H. B. No. 97 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

H. B. No. 97

Representative Fessler

Cosponsors: Representatives Seitz, Webster, Stebelton, McGregor, J., Adams, Bubp, Goodwin, Fende, Chandler

A BILL

To amend sections 2151.421, 5104.011, 5104.02, 1
5104.03, 5104.04, 5104.10, and 5104.99 and to 2
enact sections 5104.016, 5104.041, 5104.042, 3
5104.043, 5104.044, and 5104.14 of the Revised 4
Code to modify the laws pertaining to the 5
licensing of child care providers and the child 6
abuse memorandum of understanding that must be 7
prepared for each county. 8

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

       Section 1. That sections 2151.421, 5104.011, 5104.02, 9
5104.03, 5104.04, 5104.10, and 5104.99 be amended and sections 10
5104.016, 5104.041, 5104.042, 5104.043, 5104.044, and 5104.14 of 11
the Revised Code be enacted to read as follows: 12

       Sec. 2151.421. (A)(1)(a) No person described in division 13
(A)(1)(b) of this section who is acting in an official or 14
professional capacity and knows, or has reasonable cause to 15
suspect based on facts that would cause a reasonable person in a 16
similar position to suspect, that a child under eighteen years of 17
age or a mentally retarded, developmentally disabled, or 18
physically impaired child under twenty-one years of age has 19
suffered or faces a threat of suffering any physical or mental 20
wound, injury, disability, or condition of a nature that 21
reasonably indicates abuse or neglect of the child shall fail to 22
immediately report that knowledge or reasonable cause to suspect 23
to the entity or persons specified in this division. Except as 24
provided in section 5120.173 of the Revised Code, the person 25
making the report shall make it to the public children services 26
agency or a municipal or county peace officer in the county in 27
which the child resides or in which the abuse or neglect is 28
occurring or has occurred. In the circumstances described in 29
section 5120.173 of the Revised Code, the person making the report 30
shall make it to the entity specified in that section. 31

       (b) Division (A)(1)(a) of this section applies to any person 32
who is an attorney; physician, including a hospital intern or 33
resident; dentist; podiatrist; practitioner of a limited branch of 34
medicine as specified in section 4731.15 of the Revised Code; 35
registered nurse; licensed practical nurse; visiting nurse; other 36
health care professional; licensed psychologist; licensed school 37
psychologist; independent marriage and family therapist or 38
marriage and family therapist; speech pathologist or audiologist; 39
coroner; administrator or employee of a child day-care center; 40
administrator or employee of a residential camp or child day camp; 41
administrator or employee of a certified child care agency or 42
other public or private children services agency; school teacher; 43
school employee; school authority; person engaged in social work 44
or the practice of professional counseling; agent of a county 45
humane society; person, other than a cleric, rendering spiritual 46
treatment through prayer in accordance with the tenets of a 47
well-recognized religion; superintendent, board member, or 48
employee of a county board of mental retardation; investigative 49
agent contracted with by a county board of mental retardation; 50
employee of the department of mental retardation and developmental 51
disabilities; employee of a facility or home that provides respite 52
care in accordance with section 5123.171 of the Revised Code; 53
employee of a home health agency; employee of an entity that 54
provides homemaker services; a person performing the duties of an 55
assessor pursuant to Chapter 3107. or 5103. of the Revised Code; 56
or third party employed by a public children services agency to 57
assist in providing child or family related services. 58

       (2) Except as provided in division (A)(3) of this section, an 59
attorney or a physician is not required to make a report pursuant 60
to division (A)(1) of this section concerning any communication 61
the attorney or physician receives from a client or patient in an 62
attorney-client or physician-patient relationship, if, in 63
accordance with division (A) or (B) of section 2317.02 of the 64
Revised Code, the attorney or physician could not testify with 65
respect to that communication in a civil or criminal proceeding. 66

       (3) The client or patient in an attorney-client or 67
physician-patient relationship described in division (A)(2) of 68
this section is deemed to have waived any testimonial privilege 69
under division (A) or (B) of section 2317.02 of the Revised Code 70
with respect to any communication the attorney or physician 71
receives from the client or patient in that attorney-client or 72
physician-patient relationship, and the attorney or physician 73
shall make a report pursuant to division (A)(1) of this section 74
with respect to that communication, if all of the following apply: 75

       (a) The client or patient, at the time of the communication, 76
is either a child under eighteen years of age or a mentally 77
retarded, developmentally disabled, or physically impaired person 78
under twenty-one years of age. 79

       (b) The attorney or physician knows, or has reasonable cause 80
to suspect based on facts that would cause a reasonable person in 81
similar position to suspect, as a result of the communication or 82
any observations made during that communication, that the client 83
or patient has suffered or faces a threat of suffering any 84
physical or mental wound, injury, disability, or condition of a 85
nature that reasonably indicates abuse or neglect of the client or 86
patient. 87

       (c) The abuse or neglect does not arise out of the client's 88
or patient's attempt to have an abortion without the notification 89
of her parents, guardian, or custodian in accordance with section 90
2151.85 of the Revised Code. 91

       (4)(a) No cleric and no person, other than a volunteer, 92
designated by any church, religious society, or faith acting as a 93
leader, official, or delegate on behalf of the church, religious 94
society, or faith who is acting in an official or professional 95
capacity, who knows, or has reasonable cause to believe based on 96
facts that would cause a reasonable person in a similar position 97
to believe, that a child under eighteen years of age or a mentally 98
retarded, developmentally disabled, or physically impaired child 99
under twenty-one years of age has suffered or faces a threat of 100
suffering any physical or mental wound, injury, disability, or 101
condition of a nature that reasonably indicates abuse or neglect 102
of the child, and who knows, or has reasonable cause to believe 103
based on facts that would cause a reasonable person in a similar 104
position to believe, that another cleric or another person, other 105
than a volunteer, designated by a church, religious society, or 106
faith acting as a leader, official, or delegate on behalf of the 107
church, religious society, or faith caused, or poses the threat of 108
causing, the wound, injury, disability, or condition that 109
reasonably indicates abuse or neglect shall fail to immediately 110
report that knowledge or reasonable cause to believe to the entity 111
or persons specified in this division. Except as provided in 112
section 5120.173 of the Revised Code, the person making the report 113
shall make it to the public children services agency or a 114
municipal or county peace officer in the county in which the child 115
resides or in which the abuse or neglect is occurring or has 116
occurred. In the circumstances described in section 5120.173 of 117
the Revised Code, the person making the report shall make it to 118
the entity specified in that section. 119

        (b) Except as provided in division (A)(4)(c) of this section, 120
a cleric is not required to make a report pursuant to division 121
(A)(4)(a) of this section concerning any communication the cleric 122
receives from a penitent in a cleric-penitent relationship, if, in 123
accordance with division (C) of section 2317.02 of the Revised 124
Code, the cleric could not testify with respect to that 125
communication in a civil or criminal proceeding. 126

        (c) The penitent in a cleric-penitent relationship described 127
in division (A)(4)(b) of this section is deemed to have waived any 128
testimonial privilege under division (C) of section 2317.02 of the 129
Revised Code with respect to any communication the cleric receives 130
from the penitent in that cleric-penitent relationship, and the 131
cleric shall make a report pursuant to division (A)(4)(a) of this 132
section with respect to that communication, if all of the 133
following apply: 134

        (i) The penitent, at the time of the communication, is either 135
a child under eighteen years of age or a mentally retarded, 136
developmentally disabled, or physically impaired person under 137
twenty-one years of age. 138

        (ii) The cleric knows, or has reasonable cause to believe 139
based on facts that would cause a reasonable person in a similar 140
position to believe, as a result of the communication or any 141
observations made during that communication, the penitent has 142
suffered or faces a threat of suffering any physical or mental 143
wound, injury, disability, or condition of a nature that 144
reasonably indicates abuse or neglect of the penitent. 145

        (iii) The abuse or neglect does not arise out of the 146
penitent's attempt to have an abortion performed upon a child 147
under eighteen years of age or upon a mentally retarded, 148
developmentally disabled, or physically impaired person under 149
twenty-one years of age without the notification of her parents, 150
guardian, or custodian in accordance with section 2151.85 of the 151
Revised Code. 152

       (d) Divisions (A)(4)(a) and (c) of this section do not apply 153
in a cleric-penitent relationship when the disclosure of any 154
communication the cleric receives from the penitent is in 155
violation of the sacred trust. 156

        (e) As used in divisions (A)(1) and (4) of this section, 157
"cleric" and "sacred trust" have the same meanings as in section 158
2317.02 of the Revised Code. 159

       (B) Anyone who knows, or has reasonable cause to suspect 160
based on facts that would cause a reasonable person in similar 161
circumstances to suspect, that a child under eighteen years of age 162
or a mentally retarded, developmentally disabled, or physically 163
impaired person under twenty-one years of age has suffered or 164
faces a threat of suffering any physical or mental wound, injury, 165
disability, or other condition of a nature that reasonably 166
indicates abuse or neglect of the child may report or cause 167
reports to be made of that knowledge or reasonable cause to 168
suspect to the entity or persons specified in this division. 169
Except as provided in section 5120.173 of the Revised Code, a 170
person making a report or causing a report to be made under this 171
division shall make it or cause it to be made to the public 172
children services agency or to a municipal or county peace 173
officer. In the circumstances described in section 5120.173 of the 174
Revised Code, a person making a report or causing a report to be 175
made under this division shall make it or cause it to be made to 176
the entity specified in that section. 177

       (C) Any report made pursuant to division (A) or (B) of this 178
section shall be made forthwith either by telephone or in person 179
and shall be followed by a written report, if requested by the 180
receiving agency or officer. The written report shall contain: 181

       (1) The names and addresses of the child and the child's 182
parents or the person or persons having custody of the child, if 183
known; 184

       (2) The child's age and the nature and extent of the child's 185
injuries, abuse, or neglect that is known or reasonably suspected 186
or believed, as applicable, to have occurred or of the threat of 187
injury, abuse, or neglect that is known or reasonably suspected or 188
believed, as applicable, to exist, including any evidence of 189
previous injuries, abuse, or neglect; 190

       (3) Any other information that might be helpful in 191
establishing the cause of the injury, abuse, or neglect that is 192
known or reasonably suspected or believed, as applicable, to have 193
occurred or of the threat of injury, abuse, or neglect that is 194
known or reasonably suspected or believed, as applicable, to 195
exist. 196

       Any person, who is required by division (A) of this section 197
to report child abuse or child neglect that is known or reasonably 198
suspected or believed to have occurred, may take or cause to be 199
taken color photographs of areas of trauma visible on a child and, 200
if medically indicated, cause to be performed radiological 201
examinations of the child. 202

       (D) As used in this division, "children's advocacy center" 203
and "sexual abuse of a child" have the same meanings as in section 204
2151.425 of the Revised Code. 205

       (1) When a municipal or county peace officer receives a 206
report concerning the possible abuse or neglect of a child or the 207
possible threat of abuse or neglect of a child, upon receipt of 208
the report, the municipal or county peace officer who receives the 209
report shall refer the report to the appropriate public children 210
services agency. 211

       (2) When a public children services agency receives a report 212
pursuant to this division or division (A) or (B) of this section, 213
upon receipt of the report, the public children services agency 214
shall do both of the following: 215

       (a) Comply with section 2151.422 of the Revised Code; 216

       (b) If the county served by the agency is also served by a 217
children's advocacy center and the report alleges sexual abuse of 218
a child or another type of abuse of a child that is specified in 219
the memorandum of understanding that creates the center as being 220
within the center's jurisdiction, comply regarding the report with 221
the protocol and procedures for referrals and investigations, with 222
the coordinating activities, and with the authority or 223
responsibility for performing or providing functions, activities, 224
and services stipulated in the interagency agreement entered into 225
under section 2151.428 of the Revised Code relative to that 226
center. 227

       (E) No township, municipal, or county peace officer shall 228
remove a child about whom a report is made pursuant to this 229
section from the child's parents, stepparents, or guardian or any 230
other persons having custody of the child without consultation 231
with the public children services agency, unless, in the judgment 232
of the officer, and, if the report was made by physician, the 233
physician, immediate removal is considered essential to protect 234
the child from further abuse or neglect. The agency that must be 235
consulted shall be the agency conducting the investigation of the 236
report as determined pursuant to section 2151.422 of the Revised 237
Code. 238

       (F)(1) Except as provided in section 2151.422 of the Revised 239
Code or in an interagency agreement entered into under section 240
2151.428 of the Revised Code that applies to the particular 241
report, the public children services agency shall investigate, 242
within twenty-four hours, each report of child abuse or child 243
neglect that is known or reasonably suspected or believed to have 244
occurred and of a threat of child abuse or child neglect that is 245
known or reasonably suspected or believed to exist that is 246
referred to it under this section to determine the circumstances 247
surrounding the injuries, abuse, or neglect or the threat of 248
injury, abuse, or neglect, the cause of the injuries, abuse, 249
neglect, or threat, and the person or persons responsible. The 250
investigation shall be made in cooperation with the law 251
enforcement agency and in accordance with the memorandum of 252
understanding prepared under division (J) of this section. A 253
representative of the public children services agency shall, at 254
the time of initial contact with the person subject to the 255
investigation, inform the person of the specific complaints or 256
allegations made against the person. The information shall be 257
given in a manner that is consistent with division (H)(1) of this 258
section and protects the rights of the person making the report 259
under this section. 260

