As Passed by the Senate

127th General Assembly Regular Session 2007-2008

Am. 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 

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A BILL

To amend sections 109.57, 109.572, 109.60, 109.99,

1

2151.413, 2151.414, 2151.417, 2151.419, 2151.421,

2

2151.424, 2151.55, 2151.551, 2151.552, 2151.553,

3

2151.554, 2151.86, 3107.033, 3107.034, 3107.14,

4

5101.13, 5101.132, 5101.134, 5103.03, 5103.0319,

5

5103.0326, 5103.16, 5103.18, 5104.011, 5104.012,

6

5104.013, 5104.09, and 5104.30 and to enact

7

sections 109.581, 1901.43, 1907.181, 2151.555,

8

2301.10, 3107.066, 5101.32, 5103.0328, and

9

5104.022 of the Revised Code to improve foster

10

caregiver background checks, clarify when a court

11

must order a person to be fingerprinted,

12

establish the retained applicant fingerprint

13

database, modify the notifications that must be

14

given before a child is placed in foster care if

15

the child is an exceptional behavioral needs child

16

or has been adjudicated a delinquent child for

17

committing a felonious act, and make other

18

changes in the law regarding approval of

19

out-of-home care workers, adoptive parents, foster

20

caregivers, and child day-cares.

21

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

Section 1. That sections 109.57, 109.572, 109.60, 109.99,	22
2151.413, 2151.414, 2151.417, 2151.419, 2151.421, 2151.424,	23
2151.55, 2151.551, 2151.552, 2151.553, 2151.554, 2151.86,	24
3107.033, 3107.034, 3107.14, 5101.13, 5101.132, 5101.134,	25
5103.03, 5103.0319, 5103.0326, 5103.16, 5103.18, 5104.011,	26
5104.012, 5104.013, 5104.09, and 5104.30 be amended and that	27
sections 109.581, 1901.43, 1907.181, 2151.555, 2301.10, 3107.066,	28
5101.32, 5103.0328, and 5104.022 of the Revised Code be enacted	29
to read as follows:	30

Sec. 109.57.  (A)(1) The superintendent of the bureau of	31
criminal identification and investigation shall procure from	32
wherever procurable and file for record photographs, pictures,	33
descriptions, fingerprints, measurements, and other information	34
that may be pertinent of all persons who have been convicted of	35
committing within this state a felony, any crime constituting a	36
misdemeanor on the first offense and a felony on subsequent	37
offenses, or any misdemeanor described in division (A)(1)(a),	38
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	39
of all children under eighteen years of age who have been	40
adjudicated delinquent children for committing within this state	41
an act that would be a felony or an offense of violence if	42
committed by an adult or who have been convicted of or pleaded	43
guilty to committing within this state a felony or an offense of	44
violence, and of all well-known and habitual criminals. The person	45
in charge of any county, multicounty, municipal, municipal-county,	46
or multicounty-municipal jail or workhouse, community-based	47
correctional facility, halfway house, alternative residential	48
facility, or state correctional institution and the person in	49
charge of any state institution having custody of a person	50
suspected of having committed a felony, any crime constituting a	51
misdemeanor on the first offense and a felony on subsequent	52
offenses, or any misdemeanor described in division (A)(1)(a),	53
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code or	54
having custody of a child under eighteen years of age with respect	55
to whom there is probable cause to believe that the child may have	56
committed an act that would be a felony or an offense of violence	57
if committed by an adult shall furnish such material to the	58
superintendent of the bureau. Fingerprints, photographs, or other	59
descriptive information of a child who is under eighteen years of	60
age, has not been arrested or otherwise taken into custody for	61
committing an act that would be a felony or an offense of violence	62
if committed by an adult, has not been adjudicated a delinquent	63
child for committing an act that would be a felony or an offense	64
of violence if committed by an adult, has not been convicted of or	65
pleaded guilty to committing a felony or an offense of violence,	66
who is not in any other category of child specified in this	67
division, and is not a child with respect to whom there is	68
probable cause to believe that the child may have committed an act	69
that would be a felony or an offense of violence if committed by	70
an adult shall not be procured by the superintendent or furnished	71
by any person in charge of any county, multicounty, municipal,	72
municipal-county, or multicounty-municipal jail or workhouse,	73
community-based correctional facility, halfway house, alternative	74
residential facility, or state correctional institution, except as	75
authorized in section 2151.313 of the Revised Code.	76

(2) Every clerk of a court of record in this state, other	77
than the supreme court or a court of appeals, shall send to the	78
superintendent of the bureau a weekly report containing a summary	79
of each case involving a felony, involving any crime constituting	80
a misdemeanor on the first offense and a felony on subsequent	81
offenses, involving a misdemeanor described in division (A)(1)(a),	82
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	83
or involving an adjudication in a case in which a child under	84
eighteen years of age was alleged to be a delinquent child for	85
committing an act that would be a felony or an offense of violence	86
if committed by an adult. The clerk of the court of common pleas	87
shall include in the report and summary the clerk sends under this	88
division all information described in divisions (A)(2)(a) to (f)	89
of this section regarding a case before the court of appeals that	90
is served by that clerk. The summary shall be written on the	91
standard forms furnished by the superintendent pursuant to	92
division (B) of this section and shall include the following	93
information:	94

(a) The incident tracking number contained on the standard	95
forms furnished by the superintendent pursuant to division (B) of	96
this section;	97

(b) The style and number of the case;

98

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

99

(d) The date that the person was convicted of or pleaded	100
guilty to the offense, adjudicated a delinquent child for	101
committing the act that would be a felony or an offense of	102
violence if committed by an adult, found not guilty of the	103
offense, or found not to be a delinquent child for committing an	104
act that would be a felony or an offense of violence if committed	105
by an adult, the date of an entry dismissing the charge, an entry	106
declaring a mistrial of the offense in which the person is	107
discharged, an entry finding that the person or child is not	108
competent to stand trial, or an entry of a nolle prosequi, or the	109
date of any other determination that constitutes final resolution	110
of the case;	111

(e) A statement of the original charge with the section of	112
the Revised Code that was alleged to be violated;	113

(f) If the person or child was convicted, pleaded guilty, or	114
was adjudicated a delinquent child, the sentence or terms of	115
probation imposed or any other disposition of the offender or the	116
delinquent child.	117

If the offense involved the disarming of a law enforcement	118
officer or an attempt to disarm a law enforcement officer, the	119
clerk shall clearly state that fact in the summary, and the	120
superintendent shall ensure that a clear statement of that fact is	121
placed in the bureau's records.	122

(3) The superintendent shall cooperate with and assist	123
sheriffs, chiefs of police, and other law enforcement officers in	124
the establishment of a complete system of criminal identification	125
and in obtaining fingerprints and other means of identification of	126
all persons arrested on a charge of a felony, any crime	127
constituting a misdemeanor on the first offense and a felony on	128
subsequent offenses, or a misdemeanor described in division	129
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	130
Revised Code and of all children under eighteen years of age	131
arrested or otherwise taken into custody for committing an act	132
that would be a felony or an offense of violence if committed by	133
an adult. The superintendent also shall file for record the	134
fingerprint impressions of all persons confined in a county,	135
multicounty, municipal, municipal-county, or multicounty-municipal	136
jail or workhouse, community-based correctional facility, halfway	137
house, alternative residential facility, or state correctional	138
institution for the violation of state laws and of all children	139
under eighteen years of age who are confined in a county,	140
multicounty, municipal, municipal-county, or multicounty-municipal	141
jail or workhouse, community-based correctional facility, halfway	142
house, alternative residential facility, or state correctional	143
institution or in any facility for delinquent children for	144
committing an act that would be a felony or an offense of violence	145
if committed by an adult, and any other information that the	146
superintendent may receive from law enforcement officials of the	147
state and its political subdivisions.	148

(4) The superintendent shall carry out Chapter 2950. of the	149
Revised Code with respect to the registration of persons who are	150
convicted of or plead guilty to either a sexually oriented offense	151
that is not a registration-exempt sexually oriented offense or a	152
child-victim oriented offense and with respect to all other duties	153
imposed on the bureau under that chapter.	154

(5) The bureau shall perform centralized recordkeeping	155
functions for criminal history records and services in this state	156
for purposes of the national crime prevention and privacy compact	157
set forth in section 109.571 of the Revised Code and is the	158
criminal history record repository as defined in that section for	159
purposes of that compact. The superintendent or the	160
superintendent's designee is the compact officer for purposes of	161
that compact and shall carry out the responsibilities of the	162
compact officer specified in that compact.	163

(B) The superintendent shall prepare and furnish to every	164
county, multicounty, municipal, municipal-county, or	165
multicounty-municipal jail or workhouse, community-based	166
correctional facility, halfway house, alternative residential	167
facility, or state correctional institution and to every clerk of	168
a court in this state specified in division (A)(2) of this section	169
standard forms for reporting the information required under	170
division (A) of this section. The standard forms that the	171
superintendent prepares pursuant to this division may be in a	172
tangible format, in an electronic format, or in both tangible	173
formats and electronic formats.	174

(C) The superintendent may operate a center for electronic,	175
automated, or other data processing for the storage and retrieval	176
of information, data, and statistics pertaining to criminals and	177
to children under eighteen years of age who are adjudicated	178
delinquent children for committing an act that would be a felony	179
or an offense of violence if committed by an adult, criminal	180
activity, crime prevention, law enforcement, and criminal justice,	181
and may establish and operate a statewide communications network	182
to gather and disseminate information, data, and statistics for	183
the use of law enforcement agencies. The superintendent may	184
gather, store, retrieve, and disseminate information, data, and	185
statistics that pertain to children who are under eighteen years	186
of age and that are gathered pursuant to sections 109.57 to 109.61	187
of the Revised Code together with information, data, and	188
statistics that pertain to adults and that are gathered pursuant	189
to those sections. In addition to any other authorized use of	190
information, data, and statistics of that nature, the	191
superintendent or the superintendent's designee may provide and	192
exchange the information, data, and statistics pursuant to the	193
national crime prevention and privacy compact as described in	194
division (A)(5) of this section.	195

(D) The information and materials furnished to the	196
superintendent pursuant to division (A) of this section and	197
information and materials furnished to any board or person under	198
division (F) or (G) of this section are not public records under	199
section 149.43 of the Revised Code.	200

(E) The attorney general shall adopt rules, in accordance	201
with Chapter 119. of the Revised Code, setting forth the procedure	202
by which a person may receive or release information gathered by	203
the superintendent pursuant to division (A) of this section. A	204
reasonable fee may be charged for this service. If a temporary	205
employment service submits a request for a determination of	206
whether a person the service plans to refer to an employment	207
position has been convicted of or pleaded guilty to an offense	208
listed in division (A)(1), (3), (4), (5), or (6) of section	209
109.572 of the Revised Code, the request shall be treated as a	210
single request and only one fee shall be charged.	211

(F)(1) As used in division (F)(2) of this section, "head	212
start agency" means an entity in this state that has been approved	213
to be an agency for purposes of subchapter II of the "Community	214
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	215
as amended.	216

(2)(a) In addition to or in conjunction with any request that	217
is required to be made under section 109.572, 2151.86, 3301.32,	218
3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5123.081,	219
5126.28, 5126.281, or 5153.111 of the Revised Code, the board of	220
education of any school district; the director of mental	221
retardation and developmental disabilities; any county board of	222
mental retardation and developmental disabilities; any entity	223
under contract with a county board of mental retardation and	224
developmental disabilities; the chief administrator of any	225
chartered nonpublic school; the chief administrator of any home	226
health agency; the chief administrator of or person operating any	227
child day-care center, type A family day-care home, or type B	228
family day-care home licensed or certified under Chapter 5104. of	229
the Revised Code; the administrator of any type C family day-care	230
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	231
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	232
general assembly; the chief administrator of any head start	233
agency; or the executive director of a public children services	234
agency may request that the superintendent of the bureau	235
investigate and determine, with respect to any individual who has	236
applied for employment in any position after October 2, 1989, or	237
any individual wishing to apply for employment with a board of	238
education may request, with regard to the individual, whether the	239
bureau has any information gathered under division (A) of this	240
section that pertains to that individual. On receipt of the	241
request, the superintendent shall determine whether that	242
information exists and, upon request of the person, board, or	243
entity requesting information, also shall request from the federal	244
bureau of investigation any criminal records it has pertaining to	245
that individual. The superintendent or the superintendent's	246
designee also may request criminal history records from other	247
states or the federal government pursuant to the national crime	248
prevention and privacy compact set forth in section 109.571 of the	249
Revised Code. Within thirty days of the date that the	250
superintendent receives a request, the superintendent shall send	251
to the board, entity, or person a report of any information that	252
the superintendent determines exists, including information	253
contained in records that have been sealed under section 2953.32	254
of the Revised Code, and, within thirty days of its receipt, shall	255
send the board, entity, or person a report of any information	256
received from the federal bureau of investigation, other than	257
information the dissemination of which is prohibited by federal	258
law.	259

(b) When a board of education is required to receive	260
information under this section as a prerequisite to employment of	261
an individual pursuant to section 3319.39 of the Revised Code, it	262
may accept a certified copy of records that were issued by the	263
bureau of criminal identification and investigation and that are	264
presented by an individual applying for employment with the	265
district in lieu of requesting that information itself. In such a	266
case, the board shall accept the certified copy issued by the	267
bureau in order to make a photocopy of it for that individual's	268
employment application documents and shall return the certified	269
copy to the individual. In a case of that nature, a district only	270
shall accept a certified copy of records of that nature within one	271
year after the date of their issuance by the bureau.	272

(3) The state board of education may request, with respect to	273
any individual who has applied for employment after October 2,	274
1989, in any position with the state board or the department of	275
education, any information that a school district board of	276
education is authorized to request under division (F)(2) of this	277
section, and the superintendent of the bureau shall proceed as if	278
the request has been received from a school district board of	279
education under division (F)(2) of this section.	280

(4) When the superintendent of the bureau receives a request	281
for information under section 3319.291 of the Revised Code, the	282
superintendent shall proceed as if the request has been received	283
from a school district board of education under division (F)(2) of	284
this section.	285

(5) When a recipient of a classroom reading improvement grant	286
paid under section 3301.86 of the Revised Code requests, with	287
respect to any individual who applies to participate in providing	288
any program or service funded in whole or in part by the grant,	289
the information that a school district board of education is	290
authorized to request under division (F)(2)(a) of this section,	291
the superintendent of the bureau shall proceed as if the request	292
has been received from a school district board of education under	293
division (F)(2)(a) of this section.	294

(G) In addition to or in conjunction with any request that is	295
required to be made under section 3701.881, 3712.09, 3721.121, or	296
3722.151 of the Revised Code with respect to an individual who has	297
applied for employment in a position that involves providing	298
direct care to an older adult, the chief administrator of a home	299
health agency, hospice care program, home licensed under Chapter	300
3721. of the Revised Code, adult day-care program operated	301
pursuant to rules adopted under section 3721.04 of the Revised	302
Code, or adult care facility may request that the superintendent	303
of the bureau investigate and determine, with respect to any	304
individual who has applied after January 27, 1997, for employment	305
in a position that does not involve providing direct care to an	306
older adult, whether the bureau has any information gathered under	307
division (A) of this section that pertains to that individual.	308

In addition to or in conjunction with any request that is	309
required to be made under section 173.27 of the Revised Code with	310
respect to an individual who has applied for employment in a	311
position that involves providing ombudsperson services to	312
residents of long-term care facilities or recipients of	313
community-based long-term care services, the state long-term care	314
ombudsperson, ombudsperson's designee, or director of health may	315
request that the superintendent investigate and determine, with	316
respect to any individual who has applied for employment in a	317
position that does not involve providing such ombudsperson	318
services, whether the bureau has any information gathered under	319
division (A) of this section that pertains to that applicant.	320

In addition to or in conjunction with any request that is	321
required to be made under section 173.394 of the Revised Code with	322
respect to an individual who has applied for employment in a	323
position that involves providing direct care to an individual, the	324
chief administrator of a community-based long-term care agency may	325
request that the superintendent investigate and determine, with	326
respect to any individual who has applied for employment in a	327
position that does not involve providing direct care, whether the	328
bureau has any information gathered under division (A) of this	329
section that pertains to that applicant.	330

On receipt of a request under this division, the	331
superintendent shall determine whether that information exists	332
and, on request of the individual requesting information, shall	333
also request from the federal bureau of investigation any criminal	334
records it has pertaining to the applicant. The superintendent or	335
the superintendent's designee also may request criminal history	336
records from other states or the federal government pursuant to	337
the national crime prevention and privacy compact set forth in	338
section 109.571 of the Revised Code. Within thirty days of the	339
date a request is received, the superintendent shall send to the	340
requester a report of any information determined to exist,	341
including information contained in records that have been sealed	342
under section 2953.32 of the Revised Code, and, within thirty days	343
of its receipt, shall send the requester a report of any	344
information received from the federal bureau of investigation,	345
other than information the dissemination of which is prohibited by	346
federal law.	347

(H) Information obtained by a government entity or person	348
under this section is confidential and shall not be released or	349
disseminated.	350

(I) The superintendent may charge a reasonable fee for	351
providing information or criminal records under division (F)(2) or	352
(G) of this section.	353

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	354
section 121.08, 3301.32, 3301.541, or 3319.39, 5104.012, or	355
5104.013 of the Revised Code, a completed form prescribed pursuant	356
to division (C)(1) of this section, and a set of fingerprint	357
impressions obtained in the manner described in division (C)(2) of	358
this section, the superintendent of the bureau of criminal	359
identification and investigation shall conduct a criminal records	360
check in the manner described in division (B) of this section to	361
determine whether any information exists that indicates that the	362
person who is the subject of the request previously has been	363
convicted of or pleaded guilty to any of the following:	364

(a) A violation of section 2903.01, 2903.02, 2903.03,	365
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	366
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	367
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	368
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	369
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	370
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	371
2925.06, or 3716.11 of the Revised Code, felonious sexual	372
penetration in violation of former section 2907.12 of the Revised	373
Code, a violation of section 2905.04 of the Revised Code as it	374
existed prior to July 1, 1996, a violation of section 2919.23 of	375
the Revised Code that would have been a violation of section	376
2905.04 of the Revised Code as it existed prior to July 1, 1996,	377
had the violation been committed prior to that date, or a	378
violation of section 2925.11 of the Revised Code that is not a	379
minor drug possession offense;	380

(b) A violation of an existing or former law of this state,	381
any other state, or the United States that is substantially	382
equivalent to any of the offenses listed in division (A)(1)(a) of	383
this section.	384

(2) On receipt of a request pursuant to section 5123.081 of	385
the Revised Code with respect to an applicant for employment in	386
any position with the department of mental retardation and	387
developmental disabilities, pursuant to section 5126.28 of the	388
Revised Code with respect to an applicant for employment in any	389
position with a county board of mental retardation and	390
developmental disabilities, or pursuant to section 5126.281 of the	391
Revised Code with respect to an applicant for employment in a	392
direct services position with an entity contracting with a county	393
board for employment, a completed form prescribed pursuant to	394
division (C)(1) of this section, and a set of fingerprint	395
impressions obtained in the manner described in division (C)(2) of	396
this section, the superintendent of the bureau of criminal	397
identification and investigation shall conduct a criminal records	398
check. The superintendent shall conduct the criminal records check	399
in the manner described in division (B) of this section to	400
determine whether any information exists that indicates that the	401
person who is the subject of the request has been convicted of or	402
pleaded guilty to any of the following:	403

(a) A violation of section 2903.01, 2903.02, 2903.03,	404
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	405
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	406
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	407
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	408
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	409
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	410
2925.03, or 3716.11 of the Revised Code;	411

(b) An existing or former municipal ordinance or law of this	412
state, any other state, or the United States that is substantially	413
equivalent to any of the offenses listed in division (A)(2)(a) of	414
this section.	415

(3) On receipt of a request pursuant to section 173.27,	416
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a	417
completed form prescribed pursuant to division (C)(1) of this	418
section, and a set of fingerprint impressions obtained in the	419
manner described in division (C)(2) of this section, the	420
superintendent of the bureau of criminal identification and	421
investigation shall conduct a criminal records check with respect	422
to any person who has applied for employment in a position for	423
which a criminal records check is required by those sections. The	424
superintendent shall conduct the criminal records check in the	425
manner described in division (B) of this section to determine	426
whether any information exists that indicates that the person who	427
is the subject of the request previously has been convicted of or	428
pleaded guilty to any of the following:	429

(a) A violation of section 2903.01, 2903.02, 2903.03,	430
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	431
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	432
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	433
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	434
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	435
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	436
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	437
2925.22, 2925.23, or 3716.11 of the Revised Code;	438

(b) An existing or former law of this state, any other state,	439
or the United States that is substantially equivalent to any of	440
the offenses listed in division (A)(3)(a) of this section.	441

(4) On receipt of a request pursuant to section 3701.881 of	442
the Revised Code with respect to an applicant for employment with	443
a home health agency as a person responsible for the care,	444
custody, or control of a child, a completed form prescribed	445
pursuant to division (C)(1) of this section, and a set of	446
fingerprint impressions obtained in the manner described in	447
division (C)(2) of this section, the superintendent of the bureau	448
of criminal identification and investigation shall conduct a	449
criminal records check. The superintendent shall conduct the	450
criminal records check in the manner described in division (B) of	451
this section to determine whether any information exists that	452
indicates that the person who is the subject of the request	453
previously has been convicted of or pleaded guilty to any of the	454
following:	455

(a) A violation of section 2903.01, 2903.02, 2903.03,	456
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	457
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	458
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	459
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	460
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	461
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	462
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	463
violation of section 2925.11 of the Revised Code that is not a	464
minor drug possession offense;	465

(b) An existing or former law of this state, any other state,	466
or the United States that is substantially equivalent to any of	467
the offenses listed in division (A)(4)(a) of this section.	468

(5) On receipt of a request pursuant to section 5111.95 or	469
5111.96 of the Revised Code with respect to an applicant for	470
employment with a waiver agency participating in a department of	471
job and family services administered home and community-based	472
waiver program or an independent provider participating in a	473
department administered home and community-based waiver program in	474
a position that involves providing home and community-based waiver	475
services to consumers with disabilities, a completed form	476
prescribed pursuant to division (C)(1) of this section, and a set	477
of fingerprint impressions obtained in the manner described in	478
division (C)(2) of this section, the superintendent of the bureau	479
of criminal identification and investigation shall conduct a	480
criminal records check. The superintendent shall conduct the	481
criminal records check in the manner described in division (B) of	482
this section to determine whether any information exists that	483
indicates that the person who is the subject of the request	484
previously has been convicted of or pleaded guilty to any of the	485
following:	486

(a) A violation of section 2903.01, 2903.02, 2903.03,	487
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	488
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	489
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	490
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	491
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,	492
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40,	493
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36,	494
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	495
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the	496
Revised Code, felonious sexual penetration in violation of former	497
section 2907.12 of the Revised Code, a violation of section	498
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	499
violation of section 2919.23 of the Revised Code that would have	500
been a violation of section 2905.04 of the Revised Code as it	501
existed prior to July 1, 1996, had the violation been committed	502
prior to that date;	503

(b) An existing or former law of this state, any other state,	504
or the United States that is substantially equivalent to any of	505
the offenses listed in division (A)(5)(a) of this section.	506

(6) On receipt of a request pursuant to section 3701.881 of	507
the Revised Code with respect to an applicant for employment with	508
a home health agency in a position that involves providing direct	509
care to an older adult, a completed form prescribed pursuant to	510
division (C)(1) of this section, and a set of fingerprint	511
impressions obtained in the manner described in division (C)(2) of	512
this section, the superintendent of the bureau of criminal	513
identification and investigation shall conduct a criminal records	514
check. The superintendent shall conduct the criminal records check	515
in the manner described in division (B) of this section to	516
determine whether any information exists that indicates that the	517
person who is the subject of the request previously has been	518
convicted of or pleaded guilty to any of the following:	519

(a) A violation of section 2903.01, 2903.02, 2903.03,	520
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	521
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	522
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	523
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	524
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	525
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	526
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	527
2925.22, 2925.23, or 3716.11 of the Revised Code;	528

(b) An existing or former law of this state, any other state,	529
or the United States that is substantially equivalent to any of	530
the offenses listed in division (A)(6)(a) of this section.	531

(7) When conducting a criminal records check upon a request	532
pursuant to section 3319.39 of the Revised Code for an applicant	533
who is a teacher, in addition to the determination made under	534
division (A)(1) of this section, the superintendent shall	535
determine whether any information exists that indicates that the	536
person who is the subject of the request previously has been	537
convicted of or pleaded guilty to any offense specified in section	538
3319.31 of the Revised Code.	539

(8) On receipt of a request pursuant to section 2151.86 of	540
the Revised Code, a completed form prescribed pursuant to division	541
(C)(1) of this section, and a set of fingerprint impressions	542
obtained in the manner described in division (C)(2) of this	543
section, the superintendent of the bureau of criminal	544
identification and investigation shall conduct a criminal records	545
check in the manner described in division (B) of this section to	546
determine whether any information exists that indicates that the	547
person who is the subject of the request previously has been	548
convicted of or pleaded guilty to any of the following:	549

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	550
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	551
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	552
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	553
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	554
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	555
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	556
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	557
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	558
of the Revised Code, a violation of section 2905.04 of the Revised	559
Code as it existed prior to July 1, 1996, a violation of section	560
2919.23 of the Revised Code that would have been a violation of	561
section 2905.04 of the Revised Code as it existed prior to July 1,	562
1996, had the violation been committed prior to that date, a	563
violation of section 2925.11 of the Revised Code that is not a	564
minor drug possession offense, two or more OVI or OVUAC violations	565
committed within the three years immediately preceding the	566
submission of the application or petition that is the basis of the	567
request, or felonious sexual penetration in violation of former	568
section 2907.12 of the Revised Code;	569

(b) A violation of an existing or former law of this state,	570
any other state, or the United States that is substantially	571
equivalent to any of the offenses listed in division (A)(8)(a) of	572
this section.	573

(9) When conducting a criminal records check onUpon receipt	574
of a request pursuant to section 5104.012 or 5104.013 of the	575
Revised Code for a person who is an owner, licensee, or	576
administrator of a child day-care center or type A family day-care	577
home, an authorized provider of a certified type B family day-care	578
home, or an adult residing in a type A or certified type B home,	579
or when conducting a criminal records check or a request pursuant	580
to section 5104.012 of the Revised Code for a person who is an	581
applicant for employment in a center, type A home, or certified	582
type B home, the superintendent, in addition to the determination	583
made under division (A)(1) of this section, shall, a completed	584
form prescribed pursuant to division (C)(1) of this section, and a	585
set of fingerprint impressions obtained in the manner described in	586
division (C)(2) of this section, the superintendent of the bureau	587
of criminal identification and investigation shall conduct a	588
criminal records check in the manner described in division (B) of	589
this section to determine whether any information exists that	590
indicates that the person who is the subject of the request has	591
been convicted of or pleaded guilty to any of the following:	592

(a) A violation of section 2903.01, 2903.02, 2903.03,	593
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	594
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	595
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	596
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	597
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	598
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	599
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	600
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	601
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, or 2923.01, 2923.12,	602
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	603
3716.11 of the Revised Code, felonious sexual penetration in	604
violation of former section 2907.12 of the Revised Code, a	605
violation of section 2905.04 of the Revised Code as it existed	606
prior to July 1, 1996, a violation of section 2919.23 of the	607
Revised Code that would have been a violation of section 2905.04	608
of the Revised Code as it existed prior to July 1, 1996, had the	609
violation been committed prior to that date, a violation of	610
section 2925.11 of the Revised Code that is not a minor drug	611
possession offense, a violation of section 2923.02 or 2923.03 of	612
the Revised Code that relates to a crime specified in this	613
division or division (A)(1)(a) of this section, or a second	614
violation of section 4511.19 of the Revised Code within five years	615
of the date of application for licensure or certification.	616

(b) A violation of an existing or former law of this state,	617
any other state, or the United States that is substantially	618
equivalent to any of the offenses or violations described in	619
division (A)(9)(a) of this section.	620

(10) Upon receipt of a request pursuant to section 5153.111	621
of the Revised Code, a completed form prescribed pursuant to	622
division (C)(1) of this section, and a set of fingerprint	623
impressions obtained in the manner described in division (C)(2) of	624
this section, the superintendent of the bureau of criminal	625
identification and investigation shall conduct a criminal records	626
check in the manner described in division (B) of this section to	627
determine whether any information exists that indicates that the	628
person who is the subject of the request previously has been	629
convicted of or pleaded guilty to any of the following:	630

(a) A violation of section 2903.01, 2903.02, 2903.03,	631
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	632
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	633
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	634
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	635
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	636
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	637
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	638
felonious sexual penetration in violation of former section	639
2907.12 of the Revised Code, a violation of section 2905.04 of the	640
Revised Code as it existed prior to July 1, 1996, a violation of	641
section 2919.23 of the Revised Code that would have been a	642
violation of section 2905.04 of the Revised Code as it existed	643
prior to July 1, 1996, had the violation been committed prior to	644
that date, or a violation of section 2925.11 of the Revised Code	645
that is not a minor drug possession offense;	646

(b) A violation of an existing or former law of this state,	647
any other state, or the United States that is substantially	648
equivalent to any of the offenses listed in division (A)(10)(a) of	649
this section.	650

