747
~~administration;~~	6748

~~(9) Procedures for issuing, renewing, denying, and revoking a~~	6749
~~license that are not otherwise provided for in Chapter 119. of the~~	6750
~~Revised Code;~~	6751

~~(10) Inspection procedures;~~

6752

~~(11) Procedures and standards for setting initial and renewal~~	6753
~~license application fees;~~	6754

~~(12) Procedures for receiving, recording, and responding to~~	6755
~~complaints about type A homes;~~	6756

~~(13) Procedures for enforcing section 5104.04 of the Revised~~	6757
~~Code;~~	6758

~~(14) A standard requiring the inclusion, on or after July 1,~~	6759
~~1987, of a current department of job and family services toll-free~~	6760
~~telephone number on each type A home provisional license or~~	6761
~~license which any person may use to report a suspected violation~~	6762
~~by the type A home of this chapter or rules adopted pursuant this~~	6763
~~chapter;~~	6764

~~(15) Requirements for the training of administrators and~~	6765
~~child-care staff members in first aid, in prevention, recognition,~~	6766
~~and management of communicable diseases, and in child abuse~~	6767
~~recognition and prevention;~~	6768

~~(16) Procedures to be used by licensees for checking the~~	6769
~~references of potential employees of type A homes and procedures~~	6770
~~to be used by the director for checking the references of~~	6771
~~applicants for licenses to operate type A homes;~~	6772

~~(17) Standards providing for the special needs of children~~	6773
~~who are handicapped or who require treatment for health conditions~~	6774
~~while the child is receiving child care or publicly funded child~~	6775
~~care in the type A home;~~	6776

~~(18) Standards for the maximum number of children per~~	6777
~~child-care staff member;~~	6778

~~(19) Requirements for the amount of usable indoor floor space~~	6779
~~for each child;~~	6780

~~(20) Requirements for safe outdoor play space;~~

6781

~~(21) Qualifications and training requirements for~~	6782
~~administrators and for child-care staff members;~~	6783

~~(22) Procedures for granting a parent who is the residential~~	6784
~~parent and legal custodian, or a custodian or guardian access to~~	6785
~~the type A home during its hours of operation;~~	6786

~~(23) Standards for the preparation and distribution of a~~	6787
~~roster of parents, custodians, and guardians;~~	6788

~~(24) Any other procedures and standards necessary to carry~~	6789
~~out this chapter.~~	6790

~~(G) The director of job and family services shall adopt rules~~	6791
~~pursuant to Chapter 119. of the Revised Code governing the~~	6792
~~certification of type B family day-care homes.~~	6793

~~(1) The rules shall include procedures, standards, and other~~	6794
~~necessary provisions for granting limited certification to type B~~	6795
~~family day-care homes that are operated by the following adult~~	6796
~~providers:~~	6797

~~(a) Persons who provide child care for eligible children who~~	6798
~~are great-grandchildren, grandchildren, nieces, nephews, or~~	6799
~~siblings of the provider or for eligible children whose caretaker~~	6800
~~parent is a grandchild, child, niece, nephew, or sibling of the~~	6801
~~provider;~~	6802

~~(b) Persons who provide child care for eligible children all~~	6803
~~of whom are the children of the same caretaker parent.~~	6804

~~The rules shall require, and shall include procedures for the~~	6805
~~director to ensure, that type B family day-care homes that receive~~	6806
~~a limited certification provide child care to children in a safe~~	6807
~~and sanitary manner. With regard to providers who apply for~~	6808
~~limited certification, a provider shall be granted a provisional~~	6809
~~limited certification on signing a declaration under oath~~	6810
~~attesting that the provider meets the standards for limited~~	6811
~~certification. Such provisional limited certifications shall~~	6812
~~remain in effect for no more than sixty calendar days and shall~~	6813
~~entitle the provider to offer publicly funded child care during~~	6814
~~the provisional period. Except as otherwise provided in division~~	6815
~~(G)(1) of this section, section 5104.013 or 5104.09 of the Revised~~	6816
~~Code, or division (A)(2) of section 5104.11 of the Revised Code,~~	6817
~~prior to the expiration of the provisional limited certificate, a~~	6818
~~county department of job and family services shall inspect the~~	6819
~~home and shall grant limited certification to the provider if the~~	6820
~~provider meets the requirements of this division. Limited~~	6821
~~certificates remain valid for two years unless earlier revoked.~~	6822
~~Except as otherwise provided in division (G)(1) of this section,~~	6823
~~providers operating under limited certification shall be inspected~~	6824
~~annually.~~	6825

~~If a provider is a person described in division (G)(1)(a) of~~	6826
~~this section or a person described in division (G)(1)(b) of this~~	6827
~~section who is a friend of the caretaker parent, the provider and~~	6828
~~the caretaker parent may verify in writing to the county~~	6829
~~department of job and family services that minimum health and~~	6830
~~safety requirements are being met in the home. Except as otherwise~~	6831
~~provided in section 5104.013 or 5104.09 or in division (A)(2) of~~	6832
~~section 5104.11 of the Revised Code, if such verification is~~	6833
~~provided, the county shall waive any inspection required by this~~	6834
~~chapter and grant limited certification to the provider.~~	6835

~~(2) The rules shall provide for safeguarding the health,~~	6836
~~safety, and welfare of children receiving child care or publicly~~	6837
~~funded child care in a certified type B home and shall include the~~	6838
~~following:~~	6839

~~(a) Standards for ensuring that the type B home and the~~	6840
~~physical surroundings of the type B home are safe and sanitary,~~	6841
~~including, but not limited to, physical environment, physical~~	6842
~~plant, and equipment;~~	6843

~~(b) Standards for the supervision, care, and discipline of~~	6844
~~children receiving child care or publicly funded child care in the~~	6845
~~home;~~	6846

~~(c) Standards for a program of activities, and for play~~	6847
~~equipment, materials, and supplies to enhance the development of~~	6848
~~each child; however, any educational curricula, philosophies, and~~	6849
~~methodologies that are developmentally appropriate and that~~	6850
~~enhance the social, emotional, intellectual, and physical~~	6851
~~development of each child shall be permissible;~~	6852

~~(d) Admission policies and procedures, health care, first aid~~	6853
~~and emergency procedures, procedures for the care of sick~~	6854
~~children, procedures for discipline and supervision of children,~~	6855
~~nutritional standards, and procedures for screening children and~~	6856
~~authorized providers, including, but not limited to, any necessary~~	6857
~~physical examinations and immunizations;~~	6858

~~(e) Methods of encouraging parental participation and~~	6859
~~ensuring that the rights of children, parents, and authorized~~	6860
~~providers are protected and the responsibilities of parents and~~	6861
~~authorized providers are met;~~	6862

~~(f) Standards for the safe transport of children when under~~	6863
~~the care of authorized providers;~~	6864

~~(g) Procedures for issuing, renewing, denying, refusing to~~	6865
~~renew, or revoking certificates;~~	6866

~~(h) Procedures for the inspection of type B family day-care~~	6867
~~homes that require, at a minimum, that each type B family day-care~~	6868
~~home be inspected prior to certification to ensure that the home~~	6869
~~is safe and sanitary;~~	6870

~~(i) Procedures for record keeping and evaluation;~~

6871

~~(j) Procedures for receiving, recording, and responding to~~	6872
~~complaints;~~	6873

~~(k) Standards providing for the special needs of children who~~	6874
~~are handicapped or who receive treatment for health conditions~~	6875
~~while the child is receiving child care or publicly funded child~~	6876
~~care in the type B home;~~	6877

~~(l) Requirements for the amount of usable indoor floor space~~	6878
~~for each child;~~	6879

~~(m) Requirements for safe outdoor play space;~~

6880

~~(n) Qualification and training requirements for authorized~~	6881
~~providers;~~	6882

~~(o) Procedures for granting a parent who is the residential~~	6883
~~parent and legal custodian, or a custodian or guardian access to~~	6884
~~the type B home during its hours of operation;~~	6885

~~(p) Any other procedures and standards necessary to carry out~~	6886
~~this chapter.~~	6887

~~(H) The director shall adopt rules pursuant to Chapter 119.~~	6888
~~of the Revised Code governing the certification of in-home aides.~~	6889
~~The rules shall include procedures, standards, and other necessary~~	6890
~~provisions for granting limited certification to in-home aides who~~	6891
~~provide child care for eligible children who are~~	6892
~~great-grandchildren, grandchildren, nieces, nephews, or siblings~~	6893
~~of the in-home aide or for eligible children whose caretaker~~	6894
~~parent is a grandchild, child, niece, nephew, or sibling of the~~	6895
~~in-home aide. The rules shall require, and shall include~~	6896
~~procedures for the director to ensure, that in-home aides that~~	6897
~~receive a limited certification provide child care to children in~~	6898
~~a safe and sanitary manner. The rules shall provide for~~	6899
~~safeguarding the health, safety, and welfare of children receiving~~	6900
~~publicly funded child care in their own home and shall include the~~	6901
~~following:~~	6902

~~(1) Standards for ensuring that the child's home and the~~	6903
~~physical surroundings of the child's home are safe and sanitary,~~	6904
~~including, but not limited to, physical environment, physical~~	6905
~~plant, and equipment;~~	6906

~~(2) Standards for the supervision, care, and discipline of~~	6907
~~children receiving publicly funded child care in their own home;~~	6908

~~(3) Standards for a program of activities, and for play~~	6909
~~equipment, materials, and supplies to enhance the development of~~	6910
~~each child; however, any educational curricula, philosophies, and~~	6911
~~methodologies that are developmentally appropriate and that~~	6912
~~enhance the social, emotional, intellectual, and physical~~	6913
~~development of each child shall be permissible;~~	6914

~~(4) Health care, first aid, and emergency procedures,~~	6915
~~procedures for the care of sick children, procedures for~~	6916
~~discipline and supervision of children, nutritional standards, and~~	6917
~~procedures for screening children and in-home aides, including,~~	6918
~~but not limited to, any necessary physical examinations and~~	6919
~~immunizations;~~	6920

~~(5) Methods of encouraging parental participation and~~	6921
~~ensuring that the rights of children, parents, and in-home aides~~	6922
~~are protected and the responsibilities of parents and in-home~~	6923
~~aides are met;~~	6924

~~(6) Standards for the safe transport of children when under~~	6925
~~the care of in-home aides;~~	6926

~~(7) Procedures for issuing, renewing, denying, refusing to~~	6927
~~renew, or revoking certificates;~~	6928

~~(8) Procedures for inspection of homes of children receiving~~	6929
~~publicly funded child care in their own homes;~~	6930

~~(9) Procedures for record keeping and evaluation;~~

6931

~~(10) Procedures for receiving, recording, and responding to~~	6932
~~complaints;~~	6933

~~(11) Qualifications and training requirements for in-home~~	6934
~~aides;~~	6935

~~(12) Standards providing for the special needs of children~~	6936
~~who are handicapped or who receive treatment for health conditions~~	6937
~~while the child is receiving publicly funded child care in the~~	6938
~~child's own home;~~	6939

~~(13) Any other procedures and standards necessary to carry~~	6940
~~out this chapter.~~	6941

~~(I) To the extent that any rules adopted for the purposes of~~	6942
~~this section require a health care professional to perform a~~	6943
~~physical examination, the rules shall include as a health care~~	6944
~~professional a physician assistant, a clinical nurse specialist, a~~	6945
~~certified nurse practitioner, or a certified nurse-midwife.~~	6946

~~(J)(1) The director of job and family services shall do all~~	6947
~~of the following:~~	6948

~~(a) Send to each licensee notice of proposed rules governing~~	6949
~~the licensure of child day-care centers and type A homes;~~	6950

~~(b) Give public notice of hearings regarding the rules to~~	6951
~~each licensee at least thirty days prior to the date of the public~~	6952
~~hearing, in accordance with section 119.03 of the Revised Code;~~	6953

~~(c) At least thirty days before the effective date of a rule,~~	6954
~~provide, in either paper or electronic form, a copy of the adopted~~	6955
~~rule to each licensee.~~	6956

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

6957

~~(a) Send to each county director of job and family services a~~	6958
~~notice of proposed rules governing the certification of type B~~	6959
~~family homes and in-home aides that includes an internet web site~~	6960
~~address where the proposed rules can be viewed;~~	6961

~~(b) Give public notice of hearings regarding the proposed~~	6962
~~rules not less than thirty days in advance;~~	6963

~~(c) Provide to each county director of job and family~~	6964
~~services an electronic copy of each adopted rule at least~~	6965
~~forty-five days prior to the rule's effective date.~~	6966

~~(3) The county director of job and family services shall send~~	6967
~~copies of proposed rules to each authorized provider and in-home~~	6968
~~aide and shall give public notice of hearings regarding the rules~~	6969
~~to each authorized provider and in-home aide at least thirty days~~	6970
~~prior to the date of the public hearing, in accordance with~~	6971
~~section 119.03 of the Revised Code. At least thirty days before~~	6972
~~the effective date of a rule, the county director of job and~~	6973
~~family services shall provide, in either paper or electronic form,~~	6974
~~copies of the adopted rule to each authorized provider and in-home~~	6975
~~aide.~~	6976

~~(4) Additional copies of proposed and adopted rules shall be~~	6977
~~made available by the director of job and family services to the~~	6978
~~public on request at no charge.~~	6979

~~(5) The director of job and family services shall recommend~~	6980
~~standards for imposing sanctions on persons and entities that are~~	6981
~~licensed or certified under this chapter and that violate any~~	6982
~~provision of this chapter. The standards shall be based on the~~	6983
~~scope and severity of the violations. The director shall provide~~	6984
~~copies of the recommendations to the governor, the speaker and~~	6985
~~minority leader of the house of representatives, and the president~~	6986
~~and minority leader of the senate and, on request, shall make~~	6987
~~copies available to the public.~~	6988

~~(6) The director of job and family services shall adopt rules~~	6989
~~pursuant to Chapter 119. of the Revised Code that establish~~	6990
~~standards for the training of individuals whom any county~~	6991
~~department of job and family services employs, with whom any~~	6992
~~county department of job and family services contracts, or with~~	6993
~~whom the director of job and family services contracts, to inspect~~	6994
~~or investigate type B family day-care homes pursuant to section~~	6995
~~5104.11 of the Revised Code. The department shall provide training~~	6996
~~in accordance with those standards for individuals in the~~	6997
~~categories described in this division.~~	6998

~~(K) The director of job and family services shall review all~~	6999
~~rules adopted pursuant to this chapter at least once every seven~~	7000
~~years.~~	7001

~~(L) Notwithstanding any provision of the Revised Code, the~~	7002
~~director of job and family services shall not regulate in any way~~	7003
~~under this chapter or rules adopted pursuant to this chapter,~~	7004
~~instruction in religious or moral doctrines, beliefs, or values.~~	7005

~~Sec. 5104.014.~~ Sec. 5104.012. The director of job and family	7006
services shall adopt rules in accordance with Chapter 119. of the	7007
Revised Code to provide for the licensing of ~~child day-care~~	7008
child-care centers for children with short-term illnesses and	7009
other temporary medical conditions.	7010

Sec. 5104.013. The director of job and family services shall	7011
adopt rules pursuant to Chapter 119. of the Revised Code governing	7012
the operation of type A family child-care homes, including, but	7013
not limited to, parent cooperative type A homes, part-time type A	7014
homes, drop-in type A homes, and school child type A homes, which	7015
shall reflect the various forms of child care and the needs of	7016
children receiving child care. The rules shall include the	7017
following:	7018

(A) Submission of a site plan and descriptive plan of	7019
operation to demonstrate how the type A home proposes to meet the	7020
requirements of this chapter and rules adopted pursuant to this	7021
chapter for the initial license application;	7022

(B) Standards for ensuring that the physical surroundings of	7023
the type A home are safe and sanitary, including, but not limited	7024
to, the physical environment, the physical plant, and the	7025
equipment of the type A home;	7026

(C) Standards for the supervision, care, and discipline of	7027
children receiving child care or publicly funded child care in the	7028
type A home;	7029

(D) Standards for a program of activities, and for play	7030
equipment, materials, and supplies, to enhance the development of	7031
each child; however, any educational curricula, philosophies, and	7032
methodologies that are developmentally appropriate and that	7033
enhance the social, emotional, intellectual, and physical	7034
development of each child shall be permissible;	7035

(E) Admissions policies and procedures, health care policies	7036
and procedures, including, but not limited to, procedures for the	7037
isolation of children with communicable diseases, first aid and	7038
emergency procedures, procedures for discipline and supervision of	7039
children, standards for the provision of nutritious meals and	7040
snacks, and procedures for screening children and employees,	7041
including, but not limited to, any necessary physical examinations	7042
and immunizations;	7043

(F) Methods for encouraging parental participation in the	7044
type A home and methods for ensuring that the rights of children,	7045
parents, and employees are protected and that the responsibilities	7046
of parents and employees are met;	7047

(G) Procedures for ensuring the safety and adequate	7048
supervision of children traveling off the premises of the type A	7049
home while under the care of a type A home employee;	7050

(H) Procedures for record keeping, organization, and	7051
administration;	7052

(I) Procedures for issuing, renewing, denying, and revoking a	7053
license that are not otherwise provided for in Chapter 119. of the	7054
Revised Code;	7055

(J) Inspection procedures;

7056

(K) Procedures and standards for setting initial and renewal	7057
license application fees;	7058

(L) Procedures for receiving, recording, and responding to	7059
complaints about type A homes;	7060

(M) Procedures for enforcing section 5104.04 of the Revised	7061
Code;	7062

(N) A standard requiring the inclusion, on or after July 1,	7063
1987, of a current department of job and family services toll-free	7064
telephone number on each type A home provisional license or	7065
license which any person may use to report a suspected violation	7066
by the type A home of this chapter or rules adopted pursuant this	7067
chapter;	7068

(O) Requirements for the training of administrators and	7069
child-care staff members in first aid, in prevention, recognition,	7070
and management of communicable diseases, and in child abuse	7071
recognition and prevention;	7072

(P) Procedures to be used by licensees for checking the	7073
references of potential employees of type A homes and procedures	7074
to be used by the director for checking the references of	7075
applicants for licenses to operate type A homes;	7076

(Q) Standards providing for the special needs of children who	7077
are handicapped or who require treatment for health conditions	7078
while the child is receiving child care or publicly funded child	7079
care in the type A home;	7080

(R) Standards for the maximum number of children per	7081
child-care staff member;	7082

(S) Requirements for the amount of usable indoor floor space	7083
for each child;	7084

(T) Requirements for safe outdoor play space;

7085

(U) Qualifications and training requirements for	7086
administrators and for child-care staff members;	7087

(V) Procedures for granting a parent who is the residential	7088
parent and legal custodian, or a custodian or guardian, access to	7089
the type A home during its hours of operation;	7090

(W) Standards for the preparation and distribution of a	7091
roster of parents, custodians, and guardians;	7092

(X) Any other procedures and standards necessary to carry out	7093
this chapter regarding type A homes.	7094

Sec. 5104.014. The director of job and family services may	7095
prescribe additional requirements for licensing child-care centers	7096
and type A family child-care homes that provide publicly funded	7097
child care pursuant to this chapter and any rules adopted under	7098
it. The director shall develop standards as required by federal	7099
laws and regulations for child-care programs supported by federal	7100
funds.	7101

Sec. 5104.015. The director of job and family services shall	7102
adopt rules pursuant to Chapter 119. of the Revised Code governing	7103
the licensure of type B family child-care homes that are required	7104
by section 5104.02 of the Revised Code to be licensed, including	7105
part-time licensed type B homes.	7106

The rules shall be no more stringent than the rules governing	7107
the certification of type B family child-care homes. The rules	7108
shall provide for safeguarding the health, safety, and welfare of	7109
children receiving child care or publicly funded child care in a	7110
licensed type B home and shall include the following:	7111

(A) Standards for ensuring that the type B home and the	7112
physical surroundings of the type B home are safe and sanitary,	7113
including, but not limited to, physical environment, physical	7114
plant, and equipment;	7115

(B) Standards for the supervision, care, and discipline of	7116
children receiving child care or publicly funded child care in the	7117
home;	7118

(C) Standards for a program of activities, and for play	7119
equipment, materials, and supplies to enhance the development of	7120
each child; however, any educational curricula, philosophies, and	7121
methodologies that are developmentally appropriate and that	7122
enhance the social, emotional, intellectual, and physical	7123
development of each child shall be permissible;	7124

(D) Admission policies and procedures, health care, first aid	7125
and emergency procedures, procedures for the care of sick	7126
children, procedures for discipline and supervision of children,	7127
nutritional standards, and procedures for screening children and	7128
licensed providers, including, but not limited to, any necessary	7129
physical examinations and immunizations;	7130

