As Passed by the House

127th General Assembly Regular Session 2007-2008

Sub. S. B. No. 163

Senator Niehaus 

Cosponsors: Senators Cates, Kearney, Austria, Clancy, Schuring, Padgett, Sawyer, Schaffer, Carey, Coughlin, Faber, Fedor, Gardner, Grendell, Harris, Mason, Miller, D., Roberts, Schuler, Spada, Stivers, Mumper, Miller, R., Jacobson 

Representatives Uecker, Bolon, Boyd, Celeste, Chandler, Combs, Domenick, Dyer, Evans, Flowers, Heard, Jones, Letson, Mallory, Setzer, Wagner, White 

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A BILL

To amend sections 109.57, 109.572, 109.5721, 109.60,

1

2151.413, 2151.414, 2151.417, 2151.419, 2151.421,

2

2151.424, 2151.86, 3107.033, 3107.034, 3107.14,

3

5101.13, 5101.132, 5101.134, 5103.03, 5103.0319,

4

5103.0326, 5103.16, 5103.18, 5104.011, 5104.012,

5

5104.013, 5104.09, and 5104.30 and to enact

6

sections 1901.43, 1907.181, 2301.10, 3107.066,

7

5101.32, 5103.0328, and 5104.022 of the Revised

8

Code and to amend Section 309.50.60 of Am. Sub.

9

H.B. 119 of the 127th General Assembly to improve

10

foster caregiver background checks, clarify when

11

a court must order a person to be fingerprinted,

12

modify the retained applicant fingerprint

13

database, remove the requirement that the Ohio

14

Department of Mental Health conduct a study of

15

children placed using the child placement level of

16

care tool, and make other changes in the law

17

regarding approval of out-of-home care workers,

18

adoptive parents, foster caregivers, and child

19

day-cares.

20

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

Section 1. That sections 109.57, 109.572, 109.5721, 109.60,	21
2151.413, 2151.414, 2151.417, 2151.419, 2151.421, 2151.424,	22
2151.86, 3107.033, 3107.034, 3107.14, 5101.13, 5101.132,	23
5101.134, 5103.03, 5103.0319, 5103.0326, 5103.16, 5103.18,	24
5104.011, 5104.012, 5104.013, 5104.09, and 5104.30 be amended	25
and that sections 1901.43, 1907.181, 2301.10, 3107.066, 5101.32,	26
5103.0328, and 5104.022 of the Revised Code be enacted to read	27
as follows:	28

Sec. 109.57.  (A)(1) The superintendent of the bureau of	29
criminal identification and investigation shall procure from	30
wherever procurable and file for record photographs, pictures,	31
descriptions, fingerprints, measurements, and other information	32
that may be pertinent of all persons who have been convicted of	33
committing within this state a felony, any crime constituting a	34
misdemeanor on the first offense and a felony on subsequent	35
offenses, or any misdemeanor described in division (A)(1)(a),	36
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	37
of all children under eighteen years of age who have been	38
adjudicated delinquent children for committing within this state	39
an act that would be a felony or an offense of violence if	40
committed by an adult or who have been convicted of or pleaded	41
guilty to committing within this state a felony or an offense of	42
violence, and of all well-known and habitual criminals. The	43
person in charge of any county, multicounty, municipal,	44
municipal-county, or multicounty-municipal jail or workhouse,	45
community-based correctional facility, halfway house, alternative	46
residential facility, or state correctional institution and the	47
person in charge of any state institution having custody of a	48
person suspected of having committed a felony, any crime	49
constituting a misdemeanor on the first offense and a felony on	50
subsequent offenses, or any misdemeanor described in division	51
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	52
Revised Code or having custody of a child under eighteen years of	53
age with respect to whom there is probable cause to believe that	54
the child may have committed an act that would be a felony or an	55
offense of violence if committed by an adult shall furnish such	56
material to the superintendent of the bureau. Fingerprints,	57
photographs, or other descriptive information of a child who is	58
under eighteen years of age, has not been arrested or otherwise	59
taken into custody for committing an act that would be a felony	60
or an offense of violence who is not in any other category of	61
child specified in this division, if committed by an adult, has	62
not been adjudicated a delinquent child for committing an act	63
that would be a felony or an offense of violence if committed by	64
an adult, has not been convicted of or pleaded guilty to	65
committing a felony or an offense of violence, and is not a child	66
with respect to whom there is probable cause to believe that the	67
child may have committed an act that would be a felony or an	68
offense of violence if committed by an adult shall not be	69
procured by the superintendent or furnished by any person in	70
charge of any county, multicounty, municipal, municipal-county,	71
or multicounty-municipal jail or workhouse, community-based	72
correctional facility, halfway house, alternative residential	73
facility, or state correctional institution, except as authorized	74
in section 2151.313 of the Revised Code.	75

(2) Every clerk of a court of record in this state, other	76
than the supreme court or a court of appeals, shall send to the	77
superintendent of the bureau a weekly report containing a summary	78
of each case involving a felony, involving any crime constituting	79
a misdemeanor on the first offense and a felony on subsequent	80
offenses, involving a misdemeanor described in division (A)(1)(a),	81
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	82
or involving an adjudication in a case in which a child under	83
eighteen years of age was alleged to be a delinquent child for	84
committing an act that would be a felony or an offense of	85
violence if committed by an adult. The clerk of the court of	86
common pleas shall include in the report and summary the clerk	87
sends under this division all information described in divisions	88
(A)(2)(a) to (f) of this section regarding a case before the	89
court of appeals that is served by that clerk. The summary shall	90
be written on the standard forms furnished by the superintendent	91
pursuant to division (B) of this section and shall include the	92
following information:	93

(a) The incident tracking number contained on the standard	94
forms furnished by the superintendent pursuant to division (B) of	95
this section;	96

(b) The style and number of the case;

97

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

98

(d) The date that the person was convicted of or pleaded	99
guilty to the offense, adjudicated a delinquent child for	100
committing the act that would be a felony or an offense of	101
violence if committed by an adult, found not guilty of the	102
offense, or found not to be a delinquent child for committing an	103
act that would be a felony or an offense of violence if committed	104
by an adult, the date of an entry dismissing the charge, an entry	105
declaring a mistrial of the offense in which the person is	106
discharged, an entry finding that the person or child is not	107
competent to stand trial, or an entry of a nolle prosequi, or the	108
date of any other determination that constitutes final resolution	109
of the case;	110

(e) A statement of the original charge with the section of	111
the Revised Code that was alleged to be violated;	112

(f) If the person or child was convicted, pleaded guilty, or	113
was adjudicated a delinquent child, the sentence or terms of	114
probation imposed or any other disposition of the offender or the	115
delinquent child.	116

If the offense involved the disarming of a law enforcement	117
officer or an attempt to disarm a law enforcement officer, the	118
clerk shall clearly state that fact in the summary, and the	119
superintendent shall ensure that a clear statement of that fact is	120
placed in the bureau's records.	121

(3) The superintendent shall cooperate with and assist	122
sheriffs, chiefs of police, and other law enforcement officers in	123
the establishment of a complete system of criminal identification	124
and in obtaining fingerprints and other means of identification of	125
all persons arrested on a charge of a felony, any crime	126
constituting a misdemeanor on the first offense and a felony on	127
subsequent offenses, or a misdemeanor described in division	128
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	129
Revised Code and of all children under eighteen years of age	130
arrested or otherwise taken into custody for committing an act	131
that would be a felony or an offense of violence if committed by	132
an adult. The superintendent also shall file for record the	133
fingerprint impressions of all persons confined in a county,	134
multicounty, municipal, municipal-county, or multicounty-municipal	135
jail or workhouse, community-based correctional facility, halfway	136
house, alternative residential facility, or state correctional	137
institution for the violation of state laws and of all children	138
under eighteen years of age who are confined in a county,	139
multicounty, municipal, municipal-county, or multicounty-municipal	140
jail or workhouse, community-based correctional facility, halfway	141
house, alternative residential facility, or state correctional	142
institution or in any facility for delinquent children for	143
committing an act that would be a felony or an offense of violence	144
if committed by an adult, and any other information that the	145
superintendent may receive from law enforcement officials of the	146
state and its political subdivisions.	147

(4) The superintendent shall carry out Chapter 2950. of the	148
Revised Code with respect to the registration of persons who are	149
convicted of or plead guilty to a sexually oriented offense or a	150
child-victim oriented offense and with respect to all other duties	151
imposed on the bureau under that chapter.	152

(5) The bureau shall perform centralized recordkeeping	153
functions for criminal history records and services in this state	154
for purposes of the national crime prevention and privacy compact	155
set forth in section 109.571 of the Revised Code and is the	156
criminal history record repository as defined in that section for	157
purposes of that compact. The superintendent or the	158
superintendent's designee is the compact officer for purposes of	159
that compact and shall carry out the responsibilities of the	160
compact officer specified in that compact.	161

(B) The superintendent shall prepare and furnish to every	162
county, multicounty, municipal, municipal-county, or	163
multicounty-municipal jail or workhouse, community-based	164
correctional facility, halfway house, alternative residential	165
facility, or state correctional institution and to every clerk of	166
a court in this state specified in division (A)(2) of this section	167
standard forms for reporting the information required under	168
division (A) of this section. The standard forms that the	169
superintendent prepares pursuant to this division may be in a	170
tangible format, in an electronic format, or in both tangible	171
formats and electronic formats.	172

(C)(1) The superintendent may operate a center for	173
electronic, automated, or other data processing for the storage	174
and retrieval of information, data, and statistics pertaining to	175
criminals and to children under eighteen years of age who are	176
adjudicated delinquent children for committing an act that would	177
be a felony or an offense of violence if committed by an adult,	178
criminal activity, crime prevention, law enforcement, and criminal	179
justice, and may establish and operate a statewide communications	180
network to gather and disseminate information, data, and	181
statistics for the use of law enforcement agencies and for other	182
uses specified in this division. The superintendent may gather,	183
store, retrieve, and disseminate information, data, and statistics	184
that pertain to children who are under eighteen years of age and	185
that are gathered pursuant to sections 109.57 to 109.61 of the	186
Revised Code together with information, data, and statistics that	187
pertain to adults and that are gathered pursuant to those	188
sections.	189

(2) The superintendent or the superintendent's designee shall	190
gather information of the nature described in division (C)(1) of	191
this section that pertains to the offense and delinquency history	192
of a person who has been convicted of, pleaded guilty to, or been	193
adjudicated a delinquent child for committing a sexually oriented	194
offense or a child-victim oriented offense for inclusion in the	195
state registry of sex offenders and child-victim offenders	196
maintained pursuant to division (A)(1) of section 2950.13 of the	197
Revised Code and in the internet database operated pursuant to	198
division (A)(13) of that section and for possible inclusion in the	199
internet database operated pursuant to division (A)(11) of that	200
section.	201

(3) In addition to any other authorized use of information,	202
data, and statistics of the nature described in division (C)(1)	203
of this section, the superintendent or the superintendent's	204
designee may provide and exchange the information, data, and	205
statistics pursuant to the national crime prevention and privacy	206
compact as described in division (A)(5) of this section.	207

(D) The information and materials furnished to the	208
superintendent pursuant to division (A) of this section and	209
information and materials furnished to any board or person under	210
division (F) or (G) of this section are not public records under	211
section 149.43 of the Revised Code. The superintendent or the	212
superintendent's designee shall gather and retain information so	213
furnished under division (A) of this section that pertains to the	214
offense and delinquency history of a person who has been convicted	215
of, pleaded guilty to, or been adjudicated a delinquent child for	216
committing a sexually oriented offense or a child-victim oriented	217
offense for the purposes described in division (C)(2) of this	218
section.	219

(E) The attorney general shall adopt rules, in accordance	220
with Chapter 119. of the Revised Code, setting forth the procedure	221
by which a person may receive or release information gathered by	222
the superintendent pursuant to division (A) of this section. A	223
reasonable fee may be charged for this service. If a temporary	224
employment service submits a request for a determination of	225
whether a person the service plans to refer to an employment	226
position has been convicted of or pleaded guilty to an offense	227
listed in division (A)(1), (3), (4), (5), or (6) of section	228
109.572 of the Revised Code, the request shall be treated as a	229
single request and only one fee shall be charged.	230

(F)(1) As used in division (F)(2) of this section, "head	231
start agency" means an entity in this state that has been approved	232
to be an agency for purposes of subchapter II of the "Community	233
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	234
as amended.	235

(2)(a) In addition to or in conjunction with any request that	236
is required to be made under section 109.572, 2151.86, 3301.32,	237
3301.541, 3319.39, 3319.391, 3327.10, 3701.881, 5104.012,	238
5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	239
Code, the board of education of any school district; the director	240
of mental retardation and developmental disabilities; any county	241
board of mental retardation and developmental disabilities; any	242
entity under contract with a county board of mental retardation	243
and developmental disabilities; the chief administrator of any	244
chartered nonpublic school; the chief administrator of any home	245
health agency; the chief administrator of or person operating any	246
child day-care center, type A family day-care home, or type B	247
family day-care home licensed or certified under Chapter 5104. of	248
the Revised Code; the administrator of any type C family day-care	249
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	250
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	251
general assembly; the chief administrator of any head start	252
agency; the executive director of a public children services	253
agency; or an employer described in division (A)(2) of section	254
3319.391 or division (J)(2) of section 3327.10 of the Revised Code	255
may request that the superintendent of the bureau investigate and	256
determine, with respect to any individual who has applied for	257
employment in any position after October 2, 1989, or any	258
individual wishing to apply for employment with a board of	259
education may request, with regard to the individual, whether the	260
bureau has any information gathered under division (A) of this	261
section that pertains to that individual. On receipt of the	262
request, the superintendent shall determine whether that	263
information exists and, upon request of the person, board, or	264
entity requesting information, also shall request from the federal	265
bureau of investigation any criminal records it has pertaining to	266
that individual. The superintendent or the superintendent's	267
designee also may request criminal history records from other	268
states or the federal government pursuant to the national crime	269
prevention and privacy compact set forth in section 109.571 of the	270
Revised Code. Within thirty days of the date that the	271
superintendent receives a request, the superintendent shall send	272
to the board, entity, or person a report of any information that	273
the superintendent determines exists, including information	274
contained in records that have been sealed under section 2953.32	275
of the Revised Code, and, within thirty days of its receipt, shall	276
send the board, entity, or person a report of any information	277
received from the federal bureau of investigation, other than	278
information the dissemination of which is prohibited by federal	279
law.	280

(b) When a board of education is required to receive	281
information under this section as a prerequisite to employment of	282
an individual pursuant to section 3319.39 of the Revised Code, it	283
may accept a certified copy of records that were issued by the	284
bureau of criminal identification and investigation and that are	285
presented by an individual applying for employment with the	286
district in lieu of requesting that information itself. In such a	287
case, the board shall accept the certified copy issued by the	288
bureau in order to make a photocopy of it for that individual's	289
employment application documents and shall return the certified	290
copy to the individual. In a case of that nature, a district only	291
shall accept a certified copy of records of that nature within one	292
year after the date of their issuance by the bureau.	293

(3) The state board of education may request, with respect to	294
any individual who has applied for employment after October 2,	295
1989, in any position with the state board or the department of	296
education, any information that a school district board of	297
education is authorized to request under division (F)(2) of this	298
section, and the superintendent of the bureau shall proceed as if	299
the request has been received from a school district board of	300
education under division (F)(2) of this section.	301

(4) When the superintendent of the bureau receives a request	302
for information under section 3319.291 of the Revised Code, the	303
superintendent shall proceed as if the request has been received	304
from a school district board of education under division (F)(2) of	305
this section.	306

(5) When a recipient of a classroom reading improvement grant	307
paid under section 3301.86 of the Revised Code requests, with	308
respect to any individual who applies to participate in providing	309
any program or service funded in whole or in part by the grant,	310
the information that a school district board of education is	311
authorized to request under division (F)(2)(a) of this section,	312
the superintendent of the bureau shall proceed as if the request	313
has been received from a school district board of education under	314
division (F)(2)(a) of this section.	315

(G) In addition to or in conjunction with any request that is	316
required to be made under section 3701.881, 3712.09, 3721.121, or	317
3722.151 of the Revised Code with respect to an individual who has	318
applied for employment in a position that involves providing	319
direct care to an older adult, the chief administrator of a home	320
health agency, hospice care program, home licensed under Chapter	321
3721. of the Revised Code, adult day-care program operated	322
pursuant to rules adopted under section 3721.04 of the Revised	323
Code, or adult care facility may request that the superintendent	324
of the bureau investigate and determine, with respect to any	325
individual who has applied after January 27, 1997, for employment	326
in a position that does not involve providing direct care to an	327
older adult, whether the bureau has any information gathered under	328
division (A) of this section that pertains to that individual.	329

In addition to or in conjunction with any request that is	330
required to be made under section 173.27 of the Revised Code with	331
respect to an individual who has applied for employment in a	332
position that involves providing ombudsperson services to	333
residents of long-term care facilities or recipients of	334
community-based long-term care services, the state long-term care	335
ombudsperson, ombudsperson's designee, or director of health may	336
request that the superintendent investigate and determine, with	337
respect to any individual who has applied for employment in a	338
position that does not involve providing such ombudsperson	339
services, whether the bureau has any information gathered under	340
division (A) of this section that pertains to that applicant.	341

In addition to or in conjunction with any request that is	342
required to be made under section 173.394 of the Revised Code with	343
respect to an individual who has applied for employment in a	344
position that involves providing direct care to an individual, the	345
chief administrator of a community-based long-term care agency may	346
request that the superintendent investigate and determine, with	347
respect to any individual who has applied for employment in a	348
position that does not involve providing direct care, whether the	349
bureau has any information gathered under division (A) of this	350
section that pertains to that applicant.	351

On receipt of a request under this division, the	352
superintendent shall determine whether that information exists	353
and, on request of the individual requesting information, shall	354
also request from the federal bureau of investigation any criminal	355
records it has pertaining to the applicant. The superintendent or	356
the superintendent's designee also may request criminal history	357
records from other states or the federal government pursuant to	358
the national crime prevention and privacy compact set forth in	359
section 109.571 of the Revised Code. Within thirty days of the	360
date a request is received, the superintendent shall send to the	361
requester a report of any information determined to exist,	362
including information contained in records that have been sealed	363
under section 2953.32 of the Revised Code, and, within thirty days	364
of its receipt, shall send the requester a report of any	365
information received from the federal bureau of investigation,	366
other than information the dissemination of which is prohibited by	367
federal law.	368

(H) Information obtained by a government entity or person	369
under this section is confidential and shall not be released or	370
disseminated.	371

(I) The superintendent may charge a reasonable fee for	372
providing information or criminal records under division (F)(2) or	373
(G) of this section.	374

(J) As used in this section, "sexually oriented offense" and	375
"child-victim oriented offense" have the same meanings as in	376
section 2950.01 of the Revised Code.	377

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	378
section 121.08, 3301.32, 3301.541, or 3319.39, 5104.012, or	379
5104.013 of the Revised Code, a completed form prescribed	380
pursuant to division (C)(1) of this section, and a set of	381
fingerprint impressions obtained in the manner described in	382
division (C)(2) of this section, the superintendent of the bureau	383
of criminal identification and investigation shall conduct a	384
criminal records check in the manner described in division (B) of	385
this section to determine whether any information exists that	386
indicates that the person who is the subject of the request	387
previously has been convicted of or pleaded guilty to any of the	388
following:	389

(a) A violation of section 2903.01, 2903.02, 2903.03,	390
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	391
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	392
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	393
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	394
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	395
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	396
2925.06, or 3716.11 of the Revised Code, felonious sexual	397
penetration in violation of former section 2907.12 of the Revised	398
Code, a violation of section 2905.04 of the Revised Code as it	399
existed prior to July 1, 1996, a violation of section 2919.23 of	400
the Revised Code that would have been a violation of section	401
2905.04 of the Revised Code as it existed prior to July 1, 1996,	402
had the violation been committed prior to that date, or a	403
violation of section 2925.11 of the Revised Code that is not a	404
minor drug possession offense;	405

(b) A violation of an existing or former law of this state,	406
any other state, or the United States that is substantially	407
equivalent to any of the offenses listed in division (A)(1)(a) of	408
this section.	409

(2) On receipt of a request pursuant to section 5123.081 of	410
the Revised Code with respect to an applicant for employment in	411
any position with the department of mental retardation and	412
developmental disabilities, pursuant to section 5126.28 of the	413
Revised Code with respect to an applicant for employment in any	414
position with a county board of mental retardation and	415
developmental disabilities, or pursuant to section 5126.281 of the	416
Revised Code with respect to an applicant for employment in a	417
direct services position with an entity contracting with a county	418
board for employment, a completed form prescribed pursuant to	419
division (C)(1) of this section, and a set of fingerprint	420
impressions obtained in the manner described in division (C)(2) of	421
this section, the superintendent of the bureau of criminal	422
identification and investigation shall conduct a criminal records	423
check. The superintendent shall conduct the criminal records check	424
in the manner described in division (B) of this section to	425
determine whether any information exists that indicates that the	426
person who is the subject of the request has been convicted of or	427
pleaded guilty to any of the following:	428

(a) A violation of section 2903.01, 2903.02, 2903.03,	429
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	430
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	431
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	432
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	433
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	434
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	435
2925.03, or 3716.11 of the Revised Code;	436

(b) An existing or former municipal ordinance or law of this	437
state, any other state, or the United States that is substantially	438
equivalent to any of the offenses listed in division (A)(2)(a) of	439
this section.	440

(3) On receipt of a request pursuant to section 173.27,	441
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a	442
completed form prescribed pursuant to division (C)(1) of this	443
section, and a set of fingerprint impressions obtained in the	444
manner described in division (C)(2) of this section, the	445
superintendent of the bureau of criminal identification and	446
investigation shall conduct a criminal records check with respect	447
to any person who has applied for employment in a position for	448
which a criminal records check is required by those sections. The	449
superintendent shall conduct the criminal records check in the	450
manner described in division (B) of this section to determine	451
whether any information exists that indicates that the person who	452
is the subject of the request previously has been convicted of or	453
pleaded guilty to any of the following:	454

(a) A violation of section 2903.01, 2903.02, 2903.03,	455
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	456
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	457
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	458
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	459
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	460
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	461
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	462
2925.22, 2925.23, or 3716.11 of the Revised Code;	463

(b) An existing or former law of this state, any other state,	464
or the United States that is substantially equivalent to any of	465
the offenses listed in division (A)(3)(a) of this section.	466

(4) On receipt of a request pursuant to section 3701.881 of	467
the Revised Code with respect to an applicant for employment with	468
a home health agency as a person responsible for the care,	469
custody, or control of a child, a completed form prescribed	470
pursuant to division (C)(1) of this section, and a set of	471
fingerprint impressions obtained in the manner described in	472
division (C)(2) of this section, the superintendent of the bureau	473
of criminal identification and investigation shall conduct a	474
criminal records check. The superintendent shall conduct the	475
criminal records check in the manner described in division (B) of	476
this section to determine whether any information exists that	477
indicates that the person who is the subject of the request	478
previously has been convicted of or pleaded guilty to any of the	479
following:	480

(a) A violation of section 2903.01, 2903.02, 2903.03,	481
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	482
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	483
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	484
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	485
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	486
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	487
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	488
violation of section 2925.11 of the Revised Code that is not a	489
minor drug possession offense;	490

(b) An existing or former law of this state, any other state,	491
or the United States that is substantially equivalent to any of	492
the offenses listed in division (A)(4)(a) of this section.	493

(5) On receipt of a request pursuant to section 5111.032,	494
5111.033, or 5111.034 of the Revised Code, a completed form	495
prescribed pursuant to division (C)(1) of this section, and a set	496
of fingerprint impressions obtained in the manner described in	497
division (C)(2) of this section, the superintendent of the bureau	498
of criminal identification and investigation shall conduct a	499
criminal records check. The superintendent shall conduct the	500
criminal records check in the manner described in division (B) of	501
this section to determine whether any information exists that	502
indicates that the person who is the subject of the request	503
previously has been convicted of, has pleaded guilty to, or has	504
been found eligible for intervention in lieu of conviction for	505
any of the following:	506

(a) A violation of section 2903.01, 2903.02, 2903.03,	507
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	508
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	509
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	510
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	511
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,	512
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,	513
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11,	514
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02,	515
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04,	516
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or	517
3716.11 of the Revised Code, felonious sexual penetration in	518
violation of former section 2907.12 of the Revised Code, a	519
violation of section 2905.04 of the Revised Code as it existed	520
prior to July 1, 1996, a violation of section 2919.23 of the	521
Revised Code that would have been a violation of section 2905.04	522
of the Revised Code as it existed prior to July 1, 1996, had the	523
violation been committed prior to that date;	524

(b) An existing or former law of this state, any other state,	525
or the United States that is substantially equivalent to any of	526
the offenses listed in division (A)(5)(a) of this section.	527

(6) On receipt of a request pursuant to section 3701.881 of	528
the Revised Code with respect to an applicant for employment with	529
a home health agency in a position that involves providing direct	530
care to an older adult, a completed form prescribed pursuant to	531
division (C)(1) of this section, and a set of fingerprint	532
impressions obtained in the manner described in division (C)(2) of	533
this section, the superintendent of the bureau of criminal	534
identification and investigation shall conduct a criminal records	535
check. The superintendent shall conduct the criminal records check	536
in the manner described in division (B) of this section to	537
determine whether any information exists that indicates that the	538
person who is the subject of the request previously has been	539
convicted of or pleaded guilty to any of the following:	540

(a) A violation of section 2903.01, 2903.02, 2903.03,	541
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	542
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	543
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	544
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	545
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	546
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	547
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	548
2925.22, 2925.23, or 3716.11 of the Revised Code;	549

(b) An existing or former law of this state, any other state,	550
or the United States that is substantially equivalent to any of	551
the offenses listed in division (A)(6)(a) of this section.	552

(7) When conducting a criminal records check upon a request	553
pursuant to section 3319.39 of the Revised Code for an applicant	554
who is a teacher, in addition to the determination made under	555
division (A)(1) of this section, the superintendent shall	556
determine whether any information exists that indicates that the	557
person who is the subject of the request previously has been	558
convicted of or pleaded guilty to any offense specified in section	559
3319.31 of the Revised Code.	560

(8) On receipt of a request pursuant to section 2151.86 of	561
the Revised Code, a completed form prescribed pursuant to	562
division (C)(1) of this section, and a set of fingerprint	563
impressions obtained in the manner described in division (C)(2)	564
of this section, the superintendent of the bureau of criminal	565
identification and investigation shall conduct a criminal records	566
check in the manner described in division (B) of this section to	567
determine whether any information exists that indicates that the	568
person who is the subject of the request previously has been	569
convicted of or pleaded guilty to any of the following:	570

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	571
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	572
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	573
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	574
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	575
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	576
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	577
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	578
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	579
of the Revised Code, a violation of section 2905.04 of the	580
Revised Code as it existed prior to July 1, 1996, a violation of	581
section 2919.23 of the Revised Code that would have been a	582
violation of section 2905.04 of the Revised Code as it existed	583
prior to July 1, 1996, had the violation been committed prior to	584
that date, a violation of section 2925.11 of the Revised Code	585
that is not a minor drug possession offense, two or more OVI or	586
OVUAC violations committed within the three years immediately	587
preceding the submission of the application or petition that is	588
the basis of the request, or felonious sexual penetration in	589
violation of former section 2907.12 of the Revised Code;	590

(b) A violation of an existing or former law of this state,	591
any other state, or the United States that is substantially	592
equivalent to any of the offenses listed in division (A)(8)(a) of	593
this section.	594

(9) When conducting a criminal records check onUpon receipt	595
of a request pursuant to section 5104.012 or 5104.013 of the	596
Revised Code for a person who is an owner, licensee, or	597
administrator of a child day-care center or type A family	598
day-care home, an authorized provider of a certified type B	599
family day-care home, or an adult residing in a type A or	600
certified type B home, or when conducting a criminal records	601
check or a request pursuant to section 5104.012 of the Revised	602
Code for a person who is an applicant for employment in a center,	603
type A home, or certified type B home, the superintendent, in	604
addition to the determination made under division (A)(1) of this	605
section, shall, a completed form prescribed pursuant to division	606
(C)(1) of this section, and a set of fingerprint impressions	607
obtained in the manner described in division (C)(2) of this	608
section, the superintendent of the bureau of criminal	609
identification and investigation shall conduct a criminal records	610
check in the manner described in division (B) of this section to	611
determine whether any information exists that indicates that the	612
person who is the subject of the request has been convicted of or	613
pleaded guilty to any of the following:	614

(a) A violation of section 2903.01, 2903.02, 2903.03,	615
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	616
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	617
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	618
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	619
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	620
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	621
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	622
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	623
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, or 2923.01, 2923.12,	624
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	625
3716.11 of the Revised Code, felonious sexual penetration in	626
violation of former section 2907.12 of the Revised Code, a	627
violation of section 2905.04 of the Revised Code as it existed	628
prior to July 1, 1996, a violation of section 2919.23 of the	629
Revised Code that would have been a violation of section 2905.04	630
of the Revised Code as it existed prior to July 1, 1996, had the	631
violation been committed prior to that date, a violation of	632
section 2925.11 of the Revised Code that is not a minor drug	633
possession offense, a violation of section 2923.02 or 2923.03 of	634
the Revised Code that relates to a crime specified in this	635
division or division (A)(1)(a) of this section, or a second	636
violation of section 4511.19 of the Revised Code within five	637
years of the date of application for licensure or certification.	638

(b) A violation of an existing or former law of this state,	639
any other state, or the United States that is substantially	640
equivalent to any of the offenses or violations described in	641
division (A)(9)(a) of this section.	642

