S. B. No. 163 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

S. B. No. 163

Senator Niehaus

Cosponsors: Senators Cates, Kearney, Austria, Clancy, Schuring, Padgett

A BILL

To amend sections 109.57, 109.572, 109.60, 109.99, 1
2151.413, 2151.414, 2151.419, 2151.421, 2151.86, 2
3107.14, 5101.132, 5101.134, 5103.03, 5103.16, 3
5103.18, 5104.011, 5104.013, and 5104.30 and to 4
enact sections 109.581, 1901.43, 1907.181, 5
2301.10, 5101.32, 5103.0328, and 5104.022 of the 6
Revised Code to improve foster caregiver 7
background checks, clarify when a court must order 8
a person to be fingerprinted, and establish the 9
retained applicant fingerprint database. 10

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

       Section 1. That sections 109.57, 109.572, 109.60, 109.99, 11
2151.413, 2151.414, 2151.419, 2151.421, 2151.86, 3107.14, 12
5101.132, 5101.134, 5103.03, 5103.16, 5103.18, 5104.011, 5104.013, 13
and 5104.30 be amended and sections 109.581, 1901.43, 1907.181, 14
2301.10, 5101.32, 5103.0328, and 5104.022 of the Revised Code be 15
enacted to read as follows: 16

       Sec. 109.57. (A)(1) The superintendent of the bureau of 17
criminal identification and investigation shall procure from 18
wherever procurable and file for record photographs, pictures, 19
descriptions, fingerprints, measurements, and other information 20
that may be pertinent of all persons who have been convicted of 21
committing within this state a felony, any crime constituting a 22
misdemeanor on the first offense and a felony on subsequent 23
offenses, or any misdemeanor described in division (A)(1)(a) or 24
(A)(10)(a) of section 109.572 of the Revised Code, of all children 25
under eighteen years of age who have been adjudicated delinquent 26
children for committing within this state an act that would be a 27
felony or an offense of violence if committed by an adult or who 28
have been convicted of or pleaded guilty to committing within this 29
state a felony or an offense of violence, and of all well-known 30
and habitual criminals. The person in charge of any county, 31
multicounty, municipal, municipal-county, or multicounty-municipal 32
jail or workhouse, community-based correctional facility, halfway 33
house, alternative residential facility, or state correctional 34
institution and the person in charge of any state institution 35
having custody of a person suspected of having committed a felony, 36
any crime constituting a misdemeanor on the first offense and a 37
felony on subsequent offenses, or any misdemeanor described in 38
division (A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised 39
Code or having custody of a child under eighteen years of age with 40
respect to whom there is probable cause to believe that the child 41
may have committed an act that would be a felony or an offense of 42
violence if committed by an adult shall furnish such material to 43
the superintendent of the bureau. Fingerprints, photographs, or 44
other descriptive information of a child who is under eighteen 45
years of age, has not been arrested or otherwise taken into 46
custody for committing an act that would be a felony or an offense 47
of violence if committed by an adult, has not been adjudicated a 48
delinquent child for committing an act that would be a felony or 49
an offense of violence if committed by an adult, has not been 50
convicted of or pleaded guilty to committing a felony or an 51
offense of violence, and is not a child with respect to whom there 52
is probable cause to believe that the child may have committed an 53
act that would be a felony or an offense of violence if committed 54
by an adult shall not be procured by the superintendent or 55
furnished by any person in charge of any county, multicounty, 56
municipal, municipal-county, or multicounty-municipal jail or 57
workhouse, community-based correctional facility, halfway house, 58
alternative residential facility, or state correctional 59
institution, except as authorized in section 2151.313 of the 60
Revised Code. 61

       (2) Every clerk of a court of record in this state, other 62
than the supreme court or a court of appeals, shall send to the 63
superintendent of the bureau a weekly report containing a summary 64
of each case involving a felony, involving any crime constituting 65
a misdemeanor on the first offense and a felony on subsequent 66
offenses, involving a misdemeanor described in division (A)(1)(a) 67
or (A)(10)(a) of section 109.572 of the Revised Code, or involving 68
an adjudication in a case in which a child under eighteen years of 69
age was alleged to be a delinquent child for committing an act 70
that would be a felony or an offense of violence if committed by 71
an adult. The clerk of the court of common pleas shall include in 72
the report and summary the clerk sends under this division all 73
information described in divisions (A)(2)(a) to (f) of this 74
section regarding a case before the court of appeals that is 75
served by that clerk. The summary shall be written on the standard 76
forms furnished by the superintendent pursuant to division (B) of 77
this section and shall include the following information: 78

       (a) The incident tracking number contained on the standard 79
forms furnished by the superintendent pursuant to division (B) of 80
this section; 81

       (b) The style and number of the case; 82

       (c) The date of arrest, offense, summons, or arraignment; 83

       (d) The date that the person was convicted of or pleaded 84
guilty to the offense, adjudicated a delinquent child for 85
committing the act that would be a felony or an offense of 86
violence if committed by an adult, found not guilty of the 87
offense, or found not to be a delinquent child for committing an 88
act that would be a felony or an offense of violence if committed 89
by an adult, the date of an entry dismissing the charge, an entry 90
declaring a mistrial of the offense in which the person is 91
discharged, an entry finding that the person or child is not 92
competent to stand trial, or an entry of a nolle prosequi, or the 93
date of any other determination that constitutes final resolution 94
of the case; 95

       (e) A statement of the original charge with the section of 96
the Revised Code that was alleged to be violated; 97

       (f) If the person or child was convicted, pleaded guilty, or 98
was adjudicated a delinquent child, the sentence or terms of 99
probation imposed or any other disposition of the offender or the 100
delinquent child. 101

       If the offense involved the disarming of a law enforcement 102
officer or an attempt to disarm a law enforcement officer, the 103
clerk shall clearly state that fact in the summary, and the 104
superintendent shall ensure that a clear statement of that fact is 105
placed in the bureau's records. 106

       (3) The superintendent shall cooperate with and assist 107
sheriffs, chiefs of police, and other law enforcement officers in 108
the establishment of a complete system of criminal identification 109
and in obtaining fingerprints and other means of identification of 110
all persons arrested on a charge of a felony, any crime 111
constituting a misdemeanor on the first offense and a felony on 112
subsequent offenses, or a misdemeanor described in division 113
(A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised Code and 114
of all children under eighteen years of age arrested or otherwise 115
taken into custody for committing an act that would be a felony or 116
an offense of violence if committed by an adult. The 117
superintendent also shall file for record the fingerprint 118
impressions of all persons confined in a county, multicounty, 119
municipal, municipal-county, or multicounty-municipal jail or 120
workhouse, community-based correctional facility, halfway house, 121
alternative residential facility, or state correctional 122
institution for the violation of state laws and of all children 123
under eighteen years of age who are confined in a county, 124
multicounty, municipal, municipal-county, or multicounty-municipal 125
jail or workhouse, community-based correctional facility, halfway 126
house, alternative residential facility, or state correctional 127
institution or in any facility for delinquent children for 128
committing an act that would be a felony or an offense of violence 129
if committed by an adult, and any other information that the 130
superintendent may receive from law enforcement officials of the 131
state and its political subdivisions. 132

       (4) The superintendent shall carry out Chapter 2950. of the 133
Revised Code with respect to the registration of persons who are 134
convicted of or plead guilty to either a sexually oriented offense 135
that is not a registration-exempt sexually oriented offense or a 136
child-victim oriented offense and with respect to all other duties 137
imposed on the bureau under that chapter. 138

       (5) The bureau shall perform centralized recordkeeping 139
functions for criminal history records and services in this state 140
for purposes of the national crime prevention and privacy compact 141
set forth in section 109.571 of the Revised Code and is the 142
criminal history record repository as defined in that section for 143
purposes of that compact. The superintendent or the 144
superintendent's designee is the compact officer for purposes of 145
that compact and shall carry out the responsibilities of the 146
compact officer specified in that compact. 147

       (B) The superintendent shall prepare and furnish to every 148
county, multicounty, municipal, municipal-county, or 149
multicounty-municipal jail or workhouse, community-based 150
correctional facility, halfway house, alternative residential 151
facility, or state correctional institution and to every clerk of 152
a court in this state specified in division (A)(2) of this section 153
standard forms for reporting the information required under 154
division (A) of this section. The standard forms that the 155
superintendent prepares pursuant to this division may be in a 156
tangible format, in an electronic format, or in both tangible 157
formats and electronic formats. 158

       (C) The superintendent may operate a center for electronic, 159
automated, or other data processing for the storage and retrieval 160
of information, data, and statistics pertaining to criminals and 161
to children under eighteen years of age who are adjudicated 162
delinquent children for committing an act that would be a felony 163
or an offense of violence if committed by an adult, criminal 164
activity, crime prevention, law enforcement, and criminal justice, 165
and may establish and operate a statewide communications network 166
to gather and disseminate information, data, and statistics for 167
the use of law enforcement agencies. The superintendent may 168
gather, store, retrieve, and disseminate information, data, and 169
statistics that pertain to children who are under eighteen years 170
of age and that are gathered pursuant to sections 109.57 to 109.61 171
of the Revised Code together with information, data, and 172
statistics that pertain to adults and that are gathered pursuant 173
to those sections. In addition to any other authorized use of 174
information, data, and statistics of that nature, the 175
superintendent or the superintendent's designee may provide and 176
exchange the information, data, and statistics pursuant to the 177
national crime prevention and privacy compact as described in 178
division (A)(5) of this section. 179

       (D) The information and materials furnished to the 180
superintendent pursuant to division (A) of this section and 181
information and materials furnished to any board or person under 182
division (F) or (G) of this section are not public records under 183
section 149.43 of the Revised Code. 184

       (E) The attorney general shall adopt rules, in accordance 185
with Chapter 119. of the Revised Code, setting forth the procedure 186
by which a person may receive or release information gathered by 187
the superintendent pursuant to division (A) of this section. A 188
reasonable fee may be charged for this service. If a temporary 189
employment service submits a request for a determination of 190
whether a person the service plans to refer to an employment 191
position has been convicted of or pleaded guilty to an offense 192
listed in division (A)(1), (3), (4), (5), or (6) of section 193
109.572 of the Revised Code, the request shall be treated as a 194
single request and only one fee shall be charged. 195

       (F)(1) As used in division (F)(2) of this section, "head 196
start agency" means an entity in this state that has been approved 197
to be an agency for purposes of subchapter II of the "Community 198
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, 199
as amended. 200

       (2)(a) In addition to or in conjunction with any request that 201
is required to be made under section 109.572, 2151.86, 3301.32, 202
3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5123.081, 203
5126.28, 5126.281, or 5153.111 of the Revised Code, the board of 204
education of any school district; the director of mental 205
retardation and developmental disabilities; any county board of 206
mental retardation and developmental disabilities; any entity 207
under contract with a county board of mental retardation and 208
developmental disabilities; the chief administrator of any 209
chartered nonpublic school; the chief administrator of any home 210
health agency; the chief administrator of or person operating any 211
child day-care center, type A family day-care home, or type B 212
family day-care home licensed or certified under Chapter 5104. of 213
the Revised Code; the administrator of any type C family day-care 214
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st 215
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st 216
general assembly; the chief administrator of any head start 217
agency; or the executive director of a public children services 218
agency may request that the superintendent of the bureau 219
investigate and determine, with respect to any individual who has 220
applied for employment in any position after October 2, 1989, or 221
any individual wishing to apply for employment with a board of 222
education may request, with regard to the individual, whether the 223
bureau has any information gathered under division (A) of this 224
section that pertains to that individual. On receipt of the 225
request, the superintendent shall determine whether that 226
information exists and, upon request of the person, board, or 227
entity requesting information, also shall request from the federal 228
bureau of investigation any criminal records it has pertaining to 229
that individual. The superintendent or the superintendent's 230
designee also may request criminal history records from other 231
states or the federal government pursuant to the national crime 232
prevention and privacy compact set forth in section 109.571 of the 233
Revised Code. Within thirty days of the date that the 234
superintendent receives a request, the superintendent shall send 235
to the board, entity, or person a report of any information that 236
the superintendent determines exists, including information 237
contained in records that have been sealed under section 2953.32 238
of the Revised Code, and, within thirty days of its receipt, shall 239
send the board, entity, or person a report of any information 240
received from the federal bureau of investigation, other than 241
information the dissemination of which is prohibited by federal 242
law. 243

       (b) When a board of education is required to receive 244
information under this section as a prerequisite to employment of 245
an individual pursuant to section 3319.39 of the Revised Code, it 246
may accept a certified copy of records that were issued by the 247
bureau of criminal identification and investigation and that are 248
presented by an individual applying for employment with the 249
district in lieu of requesting that information itself. In such a 250
case, the board shall accept the certified copy issued by the 251
bureau in order to make a photocopy of it for that individual's 252
employment application documents and shall return the certified 253
copy to the individual. In a case of that nature, a district only 254
shall accept a certified copy of records of that nature within one 255
year after the date of their issuance by the bureau. 256

       (3) The state board of education may request, with respect to 257
any individual who has applied for employment after October 2, 258
1989, in any position with the state board or the department of 259
education, any information that a school district board of 260
education is authorized to request under division (F)(2) of this 261
section, and the superintendent of the bureau shall proceed as if 262
the request has been received from a school district board of 263
education under division (F)(2) of this section. 264

       (4) When the superintendent of the bureau receives a request 265
for information under section 3319.291 of the Revised Code, the 266
superintendent shall proceed as if the request has been received 267
from a school district board of education under division (F)(2) of 268
this section. 269

       (5) When a recipient of a classroom reading improvement grant 270
paid under section 3301.86 of the Revised Code requests, with 271
respect to any individual who applies to participate in providing 272
any program or service funded in whole or in part by the grant, 273
the information that a school district board of education is 274
authorized to request under division (F)(2)(a) of this section, 275
the superintendent of the bureau shall proceed as if the request 276
has been received from a school district board of education under 277
division (F)(2)(a) of this section. 278

       (G) In addition to or in conjunction with any request that is 279
required to be made under section 3701.881, 3712.09, 3721.121, or 280
3722.151 of the Revised Code with respect to an individual who has 281
applied for employment in a position that involves providing 282
direct care to an older adult, the chief administrator of a home 283
health agency, hospice care program, home licensed under Chapter 284
3721. of the Revised Code, adult day-care program operated 285
pursuant to rules adopted under section 3721.04 of the Revised 286
Code, or adult care facility may request that the superintendent 287
of the bureau investigate and determine, with respect to any 288
individual who has applied after January 27, 1997, for employment 289
in a position that does not involve providing direct care to an 290
older adult, whether the bureau has any information gathered under 291
division (A) of this section that pertains to that individual. 292

       In addition to or in conjunction with any request that is 293
required to be made under section 173.27 of the Revised Code with 294
respect to an individual who has applied for employment in a 295
position that involves providing ombudsperson services to 296
residents of long-term care facilities or recipients of 297
community-based long-term care services, the state long-term care 298
ombudsperson, ombudsperson's designee, or director of health may 299
request that the superintendent investigate and determine, with 300
respect to any individual who has applied for employment in a 301
position that does not involve providing such ombudsperson 302
services, whether the bureau has any information gathered under 303
division (A) of this section that pertains to that applicant. 304

       In addition to or in conjunction with any request that is 305
required to be made under section 173.394 of the Revised Code with 306
respect to an individual who has applied for employment in a 307
position that involves providing direct care to an individual, the 308
chief administrator of a community-based long-term care agency may 309
request that the superintendent investigate and determine, with 310
respect to any individual who has applied for employment in a 311
position that does not involve providing direct care, whether the 312
bureau has any information gathered under division (A) of this 313
section that pertains to that applicant. 314

       On receipt of a request under this division, the 315
superintendent shall determine whether that information exists 316
and, on request of the individual requesting information, shall 317
also request from the federal bureau of investigation any criminal 318
records it has pertaining to the applicant. The superintendent or 319
the superintendent's designee also may request criminal history 320
records from other states or the federal government pursuant to 321
the national crime prevention and privacy compact set forth in 322
section 109.571 of the Revised Code. Within thirty days of the 323
date a request is received, the superintendent shall send to the 324
requester a report of any information determined to exist, 325
including information contained in records that have been sealed 326
under section 2953.32 of the Revised Code, and, within thirty days 327
of its receipt, shall send the requester a report of any 328
information received from the federal bureau of investigation, 329
other than information the dissemination of which is prohibited by 330
federal law. 331

       (H) Information obtained by a government entity or person 332
under this section is confidential and shall not be released or 333
disseminated. 334

       (I) The superintendent may charge a reasonable fee for 335
providing information or criminal records under division (F)(2) or 336
(G) of this section. 337

       Sec. 109.572. (A)(1) Upon receipt of a request pursuant to 338
section 121.08, 3301.32, 3301.541, or 3319.39~~, 5104.012, or~~ 339
~~5104.013~~ of the Revised Code, a completed form prescribed pursuant 340
to division (C)(1) of this section, and a set of fingerprint 341
impressions obtained in the manner described in division (C)(2) of 342
this section, the superintendent of the bureau of criminal 343
identification and investigation shall conduct a criminal records 344
check in the manner described in division (B) of this section to 345
determine whether any information exists that indicates that the 346
person who is the subject of the request previously has been 347
convicted of or pleaded guilty to any of the following: 348

       (a) A violation of section 2903.01, 2903.02, 2903.03, 349
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 350
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 351
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 352
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 353
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 354
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 355
2925.06, or 3716.11 of the Revised Code, felonious sexual 356
penetration in violation of former section 2907.12 of the Revised 357
Code, a violation of section 2905.04 of the Revised Code as it 358
existed prior to July 1, 1996, a violation of section 2919.23 of 359
the Revised Code that would have been a violation of section 360
2905.04 of the Revised Code as it existed prior to July 1, 1996, 361
had the violation been committed prior to that date, or a 362
violation of section 2925.11 of the Revised Code that is not a 363
minor drug possession offense; 364

       (b) A violation of an existing or former law of this state, 365
any other state, or the United States that is substantially 366
equivalent to any of the offenses listed in division (A)(1)(a) of 367
this section. 368

       (2) On receipt of a request pursuant to section 5123.081 of 369
the Revised Code with respect to an applicant for employment in 370
any position with the department of mental retardation and 371
developmental disabilities, pursuant to section 5126.28 of the 372
Revised Code with respect to an applicant for employment in any 373
position with a county board of mental retardation and 374
developmental disabilities, or pursuant to section 5126.281 of the 375
Revised Code with respect to an applicant for employment in a 376
direct services position with an entity contracting with a county 377
board for employment, a completed form prescribed pursuant to 378
division (C)(1) of this section, and a set of fingerprint 379
impressions obtained in the manner described in division (C)(2) of 380
this section, the superintendent of the bureau of criminal 381
identification and investigation shall conduct a criminal records 382
check. The superintendent shall conduct the criminal records check 383
in the manner described in division (B) of this section to 384
determine whether any information exists that indicates that the 385
person who is the subject of the request has been convicted of or 386
pleaded guilty to any of the following: 387

       (a) A violation of section 2903.01, 2903.02, 2903.03, 388
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 389
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 390
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 391
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 392
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 393
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 394
2925.03, or 3716.11 of the Revised Code; 395

       (b) An existing or former municipal ordinance or law of this 396
state, any other state, or the United States that is substantially 397
equivalent to any of the offenses listed in division (A)(2)(a) of 398
this section. 399

       (3) On receipt of a request pursuant to section 173.27, 400
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a 401
completed form prescribed pursuant to division (C)(1) of this 402
section, and a set of fingerprint impressions obtained in the 403
manner described in division (C)(2) of this section, the 404
superintendent of the bureau of criminal identification and 405
investigation shall conduct a criminal records check with respect 406
to any person who has applied for employment in a position for 407
which a criminal records check is required by those sections. The 408
superintendent shall conduct the criminal records check in the 409
manner described in division (B) of this section to determine 410
whether any information exists that indicates that the person who 411
is the subject of the request previously has been convicted of or 412
pleaded guilty to any of the following: 413

       (a) A violation of section 2903.01, 2903.02, 2903.03, 414
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 415
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 416
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 417
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 418
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 419
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 420
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 421
2925.22, 2925.23, or 3716.11 of the Revised Code; 422

       (b) An existing or former law of this state, any other state, 423
or the United States that is substantially equivalent to any of 424
the offenses listed in division (A)(3)(a) of this section. 425

       (4) On receipt of a request pursuant to section 3701.881 of 426
the Revised Code with respect to an applicant for employment with 427
a home health agency as a person responsible for the care, 428
custody, or control of a child, a completed form prescribed 429
pursuant to division (C)(1) of this section, and a set of 430
fingerprint impressions obtained in the manner described in 431
division (C)(2) of this section, the superintendent of the bureau 432
of criminal identification and investigation shall conduct a 433
criminal records check. The superintendent shall conduct the 434
criminal records check in the manner described in division (B) of 435
this section to determine whether any information exists that 436
indicates that the person who is the subject of the request 437
previously has been convicted of or pleaded guilty to any of the 438
following: 439

       (a) A violation of section 2903.01, 2903.02, 2903.03, 440
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 441
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 442
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 443
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 444
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 445
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 446
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a 447
violation of section 2925.11 of the Revised Code that is not a 448
minor drug possession offense; 449

       (b) An existing or former law of this state, any other state, 450
or the United States that is substantially equivalent to any of 451
the offenses listed in division (A)(4)(a) of this section. 452

       (5) On receipt of a request pursuant to section 5111.95 or 453
5111.96 of the Revised Code with respect to an applicant for 454
employment with a waiver agency participating in a department of 455
job and family services administered home and community-based 456
waiver program or an independent provider participating in a 457
department administered home and community-based waiver program in 458
a position that involves providing home and community-based waiver 459
services to consumers with disabilities, a completed form 460
prescribed pursuant to division (C)(1) of this section, and a set 461
of fingerprint impressions obtained in the manner described in 462
division (C)(2) of this section, the superintendent of the bureau 463
of criminal identification and investigation shall conduct a 464
criminal records check. The superintendent shall conduct the 465
criminal records check in the manner described in division (B) of 466
this section to determine whether any information exists that 467
indicates that the person who is the subject of the request 468
previously has been convicted of or pleaded guilty to any of the 469
following: 470

       (a) A violation of section 2903.01, 2903.02, 2903.03, 471
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 472
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02, 473
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 474
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 475
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 476
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 477
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36, 478
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 479
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the 480
Revised Code, felonious sexual penetration in violation of former 481
section 2907.12 of the Revised Code, a violation of section 482
2905.04 of the Revised Code as it existed prior to July 1, 1996, a 483
violation of section 2919.23 of the Revised Code that would have 484
been a violation of section 2905.04 of the Revised Code as it 485
existed prior to July 1, 1996, had the violation been committed 486
prior to that date; 487

       (b) An existing or former law of this state, any other state, 488
or the United States that is substantially equivalent to any of 489
the offenses listed in division (A)(5)(a) of this section. 490

       (6) On receipt of a request pursuant to section 3701.881 of 491
the Revised Code with respect to an applicant for employment with 492
a home health agency in a position that involves providing direct 493
care to an older adult, a completed form prescribed pursuant to 494
division (C)(1) of this section, and a set of fingerprint 495
impressions obtained in the manner described in division (C)(2) of 496
this section, the superintendent of the bureau of criminal 497
identification and investigation shall conduct a criminal records 498
check. The superintendent shall conduct the criminal records check 499
in the manner described in division (B) of this section to 500
determine whether any information exists that indicates that the 501
person who is the subject of the request previously has been 502
convicted of or pleaded guilty to any of the following: 503

       (a) A violation of section 2903.01, 2903.02, 2903.03, 504
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 505
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 506
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 507
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 508
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 509
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 510
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 511
2925.22, 2925.23, or 3716.11 of the Revised Code; 512

       (b) An existing or former law of this state, any other state, 513
or the United States that is substantially equivalent to any of 514
the offenses listed in division (A)(6)(a) of this section. 515

       (7) When conducting a criminal records check upon a request 516
pursuant to section 3319.39 of the Revised Code for an applicant 517
who is a teacher, in addition to the determination made under 518
division (A)(1) of this section, the superintendent shall 519
determine whether any information exists that indicates that the 520
person who is the subject of the request previously has been 521
convicted of or pleaded guilty to any offense specified in section 522
3319.31 of the Revised Code. 523

       (8) On a request pursuant to section 2151.86 of the Revised 524
Code, a completed form prescribed pursuant to division (C)(1) of 525
this section, and a set of fingerprint impressions obtained in the 526
manner described in division (C)(2) of this section, the 527
superintendent of the bureau of criminal identification and 528
investigation shall conduct a criminal records check in the manner 529
described in division (B) of this section to determine whether any 530
information exists that indicates that the person who is the 531
subject of the request previously has been convicted of or pleaded 532
guilty to any of the following: 533

       (a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, 534
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, 535
2903.211 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 536
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 537
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 538
2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24, 2911.01, 539
2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02, 2919.12, 540
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 541
2925.03, 2925.04, 2925.05, 2925.06, or2927.12, 3716.11, or 542
4511.19 of the Revised Code, a violation of section 2905.04 of the 543
Revised Code as it existed prior to July 1, 1996, a violation of 544
section 2919.23 of the Revised Code that would have been a 545
violation of section 2905.04 of the Revised Code as it existed 546
prior to July 1, 1996, had the violation been committed prior to 547
that date, a violation of section 2925.11 of the Revised Code that 548
is not a minor drug possession offense, or felonious sexual 549
penetration in violation of former section 2907.12 of the Revised 550
Code; 551

       (b) A violation of an existing or former law of this state, 552
any other state, or the United States that is substantially 553
equivalent to any of the offenses listed in division (A)(8)(a) of 554
this section. 555