        A failure to make the investigation in accordance with the 261
memorandum is not grounds for, and shall not result in, the 262
dismissal of any charges or complaint arising from the report or 263
the suppression of any evidence obtained as a result of the report 264
and does not give, and shall not be construed as giving, any 265
rights or any grounds for appeal or post-conviction relief to any 266
person. The public children services agency shall report each case 267
to the uniform statewide automated child welfare information 268
system that the department of job and family services shall 269
maintain in accordance with section 5101.13 of the Revised Code. 270
The public children services agency shall submit a report of its 271
investigation, in writing, to the law enforcement agency. 272

       (2) The public children services agency shall make any 273
recommendations to the county prosecuting attorney or city 274
director of law that it considers necessary to protect any 275
children that are brought to its attention. 276

       (G)(1)(a) Except as provided in division (H)(3) of this 277
section, anyone or any hospital, institution, school, health 278
department, or agency participating in the making of reports under 279
division (A) of this section, anyone or any hospital, institution, 280
school, health department, or agency participating in good faith 281
in the making of reports under division (B) of this section, and 282
anyone participating in good faith in a judicial proceeding 283
resulting from the reports, shall be immune from any civil or 284
criminal liability for injury, death, or loss to person or 285
property that otherwise might be incurred or imposed as a result 286
of the making of the reports or the participation in the judicial 287
proceeding. 288

       (b) Notwithstanding section 4731.22 of the Revised Code, the 289
physician-patient privilege shall not be a ground for excluding 290
evidence regarding a child's injuries, abuse, or neglect, or the 291
cause of the injuries, abuse, or neglect in any judicial 292
proceeding resulting from a report submitted pursuant to this 293
section. 294

       (2) In any civil or criminal action or proceeding in which it 295
is alleged and proved that participation in the making of a report 296
under this section was not in good faith or participation in a 297
judicial proceeding resulting from a report made under this 298
section was not in good faith, the court shall award the 299
prevailing party reasonable attorney's fees and costs and, if a 300
civil action or proceeding is voluntarily dismissed, may award 301
reasonable attorney's fees and costs to the party against whom the 302
civil action or proceeding is brought. 303

       (H)(1) Except as provided in divisions (H)(4) and (M) of this 304
section, a report made under this section is confidential. The 305
information provided in a report made pursuant to this section and 306
the name of the person who made the report shall not be released 307
for use, and shall not be used, as evidence in any civil action or 308
proceeding brought against the person who made the report. In a 309
criminal proceeding, the report is admissible in evidence in 310
accordance with the Rules of Evidence and is subject to discovery 311
in accordance with the Rules of Criminal Procedure. 312

       (2) No person shall permit or encourage the unauthorized 313
dissemination of the contents of any report made under this 314
section. 315

       (3) A person who knowingly makes or causes another person to 316
make a false report under division (B) of this section that 317
alleges that any person has committed an act or omission that 318
resulted in a child being an abused child or a neglected child is 319
guilty of a violation of section 2921.14 of the Revised Code. 320

       (4) If a report is made pursuant to division (A) or (B) of 321
this section and the child who is the subject of the report dies 322
for any reason at any time after the report is made, but before 323
the child attains eighteen years of age, the public children 324
services agency or municipal or county peace officer to which the 325
report was made or referred, on the request of the child fatality 326
review board, shall submit a summary sheet of information 327
providing a summary of the report to the review board of the 328
county in which the deceased child resided at the time of death. 329
On the request of the review board, the agency or peace officer 330
may, at its discretion, make the report available to the review 331
board. If the county served by the public children services agency 332
is also served by a children's advocacy center and the report of 333
alleged sexual abuse of a child or another type of abuse of a 334
child is specified in the memorandum of understanding that creates 335
the center as being within the center's jurisdiction, the agency 336
or center shall perform the duties and functions specified in this 337
division in accordance with the interagency agreement entered into 338
under section 2151.428 of the Revised Code relative to that 339
advocacy center. 340

       (5) A public children services agency shall advise a person 341
alleged to have inflicted abuse or neglect on a child who is the 342
subject of a report made pursuant to this section, including a 343
report alleging sexual abuse of a child or another type of abuse 344
of a child referred to a children's advocacy center pursuant to an 345
interagency agreement entered into under section 2151.428 of the 346
Revised Code, in writing of the disposition of the investigation. 347
The agency shall not provide to the person any information that 348
identifies the person who made the report, statements of 349
witnesses, or police or other investigative reports. 350

       (I) Any report that is required by this section, other than a 351
report that is made to the state highway patrol as described in 352
section 5120.173 of the Revised Code, shall result in protective 353
services and emergency supportive services being made available by 354
the public children services agency on behalf of the children 355
about whom the report is made, in an effort to prevent further 356
neglect or abuse, to enhance their welfare, and, whenever 357
possible, to preserve the family unit intact. The agency required 358
to provide the services shall be the agency conducting the 359
investigation of the report pursuant to section 2151.422 of the 360
Revised Code. 361

       (J)(1) Each public children services agency shall prepare a 362
memorandum of understanding that is signed by all of the 363
following: 364

       (a) If there is only one juvenile judge in the county, the 365
juvenile judge of the county or the juvenile judge's 366
representative; 367

       (b) If there is more than one juvenile judge in the county, a 368
juvenile judge or the juvenile judges' representative selected by 369
the juvenile judges or, if they are unable to do so for any 370
reason, the juvenile judge who is senior in point of service or 371
the senior juvenile judge's representative; 372

       (c) The county peace officer; 373

       (d) All chief municipal peace officers within the county; 374

       (e) Other law enforcement officers handling child abuse and 375
neglect cases in the county; 376

       (f) The prosecuting attorney of the county; 377

       (g) If the public children services agency is not the county 378
department of job and family services, the county department of 379
job and family services; 380

       (h) The county humane society; 381

       (i) If the public children services agency participated in 382
the execution of a memorandum of understanding under section 383
2151.426 of the Revised Code establishing a children's advocacy 384
center, each participating member of the children's advocacy 385
center established by the memorandum. 386

       (2) A memorandum of understanding shall set forth the normal 387
operating procedure to be employed by all concerned officials in 388
the execution of their respective responsibilities under this 389
section and division (C) of section 2919.21, division (B)(1) of 390
section 2919.22, division (B) of section 2919.23, and section 391
2919.24 of the Revised Code and shall have as two of its primary 392
goals the elimination of all unnecessary interviews of children 393
who are the subject of reports made pursuant to division (A) or 394
(B) of this section and, when feasible, providing for only one 395
interview of a child who is the subject of any report made 396
pursuant to division (A) or (B) of this section. A failure to 397
follow the procedure set forth in the memorandum by the concerned 398
officials is not grounds for, and shall not result in, the 399
dismissal of any charges or complaint arising from any reported 400
case of abuse or neglect or the suppression of any evidence 401
obtained as a result of any reported child abuse or child neglect 402
and does not give, and shall not be construed as giving, any 403
rights or any grounds for appeal or post-conviction relief to any 404
person. 405

       (3) A memorandum of understanding shall include all of the 406
following: 407

       (a) The roles and responsibilities for handling emergency and 408
nonemergency cases of abuse and neglect; 409

       (b) Standards and procedures to be used in handling and 410
coordinating investigations of reported cases of child abuse and 411
reported cases of child neglect, methods to be used in 412
interviewing the child who is the subject of the report and who 413
allegedly was abused or neglected, and standards and procedures 414
addressing the categories of persons who may interview the child 415
who is the subject of the report and who allegedly was abused or 416
neglected. 417

       (4) If a public children services agency participated in the 418
execution of a memorandum of understanding under section 2151.426 419
of the Revised Code establishing a children's advocacy center, the 420
agency shall incorporate the contents of that memorandum in the 421
memorandum prepared pursuant to this section. 422

       (5) Not less than once every five years, the public children 423
services agency shall review the memorandum of understanding 424
prepared pursuant to this section. If it determines from the 425
review that revisions are necessary, the agency shall prepare 426
another memorandum of understanding in accordance with divisions 427
(J)(1) to (4) of this section. 428

       (6) The public children services agency shall file a copy of 429
each memorandum of understanding it prepares pursuant to this 430
section with the department of job and family services. 431

       (7) The public children services agency shall provide a copy 432
of any memorandum of understanding it prepares pursuant to this 433
section to a member of the public on request. 434

       (K)(1) Except as provided in division (K)(4) of this section, 435
a person who is required to make a report pursuant to division (A) 436
of this section may make a reasonable number of requests of the 437
public children services agency that receives or is referred the 438
report, or of the children's advocacy center that is referred the 439
report if the report is referred to a children's advocacy center 440
pursuant to an interagency agreement entered into under section 441
2151.428 of the Revised Code, to be provided with the following 442
information: 443

       (a) Whether the agency or center has initiated an 444
investigation of the report; 445

       (b) Whether the agency or center is continuing to investigate 446
the report; 447

       (c) Whether the agency or center is otherwise involved with 448
the child who is the subject of the report; 449

       (d) The general status of the health and safety of the child 450
who is the subject of the report; 451

       (e) Whether the report has resulted in the filing of a 452
complaint in juvenile court or of criminal charges in another 453
court. 454

       (2) A person may request the information specified in 455
division (K)(1) of this section only if, at the time the report is 456
made, the person's name, address, and telephone number are 457
provided to the person who receives the report. 458

       When a municipal or county peace officer or employee of a 459
public children services agency receives a report pursuant to 460
division (A) or (B) of this section the recipient of the report 461
shall inform the person of the right to request the information 462
described in division (K)(1) of this section. The recipient of the 463
report shall include in the initial child abuse or child neglect 464
report that the person making the report was so informed and, if 465
provided at the time of the making of the report, shall include 466
the person's name, address, and telephone number in the report. 467

       Each request is subject to verification of the identity of 468
the person making the report. If that person's identity is 469
verified, the agency shall provide the person with the information 470
described in division (K)(1) of this section a reasonable number 471
of times, except that the agency shall not disclose any 472
confidential information regarding the child who is the subject of 473
the report other than the information described in those 474
divisions. 475

       (3) A request made pursuant to division (K)(1) of this 476
section is not a substitute for any report required to be made 477
pursuant to division (A) of this section. 478

       (4) If an agency other than the agency that received or was 479
referred the report is conducting the investigation of the report 480
pursuant to section 2151.422 of the Revised Code, the agency 481
conducting the investigation shall comply with the requirements of 482
division (K) of this section. 483

       (L) The director of job and family services shall adopt rules 484
in accordance with Chapter 119. of the Revised Code to implement 485
this section. The department of job and family services may enter 486
into a plan of cooperation with any other governmental entity to 487
aid in ensuring that children are protected from abuse and 488
neglect. The department shall make recommendations to the attorney 489
general that the department determines are necessary to protect 490
children from child abuse and child neglect. 491

       (M)(1) As used in this division: 492

        (a) "Out-of-home care" includes a nonchartered nonpublic 493
school if the alleged child abuse or child neglect, or alleged 494
threat of child abuse or child neglect, described in a report 495
received by a public children services agency allegedly occurred 496
in or involved the nonchartered nonpublic school and the alleged 497
perpetrator named in the report holds a certificate, permit, or 498
license issued by the state board of education under section 499
3301.071 or Chapter 3319. of the Revised Code. 500

        (b) "Administrator, director, or other chief administrative 501
officer" means the superintendent of the school district if the 502
out-of-home care entity subject to a report made pursuant to this 503
section is a school operated by the district. 504

        (2) No later than the end of the day following the day on 505
which a public children services agency receives a report of 506
alleged child abuse or child neglect, or a report of an alleged 507
threat of child abuse or child neglect, that allegedly occurred in 508
or involved an out-of-home care entity, the agency shall provide 509
written notice of the allegations contained in and the person 510
named as the alleged perpetrator in the report to the 511
administrator, director, or other chief administrative officer of 512
the out-of-home care entity that is the subject of the report 513
unless the administrator, director, or other chief administrative 514
officer is named as an alleged perpetrator in the report. If the 515
administrator, director, or other chief administrative officer of 516
an out-of-home care entity is named as an alleged perpetrator in a 517
report of alleged child abuse or child neglect, or a report of an 518
alleged threat of child abuse or child neglect, that allegedly 519
occurred in or involved the out-of-home care entity, the agency 520
shall provide the written notice to the owner or governing board 521
of the out-of-home care entity that is the subject of the report. 522
The agency shall not provide witness statements or police or other 523
investigative reports. 524

       (3) No later than three days after the day on which a public 525
children services agency that conducted the investigation as 526
determined pursuant to section 2151.422 of the Revised Code makes 527
a disposition of an investigation involving a report of alleged 528
child abuse or child neglect, or a report of an alleged threat of 529
child abuse or child neglect, that allegedly occurred in or 530
involved an out-of-home care entity, the agency shall send written 531
notice of the disposition of the investigation to the 532
administrator, director, or other chief administrative officer and 533
the owner or governing board of the out-of-home care entity. The 534
agency shall not provide witness statements or police or other 535
investigative reports. 536

       Sec. 5104.011. (A) The director of job and family services 537
shall adopt rules pursuant to Chapter 119. of the Revised Code 538
governing the operation of child day-care centers, including~~, but~~ 539
~~not limited to,~~ parent cooperative centers, part-time centers, 540
drop-in centers, and school child centers, which rules shall 541
reflect the various forms of child care and the needs of children 542
receiving child care or publicly funded child care and shall 543
include specific rules for school child care centers that are 544
developed in consultation with the department of education. The 545
rules shall not require an existing school facility that is in 546
compliance with applicable building codes to undergo an additional 547
building code inspection or to have structural modifications. The 548
rules shall include the following: 549

       (1) Submission of a site plan and descriptive plan of 550
operation to demonstrate how the center proposes to meet the 551
requirements of this chapter and rules adopted pursuant to this 552
chapter for the initial license application; 553