(E) Methods of encouraging parental participation and	7131
ensuring that the rights of children, parents, and licensed	7132
providers are protected and the responsibilities of parents and	7133
licensed providers are met;	7134

(F) Standards for the safe transport of children when under	7135
the care of licensed providers;	7136

(G) Procedures for issuing, renewing, denying, and revoking a	7137
license that are not otherwise provided for in Chapter 119. of the	7138
Revised Code;	7139

(H) Inspection procedures;

7140

(I) Procedures and standards for setting initial and renewal	7141
license application fees;	7142

(J) Procedures for receiving, recording, and responding to	7143
complaints about type B homes;	7144

(K) A standard requiring the inclusion of a current	7145
department of job and family services toll-free telephone number	7146
on each type B home provisional license or license which any	7147
person may use to report a suspected violation by the type B home	7148
of this chapter or rules adopted pursuant this chapter;	7149

(L) Procedures for enforcing section 5104.04 of the Revised	7150
Code;	7151

(M) Procedures for record keeping and evaluation;

7152

(N) Standards providing for the special needs of children who	7153
are handicapped or who receive treatment for health conditions	7154
while the child is receiving child care or publicly funded child	7155
care in the type B home;	7156

(O) Requirements for the amount of usable indoor floor space	7157
for each child;	7158

(P) Requirements for safe outdoor play space;

7159

(Q) Qualification and training requirements for licensed	7160
providers;	7161

(R) Procedures for granting a parent who is the residential	7162
parent and legal custodian, or a custodian or guardian access to	7163
the type B home during its hours of operation;	7164

(S) Any other procedures and standards necessary to carry out	7165
this chapter regarding licensed type B homes.	7166

Sec. 5104.016. The director of job and family services shall	7167
adopt rules pursuant to Chapter 119. of the Revised Code governing	7168
the certification of type B family child-care homes that seek	7169
certification pursuant to section 5104.11 of the Revised Code. The	7170
rules shall provide for safeguarding the health, safety, and	7171
welfare of children receiving child care or publicly funded child	7172
care in a certified type B home and shall include the following:	7173

(A) Standards for ensuring that the type B home and the	7174
physical surroundings of the type B home are safe and sanitary,	7175
including, but not limited to, physical environment, physical	7176
plant, and equipment;	7177

(B) Standards for the supervision, care, and discipline of	7178
children receiving child care or publicly funded child care in the	7179
home;	7180

(C) Standards for a program of activities, and for play	7181
equipment, materials, and supplies to enhance the development of	7182
each child; however, any educational curricula, philosophies, and	7183
methodologies that are developmentally appropriate and that	7184
enhance the social, emotional, intellectual, and physical	7185
development of each child shall be permissible;	7186

(D) Admission policies and procedures, health care, first aid	7187
and emergency procedures, procedures for the care of sick	7188
children, procedures for discipline and supervision of children,	7189
nutritional standards, and procedures for screening children and	7190
certified providers, including, but not limited to, any necessary	7191
physical examinations and immunizations;	7192

(E) Methods of encouraging parental participation and	7193
ensuring that the rights of children, parents, and certified	7194
providers are protected and the responsibilities of parents and	7195
certified providers are met;	7196

(F) Standards for the safe transport of children when under	7197
the care of certified providers;	7198

(G) Procedures for issuing, renewing, denying, refusing to	7199
renew, or revoking certificates;	7200

(H) Procedures for the inspection of type B homes that	7201
require, at a minimum, that each type B home be inspected prior to	7202
certification to ensure that the home is safe and sanitary;	7203

(I) Procedures for record keeping and evaluation;

7204

(J) Procedures for receiving, recording, and responding to	7205
complaints;	7206

(K) Standards providing for the special needs of children who	7207
are handicapped or who receive treatment for health conditions	7208
while the child is receiving child care or publicly funded child	7209
care in the type B home;	7210

(L) Requirements for the amount of usable indoor floor space	7211
for each child;	7212

(M) Requirements for safe outdoor play space;

7213

(N) Qualification and training requirements for certified	7214
providers;	7215

(O) Procedures for granting a parent who is the residential	7216
parent and legal custodian, or a custodian or guardian access to	7217
the type B home during its hours of operation;	7218

(P) Any other procedures and standards necessary to carry out	7219
this chapter regarding certified type B homes.	7220

Sec. 5104.017. The director of job and family services shall	7221
adopt rules pursuant to Chapter 119. of the Revised Code that	7222
establish standards for the training of individuals whom any	7223
county department of job and family services employs, with whom	7224
any county department of job and family services contracts, or	7225
with whom the director of job and family services contracts, to	7226
inspect or investigate type B family child-care homes pursuant to	7227
section 5104.11 of the Revised Code. The department shall provide	7228
training in accordance with those standards for individuals in the	7229
categories described in this section.	7230

~~Sec. 5104.052.~~ Sec. 5104.018. The director of job and family	7231
services, in cooperation with the fire marshal pursuant to section	7232
3737.22 of the Revised Code, shall promulgate rules regarding fire	7233
prevention and fire safety in licensed type B family child-care	7234
homes and certified type B family ~~day-care~~child-care homes.	7235

Sec. 5104.019. The director of job and family services, in	7236
consultation with the director of health, shall adopt rules in	7237
accordance with Chapter 119. of the Revised Code to implement the	7238
requirements of section 5104.14 of the Revised Code. The rules may	7239
prohibit smoking in a child-care center, type A family child-care	7240
home, certified type B family child-care home, or licensed type B	7241
family child-care home if its design and structure do not allow	7242
persons to smoke under the conditions described in division (C) of	7243
section 5104.14 of the Revised Code or if repeated violations of	7244
division (A) or (B) of that section have occurred there.	7245

Sec. 5104.0110. The director of job and family services	7246
shall adopt rules pursuant to Chapter 119. of the Revised Code	7247
governing the certification of in-home aides. The rules shall	7248
include procedures, standards, and other necessary provisions for	7249
granting limited certification to in-home aides who provide child	7250
care for eligible children who are great-grandchildren,	7251
grandchildren, nieces, nephews, or siblings of the in-home aide or	7252
for eligible children whose caretaker parent is a grandchild,	7253
child, niece, nephew, or sibling of the in-home aide. The rules	7254
shall require, and shall include procedures for the director to	7255
ensure, that in-home aides that receive a limited certification	7256
provide child care to children in a safe and sanitary manner. The	7257
rules shall provide for safeguarding the health, safety, and	7258
welfare of children receiving publicly funded child care in their	7259
own home and shall include the following:	7260

(A) Standards for ensuring that the child's home and the	7261
physical surroundings of the child's home are safe and sanitary,	7262
including, but not limited to, physical environment, physical	7263
plant, and equipment;	7264

(B) Standards for the supervision, care, and discipline of	7265
children receiving publicly funded child care in their own home;	7266

(C) Standards for a program of activities, and for play	7267
equipment, materials, and supplies to enhance the development of	7268
each child; however, any educational curricula, philosophies, and	7269
methodologies that are developmentally appropriate and that	7270
enhance the social, emotional, intellectual, and physical	7271
development of each child shall be permissible;	7272

(D) Health care, first aid, and emergency procedures,	7273
procedures for the care of sick children, procedures for	7274
discipline and supervision of children, nutritional standards, and	7275
procedures for screening children and in-home aides, including,	7276
but not limited to, any necessary physical examinations and	7277
immunizations;	7278

(E) Methods of encouraging parental participation and	7279
ensuring that the rights of children, parents, and in-home aides	7280
are protected and the responsibilities of parents and in-home	7281
aides are met;	7282

(F) Standards for the safe transport of children when under	7283
the care of in-home aides;	7284

(G) Procedures for issuing, renewing, denying, refusing to	7285
renew, or revoking certificates;	7286

(H) Procedures for inspection of homes of children receiving	7287
publicly funded child care in their own homes;	7288

(I) Procedures for record keeping and evaluation;

7289

(J) Procedures for receiving, recording, and responding to	7290
complaints;	7291

(K) Qualifications and training requirements for in-home	7292
aides;	7293

(L) Standards providing for the special needs of children who	7294
are handicapped or who receive treatment for health conditions	7295
while the child is receiving publicly funded child care in the	7296
child's own home;	7297

(M) Any other procedures and standards necessary to carry out	7298
this chapter regarding in-home aides.	7299

Sec. 5104.0111. The director of job and family services	7300
shall adopt rules in accordance with Chapter 119. of the Revised	7301
Code to implement sections 5104.09 through 5104.0913 of the	7302
Revised Code, including rules that establish rehabilitation	7303
standards for the purpose of sections 5104.09, 5104.091, and	7304
5104.092 of the Revised Code.	7305

Sec. 5104.0112. To the extent that any rules adopted for the	7306
purposes of sections 5104.011 to 5104.0110 of the Revised Code	7307
require a health care professional to perform a physical	7308
examination, the rules shall include as a health care professional	7309
a physician assistant, a clinical nurse specialist, a certified	7310
nurse practitioner, or a certified nurse-midwife.	7311

Sec. 5104.0113. Notwithstanding any provision of the Revised	7312
Code, the director of job and family services shall not regulate	7313
in any way under this chapter or rules adopted pursuant to this	7314
chapter, instruction in religious or moral doctrines, beliefs, or	7315
values.	7316

Sec. 5104.0114. The director of job and family services	7317
shall do all of the following:	7318

(A) Make proposed rules governing the licensure of child-care	7319
centers, type A family child-care homes, and type B family	7320
child-care homes available to each licensee;	7321

(B) Give public notice of hearings regarding the rules to	7322
each licensee at least thirty days prior to the date of the public	7323
hearing, in accordance with section 119.03 of the Revised Code;	7324

(C) At least thirty days before the effective date of a rule,	7325
provide, in electronic form, a copy of the adopted rule to each	7326
licensee.	7327

Sec. 5104.0115. (A) The director of job and family services	7328
shall do all of the following:	7329

(1) Send to each county director of job and family services a	7330
notice of proposed rules governing the certification of type B	7331
family child-care homes and in-home aides that includes an	7332
internet web site address where the proposed rules can be viewed;	7333

(2) Give public notice of hearings regarding the proposed	7334
rules not less than thirty days in advance;	7335

(3) Provide to each county director of job and family	7336
services an electronic copy of each adopted rule at least	7337
forty-five days prior to the rule's effective date.	7338

(B) Each county director of job and family services shall	7339
send copies of proposed rules to each certified provider and	7340
in-home aide located in the county that the county director serves	7341
and shall give public notice of hearings regarding the rules to	7342
each certified provider and in-home aide located in the county	7343
that the county director serves at least thirty days prior to the	7344
date of the public hearing, in accordance with section 119.03 of	7345
the Revised Code. At least thirty days before the effective date	7346
of a rule, each county director of job and family services shall	7347
provide, in either paper or electronic form, copies of the adopted	7348
rule to each certified provider and in-home aide located in the	7349
county that the county director serves.	7350

Sec. 5104.0116. The director of job and family services	7351
shall provide copies of rules proposed and adopted under sections	7352
5104.011 to 5104.0111 of the Revised Code to the public on request	7353
at no charge.	7354

Sec. 5104.0117. The director of job and family services	7355
shall review all rules adopted pursuant to this chapter at least	7356
once every seven years.	7357

Sec. 5104.02. Except as provided in sections 5104.021 and	7358
5104.022 of the Revised Code, no person or government entity shall	7359
do any of the following:	7360

(A) Operate a child-care center, including a head start	7361
program, without a valid child-care center license or provisional	7362
license issued under section 5104.03 of the Revised Code.	7363

(B) Operate a type A family child-care home without a valid	7364
type A family child-care home license or provisional license	7365
issued under section 5104.03 of the Revised Code.	7366

(C) Operate, on or after three years after the effective date	7367
of this section, a type B family child-care home without a valid	7368
type B family child-care home license or provisional license	7369
issued under section 5104.03 of the Revised Code if child care is	7370
provided for three to six children at one time at the type B home.	7371

~~Sec. 5104.02.~~ Sec. 5104.021. ~~(A) The director of job and family~~	7372
~~services is responsible for the licensing of child day-care~~	7373
~~centers and type A family day-care homes. Each entity operating a~~	7374
~~head start program shall meet the criteria for, and be licensed~~	7375
~~as, a child day-care center. The director is responsible for the~~	7376
~~enforcement of this chapter and of rules promulgated pursuant to~~	7377
~~this chapter.~~	7378

~~No person, firm, organization, institution, or agency shall~~	7379
~~operate, establish, manage, conduct, or maintain a child day-care~~	7380
~~center or type A family day-care home without a license issued~~	7381
~~under section 5104.03 of the Revised Code. The current license~~	7382
~~shall be posted in a conspicuous place in the center or type A~~	7383
~~home that is accessible to parents, custodians, or guardians and~~	7384
~~employees of the center or type A home at all times when the~~	7385
~~center or type A home is in operation.~~	7386

~~(B) A person, firm, institution, organization, or agency~~	7387
~~operating any of the following programs is exempt from the~~	7388
~~requirements of this chapter~~Section 5104.02 of the Revised Code	7389
does not apply to any of the following:	7390

~~(1)~~(A) A program of child care that operates for two or less	7391
consecutive weeks;	7392

~~(2)~~(B) Child care in places of worship during religious	7393
activities during which children are cared for while at least one	7394
parent, guardian, or custodian of each child is participating in	7395
such activities and is readily available;	7396

~~(3)~~(C) Religious activities which do not provide child care;

7397

~~(4)~~(D) Supervised training, instruction, or activities of	7398
children in specific areas, including, but not limited to: art;	7399
drama; dance; music; gymnastics, swimming, or another athletic	7400
skill or sport; computers; or an educational subject conducted on	7401
an organized or periodic basis no more than one day a week and for	7402
no more than six hours duration;	7403

~~(5)~~(E) Programs in which the director determines that at	7404
least one parent, custodian, or guardian of each child is on the	7405
premises of the facility offering child care and is readily	7406
accessible at all times, except that child care provided on the	7407
premises at which a parent, custodian, or guardian is employed	7408
more than two and one-half hours a day ~~shall be licensed in~~	7409
~~accordance with division (A) of this~~is subject to section 5104.02	7410
of the Revised Code;	7411

~~(6)(a)~~(F)(1) Programs that provide child care funded and	7412
regulated or operated and regulated by state departments other	7413
than the department of job and family services or the state board	7414
of education when the director of job and family services has	7415
determined that the rules governing the program are equivalent to	7416
or exceed the rules promulgated pursuant to this chapter.	7417

Notwithstanding ~~any exemption from regulation under this~~	7418
~~chapter~~the previous paragraph, each state department shall submit	7419
to the director of job and family services a copy of the rules	7420
that govern programs that provide child care and are regulated or	7421
operated and regulated by the department. Annually, each state	7422
department shall submit to the director a report for each such	7423
program it regulates or operates and regulates that includes the	7424
following information:	7425

~~(i)~~(a) The site location of the program;

7426

~~(ii)~~(b) The maximum number of infants, toddlers, preschool	7427
children, or school children served by the program at one time;	7428

~~(iii)~~(c) The number of adults providing child care for the	7429
number of infants, toddlers, preschool children, or school	7430
children;	7431

~~(iv)~~(d) Any changes in the rules made subsequent to the time	7432
when the rules were initially submitted to the director.	7433

The director shall maintain a record of the child care	7434
information submitted by other state departments and shall provide	7435
this information upon request to the general assembly or the	7436
public.	7437

~~(b)~~(2) Child care programs conducted by boards of education	7438
or by chartered nonpublic schools that are conducted in school	7439
buildings and that provide child care to school children only	7440
shall be exempt from meeting or exceeding rules promulgated	7441
pursuant to this chapter.	7442

~~(7)~~(G) Any preschool program or school child program, except	7443
a head start program, that is subject to licensure by the	7444
department of education under sections 3301.52 to 3301.59 of the	7445
Revised Code.	7446

~~(8)~~(H) Any program providing child care that meets all of the	7447
following requirements and, on October 20, 1987, was being	7448
operated by a nonpublic school that holds a charter issued by the	7449
state board of education for kindergarten only:	7450

~~(a)~~(1) The nonpublic school has given the notice to the state	7451
board and the director of job and family services required by	7452
Section 4 of Substitute House Bill No. 253 of the 117th general	7453
assembly;	7454

~~(b)~~(2) The nonpublic school continues to be chartered by the	7455
state board for kindergarten, or receives and continues to hold a	7456
charter from the state board for kindergarten through grade five;	7457

~~(c)~~(3) The program is conducted in a school building;

7458

~~(d)~~(4) The program is operated in accordance with rules	7459
promulgated by the state board under sections 3301.52 to 3301.57	7460
of the Revised Code.	7461

~~(9)~~(I) A youth development program operated outside of school	7462
hours by a community-based center to which all of the following	7463
apply:	7464

~~(a)~~(1) The children enrolled in the program are under	7465
nineteen years of age and enrolled in or eligible to be enrolled	7466
in a grade of kindergarten or above.	7467

~~(b)~~(2) The program provides informal child care and at least	7468
two of the following supervised activities: educational,	7469
recreational, culturally enriching, social, and personal	7470
development activities.	7471

~~(c)~~(3) The state board of education has approved the	7472
program's participation in the child and adult care food program	7473
as an outside-school-hours care center pursuant to standards	7474
established under section 3313.813 of the Revised Code.	7475

~~(d)~~(4) The community-based center operating the program is	7476
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)	7477
and (c)(3).	7478

Sec. 5104.022. A person may provide child care to three to	7479
six children at one time in a type B family child-care home	7480
without a license or provisional license issued under section	7481
5104.03 of the Revised Code if any of the following apply:	7482

(A) The person is under eighteen years of age;

7483

(B) The person does not charge for providing the child care;

7484

(C) The person provides child care for less than ten hours	7485
per week and less than four weeks per year.	7486

~~Sec. 5104.021.~~ Sec. 5104.023. The director of job and family	7487
services may not issue a ~~child day-care~~child-care center or, type	7488
A family ~~day-care~~child-care home, or type B family child-care	7489
home license to a youth development program that ~~is exempted by~~	7490
division ~~(B)(9)~~(I) of section ~~5104.02~~5104.021 of the Revised Code	7491
~~from the requirements of this chapter~~exempts from the prohibition	7492
of section 5104.02 of the Revised Code.	7493

Sec. 5104.024. For the purpose of determining whether a	7494
facility or residence in which child care is provided is a child	7495
care center or type A family child care home as defined in section	7496
5104.01 of the Revised Code, both of the following shall be	7497
counted:	7498

(A) Children under six years of age who are on the premises	7499
of the facility or residence and related to the owner,	7500
administrator, or an employee of the facility or residence;	7501

(B) Children under fifteen years of age who are on the	7502
premises of the facility or residence and to whom the owner,	7503
administrator, or an employee of the facility or residence	7504
provides child care, foster care, or other type of care for	7505
remuneration paid by a person or government entity.	7506

Sec. 5104.025. For the purpose of determining whether a	7507
residence in which child care is provided is a type B family child	7508
care home as defined in section 5104.01 of the Revised Code, both	7509
of the following shall be counted:	7510

(A) Children under six years of age who are on the premises	7511
of the residence and related to the individual responsible for the	7512
daily operation of the child care provided at the residence;	7513

(B) Children under fifteen years of age who are on the	7514
premises of the residence and to whom the individual responsible	7515
for child care provided at the residence provides child care,	7516
foster care, or other type of care for remuneration paid by a	7517
person or government entity.	7518

Sec. 5104.03. (A) Any person~~, firm, organization,~~	7519
~~institution,~~ or ~~agency~~government entity desiring to ~~establish~~	7520
operate a ~~child day-care~~child-care center ~~or type A family~~	7521
~~day-care home~~ shall apply ~~for a license~~ to the director of job and	7522
family services ~~on such form as the director prescribes~~for a	7523
child-care center license. ~~The~~Any person desiring to operate a	7524
type A family child-care home shall apply to the director for a	7525
type A home license. Any person desiring to operate a type B	7526
family child-care home that may not be operated without a license	7527
shall apply to the director for a type B home license. Application	7528
shall be made on a form the director prescribes.	7529

The director shall provide at no charge to each applicant for	7530
licensure a copy of the applicable child care license requirements	7531
in Chapter 5104. of the Revised Code and of the rules adopted	7532
pursuant to Chapter 5104. of the Revised Code. The director shall	7533
mail application forms for renewal of license at least one hundred	7534
twenty days prior to the date of expiration of the license, and	7535
the application for renewal shall be filed with the director at	7536
least sixty days before the date of expiration. Fees shall be set	7537
by the director pursuant to ~~section~~sections 5104.011, 5104.013,	7538
and 5104.015 of the Revised Code and shall be paid at the time of	7539
application for or renewal of a license to operate a center or,	7540
type A home, or type B home. Fees collected under this section	7541
shall be paid into the state treasury to the credit of the general	7542
revenue fund.	7543