       (9) ~~When conducting a criminal records check on~~Upon receipt 556
of a request pursuant to section 5104.012 or 5104.013 of the 557
Revised Code ~~for a person who is an owner, licensee, or~~ 558
~~administrator of a child day-care center or type A family day-care~~ 559
~~home, an authorized provider of a certified type B family day-care~~ 560
~~home, or an adult residing in a type A or certified type B home,~~ 561
~~or when conducting a criminal records check or a request pursuant~~ 562
~~to section 5104.012 of the Revised Code for a person who is an~~ 563
~~applicant for employment in a center, type A home, or certified~~ 564
~~type B home, the superintendent, in addition to the determination~~ 565
~~made under division (A)(1) of this section, shall~~, a completed 566
form prescribed pursuant to division (C)(1) of this section, and a 567
set of fingerprint impressions obtained in the manner described in 568
division (C)(2) of this section, the superintendent of the bureau 569
of criminal identification and investigation shall conduct a 570
criminal records check in the manner described in division (B) of 571
this section to determine whether any information exists that 572
indicates that the person who is the subject of the request has 573
been convicted of or pleaded guilty to any of the following: 574

       (a) A violation of section 2903.01, 2903.02, 2903.03, 575
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 576
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 577
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 578
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 579
2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04, 2913.041, 580
2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 2913.33, 581
2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441, 582
2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12, 2919.22, 583
2919.24, 2919.25, 2921.11, 2921.13, or 2923.01, 2923.12, 2923.13, 584
2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 585
of the Revised Code, felonious sexual penetration in violation of 586
former section 2907.12 of the Revised Code, a violation of section 587
2905.04 of the Revised Code as it existed prior to July 1, 1996, a 588
violation of section 2919.23 of the Revised Code that would have 589
been a violation of section 2905.04 of the Revised Code as it 590
existed prior to July 1, 1996, had the violation been committed 591
prior to that date, a violation of section 2925.11 of the Revised 592
Code that is not a minor drug possession offense, a violation of 593
section 2923.02 or 2923.03 of the Revised Code that relates to a 594
crime specified in this division ~~or division (A)(1)(a) of this~~ 595
~~section~~, or a second violation of section 4511.19 of the Revised 596
Code within five years of the date of application for licensure or 597
certification. 598

       (b) A violation of an existing or former law of this state, 599
any other state, or the United States that is substantially 600
equivalent to any of the offenses or violations described in 601
division (A)(9)(a) of this section. 602

       (10) Upon receipt of a request pursuant to section 5153.111 603
of the Revised Code, a completed form prescribed pursuant to 604
division (C)(1) of this section, and a set of fingerprint 605
impressions obtained in the manner described in division (C)(2) of 606
this section, the superintendent of the bureau of criminal 607
identification and investigation shall conduct a criminal records 608
check in the manner described in division (B) of this section to 609
determine whether any information exists that indicates that the 610
person who is the subject of the request previously has been 611
convicted of or pleaded guilty to any of the following: 612

       (a) A violation of section 2903.01, 2903.02, 2903.03, 613
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 614
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 615
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 616
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 617
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 618
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 619
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, 620
felonious sexual penetration in violation of former section 621
2907.12 of the Revised Code, a violation of section 2905.04 of the 622
Revised Code as it existed prior to July 1, 1996, a violation of 623
section 2919.23 of the Revised Code that would have been a 624
violation of section 2905.04 of the Revised Code as it existed 625
prior to July 1, 1996, had the violation been committed prior to 626
that date, or a violation of section 2925.11 of the Revised Code 627
that is not a minor drug possession offense; 628

       (b) A violation of an existing or former law of this state, 629
any other state, or the United States that is substantially 630
equivalent to any of the offenses listed in division (A)(10)(a) of 631
this section. 632

       (11) On receipt of a request for a criminal records check 633
from an individual pursuant to section 4749.03 or 4749.06 of the 634
Revised Code, accompanied by a completed copy of the form 635
prescribed in division (C)(1) of this section and a set of 636
fingerprint impressions obtained in a manner described in division 637
(C)(2) of this section, the superintendent of the bureau of 638
criminal identification and investigation shall conduct a criminal 639
records check in the manner described in division (B) of this 640
section to determine whether any information exists indicating 641
that the person who is the subject of the request has been 642
convicted of or pleaded guilty to a felony in this state or in any 643
other state. If the individual indicates that a firearm will be 644
carried in the course of business, the superintendent shall 645
require information from the federal bureau of investigation as 646
described in division (B)(2) of this section. The superintendent 647
shall report the findings of the criminal records check and any 648
information the federal bureau of investigation provides to the 649
director of public safety. 650

       (12) On receipt of a request pursuant to section 1322.03, 651
1322.031, or 4763.05 of the Revised Code, a completed form 652
prescribed pursuant to division (C)(1) of this section, and a set 653
of fingerprint impressions obtained in the manner described in 654
division (C)(2) of this section, the superintendent of the bureau 655
of criminal identification and investigation shall conduct a 656
criminal records check with respect to any person who has applied 657
for a license, permit, or certification from the department of 658
commerce or a division in the department. The superintendent shall 659
conduct the criminal records check in the manner described in 660
division (B) of this section to determine whether any information 661
exists that indicates that the person who is the subject of the 662
request previously has been convicted of or pleaded guilty to any 663
of the following: a violation of section 2913.02, 2913.11, 664
2913.31, 2913.51, or 2925.03 of the Revised Code; any other 665
criminal offense involving theft, receiving stolen property, 666
embezzlement, forgery, fraud, passing bad checks, money 667
laundering, or drug trafficking, or any criminal offense involving 668
money or securities, as set forth in Chapters 2909., 2911., 2913., 669
2915., 2921., 2923., and 2925. of the Revised Code; or any 670
existing or former law of this state, any other state, or the 671
United States that is substantially equivalent to those offenses. 672

       (13) Not later than thirty days after the date the 673
superintendent receives the request, completed form, and 674
fingerprint impressions, the superintendent shall send the person, 675
board, or entity that made the request any information, other than 676
information the dissemination of which is prohibited by federal 677
law, the superintendent determines exists with respect to the 678
person who is the subject of the request that indicates that the 679
person previously has been convicted of or pleaded guilty to any 680
offense listed or described in division (A)(1), (2), (3), (4), 681
(5), (6), (7), (8), (9), (10), (11), or (12) of this section, as 682
appropriate. The superintendent shall send the person, board, or 683
entity that made the request a copy of the list of offenses 684
specified in division (A)(1), (2), (3), (4), (5), (6), (7), (8), 685
(9), (10), (11), or (12) of this section, as appropriate. If the 686
request was made under section 3701.881 of the Revised Code with 687
regard to an applicant who may be both responsible for the care, 688
custody, or control of a child and involved in providing direct 689
care to an older adult, the superintendent shall provide a list of 690
the offenses specified in divisions (A)(4) and (6) of this 691
section. 692

       (B) The superintendent shall conduct any criminal records 693
check requested under section 121.08, 173.27, 173.394, 1322.03, 694
1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 695
3721.121, 3722.151, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013, 696
5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the 697
Revised Code as follows: 698

       (1) The superintendent shall review or cause to be reviewed 699
any relevant information gathered and compiled by the bureau under 700
division (A) of section 109.57 of the Revised Code that relates to 701
the person who is the subject of the request, including any 702
relevant information contained in records that have been sealed 703
under section 2953.32 of the Revised Code; 704

       (2) If the request received by the superintendent asks for 705
information from the federal bureau of investigation, the 706
superintendent shall request from the federal bureau of 707
investigation any information it has with respect to the person 708
who is the subject of the request and shall review or cause to be 709
reviewed any information the superintendent receives from that 710
bureau. 711

        (3) The superintendent or the superintendent's designee may 712
request criminal history records from other states or the federal 713
government pursuant to the national crime prevention and privacy 714
compact set forth in section 109.571 of the Revised Code. 715

       (C)(1) The superintendent shall prescribe a form to obtain 716
the information necessary to conduct a criminal records check from 717
any person for whom a criminal records check is required by 718
section 121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86, 719
3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 720
4749.03, 4749.06, 4763.05, 5104.012, 5104.013, 5111.95, 5111.96, 721
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The 722
form that the superintendent prescribes pursuant to this division 723
may be in a tangible format, in an electronic format, or in both 724
tangible and electronic formats. 725

       (2) The superintendent shall prescribe standard impression 726
sheets to obtain the fingerprint impressions of any person for 727
whom a criminal records check is required by section 121.08, 728
173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541, 729
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 730
4763.05, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 731
5126.281, or 5153.111 of the Revised Code. Any person for whom a 732
records check is required by any of those sections shall obtain 733
the fingerprint impressions at a county sheriff's office, 734
municipal police department, or any other entity with the ability 735
to make fingerprint impressions on the standard impression sheets 736
prescribed by the superintendent. The office, department, or 737
entity may charge the person a reasonable fee for making the 738
impressions. The standard impression sheets the superintendent 739
prescribes pursuant to this division may be in a tangible format, 740
in an electronic format, or in both tangible and electronic 741
formats. 742

       (3) Subject to division (D) of this section, the 743
superintendent shall prescribe and charge a reasonable fee for 744
providing a criminal records check requested under section 121.08, 745
173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541, 746
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 747
4763.05, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 748
5126.281, or 5153.111 of the Revised Code. The person making a 749
criminal records request under ~~section 121.08, 173.27, 173.394,~~ 750
~~1322.03, 1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,~~ 751
~~3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 4763.05, 5104.012,~~ 752
~~5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or~~ 753
~~5153.111 of the Revised Code~~any of those sections shall pay the 754
fee prescribed pursuant to this division. A person making a 755
request under section 3701.881 of the Revised Code for a criminal 756
records check for an applicant who may be both responsible for the 757
care, custody, or control of a child and involved in providing 758
direct care to an older adult shall pay one fee for the request. 759

       (4) The superintendent of the bureau of criminal 760
identification and investigation may prescribe methods of 761
forwarding fingerprint impressions and information necessary to 762
conduct a criminal records check, which methods shall include, but 763
not be limited to, an electronic method. 764

       (D) A determination whether any information exists that 765
indicates that a person previously has been convicted of or 766
pleaded guilty to any offense listed or described in division 767
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or 768
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b), 769
(A)(9)(a) or (b), (A)(10)(a) or (b), or (A)(12) of this section 770
that is made by the superintendent with respect to information 771
considered in a criminal records check in accordance with this 772
section is valid for the person who is the subject of the criminal 773
records check for a period of one year from the date upon which 774
the superintendent makes the determination. During the period in 775
which the determination in regard to a person is valid, if another 776
request under this section is made for a criminal records check 777
for that person, the superintendent shall provide the information 778
that is the basis for the superintendent's initial determination 779
at a lower fee than the fee prescribed for the initial criminal 780
records check. 781

       (E) As used in this section: 782

       (1) "Criminal records check" means any criminal records check 783
conducted by the superintendent of the bureau of criminal 784
identification and investigation in accordance with division (B) 785
of this section. 786

       (2) "Home and community-based waiver services" and "waiver 787
agency" have the same meanings as in section 5111.95 of the 788
Revised Code. 789

       (3) "Independent provider" has the same meaning as in section 790
5111.96 of the Revised Code. 791

       (4) "Minor drug possession offense" has the same meaning as 792
in section 2925.01 of the Revised Code. 793

       (5) "Older adult" means a person age sixty or older. 794

       Sec. 109.581. (A) As used in this section: 795

       (1) "Individual" means any person who is required by law to 796
submit fingerprint impressions to a participating entity for a 797
criminal records check. 798

       (2) "Participating entity" means a state agency, or its 799
designee, that requires fingerprint impressions of an individual 800
for a criminal records check as a condition of licensure, 801
certification, employment, or volunteer service with the agency. 802

       (3) "State agency" has the same meaning as in section 9.23 of 803
the Revised Code. 804

       (B) The superintendent of the bureau of criminal 805
identification and investigation shall establish and maintain a 806
retained applicant fingerprint database, separate and apart from 807
all other records maintained by the bureau, to notify a 808
participating entity when an individual who is licensed, 809
certified, or employed by, or volunteers with, the participating 810
entity and is arrested for, or pleads guilty to or is convicted 811
of, an offense that would disqualify that individual from 812
licensure, certification, employment, or volunteering with the 813
participating entity. 814

       The superintendent of the bureau of criminal identification 815
and investigation and each participating entity shall work 816
together to develop procedures and formats necessary to produce 817
the notices described in division (D) of this section in a format 818
that is acceptable for use by the participating entity. 819

       (C)(1) A participating entity shall ensure that the 820
superintendent of the bureau of criminal identification and 821
investigation receives fingerprint impressions in a manner 822
prescribed by the bureau in rules adopted under this section prior 823
to the individual being licensed, certified, or employed by, or 824
beginning volunteer service with, the participating entity. The 825
bureau shall enter information and the fingerprint impressions 826
relating to the individual into the retained applicant fingerprint 827
database within thirty days of receiving the information and 828
impressions. 829

       (2) An individual who has submitted fingerprint impressions 830
for licensure, certification, employment, or volunteer service 831
with a participating entity shall be reprinted for licensure, 832
certification, employment, or volunteer service with another 833
participating entity. If an individual has been reprinted, the 834
superintendent of the bureau of criminal identification and 835
investigation shall update that individual's information 836
accordingly. 837

       (3) A participating entity shall notify the bureau of 838
criminal identification and investigation when an individual is no 839
longer licensed, certified, or employed by, or volunteers with, 840
the participating entity, or the individual is deceased. 841

       (D) The superintendent of the bureau of criminal 842
identification and investigation shall promptly notify a 843
participating entity when an individual who is licensed, 844
certified, or employed by, or volunteers with, a participating 845
entity is arrested for, or pleads guilty to or is convicted of, an 846
offense that would disqualify that individual from licensure, 847
certification, employment, or volunteering with the participating 848
entity. 849

       (E)(1) Information contained in the retained applicant 850
fingerprint database, and in the notice described in division (D) 851
of this section, shall be used by the bureau of criminal 852
identification and investigation and the participating entity for 853
the purposes of licensure, certification, employment, or volunteer 854
service with the participating entity, and such information is 855
otherwise confidential and not a public record under section 856
149.43 of the Revised Code. 857

       (2) No person shall knowingly disseminate or use the 858
information contained in the retained applicant fingerprint 859
database for any purpose that is not authorized by law or by rules 860
adopted pursuant to this section. 861

       (3) No person shall knowingly use the information contained 862
in the retained applicant fingerprint database to harass or 863
intimidate another person. 864

       (F)(1) Any law enforcement official, or official employed by 865
the participating entity who receives notification under this 866
section, who disseminates, or fails to disseminate, information 867
contained in the retained applicant fingerprint database in good 868
faith compliance with the duties imposed by this section is immune 869
from civil liability relating to that dissemination or failure to 870
disseminate, unless the official's actions were manifestly outside 871
the scope of duties imposed by this section, or unless the 872
official acted with malicious purpose, in bad faith, or in a 873
wanton or reckless manner. 874

       (2) A participating entity shall not be found negligent per 875
se in a civil action for failure to submit an individual's 876
information or fingerprint impressions to the bureau of criminal 877
identification and investigation in accordance with this section. 878

       (G) The superintendent of the bureau of criminal 879
identification and investigation shall adopt rules in accordance 880
with Chapter 119. of the Revised Code necessary to carry out the 881
purposes of this section, including rules regarding all of the 882
following: 883

       (1) The establishment and maintenance of the retained 884
applicant fingerprint database; 885

       (2) The collection of fingerprint impressions and a 886
reasonable fee for utilizing the database; 887

       (3) The expungement of fingerprint impressions and other 888
personal information of individuals who are deceased or are no 889
longer licensed, certified, or employed by, or volunteer with, a 890
participating entity. 891

       Sec. 109.60. (A)(1) The sheriffs of the several counties and 892
the chiefs of police of cities, immediately upon the arrest of any 893
person for any felony, on suspicion of any felony, for a crime 894
constituting a misdemeanor on the first offense and a felony on 895
subsequent offenses, or for any misdemeanor described in division 896
(A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised Code, 897
and immediately upon the arrest or taking into custody of any 898
child under eighteen years of age for committing an act that would 899
be a felony or an offense of violence if committed by an adult or 900
upon probable cause to believe that a child of that age may have 901
committed an act that would be a felony or an offense of violence 902
if committed by an adult, shall take the person's or child's 903
fingerprints, or cause the same to be taken, according to the 904
fingerprint system of identification on the forms furnished by the 905
superintendent of the bureau of criminal identification and 906
investigation, and immediately shall forward copies of the 907
completed forms, any other description that may be required, and 908
the history of the offense committed to the bureau to be 909
classified and filed and to the clerk of the court having 910
jurisdiction over the prosecution of the offense or over the 911
adjudication relative to the act. 912

       (2) IfExcept as provided in division (B) of this section, if 913
a person or child has not been arrested and first appears before a 914
court or magistrate in response to a summons, or if a sheriff or 915
chief of police has not taken, or caused to be taken, a person's 916
or child's fingerprints in accordance with division (A)(1) of this 917
section by the time of the arraignment or first appearance of the 918
person or child, the court shall order the person or child to 919
appear before the sheriff or chief of police within twenty-four 920
hours to have the person's or child's fingerprints taken. The 921
sheriff or chief of police shall take the person's or child's 922
fingerprints, or cause the fingerprints to be taken, according to 923
the fingerprint system of identification on the forms furnished by 924
the superintendent of the bureau of criminal identification and 925
investigation and, immediately after the person's or child's 926
arraignment or first appearance, forward copies of the completed 927
forms, any other description that may be required, and the history 928
of the offense committed to the bureau to be classified and filed 929
and to the clerk of the court. 930

       (3) Every court with jurisdiction over a case involving a 931
person or child with respect to whom division (A)(1) or (2) of 932
this section requires a sheriff or chief of police to take the 933
person's or child's fingerprints shall inquire at the time of the 934
person's or child's sentencing or adjudication whether or not the 935
person or child has been fingerprinted pursuant to division (A)(1) 936
or (2) of this section for the original arrest upon which the 937
sentence or adjudication is based. If the person or child was not 938
fingerprinted for the original arrest or court appearance upon 939
which the sentence or adjudication is based, the court shall order 940
the person or child to appear before the sheriff or chief of 941
police within twenty-four hours to have the person's or child's 942
fingerprints taken. The sheriff or chief of police shall take the 943
person's or child's fingerprints, or cause the fingerprints to be 944
taken, according to the fingerprint system of identification on 945
the forms furnished by the superintendent of the bureau of 946
criminal identification and investigation and immediately forward 947
copies of the completed forms, any other description that may be 948
required, and the history of the offense committed to the bureau 949
to be classified and filed and to the clerk of the court. 950

       (4) If a person or child is in the custody of a law 951
enforcement agency or a detention facility, as defined in section 952
2921.01 of the Revised Code, and the chief law enforcement officer 953
or chief administrative officer of the detention facility 954
discovers that a warrant has been issued or a bill of information 955
has been filed alleging the person or child to have committed an 956
offense or act other than the offense or act for which the person 957
or child is in custody, and the other alleged offense or act is 958
one for which fingerprints are to be taken pursuant to division 959
(A)(1) of this section, the law enforcement agency or detention 960
facility shall take the fingerprints of the person or child, or 961
cause the fingerprints to be taken, according to the fingerprint 962
system of identification on the forms furnished by the 963
superintendent of the bureau of criminal identification and 964
investigation and immediately forward copies of the completed 965
forms, any other description that may be required, and the history 966
of the offense committed to the bureau to be classified and filed 967
and to the clerk of the court that issued the warrant or with 968
which the bill of information was filed. 969

       (5) If an accused is found not guilty of the offense charged 970
or a nolle prosequi is entered in any case, or if any accused 971
child under eighteen years of age is found not to be a delinquent 972
child for committing an act that would be a felony or an offense 973
of violence if committed by an adult or not guilty of the felony 974
or offense of violence charged or a nolle prosequi is entered in 975
that case, the fingerprints and description shall be given to the 976
accused upon the accused's request. 977

       (6) The superintendent shall compare the description received 978
with those already on file in the bureau, and, if the 979
superintendent finds that the person arrested or taken into 980
custody has a criminal record or a record as a delinquent child 981
for having committed an act that would be a felony or an offense 982
of violence if committed by an adult or is a fugitive from justice 983
or wanted by any jurisdiction in this or another state, the United 984
States, or a foreign country for any offense, the superintendent 985
at once shall inform the arresting officer, the officer taking the 986
person into custody, or the chief administrative officer of the 987
county, multicounty, municipal, municipal-county, or 988
multicounty-municipal jail or workhouse, community-based 989
correctional facility, halfway house, alternative residential 990
facility, or state correctional institution in which the person or 991
child is in custody of that fact and give appropriate notice to 992
the proper authorities in the jurisdiction in which the person is 993
wanted, or, if that jurisdiction is a foreign country, give 994
appropriate notice to federal authorities for transmission to the 995
foreign country. The names, under which each person whose 996
identification is filed is known, shall be alphabetically indexed 997
by the superintendent. 998

       (B) Division (A) of this section does not apply to a violator 999
of a city ordinance unless the officers have reason to believe 1000
that the violator is a past offender or the crime is one 1001
constituting a misdemeanor on the first offense and a felony on 1002
subsequent offenses, or unless it is advisable for the purpose of 1003
subsequent identification. This section does not apply to any 1004
child under eighteen years of age who was not arrested or 1005
otherwise taken into custody for committing an act that would be a 1006
felony or an offense of violence if committed by an adult or upon 1007
probable cause to believe that a child of that age may have 1008
committed an act that would be a felony or an offense of violence 1009
if committed by an adult, except as provided in section 2151.313 1010
of the Revised Code. 1011

       (C)(1) For purposes of division (C) of this section, a law 1012
enforcement agency shall be considered to have arrested a person 1013
if any law enforcement officer who is employed by, appointed by, 1014
or serves that agency arrests the person. As used in division (C) 1015
of this section: 1016

        (a) "Illegal methamphetamine manufacturing laboratory" has 1017
the same meaning as in section 3745.13 of the Revised Code. 1018

        (b) "Methamphetamine or a methamphetamine product" means 1019
methamphetamine, any salt, isomer, or salt of an isomer of 1020
methamphetamine, or any compound, mixture, preparation, or 1021
substance containing methamphetamine or any salt, isomer, or salt 1022
of an isomer of methamphetamine. 1023

        (2) Each law enforcement agency that, in any calendar year, 1024
arrests any person for a violation of section 2925.04 of the 1025
Revised Code that is based on the manufacture of methamphetamine 1026
or a methamphetamine product, a violation of section 2925.041 of 1027
the Revised Code that is based on the possession of chemicals 1028
sufficient to produce methamphetamine or a methamphetamine 1029
product, or a violation of any other provision of Chapter 2925. or 1030
3719. of the Revised Code that is based on the possession of 1031
chemicals sufficient to produce methamphetamine or a 1032
methamphetamine product shall prepare an annual report covering 1033
the calendar year that contains the information specified in 1034
division (C)(3) of this section relative to all arrests for 1035
violations of those sections committed under those circumstances 1036
during that calendar year and relative to illegal methamphetamine 1037
manufacturing laboratories, dump sites, and chemical caches as 1038
specified in that division and shall send the annual report, not 1039
later than the first day of March in the calendar year following 1040
the calendar year covered by the report, to the bureau of criminal 1041
identification and investigation. 1042

       The law enforcement agency shall write any annual report 1043
prepared and filed under this division on the standard forms 1044
furnished by the superintendent of the bureau of criminal 1045
identification and investigation pursuant to division (C)(4) of 1046
this section. The annual report shall be a statistical report, and 1047
nothing in the report or in the information it contains shall 1048
identify, or enable the identification of, any person who was 1049
arrested and whose arrest is included in the information contained 1050
in the report. The annual report in the possession of the bureau 1051
and the information it contains are public records for the purpose 1052
of section 149.43 of the Revised Code. 1053

        (3) The annual report prepared and filed by a law enforcement 1054
agency under division (C)(2) of this section shall contain all of 1055
the following information for the calendar year covered by the 1056
report: 1057

        (a) The total number of arrests made by the agency in that 1058
calendar year for a violation of section 2925.04 of the Revised 1059
Code that is based on the manufacture of methamphetamine or a 1060
methamphetamine product, a violation of section 2925.041 of the 1061
Revised Code that is based on the possession of chemicals 1062
sufficient to produce methamphetamine or a methamphetamine 1063
product, or a violation of any other provision of Chapter 2925. or 1064
3719. of the Revised Code that is based on the possession of 1065
chemicals sufficient to produce methamphetamine or a 1066
methamphetamine product; 1067

        (b) The total number of illegal methamphetamine manufacturing 1068
laboratories at which one or more of the arrests reported under 1069
division (C)(3)(a) of this section occurred, or that were 1070
discovered in that calendar year within the territory served by 1071
the agency but at which none of the arrests reported under 1072
division (C)(3)(a) of this section occurred; 1073

       (c) The total number of dump sites and chemical caches that 1074
are, or that are reasonably believed to be, related to illegal 1075
methamphetamine manufacturing and that were discovered in that 1076
calendar year within the territory served by the agency. 1077

        (4) The superintendent of the bureau of criminal 1078
identification and investigation shall prepare and furnish to each 1079
law enforcement agency in this state standard forms for making the 1080
annual reports required by division (C)(2) of this section. The 1081
standard forms that the superintendent prepares pursuant to this 1082
division may be in a tangible format, in an electronic format, or 1083
in both a tangible format and an electronic format. 1084

        (5) The annual report required by division (C)(2) of this 1085
section is separate from, and in addition to, any report, 1086
materials, or information required under division (A) of this 1087
section or under any other provision of sections 109.57 to 109.62 1088
of the Revised Code. 1089

       Sec. 109.99. (A) Whoever violates section 109.26 of the 1090
Revised Code shall be fined not less than five hundred nor more 1091
than ten thousand dollars or be imprisoned not less than one month 1092
nor more than one year, or both. 1093

       (B) Whoever violates division (G)(1) of section 109.573 of 1094
the Revised Code is guilty of unlawful disclosure of DNA database 1095
information, a misdemeanor of the first degree. 1096

       (C) Whoever violates division (G)(2) of section 109.573 of 1097
the Revised Code is guilty of unlawful possession of DNA database 1098
information, a misdemeanor of the first degree. 1099