(11) On receipt of a request for a criminal records check	651
from an individual pursuant to section 4749.03 or 4749.06 of the	652
Revised Code, accompanied by a completed copy of the form	653
prescribed in division (C)(1) of this section and a set of	654
fingerprint impressions obtained in a manner described in division	655
(C)(2) of this section, the superintendent of the bureau of	656
criminal identification and investigation shall conduct a criminal	657
records check in the manner described in division (B) of this	658
section to determine whether any information exists indicating	659
that the person who is the subject of the request has been	660
convicted of or pleaded guilty to a felony in this state or in any	661
other state. If the individual indicates that a firearm will be	662
carried in the course of business, the superintendent shall	663
require information from the federal bureau of investigation as	664
described in division (B)(2) of this section. The superintendent	665
shall report the findings of the criminal records check and any	666
information the federal bureau of investigation provides to the	667
director of public safety.	668

(12) On receipt of a request pursuant to section 1322.03,	669
1322.031, or 4763.05 of the Revised Code, a completed form	670
prescribed pursuant to division (C)(1) of this section, and a set	671
of fingerprint impressions obtained in the manner described in	672
division (C)(2) of this section, the superintendent of the bureau	673
of criminal identification and investigation shall conduct a	674
criminal records check with respect to any person who has applied	675
for a license, permit, or certification from the department of	676
commerce or a division in the department. The superintendent shall	677
conduct the criminal records check in the manner described in	678
division (B) of this section to determine whether any information	679
exists that indicates that the person who is the subject of the	680
request previously has been convicted of or pleaded guilty to any	681
of the following: a violation of section 2913.02, 2913.11,	682
2913.31, 2913.51, or 2925.03 of the Revised Code; any other	683
criminal offense involving theft, receiving stolen property,	684
embezzlement, forgery, fraud, passing bad checks, money	685
laundering, or drug trafficking, or any criminal offense involving	686
money or securities, as set forth in Chapters 2909., 2911., 2913.,	687
2915., 2921., 2923., and 2925. of the Revised Code; or any	688
existing or former law of this state, any other state, or the	689
United States that is substantially equivalent to those offenses.	690

(13) Not later than thirty days after the date the	691
superintendent receives the request, completed form, and	692
fingerprint impressions, the superintendent shall send the person,	693
board, or entity that made the request any information, other than	694
information the dissemination of which is prohibited by federal	695
law, the superintendent determines exists with respect to the	696
person who is the subject of the request that indicates that the	697
person previously has been convicted of or pleaded guilty to any	698
offense listed or described in division (A)(1), (2), (3), (4),	699
(5), (6), (7), (8), (9), (10), (11), or (12) of this section, as	700
appropriate. The superintendent shall send the person, board, or	701
entity that made the request a copy of the list of offenses	702
specified in division (A)(1), (2), (3), (4), (5), (6), (7), (8),	703
(9), (10), (11), or (12) of this section, as appropriate. If the	704
request was made under section 3701.881 of the Revised Code with	705
regard to an applicant who may be both responsible for the care,	706
custody, or control of a child and involved in providing direct	707
care to an older adult, the superintendent shall provide a list of	708
the offenses specified in divisions (A)(4) and (6) of this	709
section.	710

(B) The superintendent shall conduct any criminal records	711
check requested under section 121.08, 173.27, 173.394, 1322.03,	712
1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,	713
3721.121, 3722.151, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013,	714
5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the	715
Revised Code as follows:	716

(1) The superintendent shall review or cause to be reviewed	717
any relevant information gathered and compiled by the bureau under	718
division (A) of section 109.57 of the Revised Code that relates to	719
the person who is the subject of the request, including any	720
relevant information contained in records that have been sealed	721
under section 2953.32 of the Revised Code;	722

(2) If the request received by the superintendent asks for	723
information from the federal bureau of investigation, the	724
superintendent shall request from the federal bureau of	725
investigation any information it has with respect to the person	726
who is the subject of the request, including fingerprint based	727
checks of national crime information databases as described in 42	728
U.S.C. 671 if the request is made pursuant to section 2151.86,	729
5104.012, or 5104.013 of the Revised Code or if any other Revised	730
Code section requires fingerprint based checks of that nature, and	731
shall review or cause to be reviewed any information the	732
superintendent receives from that bureau.	733

(3) The superintendent or the superintendent's designee may	734
request criminal history records from other states or the federal	735
government pursuant to the national crime prevention and privacy	736
compact set forth in section 109.571 of the Revised Code.	737

(C)(1) The superintendent shall prescribe a form to obtain	738
the information necessary to conduct a criminal records check from	739
any person for whom a criminal records check is required by	740
section 121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86,	741
3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	742
4749.03, 4749.06, 4763.05, 5104.012, 5104.013, 5111.95, 5111.96,	743
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The	744
form that the superintendent prescribes pursuant to this division	745
may be in a tangible format, in an electronic format, or in both	746
tangible and electronic formats.	747

(2) The superintendent shall prescribe standard impression	748
sheets to obtain the fingerprint impressions of any person for	749
whom a criminal records check is required by section 121.08,	750
173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541,	751
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06,	752
4763.05, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28,	753
5126.281, or 5153.111 of the Revised Code. Any person for whom a	754
records check is required by any of those sections shall obtain	755
the fingerprint impressions at a county sheriff's office,	756
municipal police department, or any other entity with the ability	757
to make fingerprint impressions on the standard impression sheets	758
prescribed by the superintendent. The office, department, or	759
entity may charge the person a reasonable fee for making the	760
impressions. The standard impression sheets the superintendent	761
prescribes pursuant to this division may be in a tangible format,	762
in an electronic format, or in both tangible and electronic	763
formats.	764

(3) Subject to division (D) of this section, the	765
superintendent shall prescribe and charge a reasonable fee for	766
providing a criminal records check requested under section 121.08,	767
173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541,	768
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06,	769
4763.05, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28,	770
5126.281, or 5153.111 of the Revised Code. The person making a	771
criminal records request under section 121.08, 173.27, 173.394,	772
1322.03, 1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	773
3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 4763.05, 5104.012,	774
5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or	775
5153.111 of the Revised Codeany of those sections shall pay the	776
fee prescribed pursuant to this division. A person making a	777
request under section 3701.881 of the Revised Code for a criminal	778
records check for an applicant who may be both responsible for the	779
care, custody, or control of a child and involved in providing	780
direct care to an older adult shall pay one fee for the request.	781

(4) The superintendent of the bureau of criminal	782
identification and investigation may prescribe methods of	783
forwarding fingerprint impressions and information necessary to	784
conduct a criminal records check, which methods shall include, but	785
not be limited to, an electronic method.	786

(D) A determination whether any information exists that	787
indicates that a person previously has been convicted of or	788
pleaded guilty to any offense listed or described in division	789
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	790
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b),	791
(A)(9)(a) or (b), (A)(10)(a) or (b), or (A)(12) of this section	792
that is made by the superintendent with respect to information	793
considered in a criminal records check in accordance with this	794
section is valid for the person who is the subject of the criminal	795
records check for a period of one year from the date upon which	796
the superintendent makes the determination. During the period in	797
which the determination in regard to a person is valid, if another	798
request under this section is made for a criminal records check	799
for that person, the superintendent shall provide the information	800
that is the basis for the superintendent's initial determination	801
at a lower fee than the fee prescribed for the initial criminal	802
records check.	803

(E) As used in this section:

804

(1) "Criminal records check" means any criminal records check	805
conducted by the superintendent of the bureau of criminal	806
identification and investigation in accordance with division (B)	807
of this section.	808

(2) "Home and community-based waiver services" and "waiver	809
agency" have the same meanings as in section 5111.95 of the	810
Revised Code.	811

(3) "Independent provider" has the same meaning as in section	812
5111.96 of the Revised Code.	813

(4) "Minor drug possession offense" has the same meaning as	814
in section 2925.01 of the Revised Code.	815

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

816

(6) "OVI or OVUAC violation" means a violation of section	817
4511.19 of the Revised Code or a violation of an existing or	818
former law of this state, any other state, or the United States	819
that is substantially equivalent to section 4511.19 of the Revised	820
Code.	821

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

822

(1) "Individual" means any person who is required by law to	823
submit fingerprint impressions to a participating entity for a	824
criminal records check.	825

(2) "Participating entity" means a state agency or government	826
agency required by statute to submit fingerprint impressions of an	827
individual for a criminal records check as a condition of	828
licensure, certification, approval for adoption, employment, or	829
volunteer service with the agency.	830

(3) "State agency" has the same meaning as in section 9.23 of	831
the Revised Code.	832

(B) The superintendent of the bureau of criminal	833
identification and investigation shall establish and maintain a	834
retained applicant fingerprint database, separate and apart from	835
all other records maintained by the bureau, to notify a	836
participating entity when an individual who is licensed,	837
certified, approval for adoption, or employed by, or volunteers	838
with, the participating entity and is arrested for, or pleads	839
guilty to or is convicted of, an offense that would disqualify	840
that individual from licensure, certification, approval, or	841
employment by, or volunteering with, the participating entity.	842

(C)(1) A participating entity shall ensure that the	843
superintendent of the bureau of criminal identification and	844
investigation receives fingerprint impressions in a manner	845
prescribed by the bureau in rules adopted under this section prior	846
to an individual being licensed, certified, approved for adoption,	847
or employed by, or beginning volunteer service with, the	848
participating entity. The bureau shall enter information and the	849
fingerprint impressions relating to the individual into the	850
retained applicant fingerprint database within thirty days of	851
receiving the information and impressions.	852

(2) An individual who has submitted fingerprint impressions	853
for licensure, certification, approval for adoption, or employment	854
by, or volunteer service with, a participating entity shall be	855
reprinted for licensure, certification, approval, employment, or	856
volunteer service with another participating entity. If an	857
individual has been reprinted, the superintendent of the bureau of	858
criminal identification and investigation shall update that	859
individual's information accordingly.	860

(3) A participating entity shall notify the bureau of	861
criminal identification and investigation when an individual is no	862
longer licensed, certified, approved for adoption, or employed by,	863
or volunteers with, the participating entity, or the individual is	864
deceased.	865

(D) The superintendent of the bureau of criminal	866
identification and investigation shall promptly notify a	867
participating entity when an individual who is licensed,	868
certified, approved for adoption, or employed by, or volunteers	869
with, a participating entity is arrested for, or pleads guilty to	870
or is convicted of, an offense that would disqualify that	871
individual from licensure, certification, approval, employment, or	872
volunteering with the participating entity.	873

(E)(1) Information contained in the retained applicant	874
fingerprint database, and in the notice described in division (D)	875
of this section, shall be used by the bureau of criminal	876
identification and investigation and the participating entity for	877
the purposes of licensure, certification, approval for adoption,	878
or employment by, or volunteer service with, the participating	879
entity, and such information is otherwise confidential and not a	880
public record under section 149.43 of the Revised Code.	881

(2) No person shall knowingly disseminate or use the	882
information contained in the retained applicant fingerprint	883
database for any purpose that is not authorized by law or by rules	884
adopted pursuant to this section.	885

(3) No person shall knowingly use the information contained	886
in the retained applicant fingerprint database to harass or	887
intimidate another person.	888

(F)(1) Any law enforcement official, or official employed by	889
the participating entity who receives notification under this	890
section, who disseminates, or fails to disseminate, information	891
contained in the retained applicant fingerprint database in good	892
faith compliance with the duties imposed by this section is immune	893
from civil liability relating to that dissemination or failure to	894
disseminate, unless the official's actions were manifestly outside	895
the scope of duties imposed by this section or unless the official	896
acted with malicious purpose, in bad faith, or in a wanton or	897
reckless manner.	898

(2) A participating entity shall not be found negligent per	899
se in a civil action for failure to submit an individual's	900
information or fingerprint impressions to the bureau of criminal	901
identification and investigation in accordance with this section.	902

(G) Not later than six months after the effective date of	903
this section, each participating entity that is a state agency	904
shall adopt rules in accordance with Chapter 119. of the Revised	905
Code to implement this section. The rules shall be consistent with	906
the provisions of this section that are applicable to the	907
participating entity. Prior to the date on which rules adopted by	908
a participating entity under this division take effect, the	909
participating entity may use information provided under this	910
section, notwithstanding the fact that the rules have not taken	911
effect, and the lack of rules does not limit or restrict the	912
participating entity from using information so provided.	913

(H) The superintendent of the bureau of criminal	914
identification and investigation shall adopt rules in accordance	915
with Chapter 119. of the Revised Code necessary to carry out the	916
purposes of this section, including rules regarding all of the	917
following:	918

(1) The establishment and maintenance of the retained	919
applicant fingerprint database;	920

(2) The collection of fingerprint impressions and a	921
reasonable fee for utilizing the database;	922

(3) The expungement of fingerprint impressions and other	923
personal information of individuals who are deceased or are no	924
longer licensed, certified, approved for adoption, or employed by,	925
or volunteer with, a participating entity.	926

Sec. 109.60.  (A)(1) The sheriffs of the several counties and	927
the chiefs of police of cities, immediately upon the arrest of any	928
person for any felony, on suspicion of any felony, for a crime	929
constituting a misdemeanor on the first offense and a felony on	930
subsequent offenses, or for any misdemeanor described in division	931
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	932
Revised Code, and immediately upon the arrest or taking into	933
custody of any child under eighteen years of age for committing an	934
act that would be a felony or an offense of violence if committed	935
by an adult or upon probable cause to believe that a child of that	936
age may have committed an act that would be a felony or an offense	937
of violence if committed by an adult, shall take the person's or	938
child's fingerprints, or cause the same to be taken, according to	939
the fingerprint system of identification on the forms furnished by	940
the superintendent of the bureau of criminal identification and	941
investigation, and immediately shall forward copies of the	942
completed forms, any other description that may be required, and	943
the history of the offense committed to the bureau to be	944
classified and filed and to the clerk of the court having	945
jurisdiction over the prosecution of the offense or over the	946
adjudication relative to the act.	947

(2) IfExcept as provided in division (B) of this section, if	948
a person or child has not been arrested and first appears before a	949
court or magistrate in response to a summons, or if a sheriff or	950
chief of police has not taken, or caused to be taken, a person's	951
or child's fingerprints in accordance with division (A)(1) of this	952
section by the time of the arraignment or first appearance of the	953
person or child, the court shall order the person or child to	954
appear before the sheriff or chief of police within twenty-four	955
hours to have the person's or child's fingerprints taken. The	956
sheriff or chief of police shall take the person's or child's	957
fingerprints, or cause the fingerprints to be taken, according to	958
the fingerprint system of identification on the forms furnished by	959
the superintendent of the bureau of criminal identification and	960
investigation and, immediately after the person's or child's	961
arraignment or first appearance, forward copies of the completed	962
forms, any other description that may be required, and the history	963
of the offense committed to the bureau to be classified and filed	964
and to the clerk of the court.	965

(3) Every court with jurisdiction over a case involving a	966
person or child with respect to whom division (A)(1) or (2) of	967
this section requires a sheriff or chief of police to take the	968
person's or child's fingerprints shall inquire at the time of the	969
person's or child's sentencing or adjudication whether or not the	970
person or child has been fingerprinted pursuant to division (A)(1)	971
or (2) of this section for the original arrest or court appearance	972
upon which the sentence or adjudication is based. If the person or	973
child was not fingerprinted for the original arrest or court	974
appearance upon which the sentence or adjudication is based, the	975
court shall order the person or child to appear before the sheriff	976
or chief of police within twenty-four hours to have the person's	977
or child's fingerprints taken. The sheriff or chief of police	978
shall take the person's or child's fingerprints, or cause the	979
fingerprints to be taken, according to the fingerprint system of	980
identification on the forms furnished by the superintendent of the	981
bureau of criminal identification and investigation and	982
immediately forward copies of the completed forms, any other	983
description that may be required, and the history of the offense	984
committed to the bureau to be classified and filed and to the	985
clerk of the court.	986

(4) If a person or child is in the custody of a law	987
enforcement agency or a detention facility, as defined in section	988
2921.01 of the Revised Code, and the chief law enforcement officer	989
or chief administrative officer of the detention facility	990
discovers that a warrant has been issued or a bill of information	991
has been filed alleging the person or child to have committed an	992
offense or act other than the offense or act for which the person	993
or child is in custody, and the other alleged offense or act is	994
one for which fingerprints are to be taken pursuant to division	995
(A)(1) of this section, the law enforcement agency or detention	996
facility shall take the fingerprints of the person or child, or	997
cause the fingerprints to be taken, according to the fingerprint	998
system of identification on the forms furnished by the	999
superintendent of the bureau of criminal identification and	1000
investigation and immediately forward copies of the completed	1001
forms, any other description that may be required, and the history	1002
of the offense committed to the bureau to be classified and filed	1003
and to the clerk of the court that issued the warrant or with	1004
which the bill of information was filed.	1005

(5) If an accused is found not guilty of the offense charged	1006
or a nolle prosequi is entered in any case, or if any accused	1007
child under eighteen years of age is found not to be a delinquent	1008
child for committing an act that would be a felony or an offense	1009
of violence if committed by an adult or not guilty of the felony	1010
or offense of violence charged or a nolle prosequi is entered in	1011
that case, the fingerprints and description shall be given to the	1012
accused upon the accused's request.	1013

(6) The superintendent shall compare the description received	1014
with those already on file in the bureau, and, if the	1015
superintendent finds that the person arrested or taken into	1016
custody has a criminal record or a record as a delinquent child	1017
for having committed an act that would be a felony or an offense	1018
of violence if committed by an adult or is a fugitive from justice	1019
or wanted by any jurisdiction in this or another state, the United	1020
States, or a foreign country for any offense, the superintendent	1021
at once shall inform the arresting officer, the officer taking the	1022
person into custody, or the chief administrative officer of the	1023
county, multicounty, municipal, municipal-county, or	1024
multicounty-municipal jail or workhouse, community-based	1025
correctional facility, halfway house, alternative residential	1026
facility, or state correctional institution in which the person or	1027
child is in custody of that fact and give appropriate notice to	1028
the proper authorities in the jurisdiction in which the person is	1029
wanted, or, if that jurisdiction is a foreign country, give	1030
appropriate notice to federal authorities for transmission to the	1031
foreign country. The names, under which each person whose	1032
identification is filed is known, shall be alphabetically indexed	1033
by the superintendent.	1034

(B) Division (A) of this section does not apply to a violator	1035
of a city ordinance unless the officers have reason to believe	1036
that the violator is a past offender or the crime is one	1037
constituting a misdemeanor on the first offense and a felony on	1038
subsequent offenses, or unless it is advisable for the purpose of	1039
subsequent identification. This section does not apply to any	1040
child under eighteen years of age who was not arrested or	1041
otherwise taken into custody for committing an act that would be a	1042
felony or an offense of violence if committed by an adult or upon	1043
probable cause to believe that a child of that age may have	1044
committed an act that would be a felony or an offense of violence	1045
if committed by an adult, except as provided in section 2151.313	1046
of the Revised Code.	1047

(C)(1) For purposes of division (C) of this section, a law	1048
enforcement agency shall be considered to have arrested a person	1049
if any law enforcement officer who is employed by, appointed by,	1050
or serves that agency arrests the person. As used in division (C)	1051
of this section:	1052

(a) "Illegal methamphetamine manufacturing laboratory" has	1053
the same meaning as in section 3745.13 of the Revised Code.	1054

(b) "Methamphetamine or a methamphetamine product" means	1055
methamphetamine, any salt, isomer, or salt of an isomer of	1056
methamphetamine, or any compound, mixture, preparation, or	1057
substance containing methamphetamine or any salt, isomer, or salt	1058
of an isomer of methamphetamine.	1059

(2) Each law enforcement agency that, in any calendar year,	1060
arrests any person for a violation of section 2925.04 of the	1061
Revised Code that is based on the manufacture of methamphetamine	1062
or a methamphetamine product, a violation of section 2925.041 of	1063
the Revised Code that is based on the possession of chemicals	1064
sufficient to produce methamphetamine or a methamphetamine	1065
product, or a violation of any other provision of Chapter 2925. or	1066
3719. of the Revised Code that is based on the possession of	1067
chemicals sufficient to produce methamphetamine or a	1068
methamphetamine product shall prepare an annual report covering	1069
the calendar year that contains the information specified in	1070
division (C)(3) of this section relative to all arrests for	1071
violations of those sections committed under those circumstances	1072
during that calendar year and relative to illegal methamphetamine	1073
manufacturing laboratories, dump sites, and chemical caches as	1074
specified in that division and shall send the annual report, not	1075
later than the first day of March in the calendar year following	1076
the calendar year covered by the report, to the bureau of criminal	1077
identification and investigation.	1078

The law enforcement agency shall write any annual report	1079
prepared and filed under this division on the standard forms	1080
furnished by the superintendent of the bureau of criminal	1081
identification and investigation pursuant to division (C)(4) of	1082
this section. The annual report shall be a statistical report, and	1083
nothing in the report or in the information it contains shall	1084
identify, or enable the identification of, any person who was	1085
arrested and whose arrest is included in the information contained	1086
in the report. The annual report in the possession of the bureau	1087
and the information it contains are public records for the purpose	1088
of section 149.43 of the Revised Code.	1089

(3) The annual report prepared and filed by a law enforcement	1090
agency under division (C)(2) of this section shall contain all of	1091
the following information for the calendar year covered by the	1092
report:	1093

(a) The total number of arrests made by the agency in that	1094
calendar year for a violation of section 2925.04 of the Revised	1095
Code that is based on the manufacture of methamphetamine or a	1096
methamphetamine product, a violation of section 2925.041 of the	1097
Revised Code that is based on the possession of chemicals	1098
sufficient to produce methamphetamine or a methamphetamine	1099
product, or a violation of any other provision of Chapter 2925. or	1100
3719. of the Revised Code that is based on the possession of	1101
chemicals sufficient to produce methamphetamine or a	1102
methamphetamine product;	1103

(b) The total number of illegal methamphetamine manufacturing	1104
laboratories at which one or more of the arrests reported under	1105
division (C)(3)(a) of this section occurred, or that were	1106
discovered in that calendar year within the territory served by	1107
the agency but at which none of the arrests reported under	1108
division (C)(3)(a) of this section occurred;	1109

(c) The total number of dump sites and chemical caches that	1110
are, or that are reasonably believed to be, related to illegal	1111
methamphetamine manufacturing and that were discovered in that	1112
calendar year within the territory served by the agency.	1113

(4) The superintendent of the bureau of criminal	1114
identification and investigation shall prepare and furnish to each	1115
law enforcement agency in this state standard forms for making the	1116
annual reports required by division (C)(2) of this section. The	1117
standard forms that the superintendent prepares pursuant to this	1118
division may be in a tangible format, in an electronic format, or	1119
in both a tangible format and an electronic format.	1120

(5) The annual report required by division (C)(2) of this	1121
section is separate from, and in addition to, any report,	1122
materials, or information required under division (A) of this	1123
section or under any other provision of sections 109.57 to 109.62	1124
of the Revised Code.	1125

Sec. 109.99.  (A) Whoever violates section 109.26 of the	1126
Revised Code shall be fined not less than five hundred nor more	1127
than ten thousand dollars or be imprisoned not less than one month	1128
nor more than one year, or both.	1129

(B) Whoever violates division (G)(1) of section 109.573 of	1130
the Revised Code is guilty of unlawful disclosure of DNA database	1131
information, a misdemeanor of the first degree.	1132

(C) Whoever violates division (G)(2) of section 109.573 of	1133
the Revised Code is guilty of unlawful possession of DNA database	1134
information, a misdemeanor of the first degree.	1135

(D)(1) Whoever violates division (E)(2) of section 109.581 of	1136
the Revised Code is guilty of unlawful dissemination or use of	1137
retained applicant fingerprint database information, a misdemeanor	1138
of the fourth degree.	1139

(2) Whoever violates division (E)(3) of section 109.581 of	1140
the Revised Code is guilty of harassment or intimidation using	1141
retained applicant fingerprint database information, as	1142
applicable, a misdemeanor of the first degree.	1143

(E)(1) Whoever violates division (G)(1) of section 109.35 of	1144
the Revised Code is guilty of entering into a transaction	1145
involving a nonprofit health care entity without the approval of	1146
the attorney general, a felony of the third degree.	1147

(2) Whoever violates division (G)(2) of section 109.35 of the	1148
Revised Code is guilty of receiving improper compensation relating	1149
to a transaction involving a nonprofit health care entity, a	1150
felony of the third degree.	1151

Sec. 1901.43.  (A) If a sheriff or chief of police has not	1152
taken, or caused to be taken, a person's or child's fingerprints	1153
in accordance with division (A)(1) of section 109.60 of the	1154
Revised Code with respect to a crime or act set forth in that	1155
division by the time of the arraignment or first appearance of the	1156
person or child with respect to that crime or act, the municipal	1157
court shall order the person or child to appear before the sheriff	1158
or chief of police within twenty-four hours of the arraignment or	1159
first appearance to have the person's or child's fingerprints	1160
taken as provided in division (A)(2) of section 109.60 of the	1161
Revised Code.	1162

(B) If the municipal court has jurisdiction over a case	1163
involving a person or child with respect to whom division (A)(1)	1164
or (2) of section 109.60 of the Revised Code requires a sheriff or	1165
chief of police to take the person's or child's fingerprints, the	1166
municipal court shall inquire at the time of the person's or	1167
child's sentencing or adjudication for the crime or act for which	1168
the fingerprints were required to be taken whether or not the	1169
person or child has been fingerprinted pursuant to division (A)(1)	1170
or (2) of section 109.60 of the Revised Code for the original	1171
arrest or court appearance upon which the sentence or adjudication	1172
is based. If a person or child was not fingerprinted for the	1173
original arrest or court appearance, the municipal court shall	1174
order the person or child to appear before the sheriff or chief of	1175
police within twenty-four hours to have the person's or child's	1176
fingerprints taken as provided in division (A)(3) of section	1177
109.60 of the Revised Code.	1178

Sec. 1907.181.  (A) If a sheriff or chief of police has not	1179
taken, or caused to be taken, a person's or child's fingerprints	1180
in accordance with division (A)(1) of section 109.60 of the	1181
Revised Code with respect to a crime or act set forth in that	1182
division by the time of the arraignment or first appearance of the	1183
person or child with respect to that crime or act, the county	1184
court shall order the person or child to appear before the sheriff	1185
or chief of police within twenty-four hours of the arraignment or	1186
first appearance to have the person's or child's fingerprints	1187
taken as provided in division (A)(2) of section 109.60 of the	1188
Revised Code.	1189

(B) If the county court has jurisdiction over a case	1190
involving a person or child with respect to whom division (A)(1)	1191
or (2) of section 109.60 of the Revised Code requires a sheriff or	1192
chief of police to take the person's or child's fingerprints, the	1193
county court shall inquire at the time of the person's or child's	1194
sentencing or adjudication for the crime or act for which the	1195
fingerprints were required to be taken whether or not the person	1196
or child has been fingerprinted pursuant to division (A)(1) or (2)	1197
of section 109.60 of the Revised Code for the original arrest or	1198
court appearance upon which the sentence or adjudication is based.	1199
If a person or child was not fingerprinted for the original arrest	1200
or court appearance, the county court shall order the person or	1201
child to appear before the sheriff or chief of police within	1202
twenty-four hours to have the person's or child's fingerprints	1203
taken as provided in division (A)(3) of section 109.60 of the	1204
Revised Code.	1205

Sec. 2151.413.  (A) A public children services agency or	1206
private child placing agency that, pursuant to an order of	1207
disposition under division (A)(2) of section 2151.353 of the	1208
Revised Code or under any version of section 2151.353 of the	1209
Revised Code that existed prior to January 1, 1989, is granted	1210
temporary custody of a child who is not abandoned or orphaned may	1211
file a motion in the court that made the disposition of the child	1212
requesting permanent custody of the child.	1213

(B) A public children services agency or private child	1214
placing agency that, pursuant to an order of disposition under	1215
division (A)(2) of section 2151.353 of the Revised Code or under	1216
any version of section 2151.353 of the Revised Code that existed	1217
prior to January 1, 1989, is granted temporary custody of a child	1218
who is orphaned may file a motion in the court that made the	1219
disposition of the child requesting permanent custody of the child	1220
whenever it can show that no relative of the child is able to take	1221
legal custody of the child.	1222

(C) A public children services agency or private child	1223
placing agency that, pursuant to an order of disposition under	1224
division (A)(5) of section 2151.353 of the Revised Code, places a	1225
child in a planned permanent living arrangement may file a motion	1226
in the court that made the disposition of the child requesting	1227
permanent custody of the child.	1228

(D)(1) Except as provided in division (D)(3) of this section,	1229
if a child has been in the temporary custody of one or more public	1230
children services agencies or private child placing agencies for	1231
twelve or more months of a consecutive twenty-two-month period	1232
ending on or after March 18, 1999, the agency with custody shall	1233
file a motion requesting permanent custody of the child. If the	1234
child has been in the temporary custody of one or more public	1235
children services agencies or private child placing agencies and	1236
the child was previously in the temporary custody of an equivalent	1237
agency in another state, the agency with custody of the child	1238
shall apply the time in temporary custody in the other state to	1239
the time in temporary custody in this state and, except as	1240
provided in division (D)(3) of this section, if the time spent in	1241
temporary custody equals twelve or more months of a consecutive	1242
twenty-two-month period, the agency with custody may file a motion	1243
requesting permanent custody of the child. The motion shall be	1244
filed in the court that issued the current order of temporary	1245
custody. For the purposes of this division, a child shall be	1246
considered to have entered the temporary custody of an agency on	1247
the earlier of the date the child is adjudicated pursuant to	1248
section 2151.28 of the Revised Code or the date that is sixty days	1249
after the removal of the child from home.	1250

(2) Except as provided in division (D)(3) of this section, if	1251
a court makes a determination pursuant to division (A)(2) of	1252
section 2151.419 of the Revised Code, the public children services	1253
agency or private child placing agency required to develop the	1254
permanency plan for the child under division (K) of section	1255
2151.417 of the Revised Code shall file a motion in the court that	1256
made the determination requesting permanent custody of the child.	1257