(10) Upon receipt of a request pursuant to section 5153.111	643
of the Revised Code, a completed form prescribed pursuant to	644
division (C)(1) of this section, and a set of fingerprint	645
impressions obtained in the manner described in division (C)(2) of	646
this section, the superintendent of the bureau of criminal	647
identification and investigation shall conduct a criminal records	648
check in the manner described in division (B) of this section to	649
determine whether any information exists that indicates that the	650
person who is the subject of the request previously has been	651
convicted of or pleaded guilty to any of the following:	652

(a) A violation of section 2903.01, 2903.02, 2903.03,	653
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	654
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	655
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	656
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	657
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	658
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	659
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	660
felonious sexual penetration in violation of former section	661
2907.12 of the Revised Code, a violation of section 2905.04 of the	662
Revised Code as it existed prior to July 1, 1996, a violation of	663
section 2919.23 of the Revised Code that would have been a	664
violation of section 2905.04 of the Revised Code as it existed	665
prior to July 1, 1996, had the violation been committed prior to	666
that date, or a violation of section 2925.11 of the Revised Code	667
that is not a minor drug possession offense;	668

(b) A violation of an existing or former law of this state,	669
any other state, or the United States that is substantially	670
equivalent to any of the offenses listed in division (A)(10)(a) of	671
this section.	672

(11) On receipt of a request for a criminal records check	673
from an individual pursuant to section 4749.03 or 4749.06 of the	674
Revised Code, accompanied by a completed copy of the form	675
prescribed in division (C)(1) of this section and a set of	676
fingerprint impressions obtained in a manner described in division	677
(C)(2) of this section, the superintendent of the bureau of	678
criminal identification and investigation shall conduct a criminal	679
records check in the manner described in division (B) of this	680
section to determine whether any information exists indicating	681
that the person who is the subject of the request has been	682
convicted of or pleaded guilty to a felony in this state or in any	683
other state. If the individual indicates that a firearm will be	684
carried in the course of business, the superintendent shall	685
require information from the federal bureau of investigation as	686
described in division (B)(2) of this section. The superintendent	687
shall report the findings of the criminal records check and any	688
information the federal bureau of investigation provides to the	689
director of public safety.	690

(12) On receipt of a request pursuant to section 1322.03,	691
1322.031, or 4763.05 of the Revised Code, a completed form	692
prescribed pursuant to division (C)(1) of this section, and a set	693
of fingerprint impressions obtained in the manner described in	694
division (C)(2) of this section, the superintendent of the bureau	695
of criminal identification and investigation shall conduct a	696
criminal records check with respect to any person who has applied	697
for a license, permit, or certification from the department of	698
commerce or a division in the department. The superintendent shall	699
conduct the criminal records check in the manner described in	700
division (B) of this section to determine whether any information	701
exists that indicates that the person who is the subject of the	702
request previously has been convicted of or pleaded guilty to any	703
of the following: a violation of section 2913.02, 2913.11,	704
2913.31, 2913.51, or 2925.03 of the Revised Code; any other	705
criminal offense involving theft, receiving stolen property,	706
embezzlement, forgery, fraud, passing bad checks, money	707
laundering, or drug trafficking, or any criminal offense involving	708
money or securities, as set forth in Chapters 2909., 2911., 2913.,	709
2915., 2921., 2923., and 2925. of the Revised Code; or any	710
existing or former law of this state, any other state, or the	711
United States that is substantially equivalent to those offenses.	712

(13) On receipt of a request for a criminal records check	713
from the treasurer of state under section 113.041 of the Revised	714
Code or from an individual under section 4701.08, 4715.101,	715
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	716
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	717
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	718
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	719
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied	720
by a completed form prescribed under division (C)(1) of this	721
section and a set of fingerprint impressions obtained in the	722
manner described in division (C)(2) of this section, the	723
superintendent of the bureau of criminal identification and	724
investigation shall conduct a criminal records check in the	725
manner described in division (B) of this section to determine	726
whether any information exists that indicates that the person who	727
is the subject of the request has been convicted of or pleaded	728
guilty to any criminal offense in this state or any other state.	729
The superintendent shall send the results of a check requested	730
under section 113.041 of the Revised Code to the treasurer of	731
state and shall send the results of a check requested under any of	732
the other listed sections to the licensing board specified by the	733
individual in the request.	734

(14) Not later than thirty days after the date the	735
superintendent receives a request of a type described in division	736
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), or	737
(12) of this section, the completed form, and the fingerprint	738
impressions, the superintendent shall send the person, board, or	739
entity that made the request any information, other than	740
information the dissemination of which is prohibited by federal	741
law, the superintendent determines exists with respect to the	742
person who is the subject of the request that indicates that the	743
person previously has been convicted of or pleaded guilty to any	744
offense listed or described in division (A)(1), (2), (3), (4),	745
(5), (6), (7), (8), (9), (10), (11), or (12) of this section, as	746
appropriate. The superintendent shall send the person, board, or	747
entity that made the request a copy of the list of offenses	748
specified in division (A)(1), (2), (3), (4), (5), (6), (7), (8),	749
(9), (10), (11), or (12) of this section, as appropriate. If the	750
request was made under section 3701.881 of the Revised Code with	751
regard to an applicant who may be both responsible for the care,	752
custody, or control of a child and involved in providing direct	753
care to an older adult, the superintendent shall provide a list of	754
the offenses specified in divisions (A)(4) and (6) of this	755
section.	756

Not later than thirty days after the superintendent receives	757
a request for a criminal records check pursuant to section 113.041	758
of the Revised Code, the completed form, and the fingerprint	759
impressions, the superintendent shall send the treasurer of state	760
any information, other than information the dissemination of which	761
is prohibited by federal law, the superintendent determines exist	762
with respect to the person who is the subject of the request that	763
indicates that the person previously has been convicted of or	764
pleaded guilty to any criminal offense in this state or any other	765
state.	766

(B) The superintendent shall conduct any criminal records	767
check requested under section 113.041, 121.08, 173.27, 173.394,	768
1322.03, 1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	769
3712.09, 3721.121, 3722.151, 4701.08, 4715.101, 4717.061,	770
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,	771
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,	772
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4749.03,	773
4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	774
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	775
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	776
5126.281, or 5153.111 of the Revised Code as follows:	777

(1) The superintendent shall review or cause to be reviewed	778
any relevant information gathered and compiled by the bureau under	779
division (A) of section 109.57 of the Revised Code that relates to	780
the person who is the subject of the request, including any	781
relevant information contained in records that have been sealed	782
under section 2953.32 of the Revised Code;	783

(2) If the request received by the superintendent asks for	784
information from the federal bureau of investigation, the	785
superintendent shall request from the federal bureau of	786
investigation any information it has with respect to the person	787
who is the subject of the request, including fingerprint based	788
checks of national crime information databases as described in 42	789
U.S.C. 671 if the request is made pursuant to section 2151.86,	790
5104.012, or 5104.013 of the Revised Code or if any other Revised	791
Code section requires fingerprint based checks of that nature, and	792
shall review or cause to be reviewed any information the	793
superintendent receives from that bureau.	794

(3) The superintendent or the superintendent's designee may	795
request criminal history records from other states or the federal	796
government pursuant to the national crime prevention and privacy	797
compact set forth in section 109.571 of the Revised Code.	798

(C)(1) The superintendent shall prescribe a form to obtain	799
the information necessary to conduct a criminal records check from	800
any person for whom a criminal records check is requested under	801
section 113.041 of the Revised Code or required by section	802
121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32,	803
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	804
4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071,	805
4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171,	806
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202,	807
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061,	808
4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091,	809
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5123.081,	810
5126.28, 5126.281, or 5153.111 of the Revised Code. The form	811
that the superintendent prescribes pursuant to this division may	812
be in a tangible format, in an electronic format, or in both	813
tangible and electronic formats.	814

(2) The superintendent shall prescribe standard impression	815
sheets to obtain the fingerprint impressions of any person for	816
whom a criminal records check is requested under section 113.041	817
of the Revised Code or required by section 121.08, 173.27,	818
173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541, 3319.39,	819
3701.881, 3712.09, 3721.121, 3722.151, 4701.08, 4715.101,	820
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	821
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	822
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	823
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	824
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	825
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	826
5126.281, or 5153.111 of the Revised Code. Any person for whom a	827
records check is requested under or required by any of those	828
sections shall obtain the fingerprint impressions at a county	829
sheriff's office, municipal police department, or any other	830
entity with the ability to make fingerprint impressions on the	831
standard impression sheets prescribed by the superintendent. The	832
office, department, or entity may charge the person a reasonable	833
fee for making the impressions. The standard impression sheets the	834
superintendent prescribes pursuant to this division may be in a	835
tangible format, in an electronic format, or in both tangible and	836
electronic formats.	837

(3) Subject to division (D) of this section, the	838
superintendent shall prescribe and charge a reasonable fee for	839
providing a criminal records check requested under section	840
113.041, 121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86,	841
3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	842
3722.151, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501,	843
4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15,	844
4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 4732.091,	845
4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 4755.70,	846
4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031,	847
4762.06, 4763.05, 4779.091, 5104.012, 5104.013, 5111.032,	848
5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of	849
the Revised Code. The person making a criminal records request	850
under section 113.041, 121.08, 173.27, 173.394, 1322.03,	851
1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	852
3712.09, 3721.121, 3722.151, 4701.08, 4715.101, 4717.061,	853
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,	854
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,	855
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4749.03,	856
4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	857
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	858
5104.013, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or	859
5153.111 of the Revised Codeany of those sections shall pay the	860
fee prescribed pursuant to this division. A person making a	861
request under section 3701.881 of the Revised Code for a	862
criminal records check for an applicant who may be both	863
responsible for the care, custody, or control of a child and	864
involved in providing direct care to an older adult shall pay	865
one fee for the request. In the case of a request under section	866
5111.032 of the Revised Code, the fee shall be paid in the	867
manner specified in that section.	868

(4) The superintendent of the bureau of criminal	869
identification and investigation may prescribe methods of	870
forwarding fingerprint impressions and information necessary to	871
conduct a criminal records check, which methods shall include, but	872
not be limited to, an electronic method.	873

(D) A determination whether any information exists that	874
indicates that a person previously has been convicted of or	875
pleaded guilty to any offense listed or described in division	876
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	877
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or	878
(b), (A)(9)(a) or (b), (A)(10)(a) or (b), or (A)(12) of this	879
section, or that indicates that a person previously has been	880
convicted of or pleaded guilty to any criminal offense in this	881
state or any other state regarding a criminal records check of a	882
type described in division (A)(13) of this section, and that is	883
made by the superintendent with respect to information	884
considered in a criminal records check in accordance with this	885
section is valid for the person who is the subject of the	886
criminal records check for a period of one year from the date	887
upon which the superintendent makes the determination. During the	888
period in which the determination in regard to a person is valid,	889
if another request under this section is made for a criminal	890
records check for that person, the superintendent shall provide	891
the information that is the basis for the superintendent's	892
initial determination at a lower fee than the fee prescribed for	893
the initial criminal records check.	894

(E) As used in this section:

895

(1) "Criminal records check" means any criminal records check	896
conducted by the superintendent of the bureau of criminal	897
identification and investigation in accordance with division (B)	898
of this section.	899

(2) "Minor drug possession offense" has the same meaning as	900
in section 2925.01 of the Revised Code.	901

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

902

(4) "OVI or OVUAC violation" means a violation of section	903
4511.19 of the Revised Code or a violation of an existing or	904
former law of this state, any other state, or the United States	905
that is substantially equivalent to section 4511.19 of the Revised	906
Code.	907

Sec. 109.5721. (A) As used in this section:

908

(1) "Employment" includes volunteer service.

909

(2) "Licensure" means the authorization, evidenced by a	910
license, certificate, registration, permit, or other authority	911
that is issued or conferred by a public office, to engage in a	912
profession, occupation, or occupational activity, to be a foster	913
caregiver, or to have control of and operate certain specific	914
equipment, machinery, or premises over which a public office has	915
jurisdiction.	916

(3) "Participating public office" means a public office that	917
requires a fingerprint background check as a condition of	918
employment with or, licensure by, or approval for adoption by the	919
public office and that elects to receive notice under division	920
(C) of this section in accordance with rules adopted by the	921
attorney general.	922

(4) "Public office" has the same meaning as in section 117.01	923
of the Revised Code.	924

(B) Within six months after the effective date of this	925
sectionAugust 15, 2007, the superintendent of the bureau of	926
criminal identification and investigation shall establish and	927
maintain a database of fingerprints of individuals on whom the	928
bureau has conducted criminal records checks for the purpose of	929
determining eligibility for employment with or, licensure by, or	930
approval for adoption by a public office. The superintendent	931
shall maintain the database separate and apart from other	932
records maintained by the bureau. The database shall be known as	933
the retained applicant fingerprint database.	934

(C) When the superintendent receives information that an	935
individual whose name is in the retained applicant fingerprint	936
database has been arrested for or, convicted of, or pleaded guilty	937
to any offense, the superintendent shall promptly notify any	938
participating public office that employs or that, licensed, or	939
approved the individual of the arrest or, conviction, or guilty	940
plea. The public office that receives the notification and its	941
employees and officers shall use the information contained in the	942
notification solely to determine the individual's eligibility for	943
continued employment with the public office or, to retain a	944
licenselicensure issued by the public office, or to be approved	945
for adoption by the public office. The public office and its	946
employees and officers shall not disclose that information to	947
any person for any other purpose.	948

(D) If an individual has submitted fingerprint impressions	949
for employment with, licensure by, or approval for adoption by a	950
participating public office and seeks employment with, licensure	951
by, or approval for adoption by another participating public	952
office, the other public office shall reprint the individual. If	953
an individual has been reprinted, the superintendent shall update	954
that individual's information accordingly.	955

(E) The bureau of criminal identification and investigation	956
and the participating public office shall use information	957
contained in the retained applicant fingerprint database and in	958
the notice described in division (C) of this section for the	959
purpose of employment with, licensure by, or approval for adoption	960
by the participating public office. This information is otherwise	961
confidential and not a public record under section 149.43 of the	962
Revised Code.	963

(F) The attorney general shall adopt rules in accordance with	964
Chapter 119. of the Revised Code governing the operation and	965
maintenance of the database. The rules shall provide for, but not	966
be limited to, both of the following:	967

(1) The expungement or sealing of records of individuals who	968
are deceased or who are no longer employed or licensed, granted	969
licensure, or approved for adoption by the public office that	970
required submission of the individual's fingerprints;	971

(2) The terms under which a public office may elect to	972
receive notification under division (C) of this section, including	973
payment of any reasonable fee that may be charged for the purpose.	974

(E)(G) No public office or employee of a public office shall	975
be considered negligent in a civil action solely because the	976
public office did not elect to be a participating public office.	977

(F)(H)(1) No person shall knowingly use information contained	978
in or received from the retained applicant fingerprint database	979
for purposes not authorized by this section.	980

(2) No person shall knowingly use information contained in or	981
received from the retained applicant fingerprint database with the	982
intent to harass or intimidate another person.	983

(3) Whoever violates division (F)(H)(1) or (F)(H)(2) of this	984
section is guilty of unlawful use of retained applicant	985
fingerprint database records. A violation of division (F)(H)(1) of	986
this section is a misdemeanor of the fourth degree. A violation of	987
division (F)(H)(2) of this section is a misdemeanor of the first	988
degree.	989

Sec. 109.60.  (A)(1) The sheriffs of the several counties and	990
the chiefs of police of cities, immediately upon the arrest of any	991
person for any felony, on suspicion of any felony, for a crime	992
constituting a misdemeanor on the first offense and a felony on	993
subsequent offenses, or for any misdemeanor described in division	994
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	995
Revised Code, and immediately upon the arrest or taking into	996
custody of any child under eighteen years of age for committing an	997
act that would be a felony or an offense of violence if committed	998
by an adult or upon probable cause to believe that a child of that	999
age may have committed an act that would be a felony or an offense	1000
of violence if committed by an adult, shall take the person's or	1001
child's fingerprints, or cause the same to be taken, according to	1002
the fingerprint system of identification on the forms furnished by	1003
the superintendent of the bureau of criminal identification and	1004
investigation, and immediately shall forward copies of the	1005
completed forms, any other description that may be required, and	1006
the history of the offense committed to the bureau to be	1007
classified and filed and to the clerk of the court having	1008
jurisdiction over the prosecution of the offense or over the	1009
adjudication relative to the act.	1010

(2) IfExcept as provided in division (B) of this section, if	1011
a person or child has not been arrested and first appears before a	1012
court or magistrate in response to a summons, or if a sheriff or	1013
chief of police has not taken, or caused to be taken, a person's	1014
or child's fingerprints in accordance with division (A)(1) of this	1015
section by the time of the arraignment or first appearance of the	1016
person or child, the court shall order the person or child to	1017
appear before the sheriff or chief of police within twenty-four	1018
hours to have the person's or child's fingerprints taken. The	1019
sheriff or chief of police shall take the person's or child's	1020
fingerprints, or cause the fingerprints to be taken, according to	1021
the fingerprint system of identification on the forms furnished by	1022
the superintendent of the bureau of criminal identification and	1023
investigation and, immediately after the person's or child's	1024
arraignment or first appearance, forward copies of the completed	1025
forms, any other description that may be required, and the history	1026
of the offense committed to the bureau to be classified and filed	1027
and to the clerk of the court.	1028

(3) Every court with jurisdiction over a case involving a	1029
person or child with respect to whom division (A)(1) or (2) of	1030
this section requires a sheriff or chief of police to take the	1031
person's or child's fingerprints shall inquire at the time of the	1032
person's or child's sentencing or adjudication whether or not the	1033
person or child has been fingerprinted pursuant to division (A)(1)	1034
or (2) of this section for the original arrest or court appearance	1035
upon which the sentence or adjudication is based. If the person or	1036
child was not fingerprinted for the original arrest or court	1037
appearance upon which the sentence or adjudication is based, the	1038
court shall order the person or child to appear before the sheriff	1039
or chief of police within twenty-four hours to have the person's	1040
or child's fingerprints taken. The sheriff or chief of police	1041
shall take the person's or child's fingerprints, or cause the	1042
fingerprints to be taken, according to the fingerprint system of	1043
identification on the forms furnished by the superintendent of the	1044
bureau of criminal identification and investigation and	1045
immediately forward copies of the completed forms, any other	1046
description that may be required, and the history of the offense	1047
committed to the bureau to be classified and filed and to the	1048
clerk of the court.	1049

(4) If a person or child is in the custody of a law	1050
enforcement agency or a detention facility, as defined in section	1051
2921.01 of the Revised Code, and the chief law enforcement officer	1052
or chief administrative officer of the detention facility	1053
discovers that a warrant has been issued or a bill of information	1054
has been filed alleging the person or child to have committed an	1055
offense or act other than the offense or act for which the person	1056
or child is in custody, and the other alleged offense or act is	1057
one for which fingerprints are to be taken pursuant to division	1058
(A)(1) of this section, the law enforcement agency or detention	1059
facility shall take the fingerprints of the person or child, or	1060
cause the fingerprints to be taken, according to the fingerprint	1061
system of identification on the forms furnished by the	1062
superintendent of the bureau of criminal identification and	1063
investigation and immediately forward copies of the completed	1064
forms, any other description that may be required, and the history	1065
of the offense committed to the bureau to be classified and filed	1066
and to the clerk of the court that issued the warrant or with	1067
which the bill of information was filed.	1068

(5) If an accused is found not guilty of the offense charged	1069
or a nolle prosequi is entered in any case, or if any accused	1070
child under eighteen years of age is found not to be a delinquent	1071
child for committing an act that would be a felony or an offense	1072
of violence if committed by an adult or not guilty of the felony	1073
or offense of violence charged or a nolle prosequi is entered in	1074
that case, the fingerprints and description shall be given to the	1075
accused upon the accused's request.	1076

(6) The superintendent shall compare the description received	1077
with those already on file in the bureau, and, if the	1078
superintendent finds that the person arrested or taken into	1079
custody has a criminal record or a record as a delinquent child	1080
for having committed an act that would be a felony or an offense	1081
of violence if committed by an adult or is a fugitive from justice	1082
or wanted by any jurisdiction in this or another state, the United	1083
States, or a foreign country for any offense, the superintendent	1084
at once shall inform the arresting officer, the officer taking the	1085
person into custody, or the chief administrative officer of the	1086
county, multicounty, municipal, municipal-county, or	1087
multicounty-municipal jail or workhouse, community-based	1088
correctional facility, halfway house, alternative residential	1089
facility, or state correctional institution in which the person or	1090
child is in custody of that fact and give appropriate notice to	1091
the proper authorities in the jurisdiction in which the person is	1092
wanted, or, if that jurisdiction is a foreign country, give	1093
appropriate notice to federal authorities for transmission to the	1094
foreign country. The names, under which each person whose	1095
identification is filed is known, shall be alphabetically indexed	1096
by the superintendent.	1097

(B) Division (A) of this section does not apply to a violator	1098
of a city ordinance unless the officers have reason to believe	1099
that the violator is a past offender or the crime is one	1100
constituting a misdemeanor on the first offense and a felony on	1101
subsequent offenses, or unless it is advisable for the purpose of	1102
subsequent identification. This section does not apply to any	1103
child under eighteen years of age who was not arrested or	1104
otherwise taken into custody for committing an act that would be a	1105
felony or an offense of violence if committed by an adult or upon	1106
probable cause to believe that a child of that age may have	1107
committed an act that would be a felony or an offense of violence	1108
if committed by an adult, except as provided in section 2151.313	1109
of the Revised Code.	1110

(C)(1) For purposes of division (C) of this section, a law	1111
enforcement agency shall be considered to have arrested a person	1112
if any law enforcement officer who is employed by, appointed by,	1113
or serves that agency arrests the person. As used in division (C)	1114
of this section:	1115

(a) "Illegal methamphetamine manufacturing laboratory" has	1116
the same meaning as in section 3745.13 of the Revised Code.	1117

(b) "Methamphetamine or a methamphetamine product" means	1118
methamphetamine, any salt, isomer, or salt of an isomer of	1119
methamphetamine, or any compound, mixture, preparation, or	1120
substance containing methamphetamine or any salt, isomer, or salt	1121
of an isomer of methamphetamine.	1122

(2) Each law enforcement agency that, in any calendar year,	1123
arrests any person for a violation of section 2925.04 of the	1124
Revised Code that is based on the manufacture of methamphetamine	1125
or a methamphetamine product, a violation of section 2925.041 of	1126
the Revised Code that is based on the possession of chemicals	1127
sufficient to produce methamphetamine or a methamphetamine	1128
product, or a violation of any other provision of Chapter 2925. or	1129
3719. of the Revised Code that is based on the possession of	1130
chemicals sufficient to produce methamphetamine or a	1131
methamphetamine product shall prepare an annual report covering	1132
the calendar year that contains the information specified in	1133
division (C)(3) of this section relative to all arrests for	1134
violations of those sections committed under those circumstances	1135
during that calendar year and relative to illegal methamphetamine	1136
manufacturing laboratories, dump sites, and chemical caches as	1137
specified in that division and shall send the annual report, not	1138
later than the first day of March in the calendar year following	1139
the calendar year covered by the report, to the bureau of criminal	1140
identification and investigation.	1141

The law enforcement agency shall write any annual report	1142
prepared and filed under this division on the standard forms	1143
furnished by the superintendent of the bureau of criminal	1144
identification and investigation pursuant to division (C)(4) of	1145
this section. The annual report shall be a statistical report, and	1146
nothing in the report or in the information it contains shall	1147
identify, or enable the identification of, any person who was	1148
arrested and whose arrest is included in the information contained	1149
in the report. The annual report in the possession of the bureau	1150
and the information it contains are public records for the purpose	1151
of section 149.43 of the Revised Code.	1152

(3) The annual report prepared and filed by a law enforcement	1153
agency under division (C)(2) of this section shall contain all of	1154
the following information for the calendar year covered by the	1155
report:	1156

(a) The total number of arrests made by the agency in that	1157
calendar year for a violation of section 2925.04 of the Revised	1158
Code that is based on the manufacture of methamphetamine or a	1159
methamphetamine product, a violation of section 2925.041 of the	1160
Revised Code that is based on the possession of chemicals	1161
sufficient to produce methamphetamine or a methamphetamine	1162
product, or a violation of any other provision of Chapter 2925. or	1163
3719. of the Revised Code that is based on the possession of	1164
chemicals sufficient to produce methamphetamine or a	1165
methamphetamine product;	1166

(b) The total number of illegal methamphetamine manufacturing	1167
laboratories at which one or more of the arrests reported under	1168
division (C)(3)(a) of this section occurred, or that were	1169
discovered in that calendar year within the territory served by	1170
the agency but at which none of the arrests reported under	1171
division (C)(3)(a) of this section occurred;	1172

(c) The total number of dump sites and chemical caches that	1173
are, or that are reasonably believed to be, related to illegal	1174
methamphetamine manufacturing and that were discovered in that	1175
calendar year within the territory served by the agency.	1176

(4) The superintendent of the bureau of criminal	1177
identification and investigation shall prepare and furnish to each	1178
law enforcement agency in this state standard forms for making the	1179
annual reports required by division (C)(2) of this section. The	1180
standard forms that the superintendent prepares pursuant to this	1181
division may be in a tangible format, in an electronic format, or	1182
in both a tangible format and an electronic format.	1183

(5) The annual report required by division (C)(2) of this	1184
section is separate from, and in addition to, any report,	1185
materials, or information required under division (A) of this	1186
section or under any other provision of sections 109.57 to 109.62	1187
of the Revised Code.	1188

Sec. 1901.43.  (A) If a sheriff or chief of police has not	1189
taken, or caused to be taken, a person's or child's fingerprints	1190
in accordance with division (A)(1) of section 109.60 of the	1191
Revised Code with respect to a crime or act set forth in that	1192
division by the time of the arraignment or first appearance of the	1193
person or child with respect to that crime or act, the municipal	1194
court shall order the person or child to appear before the sheriff	1195
or chief of police within twenty-four hours of the arraignment or	1196
first appearance to have the person's or child's fingerprints	1197
taken as provided in division (A)(2) of section 109.60 of the	1198
Revised Code.	1199

(B) If the municipal court has jurisdiction over a case	1200
involving a person or child with respect to whom division (A)(1)	1201
or (2) of section 109.60 of the Revised Code requires a sheriff or	1202
chief of police to take the person's or child's fingerprints, the	1203
municipal court shall inquire at the time of the person's or	1204
child's sentencing or adjudication for the crime or act for which	1205
the fingerprints were required to be taken whether or not the	1206
person or child has been fingerprinted pursuant to division (A)(1)	1207
or (2) of section 109.60 of the Revised Code for the original	1208
arrest or court appearance upon which the sentence or adjudication	1209
is based. If a person or child was not fingerprinted for the	1210
original arrest or court appearance, the municipal court shall	1211
order the person or child to appear before the sheriff or chief of	1212
police within twenty-four hours to have the person's or child's	1213
fingerprints taken as provided in division (A)(3) of section	1214
109.60 of the Revised Code.	1215

Sec. 1907.181.  (A) If a sheriff or chief of police has not	1216
taken, or caused to be taken, a person's or child's fingerprints	1217
in accordance with division (A)(1) of section 109.60 of the	1218
Revised Code with respect to a crime or act set forth in that	1219
division by the time of the arraignment or first appearance of the	1220
person or child with respect to that crime or act, the county	1221
court shall order the person or child to appear before the sheriff	1222
or chief of police within twenty-four hours of the arraignment or	1223
first appearance to have the person's or child's fingerprints	1224
taken as provided in division (A)(2) of section 109.60 of the	1225
Revised Code.	1226

(B) If the county court has jurisdiction over a case	1227
involving a person or child with respect to whom division (A)(1)	1228
or (2) of section 109.60 of the Revised Code requires a sheriff or	1229
chief of police to take the person's or child's fingerprints, the	1230
county court shall inquire at the time of the person's or child's	1231
sentencing or adjudication for the crime or act for which the	1232
fingerprints were required to be taken whether or not the person	1233
or child has been fingerprinted pursuant to division (A)(1) or (2)	1234
of section 109.60 of the Revised Code for the original arrest or	1235
court appearance upon which the sentence or adjudication is based.	1236
If a person or child was not fingerprinted for the original arrest	1237
or court appearance, the county court shall order the person or	1238
child to appear before the sheriff or chief of police within	1239
twenty-four hours to have the person's or child's fingerprints	1240
taken as provided in division (A)(3) of section 109.60 of the	1241
Revised Code.	1242

Sec. 2151.413.  (A) A public children services agency or	1243
private child placing agency that, pursuant to an order of	1244
disposition under division (A)(2) of section 2151.353 of the	1245
Revised Code or under any version of section 2151.353 of the	1246
Revised Code that existed prior to January 1, 1989, is granted	1247
temporary custody of a child who is not abandoned or orphaned may	1248
file a motion in the court that made the disposition of the child	1249
requesting permanent custody of the child.	1250

(B) A public children services agency or private child	1251
placing agency that, pursuant to an order of disposition under	1252
division (A)(2) of section 2151.353 of the Revised Code or under	1253
any version of section 2151.353 of the Revised Code that existed	1254
prior to January 1, 1989, is granted temporary custody of a child	1255
who is orphaned may file a motion in the court that made the	1256
disposition of the child requesting permanent custody of the child	1257
whenever it can show that no relative of the child is able to take	1258
legal custody of the child.	1259

(C) A public children services agency or private child	1260
placing agency that, pursuant to an order of disposition under	1261
division (A)(5) of section 2151.353 of the Revised Code, places a	1262
child in a planned permanent living arrangement may file a motion	1263
in the court that made the disposition of the child requesting	1264
permanent custody of the child.	1265