       (D)(1) Whoever violates division (E)(2) of section 109.581 of 1100
the Revised Code is guilty of unlawful dissemination or use of 1101
retained applicant fingerprint database information, a misdemeanor 1102
of the fourth degree. 1103

       (2) Whoever violates division (E)(3) of section 109.581 of 1104
the Revised Code is guilty of harassment or intimidation using 1105
retained applicant fingerprint database information, as 1106
applicable, a misdemeanor of the first degree. 1107

       (E)(1) Whoever violates division (G)(1) of section 109.35 of 1108
the Revised Code is guilty of entering into a transaction 1109
involving a nonprofit health care entity without the approval of 1110
the attorney general, a felony of the third degree. 1111

       (2) Whoever violates division (G)(2) of section 109.35 of the 1112
Revised Code is guilty of receiving improper compensation relating 1113
to a transaction involving a nonprofit health care entity, a 1114
felony of the third degree. 1115

       Sec. 1901.43. (A) If a sheriff or chief of police has not 1116
taken, or caused to be taken, a person's or child's fingerprints 1117
in accordance with division (A)(1) of section 109.60 of the 1118
Revised Code with respect to a crime or act set forth in that 1119
division by the time of the arraignment or first appearance of the 1120
person or child with respect to that crime or act, the municipal 1121
court shall order the person or child to appear before the sheriff 1122
or chief of police within twenty-four hours of the arraignment or 1123
first appearance to have the person's or child's fingerprints 1124
taken as provided in division (A)(2) of section 109.60 of the 1125
Revised Code. 1126

       (B) If the municipal court has jurisdiction over a case 1127
involving a person or child with respect to whom division (A)(1) 1128
or (2) of section 109.60 of the Revised Code requires a sheriff or 1129
chief of police to take the person's or child's fingerprints, the 1130
municipal court shall inquire at the time of the person's or 1131
child's sentencing or adjudication for the crime or act for which 1132
the fingerprints were required to be taken whether or not the 1133
person or child has been fingerprinted pursuant to division (A)(1) 1134
or (2) of section 109.60 of the Revised Code for the original 1135
arrest or court appearance upon which the sentence or adjudication 1136
is based. If a person or child was not fingerprinted for the 1137
original arrest or court appearance, the municipal court shall 1138
order the person or child to appear before the sheriff or chief of 1139
police within twenty-four hours to have the person's or child's 1140
fingerprints taken as provided in division (A)(3) of section 1141
109.60 of the Revised Code. 1142

       Sec. 1907.181. (A) If a sheriff or chief of police has not 1143
taken, or caused to be taken, a person's or child's fingerprints 1144
in accordance with division (A)(1) of section 109.60 of the 1145
Revised Code with respect to a crime or act set forth in that 1146
division by the time of the arraignment or first appearance of the 1147
person or child with respect to that crime or act, the county 1148
court shall order the person or child to appear before the sheriff 1149
or chief of police within twenty-four hours of the arraignment or 1150
first appearance to have the person's or child's fingerprints 1151
taken as provided in division (A)(2) of section 109.60 of the 1152
Revised Code. 1153

       (B) If the county court has jurisdiction over a case 1154
involving a person or child with respect to whom division (A)(1) 1155
or (2) of section 109.60 of the Revised Code requires a sheriff or 1156
chief of police to take the person's or child's fingerprints, the 1157
county court shall inquire at the time of the person's or child's 1158
sentencing or adjudication for the crime or act for which the 1159
fingerprints were required to be taken whether or not the person 1160
or child has been fingerprinted pursuant to division (A)(1) or (2) 1161
of section 109.60 of the Revised Code for the original arrest or 1162
court appearance upon which the sentence or adjudication is based. 1163
If a person or child was not fingerprinted for the original arrest 1164
or court appearance, the county court shall order the person or 1165
child to appear before the sheriff or chief of police within 1166
twenty-four hours to have the person's or child's fingerprints 1167
taken as provided in division (A)(3) of section 109.60 of the 1168
Revised Code. 1169

       Sec. 2151.413. (A) A public children services agency or 1170
private child placing agency that, pursuant to an order of 1171
disposition under division (A)(2) of section 2151.353 of the 1172
Revised Code or under any version of section 2151.353 of the 1173
Revised Code that existed prior to January 1, 1989, is granted 1174
temporary custody of a child who is not abandoned or orphaned may 1175
file a motion in the court that made the disposition of the child 1176
requesting permanent custody of the child. 1177

       (B) A public children services agency or private child 1178
placing agency that, pursuant to an order of disposition under 1179
division (A)(2) of section 2151.353 of the Revised Code or under 1180
any version of section 2151.353 of the Revised Code that existed 1181
prior to January 1, 1989, is granted temporary custody of a child 1182
who is orphaned may file a motion in the court that made the 1183
disposition of the child requesting permanent custody of the child 1184
whenever it can show that no relative of the child is able to take 1185
legal custody of the child. 1186

       (C) A public children services agency or private child 1187
placing agency that, pursuant to an order of disposition under 1188
division (A)(5) of section 2151.353 of the Revised Code, places a 1189
child in a planned permanent living arrangement may file a motion 1190
in the court that made the disposition of the child requesting 1191
permanent custody of the child. 1192

       (D)(1) Except as provided in division (D)(3) of this section, 1193
if a child has been in the temporary custody of one or more public 1194
children services agencies or private child placing agencies for 1195
twelve or more months of a consecutive twenty-two-month period 1196
ending on or after March 18, 1999, the agency with custody shall 1197
file a motion requesting permanent custody of the child. If the 1198
child has been in the temporary custody of one or more public 1199
children services agencies or private child placing agencies and 1200
the child was previously in the temporary custody of an equivalent 1201
agency in another state on or after March 18, 1999, the agency 1202
with custody of the child shall apply the time in temporary 1203
custody in the other state to the time in temporary custody in 1204
this state and, except as provided in division (D)(3) of this 1205
section, if the time spent in temporary custody equals twelve or 1206
more months of a consecutive twenty-two-month period, the agency 1207
with custody may file a motion requesting permanent custody of the 1208
child. The motion shall be filed in the court that issued the 1209
current order of temporary custody. For the purposes of this 1210
division, a child shall be considered to have entered the 1211
temporary custody of an agency on the earlier of the date the 1212
child is adjudicated pursuant to section 2151.28 of the Revised 1213
Code or the date that is sixty days after the removal of the child 1214
from home. 1215

       (2) Except as provided in division (D)(3) of this section, if 1216
a court makes a determination pursuant to division (A)(2) of 1217
section 2151.419 of the Revised Code, the public children services 1218
agency or private child placing agency required to develop the 1219
permanency plan for the child under division (K) of section 1220
2151.417 of the Revised Code shall file a motion in the court that 1221
made the determination requesting permanent custody of the child. 1222

       (3) An agency shall not file a motion for permanent custody 1223
under division (D)(1) or (2) of this section if any of the 1224
following apply: 1225

       (a) The agency documents in the case plan or permanency plan 1226
a compelling reason that permanent custody is not in the best 1227
interest of the child. 1228

       (b) If reasonable efforts to return the child to the child's 1229
home are required under section 2151.419 of the Revised Code, the 1230
agency has not provided the services required by the case plan to 1231
the parents of the child or the child to ensure the safe return of 1232
the child to the child's home. 1233

       (c) The agency has been granted permanent custody of the 1234
child. 1235

       (d) The child has been returned home pursuant to court order 1236
in accordance with division (A)(3) of section 2151.419 of the 1237
Revised Code. 1238

       (E) Any agency that files a motion for permanent custody 1239
under this section shall include in the case plan of the child who 1240
is the subject of the motion, a specific plan of the agency's 1241
actions to seek an adoptive family for the child and to prepare 1242
the child for adoption. 1243

       (F) The department of job and family services may adopt rules 1244
pursuant to Chapter 119. of the Revised Code that set forth the 1245
time frames for case reviews and for filing a motion requesting 1246
permanent custody under division (D)(1) of this section. 1247

       Sec. 2151.414. (A)(1) Upon the filing of a motion pursuant 1248
to section 2151.413 of the Revised Code for permanent custody of a 1249
child, the court shall schedule a hearing and give notice of the 1250
filing of the motion and of the hearing, in accordance with 1251
section 2151.29 of the Revised Code, to all parties to the action 1252
and to the child's guardian ad litem. The notice also shall 1253
contain a full explanation that the granting of permanent custody 1254
permanently divests the parents of their parental rights, a full 1255
explanation of their right to be represented by counsel and to 1256
have counsel appointed pursuant to Chapter 120. of the Revised 1257
Code if they are indigent, and the name and telephone number of 1258
the court employee designated by the court pursuant to section 1259
2151.314 of the Revised Code to arrange for the prompt appointment 1260
of counsel for indigent persons. 1261

       The court shall conduct a hearing in accordance with section 1262
2151.35 of the Revised Code to determine if it is in the best 1263
interest of the child to permanently terminate parental rights and 1264
grant permanent custody to the agency that filed the motion. The 1265
adjudication that the child is an abused, neglected, or dependent 1266
child and any dispositional order that has been issued in the case 1267
under section 2151.353 of the Revised Code pursuant to the 1268
adjudication shall not be readjudicated at the hearing and shall 1269
not be affected by a denial of the motion for permanent custody. 1270

       (2) The court shall hold the hearing scheduled pursuant to 1271
division (A)(1) of this section not later than one hundred twenty 1272
days after the agency files the motion for permanent custody, 1273
except that, for good cause shown, the court may continue the 1274
hearing for a reasonable period of time beyond the 1275
one-hundred-twenty-day deadline. The court shall issue an order 1276
that grants, denies, or otherwise disposes of the motion for 1277
permanent custody, and journalize the order, not later than two 1278
hundred days after the agency files the motion. 1279

       If a motion is made under division (D)(2) of section 2151.413 1280
of the Revised Code and no dispositional hearing has been held in 1281
the case, the court may hear the motion in the dispositional 1282
hearing required by division (B) of section 2151.35 of the Revised 1283
Code. If the court issues an order pursuant to section 2151.353 of 1284
the Revised Code granting permanent custody of the child to the 1285
agency, the court shall immediately dismiss the motion made under 1286
division (D)(2) of section 2151.413 of the Revised Code. 1287

       The failure of the court to comply with the time periods set 1288
forth in division (A)(2) of this section does not affect the 1289
authority of the court to issue any order under this chapter and 1290
does not provide any basis for attacking the jurisdiction of the 1291
court or the validity of any order of the court. 1292

       (B)(1) Except as provided in division (B)(2) of this section, 1293
the court may grant permanent custody of a child to a movant if 1294
the court determines at the hearing held pursuant to division (A) 1295
of this section, by clear and convincing evidence, that it is in 1296
the best interest of the child to grant permanent custody of the 1297
child to the agency that filed the motion for permanent custody 1298
and that any of the following apply: 1299

       (a) The child is not abandoned or, orphaned or, has not been 1300
in the temporary custody of one or more public children services 1301
agencies or private child placing agencies for twelve or more 1302
months of a consecutive twenty-two-month period ending on or after 1303
March 18, 1999, or has not been in the temporary custody of one or 1304
more public children services agencies or private child placing 1305
agencies for twelve or more months of a consecutive 1306
twenty-two-month period if, as described in division (D)(1) of 1307
section 2151.413 of the Revised Code, the child was previously in 1308
the temporary custody of an equivalent agency in another state on 1309
or after March 18, 1999, and the child cannot be placed with 1310
either of the child's parents within a reasonable time or should 1311
not be placed with the child's parents. 1312

       (b) The child is abandoned. 1313

       (c) The child is orphaned, and there are no relatives of the 1314
child who are able to take permanent custody. 1315

       (d) The child has been in the temporary custody of one or 1316
more public children services agencies or private child placing 1317
agencies for twelve or more months of a consecutive 1318
twenty-two-month period ending on or after March 18, 1999, or the 1319
child has been in the temporary custody of one or more public 1320
children services agencies or private child placing agencies for 1321
twelve or more months of a consecutive twenty-two-month period 1322
and, as described in division (D)(1) of section 2151.413 of the 1323
Revised Code, the child was previously in the temporary custody of 1324
an equivalent agency in another state on or after March 18, 1999. 1325

       For the purposes of division (B)(1) of this section, a child 1326
shall be considered to have entered the temporary custody of an 1327
agency on the earlier of the date the child is adjudicated 1328
pursuant to section 2151.28 of the Revised Code or the date that 1329
is sixty days after the removal of the child from home. 1330

       (2) With respect to a motion made pursuant to division (D)(2) 1331
of section 2151.413 of the Revised Code, the court shall grant 1332
permanent custody of the child to the movant if the court 1333
determines in accordance with division (E) of this section that 1334
the child cannot be placed with one of the child's parents within 1335
a reasonable time or should not be placed with either parent and 1336
determines in accordance with division (D) of this section that 1337
permanent custody is in the child's best interest. 1338

       (C) In making the determinations required by this section or 1339
division (A)(4) of section 2151.353 of the Revised Code, a court 1340
shall not consider the effect the granting of permanent custody to 1341
the agency would have upon any parent of the child. A written 1342
report of the guardian ad litem of the child shall be submitted to 1343
the court prior to or at the time of the hearing held pursuant to 1344
division (A) of this section or section 2151.35 of the Revised 1345
Code but shall not be submitted under oath. 1346

       If the court grants permanent custody of a child to a movant 1347
under this division, the court, upon the request of any party, 1348
shall file a written opinion setting forth its findings of fact 1349
and conclusions of law in relation to the proceeding. The court 1350
shall not deny an agency's motion for permanent custody solely 1351
because the agency failed to implement any particular aspect of 1352
the child's case plan. 1353

       (D) In determining the best interest of a child at a hearing 1354
held pursuant to division (A) of this section or for the purposes 1355
of division (A)(4) or (5) of section 2151.353 or division (C) of 1356
section 2151.415 of the Revised Code, the court shall consider all 1357
relevant factors, including, but not limited to, the following: 1358

       (1) The interaction and interrelationship of the child with 1359
the child's parents, siblings, relatives, foster caregivers and 1360
out-of-home providers, and any other person who may significantly 1361
affect the child; 1362

       (2) The wishes of the child, as expressed directly by the 1363
child or through the child's guardian ad litem, with due regard 1364
for the maturity of the child; 1365

       (3) The custodial history of the child, including whether the 1366
child has been in the temporary custody of one or more public 1367
children services agencies or private child placing agencies for 1368
twelve or more months of a consecutive twenty-two-month period 1369
ending on or after March 18, 1999, or the child has been in the 1370
temporary custody of one or more public children services agencies 1371
or private child placing agencies for twelve or more months of a 1372
consecutive twenty-two-month period and, as described in division 1373
(D)(1) of section 2151.413 of the Revised Code, the child was 1374
previously in the temporary custody of an equivalent agency in 1375
another state on or after March 18, 1999; 1376

       (4) The child's need for a legally secure permanent placement 1377
and whether that type of placement can be achieved without a grant 1378
of permanent custody to the agency; 1379

       (5) Whether any of the factors in divisions (E)(7) to (11) of 1380
this section apply in relation to the parents and child. 1381

       For the purposes of this division, a child shall be 1382
considered to have entered the temporary custody of an agency on 1383
the earlier of the date the child is adjudicated pursuant to 1384
section 2151.28 of the Revised Code or the date that is sixty days 1385
after the removal of the child from home. 1386

       (E) In determining at a hearing held pursuant to division (A) 1387
of this section or for the purposes of division (A)(4) of section 1388
2151.353 of the Revised Code whether a child cannot be placed with 1389
either parent within a reasonable period of time or should not be 1390
placed with the parents, the court shall consider all relevant 1391
evidence. If the court determines, by clear and convincing 1392
evidence, at a hearing held pursuant to division (A) of this 1393
section or for the purposes of division (A)(4) of section 2151.353 1394
of the Revised Code that one or more of the following exist as to 1395
each of the child's parents, the court shall enter a finding that 1396
the child cannot be placed with either parent within a reasonable 1397
time or should not be placed with either parent: 1398

       (1) Following the placement of the child outside the child's 1399
home and notwithstanding reasonable case planning and diligent 1400
efforts by the agency to assist the parents to remedy the problems 1401
that initially caused the child to be placed outside the home, the 1402
parent has failed continuously and repeatedly to substantially 1403
remedy the conditions causing the child to be placed outside the 1404
child's home. In determining whether the parents have 1405
substantially remedied those conditions, the court shall consider 1406
parental utilization of medical, psychiatric, psychological, and 1407
other social and rehabilitative services and material resources 1408
that were made available to the parents for the purpose of 1409
changing parental conduct to allow them to resume and maintain 1410
parental duties. 1411

       (2) Chronic mental illness, chronic emotional illness, mental 1412
retardation, physical disability, or chemical dependency of the 1413
parent that is so severe that it makes the parent unable to 1414
provide an adequate permanent home for the child at the present 1415
time and, as anticipated, within one year after the court holds 1416
the hearing pursuant to division (A) of this section or for the 1417
purposes of division (A)(4) of section 2151.353 of the Revised 1418
Code; 1419

       (3) The parent committed any abuse as described in section 1420
2151.031 of the Revised Code against the child, caused the child 1421
to suffer any neglect as described in section 2151.03 of the 1422
Revised Code, or allowed the child to suffer any neglect as 1423
described in section 2151.03 of the Revised Code between the date 1424
that the original complaint alleging abuse or neglect was filed 1425
and the date of the filing of the motion for permanent custody; 1426

       (4) The parent has demonstrated a lack of commitment toward 1427
the child by failing to regularly support, visit, or communicate 1428
with the child when able to do so, or by other actions showing an 1429
unwillingness to provide an adequate permanent home for the child; 1430

       (5) The parent is incarcerated for an offense committed 1431
against the child or a sibling of the child; 1432

       (6) The parent has been convicted of or pleaded guilty to an 1433
offense under division (A) or (C) of section 2919.22 or under 1434
section 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.03, 1435
2905.04, 2905.05, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 1436
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 1437
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.24, 1438
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, or 3716.11 of the 1439
Revised Code and the child or a sibling of the child was a victim 1440
of the offense or the parent has been convicted of or pleaded 1441
guilty to an offense under section 2903.04 of the Revised Code, a 1442
sibling of the child was the victim of the offense, and the parent 1443
who committed the offense poses an ongoing danger to the child or 1444
a sibling of the child. 1445

       (7) The parent has been convicted of or pleaded guilty to one 1446
of the following: 1447

       (a) An offense under section 2903.01, 2903.02, or 2903.03 of 1448
the Revised Code or under an existing or former law of this state, 1449
any other state, or the United States that is substantially 1450
equivalent to an offense described in those sections and the 1451
victim of the offense was a sibling of the child or the victim was 1452
another child who lived in the parent's household at the time of 1453
the offense; 1454

       (b) An offense under section 2903.11, 2903.12, or 2903.13 of 1455
the Revised Code or under an existing or former law of this state, 1456
any other state, or the United States that is substantially 1457
equivalent to an offense described in those sections and the 1458
victim of the offense is the child, a sibling of the child, or 1459
another child who lived in the parent's household at the time of 1460
the offense; 1461

       (c) An offense under division (B)(2) of section 2919.22 of 1462
the Revised Code or under an existing or former law of this state, 1463
any other state, or the United States that is substantially 1464
equivalent to the offense described in that section and the child, 1465
a sibling of the child, or another child who lived in the parent's 1466
household at the time of the offense is the victim of the offense; 1467

       (d) An offense under section 2907.02, 2907.03, 2907.04, 1468
2907.05, or 2907.06 of the Revised Code or under an existing or 1469
former law of this state, any other state, or the United States 1470
that is substantially equivalent to an offense described in those 1471
sections and the victim of the offense is the child, a sibling of 1472
the child, or another child who lived in the parent's household at 1473
the time of the offense; 1474

       (e) A conspiracy or attempt to commit, or complicity in 1475
committing, an offense described in division (E)(7)(a) or (d) of 1476
this section. 1477

       (8) The parent has repeatedly withheld medical treatment or 1478
food from the child when the parent has the means to provide the 1479
treatment or food, and, in the case of withheld medical treatment, 1480
the parent withheld it for a purpose other than to treat the 1481
physical or mental illness or defect of the child by spiritual 1482
means through prayer alone in accordance with the tenets of a 1483
recognized religious body. 1484

       (9) The parent has placed the child at substantial risk of 1485
harm two or more times due to alcohol or drug abuse and has 1486
rejected treatment two or more times or refused to participate in 1487
further treatment two or more times after a case plan issued 1488
pursuant to section 2151.412 of the Revised Code requiring 1489
treatment of the parent was journalized as part of a dispositional 1490
order issued with respect to the child or an order was issued by 1491
any other court requiring treatment of the parent. 1492

       (10) The parent has abandoned the child. 1493

       (11) The parent has had parental rights involuntarily 1494
terminated ~~pursuant to this section or section 2151.353 or~~ 1495
~~2151.415 of the Revised Code~~ with respect to a sibling of the 1496
child pursuant to this section or section 2151.353 or 2151.415 of 1497
the Revised Code, or under an existing or former law of this 1498
state, any other state, or the United States that is substantially 1499
equivalent to those sections. 1500

       (12) The parent is incarcerated at the time of the filing of 1501
the motion for permanent custody or the dispositional hearing of 1502
the child and will not be available to care for the child for at 1503
least eighteen months after the filing of the motion for permanent 1504
custody or the dispositional hearing. 1505

       (13) The parent is repeatedly incarcerated, and the repeated 1506
incarceration prevents the parent from providing care for the 1507
child. 1508

       (14) The parent for any reason is unwilling to provide food, 1509
clothing, shelter, and other basic necessities for the child or to 1510
prevent the child from suffering physical, emotional, or sexual 1511
abuse or physical, emotional, or mental neglect. 1512

       (15) The parent has committed abuse as described in section 1513
2151.031 of the Revised Code against the child or caused or 1514
allowed the child to suffer neglect as described in section 1515
2151.03 of the Revised Code, and the court determines that the 1516
seriousness, nature, or likelihood of recurrence of the abuse or 1517
neglect makes the child's placement with the child's parent a 1518
threat to the child's safety. 1519

       (16) Any other factor the court considers relevant. 1520

       (F) The parents of a child for whom the court has issued an 1521
order granting permanent custody pursuant to this section, upon 1522
the issuance of the order, cease to be parties to the action. This 1523
division is not intended to eliminate or restrict any right of the 1524
parents to appeal the granting of permanent custody of their child 1525
to a movant pursuant to this section. 1526

       Sec. 2151.419. (A)(1) Except as provided in division (A)(2) 1527
of this section, at any hearing held pursuant to section 2151.28, 1528
division (E) of section 2151.31, or section 2151.314, 2151.33, or 1529
2151.353 of the Revised Code at which the court removes a child 1530
from the child's home or continues the removal of a child from the 1531
child's home, the court shall determine whether the public 1532
children services agency or private child placing agency that 1533
filed the complaint in the case, removed the child from home, has 1534
custody of the child, or will be given custody of the child has 1535
made reasonable efforts to prevent the removal of the child from 1536
the child's home, to eliminate the continued removal of the child 1537
from the child's home, or to make it possible for the child to 1538
return safely home. The agency shall have the burden of proving 1539
that it has made those reasonable efforts. If the agency removed 1540
the child from home during an emergency in which the child could 1541
not safely remain at home and the agency did not have prior 1542
contact with the child, the court is not prohibited, solely 1543
because the agency did not make reasonable efforts during the 1544
emergency to prevent the removal of the child, from determining 1545
that the agency made those reasonable efforts. In determining 1546
whether reasonable efforts were made, the child's health and 1547
safety shall be paramount. 1548

       (2) If any of the following apply, the court shall make a 1549
determination that the agency is not required to make reasonable 1550
efforts to prevent the removal of the child from the child's home, 1551
eliminate the continued removal of the child from the child's 1552
home, and return the child to the child's home: 1553

       (a) The parent from whom the child was removed has been 1554
convicted of or pleaded guilty to one of the following: 1555

       (i) An offense under section 2903.01, 2903.02, or 2903.03 of 1556
the Revised Code or under an existing or former law of this state, 1557
any other state, or the United States that is substantially 1558
equivalent to an offense described in those sections and the 1559
victim of the offense was a sibling of the child or the victim was 1560
another child who lived in the parent's household at the time of 1561
the offense; 1562

       (ii) An offense under section 2903.11, 2903.12, or 2903.13 of 1563
the Revised Code or under an existing or former law of this state, 1564
any other state, or the United States that is substantially 1565
equivalent to an offense described in those sections and the 1566
victim of the offense is the child, a sibling of the child, or 1567
another child who lived in the parent's household at the time of 1568
the offense; 1569

       (iii) An offense under division (B)(2) of section 2919.22 of 1570
the Revised Code or under an existing or former law of this state, 1571
any other state, or the United States that is substantially 1572
equivalent to the offense described in that section and the child, 1573
a sibling of the child, or another child who lived in the parent's 1574
household at the time of the offense is the victim of the offense; 1575

       (iv) An offense under section 2907.02, 2907.03, 2907.04, 1576
2907.05, or 2907.06 of the Revised Code or under an existing or 1577
former law of this state, any other state, or the United States 1578
that is substantially equivalent to an offense described in those 1579
sections and the victim of the offense is the child, a sibling of 1580
the child, or another child who lived in the parent's household at 1581
the time of the offense; 1582

       (v) A conspiracy or attempt to commit, or complicity in 1583
committing, an offense described in division (A)(2)(a)(i) or (iv) 1584
of this section. 1585

       (b) The parent from whom the child was removed has repeatedly 1586
withheld medical treatment or food from the child when the parent 1587
has the means to provide the treatment or food. If the parent has 1588
withheld medical treatment in order to treat the physical or 1589
mental illness or defect of the child by spiritual means through 1590
prayer alone, in accordance with the tenets of a recognized 1591
religious body, the court or agency shall comply with the 1592
requirements of division (A)(1) of this section. 1593