(3) An agency shall not file a motion for permanent custody	1258
under division (D)(1) or (2) of this section if any of the	1259
following apply:	1260

(a) The agency documents in the case plan or permanency plan	1261
a compelling reason that permanent custody is not in the best	1262
interest of the child.	1263

(b) If reasonable efforts to return the child to the child's	1264
home are required under section 2151.419 of the Revised Code, the	1265
agency has not provided the services required by the case plan to	1266
the parents of the child or the child to ensure the safe return of	1267
the child to the child's home.	1268

(c) The agency has been granted permanent custody of the	1269
child.	1270

(d) The child has been returned home pursuant to court order	1271
in accordance with division (A)(3) of section 2151.419 of the	1272
Revised Code.	1273

(E) Any agency that files a motion for permanent custody	1274
under this section shall include in the case plan of the child who	1275
is the subject of the motion, a specific plan of the agency's	1276
actions to seek an adoptive family for the child and to prepare	1277
the child for adoption.	1278

(F) The department of job and family services may adopt rules	1279
pursuant to Chapter 119. of the Revised Code that set forth the	1280
time frames for case reviews and for filing a motion requesting	1281
permanent custody under division (D)(1) of this section.	1282

Sec. 2151.414.  (A)(1) Upon the filing of a motion pursuant	1283
to section 2151.413 of the Revised Code for permanent custody of a	1284
child, the court shall schedule a hearing and give notice of the	1285
filing of the motion and of the hearing, in accordance with	1286
section 2151.29 of the Revised Code, to all parties to the action	1287
and to the child's guardian ad litem. The notice also shall	1288
contain a full explanation that the granting of permanent custody	1289
permanently divests the parents of their parental rights, a full	1290
explanation of their right to be represented by counsel and to	1291
have counsel appointed pursuant to Chapter 120. of the Revised	1292
Code if they are indigent, and the name and telephone number of	1293
the court employee designated by the court pursuant to section	1294
2151.314 of the Revised Code to arrange for the prompt appointment	1295
of counsel for indigent persons.	1296

The court shall conduct a hearing in accordance with section	1297
2151.35 of the Revised Code to determine if it is in the best	1298
interest of the child to permanently terminate parental rights and	1299
grant permanent custody to the agency that filed the motion. The	1300
adjudication that the child is an abused, neglected, or dependent	1301
child and any dispositional order that has been issued in the case	1302
under section 2151.353 of the Revised Code pursuant to the	1303
adjudication shall not be readjudicated at the hearing and shall	1304
not be affected by a denial of the motion for permanent custody.	1305

(2) The court shall hold the hearing scheduled pursuant to	1306
division (A)(1) of this section not later than one hundred twenty	1307
days after the agency files the motion for permanent custody,	1308
except that, for good cause shown, the court may continue the	1309
hearing for a reasonable period of time beyond the	1310
one-hundred-twenty-day deadline. The court shall issue an order	1311
that grants, denies, or otherwise disposes of the motion for	1312
permanent custody, and journalize the order, not later than two	1313
hundred days after the agency files the motion.	1314

If a motion is made under division (D)(2) of section 2151.413	1315
of the Revised Code and no dispositional hearing has been held in	1316
the case, the court may hear the motion in the dispositional	1317
hearing required by division (B) of section 2151.35 of the Revised	1318
Code. If the court issues an order pursuant to section 2151.353 of	1319
the Revised Code granting permanent custody of the child to the	1320
agency, the court shall immediately dismiss the motion made under	1321
division (D)(2) of section 2151.413 of the Revised Code.	1322

The failure of the court to comply with the time periods set	1323
forth in division (A)(2) of this section does not affect the	1324
authority of the court to issue any order under this chapter and	1325
does not provide any basis for attacking the jurisdiction of the	1326
court or the validity of any order of the court.	1327

(B)(1) Except as provided in division (B)(2) of this section,	1328
the court may grant permanent custody of a child to a movant if	1329
the court determines at the hearing held pursuant to division (A)	1330
of this section, by clear and convincing evidence, that it is in	1331
the best interest of the child to grant permanent custody of the	1332
child to the agency that filed the motion for permanent custody	1333
and that any of the following apply:	1334

(a) The child is not abandoned or orphaned or, has not been	1335
in the temporary custody of one or more public children services	1336
agencies or private child placing agencies for twelve or more	1337
months of a consecutive twenty-two-month period ending on or after	1338
March 18, 1999, or has not been in the temporary custody of one or	1339
more public children services agencies or private child placing	1340
agencies for twelve or more months of a consecutive	1341
twenty-two-month period if, as described in division (D)(1) of	1342
section 2151.413 of the Revised Code, the child was previously in	1343
the temporary custody of an equivalent agency in another state,	1344
and the child cannot be placed with either of the child's parents	1345
within a reasonable time or should not be placed with the child's	1346
parents.	1347

(b) The child is abandoned.

1348

(c) The child is orphaned, and there are no relatives of the	1349
child who are able to take permanent custody.	1350

(d) The child has been in the temporary custody of one or	1351
more public children services agencies or private child placing	1352
agencies for twelve or more months of a consecutive	1353
twenty-two-month period ending on or after March 18, 1999, or the	1354
child has been in the temporary custody of one or more public	1355
children services agencies or private child placing agencies for	1356
twelve or more months of a consecutive twenty-two-month period	1357
and, as described in division (D)(1) of section 2151.413 of the	1358
Revised Code, the child was previously in the temporary custody of	1359
an equivalent agency in another state.	1360

For the purposes of division (B)(1) of this section, a child	1361
shall be considered to have entered the temporary custody of an	1362
agency on the earlier of the date the child is adjudicated	1363
pursuant to section 2151.28 of the Revised Code or the date that	1364
is sixty days after the removal of the child from home.	1365

(2) With respect to a motion made pursuant to division (D)(2)	1366
of section 2151.413 of the Revised Code, the court shall grant	1367
permanent custody of the child to the movant if the court	1368
determines in accordance with division (E) of this section that	1369
the child cannot be placed with one of the child's parents within	1370
a reasonable time or should not be placed with either parent and	1371
determines in accordance with division (D) of this section that	1372
permanent custody is in the child's best interest.	1373

(C) In making the determinations required by this section or	1374
division (A)(4) of section 2151.353 of the Revised Code, a court	1375
shall not consider the effect the granting of permanent custody to	1376
the agency would have upon any parent of the child. A written	1377
report of the guardian ad litem of the child shall be submitted to	1378
the court prior to or at the time of the hearing held pursuant to	1379
division (A) of this section or section 2151.35 of the Revised	1380
Code but shall not be submitted under oath.	1381

If the court grants permanent custody of a child to a movant	1382
under this division, the court, upon the request of any party,	1383
shall file a written opinion setting forth its findings of fact	1384
and conclusions of law in relation to the proceeding. The court	1385
shall not deny an agency's motion for permanent custody solely	1386
because the agency failed to implement any particular aspect of	1387
the child's case plan.	1388

(D) In determining the best interest of a child at a hearing	1389
held pursuant to division (A) of this section or for the purposes	1390
of division (A)(4) or (5) of section 2151.353 or division (C) of	1391
section 2151.415 of the Revised Code, the court shall consider all	1392
relevant factors, including, but not limited to, the following:	1393

(1) The interaction and interrelationship of the child with	1394
the child's parents, siblings, relatives, foster caregivers and	1395
out-of-home providers, and any other person who may significantly	1396
affect the child;	1397

(2) The wishes of the child, as expressed directly by the	1398
child or through the child's guardian ad litem, with due regard	1399
for the maturity of the child;	1400

(3) The custodial history of the child, including whether the	1401
child has been in the temporary custody of one or more public	1402
children services agencies or private child placing agencies for	1403
twelve or more months of a consecutive twenty-two-month period	1404
ending on or after March 18, 1999, or the child has been in the	1405
temporary custody of one or more public children services agencies	1406
or private child placing agencies for twelve or more months of a	1407
consecutive twenty-two-month period and, as described in division	1408
(D)(1) of section 2151.413 of the Revised Code, the child was	1409
previously in the temporary custody of an equivalent agency in	1410
another state;	1411

(4) The child's need for a legally secure permanent placement	1412
and whether that type of placement can be achieved without a grant	1413
of permanent custody to the agency;	1414

(5) Whether any of the factors in divisions (E)(7) to (11) of	1415
this section apply in relation to the parents and child.	1416

For the purposes of this division, a child shall be	1417
considered to have entered the temporary custody of an agency on	1418
the earlier of the date the child is adjudicated pursuant to	1419
section 2151.28 of the Revised Code or the date that is sixty days	1420
after the removal of the child from home.	1421

(E) In determining at a hearing held pursuant to division (A)	1422
of this section or for the purposes of division (A)(4) of section	1423
2151.353 of the Revised Code whether a child cannot be placed with	1424
either parent within a reasonable period of time or should not be	1425
placed with the parents, the court shall consider all relevant	1426
evidence. If the court determines, by clear and convincing	1427
evidence, at a hearing held pursuant to division (A) of this	1428
section or for the purposes of division (A)(4) of section 2151.353	1429
of the Revised Code that one or more of the following exist as to	1430
each of the child's parents, the court shall enter a finding that	1431
the child cannot be placed with either parent within a reasonable	1432
time or should not be placed with either parent:	1433

(1) Following the placement of the child outside the child's	1434
home and notwithstanding reasonable case planning and diligent	1435
efforts by the agency to assist the parents to remedy the problems	1436
that initially caused the child to be placed outside the home, the	1437
parent has failed continuously and repeatedly to substantially	1438
remedy the conditions causing the child to be placed outside the	1439
child's home. In determining whether the parents have	1440
substantially remedied those conditions, the court shall consider	1441
parental utilization of medical, psychiatric, psychological, and	1442
other social and rehabilitative services and material resources	1443
that were made available to the parents for the purpose of	1444
changing parental conduct to allow them to resume and maintain	1445
parental duties.	1446

(2) Chronic mental illness, chronic emotional illness, mental	1447
retardation, physical disability, or chemical dependency of the	1448
parent that is so severe that it makes the parent unable to	1449
provide an adequate permanent home for the child at the present	1450
time and, as anticipated, within one year after the court holds	1451
the hearing pursuant to division (A) of this section or for the	1452
purposes of division (A)(4) of section 2151.353 of the Revised	1453
Code;	1454

(3) The parent committed any abuse as described in section	1455
2151.031 of the Revised Code against the child, caused the child	1456
to suffer any neglect as described in section 2151.03 of the	1457
Revised Code, or allowed the child to suffer any neglect as	1458
described in section 2151.03 of the Revised Code between the date	1459
that the original complaint alleging abuse or neglect was filed	1460
and the date of the filing of the motion for permanent custody;	1461

(4) The parent has demonstrated a lack of commitment toward	1462
the child by failing to regularly support, visit, or communicate	1463
with the child when able to do so, or by other actions showing an	1464
unwillingness to provide an adequate permanent home for the child;	1465

(5) The parent is incarcerated for an offense committed	1466
against the child or a sibling of the child;	1467

(6) The parent has been convicted of or pleaded guilty to an	1468
offense under division (A) or (C) of section 2919.22 or under	1469
section 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.03,	1470
2905.04, 2905.05, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	1471
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	1472
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.24,	1473
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, or 3716.11 of the	1474
Revised Code and the child or a sibling of the child was a victim	1475
of the offense or the parent has been convicted of or pleaded	1476
guilty to an offense under section 2903.04 of the Revised Code, a	1477
sibling of the child was the victim of the offense, and the parent	1478
who committed the offense poses an ongoing danger to the child or	1479
a sibling of the child.	1480

(7) The parent has been convicted of or pleaded guilty to one	1481
of the following:	1482

(a) An offense under section 2903.01, 2903.02, or 2903.03 of	1483
the Revised Code or under an existing or former law of this state,	1484
any other state, or the United States that is substantially	1485
equivalent to an offense described in those sections and the	1486
victim of the offense was a sibling of the child or the victim was	1487
another child who lived in the parent's household at the time of	1488
the offense;	1489

(b) An offense under section 2903.11, 2903.12, or 2903.13 of	1490
the Revised Code or under an existing or former law of this state,	1491
any other state, or the United States that is substantially	1492
equivalent to an offense described in those sections and the	1493
victim of the offense is the child, a sibling of the child, or	1494
another child who lived in the parent's household at the time of	1495
the offense;	1496

(c) An offense under division (B)(2) of section 2919.22 of	1497
the Revised Code or under an existing or former law of this state,	1498
any other state, or the United States that is substantially	1499
equivalent to the offense described in that section and the child,	1500
a sibling of the child, or another child who lived in the parent's	1501
household at the time of the offense is the victim of the offense;	1502

(d) An offense under section 2907.02, 2907.03, 2907.04,	1503
2907.05, or 2907.06 of the Revised Code or under an existing or	1504
former law of this state, any other state, or the United States	1505
that is substantially equivalent to an offense described in those	1506
sections and the victim of the offense is the child, a sibling of	1507
the child, or another child who lived in the parent's household at	1508
the time of the offense;	1509

(e) A conspiracy or attempt to commit, or complicity in	1510
committing, an offense described in division (E)(7)(a) or (d) of	1511
this section.	1512

(8) The parent has repeatedly withheld medical treatment or	1513
food from the child when the parent has the means to provide the	1514
treatment or food, and, in the case of withheld medical treatment,	1515
the parent withheld it for a purpose other than to treat the	1516
physical or mental illness or defect of the child by spiritual	1517
means through prayer alone in accordance with the tenets of a	1518
recognized religious body.	1519

(9) The parent has placed the child at substantial risk of	1520
harm two or more times due to alcohol or drug abuse and has	1521
rejected treatment two or more times or refused to participate in	1522
further treatment two or more times after a case plan issued	1523
pursuant to section 2151.412 of the Revised Code requiring	1524
treatment of the parent was journalized as part of a dispositional	1525
order issued with respect to the child or an order was issued by	1526
any other court requiring treatment of the parent.	1527

(10) The parent has abandoned the child.

1528

(11) The parent has had parental rights involuntarily	1529
terminated pursuant to this section or section 2151.353 or	1530
2151.415 of the Revised Code with respect to a sibling of the	1531
child pursuant to this section or section 2151.353 or 2151.415 of	1532
the Revised Code or under an existing or former law of this state,	1533
any other state, or the United States that is substantially	1534
equivalent to those sections.	1535

(12) The parent is incarcerated at the time of the filing of	1536
the motion for permanent custody or the dispositional hearing of	1537
the child and will not be available to care for the child for at	1538
least eighteen months after the filing of the motion for permanent	1539
custody or the dispositional hearing.	1540

(13) The parent is repeatedly incarcerated, and the repeated	1541
incarceration prevents the parent from providing care for the	1542
child.	1543

(14) The parent for any reason is unwilling to provide food,	1544
clothing, shelter, and other basic necessities for the child or to	1545
prevent the child from suffering physical, emotional, or sexual	1546
abuse or physical, emotional, or mental neglect.	1547

(15) The parent has committed abuse as described in section	1548
2151.031 of the Revised Code against the child or caused or	1549
allowed the child to suffer neglect as described in section	1550
2151.03 of the Revised Code, and the court determines that the	1551
seriousness, nature, or likelihood of recurrence of the abuse or	1552
neglect makes the child's placement with the child's parent a	1553
threat to the child's safety.	1554

(16) Any other factor the court considers relevant.

1555

(F) The parents of a child for whom the court has issued an	1556
order granting permanent custody pursuant to this section, upon	1557
the issuance of the order, cease to be parties to the action. This	1558
division is not intended to eliminate or restrict any right of the	1559
parents to appeal the granting of permanent custody of their child	1560
to a movant pursuant to this section.	1561

Sec. 2151.417.  (A) Any court that issues a dispositional	1562
order pursuant to section 2151.353, 2151.414, or 2151.415 of the	1563
Revised Code may review at any time the child's placement or	1564
custody arrangement, the case plan prepared for the child pursuant	1565
to section 2151.412 of the Revised Code, the actions of the public	1566
children services agency or private child placing agency in	1567
implementing that case plan, the child's permanency plan, if the	1568
child's permanency plan has been approved, and any other aspects	1569
of the child's placement or custody arrangement. In conducting the	1570
review, the court shall determine the appropriateness of any	1571
agency actions, the safety and appropriateness of continuing the	1572
child's placement or custody arrangement, and whether any changes	1573
should be made with respect to the child's permanency plan or	1574
placement or custody arrangement or with respect to the actions of	1575
the agency under the child's placement or custody arrangement.	1576
Based upon the evidence presented at a hearing held after notice	1577
to all parties and the guardian ad litem of the child, the court	1578
may require the agency, the parents, guardian, or custodian of the	1579
child, and the physical custodians of the child to take any	1580
reasonable action that the court determines is necessary and in	1581
the best interest of the child or to discontinue any action that	1582
it determines is not in the best interest of the child.	1583

(B) If a court issues a dispositional order pursuant to	1584
section 2151.353, 2151.414, or 2151.415 of the Revised Code, the	1585
court has continuing jurisdiction over the child as set forth in	1586
division (E)(1) of section 2151.353 of the Revised Code. The court	1587
may amend a dispositional order in accordance with division (E)(2)	1588
of section 2151.353 of the Revised Code at any time upon its own	1589
motion or upon the motion of any interested party. The court shall	1590
comply with section 2151.42 of the Revised Code in amending any	1591
dispositional order pursuant to this division.	1592

(C) Any court that issues a dispositional order pursuant to	1593
section 2151.353, 2151.414, or 2151.415 of the Revised Code shall	1594
hold a review hearing one year after the earlier of the date on	1595
which the complaint in the case was filed or the child was first	1596
placed into shelter care to review the case plan prepared pursuant	1597
to section 2151.412 of the Revised Code and the child's placement	1598
or custody arrangement, to approve or review the permanency plan	1599
for the child, and to make changes to the case plan and placement	1600
or custody arrangement consistent with the permanency plan. The	1601
court shall schedule the review hearing at the time that it holds	1602
the dispositional hearing pursuant to section 2151.35 of the	1603
Revised Code.	1604

The court shall hold a similar review hearing no later than	1605
every twelve months after the initial review hearing until the	1606
child is adopted, returned to the parents, or the court otherwise	1607
terminates the child's placement or custody arrangement, except	1608
that the dispositional hearing held pursuant to section 2151.415	1609
of the Revised Code shall take the place of the first review	1610
hearing to be held under this section. The court shall schedule	1611
each subsequent review hearing at the conclusion of the review	1612
hearing immediately preceding the review hearing to be scheduled.	1613

(D) If, within fourteen days after a written summary of an	1614
administrative review is filed with the court pursuant to section	1615
2151.416 of the Revised Code, the court does not approve the	1616
proposed change to the case plan filed pursuant to division (E) of	1617
section 2151.416 of the Revised Code or a party or the guardian ad	1618
litem requests a review hearing pursuant to division (E) of that	1619
section, the court shall hold a review hearing in the same manner	1620
that it holds review hearings pursuant to division (C) of this	1621
section, except that if a review hearing is required by this	1622
division and if a hearing is to be held pursuant to division (C)	1623
of this section or section 2151.415 of the Revised Code, the	1624
hearing held pursuant to division (C) of this section or section	1625
2151.415 of the Revised Code shall take the place of the review	1626
hearing required by this division.	1627

(E) If a court determines pursuant to section 2151.419 of the	1628
Revised Code that a public children services agency or private	1629
child placing agency is not required to make reasonable efforts to	1630
prevent the removal of a child from the child's home, eliminate	1631
the continued removal of a child from the child's home, and return	1632
the child to the child's home, and the court does not return the	1633
child to the child's home pursuant to division (A)(3) of section	1634
2151.419 of the Revised Code, the court shall hold a review	1635
hearing to approve the permanency plan for the child and, if	1636
appropriate, to make changes to the child's case plan and the	1637
child's placement or custody arrangement consistent with the	1638
permanency plan. The court may hold the hearing immediately	1639
following the determination under section 2151.419 of the Revised	1640
Code and shall hold it no later than thirty days after making that	1641
determination.	1642

(F) The court shall give notice of the review hearings held	1643
pursuant to this section to every interested party, including, but	1644
not limited to, the appropriate agency employees who are	1645
responsible for the child's care and planning, the child's	1646
parents, any person who had guardianship or legal custody of the	1647
child prior to the custody order, the child's guardian ad litem,	1648
and the child. The court shall summon every interested party to	1649
appear at the review hearing and give them an opportunity to	1650
testify and to present other evidence with respect to the child's	1651
custody arrangement, including, but not limited to, the following:	1652
the case plan for the child, the permanency plan, if one exists;	1653
the actions taken by the child's custodian; the need for a change	1654
in the child's custodian or caseworker; and the need for any	1655
specific action to be taken with respect to the child. The court	1656
shall require any interested party to testify or present other	1657
evidence when necessary to a proper determination of the issues	1658
presented at the review hearing. In any review hearing that	1659
pertains to a permanency plan for a child who will not be returned	1660
to the parent, the court shall consider in-state and out-of-state	1661
placement options and the court shall determine whether the	1662
in-state or the out-of-state placement continues to be appropriate	1663
and in the best interests of the child. In any review hearing that	1664
pertains to a permanency plan for a child, the court or a citizens	1665
board appointed by the court pursuant to division (H) of this	1666
section shall consult with the child, in an age-appropriate	1667
manner, regarding the proposed permanency plan for the child.	1668

(G) After the review hearing, the court shall take the	1669
following actions based upon the evidence presented:	1670

(1) If an administrative review has been conducted, determine	1671
whether the conclusions of the review are supported by a	1672
preponderance of the evidence and approve or modify the case plan	1673
based upon that evidence;	1674

(2) If the hearing was held under division (C) or (E) of this	1675
section, approve a permanency plan for the child that specifies	1676
whether and, if applicable, when the child will be safely returned	1677
home or placed for adoption, for legal custody, or in a planned	1678
permanent living arrangement. A permanency plan approved after a	1679
hearing under division (E) of this section shall not include any	1680
provision requiring the child to be returned to the child's home.	1681

(3) If the child is in temporary custody, do all of the	1682
following:	1683

(a) Determine whether the child can and should be returned	1684
home with or without an order for protective supervision;	1685

(b) If the child can and should be returned home with or	1686
without an order for protective supervision, terminate the order	1687
for temporary custody;	1688

(c) If the child cannot or should not be returned home with	1689
an order for protective supervision, determine whether the agency	1690
currently with custody of the child should retain custody or	1691
whether another public children services agency, private child	1692
placing agency, or an individual should be given custody of the	1693
child.	1694

The court shall comply with section 2151.42 of the Revised	1695
Code in taking any action under this division.	1696

(4) If the child is in permanent custody, determine what	1697
actions are required by the custodial agency and of any other	1698
organizations or persons in order to facilitate an adoption of the	1699
child and make any appropriate orders with respect to the custody	1700
arrangement or conditions of the child, including, but not limited	1701
to, a transfer of permanent custody to another public children	1702
services agency or private child placing agency;	1703

(5) Journalize the terms of the updated case plan for the	1704
child.	1705

(H) The court may appoint a referee or a citizens review	1706
board to conduct the review hearings that the court is required by	1707
this section to conduct, subject to the review and approval by the	1708
court of any determinations made by the referee or citizens review	1709
board. If the court appoints a citizens review board to conduct	1710
the review hearings, the board shall consist of one member	1711
representing the general public and four members who are trained	1712
or experienced in the care or placement of children and have	1713
training or experience in the fields of medicine, psychology,	1714
social work, education, or any related field. Of the initial	1715
appointments to the board, two shall be for a term of one year,	1716
two shall be for a term of two years, and one shall be for a term	1717
of three years, with all the terms ending one year after the date	1718
on which the appointment was made. Thereafter, all terms of the	1719
board members shall be for three years and shall end on the same	1720
day of the same month of the year as did the term that they	1721
succeed. Any member appointed to fill a vacancy occurring prior to	1722
the expiration of the term for which the member's predecessor was	1723
appointed shall hold office for the remainder of the term.	1724

(I) A copy of the court's determination following any review	1725
hearing held pursuant to this section shall be sent to the	1726
custodial agency, the guardian ad litem of the child who is the	1727
subject of the review hearing, and, if that child is not the	1728
subject of a permanent commitment hearing, the parents of the	1729
child.	1730

(J) If the hearing held under this section takes the place of	1731
an administrative review that otherwise would have been held under	1732
section 2151.416 of the Revised Code, the court at the hearing	1733
held under this section shall do all of the following in addition	1734
to any other requirements of this section:	1735

(1) Determine the continued necessity for and the safety and	1736
appropriateness of the child's placement;	1737

(2) Determine the extent of compliance with the child's case	1738
plan;	1739

(3) Determine the extent of progress that has been made	1740
toward alleviating or mitigating the causes necessitating the	1741
child's placement in foster care;	1742

(4) Project a likely date by which the child may be safely	1743
returned home or placed for adoption or legal custody.	1744

(K)(1) Whenever the court is required to approve a permanency	1745
plan under this section or section 2151.415 of the Revised Code,	1746
the public children services agency or private child placing	1747
agency that filed the complaint in the case, has custody of the	1748
child, or will be given custody of the child shall develop a	1749
permanency plan for the child. The agency must file the plan with	1750
the court prior to the hearing under this section or section	1751
2151.415 of the Revised Code.	1752

(2) The permanency plan developed by the agency must specify	1753
whether and, if applicable, when the child will be safely returned	1754
home or placed for adoption or legal custody. If the agency	1755
determines that there is a compelling reason why returning the	1756
child home or placing the child for adoption or legal custody is	1757
not in the best interest of the child, the plan shall provide that	1758
the child will be placed in a planned permanent living	1759
arrangement. A permanency plan developed as a result of a	1760
determination made under division (A)(2) of section 2151.419 of	1761
the Revised Code may not include any provision requiring the child	1762
to be returned home.	1763

Sec. 2151.419.  (A)(1) Except as provided in division (A)(2)	1764
of this section, at any hearing held pursuant to section 2151.28,	1765
division (E) of section 2151.31, or section 2151.314, 2151.33, or	1766
2151.353 of the Revised Code at which the court removes a child	1767
from the child's home or continues the removal of a child from the	1768
child's home, the court shall determine whether the public	1769
children services agency or private child placing agency that	1770
filed the complaint in the case, removed the child from home, has	1771
custody of the child, or will be given custody of the child has	1772
made reasonable efforts to prevent the removal of the child from	1773
the child's home, to eliminate the continued removal of the child	1774
from the child's home, or to make it possible for the child to	1775
return safely home. The agency shall have the burden of proving	1776
that it has made those reasonable efforts. If the agency removed	1777
the child from home during an emergency in which the child could	1778
not safely remain at home and the agency did not have prior	1779
contact with the child, the court is not prohibited, solely	1780
because the agency did not make reasonable efforts during the	1781
emergency to prevent the removal of the child, from determining	1782
that the agency made those reasonable efforts. In determining	1783
whether reasonable efforts were made, the child's health and	1784
safety shall be paramount.	1785

(2) If any of the following apply, the court shall make a	1786
determination that the agency is not required to make reasonable	1787
efforts to prevent the removal of the child from the child's home,	1788
eliminate the continued removal of the child from the child's	1789
home, and return the child to the child's home:	1790

(a) The parent from whom the child was removed has been	1791
convicted of or pleaded guilty to one of the following:	1792

(i) An offense under section 2903.01, 2903.02, or 2903.03 of	1793
the Revised Code or under an existing or former law of this state,	1794
any other state, or the United States that is substantially	1795
equivalent to an offense described in those sections and the	1796
victim of the offense was a sibling of the child or the victim was	1797
another child who lived in the parent's household at the time of	1798
the offense;	1799

(ii) An offense under section 2903.11, 2903.12, or 2903.13 of	1800
the Revised Code or under an existing or former law of this state,	1801
any other state, or the United States that is substantially	1802
equivalent to an offense described in those sections and the	1803
victim of the offense is the child, a sibling of the child, or	1804
another child who lived in the parent's household at the time of	1805
the offense;	1806

(iii) An offense under division (B)(2) of section 2919.22 of	1807
the Revised Code or under an existing or former law of this state,	1808
any other state, or the United States that is substantially	1809
equivalent to the offense described in that section and the child,	1810
a sibling of the child, or another child who lived in the parent's	1811
household at the time of the offense is the victim of the offense;	1812

(iv) An offense under section 2907.02, 2907.03, 2907.04,	1813
2907.05, or 2907.06 of the Revised Code or under an existing or	1814
former law of this state, any other state, or the United States	1815
that is substantially equivalent to an offense described in those	1816
sections and the victim of the offense is the child, a sibling of	1817
the child, or another child who lived in the parent's household at	1818
the time of the offense;	1819

(v) A conspiracy or attempt to commit, or complicity in	1820
committing, an offense described in division (A)(2)(a)(i) or (iv)	1821
of this section.	1822

(b) The parent from whom the child was removed has repeatedly	1823
withheld medical treatment or food from the child when the parent	1824
has the means to provide the treatment or food. If the parent has	1825
withheld medical treatment in order to treat the physical or	1826
mental illness or defect of the child by spiritual means through	1827
prayer alone, in accordance with the tenets of a recognized	1828
religious body, the court or agency shall comply with the	1829
requirements of division (A)(1) of this section.	1830

(c) The parent from whom the child was removed has placed the	1831
child at substantial risk of harm two or more times due to alcohol	1832
or drug abuse and has rejected treatment two or more times or	1833
refused to participate in further treatment two or more times	1834
after a case plan issued pursuant to section 2151.412 of the	1835
Revised Code requiring treatment of the parent was journalized as	1836
part of a dispositional order issued with respect to the child or	1837
an order was issued by any other court requiring such treatment of	1838
the parent.	1839

(d) The parent from whom the child was removed has abandoned	1840
the child.	1841

