As Reported by the Senate Health, Human Services and Aging Committee

127th General Assembly Regular Session 2007-2008

Sub. H. B. No. 7

Representative Brinkman 

Cosponsors: Representatives Yuko, Hottinger, Huffman, Webster, Jones, DeBose, Letson, Williams, B., Wachtmann, Hagan, R., Adams, Aslanides, Batchelder, Blessing, Boyd, Budish, Celeste, Chandler, Coley, Collier, Combs, Daniels, DeGeeter, Dodd, Dolan, Domenick, Driehaus, Evans, Flowers, Gardner, Gibbs, Goyal, Hagan, J., Heard, Hite, Mallory, Mandel, McGregor, J., Mecklenborg, Newcomb, Oelslager, Patton, Raussen, Sayre, Schindel, Schlichter, Schneider, Setzer, Slesnick, Stebelton, Stewart, J., Uecker, White, Widowfield, Zehringer 

Senators Wagoner, Morano, Padgett, Miller, D., Seitz 

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A BILL

To amend sections 2151.353, 2151.361, 2151.414,

1

2151.415, 3107.012, 3107.031, 3107.033, 3107.055,

2

3107.06, 3107.07, 3107.101, 3107.11, 3107.14,

3

3107.60, 3107.66, 3313.6011, 3317.024, 5103.03,

4

5107.30, and 5153.122 of the Revised Code

5

regarding adoption law and custody of an

6

abused, neglected, or dependent child.

7

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

Section 1. That sections 2151.353, 2151.361, 2151.414,	8
2151.415, 3107.012, 3107.031, 3107.033, 3107.055, 3107.06,	9
3107.07, 3107.101, 3107.11, 3107.14, 3107.60, 3107.66, 3313.6011,	10
3317.024, 5103.03, 5107.30, and 5153.122 of the Revised Code be	11
amended to read as follows:	12

Sec. 2151.353.  (A) If a child is adjudicated an abused,	13
neglected, or dependent child, the court may make any of the	14
following orders of disposition:	15

(1) Place the child in protective supervision;

16

(2) Commit the child to the temporary custody of a public	17
children services agency, a private child placing agency, either	18
parent, a relative residing within or outside the state, or a	19
probation officer for placement in a certified foster home, or in	20
any other home approved by the court;	21

(3) Award legal custody of the child to either parent or to	22
any other person who, prior to the dispositional hearing, files a	23
motion requesting legal custody of the child or is identified as a	24
proposed legal custodian in a complaint or motion filed prior to	25
the dispositional hearing by any party to the proceedings. A	26
person identified in a complaint or motion filed by a party to the	27
proceedings as a proposed legal custodian shall be awarded legal	28
custody of the child only if the person identified signs a	29
statement of understanding for legal custody that contains at	30
least the following provisions:	31

(a) That it is the intent of the person to become the legal	32
custodian of the child and the person is able to assume legal	33
responsibility for the care and supervision of the child;	34

(b) That the person understands that legal custody of the	35
child in question is intended to be permanent in nature and that	36
the person will be responsible as the custodian for the child	37
until the child reaches the age of majority. Responsibility as	38
custodian for the child shall continue beyond the age of majority	39
if, at the time the child reaches the age of majority, the child	40
is pursuing a diploma granted by the board of education or other	41
governing authority, successful completion of the curriculum of	42
any high school, successful completion of an individualized	43
education program developed for the student by any high school, or	44
an age and schooling certificate. Responsibility beyond the age of	45
majority shall terminate when the child ceases to continuously	46
pursue such an education, completes such an education, or is	47
excused from such an education under standards adopted by the	48
state board of education, whichever occurs first.	49

(c) That the parents of the child have residual parental	50
rights, privileges, and responsibilities, including, but not	51
limited to, the privilege of reasonable visitation, consent to	52
adoption, the privilege to determine the child's religious	53
affiliation, and the responsibility for support;	54

(d) That the person understands that the person must be	55
present in court for the dispositional hearing in order to affirm	56
the person's intention to become legal custodian, to affirm that	57
the person understands the effect of the custodianship before the	58
court, and to answer any questions that the court or any parties	59
to the case may have.	60

(4) Commit the child to the permanent custody of a public	61
children services agency or private child placing agency, if the	62
court determines in accordance with division (E) of section	63
2151.414 of the Revised Code that the child cannot be placed with	64
one of the child's parents within a reasonable time or should not	65
be placed with either parent and determines in accordance with	66
division (D)(1) of section 2151.414 of the Revised Code that the	67
permanent commitment is in the best interest of the child. If the	68
court grants permanent custody under this division, the court,	69
upon the request of any party, shall file a written opinion	70
setting forth its findings of fact and conclusions of law in	71
relation to the proceeding.	72

(5) Place the child in a planned permanent living	73
arrangement with a public children services agency or private	74
child placing agency, if a public children services agency or	75
private child placing agency requests the court to place the	76
child in a planned permanent living arrangement and if the court	77
finds, by clear and convincing evidence, that a planned permanent	78
living arrangement is in the best interest of the child and that	79
one of the following exists:	80

(a) The child, because of physical, mental, or psychological	81
problems or needs, is unable to function in a family-like setting	82
and must remain in residential or institutional care now and for	83
the foreseeable future beyond the date of the dispositional	84
hearing held pursuant to section 2151.35 of the Revised Code.	85

(b) The parents of the child have significant physical,	86
mental, or psychological problems and are unable to care for the	87
child because of those problems, adoption is not in the best	88
interest of the child, as determined in accordance with division	89
(D)(1) of section 2151.414 of the Revised Code, and the child	90
retains a significant and positive relationship with a parent or	91
relative.	92

(c) The child is sixteen years of age or older, has been	93
counseled on the permanent placement options available to the	94
child, is unwilling to accept or unable to adapt to a permanent	95
placement, and is in an agency program preparing the child for	96
independent living.	97

(6) Order the removal from the child's home until further	98
order of the court of the person who committed abuse as described	99
in section 2151.031 of the Revised Code against the child, who	100
caused or allowed the child to suffer neglect as described in	101
section 2151.03 of the Revised Code, or who is the parent,	102
guardian, or custodian of a child who is adjudicated a dependent	103
child and order any person not to have contact with the child or	104
the child's siblings.	105

(B) No order for permanent custody or temporary custody of a	106
child or the placement of a child in a planned permanent living	107
arrangement shall be made pursuant to this section unless the	108
complaint alleging the abuse, neglect, or dependency contains a	109
prayer requesting permanent custody, temporary custody, or the	110
placement of the child in a planned permanent living arrangement	111
as desired, the summons served on the parents of the child	112
contains as is appropriate a full explanation that the granting of	113
an order for permanent custody permanently divests them of their	114
parental rights, a full explanation that an adjudication that the	115
child is an abused, neglected, or dependent child may result in an	116
order of temporary custody that will cause the removal of the	117
child from their legal custody until the court terminates the	118
order of temporary custody or permanently divests the parents of	119
their parental rights, or a full explanation that the granting of	120
an order for a planned permanent living arrangement will result in	121
the removal of the child from their legal custody if any of the	122
conditions listed in divisions (A)(5)(a) to (c) of this section	123
are found to exist, and the summons served on the parents contains	124
a full explanation of their right to be represented by counsel and	125
to have counsel appointed pursuant to Chapter 120. of the Revised	126
Code if they are indigent.	127

If after making disposition as authorized by division (A)(2)	128
of this section, a motion is filed that requests permanent custody	129
of the child, the court may grant permanent custody of the child	130
to the movant in accordance with section 2151.414 of the Revised	131
Code.	132

(C) If the court issues an order for protective supervision	133
pursuant to division (A)(1) of this section, the court may place	134
any reasonable restrictions upon the child, the child's parents,	135
guardian, or custodian, or any other person, including, but not	136
limited to, any of the following:	137

(1) Order a party, within forty-eight hours after the	138
issuance of the order, to vacate the child's home indefinitely or	139
for a specified period of time;	140

(2) Order a party, a parent of the child, or a physical	141
custodian of the child to prevent any particular person from	142
having contact with the child;	143

(3) Issue an order restraining or otherwise controlling the	144
conduct of any person which conduct would not be in the best	145
interest of the child.	146

(D) As part of its dispositional order, the court shall	147
journalize a case plan for the child. The journalized case plan	148
shall not be changed except as provided in section 2151.412 of the	149
Revised Code.	150

(E)(1) The court shall retain jurisdiction over any child for	151
whom the court issues an order of disposition pursuant to division	152
(A) of this section or pursuant to section 2151.414 or 2151.415 of	153
the Revised Code until the child attains the age of eighteen years	154
if the child is not mentally retarded, developmentally disabled,	155
or physically impaired, the child attains the age of twenty-one	156
years if the child is mentally retarded, developmentally disabled,	157
or physically impaired, or the child is adopted and a final	158
decree of adoption is issued, except that the court may retain	159
jurisdiction over the child and continue any order of disposition	160
under division (A) of this section or under section 2151.414 or	161
2151.415 of the Revised Code for a specified period of time to	162
enable the child to graduate from high school or vocational	163
school. The court shall make an entry continuing its jurisdiction	164
under this division in the journal.	165

(2) Any public children services agency, any private child	166
placing agency, the department of job and family services, or any	167
party, other than any parent whose parental rights with respect to	168
the child have been terminated pursuant to an order issued under	169
division (A)(4) of this section, by filing a motion with the	170
court, may at any time request the court to modify or terminate	171
any order of disposition issued pursuant to division (A) of this	172
section or section 2151.414 or 2151.415 of the Revised Code. The	173
court shall hold a hearing upon the motion as if the hearing were	174
the original dispositional hearing and shall give all parties to	175
the action and the guardian ad litem notice of the hearing	176
pursuant to the Juvenile Rules. If applicable, the court shall	177
comply with section 2151.42 of the Revised Code.	178

(F) Any temporary custody order issued pursuant to division	179
(A) of this section shall terminate one year after the earlier of	180
the date on which the complaint in the case was filed or the child	181
was first placed into shelter care, except that, upon the filing	182
of a motion pursuant to section 2151.415 of the Revised Code, the	183
temporary custody order shall continue and not terminate until	184
the court issues a dispositional order under that section. In	185
resolving the motion, the court shall not order an existing	186
temporary custody order to continue beyond two years after the	187
date on which the complaint was filed or the child was first	188
placed into shelter care, whichever date is earlier, regardless of	189
whether any extensions have been previously ordered pursuant to	190
division (D) of section 2151.415 of the Revised Code.	191