       (c) The parent from whom the child was removed has placed the 1594
child at substantial risk of harm two or more times due to alcohol 1595
or drug abuse and has rejected treatment two or more times or 1596
refused to participate in further treatment two or more times 1597
after a case plan issued pursuant to section 2151.412 of the 1598
Revised Code requiring treatment of the parent was journalized as 1599
part of a dispositional order issued with respect to the child or 1600
an order was issued by any other court requiring such treatment of 1601
the parent. 1602

       (d) The parent from whom the child was removed has abandoned 1603
the child. 1604

       (e) The parent from whom the child was removed has had 1605
parental rights involuntarily terminated ~~pursuant to section~~ 1606
~~2151.353, 2151.414, or 2151.415 of the Revised Code~~ with respect 1607
to a sibling of the child pursuant to section 2151.353, 2151.414, 1608
or 2151.415 of the Revised Code, or under an existing or former 1609
law of this state, any other state, or the United States that is 1610
substantially equivalent to those sections. 1611

       (3) At any hearing in which the court determines whether to 1612
return a child to the child's home, the court may issue an order 1613
that returns the child in situations in which the conditions 1614
described in divisions (A)(2)(a) to (e) of this section are 1615
present. 1616

       (B)(1) A court that is required to make a determination as 1617
described in division (A)(1) or (2) of this section shall issue 1618
written findings of fact setting forth the reasons supporting its 1619
determination. If the court makes a written determination under 1620
division (A)(1) of this section, it shall briefly describe in the 1621
findings of fact the relevant services provided by the agency to 1622
the family of the child and why those services did not prevent the 1623
removal of the child from the child's home or enable the child to 1624
return safely home. 1625

       (2) If a court issues an order that returns the child to the 1626
child's home in situations in which division (A)(2)(a), (b), (c), 1627
(d), or (e) of this section applies, the court shall issue written 1628
findings of fact setting forth the reasons supporting its 1629
determination. 1630

       (C) If the court makes a determination pursuant to division 1631
(A)(2) of this section, the court shall conduct a review hearing 1632
pursuant to section 2151.417 of the Revised Code to approve a 1633
permanency plan with respect to the child, unless the court issues 1634
an order returning the child home pursuant to division (A)(3) of 1635
this section. The hearing to approve the permanency plan may be 1636
held immediately following the court's determination pursuant to 1637
division (A)(2) of this section and shall be held no later than 1638
thirty days following that determination. 1639

       Sec. 2151.421. (A)(1)(a) No person described in division 1640
(A)(1)(b) of this section who is acting in an official or 1641
professional capacity and knows, or has reasonable cause to 1642
suspect based on facts that would cause a reasonable person in a 1643
similar position to suspect, that a child under eighteen years of 1644
age or a mentally retarded, developmentally disabled, or 1645
physically impaired child under twenty-one years of age has 1646
suffered or faces a threat of suffering any physical or mental 1647
wound, injury, disability, or condition of a nature that 1648
reasonably indicates abuse or neglect of the child shall fail to 1649
immediately report that knowledge or reasonable cause to suspect 1650
to the entity or persons specified in this division. Except as 1651
provided in section 5120.173 of the Revised Code, the person 1652
making the report shall make it to the public children services 1653
agency or a municipal or county peace officer in the county in 1654
which the child resides or in which the abuse or neglect is 1655
occurring or has occurred. In the circumstances described in 1656
section 5120.173 of the Revised Code, the person making the report 1657
shall make it to the entity specified in that section. 1658

       (b) Division (A)(1)(a) of this section applies to any person 1659
who is an attorney; physician, including a hospital intern or 1660
resident; dentist; podiatrist; practitioner of a limited branch of 1661
medicine as specified in section 4731.15 of the Revised Code; 1662
registered nurse; licensed practical nurse; visiting nurse; other 1663
health care professional; licensed psychologist; licensed school 1664
psychologist; independent marriage and family therapist or 1665
marriage and family therapist; speech pathologist or audiologist; 1666
coroner; administrator or employee of a child day-care center; 1667
administrator or employee of a residential camp or child day camp; 1668
administrator or employee of a certified child care agency or 1669
other public or private children services agency; school teacher; 1670
school employee; school authority; person engaged in social work 1671
or the practice of professional counseling; agent of a county 1672
humane society; person, other than a cleric, rendering spiritual 1673
treatment through prayer in accordance with the tenets of a 1674
well-recognized religion; superintendent, board member, or 1675
employee of a county board of mental retardation; investigative 1676
agent contracted with by a county board of mental retardation; 1677
employee of the department of mental retardation and developmental 1678
disabilities; employee of a facility or home that provides respite 1679
care in accordance with section 5123.171 of the Revised Code; 1680
employee of a home health agency; employee of an entity that 1681
provides homemaker services; a person performing the duties of an 1682
assessor pursuant to Chapter 3107. or 5103. of the Revised Code; 1683
or third party employed by a public children services agency to 1684
assist in providing child or family related services. 1685

       (2) Except as provided in division (A)(3) of this section, an 1686
attorney or a physician is not required to make a report pursuant 1687
to division (A)(1) of this section concerning any communication 1688
the attorney or physician receives from a client or patient in an 1689
attorney-client or physician-patient relationship, if, in 1690
accordance with division (A) or (B) of section 2317.02 of the 1691
Revised Code, the attorney or physician could not testify with 1692
respect to that communication in a civil or criminal proceeding. 1693

       (3) The client or patient in an attorney-client or 1694
physician-patient relationship described in division (A)(2) of 1695
this section is deemed to have waived any testimonial privilege 1696
under division (A) or (B) of section 2317.02 of the Revised Code 1697
with respect to any communication the attorney or physician 1698
receives from the client or patient in that attorney-client or 1699
physician-patient relationship, and the attorney or physician 1700
shall make a report pursuant to division (A)(1) of this section 1701
with respect to that communication, if all of the following apply: 1702

       (a) The client or patient, at the time of the communication, 1703
is either a child under eighteen years of age or a mentally 1704
retarded, developmentally disabled, or physically impaired person 1705
under twenty-one years of age. 1706

       (b) The attorney or physician knows, or has reasonable cause 1707
to suspect based on facts that would cause a reasonable person in 1708
similar position to suspect, as a result of the communication or 1709
any observations made during that communication, that the client 1710
or patient has suffered or faces a threat of suffering any 1711
physical or mental wound, injury, disability, or condition of a 1712
nature that reasonably indicates abuse or neglect of the client or 1713
patient. 1714

       (c) The abuse or neglect does not arise out of the client's 1715
or patient's attempt to have an abortion without the notification 1716
of her parents, guardian, or custodian in accordance with section 1717
2151.85 of the Revised Code. 1718

       (4)(a) No cleric and no person, other than a volunteer, 1719
designated by any church, religious society, or faith acting as a 1720
leader, official, or delegate on behalf of the church, religious 1721
society, or faith who is acting in an official or professional 1722
capacity, who knows, or has reasonable cause to believe based on 1723
facts that would cause a reasonable person in a similar position 1724
to believe, that a child under eighteen years of age or a mentally 1725
retarded, developmentally disabled, or physically impaired child 1726
under twenty-one years of age has suffered or faces a threat of 1727
suffering any physical or mental wound, injury, disability, or 1728
condition of a nature that reasonably indicates abuse or neglect 1729
of the child, and who knows, or has reasonable cause to believe 1730
based on facts that would cause a reasonable person in a similar 1731
position to believe, that another cleric or another person, other 1732
than a volunteer, designated by a church, religious society, or 1733
faith acting as a leader, official, or delegate on behalf of the 1734
church, religious society, or faith caused, or poses the threat of 1735
causing, the wound, injury, disability, or condition that 1736
reasonably indicates abuse or neglect shall fail to immediately 1737
report that knowledge or reasonable cause to believe to the entity 1738
or persons specified in this division. Except as provided in 1739
section 5120.173 of the Revised Code, the person making the report 1740
shall make it to the public children services agency or a 1741
municipal or county peace officer in the county in which the child 1742
resides or in which the abuse or neglect is occurring or has 1743
occurred. In the circumstances described in section 5120.173 of 1744
the Revised Code, the person making the report shall make it to 1745
the entity specified in that section. 1746

        (b) Except as provided in division (A)(4)(c) of this section, 1747
a cleric is not required to make a report pursuant to division 1748
(A)(4)(a) of this section concerning any communication the cleric 1749
receives from a penitent in a cleric-penitent relationship, if, in 1750
accordance with division (C) of section 2317.02 of the Revised 1751
Code, the cleric could not testify with respect to that 1752
communication in a civil or criminal proceeding. 1753

        (c) The penitent in a cleric-penitent relationship described 1754
in division (A)(4)(b) of this section is deemed to have waived any 1755
testimonial privilege under division (C) of section 2317.02 of the 1756
Revised Code with respect to any communication the cleric receives 1757
from the penitent in that cleric-penitent relationship, and the 1758
cleric shall make a report pursuant to division (A)(4)(a) of this 1759
section with respect to that communication, if all of the 1760
following apply: 1761

        (i) The penitent, at the time of the communication, is either 1762
a child under eighteen years of age or a mentally retarded, 1763
developmentally disabled, or physically impaired person under 1764
twenty-one years of age. 1765

        (ii) The cleric knows, or has reasonable cause to believe 1766
based on facts that would cause a reasonable person in a similar 1767
position to believe, as a result of the communication or any 1768
observations made during that communication, the penitent has 1769
suffered or faces a threat of suffering any physical or mental 1770
wound, injury, disability, or condition of a nature that 1771
reasonably indicates abuse or neglect of the penitent. 1772

        (iii) The abuse or neglect does not arise out of the 1773
penitent's attempt to have an abortion performed upon a child 1774
under eighteen years of age or upon a mentally retarded, 1775
developmentally disabled, or physically impaired person under 1776
twenty-one years of age without the notification of her parents, 1777
guardian, or custodian in accordance with section 2151.85 of the 1778
Revised Code. 1779

       (d) Divisions (A)(4)(a) and (c) of this section do not apply 1780
in a cleric-penitent relationship when the disclosure of any 1781
communication the cleric receives from the penitent is in 1782
violation of the sacred trust. 1783

        (e) As used in divisions (A)(1) and (4) of this section, 1784
"cleric" and "sacred trust" have the same meanings as in section 1785
2317.02 of the Revised Code. 1786

       (B) Anyone who knows, or has reasonable cause to suspect 1787
based on facts that would cause a reasonable person in similar 1788
circumstances to suspect, that a child under eighteen years of age 1789
or a mentally retarded, developmentally disabled, or physically 1790
impaired person under twenty-one years of age has suffered or 1791
faces a threat of suffering any physical or mental wound, injury, 1792
disability, or other condition of a nature that reasonably 1793
indicates abuse or neglect of the child may report or cause 1794
reports to be made of that knowledge or reasonable cause to 1795
suspect to the entity or persons specified in this division. 1796
Except as provided in section 5120.173 of the Revised Code, a 1797
person making a report or causing a report to be made under this 1798
division shall make it or cause it to be made to the public 1799
children services agency or to a municipal or county peace 1800
officer. In the circumstances described in section 5120.173 of the 1801
Revised Code, a person making a report or causing a report to be 1802
made under this division shall make it or cause it to be made to 1803
the entity specified in that section. 1804

       (C) Any report made pursuant to division (A) or (B) of this 1805
section shall be made forthwith either by telephone or in person 1806
and shall be followed by a written report, if requested by the 1807
receiving agency or officer. The written report shall contain: 1808

       (1) The names and addresses of the child and the child's 1809
parents or the person or persons having custody of the child, if 1810
known; 1811

       (2) The child's age and the nature and extent of the child's 1812
injuries, abuse, or neglect that is known or reasonably suspected 1813
or believed, as applicable, to have occurred or of the threat of 1814
injury, abuse, or neglect that is known or reasonably suspected or 1815
believed, as applicable, to exist, including any evidence of 1816
previous injuries, abuse, or neglect; 1817

       (3) Any other information that might be helpful in 1818
establishing the cause of the injury, abuse, or neglect that is 1819
known or reasonably suspected or believed, as applicable, to have 1820
occurred or of the threat of injury, abuse, or neglect that is 1821
known or reasonably suspected or believed, as applicable, to 1822
exist. 1823

       Any person, who is required by division (A) of this section 1824
to report child abuse or child neglect that is known or reasonably 1825
suspected or believed to have occurred, may take or cause to be 1826
taken color photographs of areas of trauma visible on a child and, 1827
if medically indicated, cause to be performed radiological 1828
examinations of the child. 1829

       (D) As used in this division, "children's advocacy center" 1830
and "sexual abuse of a child" have the same meanings as in section 1831
2151.425 of the Revised Code. 1832

       (1) When a municipal or county peace officer receives a 1833
report concerning the possible abuse or neglect of a child or the 1834
possible threat of abuse or neglect of a child, upon receipt of 1835
the report, the municipal or county peace officer who receives the 1836
report shall refer the report to the appropriate public children 1837
services agency. 1838

       (2) When a public children services agency receives a report 1839
pursuant to this division or division (A) or (B) of this section, 1840
upon receipt of the report, the public children services agency 1841
shall do both of the following: 1842

       (a) Comply with section 2151.422 of the Revised Code; 1843

       (b) If the county served by the agency is also served by a 1844
children's advocacy center and the report alleges sexual abuse of 1845
a child or another type of abuse of a child that is specified in 1846
the memorandum of understanding that creates the center as being 1847
within the center's jurisdiction, comply regarding the report with 1848
the protocol and procedures for referrals and investigations, with 1849
the coordinating activities, and with the authority or 1850
responsibility for performing or providing functions, activities, 1851
and services stipulated in the interagency agreement entered into 1852
under section 2151.428 of the Revised Code relative to that 1853
center. 1854

       (E) No township, municipal, or county peace officer shall 1855
remove a child about whom a report is made pursuant to this 1856
section from the child's parents, stepparents, or guardian or any 1857
other persons having custody of the child without consultation 1858
with the public children services agency, unless, in the judgment 1859
of the officer, and, if the report was made by physician, the 1860
physician, immediate removal is considered essential to protect 1861
the child from further abuse or neglect. The agency that must be 1862
consulted shall be the agency conducting the investigation of the 1863
report as determined pursuant to section 2151.422 of the Revised 1864
Code. 1865

       (F)(1) Except as provided in section 2151.422 of the Revised 1866
Code or in an interagency agreement entered into under section 1867
2151.428 of the Revised Code that applies to the particular 1868
report, the public children services agency shall investigate, 1869
within twenty-four hours, each report of child abuse or child 1870
neglect that is known or reasonably suspected or believed to have 1871
occurred and of a threat of child abuse or child neglect that is 1872
known or reasonably suspected or believed to exist that is 1873
referred to it under this section to determine the circumstances 1874
surrounding the injuries, abuse, or neglect or the threat of 1875
injury, abuse, or neglect, the cause of the injuries, abuse, 1876
neglect, or threat, and the person or persons responsible. The 1877
investigation shall be made in cooperation with the law 1878
enforcement agency and in accordance with the memorandum of 1879
understanding prepared under division (J) of this section. A 1880
representative of the public children services agency shall, at 1881
the time of initial contact with the person subject to the 1882
investigation, inform the person of the specific complaints or 1883
allegations made against the person. The information shall be 1884
given in a manner that is consistent with division (H)(1) of this 1885
section and protects the rights of the person making the report 1886
under this section. 1887

        A failure to make the investigation in accordance with the 1888
memorandum is not grounds for, and shall not result in, the 1889
dismissal of any charges or complaint arising from the report or 1890
the suppression of any evidence obtained as a result of the report 1891
and does not give, and shall not be construed as giving, any 1892
rights or any grounds for appeal or post-conviction relief to any 1893
person. The public children services agency shall report each case 1894
to the uniform statewide automated child welfare information 1895
system that the department of job and family services shall 1896
maintain in accordance with section 5101.13 of the Revised Code. 1897
The public children services agency shall submit a report of its 1898
investigation, in writing, to the law enforcement agency. 1899

       (2) The public children services agency shall make any 1900
recommendations to the county prosecuting attorney or city 1901
director of law that it considers necessary to protect any 1902
children that are brought to its attention. 1903

       (G)(1)(a) Except as provided in division (H)(3) of this 1904
section, anyone or any hospital, institution, school, health 1905
department, or agency participating in the making of reports under 1906
division (A) of this section, anyone or any hospital, institution, 1907
school, health department, or agency participating in good faith 1908
in the making of reports under division (B) of this section, and 1909
anyone participating in good faith in a judicial proceeding 1910
resulting from the reports, shall be immune from any civil or 1911
criminal liability for injury, death, or loss to person or 1912
property that otherwise might be incurred or imposed as a result 1913
of the making of the reports or the participation in the judicial 1914
proceeding. 1915

       (b) Notwithstanding section 4731.22 of the Revised Code, the 1916
physician-patient privilege shall not be a ground for excluding 1917
evidence regarding a child's injuries, abuse, or neglect, or the 1918
cause of the injuries, abuse, or neglect in any judicial 1919
proceeding resulting from a report submitted pursuant to this 1920
section. 1921

       (2) In any civil or criminal action or proceeding in which it 1922
is alleged and proved that participation in the making of a report 1923
under this section was not in good faith or participation in a 1924
judicial proceeding resulting from a report made under this 1925
section was not in good faith, the court shall award the 1926
prevailing party reasonable attorney's fees and costs and, if a 1927
civil action or proceeding is voluntarily dismissed, may award 1928
reasonable attorney's fees and costs to the party against whom the 1929
civil action or proceeding is brought. 1930

       (H)(1) Except as provided in divisions (H)(4) and (M) of this 1931
section, a report made under this section is confidential. The 1932
information provided in a report made pursuant to this section and 1933
the name of the person who made the report shall not be released 1934
for use, and shall not be used, as evidence in any civil action or 1935
proceeding brought against the person who made the report. In a 1936
criminal proceeding, the report is admissible in evidence in 1937
accordance with the Rules of Evidence and is subject to discovery 1938
in accordance with the Rules of Criminal Procedure. 1939

       (2) No person shall permit or encourage the unauthorized 1940
dissemination of the contents of any report made under this 1941
section. 1942

       (3) A person who knowingly makes or causes another person to 1943
make a false report under division (B) of this section that 1944
alleges that any person has committed an act or omission that 1945
resulted in a child being an abused child or a neglected child is 1946
guilty of a violation of section 2921.14 of the Revised Code. 1947

       (4) If a report is made pursuant to division (A) or (B) of 1948
this section and the child who is the subject of the report dies 1949
for any reason at any time after the report is made, but before 1950
the child attains eighteen years of age, the public children 1951
services agency or municipal or county peace officer to which the 1952
report was made or referred, on the request of the child fatality 1953
review board, shall submit a summary sheet of information 1954
providing a summary of the report to the review board of the 1955
county in which the deceased child resided at the time of death. 1956
On the request of the review board, the agency or peace officer 1957
may, at its discretion, make the report available to the review 1958
board. If the county served by the public children services agency 1959
is also served by a children's advocacy center and the report of 1960
alleged sexual abuse of a child or another type of abuse of a 1961
child is specified in the memorandum of understanding that creates 1962
the center as being within the center's jurisdiction, the agency 1963
or center shall perform the duties and functions specified in this 1964
division in accordance with the interagency agreement entered into 1965
under section 2151.428 of the Revised Code relative to that 1966
advocacy center. 1967

       (5) A public children services agency shall advise a person 1968
alleged to have inflicted abuse or neglect on a child who is the 1969
subject of a report made pursuant to this section, including a 1970
report alleging sexual abuse of a child or another type of abuse 1971
of a child referred to a children's advocacy center pursuant to an 1972
interagency agreement entered into under section 2151.428 of the 1973
Revised Code, in writing of the disposition of the investigation. 1974
The agency shall not provide to the person any information that 1975
identifies the person who made the report, statements of 1976
witnesses, or police or other investigative reports. 1977

       (I) Any report that is required by this section, other than a 1978
report that is made to the state highway patrol as described in 1979
section 5120.173 of the Revised Code, shall result in protective 1980
services and emergency supportive services being made available by 1981
the public children services agency on behalf of the children 1982
about whom the report is made, in an effort to prevent further 1983
neglect or abuse, to enhance their welfare, and, whenever 1984
possible, to preserve the family unit intact. The agency required 1985
to provide the services shall be the agency conducting the 1986
investigation of the report pursuant to section 2151.422 of the 1987
Revised Code. 1988

       (J)(1) Each public children services agency shall prepare a 1989
memorandum of understanding that is signed by all of the 1990
following: 1991

       (a) If there is only one juvenile judge in the county, the 1992
juvenile judge of the county or the juvenile judge's 1993
representative; 1994

       (b) If there is more than one juvenile judge in the county, a 1995
juvenile judge or the juvenile judges' representative selected by 1996
the juvenile judges or, if they are unable to do so for any 1997
reason, the juvenile judge who is senior in point of service or 1998
the senior juvenile judge's representative; 1999

       (c) The county peace officer; 2000

       (d) All chief municipal peace officers within the county; 2001

       (e) Other law enforcement officers handling child abuse and 2002
neglect cases in the county; 2003

       (f) The prosecuting attorney of the county; 2004

       (g) If the public children services agency is not the county 2005
department of job and family services, the county department of 2006
job and family services; 2007

       (h) The county humane society; 2008

       (i) If the public children services agency participated in 2009
the execution of a memorandum of understanding under section 2010
2151.426 of the Revised Code establishing a children's advocacy 2011
center, each participating member of the children's advocacy 2012
center established by the memorandum. 2013

       (2) A memorandum of understanding shall set forth the normal 2014
operating procedure to be employed by all concerned officials in 2015
the execution of their respective responsibilities under this 2016
section and division (C) of section 2919.21, division (B)(1) of 2017
section 2919.22, division (B) of section 2919.23, and section 2018
2919.24 of the Revised Code and shall have as two of its primary 2019
goals the elimination of all unnecessary interviews of children 2020
who are the subject of reports made pursuant to division (A) or 2021
(B) of this section and, when feasible, providing for only one 2022
interview of a child who is the subject of any report made 2023
pursuant to division (A) or (B) of this section. A failure to 2024
follow the procedure set forth in the memorandum by the concerned 2025
officials is not grounds for, and shall not result in, the 2026
dismissal of any charges or complaint arising from any reported 2027
case of abuse or neglect or the suppression of any evidence 2028
obtained as a result of any reported child abuse or child neglect 2029
and does not give, and shall not be construed as giving, any 2030
rights or any grounds for appeal or post-conviction relief to any 2031
person. 2032

       (3) A memorandum of understanding shall include all of the 2033
following: 2034

       (a) The roles and responsibilities for handling emergency and 2035
nonemergency cases of abuse and neglect; 2036

       (b) Standards and procedures to be used in handling and 2037
coordinating investigations of reported cases of child abuse and 2038
reported cases of child neglect, methods to be used in 2039
interviewing the child who is the subject of the report and who 2040
allegedly was abused or neglected, and standards and procedures 2041
addressing the categories of persons who may interview the child 2042
who is the subject of the report and who allegedly was abused or 2043
neglected. 2044

       (4) If a public children services agency participated in the 2045
execution of a memorandum of understanding under section 2151.426 2046
of the Revised Code establishing a children's advocacy center, the 2047
agency shall incorporate the contents of that memorandum in the 2048
memorandum prepared pursuant to this section. 2049

       (5) The clerk of the court of common pleas in the county may 2050
sign the memorandum of understanding prepared under division 2051
(J)(1) of this section. If the clerk signs the memorandum of 2052
understanding, the clerk shall execute all relevant 2053
responsibilities as required of officials specified in the 2054
memorandum. 2055

       (K)(1) Except as provided in division (K)(4) of this section, 2056
a person who is required to make a report pursuant to division (A) 2057
of this section may make a reasonable number of requests of the 2058
public children services agency that receives or is referred the 2059
report, or of the children's advocacy center that is referred the 2060
report if the report is referred to a children's advocacy center 2061
pursuant to an interagency agreement entered into under section 2062
2151.428 of the Revised Code, to be provided with the following 2063
information: 2064

       (a) Whether the agency or center has initiated an 2065
investigation of the report; 2066

       (b) Whether the agency or center is continuing to investigate 2067
the report; 2068

       (c) Whether the agency or center is otherwise involved with 2069
the child who is the subject of the report; 2070

       (d) The general status of the health and safety of the child 2071
who is the subject of the report; 2072

       (e) Whether the report has resulted in the filing of a 2073
complaint in juvenile court or of criminal charges in another 2074
court. 2075

       (2) A person may request the information specified in 2076
division (K)(1) of this section only if, at the time the report is 2077
made, the person's name, address, and telephone number are 2078
provided to the person who receives the report. 2079

       When a municipal or county peace officer or employee of a 2080
public children services agency receives a report pursuant to 2081
division (A) or (B) of this section the recipient of the report 2082
shall inform the person of the right to request the information 2083
described in division (K)(1) of this section. The recipient of the 2084
report shall include in the initial child abuse or child neglect 2085
report that the person making the report was so informed and, if 2086
provided at the time of the making of the report, shall include 2087
the person's name, address, and telephone number in the report. 2088

       Each request is subject to verification of the identity of 2089
the person making the report. If that person's identity is 2090
verified, the agency shall provide the person with the information 2091
described in division (K)(1) of this section a reasonable number 2092
of times, except that the agency shall not disclose any 2093
confidential information regarding the child who is the subject of 2094
the report other than the information described in those 2095
divisions. 2096

       (3) A request made pursuant to division (K)(1) of this 2097
section is not a substitute for any report required to be made 2098
pursuant to division (A) of this section. 2099

       (4) If an agency other than the agency that received or was 2100
referred the report is conducting the investigation of the report 2101
pursuant to section 2151.422 of the Revised Code, the agency 2102
conducting the investigation shall comply with the requirements of 2103
division (K) of this section. 2104