(B) Upon filing of the application for a license, the	7544
director shall investigate and inspect the center or, type A home,	7545
or type B home to determine the license capacity for each age	7546
category of children of the center or, type A home, or type B home	7547
and to determine whether the center or, type A home, or type B	7548
home complies with Chapter 5104. of the Revised Code and rules	7549
adopted pursuant to Chapter 5104. of the Revised Code. When, after	7550
investigation and inspection, the director is satisfied that	7551
Chapter 5104. of the Revised Code and rules adopted pursuant to	7552
Chapter 5104. of the Revised Code are complied with, subject to	7553
division (G) of this section, a provisional license shall be	7554
issued as soon as practicable in such form and manner as	7555
prescribed by the director. The provisional license shall be valid	7556
for six months from the date of issuance unless revoked.	7557

(C) The director shall investigate and inspect the center or,	7558
type A home, or type B home at least once during operation under	7559
the provisional license. If after the investigation and inspection	7560
the director determines that the requirements of Chapter 5104. of	7561
the Revised Code and rules adopted pursuant to Chapter 5104. of	7562
the Revised Code are met, subject to division (G) of this section,	7563
the director shall issue a license to be effective for two years	7564
from the date of issuance of the provisional license.	7565

(D) Upon the filing of an application for renewal of a	7566
license by the center or, type A home, or type B home, the	7567
director shall investigate and inspect the center or, type A home,	7568
or type B home. If the director determines that the requirements	7569
of Chapter 5104. and rules adopted pursuant to Chapter 5104. of	7570
the Revised Code are met, subject to division (G) of this section,	7571
the director shall renew the license to be effective for two years	7572
from the expiration date of the previous license.	7573

(E) The license or provisional license shall state the name	7574
of the licensee, the name of the administrator, the address of the	7575
center or, type A home, or type B home, and the license capacity	7576
for each age category of children. After July 1, 1987, the	7577
provisional license or license shall include thereon, in	7578
accordance with ~~section~~rules adopted under sections 5104.011,	7579
5104.013, and 5104.015 of the Revised Code, the toll-free	7580
telephone number to be used by persons suspecting that the center	7581
or, type A home, or type B home has violated a provision of	7582
Chapter 5104., or rules adopted pursuant to Chapter 5104. of the	7583
Revised Code. A license or provisional license is valid only for	7584
the licensee, administrator, address, and license capacity for	7585
each age category of children designated on the license. The	7586
license capacity specified on the license or provisional license	7587
is the maximum number of children in each age category that may be	7588
cared for in the center or, type A home, or type B home at one	7589
time.	7590

The center or type A home licensee shall notify the director	7591
when the administrator of the center or type A home changes. The	7592
director shall amend the current license or provisional license to	7593
reflect a change in an administrator, if the administrator meets	7594
the requirements of Chapter 5104. of the Revised Code and rules	7595
adopted pursuant to Chapter 5104. of the Revised Code, or a change	7596
in license capacity for any age category of children as determined	7597
by the director of job and family services.	7598

(F) If the director revokes a license or refuses to renew a	7599
license to a center or, a type A home, or a type B home, the	7600
director shall not issue a license to the owner of the center or,	7601
type A home, or type B home within two years from the date of the	7602
revocation of a license or refusal to renew a license. If during	7603
the application for licensure or renewal of licensure process the	7604
director determines that the license of the owner has been revoked	7605
or renewal of licensure has been denied, the investigation of the	7606
center or, type A home, or type B home shall cease, and shall not	7607
constitute denial of the application. All actions of the director	7608
with respect to licensing centers or, type A homes, or type B	7609
homes, renewing a license, refusal to license or renew a license,	7610
and revocation of a license shall be in accordance with Chapter	7611
119. of the Revised Code. Any applicant who is denied a license or	7612
any owner whose license is not renewed or is revoked may appeal in	7613
accordance with section 119.12 of the Revised Code.	7614

(G) In no case shall the director issue a provisional license	7615
or license, or renew a license, under this section for a center,	7616
type A home, or ~~center~~type B home if the director, based on	7617
documentation provided by the appropriate county department of job	7618
and family services, determines that the applicant previously had	7619
been certified as a type B family ~~day-care~~child-care home, that	7620
the county department revoked that certification, that the	7621
revocation was based on the applicant's refusal or inability to	7622
comply with the criteria for certification, and that the refusal	7623
or inability resulted in a risk to the health or safety of	7624
children.	7625

Sec. 5104.031. The licensee of each child care center, type	7626
A family child-care home, and licensed type B family child-care	7627
home shall post the current license of the center, type A home, or	7628
type B home in a conspicuous place in the center, type A home, or	7629
type B home that is accessible to parents, custodians, and	7630
guardians of children who receive child care at the center, type A	7631
home, or type B home and employees of the center or type A home at	7632
all times when child care is provided at the center, type A home,	7633
or type B home.	7634

Sec. 5104.04. (A) The department of job and family services	7635
shall establish procedures to be followed in investigating,	7636
inspecting, and licensing ~~child day-care~~child-care centers ~~and~~,	7637
type A family ~~day-care~~child-care homes, and type B family	7638
child-care homes.	7639

(B)(1)(a) The department shall, at least twice during every	7640
twelve-month period of operation of a center or, type A home, or	7641
licensed type B home inspect the center or, type A home, or	7642
licensed type B home. The department shall inspect a part-time	7643
center or, part-time type A home, or part-time licensed type B	7644
home at least once during every twelve-month period of operation.	7645
The department shall provide a written inspection report to the	7646
licensee within a reasonable time after each inspection. The	7647
licensee shall display all written reports of inspections	7648
conducted during the current licensing period in a conspicuous	7649
place in the center or, type A home, or licensed type B home.	7650

At least one inspection shall be unannounced and all	7651
inspections may be unannounced. No person, firm, organization,	7652
institution, or agency shall interfere with the inspection of a	7653
center or, type A home, or licensed type B home by any state or	7654
local official engaged in performing duties required of the state	7655
or local official by Chapter 5104. of the Revised Code or rules	7656
adopted pursuant to Chapter 5104. of the Revised Code, including	7657
inspecting the center or, type A home, or licensed type B home,	7658
reviewing records, or interviewing licensees, employees, children,	7659
or parents.	7660

(b) Upon receipt of any complaint that a center or, type A	7661
home, or licensed type B home is out of compliance with the	7662
requirements of Chapter 5104. of the Revised Code or rules adopted	7663
pursuant to Chapter 5104. of the Revised Code, the department	7664
shall investigate the center or home, and both of the following	7665
apply:	7666

(i) If the complaint alleges that a child suffered physical	7667
harm while receiving child care at the center or home or that the	7668
noncompliance alleged in the complaint involved, resulted in, or	7669
poses a substantial risk of physical harm to a child receiving	7670
child care at the center or home, the department shall inspect the	7671
center or home.	7672

(ii) If division (B)(1)(b)(i) of this section does not apply	7673
regarding the complaint, the department may inspect the center or	7674
home.	7675

(c) Division (B)(1)(b) of this section does not limit,	7676
restrict, or negate any duty of the department to inspect a center	7677
or, type A home, or licensed type B home that otherwise is imposed	7678
under this section, or any authority of the department to inspect	7679
a center or, type A home, or licensed type B home that otherwise	7680
is granted under this section when the department believes the	7681
inspection is necessary and it is permitted under the grant.	7682

(2) If the department implements an instrument-based program	7683
monitoring information system, it may use an indicator checklist	7684
to comply with division (B)(1) of this section.	7685

(3) The department shall, at least once during every	7686
twelve-month period of operation of a center or, type A home, or	7687
licensed type B home, collect information concerning the amounts	7688
charged by the center or home for providing child care services	7689
for use in establishing reimbursement ceilings and payment	7690
pursuant to section 5104.30 of the Revised Code.	7691

(C) In the event a licensed center or, type A home, or type B	7692
home is determined to be out of compliance with the requirements	7693
of Chapter 5104. of the Revised Code or rules adopted pursuant to	7694
Chapter 5104. of the Revised Code, the department shall notify the	7695
licensee of the center or, type A home, or type B home in writing	7696
regarding the nature of the violation, what must be done to	7697
correct the violation, and by what date the correction must be	7698
made. If the correction is not made by the date established by the	7699
department, the department may commence action under Chapter 119.	7700
of the Revised Code to revoke the license.	7701

(D) The department may deny or revoke a license, or refuse to	7702
renew a license of a center or, type A home, or type B home, if	7703
the applicant ~~knowingly makes a false statement on the~~	7704
~~application,~~or licensee does not comply with the requirements of	7705
Chapter 5104. or rules adopted pursuant to Chapter 5104. of the	7706
Revised Code~~, or has pleaded guilty to or been convicted of an~~	7707
~~offense described in section 5104.09 of the Revised Code~~or	7708
violates a prohibition of Chapter 5104. of the Revised Code.	7709

(E) If the department finds, after notice and hearing	7710
pursuant to Chapter 119. of the Revised Code, that any person,	7711
~~firm, organization, institution,~~ or ~~agency~~government entity	7712
licensed under section 5104.03 of the Revised Code is in violation	7713
of any provision of Chapter 5104. of the Revised Code or rules	7714
adopted pursuant to Chapter 5104. of the Revised Code, the	7715
department may issue an order of revocation to the center or, type	7716
A home, or licensed type B home revoking the license previously	7717
issued by the department. Upon the issuance of any order of	7718
revocation, the person or government entity whose license is	7719
revoked may appeal in accordance with section 119.12 of the	7720
Revised Code.	7721

(F) The surrender of a center or, type A home, or type B home	7722
license to the department or the withdrawal of an application for	7723
licensure by the owner or administrator of the center or, type A	7724
home, or type B home shall not prohibit the department from	7725
instituting any of the actions set forth in this section.	7726

(G) Whenever the department receives a complaint, is advised,	7727
or otherwise has any reason to believe that a center or, type A	7728
home, or type B home is providing child care without a license	7729
issued or renewed pursuant to section 5104.03 and is not exempt	7730
from licensing pursuant to section ~~5104.02~~5104.021 or 5104.022 of	7731
the Revised Code, the department shall investigate the center or,	7732
type A home, or type B home and may inspect the areas children	7733
have access to or areas necessary for the care of children in the	7734
center or, type A home, or type B home during suspected hours of	7735
operation to determine whether the center or, type A home, or type	7736
B home is ~~subject to the requirements of Chapter 5104. or rules~~	7737
~~adopted pursuant to Chapter 5104. of the Revised Code~~in violation	7738
of section 5104.02 of the Revised Code.	7739

(H) The department, upon determining that the center or, type	7740
A home, or type B home is operating without a required license,	7741
shall notify the attorney general, the prosecuting attorney of the	7742
county in which the center or, type A home, or type B home is	7743
located, or the city attorney, village solicitor, or other chief	7744
legal officer of the municipal corporation in which the center or,	7745
type A home, or type B home is located, that the center or, type A	7746
home, or type B home is operating without a required license. Upon	7747
receipt of the notification, the attorney general, prosecuting	7748
attorney, city attorney, village solicitor, or other chief legal	7749
officer of a municipal corporation shall file a complaint in the	7750
court of common pleas of the county in which the center or, type A	7751
home, or type B home is located requesting that the court grant an	7752
order enjoining the owner from operating the center or, type A	7753
home, or type B home in violation of section 5104.02 of the	7754
Revised Code. The court shall grant such injunctive relief upon a	7755
showing that the respondent named in the complaint is operating a	7756
center or, type A home, or type B home and is doing so without a	7757
required license.	7758

(I) The department shall prepare an annual report on	7759
inspections conducted under this section. The report shall include	7760
the number of inspections conducted, the number and types of	7761
violations found, and the steps taken to address the violations.	7762
The department shall file the report with the governor, the	7763
president and minority leader of the senate, and the speaker and	7764
minority leader of the house of representatives on or before the	7765
first day of January of each year, beginning in 1999.	7766

Sec. 5104.041. No person shall make a false statement on an	7767
application for a license to operate a child-care center, type A	7768
family child-care home, or type B family child-care home or other	7769
document used in the process of issuing such a license or as part	7770
of an investigation or inspection of a center, type A home, or	7771
type B home.	7772

Sec. 5104.05. (A) The director of job and family services	7773
~~shall~~may not issue a provisional license or license to a	7774
child-care center or renew a child-care center's license ~~for the~~	7775
~~operation of a child day-care center, if~~unless the director	7776
finds~~, after investigation of the applicant and inspection of the~~	7777
~~center,~~ that ~~other requirements of Chapter 5104. of the Revised~~	7778
~~Code, rules promulgated pursuant to Chapter 5104. of the Revised~~	7779
~~Code, and~~the child-care center meets all of the following	7780
requirements ~~are met~~:	7781

(1) The buildings in which the center is housed, subsequent	7782
to any major modification, have been approved by the department of	7783
commerce or a certified municipal, township, or county building	7784
department for the purpose of operating a ~~child day-care~~	7785
child-care center. Any structure used for the operation of a	7786
center shall be constructed, equipped, repaired, altered, and	7787
maintained in accordance with applicable provisions of Chapters	7788
3781. and 3791. of the Revised Code and with regulations adopted	7789
by the board of building standards under Chapter 3781. of the	7790
Revised Code and this division for the safety and sanitation of	7791
structures erected for this purpose.	7792

(2) The state fire marshal or the fire chief or fire	7793
prevention officer of the municipal corporation or township in	7794
which the center is located has inspected the center annually	7795
within the preceding license period and has found the center to be	7796
in compliance with rules promulgated by the fire marshal pursuant	7797
to section 3737.83 of the Revised Code regarding fire prevention	7798
and fire safety in a ~~child day-care~~child-care center.	7799

(3) The center has received a food service operation license	7800
under Chapter 3717. of the Revised Code if meals are to be served	7801
to children other than children of the licensee or administrator,	7802
whether or not a consideration is received for the meals.	7803

(B) The director of job and family services ~~shall~~may not	7804
issue a provisional license or license to a type A family	7805
child-care home or renew a type A home's license ~~for the operation~~	7806
~~of a type A family day-care home, if~~unless the director finds,	7807
~~after investigation of the applicant and inspection of the type A~~	7808
~~home,~~ that ~~other requirements of Chapter 5104. of the Revised~~	7809
~~Code, rules promulgated pursuant to Chapter 5104. of the Revised~~	7810
~~Code, and~~the type A home meets all of the following requirements	7811
~~are met~~:	7812

(1) The state fire marshal or the fire chief or fire	7813
prevention officer of the municipal corporation or township in	7814
which the type A family ~~day-care~~child-care home is located has	7815
inspected the type A home annually within the preceding license	7816
period and has found the type A home to be in compliance with	7817
rules promulgated by the fire marshal pursuant to section 3737.83	7818
of the Revised Code regarding fire prevention and fire safety in a	7819
type A home.	7820

(2) The type A home is in compliance with rules set by the	7821
director of job and family services in cooperation with the	7822
director of health pursuant to section 3701.80 of the Revised Code	7823
regarding meal preparation and meal service in the home. The	7824
director of job and family services, in accordance with procedures	7825
recommended by the director of health, shall inspect each type A	7826
home to determine compliance with those rules.	7827

(3) The type A home is in compliance with rules promulgated	7828
by the director of job and family services in cooperation with the	7829
board of building standards regarding safety and sanitation	7830
pursuant to section 3781.10 of the Revised Code.	7831

Sec. 5104.051. (A)(1) The department of commerce is	7832
responsible for the inspections of ~~child day-care~~child-care	7833
centers as required by division (A)(1) of section 5104.05 of the	7834
Revised Code. Where there is a municipal, township, or county	7835
building department certified under section 3781.10 of the Revised	7836
Code to exercise enforcement authority with respect to the	7837
category of building occupancy which includes ~~day-care~~ centers,	7838
all inspections required under division (A)(1) of section 5104.05	7839
of the Revised Code shall be made by that department according to	7840
the standards established by the board of building standards.	7841
Inspections in areas of the state where there is no municipal,	7842
township, or county building department certified under section	7843
3781.10 of the Revised Code to exercise enforcement authority with	7844
respect to the category of building occupancy which includes	7845
~~day-care~~ centers shall be made by personnel of the department of	7846
commerce. Inspections of centers shall be contingent upon payment	7847
of a fee by the applicant to the department having jurisdiction to	7848
inspect.	7849

(2) The department of commerce is responsible for the	7850
inspections of type A family ~~day-care~~child-care homes as required	7851
by division (B)(3) of section 5104.05 of the Revised Code. Where	7852
there is a municipal, township, or county building department	7853
certified under section 3781.10 of the Revised Code to exercise	7854
enforcement authority with respect to the category of building	7855
occupancy which includes type A homes, all inspections required	7856
under division (B)(3) of section 5104.05 of the Revised Code shall	7857
be made by that department according to the standards established	7858
by the board of building standards. Inspections in areas of the	7859
state where there is no municipal, township, or county building	7860
department certified under section 3781.10 of the Revised Code to	7861
exercise enforcement authority with respect to the category of	7862
building occupancy which includes type A homes shall be made by	7863
personnel of the department of commerce. Inspections of type A	7864
homes shall be contingent upon payment of a fee by the applicant	7865
to the department having jurisdiction to inspect.	7866

(B) The state fire marshal is responsible for the inspections	7867
required by divisions (A)(2) and (B)(1) of section 5104.05 of the	7868
Revised Code. In municipal corporations and in townships outside	7869
municipal corporations where there is a fire prevention official,	7870
the inspections shall be made by the fire chief or the fire	7871
prevention official under the supervision of and according to the	7872
standards established by the state fire marshal. In townships	7873
outside municipal corporations where there is no fire prevention	7874
official, inspections shall be made by the employees of the state	7875
fire marshal.	7876

(C) The fire marshal shall enforce all statutes and rules	7877
pertaining to fire safety and fire prevention in ~~child day-care~~	7878
child-care centers and type A family ~~day-care~~child-care homes. In	7879
the event of a dispute between the marshal and any other	7880
responsible officer under sections 5104.05 and 5104.051 of the	7881
Revised Code with respect to the interpretation or application of	7882
a specific fire safety statute or rule, the interpretation of the	7883
marshal shall prevail.	7884

(D) As used in this division, "licensor" has the same meaning	7885
as in section 3717.01 of the Revised Code.	7886

The licensor for food service operations in the city or	7887
general health district in which the center is located is	7888
responsible for the inspections required under Chapter 3717. of	7889
the Revised Code.	7890

(E) Any moneys collected by the department of commerce under	7891
this section shall be paid into the state treasury to the credit	7892
of the industrial compliance operating fund created in section	7893
121.084 of the Revised Code.	7894

Sec. 5104.053. As a precondition of approval by the state	7895
board of education pursuant to section 3313.813 of the Revised	7896
Code for receipt of United States department of agriculture child	7897
and adult care food program funds established under the "National	7898
School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as	7899
amended, the provider of child care in a type B family ~~day-care~~	7900
child-care home that is not licensed by the director of job and	7901
family services or certified by ~~the~~a county director of ~~human~~job	7902
and family services shall request an inspection of the type B home	7903
by the fire marshal, who shall inspect the type B home pursuant to	7904
section 3737.22 of the Revised Code to determine that it is in	7905
compliance with rules established pursuant to section ~~5104.052~~	7906
5104.018 of the Revised Code for certified type B homes.	7907

Sec. 5104.054. Any type B family ~~day-care~~child-care home,	7908
whether certified or not certified by ~~the~~a county director of	7909
~~human~~job and family services or licensed or not licensed by the	7910
director of job and family services, shall be considered to be a	7911
residential use of property for purposes of municipal, county, and	7912
township zoning and shall be a permitted use in all zoning	7913
districts in which residential uses are permitted. No municipal,	7914
county, or township zoning regulations shall require a conditional	7915
use permit or any other special exception certification for any	7916
~~such~~ type B family ~~day-care~~child-care home.	7917

Sec. 5104.06. (A) The director of job and family services	7918
shall provide consultation, technical assistance, and training to	7919
~~child day-care~~child-care centers ~~and~~, type A family ~~day-care~~	7920
child-care homes, and licensed type B family child-care homes to	7921
improve programs and facilities providing child care including,	7922
but not limited to, assistance in meeting the requirements of	7923
Chapter 5104. and rules adopted pursuant to Chapter 5104. of the	7924
Revised Code and shall furnish information regarding child abuse	7925
identification and reporting of child abuse.	7926