(G)(1) No later than one year after the earlier of the date	192
the complaint in the case was filed or the child was first placed	193
in shelter care, a party may ask the court to extend an order for	194
protective supervision for six months or to terminate the order.	195
A party requesting extension or termination of the order shall	196
file a written request for the extension or termination with the	197
court and give notice of the proposed extension or termination in	198
writing before the end of the day after the day of filing it to	199
all parties and the child's guardian ad litem. If a public	200
children services agency or private child placing agency requests	201
termination of the order, the agency shall file a written status	202
report setting out the facts supporting termination of the order	203
at the time it files the request with the court. If no party	204
requests extension or termination of the order, the court shall	205
notify the parties that the court will extend the order for six	206
months or terminate it and that it may do so without a hearing	207
unless one of the parties requests a hearing. All parties and the	208
guardian ad litem shall have seven days from the date a notice is	209
sent pursuant to this division to object to and request a hearing	210
on the proposed extension or termination.	211

(a) If it receives a timely request for a hearing, the court	212
shall schedule a hearing to be held no later than thirty days	213
after the request is received by the court. The court shall give	214
notice of the date, time, and location of the hearing to all	215
parties and the guardian ad litem. At the hearing, the court	216
shall determine whether extension or termination of the order is	217
in the child's best interest. If termination is in the child's	218
best interest, the court shall terminate the order. If extension	219
is in the child's best interest, the court shall extend the order	220
for six months.	221

(b) If it does not receive a timely request for a hearing,	222
the court may extend the order for six months or terminate it	223
without a hearing and shall journalize the order of extension or	224
termination not later than fourteen days after receiving the	225
request for extension or termination or after the date the court	226
notifies the parties that it will extend or terminate the order.	227
If the court does not extend or terminate the order, it shall	228
schedule a hearing to be held no later than thirty days after the	229
expiration of the applicable fourteen-day time period and give	230
notice of the date, time, and location of the hearing to all	231
parties and the child's guardian ad litem. At the hearing, the	232
court shall determine whether extension or termination of the	233
order is in the child's best interest. If termination is in the	234
child's best interest, the court shall terminate the order. If	235
extension is in the child's best interest, the court shall issue	236
an order extending the order for protective supervision six	237
months.	238

(2) If the court grants an extension of the order for	239
protective supervision pursuant to division (G)(1) of this	240
section, a party may, prior to termination of the extension, file	241
with the court a request for an additional extension of six months	242
or for termination of the order. The court and the parties shall	243
comply with division (G)(1) of this section with respect to	244
extending or terminating the order.	245

(3) If a court grants an extension pursuant to division	246
(G)(2) of this section, the court shall terminate the order for	247
protective supervision at the end of the extension.	248

(H) The court shall not issue a dispositional order pursuant	249
to division (A) of this section that removes a child from the	250
child's home unless the court complies with section 2151.419 of	251
the Revised Code and includes in the dispositional order the	252
findings of fact required by that section.	253

(I) If a motion or application for an order described in	254
division (A)(6) of this section is made, the court shall not issue	255
the order unless, prior to the issuance of the order, it provides	256
to the person all of the following:	257

(1) Notice and a copy of the motion or application;

258

(2) The grounds for the motion or application;

259

(3) An opportunity to present evidence and witnesses at a	260
hearing regarding the motion or application;	261

(4) An opportunity to be represented by counsel at the	262
hearing.	263

(J) The jurisdiction of the court shall terminate one year	264
after the date of the award or, if the court takes any further	265
action in the matter subsequent to the award, the date of the	266
latest further action subsequent to the award, if the court awards	267
legal custody of a child to either of the following:	268

(1) A legal custodian who, at the time of the award of legal	269
custody, resides in a county of this state other than the county	270
in which the court is located;	271

(2) A legal custodian who resides in the county in which the	272
court is located at the time of the award of legal custody, but	273
moves to a different county of this state prior to one year after	274
the date of the award or, if the court takes any further action in	275
the matter subsequent to the award, one year after the date of the	276
latest further action subsequent to the award.	277

The court in the county in which the legal custodian resides	278
then shall have jurisdiction in the matter.	279

Sec. 2151.361. (A) If the parents of a child enter into an	280
agreement with a public children services agency or private child	281
placing agency to place the child into the temporary custody of	282
the agency or the child is committed as provided by this chapter,	283
the juvenile court, at its discretion, may issue an order pursuant	284
to Chapters 3119., 3121., 3123., and 3125. of the Revised Code	285
requiring that the parents pay for the care, support, maintenance,	286
and education of the child if the parents adopted the child.	287

(B) When determining whether to issue an order under division	288
(A) of this section, the juvenile court shall consider all	289
pertinent issues, including, but not limited to, all of the	290
following:	291

(1) The ability of the parents to pay for the care, support,	292
maintenance, and education of the child;	293

(2) The chances for reunification of the parents and child;

294

(3) Whether issuing the order will encourage the	295
reunification of the parents and child or undermine that	296
reunification;	297

(4) Whether the problem underlying the agreement to place the	298
child into temporary custody existed prior to the parents'	299
adoption of the child and whether the parents were informed of the	300
problem prior to that adoption;	301

(5) Whether the problem underlying the agreement to place the	302
child into temporary custody began after the parents' adoption of	303
the child;	304

(6) Whether the parents have contributed to the child's	305
problems;	306

(7) Whether the parents are part of the solution to the	307
child's problems;	308

(8) The ability of the parents to meet the needs of all	309
other children residing in the home.	310

Sec. 2151.414.  (A)(1) Upon the filing of a motion pursuant	311
to section 2151.413 of the Revised Code for permanent custody of a	312
child, the court shall schedule a hearing and give notice of the	313
filing of the motion and of the hearing, in accordance with	314
section 2151.29 of the Revised Code, to all parties to the action	315
and to the child's guardian ad litem. The notice also shall	316
contain a full explanation that the granting of permanent custody	317
permanently divests the parents of their parental rights, a full	318
explanation of their right to be represented by counsel and to	319
have counsel appointed pursuant to Chapter 120. of the Revised	320
Code if they are indigent, and the name and telephone number of	321
the court employee designated by the court pursuant to section	322
2151.314 of the Revised Code to arrange for the prompt appointment	323
of counsel for indigent persons.	324

The court shall conduct a hearing in accordance with section	325
2151.35 of the Revised Code to determine if it is in the best	326
interest of the child to permanently terminate parental rights and	327
grant permanent custody to the agency that filed the motion. The	328
adjudication that the child is an abused, neglected, or dependent	329
child and any dispositional order that has been issued in the case	330
under section 2151.353 of the Revised Code pursuant to the	331
adjudication shall not be readjudicated at the hearing and shall	332
not be affected by a denial of the motion for permanent custody.	333

(2) The court shall hold the hearing scheduled pursuant to	334
division (A)(1) of this section not later than one hundred twenty	335
days after the agency files the motion for permanent custody,	336
except that, for good cause shown, the court may continue the	337
hearing for a reasonable period of time beyond the	338
one-hundred-twenty-day deadline. The court shall issue an order	339
that grants, denies, or otherwise disposes of the motion for	340
permanent custody, and journalize the order, not later than two	341
hundred days after the agency files the motion.	342

If a motion is made under division (D)(2) of section 2151.413	343
of the Revised Code and no dispositional hearing has been held in	344
the case, the court may hear the motion in the dispositional	345
hearing required by division (B) of section 2151.35 of the Revised	346
Code. If the court issues an order pursuant to section 2151.353 of	347
the Revised Code granting permanent custody of the child to the	348
agency, the court shall immediately dismiss the motion made under	349
division (D)(2) of section 2151.413 of the Revised Code.	350

The failure of the court to comply with the time periods set	351
forth in division (A)(2) of this section does not affect the	352
authority of the court to issue any order under this chapter and	353
does not provide any basis for attacking the jurisdiction of the	354
court or the validity of any order of the court.	355

(B)(1) Except as provided in division (B)(2) of this section,	356
the court may grant permanent custody of a child to a movant if	357
the court determines at the hearing held pursuant to division (A)	358
of this section, by clear and convincing evidence, that it is in	359
the best interest of the child to grant permanent custody of the	360
child to the agency that filed the motion for permanent custody	361
and that any of the following apply:	362

(a) The child is not abandoned or orphaned, has not been in	363
the temporary custody of one or more public children services	364
agencies or private child placing agencies for twelve or more	365
months of a consecutive twenty-two-month period, or has not been	366
in the temporary custody of one or more public children services	367
agencies or private child placing agencies for twelve or more	368
months of a consecutive twenty-two-month period if, as described	369
in division (D)(1) of section 2151.413 of the Revised Code, the	370
child was previously in the temporary custody of an equivalent	371
agency in another state, and the child cannot be placed with	372
either of the child's parents within a reasonable time or should	373
not be placed with the child's parents.	374

(b) The child is abandoned.

375

(c) The child is orphaned, and there are no relatives of the	376
child who are able to take permanent custody.	377

(d) The child has been in the temporary custody of one or	378
more public children services agencies or private child placing	379
agencies for twelve or more months of a consecutive	380
twenty-two-month period, or the child has been in the temporary	381
custody of one or more public children services agencies or	382
private child placing agencies for twelve or more months of a	383
consecutive twenty-two-month period and, as described in division	384
(D)(1) of section 2151.413 of the Revised Code, the child was	385
previously in the temporary custody of an equivalent agency in	386
another state.	387

For the purposes of division (B)(1) of this section, a child	388
shall be considered to have entered the temporary custody of an	389
agency on the earlier of the date the child is adjudicated	390
pursuant to section 2151.28 of the Revised Code or the date that	391
is sixty days after the removal of the child from home.	392

(2) With respect to a motion made pursuant to division (D)(2)	393
of section 2151.413 of the Revised Code, the court shall grant	394
permanent custody of the child to the movant if the court	395
determines in accordance with division (E) of this section that	396
the child cannot be placed with one of the child's parents within	397
a reasonable time or should not be placed with either parent and	398
determines in accordance with division (D) of this section that	399
permanent custody is in the child's best interest.	400

(C) In making the determinations required by this section or	401
division (A)(4) of section 2151.353 of the Revised Code, a court	402
shall not consider the effect the granting of permanent custody to	403
the agency would have upon any parent of the child. A written	404
report of the guardian ad litem of the child shall be submitted to	405
the court prior to or at the time of the hearing held pursuant to	406
division (A) of this section or section 2151.35 of the Revised	407
Code but shall not be submitted under oath.	408

If the court grants permanent custody of a child to a movant	409
under this division, the court, upon the request of any party,	410
shall file a written opinion setting forth its findings of fact	411
and conclusions of law in relation to the proceeding. The court	412
shall not deny an agency's motion for permanent custody solely	413
because the agency failed to implement any particular aspect of	414
the child's case plan.	415

(D)(1) In determining the best interest of a child at a	416
hearing held pursuant to division (A) of this section or for the	417
purposes of division (A)(4) or (5) of section 2151.353 or	418
division (C) of section 2151.415 of the Revised Code, the court	419
shall consider all relevant factors, including, but not limited	420
to, the following:	421

(1)(a) The interaction and interrelationship of the child	422
with the child's parents, siblings, relatives, foster caregivers	423
and out-of-home providers, and any other person who may	424
significantly affect the child;	425