(e) The parent from whom the child was removed has had	1842
parental rights involuntarily terminated pursuant to section	1843
2151.353, 2151.414, or 2151.415 of the Revised Code with respect	1844
to a sibling of the child pursuant to section 2151.353, 2151.414,	1845
or 2151.415 of the Revised Code or under an existing or former law	1846
of this state, any other state, or the United States that is	1847
substantially equivalent to those sections.	1848

(3) At any hearing in which the court determines whether to	1849
return a child to the child's home, the court may issue an order	1850
that returns the child in situations in which the conditions	1851
described in divisions (A)(2)(a) to (e) of this section are	1852
present.	1853

(B)(1) A court that is required to make a determination as	1854
described in division (A)(1) or (2) of this section shall issue	1855
written findings of fact setting forth the reasons supporting its	1856
determination. If the court makes a written determination under	1857
division (A)(1) of this section, it shall briefly describe in the	1858
findings of fact the relevant services provided by the agency to	1859
the family of the child and why those services did not prevent the	1860
removal of the child from the child's home or enable the child to	1861
return safely home.	1862

(2) If a court issues an order that returns the child to the	1863
child's home in situations in which division (A)(2)(a), (b), (c),	1864
(d), or (e) of this section applies, the court shall issue written	1865
findings of fact setting forth the reasons supporting its	1866
determination.	1867

(C) If the court makes a determination pursuant to division	1868
(A)(2) of this section, the court shall conduct a review hearing	1869
pursuant to section 2151.417 of the Revised Code to approve a	1870
permanency plan with respect to the child, unless the court issues	1871
an order returning the child home pursuant to division (A)(3) of	1872
this section. The hearing to approve the permanency plan may be	1873
held immediately following the court's determination pursuant to	1874
division (A)(2) of this section and shall be held no later than	1875
thirty days following that determination.	1876

Sec. 2151.421.  (A)(1)(a) No person described in division	1877
(A)(1)(b) of this section who is acting in an official or	1878
professional capacity and knows, or has reasonable cause to	1879
suspect based on facts that would cause a reasonable person in a	1880
similar position to suspect, that a child under eighteen years of	1881
age or a mentally retarded, developmentally disabled, or	1882
physically impaired child under twenty-one years of age has	1883
suffered or faces a threat of suffering any physical or mental	1884
wound, injury, disability, or condition of a nature that	1885
reasonably indicates abuse or neglect of the child shall fail to	1886
immediately report that knowledge or reasonable cause to suspect	1887
to the entity or persons specified in this division. Except as	1888
provided in section 5120.173 of the Revised Code, the person	1889
making the report shall make it to the public children services	1890
agency or a municipal or county peace officer in the county in	1891
which the child resides or in which the abuse or neglect is	1892
occurring or has occurred. In the circumstances described in	1893
section 5120.173 of the Revised Code, the person making the report	1894
shall make it to the entity specified in that section.	1895

(b) Division (A)(1)(a) of this section applies to any person	1896
who is an attorney; physician, including a hospital intern or	1897
resident; dentist; podiatrist; practitioner of a limited branch of	1898
medicine as specified in section 4731.15 of the Revised Code;	1899
registered nurse; licensed practical nurse; visiting nurse; other	1900
health care professional; licensed psychologist; licensed school	1901
psychologist; independent marriage and family therapist or	1902
marriage and family therapist; speech pathologist or audiologist;	1903
coroner; administrator or employee of a child day-care center;	1904
administrator or employee of a residential camp or child day camp;	1905
administrator or employee of a certified child care agency or	1906
other public or private children services agency; school teacher;	1907
school employee; school authority; person engaged in social work	1908
or the practice of professional counseling; agent of a county	1909
humane society; person, other than a cleric, rendering spiritual	1910
treatment through prayer in accordance with the tenets of a	1911
well-recognized religion; employee of a county department of job	1912
and family services who is a professional and who works with	1913
children and families; superintendent, board member, or employee	1914
of a county board of mental retardation; investigative agent	1915
contracted with by a county board of mental retardation; employee	1916
of the department of mental retardation and developmental	1917
disabilities; employee of a facility or home that provides respite	1918
care in accordance with section 5123.171 of the Revised Code;	1919
employee of a home health agency; employee of an entity that	1920
provides homemaker services; a person performing the duties of an	1921
assessor pursuant to Chapter 3107. or 5103. of the Revised Code;	1922
or third party employed by a public children services agency to	1923
assist in providing child or family related services.	1924

(2) Except as provided in division (A)(3) of this section, an	1925
attorney or a physician is not required to make a report pursuant	1926
to division (A)(1) of this section concerning any communication	1927
the attorney or physician receives from a client or patient in an	1928
attorney-client or physician-patient relationship, if, in	1929
accordance with division (A) or (B) of section 2317.02 of the	1930
Revised Code, the attorney or physician could not testify with	1931
respect to that communication in a civil or criminal proceeding.	1932

(3) The client or patient in an attorney-client or	1933
physician-patient relationship described in division (A)(2) of	1934
this section is deemed to have waived any testimonial privilege	1935
under division (A) or (B) of section 2317.02 of the Revised Code	1936
with respect to any communication the attorney or physician	1937
receives from the client or patient in that attorney-client or	1938
physician-patient relationship, and the attorney or physician	1939
shall make a report pursuant to division (A)(1) of this section	1940
with respect to that communication, if all of the following apply:	1941

(a) The client or patient, at the time of the communication,	1942
is either a child under eighteen years of age or a mentally	1943
retarded, developmentally disabled, or physically impaired person	1944
under twenty-one years of age.	1945

(b) The attorney or physician knows, or has reasonable cause	1946
to suspect based on facts that would cause a reasonable person in	1947
similar position to suspect, as a result of the communication or	1948
any observations made during that communication, that the client	1949
or patient has suffered or faces a threat of suffering any	1950
physical or mental wound, injury, disability, or condition of a	1951
nature that reasonably indicates abuse or neglect of the client or	1952
patient.	1953

(c) The abuse or neglect does not arise out of the client's	1954
or patient's attempt to have an abortion without the notification	1955
of her parents, guardian, or custodian in accordance with section	1956
2151.85 of the Revised Code.	1957

(4)(a) No cleric and no person, other than a volunteer,	1958
designated by any church, religious society, or faith acting as a	1959
leader, official, or delegate on behalf of the church, religious	1960
society, or faith who is acting in an official or professional	1961
capacity, who knows, or has reasonable cause to believe based on	1962
facts that would cause a reasonable person in a similar position	1963
to believe, that a child under eighteen years of age or a mentally	1964
retarded, developmentally disabled, or physically impaired child	1965
under twenty-one years of age has suffered or faces a threat of	1966
suffering any physical or mental wound, injury, disability, or	1967
condition of a nature that reasonably indicates abuse or neglect	1968
of the child, and who knows, or has reasonable cause to believe	1969
based on facts that would cause a reasonable person in a similar	1970
position to believe, that another cleric or another person, other	1971
than a volunteer, designated by a church, religious society, or	1972
faith acting as a leader, official, or delegate on behalf of the	1973
church, religious society, or faith caused, or poses the threat of	1974
causing, the wound, injury, disability, or condition that	1975
reasonably indicates abuse or neglect shall fail to immediately	1976
report that knowledge or reasonable cause to believe to the entity	1977
or persons specified in this division. Except as provided in	1978
section 5120.173 of the Revised Code, the person making the report	1979
shall make it to the public children services agency or a	1980
municipal or county peace officer in the county in which the child	1981
resides or in which the abuse or neglect is occurring or has	1982
occurred. In the circumstances described in section 5120.173 of	1983
the Revised Code, the person making the report shall make it to	1984
the entity specified in that section.	1985

(b) Except as provided in division (A)(4)(c) of this section,	1986
a cleric is not required to make a report pursuant to division	1987
(A)(4)(a) of this section concerning any communication the cleric	1988
receives from a penitent in a cleric-penitent relationship, if, in	1989
accordance with division (C) of section 2317.02 of the Revised	1990
Code, the cleric could not testify with respect to that	1991
communication in a civil or criminal proceeding.	1992

(c) The penitent in a cleric-penitent relationship described	1993
in division (A)(4)(b) of this section is deemed to have waived any	1994
testimonial privilege under division (C) of section 2317.02 of the	1995
Revised Code with respect to any communication the cleric receives	1996
from the penitent in that cleric-penitent relationship, and the	1997
cleric shall make a report pursuant to division (A)(4)(a) of this	1998
section with respect to that communication, if all of the	1999
following apply:	2000

(i) The penitent, at the time of the communication, is either	2001
a child under eighteen years of age or a mentally retarded,	2002
developmentally disabled, or physically impaired person under	2003
twenty-one years of age.	2004

(ii) The cleric knows, or has reasonable cause to believe	2005
based on facts that would cause a reasonable person in a similar	2006
position to believe, as a result of the communication or any	2007
observations made during that communication, the penitent has	2008
suffered or faces a threat of suffering any physical or mental	2009
wound, injury, disability, or condition of a nature that	2010
reasonably indicates abuse or neglect of the penitent.	2011

(iii) The abuse or neglect does not arise out of the	2012
penitent's attempt to have an abortion performed upon a child	2013
under eighteen years of age or upon a mentally retarded,	2014
developmentally disabled, or physically impaired person under	2015
twenty-one years of age without the notification of her parents,	2016
guardian, or custodian in accordance with section 2151.85 of the	2017
Revised Code.	2018

(d) Divisions (A)(4)(a) and (c) of this section do not apply	2019
in a cleric-penitent relationship when the disclosure of any	2020
communication the cleric receives from the penitent is in	2021
violation of the sacred trust.	2022

(e) As used in divisions (A)(1) and (4) of this section,	2023
"cleric" and "sacred trust" have the same meanings as in section	2024
2317.02 of the Revised Code.	2025

(B) Anyone who knows, or has reasonable cause to suspect	2026
based on facts that would cause a reasonable person in similar	2027
circumstances to suspect, that a child under eighteen years of age	2028
or a mentally retarded, developmentally disabled, or physically	2029
impaired person under twenty-one years of age has suffered or	2030
faces a threat of suffering any physical or mental wound, injury,	2031
disability, or other condition of a nature that reasonably	2032
indicates abuse or neglect of the child may report or cause	2033
reports to be made of that knowledge or reasonable cause to	2034
suspect to the entity or persons specified in this division.	2035
Except as provided in section 5120.173 of the Revised Code, a	2036
person making a report or causing a report to be made under this	2037
division shall make it or cause it to be made to the public	2038
children services agency or to a municipal or county peace	2039
officer. In the circumstances described in section 5120.173 of the	2040
Revised Code, a person making a report or causing a report to be	2041
made under this division shall make it or cause it to be made to	2042
the entity specified in that section.	2043

(C) Any report made pursuant to division (A) or (B) of this	2044
section shall be made forthwith either by telephone or in person	2045
and shall be followed by a written report, if requested by the	2046
receiving agency or officer. The written report shall contain:	2047

(1) The names and addresses of the child and the child's	2048
parents or the person or persons having custody of the child, if	2049
known;	2050

(2) The child's age and the nature and extent of the child's	2051
injuries, abuse, or neglect that is known or reasonably suspected	2052
or believed, as applicable, to have occurred or of the threat of	2053
injury, abuse, or neglect that is known or reasonably suspected or	2054
believed, as applicable, to exist, including any evidence of	2055
previous injuries, abuse, or neglect;	2056

(3) Any other information that might be helpful in	2057
establishing the cause of the injury, abuse, or neglect that is	2058
known or reasonably suspected or believed, as applicable, to have	2059
occurred or of the threat of injury, abuse, or neglect that is	2060
known or reasonably suspected or believed, as applicable, to	2061
exist.	2062

Any person, who is required by division (A) of this section	2063
to report child abuse or child neglect that is known or reasonably	2064
suspected or believed to have occurred, may take or cause to be	2065
taken color photographs of areas of trauma visible on a child and,	2066
if medically indicated, cause to be performed radiological	2067
examinations of the child.	2068

(D) As used in this division, "children's advocacy center"	2069
and "sexual abuse of a child" have the same meanings as in section	2070
2151.425 of the Revised Code.	2071

(1) When a municipal or county peace officer receives a	2072
report concerning the possible abuse or neglect of a child or the	2073
possible threat of abuse or neglect of a child, upon receipt of	2074
the report, the municipal or county peace officer who receives the	2075
report shall refer the report to the appropriate public children	2076
services agency.	2077

(2) When a public children services agency receives a report	2078
pursuant to this division or division (A) or (B) of this section,	2079
upon receipt of the report, the public children services agency	2080
shall do both of the following:	2081

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

2082

(b) If the county served by the agency is also served by a	2083
children's advocacy center and the report alleges sexual abuse of	2084
a child or another type of abuse of a child that is specified in	2085
the memorandum of understanding that creates the center as being	2086
within the center's jurisdiction, comply regarding the report with	2087
the protocol and procedures for referrals and investigations, with	2088
the coordinating activities, and with the authority or	2089
responsibility for performing or providing functions, activities,	2090
and services stipulated in the interagency agreement entered into	2091
under section 2151.428 of the Revised Code relative to that	2092
center.	2093

(E) No township, municipal, or county peace officer shall	2094
remove a child about whom a report is made pursuant to this	2095
section from the child's parents, stepparents, or guardian or any	2096
other persons having custody of the child without consultation	2097
with the public children services agency, unless, in the judgment	2098
of the officer, and, if the report was made by physician, the	2099
physician, immediate removal is considered essential to protect	2100
the child from further abuse or neglect. The agency that must be	2101
consulted shall be the agency conducting the investigation of the	2102
report as determined pursuant to section 2151.422 of the Revised	2103
Code.	2104

(F)(1) Except as provided in section 2151.422 of the Revised	2105
Code or in an interagency agreement entered into under section	2106
2151.428 of the Revised Code that applies to the particular	2107
report, the public children services agency shall investigate,	2108
within twenty-four hours, each report of child abuse or child	2109
neglect that is known or reasonably suspected or believed to have	2110
occurred and of a threat of child abuse or child neglect that is	2111
known or reasonably suspected or believed to exist that is	2112
referred to it under this section to determine the circumstances	2113
surrounding the injuries, abuse, or neglect or the threat of	2114
injury, abuse, or neglect, the cause of the injuries, abuse,	2115
neglect, or threat, and the person or persons responsible. The	2116
investigation shall be made in cooperation with the law	2117
enforcement agency and in accordance with the memorandum of	2118
understanding prepared under division (J) of this section. A	2119
representative of the public children services agency shall, at	2120
the time of initial contact with the person subject to the	2121
investigation, inform the person of the specific complaints or	2122
allegations made against the person. The information shall be	2123
given in a manner that is consistent with division (H)(1) of this	2124
section and protects the rights of the person making the report	2125
under this section.	2126

A failure to make the investigation in accordance with the	2127
memorandum is not grounds for, and shall not result in, the	2128
dismissal of any charges or complaint arising from the report or	2129
the suppression of any evidence obtained as a result of the report	2130
and does not give, and shall not be construed as giving, any	2131
rights or any grounds for appeal or post-conviction relief to any	2132
person. The public children services agency shall report each case	2133
to the uniform statewide automated child welfare information	2134
system that the department of job and family services shall	2135
maintain in accordance with section 5101.13 of the Revised Code.	2136
The public children services agency shall submit a report of its	2137
investigation, in writing, to the law enforcement agency.	2138

(2) The public children services agency shall make any	2139
recommendations to the county prosecuting attorney or city	2140
director of law that it considers necessary to protect any	2141
children that are brought to its attention.	2142

(G)(1)(a) Except as provided in division (H)(3) of this	2143
section, anyone or any hospital, institution, school, health	2144
department, or agency participating in the making of reports under	2145
division (A) of this section, anyone or any hospital, institution,	2146
school, health department, or agency participating in good faith	2147
in the making of reports under division (B) of this section, and	2148
anyone participating in good faith in a judicial proceeding	2149
resulting from the reports, shall be immune from any civil or	2150
criminal liability for injury, death, or loss to person or	2151
property that otherwise might be incurred or imposed as a result	2152
of the making of the reports or the participation in the judicial	2153
proceeding.	2154

(b) Notwithstanding section 4731.22 of the Revised Code, the	2155
physician-patient privilege shall not be a ground for excluding	2156
evidence regarding a child's injuries, abuse, or neglect, or the	2157
cause of the injuries, abuse, or neglect in any judicial	2158
proceeding resulting from a report submitted pursuant to this	2159
section.	2160

(2) In any civil or criminal action or proceeding in which it	2161
is alleged and proved that participation in the making of a report	2162
under this section was not in good faith or participation in a	2163
judicial proceeding resulting from a report made under this	2164
section was not in good faith, the court shall award the	2165
prevailing party reasonable attorney's fees and costs and, if a	2166
civil action or proceeding is voluntarily dismissed, may award	2167
reasonable attorney's fees and costs to the party against whom the	2168
civil action or proceeding is brought.	2169

(H)(1) Except as provided in divisions (H)(4) and (M) of this	2170
section, a report made under this section is confidential. The	2171
information provided in a report made pursuant to this section and	2172
the name of the person who made the report shall not be released	2173
for use, and shall not be used, as evidence in any civil action or	2174
proceeding brought against the person who made the report. In a	2175
criminal proceeding, the report is admissible in evidence in	2176
accordance with the Rules of Evidence and is subject to discovery	2177
in accordance with the Rules of Criminal Procedure.	2178

(2) No person shall permit or encourage the unauthorized	2179
dissemination of the contents of any report made under this	2180
section.	2181

(3) A person who knowingly makes or causes another person to	2182
make a false report under division (B) of this section that	2183
alleges that any person has committed an act or omission that	2184
resulted in a child being an abused child or a neglected child is	2185
guilty of a violation of section 2921.14 of the Revised Code.	2186

(4) If a report is made pursuant to division (A) or (B) of	2187
this section and the child who is the subject of the report dies	2188
for any reason at any time after the report is made, but before	2189
the child attains eighteen years of age, the public children	2190
services agency or municipal or county peace officer to which the	2191
report was made or referred, on the request of the child fatality	2192
review board, shall submit a summary sheet of information	2193
providing a summary of the report to the review board of the	2194
county in which the deceased child resided at the time of death.	2195
On the request of the review board, the agency or peace officer	2196
may, at its discretion, make the report available to the review	2197
board. If the county served by the public children services agency	2198
is also served by a children's advocacy center and the report of	2199
alleged sexual abuse of a child or another type of abuse of a	2200
child is specified in the memorandum of understanding that creates	2201
the center as being within the center's jurisdiction, the agency	2202
or center shall perform the duties and functions specified in this	2203
division in accordance with the interagency agreement entered into	2204
under section 2151.428 of the Revised Code relative to that	2205
advocacy center.	2206

(5) A public children services agency shall advise a person	2207
alleged to have inflicted abuse or neglect on a child who is the	2208
subject of a report made pursuant to this section, including a	2209
report alleging sexual abuse of a child or another type of abuse	2210
of a child referred to a children's advocacy center pursuant to an	2211
interagency agreement entered into under section 2151.428 of the	2212
Revised Code, in writing of the disposition of the investigation.	2213
The agency shall not provide to the person any information that	2214
identifies the person who made the report, statements of	2215
witnesses, or police or other investigative reports.	2216

(I) Any report that is required by this section, other than a	2217
report that is made to the state highway patrol as described in	2218
section 5120.173 of the Revised Code, shall result in protective	2219
services and emergency supportive services being made available by	2220
the public children services agency on behalf of the children	2221
about whom the report is made, in an effort to prevent further	2222
neglect or abuse, to enhance their welfare, and, whenever	2223
possible, to preserve the family unit intact. The agency required	2224
to provide the services shall be the agency conducting the	2225
investigation of the report pursuant to section 2151.422 of the	2226
Revised Code.	2227

(J)(1) Each public children services agency shall prepare a	2228
memorandum of understanding that is signed by all of the	2229
following:	2230

(a) If there is only one juvenile judge in the county, the	2231
juvenile judge of the county or the juvenile judge's	2232
representative;	2233

(b) If there is more than one juvenile judge in the county, a	2234
juvenile judge or the juvenile judges' representative selected by	2235
the juvenile judges or, if they are unable to do so for any	2236
reason, the juvenile judge who is senior in point of service or	2237
the senior juvenile judge's representative;	2238

(c) The county peace officer;

2239

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

2240

(e) Other law enforcement officers handling child abuse and	2241
neglect cases in the county;	2242

(f) The prosecuting attorney of the county;

2243

(g) If the public children services agency is not the county	2244
department of job and family services, the county department of	2245
job and family services;	2246

(h) The county humane society;

2247

(i) If the public children services agency participated in	2248
the execution of a memorandum of understanding under section	2249
2151.426 of the Revised Code establishing a children's advocacy	2250
center, each participating member of the children's advocacy	2251
center established by the memorandum.	2252

(2) A memorandum of understanding shall set forth the normal	2253
operating procedure to be employed by all concerned officials in	2254
the execution of their respective responsibilities under this	2255
section and division (C) of section 2919.21, division (B)(1) of	2256
section 2919.22, division (B) of section 2919.23, and section	2257
2919.24 of the Revised Code and shall have as two of its primary	2258
goals the elimination of all unnecessary interviews of children	2259
who are the subject of reports made pursuant to division (A) or	2260
(B) of this section and, when feasible, providing for only one	2261
interview of a child who is the subject of any report made	2262
pursuant to division (A) or (B) of this section. A failure to	2263
follow the procedure set forth in the memorandum by the concerned	2264
officials is not grounds for, and shall not result in, the	2265
dismissal of any charges or complaint arising from any reported	2266
case of abuse or neglect or the suppression of any evidence	2267
obtained as a result of any reported child abuse or child neglect	2268
and does not give, and shall not be construed as giving, any	2269
rights or any grounds for appeal or post-conviction relief to any	2270
person.	2271

(3) A memorandum of understanding shall include all of the	2272
following:	2273

(a) The roles and responsibilities for handling emergency and	2274
nonemergency cases of abuse and neglect;	2275

(b) Standards and procedures to be used in handling and	2276
coordinating investigations of reported cases of child abuse and	2277
reported cases of child neglect, methods to be used in	2278
interviewing the child who is the subject of the report and who	2279
allegedly was abused or neglected, and standards and procedures	2280
addressing the categories of persons who may interview the child	2281
who is the subject of the report and who allegedly was abused or	2282
neglected.	2283

(4) If a public children services agency participated in the	2284
execution of a memorandum of understanding under section 2151.426	2285
of the Revised Code establishing a children's advocacy center, the	2286
agency shall incorporate the contents of that memorandum in the	2287
memorandum prepared pursuant to this section.	2288

(5) The clerk of the court of common pleas in the county may	2289
sign the memorandum of understanding prepared under division	2290
(J)(1) of this section. If the clerk signs the memorandum of	2291
understanding, the clerk shall execute all relevant	2292
responsibilities as required of officials specified in the	2293
memorandum.	2294

(K)(1) Except as provided in division (K)(4) of this section,	2295
a person who is required to make a report pursuant to division (A)	2296
of this section may make a reasonable number of requests of the	2297
public children services agency that receives or is referred the	2298
report, or of the children's advocacy center that is referred the	2299
report if the report is referred to a children's advocacy center	2300
pursuant to an interagency agreement entered into under section	2301
2151.428 of the Revised Code, to be provided with the following	2302
information:	2303

(a) Whether the agency or center has initiated an	2304
investigation of the report;	2305

(b) Whether the agency or center is continuing to investigate	2306
the report;	2307

(c) Whether the agency or center is otherwise involved with	2308
the child who is the subject of the report;	2309

(d) The general status of the health and safety of the child	2310
who is the subject of the report;	2311

(e) Whether the report has resulted in the filing of a	2312
complaint in juvenile court or of criminal charges in another	2313
court.	2314

(2) A person may request the information specified in	2315
division (K)(1) of this section only if, at the time the report is	2316
made, the person's name, address, and telephone number are	2317
provided to the person who receives the report.	2318

When a municipal or county peace officer or employee of a	2319
public children services agency receives a report pursuant to	2320
division (A) or (B) of this section the recipient of the report	2321
shall inform the person of the right to request the information	2322
described in division (K)(1) of this section. The recipient of the	2323
report shall include in the initial child abuse or child neglect	2324
report that the person making the report was so informed and, if	2325
provided at the time of the making of the report, shall include	2326
the person's name, address, and telephone number in the report.	2327

Each request is subject to verification of the identity of	2328
the person making the report. If that person's identity is	2329
verified, the agency shall provide the person with the information	2330
described in division (K)(1) of this section a reasonable number	2331
of times, except that the agency shall not disclose any	2332
confidential information regarding the child who is the subject of	2333
the report other than the information described in those	2334
divisions.	2335

(3) A request made pursuant to division (K)(1) of this	2336
section is not a substitute for any report required to be made	2337
pursuant to division (A) of this section.	2338

(4) If an agency other than the agency that received or was	2339
referred the report is conducting the investigation of the report	2340
pursuant to section 2151.422 of the Revised Code, the agency	2341
conducting the investigation shall comply with the requirements of	2342
division (K) of this section.	2343

(L) The director of job and family services shall adopt rules	2344
in accordance with Chapter 119. of the Revised Code to implement	2345
this section. The department of job and family services may enter	2346
into a plan of cooperation with any other governmental entity to	2347
aid in ensuring that children are protected from abuse and	2348
neglect. The department shall make recommendations to the attorney	2349
general that the department determines are necessary to protect	2350
children from child abuse and child neglect.	2351

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

2352

(a) "Out-of-home care" includes a nonchartered nonpublic	2353
school if the alleged child abuse or child neglect, or alleged	2354
threat of child abuse or child neglect, described in a report	2355
received by a public children services agency allegedly occurred	2356
in or involved the nonchartered nonpublic school and the alleged	2357
perpetrator named in the report holds a certificate, permit, or	2358
license issued by the state board of education under section	2359
3301.071 or Chapter 3319. of the Revised Code.	2360

(b) "Administrator, director, or other chief administrative	2361
officer" means the superintendent of the school district if the	2362
out-of-home care entity subject to a report made pursuant to this	2363
section is a school operated by the district.	2364

(2) No later than the end of the day following the day on	2365
which a public children services agency receives a report of	2366
alleged child abuse or child neglect, or a report of an alleged	2367
threat of child abuse or child neglect, that allegedly occurred in	2368
or involved an out-of-home care entity, the agency shall provide	2369
written notice of the allegations contained in and the person	2370
named as the alleged perpetrator in the report to the	2371
administrator, director, or other chief administrative officer of	2372
the out-of-home care entity that is the subject of the report	2373
unless the administrator, director, or other chief administrative	2374
officer is named as an alleged perpetrator in the report. If the	2375
administrator, director, or other chief administrative officer of	2376
an out-of-home care entity is named as an alleged perpetrator in a	2377
report of alleged child abuse or child neglect, or a report of an	2378
alleged threat of child abuse or child neglect, that allegedly	2379
occurred in or involved the out-of-home care entity, the agency	2380
shall provide the written notice to the owner or governing board	2381
of the out-of-home care entity that is the subject of the report.	2382
The agency shall not provide witness statements or police or other	2383
investigative reports.	2384

(3) No later than three days after the day on which a public	2385
children services agency that conducted the investigation as	2386
determined pursuant to section 2151.422 of the Revised Code makes	2387
a disposition of an investigation involving a report of alleged	2388
child abuse or child neglect, or a report of an alleged threat of	2389
child abuse or child neglect, that allegedly occurred in or	2390
involved an out-of-home care entity, the agency shall send written	2391
notice of the disposition of the investigation to the	2392
administrator, director, or other chief administrative officer and	2393
the owner or governing board of the out-of-home care entity. The	2394
agency shall not provide witness statements or police or other	2395
investigative reports.	2396

Sec. 2151.424.  (A) If a child has been placed in a certified	2397
foster home or is in the custody of a relative of the child, other	2398
than a parent of the child, a court, prior to conducting any	2399
hearing pursuant to division (E)(2) or (3) of section 2151.412 or	2400
section 2151.28, 2151.33, 2151.35, 2151.414, 2151.415, 2151.416,	2401
or 2151.417 of the Revised Code with respect to the child, shall	2402
notify the foster caregiver or relative of the date, time, and	2403
place of the hearing. At the hearing, the foster caregiver or	2404
relative mayshall have the right to present evidence.	2405

(B) If a public children services agency or private child	2406
placing agency has permanent custody of a child and a petition to	2407
adopt the child has been filed under Chapter 3107. of the Revised	2408
Code, the agency, prior to conducting a review under section	2409
2151.416 of the Revised Code, or a court, prior to conducting a	2410
hearing under division (E)(2) or (3) of section 2151.412 or	2411
section 2151.416 or 2151.417 of the Revised Code, shall notify the	2412
prospective adoptive parent of the date, time, and place of the	2413
review or hearing. At the review or hearing, the prospective	2414
adoptive parent mayshall have the right to present evidence.	2415

(C) The notice and the opportunity to present evidence do not	2416
make the foster caregiver, relative, or prospective adoptive	2417
parent a party in the action or proceeding pursuant to which the	2418
review or hearing is conducted.	2419

Sec. 2151.55. When(A) Subject to division (B) of this	2420
section, when a private or governmental entity intends to place a	2421
child in a certified foster home in a county other than the	2422
county in which the child resided at the time of being removed	2423
from home, a representative of the placing entity shall orally	2424
communicate the intended placement to the foster caregiver with	2425
whom the child is to be placed and, if the child will attend the	2426
schools of the district in which the certified foster home is	2427
located, a representative of the school district's board of	2428
education.	2429

(B) When a private or governmental entity intends to place a	2430
child in a certified foster home, regardless of whether the	2431
certified foster home is in the county in which the child resided	2432
at the time of being removed from home or is in any other county,	2433
and either the child has been determined by a court, a public	2434
children services agency, a private child placing agency, or a	2435
governmental entity with authority to place the child to be an	2436
exceptional behavioral needs child or the child has been	2437
adjudicated a delinquent child for committing an act that if	2438
committed by an adult would be a felony, a representative of the	2439
placing entity, prior to the placement, shall communicate in	2440
writing the intended placement to the foster caregiver with whom	2441
the child is to be placed and to all of the following persons:	2442

(1) The superintendent of each board of education of a school	2443
district that has schools within the specified geographical	2444
notification area;	2445

(2) The appointing or hiring officer of each chartered	2446
nonpublic school or each other school that is located within the	2447
specified geographical notification area and that is not operated	2448
by a board of education described in division (B)(1) of this	2449
section;	2450

(3) The sheriff of each county that includes any portion of	2451
the specified geographical notification area;	2452

(4) The chief of police, marshal, or other chief law	2453
enforcement officer of the municipal corporation in which the	2454
foster home is located or, if the foster home is located in an	2455
unincorporated area, the constable or chief of the police	2456
department or police district police force of the township in	2457
which the foster home is located.	2458

(C) As used in this section:

2459

(1) "Exceptional behavioral needs child" means a child who	2460
presents severe emotional or behavioral management problems,	2461
including, but not limited to, a child who displays a high degree	2462
of impulsive and acting-out behavior toward themselves or others	2463
that often is characterized by verbal and physical aggression, a	2464
child who has multiple and severe psychiatric, emotional, and	2465
behavioral management problems ranging from personality disorders	2466
to aggression toward animals, others, and self, or sexual	2467
acting-out, or a child who poses an ongoing danger to self or	2468
others documented by one or more of the following licensed	2469
professionals:	2470

(a) A psychiatrist;

2471

(b) A licensed psychologist or licensed school psychologist,	2472
both as defined in section 4732.01 of the Revised Code;	2473

(c) A person licensed under Chapter 4757. of the Revised Code	2474
to engage in the practice of social work;	2475

(d) A person licensed under Chapter 4757. of the Revised Code	2476
to engage in the practice of professional counseling;	2477

(e) A person licensed under Chapter 4757. of the Revised Code	2478
as an independent marriage and family therapist or a marriage and	2479
family therapist.	2480

(2) "Specified geographical notification area" means the	2481
geographic area or areas within which the attorney general, by	2482
rule adopted under section 2950.13 of the Revised Code, requires	2483
the notice described in division (B) of section 2950.11 of the	2484
Revised Code to be given to the persons identified in divisions	2485
(A)(2) to (8) of that section, except that any references made in	2486
a rule so adopted to a specific proximity to an offender's or	2487
delinquent child's residential premises shall be considered for	2488
purposes of division (B) of this section to be references to the	2489
same specific proximity to the premises of the foster home.	2490

Sec. 2151.551.  During the oral communication described in	2491
division (A) of section 2151.55 of the Revised Code and in the	2492
written communication described in division (B) of that section,	2493
the representative of the placing entity shall do the following:	2494

(A) Discuss safety and well-being concerns regarding the	2495
child and, if the child attends school, the students, teachers,	2496
and personnel of the school;	2497

(B) Provide the following information:

2498

(1) A brief description of the reasons the child was removed	2499
from home;	2500

(2) Services the child is receiving;

2501

(3) The name of the contact person for the placing entity	2502
that is directly responsible for monitoring the child's placement;	2503

(4) The telephone number of the placing entity and, if the	2504
child is in the temporary, permanent, or legal custody of a	2505
private or government entity other than the placing entity, the	2506
telephone number of the entity with custody;	2507

(5) The previous school district attended by the child;

2508

(6) The last known address of the child's parents.