(B) The director of job and family services shall provide	7927
consultation and technical assistance to county departments of job	7928
and family services to assist the county departments with the	7929
implementation of certification of type B family ~~day-care~~	7930
child-care home providers and in-home aides.	7931

Sec. 5104.07. (A) ~~The director of job and family services~~	7932
~~may prescribe additional requirements for licensing child day-care~~	7933
~~centers or type A family day-care homes that provide publicly~~	7934
~~funded child care pursuant to this chapter and any rules adopted~~	7935
~~under it. The director shall develop standards as required by~~	7936
~~federal laws and regulations for child care programs supported by~~	7937
~~federal funds.~~	7938

~~(B)~~(1) On or before February 28, 1992, the department of job	7939
and family services shall develop a statewide plan for child care	7940
resource and referral services. The plan shall be based upon the	7941
experiences of other states with respect to child care resource	7942
and referral services, the experiences of communities in this	7943
state that have child care resource and referral service	7944
organizations, and the needs of communities in this state that do	7945
not have child care resource and referral service organizations.	7946
The plan shall be designed to ensure that child care resource and	7947
referral services are available in each county in the state to	7948
families who need child care. The department shall consider the	7949
special needs of migrant workers when it develops the plan and	7950
shall include in the plan procedures designed to accommodate the	7951
needs of migrant workers.	7952

(2) The director of job and family services shall adopt rules	7953
for funding child care resource and referral service	7954
organizations. The rules shall include all of the following:	7955

(a) A description of the services that a child care resource	7956
and referral service organization is required to provide to	7957
families who need child care;	7958

(b) The qualifications for a child care resource and referral	7959
service organization;	7960

(c) A description of the procedures for providing federal and	7961
state funding for county or multicounty child care resource and	7962
referral service organizations;	7963

(d) A timetable for providing child care resource and	7964
referral services to all communities in the state;	7965

(e) Uniform information gathering and reporting procedures	7966
that are designed to be used in compatible computer systems;	7967

(f) Procedures for establishing statewide nonprofit technical	7968
assistance services to coordinate uniform data collection and to	7969
publish reports on child care supply, demand, and cost and to	7970
provide technical assistance to communities that do not have child	7971
care resource and referral service organizations and to existing	7972
child care resource and referral service organizations;	7973

(g) Requirements governing contracts entered into under	7974
division ~~(C)~~(B) of this section, which may include limits on the	7975
percentage of funds distributed by the department that may be used	7976
for the contracts.	7977

~~(C)~~(B) Child care resource and referral service organizations	7978
receiving funds distributed by the department may, in accordance	7979
with rules adopted under division ~~(B)~~(A)(2) of this section, enter	7980
into contracts with local governmental entities, nonprofit	7981
organizations including nonprofit organizations that provide child	7982
care, and individuals under which the entities, organizations, or	7983
individuals may provide child care resource and referral services	7984
in the community with those funds, if the contracts are submitted	7985
to and approved by the department prior to execution.	7986

Sec. 5104.08. (A) There is hereby created in the department	7987
of job and family services a child care advisory council to advise	7988
and assist the department in the administration of this chapter	7989
and in the development of child care. The council shall consist of	7990
twenty-two voting members appointed by the director of job and	7991
family services with the approval of the governor. The director of	7992
job and family services, the director of mental retardation and	7993
developmental disabilities, the director of mental health, the	7994
superintendent of public instruction, the director of health, the	7995
director of commerce, and the state fire marshal shall serve as	7996
nonvoting members of the council.	7997

Six members shall be representatives of child care centers	7998
subject to licensing, the members to represent a variety of	7999
centers, including nonprofit and proprietary, from different	8000
geographical areas of the state. At least three members shall be	8001
parents, guardians, or custodians of children receiving child care	8002
or publicly funded child care in the child's own home, a center, a	8003
type A home, a head start program, a licensed type B home, a	8004
certified type B home, or a type B home at the time of	8005
appointment. Three members shall be representatives of in-home	8006
aides, type A homes, licensed type B homes, certified type B	8007
homes, or type B homes, or head start programs. At least six	8008
members shall represent county departments of job and family	8009
services. The remaining members shall be representatives of the	8010
teaching, child development, and health professions, and other	8011
individuals interested in the welfare of children. At least six	8012
members of the council shall not be employees or licensees of a	8013
~~child day-care~~child-care center, head start program, or type A	8014
home, or licensed type B home, or providers operating a certified	8015
type B home or type B home, or in-home aides.	8016

Appointments shall be for three-year terms. Vacancies shall	8017
be filled for the unexpired terms. A member of the council is	8018
subject to removal by the director of job and family services for	8019
a willful and flagrant exercise of authority or power that is not	8020
authorized by law, for a refusal or willful neglect to perform any	8021
official duty as a member of the council imposed by law, or for	8022
being guilty of misfeasance, malfeasance, nonfeasance, or gross	8023
neglect of duty as a member of the council.	8024

There shall be two co-chairpersons of the council. One	8025
co-chairperson shall be the director of job and family services or	8026
the director's designee, and one co-chairperson shall be elected	8027
by the members of the council. The council shall meet as often as	8028
is necessary to perform its duties, provided that it shall meet at	8029
least once in each quarter of each calendar year and at the call	8030
of the co-chairpersons. The co-chairpersons or their designee	8031
shall send to each member a written notice of the date, time, and	8032
place of each meeting.	8033

Members of the council shall serve without compensation, but	8034
shall be reimbursed for necessary expenses.	8035

(B) The child care advisory council shall advise the director	8036
on matters affecting the licensing of centers ~~and~~, type A homes,	8037
and type B homes and the certification of type B homes and in-home	8038
aides. The council shall make an annual report to the director of	8039
job and family services that addresses the availability,	8040
affordability, accessibility, and quality of child care and that	8041
summarizes the recommendations and plans of action that the	8042
council has proposed to the director during the preceding fiscal	8043
year. The director of job and family services shall provide copies	8044
of the report to the governor, speaker and minority leader of the	8045
house of representatives, and the president and minority leader of	8046
the senate and, on request, shall make copies available to the	8047
public.	8048

(C) The director of job and family services shall adopt rules	8049
pursuant to Chapter 119. of the Revised Code to implement this	8050
section.	8051

Sec. 5104.082. The director of job and family services shall	8052
recommend standards for imposing sanctions on persons and entities	8053
licensed or certified under this chapter that violate any	8054
provision of this chapter. The standards shall be based on the	8055
scope and severity of the violations. The director shall provide	8056
copies of the recommendations to the governor, the speaker and	8057
minority leader of the house of representatives, and the president	8058
and minority leader of the senate and, on request, shall make	8059
copies available to the public.	8060

Sec. 5104.09. The director of job and family services shall	8061
not do any of the following:	8062

(A) Issue or renew a license for a child-care center if any	8063
of the following applies:	8064

(1) The owner, licensee, or administrator of the center has	8065
been convicted of or pleaded guilty to a disqualifying offense,	8066
unless the owner, licensee, or administrator meets rehabilitation	8067
standards established in rules adopted under section 5104.0111 of	8068
the Revised Code;	8069

(2) The owner, licensee, or administrator of the center fails	8070
to complete the criminal records check form, or provide all the	8071
information necessary to complete the form, or to provide the	8072
standard fingerprint impression sheet with impressions of the	8073
owner's, licensee's, or administrator's fingerprints after	8074
receiving the form and impression sheet under section 5104.096 of	8075
the Revised Code;	8076

(3) The owner, licensee, or administrator of the center has	8077
had a child removed from the owner's, licensee's, or	8078
administrator's home pursuant to section 2151.353 of the Revised	8079
Code.	8080

(B) Issue or renew a license for a type A family child-care	8081
home if any of the following applies:	8082

(1) Any of the following have been convicted of or pleaded	8083
guilty to a disqualifying offense:	8084

(a) The owner, licensee, or administrator of the type A home,	8085
unless the owner, licensee, or administrator meets rehabilitation	8086
standards established in rules adopted under section 5104.0111 of	8087
the Revised Code;	8088

(b) An individual eighteen years of age or older who resides	8089
in the type A home, unless the individual meets rehabilitation	8090
standards established in rules adopted under section 5104.0111 of	8091
the Revised Code.	8092

(2) The owner, licensee, or administrator of the type A home	8093
or an individual eighteen years of age or older who resides in the	8094
type A home fails to complete the criminal records check form, or	8095
provide all the information necessary to complete the form, or to	8096
provide the standard fingerprint impression sheet with impressions	8097
of the owner's, licensee's, administrator's, or individual's	8098
fingerprints after receiving the form and impression sheet under	8099
section 5104.096 of the Revised Code;	8100

(3) The owner, licensee, or administrator of the type A home	8101
or an individual eighteen years of age or older who resides in the	8102
type A home has had a child removed from the owner's, licensee's,	8103
administrator's, or individual's home pursuant to section 2151.353	8104
of the Revised Code;	8105

(4) An individual who is under eighteen years of age and has	8106
been adjudicated a delinquent child for committing a disqualifying	8107
offense resides in the type A home, unless the individual meets	8108
rehabilitation standards established in rules adopted under	8109
section 5104.0111 of the Revised Code.	8110

(C) Issue or renew a license for a type B family child-care	8111
home if any of the following applies:	8112

(1) Either of the following have been convicted of or pleaded	8113
guilty to a disqualifying offense:	8114

(a) The individual seeking the license or renewal, unless the	8115
individual meets rehabilitation standards established in rules	8116
adopted under section 5104.0111 of the Revised Code;	8117

(b) An individual eighteen years of age or older who resides	8118
in the type B home, unless the individual meets rehabilitation	8119
standards established in rules adopted under section 5104.0111 of	8120
the Revised Code.	8121

(2) The individual seeking the license or renewal or an	8122
individual eighteen years of age or older who resides in the type	8123
B home fails to complete the criminal records check form, or	8124
provide all the information necessary to complete the form, or to	8125
provide the standard fingerprint impression sheet with impressions	8126
of the individual's fingerprints after receiving the form and	8127
impression sheet under section 5104.096 of the Revised Code;	8128

(3) The individual seeking the license or renewal or an	8129
individual eighteen years of age or older who resides in the type	8130
B home has had a child removed from the individual's home pursuant	8131
to section 2151.353 of the Revised Code;	8132

(4) An individual who is under eighteen years of age and has	8133
been adjudicated a delinquent child for committing a disqualifying	8134
offense resides in the type B home, unless the individual meets	8135
rehabilitation standards established in rules adopted under	8136
section 5104.0111 of the Revised Code.	8137

Sec. 5104.091. No county director of job and family services	8138
shall do either of the following:	8139

(A) Issue or renew a certificate for a type B family	8140
child-care home if any of the following applies:	8141

(1) Either of the following have been convicted of or pleaded	8142
guilty to a disqualifying offense:	8143

(a) The individual seeking the certificate or renewal, unless	8144
the individual meets rehabilitation standards established in rules	8145
adopted under section 5104.0111 of the Revised Code;	8146

(b) An individual eighteen years of age or older who resides	8147
in the type B home, unless the individual meets rehabilitation	8148
standards established in rules adopted under section 5104.0111 of	8149
the Revised Code.	8150

(2) The individual seeking the certificate or renewal or an	8151
individual eighteen years of age or older who resides in the type	8152
B home fails to complete the criminal records check form, or	8153
provide all the information necessary to complete the form, or to	8154
provide the standard fingerprint impression sheet with impressions	8155
of the individual's fingerprints after receiving the form and	8156
impression sheet under section 5104.096 of the Revised Code;	8157

(3) The individual seeking the certificate or renewal or an	8158
individual eighteen years of age or older who resides in the type	8159
B home has had a child removed from the individual's home pursuant	8160
to section 2151.353 of the Revised Code;	8161

(4) An individual who is under eighteen years of age and has	8162
been adjudicated a delinquent child for committing a disqualifying	8163
offense resides in the type B home, unless the individual meets	8164
rehabilitation standards established in rules adopted under	8165
section 5104.0111 of the Revised Code.	8166

(B) Issue or renew an in-home aide certificate if any of the	8167
following applies:	8168

(1) The individual seeking the certificate or renewal has	8169
been convicted of or pleaded guilty to a disqualifying offense,	8170
unless the individual meets rehabilitation standards established	8171
in rules adopted under section 5104.0111 of the Revised Code;	8172

(2) The individual seeking the certificate or renewal fails	8173
to complete the criminal records check form, or provide all the	8174
information necessary to complete the form, or to provide the	8175
standard fingerprint impression sheet with impressions of the	8176
individual's fingerprints after receiving the form and impression	8177
sheet under section 5104.096 of the Revised Code;	8178

(3) The individual has had a child removed from the	8179
individual's home pursuant to section 2151.353 of the Revised	8180
Code.	8181

Sec. 5104.092. No child-care center or type A family	8182
child-care home shall employ, directly or pursuant to a contract	8183
between the center or type A home and another entity, an	8184
individual in a position in which the individual is responsible	8185
for the care, custody, or control of a child at the center or type	8186
A home if any of the following applies:	8187

(A) The individual has been convicted of or pleaded guilty to	8188
a disqualifying offense, unless the individual meets	8189
rehabilitation standards established in rules adopted under	8190
section 5104.0111 of the Revised Code;	8191

(B) The individual fails to complete the criminal records	8192
check form, or provide all the information necessary to complete	8193
the form, or to provide the standard fingerprint impression sheet	8194
with impressions of the individual's fingerprints after receiving	8195
the form and impression sheet under section 5104.096 of the	8196
Revised Code;	8197

(C) The individual has had a child removed from the	8198
individual's home pursuant to section 2151.353 of the Revised	8199
Code.	8200

Sec. 5104.093. As part of the process of issuing and	8201
renewing a license for a child-care center, type A family	8202
child-care home, or type B family child-care home, the director of	8203
job and family services shall request that the superintendent of	8204
BCII conduct a criminal records check under section 109.572 of the	8205
Revised Code with respect to all of the following:	8206

(A) Each owner, licensee, and administrator of the center;

8207

(B) Each owner, licensee, and administrator of the type A	8208
home and each individual eighteen years of age or older who	8209
resides in the type A home;	8210

(C) Each individual seeking licensure or license renewal of	8211
the type B home and each individual eighteen years of age or older	8212
who resides in the type B home.	8213

Sec. 5104.094. As part of the process of issuing and	8214
renewing a certificate for a type B family child-care home or	8215
in-home aide, a county director of job and family services shall	8216
request that the superintendent of BCII conduct a criminal records	8217
check under section 109.572 of the Revised Code with respect to	8218
all of the following:	8219

(A) Each individual seeking certification or certificate	8220
renewal of the type B home and each individual eighteen years of	8221
age or older who resides in the type B home;	8222

(B) Each individual seeking an in-home aide certificate or	8223
renewal of such a certificate.	8224

Sec. 5104.095. (A) The administrator of a child-care center	8225
or type A family child-care home shall request that the	8226
superintendent of BCII conduct a criminal records check under	8227
section 109.572 of the Revised Code with respect to all of the	8228
following:	8229

(1) Each individual who is under final consideration for	8230
employment directly with the center or type A home in a position	8231
in which the individual would be responsible for the care,	8232
custody, or control of a child at the center or type A home;	8233

(2) Each individual who, pursuant to a contract between the	8234
center or type A home and another entity, would be employed in a	8235
position in which the individual is responsible for the care,	8236
custody, or control of a child at the center or type A home;	8237

(3) Each individual who, directly or pursuant to a contract	8238
between the center or type A home and another entity, is employed	8239
in a position in which the individual is responsible for the care,	8240
custody, or control of a child at the center or type A home.	8241

(B) A criminal records check required by division (A)(1) or	8242
(2) of this section shall be requested and completed before the	8243
individual who is the subject of the criminal records check begins	8244
an employment position in which the individual would be	8245
responsible for the care, custody, or control of a child at the	8246
center or type A home. A criminal records check required by	8247
division (A)(3) of this section shall be requested and completed	8248
before the license of the center or type A home is renewed under	8249
section 5104.03 of the Revised Code.	8250

(C) The administrator of a center or type A home, at the time	8251
an individual initially applies for an employment position in	8252
which the individual would be responsible for the care, custody,	8253
or control of a child at the center or type A home, shall inform	8254
the individual of the requirements of sections 5104.09 through	8255
5104.0913 of the Revised Code that are applicable to the	8256
individual.	8257

Sec. 5104.096. An individual required by section 5104.093,	8258
5104.094, or 5104.095 of the Revised Code to request that the	8259
superintendent of BCII conduct a criminal records check shall	8260
provide a criminal records check form and standard fingerprint	8261
impression sheet to the individual who is the subject of the	8262
criminal records check. An individual who receives the criminal	8263
records check form and standard fingerprint impression sheet shall	8264
complete the form, or provide all the information necessary to	8265
complete the form, and shall provide the impression sheet with	8266
impressions of the individual's fingerprints. The individual	8267
required to request the criminal records check shall obtain the	8268
completed criminal records check form and standard fingerprint	8269
impression sheet from the subject of the criminal records check	8270
and forward the form and impression sheet to the superintendent of	8271
BCII at the time the criminal records check is requested.	8272

Sec. 5104.097. If the subject of a criminal records check	8273
does not present proof that the subject has been a resident of	8274
this state for the five-year period immediately prior to the date	8275
on which the criminal records check is requested or provide	8276
evidence that within that five-year period the superintendent of	8277
BCII has requested information about the subject from the federal	8278
bureau of investigation in a criminal records check, the	8279
individual required by section 5104.093, 5104.094, or 5104.095 of	8280
the Revised Code to request the criminal records check shall	8281
request that the superintendent obtain information about the	8282
subject of the criminal records check from the federal bureau of	8283
investigation as part of the criminal records check. If the	8284
subject of the criminal records check presents proof of having	8285
been a resident of this state for that five-year period, the	8286
individual required to request the criminal records check may	8287
request that the superintendent include information from the	8288
federal bureau of investigation in the criminal records check.	8289

Sec. 5104.098. A child-care center, type A family child-care	8290
home, type B family child-care home, or individual seeking an	8291
in-home aide certificate shall pay to BCII the fee prescribed	8292
pursuant to division (C)(3) of section 109.572 of the Revised Code	8293
for each criminal records check regarding the center, type A home,	8294
type B home, or individual that is requested under section	8295
5104.093 or 5104.094 of the Revised Code.	8296

Sec. 5104.099. Each child-care center and type A family	8297
child-care home that requests a criminal records check pursuant to	8298
section 5104.095 of the Revised Code shall pay to BCII the fee	8299
prescribed pursuant to division (C)(3) of section 109.572 of the	8300
Revised Code for the criminal records check. The center or type A	8301
home may require the individual who is the subject of the criminal	8302
records check to pay the center or type A home the amount of the	8303
fee if the center or type A home informs the individual at the	8304
time the individual initially applies for employment that the	8305
individual must pay the center or type A home the amount of the	8306
fee and that, unless the payment is made, the center or type A	8307
home will not consider the individual for employment. The center	8308
or type A home may not require the individual to pay an amount	8309
exceeding the amount of the fee the center or home pays BCII.	8310

Sec. 5104.0910. The report of a criminal records check BCII	8311
conducts pursuant to a request made under section 5104.093,	8312
5104.094, or 5104.095 of the Revised Code is not a public record	8313
for the purposes of section 149.43 of the Revised Code and may not	8314
be made available to any person or government entity other than	8315
the following:	8316

(A) The individual who is the subject of the criminal records	8317
check or the individual's representative;	8318

(B) The individual who requested the criminal records check	8319
or the individual's representative;	8320

(C) In the case of a criminal records check of an owner,	8321
licensee, or administrator of a child-care center or type A family	8322
child-care home, any owner, licensee, or administrator of the	8323
center or type A home;	8324

(D) In the case of a criminal records check of an individual	8325
eighteen years of age or older who resides in a type A family	8326
child-care home, the owner, licensee, or administrator of the type	8327
A home;	8328

(E) In the case of a criminal records check of an individual	8329
eighteen years of age or older who resides in a type B family	8330
child-care home, the individual who seeks the license, license	8331
renewal, certificate, or certificate renewal for the type B home;	8332

(F) The department of job and family services;

8333

(G) A county department of job and family services;

8334

(H) A court, hearing officer, or other necessary individual	8335
involved in a case dealing with either of the following:	8336

(1) The denial of employment to the subject of the criminal	8337
records check;	8338

(2) The denial of a license, license renewal, certificate, or	8339
certificate renewal that is related to criminal records check.	8340