       (2) Standards for ensuring that the physical surroundings of 554
the center are safe and sanitary including~~, but not limited to,~~ 555
the physical environment, the physical plant, and the equipment of 556
the center; 557

       (3) Standards for the supervision, care, and discipline of 558
children receiving child care or publicly funded child care in the 559
center; 560

       (4) Standards for a program of activities, and for play 561
equipment, materials, and supplies, to enhance the development of 562
each child; however, any educational curricula, philosophies, and 563
methodologies that are developmentally appropriate and that 564
enhance the social, emotional, intellectual, and physical 565
development of each child shall be permissible. As used in this 566
division, "program" does not include instruction in religious or 567
moral doctrines, beliefs, or values that is conducted at child 568
day-care centers owned and operated by churches and does include 569
methods of disciplining children at child day-care centers. 570

       (5) ~~Admissions~~Subject to section 5104.016 of the Revised 571
Code, admission policies and procedures, health care policies and 572
procedures, including~~, but not limited to,~~ procedures for the 573
isolation of children with communicable diseases, first aid and 574
emergency procedures, procedures for discipline and supervision of 575
children, standards for the provision of nutritious meals and 576
snacks, and procedures for screening children and employees, 577
including~~, but not limited to,~~ any necessary physical examinations 578
and immunizations; 579

       (6) Methods for encouraging parental participation in the 580
center and methods for ensuring that the rights of children, 581
parents, and employees are protected and that responsibilities of 582
parents and employees are met; 583

       (7) Procedures for ensuring the safety and adequate 584
supervision of children traveling off the premises of the center 585
while under the care of a center employee; 586

       (8) Procedures for record keeping, organization, and 587
administration; 588

       (9) Procedures for issuing, renewing, denying, and revoking a 589
license that are not otherwise provided for in Chapter 119. of the 590
Revised Code; 591

       (10) ~~Inspection procedures~~Procedures for conducting 592
inspections and investigations under sections 5104.03 and 5104.04 593
of the Revised Code, when applicable, with regard to applicants, 594
licensed centers, and child care providers allegedly in violation 595
of division (A)(2) of section 5104.02 of the Revised Code for not 596
being licensed as a center; 597

       (11) Procedures and standards for setting initial and renewal 598
license application fees; 599

       (12) Procedures for receiving, recording, and responding to 600
complaints received under section 5104.14 of the Revised Code 601
about licensed centers and about child care providers allegedly in 602
violation of division (A)(2) of section 5104.02 of the Revised 603
Code for not being licensed as a center; 604

       (13) Procedures for implementing or enforcing ~~section~~ 605
sections 5104.04, 5104.041, 5104.042, and 5104.043 of the Revised 606
Code; 607

       (14) ~~A standard requiring the inclusion, on and after July 1,~~ 608
~~1987, of a current department of job and family services toll-free~~ 609
~~telephone number on each center provisional license or license~~ 610
~~which any person may use to report a suspected violation by the~~ 611
~~center of this chapter or rules adopted pursuant to this chapter;~~ 612

       ~~(15)~~ Requirements for the training of administrators and 613
child-care staff members in first aid, in prevention, recognition, 614
and management of communicable diseases, and in child abuse 615
recognition and prevention. Training requirements for child 616
day-care centers adopted under this division shall be consistent 617
with divisions (B)(6) and (C)(1) of this section. 618

       ~~(16)~~(15) Procedures to be used by licensees for checking the 619
references of potential employees of centers ~~and procedures~~. For 620
cases in which the licensee is not the administrator of the 621
center, the rules shall specify procedures to be followed by the 622
licensee in obtaining from an individual being considered for 623
employment as the administrator a signed statement specifying 624
whether the individual has been the administrator of a child 625
day-care center or type A family day-care home that had its 626
license revoked while the individual was the administrator. 627

       (16) Procedures to be used by the director for checking the 628
references of applicants for licenses to operate centers; 629

       (17) Standards providing for the special needs of children 630
who are handicapped or who require treatment for health conditions 631
while the child is receiving child care or publicly funded child 632
care in the center; 633

       (18) A procedure for reporting of injuries of children that 634
occur at the center; 635

       (19) ~~Any other procedures~~Procedures and standards necessary 636
to ~~carry out this chapter~~protect the health and safety of 637
children receiving child care or publicly funded child care in the 638
center. 639

       (B)(1) The child day-care center shall have, for each child 640
for whom the center is licensed, at least thirty-five square feet 641
of usable indoor floor space wall-to-wall regularly available for 642
the child care operation exclusive of any parts of the structure 643
in which the care of children is prohibited by law or by rules 644
adopted by the board of building standards. The minimum of 645
thirty-five square feet of usable indoor floor space shall not 646
include hallways, kitchens, storage areas, or any other areas that 647
are not available for the care of children, ~~as determined by the~~ 648
~~director,~~ in meeting the space requirement of this division, and 649
bathrooms shall be counted in determining square footage only if 650
they are used exclusively by children enrolled in the center, 651
except that the exclusion of hallways, kitchens, storage areas, 652
bathrooms not used exclusively by children enrolled in the center, 653
and any other areas not available for the care of children from 654
the minimum of thirty-five square feet of usable indoor floor 655
space shall not apply to: 656

       (a) Centers licensed prior to or on September 1, 1986, that 657
continue under licensure after that date; 658

       (b) Centers licensed prior to or on September 1, 1986, that 659
are issued a new license after that date solely due to a change of 660
ownership of the center. 661

       (2) The child day-care center shall have on the site a safe 662
outdoor play space which is enclosed by a fence or otherwise 663
protected from traffic or other hazards. The play space shall 664
contain not less than sixty square feet per child using such space 665
at any one time, and shall provide an opportunity for supervised 666
outdoor play each day in suitable weather. The director may exempt 667
a center from the requirement of this division, if an outdoor play 668
space is not available and if all of the following are met: 669

       (a) The center provides an indoor recreation area that has 670
not less than sixty square feet per child using the space at any 671
one time, that has a minimum of one thousand four hundred forty 672
square feet of space, and that is separate from the indoor space 673
required under division (B)(1) of this section. 674

       (b) The director has determined that there is regularly 675
available and scheduled for use a conveniently accessible and safe 676
park, playground, or similar outdoor play area for play or 677
recreation. 678

       (c) The children are closely supervised during play and while 679
traveling to and from the area. 680

       The director also shall exempt from the requirement of this 681
division a child day-care center that was licensed prior to 682
September 1, 1986, if the center received approval from the 683
director prior to September 1, 1986, to use a park, playground, or 684
similar area, not connected with the center, for play or 685
recreation in lieu of the outdoor space requirements of this 686
section and if the children are closely supervised both during 687
play and while traveling to and from the area and except if the 688
director determines upon investigation and inspection pursuant to 689
section 5104.04 of the Revised Code and rules adopted pursuant to 690
that section that the park, playground, or similar area, as well 691
as access to and from the area, is unsafe for the children. 692

       (3) The child day-care center shall have at least two 693
responsible adults available on the premises at all times when 694
seven or more children are in the center. The center shall 695
organize the children in the center in small groups, shall provide 696
child-care staff to give continuity of care and supervision to the 697
children on a day-by-day basis, and shall ensure that no child is 698
left alone or unsupervised. Except as otherwise provided in 699
division (E) of this section, the maximum number of children per 700
child-care staff member and maximum group size, by age category of 701
children, are as follows: 702

Maximum Number of 703

Children Per Maximum 704

Age Category Child-Care Group 705

of Children Staff Member Size 706

(a) Infants: 707

(i) Less than twelve 708

months old 5:1, or 709

12:2 if two 710

child-care 711

staff members 712

are in the room 12 713

(ii) At least twelve 714

months old, but 715

less than eighteen 716

months old 6:1 12 717

(b) Toddlers: 718

(i) At least eighteen 719

months old, but 720

less than thirty 721

months old 7:1 14 722

(ii) At least thirty months 723

old, but less than 724

three years old 8:1 16 725

(c) Preschool 726

children: 727

(i) Three years old 12:1 24 728

(ii) Four years old and 729

five years old who 730

are not school 731

children 14:1 28 732

(d) School children: 733

(i) A child who is 734

enrolled in or is 735

eligible to be 736

enrolled in a grade 737

of kindergarten 738

or above, but 739

is less than 740

eleven years old 18:1 36 741

(ii) Eleven through fourteen 742

years old 20:1 40 743

       Except as otherwise provided in division (E) of this section, 744
the maximum number of children per child-care staff member and 745
maximum group size requirements of the younger age group shall 746
apply when age groups are combined. 747

       (4)(a) The child day-care center administrator shall show the 748
director both of the following: 749

       (i) Evidence of at least high school graduation or 750
certification of high school equivalency by the state board of 751
education or the appropriate agency of another state; 752

       (ii) Evidence of having completed at least two years of 753
training in an accredited college, university, or technical 754
college, including courses in child development or early childhood 755
education, or at least two years of experience in supervising and 756
giving daily care to children attending an organized group 757
program. 758

       (b) In addition to the requirements of division (B)(4)(a) of 759
this section, any administrator employed or designated on or after 760
September 1, 1986, shall show evidence of, and any administrator 761
employed or designated prior to September 1, 1986, shall show 762
evidence within six years after such date of, at least one of the 763
following: 764

       (i) Two years of experience working as a child-care staff 765
member in a center and at least four courses in child development 766
or early childhood education from an accredited college, 767
university, or technical college, except that a person who has two 768
years of experience working as a child-care staff member in a 769
particular center and who has been promoted to or designated as 770
administrator of that center shall have one year from the time the 771
person was promoted to or designated as administrator to complete 772
the required four courses; 773

       (ii) Two years of training, including at least four courses 774
in child development or early childhood education from an 775
accredited college, university, or technical college; 776

       (iii) A child development associate credential issued by the 777
national child development associate credentialing commission; 778

       (iv) An associate or higher degree in child development or 779
early childhood education from an accredited college, technical 780
college, or university, or a license designated for teaching in an 781
associate teaching position in a preschool setting issued by the 782
state board of education. 783

       (5) All child-care staff members of a child day-care center 784
shall be at least eighteen years of age, and shall furnish the 785
director evidence of at least high school graduation or 786
certification of high school equivalency by the state board of 787
education or the appropriate agency of another state or evidence 788
of completion of a training program approved by the department of 789
job and family services or state board of education, except as 790
follows: 791

       (a) A child-care staff member may be less than eighteen years 792
of age if the staff member is either of the following: 793

       (i) A graduate of a two-year vocational child-care training 794
program approved by the state board of education; 795

       (ii) A student enrolled in the second year of a vocational 796
child-care training program approved by the state board of 797
education which leads to high school graduation, provided that the 798
student performs the student's duties in the child day-care center 799
under the continuous supervision of an experienced child-care 800
staff member, receives periodic supervision from the vocational 801
child-care training program teacher-coordinator in the student's 802
high school, and meets all other requirements of this chapter and 803
rules adopted pursuant to this chapter. 804

       (b) A child-care staff member shall be exempt from the 805
educational requirements of this division if the staff member: 806

       (i) Prior to January 1, 1972, was employed or designated by a 807
child day-care center and has been continuously employed since 808
either by the same child day-care center employer or at the same 809
child day-care center; or 810

       (ii) Is a student enrolled in the second year of a vocational 811
child-care training program approved by the state board of 812
education which leads to high school graduation, provided that the 813
student performs the student's duties in the child day-care center 814
under the continuous supervision of an experienced child-care 815
staff member, receives periodic supervision from the vocational 816
child-care training program teacher-coordinator in the student's 817
high school, and meets all other requirements of this chapter and 818
rules adopted pursuant to this chapter. 819

       (6) Every child care staff member of a child day-care center 820
annually shall complete fifteen hours of inservice training in 821
child development or early childhood education, child abuse 822
recognition and prevention, first aid, and in prevention, 823
recognition, and management of communicable diseases, until a 824
total of forty-five hours of training has been completed, unless 825
the staff member furnishes one of the following to the director: 826

       (a) Evidence of an associate or higher degree in child 827
development or early childhood education from an accredited 828
college, university, or technical college; 829

       (b) A license designated for teaching in an associate 830
teaching position in a preschool setting issued by the state board 831
of education; 832

       (c) Evidence of a child development associate credential; 833

       (d) Evidence of a preprimary credential from the American 834
Montessori society or the association Montessori ~~international~~ 835
internationale. For the purposes of division (B)(6) of this 836
section, "hour" means sixty minutes. 837

       (7) The administrator of each child day-care center shall 838
prepare at least once annually and for each group of children at 839
the center a roster of names and telephone numbers of parents, 840
custodians, or guardians of each group of children attending the 841
center and upon request shall furnish the roster for each group to 842
the parents, custodians, or guardians of the children in that 843
group. The administrator may prepare a roster of names and 844
telephone numbers of all parents, custodians, or guardians of 845
children attending the center and upon request shall furnish the 846
roster to the parents, custodians, or guardians of the children 847
who attend the center. The administrator shall not include in any 848
roster the name or telephone number of any parent, custodian, or 849
guardian who requests the administrator not to include the 850
parent's, custodian's, or guardian's name or number and shall not 851
furnish any roster to any person other than a parent, custodian, 852
or guardian of a child who attends the center. 853

       (C)(1) Each child day-care center shall have on the center 854
premises and readily available at all times at least one 855
child-care staff member who has completed a course in first aid 856
and in prevention, recognition, and management of communicable 857
diseases which is approved by the state department of health and a 858
staff member who has completed a course in child abuse recognition 859
and prevention training which is approved by the department of job 860
and family services. 861