(D)(1) Except as provided in division (D)(3) of this section,	1266
if a child has been in the temporary custody of one or more public	1267
children services agencies or private child placing agencies for	1268
twelve or more months of a consecutive twenty-two-month period	1269
ending on or after March 18, 1999, the agency with custody shall	1270
file a motion requesting permanent custody of the child. If the	1271
child has been in the temporary custody of one or more public	1272
children services agencies or private child placing agencies and	1273
the child was previously in the temporary custody of an equivalent	1274
agency in another state, the agency with custody of the child	1275
shall apply the time in temporary custody in the other state to	1276
the time in temporary custody in this state and, except as	1277
provided in division (D)(3) of this section, if the time spent in	1278
temporary custody equals twelve or more months of a consecutive	1279
twenty-two-month period, the agency with custody may file a motion	1280
requesting permanent custody of the child. The motion shall be	1281
filed in the court that issued the current order of temporary	1282
custody. For the purposes of this division, a child shall be	1283
considered to have entered the temporary custody of an agency on	1284
the earlier of the date the child is adjudicated pursuant to	1285
section 2151.28 of the Revised Code or the date that is sixty days	1286
after the removal of the child from home.	1287

(2) Except as provided in division (D)(3) of this section, if	1288
a court makes a determination pursuant to division (A)(2) of	1289
section 2151.419 of the Revised Code, the public children services	1290
agency or private child placing agency required to develop the	1291
permanency plan for the child under division (K) of section	1292
2151.417 of the Revised Code shall file a motion in the court that	1293
made the determination requesting permanent custody of the child.	1294

(3) An agency shall not file a motion for permanent custody	1295
under division (D)(1) or (2) of this section if any of the	1296
following apply:	1297

(a) The agency documents in the case plan or permanency plan	1298
a compelling reason that permanent custody is not in the best	1299
interest of the child.	1300

(b) If reasonable efforts to return the child to the child's	1301
home are required under section 2151.419 of the Revised Code, the	1302
agency has not provided the services required by the case plan to	1303
the parents of the child or the child to ensure the safe return of	1304
the child to the child's home.	1305

(c) The agency has been granted permanent custody of the	1306
child.	1307

(d) The child has been returned home pursuant to court order	1308
in accordance with division (A)(3) of section 2151.419 of the	1309
Revised Code.	1310

(E) Any agency that files a motion for permanent custody	1311
under this section shall include in the case plan of the child who	1312
is the subject of the motion, a specific plan of the agency's	1313
actions to seek an adoptive family for the child and to prepare	1314
the child for adoption.	1315

(F) The department of job and family services may adopt rules	1316
pursuant to Chapter 119. of the Revised Code that set forth the	1317
time frames for case reviews and for filing a motion requesting	1318
permanent custody under division (D)(1) of this section.	1319

Sec. 2151.414.  (A)(1) Upon the filing of a motion pursuant	1320
to section 2151.413 of the Revised Code for permanent custody of a	1321
child, the court shall schedule a hearing and give notice of the	1322
filing of the motion and of the hearing, in accordance with	1323
section 2151.29 of the Revised Code, to all parties to the action	1324
and to the child's guardian ad litem. The notice also shall	1325
contain a full explanation that the granting of permanent custody	1326
permanently divests the parents of their parental rights, a full	1327
explanation of their right to be represented by counsel and to	1328
have counsel appointed pursuant to Chapter 120. of the Revised	1329
Code if they are indigent, and the name and telephone number of	1330
the court employee designated by the court pursuant to section	1331
2151.314 of the Revised Code to arrange for the prompt appointment	1332
of counsel for indigent persons.	1333

The court shall conduct a hearing in accordance with section	1334
2151.35 of the Revised Code to determine if it is in the best	1335
interest of the child to permanently terminate parental rights and	1336
grant permanent custody to the agency that filed the motion. The	1337
adjudication that the child is an abused, neglected, or dependent	1338
child and any dispositional order that has been issued in the case	1339
under section 2151.353 of the Revised Code pursuant to the	1340
adjudication shall not be readjudicated at the hearing and shall	1341
not be affected by a denial of the motion for permanent custody.	1342

(2) The court shall hold the hearing scheduled pursuant to	1343
division (A)(1) of this section not later than one hundred twenty	1344
days after the agency files the motion for permanent custody,	1345
except that, for good cause shown, the court may continue the	1346
hearing for a reasonable period of time beyond the	1347
one-hundred-twenty-day deadline. The court shall issue an order	1348
that grants, denies, or otherwise disposes of the motion for	1349
permanent custody, and journalize the order, not later than two	1350
hundred days after the agency files the motion.	1351

If a motion is made under division (D)(2) of section 2151.413	1352
of the Revised Code and no dispositional hearing has been held in	1353
the case, the court may hear the motion in the dispositional	1354
hearing required by division (B) of section 2151.35 of the Revised	1355
Code. If the court issues an order pursuant to section 2151.353 of	1356
the Revised Code granting permanent custody of the child to the	1357
agency, the court shall immediately dismiss the motion made under	1358
division (D)(2) of section 2151.413 of the Revised Code.	1359

The failure of the court to comply with the time periods set	1360
forth in division (A)(2) of this section does not affect the	1361
authority of the court to issue any order under this chapter and	1362
does not provide any basis for attacking the jurisdiction of the	1363
court or the validity of any order of the court.	1364

(B)(1) Except as provided in division (B)(2) of this section,	1365
the court may grant permanent custody of a child to a movant if	1366
the court determines at the hearing held pursuant to division (A)	1367
of this section, by clear and convincing evidence, that it is in	1368
the best interest of the child to grant permanent custody of the	1369
child to the agency that filed the motion for permanent custody	1370
and that any of the following apply:	1371

(a) The child is not abandoned or orphaned or, has not been	1372
in the temporary custody of one or more public children services	1373
agencies or private child placing agencies for twelve or more	1374
months of a consecutive twenty-two-month period ending on or after	1375
March 18, 1999, or has not been in the temporary custody of one or	1376
more public children services agencies or private child placing	1377
agencies for twelve or more months of a consecutive	1378
twenty-two-month period if, as described in division (D)(1) of	1379
section 2151.413 of the Revised Code, the child was previously in	1380
the temporary custody of an equivalent agency in another state,	1381
and the child cannot be placed with either of the child's parents	1382
within a reasonable time or should not be placed with the child's	1383
parents.	1384

(b) The child is abandoned.

1385

(c) The child is orphaned, and there are no relatives of the	1386
child who are able to take permanent custody.	1387

(d) The child has been in the temporary custody of one or	1388
more public children services agencies or private child placing	1389
agencies for twelve or more months of a consecutive	1390
twenty-two-month period ending on or after March 18, 1999, or the	1391
child has been in the temporary custody of one or more public	1392
children services agencies or private child placing agencies for	1393
twelve or more months of a consecutive twenty-two-month period	1394
and, as described in division (D)(1) of section 2151.413 of the	1395
Revised Code, the child was previously in the temporary custody of	1396
an equivalent agency in another state.	1397

For the purposes of division (B)(1) of this section, a child	1398
shall be considered to have entered the temporary custody of an	1399
agency on the earlier of the date the child is adjudicated	1400
pursuant to section 2151.28 of the Revised Code or the date that	1401
is sixty days after the removal of the child from home.	1402

(2) With respect to a motion made pursuant to division (D)(2)	1403
of section 2151.413 of the Revised Code, the court shall grant	1404
permanent custody of the child to the movant if the court	1405
determines in accordance with division (E) of this section that	1406
the child cannot be placed with one of the child's parents within	1407
a reasonable time or should not be placed with either parent and	1408
determines in accordance with division (D) of this section that	1409
permanent custody is in the child's best interest.	1410

(C) In making the determinations required by this section or	1411
division (A)(4) of section 2151.353 of the Revised Code, a court	1412
shall not consider the effect the granting of permanent custody to	1413
the agency would have upon any parent of the child. A written	1414
report of the guardian ad litem of the child shall be submitted to	1415
the court prior to or at the time of the hearing held pursuant to	1416
division (A) of this section or section 2151.35 of the Revised	1417
Code but shall not be submitted under oath.	1418

If the court grants permanent custody of a child to a movant	1419
under this division, the court, upon the request of any party,	1420
shall file a written opinion setting forth its findings of fact	1421
and conclusions of law in relation to the proceeding. The court	1422
shall not deny an agency's motion for permanent custody solely	1423
because the agency failed to implement any particular aspect of	1424
the child's case plan.	1425

(D) In determining the best interest of a child at a hearing	1426
held pursuant to division (A) of this section or for the purposes	1427
of division (A)(4) or (5) of section 2151.353 or division (C) of	1428
section 2151.415 of the Revised Code, the court shall consider all	1429
relevant factors, including, but not limited to, the following:	1430

(1) The interaction and interrelationship of the child with	1431
the child's parents, siblings, relatives, foster caregivers and	1432
out-of-home providers, and any other person who may significantly	1433
affect the child;	1434

(2) The wishes of the child, as expressed directly by the	1435
child or through the child's guardian ad litem, with due regard	1436
for the maturity of the child;	1437

(3) The custodial history of the child, including whether the	1438
child has been in the temporary custody of one or more public	1439
children services agencies or private child placing agencies for	1440
twelve or more months of a consecutive twenty-two-month period	1441
ending on or after March 18, 1999, or the child has been in the	1442
temporary custody of one or more public children services agencies	1443
or private child placing agencies for twelve or more months of a	1444
consecutive twenty-two-month period and, as described in division	1445
(D)(1) of section 2151.413 of the Revised Code, the child was	1446
previously in the temporary custody of an equivalent agency in	1447
another state;	1448

(4) The child's need for a legally secure permanent placement	1449
and whether that type of placement can be achieved without a grant	1450
of permanent custody to the agency;	1451

(5) Whether any of the factors in divisions (E)(7) to (11) of	1452
this section apply in relation to the parents and child.	1453

For the purposes of this division, a child shall be	1454
considered to have entered the temporary custody of an agency on	1455
the earlier of the date the child is adjudicated pursuant to	1456
section 2151.28 of the Revised Code or the date that is sixty days	1457
after the removal of the child from home.	1458

(E) In determining at a hearing held pursuant to division (A)	1459
of this section or for the purposes of division (A)(4) of section	1460
2151.353 of the Revised Code whether a child cannot be placed with	1461
either parent within a reasonable period of time or should not be	1462
placed with the parents, the court shall consider all relevant	1463
evidence. If the court determines, by clear and convincing	1464
evidence, at a hearing held pursuant to division (A) of this	1465
section or for the purposes of division (A)(4) of section 2151.353	1466
of the Revised Code that one or more of the following exist as to	1467
each of the child's parents, the court shall enter a finding that	1468
the child cannot be placed with either parent within a reasonable	1469
time or should not be placed with either parent:	1470

(1) Following the placement of the child outside the child's	1471
home and notwithstanding reasonable case planning and diligent	1472
efforts by the agency to assist the parents to remedy the problems	1473
that initially caused the child to be placed outside the home, the	1474
parent has failed continuously and repeatedly to substantially	1475
remedy the conditions causing the child to be placed outside the	1476
child's home. In determining whether the parents have	1477
substantially remedied those conditions, the court shall consider	1478
parental utilization of medical, psychiatric, psychological, and	1479
other social and rehabilitative services and material resources	1480
that were made available to the parents for the purpose of	1481
changing parental conduct to allow them to resume and maintain	1482
parental duties.	1483

(2) Chronic mental illness, chronic emotional illness, mental	1484
retardation, physical disability, or chemical dependency of the	1485
parent that is so severe that it makes the parent unable to	1486
provide an adequate permanent home for the child at the present	1487
time and, as anticipated, within one year after the court holds	1488
the hearing pursuant to division (A) of this section or for the	1489
purposes of division (A)(4) of section 2151.353 of the Revised	1490
Code;	1491

(3) The parent committed any abuse as described in section	1492
2151.031 of the Revised Code against the child, caused the child	1493
to suffer any neglect as described in section 2151.03 of the	1494
Revised Code, or allowed the child to suffer any neglect as	1495
described in section 2151.03 of the Revised Code between the date	1496
that the original complaint alleging abuse or neglect was filed	1497
and the date of the filing of the motion for permanent custody;	1498

(4) The parent has demonstrated a lack of commitment toward	1499
the child by failing to regularly support, visit, or communicate	1500
with the child when able to do so, or by other actions showing an	1501
unwillingness to provide an adequate permanent home for the child;	1502

(5) The parent is incarcerated for an offense committed	1503
against the child or a sibling of the child;	1504

(6) The parent has been convicted of or pleaded guilty to an	1505
offense under division (A) or (C) of section 2919.22 or under	1506
section 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.03,	1507
2905.04, 2905.05, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	1508
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	1509
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.24,	1510
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, or 3716.11 of the	1511
Revised Code and the child or a sibling of the child was a victim	1512
of the offense or the parent has been convicted of or pleaded	1513
guilty to an offense under section 2903.04 of the Revised Code, a	1514
sibling of the child was the victim of the offense, and the parent	1515
who committed the offense poses an ongoing danger to the child or	1516
a sibling of the child.	1517

(7) The parent has been convicted of or pleaded guilty to one	1518
of the following:	1519

(a) An offense under section 2903.01, 2903.02, or 2903.03 of	1520
the Revised Code or under an existing or former law of this state,	1521
any other state, or the United States that is substantially	1522
equivalent to an offense described in those sections and the	1523
victim of the offense was a sibling of the child or the victim was	1524
another child who lived in the parent's household at the time of	1525
the offense;	1526

(b) An offense under section 2903.11, 2903.12, or 2903.13 of	1527
the Revised Code or under an existing or former law of this state,	1528
any other state, or the United States that is substantially	1529
equivalent to an offense described in those sections and the	1530
victim of the offense is the child, a sibling of the child, or	1531
another child who lived in the parent's household at the time of	1532
the offense;	1533

(c) An offense under division (B)(2) of section 2919.22 of	1534
the Revised Code or under an existing or former law of this state,	1535
any other state, or the United States that is substantially	1536
equivalent to the offense described in that section and the child,	1537
a sibling of the child, or another child who lived in the parent's	1538
household at the time of the offense is the victim of the offense;	1539

(d) An offense under section 2907.02, 2907.03, 2907.04,	1540
2907.05, or 2907.06 of the Revised Code or under an existing or	1541
former law of this state, any other state, or the United States	1542
that is substantially equivalent to an offense described in those	1543
sections and the victim of the offense is the child, a sibling of	1544
the child, or another child who lived in the parent's household at	1545
the time of the offense;	1546

(e) A conspiracy or attempt to commit, or complicity in	1547
committing, an offense described in division (E)(7)(a) or (d) of	1548
this section.	1549

(8) The parent has repeatedly withheld medical treatment or	1550
food from the child when the parent has the means to provide the	1551
treatment or food, and, in the case of withheld medical treatment,	1552
the parent withheld it for a purpose other than to treat the	1553
physical or mental illness or defect of the child by spiritual	1554
means through prayer alone in accordance with the tenets of a	1555
recognized religious body.	1556

(9) The parent has placed the child at substantial risk of	1557
harm two or more times due to alcohol or drug abuse and has	1558
rejected treatment two or more times or refused to participate in	1559
further treatment two or more times after a case plan issued	1560
pursuant to section 2151.412 of the Revised Code requiring	1561
treatment of the parent was journalized as part of a dispositional	1562
order issued with respect to the child or an order was issued by	1563
any other court requiring treatment of the parent.	1564

(10) The parent has abandoned the child.

1565

(11) The parent has had parental rights involuntarily	1566
terminated pursuant to this section or section 2151.353 or	1567
2151.415 of the Revised Code with respect to a sibling of the	1568
child pursuant to this section or section 2151.353 or 2151.415 of	1569
the Revised Code or under an existing or former law of this state,	1570
any other state, or the United States that is substantially	1571
equivalent to those sections.	1572

(12) The parent is incarcerated at the time of the filing of	1573
the motion for permanent custody or the dispositional hearing of	1574
the child and will not be available to care for the child for at	1575
least eighteen months after the filing of the motion for permanent	1576
custody or the dispositional hearing.	1577

(13) The parent is repeatedly incarcerated, and the repeated	1578
incarceration prevents the parent from providing care for the	1579
child.	1580

(14) The parent for any reason is unwilling to provide food,	1581
clothing, shelter, and other basic necessities for the child or to	1582
prevent the child from suffering physical, emotional, or sexual	1583
abuse or physical, emotional, or mental neglect.	1584

(15) The parent has committed abuse as described in section	1585
2151.031 of the Revised Code against the child or caused or	1586
allowed the child to suffer neglect as described in section	1587
2151.03 of the Revised Code, and the court determines that the	1588
seriousness, nature, or likelihood of recurrence of the abuse or	1589
neglect makes the child's placement with the child's parent a	1590
threat to the child's safety.	1591

(16) Any other factor the court considers relevant.

1592

(F) The parents of a child for whom the court has issued an	1593
order granting permanent custody pursuant to this section, upon	1594
the issuance of the order, cease to be parties to the action. This	1595
division is not intended to eliminate or restrict any right of the	1596
parents to appeal the granting of permanent custody of their child	1597
to a movant pursuant to this section.	1598

Sec. 2151.417.  (A) Any court that issues a dispositional	1599
order pursuant to section 2151.353, 2151.414, or 2151.415 of the	1600
Revised Code may review at any time the child's placement or	1601
custody arrangement, the case plan prepared for the child pursuant	1602
to section 2151.412 of the Revised Code, the actions of the public	1603
children services agency or private child placing agency in	1604
implementing that case plan, the child's permanency plan, if the	1605
child's permanency plan has been approved, and any other aspects	1606
of the child's placement or custody arrangement. In conducting the	1607
review, the court shall determine the appropriateness of any	1608
agency actions, the safety and appropriateness of continuing the	1609
child's placement or custody arrangement, and whether any changes	1610
should be made with respect to the child's permanency plan or	1611
placement or custody arrangement or with respect to the actions of	1612
the agency under the child's placement or custody arrangement.	1613
Based upon the evidence presented at a hearing held after notice	1614
to all parties and the guardian ad litem of the child, the court	1615
may require the agency, the parents, guardian, or custodian of the	1616
child, and the physical custodians of the child to take any	1617
reasonable action that the court determines is necessary and in	1618
the best interest of the child or to discontinue any action that	1619
it determines is not in the best interest of the child.	1620

(B) If a court issues a dispositional order pursuant to	1621
section 2151.353, 2151.414, or 2151.415 of the Revised Code, the	1622
court has continuing jurisdiction over the child as set forth in	1623
division (E)(1) of section 2151.353 of the Revised Code. The court	1624
may amend a dispositional order in accordance with division (E)(2)	1625
of section 2151.353 of the Revised Code at any time upon its own	1626
motion or upon the motion of any interested party. The court shall	1627
comply with section 2151.42 of the Revised Code in amending any	1628
dispositional order pursuant to this division.	1629

(C) Any court that issues a dispositional order pursuant to	1630
section 2151.353, 2151.414, or 2151.415 of the Revised Code shall	1631
hold a review hearing one year after the earlier of the date on	1632
which the complaint in the case was filed or the child was first	1633
placed into shelter care to review the case plan prepared pursuant	1634
to section 2151.412 of the Revised Code and the child's placement	1635
or custody arrangement, to approve or review the permanency plan	1636
for the child, and to make changes to the case plan and placement	1637
or custody arrangement consistent with the permanency plan. The	1638
court shall schedule the review hearing at the time that it holds	1639
the dispositional hearing pursuant to section 2151.35 of the	1640
Revised Code.	1641

The court shall hold a similar review hearing no later than	1642
every twelve months after the initial review hearing until the	1643
child is adopted, returned to the parents, or the court otherwise	1644
terminates the child's placement or custody arrangement, except	1645
that the dispositional hearing held pursuant to section 2151.415	1646
of the Revised Code shall take the place of the first review	1647
hearing to be held under this section. The court shall schedule	1648
each subsequent review hearing at the conclusion of the review	1649
hearing immediately preceding the review hearing to be scheduled.	1650

(D) If, within fourteen days after a written summary of an	1651
administrative review is filed with the court pursuant to section	1652
2151.416 of the Revised Code, the court does not approve the	1653
proposed change to the case plan filed pursuant to division (E) of	1654
section 2151.416 of the Revised Code or a party or the guardian ad	1655
litem requests a review hearing pursuant to division (E) of that	1656
section, the court shall hold a review hearing in the same manner	1657
that it holds review hearings pursuant to division (C) of this	1658
section, except that if a review hearing is required by this	1659
division and if a hearing is to be held pursuant to division (C)	1660
of this section or section 2151.415 of the Revised Code, the	1661
hearing held pursuant to division (C) of this section or section	1662
2151.415 of the Revised Code shall take the place of the review	1663
hearing required by this division.	1664

(E) If a court determines pursuant to section 2151.419 of the	1665
Revised Code that a public children services agency or private	1666
child placing agency is not required to make reasonable efforts to	1667
prevent the removal of a child from the child's home, eliminate	1668
the continued removal of a child from the child's home, and return	1669
the child to the child's home, and the court does not return the	1670
child to the child's home pursuant to division (A)(3) of section	1671
2151.419 of the Revised Code, the court shall hold a review	1672
hearing to approve the permanency plan for the child and, if	1673
appropriate, to make changes to the child's case plan and the	1674
child's placement or custody arrangement consistent with the	1675
permanency plan. The court may hold the hearing immediately	1676
following the determination under section 2151.419 of the Revised	1677
Code and shall hold it no later than thirty days after making that	1678
determination.	1679

(F) The court shall give notice of the review hearings held	1680
pursuant to this section to every interested party, including, but	1681
not limited to, the appropriate agency employees who are	1682
responsible for the child's care and planning, the child's	1683
parents, any person who had guardianship or legal custody of the	1684
child prior to the custody order, the child's guardian ad litem,	1685
and the child. The court shall summon every interested party to	1686
appear at the review hearing and give them an opportunity to	1687
testify and to present other evidence with respect to the child's	1688
custody arrangement, including, but not limited to, the following:	1689
the case plan for the child, the permanency plan, if one exists;	1690
the actions taken by the child's custodian; the need for a change	1691
in the child's custodian or caseworker; and the need for any	1692
specific action to be taken with respect to the child. The court	1693
shall require any interested party to testify or present other	1694
evidence when necessary to a proper determination of the issues	1695
presented at the review hearing. In any review hearing that	1696
pertains to a permanency plan for a child who will not be returned	1697
to the parent, the court shall consider in-state and out-of-state	1698
placement options and the court shall determine whether the	1699
in-state or the out-of-state placement continues to be appropriate	1700
and in the best interests of the child. In any review hearing that	1701
pertains to a permanency plan for a child, the court or a citizens	1702
board appointed by the court pursuant to division (H) of this	1703
section shall consult with the child, in an age-appropriate	1704
manner, regarding the proposed permanency plan for the child.	1705

(G) After the review hearing, the court shall take the	1706
following actions based upon the evidence presented:	1707

(1) If an administrative review has been conducted, determine	1708
whether the conclusions of the review are supported by a	1709
preponderance of the evidence and approve or modify the case plan	1710
based upon that evidence;	1711

(2) If the hearing was held under division (C) or (E) of this	1712
section, approve a permanency plan for the child that specifies	1713
whether and, if applicable, when the child will be safely returned	1714
home or placed for adoption, for legal custody, or in a planned	1715
permanent living arrangement. A permanency plan approved after a	1716
hearing under division (E) of this section shall not include any	1717
provision requiring the child to be returned to the child's home.	1718

(3) If the child is in temporary custody, do all of the	1719
following:	1720

(a) Determine whether the child can and should be returned	1721
home with or without an order for protective supervision;	1722

(b) If the child can and should be returned home with or	1723
without an order for protective supervision, terminate the order	1724
for temporary custody;	1725

(c) If the child cannot or should not be returned home with	1726
an order for protective supervision, determine whether the agency	1727
currently with custody of the child should retain custody or	1728
whether another public children services agency, private child	1729
placing agency, or an individual should be given custody of the	1730
child.	1731

The court shall comply with section 2151.42 of the Revised	1732
Code in taking any action under this division.	1733

(4) If the child is in permanent custody, determine what	1734
actions are required by the custodial agency and of any other	1735
organizations or persons in order to facilitate an adoption of the	1736
child and make any appropriate orders with respect to the custody	1737
arrangement or conditions of the child, including, but not limited	1738
to, a transfer of permanent custody to another public children	1739
services agency or private child placing agency;	1740

(5) Journalize the terms of the updated case plan for the	1741
child.	1742

(H) The court may appoint a referee or a citizens review	1743
board to conduct the review hearings that the court is required by	1744
this section to conduct, subject to the review and approval by the	1745
court of any determinations made by the referee or citizens review	1746
board. If the court appoints a citizens review board to conduct	1747
the review hearings, the board shall consist of one member	1748
representing the general public and four members who are trained	1749
or experienced in the care or placement of children and have	1750
training or experience in the fields of medicine, psychology,	1751
social work, education, or any related field. Of the initial	1752
appointments to the board, two shall be for a term of one year,	1753
two shall be for a term of two years, and one shall be for a term	1754
of three years, with all the terms ending one year after the date	1755
on which the appointment was made. Thereafter, all terms of the	1756
board members shall be for three years and shall end on the same	1757
day of the same month of the year as did the term that they	1758
succeed. Any member appointed to fill a vacancy occurring prior to	1759
the expiration of the term for which the member's predecessor was	1760
appointed shall hold office for the remainder of the term.	1761

(I) A copy of the court's determination following any review	1762
hearing held pursuant to this section shall be sent to the	1763
custodial agency, the guardian ad litem of the child who is the	1764
subject of the review hearing, and, if that child is not the	1765
subject of a permanent commitment hearing, the parents of the	1766
child.	1767

(J) If the hearing held under this section takes the place of	1768
an administrative review that otherwise would have been held under	1769
section 2151.416 of the Revised Code, the court at the hearing	1770
held under this section shall do all of the following in addition	1771
to any other requirements of this section:	1772

(1) Determine the continued necessity for and the safety and	1773
appropriateness of the child's placement;	1774

(2) Determine the extent of compliance with the child's case	1775
plan;	1776

(3) Determine the extent of progress that has been made	1777
toward alleviating or mitigating the causes necessitating the	1778
child's placement in foster care;	1779

(4) Project a likely date by which the child may be safely	1780
returned home or placed for adoption or legal custody.	1781

(K)(1) Whenever the court is required to approve a permanency	1782
plan under this section or section 2151.415 of the Revised Code,	1783
the public children services agency or private child placing	1784
agency that filed the complaint in the case, has custody of the	1785
child, or will be given custody of the child shall develop a	1786
permanency plan for the child. The agency must file the plan with	1787
the court prior to the hearing under this section or section	1788
2151.415 of the Revised Code.	1789

(2) The permanency plan developed by the agency must specify	1790
whether and, if applicable, when the child will be safely returned	1791
home or placed for adoption or legal custody. If the agency	1792
determines that there is a compelling reason why returning the	1793
child home or placing the child for adoption or legal custody is	1794
not in the best interest of the child, the plan shall provide that	1795
the child will be placed in a planned permanent living	1796
arrangement. A permanency plan developed as a result of a	1797
determination made under division (A)(2) of section 2151.419 of	1798
the Revised Code may not include any provision requiring the child	1799
to be returned home.	1800

Sec. 2151.419.  (A)(1) Except as provided in division (A)(2)	1801
of this section, at any hearing held pursuant to section 2151.28,	1802
division (E) of section 2151.31, or section 2151.314, 2151.33, or	1803
2151.353 of the Revised Code at which the court removes a child	1804
from the child's home or continues the removal of a child from the	1805
child's home, the court shall determine whether the public	1806
children services agency or private child placing agency that	1807
filed the complaint in the case, removed the child from home, has	1808
custody of the child, or will be given custody of the child has	1809
made reasonable efforts to prevent the removal of the child from	1810
the child's home, to eliminate the continued removal of the child	1811
from the child's home, or to make it possible for the child to	1812
return safely home. The agency shall have the burden of proving	1813
that it has made those reasonable efforts. If the agency removed	1814
the child from home during an emergency in which the child could	1815
not safely remain at home and the agency did not have prior	1816
contact with the child, the court is not prohibited, solely	1817
because the agency did not make reasonable efforts during the	1818
emergency to prevent the removal of the child, from determining	1819
that the agency made those reasonable efforts. In determining	1820
whether reasonable efforts were made, the child's health and	1821
safety shall be paramount.	1822

(2) If any of the following apply, the court shall make a	1823
determination that the agency is not required to make reasonable	1824
efforts to prevent the removal of the child from the child's home,	1825
eliminate the continued removal of the child from the child's	1826
home, and return the child to the child's home:	1827

(a) The parent from whom the child was removed has been	1828
convicted of or pleaded guilty to one of the following:	1829

(i) An offense under section 2903.01, 2903.02, or 2903.03 of	1830
the Revised Code or under an existing or former law of this state,	1831
any other state, or the United States that is substantially	1832
equivalent to an offense described in those sections and the	1833
victim of the offense was a sibling of the child or the victim was	1834
another child who lived in the parent's household at the time of	1835
the offense;	1836

(ii) An offense under section 2903.11, 2903.12, or 2903.13 of	1837
the Revised Code or under an existing or former law of this state,	1838
any other state, or the United States that is substantially	1839
equivalent to an offense described in those sections and the	1840
victim of the offense is the child, a sibling of the child, or	1841
another child who lived in the parent's household at the time of	1842
the offense;	1843

(iii) An offense under division (B)(2) of section 2919.22 of	1844
the Revised Code or under an existing or former law of this state,	1845
any other state, or the United States that is substantially	1846
equivalent to the offense described in that section and the child,	1847
a sibling of the child, or another child who lived in the parent's	1848
household at the time of the offense is the victim of the offense;	1849