Sec. 5104.0911. (A) Except as provided by division (B) of	8341
this section, each of the following shall sign a statement	8342
prescribed by the director of job and family services attesting to	8343
the fact that the individual has not been convicted of or pleaded	8344
guilty to a disqualifying offense and no child has been removed	8345
from the individual's home pursuant to section 2151.353 of the	8346
Revised Code:	8347

(1) The licensee of a child-care center or type A family	8348
child-care home;	8349

(2) The administrator of a child-care center or type A family	8350
child-care home;	8351

(3) The licensed provider of a licensed type B family	8352
child-care home;	8353

(4) The certified provider of a certified type B family	8354
child-care home;	8355

(5) An in-home aide;

8356

(6) An individual employed, directly or pursuant to a	8357
contract between a child-care center or type A family child-care	8358
home and another entity, in a position in which the individual is	8359
responsible for the care, custody, or control of a child at the	8360
center or type A home;	8361

(7) An individual eighteen years of age or older who resides	8362
in a type A family child-care home, licensed type B family	8363
child-care home, or certified type B family child-care home.	8364

(B) An individual who has been convicted of or pleaded guilty	8365
to a disqualifying offense but meets rehabilitation standards	8366
established in rules adopted under section 5104.0111 of the	8367
Revised Code shall, instead of signing the statement required by	8368
division (A) of this section, sign a statement prescribed by the	8369
director of job and family services attesting to the fact that the	8370
individual has been convicted of or pleaded guilty to a	8371
disqualifying offense but meets the rehabilitation standards.	8372

(C) The statements required by this section of individuals	8373
associated with a child-care center, type A family child-care	8374
home, or licensed type B family child-care home shall be kept on	8375
file at the center, type A home, or licensed type B home. The	8376
statements required by this section of in-home aides and	8377
individuals associated with a certified type B family child-care	8378
home shall be kept on file at the county department of job and	8379
family services serving the county in which the in-home aide	8380
resides or certified type B home is located.	8381

Sec. 5104.0912. (A) Except as provided by division (B) of	8382
this section, each licensee of a type A family child-care home or	8383
licensed type B family child-care home and each certified provider	8384
of a certified type B family child-care home shall sign a	8385
statement on a form prescribed by the director of job and family	8386
services attesting to the fact that no individual who is under	8387
eighteen years of age and has been adjudicated a delinquent child	8388
for committing a disqualifying offense resides in the type A home,	8389
licensed type B home, or certified type B home.	8390

(B) If an individual who is under eighteen years of age, has	8391
been adjudicated a delinquent child for committing a disqualifying	8392
offense, and meets rehabilitation standards established in rules	8393
adopted under section 5104.0111 of the Revised Code resides in a	8394
type A home, licensed type B home, or certified type B home, the	8395
licensee of the type A home or type B home or certified provider	8396
of the type B home shall, instead of signing the statement	8397
required by division (A) of this section, sign a statement	8398
prescribed by the director of job and family services attesting to	8399
the fact that the individual has been convicted of or pleaded	8400
guilty to a disqualifying offense but meets the rehabilitation	8401
standards.	8402

(C) The statements required by this section of individuals	8403
associated with a child-care center, type A family child-care	8404
home, or licensed type B family child-care home shall be kept on	8405
file at the center, type A home, or licensed type B home. The	8406
statements required by this section of individuals associated with	8407
a certified type B family child-care home shall be kept on file at	8408
the county department of job and family services serving the	8409
county in which the certified type B home is located.	8410

Sec. 5104.0913. No individual required to sign a statement	8411
under section 5104.0911 or 5104.0912 of the Revised Code shall	8412
withhold information from, or falsify information on, the	8413
statement.	8414

Sec. 5104.11. (A)(1) Every person desiring to receive	8415
certification for a type B family ~~day-care~~child-care home to	8416
provide publicly funded child care shall apply for certification	8417
to the county director of job and family services on such forms as	8418
the director of job and family services prescribes. The county	8419
director shall provide at no charge to each applicant a copy of	8420
rules for certifying type B family ~~day-care~~child-care homes	8421
adopted pursuant to this chapter. No person prohibited by section	8422
5104.02 of the Revised Code from operating a type B family	8423
child-care home without a provisional license or license issued by	8424
the director of job and family services may apply for or obtain a	8425
certificate for the type B home.	8426

(2) ~~Except as provided in division (G)(1) of section 5104.011~~	8427
~~of the Revised Code, after~~After receipt of an application for	8428
certification from a type B family ~~day-care~~child-care home, the	8429
county director of job and family services shall inspect the home.	8430
~~If it complies with this chapter and any applicable rules adopted~~	8431
~~under this chapter, the county department shall certify the type B~~	8432
~~family day-care home to provide publicly funded child care~~	8433
~~pursuant to this chapter and any rules adopted under it.~~ The	8434
director of job and family services or a county director of job	8435
and family services may contract with a government entity or a	8436
private nonprofit entity for that entity to inspect and certify	8437
type B family ~~day-care~~child-care homes pursuant to this section.	8438
The county department of job and family services, government	8439
entity, or nonprofit entity shall conduct the inspection prior to	8440
the issuance of a certificate for the type B home and, as part of	8441
that inspection, ensure that the type B home is safe and sanitary.	8442

(3)(a) On receipt of an application for certification for a	8443
type B family ~~day-care~~child-care home to provide publicly funded	8444
child care or for renewal of such certification, the county	8445
department shall request from both of the following information	8446
concerning any abuse or neglect report made pursuant to section	8447
2151.421 of the Revised Code of which the applicant, any other	8448
adult residing in the applicant's home, or a person designated by	8449
the applicant to be an emergency or substitute caregiver for the	8450
applicant is the subject:	8451

(i) The public children services agency, until the county	8452
department is notified by the department of job and family	8453
services that the uniform statewide automated child welfare	8454
information system has been finalized statewide;	8455

(ii) Upon receipt of notification under division (D) of	8456
section 5101.13 of the Revised Code that the uniform statewide	8457
automated child welfare information system has been implemented	8458
statewide, the uniform statewide automated child welfare	8459
information system via the department.	8460

(b) The county department shall consider any information	8461
provided by the agency or the department pursuant to section	8462
5153.175 of the Revised Code. If the county department determines	8463
that the information, when viewed within the totality of the	8464
circumstances, reasonably leads to the conclusion that the	8465
applicant may directly or indirectly endanger the health, safety,	8466
or welfare of children, the county department shall deny the	8467
application for certification or renewal of certification, or	8468
revoke the certification of ~~an authorized~~a certified provider.	8469

~~(c) As used in division (A)(3) of this section, "public~~	8470
~~children services agency" means either an entity separate from the~~	8471
~~county department or the part of the county department that serves~~	8472
~~as the county's public children services agency, as appropriate.~~	8473

(4) Except as provided in division (A)(5) of this section, an	8474
~~authorized~~a certified provider of a type B family ~~day-care~~	8475
child-care home that receives a certificate pursuant to this	8476
section to provide publicly funded child care is an independent	8477
contractor and is not an employee of the county department of job	8478
and family services that issues the certificate.	8479

(5) For purposes of Chapter 4141. of the Revised Code,	8480
determinations concerning the employment of ~~an authorized~~a	8481
certified provider of a type B family ~~day-care~~child-care home	8482
that receives a certificate pursuant to this section shall be	8483
determined under Chapter 4141. of the Revised Code.	8484

(B) ~~If the county director of job and family services~~	8485
~~determines that the type B family day-care home complies with this~~	8486
~~chapter and any rules adopted under it, the~~The county director of	8487
job and family services shall issue ~~to the provider~~ a certificate	8488
for a type B family child-care home to provide publicly funded	8489
child care~~, which~~unless the county director determines that the	8490
type B home is not in compliance with this chapter or the rules	8491
adopted under it or that the applicant has violated a prohibition	8492
of this chapter. The certificate is valid for twelve months,	8493
unless revoked earlier. The county director may revoke the	8494
certificate after determining that the certified provider has	8495
violated a prohibition of this chapter or revocation is otherwise	8496
necessary. The ~~authorized~~certified provider shall post the	8497
certificate in a conspicuous place in the certified type B home	8498
that is accessible to parents, custodians, or guardians at all	8499
times. The certificate shall state the name and address of the	8500
~~authorized~~certified provider, the maximum number of children who	8501
may be cared for at any one time in the certified type B home, the	8502
expiration date of the certification, and the name and telephone	8503
number of the county director who issued the certificate.	8504

(C)(1) The county director shall inspect every certified type	8505
B family ~~day-care~~child-care home at least twice within each	8506
twelve-month period of the operation of the certified type B home.	8507
A minimum of one inspection shall be unannounced and all	8508
inspections may be unannounced. Upon receipt of a complaint, the	8509
county director shall investigate the certified type B home, and	8510
division (C)(2) of this section applies regarding the complaint.	8511
The ~~authorized~~certified provider shall permit the county director	8512
to inspect any part of the certified type B home. The county	8513
director shall prepare a written inspection report and furnish one	8514
copy to the ~~authorized~~certified provider within a reasonable time	8515
after the inspection.	8516

(2) Upon receipt of a complaint as described in division	8517
(C)(1) of this section, in addition to the investigation that is	8518
required under that division, both of the following apply:	8519

(a) If the complaint alleges that a child suffered physical	8520
harm while receiving child care at the certified type B family	8521
~~day-care~~child-care home or that the noncompliance with law or act	8522
alleged in the complaint involved, resulted in, or poses a	8523
substantial risk of physical harm to a child receiving child care	8524
at the home, the county director shall inspect the home.	8525

(b) If division (C)(2)(a) of this section does not apply	8526
regarding the complaint, the county director may inspect the	8527
certified type B family ~~day-care~~child-care home.	8528

(3) Division (C)(2) of this section does not limit, restrict,	8529
or negate any duty of the county director to inspect a certified	8530
type B family ~~day-care~~child-care home that otherwise is imposed	8531
under this section, or any authority of the county director to	8532
inspect a home that otherwise is granted under this section when	8533
the county director believes the inspection is necessary and it is	8534
permitted under the grant.	8535

(D) The county director of job and family services, in	8536
accordance with rules adopted pursuant to section ~~5104.052~~	8537
5104.018 of the Revised Code regarding fire safety and fire	8538
prevention, shall inspect each type B home that applies to be	8539
certified that is providing or is to provide publicly funded child	8540
care.	8541

(E) All materials that are supplied by the department of job	8542
and family services to type A family ~~day-care~~child-care home	8543
providers, type B family ~~day-care~~child-care home providers,	8544
in-home aides, persons who desire to be type A family ~~day-care~~	8545
child-care home providers, type B family ~~day-care~~child-care home	8546
providers, or in-home aides, and caretaker parents shall be	8547
written at no higher than the sixth grade reading level. The	8548
department may employ a readability expert to verify its	8549
compliance with this division.	8550

Sec. 5104.111. No person shall make a false statement on an	8551
application for a certificate for a type B family child-care home	8552
or other document used in the process of issuing such a	8553
certificate or as part of an investigation or inspection of a type	8554
B home.	8555

Sec. 5104.13. No later than July 1, 1998, and at reasonable	8556
intervals thereafter, the department of job and family services	8557
shall publish a guide describing state statutes and rules	8558
governing the certification of type B family ~~day-care~~child-care	8559
homes. The department shall distribute the guide to county	8560
departments of job and family services in sufficient number that a	8561
copy is available to each certified type B home provider.	8562

~~Sec. 5104.015.~~ Sec. 5104.14. (A) Except as otherwise provided in	8563
division (C) of this section, no ~~child day-care~~child-care center	8564
shall permit any person to smoke in any indoor or outdoor space	8565
that is part of the center.	8566

The administrator of a ~~child day-care~~child-care center shall	8567
post in a conspicuous place at the main entrance of the center a	8568
notice stating that smoking is prohibited in any indoor or outdoor	8569
space that is part of the center, except under the conditions	8570
described in division (C) of this section.	8571

(B) Except as otherwise provided in division (C) of this	8572
section, no type A family ~~day-care~~child-care home or, certified	8573
type B family ~~day-care~~child-care home, or licensed type B family	8574
child-care home shall permit any person to smoke in any indoor or	8575
outdoor space that is part of the home during the hours the home	8576
is in operation. Smoking may be permitted during hours other than	8577
the hours of operation if the administrator ~~or authorized~~,	8578
certified provider, or licensed provider of the home has provided	8579
to a parent, custodian, or guardian of each child receiving child	8580
care at the home notice that smoking occurs or may occur at the	8581
home when it is not in operation.	8582

The administrator of a type A family ~~day-care~~child-care home	8583
~~or authorized~~, certified provider of a certified type B family	8584
~~day-care~~child-care home, or licensed provider of a licensed type	8585
B family child-care home shall post in a conspicuous place at the	8586
main entrance of the home a notice specifying the hours the home	8587
is in operation and stating that smoking is prohibited during	8588
those hours in any indoor or outdoor space that is part of the	8589
home, except under the conditions described in division (C) of	8590
this section.	8591

(C) A ~~child day-care~~child-care center, type A family	8592
~~day-care~~child-care home, or certified type B family child-care	8593
home, or licensed type B family child-care home may allow persons	8594
to smoke at the center or home during its hours of operation if	8595
those persons cannot be seen smoking by the children being cared	8596
for and if they smoke in either of the following:	8597

(1) An indoor area that is separately ventilated from the	8598
rest of the center or home;	8599

(2) An outdoor area that is so far removed from the children	8600
being cared for that they cannot inhale any smoke.	8601

~~(D) The director of job and family services, in consultation~~	8602
~~with the director of health, shall adopt rules in accordance with~~	8603
~~Chapter 119. of the Revised Code to implement the requirements of~~	8604
~~this section. These rules may prohibit smoking in a child day-care~~	8605
~~center, type A family day-care home, or certified type B family~~	8606
~~home if its design and structure do not allow persons to smoke~~	8607
~~under the conditions described in division (C) of this section or~~	8608
~~if repeated violations of division (A) or (B) of this section have~~	8609
~~occurred there.~~	8610

Sec. 5104.15. (A) Each child-care center shall have, for	8611
each child for whom the center is licensed, at least thirty-five	8612
square feet of wall-to-wall usable, indoor floor space regularly	8613
available for the child-care operation. Except as provided in	8614
division (B) of this section, none of the following may be counted	8615
toward this indoor floor space:	8616

(1) The parts of the structure in which the care of children	8617
is prohibited by law or by rules adopted by the board of building	8618
standards;	8619

(2) Hallways, kitchens, storage areas, or any other areas	8620
that are not available for the care of children, as determined by	8621
the director of job and family services;	8622

(3) Bathrooms unless they are used exclusively by children	8623
enrolled in the center.	8624

(B) Hallways, kitchens, storage areas, bathrooms not used	8625
exclusively by children enrolled in the center, and other areas	8626
not available for the care of children may count toward the	8627
minimum of thirty-five square feet of usable, indoor floor space	8628
in a child-care center that was licensed prior to or on September	8629
1, 1986, if the center either continues under licensure after that	8630
date or is issued a new license after that date solely due to a	8631
change of ownership of the center.	8632

Sec. 5104.151. (A) Except as provided by divisions (B) and	8633
(C) of this section, each child-care center shall have on the site	8634
a safe, outdoor play space that is enclosed by a fence or	8635
otherwise protected from traffic or other hazards. The play space	8636
shall contain not less than sixty square feet per child using the	8637
play space at any one time and shall provide an opportunity for	8638
supervised outdoor play each day in suitable weather.	8639

(B) The director of job and family services may exempt a	8640
child-care center from the requirement of division (A) of this	8641
section if an outdoor play space is not available and all of the	8642
following requirements are met:	8643

(1) The center provides an indoor recreation area that has	8644
not less than sixty square feet per child using the area at any	8645
one time, has a minimum of one thousand four hundred forty square	8646
feet of space, and is separate from the indoor space required	8647
under section 5104.15 of the Revised Code.	8648

(2) The director has determined that there is regularly	8649
available and scheduled for use a conveniently accessible and safe	8650
park, playground, or similar outdoor play area for play or	8651
recreation.	8652

(3) The children are closely supervised during play and while	8653
traveling to and from the area.	8654

(C) The director shall exempt from the requirement of	8655
division (A) of this section a child-care center that was licensed	8656
prior to September 1, 1986, if the center received approval from	8657
the director prior to September 1, 1986, to use a park,	8658
playground, or similar area, not connected with the center, for	8659
play or recreation in lieu of the outdoor space requirements of	8660
this section and the children are closely supervised both during	8661
play and while traveling to and from the area. The director shall	8662
terminate such a child-care center's exemption from the	8663
requirement of division (A) of this section if the director	8664
determines upon investigation and inspection pursuant to section	8665
5104.04 of the Revised Code and rules adopted under that section	8666
that the park, playground, or similar area or access to and from	8667
the park, playground, or similar area is unsafe for the children.	8668

Sec. 5104.16. (A) Each child-care center shall have at least	8669
two responsible adults available on the premises at all times when	8670
seven or more children are in the center. Each center shall	8671
organize the children in the center in small groups, shall provide	8672
child-care staff to give continuity of care and supervision to the	8673
children on a day-by-day basis, and shall ensure that no child is	8674
left alone or unsupervised.	8675

Except as provided by divisions (B) and (C) of this section,	8676
the maximum number of children per child-care staff member and	8677
maximum group size, by age category of children, are as follows:	8678

Age Category of Children	Maximum Number of Children Per Child-Care Staff Member	Maximum Group Size	8679
Less than twelve months old	5:1 or 12:2 if two child-care staff members are in the room	12	8680
At least twelve months old but less than eighteen months old	6:1	12	8681
At least eighteen months old but less than thirty months old	7:1	14	8682
At least thirty months old but less than three years old	8:1	16	8683
Three years old	12:1	24	8684
At least four years old but less than six years old and not school children	14:1	28	8685
Enrolled or eligible to be enrolled in a grade of kindergarten or above but less than eleven years old	18:1	36	8686
At least eleven years old but less than fifteen years old	20:1	40	8687

(B)(1) Except as provided in division (B)(2) of this section,	8688
the maximum number of children per child-care staff member	8689
requirements of the younger age group and the maximum group size	8690
requirements of the younger age group shall apply when age groups	8691
are combined.	8692

(2) When not more than one child thirty months of age or	8693
older receives child care in a group in which all the other	8694
children are in the next older age group, the maximum number of	8695
children per child-care staff member and maximum group size	8696
requirements of the older age group established under division (A)	8697
of this section shall apply.	8698

(C)(1) Subject to the limitation established by division	8699
(C)(2) of this section, the maximum number of toddlers or	8700
preschool children per child-care staff member in a room where	8701
children are napping shall be twice the maximum number of children	8702
per child-care staff member established under division (A) of this	8703
section if all of the following criteria are met:	8704

(a) At least one child-care staff member is present in the	8705
room.	8706

(b) Sufficient child-care staff members are on the child-care	8707
center premises to meet the maximum number of children per	8708
child-care staff member requirements established under division	8709
(A) of this section.	8710

(c) Naptime preparations are complete and all napping	8711
children are resting or sleeping on cots.	8712

(2) The maximum number established under division (C)(1) of	8713
this section is in effect for not more than one and one-half hours	8714
during a twenty-four-hour day.	8715

Sec. 5104.161. Each child-care center shall have on the	8716
center premises and readily available at all times at least one	8717
child-care staff member who has completed a course in first aid	8718
and in prevention, recognition, and management of communicable	8719
diseases that is approved by the state department of health and a	8720
staff member who has completed a course in child abuse recognition	8721
and prevention training which is approved by the department of job	8722
and family services.	8723

Sec. 5104.17. (A) The administrator of each child-care	8724
center shall show the director of job and family services evidence	8725
of both of the following:	8726

(1) At least high school graduation or certification of high	8727
school equivalency by the state board of education or the	8728
appropriate agency of another state;	8729

(2) Completion of at least two years of training in an	8730
accredited college, university, or technical college, including	8731
courses in child development or early childhood education, or at	8732
least two years of experience in supervising and giving daily care	8733
to children attending an organized group program.	8734

(B) In addition to the requirements of division (A) of this	8735
section, any administrator employed or designated on or after	8736
September 1, 1986, shall show evidence of, and any administrator	8737
employed or designated prior to September 1, 1986, shall show	8738
evidence within six years after such date of, at least one of the	8739
following:	8740

(1) Two years of experience working as a child-care staff	8741
member in a center and at least four courses in child development	8742
or early childhood education from an accredited college,	8743
university, or technical college, except that a person who has two	8744
years of experience working as a child-care staff member in a	8745
particular center and who has been promoted to or designated as	8746
administrator of that center shall have one year from the time the	8747
person was promoted to or designated as administrator to complete	8748
the required four courses;	8749