       (L) The director of job and family services shall adopt rules 2105
in accordance with Chapter 119. of the Revised Code to implement 2106
this section. The department of job and family services may enter 2107
into a plan of cooperation with any other governmental entity to 2108
aid in ensuring that children are protected from abuse and 2109
neglect. The department shall make recommendations to the attorney 2110
general that the department determines are necessary to protect 2111
children from child abuse and child neglect. 2112

       (M)(1) As used in this division: 2113

        (a) "Out-of-home care" includes a nonchartered nonpublic 2114
school if the alleged child abuse or child neglect, or alleged 2115
threat of child abuse or child neglect, described in a report 2116
received by a public children services agency allegedly occurred 2117
in or involved the nonchartered nonpublic school and the alleged 2118
perpetrator named in the report holds a certificate, permit, or 2119
license issued by the state board of education under section 2120
3301.071 or Chapter 3319. of the Revised Code. 2121

        (b) "Administrator, director, or other chief administrative 2122
officer" means the superintendent of the school district if the 2123
out-of-home care entity subject to a report made pursuant to this 2124
section is a school operated by the district. 2125

        (2) No later than the end of the day following the day on 2126
which a public children services agency receives a report of 2127
alleged child abuse or child neglect, or a report of an alleged 2128
threat of child abuse or child neglect, that allegedly occurred in 2129
or involved an out-of-home care entity, the agency shall provide 2130
written notice of the allegations contained in and the person 2131
named as the alleged perpetrator in the report to the 2132
administrator, director, or other chief administrative officer of 2133
the out-of-home care entity that is the subject of the report 2134
unless the administrator, director, or other chief administrative 2135
officer is named as an alleged perpetrator in the report. If the 2136
administrator, director, or other chief administrative officer of 2137
an out-of-home care entity is named as an alleged perpetrator in a 2138
report of alleged child abuse or child neglect, or a report of an 2139
alleged threat of child abuse or child neglect, that allegedly 2140
occurred in or involved the out-of-home care entity, the agency 2141
shall provide the written notice to the owner or governing board 2142
of the out-of-home care entity that is the subject of the report. 2143
The agency shall not provide witness statements or police or other 2144
investigative reports. 2145

       (3) No later than three days after the day on which a public 2146
children services agency that conducted the investigation as 2147
determined pursuant to section 2151.422 of the Revised Code makes 2148
a disposition of an investigation involving a report of alleged 2149
child abuse or child neglect, or a report of an alleged threat of 2150
child abuse or child neglect, that allegedly occurred in or 2151
involved an out-of-home care entity, the agency shall send written 2152
notice of the disposition of the investigation to the 2153
administrator, director, or other chief administrative officer and 2154
the owner or governing board of the out-of-home care entity. The 2155
agency shall not provide witness statements or police or other 2156
investigative reports. 2157

       Sec. 2151.86. (A)(1) The appointing or hiring officer of any 2158
entity that appoints or employs any person responsible for a 2159
child's care in out-of-home care shall request the superintendent 2160
of BCII to conduct a criminal records check with respect to any 2161
person who is under final consideration for appointment or 2162
employment as a person responsible for a child's care in 2163
out-of-home care, except that section 3319.39 of the Revised Code 2164
shall apply instead of this section if the out-of-home care entity 2165
is a public school, educational service center, or chartered 2166
nonpublic school. 2167

       (2) The administrative director of an agency, or attorney, 2168
who arranges an adoption for a prospective adoptive parent shall 2169
request the superintendent of BCII to conduct a criminal records 2170
check with respect to that prospective adoptive parent and all 2171
persons eighteen years of age or older who reside with the 2172
prospective adoptive parent. 2173

       (3) Before a recommending agency submits a recommendation to 2174
the department of job and family services on whether the 2175
department should issue a certificate to a foster home under 2176
section 5103.03 of the Revised Code, the administrative director 2177
of the agency shall request that the superintendent of BCII 2178
conduct a criminal records check with respect to the prospective 2179
foster caregiver and all other persons eighteen years of age or 2180
older who reside with the foster caregiver. 2181

       (B)(1) If a person subject to a criminal records check under 2182
divisions (A)(1) and (A)(2) of this section does not present proof 2183
that the person has been a resident of this state for the 2184
five-year period immediately prior to the date upon which the 2185
criminal records check is requested or does not provide evidence 2186
that within that five-year period the superintendent of BCII has 2187
requested information about the person from the federal bureau of 2188
investigation in a criminal records check, the appointing or 2189
hiring officer, administrative director, or attorney shall request 2190
that the superintendent of BCII obtain information from the 2191
federal bureau of investigation as a part of the criminal records 2192
check, including fingerprint based checks of national crime 2193
information databases as described in 42 U.S.C. 671. If the person 2194
subject to the criminal records check presents proof that the 2195
person has been a resident of this state for that five-year 2196
period, the officer~~, director,~~ or attorney may request that the 2197
superintendent of BCII include information from the federal bureau 2198
of investigation in the criminal records check, including 2199
fingerprint based checks of national crime information databases 2200
as described in 42 U.S.C. 671. 2201

       The administrative director of a recommending agency shall 2202
request that the superintendent of BCII obtain information from 2203
the federal bureau of investigation as part of a criminal records 2204
check, including fingerprint based checks of national crime 2205
information databases as described in 42 U.S.C. 671, for a person 2206
subject to a criminal records check under division (A)(3) of this 2207
section prior to issuing a foster home certificate, or upon every 2208
other foster home recertification, under section 5103.03 of the 2209
Revised Code. 2210

       (2) An appointing or hiring officer, administrative director, 2211
or attorney required by division (A) of this section to request a 2212
criminal records check shall provide to each person subject to a 2213
criminal records check a copy of the form prescribed pursuant to 2214
division (C)(1) of section 109.572 of the Revised Code and a 2215
standard impression sheet to obtain fingerprint impressions 2216
prescribed pursuant to division (C)(2) of section 109.572 of the 2217
Revised Code, obtain the completed form and impression sheet from 2218
the person, and forward the completed form and impression sheet to 2219
the superintendent of BCII at the time the criminal records check 2220
is requested. 2221

       Any person subject to a criminal records check who receives 2222
pursuant to this division a copy of the form prescribed pursuant 2223
to division (C)(1) of section 109.572 of the Revised Code and a 2224
copy of an impression sheet prescribed pursuant to division (C)(2) 2225
of that section and who is requested to complete the form and 2226
provide a set of fingerprint impressions shall complete the form 2227
or provide all the information necessary to complete the form and 2228
shall provide the impression sheet with the impressions of the 2229
person's fingerprints. If a person subject to a criminal records 2230
check, upon request, fails to provide the information necessary to 2231
complete the form or fails to provide impressions of the person's 2232
fingerprints, the appointing or hiring officer shall not appoint 2233
or employ the person as a person responsible for a child's care in 2234
out-of-home care, a probate court may not issue a final decree of 2235
adoption or an interlocutory order of adoption making the person 2236
an adoptive parent, and the department of job and family services 2237
shall not issue a certificate authorizing the prospective foster 2238
caregiver to operate a foster home. 2239

       (C)(1) No(a) Except as provided in division (C)(1)(b) of 2240
this section, no appointing or hiring officer shall appoint or 2241
employ a person as a person responsible for a child's care in 2242
out-of-home care, the department of job and family services shall 2243
not issue a certificate under section 5103.03 of the Revised Code 2244
authorizing a prospective foster caregiver to operate a foster 2245
home, and no probate court shall issue a final decree of adoption 2246
or an interlocutory order of adoption making a person an adoptive 2247
parent if the person or, in the case of a prospective foster 2248
caregiver or prospective adoptive parent, any person eighteen 2249
years of age or older who resides with the prospective foster 2250
caregiver or prospective adoptive parent previously has been 2251
convicted of or pleaded guilty to any of the ~~following~~violations 2252
described in division (A)(8) of section 109.572 of the Revised 2253
Code, unless the person meets rehabilitation standards established 2254
in rules adopted under division (F) of this section:. 2255

       ~~(a) A violation of section 2903.01, 2903.02, 2903.03,~~ 2256
~~2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,~~ 2257
~~2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,~~ 2258
~~2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,~~ 2259
~~2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,~~ 2260
~~2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,~~ 2261
~~2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,~~ 2262
~~2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a~~ 2263
~~violation of section 2905.04 of the Revised Code as it existed~~ 2264
~~prior to July 1, 1996, a violation of section 2919.23 of the~~ 2265
~~Revised Code that would have been a violation of section 2905.04~~ 2266
~~of the Revised Code as it existed prior to July 1, 1996, had the~~ 2267
~~violation been committed prior to that date, a violation of~~ 2268
~~section 2925.11 of the Revised Code that is not a minor drug~~ 2269
~~possession offense, or felonious sexual penetration in violation~~ 2270
~~of former section 2907.12 of the Revised Code;~~ 2271

       ~~(b) A violation of an existing or former law of this state,~~ 2272
~~any other state, or the United States that is substantially~~ 2273
~~equivalent to any of the offenses described in division (C)(1)(a)~~ 2274
~~of this section.~~ 2275

       (b) The appointing or hiring officer shall not appoint or 2276
employ a person as a person responsible for a child's care in 2277
out-of-home care, the department of job and family services shall 2278
not issue a certificate under section 5103.03 of the Revised Code 2279
to a prospective foster caregiver, and the probate court shall not 2280
issue a final decree of adoption or an interlocutory order of 2281
adoption making a person an adoptive parent if the prospective 2282
appointee, employee, foster caregiver, or adoptive parent, or any 2283
person sixteen years of age or older residing with any of these 2284
persons has been convicted of, pleaded guilty to, or adjudicated a 2285
juvenile traffic offender for committing a violation of section 2286
4511.19 of the Revised Code or a violation of an existing or 2287
former law of this state, any other state, or the United States 2288
that is substantially equivalent to a violation of section 4511.19 2289
of the Revised Code, two or more times within the three years 2290
immediately preceding the submission of the application or 2291
petition. 2292

       Division (C)(1)(b) of this section shall not apply if the 2293
prospective appointee, employee, adoptive parent, or foster 2294
caregiver or the person sixteen years of age or older residing 2295
with the prospective appointee, employee, adoptive parent, or 2296
foster caregiver meets the rehabilitation standards established in 2297
rules adopted under division (F) of this section. 2298

       (2) The appointing or hiring officer may appoint or employ a 2299
person as a person responsible for a child's care in out-of-home 2300
care conditionally until the criminal records check required by 2301
this section is completed and the officer receives the results of 2302
the criminal records check. If the results of the criminal records 2303
check indicate that, pursuant to division (C)(1) of this section, 2304
the person subject to the criminal records check does not qualify 2305
for appointment or employment, the officer shall release the 2306
person from appointment or employment. 2307

       (3) Prior to certification under section 5103.03 of the 2308
Revised Code, the prospective foster caregiver subject to a 2309
criminal records check under division (A)(3) of this section shall 2310
notify the recommending agency of the revocation of any foster 2311
home license, certificate, or other similar authorization in 2312
another state occurring within five years prior to the date of 2313
application to become a foster caregiver in this state. If a 2314
person has had a revocation in another state, the department of 2315
job and family services shall not issue a foster home certificate 2316
to the prospective foster caregiver. 2317

       (D) The appointing or hiring officer, administrative 2318
director, or attorney shall pay to the bureau of criminal 2319
identification and investigation the fee prescribed pursuant to 2320
division (C)(3) of section 109.572 of the Revised Code for each 2321
criminal records check conducted in accordance with that section 2322
upon a request pursuant to division (A) of this section. The 2323
officer, director, or attorney may charge the person subject to 2324
the criminal records check a fee for the costs the officer, 2325
director, or attorney incurs in obtaining the criminal records 2326
check. A fee charged under this division shall not exceed the 2327
amount of fees the officer, director, or attorney pays for the 2328
criminal records check. If a fee is charged under this division, 2329
the officer, director, or attorney shall notify the person who is 2330
the applicant at the time of the person's initial application for 2331
appointment or employment, an adoption to be arranged, or a 2332
certificate to operate a foster home of the amount of the fee and 2333
that, unless the fee is paid, the person who is the applicant will 2334
not be considered for appointment or employment or as an adoptive 2335
parent or foster caregiver. 2336

       (E) The report of any criminal records check conducted by the 2337
bureau of criminal identification and investigation in accordance 2338
with section 109.572 of the Revised Code and pursuant to a request 2339
made under division (A) of this section is not a public record for 2340
the purposes of section 149.43 of the Revised Code and shall not 2341
be made available to any person other than the following: 2342

       (1) The person who is the subject of the criminal records 2343
check or the person's representative; ~~the~~ 2344

       (2) The appointing or hiring officer, administrative 2345
director, or attorney requesting the criminal records check or the 2346
officer's, director's, or attorney's representative; ~~the~~ 2347

       (3) The department of job and family services or, a county 2348
department of job and family services, or a public children 2349
services agency; ~~and any~~ 2350

       (4) Any court, hearing officer, or other necessary individual 2351
involved in a case dealing with the denial of employment, a final 2352
decree of adoption or interlocutory order of adoption, or a foster 2353
home certificate. 2354

       (F) The director of job and family services shall adopt rules 2355
in accordance with Chapter 119. of the Revised Code to implement 2356
this section. The rules shall include rehabilitation standards a 2357
person who has been convicted of or pleaded guilty to an offense 2358
listed in division ~~(C)(1) of this section~~(A)(8) of section 2359
109.572 of the Revised Code must meet for an appointing or hiring 2360
officer to appoint or employ the person as a person responsible 2361
for a child's care in out-of-home care, a probate court to issue a 2362
final decree of adoption or interlocutory order of adoption making 2363
the person an adoptive parent, or the department to issue a 2364
certificate authorizing the prospective foster caregiver to 2365
operate a foster home or not revoke a foster home certificate for 2366
a violation of section 4511.19 of the Revised Code, pursuant to 2367
section 5103.0328 of the Revised Code. 2368

       (G) An appointing or hiring officer, administrative director, 2369
or attorney required by division (A) of this section to request a 2370
criminal records check shall inform each person who is the 2371
applicant, at the time of the person's initial application for 2372
appointment or employment, an adoption to be arranged, or a foster 2373
home certificate, that the person subject to the criminal records 2374
check is required to provide a set of impressions of the person's 2375
fingerprints and that a criminal records check is required to be 2376
conducted and satisfactorily completed in accordance with section 2377
109.572 of the Revised Code. 2378

       (H) The department of job and family services may waive the 2379
requirement that a criminal records check based on fingerprints be 2380
conducted for an adult resident of a prospective adoptive or 2381
foster home or the home of a foster caregiver if the recommending 2382
agency documents to the department's satisfaction that the adult 2383
resident is physically unable to comply with the fingerprinting 2384
requirement and poses no danger to foster children or adoptive 2385
children who may be placed in the home. In such cases, the 2386
recommending or approving agency shall request that the bureau of 2387
criminal identification and investigation conduct a criminal 2388
records check using the person's name and social security number. 2389

        (I) As used in this section: 2390

       (1) "Children's hospital" means any of the following: 2391

       (a) A hospital registered under section 3701.07 of the 2392
Revised Code that provides general pediatric medical and surgical 2393
care, and in which at least seventy-five per cent of annual 2394
inpatient discharges for the preceding two calendar years were 2395
individuals less than eighteen years of age; 2396

       (b) A distinct portion of a hospital registered under section 2397
3701.07 of the Revised Code that provides general pediatric 2398
medical and surgical care, has a total of at least one hundred 2399
fifty registered pediatric special care and pediatric acute care 2400
beds, and in which at least seventy-five per cent of annual 2401
inpatient discharges for the preceding two calendar years were 2402
individuals less than eighteen years of age; 2403

       (c) A distinct portion of a hospital, if the hospital is 2404
registered under section 3701.07 of the Revised Code as a 2405
children's hospital and the children's hospital meets all the 2406
requirements of division (I)~~(3)~~(1)(a) of this section. 2407

       (2) "Criminal records check" has the same meaning as in 2408
section 109.572 of the Revised Code. 2409

       (3) ~~"Minor drug possession offense" has the same meaning as~~ 2410
~~in section 2925.01 of the Revised Code.~~ 2411

       ~~(4)~~ "Person responsible for a child's care in out-of-home 2412
care" has the same meaning as in section 2151.011 of the Revised 2413
Code, except that it does not include a prospective employee of 2414
the department of youth services or a person responsible for a 2415
child's care in a hospital or medical clinic other than a 2416
children's hospital. 2417

       ~~(5)~~(4) "Person subject to a criminal records check" means the 2418
following: 2419

       (a) A person who is under final consideration for appointment 2420
or employment as a person responsible for a child's care in 2421
out-of-home care; 2422

       (b) A prospective adoptive parent; 2423

       (c) A prospective foster caregiver; 2424

       (d) A person eighteen years old or older who resides with a 2425
prospective foster caregiver or a prospective adoptive parent. 2426

       ~~(6)~~(5) "Recommending agency" means a public children services 2427
agency, private child placing agency, or private noncustodial 2428
agency to which the department of job and family services has 2429
delegated a duty to inspect and approve foster homes. 2430

       ~~(7)~~(6) "Superintendent of BCII" means the superintendent of 2431
the bureau of criminal identification and investigation. 2432

       Sec. 2301.10. (A) If a sheriff or chief of police has not 2433
taken, or caused to be taken, a person's or child's fingerprints 2434
in accordance with division (A)(1) of section 109.60 of the 2435
Revised Code with respect to a crime or act set forth in that 2436
division by the time of the arraignment or first appearance of the 2437
person or child with respect to that crime or act, the court of 2438
common pleas shall order the person or child to appear before the 2439
sheriff or chief of police within twenty-four hours of the 2440
arraignment or first appearance to have the person's or child's 2441
fingerprints taken as provided in division (A)(2) of section 2442
109.60 of the Revised Code. 2443

       (B) If the court of common pleas has jurisdiction over a case 2444
involving a person or child with respect to whom division (A)(1) 2445
or (2) of section 109.60 of the Revised Code requires a sheriff or 2446
chief of police to take the person's or child's fingerprints, the 2447
court of common pleas shall inquire at the time of the person's or 2448
child's sentencing or adjudication for the crime or act for which 2449
the fingerprints were required to be taken whether or not the 2450
person or child has been fingerprinted pursuant to division (A)(1) 2451
or (2) of section 109.60 of the Revised Code for the original 2452
arrest or court appearance upon which the sentence or adjudication 2453
is based. If a person or child was not fingerprinted for the 2454
original arrest or court appearance, the court of common pleas 2455
shall order the person or child to appear before the sheriff or 2456
chief of police within twenty-four hours to have the person's or 2457
child's fingerprints taken as provided in division (A)(3) of 2458
section 109.60 of the Revised Code. 2459

       Sec. 3107.14. (A) The petitioner and the person sought to be 2460
adopted shall appear at the hearing on the petition, unless the 2461
presence of either is excused by the court for good cause shown. 2462

       (B) The court may continue the hearing from time to time to 2463
permit further observation, investigation, or consideration of any 2464
facts or circumstances affecting the granting of the petition, and 2465
may examine the petitioners separate and apart from each other. 2466

       (C) If, at the conclusion of the hearing, the court finds 2467
that the required consents have been obtained or excused and that 2468
the adoption is in the best interest of the person sought to be 2469
adopted as supported by the evidence, it may issue, subject to 2470
division (C)(1)(a) of section 2151.86, section 3107.064, and 2471
division (E) of section 3107.09 of the Revised Code, and any other 2472
limitations specified in this chapter, a final decree of adoption 2473
or an interlocutory order of adoption, which by its own terms 2474
automatically becomes a final decree of adoption on a date 2475
specified in the order, which, except as provided in division (B) 2476
of section 3107.13 of the Revised Code, shall not be less than six 2477
months or more than one year from the date of issuance of the 2478
order, unless sooner vacated by the court for good cause shown. In 2479
determining whether the adoption is in the best interest of the 2480
person sought to be adopted, the court shall not consider the age 2481
of the petitioner if the petitioner is old enough to adopt as 2482
provided by section 3107.03 of the Revised Code. 2483

       In an interlocutory order of adoption, the court shall 2484
provide for observation, investigation, and a further report on 2485
the adoptive home during the interlocutory period. 2486

       (D) If the requirements for a decree under division (C) of 2487
this section have not been satisfied or the court vacates an 2488
interlocutory order of adoption, or if the court finds that a 2489
person sought to be adopted was placed in the home of the 2490
petitioner in violation of law, the court shall dismiss the 2491
petition and may determine the agency or person to have temporary 2492
or permanent custody of the person, which may include the agency 2493
or person that had custody prior to the filing of the petition or 2494
the petitioner, if the court finds it is in the best interest of 2495
the person as supported by the evidence, or if the person is a 2496
minor, the court may certify the case to the juvenile court of the 2497
county where the minor is then residing for appropriate action and 2498
disposition. 2499

       (E) The issuance of a final decree or interlocutory order of 2500
adoption for an adult adoption under division (A)(4) of section 2501
3107.02 of the Revised Code shall not disqualify that adult for 2502
services under section 2151.82 or 2151.83 of the Revised Code. 2503

       Sec. 5101.132. Information contained in the information 2504
system established and maintained under section 5101.13 of the 2505
Revised Code may be accessed only as follows: 2506

       (A) The department of job and family services ~~and~~, a public 2507
children services agency, private child placing agency, and 2508
private noncustodial agency may access the information when either 2509
of the following is the case: 2510

       (1) The access is directly connected with assessment, 2511
investigation, or services regarding a child or family; 2512

       (2) The access is permitted by state or federal law, rule, or 2513
regulation. 2514

       (B) A person may access the information in a manner, to the 2515
extent, and for the purposes authorized by rules adopted by the 2516
department. 2517

       Sec. 5101.134. (A) ~~Notwithstanding any provision of the~~ 2518
~~Revised Code that requires confidentiality of information that is~~ 2519
~~contained in the uniform statewide automated child welfare~~ 2520
~~information system established in section 5101.13 of the Revised~~ 2521
~~Code, the~~The department of job and family services shall adopt 2522
rules in accordance with Chapter 119. of the Revised Code 2523
regarding ~~a private child placing agency's or private noncustodial~~ 2524
~~agency's~~ access, data entry, and use of information in the uniform 2525
statewide automated child welfare information system. 2526

       (B)~~(1)~~ The department of job and family services may adopt 2527
rules in accordance with section 111.15 of the Revised Code, as if 2528
they were internal management rules, as necessary to carry out the 2529
purposes of sections 5101.13 to 5101.133 of the Revised Code. 2530

       ~~(2) The department may adopt rules in accordance with Chapter~~ 2531
~~119. of the Revised Code as necessary to carry out the purposes of~~ 2532
~~division (B) of section 5101.132 of the Revised Code.~~ 2533

       ~~(C) Public children services agencies shall implement and use~~ 2534
~~the information system established pursuant to section 5101.13 of~~ 2535
~~the Revised Code in accordance with rules adopted by the~~ 2536
~~department.~~ 2537

       Sec. 5101.32. (A) The department of job and family services 2538
shall work with the superintendent of the bureau of criminal 2539
identification and investigation to develop procedures and formats 2540
necessary to produce the notices described in division (D) of 2541
section 109.581 of the Revised Code in a format that is acceptable 2542
for use by the department. The department also shall adopt rules 2543
in accordance with section 111.15 of the Revised Code, as if they 2544
were internal management rules, necessary for such collaboration. 2545

       (B) The department of job and family services shall adopt 2546
rules in accordance with Chapter 119. of the Revised Code 2547
necessary for utilizing the information received pursuant to 2548
section 109.581 of the Revised Code. 2549

       Sec. 5103.03. (A) The director of job and family services 2550
shall adopt rules as necessary for the adequate and competent 2551
management of institutions or associations. 2552

       (B)(1) Except for facilities under the control of the 2553
department of youth services, places of detention for children 2554
established and maintained pursuant to sections 2152.41 to 2152.44 2555
of the Revised Code, and child day-care centers subject to Chapter 2556
5104. of the Revised Code, the department of job and family 2557
services every two years shall pass upon the fitness of every 2558
institution and association that receives, or desires to receive 2559
and care for children, or places children in private homes. 2560

       (2) When the department of job and family services is 2561
satisfied as to the care given such children, and that the 2562
requirements of the statutes and rules covering the management of 2563
such institutions and associations are being complied with, it 2564
shall issue to the institution or association a certificate to 2565
that effect. A certificate is valid for two years, unless sooner 2566
revoked by the department. When determining whether an institution 2567
or association meets a particular requirement for certification, 2568
the department may consider the institution or association to have 2569
met the requirement if the institution or association shows to the 2570
department's satisfaction that it has met a comparable requirement 2571
to be accredited by a nationally recognized accreditation 2572
organization. 2573

       (3) The department may issue a temporary certificate valid 2574
for less than one year authorizing an institution or association 2575
to operate until minimum requirements have been met. 2576

       (4) An institution or association that knowingly makes a 2577
false statement that is included as a part of certification under 2578
this section is guilty of the offense of falsification under 2579
section 2921.13 of the Revised Code and the department shall not 2580
certify that institution or association. 2581

       (5) The department shall not pass upon the fitness of, or 2582
issue a temporary or two-year certificate to, a prospective foster 2583
home or prospective specialized foster home pursuant to this 2584
section if the prospective foster home or prospective specialized 2585
foster home operates as a type A family day-care home pursuant to 2586
Chapter 5104. of the Revised Code. The department shall not pass 2587
upon the fitness of, or issue a temporary or two-year certificate 2588
to, a prospective specialized foster home if the prospective 2589
specialized foster home operates a type B family day-care home 2590
pursuant to Chapter 5104. of the Revised Code. 2591

       (C) The department may revoke a certificate if it finds that 2592
the institution or association is in violation of law or rule. No 2593
juvenile court shall commit a child to an association or 2594
institution that is required to be certified under this section if 2595
its certificate has been revoked or, if after revocation, the date 2596
of reissue is less than fifteen months prior to the proposed 2597
commitment. 2598

       (D) Every two years, on a date specified by the department, 2599
each institution or association desiring certification or 2600
recertification shall submit to the department a report showing 2601
its condition, management, competency to care adequately for the 2602
children who have been or may be committed to it or to whom it 2603
provides care or services, the system of visitation it employs for 2604
children placed in private homes, and other information the 2605
department requires. 2606