(iv) An offense under section 2907.02, 2907.03, 2907.04,	1850
2907.05, or 2907.06 of the Revised Code or under an existing or	1851
former law of this state, any other state, or the United States	1852
that is substantially equivalent to an offense described in those	1853
sections and the victim of the offense is the child, a sibling of	1854
the child, or another child who lived in the parent's household at	1855
the time of the offense;	1856

(v) A conspiracy or attempt to commit, or complicity in	1857
committing, an offense described in division (A)(2)(a)(i) or (iv)	1858
of this section.	1859

(b) The parent from whom the child was removed has repeatedly	1860
withheld medical treatment or food from the child when the parent	1861
has the means to provide the treatment or food. If the parent has	1862
withheld medical treatment in order to treat the physical or	1863
mental illness or defect of the child by spiritual means through	1864
prayer alone, in accordance with the tenets of a recognized	1865
religious body, the court or agency shall comply with the	1866
requirements of division (A)(1) of this section.	1867

(c) The parent from whom the child was removed has placed the	1868
child at substantial risk of harm two or more times due to alcohol	1869
or drug abuse and has rejected treatment two or more times or	1870
refused to participate in further treatment two or more times	1871
after a case plan issued pursuant to section 2151.412 of the	1872
Revised Code requiring treatment of the parent was journalized as	1873
part of a dispositional order issued with respect to the child or	1874
an order was issued by any other court requiring such treatment of	1875
the parent.	1876

(d) The parent from whom the child was removed has abandoned	1877
the child.	1878

(e) The parent from whom the child was removed has had	1879
parental rights involuntarily terminated pursuant to section	1880
2151.353, 2151.414, or 2151.415 of the Revised Code with respect	1881
to a sibling of the child pursuant to section 2151.353, 2151.414,	1882
or 2151.415 of the Revised Code or under an existing or former law	1883
of this state, any other state, or the United States that is	1884
substantially equivalent to those sections.	1885

(3) At any hearing in which the court determines whether to	1886
return a child to the child's home, the court may issue an order	1887
that returns the child in situations in which the conditions	1888
described in divisions (A)(2)(a) to (e) of this section are	1889
present.	1890

(B)(1) A court that is required to make a determination as	1891
described in division (A)(1) or (2) of this section shall issue	1892
written findings of fact setting forth the reasons supporting its	1893
determination. If the court makes a written determination under	1894
division (A)(1) of this section, it shall briefly describe in the	1895
findings of fact the relevant services provided by the agency to	1896
the family of the child and why those services did not prevent the	1897
removal of the child from the child's home or enable the child to	1898
return safely home.	1899

(2) If a court issues an order that returns the child to the	1900
child's home in situations in which division (A)(2)(a), (b), (c),	1901
(d), or (e) of this section applies, the court shall issue written	1902
findings of fact setting forth the reasons supporting its	1903
determination.	1904

(C) If the court makes a determination pursuant to division	1905
(A)(2) of this section, the court shall conduct a review hearing	1906
pursuant to section 2151.417 of the Revised Code to approve a	1907
permanency plan with respect to the child, unless the court issues	1908
an order returning the child home pursuant to division (A)(3) of	1909
this section. The hearing to approve the permanency plan may be	1910
held immediately following the court's determination pursuant to	1911
division (A)(2) of this section and shall be held no later than	1912
thirty days following that determination.	1913

Sec. 2151.421.  (A)(1)(a) No person described in division	1914
(A)(1)(b) of this section who is acting in an official or	1915
professional capacity and knows, or has reasonable cause to	1916
suspect based on facts that would cause a reasonable person in a	1917
similar position to suspect, that a child under eighteen years of	1918
age or a mentally retarded, developmentally disabled, or	1919
physically impaired child under twenty-one years of age has	1920
suffered or faces a threat of suffering any physical or mental	1921
wound, injury, disability, or condition of a nature that	1922
reasonably indicates abuse or neglect of the child shall fail to	1923
immediately report that knowledge or reasonable cause to suspect	1924
to the entity or persons specified in this division. Except as	1925
provided in section 5120.173 of the Revised Code, the person	1926
making the report shall make it to the public children services	1927
agency or a municipal or county peace officer in the county in	1928
which the child resides or in which the abuse or neglect is	1929
occurring or has occurred. In the circumstances described in	1930
section 5120.173 of the Revised Code, the person making the report	1931
shall make it to the entity specified in that section.	1932

(b) Division (A)(1)(a) of this section applies to any person	1933
who is an attorney; physician, including a hospital intern or	1934
resident; dentist; podiatrist; practitioner of a limited branch of	1935
medicine as specified in section 4731.15 of the Revised Code;	1936
registered nurse; licensed practical nurse; visiting nurse; other	1937
health care professional; licensed psychologist; licensed school	1938
psychologist; independent marriage and family therapist or	1939
marriage and family therapist; speech pathologist or audiologist;	1940
coroner; administrator or employee of a child day-care center;	1941
administrator or employee of a residential camp or child day camp;	1942
administrator or employee of a certified child care agency or	1943
other public or private children services agency; school teacher;	1944
school employee; school authority; person engaged in social work	1945
or the practice of professional counseling; agent of a county	1946
humane society; person, other than a cleric, rendering spiritual	1947
treatment through prayer in accordance with the tenets of a	1948
well-recognized religion; employee of a county department of job	1949
and family services who is a professional and who works with	1950
children and families; superintendent, board member, or employee	1951
of a county board of mental retardation; investigative agent	1952
contracted with by a county board of mental retardation; employee	1953
of the department of mental retardation and developmental	1954
disabilities; employee of a facility or home that provides respite	1955
care in accordance with section 5123.171 of the Revised Code;	1956
employee of a home health agency; employee of an entity that	1957
provides homemaker services; a person performing the duties of an	1958
assessor pursuant to Chapter 3107. or 5103. of the Revised Code;	1959
or third party employed by a public children services agency to	1960
assist in providing child or family related services.	1961

(2) Except as provided in division (A)(3) of this section, an	1962
attorney or a physician is not required to make a report pursuant	1963
to division (A)(1) of this section concerning any communication	1964
the attorney or physician receives from a client or patient in an	1965
attorney-client or physician-patient relationship, if, in	1966
accordance with division (A) or (B) of section 2317.02 of the	1967
Revised Code, the attorney or physician could not testify with	1968
respect to that communication in a civil or criminal proceeding.	1969

(3) The client or patient in an attorney-client or	1970
physician-patient relationship described in division (A)(2) of	1971
this section is deemed to have waived any testimonial privilege	1972
under division (A) or (B) of section 2317.02 of the Revised Code	1973
with respect to any communication the attorney or physician	1974
receives from the client or patient in that attorney-client or	1975
physician-patient relationship, and the attorney or physician	1976
shall make a report pursuant to division (A)(1) of this section	1977
with respect to that communication, if all of the following apply:	1978

(a) The client or patient, at the time of the communication,	1979
is either a child under eighteen years of age or a mentally	1980
retarded, developmentally disabled, or physically impaired person	1981
under twenty-one years of age.	1982

(b) The attorney or physician knows, or has reasonable cause	1983
to suspect based on facts that would cause a reasonable person in	1984
similar position to suspect, as a result of the communication or	1985
any observations made during that communication, that the client	1986
or patient has suffered or faces a threat of suffering any	1987
physical or mental wound, injury, disability, or condition of a	1988
nature that reasonably indicates abuse or neglect of the client or	1989
patient.	1990

(c) The abuse or neglect does not arise out of the client's	1991
or patient's attempt to have an abortion without the notification	1992
of her parents, guardian, or custodian in accordance with section	1993
2151.85 of the Revised Code.	1994

(4)(a) No cleric and no person, other than a volunteer,	1995
designated by any church, religious society, or faith acting as a	1996
leader, official, or delegate on behalf of the church, religious	1997
society, or faith who is acting in an official or professional	1998
capacity, who knows, or has reasonable cause to believe based on	1999
facts that would cause a reasonable person in a similar position	2000
to believe, that a child under eighteen years of age or a mentally	2001
retarded, developmentally disabled, or physically impaired child	2002
under twenty-one years of age has suffered or faces a threat of	2003
suffering any physical or mental wound, injury, disability, or	2004
condition of a nature that reasonably indicates abuse or neglect	2005
of the child, and who knows, or has reasonable cause to believe	2006
based on facts that would cause a reasonable person in a similar	2007
position to believe, that another cleric or another person, other	2008
than a volunteer, designated by a church, religious society, or	2009
faith acting as a leader, official, or delegate on behalf of the	2010
church, religious society, or faith caused, or poses the threat of	2011
causing, the wound, injury, disability, or condition that	2012
reasonably indicates abuse or neglect shall fail to immediately	2013
report that knowledge or reasonable cause to believe to the entity	2014
or persons specified in this division. Except as provided in	2015
section 5120.173 of the Revised Code, the person making the report	2016
shall make it to the public children services agency or a	2017
municipal or county peace officer in the county in which the child	2018
resides or in which the abuse or neglect is occurring or has	2019
occurred. In the circumstances described in section 5120.173 of	2020
the Revised Code, the person making the report shall make it to	2021
the entity specified in that section.	2022

(b) Except as provided in division (A)(4)(c) of this section,	2023
a cleric is not required to make a report pursuant to division	2024
(A)(4)(a) of this section concerning any communication the cleric	2025
receives from a penitent in a cleric-penitent relationship, if, in	2026
accordance with division (C) of section 2317.02 of the Revised	2027
Code, the cleric could not testify with respect to that	2028
communication in a civil or criminal proceeding.	2029

(c) The penitent in a cleric-penitent relationship described	2030
in division (A)(4)(b) of this section is deemed to have waived any	2031
testimonial privilege under division (C) of section 2317.02 of the	2032
Revised Code with respect to any communication the cleric receives	2033
from the penitent in that cleric-penitent relationship, and the	2034
cleric shall make a report pursuant to division (A)(4)(a) of this	2035
section with respect to that communication, if all of the	2036
following apply:	2037

(i) The penitent, at the time of the communication, is either	2038
a child under eighteen years of age or a mentally retarded,	2039
developmentally disabled, or physically impaired person under	2040
twenty-one years of age.	2041

(ii) The cleric knows, or has reasonable cause to believe	2042
based on facts that would cause a reasonable person in a similar	2043
position to believe, as a result of the communication or any	2044
observations made during that communication, the penitent has	2045
suffered or faces a threat of suffering any physical or mental	2046
wound, injury, disability, or condition of a nature that	2047
reasonably indicates abuse or neglect of the penitent.	2048

(iii) The abuse or neglect does not arise out of the	2049
penitent's attempt to have an abortion performed upon a child	2050
under eighteen years of age or upon a mentally retarded,	2051
developmentally disabled, or physically impaired person under	2052
twenty-one years of age without the notification of her parents,	2053
guardian, or custodian in accordance with section 2151.85 of the	2054
Revised Code.	2055

(d) Divisions (A)(4)(a) and (c) of this section do not apply	2056
in a cleric-penitent relationship when the disclosure of any	2057
communication the cleric receives from the penitent is in	2058
violation of the sacred trust.	2059

(e) As used in divisions (A)(1) and (4) of this section,	2060
"cleric" and "sacred trust" have the same meanings as in section	2061
2317.02 of the Revised Code.	2062

(B) Anyone who knows, or has reasonable cause to suspect	2063
based on facts that would cause a reasonable person in similar	2064
circumstances to suspect, that a child under eighteen years of age	2065
or a mentally retarded, developmentally disabled, or physically	2066
impaired person under twenty-one years of age has suffered or	2067
faces a threat of suffering any physical or mental wound, injury,	2068
disability, or other condition of a nature that reasonably	2069
indicates abuse or neglect of the child may report or cause	2070
reports to be made of that knowledge or reasonable cause to	2071
suspect to the entity or persons specified in this division.	2072
Except as provided in section 5120.173 of the Revised Code, a	2073
person making a report or causing a report to be made under this	2074
division shall make it or cause it to be made to the public	2075
children services agency or to a municipal or county peace	2076
officer. In the circumstances described in section 5120.173 of the	2077
Revised Code, a person making a report or causing a report to be	2078
made under this division shall make it or cause it to be made to	2079
the entity specified in that section.	2080

(C) Any report made pursuant to division (A) or (B) of this	2081
section shall be made forthwith either by telephone or in person	2082
and shall be followed by a written report, if requested by the	2083
receiving agency or officer. The written report shall contain:	2084

(1) The names and addresses of the child and the child's	2085
parents or the person or persons having custody of the child, if	2086
known;	2087

(2) The child's age and the nature and extent of the child's	2088
injuries, abuse, or neglect that is known or reasonably suspected	2089
or believed, as applicable, to have occurred or of the threat of	2090
injury, abuse, or neglect that is known or reasonably suspected or	2091
believed, as applicable, to exist, including any evidence of	2092
previous injuries, abuse, or neglect;	2093

(3) Any other information that might be helpful in	2094
establishing the cause of the injury, abuse, or neglect that is	2095
known or reasonably suspected or believed, as applicable, to have	2096
occurred or of the threat of injury, abuse, or neglect that is	2097
known or reasonably suspected or believed, as applicable, to	2098
exist.	2099

Any person, who is required by division (A) of this section	2100
to report child abuse or child neglect that is known or reasonably	2101
suspected or believed to have occurred, may take or cause to be	2102
taken color photographs of areas of trauma visible on a child and,	2103
if medically indicated, cause to be performed radiological	2104
examinations of the child.	2105

(D) As used in this division, "children's advocacy center"	2106
and "sexual abuse of a child" have the same meanings as in section	2107
2151.425 of the Revised Code.	2108

(1) When a municipal or county peace officer receives a	2109
report concerning the possible abuse or neglect of a child or the	2110
possible threat of abuse or neglect of a child, upon receipt of	2111
the report, the municipal or county peace officer who receives the	2112
report shall refer the report to the appropriate public children	2113
services agency.	2114

(2) When a public children services agency receives a report	2115
pursuant to this division or division (A) or (B) of this section,	2116
upon receipt of the report, the public children services agency	2117
shall do both of the following:	2118

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

2119

(b) If the county served by the agency is also served by a	2120
children's advocacy center and the report alleges sexual abuse of	2121
a child or another type of abuse of a child that is specified in	2122
the memorandum of understanding that creates the center as being	2123
within the center's jurisdiction, comply regarding the report with	2124
the protocol and procedures for referrals and investigations, with	2125
the coordinating activities, and with the authority or	2126
responsibility for performing or providing functions, activities,	2127
and services stipulated in the interagency agreement entered into	2128
under section 2151.428 of the Revised Code relative to that	2129
center.	2130

(E) No township, municipal, or county peace officer shall	2131
remove a child about whom a report is made pursuant to this	2132
section from the child's parents, stepparents, or guardian or any	2133
other persons having custody of the child without consultation	2134
with the public children services agency, unless, in the judgment	2135
of the officer, and, if the report was made by physician, the	2136
physician, immediate removal is considered essential to protect	2137
the child from further abuse or neglect. The agency that must be	2138
consulted shall be the agency conducting the investigation of the	2139
report as determined pursuant to section 2151.422 of the Revised	2140
Code.	2141

(F)(1) Except as provided in section 2151.422 of the Revised	2142
Code or in an interagency agreement entered into under section	2143
2151.428 of the Revised Code that applies to the particular	2144
report, the public children services agency shall investigate,	2145
within twenty-four hours, each report of child abuse or child	2146
neglect that is known or reasonably suspected or believed to have	2147
occurred and of a threat of child abuse or child neglect that is	2148
known or reasonably suspected or believed to exist that is	2149
referred to it under this section to determine the circumstances	2150
surrounding the injuries, abuse, or neglect or the threat of	2151
injury, abuse, or neglect, the cause of the injuries, abuse,	2152
neglect, or threat, and the person or persons responsible. The	2153
investigation shall be made in cooperation with the law	2154
enforcement agency and in accordance with the memorandum of	2155
understanding prepared under division (J) of this section. A	2156
representative of the public children services agency shall, at	2157
the time of initial contact with the person subject to the	2158
investigation, inform the person of the specific complaints or	2159
allegations made against the person. The information shall be	2160
given in a manner that is consistent with division (H)(1) of this	2161
section and protects the rights of the person making the report	2162
under this section.	2163

A failure to make the investigation in accordance with the	2164
memorandum is not grounds for, and shall not result in, the	2165
dismissal of any charges or complaint arising from the report or	2166
the suppression of any evidence obtained as a result of the report	2167
and does not give, and shall not be construed as giving, any	2168
rights or any grounds for appeal or post-conviction relief to any	2169
person. The public children services agency shall report each case	2170
to the uniform statewide automated child welfare information	2171
system that the department of job and family services shall	2172
maintain in accordance with section 5101.13 of the Revised Code.	2173
The public children services agency shall submit a report of its	2174
investigation, in writing, to the law enforcement agency.	2175

(2) The public children services agency shall make any	2176
recommendations to the county prosecuting attorney or city	2177
director of law that it considers necessary to protect any	2178
children that are brought to its attention.	2179

(G)(1)(a) Except as provided in division (H)(3) of this	2180
section, anyone or any hospital, institution, school, health	2181
department, or agency participating in the making of reports under	2182
division (A) of this section, anyone or any hospital, institution,	2183
school, health department, or agency participating in good faith	2184
in the making of reports under division (B) of this section, and	2185
anyone participating in good faith in a judicial proceeding	2186
resulting from the reports, shall be immune from any civil or	2187
criminal liability for injury, death, or loss to person or	2188
property that otherwise might be incurred or imposed as a result	2189
of the making of the reports or the participation in the judicial	2190
proceeding.	2191

(b) Notwithstanding section 4731.22 of the Revised Code, the	2192
physician-patient privilege shall not be a ground for excluding	2193
evidence regarding a child's injuries, abuse, or neglect, or the	2194
cause of the injuries, abuse, or neglect in any judicial	2195
proceeding resulting from a report submitted pursuant to this	2196
section.	2197

(2) In any civil or criminal action or proceeding in which it	2198
is alleged and proved that participation in the making of a report	2199
under this section was not in good faith or participation in a	2200
judicial proceeding resulting from a report made under this	2201
section was not in good faith, the court shall award the	2202
prevailing party reasonable attorney's fees and costs and, if a	2203
civil action or proceeding is voluntarily dismissed, may award	2204
reasonable attorney's fees and costs to the party against whom the	2205
civil action or proceeding is brought.	2206

(H)(1) Except as provided in divisions (H)(4) and (M) of this	2207
section, a report made under this section is confidential. The	2208
information provided in a report made pursuant to this section and	2209
the name of the person who made the report shall not be released	2210
for use, and shall not be used, as evidence in any civil action or	2211
proceeding brought against the person who made the report. In a	2212
criminal proceeding, the report is admissible in evidence in	2213
accordance with the Rules of Evidence and is subject to discovery	2214
in accordance with the Rules of Criminal Procedure.	2215

(2) No person shall permit or encourage the unauthorized	2216
dissemination of the contents of any report made under this	2217
section.	2218

(3) A person who knowingly makes or causes another person to	2219
make a false report under division (B) of this section that	2220
alleges that any person has committed an act or omission that	2221
resulted in a child being an abused child or a neglected child is	2222
guilty of a violation of section 2921.14 of the Revised Code.	2223

(4) If a report is made pursuant to division (A) or (B) of	2224
this section and the child who is the subject of the report dies	2225
for any reason at any time after the report is made, but before	2226
the child attains eighteen years of age, the public children	2227
services agency or municipal or county peace officer to which the	2228
report was made or referred, on the request of the child fatality	2229
review board, shall submit a summary sheet of information	2230
providing a summary of the report to the review board of the	2231
county in which the deceased child resided at the time of death.	2232
On the request of the review board, the agency or peace officer	2233
may, at its discretion, make the report available to the review	2234
board. If the county served by the public children services agency	2235
is also served by a children's advocacy center and the report of	2236
alleged sexual abuse of a child or another type of abuse of a	2237
child is specified in the memorandum of understanding that creates	2238
the center as being within the center's jurisdiction, the agency	2239
or center shall perform the duties and functions specified in this	2240
division in accordance with the interagency agreement entered into	2241
under section 2151.428 of the Revised Code relative to that	2242
advocacy center.	2243

(5) A public children services agency shall advise a person	2244
alleged to have inflicted abuse or neglect on a child who is the	2245
subject of a report made pursuant to this section, including a	2246
report alleging sexual abuse of a child or another type of abuse	2247
of a child referred to a children's advocacy center pursuant to an	2248
interagency agreement entered into under section 2151.428 of the	2249
Revised Code, in writing of the disposition of the investigation.	2250
The agency shall not provide to the person any information that	2251
identifies the person who made the report, statements of	2252
witnesses, or police or other investigative reports.	2253

(I) Any report that is required by this section, other than a	2254
report that is made to the state highway patrol as described in	2255
section 5120.173 of the Revised Code, shall result in protective	2256
services and emergency supportive services being made available by	2257
the public children services agency on behalf of the children	2258
about whom the report is made, in an effort to prevent further	2259
neglect or abuse, to enhance their welfare, and, whenever	2260
possible, to preserve the family unit intact. The agency required	2261
to provide the services shall be the agency conducting the	2262
investigation of the report pursuant to section 2151.422 of the	2263
Revised Code.	2264

(J)(1) Each public children services agency shall prepare a	2265
memorandum of understanding that is signed by all of the	2266
following:	2267

(a) If there is only one juvenile judge in the county, the	2268
juvenile judge of the county or the juvenile judge's	2269
representative;	2270

(b) If there is more than one juvenile judge in the county, a	2271
juvenile judge or the juvenile judges' representative selected by	2272
the juvenile judges or, if they are unable to do so for any	2273
reason, the juvenile judge who is senior in point of service or	2274
the senior juvenile judge's representative;	2275

(c) The county peace officer;

2276

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

2277

(e) Other law enforcement officers handling child abuse and	2278
neglect cases in the county;	2279

(f) The prosecuting attorney of the county;

2280

(g) If the public children services agency is not the county	2281
department of job and family services, the county department of	2282
job and family services;	2283

(h) The county humane society;

2284

(i) If the public children services agency participated in	2285
the execution of a memorandum of understanding under section	2286
2151.426 of the Revised Code establishing a children's advocacy	2287
center, each participating member of the children's advocacy	2288
center established by the memorandum.	2289

(2) A memorandum of understanding shall set forth the normal	2290
operating procedure to be employed by all concerned officials in	2291
the execution of their respective responsibilities under this	2292
section and division (C) of section 2919.21, division (B)(1) of	2293
section 2919.22, division (B) of section 2919.23, and section	2294
2919.24 of the Revised Code and shall have as two of its primary	2295
goals the elimination of all unnecessary interviews of children	2296
who are the subject of reports made pursuant to division (A) or	2297
(B) of this section and, when feasible, providing for only one	2298
interview of a child who is the subject of any report made	2299
pursuant to division (A) or (B) of this section. A failure to	2300
follow the procedure set forth in the memorandum by the concerned	2301
officials is not grounds for, and shall not result in, the	2302
dismissal of any charges or complaint arising from any reported	2303
case of abuse or neglect or the suppression of any evidence	2304
obtained as a result of any reported child abuse or child neglect	2305
and does not give, and shall not be construed as giving, any	2306
rights or any grounds for appeal or post-conviction relief to any	2307
person.	2308

(3) A memorandum of understanding shall include all of the	2309
following:	2310

(a) The roles and responsibilities for handling emergency and	2311
nonemergency cases of abuse and neglect;	2312

(b) Standards and procedures to be used in handling and	2313
coordinating investigations of reported cases of child abuse and	2314
reported cases of child neglect, methods to be used in	2315
interviewing the child who is the subject of the report and who	2316
allegedly was abused or neglected, and standards and procedures	2317
addressing the categories of persons who may interview the child	2318
who is the subject of the report and who allegedly was abused or	2319
neglected.	2320

(4) If a public children services agency participated in the	2321
execution of a memorandum of understanding under section 2151.426	2322
of the Revised Code establishing a children's advocacy center, the	2323
agency shall incorporate the contents of that memorandum in the	2324
memorandum prepared pursuant to this section.	2325

(5) The clerk of the court of common pleas in the county may	2326
sign the memorandum of understanding prepared under division	2327
(J)(1) of this section. If the clerk signs the memorandum of	2328
understanding, the clerk shall execute all relevant	2329
responsibilities as required of officials specified in the	2330
memorandum.	2331

(K)(1) Except as provided in division (K)(4) of this section,	2332
a person who is required to make a report pursuant to division (A)	2333
of this section may make a reasonable number of requests of the	2334
public children services agency that receives or is referred the	2335
report, or of the children's advocacy center that is referred the	2336
report if the report is referred to a children's advocacy center	2337
pursuant to an interagency agreement entered into under section	2338
2151.428 of the Revised Code, to be provided with the following	2339
information:	2340

(a) Whether the agency or center has initiated an	2341
investigation of the report;	2342

(b) Whether the agency or center is continuing to investigate	2343
the report;	2344

(c) Whether the agency or center is otherwise involved with	2345
the child who is the subject of the report;	2346

(d) The general status of the health and safety of the child	2347
who is the subject of the report;	2348

(e) Whether the report has resulted in the filing of a	2349
complaint in juvenile court or of criminal charges in another	2350
court.	2351

(2) A person may request the information specified in	2352
division (K)(1) of this section only if, at the time the report is	2353
made, the person's name, address, and telephone number are	2354
provided to the person who receives the report.	2355

When a municipal or county peace officer or employee of a	2356
public children services agency receives a report pursuant to	2357
division (A) or (B) of this section the recipient of the report	2358
shall inform the person of the right to request the information	2359
described in division (K)(1) of this section. The recipient of the	2360
report shall include in the initial child abuse or child neglect	2361
report that the person making the report was so informed and, if	2362
provided at the time of the making of the report, shall include	2363
the person's name, address, and telephone number in the report.	2364

Each request is subject to verification of the identity of	2365
the person making the report. If that person's identity is	2366
verified, the agency shall provide the person with the information	2367
described in division (K)(1) of this section a reasonable number	2368
of times, except that the agency shall not disclose any	2369
confidential information regarding the child who is the subject of	2370
the report other than the information described in those	2371
divisions.	2372

(3) A request made pursuant to division (K)(1) of this	2373
section is not a substitute for any report required to be made	2374
pursuant to division (A) of this section.	2375

(4) If an agency other than the agency that received or was	2376
referred the report is conducting the investigation of the report	2377
pursuant to section 2151.422 of the Revised Code, the agency	2378
conducting the investigation shall comply with the requirements of	2379
division (K) of this section.	2380

(L) The director of job and family services shall adopt rules	2381
in accordance with Chapter 119. of the Revised Code to implement	2382
this section. The department of job and family services may enter	2383
into a plan of cooperation with any other governmental entity to	2384
aid in ensuring that children are protected from abuse and	2385
neglect. The department shall make recommendations to the attorney	2386
general that the department determines are necessary to protect	2387
children from child abuse and child neglect.	2388

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

2389

(a) "Out-of-home care" includes a nonchartered nonpublic	2390
school if the alleged child abuse or child neglect, or alleged	2391
threat of child abuse or child neglect, described in a report	2392
received by a public children services agency allegedly occurred	2393
in or involved the nonchartered nonpublic school and the alleged	2394
perpetrator named in the report holds a certificate, permit, or	2395
license issued by the state board of education under section	2396
3301.071 or Chapter 3319. of the Revised Code.	2397

(b) "Administrator, director, or other chief administrative	2398
officer" means the superintendent of the school district if the	2399
out-of-home care entity subject to a report made pursuant to this	2400
section is a school operated by the district.	2401

(2) No later than the end of the day following the day on	2402
which a public children services agency receives a report of	2403
alleged child abuse or child neglect, or a report of an alleged	2404
threat of child abuse or child neglect, that allegedly occurred in	2405
or involved an out-of-home care entity, the agency shall provide	2406
written notice of the allegations contained in and the person	2407
named as the alleged perpetrator in the report to the	2408
administrator, director, or other chief administrative officer of	2409
the out-of-home care entity that is the subject of the report	2410
unless the administrator, director, or other chief administrative	2411
officer is named as an alleged perpetrator in the report. If the	2412
administrator, director, or other chief administrative officer of	2413
an out-of-home care entity is named as an alleged perpetrator in a	2414
report of alleged child abuse or child neglect, or a report of an	2415
alleged threat of child abuse or child neglect, that allegedly	2416
occurred in or involved the out-of-home care entity, the agency	2417
shall provide the written notice to the owner or governing board	2418
of the out-of-home care entity that is the subject of the report.	2419
The agency shall not provide witness statements or police or other	2420
investigative reports.	2421

(3) No later than three days after the day on which a public	2422
children services agency that conducted the investigation as	2423
determined pursuant to section 2151.422 of the Revised Code makes	2424
a disposition of an investigation involving a report of alleged	2425
child abuse or child neglect, or a report of an alleged threat of	2426
child abuse or child neglect, that allegedly occurred in or	2427
involved an out-of-home care entity, the agency shall send written	2428
notice of the disposition of the investigation to the	2429
administrator, director, or other chief administrative officer and	2430
the owner or governing board of the out-of-home care entity. The	2431
agency shall not provide witness statements or police or other	2432
investigative reports.	2433

Sec. 2151.424.  (A) If a child has been placed in a certified	2434
foster home or is in the custody of a relative of the child, other	2435
than a parent of the child, a court, prior to conducting any	2436
hearing pursuant to division (E)(2) or (3) of section 2151.412 or	2437
section 2151.28, 2151.33, 2151.35, 2151.414, 2151.415, 2151.416,	2438
or 2151.417 of the Revised Code with respect to the child, shall	2439
notify the foster caregiver or relative of the date, time, and	2440
place of the hearing. At the hearing, the foster caregiver or	2441
relative mayshall have the right to present evidence.	2442