(2) Two years of training, including at least four courses in	8750
child development or early childhood education from an accredited	8751
college, university, or technical college;	8752

(3) A child development associate credential issued by the	8753
national child development associate credentialing commission;	8754

(4) An associate or higher degree in child development or	8755
early childhood education from an accredited college, technical	8756
college, or university, or a license designated for teaching in an	8757
associate teaching position in a preschool setting issued by the	8758
state board of education.	8759

Sec. 5104.171. (A) Except as provided in divisions (B) and	8760
(C) of this section, all child-care staff members of each	8761
child-care center shall be at least eighteen years of age and	8762
shall furnish the director of job and family services evidence of	8763
either of the following:	8764

(1) At least high school graduation or certification of high	8765
school equivalency by the state board of education or the	8766
appropriate agency of another state;	8767

(2) Completion of a training program approved by the	8768
department of job and family services or state board of education.	8769

(B) A child-care staff member may be less than eighteen years	8770
of age if the staff member is either of the following:	8771

(1) A graduate of a two-year vocational child-care training	8772
program approved by the state board of education;	8773

(2) A student enrolled in the second year of a vocational	8774
child-care training program approved by the state board of	8775
education that leads to high school graduation, provided that the	8776
student performs the student's duties in the child-care center	8777
under the continuous supervision of an experienced child-care	8778
staff member, receives periodic supervision from the vocational	8779
child-care training program teacher-coordinator in the student's	8780
high school, and meets all other requirements of this chapter and	8781
rules adopted pursuant to this chapter.	8782

(C) A child-care staff member is exempt from the educational	8783
requirements of division (A) of this section if either one applies	8784
to the staff member:	8785

(1) Prior to January 1, 1972, the staff member was employed	8786
or designated by a child-care center and has been continuously	8787
employed since either by the same child-care center employer or at	8788
the same child-care center.	8789

(2) The staff member is a student enrolled in the second year	8790
of a vocational child-care training program approved by the state	8791
board of education that leads to high school graduation, provided	8792
that the student performs the student's duties in the child-care	8793
center under the continuous supervision of an experienced	8794
child-care staff member, receives periodic supervision from the	8795
vocational child-care training program teacher-coordinator in the	8796
student's high school, and meets all other requirements of this	8797
chapter and rules adopted pursuant to this chapter.	8798

Sec. 5104.172. (A) As used in this section, "hour" means	8799
sixty minutes.	8800

(B) Except as provided in division (C) of this section, every	8801
child care staff member of each child-care center annually shall	8802
complete fifteen hours of in-service training in child development	8803
or early childhood education, child abuse recognition and	8804
prevention, first aid, and in prevention, recognition, and	8805
management of communicable diseases, until a total of forty-five	8806
hours of training has been completed.	8807

(C) A child care staff member is exempt from the requirements	8808
of division (B) of this section if the staff member furnishes one	8809
of the following to the director of job and family services:	8810

(1) Evidence of an associate or higher degree in child	8811
development or early childhood education from an accredited	8812
college, university, or technical college;	8813

(2) A license designated for teaching in an associate	8814
teaching position in a preschool setting issued by the state board	8815
of education;	8816

(3) Evidence of a child development associate credential;

8817

(4) Evidence of a preprimary credential from the American	8818
Montessori society or the association Montessori internationale.	8819

Sec. 5104.18. The administrator of each child-care center	8820
shall prepare at least once annually and for each group of	8821
children at the center a roster of names and telephone numbers of	8822
parents, custodians, or guardians of each group of children	8823
attending the center and upon request shall furnish the roster for	8824
each group to the parents, custodians, or guardians of the	8825
children in that group. The administrator may prepare a roster of	8826
names and telephone numbers of all parents, custodians, or	8827
guardians of children attending the center and upon request shall	8828
furnish the roster to the parents, custodians, or guardians of the	8829
children who attend the center. The administrator shall not	8830
include in any roster the name or telephone number of any parent,	8831
custodian, or guardian who requests the administrator not to	8832
include the parent's, custodian's, or guardian's name or number	8833
and shall not furnish any roster to any person other than a	8834
parent, custodian, or guardian of a child who attends the center.	8835

Sec. 5104.19. The administrator of each child-care center	8836
shall maintain enrollment, health, and attendance records for all	8837
children attending the center and health and employment records	8838
for all center employees. The records shall be confidential,	8839
except as otherwise provided in section 5104.18 of the Revised	8840
Code and except that the administrator shall disclose the records	8841
to the director of job and family services on request for the	8842
purpose of administering and enforcing this chapter and rules	8843
adopted pursuant to this chapter. Neither the center nor the	8844
licensee, administrator, or employees of the center shall be	8845
civilly or criminally liable in damages or otherwise for records	8846
the administrator discloses to the director pursuant to this	8847
section. It shall be a defense to any civil or criminal charge	8848
based on records the administrator discloses to the director that	8849
the records were disclosed pursuant to this section.	8850

Sec. 5104.20. (A) Any parent who is the residential parent	8851
and legal custodian of a child enrolled in a child-care center and	8852
any custodian or guardian of such a child shall be permitted	8853
unlimited access to the center during its hours of operation for	8854
the purposes of contacting their children, evaluating the care	8855
provided by the center, evaluating the premises of the center, or	8856
for other purposes approved by the director of job and family	8857
services. A parent of a child enrolled in a child day-care center	8858
who is not the child's residential parent shall be permitted	8859
unlimited access to the center during its hours of operation for	8860
those purposes under the same terms and conditions under which the	8861
residential parent of that child is permitted access to the center	8862
for those purposes. However, the access of the parent who is not	8863
the residential parent is subject to any agreement between the	8864
parents and, to the extent described in division (B) of this	8865
section, is subject to any terms and conditions limiting the right	8866
of access of the parent who is not the residential parent, as	8867
described in division (I) of section 3109.051 of the Revised Code,	8868
that are contained in a parenting time order or decree issued	8869
under that section, section 3109.12 of the Revised Code, or any	8870
other provision of the Revised Code.	8871

(B) If a parent who is the residential parent of a child has	8872
presented the administrator or the administrator's designee with a	8873
copy of a parenting time order that limits the terms and	8874
conditions under which the parent who is not the residential	8875
parent is to have access to the center, as described in division	8876
(I) of section 3109.051 of the Revised Code, the parent who is not	8877
the residential parent shall be provided access to the center only	8878
to the extent authorized in the order. If the residential parent	8879
has presented such an order, the parent who is not the residential	8880
parent shall be permitted access to the center only in accordance	8881
with the most recent order that has been presented to the	8882
administrator or the administrator's designee by the residential	8883
parent or the parent who is not the residential parent.	8884

(C) Upon entering the premises pursuant to division (A) or	8885
(B) of this section, the parent who is the residential parent and	8886
legal custodian, the parent who is not the residential parent, or	8887
the custodian or guardian shall notify the administrator or the	8888
administrator's designee of the parent's, custodian's, or	8889
guardian's presence.	8890

Sec. 5104.21. No administrator, licensee, or child-care	8891
staff member of a child-care center shall discriminate in the	8892
enrollment of children in the center on the basis of race, color,	8893
religion, sex, or national origin.	8894

~~Sec. 5104.21.~~ Sec. 5104.22. (A) The department of job and family	8895
services shall register child day camps and enforce this section	8896
and section ~~5104.22~~5104.23 of the Revised Code and the rules	8897
adopted pursuant to those sections. No person, firm, organization,	8898
institution, or agency shall operate a child day camp without	8899
annually registering with the department.	8900

(B) A person, firm, institution, organization, or agency	8901
operating any of the following programs is exempt from the	8902
provisions of this section and section ~~5104.22~~5104.23 of the	8903
Revised Code:	8904

(1) A child day camp that operates for two or less	8905
consecutive weeks and for no more than a total of two weeks during	8906
each calendar year;	8907

(2) Supervised training, instruction, or activities of	8908
children that is conducted on an organized or periodic basis no	8909
more than one day a week and for no more than six hours' duration	8910
and that is conducted in specific areas, including, but not	8911
limited to, art; drama; dance; music; gymnastics, swimming, or	8912
another athletic skill or sport; computers; or an educational	8913
subject;	8914

(3) Programs in which the department determines that at least	8915
one parent, custodian, or guardian of each child attending or	8916
participating in the child day camp is on the child day camp	8917
activity site and is readily accessible at all times, except that	8918
a child day camp on the premises of a parent's, custodian's, or	8919
guardian's place of employment shall be registered in accordance	8920
with division (A) of this section;	8921

(4) Child day camps funded and regulated or operated and	8922
regulated by any state department, other than the department of	8923
job and family services, when the department of job and family	8924
services has determined that the rules governing the child day	8925
camp are equivalent to or exceed the rules adopted pursuant to	8926
this section and section ~~5104.22~~5104.23 of the Revised Code.	8927

(C) A person, firm, organization, institution, or agency	8928
operating a child day camp that is exempt under division (B) of	8929
this section from registering under division (A) of this section	8930
may elect to register itself under division (A) of this section.	8931
All requirements of this section and the rules adopted pursuant to	8932
this section shall apply to any exempt child day camp that so	8933
elects to register.	8934

(D) The director of job and family services shall adopt	8935
pursuant to Chapter 119. of the Revised Code rules prescribing the	8936
registration form and establishing the procedure for the child day	8937
camps to register. The form shall not be longer than one	8938
typewritten page and shall state both of the following:	8939

(1) That the child day camp administrator or the	8940
administrator's representative agrees to provide the parents of	8941
each school child who attends or participates in that child day	8942
camp with the telephone number of the county department of health	8943
and the public children services agency of the county in which the	8944
child day camp is located;	8945

(2) That the child day camp administrator or the	8946
administrator's representative agrees to permit a public children	8947
services agency or the county department of health to review or	8948
inspect the child day camp if a complaint is made to that	8949
department or any other state department or public children	8950
services agency against that child day camp.	8951

(E) The department may charge a fee to register a child day	8952
camp. The fee for each child day camp shall be twenty-five	8953
dollars. No organization that operates, or owner of, child day	8954
camps shall pay a fee that exceeds two hundred fifty dollars for	8955
all of its child day camps.	8956

(F) If a child day camp that is required to register under	8957
this section fails to register with the department in accordance	8958
with this section or the rules adopted pursuant to it or if a	8959
child day camp that files a registration form under this section	8960
knowingly provides false or misleading information on the	8961
registration form, the department shall require the child day camp	8962
to register or register correctly and to pay a registration fee	8963
that equals three times the registration fee as set forth in	8964
division (E) of this section.	8965

(G) A child day camp administrator or the administrator's	8966
representative shall provide the parents of each school child who	8967
attends or participates in that child day camp with the telephone	8968
numbers of the county department of health and the county public	8969
children services agency of the county in which the child day camp	8970
is located and a statement that the parents may use these	8971
telephone numbers to contact or otherwise contact the departments	8972
or agency to make a complaint regarding the child day camp.	8973

~~Sec. 5104.22.~~ Sec. 5104.23. (A) The director of job and family	8974
services, no later than September 1, 1993, and pursuant to Chapter	8975
119. of the Revised Code, shall adopt rules establishing a	8976
procedure and standards for the approval of child day camps that	8977
will enable an approved child day camp to receive public moneys	8978
pursuant to sections 5104.30 to 5104.39 of the Revised Code. The	8979
procedure and standards shall be similar and comparable to the	8980
procedure and standards for accrediting child day camps used by	8981
the American camping association. The department of job and family	8982
services may charge a reasonable fee to inspect a child day camp	8983
to determine whether that child day camp meets the standards set	8984
forth in this section or in the rules adopted under this section.	8985
The department shall approve any child day camp that the	8986
department inspects and approves, that the American camping	8987
association inspects and accredits, or that is inspected and	8988
accredited by any nationally recognized organization that	8989
accredits child day camps by using standards that the department	8990
has determined are substantially similar and comparable to those	8991
of the American camping association. The department shall approve	8992
a child day camp for no longer than two years and shall inspect an	8993
approved child day camp no less than biennially.	8994

(B) An approved child day camp shall comply with this section	8995
and section ~~5104.21~~5104.22 of the Revised Code and the rules	8996
adopted pursuant to those sections. If an approved child day camp	8997
is not in substantial compliance with those sections or rules at	8998
any time, the department shall terminate the child day camp's	8999
approval until the child day camp complies with those sections and	9000
rules or for a period of two years, whichever period is longer.	9001

~~Sec. 5104.20.~~ Sec. 5104.24. This chapter does not apply to any	9002
county, township, municipal corporation, township park district	9003
created under section 511.18 of the Revised Code, park district	9004
created under section 1545.04 of the Revised Code, or joint	9005
recreation district established under section 755.14 of the	9006
Revised Code that provides programs for children who are five	9007
years of age or older.	9008

Sec. 5104.30. (A) The department of job and family services	9009
is hereby designated as the state agency responsible for	9010
administration and coordination of federal and state funding for	9011
publicly funded child care in this state. Publicly funded child	9012
care shall be provided to the following:	9013

(1) Recipients of transitional child care as provided under	9014
section 5104.34 of the Revised Code;	9015

(2) Participants in the Ohio works first program established	9016
under Chapter 5107. of the Revised Code;	9017

(3) Individuals who would be participating in the Ohio works	9018
first program if not for a sanction under section 5107.16 of the	9019
Revised Code and who continue to participate in a work activity,	9020
developmental activity, or alternative work activity pursuant to	9021
an assignment under section 5107.42 of the Revised Code;	9022

(4) A family receiving publicly funded child care on October	9023
1, 1997, until the family's income reaches one hundred fifty per	9024
cent of the federal poverty line;	9025

(5) Subject to available funds, other individuals determined	9026
eligible in accordance with rules adopted under section 5104.38 of	9027
the Revised Code.	9028

The department shall apply to the United States department of	9029
health and human services for authority to operate a coordinated	9030
program for publicly funded child care, if the director of job and	9031
family services determines that the application is necessary. For	9032
purposes of this section, the department of job and family	9033
services may enter into agreements with other state agencies that	9034
are involved in regulation or funding of child care. The	9035
department shall consider the special needs of migrant workers	9036
when it administers and coordinates publicly funded child care and	9037
shall develop appropriate procedures for accommodating the needs	9038
of migrant workers for publicly funded child care.	9039

(B) The department of job and family services shall	9040
distribute state and federal funds for publicly funded child care,	9041
including appropriations of state funds for publicly funded child	9042
care and appropriations of federal funds available under the child	9043
care block grant act, Title IV-A, and Title XX. The department may	9044
use any state funds appropriated for publicly funded child care as	9045
the state share required to match any federal funds appropriated	9046
for publicly funded child care.	9047

(C) In the use of federal funds available under the child	9048
care block grant act, all of the following apply:	9049

(1) The department may use the federal funds to hire staff to	9050
prepare any rules required under this chapter and to administer	9051
and coordinate federal and state funding for publicly funded child	9052
care.	9053

(2) Not more than five per cent of the aggregate amount of	9054
the federal funds received for a fiscal year may be expended for	9055
administrative costs.	9056

(3) The department shall allocate and use at least four per	9057
cent of the federal funds for the following:	9058

(a) Activities designed to provide comprehensive consumer	9059
education to parents and the public;	9060

(b) Activities that increase parental choice;

9061

(c) Activities, including child care resource and referral	9062
services, designed to improve the quality, and increase the	9063
supply, of child care.	9064

(4) The department shall ensure that the federal funds will	9065
be used only to supplement, and will not be used to supplant,	9066
federal, state, and local funds available on the effective date of	9067
the child care block grant act for publicly funded child care and	9068
related programs. A county department of job and family services	9069
may purchase child care from funds obtained through any other	9070
means.	9071

(D) The department shall encourage the development of	9072
suitable child care throughout the state, especially in areas with	9073
high concentrations of recipients of public assistance and	9074
families with low incomes. The department shall encourage the	9075
development of suitable child care designed to accommodate the	9076
special needs of migrant workers. On request, the department,	9077
through its employees or contracts with state or community child	9078
care resource and referral service organizations, shall provide	9079
consultation to groups and individuals interested in developing	9080
child care. The department of job and family services may enter	9081
into interagency agreements with the department of education, the	9082
board of regents, the department of development, and other state	9083
agencies and entities whenever the cooperative efforts of the	9084
other state agencies and entities are necessary for the department	9085
of job and family services to fulfill its duties and	9086
responsibilities under this chapter.	9087

The department shall develop and maintain a registry of	9088
persons providing child care. The director shall adopt rules	9089
pursuant to Chapter 119. of the Revised Code establishing	9090
procedures and requirements for the registry's administration.	9091

(E)(1) The director shall adopt rules in accordance with	9092
Chapter 119. of the Revised Code establishing both of the	9093
following:	9094

(a) Reimbursement ceilings for providers of publicly funded	9095
child care;	9096

(b) A procedure for reimbursing and paying providers of	9097
publicly funded child care.	9098

(2) In establishing reimbursement ceilings under division	9099
(E)(1)(a) of this section, the director shall do ~~all~~both of the	9100
following:	9101

(a) Use the information obtained under division (B)(3) of	9102
section 5104.04 of the Revised Code;	9103

(b) Establish an enhanced reimbursement ceiling for providers	9104
who provide child care for caretaker parents who work	9105
nontraditional hours;	9106

~~(c) For a type B family day-care home provider that has~~	9107
~~received limited certification pursuant to rules adopted under~~	9108
~~division (G)(1) of section 5104.011 of the Revised Code, establish~~	9109
~~a reimbursement ceiling that is the following:~~	9110

~~(i) If the provider is a person described in division~~	9111
~~(G)(1)(a) of section 5104.011 of the Revised Code, seventy-five~~	9112
~~per cent of the reimbursement ceiling that applies to a type B~~	9113
~~family day-care home certified by the same county department of~~	9114
~~job and family services pursuant to section 5104.11 of the Revised~~	9115
~~Code;~~	9116

~~(ii) If the provider is a person described in division~~	9117
~~(G)(1)(b) of section 5104.011 of the Revised Code, sixty per cent~~	9118
~~of the reimbursement ceiling that applies to a type B family~~	9119
~~day-care home certified by the same county department pursuant to~~	9120
~~section 5104.11 of the Revised Code~~.	9121

(3) In establishing reimbursement ceilings under division	9122
(E)(1)(a) of this section, the director may establish different	9123
reimbursement ceilings based on any of the following:	9124

(a) Geographic location of the provider;

9125

(b) Type of care provided;

9126

9127

(d) Special needs of the child served;

9128

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

9129

(f) Whether weekend service is provided;

9130

(g) Whether the provider has exceeded the minimum	9131
requirements of state statutes and rules governing child care;	9132

(h) Any other factors the director considers appropriate.