(2)(b) The wishes of the child, as expressed directly by the	426
child or through the child's guardian ad litem, with due regard	427
for the maturity of the child;	428

(3)(c) The custodial history of the child, including whether	429
the child has been in the temporary custody of one or more public	430
children services agencies or private child placing agencies for	431
twelve or more months of a consecutive twenty-two-month period, or	432
the child has been in the temporary custody of one or more public	433
children services agencies or private child placing agencies for	434
twelve or more months of a consecutive twenty-two-month period	435
and, as described in division (D)(1) of section 2151.413 of the	436
Revised Code, the child was previously in the temporary custody	437
of an equivalent agency in another state;	438

(4)(d) The child's need for a legally secure permanent	439
placement and whether that type of placement can be achieved	440
without a grant of permanent custody to the agency;	441

(5)(e) Whether any of the factors in divisions (E)(7) to (11)	442
of this section apply in relation to the parents and child.	443

For the purposes of this division (D)(1) of this section, a	444
child shall be considered to have entered the temporary custody	445
of an agency on the earlier of the date the child is adjudicated	446
pursuant to section 2151.28 of the Revised Code or the date that	447
is sixty days after the removal of the child from home.	448

(2) If all of the following apply, permanent custody is in	449
the best interest of the child and the court shall commit the	450
child to the permanent custody of a public children services	451
agency or private child placing agency:	452

(a) The court determines by clear and convincing evidence	453
that one or more of the factors in division (E) of this section	454
exist and the child cannot be placed with one of the child's	455
parents within a reasonable time or should not be placed with	456
either parent.	457

(b) The child has been in an agency's custody for two years	458
or longer, and no longer qualifies for temporary custody pursuant	459
to division (D) of section 2151.415 of the Revised Code.	460

(c) The child does not meet the requirements for a planned	461
permanent living arrangement pursuant to division (A)(5) of	462
section 2151.353 of the Revised Code.	463

(d) Prior to the dispositional hearing, no relative or other	464
interested person has filed, or has been identified in, a motion	465
for legal custody of the child.	466

(E) In determining at a hearing held pursuant to division (A)	467
of this section or for the purposes of division (A)(4) of section	468
2151.353 of the Revised Code whether a child cannot be placed with	469
either parent within a reasonable period of time or should not be	470
placed with the parents, the court shall consider all relevant	471
evidence. If the court determines, by clear and convincing	472
evidence, at a hearing held pursuant to division (A) of this	473
section or for the purposes of division (A)(4) of section 2151.353	474
of the Revised Code that one or more of the following exist as to	475
each of the child's parents, the court shall enter a finding that	476
the child cannot be placed with either parent within a reasonable	477
time or should not be placed with either parent:	478

(1) Following the placement of the child outside the child's	479
home and notwithstanding reasonable case planning and diligent	480
efforts by the agency to assist the parents to remedy the problems	481
that initially caused the child to be placed outside the home, the	482
parent has failed continuously and repeatedly to substantially	483
remedy the conditions causing the child to be placed outside the	484
child's home. In determining whether the parents have	485
substantially remedied those conditions, the court shall consider	486
parental utilization of medical, psychiatric, psychological, and	487
other social and rehabilitative services and material resources	488
that were made available to the parents for the purpose of	489
changing parental conduct to allow them to resume and maintain	490
parental duties.	491

(2) Chronic mental illness, chronic emotional illness, mental	492
retardation, physical disability, or chemical dependency of the	493
parent that is so severe that it makes the parent unable to	494
provide an adequate permanent home for the child at the present	495
time and, as anticipated, within one year after the court holds	496
the hearing pursuant to division (A) of this section or for the	497
purposes of division (A)(4) of section 2151.353 of the Revised	498
Code;	499

(3) The parent committed any abuse as described in section	500
2151.031 of the Revised Code against the child, caused the child	501
to suffer any neglect as described in section 2151.03 of the	502
Revised Code, or allowed the child to suffer any neglect as	503
described in section 2151.03 of the Revised Code between the date	504
that the original complaint alleging abuse or neglect was filed	505
and the date of the filing of the motion for permanent custody;	506

(4) The parent has demonstrated a lack of commitment toward	507
the child by failing to regularly support, visit, or communicate	508
with the child when able to do so, or by other actions showing an	509
unwillingness to provide an adequate permanent home for the child;	510

(5) The parent is incarcerated for an offense committed	511
against the child or a sibling of the child;	512

(6) The parent has been convicted of or pleaded guilty to an	513
offense under division (A) or (C) of section 2919.22 or under	514
section 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.03,	515
2905.04, 2905.05, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	516
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	517
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.24,	518
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, or 3716.11 of the	519
Revised Code and the child or a sibling of the child was a victim	520
of the offense or the parent has been convicted of or pleaded	521
guilty to an offense under section 2903.04 of the Revised Code, a	522
sibling of the child was the victim of the offense, and the parent	523
who committed the offense poses an ongoing danger to the child or	524
a sibling of the child.	525

(7) The parent has been convicted of or pleaded guilty to one	526
of the following:	527

(a) An offense under section 2903.01, 2903.02, or 2903.03 of	528
the Revised Code or under an existing or former law of this state,	529
any other state, or the United States that is substantially	530
equivalent to an offense described in those sections and the	531
victim of the offense was a sibling of the child or the victim was	532
another child who lived in the parent's household at the time of	533
the offense;	534

(b) An offense under section 2903.11, 2903.12, or 2903.13 of	535
the Revised Code or under an existing or former law of this state,	536
any other state, or the United States that is substantially	537
equivalent to an offense described in those sections and the	538
victim of the offense is the child, a sibling of the child, or	539
another child who lived in the parent's household at the time of	540
the offense;	541

(c) An offense under division (B)(2) of section 2919.22 of	542
the Revised Code or under an existing or former law of this state,	543
any other state, or the United States that is substantially	544
equivalent to the offense described in that section and the child,	545
a sibling of the child, or another child who lived in the parent's	546
household at the time of the offense is the victim of the offense;	547

(d) An offense under section 2907.02, 2907.03, 2907.04,	548
2907.05, or 2907.06 of the Revised Code or under an existing or	549
former law of this state, any other state, or the United States	550
that is substantially equivalent to an offense described in those	551
sections and the victim of the offense is the child, a sibling of	552
the child, or another child who lived in the parent's household at	553
the time of the offense;	554

(e) A conspiracy or attempt to commit, or complicity in	555
committing, an offense described in division (E)(7)(a) or (d) of	556
this section.	557

(8) The parent has repeatedly withheld medical treatment or	558
food from the child when the parent has the means to provide the	559
treatment or food, and, in the case of withheld medical treatment,	560
the parent withheld it for a purpose other than to treat the	561
physical or mental illness or defect of the child by spiritual	562
means through prayer alone in accordance with the tenets of a	563
recognized religious body.	564

(9) The parent has placed the child at substantial risk of	565
harm two or more times due to alcohol or drug abuse and has	566
rejected treatment two or more times or refused to participate in	567
further treatment two or more times after a case plan issued	568
pursuant to section 2151.412 of the Revised Code requiring	569
treatment of the parent was journalized as part of a dispositional	570
order issued with respect to the child or an order was issued by	571
any other court requiring treatment of the parent.	572

(10) The parent has abandoned the child.

573

(11) The parent has had parental rights involuntarily	574
terminated with respect to a sibling of the child pursuant to	575
this section or section 2151.353 or 2151.415 of the Revised Code,	576
or under an existing or former law of this state, any other	577
state, or the United States that is substantially equivalent to	578
those sections, and the parent has failed to provide clear and	579
convincing evidence to prove that, notwithstanding the prior	580
termination, the parent can provide a legally secure permanent	581
placement and adequate care for the health, welfare, and safety	582
of the child.	583

(12) The parent is incarcerated at the time of the filing of	584
the motion for permanent custody or the dispositional hearing of	585
the child and will not be available to care for the child for at	586
least eighteen months after the filing of the motion for permanent	587
custody or the dispositional hearing.	588

(13) The parent is repeatedly incarcerated, and the repeated	589
incarceration prevents the parent from providing care for the	590
child.	591

(14) The parent for any reason is unwilling to provide food,	592
clothing, shelter, and other basic necessities for the child or to	593
prevent the child from suffering physical, emotional, or sexual	594
abuse or physical, emotional, or mental neglect.	595

(15) The parent has committed abuse as described in section	596
2151.031 of the Revised Code against the child or caused or	597
allowed the child to suffer neglect as described in section	598
2151.03 of the Revised Code, and the court determines that the	599
seriousness, nature, or likelihood of recurrence of the abuse or	600
neglect makes the child's placement with the child's parent a	601
threat to the child's safety.	602

(16) Any other factor the court considers relevant.

603

(F) The parents of a child for whom the court has issued an	604
order granting permanent custody pursuant to this section, upon	605
the issuance of the order, cease to be parties to the action. This	606
division is not intended to eliminate or restrict any right of the	607
parents to appeal the granting of permanent custody of their child	608
to a movant pursuant to this section.	609

Sec. 2151.415.  (A) Except for cases in which a motion for	610
permanent custody described in division (D)(1) of section 2151.413	611
of the Revised Code is required to be made, a public children	612
services agency or private child placing agency that has been	613
given temporary custody of a child pursuant to section 2151.353 of	614
the Revised Code, not later than thirty days prior to the earlier	615
of the date for the termination of the custody order pursuant to	616
division (F)(G) of section 2151.353 of the Revised Code or the	617
date set at the dispositional hearing for the hearing to be held	618
pursuant to this section, shall file a motion with the court that	619
issued the order of disposition requesting that any of the	620
following orders of disposition of the child be issued by the	621
court:	622

(1) An order that the child be returned home and the custody	623
of the child's parents, guardian, or custodian without any	624
restrictions;	625

(2) An order for protective supervision;

626

(3) An order that the child be placed in the legal custody of	627
a relative or other interested individual;	628

(4) An order permanently terminating the parental rights of	629
the child's parents;	630

(5) An order that the child be placed in a planned permanent	631
living arrangement;	632

(6) In accordance with division (D) of this section, an order	633
for the extension of temporary custody.	634

(B) Upon the filing of a motion pursuant to division (A) of	635
this section, the court shall hold a dispositional hearing on the	636
date set at the dispositional hearing held pursuant to section	637
2151.35 of the Revised Code, with notice to all parties to the	638
action in accordance with the Juvenile Rules. After the	639
dispositional hearing or at a date after the dispositional hearing	640
that is not later than one year after the earlier of the date on	641
which the complaint in the case was filed or the child was first	642
placed into shelter care, the court, in accordance with the best	643
interest of the child as supported by the evidence presented at	644
the dispositional hearing, shall issue an order of disposition as	645
set forth in division (A) of this section, except that all orders	646
for permanent custody shall be made in accordance with sections	647
2151.413 and 2151.414 of the Revised Code. In issuing an order of	648
disposition under this section, the court shall comply with	649
section 2151.42 of the Revised Code.	650