       (E) The department shall, not less than once each year, send 2607
a list of certified institutions and associations to each juvenile 2608
court and certified association or institution. 2609

       (F) No person shall receive children or receive or solicit 2610
money on behalf of such an institution or association not so 2611
certified or whose certificate has been revoked. 2612

       (G)(1) The director may delegate by rule any duties imposed 2613
on it by this section to inspect and approve family foster homes 2614
and specialized foster homes to public children services agencies, 2615
private child placing agencies, or private noncustodial agencies. 2616

       (2) The director shall adopt rules that require a foster 2617
caregiver or other individual certified to operate a foster home 2618
under this section to notify the recommending agency that the 2619
foster caregiver or other individual is certified to operate a 2620
type B family day-care home under Chapter 5104. of the Revised 2621
Code. 2622

       (H) If the director of job and family services determines 2623
that an institution or association that cares for children is 2624
operating without a certificate, the director may petition the 2625
court of common pleas in the county in which the institution or 2626
association is located for an order enjoining its operation. The 2627
court shall grant injunctive relief upon a showing that the 2628
institution or association is operating without a certificate. 2629

       (I) If both of the following are the case, the director of 2630
job and family services may petition the court of common pleas of 2631
any county in which an institution or association that holds a 2632
certificate under this section operates for an order, and the 2633
court may issue an order, preventing the institution or 2634
association from receiving additional children into its care or an 2635
order removing children from its care: 2636

        (1) The department has evidence that the life, health, or 2637
safety of one or more children in the care of the institution or 2638
association is at imminent risk. 2639

        (2) The department has issued a proposed adjudication order 2640
pursuant to Chapter 119. of the Revised Code to deny renewal of or 2641
revoke the certificate of the institution or association. 2642

       Sec. 5103.0328. The department of job and family services 2643
shall review, for possible revocation, a foster caregiver's 2644
certificate if the department learns that the foster caregiver or 2645
any person sixteen years of age or older residing with the foster 2646
caregiver has been convicted of, pleaded guilty to, adjudicated a 2647
juvenile traffic offender for committing a violation of section 2648
4511.19 of the Revised Code or a violation of an existing or 2649
former law of this state, any other state, or the United States 2650
that is substantially equivalent to a violation of section 4511.19 2651
of the Revised Code, two or more times within a three-year period. 2652
The department shall not revoke the certificate pursuant to this 2653
section if the foster caregiver or person meets the rehabilitation 2654
standards established in rules under division (F) of section 2655
2151.86 of the Revised Code. 2656

       Sec. 5103.16. (A) ~~Pursuant to section 5103.18 of the Revised~~ 2657
~~Code and except~~Except as otherwise provided in this section, no 2658
child shall be placed or accepted for placement under any written 2659
or oral agreement or understanding that transfers or surrenders 2660
the legal rights, powers, or duties of the legal parent, parents, 2661
or guardian of the child into the temporary or permanent custody 2662
of any association or institution that is not certified by the 2663
department of job and family services under section 5103.03 of the 2664
Revised Code, without the written consent of the office in the 2665
department that oversees the interstate compact on placement of 2666
children established under section 5103.20 of the Revised Code, or 2667
by a commitment of a juvenile court, or by a commitment of a 2668
probate court as provided in this section. A child may be placed 2669
temporarily without written consent or court commitment with 2670
persons related by blood or marriage or in a legally licensed 2671
boarding home. 2672

       (B)(1) Associations and institutions certified under section 2673
5103.03 of the Revised Code for the purpose of placing children in 2674
free foster homes or for legal adoption shall keep a record of the 2675
temporary and permanent surrenders of children. This record shall 2676
be available for separate statistics, which shall include a copy 2677
of an official birth record and all information concerning the 2678
social, mental, and medical history of the children that will aid 2679
in an intelligent disposition of the children in case that becomes 2680
necessary because the parents or guardians fail or are unable to 2681
reassume custody. 2682

       (2) No child placed on a temporary surrender with an 2683
association or institution shall be placed permanently in a foster 2684
home or for legal adoption. All surrendered children who are 2685
placed permanently in foster homes or for adoption shall have been 2686
permanently surrendered, and a copy of the permanent surrender 2687
shall be a part of the separate record kept by the association or 2688
institution. 2689

       (C) Any agreement or understanding to transfer or surrender 2690
the legal rights, powers, or duties of the legal parent or parents 2691
and place a child with a person seeking to adopt the child under 2692
this section shall be construed to contain a promise by the person 2693
seeking to adopt the child to pay the expenses listed in divisions 2694
(C)(1), (2), and (4) of section 3107.055 of the Revised Code and, 2695
if the person seeking to adopt the child refuses to accept 2696
placement of the child, to pay the temporary costs of routine 2697
maintenance and medical care for the child in a hospital, foster 2698
home, or other appropriate place for up to thirty days or until 2699
other custody is established for the child, as provided by law, 2700
whichever is less. 2701

       (D) No child shall be placed or received for adoption or with 2702
intent to adopt unless placement is made by a public children 2703
services agency, an institution or association that is certified 2704
by the department of job and family services under section 5103.03 2705
of the Revised Code to place children for adoption, or custodians 2706
in another state or foreign country, or unless all of the 2707
following criteria are met: 2708

       (1) Prior to the placement and receiving of the child, the 2709
parent or parents of the child personally have applied to, and 2710
appeared before, the probate court of the county in which the 2711
parent or parents reside, or in which the person seeking to adopt 2712
the child resides, for approval of the proposed placement 2713
specified in the application and have signed and filed with the 2714
court a written statement showing that the parent or parents are 2715
aware of their right to contest the decree of adoption subject to 2716
the limitations of section 3107.16 of the Revised Code; 2717

       (2) The court ordered an independent home study of the 2718
proposed placement to be conducted as provided in section 3107.031 2719
of the Revised Code, and after completion of the home study, the 2720
court determined that the proposed placement is in the best 2721
interest of the child; 2722

       (3) The court has approved of record the proposed placement. 2723

       In determining whether a custodian has authority to place 2724
children for adoption under the laws of a foreign country, the 2725
probate court shall determine whether the child has been released 2726
for adoption pursuant to the laws of the country in which the 2727
child resides, and if the release is in a form that satisfies the 2728
requirements of the immigration and naturalization service of the 2729
United States department of justice for purposes of immigration to 2730
this country pursuant to section 101(b)(1)(F) of the "Immigration 2731
and Nationality Act," 75 Stat. 650 (1961), 8 U.S.C. 1101 2732
(b)(1)(F), as amended or reenacted. 2733

       If the parent or parents of the child are deceased or have 2734
abandoned the child, as determined under division (A) of section 2735
3107.07 of the Revised Code, the application for approval of the 2736
proposed adoptive placement may be brought by the relative seeking 2737
to adopt the child, or by the department, board, or organization 2738
not otherwise having legal authority to place the orphaned or 2739
abandoned child for adoption, but having legal custody of the 2740
orphaned or abandoned child, in the probate court of the county in 2741
which the child is a resident, or in which the department, board, 2742
or organization is located, or where the person or persons with 2743
whom the child is to be placed reside. Unless the parent, parents, 2744
or guardian of the person of the child personally have appeared 2745
before the court and applied for approval of the placement, notice 2746
of the hearing on the application shall be served on the parent, 2747
parents, or guardian. 2748

       The consent to placement, surrender, or adoption executed by 2749
a minor parent before a judge of the probate court or an 2750
authorized deputy or referee of the court, whether executed within 2751
or outside the confines of the court, is as valid as though 2752
executed by an adult. A consent given as above before an employee 2753
of a children services agency that is licensed as provided by law, 2754
is equally effective, if the consent also is accompanied by an 2755
affidavit executed by the witnessing employee or employees to the 2756
effect that the legal rights of the parents have been fully 2757
explained to the parents, prior to the execution of any consent, 2758
and that the action was done after the birth of the child. 2759

       If the court approves a placement, the prospective adoptive 2760
parent with whom the child is placed has care, custody, and 2761
control of the child pending further order of the court. 2762

       (E) This section does not apply to an adoption by a 2763
stepparent, a grandparent, or a guardian. 2764

       Sec. 5103.18. (A) Prior to ~~placement~~certification or 2765
recertification as a foster home under section ~~5103.16~~5103.03 of 2766
the Revised Code, ~~an association or institution certified to place~~ 2767
~~a child into a foster home~~a recommending agency shall ~~include~~ 2768
obtain a summary report of a search of the uniform statewide 2769
automated child welfare information system, established in section 2770
5101.13 of the Revised Code ~~with records required under division~~ 2771
~~(B)(1) of section 5103.16 of the Revised Code~~, from an entity 2772
listed in section 5101.132 of the Revised Code. 2773

       (B)(1) The summary report required under division (A) of this 2774
section shall contain, if applicable, a chronological list of 2775
abuse and neglect determinations or allegations of which a person 2776
seeking to become a foster caregiver of a child is subject and in 2777
regards to which a public children services agency has done one of 2778
the following: 2779

       (a) Determined that abuse or neglect occurred; 2780

       (b) Initiated an investigation, and the investigation is 2781
ongoing; 2782

       (c) Initiated an investigation, and the agency was unable to 2783
determine whether abuse or neglect occurred. 2784

       (2) The summary report required under division (A) of this 2785
section shall not contain any of the following: 2786

       (a) An abuse and neglect determination of which a person 2787
seeking to become a foster caregiver of a child is subject and in 2788
regards to which a public children services agency determined that 2789
abuse or neglect did not occur; 2790

       (b) Information or reports the dissemination of which is 2791
prohibited by, or interferes with eligibility under, the "Child 2792
Abuse Prevention and Treatment Act," 88 Stat. 4 (1974), 42 U.S.C. 2793
5101 et seq., as amended; 2794

        (c) The name of the person who or entity that made, or 2795
participated in the making of, the report of abuse or neglect. 2796

       (C)(1) A foster ~~placement~~home certification or 2797
recertification may be denied based on a summary report containing 2798
the information described under division (B)(1)(a) of this 2799
section, when considered within the totality of the circumstances. 2800

       (2) A foster ~~placement~~home certification or recertification 2801
shall not be denied solely based on a summary report containing 2802
the information described under division (B)(1)(b) or (c) of this 2803
section. 2804

       (D) Not later than January 1, 2008, the director of job and 2805
family services shall adopt rules in accordance with Chapter 119. 2806
of the Revised Code necessary for the implementation and execution 2807
of this section. 2808

       Sec. 5104.011. (A) The director of job and family services 2809
shall adopt rules pursuant to Chapter 119. of the Revised Code 2810
governing the operation of child day-care centers, including, but 2811
not limited to, parent cooperative centers, part-time centers, 2812
drop-in centers, and school child centers, which rules shall 2813
reflect the various forms of child care and the needs of children 2814
receiving child care or publicly funded child care and shall 2815
include specific rules for school child care centers that are 2816
developed in consultation with the department of education. The 2817
rules shall not require an existing school facility that is in 2818
compliance with applicable building codes to undergo an additional 2819
building code inspection or to have structural modifications. The 2820
rules shall include the following: 2821

       (1) Submission of a site plan and descriptive plan of 2822
operation to demonstrate how the center proposes to meet the 2823
requirements of this chapter and rules adopted pursuant to this 2824
chapter for the initial license application; 2825

       (2) Standards for ensuring that the physical surroundings of 2826
the center are safe and sanitary including, but not limited to, 2827
the physical environment, the physical plant, and the equipment of 2828
the center; 2829

       (3) Standards for the supervision, care, and discipline of 2830
children receiving child care or publicly funded child care in the 2831
center; 2832

       (4) Standards for a program of activities, and for play 2833
equipment, materials, and supplies, to enhance the development of 2834
each child; however, any educational curricula, philosophies, and 2835
methodologies that are developmentally appropriate and that 2836
enhance the social, emotional, intellectual, and physical 2837
development of each child shall be permissible. As used in this 2838
division, "program" does not include instruction in religious or 2839
moral doctrines, beliefs, or values that is conducted at child 2840
day-care centers owned and operated by churches and does include 2841
methods of disciplining children at child day-care centers. 2842

       (5) Admissions policies and procedures, health care policies 2843
and procedures, including, but not limited to, procedures for the 2844
isolation of children with communicable diseases, first aid and 2845
emergency procedures, procedures for discipline and supervision of 2846
children, standards for the provision of nutritious meals and 2847
snacks, and procedures for screening children and employees, 2848
including, but not limited to, any necessary physical examinations 2849
and immunizations; 2850

       (6) Methods for encouraging parental participation in the 2851
center and methods for ensuring that the rights of children, 2852
parents, and employees are protected and that responsibilities of 2853
parents and employees are met; 2854

       (7) Procedures for ensuring the safety and adequate 2855
supervision of children traveling off the premises of the center 2856
while under the care of a center employee; 2857

       (8) Procedures for record keeping, organization, and 2858
administration; 2859

       (9) Procedures for issuing, renewing, denying, and revoking a 2860
license that are not otherwise provided for in Chapter 119. of the 2861
Revised Code; 2862

       (10) Inspection procedures; 2863

       (11) Procedures and standards for setting initial and renewal 2864
license application fees; 2865

       (12) Procedures for receiving, recording, and responding to 2866
complaints about centers; 2867

       (13) Procedures for enforcing section 5104.04 of the Revised 2868
Code; 2869

       (14) A standard requiring the inclusion, on and after July 1, 2870
1987, of a current department of job and family services toll-free 2871
telephone number on each center provisional license or license 2872
which any person may use to report a suspected violation by the 2873
center of this chapter or rules adopted pursuant to this chapter; 2874

       (15) Requirements for the training of administrators and 2875
child-care staff members in first aid, in prevention, recognition, 2876
and management of communicable diseases, and in child abuse 2877
recognition and prevention. Training requirements for child 2878
day-care centers adopted under this division shall be consistent 2879
with divisions (B)(6) and (C)(1) of this section. 2880

       (16) Procedures to be used by licensees for checking the 2881
references of potential employees of centers and procedures to be 2882
used by the director for checking the references of applicants for 2883
licenses to operate centers; 2884

       (17) Standards providing for the special needs of children 2885
who are handicapped or who require treatment for health conditions 2886
while the child is receiving child care or publicly funded child 2887
care in the center; 2888

       (18) A procedure for reporting of injuries of children that 2889
occur at the center; 2890

       (19) Any other procedures and standards necessary to carry 2891
out this chapter. 2892

       (B)(1) The child day-care center shall have, for each child 2893
for whom the center is licensed, at least thirty-five square feet 2894
of usable indoor floor space wall-to-wall regularly available for 2895
the child care operation exclusive of any parts of the structure 2896
in which the care of children is prohibited by law or by rules 2897
adopted by the board of building standards. The minimum of 2898
thirty-five square feet of usable indoor floor space shall not 2899
include hallways, kitchens, storage areas, or any other areas that 2900
are not available for the care of children, as determined by the 2901
director, in meeting the space requirement of this division, and 2902
bathrooms shall be counted in determining square footage only if 2903
they are used exclusively by children enrolled in the center, 2904
except that the exclusion of hallways, kitchens, storage areas, 2905
bathrooms not used exclusively by children enrolled in the center, 2906
and any other areas not available for the care of children from 2907
the minimum of thirty-five square feet of usable indoor floor 2908
space shall not apply to: 2909

       (a) Centers licensed prior to or on September 1, 1986, that 2910
continue under licensure after that date; 2911

       (b) Centers licensed prior to or on September 1, 1986, that 2912
are issued a new license after that date solely due to a change of 2913
ownership of the center. 2914

       (2) The child day-care center shall have on the site a safe 2915
outdoor play space which is enclosed by a fence or otherwise 2916
protected from traffic or other hazards. The play space shall 2917
contain not less than sixty square feet per child using such space 2918
at any one time, and shall provide an opportunity for supervised 2919
outdoor play each day in suitable weather. The director may exempt 2920
a center from the requirement of this division, if an outdoor play 2921
space is not available and if all of the following are met: 2922

       (a) The center provides an indoor recreation area that has 2923
not less than sixty square feet per child using the space at any 2924
one time, that has a minimum of one thousand four hundred forty 2925
square feet of space, and that is separate from the indoor space 2926
required under division (B)(1) of this section. 2927

       (b) The director has determined that there is regularly 2928
available and scheduled for use a conveniently accessible and safe 2929
park, playground, or similar outdoor play area for play or 2930
recreation. 2931

       (c) The children are closely supervised during play and while 2932
traveling to and from the area. 2933

       The director also shall exempt from the requirement of this 2934
division a child day-care center that was licensed prior to 2935
September 1, 1986, if the center received approval from the 2936
director prior to September 1, 1986, to use a park, playground, or 2937
similar area, not connected with the center, for play or 2938
recreation in lieu of the outdoor space requirements of this 2939
section and if the children are closely supervised both during 2940
play and while traveling to and from the area and except if the 2941
director determines upon investigation and inspection pursuant to 2942
section 5104.04 of the Revised Code and rules adopted pursuant to 2943
that section that the park, playground, or similar area, as well 2944
as access to and from the area, is unsafe for the children. 2945

       (3) The child day-care center shall have at least two 2946
responsible adults available on the premises at all times when 2947
seven or more children are in the center. The center shall 2948
organize the children in the center in small groups, shall provide 2949
child-care staff to give continuity of care and supervision to the 2950
children on a day-by-day basis, and shall ensure that no child is 2951
left alone or unsupervised. Except as otherwise provided in 2952
division (E) of this section, the maximum number of children per 2953
child-care staff member and maximum group size, by age category of 2954
children, are as follows: 2955

Maximum Number of 2956

Children Per Maximum 2957

Age Category Child-Care Group 2958

of Children Staff Member Size 2959

(a) Infants: 2960

(i) Less than twelve 2961

months old 5:1, or 2962

12:2 if two 2963

child-care 2964

staff members 2965

are in the room 12 2966

(ii) At least twelve 2967

months old, but 2968

less than eighteen 2969

months old 6:1 12 2970

(b) Toddlers: 2971

(i) At least eighteen 2972

months old, but 2973

less than thirty 2974

months old 7:1 14 2975

(ii) At least thirty months 2976

old, but less than 2977

three years old 8:1 16 2978

(c) Preschool 2979

children: 2980

(i) Three years old 12:1 24 2981

(ii) Four years old and 2982

five years old who 2983

are not school 2984

children 14:1 28 2985

(d) School children: 2986

(i) A child who is 2987

enrolled in or is 2988

eligible to be 2989

enrolled in a grade 2990

of kindergarten 2991

or above, but 2992

is less than 2993

eleven years old 18:1 36 2994

(ii) Eleven through fourteen 2995

years old 20:1 40 2996

       Except as otherwise provided in division (E) of this section, 2997
the maximum number of children per child-care staff member and 2998
maximum group size requirements of the younger age group shall 2999
apply when age groups are combined. 3000

       (4)(a) The child day-care center administrator shall show the 3001
director both of the following: 3002

       (i) Evidence of at least high school graduation or 3003
certification of high school equivalency by the state board of 3004
education or the appropriate agency of another state; 3005

       (ii) Evidence of having completed at least two years of 3006
training in an accredited college, university, or technical 3007
college, including courses in child development or early childhood 3008
education, or at least two years of experience in supervising and 3009
giving daily care to children attending an organized group 3010
program. 3011

       (b) In addition to the requirements of division (B)(4)(a) of 3012
this section, any administrator employed or designated on or after 3013
September 1, 1986, shall show evidence of, and any administrator 3014
employed or designated prior to September 1, 1986, shall show 3015
evidence within six years after such date of, at least one of the 3016
following: 3017

       (i) Two years of experience working as a child-care staff 3018
member in a center and at least four courses in child development 3019
or early childhood education from an accredited college, 3020
university, or technical college, except that a person who has two 3021
years of experience working as a child-care staff member in a 3022
particular center and who has been promoted to or designated as 3023
administrator of that center shall have one year from the time the 3024
person was promoted to or designated as administrator to complete 3025
the required four courses; 3026

       (ii) Two years of training, including at least four courses 3027
in child development or early childhood education from an 3028
accredited college, university, or technical college; 3029

       (iii) A child development associate credential issued by the 3030
national child development associate credentialing commission; 3031

       (iv) An associate or higher degree in child development or 3032
early childhood education from an accredited college, technical 3033
college, or university, or a license designated for teaching in an 3034
associate teaching position in a preschool setting issued by the 3035
state board of education. 3036

       (5) All child-care staff members of a child day-care center 3037
shall be at least eighteen years of age, and shall furnish the 3038
director evidence of at least high school graduation or 3039
certification of high school equivalency by the state board of 3040
education or the appropriate agency of another state or evidence 3041
of completion of a training program approved by the department of 3042
job and family services or state board of education, except as 3043
follows: 3044

       (a) A child-care staff member may be less than eighteen years 3045
of age if the staff member is either of the following: 3046

       (i) A graduate of a two-year vocational child-care training 3047
program approved by the state board of education; 3048

       (ii) A student enrolled in the second year of a vocational 3049
child-care training program approved by the state board of 3050
education which leads to high school graduation, provided that the 3051
student performs the student's duties in the child day-care center 3052
under the continuous supervision of an experienced child-care 3053
staff member, receives periodic supervision from the vocational 3054
child-care training program teacher-coordinator in the student's 3055
high school, and meets all other requirements of this chapter and 3056
rules adopted pursuant to this chapter. 3057

       (b) A child-care staff member shall be exempt from the 3058
educational requirements of this division if the staff member: 3059

       (i) Prior to January 1, 1972, was employed or designated by a 3060
child day-care center and has been continuously employed since 3061
either by the same child day-care center employer or at the same 3062
child day-care center; or 3063

       (ii) Is a student enrolled in the second year of a vocational 3064
child-care training program approved by the state board of 3065
education which leads to high school graduation, provided that the 3066
student performs the student's duties in the child day-care center 3067
under the continuous supervision of an experienced child-care 3068
staff member, receives periodic supervision from the vocational 3069
child-care training program teacher-coordinator in the student's 3070
high school, and meets all other requirements of this chapter and 3071
rules adopted pursuant to this chapter. 3072

       (6) Every child care staff member of a child day-care center 3073
annually shall complete fifteen hours of inservice training in 3074
child development or early childhood education, child abuse 3075
recognition and prevention, first aid, and in prevention, 3076
recognition, and management of communicable diseases, until a 3077
total of forty-five hours of training has been completed, unless 3078
the staff member furnishes one of the following to the director: 3079

       (a) Evidence of an associate or higher degree in child 3080
development or early childhood education from an accredited 3081
college, university, or technical college; 3082

       (b) A license designated for teaching in an associate 3083
teaching position in a preschool setting issued by the state board 3084
of education; 3085

       (c) Evidence of a child development associate credential; 3086

       (d) Evidence of a preprimary credential from the American 3087
Montessori society or the association Montessori ~~international~~ 3088
internationale. For the purposes of division (B)(6) of this 3089
section, "hour" means sixty minutes. 3090

       (7) The administrator of each child day-care center shall 3091
prepare at least once annually and for each group of children at 3092
the center a roster of names and telephone numbers of parents, 3093
custodians, or guardians of each group of children attending the 3094
center and upon request shall furnish the roster for each group to 3095
the parents, custodians, or guardians of the children in that 3096
group. The administrator may prepare a roster of names and 3097
telephone numbers of all parents, custodians, or guardians of 3098
children attending the center and upon request shall furnish the 3099
roster to the parents, custodians, or guardians of the children 3100
who attend the center. The administrator shall not include in any 3101
roster the name or telephone number of any parent, custodian, or 3102
guardian who requests the administrator not to include the 3103
parent's, custodian's, or guardian's name or number and shall not 3104
furnish any roster to any person other than a parent, custodian, 3105
or guardian of a child who attends the center. 3106

       (C)(1) Each child day-care center shall have on the center 3107
premises and readily available at all times at least one 3108
child-care staff member who has completed a course in first aid 3109
and in prevention, recognition, and management of communicable 3110
diseases which is approved by the state department of health and a 3111
staff member who has completed a course in child abuse recognition 3112
and prevention training which is approved by the department of job 3113
and family services. 3114

       (2) The administrator of each child day-care center shall 3115
maintain enrollment, health, and attendance records for all 3116
children attending the center and health and employment records 3117
for all center employees. The records shall be confidential, 3118
except as otherwise provided in division (B)(7) of this section 3119
and except that they shall be disclosed by the administrator to 3120
the director upon request for the purpose of administering and 3121
enforcing this chapter and rules adopted pursuant to this chapter. 3122
Neither the center nor the licensee, administrator, or employees 3123
of the center shall be civilly or criminally liable in damages or 3124
otherwise for records disclosed to the director by the 3125
administrator pursuant to this division. It shall be a defense to 3126
any civil or criminal charge based upon records disclosed by the 3127
administrator to the director that the records were disclosed 3128
pursuant to this division. 3129

       (3)(a) Any parent who is the residential parent and legal 3130
custodian of a child enrolled in a child day-care center and any 3131
custodian or guardian of such a child shall be permitted unlimited 3132
access to the center during its hours of operation for the 3133
purposes of contacting their children, evaluating the care 3134
provided by the center, evaluating the premises of the center, or 3135
for other purposes approved by the director. A parent of a child 3136
enrolled in a child day-care center who is not the child's 3137
residential parent shall be permitted unlimited access to the 3138
center during its hours of operation for those purposes under the 3139
same terms and conditions under which the residential parent of 3140
that child is permitted access to the center for those purposes. 3141
However, the access of the parent who is not the residential 3142
parent is subject to any agreement between the parents and, to the 3143
extent described in division (C)(3)(b) of this section, is subject 3144
to any terms and conditions limiting the right of access of the 3145
parent who is not the residential parent, as described in division 3146
(I) of section 3109.051 of the Revised Code, that are contained in 3147
a parenting time order or decree issued under that section, 3148
section 3109.12 of the Revised Code, or any other provision of the 3149
Revised Code. 3150