       (2) The administrator of each child day-care center shall 862
maintain enrollment, health, and attendance records for all 863
children attending the center and health and employment records 864
for all center employees. The records shall be confidential, 865
except as otherwise provided in division (B)(7) of this section 866
and except that they shall be disclosed by the administrator to 867
the director upon request for the purpose of administering and 868
enforcing this chapter and rules adopted pursuant to this chapter. 869
Neither the center nor the licensee, administrator, or employees 870
of the center shall be civilly or criminally liable in damages or 871
otherwise for records disclosed to the director by the 872
administrator pursuant to this division. It shall be a defense to 873
any civil or criminal charge based upon records disclosed by the 874
administrator to the director that the records were disclosed 875
pursuant to this division. 876

       (3)(a) Any parent who is the residential parent and legal 877
custodian of a child enrolled in a child day-care center and any 878
custodian or guardian of such a child shall be permitted unlimited 879
access to the center during its hours of operation for the 880
purposes of contacting their children, evaluating the care 881
provided by the center, evaluating the premises of the center, or 882
for other purposes approved by the director. A parent of a child 883
enrolled in a child day-care center who is not the child's 884
residential parent shall be permitted unlimited access to the 885
center during its hours of operation for those purposes under the 886
same terms and conditions under which the residential parent of 887
that child is permitted access to the center for those purposes. 888
However, the access of the parent who is not the residential 889
parent is subject to any agreement between the parents and, to the 890
extent described in division (C)(3)(b) of this section, is subject 891
to any terms and conditions limiting the right of access of the 892
parent who is not the residential parent, as described in division 893
(I) of section 3109.051 of the Revised Code, that are contained in 894
a parenting time order or decree issued under that section, 895
section 3109.12 of the Revised Code, or any other provision of the 896
Revised Code. 897

       (b) If a parent who is the residential parent of a child has 898
presented the administrator or the administrator's designee with a 899
copy of a parenting time order that limits the terms and 900
conditions under which the parent who is not the residential 901
parent is to have access to the center, as described in division 902
(I) of section 3109.051 of the Revised Code, the parent who is not 903
the residential parent shall be provided access to the center only 904
to the extent authorized in the order. If the residential parent 905
has presented such an order, the parent who is not the residential 906
parent shall be permitted access to the center only in accordance 907
with the most recent order that has been presented to the 908
administrator or the administrator's designee by the residential 909
parent or the parent who is not the residential parent. 910

       (c) Upon entering the premises pursuant to division (C)(3)(a) 911
or (b) of this section, the parent who is the residential parent 912
and legal custodian, the parent who is not the residential parent, 913
or the custodian or guardian shall notify the administrator or the 914
administrator's designee of the parent's, custodian's, or 915
guardian's presence. 916

       (D) The director of job and family services, in addition to 917
the rules adopted under division (A) of this section, shall adopt 918
rules establishing minimum requirements for child day-care 919
centers. The rules shall include~~, but not be limited to,~~ the 920
requirements set forth in divisions (B) and (C) of this section. 921
Except as provided in section 5104.07 of the Revised Code, the 922
rules shall not change the square footage requirements of division 923
(B)(1) or (2) of this section; the maximum number of children per 924
child-care staff member and maximum group size requirements of 925
division (B)(3) of this section; the educational and experience 926
requirements of division (B)(4) of this section; the age, 927
educational, and experience requirements of division (B)(5) of 928
this section; the number of inservice training hours required 929
under division (B)(6) of this section; or the requirement for at 930
least annual preparation of a roster for each group of children of 931
names and telephone numbers of parents, custodians, or guardians 932
of each group of children attending the center that must be 933
furnished upon request to any parent, custodian, or guardian of 934
any child in that group required under division (B)(7) of this 935
section; however, the rules shall provide procedures for 936
determining compliance with those requirements. 937

       (E)(1) When age groups are combined, the maximum number of 938
children per child-care staff member shall be determined by the 939
age of the youngest child in the group, except that when no more 940
than one child thirty months of age or older receives services in 941
a group in which all the other children are in the next older age 942
group, the maximum number of children per child-care staff member 943
and maximum group size requirements of the older age group 944
established under division (B)(3) of this section shall apply. 945

       (2) The maximum number of toddlers or preschool children per 946
child-care staff member in a room where children are napping shall 947
be twice the maximum number of children per child-care staff 948
member established under division (B)(3) of this section if all 949
the following criteria are met: 950

       (a) At least one child-care staff member is present in the 951
room. 952

       (b) Sufficient child-care staff members are on the child 953
day-care center premises to meet the maximum number of children 954
per child-care staff member requirements established under 955
division (B)(3) of this section. 956

       (c) Naptime preparations are complete and all napping 957
children are resting or sleeping on cots. 958

       (d) The maximum number established under division (E)(2) of 959
this section is in effect for no more than one and one-half hours 960
during a twenty-four-hour day. 961

       (F) The director of job and family services shall adopt rules 962
pursuant to Chapter 119. of the Revised Code governing the 963
operation of type A family day-care homes, including~~, but not~~ 964
~~limited to,~~ parent cooperative type A homes, part-time type A 965
homes, drop-in type A homes, and school child type A homes, which 966
shall reflect the various forms of child care and the needs of 967
children receiving child care. The rules shall include the 968
following: 969

       (1) Submission of a site plan and descriptive plan of 970
operation to demonstrate how the type A home proposes to meet the 971
requirements of this chapter and rules adopted pursuant to this 972
chapter for the initial license application; 973

       (2) Standards for ensuring that the physical surroundings of 974
the type A home are safe and sanitary, including~~, but not limited~~ 975
~~to,~~ the physical environment, the physical plant, and the 976
equipment of the type A home; 977

       (3) Standards for the supervision, care, and discipline of 978
children receiving child care or publicly funded child care in the 979
type A home; 980

       (4) Standards for a program of activities, and for play 981
equipment, materials, and supplies, to enhance the development of 982
each child; however, any educational curricula, philosophies, and 983
methodologies that are developmentally appropriate and that 984
enhance the social, emotional, intellectual, and physical 985
development of each child shall be permissible; 986

       (5) ~~Admissions~~Subject to section 5104.016 of the Revised 987
Code, admission policies and procedures, health care policies and 988
procedures, including~~, but not limited to,~~ procedures for the 989
isolation of children with communicable diseases, first aid and 990
emergency procedures, procedures for discipline and supervision of 991
children, standards for the provision of nutritious meals and 992
snacks, and procedures for screening children and employees, 993
including~~, but not limited to,~~ any necessary physical examinations 994
and immunizations; 995

       (6) Methods for encouraging parental participation in the 996
type A home and methods for ensuring that the rights of children, 997
parents, and employees are protected and that the responsibilities 998
of parents and employees are met; 999

       (7) Procedures for ensuring the safety and adequate 1000
supervision of children traveling off the premises of the type A 1001
home while under the care of a type A home employee; 1002

       (8) Procedures for record keeping, organization, and 1003
administration; 1004

       (9) Procedures for issuing, renewing, denying, and revoking a 1005
license that are not otherwise provided for in Chapter 119. of the 1006
Revised Code; 1007

       (10) ~~Inspection procedures~~Procedures for conducting 1008
inspections and investigations under sections 5104.03 and 5104.04 1009
of the Revised Code, when applicable, with regard to applicants, 1010
licensed type A homes, and child care providers allegedly in 1011
violation of division (A)(2) of section 5104.02 of the Revised 1012
Code for not being licensed as a type A home; 1013

       (11) Procedures and standards for setting initial and renewal 1014
license application fees; 1015

       (12) Procedures for receiving, recording, and responding to 1016
complaints received under section 5104.14 of the Revised Code 1017
about licensed type A homes and about child care providers 1018
allegedly in violation of division (A)(2) of section 5104.02 of 1019
the Revised Code for not being licensed as a type A home; 1020

       (13) Procedures for implementing or enforcing ~~section~~ 1021
sections 5104.04, 5104.041, 5104.042, and 5104.043 of the Revised 1022
Code; 1023

       (14) ~~A standard requiring the inclusion, on or after July 1,~~ 1024
~~1987, of a current department of job and family services toll-free~~ 1025
~~telephone number on each type A home provisional license or~~ 1026
~~license which any person may use to report a suspected violation~~ 1027
~~by the type A home of this chapter or rules adopted pursuant this~~ 1028
~~chapter;~~ 1029

       ~~(15)~~ Requirements for the training of administrators and 1030
child-care staff members in first aid, in prevention, recognition, 1031
and management of communicable diseases, and in child abuse 1032
recognition and prevention; 1033

       ~~(16)~~(15) Procedures to be used by licensees for checking the 1034
references of potential employees of type A homes and procedures 1035
to be used by the director for checking the references of 1036
applicants for licenses to operate type A homes; 1037

       ~~(17)~~(16) Standards providing for the special needs of 1038
children who are handicapped or who require treatment for health 1039
conditions while the child is receiving child care or publicly 1040
funded child care in the type A home; 1041

       ~~(18)~~(17) Standards for the maximum number of children per 1042
child-care staff member; 1043

       ~~(19)~~(18) Requirements for the amount of usable indoor floor 1044
space for each child; 1045

       ~~(20)~~(19) Requirements for safe outdoor play space; 1046

       ~~(21)~~(20) Qualifications and training requirements for 1047
administrators and for child-care staff members; 1048

       ~~(22)~~(21) Procedures for granting a parent who is the 1049
residential parent and legal custodian, or a custodian or guardian 1050
access to the type A home during its hours of operation; 1051

       ~~(23)~~(22) Standards for the preparation and distribution of a 1052
roster of parents, custodians, and guardians; 1053

       ~~(24) Any other procedures~~(23) Procedures and standards 1054
necessary to ~~carry out this chapter~~protect the health and safety 1055
of children receiving child care or publicly funded child care in 1056
the type A home. 1057

       (G) The director of job and family services shall adopt rules 1058
pursuant to Chapter 119. of the Revised Code governing the 1059
certification of type B family day-care homes. 1060

       (1) The rules shall include procedures, standards, and other 1061
necessary provisions for granting limited certification to type B 1062
family day-care homes that are operated by the following adult 1063
providers: 1064

       (a) Persons who provide child care for eligible children who 1065
are great-grandchildren, grandchildren, nieces, nephews, or 1066
siblings of the provider or for eligible children whose caretaker 1067
parent is a grandchild, child, niece, nephew, or sibling of the 1068
provider; 1069

       (b) Persons who provide child care for eligible children all 1070
of whom are the children of the same caretaker parent. 1071

       The rules shall require, and shall include procedures for the 1072
director to ensure, that type B family day-care homes that receive 1073
a limited certification provide child care to children in a safe 1074
and sanitary manner. With regard to providers who apply for 1075
limited certification, a provider shall be granted a provisional 1076
limited certification on signing a declaration under oath 1077
attesting that the provider meets the standards for limited 1078
certification. Such provisional limited certifications shall 1079
remain in effect for no more than sixty calendar days and shall 1080
entitle the provider to offer publicly funded child care during 1081
the provisional period. Except as otherwise provided in division 1082
(G)(1) of this section, section 5104.013 or 5104.09 of the Revised 1083
Code, or division (A)(2) of section 5104.11 of the Revised Code, 1084
prior to the expiration of the provisional limited certificate, a 1085
county department of job and family services shall inspect the 1086
home and shall grant limited certification to the provider if the 1087
provider meets the requirements of this division. Limited 1088
certificates remain valid for two years unless earlier revoked. 1089
Except as otherwise provided in division (G)(1) of this section, 1090
providers operating under limited certification shall be inspected 1091
annually. 1092

       If a provider is a person described in division (G)(1)(a) of 1093
this section or a person described in division (G)(1)(b) of this 1094
section who is a friend of the caretaker parent, the provider and 1095
the caretaker parent may verify in writing to the county 1096
department of job and family services that minimum health and 1097
safety requirements are being met in the home. Except as otherwise 1098
provided in section 5104.013 or 5104.09 or in division (A)(2) of 1099
section 5104.11 of the Revised Code, if such verification is 1100
provided, the county shall waive any inspection required by this 1101
chapter and grant limited certification to the provider. 1102

       (2) The rules shall provide for safeguarding the health, 1103
safety, and welfare of children receiving child care or publicly 1104
funded child care in a certified type B home and shall include the 1105
following: 1106

       (a) Standards for ensuring that the type B home and the 1107
physical surroundings of the type B home are safe and sanitary, 1108
including~~, but not limited to,~~ physical environment, physical 1109
plant, and equipment; 1110

       (b) Standards for the supervision, care, and discipline of 1111
children receiving child care or publicly funded child care in the 1112
home; 1113

       (c) Standards for a program of activities, and for play 1114
equipment, materials, and supplies to enhance the development of 1115
each child; however, any educational curricula, philosophies, and 1116
methodologies that are developmentally appropriate and that 1117
enhance the social, emotional, intellectual, and physical 1118
development of each child shall be permissible; 1119

       (d) ~~Admission~~Subject to section 5104.016 of the Revised 1120
Code, admission policies and procedures, health care, first aid 1121
and emergency procedures, procedures for the care of sick 1122
children, procedures for discipline and supervision of children, 1123
nutritional standards, and procedures for screening children and 1124
authorized providers, including~~, but not limited to,~~ any necessary 1125
physical examinations and immunizations; 1126

       (e) Methods of encouraging parental participation and 1127
ensuring that the rights of children, parents, and authorized 1128
providers are protected and the responsibilities of parents and 1129
authorized providers are met; 1130