(C)(1) If an agency pursuant to division (A) of this section	651
requests the court to place a child into a planned permanent	652
living arrangement, the agency shall present evidence to indicate	653
why a planned permanent living arrangement is appropriate for the	654
child, including, but not limited to, evidence that the agency has	655
tried or considered all other possible dispositions for the child.	656
A court shall not place a child in a planned permanent living	657
arrangement, unless it finds, by clear and convincing evidence,	658
that a planned permanent living arrangement is in the best	659
interest of the child and that one of the following exists:	660

(a) The child, because of physical, mental, or psychological	661
problems or needs, is unable to function in a family-like setting	662
and must remain in residential or institutional care.	663

(b) The parents of the child have significant physical,	664
mental, or psychological problems and are unable to care for the	665
child because of those problems, adoption is not in the best	666
interest of the child, as determined in accordance with division	667
(D)(1) of section 2151.414 of the Revised Code, and the child	668
retains a significant and positive relationship with a parent or	669
relative;	670

(c) The child is sixteen years of age or older, has been	671
counseled on the permanent placement options available, is	672
unwilling to accept or unable to adapt to a permanent placement,	673
and is in an agency program preparing for independent living.	674

(2) If the court issues an order placing a child in a planned	675
permanent living arrangement, both of the following apply:	676

(a) The court shall issue a finding of fact setting forth the	677
reasons for its finding;	678

(b) The agency may make any appropriate placement for the	679
child and shall develop a case plan for the child that is designed	680
to assist the child in finding a permanent home outside of the	681
home of the parents.	682

(D)(1) If an agency pursuant to division (A) of this section	683
requests the court to grant an extension of temporary custody for	684
a period of up to six months, the agency shall include in the	685
motion an explanation of the progress on the case plan of the	686
child and of its expectations of reunifying the child with the	687
child's family, or placing the child in a permanent placement,	688
within the extension period. The court shall schedule a hearing on	689
the motion, give notice of its date, time, and location to all	690
parties and the guardian ad litem of the child, and at the hearing	691
consider the evidence presented by the parties and the guardian ad	692
litem. The court may extend the temporary custody order of the	693
child for a period of up to six months, if it determines at the	694
hearing, by clear and convincing evidence, that the extension is	695
in the best interest of the child, there has been significant	696
progress on the case plan of the child, and there is reasonable	697
cause to believe that the child will be reunified with one of the	698
parents or otherwise permanently placed within the period of	699
extension. In determining whether to extend the temporary custody	700
of the child pursuant to this division, the court shall comply	701
with section 2151.42 of the Revised Code. If the court extends the	702
temporary custody of the child pursuant to this division, upon	703
request it shall issue findings of fact.	704

(2) Prior to the end of the extension granted pursuant to	705
division (D)(1) of this section, the agency that received the	706
extension shall file a motion with the court requesting the	707
issuance of one of the orders of disposition set forth in	708
divisions (A)(1) to (5) of this section or requesting the court to	709
extend the temporary custody order of the child for an additional	710
period of up to six months. If the agency requests the issuance of	711
an order of disposition under divisions (A)(1) to (5) of this	712
section or does not file any motion prior to the expiration of the	713
extension period, the court shall conduct a hearing in accordance	714
with division (B) of this section and issue an appropriate order	715
of disposition. In issuing an order of disposition, the court	716
shall comply with section 2151.42 of the Revised Code.	717

If the agency requests an additional extension of up to six	718
months of the temporary custody order of the child, the court	719
shall schedule and conduct a hearing in the manner set forth in	720
division (D)(1) of this section. The court may extend the	721
temporary custody order of the child for an additional period of	722
up to six months if it determines at the hearing, by clear and	723
convincing evidence, that the additional extension is in the best	724
interest of the child, there has been substantial additional	725
progress since the original extension of temporary custody in the	726
case plan of the child, there has been substantial additional	727
progress since the original extension of temporary custody toward	728
reunifying the child with one of the parents or otherwise	729
permanently placing the child, and there is reasonable cause to	730
believe that the child will be reunified with one of the parents	731
or otherwise placed in a permanent setting before the expiration	732
of the additional extension period. In determining whether to	733
grant an additional extension, the court shall comply with section	734
2151.42 of the Revised Code. If the court extends the temporary	735
custody of the child for an additional period pursuant to this	736
division, upon request it shall issue findings of fact.	737

(3) Prior to the end of the extension of a temporary custody	738
order granted pursuant to division (D)(2) of this section, the	739
agency that received the extension shall file a motion with the	740
court requesting the issuance of one of the orders of disposition	741
set forth in divisions (A)(1) to (5) of this section. Upon the	742
filing of the motion by the agency or, if the agency does not file	743
the motion prior to the expiration of the extension period, upon	744
its own motion, the court, prior to the expiration of the	745
extension period, shall conduct a hearing in accordance with	746
division (B) of this section and issue an appropriate order of	747
disposition. In issuing an order of disposition, the court shall	748
comply with section 2151.42 of the Revised Code.	749

(4) No court shall grant an agency more than two extensions	750
of temporary custody pursuant to division (D) of this section and	751
the court shall not order an existing temporary custody order to	752
continue beyond two years after the date on which the complaint	753
was filed or the child was first placed into shelter care,	754
whichever date is earlier, regardless of whether any extensions	755
have been previously ordered pursuant to division (D) of this	756
section.	757

(E) After the issuance of an order pursuant to division (B)	758
of this section, the court shall retain jurisdiction over the	759
child until the child attains the age of eighteen if the child is	760
not mentally retarded, developmentally disabled, or physically	761
impaired, the child attains the age of twenty-one if the child is	762
mentally retarded, developmentally disabled, or physically	763
impaired, or the child is adopted and a final decree of adoption	764
is issued, unless the court's jurisdiction over the child is	765
extended pursuant to division (E) of section 2151.353 of the	766
Revised Code.	767

(F) The court, on its own motion or the motion of the agency	768
or person with legal custody of the child, the child's guardian ad	769
litem, or any other party to the action, may conduct a hearing	770
with notice to all parties to determine whether any order issued	771
pursuant to this section should be modified or terminated or	772
whether any other dispositional order set forth in divisions	773
(A)(1) to (5) of this section should be issued. After the hearing	774
and consideration of all the evidence presented, the court, in	775
accordance with the best interest of the child, may modify or	776
terminate any order issued pursuant to this section or issue any	777
dispositional order set forth in divisions (A)(1) to (5) of this	778
section. In rendering a decision under this division, the court	779
shall comply with section 2151.42 of the Revised Code.	780

(G) If the court places a child in a planned permanent living	781
arrangement with a public children services agency or a private	782
child placing agency pursuant to this section, the agency with	783
which the child is placed in a planned permanent living	784
arrangement shall not remove the child from the residential	785
placement in which the child is originally placed pursuant to the	786
case plan for the child or in which the child is placed with court	787
approval pursuant to this division, unless the court and the	788
guardian ad litem are given notice of the intended removal and the	789
court issues an order approving the removal or unless the removal	790
is necessary to protect the child from physical or emotional harm	791
and the agency gives the court notice of the removal and of the	792
reasons why the removal is necessary to protect the child from	793
physical or emotional harm immediately after the removal of the	794
child from the prior setting.	795

(H) If the hearing held under this section takes the place of	796
an administrative review that otherwise would have been held under	797
section 2151.416 of the Revised Code, the court at the hearing	798
held under this section shall do all of the following in addition	799
to any other requirements of this section:	800

(1) Determine the continued necessity for and the	801
appropriateness of the child's placement;	802

(2) Determine the extent of compliance with the child's case	803
plan;	804

(3) Determine the extent of progress that has been made	805
toward alleviating or mitigating the causes necessitating the	806
child's placement in foster care;	807

(4) Project a likely date by which the child may be returned	808
to the child's home or placed for adoption or legal guardianship;	809

(5) Approve the permanency plan for the child consistent with	810
section 2151.417 of the Revised Code.	811

Sec. 3107.012.  (A) A foster caregiver may use the	812
application prescribed under division (B) of this section to	813
obtain the services of an agency to arrange an adoption for the	814
foster caregiver if the foster caregiver seeks to adopt the foster	815
caregiver's foster child who has resided in the foster caregiver's	816
home for at least twelvesix months prior to the date the foster	817
caregiver submits the application to the agency.	818

(B) The department of job and family services shall prescribe	819
an application for a foster caregiver to use under division (A) of	820
this section. The application shall not require that the foster	821
caregiver provide any information the foster caregiver already	822
provided the department, or undergo an inspection the foster	823
caregiver already underwent, to obtain a foster home certificate	824
under section 5103.03 of the Revised Code.	825

(C) An agency that receives an application prescribed under	826
division (B) of this section from a foster caregiver authorized to	827
use the application shall not require, as a condition of the	828
agency accepting or approving the application, that the foster	829
caregiver undergo a criminal records check under section 2151.86	830
of the Revised Code as a prospective adoptive parent. The agency	831
shall inform the foster caregiver, in accordance with division (G)	832
of section 2151.86 of the Revised Code, that the foster caregiver	833
must undergo the criminal records check before a court may issue a	834
final decree of adoption or interlocutory order of adoption under	835
section 3107.14 of the Revised Code.	836

Sec. 3107.031.  Except as otherwise provided in this section,	837
an assessor shall conduct a home study for the purpose of	838
ascertaining whether a person seeking to adopt a minor is suitable	839
to adopt. A written report of the home study shall be filed with	840
the court at least ten days before the petition for adoption is	841
heard.	842

A person seeking to adopt a minor who knowingly makes a false	843
statement that is included in the written report of a home study	844
conducted pursuant to this section is guilty of the offense of	845
falsification under section 2921.13 of the Revised Code, and such	846
a home study shall not be filed with the court. If such a home	847
study is filed with the court, the court may strike the home study	848
from the court's records.	849

The report shall contain the opinion of the assessor as to	850
whether the person who is the subject of the report is suitable to	851
adopt a minor, any multiple children assessment required under	852
section 3107.032 of the Revised Code, and other information and	853
documents specified in rules adopted by the director of job and	854
family services under section 3107.033 of the Revised Code. The	855
assessor shall not consider the person's age when determining	856
whether the person is suitable to adopt if the person is old	857
enough to adopt as provided by section 3107.03 of the Revised	858
Code.	859

An assessor may request departments or agencies within or	860
outside this state to assist in the home study as may be	861
appropriate and to make a written report to be included with and	862
attached to the report to the court. The assessor shall make	863
similar home studies and reports on behalf of other assessors	864
designated by the courts of this state or another place.	865

Upon order of the court, the costs of the home study and	866
other proceedings shall be paid by the person seeking to adopt,	867
and, if the home study is conducted by a public agency or public	868
employee, the part of the cost representing any services and	869
expenses shall be taxed as costs and paid into the state treasury	870
or county treasury, as the court may direct.	871