2509

(C) If the representative of the placing entity is providing	2510
the written communication described in division (B) of section	2511
2151.55 of the Revised Code, in addition to the discussion and	2512
provision of information required under divisions (A) and (B) of	2513
this section, in the written communication the representative	2514
shall provide the child's name and age, the address of the	2515
certified foster home in which the child is being placed, the	2516
name and a telephone number of a contact person at that home, and	2517
a statement that the home is a treatment foster home, provide a	2518
brief description of the facts supporting the determination that	2519
the child is an exceptional behavioral needs child or of the facts	2520
and circumstances of the act resulting in the delinquent child	2521
adjudication, and discuss safety and well-being concerns with	2522
respect to the child and the community.	2523

Sec. 2151.552. No later than five days afterIf a child who	2524
is described in division (A) of section 2151.55 of the Revised	2525
Code and about whom any oral communication is required under that	2526
division is enrolled in school in the district described in that	2527
sectiondivision, not later than five days after the child is so	2528
enrolled, the placing entity shall provide in writing the	2529
information described in division (B) of section 2151.551 of the	2530
Revised Code to the school district and the child's foster	2531
caregiver.	2532

Sec. 2151.553.  Each school district board of education	2533
shall implement a procedure for receiving the information	2534
described in section 2151.552 of the Revised Code in a written	2535
notice provided under that section, and for receiving the	2536
discussions and information described in section 2151.551 of the	2537
Revised Code in a written notice provided under division (B) of	2538
section 2151.55 of the Revised Code. The procedure implemented	2539
under this section regarding the discussions and information	2540
described in section 2151.551 of the Revised Code in a written	2541
notice provided under division (B) of section 2151.55 of the	2542
Revised Code shall contain safeguards to ensure the	2543
confidentiality of the information provided.	2544

Sec. 2151.554. When(A) Subject to division (B) of this	2545
section, when a private or governmental entity places a child who	2546
has been adjudicated to be an unruly or delinquent child in a	2547
certified foster home in a county other than the county in which	2548
the child resided at the time of being removed from home, the	2549
placing entity shall provide the following information in writing	2550
to the juvenile court of the county in which the certified foster	2551
home is located:	2552

(A)(1) The information listed in divisions (B)(2)(3) to	2553
(4)(5) of section 2151.551 of the Revised Code;	2554

(B)(2) A brief description of the facts supporting the	2555
adjudication that the child is unruly or delinquent;	2556

(C)(3) The name and address of the foster caregiver;

2557

(D)(4) Safety and well-being concerns with respect to the	2558
child and community.	2559

(B) When a private or governmental entity places a child who	2560
has been adjudicated an unruly child or delinquent child in a	2561
certified foster home, regardless of whether the certified foster	2562
home is in the county in which the child resided at the time of	2563
being removed from home or is in any other county, and either the	2564
child has been determined by a court, a public children services	2565
agency, a private child placing agency, or a governmental entity	2566
with authority to place the child to be an exceptional behavioral	2567
needs child or the child has been adjudicated a delinquent child	2568
for committing an act that if committed by an adult would be a	2569
felony, the placing entity shall provide the information	2570
specified in divisions (A)(1) to (4) of this section to the	2571
juvenile court of the county in which the certified foster home	2572
is located, unless that juvenile court is the court of	2573
jurisdiction in the child's case.	2574

(C) As used in this section, "exceptional behavioral needs	2575
child" has the same meaning as in section 2151.55 of the Revised	2576
Code.	2577

Sec. 2151.555. (A) Any information, document, written or oral	2578
statement, or report provided by a private or governmental entity	2579
pursuant to division (B) of section 2151.55 or division (B) of	2580
section 2151.554 of the Revised Code is confidential and is not a	2581
public record open to public inspection under section 149.43 of	2582
the Revised Code.	2583

(B) No person shall permit or encourage the unauthorized	2584
dissemination of the confidential information described in	2585
division (A) of this section, except pursuant to a court order as	2586
provided by law.	2587

Sec. 2151.86.  (A)(1) The appointing or hiring officer of any	2588
entity that appoints or employs any person responsible for a	2589
child's care in out-of-home care shall request the superintendent	2590
of BCII to conduct a criminal records check with respect to any	2591
person who is under final consideration for appointment or	2592
employment as a person responsible for a child's care in	2593
out-of-home care, except that section 3319.39 of the Revised Code	2594
shall apply instead of this section if the out-of-home care entity	2595
is a public school, educational service center, or chartered	2596
nonpublic school.	2597

(2) TheAt the times specified in this division, the	2598
administrative director of an agency, or attorney, who arranges an	2599
adoption for a prospective adoptive parent shall request the	2600
superintendent of BCII to conduct a criminal records check with	2601
respect to that prospective adoptive parent and a criminal records	2602
check with respect to all persons eighteen years of age or older	2603
who reside with the prospective adoptive parent. The	2604
administrative director or attorney shall request a criminal	2605
records check pursuant to this division at the time of the initial	2606
home study, every four years after the initial home study at the	2607
time of an update, and at the time that an adoptive home study is	2608
completed as a new home study.	2609

(3) Before a recommending agency submits a recommendation to	2610
the department of job and family services on whether the	2611
department should issue a certificate to a foster home under	2612
section 5103.03 of the Revised Code, and every four years	2613
thereafter prior to a recertification under that section, the	2614
administrative director of the agency shall request that the	2615
superintendent of BCII conduct a criminal records check with	2616
respect to the prospective foster caregiver and a criminal records	2617
check with respect to all other persons eighteen years of age or	2618
older who reside with the foster caregiver.	2619

(B)(1) If a person subject to a criminal records check under	2620
division (A)(1) of this section does not present proof that the	2621
person has been a resident of this state for the five-year period	2622
immediately prior to the date upon which the criminal records	2623
check is requested or does not provide evidence that within that	2624
five-year period the superintendent of BCII has requested	2625
information about the person from the federal bureau of	2626
investigation in a criminal records check, the appointing or	2627
hiring officer, administrative director, or attorney shall request	2628
that the superintendent of BCII obtain information from the	2629
federal bureau of investigation as a part of the criminal records	2630
check, including fingerprint based checks of national crime	2631
information databases as described in 42 U.S.C. 671. If thea	2632
person subject to thea criminal records check under division	2633
(A)(1) of this section presents proof that the person has been a	2634
resident of this state for that five-year period, the appointing	2635
or hiring officer, director, or attorney may request that the	2636
superintendent of BCII include information from the federal bureau	2637
of investigation in the criminal records check, including	2638
fingerprint based checks of national crime information databases	2639
as described in 42 U.S.C. 671.	2640

When the administrative director of an agency, or attorney,	2641
who arranges an adoption for a prospective parent requests, at the	2642
time of the initial home study, a criminal records check for a	2643
person pursuant to division (A)(2) of this section, the	2644
administrative director or attorney shall request that the	2645
superintendent of BCII obtain information from the federal bureau	2646
of investigation as part of the criminal records check, including	2647
fingerprint based checks of national crime information databases	2648
as described in 42 U.S.C. 671, for the person subject to the	2649
criminal records check. In all other cases in which the	2650
administrative director of an agency, or attorney, who arranges an	2651
adoption for a prospective parent requests a criminal records	2652
check for a person pursuant to division (A)(2) of this section,	2653
the administrative director or attorney may request that the	2654
superintendent of BCII include information from the federal bureau	2655
of investigation in the criminal records check, including	2656
fingerprint based checks of national crime information databases	2657
as described in 42 U.S.C. 671.	2658

When the administrative director of a recommending agency	2659
requests, before submitting a recommendation to the department of	2660
job and family services on whether the department should issue a	2661
certificate to a foster home under section 5103.03 of the Revised	2662
Code, a criminal records check for a person pursuant to division	2663
(A)(3) of this section, the administrative director shall request	2664
that the superintendent of BCII obtain information from the	2665
federal bureau of investigation as part of a criminal records	2666
check, including fingerprint based checks of national crime	2667
information databases as described in 42 U.S.C. 671, for the	2668
person subject to the criminal records check. In all other cases	2669
in which the administrative director of a recommending agency	2670
requests a criminal records check for a person pursuant to	2671
division (A)(3) of this section, the administrative director may	2672
request that the superintendent of BCII include information from	2673
the federal bureau of investigation in the criminal records check,	2674
including fingerprint based checks of national crime information	2675
databases as described in 42 U.S.C. 671.	2676

(2) An appointing or hiring officer, administrative director,	2677
or attorney required by division (A) of this section to request a	2678
criminal records check shall provide to each person subject to a	2679
criminal records check a copy of the form prescribed pursuant to	2680
division (C)(1) of section 109.572 of the Revised Code and a	2681
standard impression sheet to obtain fingerprint impressions	2682
prescribed pursuant to division (C)(2) of section 109.572 of the	2683
Revised Code, obtain the completed form and impression sheet from	2684
the person, and forward the completed form and impression sheet to	2685
the superintendent of BCII at the time the criminal records check	2686
is requested.	2687

Any person subject to a criminal records check who receives	2688
pursuant to this division a copy of the form prescribed pursuant	2689
to division (C)(1) of section 109.572 of the Revised Code and a	2690
copy of an impression sheet prescribed pursuant to division (C)(2)	2691
of that section and who is requested to complete the form and	2692
provide a set of fingerprint impressions shall complete the form	2693
or provide all the information necessary to complete the form and	2694
shall provide the impression sheet with the impressions of the	2695
person's fingerprints. If a person subject to a criminal records	2696
check, upon request, fails to provide the information necessary to	2697
complete the form or fails to provide impressions of the person's	2698
fingerprints, the appointing or hiring officer shall not appoint	2699
or employ the person as a person responsible for a child's care in	2700
out-of-home care, a probate court may not issue a final decree of	2701
adoption or an interlocutory order of adoption making the person	2702
an adoptive parent, and the department of job and family services	2703
shall not issue a certificate authorizing the prospective foster	2704
caregiver to operate a foster home.	2705

(C)(1) No appointing or hiring officer shall appoint or	2706
employ a person as a person responsible for a child's care in	2707
out-of-home care, the department of job and family services shall	2708
not issue a certificate under section 5103.03 of the Revised Code	2709
authorizing a prospective foster caregiver to operate a foster	2710
home, and no probate court shall issue a final decree of adoption	2711
or an interlocutory order of adoption making a person an adoptive	2712
parent if the person or, in the case of a prospective foster	2713
caregiver or prospective adoptive parent, any person eighteen	2714
years of age or older who resides with the prospective foster	2715
caregiver or prospective adoptive parent previously has been	2716
convicted of or pleaded guilty to any of the followingviolations	2717
described in division (A)(8) of section 109.572 of the Revised	2718
Code, unless the person meets rehabilitation standards established	2719
in rules adopted under division (F) of this section:.	2720

(a) A violation of section 2903.01, 2903.02, 2903.03,	2721
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	2722
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	2723
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	2724
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	2725
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	2726
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	2727
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a	2728
violation of section 2905.04 of the Revised Code as it existed	2729
prior to July 1, 1996, a violation of section 2919.23 of the	2730
Revised Code that would have been a violation of section 2905.04	2731
of the Revised Code as it existed prior to July 1, 1996, had the	2732
violation been committed prior to that date, a violation of	2733
section 2925.11 of the Revised Code that is not a minor drug	2734
possession offense, or felonious sexual penetration in violation	2735
of former section 2907.12 of the Revised Code;	2736

(b) A violation of an existing or former law of this state,	2737
any other state, or the United States that is substantially	2738
equivalent to any of the offenses described in division (C)(1)(a)	2739
of this section.	2740

(2) The appointing or hiring officer may appoint or employ a	2741
person as a person responsible for a child's care in out-of-home	2742
care conditionally until the criminal records check required by	2743
this section is completed and the officer receives the results of	2744
the criminal records check. If the results of the criminal records	2745
check indicate that, pursuant to division (C)(1) of this section,	2746
the person subject to the criminal records check does not qualify	2747
for appointment or employment, the officer shall release the	2748
person from appointment or employment.	2749

(3) Prior to certification or recertification under section	2750
5103.03 of the Revised Code, the prospective foster caregiver	2751
subject to a criminal records check under division (A)(3) of this	2752
section shall notify the recommending agency of the revocation of	2753
any foster home license, certificate, or other similar	2754
authorization in another state occurring within the five years	2755
prior to the date of application to become a foster caregiver in	2756
this state. The failure of a prospective foster caregiver to	2757
notify the recommending agency of any revocation of that type in	2758
another state that occurred within that five-year period shall be	2759
grounds for denial of the person's foster home application or the	2760
revocation of the person's foster home certification, whichever is	2761
applicable. If a person has had a revocation in another state	2762
within the five years prior to the date of the application, the	2763
department of job and family services shall not issue a foster	2764
home certificate to the prospective foster caregiver.	2765

(D) The appointing or hiring officer, administrative	2766
director, or attorney shall pay to the bureau of criminal	2767
identification and investigation the fee prescribed pursuant to	2768
division (C)(3) of section 109.572 of the Revised Code for each	2769
criminal records check conducted in accordance with that section	2770
upon a request pursuant to division (A) of this section. The	2771
officer, director, or attorney may charge the person subject to	2772
the criminal records check a fee for the costs the officer,	2773
director, or attorney incurs in obtaining the criminal records	2774
check. A fee charged under this division shall not exceed the	2775
amount of fees the officer, director, or attorney pays for the	2776
criminal records check. If a fee is charged under this division,	2777
the officer, director, or attorney shall notify the person who is	2778
the applicant at the time of the person's initial application for	2779
appointment or employment, an adoption to be arranged, or a	2780
certificate to operate a foster home of the amount of the fee and	2781
that, unless the fee is paid, the person who is the applicant will	2782
not be considered for appointment or employment or as an adoptive	2783
parent or foster caregiver.	2784

(E) The report of any criminal records check conducted by the	2785
bureau of criminal identification and investigation in accordance	2786
with section 109.572 of the Revised Code and pursuant to a request	2787
made under division (A) of this section is not a public record for	2788
the purposes of section 149.43 of the Revised Code and shall not	2789
be made available to any person other than the following:	2790

(1) The person who is the subject of the criminal records	2791
check or the person's representative; the	2792

(2) The appointing or hiring officer, administrative	2793
director, or attorney requesting the criminal records check or the	2794
officer's, director's, or attorney's representative; the	2795

(3) The department of job and family services or, a county	2796
department of job and family services, or a public children	2797
services agency; and any	2798

(4) Any court, hearing officer, or other necessary individual	2799
involved in a case dealing with the denial of employment, a final	2800
decree of adoption or interlocutory order of adoption, or a foster	2801
home certificate.	2802

(F) The director of job and family services shall adopt rules	2803
in accordance with Chapter 119. of the Revised Code to implement	2804
this section. The rules shall include rehabilitation standards a	2805
person who has been convicted of or pleaded guilty to an offense	2806
listed in division (C)(1) of this section(A)(8) of section	2807
109.572 of the Revised Code must meet for an appointing or hiring	2808
officer to appoint or employ the person as a person responsible	2809
for a child's care in out-of-home care, a probate court to issue a	2810
final decree of adoption or interlocutory order of adoption making	2811
the person an adoptive parent, or the department to issue a	2812
certificate authorizing the prospective foster caregiver to	2813
operate a foster home or not revoke a foster home certificate for	2814
a violation specified in section 5103.0328 of the Revised Code.	2815

(G) An appointing or hiring officer, administrative director,	2816
or attorney required by division (A) of this section to request a	2817
criminal records check shall inform each person who is the	2818
applicant, at the time of the person's initial application for	2819
appointment or employment, an adoption to be arranged, or a foster	2820
home certificate, that the person subject to the criminal records	2821
check is required to provide a set of impressions of the person's	2822
fingerprints and that a criminal records check is required to be	2823
conducted and satisfactorily completed in accordance with section	2824
109.572 of the Revised Code.	2825

(H) The department of job and family services may waive the	2826
requirement that a criminal records check based on fingerprints be	2827
conducted for an adult resident of a prospective adoptive or	2828
foster home or the home of a foster caregiver if the recommending	2829
agency documents to the department's satisfaction that the adult	2830
resident is physically unable to comply with the fingerprinting	2831
requirement and poses no danger to foster children or adoptive	2832
children who may be placed in the home. In such cases, the	2833
recommending or approving agency shall request that the bureau of	2834
criminal identification and investigation conduct a criminal	2835
records check using the person's name and social security number.	2836

(I) As used in this section:

2837

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

2838

(a) A hospital registered under section 3701.07 of the	2839
Revised Code that provides general pediatric medical and surgical	2840
care, and in which at least seventy-five per cent of annual	2841
inpatient discharges for the preceding two calendar years were	2842
individuals less than eighteen years of age;	2843

(b) A distinct portion of a hospital registered under section	2844
3701.07 of the Revised Code that provides general pediatric	2845
medical and surgical care, has a total of at least one hundred	2846
fifty registered pediatric special care and pediatric acute care	2847
beds, and in which at least seventy-five per cent of annual	2848
inpatient discharges for the preceding two calendar years were	2849
individuals less than eighteen years of age;	2850

(c) A distinct portion of a hospital, if the hospital is	2851
registered under section 3701.07 of the Revised Code as a	2852
children's hospital and the children's hospital meets all the	2853
requirements of division (I)(3)(1)(a) of this section.	2854

(2) "Criminal records check" has the same meaning as in	2855
section 109.572 of the Revised Code.	2856

(3) "Minor drug possession offense" has the same meaning as	2857
in section 2925.01 of the Revised Code.	2858

(4) "Person responsible for a child's care in out-of-home	2859
care" has the same meaning as in section 2151.011 of the Revised	2860
Code, except that it does not include a prospective employee of	2861
the department of youth services or a person responsible for a	2862
child's care in a hospital or medical clinic other than a	2863
children's hospital.	2864

(5)(4) "Person subject to a criminal records check" means the	2865
following:	2866

(a) A person who is under final consideration for appointment	2867
or employment as a person responsible for a child's care in	2868
out-of-home care;	2869

(b) A prospective adoptive parent;

2870

(c) A prospective foster caregiver;

2871

(d) A person eighteen years old or older who resides with a	2872
prospective foster caregiver or a prospective adoptive parent.	2873

(6)(5) "Recommending agency" means a public children services	2874
agency, private child placing agency, or private noncustodial	2875
agency to which the department of job and family services has	2876
delegated a duty to inspect and approve foster homes.	2877

(7)(6) "Superintendent of BCII" means the superintendent of	2878
the bureau of criminal identification and investigation.	2879

Sec. 2301.10.  (A) If a sheriff or chief of police has not	2880
taken, or caused to be taken, a person's or child's fingerprints	2881
in accordance with division (A)(1) of section 109.60 of the	2882
Revised Code with respect to a crime or act set forth in that	2883
division by the time of the arraignment or first appearance of the	2884
person or child with respect to that crime or act, the court of	2885
common pleas shall order the person or child to appear before the	2886
sheriff or chief of police within twenty-four hours of the	2887
arraignment or first appearance to have the person's or child's	2888
fingerprints taken as provided in division (A)(2) of section	2889
109.60 of the Revised Code.	2890

(B) If the court of common pleas has jurisdiction over a case	2891
involving a person or child with respect to whom division (A)(1)	2892
or (2) of section 109.60 of the Revised Code requires a sheriff or	2893
chief of police to take the person's or child's fingerprints, the	2894
court of common pleas shall inquire at the time of the person's or	2895
child's sentencing or adjudication for the crime or act for which	2896
the fingerprints were required to be taken whether or not the	2897
person or child has been fingerprinted pursuant to division (A)(1)	2898
or (2) of section 109.60 of the Revised Code for the original	2899
arrest or court appearance upon which the sentence or adjudication	2900
is based. If a person or child was not fingerprinted for the	2901
original arrest or court appearance, the court of common pleas	2902
shall order the person or child to appear before the sheriff or	2903
chief of police within twenty-four hours to have the person's or	2904
child's fingerprints taken as provided in division (A)(3) of	2905
section 109.60 of the Revised Code.	2906

Sec. 3107.033.  Not later than January 1, 2008, the director	2907
of job and family services shall adopt rules in accordance with	2908
Chapter 119. of the Revised Code specifying both of the	2909
following:	2910

(A) The manner in which a home study is to be conducted and	2911
the information and documents to be included in a home study	2912
report, which shall include, pursuant to section 3107.034 of the	2913
Revised Code, a summary report of a search of the uniform	2914
statewide automated child welfare information system established	2915
in section 5101.13 of the Revised Code and a report of a check of	2916
a central registry of another state if a request for a check of a	2917
central registry of another state is required under division (A)	2918
of section 3107.034 of the Revised Code;	2919

(B) A procedure under which a person whose application for	2920
adoption has been denied as a result of a search of the uniform	2921
statewide automated child welfare information system established	2922
in section 5101.13 of the Revised Code as part of the home study	2923
may appeal the denial to the agency that employed the assessor who	2924
filed the report.	2925

Sec. 3107.034. (A) Whenever a prospective adoptive parent or	2926
a person eighteen years of age or older who resides with a	2927
prospective adoptive parent has resided in another state within	2928
the five-year period immediately prior to the date on which a	2929
criminal records check is requested for the person under division	2930
(A) of section 2151.86 of the Revised Code, the administrative	2931
director of an agency, or attorney, who arranges the adoption for	2932
the prospective adoptive parent shall request a check of the	2933
central registry of abuse and neglect of this state from the	2934
department of job and family services regarding the prospective	2935
adoptive parent or the person eighteen years of age or older who	2936
resides with the prospective adoptive parent to enable the agency	2937
or attorney to check any child abuse and neglect registry	2938
maintained by that other state. The administrative director or	2939
attorney shall make the request and shall review the results of	2940
the check before a final decree of adoption or an interlocutory	2941
order of adoption making the person an adoptive parent may be	2942
made. Information received pursuant to the request shall be	2943
considered for purposes of this chapter as if it were a summary	2944
report required under section 3107.033 of the Revised Code. The	2945
department of job and family services shall comply with any	2946
request to check the central registry that is similar to the	2947
request described in this division and that is received from any	2948
other state.	2949

(B) The summary report of a search of the uniform statewide	2950
automated child welfare information system established in section	2951
5101.13 of the Revised Code that is required under section	2952
3107.033 of the Revised Code shall contain, if applicable, a	2953
chronological list of abuse and neglect determinations or	2954
allegations of which the person seeking to adopt is subject and in	2955
regards to which a public children services agency has done one of	2956
the following:	2957

(1) Determined that abuse or neglect occurred;

2958

(2) Initiated an investigation, and the investigation is	2959
ongoing;	2960

(3) Initiated an investigation and the agency was unable to	2961
determine whether abuse or neglect occurred.	2962

(B)(C) The summary report required under section 3107.033 of	2963
the Revised Code shall not contain any of the following:	2964

(1) An abuse and neglect determination of which the person	2965
seeking to adopt is subject and in regards to which a public	2966
children services agency determined that abuse or neglect did not	2967
occur;	2968

(2) Information or reports the dissemination of which is	2969
prohibited by, or interferes with eligibility under, the "Child	2970
Abuse Prevention and Treatment Act," 88 Stat. 4 (1974), 42 U.S.C.	2971
5101 et seq., as amended;	2972

(3) The name of the person who or entity that made, or	2973
participated in the making of, the report of abuse or neglect.	2974

(C)(D)(1) An application for adoption may be denied based on	2975
a summary report containing the information described under	2976
division (A)(B)(1) of this section, when considered within the	2977
totality of the circumstances. An application that is denied may	2978
be appealed using the procedure adopted pursuant to division (B)	2979
of section 3107.033 of the Revised Code.	2980

(2) An application for adoption shall not be denied solely	2981
based on a summary report containing the information described	2982
under division (A)(B)(2) or (3) of this section.	2983

Sec. 3107.066.  (A) Notwithstanding the provisions of the	2984
versions of former sections 3107.06 and 3107.07 of the Revised	2985
Code that, pursuant to Section 5 of Am. Sub. H.B. 419 of the 121st	2986
general assembly, apply regarding a putative father's consent to	2987
the adoption of any child born prior to January 1, 1997, on and	2988
after the effective date of this section, both of the following	2989
apply:	2990

(1) The references in division (F)(4) of former section	2991
3107.06 of the Revised Code to the department of human services	2992
are repealed, and division (F)(4) of that former section shall be	2993
considered as reading, and shall be applicable, as follows: "Has	2994
filed an objection to the adoption with the agency having custody	2995
of the minor at any time before the placement of the minor in the	2996
home of the petitioner, or with the probate court within thirty	2997
days of the filing of a petition to adopt the minor or its	2998
placement in the home of the petitioner, whichever occurs first."	2999

(2) The references in division (B) of former section 3107.07	3000
of the Revised Code to the department of human services are	3001
repealed, and division (B) of that former section shall be	3002
considered as reading, and shall be applicable, as follows: "The	3003
putative father of a minor if the putative father fails to file an	3004
objection with the court or the agency having custody of the minor	3005
as provided in division (F)(4) of section 3107.06 of the Revised	3006
Code, or files an objection with the court or agency and the court	3007
finds, after proper service of notice and hearing, that he is not	3008
the father of the minor, or that he has willfully abandoned or	3009
failed to care for and support the minor, or abandoned the mother	3010
of the minor during her pregnancy and up to the time of her	3011
surrender of the minor, or its placement in the home of the	3012
petitioner, whichever occurs first."	3013

(B) As used in this section:

3014

(1) "Former section 3107.06 of the Revised Code" means the	3015
version of that section that was in effect immediately prior to	3016
September 18, 1996, and that was amended by Am. Sub. H.B. 419 of	3017
the 121st general assembly.	3018

(2) "Former section 3107.07 of the Revised Code" means the	3019
version of that section that was in effect immediately prior to	3020
September 18, 1996, and that was amended by Am. Sub. H.B. 419 of	3021
the 121st general assembly.	3022

Sec. 3107.14.  (A) The petitioner and the person sought to be	3023
adopted shall appear at the hearing on the petition, unless the	3024
presence of either is excused by the court for good cause shown.	3025

(B) The court may continue the hearing from time to time to	3026
permit further observation, investigation, or consideration of any	3027
facts or circumstances affecting the granting of the petition, and	3028
may examine the petitioners separate and apart from each other.	3029