(B) If a public children services agency or private child	2443
placing agency has permanent custody of a child and a petition to	2444
adopt the child has been filed under Chapter 3107. of the Revised	2445
Code, the agency, prior to conducting a review under section	2446
2151.416 of the Revised Code, or a court, prior to conducting a	2447
hearing under division (E)(2) or (3) of section 2151.412 or	2448
section 2151.416 or 2151.417 of the Revised Code, shall notify the	2449
prospective adoptive parent of the date, time, and place of the	2450
review or hearing. At the review or hearing, the prospective	2451
adoptive parent mayshall have the right to present evidence.	2452

(C) The notice and the opportunity to present evidence do not	2453
make the foster caregiver, relative, or prospective adoptive	2454
parent a party in the action or proceeding pursuant to which the	2455
review or hearing is conducted.	2456

Sec. 2151.86.  (A)(1) The appointing or hiring officer of any	2457
entity that appoints or employs any person responsible for a	2458
child's care in out-of-home care shall request the superintendent	2459
of BCII to conduct a criminal records check with respect to any	2460
person who is under final consideration for appointment or	2461
employment as a person responsible for a child's care in	2462
out-of-home care, except that section 3319.39 of the Revised Code	2463
shall apply instead of this section if the out-of-home care entity	2464
is a public school, educational service center, or chartered	2465
nonpublic school.	2466

(2) TheAt the times specified in this division, the	2467
administrative director of an agency, or attorney, who arranges an	2468
adoption for a prospective adoptive parent shall request the	2469
superintendent of BCII to conduct a criminal records check with	2470
respect to that prospective adoptive parent and a criminal records	2471
check with respect to all persons eighteen years of age or older	2472
who reside with the prospective adoptive parent. The	2473
administrative director or attorney shall request a criminal	2474
records check pursuant to this division at the time of the initial	2475
home study, every four years after the initial home study at the	2476
time of an update, and at the time that an adoptive home study is	2477
completed as a new home study.	2478

(3) Before a recommending agency submits a recommendation to	2479
the department of job and family services on whether the	2480
department should issue a certificate to a foster home under	2481
section 5103.03 of the Revised Code, and every four years	2482
thereafter prior to a recertification under that section, the	2483
administrative director of the agency shall request that the	2484
superintendent of BCII conduct a criminal records check with	2485
respect to the prospective foster caregiver and a criminal records	2486
check with respect to all other persons eighteen years of age or	2487
older who reside with the foster caregiver.	2488

(B)(1) If a person subject to a criminal records check under	2489
division (A)(1) of this section does not present proof that the	2490
person has been a resident of this state for the five-year period	2491
immediately prior to the date upon which the criminal records	2492
check is requested or does not provide evidence that within that	2493
five-year period the superintendent of BCII has requested	2494
information about the person from the federal bureau of	2495
investigation in a criminal records check, the appointing or	2496
hiring officer, administrative director, or attorney shall request	2497
that the superintendent of BCII obtain information from the	2498
federal bureau of investigation as a part of the criminal records	2499
check, including fingerprint based checks of national crime	2500
information databases as described in 42 U.S.C. 671. If thea	2501
person subject to thea criminal records check under division	2502
(A)(1) of this section presents proof that the person has been a	2503
resident of this state for that five-year period, the appointing	2504
or hiring officer, director, or attorney may request that the	2505
superintendent of BCII include information from the federal bureau	2506
of investigation in the criminal records check, including	2507
fingerprint based checks of national crime information databases	2508
as described in 42 U.S.C. 671.	2509

When the administrative director of an agency, or attorney,	2510
who arranges an adoption for a prospective parent requests, at the	2511
time of the initial home study, a criminal records check for a	2512
person pursuant to division (A)(2) of this section, the	2513
administrative director or attorney shall request that the	2514
superintendent of BCII obtain information from the federal bureau	2515
of investigation as part of the criminal records check, including	2516
fingerprint based checks of national crime information databases	2517
as described in 42 U.S.C. 671, for the person subject to the	2518
criminal records check. In all other cases in which the	2519
administrative director of an agency, or attorney, who arranges an	2520
adoption for a prospective parent requests a criminal records	2521
check for a person pursuant to division (A)(2) of this section,	2522
the administrative director or attorney may request that the	2523
superintendent of BCII include information from the federal bureau	2524
of investigation in the criminal records check, including	2525
fingerprint based checks of national crime information databases	2526
as described in 42 U.S.C. 671.	2527

When the administrative director of a recommending agency	2528
requests, before submitting a recommendation to the department of	2529
job and family services on whether the department should issue a	2530
certificate to a foster home under section 5103.03 of the Revised	2531
Code, a criminal records check for a person pursuant to division	2532
(A)(3) of this section, the administrative director shall request	2533
that the superintendent of BCII obtain information from the	2534
federal bureau of investigation as part of a criminal records	2535
check, including fingerprint based checks of national crime	2536
information databases as described in 42 U.S.C. 671, for the	2537
person subject to the criminal records check. In all other cases	2538
in which the administrative director of a recommending agency	2539
requests a criminal records check for a person pursuant to	2540
division (A)(3) of this section, the administrative director may	2541
request that the superintendent of BCII include information from	2542
the federal bureau of investigation in the criminal records check,	2543
including fingerprint based checks of national crime information	2544
databases as described in 42 U.S.C. 671.	2545

Prior to a hearing on a final decree of adoption or	2546
interlocutory order of adoption by a probate court, the	2547
administrative director of an agency, or an attorney, who arranges	2548
an adoption for a prospective parent shall provide to the clerk of	2549
the probate court either of the following:	2550

(a) Any information received pursuant to a request made under	2551
this division from the superintendent of BCII or the federal	2552
bureau of investigation as part of the criminal records check,	2553
including fingerprint-based checks of national crime information	2554
databases as described in 42 U.S.C. 671, for the person subject to	2555
the criminal records check;	2556

(b) Written notification that the person subject to a	2557
criminal records check pursuant to this division failed upon	2558
request to provide the information necessary to complete the form	2559
or failed to provide impressions of the person's fingerprints as	2560
required under division (B)(2) of this section.	2561

(2) An appointing or hiring officer, administrative director,	2562
or attorney required by division (A) of this section to request a	2563
criminal records check shall provide to each person subject to a	2564
criminal records check a copy of the form prescribed pursuant to	2565
division (C)(1) of section 109.572 of the Revised Code and a	2566
standard impression sheet to obtain fingerprint impressions	2567
prescribed pursuant to division (C)(2) of section 109.572 of the	2568
Revised Code, obtain the completed form and impression sheet from	2569
the person, and forward the completed form and impression sheet to	2570
the superintendent of BCII at the time the criminal records check	2571
is requested.	2572

Any person subject to a criminal records check who receives	2573
pursuant to this division a copy of the form prescribed pursuant	2574
to division (C)(1) of section 109.572 of the Revised Code and a	2575
copy of an impression sheet prescribed pursuant to division (C)(2)	2576
of that section and who is requested to complete the form and	2577
provide a set of fingerprint impressions shall complete the form	2578
or provide all the information necessary to complete the form and	2579
shall provide the impression sheet with the impressions of the	2580
person's fingerprints. If a person subject to a criminal records	2581
check, upon request, fails to provide the information necessary to	2582
complete the form or fails to provide impressions of the person's	2583
fingerprints, the appointing or hiring officer shall not appoint	2584
or employ the person as a person responsible for a child's care in	2585
out-of-home care, a probate court may not issue a final decree of	2586
adoption or an interlocutory order of adoption making the person	2587
an adoptive parent, and the department of job and family services	2588
shall not issue a certificate authorizing the prospective foster	2589
caregiver to operate a foster home.	2590

(C)(1) No appointing or hiring officer shall appoint or	2591
employ a person as a person responsible for a child's care in	2592
out-of-home care, the department of job and family services shall	2593
not issue a certificate under section 5103.03 of the Revised Code	2594
authorizing a prospective foster caregiver to operate a foster	2595
home, and no probate court shall issue a final decree of adoption	2596
or an interlocutory order of adoption making a person an adoptive	2597
parent if the person or, in the case of a prospective foster	2598
caregiver or prospective adoptive parent, any person eighteen	2599
years of age or older who resides with the prospective foster	2600
caregiver or prospective adoptive parent previously has been	2601
convicted of or pleaded guilty to any of the followingviolations	2602
described in division (A)(8) of section 109.572 of the Revised	2603
Code, unless the person meets rehabilitation standards established	2604
in rules adopted under division (F) of this section:.	2605

(a) A violation of section 2903.01, 2903.02, 2903.03,	2606
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	2607
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	2608
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	2609
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	2610
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	2611
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	2612
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a	2613
violation of section 2905.04 of the Revised Code as it existed	2614
prior to July 1, 1996, a violation of section 2919.23 of the	2615
Revised Code that would have been a violation of section 2905.04	2616
of the Revised Code as it existed prior to July 1, 1996, had the	2617
violation been committed prior to that date, a violation of	2618
section 2925.11 of the Revised Code that is not a minor drug	2619
possession offense, or felonious sexual penetration in violation	2620
of former section 2907.12 of the Revised Code;	2621

(b) A violation of an existing or former law of this state,	2622
any other state, or the United States that is substantially	2623
equivalent to any of the offenses described in division (C)(1)(a)	2624
of this section.	2625

(2) The appointing or hiring officer may appoint or employ a	2626
person as a person responsible for a child's care in out-of-home	2627
care conditionally until the criminal records check required by	2628
this section is completed and the officer receives the results of	2629
the criminal records check. If the results of the criminal records	2630
check indicate that, pursuant to division (C)(1) of this section,	2631
the person subject to the criminal records check does not qualify	2632
for appointment or employment, the officer shall release the	2633
person from appointment or employment.	2634

(3) Prior to certification or recertification under section	2635
5103.03 of the Revised Code, the prospective foster caregiver	2636
subject to a criminal records check under division (A)(3) of this	2637
section shall notify the recommending agency of the revocation of	2638
any foster home license, certificate, or other similar	2639
authorization in another state occurring within the five years	2640
prior to the date of application to become a foster caregiver in	2641
this state. The failure of a prospective foster caregiver to	2642
notify the recommending agency of any revocation of that type in	2643
another state that occurred within that five-year period shall be	2644
grounds for denial of the person's foster home application or the	2645
revocation of the person's foster home certification, whichever is	2646
applicable. If a person has had a revocation in another state	2647
within the five years prior to the date of the application, the	2648
department of job and family services shall not issue a foster	2649
home certificate to the prospective foster caregiver.	2650

(D) The appointing or hiring officer, administrative	2651
director, or attorney shall pay to the bureau of criminal	2652
identification and investigation the fee prescribed pursuant to	2653
division (C)(3) of section 109.572 of the Revised Code for each	2654
criminal records check conducted in accordance with that section	2655
upon a request pursuant to division (A) of this section. The	2656
officer, director, or attorney may charge the person subject to	2657
the criminal records check a fee for the costs the officer,	2658
director, or attorney incurs in obtaining the criminal records	2659
check. A fee charged under this division shall not exceed the	2660
amount of fees the officer, director, or attorney pays for the	2661
criminal records check. If a fee is charged under this division,	2662
the officer, director, or attorney shall notify the person who is	2663
the applicant at the time of the person's initial application for	2664
appointment or employment, an adoption to be arranged, or a	2665
certificate to operate a foster home of the amount of the fee and	2666
that, unless the fee is paid, the person who is the applicant will	2667
not be considered for appointment or employment or as an adoptive	2668
parent or foster caregiver.	2669

(E) The report of any criminal records check conducted by the	2670
bureau of criminal identification and investigation in accordance	2671
with section 109.572 of the Revised Code and pursuant to a request	2672
made under division (A) of this section is not a public record for	2673
the purposes of section 149.43 of the Revised Code and shall not	2674
be made available to any person other than the following:	2675

(1) The person who is the subject of the criminal records	2676
check or the person's representative; the	2677

(2) The appointing or hiring officer, administrative	2678
director, or attorney requesting the criminal records check or the	2679
officer's, director's, or attorney's representative; the	2680

(3) The department of job and family services or, a county	2681
department of job and family services, or a public children	2682
services agency; and any	2683

(4) Any court, hearing officer, or other necessary individual	2684
involved in a case dealing with the denial of employment, a final	2685
decree of adoption or interlocutory order of adoption, or a foster	2686
home certificate.	2687

(F) The director of job and family services shall adopt rules	2688
in accordance with Chapter 119. of the Revised Code to implement	2689
this section. The rules shall include rehabilitation standards a	2690
person who has been convicted of or pleaded guilty to an offense	2691
listed in division (C)(1) of this section(A)(8) of section	2692
109.572 of the Revised Code must meet for an appointing or hiring	2693
officer to appoint or employ the person as a person responsible	2694
for a child's care in out-of-home care, a probate court to issue a	2695
final decree of adoption or interlocutory order of adoption making	2696
the person an adoptive parent, or the department to issue a	2697
certificate authorizing the prospective foster caregiver to	2698
operate a foster home or not revoke a foster home certificate for	2699
a violation specified in section 5103.0328 of the Revised Code.	2700

(G) An appointing or hiring officer, administrative director,	2701
or attorney required by division (A) of this section to request a	2702
criminal records check shall inform each person who is the	2703
applicant, at the time of the person's initial application for	2704
appointment or employment, an adoption to be arranged, or a foster	2705
home certificate, that the person subject to the criminal records	2706
check is required to provide a set of impressions of the person's	2707
fingerprints and that a criminal records check is required to be	2708
conducted and satisfactorily completed in accordance with section	2709
109.572 of the Revised Code.	2710

(H) The department of job and family services may waive the	2711
requirement that a criminal records check based on fingerprints be	2712
conducted for an adult resident of a prospective adoptive or	2713
foster home or the home of a foster caregiver if the recommending	2714
agency documents to the department's satisfaction that the adult	2715
resident is physically unable to comply with the fingerprinting	2716
requirement and poses no danger to foster children or adoptive	2717
children who may be placed in the home. In such cases, the	2718
recommending or approving agency shall request that the bureau of	2719
criminal identification and investigation conduct a criminal	2720
records check using the person's name and social security number.	2721

(I) As used in this section:

2722

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

2723

(a) A hospital registered under section 3701.07 of the	2724
Revised Code that provides general pediatric medical and surgical	2725
care, and in which at least seventy-five per cent of annual	2726
inpatient discharges for the preceding two calendar years were	2727
individuals less than eighteen years of age;	2728

(b) A distinct portion of a hospital registered under section	2729
3701.07 of the Revised Code that provides general pediatric	2730
medical and surgical care, has a total of at least one hundred	2731
fifty registered pediatric special care and pediatric acute care	2732
beds, and in which at least seventy-five per cent of annual	2733
inpatient discharges for the preceding two calendar years were	2734
individuals less than eighteen years of age;	2735

(c) A distinct portion of a hospital, if the hospital is	2736
registered under section 3701.07 of the Revised Code as a	2737
children's hospital and the children's hospital meets all the	2738
requirements of division (I)(3)(1)(a) of this section.	2739

(2) "Criminal records check" has the same meaning as in	2740
section 109.572 of the Revised Code.	2741

(3) "Minor drug possession offense" has the same meaning as	2742
in section 2925.01 of the Revised Code.	2743

(4) "Person responsible for a child's care in out-of-home	2744
care" has the same meaning as in section 2151.011 of the Revised	2745
Code, except that it does not include a prospective employee of	2746
the department of youth services or a person responsible for a	2747
child's care in a hospital or medical clinic other than a	2748
children's hospital.	2749

(5)(4) "Person subject to a criminal records check" means the	2750
following:	2751

(a) A person who is under final consideration for appointment	2752
or employment as a person responsible for a child's care in	2753
out-of-home care;	2754

(b) A prospective adoptive parent;

2755

(c) A prospective foster caregiver;

2756

(d) A person eighteen years old or older who resides with a	2757
prospective foster caregiver or a prospective adoptive parent.	2758

(6)(5) "Recommending agency" means a public children services	2759
agency, private child placing agency, or private noncustodial	2760
agency to which the department of job and family services has	2761
delegated a duty to inspect and approve foster homes.	2762

(7)(6) "Superintendent of BCII" means the superintendent of	2763
the bureau of criminal identification and investigation.	2764

Sec. 2301.10.  (A) If a sheriff or chief of police has not	2765
taken, or caused to be taken, a person's or child's fingerprints	2766
in accordance with division (A)(1) of section 109.60 of the	2767
Revised Code with respect to a crime or act set forth in that	2768
division by the time of the arraignment or first appearance of the	2769
person or child with respect to that crime or act, the court of	2770
common pleas shall order the person or child to appear before the	2771
sheriff or chief of police within twenty-four hours of the	2772
arraignment or first appearance to have the person's or child's	2773
fingerprints taken as provided in division (A)(2) of section	2774
109.60 of the Revised Code.	2775

(B) If the court of common pleas has jurisdiction over a case	2776
involving a person or child with respect to whom division (A)(1)	2777
or (2) of section 109.60 of the Revised Code requires a sheriff or	2778
chief of police to take the person's or child's fingerprints, the	2779
court of common pleas shall inquire at the time of the person's or	2780
child's sentencing or adjudication for the crime or act for which	2781
the fingerprints were required to be taken whether or not the	2782
person or child has been fingerprinted pursuant to division (A)(1)	2783
or (2) of section 109.60 of the Revised Code for the original	2784
arrest or court appearance upon which the sentence or adjudication	2785
is based. If a person or child was not fingerprinted for the	2786
original arrest or court appearance, the court of common pleas	2787
shall order the person or child to appear before the sheriff or	2788
chief of police within twenty-four hours to have the person's or	2789
child's fingerprints taken as provided in division (A)(3) of	2790
section 109.60 of the Revised Code.	2791

(C) Pursuant to an order issued under division (A) or (B) of	2792
this section, the sheriff or chief of police shall take the	2793
person's or child's fingerprints, or cause the fingerprints to be	2794
taken, as provided in division (A)(3) of section 109.60 of the	2795
Revised Code or shall provide written notification to the court if	2796
the person or child failed to appear or provide impressions of the	2797
person's or child's fingerprints.	2798

Sec. 3107.033.  Not later than January 1, 2008, the director	2799
of job and family services shall adopt rules in accordance with	2800
Chapter 119. of the Revised Code specifying both of the	2801
following:	2802

(A) The manner in which a home study is to be conducted and	2803
the information and documents to be included in a home study	2804
report, which shall include, pursuant to section 3107.034 of the	2805
Revised Code, a summary report of a search of the uniform	2806
statewide automated child welfare information system established	2807
in section 5101.13 of the Revised Code and a report of a check of	2808
a central registry of another state if a request for a check of a	2809
central registry of another state is required under division (A)	2810
of section 3107.034 of the Revised Code;	2811

(B) A procedure under which a person whose application for	2812
adoption has been denied as a result of a search of the uniform	2813
statewide automated child welfare information system established	2814
in section 5101.13 of the Revised Code as part of the home study	2815
may appeal the denial to the agency that employed the assessor who	2816
filed the report.	2817

Sec. 3107.034. (A) Whenever a prospective adoptive parent or	2818
a person eighteen years of age or older who resides with a	2819
prospective adoptive parent has resided in another state within	2820
the five-year period immediately prior to the date on which a	2821
criminal records check is requested for the person under division	2822
(A) of section 2151.86 of the Revised Code, the administrative	2823
director of an agency, or attorney, who arranges the adoption for	2824
the prospective adoptive parent shall request a check of the	2825
central registry of abuse and neglect of this state from the	2826
department of job and family services regarding the prospective	2827
adoptive parent or the person eighteen years of age or older who	2828
resides with the prospective adoptive parent to enable the agency	2829
or attorney to check any child abuse and neglect registry	2830
maintained by that other state. The administrative director or	2831
attorney shall make the request and shall review the results of	2832
the check before a final decree of adoption or an interlocutory	2833
order of adoption making the person an adoptive parent may be	2834
made. Information received pursuant to the request shall be	2835
considered for purposes of this chapter as if it were a summary	2836
report required under section 3107.033 of the Revised Code. The	2837
department of job and family services shall comply with any	2838
request to check the central registry that is similar to the	2839
request described in this division and that is received from any	2840
other state.	2841

(B) The summary report of a search of the uniform statewide	2842
automated child welfare information system established in section	2843
5101.13 of the Revised Code that is required under section	2844
3107.033 of the Revised Code shall contain, if applicable, a	2845
chronological list of abuse and neglect determinations or	2846
allegations of which the person seeking to adopt is subject and in	2847
regards to which a public children services agency has done one of	2848
the following:	2849

(1) Determined that abuse or neglect occurred;

2850

(2) Initiated an investigation, and the investigation is	2851
ongoing;	2852

(3) Initiated an investigation and the agency was unable to	2853
determine whether abuse or neglect occurred.	2854

(B)(C) The summary report required under section 3107.033 of	2855
the Revised Code shall not contain any of the following:	2856

(1) An abuse and neglect determination of which the person	2857
seeking to adopt is subject and in regards to which a public	2858
children services agency determined that abuse or neglect did not	2859
occur;	2860

(2) Information or reports the dissemination of which is	2861
prohibited by, or interferes with eligibility under, the "Child	2862
Abuse Prevention and Treatment Act," 88 Stat. 4 (1974), 42 U.S.C.	2863
5101 et seq., as amended;	2864

(3) The name of the person who or entity that made, or	2865
participated in the making of, the report of abuse or neglect.	2866

(C)(D)(1) An application for adoption may be denied based on	2867
a summary report containing the information described under	2868
division (A)(B)(1) of this section, when considered within the	2869
totality of the circumstances. An application that is denied may	2870
be appealed using the procedure adopted pursuant to division (B)	2871
of section 3107.033 of the Revised Code.	2872

(2) An application for adoption shall not be denied solely	2873
based on a summary report containing the information described	2874
under division (A)(B)(2) or (3) of this section.	2875

Sec. 3107.066.  (A) Notwithstanding the provisions of the	2876
versions of former sections 3107.06 and 3107.07 of the Revised	2877
Code that, pursuant to Section 5 of Am. Sub. H.B. 419 of the 121st	2878
general assembly, apply regarding a putative father's consent to	2879
the adoption of any child born prior to January 1, 1997, on and	2880
after the effective date of this section, both of the following	2881
apply:	2882

(1) The references in division (F)(4) of former section	2883
3107.06 of the Revised Code to the department of human services	2884
are repealed, and division (F)(4) of that former section shall be	2885
considered as reading, and shall be applicable, as follows: "Has	2886
filed an objection to the adoption with the agency having custody	2887
of the minor at any time before the placement of the minor in the	2888
home of the petitioner, or with the probate court within thirty	2889
days of the filing of a petition to adopt the minor or its	2890
placement in the home of the petitioner, whichever occurs first."	2891

(2) The references in division (B) of former section 3107.07	2892
of the Revised Code to the department of human services are	2893
repealed, and division (B) of that former section shall be	2894
considered as reading, and shall be applicable, as follows: "The	2895
putative father of a minor if the putative father fails to file an	2896
objection with the court or the agency having custody of the minor	2897
as provided in division (F)(4) of section 3107.06 of the Revised	2898
Code, or files an objection with the court or agency and the court	2899
finds, after proper service of notice and hearing, that he is not	2900
the father of the minor, or that he has willfully abandoned or	2901
failed to care for and support the minor, or abandoned the mother	2902
of the minor during her pregnancy and up to the time of her	2903
surrender of the minor, or its placement in the home of the	2904
petitioner, whichever occurs first."	2905

(B) As used in this section:

2906

(1) "Former section 3107.06 of the Revised Code" means the	2907
version of that section that was in effect immediately prior to	2908
September 18, 1996, and that was amended by Am. Sub. H.B. 419 of	2909
the 121st general assembly.	2910

(2) "Former section 3107.07 of the Revised Code" means the	2911
version of that section that was in effect immediately prior to	2912
September 18, 1996, and that was amended by Am. Sub. H.B. 419 of	2913
the 121st general assembly.	2914

Sec. 3107.14.  (A) The petitioner and the person sought to be	2915
adopted shall appear at the hearing on the petition, unless the	2916
presence of either is excused by the court for good cause shown.	2917

(B) The court may continue the hearing from time to time to	2918
permit further observation, investigation, or consideration of any	2919
facts or circumstances affecting the granting of the petition, and	2920
may examine the petitioners separate and apart from each other.	2921

(C) If, at the conclusion of the hearing, the court finds	2922
that the required consents have been obtained or excused and that	2923
the adoption is in the best interest of the person sought to be	2924
adopted as supported by the evidence, it may issue, subject to	2925
division (C)(1)(a) of section 2151.86, section 3107.064, and	2926
division (E) of section 3107.09 of the Revised Code, and any other	2927
limitations specified in this chapter, a final decree of adoption	2928
or an interlocutory order of adoption, which by its own terms	2929
automatically becomes a final decree of adoption on a date	2930
specified in the order, which, except as provided in division (B)	2931
of section 3107.13 of the Revised Code, shall not be less than six	2932
months or more than one year from the date of issuance of the	2933
order, unless sooner vacated by the court for good cause shown. In	2934
determining whether the adoption is in the best interest of the	2935
person sought to be adopted, the court shall not consider the age	2936
of the petitioner if the petitioner is old enough to adopt as	2937
provided by section 3107.03 of the Revised Code.	2938

In an interlocutory order of adoption, the court shall	2939
provide for observation, investigation, and a further report on	2940
the adoptive home during the interlocutory period.	2941

(D) If the requirements for a decree under division (C) of	2942
this section have not been satisfied or the court vacates an	2943
interlocutory order of adoption, or if the court finds that a	2944
person sought to be adopted was placed in the home of the	2945
petitioner in violation of law, the court shall dismiss the	2946
petition and may determine the agency or person to have temporary	2947
or permanent custody of the person, which may include the agency	2948
or person that had custody prior to the filing of the petition or	2949
the petitioner, if the court finds it is in the best interest of	2950
the person as supported by the evidence, or if the person is a	2951
minor, the court may certify the case to the juvenile court of the	2952
county where the minor is then residing for appropriate action and	2953
disposition.	2954

(E) The issuance of a final decree or interlocutory order of	2955
adoption for an adult adoption under division (A)(4) of section	2956
3107.02 of the Revised Code shall not disqualify that adult for	2957
services under section 2151.82 or 2151.83 of the Revised Code.	2958

Sec. 5101.13. (A) The department of job and family services	2959
shall establish and maintain a uniform statewide automated child	2960
welfare information system in accordance with the requirements of	2961
42 U.S.C.A. 674(a)(3)(C) and related federal regulations and	2962
guidelines. The information system shall contain records regarding	2963
any of the following:	2964

(1) Investigations of children and families, and children's	2965
care in out-of-home care, in accordance with sections 2151.421 and	2966
5153.16 of the Revised Code;	2967

(2) Care and treatment provided to children and families;

2968

(3) Any other information related to children and families	2969
that state or federal law, regulation, or rule requires the	2970
department or a public children services agency to maintain.	2971

(B) The department shall plan implementation of the	2972
information system on a county-by-county basis and shall finalize	2973
statewide implementation by all public children services agencies	2974
as described in section 5153.02 of the Revised Code not later than	2975
January 1, 2008.	2976

(C) The department shall promptly notify all public children	2977
services agencies of the initiation and completion of statewide	2978
implementation of the statewide information system established	2979
under division (A) of this section.	2980

(D) "Out-of-home care" has the same meaning as in section	2981
2151.011 of the Revised Code.	2982

Sec. 5101.132. (A) Information contained in the information	2983
system established and maintained under section 5101.13 of the	2984
Revised Code may be accessed or entered only as follows:	2985

(A)(1) The department of job and family services and, a	2986
public children services agency, a title IV-E agency, a	2987
prosecuting attorney, a private child placing agency, and a	2988
private noncustodial agency may access or enter the information	2989
when either of the following is the case:	2990

(1)(a) The access or entry is directly connected with	2991
assessment, investigation, or services regarding a child or	2992
family;	2993

(2)(b) The access or entry is permitted by state or federal	2994
law, rule, or regulation.	2995

(B)(2) A person may access or enter the information in a	2996
manner, to the extent, and for the purposes authorized by rules	2997
adopted by the department.	2998

(B) As used in this section, "title IV-E agency" means a	2999
public children services agency or a public entity with which the	3000
department of job and family services has a title IV-E subgrant	3001
agreement in effect.	3002

Sec. 5101.134. (A) Notwithstanding any provision of the	3003
Revised Code that requires confidentiality of information that is	3004
contained in the uniform statewide automated child welfare	3005
information system established in section 5101.13 of the Revised	3006
Code, the department of job and family services shall adopt rules	3007
in accordance with Chapter 119. of the Revised Code regarding a	3008
private child placing agency's or private noncustodial agency's	3009
access, data entry, and use of information in the uniform	3010
statewide automated child welfare information system.	3011

(B)(1) The department of job and family services may adopt	3012
rules in accordance with section 111.15 of the Revised Code, as if	3013
they were internal management rules, as necessary to carry out the	3014
purposes of sections 5101.13 to 5101.133 of the Revised Code.	3015

(2) The department may adopt rules in accordance with Chapter	3016
119. of the Revised Code as necessary to carry out the purposes of	3017
division (B)(A)(2) of section 5101.132 of the Revised Code.	3018

(C) Public children services agencies shall implement and use	3019
the information system established pursuant to section 5101.13 of	3020
the Revised Code in accordance with rules adopted by the	3021
department.	3022

Sec. 5101.32.  (A) The department of job and family services	3023
shall work with the superintendent of the bureau of criminal	3024
identification and investigation to develop procedures and formats	3025
necessary to produce the notices described in division (C) of	3026
section 109.5721 of the Revised Code in a format that is	3027
acceptable for use by the department. The department may adopt	3028
rules in accordance with section 111.15 of the Revised Code, as	3029
if they were internal management rules, necessary for such	3030
collaboration.	3031