On request, the assessor shall provide the person seeking to	872
adopt a copy of the report of the home study. The assessor shall	873
delete from that copy any provisions concerning the opinion of	874
other persons, excluding the assessor, of the person's suitability	875
to adopt a minor.	876

This section does not apply to a foster caregiver seeking to	877
adopt the foster caregiver's foster child if the foster child has	878
resided in the foster caregiver's home for at least twelvesix	879
months prior to the date the foster caregiver submits an	880
application prescribed under division (B) of section 3107.012 of	881
the Revised Code to the agency arranging the adoption.	882

Sec. 3107.033.  Not later than JanuaryJune 1, 20082009, the	883
director of job and family services shall adopt rules in	884
accordance with Chapter 119. of the Revised Code specifying both	885
of the following:	886

(A) The manner in which a home study is to be conducted and	887
the information and documents to be included in a home study	888
report, which shall include, pursuant to section 3107.034 of the	889
Revised Code, a summary report of a search of the uniform	890
statewide automated child welfare information system established	891
in section 5101.13 of the Revised Code and a report of a check of	892
a central registry of another state if a request for a check of a	893
central registry of another state is required under division (A)	894
of section 3107.034 of the Revised Code;. The director shall	895
ensure that rules adopted under this section align the home study	896
content, time period, and process with any foster care home study	897
content, time period, and process required by rules adopted under	898
section 5103.03 of the Revised Code.	899

(B) A procedure under which a person whose application for	900
adoption has been denied as a result of a search of the uniform	901
statewide automated child welfare information system established	902
in section 5101.13 of the Revised Code as part of the home study	903
may appeal the denial to the agency that employed the assessor who	904
filed the report.	905

Sec. 3107.055.  (A) Notwithstanding section 3107.01 of the	906
Revised Code, as used in this section, "agency" does not include a	907
public children services agency.	908

(B) An agency or attorney, whichever arranges a minor's	909
adoption, shall file with the court a preliminary estimate	910
accounting not later than the time the adoption petition for the	911
minor is filed with the court. The agency or attorney, whichever	912
arranges the adoption, also shall file a final accounting with the	913
court before a final decree of adoption is issued or an	914
interlocutory order of adoption is finalized for the minor. The	915
agency or attorney shall complete and file accountings in a manner	916
acceptable to the court.	917

An accounting shall specify all disbursements of anything of	918
value the petitioner, a person on the petitioner's behalf, and the	919
agency or attorney made and has agreed to make in connection with	920
the minor's permanent surrender under division (B) of section	921
5103.15 of the Revised Code, placement under section 5103.16 of	922
the Revised Code, and adoption under this chapter. The agency or	923
attorney shall include in an accounting an itemization of each	924
expense listed in division (C) of this section. The itemization of	925
the expenses specified in divisions (C)(3) and (4) of this section	926
shall show the amount the agency or attorney charged or is going	927
to charge for the services and the actual cost to the agency or	928
attorney of providing the services. An accounting shall indicate	929
whether any expenses listed in division (C) of this section do not	930
apply to the adoption proceeding for which the accounting is	931
filed.	932

The agency or attorney shall include with a preliminary	933
estimate accounting and a final accounting a written statement	934
signed by the petitioner that the petitioner has reviewed the	935
accounting and attests to its accuracy.	936

(C) No petitioner, person acting on a petitioner's behalf, or	937
agency or attorney shall make or agree to make any disbursements	938
in connection with the minor's permanent surrender, placement, or	939
adoption other than for the following:	940

(1) Physician expenses incurred on behalf of the birth mother	941
or minor in connection with prenatal care, delivery, and	942
confinement prior to or following the minor's birth;	943

(2) Hospital or other medical facility expenses incurred on	944
behalf of the birth mother or minor in connection with the minor's	945
birth;	946

(3) Expenses charged by the attorney arranging the adoption	947
for providing legal services in connection with the placement and	948
adoption, including expenses incurred by the attorney pursuant to	949
sections 3107.031, 3107.032, 3107.081, 3107.082, 3107.09,	950
3107.101, and 3107.12 of the Revised Code;	951

(4) Expenses charged by the agency arranging the adoption for	952
providing services in connection with the permanent surrender and	953
adoption, including the agency's application fee and the expenses	954
incurred by the agency pursuant to sections 3107.031, 3107.032,	955
3107.09, 3107.101, 3107.12, 5103.151, and 5103.152 of the Revised	956
Code;	957

(5) Temporary costs of routine maintenance and medical care	958
for a minor required under section 5103.16 of the Revised Code if	959
the person seeking to adopt the minor refuses to accept placement	960
of the minor;	961

(6) Guardian ad litem fees incurred on behalf of the minor in	962
any court proceedings;	963

(7) Foster care expenses incurred in connection with any	964
temporary care and maintenance of the minor;	965

(8) Court expenses incurred in connection with the minor's	966
permanent surrender, placement, and adoption;	967

(9) Living expenses not exceeding three thousand dollars for	968
the birth mother that are incurred during pregnancy through the	969
sixtieth day after the date the minor is born and paid by the	970
petitioner to the birth mother through the attorney or agency	971
arranging the minor's adoption.	972

(D) If a court determines from an accounting that an amount	973
that is going to be disbursed for an expense listed in division	974
(C) of this section is unreasonable, the court may order a	975
reduction in the amount to be disbursed. If a court determines	976
from an accounting that an unreasonable amount was disbursed for	977
an expense listed in division (C) of this section, the court may	978
order the person who received the disbursement to refund to the	979
person who made the disbursement an amount the court orders.	980

If a court determines from an accounting that a disbursement	981
for an expense not permitted by division (C) of this section is	982
going to be made, the court may issue an injunction prohibiting	983
the disbursement. If a court determines from an accounting that a	984
disbursement for an expense not permitted by division (C) of this	985
section was made, the court may order the person who received the	986
disbursement to return it to the person who made the disbursement.	987

If a court determines that a final accounting does not	988
completely report all the disbursements that are going to be made	989
or have been made in connection with the minor's permanent	990
surrender, placement, and adoption, the court shall order the	991
agency or attorney to file with the court an accounting that	992
completely reports all such disbursements.	993

The agency or attorney shall file the final accounting with	994
the court not later than ten days prior to the date scheduled for	995
the final hearing on the adoption. The court may not issue a final	996
decree of adoption or finalize an interlocutory order of adoption	997
of a minor until at least ten days after the agency or attorney	998
files the final accounting.	999

(E) This section does not apply to an adoption by a	1000
stepparent whose spouse is a biological or adoptive parent of the	1001
minor.	1002

Sec. 3107.06.  Unless consent is not required under section	1003
3107.07 of the Revised Code, a petition to adopt a minor may be	1004
granted only if written consent to the adoption has been executed	1005
by all of the following:	1006

(A) The mother of the minor;

1007

(B) The father of the minor, if any of the following apply:

1008

(1) The minor was conceived or born while the father was	1009
married to the mother;	1010

(2) The minor is his child by adoption;

1011

(3) Prior to the date the petition was filed, it was	1012
determined by a court proceeding pursuant to sections 3111.01 to	1013
3111.18 of the Revised Code, a court proceeding in another state,	1014
an administrative proceeding pursuant to sections 3111.38 to	1015
3111.54 of the Revised Code, or an administrative proceeding in	1016
another state that he has a parent and child relationship with the	1017
minor;	1018

(4) He acknowledged paternity of the child and that	1019
acknowledgment has become final pursuant to section 2151.232,	1020
3111.25, or 3111.821 of the Revised Code.	1021

(C) The putative father of the minor;

1022

(D) Any person or agency having permanent custody of the	1023
minor or authorized by court order to consent;	1024

(E) The juvenile court that has jurisdiction to determine	1025
custody of the minor, if the legal guardian or custodian of the	1026
minor is not authorized by law or court order to consent to the	1027
adoption;	1028

(F) The minor, if more than twelve years of age, unless the	1029
court, finding that it is in the best interest of the minor,	1030
determines that the minor's consent is not required.	1031

Sec. 3107.07.  Consent to adoption is not required of any of	1032
the following:	1033

(A) A parent of a minor, when it is alleged in the adoption	1034
petition and the court finds, after proper service of notice and	1035
hearing, finds by clear and convincing evidence that the parent	1036
has failed without justifiable cause to communicateprovide more	1037
than de minimis contact with the minor or to provide for the	1038
maintenance and support of the minor as required by law or	1039
judicial decree for a period of at least one year immediately	1040
preceding either the filing of the adoption petition or the	1041
placement of the minor in the home of the petitioner.	1042

(B) The putative father of a minor if either of the following	1043
applies:	1044

(1) The putative father fails to register as the minor's	1045
putative father with the putative father registry established	1046
under section 3107.062 of the Revised Code not later than thirty	1047
days after the minor's birth;	1048

(2) The court finds, after proper service of notice and	1049
hearing, that any of the following are the case:	1050

(a) The putative father is not the father of the minor;

1051

(b) The putative father has willfully abandoned or failed to	1052
care for and support the minor;	1053

(c) The putative father has willfully abandoned the mother of	1054
the minor during her pregnancy and up to the time of her surrender	1055
of the minor, or the minor's placement in the home of the	1056
petitioner, whichever occurs first.	1057

(C) Except as provided in section 3107.071 of the Revised	1058
Code, a parent who has entered into a voluntary permanent custody	1059
surrender agreement under division (B) of section 5103.15 of the	1060
Revised Code;	1061

(D) A parent whose parental rights have been terminated by	1062
order of a juvenile court under Chapter 2151. of the Revised Code;	1063

(E) A parent who is married to the petitioner and supports	1064
the adoption;	1065

(F) The father, or putative father, of a minor if the minor	1066
is conceived as the result of the commission of rape by the father	1067
or putative father and the father or putative father is convicted	1068
of or pleads guilty to the commission of that offense. As used in	1069
this division, "rape" means a violation of section 2907.02 of the	1070
Revised Code or a similar law of another state.	1071

(G) A legal guardian or guardian ad litem of a parent	1072
judicially declared incompetent in a separate court proceeding who	1073
has failed to respond in writing to a request for consent, for a	1074
period of thirty days, or who, after examination of the written	1075
reasons for withholding consent, is found by the court to be	1076
withholding consent unreasonably;	1077

(H) Any legal guardian or lawful custodian of the person to	1078
be adopted, other than a parent, who has failed to respond in	1079
writing to a request for consent, for a period of thirty days, or	1080
who, after examination of the written reasons for withholding	1081
consent, is found by the court to be withholding consent	1082
unreasonably;	1083

(I) The spouse of the person to be adopted, if the failure of	1084
the spouse to consent to the adoption is found by the court to be	1085
by reason of prolonged unexplained absence, unavailability,	1086
incapacity, or circumstances that make it impossible or	1087
unreasonably difficult to obtain the consent or refusal of the	1088
spouse;	1089