(C) If, at the conclusion of the hearing, the court finds	3030
that the required consents have been obtained or excused and that	3031
the adoption is in the best interest of the person sought to be	3032
adopted as supported by the evidence, it may issue, subject to	3033
division (C)(1)(a) of section 2151.86, section 3107.064, and	3034
division (E) of section 3107.09 of the Revised Code, and any other	3035
limitations specified in this chapter, a final decree of adoption	3036
or an interlocutory order of adoption, which by its own terms	3037
automatically becomes a final decree of adoption on a date	3038
specified in the order, which, except as provided in division (B)	3039
of section 3107.13 of the Revised Code, shall not be less than six	3040
months or more than one year from the date of issuance of the	3041
order, unless sooner vacated by the court for good cause shown. In	3042
determining whether the adoption is in the best interest of the	3043
person sought to be adopted, the court shall not consider the age	3044
of the petitioner if the petitioner is old enough to adopt as	3045
provided by section 3107.03 of the Revised Code.	3046

In an interlocutory order of adoption, the court shall	3047
provide for observation, investigation, and a further report on	3048
the adoptive home during the interlocutory period.	3049

(D) If the requirements for a decree under division (C) of	3050
this section have not been satisfied or the court vacates an	3051
interlocutory order of adoption, or if the court finds that a	3052
person sought to be adopted was placed in the home of the	3053
petitioner in violation of law, the court shall dismiss the	3054
petition and may determine the agency or person to have temporary	3055
or permanent custody of the person, which may include the agency	3056
or person that had custody prior to the filing of the petition or	3057
the petitioner, if the court finds it is in the best interest of	3058
the person as supported by the evidence, or if the person is a	3059
minor, the court may certify the case to the juvenile court of the	3060
county where the minor is then residing for appropriate action and	3061
disposition.	3062

(E) The issuance of a final decree or interlocutory order of	3063
adoption for an adult adoption under division (A)(4) of section	3064
3107.02 of the Revised Code shall not disqualify that adult for	3065
services under section 2151.82 or 2151.83 of the Revised Code.	3066

Sec. 5101.13. (A) The department of job and family services	3067
shall establish and maintain a uniform statewide automated child	3068
welfare information system in accordance with the requirements of	3069
42 U.S.C.A. 674(a)(3)(C) and related federal regulations and	3070
guidelines. The information system shall contain records regarding	3071
any of the following:	3072

(1) Investigations of children and families, and children's	3073
care in out-of-home care, in accordance with sections 2151.421 and	3074
5153.16 of the Revised Code;	3075

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

3076

(3) Any other information related to children and families	3077
that state or federal law, regulation, or rule requires the	3078
department or a public children services agency to maintain.	3079

(B) The department shall plan implementation of the	3080
information system on a county-by-county basis and shall finalize	3081
statewide implementation by all public children services agencies	3082
as described in section 5153.02 of the Revised Code not later than	3083
January 1, 2008.	3084

(C) The department shall promptly notify all public children	3085
services agencies of the initiation and completion of statewide	3086
implementation of the statewide information system established	3087
under division (A) of this section.	3088

(D) "Out-of-home care" has the same meaning as in section	3089
2151.011 of the Revised Code.	3090

Sec. 5101.132. (A) Information contained in the information	3091
system established and maintained under section 5101.13 of the	3092
Revised Code may be accessed only as follows:	3093

(A)(1) The department of job and family services and, a	3094
public children services agency, a title IV-E agency, a	3095
prosecuting attorney, a private child placing agency, and a	3096
private noncustodial agency may access the information when either	3097
of the following is the case:	3098

(1)(a) The access is directly connected with assessment,	3099
investigation, or services regarding a child or family;	3100

(2)(b) The access is permitted by state or federal law, rule,	3101
or regulation.	3102

(B)(2) A person may access the information in a manner, to	3103
the extent, and for the purposes authorized by rules adopted by	3104
the department.	3105

(B) As used in this section, "title IV-E agency" means a	3106
public children services agency or a public entity with which the	3107
department of job and family services has a title IV-E subgrant	3108
agreement in effect.	3109

Sec. 5101.134. (A) Notwithstanding any provision of the	3110
Revised Code that requires confidentiality of information that is	3111
contained in the uniform statewide automated child welfare	3112
information system established in section 5101.13 of the Revised	3113
Code, the department of job and family services shall adopt rules	3114
in accordance with Chapter 119. of the Revised Code regarding a	3115
private child placing agency's or private noncustodial agency's	3116
access, data entry, and use of information in the uniform	3117
statewide automated child welfare information system.	3118

(B)(1) The department of job and family services may adopt	3119
rules in accordance with section 111.15 of the Revised Code, as if	3120
they were internal management rules, as necessary to carry out the	3121
purposes of sections 5101.13 to 5101.133 of the Revised Code.	3122

(2) The department may adopt rules in accordance with Chapter	3123
119. of the Revised Code as necessary to carry out the purposes of	3124
division (B)(A)(2) of section 5101.132 of the Revised Code.	3125

(C) Public children services agencies shall implement and use	3126
the information system established pursuant to section 5101.13 of	3127
the Revised Code in accordance with rules adopted by the	3128
department.	3129

Sec. 5101.32.  (A) The department of job and family services	3130
shall work with the superintendent of the bureau of criminal	3131
identification and investigation to develop procedures and formats	3132
necessary to produce the notices described in division (D) of	3133
section 109.581 of the Revised Code in a format that is acceptable	3134
for use by the department. The department may adopt rules in	3135
accordance with section 111.15 of the Revised Code, as if they	3136
were internal management rules, necessary for such collaboration.	3137

(B) In addition to the rules required by division (G) of	3138
section 109.581 of the Revised Code, the department of job and	3139
family services may adopt rules in accordance with Chapter 119. of	3140
the Revised Code necessary for utilizing the information received	3141
pursuant to section 109.581 of the Revised Code.	3142

Sec. 5103.03.  (A) The director of job and family services	3143
shall adopt rules as necessary for the adequate and competent	3144
management of institutions or associations.	3145

(B)(1) Except for facilities under the control of the	3146
department of youth services, places of detention for children	3147
established and maintained pursuant to sections 2152.41 to 2152.44	3148
of the Revised Code, and child day-care centers subject to Chapter	3149
5104. of the Revised Code, the department of job and family	3150
services every two years shall pass upon the fitness of every	3151
institution and association that receives, or desires to receive	3152
and care for children, or places children in private homes.	3153

(2) When the department of job and family services is	3154
satisfied as to the care given such children, and that the	3155
requirements of the statutes and rules covering the management of	3156
such institutions and associations are being complied with, it	3157
shall issue to the institution or association a certificate to	3158
that effect. A certificate is valid for two years, unless sooner	3159
revoked by the department. When determining whether an institution	3160
or association meets a particular requirement for certification,	3161
the department may consider the institution or association to have	3162
met the requirement if the institution or association shows to the	3163
department's satisfaction that it has met a comparable requirement	3164
to be accredited by a nationally recognized accreditation	3165
organization.	3166

(3) The department may issue a temporary certificate valid	3167
for less than one year authorizing an institution or association	3168
to operate until minimum requirements have been met.	3169

(4) An institution or association that knowingly makes a	3170
false statement that is included as a part of certification under	3171
this section is guilty of the offense of falsification under	3172
section 2921.13 of the Revised Code and the department shall not	3173
certify that institution or association.	3174

(5) The department shall not issue a certificate to a	3175
prospective foster home or prospective specialized foster home	3176
pursuant to this section if the prospective foster home or	3177
prospective specialized foster home operates as a type A family	3178
day-care home pursuant to Chapter 5104. of the Revised Code. The	3179
department shall not issue a certificate to a prospective	3180
specialized foster home if the prospective specialized foster home	3181
operates a type B family day-care home pursuant to Chapter 5104.	3182
of the Revised Code.	3183

(C) The department may revoke a certificate if it finds that	3184
the institution or association is in violation of law or rule. No	3185
juvenile court shall commit a child to an association or	3186
institution that is required to be certified under this section if	3187
its certificate has been revoked or, if after revocation, the date	3188
of reissue is less than fifteen months prior to the proposed	3189
commitment.	3190

(D) Every two years, on a date specified by the department,	3191
each institution or association desiring certification or	3192
recertification shall submit to the department a report showing	3193
its condition, management, competency to care adequately for the	3194
children who have been or may be committed to it or to whom it	3195
provides care or services, the system of visitation it employs for	3196
children placed in private homes, and other information the	3197
department requires.	3198

(E) The department shall, not less than once each year, send	3199
a list of certified institutions and associations to each juvenile	3200
court and certified association or institution.	3201

(F) No person shall receive children or receive or solicit	3202
money on behalf of such an institution or association not so	3203
certified or whose certificate has been revoked.	3204

(G)(1) The director may delegate by rule any duties imposed	3205
on it by this section to inspect and approve family foster homes	3206
and specialized foster homes to public children services agencies,	3207
private child placing agencies, or private noncustodial agencies.	3208

(2) The director shall adopt rules that require a foster	3209
caregiver or other individual certified to operate a foster home	3210
under this section to notify the recommending agency that the	3211
foster caregiver or other individual is certified to operate a	3212
type B family day-care home under Chapter 5104. of the Revised	3213
Code.	3214

(H) If the director of job and family services determines	3215
that an institution or association that cares for children is	3216
operating without a certificate, the director may petition the	3217
court of common pleas in the county in which the institution or	3218
association is located for an order enjoining its operation. The	3219
court shall grant injunctive relief upon a showing that the	3220
institution or association is operating without a certificate.	3221

(I) If both of the following are the case, the director of	3222
job and family services may petition the court of common pleas of	3223
any county in which an institution or association that holds a	3224
certificate under this section operates for an order, and the	3225
court may issue an order, preventing the institution or	3226
association from receiving additional children into its care or an	3227
order removing children from its care:	3228

(1) The department has evidence that the life, health, or	3229
safety of one or more children in the care of the institution or	3230
association is at imminent risk.	3231

(2) The department has issued a proposed adjudication order	3232
pursuant to Chapter 119. of the Revised Code to deny renewal of or	3233
revoke the certificate of the institution or association.	3234

Sec. 5103.0319.  (A) No foster caregiver or prospective	3235
foster caregiver shall fail to notify the recommending agency that	3236
recommended or is recommending the foster caregiver or prospective	3237
foster caregiver for certification in writing if a person at least	3238
twelve years of age but less than eighteen years of age residing	3239
with the foster caregiver or prospective foster caregiver has been	3240
convicted of or pleaded guilty to any of the following or has been	3241
adjudicated to be a delinquent child for committing an act that if	3242
committed by an adult would have constituted such a violation:	3243

(1) A violation of section 2903.01, 2903.02, 2903.03,	3244
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3245
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	3246
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	3247
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	3248
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	3249
2919.24, 2919.25, 2923.12, 2923,13, 2923.161, 2925.02, 2925.03,	3250
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a	3251
violation of section 2905.04 of the Revised Code as it existed	3252
prior to July 1, 1996, a violation of section 2919.23 of the	3253
Revised Code that would have been a violation of section 2905.04	3254
of the Revised Code as it existed prior to July 1, 1996, had the	3255
violation been committed prior to that date, a violation of	3256
section 2925.11 of the Revised Code that is not a minor drug	3257
possession offense, a violation of section 2923.01 of the Revised	3258
Code that involved an attempt to commit aggravated murder or	3259
murder, an OVI or OVUAC violation if the person previously was	3260
convicted of or pleaded guilty to one or more OVI or OVUAC	3261
violations within the three years immediately preceding the	3262
current violation, or felonious sexual penetration in violation of	3263
former section 2907.12 of the Revised Code;	3264

(2) An offense that would be a felony if committed by an	3265
adult and the court determined that the child, if an adult, would	3266
be guilty of a specification found in section 2941.141, 2941.144,	3267
or 2941.145 of the Revised Code or in another section of the	3268
Revised Code that relates to the possession or use of a firearm,	3269
as defined in section 2923.11 of the Revised Code, during the	3270
commission of the act for which the child was adjudicated a	3271
delinquent child;	3272

(3) A violation of an existing or former law of this state,	3273
any other state, or the United States that is substantially	3274
equivalent to any of the offenses described in division (A)(1) or	3275
(2) of this section.	3276

(B) If a recommending agency learns that a foster caregiver	3277
has failed to comply with division (A) of this section, it shall	3278
notify the department of job and family services and the	3279
department shall revoke the foster caregiver's foster home	3280
certificate.	3281

(C) As used in this section, "OVI or OVUAC violation" means a	3282
violation of section 4511.19 of the Revised Code or a violation of	3283
an existing or former law of this state, any other state, or the	3284
United States that is substantially equivalent to section 4511.19	3285
of the Revised Code.	3286

Sec. 5103.0326. (A) A recommending agency may recommend that	3287
the department of job and family services not renew a foster home	3288
certificate under section 5103.03 of the Revised Code if the	3289
foster caregiver refused to accept the placement of any children	3290
into the foster home during the current certification period.	3291
Based on the agency's recommendation, the department may refuse to	3292
renew a foster home certificate.	3293

(B) The department of job and family services may revoke the	3294
certification of any foster caregiver who has not cared for one or	3295
more foster children in the foster caregiver's home within the	3296
preceding twelve months. Prior to the revocation of any	3297
certification pursuant to this division, the recommending agency	3298
shall have the opportunity to provide good cause for the	3299
department to continue the certification and not revoke the	3300
certification. If the department decides to revoke the	3301
certification, the department shall notify the recommending agency	3302
that the certification will be revoked.	3303

Sec. 5103.0328. (A) Not later than ninety-six hours after	3304
receiving notice from the superintendent of the bureau of criminal	3305
identification and investigation pursuant to section 109.581 of	3306
the Revised Code that a foster caregiver has been convicted of or	3307
pleaded guilty to any foster caregiver-disqualifying offense, and	3308
not later than ninety-six hours after learning in any other manner	3309
that a foster caregiver has been convicted of or pleaded guilty to	3310
any foster caregiver-disqualifying offense, the department of job	3311
and family services shall provide notice of that conviction or	3312
guilty plea to the recommending agency relative to the foster	3313
caregiver.	3314

(B) If a recommending agency receives notice from the	3315
department of job and family services pursuant to division (A) of	3316
this section that a foster caregiver has been convicted of or	3317
pleaded guilty to any foster caregiver-disqualifying offense, or	3318
if a recommending agency learns in any other manner that a foster	3319
caregiver has been convicted of or pleaded guilty to any foster	3320
caregiver-disqualifying offense, the recommending agency shall	3321
assess the foster caregiver's overall situation for safety	3322
concerns and forward any recommendations, if applicable, for	3323
revoking the foster caregiver's certificate to the department for	3324
the department's review for possible revocation.	3325

(C) As used in this section, "foster caregiver-disqualifying	3326
offense" means any offense or violation listed or described in	3327
division (C)(1)(a) or (b) of section 2151.86 of the Revised Code.	3328

Sec. 5103.16.  (A) Pursuant to section 5103.18 of the Revised	3329
Code and exceptExcept as otherwise provided in this section, no	3330
child shall be placed or accepted for placement under any written	3331
or oral agreement or understanding that transfers or surrenders	3332
the legal rights, powers, or duties of the legal parent, parents,	3333
or guardian of the child into the temporary or permanent custody	3334
of any association or institution that is not certified by the	3335
department of job and family services under section 5103.03 of the	3336
Revised Code, without the written consent of the office in the	3337
department that oversees the interstate compact on placement of	3338
children established under section 5103.20 of the Revised Code, or	3339
by a commitment of a juvenile court, or by a commitment of a	3340
probate court as provided in this section. A child may be placed	3341
temporarily without written consent or court commitment with	3342
persons related by blood or marriage or in a legally licensed	3343
boarding home.	3344

(B)(1) Associations and institutions certified under section	3345
5103.03 of the Revised Code for the purpose of placing children in	3346
free foster homes or for legal adoption shall keep a record of the	3347
temporary and permanent surrenders of children. This record shall	3348
be available for separate statistics, which shall include a copy	3349
of an official birth record and all information concerning the	3350
social, mental, and medical history of the children that will aid	3351
in an intelligent disposition of the children in case that becomes	3352
necessary because the parents or guardians fail or are unable to	3353
reassume custody.	3354

(2) No child placed on a temporary surrender with an	3355
association or institution shall be placed permanently in a foster	3356
home or for legal adoption. All surrendered children who are	3357
placed permanently in foster homes or for adoption shall have been	3358
permanently surrendered, and a copy of the permanent surrender	3359
shall be a part of the separate record kept by the association or	3360
institution.	3361

(C) Any agreement or understanding to transfer or surrender	3362
the legal rights, powers, or duties of the legal parent or parents	3363
and place a child with a person seeking to adopt the child under	3364
this section shall be construed to contain a promise by the person	3365
seeking to adopt the child to pay the expenses listed in divisions	3366
(C)(1), (2), and (4) of section 3107.055 of the Revised Code and,	3367
if the person seeking to adopt the child refuses to accept	3368
placement of the child, to pay the temporary costs of routine	3369
maintenance and medical care for the child in a hospital, foster	3370
home, or other appropriate place for up to thirty days or until	3371
other custody is established for the child, as provided by law,	3372
whichever is less.	3373

(D) No child shall be placed or received for adoption or with	3374
intent to adopt unless placement is made by a public children	3375
services agency, an institution or association that is certified	3376
by the department of job and family services under section 5103.03	3377
of the Revised Code to place children for adoption, or custodians	3378
in another state or foreign country, or unless all of the	3379
following criteria are met:	3380

(1) Prior to the placement and receiving of the child, the	3381
parent or parents of the child personally have applied to, and	3382
appeared before, the probate court of the county in which the	3383
parent or parents reside, or in which the person seeking to adopt	3384
the child resides, for approval of the proposed placement	3385
specified in the application and have signed and filed with the	3386
court a written statement showing that the parent or parents are	3387
aware of their right to contest the decree of adoption subject to	3388
the limitations of section 3107.16 of the Revised Code;	3389

(2) The court ordered an independent home study of the	3390
proposed placement to be conducted as provided in section 3107.031	3391
of the Revised Code, and after completion of the home study, the	3392
court determined that the proposed placement is in the best	3393
interest of the child;	3394

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

3395

In determining whether a custodian has authority to place	3396
children for adoption under the laws of a foreign country, the	3397
probate court shall determine whether the child has been released	3398
for adoption pursuant to the laws of the country in which the	3399
child resides, and if the release is in a form that satisfies the	3400
requirements of the immigration and naturalization service of the	3401
United States department of justice for purposes of immigration to	3402
this country pursuant to section 101(b)(1)(F) of the "Immigration	3403
and Nationality Act," 75 Stat. 650 (1961), 8 U.S.C. 1101	3404
(b)(1)(F), as amended or reenacted.	3405

If the parent or parents of the child are deceased or have	3406
abandoned the child, as determined under division (A) of section	3407
3107.07 of the Revised Code, the application for approval of the	3408
proposed adoptive placement may be brought by the relative seeking	3409
to adopt the child, or by the department, board, or organization	3410
not otherwise having legal authority to place the orphaned or	3411
abandoned child for adoption, but having legal custody of the	3412
orphaned or abandoned child, in the probate court of the county in	3413
which the child is a resident, or in which the department, board,	3414
or organization is located, or where the person or persons with	3415
whom the child is to be placed reside. Unless the parent, parents,	3416
or guardian of the person of the child personally have appeared	3417
before the court and applied for approval of the placement, notice	3418
of the hearing on the application shall be served on the parent,	3419
parents, or guardian.	3420

The consent to placement, surrender, or adoption executed by	3421
a minor parent before a judge of the probate court or an	3422
authorized deputy or referee of the court, whether executed within	3423
or outside the confines of the court, is as valid as though	3424
executed by an adult. A consent given as above before an employee	3425
of a children services agency that is licensed as provided by law,	3426
is equally effective, if the consent also is accompanied by an	3427
affidavit executed by the witnessing employee or employees to the	3428
effect that the legal rights of the parents have been fully	3429
explained to the parents, prior to the execution of any consent,	3430
and that the action was done after the birth of the child.	3431

If the court approves a placement, the prospective adoptive	3432
parent with whom the child is placed has care, custody, and	3433
control of the child pending further order of the court.	3434

(E) This section does not apply to an adoption by a	3435
stepparent, a grandparent, or a guardian.	3436

Sec. 5103.18.  (A)(1) Prior to placementcertification or	3437
recertification as a foster home under section 5103.165103.03 of	3438
the Revised Code, an association or institution certified to place	3439
a child into a foster homea recommending agency shall include	3440
obtain a summary report of a search of the uniform statewide	3441
automated child welfare information system, established inunder	3442
section 5101.13 of the Revised Code with records required under	3443
division (B)(1) of section 5103.16 of the Revised Code, from an	3444
entity listed in section 5101.132 of the Revised Code.	3445

(2) Whenever a prospective foster parent or any other person	3446
eighteen years of age or older who resides with a prospective	3447
foster parent has resided in another state within the five-year	3448
period immediately prior to the date on which a criminal records	3449
check is requested for the person under division (A) of section	3450
2151.86 of the Revised Code, the recommending agency shall request	3451
a check of the central registry of abuse and neglect of this state	3452
from the department of job and family services regarding the	3453
prospective foster parent or the person eighteen years of age or	3454
older who resides with the prospective foster parent to enable the	3455
agency to check any child abuse and neglect registry maintained by	3456
that other state. The recommending agency shall make the request	3457
and shall review the results of the check before the prospective	3458
foster parent may be finally approved for placement of a child.	3459
Information received pursuant to such a request shall be	3460
considered for purposes of this chapter as if it were a summary	3461
report required under division (A) of this section. The department	3462
of job and family services shall comply with any request to check	3463
the central registry that is similar to the request described in	3464
this division and that is received from any other state.	3465

(B)(1) The summary report required under division (A) of this	3466
section shall contain, if applicable, a chronological list of	3467
abuse and neglect determinations or allegations of which a person	3468
seeking to become a foster caregiver of a child is subject and in	3469
regards to which a public children services agency has done one of	3470
the following:	3471

(a) Determined that abuse or neglect occurred;

3472

(b) Initiated an investigation, and the investigation is	3473
ongoing;	3474

(c) Initiated an investigation, and the agency was unable to	3475
determine whether abuse or neglect occurred.	3476

(2) The summary report required under division (A) of this	3477
section shall not contain any of the following:	3478

(a) An abuse and neglect determination of which a person	3479
seeking to become a foster caregiver of a child is subject and in	3480
regards to which a public children services agency determined that	3481
abuse or neglect did not occur;	3482

(b) Information or reports the dissemination of which is	3483
prohibited by, or interferes with eligibility under, the "Child	3484
Abuse Prevention and Treatment Act," 88 Stat. 4 (1974), 42 U.S.C.	3485
5101 et seq., as amended;	3486

(c) The name of the person who or entity that made, or	3487
participated in the making of, the report of abuse or neglect.	3488

(C)(1) A foster placementhome certification or	3489
recertification may be denied based on a summary report containing	3490
the information described under division (B)(1)(a) of this	3491
section, when considered within the totality of the circumstances.	3492

(2) A foster placementhome certification or recertification	3493
shall not be denied solely based on a summary report containing	3494
the information described under division (B)(1)(b) or (c) of this	3495
section.	3496

(D) Not later than January 1, 2008, the director of job and	3497
family services shall adopt rules in accordance with Chapter 119.	3498
of the Revised Code necessary for the implementation and execution	3499
of this section.	3500

Sec. 5104.011.  (A) The director of job and family services	3501
shall adopt rules pursuant to Chapter 119. of the Revised Code	3502
governing the operation of child day-care centers, including, but	3503
not limited to, parent cooperative centers, part-time centers,	3504
drop-in centers, and school child centers, which rules shall	3505
reflect the various forms of child care and the needs of children	3506
receiving child care or publicly funded child care and shall	3507
include specific rules for school child care centers that are	3508
developed in consultation with the department of education. The	3509
rules shall not require an existing school facility that is in	3510
compliance with applicable building codes to undergo an additional	3511
building code inspection or to have structural modifications. The	3512
rules shall include the following:	3513

(1) Submission of a site plan and descriptive plan of	3514
operation to demonstrate how the center proposes to meet the	3515
requirements of this chapter and rules adopted pursuant to this	3516
chapter for the initial license application;	3517

(2) Standards for ensuring that the physical surroundings of	3518
the center are safe and sanitary including, but not limited to,	3519
the physical environment, the physical plant, and the equipment of	3520
the center;	3521

(3) Standards for the supervision, care, and discipline of	3522
children receiving child care or publicly funded child care in the	3523
center;	3524

(4) Standards for a program of activities, and for play	3525
equipment, materials, and supplies, to enhance the development of	3526
each child; however, any educational curricula, philosophies, and	3527
methodologies that are developmentally appropriate and that	3528
enhance the social, emotional, intellectual, and physical	3529
development of each child shall be permissible. As used in this	3530
division, "program" does not include instruction in religious or	3531
moral doctrines, beliefs, or values that is conducted at child	3532
day-care centers owned and operated by churches and does include	3533
methods of disciplining children at child day-care centers.	3534

(5) Admissions policies and procedures, health care policies	3535
and procedures, including, but not limited to, procedures for the	3536
isolation of children with communicable diseases, first aid and	3537
emergency procedures, procedures for discipline and supervision of	3538
children, standards for the provision of nutritious meals and	3539
snacks, and procedures for screening children and employees,	3540
including, but not limited to, any necessary physical examinations	3541
and immunizations;	3542

(6) Methods for encouraging parental participation in the	3543
center and methods for ensuring that the rights of children,	3544
parents, and employees are protected and that responsibilities of	3545
parents and employees are met;	3546

(7) Procedures for ensuring the safety and adequate	3547
supervision of children traveling off the premises of the center	3548
while under the care of a center employee;	3549

(8) Procedures for record keeping, organization, and	3550
administration;	3551

(9) Procedures for issuing, renewing, denying, and revoking a	3552
license that are not otherwise provided for in Chapter 119. of the	3553
Revised Code;	3554

(10) Inspection procedures;

3555

(11) Procedures and standards for setting initial and renewal	3556
license application fees;	3557

(12) Procedures for receiving, recording, and responding to	3558
complaints about centers;	3559

(13) Procedures for enforcing section 5104.04 of the Revised	3560
Code;	3561

(14) A standard requiring the inclusion, on and after July 1,	3562
1987, of a current department of job and family services toll-free	3563
telephone number on each center provisional license or license	3564
which any person may use to report a suspected violation by the	3565
center of this chapter or rules adopted pursuant to this chapter;	3566

(15) Requirements for the training of administrators and	3567
child-care staff members in first aid, in prevention, recognition,	3568
and management of communicable diseases, and in child abuse	3569
recognition and prevention. Training requirements for child	3570
day-care centers adopted under this division shall be consistent	3571
with divisions (B)(6) and (C)(1) of this section.	3572

(16) Procedures to be used by licensees for checking the	3573
references of potential employees of centers and procedures to be	3574
used by the director for checking the references of applicants for	3575
licenses to operate centers;	3576

(17) Standards providing for the special needs of children	3577
who are handicapped or who require treatment for health conditions	3578
while the child is receiving child care or publicly funded child	3579
care in the center;	3580

(18) A procedure for reporting of injuries of children that	3581
occur at the center;	3582

(19) Any other procedures and standards necessary to carry	3583
out this chapter.	3584

(B)(1) The child day-care center shall have, for each child	3585
for whom the center is licensed, at least thirty-five square feet	3586
of usable indoor floor space wall-to-wall regularly available for	3587
the child care operation exclusive of any parts of the structure	3588
in which the care of children is prohibited by law or by rules	3589
adopted by the board of building standards. The minimum of	3590
thirty-five square feet of usable indoor floor space shall not	3591
include hallways, kitchens, storage areas, or any other areas that	3592
are not available for the care of children, as determined by the	3593
director, in meeting the space requirement of this division, and	3594
bathrooms shall be counted in determining square footage only if	3595
they are used exclusively by children enrolled in the center,	3596
except that the exclusion of hallways, kitchens, storage areas,	3597
bathrooms not used exclusively by children enrolled in the center,	3598
and any other areas not available for the care of children from	3599
the minimum of thirty-five square feet of usable indoor floor	3600
space shall not apply to:	3601

(a) Centers licensed prior to or on September 1, 1986, that	3602
continue under licensure after that date;	3603

(b) Centers licensed prior to or on September 1, 1986, that	3604
are issued a new license after that date solely due to a change of	3605
ownership of the center.	3606

(2) The child day-care center shall have on the site a safe	3607
outdoor play space which is enclosed by a fence or otherwise	3608
protected from traffic or other hazards. The play space shall	3609
contain not less than sixty square feet per child using such space	3610
at any one time, and shall provide an opportunity for supervised	3611
outdoor play each day in suitable weather. The director may exempt	3612
a center from the requirement of this division, if an outdoor play	3613
space is not available and if all of the following are met:	3614

(a) The center provides an indoor recreation area that has	3615
not less than sixty square feet per child using the space at any	3616
one time, that has a minimum of one thousand four hundred forty	3617
square feet of space, and that is separate from the indoor space	3618
required under division (B)(1) of this section.	3619

(b) The director has determined that there is regularly	3620
available and scheduled for use a conveniently accessible and safe	3621
park, playground, or similar outdoor play area for play or	3622
recreation.	3623

(c) The children are closely supervised during play and while	3624
traveling to and from the area.	3625