       (f) Standards for the safe transport of children when under 1131
the care of authorized providers; 1132

       (g) Procedures for issuing, renewing, denying, refusing to 1133
renew, or revoking certificates; 1134

       (h) Procedures for the inspection of type B family day-care 1135
homes that require, at a minimum, that each type B family day-care 1136
home be inspected prior to certification to ensure that the home 1137
is safe and sanitary; 1138

       (i) Procedures for record keeping and evaluation; 1139

       (j) Procedures for receiving, recording, and responding to 1140
complaints; 1141

       (k) Standards providing for the special needs of children who 1142
are handicapped or who receive treatment for health conditions 1143
while the child is receiving child care or publicly funded child 1144
care in the type B home; 1145

       (l) Requirements for the amount of usable indoor floor space 1146
for each child; 1147

       (m) Requirements for safe outdoor play space; 1148

       (n) Qualification and training requirements for authorized 1149
providers; 1150

       (o) Procedures for granting a parent who is the residential 1151
parent and legal custodian, or a custodian or guardian access to 1152
the type B home during its hours of operation; 1153

       (p) ~~Any other procedures~~Procedures and standards necessary 1154
to ~~carry out this chapter~~protect the health and safety of 1155
children receiving child care or publicly funded child care in the 1156
type B home. 1157

       (H) The director shall adopt rules pursuant to Chapter 119. 1158
of the Revised Code governing the certification of in-home aides. 1159
The rules shall include procedures, standards, and other necessary 1160
provisions for granting limited certification to in-home aides who 1161
provide child care for eligible children who are 1162
great-grandchildren, grandchildren, nieces, nephews, or siblings 1163
of the in-home aide or for eligible children whose caretaker 1164
parent is a grandchild, child, niece, nephew, or sibling of the 1165
in-home aide. The rules shall require, and shall include 1166
procedures for the director to ensure, that in-home aides that 1167
receive a limited certification provide child care to children in 1168
a safe and sanitary manner. The rules shall provide for 1169
safeguarding the health, safety, and welfare of children receiving 1170
publicly funded child care in their own home and shall include the 1171
following: 1172

       (1) Standards for ensuring that the child's home and the 1173
physical surroundings of the child's home are safe and sanitary, 1174
including~~, but not limited to,~~ physical environment, physical 1175
plant, and equipment; 1176

       (2) Standards for the supervision, care, and discipline of 1177
children receiving publicly funded child care in their own home; 1178

       (3) Standards for a program of activities, and for play 1179
equipment, materials, and supplies to enhance the development of 1180
each child; however, any educational curricula, philosophies, and 1181
methodologies that are developmentally appropriate and that 1182
enhance the social, emotional, intellectual, and physical 1183
development of each child shall be permissible; 1184

       (4) ~~Health~~Subject to section 5104.016 of the Revised Code, 1185
health care, first aid, and emergency procedures, procedures for 1186
the care of sick children, procedures for discipline and 1187
supervision of children, nutritional standards, and procedures for 1188
screening children and in-home aides, including~~, but not limited~~ 1189
~~to,~~ any necessary physical examinations and immunizations; 1190

       (5) Methods of encouraging parental participation and 1191
ensuring that the rights of children, parents, and in-home aides 1192
are protected and the responsibilities of parents and in-home 1193
aides are met; 1194

       (6) Standards for the safe transport of children when under 1195
the care of in-home aides; 1196

       (7) Procedures for issuing, renewing, denying, refusing to 1197
renew, or revoking certificates; 1198

       (8) Procedures for inspection of homes of children receiving 1199
publicly funded child care in their own homes; 1200

       (9) Procedures for record keeping and evaluation; 1201

       (10) Procedures for receiving, recording, and responding to 1202
complaints; 1203

       (11) Qualifications and training requirements for in-home 1204
aides; 1205

       (12) Standards providing for the special needs of children 1206
who are handicapped or who receive treatment for health conditions 1207
while the child is receiving publicly funded child care in the 1208
child's own home; 1209

       (13) ~~Any other procedures~~Procedures and standards necessary 1210
to ~~carry out this chapter~~protect the health and safety of 1211
children receiving child care or publicly funded child care in the 1212
child's own home. 1213

       (I) To the extent that any rules adopted for the purposes of 1214
this section require a health care professional to perform a 1215
physical examination, the rules shall include as a health care 1216
professional a physician assistant, a clinical nurse specialist, a 1217
certified nurse practitioner, or a certified nurse-midwife. 1218

       (J)(1) The director of job and family services shall do all 1219
of the following: 1220

       (a) Send to each licensee notice of proposed rules governing 1221
the licensure of child day-care centers and type A homes; 1222

       (b) Give public notice of hearings regarding the rules to 1223
each licensee at least thirty days prior to the date of the public 1224
hearing, in accordance with section 119.03 of the Revised Code; 1225

       (c) At least thirty days before the effective date of a rule, 1226
provide, in either paper or electronic form, a copy of the adopted 1227
rule to each licensee. 1228

       (2) The director shall do all of the following: 1229

       (a) Send to each county director of job and family services a 1230
notice of proposed rules governing the certification of type B 1231
family homes and in-home aides that includes an internet web site 1232
address where the proposed rules can be viewed; 1233

       (b) Give public notice of hearings regarding the proposed 1234
rules not less than thirty days in advance; 1235

       (c) Provide to each county director of job and family 1236
services an electronic copy of each adopted rule at least 1237
forty-five days prior to the rule's effective date. 1238

       (3) The county director of job and family services shall send 1239
copies of proposed rules to each authorized provider and in-home 1240
aide and shall give public notice of hearings regarding the rules 1241
to each authorized provider and in-home aide at least thirty days 1242
prior to the date of the public hearing, in accordance with 1243
section 119.03 of the Revised Code. At least thirty days before 1244
the effective date of a rule, the county director of job and 1245
family services shall provide, in either paper or electronic form, 1246
copies of the adopted rule to each authorized provider and in-home 1247
aide. 1248

       (4) Additional copies of proposed and adopted rules shall be 1249
made available by the director of job and family services to the 1250
public on request at no charge. 1251

       (5) The director of job and family services shall recommend 1252
standards for imposing sanctions on persons and entities that are 1253
licensed or certified under this chapter and that violate any 1254
provision of this chapter. The standards shall be based on the 1255
scope and severity of the violations. The director shall provide 1256
copies of the recommendations to the governor, the speaker and 1257
minority leader of the house of representatives, and the president 1258
and minority leader of the senate and, on request, shall make 1259
copies available to the public. 1260

       (6) The director of job and family services shall adopt rules 1261
pursuant to Chapter 119. of the Revised Code that establish 1262
standards for the training of individuals whom any county 1263
department of job and family services employs, with whom any 1264
county department of job and family services contracts, or with 1265
whom the director of job and family services contracts, to inspect 1266
or investigate type B family day-care homes pursuant to section 1267
5104.11 of the Revised Code. The department shall provide training 1268
in accordance with those standards for individuals in the 1269
categories described in this division. 1270

       (K) The director of job and family services shall review all 1271
rules adopted pursuant to this chapter at least once every ~~seven~~ 1272
five years. 1273

       (L) Notwithstanding any provision of the Revised Code, the 1274
director of job and family services shall not regulate in any way 1275
under this chapter or rules adopted pursuant to this chapter, 1276
instruction in religious or moral doctrines, beliefs, or values. 1277

       Sec. 5104.016. Rules the director of job and family services 1278
adopts for purposes of divisions (A)(5), (F)(5), (G)(2)(d), and 1279
(H)(4) of section 5104.011 of the Revised Code shall not do any of 1280
the following: 1281

       (A) Include a procedure that permits a child day-care center, 1282
type A family day-care home, type B family day-care home, or 1283
in-home aide to perform a physical examination on a child unless 1284
the center, type A home, type B home, or in-home aide has obtained 1285
the informed consent of the child's parent or legal guardian. 1286

       (B) Require a child to be immunized for rubeola, natural 1287
mumps, or natural chicken pox if the child has had the specified 1288
disease and presents a signed statement from the child's parent, 1289
guardian, or physician to that effect. 1290

       (C)(1) Except as provided in division (C)(2) of this section, 1291
require a child to be immunized for any disease if the child 1292
presents a written statement of the child's parent or guardian in 1293
which the parent or guardian declines to have the child immunized 1294
for reasons of conscience, including religious convictions. 1295

       (2) A rule may provide that notwithstanding division (C)(1) 1296
of this section, the director of job and family services may 1297
specify that a child can be denied admission to a center, type A 1298
home, or type B home, or from receiving child care from an in-home 1299
aide, if the director of health determines that a chicken pox 1300
epidemic exists in the local population. Any such rule shall 1301
specify that the denial of admission or provision of child care 1302
must cease when the director of health notifies the administrator 1303
of the center, type A home, or type B home, or in-home aide, that 1304
the epidemic no longer exists. 1305

       As used in this division, "chicken pox epidemic" means the 1306
occurrence of cases of chicken pox in numbers greater than 1307
expected in the local population or for a particular period of 1308
time. 1309

       (D) Require a child to be immunized for a particular disease 1310
if the child's physician certifies in writing that such 1311
immunization is medically contraindicated. 1312

       Sec. 5104.02. (A)(1) The director of job and family services 1313
is responsible for the licensing of child day-care centers and 1314
type A family day-care homes. Each entity operating a head start 1315
program shall meet the criteria for, and be licensed as, a child 1316
day-care center. The director is responsible for the enforcement 1317
of this chapter and of rules promulgated pursuant to this chapter. 1318

       No(2) Except as provided in division (B) of this section and 1319
as otherwise provided in this chapter, no person, firm, 1320
organization, institution, or agency shall operate, establish, 1321
manage, conduct, or maintain a child day-care center or type A 1322
family day-care home without a license issued under section 1323
5104.03 of the Revised Code. 1324

       (3) Division (A)(2) of this section is applicable and shall 1325
be enforced, regardless of the manner in which a person, firm, 1326
organization, institution, or agency represents its provision of 1327
child care to the public. 1328

       (4) The current license shall be posted in a conspicuous 1329
place in the center or type A home that is accessible to parents, 1330
custodians, or guardians and employees of the center or type A 1331
home at all times when the center or type A home is in operation. 1332

       (B) A person, firm, institution, organization, or agency 1333
operating any of the following programs is exempt from the 1334
requirements of this chapter: 1335

       (1) A program of child care that operates for two or less 1336
consecutive weeks; 1337

       (2) Child care in places of worship during religious 1338
activities during which children are cared for while at least one 1339
parent, guardian, or custodian of each child is participating in 1340
such activities and is readily available; 1341

       (3) Religious activities which do not provide child care; 1342

       (4) Supervised training, instruction, or activities of 1343
children in specific areas, including, but not limited to: art; 1344
drama; dance; music; gymnastics, swimming, or another athletic 1345
skill or sport; computers; or an educational subject conducted on 1346
an organized or periodic basis no more than one day a week and for 1347
no more than six hours duration; 1348

       (5) Programs in which the director determines that at least 1349
one parent, custodian, or guardian of each child is on the 1350
premises of the facility offering child care and is readily 1351
accessible at all times, except that child care provided on the 1352
premises at which a parent, custodian, or guardian is employed 1353
more than two and one-half hours a day shall be licensed in 1354
accordance with division (A) of this section; 1355

       (6)(a) Programs that provide child care funded and regulated 1356
or operated and regulated by state departments other than the 1357
department of job and family services or the state board of 1358
education when the director of job and family services has 1359
determined that the rules governing the program are equivalent to 1360
or exceed the rules promulgated pursuant to this chapter. 1361

       Notwithstanding any exemption from regulation under this 1362
chapter, each state department shall submit to the director of job 1363
and family services a copy of the rules that govern programs that 1364
provide child care and are regulated or operated and regulated by 1365
the department. Annually, each state department shall submit to 1366
the director a report for each such program it regulates or 1367
operates and regulates that includes the following information: 1368

       (i) The site location of the program; 1369

       (ii) The maximum number of infants, toddlers, preschool 1370
children, or school children served by the program at one time; 1371

       (iii) The number of adults providing child care for the 1372
number of infants, toddlers, preschool children, or school 1373
children; 1374

       (iv) Any changes in the rules made subsequent to the time 1375
when the rules were initially submitted to the director. 1376

       The director shall maintain a record of the child care 1377
information submitted by other state departments and shall provide 1378
this information upon request to the general assembly or the 1379
public. 1380

       (b) Child care programs conducted by boards of education or 1381
by chartered nonpublic schools that are conducted in school 1382
buildings and that provide child care to school children only 1383
shall be exempt from meeting or exceeding rules promulgated 1384
pursuant to this chapter. 1385

       (7) Any preschool program or school child program, except a 1386
head start program, that is subject to licensure by the department 1387
of education under sections 3301.52 to 3301.59 of the Revised 1388
Code. 1389

       (8) Any program providing child care that meets all of the 1390
following requirements and, on October 20, 1987, was being 1391
operated by a nonpublic school that holds a charter issued by the 1392
state board of education for kindergarten only: 1393

       (a) The nonpublic school has given the notice to the state 1394
board and the director of job and family services required by 1395
Section 4 of Substitute House Bill No. 253 of the 117th general 1396
assembly; 1397

       (b) The nonpublic school continues to be chartered by the 1398
state board for kindergarten, or receives and continues to hold a 1399
charter from the state board for kindergarten through grade five; 1400

       (c) The program is conducted in a school building; 1401

       (d) The program is operated in accordance with rules 1402
promulgated by the state board under sections 3301.52 to 3301.57 1403
of the Revised Code. 1404