(J) Any parent, legal guardian, or other lawful custodian in	1090
a foreign country, if the person to be adopted has been released	1091
for adoption pursuant to the laws of the country in which the	1092
person resides and the release of such person is in a form that	1093
satisfies the requirements of the immigration and naturalization	1094
service of the United States department of justice for purposes of	1095
immigration to the United States pursuant to section 101(b)(1)(F)	1096
of the "Immigration and Nationality Act," 75 Stat. 650 (1961), 8	1097
U.S.C. 1101(b)(1)(F), as amended or reenacted.	1098

(K) Except as provided in divisions (G) and (H) of this	1099
section, a juvenile court, agency, or person given notice of the	1100
petition pursuant to division (A)(1) of section 3107.11 of the	1101
Revised Code that fails to file an objection to the petition	1102
within fourteen days after proof is filed pursuant to division (B)	1103
of that section that the notice was given;	1104

(L) Any guardian, custodian, or other party who has temporary	1105
custody of the child.	1106

Sec. 3107.101.  (A) Not later than seven days after a minor	1107
to be adopted is placed in a prospective adoptive home pursuant	1108
to section 5103.16 of the Revised Code, the assessor providing	1109
placement or post placement services in the prospective adoptive	1110
home shall conduct abegin monthly prospective adoptive home	1111
visitvisits in that home, every thirty days, until the court	1112
issues a final decree of adoption. During the prospective adoptive	1113
home visits, the assessor shall evaluate the progression of the	1114
placement in the prospective adoptive home. The assessor shall	1115
include the evaluation in the prefinalization assessment required	1116
under section 3107.12 of the Revised Code.	1117

(B) During the prospective home visit required under division	1118
(A) of this section, the assessor shall make face-to-face contact	1119
with the prospective adoptive parent and the minor to be adopted.	1120
The assessor shall make contact, as prescribed by rule under	1121
division (C) of this section, with all other children or adults	1122
residing in the prospective adoptive home.	1123

(C) The director of job and family services shall adopt rules	1124
in accordance with Chapter 119. of the Revised Code necessary for	1125
the implementation and execution of this section.	1126

(D) This section does not apply to an adoption by a	1127
stepparent whose spouse is a biological or adoptive parent of the	1128
minor to be adopted.	1129

Sec. 3107.11.  (A) After the filing of a petition to adopt an	1130
adult or a minor, the court shall fix a time and place for hearing	1131
the petition. The hearing may take place at any time more than	1132
thirty days after the date on which the minor is placed in the	1133
home of the petitioner. At least twenty days before the date of	1134
hearing, notice of the filing of the petition and of the time and	1135
place of hearing shall be given by the court to all of the	1136
following:	1137

(1) Any juvenile court, agency, or person whose consent to	1138
the adoption is required by this chapter but who has not	1139
consented;	1140

(2) A person whose consent is not required as provided by	1141
division (A), (G), (H), or (I) of section 3107.07 of the Revised	1142
Code and has not consented;	1143

(3) Any guardian, custodian, or other party who has temporary	1144
custody or permanent custody of the child.	1145

Notice shall not be given to a person whose consent is not	1146
required as provided by division (B), (C), (D), (E), (F), or (J)	1147
of section 3107.07, or section 3107.071, of the Revised Code.	1148
Second notice shall not be given to a juvenile court, agency, or	1149
person whose consent is not required as provided by division (K)	1150
of section 3107.07 of the Revised Code because the court, agency,	1151
or person failed to file an objection to the petition within	1152
fourteen days after proof was filed pursuant to division (B) of	1153
this section that a first notice was given to the court, agency,	1154
or person pursuant to division (A)(1) of this section.	1155

(B) Upon the filing of a petition for adoption that alleges	1156
that a parent has failed without justifiable cause to provide	1157
more than de minimis contact with the minor or to provide for the	1158
maintenance and support of the minor, the clerk of courts shall	1159
send a notice to that parent with the following language in	1160
boldface type and in all capital letters:	1161

"A FINAL DECREE OF ADOPTION, IF GRANTED, WILL RELIEVE YOU OF ALL	1162
PARENTAL RIGHTS AND RESPONSIBILITIES, INCLUDING THE RIGHT TO	1163
CONTACT THE MINOR, AND, EXCEPT WITH RESPECT TO A SPOUSE OF THE	1164
ADOPTION PETITIONER AND RELATIVES OF THAT SPOUSE, TERMINATE ALL	1165
LEGAL RELATIONSHIPS BETWEEN THE MINOR AND YOU AND THE MINOR'S	1166
OTHER RELATIVES, SO THAT THE MINOR THEREAFTER IS A STRANGER TO YOU	1167
AND THE MINOR'S FORMER RELATIVES FOR ALL PURPOSES. IF YOU WISH TO	1168
CONTEST THE ADOPTION, YOU MUST FILE AN OBJECTION TO THE PETITION	1169
WITHIN FOURTEEN DAYS AFTER PROOF OF SERVICE OF NOTICE OF THE	1170
FILING OF THE PETITION AND OF THE TIME AND PLACE OF HEARING IS	1171
GIVEN TO YOU. IF YOU WISH TO CONTEST THE ADOPTION, YOU MUST ALSO	1172
APPEAR AT THE HEARING. A FINAL DECREE OF ADOPTION MAY BE ENTERED	1173
IF YOU FAIL TO FILE AN OBJECTION TO THE ADOPTION PETITION OR	1174
APPEAR AT THE HEARING."	1175

(C) All notices required under this section shall be given as	1176
specified in the Rules of Civil Procedure. Proof of the giving of	1177
notice shall be filed with the court before the petition is	1178
heard.	1179

Sec. 3107.14.  (A) The petitioner and the person sought to be	1180
adopted shall appear at the hearing on the petition, unless the	1181
presence of either is excused by the court for good cause shown.	1182

(B) The court may continue the hearing from time to time to	1183
permit further observation, investigation, or consideration of any	1184
facts or circumstances affecting the granting of the petition, and	1185
may examine the petitioners separate and apart from each other.	1186

(C) If, at the conclusion of the hearing, the court finds	1187
that the required consents have been obtained or excused and that	1188
the adoption is in the best interest of the person sought to be	1189
adopted as supported by the evidence, it may issue, subject to	1190
division (C)(1)(a) of section 2151.86, section 3107.064, and	1191
division (E) of section 3107.09 of the Revised Code, and any other	1192
limitations specified in this chapter, a final decree of adoption	1193
or an interlocutory order of adoption, which by its own terms	1194
automatically becomes a final decree of adoption on a date	1195
specified in the order, which, except as provided in division (B)	1196
of section 3107.13 of the Revised Code, shall not be less than six	1197
months or more than one year from the date of issuance of the	1198
orderthe person to be adopted is placed in the petitioner's home,	1199
unless sooner vacated by the court for good cause shown. In	1200
determining whether the adoption is in the best interest of the	1201
person sought to be adopted, the court shall not consider the age	1202
of the petitioner if the petitioner is old enough to adopt as	1203
provided by section 3107.03 of the Revised Code.	1204

In an interlocutory order of adoption, the court shall	1205
provide for observation, investigation, and a further report on	1206
the adoptive home during the interlocutory period.	1207

(D) If the requirements for a decree under division (C) of	1208
this section have not been satisfied or the court vacates an	1209
interlocutory order of adoption, or if the court finds that a	1210
person sought to be adopted was placed in the home of the	1211
petitioner in violation of law, the court shall dismiss the	1212
petition and may determine the agency or person to have temporary	1213
or permanent custody of the person, which may include the agency	1214
or person that had custody prior to the filing of the petition or	1215
the petitioner, if the court finds it is in the best interest of	1216
the person as supported by the evidence, or if the person is a	1217
minor, the court may certify the case to the juvenile court of the	1218
county where the minor is then residing for appropriate action and	1219
disposition.	1220

(E) The issuance of a final decree or interlocutory order of	1221
adoption for an adult adoption under division (A)(4) of section	1222
3107.02 of the Revised Code shall not disqualify that adult for	1223
services under section 2151.82 or 2151.83 of the Revised Code.	1224

Sec. 3107.60.  As used in sections 3107.60 to 3107.68 of the	1225
Revised Code:	1226

(A) "Agency," "attorney," and "identifying information" have	1227
the same meanings as in section 3107.01 of the Revised Code.	1228

(B) "Nonidentifying information" means one of the following:

1229

(1) In relation to a birth parent, any information that is	1230
not identifying information, including all of the following:	1231

(1)(a) A birth parent's age at the time the birth parent's	1232
child is adopted;	1233

(2)(b) The medical and genetic history of the birth parents;

1234

(3)(c) The age, sex, and medical and genetic history of an	1235
adopted person's birth sibling and extended family members;	1236

(4)(d) A person's heritage and ethnic background, educational	1237
level, general physical appearance, religion, occupation, and	1238
cause of death;	1239

(5)(e) Any information that may be included in a social and	1240
medical history as specified in divisions (B) and (C) of section	1241
3107.09 of the Revised Code.	1242

(2) In relation to an adoptive parent, subject to a	1243
determination made pursuant to division (E) of section 3107.66 of	1244
the Revised Code, any information that is not identifying	1245
information, including all of the following:	1246

(a) An adoptive parent's age at the time of adoption;

1247

(b) An adoptive sibling's age at the time of adoption;

1248

(c) The heritage, ethnic background, religion, educational	1249
level, and occupation of the adoptive parent;	1250

(d) General information known about the well-being of the	1251
adoptee before and after the adoption.	1252

Sec. 3107.66.  (A) As used in this section:

1253

(1) "Adopted person" includes both an "adopted person" as	1254
defined in section 3107.39 of the Revised Code and an "adopted	1255
person" as defined in section 3107.45 of the Revised Code.	1256

(2) "Adoptive parent" means a person who adopted an adopted	1257
person.	1258

(3) "Birth parent" means the biological parent of an adopted	1259
person.	1260

(4) "Birth sibling" means a biological sibling of an adopted	1261
person.	1262

(B) An adopted person age eighteen or older, an adoptive	1263
parent of an adopted person under age eighteen, or an adoptive	1264
family member of a deceased adopted person may submit a written	1265
request to the agency or attorney who arranged the adopted	1266
person's adoption, or the probate court that finalized the adopted	1267
person's adoption, for the agency, attorney, or court to provide	1268
the adopted person, adoptive parent, or adoptive family member	1269
information about the adopted person's birth parent or birth	1270
sibling contained in the agency's, attorney's, or court's adoption	1271
records that is nonidentifying information. Except as provided in	1272
division (C) of this section, the agency, attorney, or court shall	1273
provide the adopted person, adoptive parent, or adoptive family	1274
member the information sought within a reasonable amount of time.	1275
The agency, attorney, or court may charge a reasonable fee for	1276
providing the information.	1277