(B) The department of job and family services may adopt	3032
rules in accordance with Chapter 119. of the Revised Code	3033
necessary for utilizing the information received pursuant to	3034
section 109.5721 of the Revised Code, with a final effective date	3035
that is not later than December 31, 2008.	3036

Sec. 5103.03.  (A) The director of job and family services	3037
shall adopt rules as necessary for the adequate and competent	3038
management of institutions or associations.	3039

(B)(1) Except for facilities under the control of the	3040
department of youth services, places of detention for children	3041
established and maintained pursuant to sections 2152.41 to 2152.44	3042
of the Revised Code, and child day-care centers subject to Chapter	3043
5104. of the Revised Code, the department of job and family	3044
services every two years shall pass upon the fitness of every	3045
institution and association that receives, or desires to receive	3046
and care for children, or places children in private homes.	3047

(2) When the department of job and family services is	3048
satisfied as to the care given such children, and that the	3049
requirements of the statutes and rules covering the management of	3050
such institutions and associations are being complied with, it	3051
shall issue to the institution or association a certificate to	3052
that effect. A certificate is valid for two years, unless sooner	3053
revoked by the department. When determining whether an institution	3054
or association meets a particular requirement for certification,	3055
the department may consider the institution or association to have	3056
met the requirement if the institution or association shows to the	3057
department's satisfaction that it has met a comparable requirement	3058
to be accredited by a nationally recognized accreditation	3059
organization.	3060

(3) The department may issue a temporary certificate valid	3061
for less than one year authorizing an institution or association	3062
to operate until minimum requirements have been met.	3063

(4) An institution or association that knowingly makes a	3064
false statement that is included as a part of certification under	3065
this section is guilty of the offense of falsification under	3066
section 2921.13 of the Revised Code and the department shall not	3067
certify that institution or association.	3068

(5) The department shall not issue a certificate to a	3069
prospective foster home or prospective specialized foster home	3070
pursuant to this section if the prospective foster home or	3071
prospective specialized foster home operates as a type A family	3072
day-care home pursuant to Chapter 5104. of the Revised Code. The	3073
department shall not issue a certificate to a prospective	3074
specialized foster home if the prospective specialized foster home	3075
operates a type B family day-care home pursuant to Chapter 5104.	3076
of the Revised Code.	3077

(C) The department may revoke a certificate if it finds that	3078
the institution or association is in violation of law or rule. No	3079
juvenile court shall commit a child to an association or	3080
institution that is required to be certified under this section if	3081
its certificate has been revoked or, if after revocation, the date	3082
of reissue is less than fifteen months prior to the proposed	3083
commitment.	3084

(D) Every two years, on a date specified by the department,	3085
each institution or association desiring certification or	3086
recertification shall submit to the department a report showing	3087
its condition, management, competency to care adequately for the	3088
children who have been or may be committed to it or to whom it	3089
provides care or services, the system of visitation it employs for	3090
children placed in private homes, and other information the	3091
department requires.	3092

(E) The department shall, not less than once each year, send	3093
a list of certified institutions and associations to each juvenile	3094
court and certified association or institution.	3095

(F) No person shall receive children or receive or solicit	3096
money on behalf of such an institution or association not so	3097
certified or whose certificate has been revoked.	3098

(G)(1) The director may delegate by rule any duties imposed	3099
on it by this section to inspect and approve family foster homes	3100
and specialized foster homes to public children services agencies,	3101
private child placing agencies, or private noncustodial agencies.	3102

(2) The director shall adopt rules that require a foster	3103
caregiver or other individual certified to operate a foster home	3104
under this section to notify the recommending agency that the	3105
foster caregiver or other individual is certified to operate a	3106
type B family day-care home under Chapter 5104. of the Revised	3107
Code.	3108

(H) If the director of job and family services determines	3109
that an institution or association that cares for children is	3110
operating without a certificate, the director may petition the	3111
court of common pleas in the county in which the institution or	3112
association is located for an order enjoining its operation. The	3113
court shall grant injunctive relief upon a showing that the	3114
institution or association is operating without a certificate.	3115

(I) If both of the following are the case, the director of	3116
job and family services may petition the court of common pleas of	3117
any county in which an institution or association that holds a	3118
certificate under this section operates for an order, and the	3119
court may issue an order, preventing the institution or	3120
association from receiving additional children into its care or an	3121
order removing children from its care:	3122

(1) The department has evidence that the life, health, or	3123
safety of one or more children in the care of the institution or	3124
association is at imminent risk.	3125

(2) The department has issued a proposed adjudication order	3126
pursuant to Chapter 119. of the Revised Code to deny renewal of or	3127
revoke the certificate of the institution or association.	3128

Sec. 5103.0319.  (A) No foster caregiver or prospective	3129
foster caregiver shall fail to notify the recommending agency that	3130
recommended or is recommending the foster caregiver or prospective	3131
foster caregiver for certification in writing if a person at least	3132
twelve years of age but less than eighteen years of age residing	3133
with the foster caregiver or prospective foster caregiver has been	3134
convicted of or pleaded guilty to any of the following or has been	3135
adjudicated to be a delinquent child for committing an act that if	3136
committed by an adult would have constituted such a violation:	3137

(1) A violation of section 2903.01, 2903.02, 2903.03,	3138
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3139
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	3140
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	3141
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	3142
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	3143
2919.24, 2919.25, 2923.12, 2923,13, 2923.161, 2925.02, 2925.03,	3144
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a	3145
violation of section 2905.04 of the Revised Code as it existed	3146
prior to July 1, 1996, a violation of section 2919.23 of the	3147
Revised Code that would have been a violation of section 2905.04	3148
of the Revised Code as it existed prior to July 1, 1996, had the	3149
violation been committed prior to that date, a violation of	3150
section 2925.11 of the Revised Code that is not a minor drug	3151
possession offense, a violation of section 2923.01 of the Revised	3152
Code that involved an attempt to commit aggravated murder or	3153
murder, an OVI or OVUAC violation if the person previously was	3154
convicted of or pleaded guilty to one or more OVI or OVUAC	3155
violations within the three years immediately preceding the	3156
current violation, or felonious sexual penetration in violation of	3157
former section 2907.12 of the Revised Code;	3158

(2) An offense that would be a felony if committed by an	3159
adult and the court determined that the child, if an adult, would	3160
be guilty of a specification found in section 2941.141, 2941.144,	3161
or 2941.145 of the Revised Code or in another section of the	3162
Revised Code that relates to the possession or use of a firearm,	3163
as defined in section 2923.11 of the Revised Code, during the	3164
commission of the act for which the child was adjudicated a	3165
delinquent child;	3166

(3) A violation of an existing or former law of this state,	3167
any other state, or the United States that is substantially	3168
equivalent to any of the offenses described in division (A)(1) or	3169
(2) of this section.	3170

(B) If a recommending agency learns that a foster caregiver	3171
has failed to comply with division (A) of this section, it shall	3172
notify the department of job and family services and the	3173
department shall revoke the foster caregiver's foster home	3174
certificate.	3175

(C) As used in this section, "OVI or OVUAC violation" means a	3176
violation of section 4511.19 of the Revised Code or a violation of	3177
an existing or former law of this state, any other state, or the	3178
United States that is substantially equivalent to section 4511.19	3179
of the Revised Code.	3180

Sec. 5103.0326. (A) A recommending agency may recommend that	3181
the department of job and family services not renew a foster home	3182
certificate under section 5103.03 of the Revised Code if the	3183
foster caregiver refused to accept the placement of any children	3184
into the foster home during the current certification period.	3185
Based on the agency's recommendation, the department may refuse to	3186
renew a foster home certificate.	3187

(B) The department of job and family services may revoke the	3188
certification of any foster caregiver who has not cared for one or	3189
more foster children in the foster caregiver's home within the	3190
preceding twelve months. Prior to the revocation of any	3191
certification pursuant to this division, the recommending agency	3192
shall have the opportunity to provide good cause for the	3193
department to continue the certification and not revoke the	3194
certification. If the department decides to revoke the	3195
certification, the department shall notify the recommending agency	3196
that the certification will be revoked.	3197

Sec. 5103.0328. (A) Not later than ninety-six hours after	3198
receiving notice from the superintendent of the bureau of criminal	3199
identification and investigation pursuant to section 109.5721 of	3200
the Revised Code that a foster caregiver has been arrested for,	3201
convicted of, or pleaded guilty to any foster	3202
caregiver-disqualifying offense, and not later than ninety-six	3203
hours after learning in any other manner that a foster caregiver	3204
has been arrested for, convicted of, or pleaded guilty to any	3205
foster caregiver-disqualifying offense, the department of job and	3206
family services shall provide notice of that arrest, conviction,	3207
or guilty plea to both the recommending agency relative to the	3208
foster caregiver and the custodial agency of any child currently	3209
placed with that caregiver.	3210

(B) If a recommending agency receives notice from the	3211
department of job and family services pursuant to division (A) of	3212
this section that a foster caregiver has been convicted of or	3213
pleaded guilty to any foster caregiver-disqualifying offense, or	3214
if a recommending agency learns in any other manner that a foster	3215
caregiver has been convicted of or pleaded guilty to any foster	3216
caregiver-disqualifying offense, the recommending agency shall	3217
assess the foster caregiver's overall situation for safety	3218
concerns and forward any recommendations, if applicable, for	3219
revoking the foster caregiver's certificate to the department for	3220
the department's review for possible revocation.	3221

(C) As used in this section, "foster caregiver-disqualifying	3222
offense" means any offense or violation listed or described in	3223
division (C)(1)(a) or (b) of section 2151.86 of the Revised Code.	3224

Sec. 5103.16.  (A) Pursuant to section 5103.18 of the	3225
Revised Code and exceptExcept as otherwise provided in this	3226
section, no child shall be placed or accepted for placement under	3227
any written or oral agreement or understanding that transfers or	3228
surrenders the legal rights, powers, or duties of the legal	3229
parent, parents, or guardian of the child into the temporary or	3230
permanent custody of any association or institution that is not	3231
certified by the department of job and family services under	3232
section 5103.03 of the Revised Code, without the written consent	3233
of the office in the department that oversees the interstate	3234
compact for placement of children established under section	3235
5103.20 of the Revised Code or the interstate compact on the	3236
placement of children established under section 5103.23 of the	3237
Revised Code, as applicable, or by a commitment of a juvenile	3238
court, or by a commitment of a probate court as provided in this	3239
section. A child may be placed temporarily without written	3240
consent or court commitment with persons related by blood or	3241
marriage or in a legally licensed boarding home.	3242

(B)(1) Associations and institutions certified under section	3243
5103.03 of the Revised Code for the purpose of placing children in	3244
free foster homes or for legal adoption shall keep a record of the	3245
temporary and permanent surrenders of children. This record shall	3246
be available for separate statistics, which shall include a copy	3247
of an official birth record and all information concerning the	3248
social, mental, and medical history of the children that will aid	3249
in an intelligent disposition of the children in case that becomes	3250
necessary because the parents or guardians fail or are unable to	3251
reassume custody.	3252

(2) No child placed on a temporary surrender with an	3253
association or institution shall be placed permanently in a foster	3254
home or for legal adoption. All surrendered children who are	3255
placed permanently in foster homes or for adoption shall have been	3256
permanently surrendered, and a copy of the permanent surrender	3257
shall be a part of the separate record kept by the association or	3258
institution.	3259

(C) Any agreement or understanding to transfer or surrender	3260
the legal rights, powers, or duties of the legal parent or parents	3261
and place a child with a person seeking to adopt the child under	3262
this section shall be construed to contain a promise by the person	3263
seeking to adopt the child to pay the expenses listed in divisions	3264
(C)(1), (2), and (4) of section 3107.055 of the Revised Code and,	3265
if the person seeking to adopt the child refuses to accept	3266
placement of the child, to pay the temporary costs of routine	3267
maintenance and medical care for the child in a hospital, foster	3268
home, or other appropriate place for up to thirty days or until	3269
other custody is established for the child, as provided by law,	3270
whichever is less.	3271

(D) No child shall be placed or received for adoption or with	3272
intent to adopt unless placement is made by a public children	3273
services agency, an institution or association that is certified	3274
by the department of job and family services under section 5103.03	3275
of the Revised Code to place children for adoption, or custodians	3276
in another state or foreign country, or unless all of the	3277
following criteria are met:	3278

(1) Prior to the placement and receiving of the child, the	3279
parent or parents of the child personally have applied to, and	3280
appeared before, the probate court of the county in which the	3281
parent or parents reside, or in which the person seeking to adopt	3282
the child resides, for approval of the proposed placement	3283
specified in the application and have signed and filed with the	3284
court a written statement showing that the parent or parents are	3285
aware of their right to contest the decree of adoption subject to	3286
the limitations of section 3107.16 of the Revised Code;	3287

(2) The court ordered an independent home study of the	3288
proposed placement to be conducted as provided in section 3107.031	3289
of the Revised Code, and after completion of the home study, the	3290
court determined that the proposed placement is in the best	3291
interest of the child;	3292

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

3293

In determining whether a custodian has authority to place	3294
children for adoption under the laws of a foreign country, the	3295
probate court shall determine whether the child has been released	3296
for adoption pursuant to the laws of the country in which the	3297
child resides, and if the release is in a form that satisfies the	3298
requirements of the immigration and naturalization service of the	3299
United States department of justice for purposes of immigration to	3300
this country pursuant to section 101(b)(1)(F) of the "Immigration	3301
and Nationality Act," 75 Stat. 650 (1961), 8 U.S.C. 1101	3302
(b)(1)(F), as amended or reenacted.	3303

If the parent or parents of the child are deceased or have	3304
abandoned the child, as determined under division (A) of section	3305
3107.07 of the Revised Code, the application for approval of the	3306
proposed adoptive placement may be brought by the relative seeking	3307
to adopt the child, or by the department, board, or organization	3308
not otherwise having legal authority to place the orphaned or	3309
abandoned child for adoption, but having legal custody of the	3310
orphaned or abandoned child, in the probate court of the county in	3311
which the child is a resident, or in which the department, board,	3312
or organization is located, or where the person or persons with	3313
whom the child is to be placed reside. Unless the parent, parents,	3314
or guardian of the person of the child personally have appeared	3315
before the court and applied for approval of the placement, notice	3316
of the hearing on the application shall be served on the parent,	3317
parents, or guardian.	3318

The consent to placement, surrender, or adoption executed by	3319
a minor parent before a judge of the probate court or an	3320
authorized deputy or referee of the court, whether executed within	3321
or outside the confines of the court, is as valid as though	3322
executed by an adult. A consent given as above before an employee	3323
of a children services agency that is licensed as provided by law,	3324
is equally effective, if the consent also is accompanied by an	3325
affidavit executed by the witnessing employee or employees to the	3326
effect that the legal rights of the parents have been fully	3327
explained to the parents, prior to the execution of any consent,	3328
and that the action was done after the birth of the child.	3329

If the court approves a placement, the prospective adoptive	3330
parent with whom the child is placed has care, custody, and	3331
control of the child pending further order of the court.	3332

(E) This section does not apply to an adoption by a	3333
stepparent, a grandparent, or a guardian.	3334

Sec. 5103.18.  (A)(1) Prior to placementcertification or	3335
recertification as a foster home under section 5103.165103.03 of	3336
the Revised Code, an association or institution certified to place	3337
a child into a foster homea recommending agency shall include	3338
obtain a summary report of a search of the uniform statewide	3339
automated child welfare information system, established inunder	3340
section 5101.13 of the Revised Code with records required under	3341
division (B)(1) of section 5103.16 of the Revised Code, from an	3342
entity listed in section 5101.132 of the Revised Code.	3343

(2) Whenever a prospective foster parent or any other person	3344
eighteen years of age or older who resides with a prospective	3345
foster parent has resided in another state within the five-year	3346
period immediately prior to the date on which a criminal records	3347
check is requested for the person under division (A) of section	3348
2151.86 of the Revised Code, the recommending agency shall request	3349
a check of the central registry of abuse and neglect of this state	3350
from the department of job and family services regarding the	3351
prospective foster parent or the person eighteen years of age or	3352
older who resides with the prospective foster parent to enable the	3353
agency to check any child abuse and neglect registry maintained by	3354
that other state. The recommending agency shall make the request	3355
and shall review the results of the check before the prospective	3356
foster parent may be finally approved for placement of a child.	3357
Information received pursuant to such a request shall be	3358
considered for purposes of this chapter as if it were a summary	3359
report required under division (A) of this section. The department	3360
of job and family services shall comply with any request to check	3361
the central registry that is similar to the request described in	3362
this division and that is received from any other state.	3363

(B)(1) The summary report required under division (A) of this	3364
section shall contain, if applicable, a chronological list of	3365
abuse and neglect determinations or allegations of which a person	3366
seeking to become a foster caregiver of a child is subject and in	3367
regards to which a public children services agency has done one of	3368
the following:	3369

(a) Determined that abuse or neglect occurred;

3370

(b) Initiated an investigation, and the investigation is	3371
ongoing;	3372

(c) Initiated an investigation, and the agency was unable to	3373
determine whether abuse or neglect occurred.	3374

(2) The summary report required under division (A) of this	3375
section shall not contain any of the following:	3376

(a) An abuse and neglect determination of which a person	3377
seeking to become a foster caregiver of a child is subject and in	3378
regards to which a public children services agency determined that	3379
abuse or neglect did not occur;	3380

(b) Information or reports the dissemination of which is	3381
prohibited by, or interferes with eligibility under, the "Child	3382
Abuse Prevention and Treatment Act," 88 Stat. 4 (1974), 42 U.S.C.	3383
5101 et seq., as amended;	3384

(c) The name of the person who or entity that made, or	3385
participated in the making of, the report of abuse or neglect.	3386

(C)(1) A foster placementhome certification or	3387
recertification may be denied based on a summary report containing	3388
the information described under division (B)(1)(a) of this	3389
section, when considered within the totality of the circumstances.	3390

(2) A foster placementhome certification or recertification	3391
shall not be denied solely based on a summary report containing	3392
the information described under division (B)(1)(b) or (c) of this	3393
section.	3394

(D) Not later than January 1, 2008, the director of job and	3395
family services shall adopt rules in accordance with Chapter 119.	3396
of the Revised Code necessary for the implementation and execution	3397
of this section.	3398

Sec. 5104.011.  (A) The director of job and family services	3399
shall adopt rules pursuant to Chapter 119. of the Revised Code	3400
governing the operation of child day-care centers, including, but	3401
not limited to, parent cooperative centers, part-time centers,	3402
drop-in centers, and school child centers, which rules shall	3403
reflect the various forms of child care and the needs of children	3404
receiving child care or publicly funded child care and shall	3405
include specific rules for school child care centers that are	3406
developed in consultation with the department of education. The	3407
rules shall not require an existing school facility that is in	3408
compliance with applicable building codes to undergo an additional	3409
building code inspection or to have structural modifications. The	3410
rules shall include the following:	3411

(1) Submission of a site plan and descriptive plan of	3412
operation to demonstrate how the center proposes to meet the	3413
requirements of this chapter and rules adopted pursuant to this	3414
chapter for the initial license application;	3415

(2) Standards for ensuring that the physical surroundings of	3416
the center are safe and sanitary including, but not limited to,	3417
the physical environment, the physical plant, and the equipment of	3418
the center;	3419

(3) Standards for the supervision, care, and discipline of	3420
children receiving child care or publicly funded child care in the	3421
center;	3422

(4) Standards for a program of activities, and for play	3423
equipment, materials, and supplies, to enhance the development of	3424
each child; however, any educational curricula, philosophies, and	3425
methodologies that are developmentally appropriate and that	3426
enhance the social, emotional, intellectual, and physical	3427
development of each child shall be permissible. As used in this	3428
division, "program" does not include instruction in religious or	3429
moral doctrines, beliefs, or values that is conducted at child	3430
day-care centers owned and operated by churches and does include	3431
methods of disciplining children at child day-care centers.	3432

(5) Admissions policies and procedures, health care policies	3433
and procedures, including, but not limited to, procedures for the	3434
isolation of children with communicable diseases, first aid and	3435
emergency procedures, procedures for discipline and supervision of	3436
children, standards for the provision of nutritious meals and	3437
snacks, and procedures for screening children and employees,	3438
including, but not limited to, any necessary physical examinations	3439
and immunizations;	3440

(6) Methods for encouraging parental participation in the	3441
center and methods for ensuring that the rights of children,	3442
parents, and employees are protected and that responsibilities of	3443
parents and employees are met;	3444

(7) Procedures for ensuring the safety and adequate	3445
supervision of children traveling off the premises of the center	3446
while under the care of a center employee;	3447

(8) Procedures for record keeping, organization, and	3448
administration;	3449

(9) Procedures for issuing, renewing, denying, and revoking a	3450
license that are not otherwise provided for in Chapter 119. of the	3451
Revised Code;	3452

(10) Inspection procedures;

3453

(11) Procedures and standards for setting initial and renewal	3454
license application fees;	3455

(12) Procedures for receiving, recording, and responding to	3456
complaints about centers;	3457

(13) Procedures for enforcing section 5104.04 of the Revised	3458
Code;	3459

(14) A standard requiring the inclusion, on and after July 1,	3460
1987, of a current department of job and family services toll-free	3461
telephone number on each center provisional license or license	3462
which any person may use to report a suspected violation by the	3463
center of this chapter or rules adopted pursuant to this chapter;	3464

(15) Requirements for the training of administrators and	3465
child-care staff members in first aid, in prevention, recognition,	3466
and management of communicable diseases, and in child abuse	3467
recognition and prevention. Training requirements for child	3468
day-care centers adopted under this division shall be consistent	3469
with divisions (B)(6) and (C)(1) of this section.	3470

(16) Procedures to be used by licensees for checking the	3471
references of potential employees of centers and procedures to be	3472
used by the director for checking the references of applicants for	3473
licenses to operate centers;	3474

(17) Standards providing for the special needs of children	3475
who are handicapped or who require treatment for health conditions	3476
while the child is receiving child care or publicly funded child	3477
care in the center;	3478

(18) A procedure for reporting of injuries of children that	3479
occur at the center;	3480

(19) Any other procedures and standards necessary to carry	3481
out this chapter.	3482

(B)(1) The child day-care center shall have, for each child	3483
for whom the center is licensed, at least thirty-five square feet	3484
of usable indoor floor space wall-to-wall regularly available for	3485
the child care operation exclusive of any parts of the structure	3486
in which the care of children is prohibited by law or by rules	3487
adopted by the board of building standards. The minimum of	3488
thirty-five square feet of usable indoor floor space shall not	3489
include hallways, kitchens, storage areas, or any other areas that	3490
are not available for the care of children, as determined by the	3491
director, in meeting the space requirement of this division, and	3492
bathrooms shall be counted in determining square footage only if	3493
they are used exclusively by children enrolled in the center,	3494
except that the exclusion of hallways, kitchens, storage areas,	3495
bathrooms not used exclusively by children enrolled in the center,	3496
and any other areas not available for the care of children from	3497
the minimum of thirty-five square feet of usable indoor floor	3498
space shall not apply to:	3499

(a) Centers licensed prior to or on September 1, 1986, that	3500
continue under licensure after that date;	3501

(b) Centers licensed prior to or on September 1, 1986, that	3502
are issued a new license after that date solely due to a change of	3503
ownership of the center.	3504

(2) The child day-care center shall have on the site a safe	3505
outdoor play space which is enclosed by a fence or otherwise	3506
protected from traffic or other hazards. The play space shall	3507
contain not less than sixty square feet per child using such space	3508
at any one time, and shall provide an opportunity for supervised	3509
outdoor play each day in suitable weather. The director may exempt	3510
a center from the requirement of this division, if an outdoor play	3511
space is not available and if all of the following are met:	3512

(a) The center provides an indoor recreation area that has	3513
not less than sixty square feet per child using the space at any	3514
one time, that has a minimum of one thousand four hundred forty	3515
square feet of space, and that is separate from the indoor space	3516
required under division (B)(1) of this section.	3517

(b) The director has determined that there is regularly	3518
available and scheduled for use a conveniently accessible and safe	3519
park, playground, or similar outdoor play area for play or	3520
recreation.	3521

(c) The children are closely supervised during play and while	3522
traveling to and from the area.	3523

The director also shall exempt from the requirement of this	3524
division a child day-care center that was licensed prior to	3525
September 1, 1986, if the center received approval from the	3526
director prior to September 1, 1986, to use a park, playground, or	3527
similar area, not connected with the center, for play or	3528
recreation in lieu of the outdoor space requirements of this	3529
section and if the children are closely supervised both during	3530
play and while traveling to and from the area and except if the	3531
director determines upon investigation and inspection pursuant to	3532
section 5104.04 of the Revised Code and rules adopted pursuant to	3533
that section that the park, playground, or similar area, as well	3534
as access to and from the area, is unsafe for the children.	3535

(3) The child day-care center shall have at least two	3536
responsible adults available on the premises at all times when	3537
seven or more children are in the center. The center shall	3538
organize the children in the center in small groups, shall provide	3539
child-care staff to give continuity of care and supervision to the	3540
children on a day-by-day basis, and shall ensure that no child is	3541
left alone or unsupervised. Except as otherwise provided in	3542
division (E) of this section, the maximum number of children per	3543
child-care staff member and maximum group size, by age category of	3544
children, are as follows:	3545

		Maximum Number of				3546
		Children Per		Maximum		3547
Age Category		Child-Care		Group		3548
of Children		Staff Member		Size		3549
(a) Infants:						3550
(i) Less than twelve						3551
months old		5:1, or				3552
		12:2 if two				3553
		child-care				3554
		staff members				3555
		are in the room		12		3556
(ii) At least twelve						3557
months old, but						3558
less than eighteen						3559
months old		6:1		12		3560
(b) Toddlers:						3561
(i) At least eighteen						3562
months old, but						3563
less than thirty						3564
months old		7:1		14		3565
(ii) At least thirty months						3566
old, but less than						3567
three years old		8:1		16		3568
(c) Preschool						3569
children:						3570
(i) Three years old		12:1		24		3571
(ii) Four years old and						3572
five years old who						3573
are not school						3574
children		14:1		28		3575
(d) School children:						3576
(i) A child who is						3577
enrolled in or is						3578
eligible to be						3579
enrolled in a grade						3580
of kindergarten						3581
or above, but						3582
is less than						3583
eleven years old		18:1		36		3584
(ii) Eleven through fourteen						3585
years old		20:1		40		3586

Except as otherwise provided in division (E) of this section,	3587
the maximum number of children per child-care staff member and	3588
maximum group size requirements of the younger age group shall	3589
apply when age groups are combined.	3590

(4)(a) The child day-care center administrator shall show the	3591
director both of the following:	3592

(i) Evidence of at least high school graduation or	3593
certification of high school equivalency by the state board of	3594
education or the appropriate agency of another state;	3595

(ii) Evidence of having completed at least two years of	3596
training in an accredited college, university, or technical	3597
college, including courses in child development or early childhood	3598
education, or at least two years of experience in supervising and	3599
giving daily care to children attending an organized group	3600
program.	3601

(b) In addition to the requirements of division (B)(4)(a) of	3602
this section, any administrator employed or designated on or after	3603
September 1, 1986, shall show evidence of, and any administrator	3604
employed or designated prior to September 1, 1986, shall show	3605
evidence within six years after such date of, at least one of the	3606
following:	3607

(i) Two years of experience working as a child-care staff	3608
member in a center and at least four courses in child development	3609
or early childhood education from an accredited college,	3610
university, or technical college, except that a person who has two	3611
years of experience working as a child-care staff member in a	3612
particular center and who has been promoted to or designated as	3613
administrator of that center shall have one year from the time the	3614
person was promoted to or designated as administrator to complete	3615
the required four courses;	3616

(ii) Two years of training, including at least four courses	3617
in child development or early childhood education from an	3618
accredited college, university, or technical college;	3619

(iii) A child development associate credential issued by the	3620
national child development associate credentialing commission;	3621

(iv) An associate or higher degree in child development or	3622
early childhood education from an accredited college, technical	3623
college, or university, or a license designated for teaching in an	3624
associate teaching position in a preschool setting issued by the	3625
state board of education.	3626

(5) All child-care staff members of a child day-care center	3627
shall be at least eighteen years of age, and shall furnish the	3628
director evidence of at least high school graduation or	3629
certification of high school equivalency by the state board of	3630
education or the appropriate agency of another state or evidence	3631
of completion of a training program approved by the department of	3632
job and family services or state board of education, except as	3633
follows:	3634

(a) A child-care staff member may be less than eighteen years	3635
of age if the staff member is either of the following:	3636

(i) A graduate of a two-year vocational child-care training	3637
program approved by the state board of education;	3638

(ii) A student enrolled in the second year of a vocational	3639
child-care training program approved by the state board of	3640
education which leads to high school graduation, provided that the	3641
student performs the student's duties in the child day-care center	3642
under the continuous supervision of an experienced child-care	3643
staff member, receives periodic supervision from the vocational	3644
child-care training program teacher-coordinator in the student's	3645
high school, and meets all other requirements of this chapter and	3646
rules adopted pursuant to this chapter.	3647

(b) A child-care staff member shall be exempt from the	3648
educational requirements of this division if the staff member:	3649

(i) Prior to January 1, 1972, was employed or designated by a	3650
child day-care center and has been continuously employed since	3651
either by the same child day-care center employer or at the same	3652
child day-care center; or	3653

(ii) Is a student enrolled in the second year of a vocational	3654
child-care training program approved by the state board of	3655
education which leads to high school graduation, provided that the	3656
student performs the student's duties in the child day-care center	3657
under the continuous supervision of an experienced child-care	3658
staff member, receives periodic supervision from the vocational	3659
child-care training program teacher-coordinator in the student's	3660
high school, and meets all other requirements of this chapter and	3661
rules adopted pursuant to this chapter.	3662