The director also shall exempt from the requirement of this	3626
division a child day-care center that was licensed prior to	3627
September 1, 1986, if the center received approval from the	3628
director prior to September 1, 1986, to use a park, playground, or	3629
similar area, not connected with the center, for play or	3630
recreation in lieu of the outdoor space requirements of this	3631
section and if the children are closely supervised both during	3632
play and while traveling to and from the area and except if the	3633
director determines upon investigation and inspection pursuant to	3634
section 5104.04 of the Revised Code and rules adopted pursuant to	3635
that section that the park, playground, or similar area, as well	3636
as access to and from the area, is unsafe for the children.	3637

(3) The child day-care center shall have at least two	3638
responsible adults available on the premises at all times when	3639
seven or more children are in the center. The center shall	3640
organize the children in the center in small groups, shall provide	3641
child-care staff to give continuity of care and supervision to the	3642
children on a day-by-day basis, and shall ensure that no child is	3643
left alone or unsupervised. Except as otherwise provided in	3644
division (E) of this section, the maximum number of children per	3645
child-care staff member and maximum group size, by age category of	3646
children, are as follows:	3647

		Maximum Number of				3648
		Children Per		Maximum		3649
Age Category		Child-Care		Group		3650
of Children		Staff Member		Size		3651
(a) Infants:						3652
(i) Less than twelve						3653
months old		5:1, or				3654
		12:2 if two				3655
		child-care				3656
		staff members				3657
		are in the room		12		3658
(ii) At least twelve						3659
months old, but						3660
less than eighteen						3661
months old		6:1		12		3662
(b) Toddlers:						3663
(i) At least eighteen						3664
months old, but						3665
less than thirty						3666
months old		7:1		14		3667
(ii) At least thirty months						3668
old, but less than						3669
three years old		8:1		16		3670
(c) Preschool						3671
children:						3672
(i) Three years old		12:1		24		3673
(ii) Four years old and						3674
five years old who						3675
are not school						3676
children		14:1		28		3677
(d) School children:						3678
(i) A child who is						3679
enrolled in or is						3680
eligible to be						3681
enrolled in a grade						3682
of kindergarten						3683
or above, but						3684
is less than						3685
eleven years old		18:1		36		3686
(ii) Eleven through fourteen						3687
years old		20:1		40		3688

Except as otherwise provided in division (E) of this section,	3689
the maximum number of children per child-care staff member and	3690
maximum group size requirements of the younger age group shall	3691
apply when age groups are combined.	3692

(4)(a) The child day-care center administrator shall show the	3693
director both of the following:	3694

(i) Evidence of at least high school graduation or	3695
certification of high school equivalency by the state board of	3696
education or the appropriate agency of another state;	3697

(ii) Evidence of having completed at least two years of	3698
training in an accredited college, university, or technical	3699
college, including courses in child development or early childhood	3700
education, or at least two years of experience in supervising and	3701
giving daily care to children attending an organized group	3702
program.	3703

(b) In addition to the requirements of division (B)(4)(a) of	3704
this section, any administrator employed or designated on or after	3705
September 1, 1986, shall show evidence of, and any administrator	3706
employed or designated prior to September 1, 1986, shall show	3707
evidence within six years after such date of, at least one of the	3708
following:	3709

(i) Two years of experience working as a child-care staff	3710
member in a center and at least four courses in child development	3711
or early childhood education from an accredited college,	3712
university, or technical college, except that a person who has two	3713
years of experience working as a child-care staff member in a	3714
particular center and who has been promoted to or designated as	3715
administrator of that center shall have one year from the time the	3716
person was promoted to or designated as administrator to complete	3717
the required four courses;	3718

(ii) Two years of training, including at least four courses	3719
in child development or early childhood education from an	3720
accredited college, university, or technical college;	3721

(iii) A child development associate credential issued by the	3722
national child development associate credentialing commission;	3723

(iv) An associate or higher degree in child development or	3724
early childhood education from an accredited college, technical	3725
college, or university, or a license designated for teaching in an	3726
associate teaching position in a preschool setting issued by the	3727
state board of education.	3728

(5) All child-care staff members of a child day-care center	3729
shall be at least eighteen years of age, and shall furnish the	3730
director evidence of at least high school graduation or	3731
certification of high school equivalency by the state board of	3732
education or the appropriate agency of another state or evidence	3733
of completion of a training program approved by the department of	3734
job and family services or state board of education, except as	3735
follows:	3736

(a) A child-care staff member may be less than eighteen years	3737
of age if the staff member is either of the following:	3738

(i) A graduate of a two-year vocational child-care training	3739
program approved by the state board of education;	3740

(ii) A student enrolled in the second year of a vocational	3741
child-care training program approved by the state board of	3742
education which leads to high school graduation, provided that the	3743
student performs the student's duties in the child day-care center	3744
under the continuous supervision of an experienced child-care	3745
staff member, receives periodic supervision from the vocational	3746
child-care training program teacher-coordinator in the student's	3747
high school, and meets all other requirements of this chapter and	3748
rules adopted pursuant to this chapter.	3749

(b) A child-care staff member shall be exempt from the	3750
educational requirements of this division if the staff member:	3751

(i) Prior to January 1, 1972, was employed or designated by a	3752
child day-care center and has been continuously employed since	3753
either by the same child day-care center employer or at the same	3754
child day-care center; or	3755

(ii) Is a student enrolled in the second year of a vocational	3756
child-care training program approved by the state board of	3757
education which leads to high school graduation, provided that the	3758
student performs the student's duties in the child day-care center	3759
under the continuous supervision of an experienced child-care	3760
staff member, receives periodic supervision from the vocational	3761
child-care training program teacher-coordinator in the student's	3762
high school, and meets all other requirements of this chapter and	3763
rules adopted pursuant to this chapter.	3764

(6) Every child care staff member of a child day-care center	3765
annually shall complete fifteen hours of inservice training in	3766
child development or early childhood education, child abuse	3767
recognition and prevention, first aid, and in prevention,	3768
recognition, and management of communicable diseases, until a	3769
total of forty-five hours of training has been completed, unless	3770
the staff member furnishes one of the following to the director:	3771

(a) Evidence of an associate or higher degree in child	3772
development or early childhood education from an accredited	3773
college, university, or technical college;	3774

(b) A license designated for teaching in an associate	3775
teaching position in a preschool setting issued by the state board	3776
of education;	3777

(c) Evidence of a child development associate credential;

3778

(d) Evidence of a preprimary credential from the American	3779
Montessori society or the association Montessori international	3780
internationale. For the purposes of division (B)(6) of this	3781
section, "hour" means sixty minutes.	3782

(7) The administrator of each child day-care center shall	3783
prepare at least once annually and for each group of children at	3784
the center a roster of names and telephone numbers of parents,	3785
custodians, or guardians of each group of children attending the	3786
center and upon request shall furnish the roster for each group to	3787
the parents, custodians, or guardians of the children in that	3788
group. The administrator may prepare a roster of names and	3789
telephone numbers of all parents, custodians, or guardians of	3790
children attending the center and upon request shall furnish the	3791
roster to the parents, custodians, or guardians of the children	3792
who attend the center. The administrator shall not include in any	3793
roster the name or telephone number of any parent, custodian, or	3794
guardian who requests the administrator not to include the	3795
parent's, custodian's, or guardian's name or number and shall not	3796
furnish any roster to any person other than a parent, custodian,	3797
or guardian of a child who attends the center.	3798

(C)(1) Each child day-care center shall have on the center	3799
premises and readily available at all times at least one	3800
child-care staff member who has completed a course in first aid	3801
and in prevention, recognition, and management of communicable	3802
diseases which is approved by the state department of health and a	3803
staff member who has completed a course in child abuse recognition	3804
and prevention training which is approved by the department of job	3805
and family services.	3806

(2) The administrator of each child day-care center shall	3807
maintain enrollment, health, and attendance records for all	3808
children attending the center and health and employment records	3809
for all center employees. The records shall be confidential,	3810
except as otherwise provided in division (B)(7) of this section	3811
and except that they shall be disclosed by the administrator to	3812
the director upon request for the purpose of administering and	3813
enforcing this chapter and rules adopted pursuant to this chapter.	3814
Neither the center nor the licensee, administrator, or employees	3815
of the center shall be civilly or criminally liable in damages or	3816
otherwise for records disclosed to the director by the	3817
administrator pursuant to this division. It shall be a defense to	3818
any civil or criminal charge based upon records disclosed by the	3819
administrator to the director that the records were disclosed	3820
pursuant to this division.	3821

(3)(a) Any parent who is the residential parent and legal	3822
custodian of a child enrolled in a child day-care center and any	3823
custodian or guardian of such a child shall be permitted unlimited	3824
access to the center during its hours of operation for the	3825
purposes of contacting their children, evaluating the care	3826
provided by the center, evaluating the premises of the center, or	3827
for other purposes approved by the director. A parent of a child	3828
enrolled in a child day-care center who is not the child's	3829
residential parent shall be permitted unlimited access to the	3830
center during its hours of operation for those purposes under the	3831
same terms and conditions under which the residential parent of	3832
that child is permitted access to the center for those purposes.	3833
However, the access of the parent who is not the residential	3834
parent is subject to any agreement between the parents and, to the	3835
extent described in division (C)(3)(b) of this section, is subject	3836
to any terms and conditions limiting the right of access of the	3837
parent who is not the residential parent, as described in division	3838
(I) of section 3109.051 of the Revised Code, that are contained in	3839
a parenting time order or decree issued under that section,	3840
section 3109.12 of the Revised Code, or any other provision of the	3841
Revised Code.	3842

(b) If a parent who is the residential parent of a child has	3843
presented the administrator or the administrator's designee with a	3844
copy of a parenting time order that limits the terms and	3845
conditions under which the parent who is not the residential	3846
parent is to have access to the center, as described in division	3847
(I) of section 3109.051 of the Revised Code, the parent who is not	3848
the residential parent shall be provided access to the center only	3849
to the extent authorized in the order. If the residential parent	3850
has presented such an order, the parent who is not the residential	3851
parent shall be permitted access to the center only in accordance	3852
with the most recent order that has been presented to the	3853
administrator or the administrator's designee by the residential	3854
parent or the parent who is not the residential parent.	3855

(c) Upon entering the premises pursuant to division (C)(3)(a)	3856
or (b) of this section, the parent who is the residential parent	3857
and legal custodian, the parent who is not the residential parent,	3858
or the custodian or guardian shall notify the administrator or the	3859
administrator's designee of the parent's, custodian's, or	3860
guardian's presence.	3861

(D) The director of job and family services, in addition to	3862
the rules adopted under division (A) of this section, shall adopt	3863
rules establishing minimum requirements for child day-care	3864
centers. The rules shall include, but not be limited to, the	3865
requirements set forth in divisions (B) and (C) of this section.	3866
Except as provided in section 5104.07 of the Revised Code, the	3867
rules shall not change the square footage requirements of division	3868
(B)(1) or (2) of this section; the maximum number of children per	3869
child-care staff member and maximum group size requirements of	3870
division (B)(3) of this section; the educational and experience	3871
requirements of division (B)(4) of this section; the age,	3872
educational, and experience requirements of division (B)(5) of	3873
this section; the number of inservice training hours required	3874
under division (B)(6) of this section; or the requirement for at	3875
least annual preparation of a roster for each group of children of	3876
names and telephone numbers of parents, custodians, or guardians	3877
of each group of children attending the center that must be	3878
furnished upon request to any parent, custodian, or guardian of	3879
any child in that group required under division (B)(7) of this	3880
section; however, the rules shall provide procedures for	3881
determining compliance with those requirements.	3882

(E)(1) When age groups are combined, the maximum number of	3883
children per child-care staff member shall be determined by the	3884
age of the youngest child in the group, except that when no more	3885
than one child thirty months of age or older receives services in	3886
a group in which all the other children are in the next older age	3887
group, the maximum number of children per child-care staff member	3888
and maximum group size requirements of the older age group	3889
established under division (B)(3) of this section shall apply.	3890

(2) The maximum number of toddlers or preschool children per	3891
child-care staff member in a room where children are napping shall	3892
be twice the maximum number of children per child-care staff	3893
member established under division (B)(3) of this section if all	3894
the following criteria are met:	3895

(a) At least one child-care staff member is present in the	3896
room.	3897

(b) Sufficient child-care staff members are on the child	3898
day-care center premises to meet the maximum number of children	3899
per child-care staff member requirements established under	3900
division (B)(3) of this section.	3901

(c) Naptime preparations are complete and all napping	3902
children are resting or sleeping on cots.	3903

(d) The maximum number established under division (E)(2) of	3904
this section is in effect for no more than one and one-half hours	3905
during a twenty-four-hour day.	3906

(F) The director of job and family services shall adopt rules	3907
pursuant to Chapter 119. of the Revised Code governing the	3908
operation of type A family day-care homes, including, but not	3909
limited to, parent cooperative type A homes, part-time type A	3910
homes, drop-in type A homes, and school child type A homes, which	3911
shall reflect the various forms of child care and the needs of	3912
children receiving child care. The rules shall include the	3913
following:	3914

(1) Submission of a site plan and descriptive plan of	3915
operation to demonstrate how the type A home proposes to meet the	3916
requirements of this chapter and rules adopted pursuant to this	3917
chapter for the initial license application;	3918

(2) Standards for ensuring that the physical surroundings of	3919
the type A home are safe and sanitary, including, but not limited	3920
to, the physical environment, the physical plant, and the	3921
equipment of the type A home;	3922

(3) Standards for the supervision, care, and discipline of	3923
children receiving child care or publicly funded child care in the	3924
type A home;	3925

(4) Standards for a program of activities, and for play	3926
equipment, materials, and supplies, to enhance the development of	3927
each child; however, any educational curricula, philosophies, and	3928
methodologies that are developmentally appropriate and that	3929
enhance the social, emotional, intellectual, and physical	3930
development of each child shall be permissible;	3931

(5) Admissions policies and procedures, health care policies	3932
and procedures, including, but not limited to, procedures for the	3933
isolation of children with communicable diseases, first aid and	3934
emergency procedures, procedures for discipline and supervision of	3935
children, standards for the provision of nutritious meals and	3936
snacks, and procedures for screening children and employees,	3937
including, but not limited to, any necessary physical examinations	3938
and immunizations;	3939

(6) Methods for encouraging parental participation in the	3940
type A home and methods for ensuring that the rights of children,	3941
parents, and employees are protected and that the responsibilities	3942
of parents and employees are met;	3943

(7) Procedures for ensuring the safety and adequate	3944
supervision of children traveling off the premises of the type A	3945
home while under the care of a type A home employee;	3946

(8) Procedures for record keeping, organization, and	3947
administration;	3948

(9) Procedures for issuing, renewing, denying, and revoking a	3949
license that are not otherwise provided for in Chapter 119. of the	3950
Revised Code;	3951

(10) Inspection procedures;

3952

(11) Procedures and standards for setting initial and renewal	3953
license application fees;	3954

(12) Procedures for receiving, recording, and responding to	3955
complaints about type A homes;	3956

(13) Procedures for enforcing section 5104.04 of the Revised	3957
Code;	3958

(14) A standard requiring the inclusion, on or after July 1,	3959
1987, of a current department of job and family services toll-free	3960
telephone number on each type A home provisional license or	3961
license which any person may use to report a suspected violation	3962
by the type A home of this chapter or rules adopted pursuant this	3963
chapter;	3964

(15) Requirements for the training of administrators and	3965
child-care staff members in first aid, in prevention, recognition,	3966
and management of communicable diseases, and in child abuse	3967
recognition and prevention;	3968

(16) Procedures to be used by licensees for checking the	3969
references of potential employees of type A homes and procedures	3970
to be used by the director for checking the references of	3971
applicants for licenses to operate type A homes;	3972

(17) Standards providing for the special needs of children	3973
who are handicapped or who require treatment for health conditions	3974
while the child is receiving child care or publicly funded child	3975
care in the type A home;	3976

(18) Standards for the maximum number of children per	3977
child-care staff member;	3978

(19) Requirements for the amount of usable indoor floor space	3979
for each child;	3980

(20) Requirements for safe outdoor play space;

3981

(21) Qualifications and training requirements for	3982
administrators and for child-care staff members;	3983

(22) Procedures for granting a parent who is the residential	3984
parent and legal custodian, or a custodian or guardian access to	3985
the type A home during its hours of operation;	3986

(23) Standards for the preparation and distribution of a	3987
roster of parents, custodians, and guardians;	3988

(24) Any other procedures and standards necessary to carry	3989
out this chapter.	3990

(G) The director of job and family services shall adopt rules	3991
pursuant to Chapter 119. of the Revised Code governing the	3992
certification of type B family day-care homes.	3993

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

3994

(a) Procedures, standards, and other necessary provisions for	3995
granting limited certification to type B family day-care homes	3996
that are operated by the following adult providers:	3997

(a)(i) Persons who provide child care for eligible children	3998
who are great-grandchildren, grandchildren, nieces, nephews, or	3999
siblings of the provider or for eligible children whose caretaker	4000
parent is a grandchild, child, niece, nephew, or sibling of the	4001
provider;	4002

(b)(ii) Persons who provide child care for eligible children	4003
all of whom are the children of the same caretaker parent.;	4004

The rules shall require, and shall include procedures(b)	4005
Procedures for the director to ensure, that type B family day-care	4006
homes that receive a limited certification provide child care to	4007
children in a safe and sanitary manner;	4008

(c) Requirements for the type B home to notify parents with	4009
children in the type B home that the type B home is also certified	4010
as a foster home under section 5103.03 of the Revised Code. With	4011

With regard to providers who apply for limited certification,	4012
a provider shall be granted a provisional limited certification on	4013
signing a declaration under oath attesting that the provider meets	4014
the standards for limited certification. Such provisional limited	4015
certifications shall remain in effect for no more than sixty	4016
calendar days and shall entitle the provider to offer publicly	4017
funded child care during the provisional period. Except as	4018
otherwise provided in division (G)(1) of this section, section	4019
5104.013 or 5104.09 of the Revised Code, or division (A)(2) of	4020
section 5104.11 of the Revised Code, prior to the expiration of	4021
the provisional limited certificate, a county department of job	4022
and family services shall inspect the home and shall grant limited	4023
certification to the provider if the provider meets the	4024
requirements of this division. Limited certificates remain valid	4025
for two years unless earlier revoked. Except as otherwise provided	4026
in division (G)(1) of this section, providers operating under	4027
limited certification shall be inspected annually.	4028

If a provider is a person described in division (G)(1)(a)(i)	4029
of this section or a person described in division (G)(1)(b)(a)(ii)	4030
of this section who is a friend of the caretaker parent, the	4031
provider and the caretaker parent may verify in writing to the	4032
county department of job and family services that minimum health	4033
and safety requirements are being met in the home. Except as	4034
otherwise provided in section 5104.013 or 5104.09 or in division	4035
(A)(2) of section 5104.11 of the Revised Code, if such	4036
verification is provided, the county shall waive any inspection	4037
required by this chapter and grant limited certification to the	4038
provider.	4039

(2) The rules shall provide for safeguarding the health,	4040
safety, and welfare of children receiving child care or publicly	4041
funded child care in a certified type B home and shall include the	4042
following:	4043

(a) Standards for ensuring that the type B home and the	4044
physical surroundings of the type B home are safe and sanitary,	4045
including, but not limited to, physical environment, physical	4046
plant, and equipment;	4047

(b) Standards for the supervision, care, and discipline of	4048
children receiving child care or publicly funded child care in the	4049
home;	4050

(c) Standards for a program of activities, and for play	4051
equipment, materials, and supplies to enhance the development of	4052
each child; however, any educational curricula, philosophies, and	4053
methodologies that are developmentally appropriate and that	4054
enhance the social, emotional, intellectual, and physical	4055
development of each child shall be permissible;	4056

(d) Admission policies and procedures, health care, first aid	4057
and emergency procedures, procedures for the care of sick	4058
children, procedures for discipline and supervision of children,	4059
nutritional standards, and procedures for screening children and	4060
authorized providers, including, but not limited to, any necessary	4061
physical examinations and immunizations;	4062

(e) Methods of encouraging parental participation and	4063
ensuring that the rights of children, parents, and authorized	4064
providers are protected and the responsibilities of parents and	4065
authorized providers are met;	4066

(f) Standards for the safe transport of children when under	4067
the care of authorized providers;	4068

(g) Procedures for issuing, renewing, denying, refusing to	4069
renew, or revoking certificates;	4070

(h) Procedures for the inspection of type B family day-care	4071
homes that require, at a minimum, that each type B family day-care	4072
home be inspected prior to certification to ensure that the home	4073
is safe and sanitary;	4074

(i) Procedures for record keeping and evaluation;

4075

(j) Procedures for receiving, recording, and responding to	4076
complaints;	4077

(k) Standards providing for the special needs of children who	4078
are handicapped or who receive treatment for health conditions	4079
while the child is receiving child care or publicly funded child	4080
care in the type B home;	4081

(l) Requirements for the amount of usable indoor floor space	4082
for each child;	4083

(m) Requirements for safe outdoor play space;

4084

(n) Qualification and training requirements for authorized	4085
providers;	4086

(o) Procedures for granting a parent who is the residential	4087
parent and legal custodian, or a custodian or guardian access to	4088
the type B home during its hours of operation;	4089

(p) Requirements for the type B home to notify parents with	4090
children in the type B home that the type B home is also certified	4091
as a foster home under section 5103.03 of the Revised Code;	4092

(q) Any other procedures and standards necessary to carry out	4093
this chapter.	4094

(H) The director shall adopt rules pursuant to Chapter 119.	4095
of the Revised Code governing the certification of in-home aides.	4096
The rules shall include procedures, standards, and other necessary	4097
provisions for granting limited certification to in-home aides who	4098
provide child care for eligible children who are	4099
great-grandchildren, grandchildren, nieces, nephews, or siblings	4100
of the in-home aide or for eligible children whose caretaker	4101
parent is a grandchild, child, niece, nephew, or sibling of the	4102
in-home aide. The rules shall require, and shall include	4103
procedures for the director to ensure, that in-home aides that	4104
receive a limited certification provide child care to children in	4105
a safe and sanitary manner. The rules shall provide for	4106
safeguarding the health, safety, and welfare of children receiving	4107
publicly funded child care in their own home and shall include the	4108
following:	4109

(1) Standards for ensuring that the child's home and the	4110
physical surroundings of the child's home are safe and sanitary,	4111
including, but not limited to, physical environment, physical	4112
plant, and equipment;	4113

(2) Standards for the supervision, care, and discipline of	4114
children receiving publicly funded child care in their own home;	4115

(3) Standards for a program of activities, and for play	4116
equipment, materials, and supplies to enhance the development of	4117
each child; however, any educational curricula, philosophies, and	4118
methodologies that are developmentally appropriate and that	4119
enhance the social, emotional, intellectual, and physical	4120
development of each child shall be permissible;	4121

(4) Health care, first aid, and emergency procedures,	4122
procedures for the care of sick children, procedures for	4123
discipline and supervision of children, nutritional standards, and	4124
procedures for screening children and in-home aides, including,	4125
but not limited to, any necessary physical examinations and	4126
immunizations;	4127

(5) Methods of encouraging parental participation and	4128
ensuring that the rights of children, parents, and in-home aides	4129
are protected and the responsibilities of parents and in-home	4130
aides are met;	4131

(6) Standards for the safe transport of children when under	4132
the care of in-home aides;	4133

(7) Procedures for issuing, renewing, denying, refusing to	4134
renew, or revoking certificates;	4135

(8) Procedures for inspection of homes of children receiving	4136
publicly funded child care in their own homes;	4137

(9) Procedures for record keeping and evaluation;

4138

(10) Procedures for receiving, recording, and responding to	4139
complaints;	4140

(11) Qualifications and training requirements for in-home	4141
aides;	4142

(12) Standards providing for the special needs of children	4143
who are handicapped or who receive treatment for health conditions	4144
while the child is receiving publicly funded child care in the	4145
child's own home;	4146

(13) Any other procedures and standards necessary to carry	4147
out this chapter.	4148

(I) To the extent that any rules adopted for the purposes of	4149
this section require a health care professional to perform a	4150
physical examination, the rules shall include as a health care	4151
professional a physician assistant, a clinical nurse specialist, a	4152
certified nurse practitioner, or a certified nurse-midwife.	4153

(J)(1) The director of job and family services shall do all	4154
of the following:	4155

(a) SendProvide or make available in either paper or	4156
electronic form to each licensee notice of proposed rules	4157
governing the licensure of child day-care centers and type A	4158
homes;	4159

(b) Give public notice of hearings regarding the rules to	4160
each licensee at least thirty days prior to the date of the	4161
public hearing, in accordance with section 119.03 of the Revised	4162
Code;	4163

(c) At least thirty days before the effective date of a rule,	4164
provide, in either paper or electronic form, a copy of the adopted	4165
rule to each licensee.	4166

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

4167

(a) Send to each county director of job and family services a	4168
notice of proposed rules governing the certification of type B	4169
family homes and in-home aides that includes an internet web site	4170
address where the proposed rules can be viewed;	4171

(b) Give public notice of hearings regarding the proposed	4172
rules not less than thirty days in advance;	4173

(c) Provide to each county director of job and family	4174
services an electronic copy of each adopted rule at least	4175
forty-five days prior to the rule's effective date.	4176

(3) The county director of job and family services shall send	4177
copies of proposed rulesprovide or make available in either paper	4178
or electronic form to each authorized provider and in-home aide	4179
copies of proposed rules and shall give public notice of hearings	4180
regarding the rules to each authorized provider and in-home aide	4181
at least thirty days prior to the date of the public hearing, in	4182
accordance with section 119.03 of the Revised Code. At least	4183
thirty days before the effective date of a rule, the county	4184
director of job and family services shall provide, in either paper	4185
or electronic form, copies of the adopted rule to each authorized	4186
provider and in-home aide.	4187

(4) Additional copies of proposed and adopted rules shall be	4188
made available by the director of job and family services to the	4189
public on request at no charge.	4190

(5) The director of job and family services shall recommend	4191
standards for imposing sanctions on persons and entities that are	4192
licensed or certified under this chapter and that violate any	4193
provision of this chapter. The standards shall be based on the	4194
scope and severity of the violations. The director shall provide	4195
copies of the recommendations to the governor, the speaker and	4196
minority leader of the house of representatives, and the president	4197
and minority leader of the senate and, on request, shall make	4198
copies available to the public.	4199

(6) The director of job and family services shall adopt rules	4200
pursuant to Chapter 119. of the Revised Code that establish	4201
standards for the training of individuals whom any county	4202
department of job and family services employs, with whom any	4203
county department of job and family services contracts, or with	4204
whom the director of job and family services contracts, to inspect	4205
or investigate type B family day-care homes pursuant to section	4206
5104.11 of the Revised Code. The department shall provide training	4207
in accordance with those standards for individuals in the	4208
categories described in this division.	4209

(K) The director of job and family services shall review all	4210
rules adopted pursuant to this chapter at least once every seven	4211
years.	4212

(L) Notwithstanding any provision of the Revised Code, the	4213
director of job and family services shall not regulate in any way	4214
under this chapter or rules adopted pursuant to this chapter,	4215
instruction in religious or moral doctrines, beliefs, or values.	4216

Sec. 5104.012.  (A)(1) TheAt the times specified in this	4217
division, the administrator of a child day-care center or a type A	4218
family day-care home and the provider of a certified type B family	4219
day-care home shall request the superintendent of the bureau of	4220
criminal identification and investigation to conduct a criminal	4221
records check with respect to any applicant who has applied to the	4222
center,or type A home, or certified type B home for employment as	4223
a person responsible for the care, custody, or control of a child.	4224
If the applicant does not present proof that the applicant has	4225
been a resident of this state for the five-year period immediately	4226
prior to the date upon which the criminal records check is	4227
requested or does not provide evidence that within that five-year	4228
period the superintendent has requested information about the	4229
applicant from the federal bureau of investigation in a criminal	4230
records check	4231

The administrator shall request a criminal records check	4232
pursuant to this division at the time of the applicant's initial	4233
application for employment and every four years thereafter at the	4234
time of a license renewal. When the administrator requests	4235
pursuant to this division a criminal records check for an	4236
applicant at the time of the applicant's initial application for	4237
employment, the administrator or provider shall request that the	4238
superintendent obtain information from the federal bureau of	4239
investigation as a part of the criminal records check for the	4240
applicant. If the applicant presents proof that the applicant has	4241
been a resident of this state for that five-year period, the	4242
administrator or provider may request that the superintendent	4243
include information from the federal bureau of investigation in	4244
the criminal records check, including fingerprint based checks of	4245
national crime information databases as described in 42 U.S.C.	4246
671, for the person subject to the criminal records check. In all	4247
other cases in which the administrator requests a criminal records	4248
check for an applicant pursuant to this division, the	4249
administrator may request that the superintendent include	4250
information from the federal bureau of investigation in the	4251
criminal records check, including fingerprint based checks of	4252
national crime information databases as described in 42 U.S.C.	4253
671.	4254

(2) A person required by division (A)(1) of this section to	4255
request a criminal records check shall provide to each applicant a	4256
copy of the form prescribed pursuant to division (C)(1) of section	4257
109.572 of the Revised Code, provide to each applicant a standard	4258
impression sheet to obtain fingerprint impressions prescribed	4259
pursuant to division (C)(2) of section 109.572 of the Revised	4260
Code, obtain the completed form and impression sheet from each	4261
applicant, and forward the completed form and impression sheet to	4262
the superintendent of the bureau of criminal identification and	4263
investigation at the time the person requests a criminal records	4264
check pursuant to division (A)(1) of this section. On and after	4265
the effective date of this amendment, the administrator of a child	4266
day-care center or a type A family day-care home shall review the	4267
results of the criminal records check before the applicant has	4268
sole responsibility for the care, custody, or control of any	4269
child.	4270