       (b) If a parent who is the residential parent of a child has 3151
presented the administrator or the administrator's designee with a 3152
copy of a parenting time order that limits the terms and 3153
conditions under which the parent who is not the residential 3154
parent is to have access to the center, as described in division 3155
(I) of section 3109.051 of the Revised Code, the parent who is not 3156
the residential parent shall be provided access to the center only 3157
to the extent authorized in the order. If the residential parent 3158
has presented such an order, the parent who is not the residential 3159
parent shall be permitted access to the center only in accordance 3160
with the most recent order that has been presented to the 3161
administrator or the administrator's designee by the residential 3162
parent or the parent who is not the residential parent. 3163

       (c) Upon entering the premises pursuant to division (C)(3)(a) 3164
or (b) of this section, the parent who is the residential parent 3165
and legal custodian, the parent who is not the residential parent, 3166
or the custodian or guardian shall notify the administrator or the 3167
administrator's designee of the parent's, custodian's, or 3168
guardian's presence. 3169

       (D) The director of job and family services, in addition to 3170
the rules adopted under division (A) of this section, shall adopt 3171
rules establishing minimum requirements for child day-care 3172
centers. The rules shall include, but not be limited to, the 3173
requirements set forth in divisions (B) and (C) of this section. 3174
Except as provided in section 5104.07 of the Revised Code, the 3175
rules shall not change the square footage requirements of division 3176
(B)(1) or (2) of this section; the maximum number of children per 3177
child-care staff member and maximum group size requirements of 3178
division (B)(3) of this section; the educational and experience 3179
requirements of division (B)(4) of this section; the age, 3180
educational, and experience requirements of division (B)(5) of 3181
this section; the number of inservice training hours required 3182
under division (B)(6) of this section; or the requirement for at 3183
least annual preparation of a roster for each group of children of 3184
names and telephone numbers of parents, custodians, or guardians 3185
of each group of children attending the center that must be 3186
furnished upon request to any parent, custodian, or guardian of 3187
any child in that group required under division (B)(7) of this 3188
section; however, the rules shall provide procedures for 3189
determining compliance with those requirements. 3190

       (E)(1) When age groups are combined, the maximum number of 3191
children per child-care staff member shall be determined by the 3192
age of the youngest child in the group, except that when no more 3193
than one child thirty months of age or older receives services in 3194
a group in which all the other children are in the next older age 3195
group, the maximum number of children per child-care staff member 3196
and maximum group size requirements of the older age group 3197
established under division (B)(3) of this section shall apply. 3198

       (2) The maximum number of toddlers or preschool children per 3199
child-care staff member in a room where children are napping shall 3200
be twice the maximum number of children per child-care staff 3201
member established under division (B)(3) of this section if all 3202
the following criteria are met: 3203

       (a) At least one child-care staff member is present in the 3204
room. 3205

       (b) Sufficient child-care staff members are on the child 3206
day-care center premises to meet the maximum number of children 3207
per child-care staff member requirements established under 3208
division (B)(3) of this section. 3209

       (c) Naptime preparations are complete and all napping 3210
children are resting or sleeping on cots. 3211

       (d) The maximum number established under division (E)(2) of 3212
this section is in effect for no more than one and one-half hours 3213
during a twenty-four-hour day. 3214

       (F) The director of job and family services shall adopt rules 3215
pursuant to Chapter 119. of the Revised Code governing the 3216
operation of type A family day-care homes, including, but not 3217
limited to, parent cooperative type A homes, part-time type A 3218
homes, drop-in type A homes, and school child type A homes, which 3219
shall reflect the various forms of child care and the needs of 3220
children receiving child care. The rules shall include the 3221
following: 3222

       (1) Submission of a site plan and descriptive plan of 3223
operation to demonstrate how the type A home proposes to meet the 3224
requirements of this chapter and rules adopted pursuant to this 3225
chapter for the initial license application; 3226

       (2) Standards for ensuring that the physical surroundings of 3227
the type A home are safe and sanitary, including, but not limited 3228
to, the physical environment, the physical plant, and the 3229
equipment of the type A home; 3230

       (3) Standards for the supervision, care, and discipline of 3231
children receiving child care or publicly funded child care in the 3232
type A home; 3233

       (4) Standards for a program of activities, and for play 3234
equipment, materials, and supplies, to enhance the development of 3235
each child; however, any educational curricula, philosophies, and 3236
methodologies that are developmentally appropriate and that 3237
enhance the social, emotional, intellectual, and physical 3238
development of each child shall be permissible; 3239

       (5) Admissions policies and procedures, health care policies 3240
and procedures, including, but not limited to, procedures for the 3241
isolation of children with communicable diseases, first aid and 3242
emergency procedures, procedures for discipline and supervision of 3243
children, standards for the provision of nutritious meals and 3244
snacks, and procedures for screening children and employees, 3245
including, but not limited to, any necessary physical examinations 3246
and immunizations; 3247

       (6) Methods for encouraging parental participation in the 3248
type A home and methods for ensuring that the rights of children, 3249
parents, and employees are protected and that the responsibilities 3250
of parents and employees are met; 3251

       (7) Procedures for ensuring the safety and adequate 3252
supervision of children traveling off the premises of the type A 3253
home while under the care of a type A home employee; 3254

       (8) Procedures for record keeping, organization, and 3255
administration; 3256

       (9) Procedures for issuing, renewing, denying, and revoking a 3257
license that are not otherwise provided for in Chapter 119. of the 3258
Revised Code; 3259

       (10) Inspection procedures; 3260

       (11) Procedures and standards for setting initial and renewal 3261
license application fees; 3262

       (12) Procedures for receiving, recording, and responding to 3263
complaints about type A homes; 3264

       (13) Procedures for enforcing section 5104.04 of the Revised 3265
Code; 3266

       (14) A standard requiring the inclusion, on or after July 1, 3267
1987, of a current department of job and family services toll-free 3268
telephone number on each type A home provisional license or 3269
license which any person may use to report a suspected violation 3270
by the type A home of this chapter or rules adopted pursuant this 3271
chapter; 3272

       (15) Requirements for the training of administrators and 3273
child-care staff members in first aid, in prevention, recognition, 3274
and management of communicable diseases, and in child abuse 3275
recognition and prevention; 3276

       (16) Procedures to be used by licensees for checking the 3277
references of potential employees of type A homes and procedures 3278
to be used by the director for checking the references of 3279
applicants for licenses to operate type A homes; 3280

       (17) Standards providing for the special needs of children 3281
who are handicapped or who require treatment for health conditions 3282
while the child is receiving child care or publicly funded child 3283
care in the type A home; 3284

       (18) Standards for the maximum number of children per 3285
child-care staff member; 3286

       (19) Requirements for the amount of usable indoor floor space 3287
for each child; 3288

       (20) Requirements for safe outdoor play space; 3289

       (21) Qualifications and training requirements for 3290
administrators and for child-care staff members; 3291

       (22) Procedures for granting a parent who is the residential 3292
parent and legal custodian, or a custodian or guardian access to 3293
the type A home during its hours of operation; 3294

       (23) Standards for the preparation and distribution of a 3295
roster of parents, custodians, and guardians; 3296

       (24) Any other procedures and standards necessary to carry 3297
out this chapter. 3298

       (G) The director of job and family services shall adopt rules 3299
pursuant to Chapter 119. of the Revised Code governing the 3300
certification of type B family day-care homes. 3301

       (1) The rules shall include ~~procedures~~all of the following: 3302

       (a) Procedures, standards, and other necessary provisions for 3303
granting limited certification to type B family day-care homes 3304
that are operated by the following adult providers: 3305

       ~~(a)~~(i) Persons who provide child care for eligible children 3306
who are great-grandchildren, grandchildren, nieces, nephews, or 3307
siblings of the provider or for eligible children whose caretaker 3308
parent is a grandchild, child, niece, nephew, or sibling of the 3309
provider; 3310

       ~~(b)~~(ii) Persons who provide child care for eligible children 3311
all of whom are the children of the same caretaker parent.; 3312

       ~~The rules shall require, and shall include procedures~~(b) 3313
Procedures for the director to ensure, that type B ~~family day-care~~ 3314
homes that receive a limited certification provide child care to 3315
children in a safe and sanitary manner; 3316

       (c) Requirements for the type B home to notify parents with 3317
children in the type B home that the type B home is also certified 3318
as a foster home under section 5103.03 of the Revised Code. ~~With~~ 3319

       With regard to providers who apply for limited certification, 3320
a provider shall be granted a provisional limited certification on 3321
signing a declaration under oath attesting that the provider meets 3322
the standards for limited certification. Such provisional limited 3323
certifications shall remain in effect for no more than sixty 3324
calendar days and shall entitle the provider to offer publicly 3325
funded child care during the provisional period. Except as 3326
otherwise provided in division (G)(1) of this section, section 3327
5104.013 or 5104.09 of the Revised Code, or division (A)(2) of 3328
section 5104.11 of the Revised Code, prior to the expiration of 3329
the provisional limited certificate, a county department of job 3330
and family services shall inspect the home and shall grant limited 3331
certification to the provider if the provider meets the 3332
requirements of this division. Limited certificates remain valid 3333
for two years unless earlier revoked. Except as otherwise provided 3334
in division (G)(1) of this section, providers operating under 3335
limited certification shall be inspected annually. 3336

       If a provider is a person described in division (G)(1)(a)(i) 3337
of this section or a person described in division (G)(1)~~(b)~~(a)(ii) 3338
of this section who is a friend of the caretaker parent, the 3339
provider and the caretaker parent may verify in writing to the 3340
county department of job and family services that minimum health 3341
and safety requirements are being met in the home. Except as 3342
otherwise provided in section 5104.013 or 5104.09 or in division 3343
(A)(2) of section 5104.11 of the Revised Code, if such 3344
verification is provided, the county shall waive any inspection 3345
required by this chapter and grant limited certification to the 3346
provider. 3347

       (2) The rules shall provide for safeguarding the health, 3348
safety, and welfare of children receiving child care or publicly 3349
funded child care in a certified type B home and shall include the 3350
following: 3351

       (a) Standards for ensuring that the type B home and the 3352
physical surroundings of the type B home are safe and sanitary, 3353
including, but not limited to, physical environment, physical 3354
plant, and equipment; 3355

       (b) Standards for the supervision, care, and discipline of 3356
children receiving child care or publicly funded child care in the 3357
home; 3358

       (c) Standards for a program of activities, and for play 3359
equipment, materials, and supplies to enhance the development of 3360
each child; however, any educational curricula, philosophies, and 3361
methodologies that are developmentally appropriate and that 3362
enhance the social, emotional, intellectual, and physical 3363
development of each child shall be permissible; 3364

       (d) Admission policies and procedures, health care, first aid 3365
and emergency procedures, procedures for the care of sick 3366
children, procedures for discipline and supervision of children, 3367
nutritional standards, and procedures for screening children and 3368
authorized providers, including, but not limited to, any necessary 3369
physical examinations and immunizations; 3370

       (e) Methods of encouraging parental participation and 3371
ensuring that the rights of children, parents, and authorized 3372
providers are protected and the responsibilities of parents and 3373
authorized providers are met; 3374

       (f) Standards for the safe transport of children when under 3375
the care of authorized providers; 3376

       (g) Procedures for issuing, renewing, denying, refusing to 3377
renew, or revoking certificates; 3378

       (h) Procedures for the inspection of type B ~~family day-care~~ 3379
homes that require, at a minimum, that each type B ~~family day-care~~ 3380
home be inspected prior to certification to ensure that the home 3381
is safe and sanitary; 3382

       (i) Procedures for record keeping and evaluation; 3383

       (j) Procedures for receiving, recording, and responding to 3384
complaints; 3385

       (k) Standards providing for the special needs of children who 3386
are handicapped or who receive treatment for health conditions 3387
while the child is receiving child care or publicly funded child 3388
care in the type B home; 3389

       (l) Requirements for the amount of usable indoor floor space 3390
for each child; 3391

       (m) Requirements for safe outdoor play space; 3392

       (n) Qualification and training requirements for authorized 3393
providers; 3394

       (o) Procedures for granting a parent who is the residential 3395
parent and legal custodian, or a custodian or guardian access to 3396
the type B home during its hours of operation; 3397

       (p) Requirements for the type B home to notify parents with 3398
children in the type B home that the type B home is also certified 3399
as a foster home under section 5103.03 of the Revised Code; 3400

       (q) Any other procedures and standards necessary to carry out 3401
this chapter. 3402

       (H) The director shall adopt rules pursuant to Chapter 119. 3403
of the Revised Code governing the certification of in-home aides. 3404
The rules shall include procedures, standards, and other necessary 3405
provisions for granting limited certification to in-home aides who 3406
provide child care for eligible children who are 3407
great-grandchildren, grandchildren, nieces, nephews, or siblings 3408
of the in-home aide or for eligible children whose caretaker 3409
parent is a grandchild, child, niece, nephew, or sibling of the 3410
in-home aide. The rules shall require, and shall include 3411
procedures for the director to ensure, that in-home aides that 3412
receive a limited certification provide child care to children in 3413
a safe and sanitary manner. The rules shall provide for 3414
safeguarding the health, safety, and welfare of children receiving 3415
publicly funded child care in their own home and shall include the 3416
following: 3417

       (1) Standards for ensuring that the child's home and the 3418
physical surroundings of the child's home are safe and sanitary, 3419
including, but not limited to, physical environment, physical 3420
plant, and equipment; 3421

       (2) Standards for the supervision, care, and discipline of 3422
children receiving publicly funded child care in their own home; 3423

       (3) Standards for a program of activities, and for play 3424
equipment, materials, and supplies to enhance the development of 3425
each child; however, any educational curricula, philosophies, and 3426
methodologies that are developmentally appropriate and that 3427
enhance the social, emotional, intellectual, and physical 3428
development of each child shall be permissible; 3429

       (4) Health care, first aid, and emergency procedures, 3430
procedures for the care of sick children, procedures for 3431
discipline and supervision of children, nutritional standards, and 3432
procedures for screening children and in-home aides, including, 3433
but not limited to, any necessary physical examinations and 3434
immunizations; 3435

       (5) Methods of encouraging parental participation and 3436
ensuring that the rights of children, parents, and in-home aides 3437
are protected and the responsibilities of parents and in-home 3438
aides are met; 3439

       (6) Standards for the safe transport of children when under 3440
the care of in-home aides; 3441

       (7) Procedures for issuing, renewing, denying, refusing to 3442
renew, or revoking certificates; 3443

       (8) Procedures for inspection of homes of children receiving 3444
publicly funded child care in their own homes; 3445

       (9) Procedures for record keeping and evaluation; 3446

       (10) Procedures for receiving, recording, and responding to 3447
complaints; 3448

       (11) Qualifications and training requirements for in-home 3449
aides; 3450

       (12) Standards providing for the special needs of children 3451
who are handicapped or who receive treatment for health conditions 3452
while the child is receiving publicly funded child care in the 3453
child's own home; 3454

       (13) Any other procedures and standards necessary to carry 3455
out this chapter. 3456

       (I) To the extent that any rules adopted for the purposes of 3457
this section require a health care professional to perform a 3458
physical examination, the rules shall include as a health care 3459
professional a physician assistant, a clinical nurse specialist, a 3460
certified nurse practitioner, or a certified nurse-midwife. 3461

       (J)(1) The director of job and family services shall do all 3462
of the following: 3463

       (a) Send to each licensee notice of proposed rules governing 3464
the licensure of child day-care centers and type A homes; 3465

       (b) Give public notice of hearings regarding the rules to 3466
each licensee at least thirty days prior to the date of the public 3467
hearing, in accordance with section 119.03 of the Revised Code; 3468

       (c) At least thirty days before the effective date of a rule, 3469
provide, in either paper or electronic form, a copy of the adopted 3470
rule to each licensee. 3471

       (2) The director shall do all of the following: 3472

       (a) Send to each county director of job and family services a 3473
notice of proposed rules governing the certification of type B 3474
family homes and in-home aides that includes an internet web site 3475
address where the proposed rules can be viewed; 3476

       (b) Give public notice of hearings regarding the proposed 3477
rules not less than thirty days in advance; 3478

       (c) Provide to each county director of job and family 3479
services an electronic copy of each adopted rule at least 3480
forty-five days prior to the rule's effective date. 3481

       (3) The county director of job and family services shall send 3482
copies of proposed rules to each authorized provider and in-home 3483
aide and shall give public notice of hearings regarding the rules 3484
to each authorized provider and in-home aide at least thirty days 3485
prior to the date of the public hearing, in accordance with 3486
section 119.03 of the Revised Code. At least thirty days before 3487
the effective date of a rule, the county director of job and 3488
family services shall provide, in either paper or electronic form, 3489
copies of the adopted rule to each authorized provider and in-home 3490
aide. 3491

       (4) Additional copies of proposed and adopted rules shall be 3492
made available by the director of job and family services to the 3493
public on request at no charge. 3494

       (5) The director of job and family services shall recommend 3495
standards for imposing sanctions on persons and entities that are 3496
licensed or certified under this chapter and that violate any 3497
provision of this chapter. The standards shall be based on the 3498
scope and severity of the violations. The director shall provide 3499
copies of the recommendations to the governor, the speaker and 3500
minority leader of the house of representatives, and the president 3501
and minority leader of the senate and, on request, shall make 3502
copies available to the public. 3503

       (6) The director of job and family services shall adopt rules 3504
pursuant to Chapter 119. of the Revised Code that establish 3505
standards for the training of individuals whom any county 3506
department of job and family services employs, with whom any 3507
county department of job and family services contracts, or with 3508
whom the director of job and family services contracts, to inspect 3509
or investigate type B family day-care homes pursuant to section 3510
5104.11 of the Revised Code. The department shall provide training 3511
in accordance with those standards for individuals in the 3512
categories described in this division. 3513

       (K) The director of job and family services shall review all 3514
rules adopted pursuant to this chapter at least once every seven 3515
years. 3516

       (L) Notwithstanding any provision of the Revised Code, the 3517
director of job and family services shall not regulate in any way 3518
under this chapter or rules adopted pursuant to this chapter, 3519
instruction in religious or moral doctrines, beliefs, or values. 3520

       Sec. 5104.013. (A)(1) The director of job and family 3521
services, as part of the process of licensure of child day-care 3522
centers and type A family day-care homes, shall request the 3523
superintendent of the bureau of criminal identification and 3524
investigation to conduct a criminal records check with respect to 3525
the following persons: 3526

       (a) Any owner, licensee, or administrator of a child day-care 3527
center; 3528

       (b) Any owner, licensee, or administrator of a type A family 3529
day-care home and any person eighteen years of age or older who 3530
resides in a type A family day-care home. 3531

       (2) The director of a county department of job and family 3532
services, as part of the process of certification of type B family 3533
day-care homes, shall request the superintendent of the bureau of 3534
criminal identification and investigation to conduct a criminal 3535
records check with respect to any authorized provider of a 3536
certified type B family day-care home and any person eighteen 3537
years of age or older who resides in a certified type B family 3538
day-care home. 3539

       (3) ~~If the owner, licensee, administrator, or person eighteen~~ 3540
~~years of age or older who is the subject of a criminal records~~ 3541
~~check pursuant to division (A)(1) of this section, or the~~ 3542
~~authorized provider or person eighteen years of age or older who~~ 3543
~~is the subject of a criminal records check pursuant to division~~ 3544
~~(A)(2) of this section, does not present proof that the owner,~~ 3545
~~licensee, administrator, authorized provider, or person has been a~~ 3546
~~resident of this state for the five-year period immediately prior~~ 3547
~~to the date upon which the criminal records check is requested or~~ 3548
~~does not provide evidence that within that five-year period the~~ 3549
~~superintendent of the bureau of criminal identification and~~ 3550
~~investigation has requested information about the owner, licensee,~~ 3551
~~administrator, authorized provider, or person from the federal~~ 3552
~~bureau of investigation in a criminal records check, the~~The 3553
director shall request that the superintendent of the bureau of 3554
criminal identification and investigation obtain information from 3555
the federal bureau of investigation as a part of the criminal 3556
records check for the applicant at licensure, every other license 3557
renewal, certification, and every other certification renewal, as 3558
applicable. ~~If the owner, licensee, administrator, authorized~~ 3559
~~provider, or person presents proof that the owner, licensee,~~ 3560
~~administrator, authorized provider, or person has been a resident~~ 3561
~~of this state for that five-year period, the director may request~~ 3562
~~that the superintendent include information from the federal~~ 3563
~~bureau of investigation in the criminal records check.~~ 3564

       (B) The director of job and family services or the director 3565
of a county department of job and family services shall provide to 3566
each person for whom a criminal records check is required under 3567
this section a copy of the form prescribed pursuant to division 3568
(C)(1) of section 109.572 of the Revised Code and a standard 3569
impression sheet to obtain fingerprint impressions prescribed 3570
pursuant to division (C)(2) of that section, obtain the completed 3571
form and impression sheet from that person, and forward the 3572
completed form and impression sheet to the superintendent of the 3573
bureau of criminal identification and investigation. 3574

       (C) A person who receives pursuant to division (B) of this 3575
section a copy of the form and standard impression sheet described 3576
in that division and who is requested to complete the form and 3577
provide a set of fingerprint impressions shall complete the form 3578
or provide all the information necessary to complete the form and 3579
shall provide the impression sheet with the impressions of the 3580
person's fingerprints. If the person, upon request, fails to 3581
provide the information necessary to complete the form or fails to 3582
provide impressions of the person's fingerprints, the director may 3583
consider the failure as a reason to deny licensure or 3584
certification. 3585

       (D)~~(1)~~ Except as provided in rules adopted under division (G) 3586
of this section, the director of job and family services shall not 3587
grant a license to a child day-care center or type A family 3588
day-care home and a county director of job and family services 3589
shall not certify a type B family day-care home if a person for 3590
whom a criminal records check was required in connection with the 3591
center or home previously has been convicted of or pleaded guilty 3592
to any of the ~~following:~~ 3593

       ~~(a) A violation of section 2903.01, 2903.02, 2903.03,~~ 3594
~~2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,~~ 3595
~~2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,~~ 3596
~~2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,~~ 3597
~~2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,~~ 3598
~~2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,~~ 3599
~~2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,~~ 3600
~~2925.06, or 3716.11 of the Revised Code, a violation of section~~ 3601
~~2905.04 as it existed prior to July 1, 1996, a violation of~~ 3602
~~section 2919.23 of the Revised Code that would have been a~~ 3603
~~violation of section 2905.04 of the Revised Code as it existed~~ 3604
~~prior to July 1, 1996, had the violation been committed prior to~~ 3605
~~that date, a violation of section 2925.11 of the Revised Code that~~ 3606
~~is not a minor drug possession offense, or felonious sexual~~ 3607
~~penetration in violation of former section 2907.12 of the Revised~~ 3608
~~Code;~~ 3609

       ~~(b) A violation of an existing or former law of this state,~~ 3610
~~any other state, or the United States that is substantially~~ 3611
~~equivalent to any of the offenses or violations described in~~ 3612
~~division (D)(1)(a) of this section.~~ 3613

       ~~(2) In addition to the prohibition described in division~~ 3614
~~(D)(1) of this section, and except as provided in rules adopted~~ 3615
~~under division (G) of this section, the director shall not grant a~~ 3616
~~license to a child day-care center or type A family day-care home~~ 3617
~~and a county director shall not certify a type B family day-care~~ 3618
~~home if an owner, licensee, or administrator of a child day-care~~ 3619
~~center or type A family day-care home or an authorized provider of~~ 3620
~~a certified type B family day-care home previously has been~~ 3621
~~convicted of or pleaded guilty to any of the following:~~ 3622

       ~~(a) A violation of section 2913.02, 2913.03, 2913.04,~~ 3623
~~2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,~~ 3624
~~2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,~~ 3625
~~2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11,~~ 3626
~~2921.13, or 2923.01 of the Revised Code, a violation of section~~ 3627
~~2923.02 or 2923.03 of the Revised Code that relates to a crime~~ 3628
~~specified in this division or division (D)(1) of this section, or~~ 3629
~~a second violation of section 4511.19 of the Revised Code within~~ 3630
~~five years of the date of application for licensure or~~ 3631
~~certification.~~ 3632

       ~~(b) A violation of an existing or former law of this state,~~ 3633
~~any other state, or the United States that is substantially~~ 3634
~~equivalent to any of the offenses or violations described in~~ 3635
~~division (D)(2)(a) of this section~~violations described in 3636
division (A)(9) of section 109.572 of the Revised Code. 3637

       (E) Each child day-care center, type A family day-care home, 3638
and type B family day-care home shall pay to the bureau of 3639
criminal identification and investigation the fee prescribed 3640
pursuant to division (C)(3) of section 109.572 of the Revised Code 3641
for each criminal records check conducted in accordance with that 3642
section upon a request made pursuant to division (A) of this 3643
section. 3644

       (F) The report of any criminal records check conducted by the 3645
bureau of criminal identification and investigation in accordance 3646
with section 109.572 of the Revised Code and pursuant to a request 3647
made under division (A) of this section is not a public record for 3648
the purposes of section 149.43 of the Revised Code and shall not 3649
be made available to any person other than the person who is the 3650
subject of the criminal records check or the person's 3651
representative, the director of job and family services, the 3652
director of a county department of job and family services, the 3653
center, type A home, or type B home involved, and any court, 3654
hearing officer, or other necessary individual involved in a case 3655
dealing with a denial of licensure or certification related to the 3656
criminal records check. 3657

       (G) The director of job and family services shall adopt rules 3658
pursuant to Chapter 119. of the Revised Code to implement this 3659
section, including rules specifying exceptions to the prohibition 3660
in division (D) of this section for persons who have been 3661
convicted of an offense listed in that division but who meet 3662
standards in regard to rehabilitation set by the department. 3663

       (H) As used in this section: 3664

       ~~(1) "Criminal~~, "criminal records check" has the same meaning 3665
as in section 109.572 of the Revised Code. 3666