       (9) A youth development program operated outside of school 1405
hours by a community-based center to which all of the following 1406
apply: 1407

       (a) The children enrolled in the program are under nineteen 1408
years of age and enrolled in or eligible to be enrolled in a grade 1409
of kindergarten or above. 1410

       (b) The program provides informal child care and at least two 1411
of the following supervised activities: educational, 1412
recreational, culturally enriching, social, and personal 1413
development activities. 1414

       (c) The state board of education has approved the program's 1415
participation in the child and adult care food program as an 1416
outside-school-hours care center pursuant to standards established 1417
under section 3313.813 of the Revised Code. 1418

       (d) The community-based center operating the program is 1419
exempt from federal income taxation pursuant to 26 U.S.C. 501(a) 1420
and (c)(3). 1421

       Sec. 5104.03. (A) Any person, firm, organization, 1422
institution, or agency desiring to establish a child day-care 1423
center or type A family day-care home shall apply for a license to 1424
the director of job and family services on such form as the 1425
director prescribes. The director shall provide at no charge to 1426
each applicant for licensure a copy of the child care license 1427
requirements in Chapter 5104. of the Revised Code and of the rules 1428
adopted pursuant to Chapter 5104. of the Revised Code. The 1429
director shall mail application forms for renewal of license at 1430
least one hundred twenty days prior to the date of expiration of 1431
the license, and the application for renewal shall be filed with 1432
the director at least sixty days before the date of expiration. 1433
Fees shall be set by the director pursuant to section 5104.011 of 1434
the Revised Code and shall be paid at the time of application for 1435
or renewal of a license to operate a center or type A home. Fees 1436
collected under this section shall be paid into the state treasury 1437
to the credit of the general revenue fund. 1438

       (B) Upon filing of the application for a license, the 1439
director shall investigate and inspect the center or type A home 1440
to determine the license capacity for each age category of 1441
children of the center or type A home and to determine whether the 1442
center or type A home complies with Chapter 5104. of the Revised 1443
Code and rules adopted pursuant to Chapter 5104. of the Revised 1444
Code. When, after investigation and inspection, the director is 1445
satisfied that Chapter 5104. of the Revised Code and rules adopted 1446
pursuant to Chapter 5104. of the Revised Code are complied with, 1447
subject to division (G) of this section, a provisional license 1448
shall be issued as soon as practicable in such form and manner as 1449
prescribed by the director. The provisional license shall be valid 1450
for six months from the date of issuance unless revoked earlier. 1451

       (C) The director shall investigate and inspect the center or 1452
type A home at least once during operation under the provisional 1453
license. If after the investigation and inspection the director 1454
determines that the requirements of Chapter 5104. of the Revised 1455
Code and rules adopted pursuant to Chapter 5104. of the Revised 1456
Code are met, subject to division (G) of this section, the 1457
director shall issue a license to the provisional license holder. 1458
The license shall be effective for two years from the date of 1459
issuance of the provisional license, unless revoked earlier. 1460

       (D) Upon the filing of an application for renewal of a 1461
license by the center or type A home, the director shall 1462
investigate and inspect the center or type A home. If the director 1463
determines that the requirements of Chapter 5104. and rules 1464
adopted pursuant to Chapter 5104. of the Revised Code are met, 1465
subject to division (G) of this section, the director shall renew 1466
the license to. The license shall be effective for two years from 1467
the expiration date of the previous license, unless revoked 1468
earlier. 1469

       (E) The license or provisional license shall state the name 1470
of the licensee, the name of the administrator, the address of the 1471
center or type A home, and the license capacity for each age 1472
category of children. ~~After July 1, 1987, the~~The provisional 1473
license or license shall include thereon~~, in accordance with~~ 1474
~~section 5104.011 of the Revised Code,~~ the toll-free telephone 1475
number ~~to be used by persons suspecting that the center or type A~~ 1476
~~home has violated a provision of Chapter 5104., or rules adopted~~ 1477
~~pursuant to Chapter 5104. of the Revised Code~~the department of 1478
job and family services maintains under section 5104.14 of the 1479
Revised Code for purposes of accepting complaints regarding 1480
providers of child care. A license or provisional license is valid 1481
only for the licensee, administrator, address, and license 1482
capacity for each age category of children designated on the 1483
license. ~~The license capacity specified on the~~ 1484

       A license or provisional license isholder shall not provide 1485
child care to more than the maximum number of children in each age 1486
category that may be cared for in the center or type A home at one 1487
time, as indicated by the license capacity specified on the 1488
license or provisional license. The center or type A home shall 1489
notify the director when circumstances require a change in the 1490
license capacity. The director shall amend the current license or 1491
provisional license to reflect a change in license capacity, if 1492
the director determines that the center or type A home meets the 1493
requirements of the chapter and the rules adopted under it for 1494
that capacity. 1495

       ~~The~~A center or type A home licensee shall notify the 1496
director when the administrator of the center or home changes. The 1497
director shall amend the current license or provisional license to 1498
reflect a change in an administrator, if the director determines 1499
that the administrator meets the requirements of Chapter 5104. of 1500
the Revised Code and rules adopted pursuant to Chapter 5104. of 1501
the Revised Code~~, or a change in license capacity for any age~~ 1502
~~category of children as determined by the director of job and~~ 1503
~~family services~~. 1504

       (F) ~~If the director revokes a license or refuses to renew a~~ 1505
~~license to a center or a type A home, the director shall not issue~~ 1506
~~a license to the owner of the center or type A home within two~~ 1507
~~years from the date of the revocation of a license or refusal to~~ 1508
~~renew a license. If during the application for licensure or~~ 1509
~~renewal of licensure process the director determines that the~~ 1510
~~license of the owner has been revoked or renewal of licensure has~~ 1511
~~been denied, the investigation of the center or type A home shall~~ 1512
~~cease, and shall not constitute denial of the application. All~~ 1513
~~actions of the director with respect to licensing centers or type~~ 1514
~~A homes, renewing a license, refusal to license or renew a~~ 1515
~~license, and revocation of a license shall be in accordance with~~ 1516
~~Chapter 119. of the Revised Code. Any applicant who is denied a~~ 1517
~~license or any owner whose license is not renewed or is revoked~~ 1518
~~may appeal in accordance with section 119.12 of the Revised Code.~~ 1519

       ~~(G)~~ In no case shall the director issue a provisional license 1520
or license, or renew a license, under this section for a type A 1521
home or center if the director, based on documentation provided by 1522
the appropriate county department of job and family services, 1523
determines that the applicant previously had been certified as a 1524
type B family day-care home, that the county department revoked 1525
that certification, that the revocation was based on the 1526
applicant's refusal or inability to comply with the criteria for 1527
certification, and that the refusal or inability resulted in a 1528
risk to the health or safety of children. 1529

       Sec. 5104.04. (A) The department of job and family services 1530
shall establish procedures to be followed in investigating, 1531
inspecting, and licensing child day-care centers and type A family 1532
day-care homes. 1533

       (B)(1)(a) The department shall, at least twice during every 1534
twelve-month period of operation of a center or type A home, 1535
inspect the center or type A home. The department shall inspect a 1536
part-time center or part-time type A home at least once during 1537
every twelve-month period of operation. ~~The~~At least one 1538
inspection shall be unannounced and all inspections may be 1539
unannounced. 1540

       At the conclusion of an inspection and if requested by the 1541
provider, the department shall give a verbal explanation of any 1542
violations of the requirements of this chapter or rules adopted 1543
under it found during the inspection. 1544

       The department shall provide a written inspection report to 1545
the licensee within a reasonable time after each inspection~~. The~~ 1546
and, except when there is a finding of the presence of an 1547
immediate and serious threat to the health and safety of the 1548
children in the care of the licensee, offer the licensee an 1549
opportunity to dispute any of the findings in the report. All 1550
requests from licensees to dispute inspection findings shall be 1551
reviewed by two employees of the department. The department and 1552
two child care providers appointed by the child care advisory 1553
council created pursuant to section 5104.08 of the Revised Code 1554
shall conduct the dispute resolution process in accordance with 1555
rules adopted under section 5104.011 of the Revised Code, 1556
including the timelines established in the rules for making 1557
requests to dispute inspection findings and for responding to the 1558
requests. 1559

       The licensee shall display all written reports of inspections 1560
conducted during the current licensing period in a conspicuous 1561
place in the center or type A home. If the department at any time 1562
issues a corrected report of inspection, the licensee shall 1563
replace the incorrect report with the corrected report. 1564

       ~~At least one inspection shall be unannounced and all~~ 1565
~~inspections may be unannounced.~~ No person, firm, organization, 1566
institution, or agency shall interfere with the inspection of a 1567
center or type A home by any state or local official engaged in 1568
performing duties required of the state or local official by 1569
Chapter 5104. of the Revised Code or rules adopted pursuant to 1570
Chapter 5104. of the Revised Code, including inspecting the center 1571
or type A home, reviewing records, or interviewing licensees, 1572
employees, children, or parents. 1573

       (b) Upon receipt of any complaint that a center or type A 1574
home is out of compliance with the requirements of Chapter 5104. 1575
of the Revised Code or rules adopted pursuant to Chapter 5104. of 1576
the Revised Code, the department shall investigate the center or 1577
home, and both of the following apply: 1578

       (i) If the complaint alleges that a child suffered physical 1579
harm while receiving child care at the center or home or that the 1580
noncompliance alleged in the complaint involved, resulted in, or 1581
poses a substantial risk of physical harm to a child receiving 1582
child care at the center or home, the department shall inspect the 1583
center or home. 1584

       (ii) If division (B)(1)(b)(i) of this section does not apply 1585
regarding the complaint, the department may inspect the center or 1586
home. 1587

       (c) Division (B)(1)(b) of this section does not limit, 1588
restrict, or negate any duty of the department to inspect a center 1589
or type A home that otherwise is imposed under this section, or 1590
any authority of the department to inspect a center or type A home 1591
that otherwise is granted under this section when the department 1592
believes the inspection is necessary and it is permitted under the 1593
grant. 1594

       (2) If the department implements an instrument-based program 1595
monitoring information system, it may use an indicator checklist 1596
to comply with division (B)(1) of this section. 1597

       (3) The department shall, at least once during every 1598
twelve-month period of operation of a center or type A home, 1599
collect information concerning the amounts charged by the center 1600
or home for providing child care services for use in establishing 1601
reimbursement ceilings and payment pursuant to section 5104.30 of 1602
the Revised Code. 1603

       (C) ~~In the event a licensed center or type A home is~~ 1604
~~determined to be out of compliance with the requirements of~~ 1605
~~Chapter 5104. of the Revised Code or rules adopted pursuant to~~ 1606
~~Chapter 5104. of the Revised Code, the department shall notify the~~ 1607
~~licensee of the center or type A home in writing regarding the~~ 1608
~~nature of the violation, what must be done to correct the~~ 1609
~~violation, and by what date the correction must be made. If the~~ 1610
~~correction is not made by the date established by the department,~~ 1611
~~the department may commence action under Chapter 119. of the~~ 1612
~~Revised Code to revoke the license.~~ 1613

       ~~(D) The department may deny or revoke a license, or refuse to~~ 1614
~~renew a license of a center or type A home, if the applicant~~ 1615
~~knowingly makes a false statement on the application, does not~~ 1616
~~comply with the requirements of Chapter 5104. or rules adopted~~ 1617
~~pursuant to Chapter 5104. of the Revised Code, or has pleaded~~ 1618
~~guilty to or been convicted of an offense described in section~~ 1619
~~5104.09 of the Revised Code.~~ 1620

       ~~(E) If the department finds, after notice and hearing~~ 1621
~~pursuant to Chapter 119. of the Revised Code, that any person,~~ 1622
~~firm, organization, institution, or agency licensed under section~~ 1623
~~5104.03 of the Revised Code is in violation of any provision of~~ 1624
~~Chapter 5104. of the Revised Code or rules adopted pursuant to~~ 1625
~~Chapter 5104. of the Revised Code, the department may issue an~~ 1626
~~order of revocation to the center or type A home revoking the~~ 1627
~~license previously issued by the department. Upon the issuance of~~ 1628
~~any order of revocation, the person whose license is revoked may~~ 1629
~~appeal in accordance with section 119.12 of the Revised Code.~~ 1630

       ~~(F) The surrender of a center or type A home license to the~~ 1631
~~department or the withdrawal of an application for licensure by~~ 1632
~~the owner or administrator of the center or type A home shall not~~ 1633
~~prohibit the department from instituting any of the actions set~~ 1634
~~forth in this section.~~ 1635

       ~~(G) Whenever~~When the department ~~receives a complaint,~~ is 1636
advised, or otherwise has any reason to believe that ~~a center or~~ 1637
~~type A home is providing~~ child care is being provided without a 1638
license issued or renewed pursuant to section 5104.03 and the 1639
provider is not exempt from licensing pursuant to section 5104.02 1640
of the Revised Code or another provision of this chapter, and when 1641
a complaint must be investigated pursuant to division (B)(1) of 1642
section 5104.14 of the Revised Code, the department shall 1643
investigate the ~~center or type A home~~alleged violation and may 1644
inspect the areas children have access to or areas necessary for 1645
the care of children ~~in the center or type A home~~by the provider 1646
during suspected hours of operation to determine whether the 1647
~~center or type A home~~provider is subject to the requirements of 1648
Chapter 5104. or rules adopted pursuant to Chapter 5104. of the 1649
Revised Code. 1650