A birth parent of an adopted person eighteen years of age or	1278
older, a birth sibling age eighteen or older, or a birth family	1279
member of a deceased birth parent may submit a written request to	1280
the agency or attorney who arranged the adopted person's adoption,	1281
or the probate court that finalized the adoption, for the agency,	1282
attorney, or court to provide the birth parent, birth sibling, or	1283
birth family member information about the adopted person or	1284
adoptive parent contained in the agency's, attorney's, or court's	1285
adoption records that is nonidentifying information. Except as	1286
provided in division (C) of this section, the agency, attorney, or	1287
court shall provide the birth parent, birth sibling, or birth	1288
family member the information sought within a reasonable amount of	1289
time. The agency, attorney, or court may charge a reasonable fee	1290
for providing the information.	1291

(C) An agency or attorney that has permanently ceased to	1292
arrange adoptions is not subject to division (B) of this section.	1293
If the adoption records of such an agency or attorney are held by	1294
a probate court, person, or other governmental entity pursuant to	1295
section 3107.67 of the Revised Code, the adopted person, adoptive	1296
parent, adoptive family member, birth parent, birth sibling, or	1297
birth family member may submit the written request that otherwise	1298
would be submitted to the agency or attorney under division (B) of	1299
this section to the court, person, or other governmental entity	1300
that holds the records. On receipt of the request, the court,	1301
person, or other governmental entity shall provide the information	1302
that the agency or attorney would have been required to provide	1303
within a reasonable amount of time. The court, person, or other	1304
governmental entity may charge a reasonable fee for providing the	1305
information.	1306

(D) Prior to providing nonidentifying information pursuant to	1307
division (B) or (C) of this section, the person or governmental	1308
entity providing the information shall review the record to ensure	1309
that all identifying information about any person contained in the	1310
record is deleted.	1311

(E) An agency, attorney, person, or other governmental	1312
entity may classify any information described in division (B)(2)	1313
of section 3107.60 of the Revised Code as identifying information	1314
and deny the request made under division (B) or (C) of this	1315
section if the agency, attorney, court, person, or other	1316
governmental entity determines that the information could lead to	1317
the identification of the adoptive parent. This determination	1318
shall be done on a case-by-case basis.	1319

Sec. 3313.6011.  (A) As used in this section, "sexual	1320
activity" has the same meaning as in section 2907.01 of the	1321
Revised Code.	1322

(B) Instruction in venereal disease education pursuant to	1323
division (A)(5)(c) of section 3313.60 of the Revised Code shall	1324
emphasize that abstinence from sexual activity is the only	1325
protection that is one hundred per cent effective against unwanted	1326
pregnancy, sexually transmitted disease, and the sexual	1327
transmission of a virus that causes acquired immunodeficiency	1328
syndrome.	1329

(C) In adopting minimum standards under section 3301.07 of	1330
the Revised Code, the state board of education shall require	1331
course material and instruction in venereal disease education	1332
courses taught pursuant to division (A)(5)(c) of section 3313.60	1333
of the Revised Code to do all of the following:	1334

(1) Stress that students should abstain from sexual activity	1335
until after marriage;	1336

(2) Teach the potential physical, psychological, emotional,	1337
and social side effects of participating in sexual activity	1338
outside of marriage;	1339

(3) Teach that conceiving children out of wedlock is likely	1340
to have harmful consequences for the child, the child's parents,	1341
and society;	1342

(4) Stress that sexually transmitted diseases are serious	1343
possible hazards of sexual activity;	1344

(5) Advise students of the laws pertaining to financial	1345
responsibility of parents to children born in and out of wedlock;	1346

(6) Advise students of the circumstances under which it is	1347
criminal to have sexual contact with a person under the age of	1348
sixteen pursuant to section 2907.04 of the Revised Code;	1349

(7) Emphasize adoption as an option for unintended	1350
pregnancies.	1351

(D) Any model education program for health education the	1352
state board of education adopts shall conform to the requirements	1353
of this section.	1354

(E) On and after March 18, 1999, and notwithstanding section	1355
3302.07 of the Revised Code, the superintendent of public	1356
instruction shall not approve, pursuant to section 3302.07 of the	1357
Revised Code, any waiver of any requirement of this section or of	1358
any rule adopted by the state board of education pursuant to this	1359
section.	1360

Sec. 3317.024.  In addition to the moneys paid to eligible	1361
school districts pursuant to section 3317.022 of the Revised Code,	1362
moneys appropriated for the education programs in divisions (A) to	1363
(I), (K), (L), and (N) of this section shall be distributed to	1364
school districts meeting the requirements of section 3317.01 of	1365
the Revised Code; in the case of divisions (G) and (L) of this	1366
section, to educational service centers as provided in section	1367
3317.11 of the Revised Code; in the case of divisions (D) and (J)	1368
of this section, to county MR/DD boards; in the case of division	1369
(N) of this section, to joint vocational school districts; in the	1370
case of division (H) of this section, to cooperative education	1371
school districts; and in the case of division (M) of this section,	1372
to the institutions defined under section 3317.082 of the Revised	1373
Code providing elementary or secondary education programs to	1374
children other than children receiving special education under	1375
section 3323.091 of the Revised Code. The following shall be	1376
distributed monthly, quarterly, or annually as may be determined	1377
by the state board of education:	1378

(A) An amount for each island school district and each joint	1379
state school district for the operation of each high school and	1380
each elementary school maintained within such district and for	1381
capital improvements for such schools. Such amounts shall be	1382
determined on the basis of standards adopted by the state board of	1383
education.	1384

(B) An amount for each school district operating classes for	1385
children of migrant workers who are unable to be in attendance in	1386
an Ohio school during the entire regular school year. The amounts	1387
shall be determined on the basis of standards adopted by the state	1388
board of education, except that payment shall be made only for	1389
subjects regularly offered by the school district providing the	1390
classes.	1391

(C) An amount for each school district with guidance,	1392
testing, and counseling programs approved by the state board of	1393
education. The amount shall be determined on the basis of	1394
standards adopted by the state board of education.	1395

(D) An amount for the emergency purchase of school buses as	1396
provided for in section 3317.07 of the Revised Code;	1397

(E) An amount for each school district required to pay	1398
tuition for a child in an institution maintained by the department	1399
of youth services pursuant to section 3317.082 of the Revised	1400
Code, provided the child was not included in the calculation of	1401
the district's average daily membership for the preceding school	1402
year.	1403

(F) An amount for adult basic literacy education for each	1404
district participating in programs approved by the state board of	1405
education. The amount shall be determined on the basis of	1406
standards adopted by the state board of education.	1407

(G) An amount for the approved cost of transporting eligible	1408
pupils with disabilities attending a special education program	1409
approved by the department of education whom it is impossible or	1410
impractical to transport by regular school bus in the course of	1411
regular route transportation provided by the district or service	1412
center. No district or service center is eligible to receive a	1413
payment under this division for the cost of transporting any pupil	1414
whom it transports by regular school bus and who is included in	1415
the district's transportation ADM. The state board of education	1416
shall establish standards and guidelines for use by the department	1417
of education in determining the approved cost of such	1418
transportation for each district or service center.	1419

(H) An amount to each school district, including each	1420
cooperative education school district, pursuant to section 3313.81	1421
of the Revised Code to assist in providing free lunches to needy	1422
children and an amount to assist needy school districts in	1423
purchasing necessary equipment for food preparation. The amounts	1424
shall be determined on the basis of rules adopted by the state	1425
board of education.	1426

(I) An amount to each school district, for each pupil	1427
attending a chartered nonpublic elementary or high school within	1428
the district. The amount shall equal the amount appropriated for	1429
the implementation of section 3317.06 of the Revised Code divided	1430
by the average daily membership in grades kindergarten through	1431
twelve in nonpublic elementary and high schools within the state	1432
as determined during the first full week in October of each school	1433
year.	1434

(J) An amount for each county MR/DD board, distributed on the	1435
basis of standards adopted by the state board of education, for	1436
the approved cost of transportation required for children	1437
attending special education programs operated by the county MR/DD	1438
board under section 3323.09 of the Revised Code;	1439

(K) An amount for each school district that establishes a	1440
mentor teacher program that complies with rules of the state board	1441
of education. No school district shall be required to establish or	1442
maintain such a program in any year unless sufficient funds are	1443
appropriated to cover the district's total costs for the program.	1444

(L) An amount to each school district or educational service	1445
center for the total number of gifted units approved pursuant to	1446
section 3317.05 of the Revised Code. The amount for each such unit	1447
shall be the sum of the minimum salary for the teacher of the	1448
unit, calculated on the basis of the teacher's training level and	1449
years of experience pursuant to the salary schedule prescribed in	1450
the version of section 3317.13 of the Revised Code in effect prior	1451
to July 1, 2001, plus fifteen per cent of that minimum salary	1452
amount, plus two thousand six hundred seventy-eight dollars.	1453

(M) An amount to each institution defined under section	1454
3317.082 of the Revised Code providing elementary or secondary	1455
education to children other than children receiving special	1456
education under section 3323.091 of the Revised Code. This amount	1457
for any institution in any fiscal year shall equal the total of	1458
all tuition amounts required to be paid to the institution under	1459
division (A)(1) of section 3317.082 of the Revised Code.	1460

(N) A grant to each school district and joint vocational	1461
school district that operates a "graduation, reality, and	1462
dual-role skills" (GRADS) program for pregnant and parenting	1463
students that is approved by the department. The amount of the	1464
payment shall be the district's state share percentage, as defined	1465
in section 3317.022 or 3317.16 of the Revised Code, times the	1466
GRADS personnel allowance times the full-time-equivalent number of	1467
GRADS teachers approved by the department. The GRADS personnel	1468
allowance is $47,555 in fiscal years 2008 and 2009. The GRADS	1469
program shall include instruction on adoption as an option for	1470
unintended pregnancies.	1471

The state board of education or any other board of education	1472
or governing board may provide for any resident of a district or	1473
educational service center territory any educational service for	1474
which funds are made available to the board by the United States	1475
under the authority of public law, whether such funds come	1476
directly or indirectly from the United States or any agency or	1477
department thereof or through the state or any agency, department,	1478
or political subdivision thereof.	1479

Sec. 5103.03.  (A) The director of job and family services	1480
shall adopt rules as necessary for the adequate and competent	1481
management of institutions or associations. The director shall	1482
ensure that foster care home study rules adopted under this	1483
section align any home study content, time period, and process	1484
with any home study content, time period, and process required by	1485
rules adopted under section 3107.033 of the Revised Code.	1486

(B)(1) Except for facilities under the control of the	1487
department of youth services, places of detention for children	1488
established and maintained pursuant to sections 2152.41 to 2152.44	1489
of the Revised Code, and child day-care centers subject to Chapter	1490
5104. of the Revised Code, the department of job and family	1491
services every two years shall pass upon the fitness of every	1492
institution and association that receives, or desires to receive	1493
and care for children, or places children in private homes.	1494