(6) Every child care staff member of a child day-care center	3663
annually shall complete fifteen hours of inservice training in	3664
child development or early childhood education, child abuse	3665
recognition and prevention, first aid, and in prevention,	3666
recognition, and management of communicable diseases, until a	3667
total of forty-five hours of training has been completed, unless	3668
the staff member furnishes one of the following to the director:	3669

(a) Evidence of an associate or higher degree in child	3670
development or early childhood education from an accredited	3671
college, university, or technical college;	3672

(b) A license designated for teaching in an associate	3673
teaching position in a preschool setting issued by the state board	3674
of education;	3675

(c) Evidence of a child development associate credential;

3676

(d) Evidence of a preprimary credential from the American	3677
Montessori society or the association Montessori international	3678
internationale. For the purposes of division (B)(6) of this	3679
section, "hour" means sixty minutes.	3680

(7) The administrator of each child day-care center shall	3681
prepare at least once annually and for each group of children at	3682
the center a roster of names and telephone numbers of parents,	3683
custodians, or guardians of each group of children attending the	3684
center and upon request shall furnish the roster for each group to	3685
the parents, custodians, or guardians of the children in that	3686
group. The administrator may prepare a roster of names and	3687
telephone numbers of all parents, custodians, or guardians of	3688
children attending the center and upon request shall furnish the	3689
roster to the parents, custodians, or guardians of the children	3690
who attend the center. The administrator shall not include in any	3691
roster the name or telephone number of any parent, custodian, or	3692
guardian who requests the administrator not to include the	3693
parent's, custodian's, or guardian's name or number and shall not	3694
furnish any roster to any person other than a parent, custodian,	3695
or guardian of a child who attends the center.	3696

(C)(1) Each child day-care center shall have on the center	3697
premises and readily available at all times at least one	3698
child-care staff member who has completed a course in first aid	3699
and in prevention, recognition, and management of communicable	3700
diseases which is approved by the state department of health and a	3701
staff member who has completed a course in child abuse recognition	3702
and prevention training which is approved by the department of job	3703
and family services.	3704

(2) The administrator of each child day-care center shall	3705
maintain enrollment, health, and attendance records for all	3706
children attending the center and health and employment records	3707
for all center employees. The records shall be confidential,	3708
except as otherwise provided in division (B)(7) of this section	3709
and except that they shall be disclosed by the administrator to	3710
the director upon request for the purpose of administering and	3711
enforcing this chapter and rules adopted pursuant to this chapter.	3712
Neither the center nor the licensee, administrator, or employees	3713
of the center shall be civilly or criminally liable in damages or	3714
otherwise for records disclosed to the director by the	3715
administrator pursuant to this division. It shall be a defense to	3716
any civil or criminal charge based upon records disclosed by the	3717
administrator to the director that the records were disclosed	3718
pursuant to this division.	3719

(3)(a) Any parent who is the residential parent and legal	3720
custodian of a child enrolled in a child day-care center and any	3721
custodian or guardian of such a child shall be permitted unlimited	3722
access to the center during its hours of operation for the	3723
purposes of contacting their children, evaluating the care	3724
provided by the center, evaluating the premises of the center, or	3725
for other purposes approved by the director. A parent of a child	3726
enrolled in a child day-care center who is not the child's	3727
residential parent shall be permitted unlimited access to the	3728
center during its hours of operation for those purposes under the	3729
same terms and conditions under which the residential parent of	3730
that child is permitted access to the center for those purposes.	3731
However, the access of the parent who is not the residential	3732
parent is subject to any agreement between the parents and, to the	3733
extent described in division (C)(3)(b) of this section, is subject	3734
to any terms and conditions limiting the right of access of the	3735
parent who is not the residential parent, as described in division	3736
(I) of section 3109.051 of the Revised Code, that are contained in	3737
a parenting time order or decree issued under that section,	3738
section 3109.12 of the Revised Code, or any other provision of the	3739
Revised Code.	3740

(b) If a parent who is the residential parent of a child has	3741
presented the administrator or the administrator's designee with a	3742
copy of a parenting time order that limits the terms and	3743
conditions under which the parent who is not the residential	3744
parent is to have access to the center, as described in division	3745
(I) of section 3109.051 of the Revised Code, the parent who is not	3746
the residential parent shall be provided access to the center only	3747
to the extent authorized in the order. If the residential parent	3748
has presented such an order, the parent who is not the residential	3749
parent shall be permitted access to the center only in accordance	3750
with the most recent order that has been presented to the	3751
administrator or the administrator's designee by the residential	3752
parent or the parent who is not the residential parent.	3753

(c) Upon entering the premises pursuant to division (C)(3)(a)	3754
or (b) of this section, the parent who is the residential parent	3755
and legal custodian, the parent who is not the residential parent,	3756
or the custodian or guardian shall notify the administrator or the	3757
administrator's designee of the parent's, custodian's, or	3758
guardian's presence.	3759

(D) The director of job and family services, in addition to	3760
the rules adopted under division (A) of this section, shall adopt	3761
rules establishing minimum requirements for child day-care	3762
centers. The rules shall include, but not be limited to, the	3763
requirements set forth in divisions (B) and (C) of this section.	3764
Except as provided in section 5104.07 of the Revised Code, the	3765
rules shall not change the square footage requirements of division	3766
(B)(1) or (2) of this section; the maximum number of children per	3767
child-care staff member and maximum group size requirements of	3768
division (B)(3) of this section; the educational and experience	3769
requirements of division (B)(4) of this section; the age,	3770
educational, and experience requirements of division (B)(5) of	3771
this section; the number of inservice training hours required	3772
under division (B)(6) of this section; or the requirement for at	3773
least annual preparation of a roster for each group of children of	3774
names and telephone numbers of parents, custodians, or guardians	3775
of each group of children attending the center that must be	3776
furnished upon request to any parent, custodian, or guardian of	3777
any child in that group required under division (B)(7) of this	3778
section; however, the rules shall provide procedures for	3779
determining compliance with those requirements.	3780

(E)(1) When age groups are combined, the maximum number of	3781
children per child-care staff member shall be determined by the	3782
age of the youngest child in the group, except that when no more	3783
than one child thirty months of age or older receives services in	3784
a group in which all the other children are in the next older age	3785
group, the maximum number of children per child-care staff member	3786
and maximum group size requirements of the older age group	3787
established under division (B)(3) of this section shall apply.	3788

(2) The maximum number of toddlers or preschool children per	3789
child-care staff member in a room where children are napping shall	3790
be twice the maximum number of children per child-care staff	3791
member established under division (B)(3) of this section if all	3792
the following criteria are met:	3793

(a) At least one child-care staff member is present in the	3794
room.	3795

(b) Sufficient child-care staff members are on the child	3796
day-care center premises to meet the maximum number of children	3797
per child-care staff member requirements established under	3798
division (B)(3) of this section.	3799

(c) Naptime preparations are complete and all napping	3800
children are resting or sleeping on cots.	3801

(d) The maximum number established under division (E)(2) of	3802
this section is in effect for no more than one and one-half hours	3803
during a twenty-four-hour day.	3804

(F) The director of job and family services shall adopt rules	3805
pursuant to Chapter 119. of the Revised Code governing the	3806
operation of type A family day-care homes, including, but not	3807
limited to, parent cooperative type A homes, part-time type A	3808
homes, drop-in type A homes, and school child type A homes, which	3809
shall reflect the various forms of child care and the needs of	3810
children receiving child care. The rules shall include the	3811
following:	3812

(1) Submission of a site plan and descriptive plan of	3813
operation to demonstrate how the type A home proposes to meet the	3814
requirements of this chapter and rules adopted pursuant to this	3815
chapter for the initial license application;	3816

(2) Standards for ensuring that the physical surroundings of	3817
the type A home are safe and sanitary, including, but not limited	3818
to, the physical environment, the physical plant, and the	3819
equipment of the type A home;	3820

(3) Standards for the supervision, care, and discipline of	3821
children receiving child care or publicly funded child care in the	3822
type A home;	3823

(4) Standards for a program of activities, and for play	3824
equipment, materials, and supplies, to enhance the development of	3825
each child; however, any educational curricula, philosophies, and	3826
methodologies that are developmentally appropriate and that	3827
enhance the social, emotional, intellectual, and physical	3828
development of each child shall be permissible;	3829

(5) Admissions policies and procedures, health care policies	3830
and procedures, including, but not limited to, procedures for the	3831
isolation of children with communicable diseases, first aid and	3832
emergency procedures, procedures for discipline and supervision of	3833
children, standards for the provision of nutritious meals and	3834
snacks, and procedures for screening children and employees,	3835
including, but not limited to, any necessary physical examinations	3836
and immunizations;	3837

(6) Methods for encouraging parental participation in the	3838
type A home and methods for ensuring that the rights of children,	3839
parents, and employees are protected and that the responsibilities	3840
of parents and employees are met;	3841

(7) Procedures for ensuring the safety and adequate	3842
supervision of children traveling off the premises of the type A	3843
home while under the care of a type A home employee;	3844

(8) Procedures for record keeping, organization, and	3845
administration;	3846

(9) Procedures for issuing, renewing, denying, and revoking a	3847
license that are not otherwise provided for in Chapter 119. of the	3848
Revised Code;	3849

(10) Inspection procedures;

3850

(11) Procedures and standards for setting initial and renewal	3851
license application fees;	3852

(12) Procedures for receiving, recording, and responding to	3853
complaints about type A homes;	3854

(13) Procedures for enforcing section 5104.04 of the Revised	3855
Code;	3856

(14) A standard requiring the inclusion, on or after July 1,	3857
1987, of a current department of job and family services toll-free	3858
telephone number on each type A home provisional license or	3859
license which any person may use to report a suspected violation	3860
by the type A home of this chapter or rules adopted pursuant this	3861
chapter;	3862

(15) Requirements for the training of administrators and	3863
child-care staff members in first aid, in prevention, recognition,	3864
and management of communicable diseases, and in child abuse	3865
recognition and prevention;	3866

(16) Procedures to be used by licensees for checking the	3867
references of potential employees of type A homes and procedures	3868
to be used by the director for checking the references of	3869
applicants for licenses to operate type A homes;	3870

(17) Standards providing for the special needs of children	3871
who are handicapped or who require treatment for health conditions	3872
while the child is receiving child care or publicly funded child	3873
care in the type A home;	3874

(18) Standards for the maximum number of children per	3875
child-care staff member;	3876

(19) Requirements for the amount of usable indoor floor space	3877
for each child;	3878

(20) Requirements for safe outdoor play space;

3879

(21) Qualifications and training requirements for	3880
administrators and for child-care staff members;	3881

(22) Procedures for granting a parent who is the residential	3882
parent and legal custodian, or a custodian or guardian access to	3883
the type A home during its hours of operation;	3884

(23) Standards for the preparation and distribution of a	3885
roster of parents, custodians, and guardians;	3886

(24) Any other procedures and standards necessary to carry	3887
out this chapter.	3888

(G) The director of job and family services shall adopt rules	3889
pursuant to Chapter 119. of the Revised Code governing the	3890
certification of type B family day-care homes.	3891

(1) The rules shall include proceduresall of the following:

3892

(a) Procedures, standards, and other necessary provisions for	3893
granting limited certification to type B family day-care homes	3894
that are operated by the following adult providers:	3895

(a)(i) Persons who provide child care for eligible children	3896
who are great-grandchildren, grandchildren, nieces, nephews, or	3897
siblings of the provider or for eligible children whose caretaker	3898
parent is a grandchild, child, niece, nephew, or sibling of the	3899
provider;	3900

(b)(ii) Persons who provide child care for eligible children	3901
all of whom are the children of the same caretaker parent.;	3902

The rules shall require, and shall include procedures(b)	3903
Procedures for the director to ensure, that type B family day-care	3904
homes that receive a limited certification provide child care to	3905
children in a safe and sanitary manner;	3906

(c) Requirements for the type B home to notify parents with	3907
children in the type B home that the type B home is also certified	3908
as a foster home under section 5103.03 of the Revised Code. With	3909

With regard to providers who apply for limited certification,	3910
a provider shall be granted a provisional limited certification on	3911
signing a declaration under oath attesting that the provider meets	3912
the standards for limited certification. Such provisional limited	3913
certifications shall remain in effect for no more than sixty	3914
calendar days and shall entitle the provider to offer publicly	3915
funded child care during the provisional period. Except as	3916
otherwise provided in division (G)(1) of this section, section	3917
5104.013 or 5104.09 of the Revised Code, or division (A)(2) of	3918
section 5104.11 of the Revised Code, prior to the expiration of	3919
the provisional limited certificate, a county department of job	3920
and family services shall inspect the home and shall grant limited	3921
certification to the provider if the provider meets the	3922
requirements of this division. Limited certificates remain valid	3923
for two years unless earlier revoked. Except as otherwise provided	3924
in division (G)(1) of this section, providers operating under	3925
limited certification shall be inspected annually.	3926

If a provider is a person described in division (G)(1)(a)(i)	3927
of this section or a person described in division (G)(1)(b)(a)(ii)	3928
of this section who is a friend of the caretaker parent, the	3929
provider and the caretaker parent may verify in writing to the	3930
county department of job and family services that minimum health	3931
and safety requirements are being met in the home. Except as	3932
otherwise provided in section 5104.013 or 5104.09 or in division	3933
(A)(2) of section 5104.11 of the Revised Code, if such	3934
verification is provided, the county shall waive any inspection	3935
required by this chapter and grant limited certification to the	3936
provider.	3937

(2) The rules shall provide for safeguarding the health,	3938
safety, and welfare of children receiving child care or publicly	3939
funded child care in a certified type B home and shall include the	3940
following:	3941

(a) Standards for ensuring that the type B home and the	3942
physical surroundings of the type B home are safe and sanitary,	3943
including, but not limited to, physical environment, physical	3944
plant, and equipment;	3945

(b) Standards for the supervision, care, and discipline of	3946
children receiving child care or publicly funded child care in the	3947
home;	3948

(c) Standards for a program of activities, and for play	3949
equipment, materials, and supplies to enhance the development of	3950
each child; however, any educational curricula, philosophies, and	3951
methodologies that are developmentally appropriate and that	3952
enhance the social, emotional, intellectual, and physical	3953
development of each child shall be permissible;	3954

(d) Admission policies and procedures, health care, first aid	3955
and emergency procedures, procedures for the care of sick	3956
children, procedures for discipline and supervision of children,	3957
nutritional standards, and procedures for screening children and	3958
authorized providers, including, but not limited to, any necessary	3959
physical examinations and immunizations;	3960

(e) Methods of encouraging parental participation and	3961
ensuring that the rights of children, parents, and authorized	3962
providers are protected and the responsibilities of parents and	3963
authorized providers are met;	3964

(f) Standards for the safe transport of children when under	3965
the care of authorized providers;	3966

(g) Procedures for issuing, renewing, denying, refusing to	3967
renew, or revoking certificates;	3968

(h) Procedures for the inspection of type B family day-care	3969
homes that require, at a minimum, that each type B family day-care	3970
home be inspected prior to certification to ensure that the home	3971
is safe and sanitary;	3972

(i) Procedures for record keeping and evaluation;

3973

(j) Procedures for receiving, recording, and responding to	3974
complaints;	3975

(k) Standards providing for the special needs of children who	3976
are handicapped or who receive treatment for health conditions	3977
while the child is receiving child care or publicly funded child	3978
care in the type B home;	3979

(l) Requirements for the amount of usable indoor floor space	3980
for each child;	3981

(m) Requirements for safe outdoor play space;

3982

(n) Qualification and training requirements for authorized	3983
providers;	3984

(o) Procedures for granting a parent who is the residential	3985
parent and legal custodian, or a custodian or guardian access to	3986
the type B home during its hours of operation;	3987

(p) Requirements for the type B home to notify parents with	3988
children in the type B home that the type B home is also certified	3989
as a foster home under section 5103.03 of the Revised Code;	3990

(q) Any other procedures and standards necessary to carry out	3991
this chapter.	3992

(H) The director shall adopt rules pursuant to Chapter 119.	3993
of the Revised Code governing the certification of in-home aides.	3994
The rules shall include procedures, standards, and other necessary	3995
provisions for granting limited certification to in-home aides who	3996
provide child care for eligible children who are	3997
great-grandchildren, grandchildren, nieces, nephews, or siblings	3998
of the in-home aide or for eligible children whose caretaker	3999
parent is a grandchild, child, niece, nephew, or sibling of the	4000
in-home aide. The rules shall require, and shall include	4001
procedures for the director to ensure, that in-home aides that	4002
receive a limited certification provide child care to children in	4003
a safe and sanitary manner. The rules shall provide for	4004
safeguarding the health, safety, and welfare of children receiving	4005
publicly funded child care in their own home and shall include the	4006
following:	4007

(1) Standards for ensuring that the child's home and the	4008
physical surroundings of the child's home are safe and sanitary,	4009
including, but not limited to, physical environment, physical	4010
plant, and equipment;	4011

(2) Standards for the supervision, care, and discipline of	4012
children receiving publicly funded child care in their own home;	4013

(3) Standards for a program of activities, and for play	4014
equipment, materials, and supplies to enhance the development of	4015
each child; however, any educational curricula, philosophies, and	4016
methodologies that are developmentally appropriate and that	4017
enhance the social, emotional, intellectual, and physical	4018
development of each child shall be permissible;	4019

(4) Health care, first aid, and emergency procedures,	4020
procedures for the care of sick children, procedures for	4021
discipline and supervision of children, nutritional standards, and	4022
procedures for screening children and in-home aides, including,	4023
but not limited to, any necessary physical examinations and	4024
immunizations;	4025

(5) Methods of encouraging parental participation and	4026
ensuring that the rights of children, parents, and in-home aides	4027
are protected and the responsibilities of parents and in-home	4028
aides are met;	4029

(6) Standards for the safe transport of children when under	4030
the care of in-home aides;	4031

(7) Procedures for issuing, renewing, denying, refusing to	4032
renew, or revoking certificates;	4033

(8) Procedures for inspection of homes of children receiving	4034
publicly funded child care in their own homes;	4035

(9) Procedures for record keeping and evaluation;

4036

(10) Procedures for receiving, recording, and responding to	4037
complaints;	4038

(11) Qualifications and training requirements for in-home	4039
aides;	4040

(12) Standards providing for the special needs of children	4041
who are handicapped or who receive treatment for health conditions	4042
while the child is receiving publicly funded child care in the	4043
child's own home;	4044

(13) Any other procedures and standards necessary to carry	4045
out this chapter.	4046

(I) To the extent that any rules adopted for the purposes of	4047
this section require a health care professional to perform a	4048
physical examination, the rules shall include as a health care	4049
professional a physician assistant, a clinical nurse specialist, a	4050
certified nurse practitioner, or a certified nurse-midwife.	4051

(J)(1) The director of job and family services shall do all	4052
of the following:	4053

(a) SendProvide or make available in either paper or	4054
electronic form to each licensee notice of proposed rules	4055
governing the licensure of child day-care centers and type A	4056
homes;	4057

(b) Give public notice of hearings regarding the rules to	4058
each licensee at least thirty days prior to the date of the	4059
public hearing, in accordance with section 119.03 of the Revised	4060
Code;	4061

(c) At least thirty days before the effective date of a rule,	4062
provide, in either paper or electronic form, a copy of the adopted	4063
rule to each licensee.	4064

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

4065

(a) Send to each county director of job and family services a	4066
notice of proposed rules governing the certification of type B	4067
family homes and in-home aides that includes an internet web site	4068
address where the proposed rules can be viewed;	4069

(b) Give public notice of hearings regarding the proposed	4070
rules not less than thirty days in advance;	4071

(c) Provide to each county director of job and family	4072
services an electronic copy of each adopted rule at least	4073
forty-five days prior to the rule's effective date.	4074

(3) The county director of job and family services shall send	4075
copies of proposed rulesprovide or make available in either paper	4076
or electronic form to each authorized provider and in-home aide	4077
copies of proposed rules and shall give public notice of hearings	4078
regarding the rules to each authorized provider and in-home aide	4079
at least thirty days prior to the date of the public hearing, in	4080
accordance with section 119.03 of the Revised Code. At least	4081
thirty days before the effective date of a rule, the county	4082
director of job and family services shall provide, in either paper	4083
or electronic form, copies of the adopted rule to each authorized	4084
provider and in-home aide.	4085

(4) Additional copies of proposed and adopted rules shall be	4086
made available by the director of job and family services to the	4087
public on request at no charge.	4088

(5) The director of job and family services shall recommend	4089
standards for imposing sanctions on persons and entities that are	4090
licensed or certified under this chapter and that violate any	4091
provision of this chapter. The standards shall be based on the	4092
scope and severity of the violations. The director shall provide	4093
copies of the recommendations to the governor, the speaker and	4094
minority leader of the house of representatives, and the president	4095
and minority leader of the senate and, on request, shall make	4096
copies available to the public.	4097

(6) The director of job and family services shall adopt rules	4098
pursuant to Chapter 119. of the Revised Code that establish	4099
standards for the training of individuals whom any county	4100
department of job and family services employs, with whom any	4101
county department of job and family services contracts, or with	4102
whom the director of job and family services contracts, to inspect	4103
or investigate type B family day-care homes pursuant to section	4104
5104.11 of the Revised Code. The department shall provide training	4105
in accordance with those standards for individuals in the	4106
categories described in this division.	4107

(K) The director of job and family services shall review all	4108
rules adopted pursuant to this chapter at least once every seven	4109
years.	4110

(L) Notwithstanding any provision of the Revised Code, the	4111
director of job and family services shall not regulate in any way	4112
under this chapter or rules adopted pursuant to this chapter,	4113
instruction in religious or moral doctrines, beliefs, or values.	4114

Sec. 5104.012.  (A)(1) TheAt the times specified in this	4115
division, the administrator of a child day-care center or a type A	4116
family day-care home and the provider of a certified type B family	4117
day-care home shall request the superintendent of the bureau of	4118
criminal identification and investigation to conduct a criminal	4119
records check with respect to any applicant who has applied to the	4120
center,or type A home, or certified type B home for employment as	4121
a person responsible for the care, custody, or control of a child.	4122
If the applicant does not present proof that the applicant has	4123
been a resident of this state for the five-year period immediately	4124
prior to the date upon which the criminal records check is	4125
requested or does not provide evidence that within that five-year	4126
period the superintendent has requested information about the	4127
applicant from the federal bureau of investigation in a criminal	4128
records check	4129

The administrator shall request a criminal records check	4130
pursuant to this division at the time of the applicant's initial	4131
application for employment and every four years thereafter at the	4132
time of a license renewal. When the administrator requests	4133
pursuant to this division a criminal records check for an	4134
applicant at the time of the applicant's initial application for	4135
employment, the administrator or provider shall request that the	4136
superintendent obtain information from the federal bureau of	4137
investigation as a part of the criminal records check for the	4138
applicant. If the applicant presents proof that the applicant has	4139
been a resident of this state for that five-year period, the	4140
administrator or provider may request that the superintendent	4141
include information from the federal bureau of investigation in	4142
the criminal records check, including fingerprint based checks of	4143
national crime information databases as described in 42 U.S.C.	4144
671, for the person subject to the criminal records check. In all	4145
other cases in which the administrator requests a criminal records	4146
check for an applicant pursuant to this division, the	4147
administrator may request that the superintendent include	4148
information from the federal bureau of investigation in the	4149
criminal records check, including fingerprint based checks of	4150
national crime information databases as described in 42 U.S.C.	4151
671.	4152

(2) A person required by division (A)(1) of this section to	4153
request a criminal records check shall provide to each applicant a	4154
copy of the form prescribed pursuant to division (C)(1) of section	4155
109.572 of the Revised Code, provide to each applicant a standard	4156
impression sheet to obtain fingerprint impressions prescribed	4157
pursuant to division (C)(2) of section 109.572 of the Revised	4158
Code, obtain the completed form and impression sheet from each	4159
applicant, and forward the completed form and impression sheet to	4160
the superintendent of the bureau of criminal identification and	4161
investigation at the time the person requests a criminal records	4162
check pursuant to division (A)(1) of this section. On and after	4163
the effective date of this amendment, the administrator of a child	4164
day-care center or a type A family day-care home shall review the	4165
results of the criminal records check before the applicant has	4166
sole responsibility for the care, custody, or control of any	4167
child.	4168

(3) An applicant who receives pursuant to division (A)(2) of	4169
this section a copy of the form prescribed pursuant to division	4170
(C)(1) of section 109.572 of the Revised Code and a copy of an	4171
impression sheet prescribed pursuant to division (C)(2) of that	4172
section and who is requested to complete the form and provide a	4173
set of fingerprint impressions shall complete the form or provide	4174
all the information necessary to complete the form and shall	4175
provide the impression sheet with the impressions of the	4176
applicant's fingerprints. If an applicant, upon request, fails to	4177
provide the information necessary to complete the form or fails to	4178
provide impressions of the applicant's fingerprints, the center,	4179
or type A home, or type B home shall not employ that applicant for	4180
any position for which a criminal records check is required by	4181
division (A)(1) of this section.	4182

(B)(1) Except as provided in rules adopted under division (E)	4183
of this section, no child day-care center,or type A family	4184
day-care home, or certified type B family day-care home shall	4185
employ or contract with another entity for the services of a	4186
person as a person responsible for the care, custody, or control	4187
of a child if the person previously has been convicted of or	4188
pleaded guilty to any of the following:	4189

(a) A violation of section 2903.01, 2903.02, 2903.03,	4190
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	4191
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	4192
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	4193
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	4194
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	4195
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	4196
2925.06, or 3716.11 of the Revised Code, a violation of section	4197
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	4198
violation of section 2919.23 of the Revised Code that would have	4199
been a violation of section 2905.04 of the Revised Code as it	4200
existed prior to July 1, 1996, had the violation occurred prior to	4201
that date, a violation of section 2925.11 of the Revised Code that	4202
is not a minor drug possession offense, or felonious sexual	4203
penetration in violation of former section 2907.12 of the Revised	4204
Code;	4205

(b) A violation of an existing or former law of this state,	4206
any other state, or the United States that is substantially	4207
equivalent to any of the offenses or violations described in	4208
division (B)(1)(a) of this sectionviolations described in	4209
division (A)(9) of section 109.572 of the Revised Code.	4210

(2) A child day-care center,or type A family day-care home,	4211
or certified type B family day-care home may employ an applicant	4212
conditionally until the criminal records check required by this	4213
section is completed and the center or home receives the results	4214
of the criminal records check. If the results of the criminal	4215
records check indicate that, pursuant to division (B)(1) of this	4216
section, the applicant does not qualify for employment, the center	4217
or home shall release the applicant from employment.	4218

(C)(1) Each child day-care center,and type A family day-care	4219
home, and certified type B family day-care home shall pay to the	4220
bureau of criminal identification and investigation the fee	4221
prescribed pursuant to division (C)(3) of section 109.572 of the	4222
Revised Code for each criminal records check conducted in	4223
accordance with that section upon the request pursuant to division	4224
(A)(1) of this section of the administrator or provider of the	4225
center or home.	4226

(2) A child day-care center,and type A family day-care home,	4227
and certified type B family day-care home may charge an applicant	4228
a fee for the costs it incurs in obtaining a criminal records	4229
check under this section. A fee charged under this division shall	4230
not exceed the amount of fees the center or home pays under	4231
division (C)(1) of this section. If a fee is charged under this	4232
division, the center or home shall notify the applicant at the	4233
time of the applicant's initial application for employment of the	4234
amount of the fee and that, unless the fee is paid, the center,or	4235
type A home, or type B home will not consider the applicant for	4236
employment.	4237

(D) The report of any criminal records check conducted by the	4238
bureau of criminal identification and investigation in accordance	4239
with section 109.572 of the Revised Code and pursuant to a request	4240
under division (A)(1) of this section is not a public record for	4241
the purposes of section 149.43 of the Revised Code and shall not	4242
be made available to any person other than the applicant who is	4243
the subject of the criminal records check or the applicant's	4244
representative; the center,or type A home, or certified type B	4245
home requesting the criminal records check or its representative;	4246
the department of job and family services or a county department	4247
of job and family services; and any court, hearing officer, or	4248
other necessary individual involved in a case dealing with the	4249
denial of employment to the applicant.	4250

(E) The director of job and family services shall adopt rules	4251
pursuant to Chapter 119. of the Revised Code to implement this	4252
section, including rules specifying circumstances under which a	4253
center or home may hire a person who has been convicted of an	4254
offense listed in division (B)(1) of this section but who meets	4255
standards in regard to rehabilitation set by the department.	4256

(F) Any person required by division (A)(1) of this section to	4257
request a criminal records check shall inform each person, at the	4258
time of the person's initial application for employment, that the	4259
person is required to provide a set of impressions of the person's	4260
fingerprints and that a criminal records check is required to be	4261
conducted and satisfactorily completed in accordance with section	4262
109.572 of the Revised Code if the person comes under final	4263
consideration for appointment or employment as a precondition to	4264
employment for that position.	4265

(G) As used in this section:

4266

(1) "Applicant" means a person who is under final	4267
consideration for appointment to or employment in a position with	4268
a child day-care center,or a type A family day-care home, or a	4269
certified type B family day-care home as a person responsible for	4270
the care, custody, or control of a child; an in-home aide	4271
certified pursuant to section 5104.12 of the Revised Code; or any	4272
person who would serve in any position with a child day-care	4273
center,or a type A family day-care home, or a certified type B	4274
family day-care home as a person responsible for the care,	4275
custody, or control of a child pursuant to a contract with another	4276
entity.	4277