       ~~(H)~~ The department, upon determining that ~~the center or type~~ 1651
~~A home is operating without a license, shall notify~~child care is 1652
being provided in violation of division (A)(2) of section 5104.02 1653
of the Revised Code shall provide notice of the violation to the 1654
attorney general, the prosecuting attorney of the county in which 1655
the ~~center or type A home~~provider is located, or the city 1656
attorney, village solicitor, or other chief legal officer of the 1657
municipal corporation in which the ~~center or type A home~~provider 1658
is located~~, that the center or type A home is operating without a~~ 1659
~~license~~. Upon receipt of the notification, the attorney general, 1660
prosecuting attorney, city attorney, village solicitor, or other 1661
chief legal officer of a municipal corporation shall file a 1662
complaint in the court of common pleas of the county in which the 1663
~~center or type A home~~provider is located requesting that the 1664
court grant an order enjoining the owner from ~~operating the center~~ 1665
~~or type A home in violation of~~continuing to violate division 1666
(A)(2) of section 5104.02 of the Revised Code. ~~The~~ 1667

       The court shall grant such injunctive relief upon a showing 1668
that the respondent named in the complaint is operating a center 1669
or type A home ~~and is doing so~~ without a license as prohibited by 1670
division (A)(2) of section 5104.02 of the Revised Code. If the 1671
respondent has been found in violation of a permanent injunction 1672
issued by a court under this division, the court may include in 1673
any subsequent order issued under this division in the same or any 1674
subsequent case involving the same respondent an order enjoining 1675
the respondent from providing child care in any capacity, 1676
including as an operator of a type B family day care home. 1677

       ~~(I)~~(D) The department shall prepare an annual report on 1678
inspections and investigations conducted under this section. The 1679
report shall include the number of inspections and investigations 1680
conducted, the number and types of violations found, and the steps 1681
taken to address the violations. The department shall file the 1682
report with the governor, the president and minority leader of the 1683
senate, and the speaker and minority leader of the house of 1684
representatives on or before the first day of January of each 1685
year, beginning in 1999. 1686

       Sec. 5104.041. (A) If the department of job and family 1687
services determines that a licensee, including a provisional 1688
licensee, or applicant for a child day-care center license or type 1689
A family day-care home license is not in compliance with a 1690
provision of this chapter or the rules adopted under it, the 1691
department may impose any of the following sanctions: 1692

        (1) Deny issuance of a license; 1693

        (2) Refuse to renew a license; 1694

        (3) Suspend a license; 1695

       (4) Revoke a license; 1696

        (5) Impose a fine of not less than fifty and not more than 1697
one thousand dollars for each citation of noncompliance; 1698

        (6) Issue an order for the submission of a plan of 1699
correction; 1700

        (7) Issue an order requiring all persons involved in the 1701
provision of child care at the child day-care center or type A 1702
family day-care home to undergo training on the requirements of 1703
this chapter and the rules adopted under it. 1704

        (B) In the department's selection and administration of the 1705
sanction to be imposed under this section, all of the following 1706
apply: 1707

        (1) Except for the sanctions that may be imposed under 1708
divisions (A)(6) and (7) of this section, all actions taken by the 1709
department under this section shall be taken in accordance with 1710
Chapter 119. of the Revised Code and any appeals of those actions 1711
shall be conducted in accordance with Chapter 119. of the Revised 1712
Code. 1713

        (2) The department shall select the sanction to be imposed by 1714
taking into consideration all of the following factors: 1715

       (a) The scope of the violation; 1716

       (b) The severity of the violation; 1717

       (c) The presence or absence of an immediate and serious 1718
threat to the health and safety of the children in the care of the 1719
licensee or applicant; 1720

       (d) Whether sanctions have previously been imposed against 1721
the licensee or applicant for the same or other violations; 1722

       (e) The licensee's or applicant's history of compliance or 1723
noncompliance with previously imposed sanctions for the same or 1724
other violations. 1725

        (3) When issuing an order described in division (A)(6) of 1726
this section, the department shall give the licensee written 1727
notice of the nature of the violation, the action that must be 1728
taken to correct the violation, and the date by which the action 1729
must be taken. If the action is not taken by the date specified, 1730
the department may impose an additional sanction under this 1731
section. 1732

        (4) When issuing an order described in division (A)(7) of 1734
this section, the department shall specify the content and length 1735
of the training that must be completed. At a minimum, the 1736
department shall order the completion of two hours of training. 1737

        (5) The surrender of a day-care center or type A family 1738
day-care home license to the department or the withdrawal of an 1739
application for licensure by the owner or administrator of the 1740
center or home does not prohibit the department from imposing a 1741
sanction under this section. 1742

        (6) If it revokes a license or refuses to renew a license, 1743
the department shall not issue a license to the person, firm, 1744
organization, institution, or agency that was subject to the 1745
action during a two-year period. The two-year period shall begin 1746
on the date the department issues the final order of revocation or 1747
refusal to renew unless the person, firm, organization, 1748
institution, or agency appeals the department's final order to a 1749
court under section 119.12 of the Revised Code. If the 1750
department's final order is so appealed, the two-year period shall 1751
begin on the date that the appeals' process is exhausted. 1752

       If it knows that a person, firm, organization, institution, 1753
or agency submitting an application is subject to a two-year 1754
period of ineligibility, the department shall not accept the 1755
application. If it determines during the review of an application 1756
that the applicant is subject to a two-year period of 1757
ineligibility, the department shall cease its review of the 1758
application. In either case, the department's action is not 1759
subject to appeal under Chapter 119. of the Revised Code. 1760

       Sec. 5104.042. (A) Subject to division (B) of this section, 1761
the department of job and family services shall establish and 1762
maintain a web site and list on it both of the following for each 1763
licensee for which the department has imposed a sanction under 1764
division (A)(1), (2), (3), or (4) of section 5104.041 of the 1765
Revised Code: 1766

        (1) Each name known to the department under which the child 1767
day-care center or type A family day-care home is doing business; 1768

        (2) Each address known to the department at which the child 1769
day-care center or type A family day-care home is doing business. 1770

        (B)(1) The department shall remove as soon as practicable the 1771
information regarding a licensee specified in division (A) of this 1772
section from the web site if a licensee appeals, in accordance 1773
with Chapter 119. of the Revised Code, a sanction imposed under 1774
division (A)(1), (2), (3), or (4) of section 5104.041 of the 1775
Revised Code and the appeal results in a finding that the sanction 1776
was not warranted. 1777

        (2) The department shall list, as soon as practicable, the 1778
information regarding the licensee specified in division (A) of 1779
this section on the web site if the department appeals a finding 1780
described in division (B)(1) of this section that the department's 1781
original sanction was not warranted, and the department's appeal 1782
results in a finding that the original sanction was warranted. 1783

       Sec. 5104.043. Fines imposed under section 5104.041 of the 1784
Revised Code or division (A) of section 5104.99 of the Revised 1785
Code shall be deposited into the child care enforcement fund, 1786
which is hereby created. Amounts deposited in the fund shall be 1787
used in the same manner as federal funds received under the child 1788
care block grant act. 1789

       Sec. 5104.044. The department of job and family services 1790
shall maintain statistics regarding the individuals who conduct 1791
inspections and investigations under section 5104.04 of the 1792
Revised Code. The statistics shall identify the number of 1793
inspections and investigations conducted by each individual, the 1794
reasons for which the inspections and investigations were 1795
initiated, and the findings from the inspections and 1796
investigations. 1797

        The department shall prepare an annual report on the 1798
statistics maintained pursuant to this section. A copy of the 1799
report shall be provided to the speaker of the house of 1800
representatives and the president of the senate. 1801

       Sec. 5104.10. No employer shall discharge, demote, suspend, 1802
or threaten to discharge, demote, suspend, or in any manner 1803
discriminate against any employee based solely on the employee 1804
taking any of the following actions: 1805

       (A) Making any good faith oral or written complaint to the 1806
director of job and family services or other agency responsible 1807
for enforcing Chapter 5104. of the Revised Code regarding a 1808
violation of this chapter or the rules adopted pursuant to Chapter 1809
5104. of the Revised Code; 1810

       (B) Instituting or causing to be instituted any proceeding 1811
against the employer under section 5104.04 or 5104.041 of the 1812
Revised Code; 1813

       (C) Acting as a witness in any proceeding under section 1814
5104.04 or 5104.041 of the Revised Code; 1815

       (D) Refusing to perform work that constitutes a violation of 1816
Chapter 5104., or the rules adopted pursuant to Chapter 5104. of 1817
the Revised Code. 1818

       Sec. 5104.14. (A) In accordance with rules adopted under 1819
section 5104.011 of the Revised Code, the department of job and 1820
family services shall accept complaints regarding providers of 1821
child care, including providers allegedly in violation of division 1822
(A)(2) of section 5104.02 of the Revised Code for not being 1823
licensed as a day-care center or type A family day-care home. Any 1824
person or government entity suspecting a violation of this chapter 1825
or the rules adopted under it or having another complaint 1826
regarding child care may submit to the department a report of that 1827
suspicion or complaint. 1828

        The department shall maintain a toll-free telephone number 1829
for purposes of accepting complaints under this section. The 1830
department shall also use the toll-free number to make information 1831
on child day-care available to consumers. 1832

       (B) With regard to the department's response to complaints 1833
received under this section, all of the following apply: 1834

       (1) If the complaint alleges that care is being provided 1835
without a license for more than ten children, the department shall 1836
conduct an on-site investigation. 1837

        (2) The department shall conduct an on-site investigation of 1838
at least every fifth complaint of an alleged violation received by 1839
the department. 1840

        (3) For complaints other than those meeting the requirements 1841
of division (B)(1) and (2) of this section, the department shall 1842
send a letter to the provider of child care that summarizes the 1843
complaint and requires the provider to send a letter to the 1844
department that responds to the complaint. The department shall 1845
follow up on the complaint as it determines necessary to resolve 1846
the complaint. 1847

       (4) The department shall not make public the name or any 1848
other identifying information about a complainant unless the 1849
complainant gives the department written consent to do so. 1850

       Sec. 5104.99. (A) Whoever violates division (A)(2) of 1851
section 5104.02 of the Revised Code shall be punished as follows: 1852

       (1) For each offense, the offender shall be fined not less 1853
than one hundred dollars nor more than five hundred dollars 1854
multiplied by the number of children receiving child care at the 1855
child day-care center or type A family day-care home that either 1856
exceeds the number of children to which a type B family day-care 1857
home may provide child care or, if the offender is a licensed type 1858
A family day-care home that is operating as a child day-care 1859
center without being licensed as a center, exceeds the license 1860
capacity of the type A home. 1861

       (2) In addition to the fine specified in division (A)(1) of 1862
this section, all of the following apply: 1863

       (a) Except as provided in divisions (A)(2)(b), (c), and (d) 1864
of this section, the court shall order the offender to reduce the 1865
number of children to which it provides child care to a number 1866
that does not exceed either the number of children to which a type 1867
B family day-care home may provide child care or, if the offender 1868
is a licensed type A family day-care home that is operating as a 1869
child day-care center without being licensed as a center, the 1870
license capacity of the type A home. 1871

       (b) If the offender previously has been convicted of or 1872
pleaded guilty to one violation of section 5104.02 of the Revised 1873
Code, the court shall order the offender to cease the provision of 1874
child care to any person until it obtains a child day-care center 1875
license or a type A family day-care home license, as appropriate, 1876
under section 5104.03 of the Revised Code. 1877

       (c) If the offender previously has been convicted of or 1878
pleaded guilty to two violations of section 5104.02 of the Revised 1879
Code, the offender is guilty of a misdemeanor of the first degree, 1880
and the court shall order the offender to cease the provision of 1881
child care to any person until it obtains a child day-care center 1882
license or a type A family day-care home license, as appropriate, 1883
under section 5104.03 of the Revised Code. The court shall impose 1884
the fine specified in division (A)(1) of this section and may 1885
impose an additional fine provided that the total amount of the 1886
fines so imposed does not exceed the maximum fine authorized for a 1887
misdemeanor of the first degree under section 2929.28 of the 1888
Revised Code. 1889

       (d) If the offender previously has been convicted of or 1890
pleaded guilty to three or more violations of section 5104.02 of 1891
the Revised Code, the offender is guilty of a felony of the fifth 1892
degree, and the court shall order the offender to cease the 1893
provision of child care to any person until it obtains a child 1894
day-care center license or a type A family day-care home license, 1895
as appropriate, under section 5104.03 of the Revised Code. The 1896
court shall impose the fine specified in division (A)(1) of this 1897
section and may impose an additional fine provided that the total 1898
amount of the fines so imposed does not exceed the maximum fine 1899
authorized for a felony of the fifth degree under section 2929.18 1900
of the Revised Code. 1901

       (B) Whoever violates division (B) of section 5104.09 of the 1902
Revised Code is guilty of a misdemeanor of the first degree. If 1903
the offender is a licensee of a center or type A home, the 1904
conviction shall constitute grounds for denial, revocation, or 1905
refusal to renew an application for licensure pursuant to section 1906
~~5104.04~~5104.041 of the Revised Code. If the offender is a person 1907
eighteen years of age or older residing in a center or type A home 1908
or is an employee of a center or a type A home and if the licensee 1909
had knowledge of, and acquiesced in, the commission of the 1910
offense, the conviction shall constitute grounds for denial, 1911
revocation, or refusal to renew an application for licensure 1912
pursuant to section ~~5104.04~~5104.041 of the Revised Code. 1913

       (C) Whoever violates division (C) of section 5104.09 of the 1914
Revised Code is guilty of a misdemeanor of the third degree. 1915

       Section 2. That existing sections 2151.421, 5104.011, 1916
5104.02, 5104.03, 5104.04, 5104.10, and 5104.99 of the Revised 1917
Code are hereby repealed. 1918