(2) When the department of job and family services is	1495
satisfied as to the care given such children, and that the	1496
requirements of the statutes and rules covering the management of	1497
such institutions and associations are being complied with, it	1498
shall issue to the institution or association a certificate to	1499
that effect. A certificate is valid for two years, unless sooner	1500
revoked by the department. When determining whether an institution	1501
or association meets a particular requirement for certification,	1502
the department may consider the institution or association to have	1503
met the requirement if the institution or association shows to the	1504
department's satisfaction that it has met a comparable requirement	1505
to be accredited by a nationally recognized accreditation	1506
organization.	1507

(3) The department may issue a temporary certificate valid	1508
for less than one year authorizing an institution or association	1509
to operate until minimum requirements have been met.	1510

(4) An institution or association that knowingly makes a	1511
false statement that is included as a part of certification under	1512
this section is guilty of the offense of falsification under	1513
section 2921.13 of the Revised Code and the department shall not	1514
certify that institution or association.	1515

(5) The department shall not issue a certificate to a	1516
prospective foster home or prospective specialized foster home	1517
pursuant to this section if the prospective foster home or	1518
prospective specialized foster home operates as a type A family	1519
day-care home pursuant to Chapter 5104. of the Revised Code. The	1520
department shall not issue a certificate to a prospective	1521
specialized foster home if the prospective specialized foster home	1522
operates a type B family day-care home pursuant to Chapter 5104.	1523
of the Revised Code.	1524

(C) The department may revoke a certificate if it finds that	1525
the institution or association is in violation of law or rule. No	1526
juvenile court shall commit a child to an association or	1527
institution that is required to be certified under this section if	1528
its certificate has been revoked or, if after revocation, the date	1529
of reissue is less than fifteen months prior to the proposed	1530
commitment.	1531

(D) Every two years, on a date specified by the department,	1532
each institution or association desiring certification or	1533
recertification shall submit to the department a report showing	1534
its condition, management, competency to care adequately for the	1535
children who have been or may be committed to it or to whom it	1536
provides care or services, the system of visitation it employs for	1537
children placed in private homes, and other information the	1538
department requires.	1539

(E) The department shall, not less than once each year, send	1540
a list of certified institutions and associations to each juvenile	1541
court and certified association or institution.	1542

(F) No person shall receive children or receive or solicit	1543
money on behalf of such an institution or association not so	1544
certified or whose certificate has been revoked.	1545

(G)(1) The director may delegate by rule any duties imposed	1546
on it by this section to inspect and approve family foster homes	1547
and specialized foster homes to public children services agencies,	1548
private child placing agencies, or private noncustodial agencies.	1549

(2) The director shall adopt rules that require a foster	1550
caregiver or other individual certified to operate a foster home	1551
under this section to notify the recommending agency that the	1552
foster caregiver or other individual is certified to operate a	1553
type B family day-care home under Chapter 5104. of the Revised	1554
Code.	1555

(H) If the director of job and family services determines	1556
that an institution or association that cares for children is	1557
operating without a certificate, the director may petition the	1558
court of common pleas in the county in which the institution or	1559
association is located for an order enjoining its operation. The	1560
court shall grant injunctive relief upon a showing that the	1561
institution or association is operating without a certificate.	1562

(I) If both of the following are the case, the director of	1563
job and family services may petition the court of common pleas of	1564
any county in which an institution or association that holds a	1565
certificate under this section operates for an order, and the	1566
court may issue an order, preventing the institution or	1567
association from receiving additional children into its care or an	1568
order removing children from its care:	1569

(1) The department has evidence that the life, health, or	1570
safety of one or more children in the care of the institution or	1571
association is at imminent risk.	1572

(2) The department has issued a proposed adjudication order	1573
pursuant to Chapter 119. of the Revised Code to deny renewal of or	1574
revoke the certificate of the institution or association.	1575

Sec. 5107.30.  (A) As used in this section:

1576

(1) "Equivalent of a high school diploma" and "good cause"	1577
have the meanings established in rules adopted under section	1578
5107.05 of the Revised Code.	1579

(2) "Participating teen" means an individual to whom all of	1580
the following apply:	1581

(a) The individual is a participant of Ohio works first;

1582

(b) The individual is under age eighteen or is age eighteen	1583
and in school and is a natural or adoptive parent or is pregnant;	1584

(c) The individual is subject to the LEAP program's	1585
requirements.	1586

(3) "School" means an educational program that is designed to	1587
lead to the attainment of a high school diploma or the equivalent	1588
of a high school diploma.	1589

(B) The director of job and family services may conduct a	1590
program titled the "LEAP program" in accordance with rules adopted	1591
under section 5107.05 of the Revised Code. The purpose of the LEAP	1592
program is to encourage teens to complete school. The LEAP program	1593
shall provide information on adoption as an option for unintended	1594
pregnancies to participating teens.	1595

Every participating teen shall attend school in accordance	1596
with the requirements governing the LEAP program unless the	1597
participating teen shows good cause for not attending school. The	1598
department shall provide, in addition to the cash assistance	1599
payment provided under Ohio works first, an incentive payment, in	1600
an amount determined by the department, to every participating	1601
teen who attends school in accordance with the requirements	1602
governing the LEAP program. In addition to the incentive payment,	1603
the department may provide other incentives to participating teens	1604
who attend school in accordance with the LEAP program's	1605
requirements. The department shall reduce the cash assistance	1606
payment, in an amount determined by the department, under Ohio	1607
works first to every participating teen who fails or refuses,	1608
without good cause, to meet the LEAP program's requirements.	1609

Every participating teen shall enter into a written agreement	1610
with the county department of job and family services that	1611
specifies all of the following:	1612

(1) The participating teen, to be eligible to receive the	1613
incentive payment and other incentives, if any, under this	1614
section, must meet the requirements of the LEAP program.	1615

(2) The incentive payment and other incentives, if any, will	1616
be provided if the participating teen meets the requirements of	1617
the LEAP program.	1618

(3) The participating teen's cash assistance payment under	1619
Ohio works first will be reduced if the participating teen fails	1620
or refuses without good cause to attend school in accordance with	1621
the requirements governing the LEAP program.	1622

(C) A minor head of household's participation in the LEAP	1623
program shall be counted in determining whether a county	1624
department of job and family services meets the requirement of	1625
section 5107.44 of the Revised Code.	1626

(D) Subject to the availability of funds, county departments	1627
of job and family services shall provide for participating teens	1628
to receive support services the county department determines to be	1629
necessary for LEAP participation. Support services may include	1630
publicly funded child care under Chapter 5104. of the Revised	1631
Code, transportation, and other services.	1632

Sec. 5153.122.  Each PCSA caseworker hired after January 1,	1633
2007, shall complete at least one hundred two hours of in-service	1634
training during the first year of the caseworker's continuous	1635
employment as a PCSA caseworker, except that the executive	1636
director of the public children services agency may waive the	1637
training requirement for a school of social work graduate who	1638
participated in the university partnership program described in	1639
division (D)(E) of section 5101.141 of the Revised Code. The	1640
training shall consist of courses in recognizingall of the	1641
following:	1642

(A) Recognizing, accepting reports of, and preventing child	1643
abuse, neglect, and dependency; assessing	1644

(B) Assessing child safety; assessing

1645

(C) Assessing risks; interviewing

1646

(D) Interviewing persons; investigating

1647

(E) Investigating cases; intervening

1648

(F) Intervening; providing

1649

(G) Providing services to children and their families; the

1650

(H) The importance of and need for accurate data;	1651
preparation	1652

(I) Preparation for court; maintenance

1653

(J) Maintenance of case record information; and other topics	1654
relevant to child abuse, neglect, and dependency. The training	1655
shall also include courses in the	1656

(K) The legal duties of PCSA caseworkers to protect the	1657
constitutional and statutory rights of children and families from	1658
the initial time of contact during investigation through	1659
treatment that shall include, including instruction regarding	1660
parents' rights and the limitations that the Fourth Amendment to	1661
the United States Constitution places upon caseworkers and their	1662
investigations;	1663

(L) Content on other topics relevant to child abuse, neglect,	1664
and dependency, including permanency strategies, concurrent	1665
planning, and adoption as an option for unintended pregnancies.	1666

After a PCSA caseworker's first year of continuous employment	1667
as a PCSA caseworker, the caseworker annually shall complete	1668
thirty-six hours of training in areas relevant to the caseworker's	1669
assigned duties.	1670

During the first two years of continuous employment as a PCSA	1671
caseworker, each PCSA caseworker shall complete at least twelve	1672
hours of training in recognizing the signs of domestic violence	1673
and its relationship to child abuse as established in rules the	1674
director of job and family services shall adopt pursuant to	1675
Chapter 119. of the Revised Code. The twelve hours may be in	1676
addition to the training required during the caseworker's first	1677
year of employment or part of the training required during the	1678
second year of employment.	1679

Section 2.  That existing sections 2151.353, 2151.361,	1680
2151.414, 2151.415, 3107.012, 3107.031, 3107.033, 3107.055,	1681
3107.06, 3107.07, 3107.101, 3107.11, 3107.14, 3107.60, 3107.66,	1682
3313.6011, 3317.024, 5103.03, 5107.30, and 5153.122 of the	1683
Revised Code are hereby repealed.	1684

Section 3. The Director of Job and Family Services shall	1685
establish a Child-Centered Recruitment Task Force. The Task Force	1686
shall consist of the Director of Job and Family Services, adoption	1687
professionals, and at least one professional from a public	1688
children services agency, private noncustodial agency, and private	1689
child placing agency. One member of the Task Force shall represent	1690
an agency that has created, utilized, or is currently utilizing,	1691
child-centered recruitment. Members of the Task Force shall serve	1692
without compensation.	1693

The Department of Job and Family Services shall provide the	1694
Task Force with meeting space and administrative support.	1695

The Task Force shall compile all effective procedures,	1696
models, and other relevant information regarding child-centered	1697
recruitment that public children services agencies, private	1698
noncustodial agencies, and private child placing agencies	1699
currently using child-centered recruitment utilize when seeking	1700
adoptive families for children in permanent custody.	1701

After compiling the procedures, models, or other relevant	1702
information, the Task Force shall create a uniform child-centered	1703
recruitment model based on the information compiled. The model	1704
shall include recommendations for finding an adoptive family for	1705
both of the following: (1) a child who has been in the custody of	1706
a public children services agency for at least one year and (2) a	1707
child who is nine years of age or older, in the custody of a	1708
public children services agency, and does not have a potential	1709
adoptive family identified. Not later than December 31, 2009, the	1710
Task Force shall disseminate the model to all public children	1711
services agencies, private noncustodial agencies, and private	1712
child placing agencies in this state. Upon dissemination of the	1713
uniform child-centered recruitment model, the Task Force shall	1714
cease to exist.	1715