(3) An applicant who receives pursuant to division (A)(2) of	4271
this section a copy of the form prescribed pursuant to division	4272
(C)(1) of section 109.572 of the Revised Code and a copy of an	4273
impression sheet prescribed pursuant to division (C)(2) of that	4274
section and who is requested to complete the form and provide a	4275
set of fingerprint impressions shall complete the form or provide	4276
all the information necessary to complete the form and shall	4277
provide the impression sheet with the impressions of the	4278
applicant's fingerprints. If an applicant, upon request, fails to	4279
provide the information necessary to complete the form or fails to	4280
provide impressions of the applicant's fingerprints, the center,	4281
or type A home, or type B home shall not employ that applicant for	4282
any position for which a criminal records check is required by	4283
division (A)(1) of this section.	4284

(B)(1) Except as provided in rules adopted under division (E)	4285
of this section, no child day-care center,or type A family	4286
day-care home, or certified type B family day-care home shall	4287
employ or contract with another entity for the services of a	4288
person as a person responsible for the care, custody, or control	4289
of a child if the person previously has been convicted of or	4290
pleaded guilty to any of the following:	4291

(a) A violation of section 2903.01, 2903.02, 2903.03,	4292
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	4293
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	4294
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	4295
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	4296
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	4297
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	4298
2925.06, or 3716.11 of the Revised Code, a violation of section	4299
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	4300
violation of section 2919.23 of the Revised Code that would have	4301
been a violation of section 2905.04 of the Revised Code as it	4302
existed prior to July 1, 1996, had the violation occurred prior to	4303
that date, a violation of section 2925.11 of the Revised Code that	4304
is not a minor drug possession offense, or felonious sexual	4305
penetration in violation of former section 2907.12 of the Revised	4306
Code;	4307

(b) A violation of an existing or former law of this state,	4308
any other state, or the United States that is substantially	4309
equivalent to any of the offenses or violations described in	4310
division (B)(1)(a) of this sectionviolations described in	4311
division (A)(9) of section 109.572 of the Revised Code.	4312

(2) A child day-care center,or type A family day-care home,	4313
or certified type B family day-care home may employ an applicant	4314
conditionally until the criminal records check required by this	4315
section is completed and the center or home receives the results	4316
of the criminal records check. If the results of the criminal	4317
records check indicate that, pursuant to division (B)(1) of this	4318
section, the applicant does not qualify for employment, the center	4319
or home shall release the applicant from employment.	4320

(C)(1) Each child day-care center,and type A family day-care	4321
home, and certified type B family day-care home shall pay to the	4322
bureau of criminal identification and investigation the fee	4323
prescribed pursuant to division (C)(3) of section 109.572 of the	4324
Revised Code for each criminal records check conducted in	4325
accordance with that section upon the request pursuant to division	4326
(A)(1) of this section of the administrator or provider of the	4327
center or home.	4328

(2) A child day-care center,and type A family day-care home,	4329
and certified type B family day-care home may charge an applicant	4330
a fee for the costs it incurs in obtaining a criminal records	4331
check under this section. A fee charged under this division shall	4332
not exceed the amount of fees the center or home pays under	4333
division (C)(1) of this section. If a fee is charged under this	4334
division, the center or home shall notify the applicant at the	4335
time of the applicant's initial application for employment of the	4336
amount of the fee and that, unless the fee is paid, the center,or	4337
type A home, or type B home will not consider the applicant for	4338
employment.	4339

(D) The report of any criminal records check conducted by the	4340
bureau of criminal identification and investigation in accordance	4341
with section 109.572 of the Revised Code and pursuant to a request	4342
under division (A)(1) of this section is not a public record for	4343
the purposes of section 149.43 of the Revised Code and shall not	4344
be made available to any person other than the applicant who is	4345
the subject of the criminal records check or the applicant's	4346
representative; the center,or type A home, or certified type B	4347
home requesting the criminal records check or its representative;	4348
the department of job and family services or a county department	4349
of job and family services; and any court, hearing officer, or	4350
other necessary individual involved in a case dealing with the	4351
denial of employment to the applicant.	4352

(E) The director of job and family services shall adopt rules	4353
pursuant to Chapter 119. of the Revised Code to implement this	4354
section, including rules specifying circumstances under which a	4355
center or home may hire a person who has been convicted of an	4356
offense listed in division (B)(1) of this section but who meets	4357
standards in regard to rehabilitation set by the department.	4358

(F) Any person required by division (A)(1) of this section to	4359
request a criminal records check shall inform each person, at the	4360
time of the person's initial application for employment, that the	4361
person is required to provide a set of impressions of the person's	4362
fingerprints and that a criminal records check is required to be	4363
conducted and satisfactorily completed in accordance with section	4364
109.572 of the Revised Code if the person comes under final	4365
consideration for appointment or employment as a precondition to	4366
employment for that position.	4367

(G) As used in this section:

4368

(1) "Applicant" means a person who is under final	4369
consideration for appointment to or employment in a position with	4370
a child day-care center,or a type A family day-care home, or a	4371
certified type B family day-care home as a person responsible for	4372
the care, custody, or control of a child; an in-home aide	4373
certified pursuant to section 5104.12 of the Revised Code; or any	4374
person who would serve in any position with a child day-care	4375
center,or a type A family day-care home, or a certified type B	4376
family day-care home as a person responsible for the care,	4377
custody, or control of a child pursuant to a contract with another	4378
entity.	4379

(2) "Criminal records check" has the same meaning as in	4380
section 109.572 of the Revised Code.	4381

(3) "Minor drug possession offense" has the same meaning as	4382
in section 2925.01 of the Revised Code.	4383

Sec. 5104.013.  (A)(1) TheAt the times specified in division	4384
(A)(3) of this section, the director of job and family services,	4385
as part of the process of licensure of child day-care centers and	4386
type A family day-care homes, shall request the superintendent of	4387
the bureau of criminal identification and investigation to conduct	4388
a criminal records check with respect to the following persons:	4389

(a) Any owner, licensee, or administrator of a child day-care	4390
center;	4391

(b) Any owner, licensee, or administrator of a type A family	4392
day-care home and any person eighteen years of age or older who	4393
resides in a type A family day-care home.	4394

(2) TheAt the times specified in division (A)(3) of this	4395
section, the director of a county department of job and family	4396
services, as part of the process of certification of type B family	4397
day-care homes, shall request the superintendent of the bureau of	4398
criminal identification and investigation to conduct a criminal	4399
records check with respect to any authorized provider of a	4400
certified type B family day-care home and any person eighteen	4401
years of age or older who resides in a certified type B family	4402
day-care home.	4403

(3) If the owner, licensee, administrator, or person eighteen	4404
years of age or older who is the subject of a criminal records	4405
check pursuant to division (A)(1) of this section, or the	4406
authorized provider or person eighteen years of age or older who	4407
is the subject of a criminal records check pursuant to division	4408
(A)(2) of this section, does not present proof that the owner,	4409
licensee, administrator, authorized provider, or person has been a	4410
resident of this state for the five-year period immediately prior	4411
to the date upon which the criminal records check is requested or	4412
does not provide evidence that within that five-year period the	4413
superintendent of the bureau of criminal identification and	4414
investigation has requested information about the owner, licensee,	4415
administrator, authorized provider, or person from the federal	4416
bureau of investigation in a criminal records checkThe director	4417
of job and family services shall request a criminal records check	4418
pursuant to division (A)(1) of this section at the time of the	4419
initial application for licensure and every four years thereafter	4420
at the time of a license renewal. The director of a county	4421
department of job and family services shall request a criminal	4422
records check pursuant to division (A)(2) of this section at the	4423
time of the initial application for certification and every four	4424
years thereafter at the time of a certification renewal. When the	4425
director of job and family services or the director of a county	4426
department of job and family services requests pursuant to	4427
division (A)(1) or (2) of this section a criminal records check	4428
for a person at the time of the person's initial application for	4429
licensure or certification, the director shall request that the	4430
superintendent of the bureau of criminal identification and	4431
investigation obtain information from the federal bureau of	4432
investigation as a part of the criminal records check for the	4433
applicant. If the owner, licensee, administrator, authorized	4434
provider, or person presents proof that the owner, licensee,	4435
administrator, authorized provider, or person has been a resident	4436
of this state for that five-year period, the director may request	4437
that the superintendent include information from the federal	4438
bureau of investigation in the criminal records checkperson,	4439
including fingerprint based checks of national crime information	4440
databases as described in 42 U.S.C. 671 for the person subject to	4441
the criminal records check. In all other cases in which the	4442
director of job and family services or the director of a county	4443
department of job and family services requests a criminal records	4444
check for an applicant pursuant to division (A)(1) or (2) of this	4445
section, the director may request that the superintendent include	4446
information from the federal bureau of investigation in the	4447
criminal records check, including fingerprint based checks of	4448
national crime information databases as described in 42 U.S.C.	4449
671.	4450

(4) The director of job and family services shall review the	4451
results of a criminal records check subsequent to a request made	4452
pursuant to divisions (A)(1) and (3) of this section prior to	4453
approval of a license. The director of a county department of job	4454
and family services shall review the results of a criminal records	4455
check subsequent to a request made pursuant to divisions (A)(2)	4456
and (3) of this section prior to approval of certification.	4457

(B) The director of job and family services or the director	4458
of a county department of job and family services shall provide to	4459
each person for whom a criminal records check is required under	4460
this section a copy of the form prescribed pursuant to division	4461
(C)(1) of section 109.572 of the Revised Code and a standard	4462
impression sheet to obtain fingerprint impressions prescribed	4463
pursuant to division (C)(2) of that section, obtain the completed	4464
form and impression sheet from that person, and forward the	4465
completed form and impression sheet to the superintendent of the	4466
bureau of criminal identification and investigation.	4467

(C) A person who receives pursuant to division (B) of this	4468
section a copy of the form and standard impression sheet described	4469
in that division and who is requested to complete the form and	4470
provide a set of fingerprint impressions shall complete the form	4471
or provide all the information necessary to complete the form and	4472
shall provide the impression sheet with the impressions of the	4473
person's fingerprints. If the person, upon request, fails to	4474
provide the information necessary to complete the form or fails to	4475
provide impressions of the person's fingerprints, the director may	4476
consider the failure as a reason to deny licensure or	4477
certification.	4478

(D)(1) Except as provided in rules adopted under division (G)	4479
of this section, the director of job and family services shall not	4480
grant a license to a child day-care center or type A family	4481
day-care home and a county director of job and family services	4482
shall not certify a type B family day-care home if a person for	4483
whom a criminal records check was required in connection with the	4484
center or home previously has been convicted of or pleaded guilty	4485
to any of the following:	4486

(a) A violation of section 2903.01, 2903.02, 2903.03,	4487
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	4488
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	4489
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	4490
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	4491
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	4492
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	4493
2925.06, or 3716.11 of the Revised Code, a violation of section	4494
2905.04 as it existed prior to July 1, 1996, a violation of	4495
section 2919.23 of the Revised Code that would have been a	4496
violation of section 2905.04 of the Revised Code as it existed	4497
prior to July 1, 1996, had the violation been committed prior to	4498
that date, a violation of section 2925.11 of the Revised Code that	4499
is not a minor drug possession offense, or felonious sexual	4500
penetration in violation of former section 2907.12 of the Revised	4501
Code;	4502

(b) A violation of an existing or former law of this state,	4503
any other state, or the United States that is substantially	4504
equivalent to any of the offenses or violations described in	4505
division (D)(1)(a) of this section.	4506

(2) In addition to the prohibition described in division	4507
(D)(1) of this section, and except as provided in rules adopted	4508
under division (G) of this section, the director shall not grant a	4509
license to a child day-care center or type A family day-care home	4510
and a county director shall not certify a type B family day-care	4511
home if an owner, licensee, or administrator of a child day-care	4512
center or type A family day-care home or an authorized provider of	4513
a certified type B family day-care home previously has been	4514
convicted of or pleaded guilty to any of the following:	4515

(a) A violation of section 2913.02, 2913.03, 2913.04,	4516
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	4517
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	4518
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11,	4519
2921.13, or 2923.01 of the Revised Code, a violation of section	4520
2923.02 or 2923.03 of the Revised Code that relates to a crime	4521
specified in this division or division (D)(1) of this section, or	4522
a second violation of section 4511.19 of the Revised Code within	4523
five years of the date of application for licensure or	4524
certification.	4525

(b) A violation of an existing or former law of this state,	4526
any other state, or the United States that is substantially	4527
equivalent to any of the offenses or violations described in	4528
division (D)(2)(a) of this sectionviolations described in	4529
division (A)(9) of section 109.572 of the Revised Code.	4530

(E) Each child day-care center, type A family day-care home,	4531
and type B family day-care home shall pay to the bureau of	4532
criminal identification and investigation the fee prescribed	4533
pursuant to division (C)(3) of section 109.572 of the Revised Code	4534
for each criminal records check conducted in accordance with that	4535
section upon a request made pursuant to division (A) of this	4536
section.	4537

(F) The report of any criminal records check conducted by the	4538
bureau of criminal identification and investigation in accordance	4539
with section 109.572 of the Revised Code and pursuant to a request	4540
made under division (A) of this section is not a public record for	4541
the purposes of section 149.43 of the Revised Code and shall not	4542
be made available to any person other than the person who is the	4543
subject of the criminal records check or the person's	4544
representative, the director of job and family services, the	4545
director of a county department of job and family services, the	4546
center, type A home, or type B home involved, and any court,	4547
hearing officer, or other necessary individual involved in a case	4548
dealing with a denial of licensure or certification related to the	4549
criminal records check.	4550

(G) The director of job and family services shall adopt rules	4551
pursuant to Chapter 119. of the Revised Code to implement this	4552
section, including rules specifying exceptions to the prohibition	4553
in division (D) of this section for persons who have been	4554
convicted of an offense listed in that division but who meet	4555
standards in regard to rehabilitation set by the department.	4556

(H) As used in this section:

4557

(1) "Criminal, "criminal records check" has the same meaning	4558
as in section 109.572 of the Revised Code.	4559

(2) "Minor drug possession offense" has the same meaning as	4560
in section 2925.01 of the Revised Code.	4561

Sec. 5104.022. The department of job and family services	4562
shall not license a prospective type A family day-care home if	4563
that prospective family day-care home is certified to be a foster	4564
home or specialized foster home pursuant to Chapter 5103. of the	4565
Revised Code. A county department of job and family services shall	4566
not certify a prospective type B family day-care home if that	4567
prospective family day-care home is certified to be a specialized	4568
foster home pursuant to Chapter 5103. of the Revised Code.	4569

Sec. 5104.09.  (A)(1) Except as provided in rules adopted	4570
pursuant to division (D) of this section:	4571

(a) No, no individual who has been convicted of or pleaded	4572
guilty to a violation described in division (A)(9) of section	4573
109.572 of the Revised Code, a violation of section 2903.01,	4574
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16,	4575
2903.21, 2903.22, 2903.34, 2905.01, 2905.02, 2905.04, 2905.05,	4576
2905.11, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07,	4577
2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31,	4578
2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2909.04,	4579
2909.05, 2911.01, 2911.02, 2911.11, 2911.12, 2917.01, 2917.02,	4580
2917.03, 2917.31, 2919.12, 2919.24, 2919.25, 2921.03, 2921.34, or	4581
2921.35, 2923.12, 2923.13, 2923.161, 2919.22, 2925.02, 2925.03,	4582
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a	4583
violation of section 2925.11 of the Revised Code that is not a	4584
minor drug possession offense, as defined in section 2925.01 of	4585
the Revised Code, felonious sexual penetration in violation of	4586
former section 2907.12 of the Revised Code, or a violation of an	4587
existing or former law or ordinance of any municipal corporation,	4588
this state, any other state, or the United States that is	4589
substantially equivalent to any of those violations shall be	4590
certified as an in-home aide or be employed in any capacity in or	4591
own or operate a child day-care center, type A family day-care	4592
home, type B family day-care home, or certified type B family	4593
day-care home.	4594

(b) No individual who has been convicted of or pleaded guilty	4595
to a violation of section 2913.02, 2913.03, 2913.04, 2913.041,	4596
2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 2913.33,	4597
2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441,	4598
2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11, 2921.13, or	4599
2923.01 of the Revised Code, a violation of section 2923.02 or	4600
2923.03 of the Revised Code that relates to a crime specified in	4601
this division or division (A)(1)(a) of this section, a second	4602
violation of section 4511.19 of the Revised Code within five years	4603
of the date of operation of the child day-care center or family	4604
day-care home, or two violations of section 4511.19 of the Revised	4605
Code during operation of the center or home, or a violation of an	4606
existing or former law of this state, any other state, or the	4607
United States that is substantially equivalent to any of those	4608
violations shall be certified as an in-home aide or be employed in	4609
any capacity in or own or operate a child day-care center, type A	4610
family day-care home, type B family day-care home, or certified	4611
type B family day-care home.	4612

(2) Each employee of a child day-care center and type A home	4613
and every person eighteen years of age or older residing in a type	4614
A home shall sign a statement on forms prescribed by the director	4615
of job and family services attesting to the fact that the employee	4616
or resident person has not been convicted of or pleaded guilty to	4617
any offense set forth in division (A)(1)(a) of this section and	4618
that no child has been removed from the employee's or resident	4619
person's home pursuant to section 2151.353 of the Revised Code.	4620
Each licensee of a type A home shall sign a statement on a form	4621
prescribed by the director attesting to the fact that no person	4622
who resides at the type A home and who is under the age of	4623
eighteen has been adjudicated a delinquent child for committing a	4624
violation of any section listed in division (A)(1)(a) of this	4625
section. The statements shall be kept on file at the center or	4626
type A home.	4627

(3) Each in-home aide and every person eighteen years of age	4628
or older residing in a certified type B home shall sign a	4629
statement on forms prescribed by the director of job and family	4630
services attesting that the aide or resident person has not been	4631
convicted of or pleaded guilty to any offense set forth in	4632
division (A)(1)(a) of this section and that no child has been	4633
removed from the aide's or resident person's home pursuant to	4634
section 2151.353 of the Revised Code. Each authorized provider	4635
shall sign a statement on forms prescribed by the director	4636
attesting that the provider has not been convicted of or pleaded	4637
guilty to any offense set forth in division (A)(1)(a) or (b) of	4638
this section and that no child has been removed from the	4639
provider's home pursuant to section 2151.353 of the Revised Code.	4640
Each authorized provider shall sign a statement on a form	4641
prescribed by the director attesting to the fact that no person	4642
who resides at the certified type B home and who is under the age	4643
of eighteen has been adjudicated a delinquent child for committing	4644
a violation of any section listed in division (A)(1)(a) of this	4645
section. The statements shall be kept on file at the county	4646
department of job and family services.	4647

(4) Each administrator and licensee of a center or type A	4648
home shall sign a statement on a form prescribed by the director	4649
of job and family services attesting that the administrator or	4650
licensee has not been convicted of or pleaded guilty to any	4651
offense set forth in division (A)(1)(a) or (b) of this section and	4652
that no child has been removed from the administrator's or	4653
licensee's home pursuant to section 2151.353 of the Revised Code.	4654
The statement shall be kept on file at the center or type A home.	4655

(B) No in-home aide, no administrator, licensee, authorized	4656
provider, or employee of a center, type A home, or certified type	4657
B home, and no person eighteen years of age or older residing in a	4658
type A home or certified type B home shall withhold information	4659
from, or falsify information on, any statement required pursuant	4660
to division (A)(2), (3), or (4) of this section.	4661

(C) No administrator, licensee, or child-care staff member	4662
shall discriminate in the enrollment of children in a child	4663
day-care center upon the basis of race, color, religion, sex, or	4664
national origin.	4665

(D) The director of job and family services shall adopt rules	4666
pursuant to Chapter 119. of the Revised Code to implement this	4667
section, including rules specifying exceptions to the prohibition	4668
in division (A)(1) of this section for persons who have been	4669
convicted of an offense listed in that division but meet	4670
rehabilitation standards set by the department.	4671

Sec. 5104.30.  (A) The department of job and family services	4672
is hereby designated as the state agency responsible for	4673
administration and coordination of federal and state funding for	4674
publicly funded child care in this state. Publicly funded child	4675
care shall be provided to the following:	4676

(1) Recipients of transitional child care as provided under	4677
section 5104.34 of the Revised Code;	4678

(2) Participants in the Ohio works first program established	4679
under Chapter 5107. of the Revised Code;	4680

(3) Individuals who would be participating in the Ohio works	4681
first program if not for a sanction under section 5107.16 of the	4682
Revised Code and who continue to participate in a work activity,	4683
developmental activity, or alternative work activity pursuant to	4684
an assignment under section 5107.42 of the Revised Code;	4685

(4) A family receiving publicly funded child care on October	4686
1, 1997, until the family's income reaches one hundred fifty per	4687
cent of the federal poverty line;	4688

(5) Subject to available funds, other individuals determined	4689
eligible in accordance with rules adopted under section 5104.38 of	4690
the Revised Code.	4691

The department shall apply to the United States department of	4692
health and human services for authority to operate a coordinated	4693
program for publicly funded child care, if the director of job and	4694
family services determines that the application is necessary. For	4695
purposes of this section, the department of job and family	4696
services may enter into agreements with other state agencies that	4697
are involved in regulation or funding of child care. The	4698
department shall consider the special needs of migrant workers	4699
when it administers and coordinates publicly funded child care and	4700
shall develop appropriate procedures for accommodating the needs	4701
of migrant workers for publicly funded child care.	4702

(B) The department of job and family services shall	4703
distribute state and federal funds for publicly funded child care,	4704
including appropriations of state funds for publicly funded child	4705
care and appropriations of federal funds available under the child	4706
care block grant act, Title IV-A, and Title XX. The department may	4707
use any state funds appropriated for publicly funded child care as	4708
the state share required to match any federal funds appropriated	4709
for publicly funded child care.	4710

(C) In the use of federal funds available under the child	4711
care block grant act, all of the following apply:	4712

(1) The department may use the federal funds to hire staff to	4713
prepare any rules required under this chapter and to administer	4714
and coordinate federal and state funding for publicly funded child	4715
care.	4716

(2) Not more than five per cent of the aggregate amount of	4717
the federal funds received for a fiscal year may be expended for	4718
administrative costs.	4719

(3) The department shall allocate and use at least four per	4720
cent of the federal funds for the following:	4721

(a) Activities designed to provide comprehensive consumer	4722
education to parents and the public;	4723

(b) Activities that increase parental choice;

4724

(c) Activities, including child care resource and referral	4725
services, designed to improve the quality, and increase the	4726
supply, of child care.	4727

(4) The department shall ensure that the federal funds will	4728
be used only to supplement, and will not be used to supplant,	4729
federal, state, and local funds available on the effective date of	4730
the child care block grant act for publicly funded child care and	4731
related programs. A county department of job and family services	4732
may purchase child care from funds obtained through any other	4733
means.	4734

(D) The department shall encourage the development of	4735
suitable child care throughout the state, especially in areas with	4736
high concentrations of recipients of public assistance and	4737
families with low incomes. The department shall encourage the	4738
development of suitable child care designed to accommodate the	4739
special needs of migrant workers. On request, the department,	4740
through its employees or contracts with state or community child	4741
care resource and referral service organizations, shall provide	4742
consultation to groups and individuals interested in developing	4743
child care. The department of job and family services may enter	4744
into interagency agreements with the department of education, the	4745
board of regents, the department of development, and other state	4746
agencies and entities whenever the cooperative efforts of the	4747
other state agencies and entities are necessary for the department	4748
of job and family services to fulfill its duties and	4749
responsibilities under this chapter.	4750

The department shall develop and maintain a registry of	4751
persons providing child care. The director shall adopt rules	4752
pursuant to Chapter 119. of the Revised Code establishing	4753
procedures and requirements for the registry's administration.	4754

(E)(1) The director shall adopt rules in accordance with	4755
Chapter 119. of the Revised Code establishing both of the	4756
following:	4757

(a) Reimbursement ceilings for providers of publicly funded	4758
child care;	4759

(b) A procedure for reimbursing and paying providers of	4760
publicly funded child care.	4761

(2) In establishing reimbursement ceilings under division	4762
(E)(1)(a) of this section, the director shall do all of the	4763
following:	4764

(a) Use the information obtained under division (B)(3) of	4765
section 5104.04 of the Revised Code;	4766

(b) Establish an enhanced reimbursement ceiling for providers	4767
who provide child care for caretaker parents who work	4768
nontraditional hours;	4769

(c) For a type B family day-care home provider that has	4770
received limited certification pursuant to rules adopted under	4771
division (G)(1) of section 5104.011 of the Revised Code, establish	4772
a reimbursement ceiling that is the following:	4773

(i) If the provider is a person described in division	4774
(G)(1)(a)(i) of section 5104.011 of the Revised Code, seventy-five	4775
per cent of the reimbursement ceiling that applies to a type B	4776
family day-care home certified by the same county department of	4777
job and family services pursuant to section 5104.11 of the Revised	4778
Code;	4779

(ii) If the provider is a person described in division	4780
(G)(1)(b)(a)(ii) of section 5104.011 of the Revised Code, sixty	4781
per cent of the reimbursement ceiling that applies to a type B	4782
family day-care home certified by the same county department	4783
pursuant to section 5104.11 of the Revised Code.	4784

(3) In establishing reimbursement ceilings under division	4785
(E)(1)(a) of this section, the director may establish different	4786
reimbursement ceilings based on any of the following:	4787

(a) Geographic location of the provider;

4788

(b) Type of care provided;

4789

(c) Age of the child served;

4790

(d) Special needs of the child served;

4791

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

4792

(f) Whether weekend service is provided;

4793

(g) Whether the provider has exceeded the minimum	4794
requirements of state statutes and rules governing child care;	4795

(h) Any other factors the director considers appropriate.

4796

Section 2.  That existing sections 109.57, 109.572, 109.60,	4797
109.99, 2151.413, 2151.414, 2151.417, 2151.419, 2151.421,	4798
2151.424, 2151.55, 2151.551, 2151.552, 2151.553, 2151.554,	4799
2151.86, 3107.033, 3107.034, 3107.14, 5101.13, 5101.132,	4800
5101.134, 5103.03, 5103.0319, 5103.0326, 5103.16, 5103.18,	4801
5104.011, 5104.012, 5104.013, 5104.09, and 5104.30 of the Revised	4802
Code are hereby repealed.	4803

Section 3. (A) In addition to the actions authorized by	4804
section 5101.24 of the Revised Code, not later than thirty days	4805
after the effective date of this act, the Director of Job and	4806
Family Services shall convene a work group to study and make	4807
recommendations to the Director regarding both of the following:	4808

(1) Support for positive child and family outcomes offered to	4809
public children services agencies, private child placing agencies,	4810
and private noncustodial agencies by the Department of Job and	4811
Family Services;	4812

(2) The establishment of fines and sanctions for public	4813
children services agencies, private child placing agencies, and	4814
private noncustodial agencies that do not comply with foster care	4815
related laws or rules.	4816

(B) The work group shall include representatives of public	4817
children services agencies, private child placing agencies,	4818
private noncustodial agencies, the Ohio Family Care Association,	4819
the Ohio Association of Child Caring Agencies, the Public Children	4820
Services Association of Ohio, the Ohio Job and Family Services	4821
Directors' Association, the County Commissioners' Association of	4822
Ohio, foster caregivers, and current and former foster children.	4823

(C) The work group shall prepare a report that contains	4824
recommendations regarding Department support for local agencies	4825
and the establishment of fines and sanctions either in law, rule,	4826
or both. The work group shall submit the report not later than	4827
June 30, 2008, to the Director. The Director shall review the	4828
recommendations and create an executive summary of the	4829
recommendations and submit the summary to the Governor, the	4830
Speaker of the House of Representatives, and the President of the	4831
Senate. The work group shall cease to exist upon submission of the	4832
executive summary.	4833

Section 4. Until the Uniform Statewide Automated Child	4834
Welfare Information System established under section 5101.13 of	4835
the Revised Code is implemented statewide by all public children	4836
services agencies as described in section 5153.02 of the Revised	4837
Code, agencies or persons required to include a summary report	4838
pursuant to section 3107.033 or 5103.18 of the Revised Code shall	4839
request a check of the Ohio Central Registry of Abuse and Neglect	4840
from the Department of Job and Family Services regarding any	4841
prospective foster parent and any person eighteen years of age or	4842
older who resides with the prospective foster parent or regarding	4843
any prospective adoptive parent and any person eighteen years of	4844
age or older who resides with the prospective adoptive parent,	4845
whichever is applicable, to enable the agency or person to check	4846
any child abuse and neglect registry maintained by any state in	4847
which the prospective foster parent, the prospective adoptive	4848
parent, or the person eighteen years of age or older who resided	4849
with the prospective foster parent or prospective adoptive parent	4850
has resided in the preceding five years. After the Uniform	4851
Statewide Automated Child Welfare Information System established	4852
under section 5101.13 of the Revised Code is implemented statewide	4853
by all public children services agencies as described in section	4854
5153.02 of the Revised Code, all private agencies, as defined in	4855
section 5103.02 of the Revised Code, shall request a check of that	4856
System by the Department of Job and Family Services until the	4857
private agency can access the System and conduct its own search.	4858

Section 5.  Section 109.572 of the Revised Code is presented	4859
in this act as a composite of the section as amended by both Am.	4860
Sub. S.B. 185 and Am. Sub. S.B. 238 of the 126th General Assembly.	4861
Section 2151.86 of the Revised Code is presented in this act as a	4862
composite of the section as amended by both Am. Sub. H.B. 106 and	4863
Am. Sub. H.B. 117 of the 125th General Assembly. The General	4864
Assembly, applying the principle stated in division (B) of section	4865
1.52 of the Revised Code that amendments are to be harmonized if	4866
reasonably capable of simultaneous operation, finds that the	4867
composites are the resulting versions of the sections in effect	4868
prior to the effective date of the sections as presented in this	4869
act.	4870