       Section 3. Sections 1 and 2 of this act shall take effect one 1919
year after the effective date of this act. 1920

Section 1. That sections 2151.421, 5104.011, 5104.02,	9
5104.03, 5104.04, 5104.10, and 5104.99 be amended and sections	10
5104.016, 5104.041, 5104.042, 5104.043, 5104.044, and 5104.14 of	11
the Revised Code be enacted to read as follows:	12

Sec. 2151.421. (A)(1)(a) No person described in division	13
(A)(1)(b) of this section who is acting in an official or	14
professional capacity and knows, or has reasonable cause to	15
suspect based on facts that would cause a reasonable person in a	16
similar position to suspect, that a child under eighteen years of	17
age or a mentally retarded, developmentally disabled, or	18
physically impaired child under twenty-one years of age has	19
suffered or faces a threat of suffering any physical or mental	20
wound, injury, disability, or condition of a nature that	21
reasonably indicates abuse or neglect of the child shall fail to	22
immediately report that knowledge or reasonable cause to suspect	23
to the entity or persons specified in this division. Except as	24
provided in section 5120.173 of the Revised Code, the person	25
making the report shall make it to the public children services	26
agency or a municipal or county peace officer in the county in	27
which the child resides or in which the abuse or neglect is	28
occurring or has occurred. In the circumstances described in	29
section 5120.173 of the Revised Code, the person making the report	30
shall make it to the entity specified in that section.	31

(b) Division (A)(1)(a) of this section applies to any person	32
who is an attorney; physician, including a hospital intern or	33
resident; dentist; podiatrist; practitioner of a limited branch of	34
medicine as specified in section 4731.15 of the Revised Code;	35
registered nurse; licensed practical nurse; visiting nurse; other	36
health care professional; licensed psychologist; licensed school	37
psychologist; independent marriage and family therapist or	38
marriage and family therapist; speech pathologist or audiologist;	39
coroner; administrator or employee of a child day-care center;	40
administrator or employee of a residential camp or child day camp;	41
administrator or employee of a certified child care agency or	42
other public or private children services agency; school teacher;	43
school employee; school authority; person engaged in social work	44
or the practice of professional counseling; agent of a county	45
humane society; person, other than a cleric, rendering spiritual	46
treatment through prayer in accordance with the tenets of a	47
well-recognized religion; superintendent, board member, or	48
employee of a county board of mental retardation; investigative	49
agent contracted with by a county board of mental retardation;	50
employee of the department of mental retardation and developmental	51
disabilities; employee of a facility or home that provides respite	52
care in accordance with section 5123.171 of the Revised Code;	53
employee of a home health agency; employee of an entity that	54
provides homemaker services; a person performing the duties of an	55
assessor pursuant to Chapter 3107. or 5103. of the Revised Code;	56
or third party employed by a public children services agency to	57
assist in providing child or family related services.	58

(2) Except as provided in division (A)(3) of this section, an	59
attorney or a physician is not required to make a report pursuant	60
to division (A)(1) of this section concerning any communication	61
the attorney or physician receives from a client or patient in an	62
attorney-client or physician-patient relationship, if, in	63
accordance with division (A) or (B) of section 2317.02 of the	64
Revised Code, the attorney or physician could not testify with	65
respect to that communication in a civil or criminal proceeding.	66

(3) The client or patient in an attorney-client or	67
physician-patient relationship described in division (A)(2) of	68
this section is deemed to have waived any testimonial privilege	69
under division (A) or (B) of section 2317.02 of the Revised Code	70
with respect to any communication the attorney or physician	71
receives from the client or patient in that attorney-client or	72
physician-patient relationship, and the attorney or physician	73
shall make a report pursuant to division (A)(1) of this section	74
with respect to that communication, if all of the following apply:	75

(a) The client or patient, at the time of the communication,	76
is either a child under eighteen years of age or a mentally	77
retarded, developmentally disabled, or physically impaired person	78
under twenty-one years of age.	79

(b) The attorney or physician knows, or has reasonable cause	80
to suspect based on facts that would cause a reasonable person in	81
similar position to suspect, as a result of the communication or	82
any observations made during that communication, that the client	83
or patient has suffered or faces a threat of suffering any	84
physical or mental wound, injury, disability, or condition of a	85
nature that reasonably indicates abuse or neglect of the client or	86
patient.	87

(c) The abuse or neglect does not arise out of the client's	88
or patient's attempt to have an abortion without the notification	89
of her parents, guardian, or custodian in accordance with section	90
2151.85 of the Revised Code.	91

(4)(a) No cleric and no person, other than a volunteer,	92
designated by any church, religious society, or faith acting as a	93
leader, official, or delegate on behalf of the church, religious	94
society, or faith who is acting in an official or professional	95
capacity, who knows, or has reasonable cause to believe based on	96
facts that would cause a reasonable person in a similar position	97
to believe, that a child under eighteen years of age or a mentally	98
retarded, developmentally disabled, or physically impaired child	99
under twenty-one years of age has suffered or faces a threat of	100
suffering any physical or mental wound, injury, disability, or	101
condition of a nature that reasonably indicates abuse or neglect	102
of the child, and who knows, or has reasonable cause to believe	103
based on facts that would cause a reasonable person in a similar	104
position to believe, that another cleric or another person, other	105
than a volunteer, designated by a church, religious society, or	106
faith acting as a leader, official, or delegate on behalf of the	107
church, religious society, or faith caused, or poses the threat of	108
causing, the wound, injury, disability, or condition that	109
reasonably indicates abuse or neglect shall fail to immediately	110
report that knowledge or reasonable cause to believe to the entity	111
or persons specified in this division. Except as provided in	112
section 5120.173 of the Revised Code, the person making the report	113
shall make it to the public children services agency or a	114
municipal or county peace officer in the county in which the child	115
resides or in which the abuse or neglect is occurring or has	116
occurred. In the circumstances described in section 5120.173 of	117
the Revised Code, the person making the report shall make it to	118
the entity specified in that section.	119

(b) Except as provided in division (A)(4)(c) of this section,	120
a cleric is not required to make a report pursuant to division	121
(A)(4)(a) of this section concerning any communication the cleric	122
receives from a penitent in a cleric-penitent relationship, if, in	123
accordance with division (C) of section 2317.02 of the Revised	124
Code, the cleric could not testify with respect to that	125
communication in a civil or criminal proceeding.	126

(c) The penitent in a cleric-penitent relationship described	127
in division (A)(4)(b) of this section is deemed to have waived any	128
testimonial privilege under division (C) of section 2317.02 of the	129
Revised Code with respect to any communication the cleric receives	130
from the penitent in that cleric-penitent relationship, and the	131
cleric shall make a report pursuant to division (A)(4)(a) of this	132
section with respect to that communication, if all of the	133
following apply:	134

(i) The penitent, at the time of the communication, is either	135
a child under eighteen years of age or a mentally retarded,	136
developmentally disabled, or physically impaired person under	137
twenty-one years of age.	138

(ii) The cleric knows, or has reasonable cause to believe	139
based on facts that would cause a reasonable person in a similar	140
position to believe, as a result of the communication or any	141
observations made during that communication, the penitent has	142
suffered or faces a threat of suffering any physical or mental	143
wound, injury, disability, or condition of a nature that	144
reasonably indicates abuse or neglect of the penitent.	145

(iii) The abuse or neglect does not arise out of the	146
penitent's attempt to have an abortion performed upon a child	147
under eighteen years of age or upon a mentally retarded,	148
developmentally disabled, or physically impaired person under	149
twenty-one years of age without the notification of her parents,	150
guardian, or custodian in accordance with section 2151.85 of the	151
Revised Code.	152

(d) Divisions (A)(4)(a) and (c) of this section do not apply	153
in a cleric-penitent relationship when the disclosure of any	154
communication the cleric receives from the penitent is in	155
violation of the sacred trust.	156

(e) As used in divisions (A)(1) and (4) of this section,	157
"cleric" and "sacred trust" have the same meanings as in section	158
2317.02 of the Revised Code.	159

(B) Anyone who knows, or has reasonable cause to suspect	160
based on facts that would cause a reasonable person in similar	161
circumstances to suspect, that a child under eighteen years of age	162
or a mentally retarded, developmentally disabled, or physically	163
impaired person under twenty-one years of age has suffered or	164
faces a threat of suffering any physical or mental wound, injury,	165
disability, or other condition of a nature that reasonably	166
indicates abuse or neglect of the child may report or cause	167
reports to be made of that knowledge or reasonable cause to	168
suspect to the entity or persons specified in this division.	169
Except as provided in section 5120.173 of the Revised Code, a	170
person making a report or causing a report to be made under this	171
division shall make it or cause it to be made to the public	172
children services agency or to a municipal or county peace	173
officer. In the circumstances described in section 5120.173 of the	174
Revised Code, a person making a report or causing a report to be	175
made under this division shall make it or cause it to be made to	176
the entity specified in that section.	177

(C) Any report made pursuant to division (A) or (B) of this	178
section shall be made forthwith either by telephone or in person	179
and shall be followed by a written report, if requested by the	180
receiving agency or officer. The written report shall contain:	181

(1) The names and addresses of the child and the child's	182
parents or the person or persons having custody of the child, if	183
known;	184

(2) The child's age and the nature and extent of the child's	185
injuries, abuse, or neglect that is known or reasonably suspected	186
or believed, as applicable, to have occurred or of the threat of	187
injury, abuse, or neglect that is known or reasonably suspected or	188
believed, as applicable, to exist, including any evidence of	189
previous injuries, abuse, or neglect;	190

(3) Any other information that might be helpful in	191
establishing the cause of the injury, abuse, or neglect that is	192
known or reasonably suspected or believed, as applicable, to have	193
occurred or of the threat of injury, abuse, or neglect that is	194
known or reasonably suspected or believed, as applicable, to	195
exist.	196

Any person, who is required by division (A) of this section	197
to report child abuse or child neglect that is known or reasonably	198
suspected or believed to have occurred, may take or cause to be	199
taken color photographs of areas of trauma visible on a child and,	200
if medically indicated, cause to be performed radiological	201
examinations of the child.	202

(D) As used in this division, "children's advocacy center"	203
and "sexual abuse of a child" have the same meanings as in section	204
2151.425 of the Revised Code.	205

(1) When a municipal or county peace officer receives a	206
report concerning the possible abuse or neglect of a child or the	207
possible threat of abuse or neglect of a child, upon receipt of	208
the report, the municipal or county peace officer who receives the	209
report shall refer the report to the appropriate public children	210
services agency.	211

(2) When a public children services agency receives a report	212
pursuant to this division or division (A) or (B) of this section,	213
upon receipt of the report, the public children services agency	214
shall do both of the following:	215

(b) If the county served by the agency is also served by a	217
children's advocacy center and the report alleges sexual abuse of	218
a child or another type of abuse of a child that is specified in	219
the memorandum of understanding that creates the center as being	220
within the center's jurisdiction, comply regarding the report with	221
the protocol and procedures for referrals and investigations, with	222
the coordinating activities, and with the authority or	223
responsibility for performing or providing functions, activities,	224
and services stipulated in the interagency agreement entered into	225
under section 2151.428 of the Revised Code relative to that	226
center.	227

(E) No township, municipal, or county peace officer shall	228
remove a child about whom a report is made pursuant to this	229
section from the child's parents, stepparents, or guardian or any	230
other persons having custody of the child without consultation	231
with the public children services agency, unless, in the judgment	232
of the officer, and, if the report was made by physician, the	233
physician, immediate removal is considered essential to protect	234
the child from further abuse or neglect. The agency that must be	235
consulted shall be the agency conducting the investigation of the	236
report as determined pursuant to section 2151.422 of the Revised	237
Code.	238

(F)(1) Except as provided in section 2151.422 of the Revised	239
Code or in an interagency agreement entered into under section	240
2151.428 of the Revised Code that applies to the particular	241
report, the public children services agency shall investigate,	242
within twenty-four hours, each report of child abuse or child	243
neglect that is known or reasonably suspected or believed to have	244
occurred and of a threat of child abuse or child neglect that is	245
known or reasonably suspected or believed to exist that is	246
referred to it under this section to determine the circumstances	247
surrounding the injuries, abuse, or neglect or the threat of	248
injury, abuse, or neglect, the cause of the injuries, abuse,	249
neglect, or threat, and the person or persons responsible. The	250
investigation shall be made in cooperation with the law	251
enforcement agency and in accordance with the memorandum of	252
understanding prepared under division (J) of this section. A	253
representative of the public children services agency shall, at	254
the time of initial contact with the person subject to the	255
investigation, inform the person of the specific complaints or	256
allegations made against the person. The information shall be	257
given in a manner that is consistent with division (H)(1) of this	258
section and protects the rights of the person making the report	259
under this section.	260

A failure to make the investigation in accordance with the	261
memorandum is not grounds for, and shall not result in, the	262
dismissal of any charges or complaint arising from the report or	263
the suppression of any evidence obtained as a result of the report	264
and does not give, and shall not be construed as giving, any	265
rights or any grounds for appeal or post-conviction relief to any	266
person. The public children services agency shall report each case	267
to the uniform statewide automated child welfare information	268
system that the department of job and family services shall	269
maintain in accordance with section 5101.13 of the Revised Code.	270
The public children services agency shall submit a report of its	271
investigation, in writing, to the law enforcement agency.	272

(2) The public children services agency shall make any	273
recommendations to the county prosecuting attorney or city	274
director of law that it considers necessary to protect any	275
children that are brought to its attention.	276