       ~~(2) "Minor drug possession offense" has the same meaning as~~ 3667
~~in section 2925.01 of the Revised Code.~~ 3668

       Sec. 5104.022. The department of job and family services 3669
shall not license a prospective type A family day-care home if 3670
that prospective family day-care home is certified to be a foster 3671
home or specialized foster home pursuant to Chapter 5103. of the 3672
Revised Code. A county department of job and family services shall 3673
not certify a prospective type B family day-care home if that 3674
prospective family day-care home is certified to be a specialized 3675
foster home pursuant to Chapter 5103. of the Revised Code. 3676

       Sec. 5104.30. (A) The department of job and family services 3677
is hereby designated as the state agency responsible for 3678
administration and coordination of federal and state funding for 3679
publicly funded child care in this state. Publicly funded child 3680
care shall be provided to the following: 3681

       (1) Recipients of transitional child care as provided under 3682
section 5104.34 of the Revised Code; 3683

       (2) Participants in the Ohio works first program established 3684
under Chapter 5107. of the Revised Code; 3685

       (3) Individuals who would be participating in the Ohio works 3686
first program if not for a sanction under section 5107.16 of the 3687
Revised Code and who continue to participate in a work activity, 3688
developmental activity, or alternative work activity pursuant to 3689
an assignment under section 5107.42 of the Revised Code; 3690

       (4) A family receiving publicly funded child care on October 3691
1, 1997, until the family's income reaches one hundred fifty per 3692
cent of the federal poverty line; 3693

       (5) Subject to available funds, other individuals determined 3694
eligible in accordance with rules adopted under section 5104.38 of 3695
the Revised Code. 3696

       The department shall apply to the United States department of 3697
health and human services for authority to operate a coordinated 3698
program for publicly funded child care, if the director of job and 3699
family services determines that the application is necessary. For 3700
purposes of this section, the department of job and family 3701
services may enter into agreements with other state agencies that 3702
are involved in regulation or funding of child care. The 3703
department shall consider the special needs of migrant workers 3704
when it administers and coordinates publicly funded child care and 3705
shall develop appropriate procedures for accommodating the needs 3706
of migrant workers for publicly funded child care. 3707

       (B) The department of job and family services shall 3708
distribute state and federal funds for publicly funded child care, 3709
including appropriations of state funds for publicly funded child 3710
care and appropriations of federal funds available under the child 3711
care block grant act, Title IV-A, and Title XX. The department may 3712
use any state funds appropriated for publicly funded child care as 3713
the state share required to match any federal funds appropriated 3714
for publicly funded child care. 3715

       (C) In the use of federal funds available under the child 3716
care block grant act, all of the following apply: 3717

       (1) The department may use the federal funds to hire staff to 3718
prepare any rules required under this chapter and to administer 3719
and coordinate federal and state funding for publicly funded child 3720
care. 3721

       (2) Not more than five per cent of the aggregate amount of 3722
the federal funds received for a fiscal year may be expended for 3723
administrative costs. 3724

       (3) The department shall allocate and use at least four per 3725
cent of the federal funds for the following: 3726

       (a) Activities designed to provide comprehensive consumer 3727
education to parents and the public; 3728

       (b) Activities that increase parental choice; 3729

       (c) Activities, including child care resource and referral 3730
services, designed to improve the quality, and increase the 3731
supply, of child care. 3732

       (4) The department shall ensure that the federal funds will 3733
be used only to supplement, and will not be used to supplant, 3734
federal, state, and local funds available on the effective date of 3735
the child care block grant act for publicly funded child care and 3736
related programs. A county department of job and family services 3737
may purchase child care from funds obtained through any other 3738
means. 3739

       (D) The department shall encourage the development of 3740
suitable child care throughout the state, especially in areas with 3741
high concentrations of recipients of public assistance and 3742
families with low incomes. The department shall encourage the 3743
development of suitable child care designed to accommodate the 3744
special needs of migrant workers. On request, the department, 3745
through its employees or contracts with state or community child 3746
care resource and referral service organizations, shall provide 3747
consultation to groups and individuals interested in developing 3748
child care. The department of job and family services may enter 3749
into interagency agreements with the department of education, the 3750
board of regents, the department of development, and other state 3751
agencies and entities whenever the cooperative efforts of the 3752
other state agencies and entities are necessary for the department 3753
of job and family services to fulfill its duties and 3754
responsibilities under this chapter. 3755

       The department shall develop and maintain a registry of 3756
persons providing child care. The director shall adopt rules 3757
pursuant to Chapter 119. of the Revised Code establishing 3758
procedures and requirements for the registry's administration. 3759

       (E)(1) The director shall adopt rules in accordance with 3760
Chapter 119. of the Revised Code establishing both of the 3761
following: 3762

       (a) Reimbursement ceilings for providers of publicly funded 3763
child care; 3764

       (b) A procedure for reimbursing and paying providers of 3765
publicly funded child care. 3766

       (2) In establishing reimbursement ceilings under division 3767
(E)(1)(a) of this section, the director shall do all of the 3768
following: 3769

       (a) Use the information obtained under division (B)(3) of 3770
section 5104.04 of the Revised Code; 3771

       (b) Establish an enhanced reimbursement ceiling for providers 3772
who provide child care for caretaker parents who work 3773
nontraditional hours; 3774

       (c) For a type B family day-care home provider that has 3775
received limited certification pursuant to rules adopted under 3776
division (G)(1) of section 5104.011 of the Revised Code, establish 3777
a reimbursement ceiling that is the following: 3778

        (i) If the provider is a person described in division 3779
(G)(1)(a)(i) of section 5104.011 of the Revised Code, seventy-five 3780
per cent of the reimbursement ceiling that applies to a type B 3781
family day-care home certified by the same county department of 3782
job and family services pursuant to section 5104.11 of the Revised 3783
Code; 3784

       (ii) If the provider is a person described in division 3785
(G)(1)~~(b)~~(a)(ii) of section 5104.011 of the Revised Code, sixty 3786
per cent of the reimbursement ceiling that applies to a type B 3787
family day-care home certified by the same county department 3788
pursuant to section 5104.11 of the Revised Code. 3789

       (3) In establishing reimbursement ceilings under division 3790
(E)(1)(a) of this section, the director may establish different 3791
reimbursement ceilings based on any of the following: 3792

        (a) Geographic location of the provider; 3793

        (b) Type of care provided; 3794

        (c) Age of the child served; 3795

        (d) Special needs of the child served; 3796

        (e) Whether the expanded hours of service are provided; 3797

        (f) Whether weekend service is provided; 3798

        (g) Whether the provider has exceeded the minimum 3799
requirements of state statutes and rules governing child care; 3800

        (h) Any other factors the director considers appropriate. 3801

       Section 2. That existing sections 109.57, 109.572, 109.60, 3802
109.99, 2151.413, 2151.414, 2151.419, 2151.421, 2151.86, 3107.14, 3803
5101.132, 5101.134, 5103.03, 5103.16, 5103.18, 5104.011, 5104.013, 3804
and 5104.30 of the Revised Code are hereby repealed. 3805

       Section 3. (A) Not later than thirty days after the effective 3806
date of this act, the Director of Job and Family Services shall 3807
convene a work group to study and make recommendations to the 3808
Director regarding both of the following: 3809

       (1) Support for positive child and family outcomes offered to 3810
public children services agencies, private child placing agencies, 3811
and private noncustodial agencies by the Department of Job and 3812
Family Services; 3813

       (2) The establishment of fines and sanctions for public 3814
children services agencies, private child placing agencies, and 3815
private noncustodial agencies that do not comply with foster care 3816
related laws or rules. 3817

       (B) The work group shall include representatives of public 3818
children services agencies, private child placing agencies, 3819
private noncustodial agencies, the Ohio Family Care Association, 3820
the Ohio Association of Child Caring Agencies, the Public Children 3821
Services Association of Ohio, the Ohio Job and Family Services 3822
Directors' Association, the County Commissioners' Association of 3823
Ohio, foster caregivers, and current and former foster children. 3824

       (C) The work group shall prepare a report that contains 3825
recommendations regarding Department support for local agencies 3826
and the establishment of fines and sanctions either in law, rule, 3827
or both. The work group shall submit the report not later than 3828
June 30, 2008, to the Director. The Director shall review the 3829
recommendations and create an executive summary of the 3830
recommendations and submit the summary to the Governor, the 3831
Speaker of the House of Representatives, and the President of the 3832
Senate. The work group shall cease to exist upon submission of the 3833
executive summary. 3834

       Section 4. Section 109.572 of the Revised Code is presented 3835
in this act as a composite of the section as amended by both Am. 3836
Sub. S.B. 185 and Am. Sub. S.B. 238 of the 126th General Assembly. 3837
Section 2151.86 of the Revised Code is presented in this act as a 3838
composite of the section as amended by both Am. Sub. H.B. 106 and 3839
Am. Sub. H.B. 117 of the 125th General Assembly. The General 3840
Assembly, applying the principle stated in division (B) of section 3841
1.52 of the Revised Code that amendments are to be harmonized if 3842
reasonably capable of simultaneous operation, finds that the 3843
composites are the resulting versions of the sections in effect 3844
prior to the effective date of the sections as presented in this 3845
act. 3846

Section 1. That sections 109.57, 109.572, 109.60, 109.99,	11
2151.413, 2151.414, 2151.419, 2151.421, 2151.86, 3107.14,	12
5101.132, 5101.134, 5103.03, 5103.16, 5103.18, 5104.011, 5104.013,	13
and 5104.30 be amended and sections 109.581, 1901.43, 1907.181,	14
2301.10, 5101.32, 5103.0328, and 5104.022 of the Revised Code be	15
enacted to read as follows:	16

Sec. 109.57. (A)(1) The superintendent of the bureau of	17
criminal identification and investigation shall procure from	18
wherever procurable and file for record photographs, pictures,	19
descriptions, fingerprints, measurements, and other information	20
that may be pertinent of all persons who have been convicted of	21
committing within this state a felony, any crime constituting a	22
misdemeanor on the first offense and a felony on subsequent	23
offenses, or any misdemeanor described in division (A)(1)(a) or	24
(A)(10)(a) of section 109.572 of the Revised Code, of all children	25
under eighteen years of age who have been adjudicated delinquent	26
children for committing within this state an act that would be a	27
felony or an offense of violence if committed by an adult or who	28
have been convicted of or pleaded guilty to committing within this	29
state a felony or an offense of violence, and of all well-known	30
and habitual criminals. The person in charge of any county,	31
multicounty, municipal, municipal-county, or multicounty-municipal	32
jail or workhouse, community-based correctional facility, halfway	33
house, alternative residential facility, or state correctional	34
institution and the person in charge of any state institution	35
having custody of a person suspected of having committed a felony,	36
any crime constituting a misdemeanor on the first offense and a	37
felony on subsequent offenses, or any misdemeanor described in	38
division (A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised	39
Code or having custody of a child under eighteen years of age with	40
respect to whom there is probable cause to believe that the child	41
may have committed an act that would be a felony or an offense of	42
violence if committed by an adult shall furnish such material to	43
the superintendent of the bureau. Fingerprints, photographs, or	44
other descriptive information of a child who is under eighteen	45
years of age, has not been arrested or otherwise taken into	46
custody for committing an act that would be a felony or an offense	47
of violence if committed by an adult, has not been adjudicated a	48
delinquent child for committing an act that would be a felony or	49
an offense of violence if committed by an adult, has not been	50
convicted of or pleaded guilty to committing a felony or an	51
offense of violence, and is not a child with respect to whom there	52
is probable cause to believe that the child may have committed an	53
act that would be a felony or an offense of violence if committed	54
by an adult shall not be procured by the superintendent or	55
furnished by any person in charge of any county, multicounty,	56
municipal, municipal-county, or multicounty-municipal jail or	57
workhouse, community-based correctional facility, halfway house,	58
alternative residential facility, or state correctional	59
institution, except as authorized in section 2151.313 of the	60
Revised Code.	61

(2) Every clerk of a court of record in this state, other	62
than the supreme court or a court of appeals, shall send to the	63
superintendent of the bureau a weekly report containing a summary	64
of each case involving a felony, involving any crime constituting	65
a misdemeanor on the first offense and a felony on subsequent	66
offenses, involving a misdemeanor described in division (A)(1)(a)	67
or (A)(10)(a) of section 109.572 of the Revised Code, or involving	68
an adjudication in a case in which a child under eighteen years of	69
age was alleged to be a delinquent child for committing an act	70
that would be a felony or an offense of violence if committed by	71
an adult. The clerk of the court of common pleas shall include in	72
the report and summary the clerk sends under this division all	73
information described in divisions (A)(2)(a) to (f) of this	74
section regarding a case before the court of appeals that is	75
served by that clerk. The summary shall be written on the standard	76
forms furnished by the superintendent pursuant to division (B) of	77
this section and shall include the following information:	78

(a) The incident tracking number contained on the standard	79
forms furnished by the superintendent pursuant to division (B) of	80
this section;	81

(d) The date that the person was convicted of or pleaded	84
guilty to the offense, adjudicated a delinquent child for	85
committing the act that would be a felony or an offense of	86
violence if committed by an adult, found not guilty of the	87
offense, or found not to be a delinquent child for committing an	88
act that would be a felony or an offense of violence if committed	89
by an adult, the date of an entry dismissing the charge, an entry	90
declaring a mistrial of the offense in which the person is	91
discharged, an entry finding that the person or child is not	92
competent to stand trial, or an entry of a nolle prosequi, or the	93
date of any other determination that constitutes final resolution	94
of the case;	95

(e) A statement of the original charge with the section of	96
the Revised Code that was alleged to be violated;	97

(f) If the person or child was convicted, pleaded guilty, or	98
was adjudicated a delinquent child, the sentence or terms of	99
probation imposed or any other disposition of the offender or the	100
delinquent child.	101

If the offense involved the disarming of a law enforcement	102
officer or an attempt to disarm a law enforcement officer, the	103
clerk shall clearly state that fact in the summary, and the	104
superintendent shall ensure that a clear statement of that fact is	105
placed in the bureau's records.	106

(3) The superintendent shall cooperate with and assist	107
sheriffs, chiefs of police, and other law enforcement officers in	108
the establishment of a complete system of criminal identification	109
and in obtaining fingerprints and other means of identification of	110
all persons arrested on a charge of a felony, any crime	111
constituting a misdemeanor on the first offense and a felony on	112
subsequent offenses, or a misdemeanor described in division	113
(A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised Code and	114
of all children under eighteen years of age arrested or otherwise	115
taken into custody for committing an act that would be a felony or	116
an offense of violence if committed by an adult. The	117
superintendent also shall file for record the fingerprint	118
impressions of all persons confined in a county, multicounty,	119
municipal, municipal-county, or multicounty-municipal jail or	120
workhouse, community-based correctional facility, halfway house,	121
alternative residential facility, or state correctional	122
institution for the violation of state laws and of all children	123
under eighteen years of age who are confined in a county,	124
multicounty, municipal, municipal-county, or multicounty-municipal	125
jail or workhouse, community-based correctional facility, halfway	126
house, alternative residential facility, or state correctional	127
institution or in any facility for delinquent children for	128
committing an act that would be a felony or an offense of violence	129
if committed by an adult, and any other information that the	130
superintendent may receive from law enforcement officials of the	131
state and its political subdivisions.	132

(4) The superintendent shall carry out Chapter 2950. of the	133
Revised Code with respect to the registration of persons who are	134
convicted of or plead guilty to either a sexually oriented offense	135
that is not a registration-exempt sexually oriented offense or a	136
child-victim oriented offense and with respect to all other duties	137
imposed on the bureau under that chapter.	138

(5) The bureau shall perform centralized recordkeeping	139
functions for criminal history records and services in this state	140
for purposes of the national crime prevention and privacy compact	141
set forth in section 109.571 of the Revised Code and is the	142
criminal history record repository as defined in that section for	143
purposes of that compact. The superintendent or the	144
superintendent's designee is the compact officer for purposes of	145
that compact and shall carry out the responsibilities of the	146
compact officer specified in that compact.	147

(B) The superintendent shall prepare and furnish to every	148
county, multicounty, municipal, municipal-county, or	149
multicounty-municipal jail or workhouse, community-based	150
correctional facility, halfway house, alternative residential	151
facility, or state correctional institution and to every clerk of	152
a court in this state specified in division (A)(2) of this section	153
standard forms for reporting the information required under	154
division (A) of this section. The standard forms that the	155
superintendent prepares pursuant to this division may be in a	156
tangible format, in an electronic format, or in both tangible	157
formats and electronic formats.	158

(C) The superintendent may operate a center for electronic,	159
automated, or other data processing for the storage and retrieval	160
of information, data, and statistics pertaining to criminals and	161
to children under eighteen years of age who are adjudicated	162
delinquent children for committing an act that would be a felony	163
or an offense of violence if committed by an adult, criminal	164
activity, crime prevention, law enforcement, and criminal justice,	165
and may establish and operate a statewide communications network	166
to gather and disseminate information, data, and statistics for	167
the use of law enforcement agencies. The superintendent may	168
gather, store, retrieve, and disseminate information, data, and	169
statistics that pertain to children who are under eighteen years	170
of age and that are gathered pursuant to sections 109.57 to 109.61	171
of the Revised Code together with information, data, and	172
statistics that pertain to adults and that are gathered pursuant	173
to those sections. In addition to any other authorized use of	174
information, data, and statistics of that nature, the	175
superintendent or the superintendent's designee may provide and	176
exchange the information, data, and statistics pursuant to the	177
national crime prevention and privacy compact as described in	178
division (A)(5) of this section.	179

(D) The information and materials furnished to the	180
superintendent pursuant to division (A) of this section and	181
information and materials furnished to any board or person under	182
division (F) or (G) of this section are not public records under	183
section 149.43 of the Revised Code.	184

(E) The attorney general shall adopt rules, in accordance	185
with Chapter 119. of the Revised Code, setting forth the procedure	186
by which a person may receive or release information gathered by	187
the superintendent pursuant to division (A) of this section. A	188
reasonable fee may be charged for this service. If a temporary	189
employment service submits a request for a determination of	190
whether a person the service plans to refer to an employment	191
position has been convicted of or pleaded guilty to an offense	192
listed in division (A)(1), (3), (4), (5), or (6) of section	193
109.572 of the Revised Code, the request shall be treated as a	194
single request and only one fee shall be charged.	195

(F)(1) As used in division (F)(2) of this section, "head	196
start agency" means an entity in this state that has been approved	197
to be an agency for purposes of subchapter II of the "Community	198
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	199
as amended.	200

(2)(a) In addition to or in conjunction with any request that	201
is required to be made under section 109.572, 2151.86, 3301.32,	202
3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5123.081,	203
5126.28, 5126.281, or 5153.111 of the Revised Code, the board of	204
education of any school district; the director of mental	205
retardation and developmental disabilities; any county board of	206
mental retardation and developmental disabilities; any entity	207
under contract with a county board of mental retardation and	208
developmental disabilities; the chief administrator of any	209
chartered nonpublic school; the chief administrator of any home	210
health agency; the chief administrator of or person operating any	211
child day-care center, type A family day-care home, or type B	212
family day-care home licensed or certified under Chapter 5104. of	213
the Revised Code; the administrator of any type C family day-care	214
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	215
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	216
general assembly; the chief administrator of any head start	217
agency; or the executive director of a public children services	218
agency may request that the superintendent of the bureau	219
investigate and determine, with respect to any individual who has	220
applied for employment in any position after October 2, 1989, or	221
any individual wishing to apply for employment with a board of	222
education may request, with regard to the individual, whether the	223
bureau has any information gathered under division (A) of this	224
section that pertains to that individual. On receipt of the	225
request, the superintendent shall determine whether that	226
information exists and, upon request of the person, board, or	227
entity requesting information, also shall request from the federal	228
bureau of investigation any criminal records it has pertaining to	229
that individual. The superintendent or the superintendent's	230
designee also may request criminal history records from other	231
states or the federal government pursuant to the national crime	232
prevention and privacy compact set forth in section 109.571 of the	233
Revised Code. Within thirty days of the date that the	234
superintendent receives a request, the superintendent shall send	235
to the board, entity, or person a report of any information that	236
the superintendent determines exists, including information	237
contained in records that have been sealed under section 2953.32	238
of the Revised Code, and, within thirty days of its receipt, shall	239
send the board, entity, or person a report of any information	240
received from the federal bureau of investigation, other than	241
information the dissemination of which is prohibited by federal	242
law.	243

(b) When a board of education is required to receive	244
information under this section as a prerequisite to employment of	245
an individual pursuant to section 3319.39 of the Revised Code, it	246
may accept a certified copy of records that were issued by the	247
bureau of criminal identification and investigation and that are	248
presented by an individual applying for employment with the	249
district in lieu of requesting that information itself. In such a	250
case, the board shall accept the certified copy issued by the	251
bureau in order to make a photocopy of it for that individual's	252
employment application documents and shall return the certified	253
copy to the individual. In a case of that nature, a district only	254
shall accept a certified copy of records of that nature within one	255
year after the date of their issuance by the bureau.	256

(3) The state board of education may request, with respect to	257
any individual who has applied for employment after October 2,	258
1989, in any position with the state board or the department of	259
education, any information that a school district board of	260
education is authorized to request under division (F)(2) of this	261
section, and the superintendent of the bureau shall proceed as if	262
the request has been received from a school district board of	263
education under division (F)(2) of this section.	264

(4) When the superintendent of the bureau receives a request	265
for information under section 3319.291 of the Revised Code, the	266
superintendent shall proceed as if the request has been received	267
from a school district board of education under division (F)(2) of	268
this section.	269

(5) When a recipient of a classroom reading improvement grant	270
paid under section 3301.86 of the Revised Code requests, with	271
respect to any individual who applies to participate in providing	272
any program or service funded in whole or in part by the grant,	273
the information that a school district board of education is	274
authorized to request under division (F)(2)(a) of this section,	275
the superintendent of the bureau shall proceed as if the request	276
has been received from a school district board of education under	277
division (F)(2)(a) of this section.	278

(G) In addition to or in conjunction with any request that is	279
required to be made under section 3701.881, 3712.09, 3721.121, or	280
3722.151 of the Revised Code with respect to an individual who has	281
applied for employment in a position that involves providing	282
direct care to an older adult, the chief administrator of a home	283
health agency, hospice care program, home licensed under Chapter	284
3721. of the Revised Code, adult day-care program operated	285
pursuant to rules adopted under section 3721.04 of the Revised	286
Code, or adult care facility may request that the superintendent	287
of the bureau investigate and determine, with respect to any	288
individual who has applied after January 27, 1997, for employment	289
in a position that does not involve providing direct care to an	290
older adult, whether the bureau has any information gathered under	291
division (A) of this section that pertains to that individual.	292

In addition to or in conjunction with any request that is	293
required to be made under section 173.27 of the Revised Code with	294
respect to an individual who has applied for employment in a	295
position that involves providing ombudsperson services to	296
residents of long-term care facilities or recipients of	297
community-based long-term care services, the state long-term care	298
ombudsperson, ombudsperson's designee, or director of health may	299
request that the superintendent investigate and determine, with	300
respect to any individual who has applied for employment in a	301
position that does not involve providing such ombudsperson	302
services, whether the bureau has any information gathered under	303
division (A) of this section that pertains to that applicant.	304

In addition to or in conjunction with any request that is	305
required to be made under section 173.394 of the Revised Code with	306
respect to an individual who has applied for employment in a	307
position that involves providing direct care to an individual, the	308
chief administrator of a community-based long-term care agency may	309
request that the superintendent investigate and determine, with	310
respect to any individual who has applied for employment in a	311
position that does not involve providing direct care, whether the	312
bureau has any information gathered under division (A) of this	313
section that pertains to that applicant.	314

On receipt of a request under this division, the	315
superintendent shall determine whether that information exists	316
and, on request of the individual requesting information, shall	317
also request from the federal bureau of investigation any criminal	318
records it has pertaining to the applicant. The superintendent or	319
the superintendent's designee also may request criminal history	320
records from other states or the federal government pursuant to	321
the national crime prevention and privacy compact set forth in	322
section 109.571 of the Revised Code. Within thirty days of the	323
date a request is received, the superintendent shall send to the	324
requester a report of any information determined to exist,	325
including information contained in records that have been sealed	326
under section 2953.32 of the Revised Code, and, within thirty days	327
of its receipt, shall send the requester a report of any	328
information received from the federal bureau of investigation,	329
other than information the dissemination of which is prohibited by	330
federal law.	331

(H) Information obtained by a government entity or person	332
under this section is confidential and shall not be released or	333
disseminated.	334

(I) The superintendent may charge a reasonable fee for	335
providing information or criminal records under division (F)(2) or	336
(G) of this section.	337

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	338
section 121.08, 3301.32, 3301.541, or 3319.39~~, 5104.012, or~~	339
~~5104.013~~ of the Revised Code, a completed form prescribed pursuant	340
to division (C)(1) of this section, and a set of fingerprint	341
impressions obtained in the manner described in division (C)(2) of	342
this section, the superintendent of the bureau of criminal	343
identification and investigation shall conduct a criminal records	344
check in the manner described in division (B) of this section to	345
determine whether any information exists that indicates that the	346
person who is the subject of the request previously has been	347
convicted of or pleaded guilty to any of the following:	348

(a) A violation of section 2903.01, 2903.02, 2903.03,	349
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	350
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	351
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	352
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	353
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	354
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	355
2925.06, or 3716.11 of the Revised Code, felonious sexual	356
penetration in violation of former section 2907.12 of the Revised	357
Code, a violation of section 2905.04 of the Revised Code as it	358
existed prior to July 1, 1996, a violation of section 2919.23 of	359
the Revised Code that would have been a violation of section	360
2905.04 of the Revised Code as it existed prior to July 1, 1996,	361
had the violation been committed prior to that date, or a	362
violation of section 2925.11 of the Revised Code that is not a	363
minor drug possession offense;	364

(b) A violation of an existing or former law of this state,	365
any other state, or the United States that is substantially	366
equivalent to any of the offenses listed in division (A)(1)(a) of	367
this section.	368