9133

Sec. 5104.301. A county department of job and family	9134
services may establish a program to encourage the organization of	9135
parent cooperative ~~child day-care~~child-care centers and parent	9136
cooperative type A family ~~day-care~~child-care homes for recipients	9137
of publicly funded child care. A program established under this	9138
section may include any of the following:	9139

(A) Recruitment of parents interested in organizing a parent	9140
cooperative ~~child day-care~~child-care center or parent cooperative	9141
type A family ~~day-care~~child-care home;	9142

(B) Provision of technical assistance in organizing a parent	9143
cooperative ~~child day-care~~child-care center or parent cooperative	9144
type A family ~~day-care~~child-care home;	9145

(C) Assistance in the developing, conducting, and	9146
disseminating training for parents interested in organizing a	9147
parent cooperative ~~child day-care~~child-care center or parent	9148
cooperative type A family ~~day-care~~child-care home.	9149

A county department that implements a program under this	9150
section shall receive from funds available under the child care	9151
block grant act a five thousand dollar incentive payment for each	9152
parent cooperative ~~child day-care~~child-care center or parent	9153
cooperative type A family ~~day-care~~child-care home organized	9154
pursuant to this section.	9155

Parents of children enrolled in a parent cooperative ~~child~~	9156
~~day-care~~child-care center or parent cooperative type A family	9157
~~day-care~~child-care home pursuant to this section shall be	9158
required to work in the center or home a minimum of four hours per	9159
week.	9160

The director of job and family services shall adopt rules	9161
governing the establishment and operation of programs under this	9162
section.	9163

Sec. 5104.31. (A) Publicly funded child care may be provided	9164
only by the following:	9165

(1) A ~~child day-care~~child-care center or type A family	9166
~~day-care~~child-care home, including a parent cooperative ~~child~~	9167
~~day-care~~child-care center or parent cooperative type A family	9168
~~day-care~~child-care home, licensed by the department of job and	9169
family services pursuant to section 5104.03 of the Revised Code;	9170

(2) A type B family child-care home licensed by the	9171
department of job and family services pursuant to section 5104.03	9172
of the Revised Code;	9173

(3) A type B family ~~day-care~~child-care home certified by the	9174
county department of job and family services pursuant to section	9175
5104.11 of the Revised Code;	9176

~~(3) A type B family day-care home that has received a limited~~	9177
~~certification pursuant to rules adopted under division (G)(1) of~~	9178
~~section 5104.011 of the Revised Code;~~	9179

(4) An in-home aide who has been certified by the county	9180
department of job and family services pursuant to section 5104.12	9181
of the Revised Code;	9182

(5) A child day camp approved pursuant to section ~~5104.22~~	9183
5104.23 of the Revised Code;	9184

(6) A licensed preschool program;

9185

(7) A licensed school child program;

9186

(8) A border state child care provider, except that a border	9187
state child care provider may provide publicly funded child care	9188
only to an individual who resides in an Ohio county that borders	9189
the state in which the provider is located.	9190

(B) Publicly funded ~~child day-care~~child-care may be provided	9191
in a child's own home only by an in-home aide.	9192

Sec. 5104.32. (A) Except as provided in division (C) of this	9193
section, all purchases of publicly funded child care shall be made	9194
under a contract entered into by a licensed ~~child day-care~~	9195
child-care center, licensed type A family ~~day-care~~child-care	9196
home, licensed type B family child-care home, certified type B	9197
family ~~day-care~~child-care home, certified in-home aide, approved	9198
child day camp, licensed preschool program, licensed school child	9199
program, or border state child care provider and the county	9200
department of job and family services. A county department of job	9201
and family services may enter into a contract with a provider for	9202
publicly funded child care for a specified period of time or upon	9203
a continuous basis for an unspecified period of time. All	9204
contracts for publicly funded child care shall be contingent upon	9205
the availability of state and federal funds. The department of job	9206
and family services shall prescribe a standard form to be used for	9207
all contracts for the purchase of publicly funded child care,	9208
regardless of the source of public funds used to purchase the	9209
child care. To the extent permitted by federal law and	9210
notwithstanding any other provision of the Revised Code that	9211
regulates state or county contracts or contracts involving the	9212
expenditure of state, county, or federal funds, all contracts for	9213
publicly funded child care shall be entered into in accordance	9214
with the provisions of this chapter and are exempt from any other	9215
provision of the Revised Code that regulates state or county	9216
contracts or contracts involving the expenditure of state, county,	9217
or federal funds.	9218

(B) Each contract for publicly funded child care shall	9219
specify at least the following:	9220

(1) That the provider of publicly funded child care agrees to	9221
be paid for rendering services at the lowest of the rate	9222
customarily charged by the provider for children enrolled for	9223
child care, the reimbursement ceiling or rate of payment	9224
established pursuant to section 5104.30 of the Revised Code, or a	9225
rate the county department negotiates with the provider;	9226

(2) That, if a provider provides child care to an individual	9227
potentially eligible for publicly funded child care who is	9228
subsequently determined to be eligible, the county department	9229
agrees to pay for all child care provided between the date the	9230
county department receives the individual's completed application	9231
and the date the individual's eligibility is determined;	9232

(3) Whether the county department of job and family services,	9233
the provider, or a child care resource and referral service	9234
organization will make eligibility determinations, whether the	9235
provider or a child care resource and referral service	9236
organization will be required to collect information to be used by	9237
the county department to make eligibility determinations, and the	9238
time period within which the provider or child care resource and	9239
referral service organization is required to complete required	9240
eligibility determinations or to transmit to the county department	9241
any information collected for the purpose of making eligibility	9242
determinations;	9243

(4) That the provider, other than a border state child care	9244
provider, shall continue to be licensed, approved, or certified	9245
pursuant to this chapter and shall comply with all standards and	9246
other requirements in this chapter and in rules adopted pursuant	9247
to this chapter for maintaining the provider's license, approval,	9248
or certification;	9249

(5) That, in the case of a border state child care provider,	9250
the provider shall continue to be licensed, certified, or	9251
otherwise approved by the state in which the provider is located	9252
and shall comply with all standards and other requirements	9253
established by that state for maintaining the provider's license,	9254
certificate, or other approval;	9255

(6) Whether the provider will be paid by the county	9256
department of job and family services or the state department of	9257
job and family services;	9258

(7) That the contract is subject to the availability of state	9259
and federal funds.	9260

(C) Unless specifically prohibited by federal law, the county	9261
department of job and family services shall give individuals	9262
eligible for publicly funded child care the option of obtaining	9263
certificates for payment that the individual may use to purchase	9264
services from any provider qualified to provide publicly funded	9265
child care under section 5104.31 of the Revised Code. Providers of	9266
publicly funded child care may present these certificates for	9267
payment for reimbursement in accordance with rules that the	9268
director of job and family services shall adopt. Only providers	9269
may receive reimbursement for certificates for payment. The value	9270
of the certificate for payment shall be based on the lowest of the	9271
rate customarily charged by the provider, the reimbursement	9272
ceiling or rate of payment established pursuant to section 5104.30	9273
of the Revised Code, or a rate the county department negotiates	9274
with the provider. The county department may provide the	9275
certificates for payment to the individuals or may contract with	9276
child care providers or child care resource and referral service	9277
organizations that make determinations of eligibility for publicly	9278
funded child care pursuant to contracts entered into under section	9279
5104.34 of the Revised Code for the providers or resource and	9280
referral service organizations to provide the certificates for	9281
payment to individuals whom they determine are eligible for	9282
publicly funded child care.	9283

For each six-month period a provider of publicly funded child	9284
care provides publicly funded ~~child day-care~~child-care to the	9285
child of an individual given certificates for payment, the	9286
individual shall provide the provider certificates for days the	9287
provider would have provided publicly funded child care to the	9288
child had the child been present. County departments shall specify	9289
the maximum number of days providers will be provided certificates	9290
of payment for days the provider would have provided publicly	9291
funded child care had the child been present. The maximum number	9292
of days shall not exceed ten days in a six-month period during	9293
which publicly funded child care is provided to the child	9294
regardless of the number of providers that provide publicly funded	9295
child care to the child during that period.	9296

Sec. 5104.34. (A)(1) Each county department of job and	9297
family services shall implement procedures for making	9298
determinations of eligibility for publicly funded child care.	9299
Under those procedures, the eligibility determination for each	9300
applicant shall be made no later than thirty calendar days from	9301
the date the county department receives ~~a completed~~an application	9302
for publicly funded child care. Each applicant shall be notified	9303
promptly of the results of the eligibility determination. An	9304
applicant aggrieved by a decision or delay in making an	9305
eligibility determination may appeal the decision or delay to the	9306
department of job and family services in accordance with section	9307
5101.35 of the Revised Code. The due process rights of applicants	9308
shall be protected.	9309

To the extent permitted by federal law, the county department	9310
may make all determinations of eligibility for publicly funded	9311
child care, may contract with child care providers or child care	9312
resource and referral service organizations for the providers or	9313
resource and referral service organizations to make all or any	9314
part of the determinations, and may contract with child care	9315
providers or child care resource and referral service	9316
organizations for the providers or resource and referral service	9317
organizations to collect specified information for use by the	9318
county department in making determinations. If a county department	9319
contracts with a child care provider or a child care resource and	9320
referral service organization for eligibility determinations or	9321
for the collection of information, the contract shall require the	9322
provider or resource and referral service organization to make	9323
each eligibility determination no later than thirty calendar days	9324
from the date the provider or resource and referral organization	9325
receives a completed application that is the basis of the	9326
determination and to collect and transmit all necessary	9327
information to the county department within a period of time that	9328
enables the county department to make each eligibility	9329
determination no later than thirty days after the filing of the	9330
application that is the basis of the determination.	9331

The county department may station employees of the department	9332
in various locations throughout the county to collect information	9333
relevant to applications for publicly funded child care and to	9334
make eligibility determinations. The county department, child care	9335
provider, and child care resource and referral service	9336
organization shall make each determination of eligibility for	9337
publicly funded child care no later than thirty days after the	9338
filing of the application that is the basis of the determination,	9339
shall make each determination in accordance with any relevant	9340
rules adopted pursuant to section 5104.38 of the Revised Code, and	9341
shall notify promptly each applicant for publicly funded child	9342
care of the results of the determination of the applicant's	9343
eligibility.	9344

The director of job and family services shall adopt rules in	9345
accordance with Chapter 119. of the Revised Code for monitoring	9346
the eligibility determination process. In accordance with those	9347
rules, the state department shall monitor eligibility	9348
determinations made by county departments of job and family	9349
services and shall direct any entity that is not in compliance	9350
with this division or any rule adopted under this division to	9351
implement corrective action specified by the department.	9352

(2) All eligibility determinations for publicly funded child	9353
care shall be made in accordance with rules adopted pursuant to	9354
division (A) of section 5104.38 of the Revised Code and, if a	9355
county department of job and family services specifies, pursuant	9356
to rules adopted under division (B) of that section, a maximum	9357
amount of income a family may have to be eligible for publicly	9358
funded child care, the income maximum specified by the county	9359
department. Publicly funded child care may be provided only to	9360
eligible infants, toddlers, preschool children, and school	9361
children under age thirteen. For an applicant to be eligible for	9362
publicly funded child care, the caretaker parent must be employed	9363
or participating in a program of education or training for an	9364
amount of time reasonably related to the time that the parent's	9365
children are receiving publicly funded child care. This	9366
restriction does not apply to families whose children are eligible	9367
for protective child care.	9368

Subject to available funds, a county department of job and	9369
family services shall allow a family to receive publicly funded	9370
child care unless the family's income exceeds the maximum income	9371
eligibility limit. Initial and continued eligibility for publicly	9372
funded child care is subject to available funds unless the family	9373
is receiving child care pursuant to division (A)(1), (2), (3), or	9374
(4) of section 5104.30 of the Revised Code. If the county	9375
department must limit eligibility due to lack of available funds,	9376
it shall give first priority for publicly funded child care to an	9377
assistance group whose income is not more than the maximum income	9378
eligibility limit that received transitional child care in the	9379
previous month but is no longer eligible because the twelve-month	9380
period has expired. Such an assistance group shall continue to	9381
receive priority for publicly funded child care until its income	9382
exceeds the maximum income eligibility limit.	9383

(3) An assistance group that ceases to participate in the	9384
Ohio works first program established under Chapter 5107. of the	9385
Revised Code is eligible for transitional child care at any time	9386
during the immediately following twelve-month period that both of	9387
the following apply:	9388

(a) The assistance group requires child care due to	9389
employment;	9390

(b) The assistance group's income is not more than one	9391
hundred fifty per cent of the federal poverty line.	9392

An assistance group ineligible to participate in the Ohio	9393
works first program pursuant to section 5101.83 or section 5107.16	9394
of the Revised Code is not eligible for transitional child care.	9395

(B) To the extent permitted by federal law, a county	9396
department of job and family services may require a caretaker	9397
parent determined to be eligible for publicly funded child care to	9398
pay a fee according to the schedule of fees established in rules	9399
adopted under section 5104.38 of the Revised Code. Each county	9400
department shall make protective child care services available to	9401
children without regard to the income or assets of the caretaker	9402
parent of the child.	9403

(C) A caretaker parent receiving publicly funded child care	9404
shall report to the entity that determined eligibility any changes	9405
in status with respect to employment or participation in a program	9406
of education or training not later than ten calendar days after	9407
the change occurs.	9408

(D) If a county department of job and family services	9409
determines that available resources are not sufficient to provide	9410
publicly funded child care to all eligible families who request	9411
it, the county department may establish a waiting list. A county	9412
department may establish separate waiting lists within the waiting	9413
list based on income. When resources become available to provide	9414
publicly funded child care to families on the waiting list, a	9415
county department that establishes a waiting list shall assess the	9416
needs of the next family scheduled to receive publicly funded	9417
child care. If the assessment demonstrates that the family	9418
continues to need and is eligible for publicly funded child care,	9419
the county department shall offer it to the family. If the county	9420
department determines that the family is no longer eligible or no	9421
longer needs publicly funded child care, the county department	9422
shall remove the family from the waiting list.	9423

(E) As used in this section, "maximum income eligibility	9424
limit" means the amount of income specified in rules adopted under	9425
division (A) of section 5104.38 of the Revised Code or, if a	9426
county department of job and family services specifies a higher	9427
amount pursuant to rules adopted under division (B) of that	9428
section, the amount the county department specifies.	9429

Sec. 5104.35. (A) The county department of job and family	9430
services shall do all of the following:	9431

(1) Accept any gift, grant, or other funds from either public	9432
or private sources offered unconditionally or under conditions	9433
which are, in the judgment of the department, proper and	9434
consistent with this chapter and deposit the funds in the county	9435
public assistance fund established by section 5101.161 of the	9436
Revised Code;	9437

(2) Recruit individuals and groups interested in	9438
certification as in-home aides or in developing and operating	9439
suitable licensed ~~child day-care~~child-care centers, licensed type	9440
A family ~~day-care~~child-care homes, licensed type B family	9441
child-care homes, or certified type B family ~~day-care~~child-care	9442
homes, especially in areas with high concentrations of recipients	9443
of public assistance, and for that purpose provide consultation to	9444
interested individuals and groups on request;	9445

(3) Inform clients of the availability of child care	9446
services;	9447

(4) Pay to a ~~child day-care~~child-care center, type A family	9448
~~day-care~~child-care home, licensed type B family child-care home,	9449
certified type B family ~~day-care~~child-care home, in-home aide,	9450
approved child day camp, licensed preschool program, licensed	9451
school child program, or border state child care provider for	9452
child care services, the amount provided for in division (B) of	9453
section 5104.32 of the Revised Code. If part of the cost of care	9454
of a child is paid by the child's parent or any other person, the	9455
amount paid shall be subtracted from the amount the county	9456
department pays.	9457

(5) In accordance with rules adopted pursuant to section	9458
5104.39 of the Revised Code, provide monthly reports to the	9459
director of job and family services and the director of budget and	9460
management regarding expenditures for the purchase of publicly	9461
funded child care.	9462

(B) The county department of job and family services may do	9463
any of the following:	9464

(1) To the extent permitted by federal law, use public child	9465
care funds to extend the hours of operation of the county	9466
department to accommodate the needs of working caretaker parents	9467
and enable those parents to apply for publicly funded child care;	9468

(2) In accordance with rules adopted by the director of job	9469
and family services, request a waiver of the reimbursement ceiling	9470
established pursuant to section 5104.30 of the Revised Code for	9471
the purpose of paying a higher rate for publicly funded child care	9472
based upon the special needs of a child;	9473

(3) To the extent permitted by federal law, use state and	9474
federal funds to pay deposits and other advance payments that a	9475
provider of child care customarily charges all children who	9476
receive child care from that provider;	9477

(4) To the extent permitted by federal law, pay for up to	9478
thirty days of child care for a child whose caretaker parent is	9479
seeking employment, taking part in employment orientation	9480
activities, or taking part in activities in anticipation of	9481
enrollment or attendance in an education or training program or	9482
activity, if the employment or education or training program or	9483
activity is expected to begin within the thirty-day period.	9484

Sec. 5104.36. The licensee or administrator of a ~~child~~	9485
~~day-care~~child-care center or type A family ~~day-care~~child-care	9486
home, the licensed provider of a licensed type B family child-care	9487
home, the ~~authorized~~certified provider of a certified type B	9488
family ~~day-care~~child-care home, an in-home aide providing child	9489
care services, the director or administrator of an approved child	9490
day camp, and a border state child care provider shall keep a	9491
record for each eligible child, to be made available to the county	9492
department of job and family services or the department of job and	9493
family services on request. The record shall include all of the	9494
following:	9495

(A) The name and date of birth of the child;

9496

(B) The name and address of the child's caretaker parent;

9497

(C) The name and address of the caretaker parent's place of	9498
employment or program of education or training;	9499

(D) The hours for which child care services have been	9500
provided for the child;	9501

(E) Any other information required by the county department	9502
of job and family services or the state department of job and	9503
family services.	9504

Sec. 5104.38. In addition to any other rules adopted under	9505
this chapter, the director of job and family services shall adopt	9506
rules in accordance with Chapter 119. of the Revised Code	9507
governing financial and administrative requirements for publicly	9508
funded child care and establishing all of the following:	9509

(A) Procedures and criteria to be used in making	9510
determinations of eligibility for publicly funded child care that	9511
give priority to children of families with lower incomes and	9512
procedures and criteria for eligibility for publicly funded	9513
protective child care. The rules shall specify the maximum amount	9514
of income a family may have for initial and continued eligibility.	9515
The maximum amount shall not exceed two hundred per cent of the	9516
federal poverty line.	9517

(B) Procedures under which a county department of job and	9518
family services may, if the department, under division (A) of this	9519
section, specifies a maximum amount of income a family may have	9520
for eligibility for publicly funded child care that is less than	9521
the maximum amount specified in that division, specify a maximum	9522
amount of income a family residing in the county the county	9523
department serves may have for initial and continued eligibility	9524
for publicly funded child care that is higher than the amount	9525
specified by the department but does not exceed the maximum amount	9526
specified in division (A) of this section;	9527

(C) A schedule of fees requiring all eligible caretaker	9528
parents to pay a fee for publicly funded child care according to	9529
income and family size, which shall be uniform for all types of	9530
publicly funded child care, except as authorized by rule, and, to	9531
the extent permitted by federal law, shall permit the use of state	9532
and federal funds to pay the customary deposits and other advance	9533
payments that a provider charges all children who receive child	9534
care from that provider. The schedule of fees may not provide for	9535
a caretaker parent to pay a fee that exceeds ten per cent of the	9536
parent's family income.	9537

(D) A formula based upon a percentage of the county's total	9538
expenditures for publicly funded child care for determining the	9539
maximum amount of state and federal funds appropriated for	9540
publicly funded child care that a county department may use for	9541
administrative purposes;	9542

(E) Procedures to be followed by the department and county	9543
departments in recruiting individuals and groups to become	9544
providers of child care;	9545

(F) Procedures to be followed in establishing state or local	9546
programs designed to assist individuals who are eligible for	9547
publicly funded child care in identifying the resources available	9548
to them and to refer the individuals to appropriate sources to	9549
obtain child care;	9550

(G) Procedures to deal with fraud and abuse committed by	9551
either recipients or providers of publicly funded child care;	9552

(H) Procedures for establishing a child care grant or loan	9553
program in accordance with the child care block grant act;	9554

(I) Standards and procedures for applicants to apply for	9555
grants and loans, and for the department to make grants and loans;	9556

(J) A definition of "person who stands in loco parentis" for	9557
the purposes of division ~~(II)~~(NN)(1) of section 5104.01 of the	9558
Revised Code;	9559

(K) Procedures for a county department of job and family	9560
services to follow in making eligibility determinations and	9561
redeterminations for publicly funded child care available through	9562
telephone, computer, and other means at locations other than the	9563
county department;	9564

(L) Any other rules necessary to carry out sections 5104.30	9565
to 5104.39 of the Revised Code.	9566

Sec. 5104.99. (A) Whoever violates section 5104.02 of the	9567
Revised Code shall be punished as follows:	9568

(1) For each offense, the offender shall be fined not less	9569
than one hundred dollars nor more than five hundred dollars	9570
multiplied by the number of children receiving child care at the	9571
~~child day-care~~child-care center or, type A family ~~day-care~~	9572
child-care home, or type B family child-care home that ~~either~~	9573
exceeds the following:	9574

(a) If the offender is not licensed as a center, type A home,	9575
or type B home but is operating as a center, type A home, or type	9576
B home for which a license is required, the number of children to	9577
which a type B family ~~day-care~~ home may provide child care ~~or, if~~	9578
without a license;	9579

(b) If the offender is a licensed type B home that is	9580
operating as a type A home or center without being licensed as a	9581
center or type A home, the license capacity of the type B home;	9582

(c) If the offender is a licensed type A ~~family day-care~~ home	9583
that is operating as a ~~child day-care~~child-care center without	9584
being licensed as a center, ~~exceeds~~ the license capacity of the	9585
type A home.	9586

(2) In addition to the fine specified in division (A)(1) of	9587
this section, all of the following apply:	9588

(a) Except as provided in divisions (A)(2)(b), (c), and (d)	9589
of this section, the court shall order the offender to reduce the	9590
number of children to which it provides child care to a number	9591
that does not exceed ~~either~~the following:	9592

(i) If the offender is not licensed as a child-care center,	9593
type A family child-care home, or type B family child-care home	9594
but is operating as a center, type A home, or type B home for	9595
which a license is required, the number of children to which a	9596
type B family day-care home may provide child care ~~or, if~~without	9597
a license;	9598