(2) "Criminal records check" has the same meaning as in	4278
section 109.572 of the Revised Code.	4279

(3) "Minor drug possession offense" has the same meaning as	4280
in section 2925.01 of the Revised Code.	4281

Sec. 5104.013.  (A)(1) TheAt the times specified in division	4282
(A)(3) of this section, the director of job and family services,	4283
as part of the process of licensure of child day-care centers and	4284
type A family day-care homes, shall request the superintendent of	4285
the bureau of criminal identification and investigation to conduct	4286
a criminal records check with respect to the following persons:	4287

(a) Any owner, licensee, or administrator of a child day-care	4288
center;	4289

(b) Any owner, licensee, or administrator of a type A family	4290
day-care home and any person eighteen years of age or older who	4291
resides in a type A family day-care home.	4292

(2) TheAt the times specified in division (A)(3) of this	4293
section, the director of a county department of job and family	4294
services, as part of the process of certification of type B family	4295
day-care homes, shall request the superintendent of the bureau of	4296
criminal identification and investigation to conduct a criminal	4297
records check with respect to any authorized provider of a	4298
certified type B family day-care home and any person eighteen	4299
years of age or older who resides in a certified type B family	4300
day-care home.	4301

(3) If the owner, licensee, administrator, or person eighteen	4302
years of age or older who is the subject of a criminal records	4303
check pursuant to division (A)(1) of this section, or the	4304
authorized provider or person eighteen years of age or older who	4305
is the subject of a criminal records check pursuant to division	4306
(A)(2) of this section, does not present proof that the owner,	4307
licensee, administrator, authorized provider, or person has been a	4308
resident of this state for the five-year period immediately prior	4309
to the date upon which the criminal records check is requested or	4310
does not provide evidence that within that five-year period the	4311
superintendent of the bureau of criminal identification and	4312
investigation has requested information about the owner, licensee,	4313
administrator, authorized provider, or person from the federal	4314
bureau of investigation in a criminal records checkThe director	4315
of job and family services shall request a criminal records check	4316
pursuant to division (A)(1) of this section at the time of the	4317
initial application for licensure and every four years thereafter	4318
at the time of a license renewal. The director of a county	4319
department of job and family services shall request a criminal	4320
records check pursuant to division (A)(2) of this section at the	4321
time of the initial application for certification and every four	4322
years thereafter at the time of a certification renewal. When the	4323
director of job and family services or the director of a county	4324
department of job and family services requests pursuant to	4325
division (A)(1) or (2) of this section a criminal records check	4326
for a person at the time of the person's initial application for	4327
licensure or certification, the director shall request that the	4328
superintendent of the bureau of criminal identification and	4329
investigation obtain information from the federal bureau of	4330
investigation as a part of the criminal records check for the	4331
applicant. If the owner, licensee, administrator, authorized	4332
provider, or person presents proof that the owner, licensee,	4333
administrator, authorized provider, or person has been a resident	4334
of this state for that five-year period, the director may request	4335
that the superintendent include information from the federal	4336
bureau of investigation in the criminal records checkperson,	4337
including fingerprint based checks of national crime information	4338
databases as described in 42 U.S.C. 671 for the person subject to	4339
the criminal records check. In all other cases in which the	4340
director of job and family services or the director of a county	4341
department of job and family services requests a criminal records	4342
check for an applicant pursuant to division (A)(1) or (2) of this	4343
section, the director may request that the superintendent include	4344
information from the federal bureau of investigation in the	4345
criminal records check, including fingerprint based checks of	4346
national crime information databases as described in 42 U.S.C.	4347
671.	4348

(4) The director of job and family services shall review the	4349
results of a criminal records check subsequent to a request made	4350
pursuant to divisions (A)(1) and (3) of this section prior to	4351
approval of a license. The director of a county department of job	4352
and family services shall review the results of a criminal records	4353
check subsequent to a request made pursuant to divisions (A)(2)	4354
and (3) of this section prior to approval of certification.	4355

(B) The director of job and family services or the director	4356
of a county department of job and family services shall provide to	4357
each person for whom a criminal records check is required under	4358
this section a copy of the form prescribed pursuant to division	4359
(C)(1) of section 109.572 of the Revised Code and a standard	4360
impression sheet to obtain fingerprint impressions prescribed	4361
pursuant to division (C)(2) of that section, obtain the completed	4362
form and impression sheet from that person, and forward the	4363
completed form and impression sheet to the superintendent of the	4364
bureau of criminal identification and investigation.	4365

(C) A person who receives pursuant to division (B) of this	4366
section a copy of the form and standard impression sheet described	4367
in that division and who is requested to complete the form and	4368
provide a set of fingerprint impressions shall complete the form	4369
or provide all the information necessary to complete the form and	4370
shall provide the impression sheet with the impressions of the	4371
person's fingerprints. If the person, upon request, fails to	4372
provide the information necessary to complete the form or fails to	4373
provide impressions of the person's fingerprints, the director may	4374
consider the failure as a reason to deny licensure or	4375
certification.	4376

(D)(1) Except as provided in rules adopted under division (G)	4377
of this section, the director of job and family services shall not	4378
grant a license to a child day-care center or type A family	4379
day-care home and a county director of job and family services	4380
shall not certify a type B family day-care home if a person for	4381
whom a criminal records check was required in connection with the	4382
center or home previously has been convicted of or pleaded guilty	4383
to any of the following:	4384

(a) A violation of section 2903.01, 2903.02, 2903.03,	4385
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	4386
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	4387
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	4388
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	4389
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	4390
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	4391
2925.06, or 3716.11 of the Revised Code, a violation of section	4392
2905.04 as it existed prior to July 1, 1996, a violation of	4393
section 2919.23 of the Revised Code that would have been a	4394
violation of section 2905.04 of the Revised Code as it existed	4395
prior to July 1, 1996, had the violation been committed prior to	4396
that date, a violation of section 2925.11 of the Revised Code that	4397
is not a minor drug possession offense, or felonious sexual	4398
penetration in violation of former section 2907.12 of the Revised	4399
Code;	4400

(b) A violation of an existing or former law of this state,	4401
any other state, or the United States that is substantially	4402
equivalent to any of the offenses or violations described in	4403
division (D)(1)(a) of this section.	4404

(2) In addition to the prohibition described in division	4405
(D)(1) of this section, and except as provided in rules adopted	4406
under division (G) of this section, the director shall not grant a	4407
license to a child day-care center or type A family day-care home	4408
and a county director shall not certify a type B family day-care	4409
home if an owner, licensee, or administrator of a child day-care	4410
center or type A family day-care home or an authorized provider of	4411
a certified type B family day-care home previously has been	4412
convicted of or pleaded guilty to any of the following:	4413

(a) A violation of section 2913.02, 2913.03, 2913.04,	4414
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	4415
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	4416
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11,	4417
2921.13, or 2923.01 of the Revised Code, a violation of section	4418
2923.02 or 2923.03 of the Revised Code that relates to a crime	4419
specified in this division or division (D)(1) of this section, or	4420
a second violation of section 4511.19 of the Revised Code within	4421
five years of the date of application for licensure or	4422
certification.	4423

(b) A violation of an existing or former law of this state,	4424
any other state, or the United States that is substantially	4425
equivalent to any of the offenses or violations described in	4426
division (D)(2)(a) of this sectionviolations described in	4427
division (A)(9) of section 109.572 of the Revised Code.	4428

(E) Each child day-care center, type A family day-care home,	4429
and type B family day-care home shall pay to the bureau of	4430
criminal identification and investigation the fee prescribed	4431
pursuant to division (C)(3) of section 109.572 of the Revised Code	4432
for each criminal records check conducted in accordance with that	4433
section upon a request made pursuant to division (A) of this	4434
section.	4435

(F) The report of any criminal records check conducted by the	4436
bureau of criminal identification and investigation in accordance	4437
with section 109.572 of the Revised Code and pursuant to a request	4438
made under division (A) of this section is not a public record for	4439
the purposes of section 149.43 of the Revised Code and shall not	4440
be made available to any person other than the person who is the	4441
subject of the criminal records check or the person's	4442
representative, the director of job and family services, the	4443
director of a county department of job and family services, the	4444
center, type A home, or type B home involved, and any court,	4445
hearing officer, or other necessary individual involved in a case	4446
dealing with a denial of licensure or certification related to the	4447
criminal records check.	4448

(G) The director of job and family services shall adopt rules	4449
pursuant to Chapter 119. of the Revised Code to implement this	4450
section, including rules specifying exceptions to the prohibition	4451
in division (D) of this section for persons who have been	4452
convicted of an offense listed in that division but who meet	4453
standards in regard to rehabilitation set by the department.	4454

(H) As used in this section:

4455

(1) "Criminal, "criminal records check" has the same meaning	4456
as in section 109.572 of the Revised Code.	4457

(2) "Minor drug possession offense" has the same meaning as	4458
in section 2925.01 of the Revised Code.	4459

Sec. 5104.022. The department of job and family services	4460
shall not license a prospective type A family day-care home if	4461
that prospective family day-care home is certified to be a foster	4462
home or specialized foster home pursuant to Chapter 5103. of the	4463
Revised Code. A county department of job and family services shall	4464
not certify a prospective type B family day-care home if that	4465
prospective family day-care home is certified to be a specialized	4466
foster home pursuant to Chapter 5103. of the Revised Code.	4467

Sec. 5104.09.  (A)(1) Except as provided in rules adopted	4468
pursuant to division (D) of this section:	4469

(a) No, no individual who has been convicted of or pleaded	4470
guilty to a violation described in division (A)(9) of section	4471
109.572 of the Revised Code, a violation of section 2903.01,	4472
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16,	4473
2903.21, 2903.22, 2903.34, 2905.01, 2905.02, 2905.04, 2905.05,	4474
2905.11, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07,	4475
2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31,	4476
2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2909.04,	4477
2909.05, 2911.01, 2911.02, 2911.11, 2911.12, 2917.01, 2917.02,	4478
2917.03, 2917.31, 2919.12, 2919.24, 2919.25, 2921.03, 2921.34, or	4479
2921.35, 2923.12, 2923.13, 2923.161, 2919.22, 2925.02, 2925.03,	4480
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a	4481
violation of section 2925.11 of the Revised Code that is not a	4482
minor drug possession offense, as defined in section 2925.01 of	4483
the Revised Code, felonious sexual penetration in violation of	4484
former section 2907.12 of the Revised Code, or a violation of an	4485
existing or former law or ordinance of any municipal corporation,	4486
this state, any other state, or the United States that is	4487
substantially equivalent to any of those violations shall be	4488
certified as an in-home aide or be employed in any capacity in or	4489
own or operate a child day-care center, type A family day-care	4490
home, type B family day-care home, or certified type B family	4491
day-care home.	4492

(b) No individual who has been convicted of or pleaded guilty	4493
to a violation of section 2913.02, 2913.03, 2913.04, 2913.041,	4494
2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 2913.33,	4495
2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441,	4496
2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11, 2921.13, or	4497
2923.01 of the Revised Code, a violation of section 2923.02 or	4498
2923.03 of the Revised Code that relates to a crime specified in	4499
this division or division (A)(1)(a) of this section, a second	4500
violation of section 4511.19 of the Revised Code within five years	4501
of the date of operation of the child day-care center or family	4502
day-care home, or two violations of section 4511.19 of the Revised	4503
Code during operation of the center or home, or a violation of an	4504
existing or former law of this state, any other state, or the	4505
United States that is substantially equivalent to any of those	4506
violations shall be certified as an in-home aide or be employed in	4507
any capacity in or own or operate a child day-care center, type A	4508
family day-care home, type B family day-care home, or certified	4509
type B family day-care home.	4510

(2) Each employee of a child day-care center and type A home	4511
and every person eighteen years of age or older residing in a type	4512
A home shall sign a statement on forms prescribed by the director	4513
of job and family services attesting to the fact that the employee	4514
or resident person has not been convicted of or pleaded guilty to	4515
any offense set forth in division (A)(1)(a) of this section and	4516
that no child has been removed from the employee's or resident	4517
person's home pursuant to section 2151.353 of the Revised Code.	4518
Each licensee of a type A home shall sign a statement on a form	4519
prescribed by the director attesting to the fact that no person	4520
who resides at the type A home and who is under the age of	4521
eighteen has been adjudicated a delinquent child for committing a	4522
violation of any section listed in division (A)(1)(a) of this	4523
section. The statements shall be kept on file at the center or	4524
type A home.	4525

(3) Each in-home aide and every person eighteen years of age	4526
or older residing in a certified type B home shall sign a	4527
statement on forms prescribed by the director of job and family	4528
services attesting that the aide or resident person has not been	4529
convicted of or pleaded guilty to any offense set forth in	4530
division (A)(1)(a) of this section and that no child has been	4531
removed from the aide's or resident person's home pursuant to	4532
section 2151.353 of the Revised Code. Each authorized provider	4533
shall sign a statement on forms prescribed by the director	4534
attesting that the provider has not been convicted of or pleaded	4535
guilty to any offense set forth in division (A)(1)(a) or (b) of	4536
this section and that no child has been removed from the	4537
provider's home pursuant to section 2151.353 of the Revised Code.	4538
Each authorized provider shall sign a statement on a form	4539
prescribed by the director attesting to the fact that no person	4540
who resides at the certified type B home and who is under the age	4541
of eighteen has been adjudicated a delinquent child for committing	4542
a violation of any section listed in division (A)(1)(a) of this	4543
section. The statements shall be kept on file at the county	4544
department of job and family services.	4545

(4) Each administrator and licensee of a center or type A	4546
home shall sign a statement on a form prescribed by the director	4547
of job and family services attesting that the administrator or	4548
licensee has not been convicted of or pleaded guilty to any	4549
offense set forth in division (A)(1)(a) or (b) of this section and	4550
that no child has been removed from the administrator's or	4551
licensee's home pursuant to section 2151.353 of the Revised Code.	4552
The statement shall be kept on file at the center or type A home.	4553

(B) No in-home aide, no administrator, licensee, authorized	4554
provider, or employee of a center, type A home, or certified type	4555
B home, and no person eighteen years of age or older residing in a	4556
type A home or certified type B home shall withhold information	4557
from, or falsify information on, any statement required pursuant	4558
to division (A)(2), (3), or (4) of this section.	4559

(C) No administrator, licensee, or child-care staff member	4560
shall discriminate in the enrollment of children in a child	4561
day-care center upon the basis of race, color, religion, sex, or	4562
national origin.	4563

(D) The director of job and family services shall adopt rules	4564
pursuant to Chapter 119. of the Revised Code to implement this	4565
section, including rules specifying exceptions to the prohibition	4566
in division (A)(1) of this section for persons who have been	4567
convicted of an offense listed in that division but meet	4568
rehabilitation standards set by the department.	4569

Sec. 5104.30.  (A) The department of job and family services	4570
is hereby designated as the state agency responsible for	4571
administration and coordination of federal and state funding for	4572
publicly funded child care in this state. Publicly funded child	4573
care shall be provided to the following:	4574

(1) Recipients of transitional child care as provided under	4575
section 5104.34 of the Revised Code;	4576

(2) Participants in the Ohio works first program established	4577
under Chapter 5107. of the Revised Code;	4578

(3) Individuals who would be participating in the Ohio works	4579
first program if not for a sanction under section 5107.16 of the	4580
Revised Code and who continue to participate in a work activity,	4581
developmental activity, or alternative work activity pursuant to	4582
an assignment under section 5107.42 of the Revised Code;	4583

(4) A family receiving publicly funded child care on October	4584
1, 1997, until the family's income reaches one hundred fifty per	4585
cent of the federal poverty line;	4586

(5) Subject to available funds, other individuals determined	4587
eligible in accordance with rules adopted under section 5104.38 of	4588
the Revised Code.	4589

The department shall apply to the United States department of	4590
health and human services for authority to operate a coordinated	4591
program for publicly funded child care, if the director of job and	4592
family services determines that the application is necessary. For	4593
purposes of this section, the department of job and family	4594
services may enter into agreements with other state agencies that	4595
are involved in regulation or funding of child care. The	4596
department shall consider the special needs of migrant workers	4597
when it administers and coordinates publicly funded child care and	4598
shall develop appropriate procedures for accommodating the needs	4599
of migrant workers for publicly funded child care.	4600

(B) The department of job and family services shall	4601
distribute state and federal funds for publicly funded child care,	4602
including appropriations of state funds for publicly funded child	4603
care and appropriations of federal funds available under the child	4604
care block grant act, Title IV-A, and Title XX. The department may	4605
use any state funds appropriated for publicly funded child care as	4606
the state share required to match any federal funds appropriated	4607
for publicly funded child care.	4608

(C) In the use of federal funds available under the child	4609
care block grant act, all of the following apply:	4610

(1) The department may use the federal funds to hire staff to	4611
prepare any rules required under this chapter and to administer	4612
and coordinate federal and state funding for publicly funded child	4613
care.	4614

(2) Not more than five per cent of the aggregate amount of	4615
the federal funds received for a fiscal year may be expended for	4616
administrative costs.	4617

(3) The department shall allocate and use at least four per	4618
cent of the federal funds for the following:	4619

(a) Activities designed to provide comprehensive consumer	4620
education to parents and the public;	4621

(b) Activities that increase parental choice;

4622

(c) Activities, including child care resource and referral	4623
services, designed to improve the quality, and increase the	4624
supply, of child care;	4625

(d) Establishing a voluntary child day-care center	4626
quality-rating program in which participation in the program may	4627
allow a child day-care center to be eligible for grants, technical	4628
assistance, training, or other assistance and become eligible for	4629
unrestricted monetary awards for maintaining a quality rating.	4630

(4) The department shall ensure that the federal funds will	4631
be used only to supplement, and will not be used to supplant,	4632
federal, state, and local funds available on the effective date of	4633
the child care block grant act for publicly funded child care and	4634
related programs. A county department of job and family services	4635
may purchase child care from funds obtained through any other	4636
means.	4637

(D) The department shall encourage the development of	4638
suitable child care throughout the state, especially in areas with	4639
high concentrations of recipients of public assistance and	4640
families with low incomes. The department shall encourage the	4641
development of suitable child care designed to accommodate the	4642
special needs of migrant workers. On request, the department,	4643
through its employees or contracts with state or community child	4644
care resource and referral service organizations, shall provide	4645
consultation to groups and individuals interested in developing	4646
child care. The department of job and family services may enter	4647
into interagency agreements with the department of education, the	4648
board of regents, the department of development, and other state	4649
agencies and entities whenever the cooperative efforts of the	4650
other state agencies and entities are necessary for the department	4651
of job and family services to fulfill its duties and	4652
responsibilities under this chapter.	4653

The department shall develop and maintain a registry of	4654
persons providing child care. The director shall adopt rules	4655
pursuant to Chapter 119. of the Revised Code establishing	4656
procedures and requirements for the registry's administration.	4657

(E)(1) The director shall adopt rules in accordance with	4658
Chapter 119. of the Revised Code establishing both of the	4659
following:	4660

(a) Reimbursement ceilings for providers of publicly funded	4661
child care not later than the first day of July in each	4662
odd-numbered year;	4663

(b) A procedure for reimbursing and paying providers of	4664
publicly funded child care.	4665

(2) In establishing reimbursement ceilings under division	4666
(E)(1)(a) of this section, the director shall do all of the	4667
following:	4668

(a) Use the information obtained under division (B)(3) of	4669
section 5104.04 of the Revised Code;	4670

(b) Establish an enhanced reimbursement ceiling for providers	4671
who provide child care for caretaker parents who work	4672
nontraditional hours;	4673

(c) For a type B family day-care home provider that has	4674
received limited certification pursuant to rules adopted under	4675
division (G)(1) of section 5104.011 of the Revised Code, establish	4676
a reimbursement ceiling that is the following:	4677

(i) If the provider is a person described in division	4678
(G)(1)(a)(i) of section 5104.011 of the Revised Code, seventy-five	4679
per cent of the reimbursement ceiling that applies to a type B	4680
family day-care home certified by the same county department of	4681
job and family services pursuant to section 5104.11 of the Revised	4682
Code;	4683

(ii) If the provider is a person described in division	4684
(G)(1)(b)(a)(ii) of section 5104.011 of the Revised Code, sixty	4685
per cent of the reimbursement ceiling that applies to a type B	4686
family day-care home certified by the same county department	4687
pursuant to section 5104.11 of the Revised Code.	4688

(3) In establishing reimbursement ceilings under division	4689
(E)(1)(a) of this section, the director may establish different	4690
reimbursement ceilings based on any of the following:	4691

(a) Geographic location of the provider;

4692

(b) Type of care provided;

4693

(c) Age of the child served;

4694

(d) Special needs of the child served;

4695

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

4696

(f) Whether weekend service is provided;

4697

(g) Whether the provider has exceeded the minimum	4698
requirements of state statutes and rules governing child care;	4699

(h) Any other factors the director considers appropriate.

4700

(F) The director shall adopt rules in accordance with Chapter	4701
119. of the Revised Code to implement the voluntary child day-care	4702
center quality-rating program described in division (C)(3)(d) of	4703
this section.	4704

Section 2.  That existing sections 109.57, 109.572, 109.5721,	4705
109.60, 2151.413, 2151.414, 2151.417, 2151.419, 2151.421,	4706
2151.424, 2151.86, 3107.033, 3107.034, 3107.14, 5101.13,	4707
5101.132, 5101.134, 5103.03, 5103.0319, 5103.0326, 5103.16,	4708
5103.18, 5104.011, 5104.012, 5104.013, 5104.09, and 5104.30 of	4709
the Revised Code are hereby repealed.	4710

Section 3. That Section 309.50.60 of Am. Sub. H.B. 119 of	4711
the 127th General Assembly be amended to read as follows:	4712

Sec. 309.50.60. CHILD PLACEMENT LEVEL OF CARE TOOL PILOT

4713

(A) Contingent upon the availability of funding, the Ohio	4714
Department of Job and Family Services shall implement and oversee	4715
use of a Child Placement Level of Care Tool on a pilot basis. The	4716
Department shall implement the pilot program in Cuyahoga County	4717
and not more than nine additional counties selected by the	4718
Department. The pilot program shall be developed with the	4719
participating counties and must be acceptable to all	4720
participating counties. A selected county must agree to	4721
participate in the pilot program.	4722

(B) The pilot program shall begin not later than July 1,	4723
2008, and end not later than December 31, 2009. The length of the	4724
pilot program shall not include any time expended in preparation	4725
for implementation or any post-pilot program evaluation activity.	4726

(C)(1) In accordance with sections 125.01 to 125.11 of the	4727
Revised Code, the Ohio Department of Job and Family Services shall	4728
provide for an independent evaluation of the pilot program to rate	4729
the program's success in the following areas:	4730

(a) Placement stability, length of stay, and other outcomes	4731
for children;	4732

(b) Cost;

4733

(c) Worker satisfaction;

4734

(d) Any other criteria the Department determines will be	4735
useful in the consideration of statewide implementation.	4736

(2) The evaluation design shall include:

4737

(a) A comparison of data to historical outcomes or control	4738
counties;	4739

(b) A retrospective data review of Cuyahoga County's use of	4740
the tool;	4741

(c) A prospective data evaluation in each of the pilot	4742
counties.	4743

(D) The Ohio Department of Mental Health shall conduct a	4744
study of the children placed using the Child Placement Level of	4745
Care Tool, which shall run concurrent with the Ohio Department of	4746
Job and Family Services Child Placement Level of Care Tool pilot	4747
program. This study shall use both the Child Placement Level of	4748
Care Tool and the Ohio Scales in a simultaneous collection of	4749
information about children at the time a placement decision is	4750
made. Simultaneous data collection using the Ohio Scales and the	4751
Placement Level of Care Tool shall be coordinated through	4752
collaboration between the Ohio Department of Mental Health and the	4753
independent evaluator designated under division (C) of this	4754
section to ensure study design integrity and cost efficiency.	4755

Based on this data collection from the Ohio Scales and the	4756
Child Placement Level of Care Tool, the study shall focus on	4757
analyzing any correlations between the initial placement outcomes	4758
and initial scores of problem severity and behavioral health	4759
functioning. Through a data sharing agreement with the independent	4760
evaluator designated in division (C) of this section, the	4761
Department of Mental Health shall also analyze data from	4762
subsequent administrations of the Ohio Scales Tool and changes in	4763
placement level of care for any correlations. Upon completion of	4764
the study, the Ohio Department of Mental Health shall send a copy	4765
of the results of the study to the independent evaluator	4766
designated under division (C) of this section.	4767

(E) The independent evaluator designated under division (C)	4768
of this section shall send a copy of the evaluator's initial	4769
evaluation of the Child Placement Level of Care Tool, the Ohio	4770
Department of Mental Health's calibration study designated under	4771
division (D) of this section, and the continuity of care analysis	4772
designated under division (D) of this section to the Ohio	4773
Department of Job and Family Services.	4774

(F) The Ohio Department of Job and Family Services may adopt	4775
rules in accordance with Chapter 119. of the Revised Code as	4776
necessary to carry out the purposes of this section. The	4777
Department shall seek maximum federal financial participation to	4778
support the pilot and the evaluation.	4779

(G)(E) Notwithstanding division (E) of section 5101.141 of	4780
the Revised Code, the Department of Job and Family Services shall	4781
use up to $1,000,000 of appropriation item 600-663, Children and	4782
Family Support, over the biennium to implement the Child Placement	4783
Level of Care Tool pilot program described in this section and to	4784
contract for the independent evaluation of the pilot program.	4785

(H)(F) As used in this section:

4786

(1), "Child Placement Level of Care Tool" means an	4787
assessment tool to be developed by the participating counties to	4788
assess a child's placement needs when a child must be removed	4789
from the child's own home and cannot be placed with a relative or	4790
kin not certified as a foster caregiver that includes assessing a	4791
child's behavior, history, psychological state, and the	4792
involvement of service systems.	4793

(2) "Ohio Scales Tool" means the Ohio Youth Problems,	4794
Functioning, ROLES, and Marker Scales (Ohio Scales, Worker Form)	4795
used by the Ohio Department of Mental Health to measure outcomes	4796
for youth ages five to eighteen.	4797

Section 4. That existing Section 309.50.60 of Am. Sub. H.B.	4798
119 of the 127th General Assembly is hereby repealed.	4799

Section 5. (A) In addition to the actions authorized by	4800
section 5101.24 of the Revised Code, not later than thirty days	4801
after the effective date of this act, the Director of Job and	4802
Family Services shall convene a work group to study and make	4803
recommendations to the Director regarding both of the following:	4804

(1) Support for positive child and family outcomes offered to	4805
public children services agencies, private child placing agencies,	4806
and private noncustodial agencies by the Department of Job and	4807
Family Services;	4808

(2) The establishment of fines and sanctions for public	4809
children services agencies, private child placing agencies, and	4810
private noncustodial agencies that do not comply with foster care	4811
related laws or rules.	4812

(B) The work group shall include representatives of public	4813
children services agencies, private child placing agencies,	4814
private noncustodial agencies, the Ohio Family Care Association,	4815
the Ohio Association of Child Caring Agencies, the Public Children	4816
Services Association of Ohio, the Ohio Job and Family Services	4817
Directors' Association, the County Commissioners' Association of	4818
Ohio, foster caregivers, and current and former foster children.	4819

(C) The work group shall prepare a report that contains	4820
recommendations regarding Department support for local agencies	4821
and the establishment of fines and sanctions either in law, rule,	4822
or both. The work group shall submit the report not later than	4823
June 30, 2009, to the Director. The Director shall review the	4824
recommendations and create an executive summary of the	4825
recommendations and submit the summary to the Governor, the	4826
Speaker of the House of Representatives, and the President of the	4827
Senate. The work group shall cease to exist upon submission of the	4828
executive summary.	4829

Section 6. Until the Uniform Statewide Automated Child	4830
Welfare Information System established under section 5101.13 of	4831
the Revised Code is implemented statewide by all public children	4832
services agencies as described in section 5153.02 of the Revised	4833
Code, agencies or persons required to include a summary report	4834
pursuant to section 3107.033 or 5103.18 of the Revised Code shall	4835
request a check of the Ohio Central Registry of Abuse and Neglect	4836
from the Department of Job and Family Services regarding any	4837
prospective foster parent and any person eighteen years of age or	4838
older who resides with the prospective foster parent or regarding	4839
any prospective adoptive parent and any person eighteen years of	4840
age or older who resides with the prospective adoptive parent,	4841
whichever is applicable, to enable the agency or person to check	4842
any child abuse and neglect registry maintained by any state in	4843
which the prospective foster parent, the prospective adoptive	4844
parent, or the person eighteen years of age or older who resided	4845
with the prospective foster parent or prospective adoptive parent	4846
has resided in the preceding five years. After the Uniform	4847
Statewide Automated Child Welfare Information System established	4848
under section 5101.13 of the Revised Code is implemented statewide	4849
by all public children services agencies as described in section	4850
5153.02 of the Revised Code, all private agencies, as defined in	4851
section 5103.02 of the Revised Code, shall request a check of that	4852
System by the Department of Job and Family Services until the	4853
private agency can access the System and conduct its own search.	4854

Section 7.  Section 109.572 of the Revised Code is presented	4855
in this act as a composite of the section as amended by both Am.	4856
Sub. S.B. 185 and Am. Sub. S.B. 238 of the 126th General Assembly.	4857
Section 2151.86 of the Revised Code is presented in this act as a	4858
composite of the section as amended by both Am. Sub. H.B. 106 and	4859
Am. Sub. H.B. 117 of the 125th General Assembly. The General	4860
Assembly, applying the principle stated in division (B) of section	4861
1.52 of the Revised Code that amendments are to be harmonized if	4862
reasonably capable of simultaneous operation, finds that the	4863
composites are the resulting versions of the sections in effect	4864
prior to the effective date of the sections as presented in this	4865
act.	4866