(ii) If the offender is a licensed type B home that is	9599
operating as a type A home or center without being licensed as a	9600
center or type A home, the license capacity of the licensed type B	9601
home;	9602

(iii) If the offender is a licensed type A ~~family day-care~~	9603
home that is operating as a ~~child day-care~~ center without being	9604
licensed as a center, the license capacity of the type A home.	9605

(b) If the offender previously has been convicted of or	9606
pleaded guilty to one violation of section 5104.02 of the Revised	9607
Code, the court shall order the offender to cease the provision of	9608
child care to any person until it obtains a ~~child day-care~~	9609
child-care center license or, a type A family ~~day-care~~child-care	9610
home license, or a type B family child-care home license, as	9611
appropriate, under section 5104.03 of the Revised Code.	9612

(c) If the offender previously has been convicted of or	9613
pleaded guilty to two violations of section 5104.02 of the Revised	9614
Code, the offender is guilty of a misdemeanor of the first degree,	9615
and the court shall order the offender to cease the provision of	9616
child care to any person until it obtains a ~~child day-care~~	9617
child-care center license or, a type A family ~~day-care~~child-care	9618
home license, or a type B family child-care home license, as	9619
appropriate, under section 5104.03 of the Revised Code. The court	9620
shall impose the fine specified in division (A)(1) of this section	9621
and may impose an additional fine provided that the total amount	9622
of the fines so imposed does not exceed the maximum fine	9623
authorized for a misdemeanor of the first degree under section	9624
2929.28 of the Revised Code.	9625

(d) If the offender previously has been convicted of or	9626
pleaded guilty to three or more violations of section 5104.02 of	9627
the Revised Code, the offender is guilty of a felony of the fifth	9628
degree, and the court shall order the offender to cease the	9629
provision of child care to any person until it obtains a ~~child~~	9630
~~day-care~~child-care center license or, a type A family ~~day-care~~	9631
child-care home license, or a type B family child-care home	9632
license, as appropriate, under section 5104.03 of the Revised	9633
Code. The court shall impose the fine specified in division (A)(1)	9634
of this section and may impose an additional fine provided that	9635
the total amount of the fines so imposed does not exceed the	9636
maximum fine authorized for a felony of the fifth degree under	9637
section 2929.18 of the Revised Code.	9638

(B) Whoever violates ~~division (B) of~~ section ~~5104.09~~	9639
5104.0913 of the Revised Code is guilty of a misdemeanor of the	9640
first degree. If the offender is a licensee of a center or, type A	9641
home, or type B home, the conviction shall constitute grounds for	9642
denial, revocation, or refusal to renew an application for	9643
licensure pursuant to section 5104.04 of the Revised Code. If the	9644
offender is a person eighteen years of age or older residing in a	9645
center or, type A home, or type B home or is an employee of a	9646
center or, a type A home, or a type B home and if the licensee had	9647
knowledge of, and acquiesced in, the commission of the offense,	9648
the conviction shall constitute grounds for denial, revocation, or	9649
refusal to renew an application for licensure pursuant to section	9650
5104.04 of the Revised Code.	9651

(C) Whoever violates ~~division (C) of~~ section ~~5104.09~~5104.21	9652
of the Revised Code is guilty of a misdemeanor of the third	9653
degree.	9654

Sec. 5107.16. (A) If a member of an assistance group fails	9655
or refuses, without good cause, to comply in full with a provision	9656
of a self-sufficiency contract entered into under section 5107.14	9657
of the Revised Code, a county department of job and family	9658
services shall sanction the assistance group as follows:	9659

(1) For a first failure or refusal, the county department	9660
shall deny or terminate the assistance group's eligibility to	9661
participate in Ohio works first for one payment month or until the	9662
failure or refusal ceases, whichever is longer;	9663

(2) For a second failure or refusal, the county department	9664
shall deny or terminate the assistance group's eligibility to	9665
participate in Ohio works first for three payment months or until	9666
the failure or refusal ceases, whichever is longer;	9667

(3) For a third or subsequent failure or refusal, the county	9668
department shall deny or terminate the assistance group's	9669
eligibility to participate in Ohio works first for six payment	9670
months or until the failure or refusal ceases, whichever is	9671
longer.	9672

(B) Each county department of job and family services shall	9673
establish standards for the determination of good cause for	9674
failure or refusal to comply in full with a provision of a	9675
self-sufficiency contract.	9676

(1) In the case of a failure or refusal to participate in a	9677
work activity, developmental activity, or alternative work	9678
activity under sections 5107.40 to 5107.69 of the Revised Code,	9679
good cause shall include, except as provided in division (B)(2) of	9680
this section, the following:	9681

(a) Failure of the county department to place the member in	9682
an activity;	9683

(b) Failure of the county department to provide for the	9684
assistance group to receive support services the county department	9685
determines under section 5107.66 of the Revised Code to be	9686
necessary. In determining whether good cause exists, a county	9687
department shall determine that ~~day care~~child care is a necessary	9688
support service if a single custodial parent caring for a minor	9689
child under age six proves a demonstrated inability, as determined	9690
by the county department, to obtain needed child care for one or	9691
more of the following reasons:	9692

(i) Unavailability of appropriate child care within a	9693
reasonable distance from the parent's home or work site;	9694

(ii) Unavailability or unsuitability of informal child care	9695
by a relative or under other arrangements;	9696

(iii) Unavailability of appropriate and affordable formal	9697
child care arrangements.	9698

(2) Good cause does not exist if the member of the assistance	9699
group is placed in a work activity established under section	9700
5107.58 of the Revised Code and exhausts the support services	9701
available for that activity.	9702

(C) When a state hearing under division (B) of section	9703
5101.35 of the Revised Code or an administrative appeal under	9704
division (C) of that section is held regarding a sanction under	9705
this section, the hearing officer, director of job and family	9706
services, or director's designee shall base the decision in the	9707
hearing or appeal on the county department's standards of good	9708
cause for failure or refusal to comply in full with a provision of	9709
a self-sufficiency contract, if the county department provides the	9710
hearing officer, director, or director's designee a copy of the	9711
county department's good cause standards.	9712

(D) After sanctioning an assistance group under division (A)	9713
of this section, a county department of job and family services	9714
shall continue to work with the assistance group to provide the	9715
member of the assistance group who caused the sanction an	9716
opportunity to demonstrate to the county department a willingness	9717
to cease the failure or refusal to comply with the	9718
self-sufficiency contract.	9719

(E) An adult eligible for medical assistance pursuant to	9720
division (A)(1)(a) of section 5111.01 of the Revised Code who is	9721
sanctioned under division (A)(3) of this section for a failure or	9722
refusal, without good cause, to comply in full with a provision of	9723
a self-sufficiency contract related to work responsibilities under	9724
sections 5107.40 to 5107.69 of the Revised Code loses eligibility	9725
for medical assistance unless the adult is otherwise eligible for	9726
medical assistance pursuant to another division of section 5111.01	9727
of the Revised Code.	9728

(F) An assistance group that would be participating in Ohio	9729
works first if not for a sanction under this section shall	9730
continue to be eligible for all of the following:	9731

(1) Publicly funded child care in accordance with division	9732
(A)(3) of section 5104.30 of the Revised Code;	9733

(2) Support services in accordance with section 5107.66 of	9734
the Revised Code;	9735

(3) To the extent permitted by the "Fair Labor Standards Act	9736
of 1938," 52 Stat. 1060, 29 U.S.C.A. 201, as amended, to	9737
participate in work activities, developmental activities, and	9738
alternative work activities in accordance with sections 5107.40 to	9739
5107.69 of the Revised Code.	9740

Sec. 5107.60. In accordance with Title IV-A, federal	9741
regulations, state law, the Title IV-A state plan prepared under	9742
section 5101.80 of the Revised Code, and amendments to the plan,	9743
county departments of job and family services shall establish and	9744
administer the following work activities, in addition to the work	9745
activities established under sections 5107.50, 5107.52, 5107.54,	9746
and 5107.58 of the Revised Code, for minor heads of households and	9747
adults participating in Ohio works first:	9748

(A) Unsubsidized employment activities, including activities	9749
a county department determines are legitimate entrepreneurial	9750
activities;	9751

(B) On-the-job training activities, including training to	9752
become an employee of a ~~child day-care~~child-care center or type A	9753
family ~~day-care~~child-care home, ~~authorized~~certified provider of	9754
a certified type B family ~~day-care~~child-care home, licensed	9755
provider of a licensed type B family child-care home, or in-home	9756
aide;	9757

(C) Community service activities including a program under	9758
which a participant of Ohio works first who is the parent,	9759
guardian, custodian, or specified relative responsible for the	9760
care of a minor child enrolled in grade twelve or lower is	9761
involved in the minor child's education on a regular basis;	9762

(D) Vocational educational training activities;

9763

(E) Jobs skills training activities that are directly related	9764
to employment;	9765

(F) Education activities that are directly related to	9766
employment for participants who have not earned a high school	9767
diploma or high school equivalence diploma;	9768

(G) Education activities for participants who have not	9769
completed secondary school or received a high school equivalence	9770
diploma under which the participants attend a secondary school or	9771
a course of study leading to a high school equivalence diploma,	9772
including LEAP participation by a minor head of household;	9773

(H) Child-care service activities aiding another participant	9774
assigned to a community service activity or other work activity. A	9775
county department may provide for a participant assigned to this	9776
work activity to receive training necessary to provide child-care	9777
services.	9778

Sec. 5153.175. (A) Notwithstanding division (H)(1) of section	9779
2151.421, section 5153.17, and any other section of the Revised	9780
Code pertaining to confidentiality, when a public children	9781
services agency has determined that child abuse or neglect	9782
occurred and that abuse or neglect involves a person who has	9783
applied for licensure or renewal of licensure as a type A family	9784
~~day-care~~child-care home or type B family child-care home or	9785
certification or renewal of certification as a type B family	9786
~~day-care~~child-care home, the agency shall promptly provide to the	9787
department of job and family services or to a county department of	9788
job and family services any information the agency determines to	9789
be relevant for the purpose of evaluating the fitness of the	9790
person, including, but not limited to, both of the following:	9791

(1) A summary report of the chronology of abuse and neglect	9792
reports made pursuant to section 2151.421 of the Revised Code of	9793
which the person is the subject where the agency determined that	9794
abuse or neglect occurred and the final disposition of the	9795
investigation of the reports or, if the investigations have not	9796
been completed, the status of the investigations;	9797

(2) Any underlying documentation concerning those reports.

9798

(B) The agency shall not include in the information provided	9799
to the department or county department under division (A) of this	9800
section the name of the person or entity that made the report or	9801
participated in the making of the report of child abuse or	9802
neglect.	9803

(C) Upon provision of information under division (A) of this	9804
section, the agency shall notify the department or county	9805
department of both of the following:	9806

(1) That the information is confidential;

9807

(2) That unauthorized dissemination of the information is a	9808
violation of division (H)(2) of section 2151.421 of the Revised	9809
Code and any person who permits or encourages unauthorized	9810
dissemination of the information is guilty of a misdemeanor of the	9811
fourth degree pursuant to section 2151.99 of the Revised Code.	9812

Sec. 5747.35. (A) As used in this section, "pass-through	9813
entity" has the same meaning as in division (O) of section 5733.04	9814
of the Revised Code and includes a sole proprietorship.	9815

(B) A nonrefundable credit is allowed against the tax imposed	9816
by section 5747.02 of the Revised Code equal to the lesser of one	9817
hundred thousand dollars, or fifty per cent of the amount incurred	9818
by a pass-through entity for equipment, supplies, labor, and real	9819
property, including renovation of real property, used exclusively	9820
to establish a ~~child day-care~~child-care center. The credit is	9821
allowed only for the taxable year in which the ~~child day-care~~	9822
child-care center begins operations. The credit may be claimed	9823
only for a taxable year beginning after December 31, 1996, but	9824
beginning prior to January 1, 2003. However, the credit may be	9825
carried forward pursuant to division (C) of this section.	9826

The center must be licensed under section 5104.03 of the	9827
Revised Code, used exclusively by employees of the pass-through	9828
entity, and located at the employees' worksite. Amounts incurred	9829
for supplies that are to be used after the center begins	9830
operations may be included only with regard to supplies that are	9831
expected to last more than one year under normal usage. To be	9832
eligible for the credit, the entity must specify that an employee	9833
has the option of refusing to place the employee's child in the	9834
~~day-care~~child-care center established by the entity.	9835

(C) The amount of a taxpayer's credit is the taxpayer's	9836
proportionate share of the credit distributed by the pass-through	9837
entity. The taxpayer shall claim the credit in the order required	9838
under section 5747.98 of the Revised Code. The taxpayer may carry	9839
forward any credit amount in excess of its tax due under section	9840
5747.02 of the Revised Code in the taxable year in which the	9841
~~day-care~~child-care center begins operations, after allowing for	9842
any other credits that precede the credit under this section in	9843
the order required under section 5747.98 of the Revised Code, and	9844
shall deduct the amount of the excess credit allowed in any such	9845
year from the balance carried forward to the next taxable year.	9846
The credit may be carried forward for five taxable years following	9847
the taxable year for which the credit is claimed under division	9848
(B) of this section. However, if the pass-through entity disposes	9849
of the ~~day-care~~child-care center or ceases to operate it at any	9850
time during the five-year period, the taxpayer shall not claim or	9851
carry forward any credit in connection with that property in the	9852
taxable year of disposal or cessation of operation or in any	9853
ensuing taxable year.	9854

Sec. 5747.98. (A) To provide a uniform procedure for	9855
calculating the amount of tax due under section 5747.02 of the	9856
Revised Code, a taxpayer shall claim any credits to which the	9857
taxpayer is entitled in the following order:	9858

(1) The retirement income credit under division (B) of	9859
section 5747.055 of the Revised Code;	9860

(2) The senior citizen credit under division (C) of section	9861
5747.05 of the Revised Code;	9862

(3) The lump sum distribution credit under division (D) of	9863
section 5747.05 of the Revised Code;	9864

(4) The dependent care credit under section 5747.054 of the	9865
Revised Code;	9866

(5) The lump sum retirement income credit under division (C)	9867
of section 5747.055 of the Revised Code;	9868

(6) The lump sum retirement income credit under division (D)	9869
of section 5747.055 of the Revised Code;	9870

(7) The lump sum retirement income credit under division (E)	9871
of section 5747.055 of the Revised Code;	9872

(8) The low-income credit under section 5747.056 of the	9873
Revised Code;	9874

(9) The credit for displaced workers who pay for job training	9875
under section 5747.27 of the Revised Code;	9876

(10) The campaign contribution credit under section 5747.29	9877
of the Revised Code;	9878

(11) The twenty-dollar personal exemption credit under	9879
section 5747.022 of the Revised Code;	9880

(12) The joint filing credit under division (G) of section	9881
5747.05 of the Revised Code;	9882

(13) The nonresident credit under division (A) of section	9883
5747.05 of the Revised Code;	9884

(14) The credit for a resident's out-of-state income under	9885
division (B) of section 5747.05 of the Revised Code;	9886

(15) The credit for employers that enter into agreements with	9887
child day-care centers under section 5747.34 of the Revised Code;	9888

(16) The credit for employers that reimburse employee child	9889
care expenses under section 5747.36 of the Revised Code;	9890

(17) The credit for adoption of a minor child under section	9891
5747.37 of the Revised Code;	9892

(18) The credit for purchases of lights and reflectors under	9893
section 5747.38 of the Revised Code;	9894

(19) The job retention credit under division (B) of section	9895
5747.058 of the Revised Code;	9896

(20) The credit for purchases of new manufacturing machinery	9897
and equipment under section 5747.26 or section 5747.261 of the	9898
Revised Code;	9899

(21) The second credit for purchases of new manufacturing	9900
machinery and equipment and the credit for using Ohio coal under	9901
section 5747.31 of the Revised Code;	9902

(22) The job training credit under section 5747.39 of the	9903
Revised Code;	9904

(23) The enterprise zone credit under section 5709.66 of the	9905
Revised Code;	9906

(24) The credit for the eligible costs associated with a	9907
voluntary action under section 5747.32 of the Revised Code;	9908

(25) The credit for employers that establish on-site ~~child~~	9909
~~day-care~~child-care centers under section 5747.35 of the Revised	9910
Code;	9911

(26) The ethanol plant investment credit under section	9912
5747.75 of the Revised Code;	9913

(27) The credit for purchases of qualifying grape production	9914
property under section 5747.28 of the Revised Code;	9915

(28) The export sales credit under section 5747.057 of the	9916
Revised Code;	9917

(29) The credit for research and development and technology	9918
transfer investors under section 5747.33 of the Revised Code;	9919

(30) The enterprise zone credits under section 5709.65 of the	9920
Revised Code;	9921

(31) The research and development credit under section	9922
5747.331 of the Revised Code;	9923

(32) The refundable credit for rehabilitating a historic	9924
building under section 5747.76 of the Revised Code;	9925

(33) The refundable jobs creation credit under division (A)	9926
of section 5747.058 of the Revised Code;	9927

(34) The refundable credit for taxes paid by a qualifying	9928
entity granted under section 5747.059 of the Revised Code;	9929

(35) The refundable credits for taxes paid by a qualifying	9930
pass-through entity granted under division (J) of section 5747.08	9931
of the Revised Code;	9932

(36) The refundable credit for tax withheld under division	9933
(B)(1) of section 5747.062 of the Revised Code;	9934

(37) The refundable credit under section 5747.80 of the	9935
Revised Code for losses on loans made to the Ohio venture capital	9936
program under sections 150.01 to 150.10 of the Revised Code.	9937

(B) For any credit, except the credits enumerated in	9938
divisions (A)(32) to (37) of this section and the credit granted	9939
under division (I) of section 5747.08 of the Revised Code, the	9940
amount of the credit for a taxable year shall not exceed the tax	9941
due after allowing for any other credit that precedes it in the	9942
order required under this section. Any excess amount of a	9943
particular credit may be carried forward if authorized under the	9944
section creating that credit. Nothing in this chapter shall be	9945
construed to allow a taxpayer to claim, directly or indirectly, a	9946
credit more than once for a taxable year.	9947

Section 2. That existing sections 109.57, 109.572, 349.01,	9948
921.06, 2151.011, 2151.421, 2907.08, 2919.223, 2919.224, 2919.225,	9949
2919.226, 2923.124, 2923.126, 2923.1212, 2950.11, 2950.13,	9950
3109.051, 3301.52, 3301.53, 3301.58, 3321.01, 3325.07, 3701.80,	9951
3714.03, 3717.42, 3737.22, 3737.83, 3737.841, 3742.01, 3781.06,	9952
3781.10, 3797.06, 4511.01, 4511.81, 4513.182, 5101.29, 5103.03,	9953
5104.01, 5104.011, 5104.014, 5104.015, 5104.02, 5104.021, 5104.03,	9954
5104.04, 5104.05, 5104.051, 5104.052, 5104.053, 5104.054, 5104.06,	9955
5104.07, 5104.08, 5104.09, 5104.11, 5104.13, 5104.20, 5104.21,	9956
5104.22, 5104.30, 5104.301, 5104.31, 5104.32, 5104.34, 5104.35,	9957
5104.36, 5104.38, 5104.99, 5107.16, 5107.60, 5153.175, 5747.35,	9958
and 5747.98 and sections 5104.012, 5104.013, and 5104.09 of the	9959
Revised Code are hereby repealed.	9960

Section 3. The Revised Code sections cited in the Ohio	9961
Administrative Code as the authority for any rules adopted under	9962
Chapter 5104. of the Revised Code shall be deemed to be the	9963
Revised Code sections as renumbered by this act. The Director of	9964
Job and Family Services is not required to amend any rule	9965
previously adopted under Chapter 5104. of the Revised Code for the	9966
sole purpose of changing the citation of the Revised Code section	9967
that authorizes the rule.	9968

Section 4. Section 109.572 of the Revised Code is presented	9969
in this act as a composite of the section as amended by both Am.	9970
Sub. S.B. 185 and Am. Sub. S.B. 238 of the 126th General Assembly.	9971
Section 4511.01 of the Revised Code is presented in this act as a	9972
composite of the section as amended by both Sub. H.B. 230 and Sub.	9973
H.B. 52 of the 125th General Assembly. The General Assembly,	9974
applying the principle stated in division (B) of section 1.52 of	9975
the Revised Code that amendments are to be harmonized if	9976
reasonably capable of simultaneous operation, finds that the	9977
composites are the resulting version of the sections in effect	9978
prior to the effective date of the sections as presented in this	9979
act.	9980