As Reported by the Senate Judiciary--Criminal Justice Committee

127th General Assembly Regular Session 2007-2008

Sub. S. B. No. 163

Senator Niehaus 

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

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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, 2151.553, 2151.554,

3

2151.86, 3107.033, 3107.034, 3107.14, 5101.13,

4

5101.132, 5101.134, 5103.03, 5103.0319, 5103.0326,

5

5103.16, 5103.18, 5104.011, 5104.012, 5104.013,

6

5104.09, and 5104.30, to amend, for the purpose of

7

adopting new section numbers as indicated in

8

parentheses sections 2151.553 (2151.552) and

9

2151.554 (2151.553), and to enact new section

10

2151.554 and sections 109.581, 1901.43, 1907.181,

11

2301.10, 3107.062, 5101.32, 5103.0328, and

12

5104.022, and to repeal section 2151.552 of the

13

Revised Code to improve foster caregiver

14

background checks, clarify when a court must order

15

a person to be fingerprinted, establish the

16

retained applicant fingerprint database, modify

17

the notifications that must be given before a

18

child is placed in foster care, and make other

19

changes in the law regarding approval of

20

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

21

caregivers, and child day-cares.

22

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

Section 1. That sections 109.57, 109.572, 109.60, 109.99,	23
2151.413, 2151.414, 2151.417, 2151.419, 2151.421, 2151.424,	24
2151.55, 2151.551, 2151.553, 2151.554, 2151.86, 3107.033,	25
3107.034, 3107.14, 5101.13, 5101.132, 5101.134, 5103.03,	26
5103.0319, 5103.0326, 5103.16, 5103.18, 5104.011, 5104.012,	27
5104.013, 5104.09, and 5104.30 be amended, that sections 2151.553	28
(2151.552) and 2151.554 (2151.553) be amended for the purpose of	29
adopting new section numbers as indicated in parentheses, and that	30
new section 2151.554 and sections 109.581, 1901.43, 1907.181,	31
2301.10, 3107.062, 5101.32, 5103.0328, and 5104.022 of the Revised	32
Code be enacted to read as follows:	33

Sec. 109.57.  (A)(1) The superintendent of the bureau of	34
criminal identification and investigation shall procure from	35
wherever procurable and file for record photographs, pictures,	36
descriptions, fingerprints, measurements, and other information	37
that may be pertinent of all persons who have been convicted of	38
committing within this state a felony, any crime constituting a	39
misdemeanor on the first offense and a felony on subsequent	40
offenses, or any misdemeanor described in division (A)(1)(a),	41
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	42
of all children under eighteen years of age who have been	43
adjudicated delinquent children for committing within this state	44
an act that would be a felony or an offense of violence if	45
committed by an adult or who have been convicted of or pleaded	46
guilty to committing within this state a felony or an offense of	47
violence, and of all well-known and habitual criminals. The person	48
in charge of any county, multicounty, municipal, municipal-county,	49
or multicounty-municipal jail or workhouse, community-based	50
correctional facility, halfway house, alternative residential	51
facility, or state correctional institution and the person in	52
charge of any state institution having custody of a person	53
suspected of having committed a felony, any crime constituting a	54
misdemeanor on the first offense and a felony on subsequent	55
offenses, or any misdemeanor described in division (A)(1)(a),	56
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code or	57
having custody of a child under eighteen years of age with respect	58
to whom there is probable cause to believe that the child may have	59
committed an act that would be a felony or an offense of violence	60
if committed by an adult shall furnish such material to the	61
superintendent of the bureau. Fingerprints, photographs, or other	62
descriptive information of a child who is under eighteen years of	63
age, has not been arrested or otherwise taken into custody for	64
committing an act that would be a felony or an offense of violence	65
if committed by an adult, has not been adjudicated a delinquent	66
child for committing an act that would be a felony or an offense	67
of violence if committed by an adult, has not been convicted of or	68
pleaded guilty to committing a felony or an offense of violence,	69
who is not in any other category of child specified in this	70
division, and is not a child with respect to whom there is	71
probable cause to believe that the child may have committed an act	72
that would be a felony or an offense of violence if committed by	73
an adult shall not be procured by the superintendent or furnished	74
by any person in charge of any county, multicounty, municipal,	75
municipal-county, or multicounty-municipal jail or workhouse,	76
community-based correctional facility, halfway house, alternative	77
residential facility, or state correctional institution, except as	78
authorized in section 2151.313 of the Revised Code.	79

(2) Every clerk of a court of record in this state, other	80
than the supreme court or a court of appeals, shall send to the	81
superintendent of the bureau a weekly report containing a summary	82
of each case involving a felony, involving any crime constituting	83
a misdemeanor on the first offense and a felony on subsequent	84
offenses, involving a misdemeanor described in division (A)(1)(a),	85
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	86
or involving an adjudication in a case in which a child under	87
eighteen years of age was alleged to be a delinquent child for	88
committing an act that would be a felony or an offense of violence	89
if committed by an adult. The clerk of the court of common pleas	90
shall include in the report and summary the clerk sends under this	91
division all information described in divisions (A)(2)(a) to (f)	92
of this section regarding a case before the court of appeals that	93
is served by that clerk. The summary shall be written on the	94
standard forms furnished by the superintendent pursuant to	95
division (B) of this section and shall include the following	96
information:	97

(a) The incident tracking number contained on the standard	98
forms furnished by the superintendent pursuant to division (B) of	99
this section;	100

(b) The style and number of the case;

101

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

102

(d) The date that the person was convicted of or pleaded	103
guilty to the offense, adjudicated a delinquent child for	104
committing the act that would be a felony or an offense of	105
violence if committed by an adult, found not guilty of the	106
offense, or found not to be a delinquent child for committing an	107
act that would be a felony or an offense of violence if committed	108
by an adult, the date of an entry dismissing the charge, an entry	109
declaring a mistrial of the offense in which the person is	110
discharged, an entry finding that the person or child is not	111
competent to stand trial, or an entry of a nolle prosequi, or the	112
date of any other determination that constitutes final resolution	113
of the case;	114

(e) A statement of the original charge with the section of	115
the Revised Code that was alleged to be violated;	116

(f) If the person or child was convicted, pleaded guilty, or	117
was adjudicated a delinquent child, the sentence or terms of	118
probation imposed or any other disposition of the offender or the	119
delinquent child.	120

If the offense involved the disarming of a law enforcement	121
officer or an attempt to disarm a law enforcement officer, the	122
clerk shall clearly state that fact in the summary, and the	123
superintendent shall ensure that a clear statement of that fact is	124
placed in the bureau's records.	125

(3) The superintendent shall cooperate with and assist	126
sheriffs, chiefs of police, and other law enforcement officers in	127
the establishment of a complete system of criminal identification	128
and in obtaining fingerprints and other means of identification of	129
all persons arrested on a charge of a felony, any crime	130
constituting a misdemeanor on the first offense and a felony on	131
subsequent offenses, or a misdemeanor described in division	132
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	133
Revised Code and of all children under eighteen years of age	134
arrested or otherwise taken into custody for committing an act	135
that would be a felony or an offense of violence if committed by	136
an adult. The superintendent also shall file for record the	137
fingerprint impressions of all persons confined in a county,	138
multicounty, municipal, municipal-county, or multicounty-municipal	139
jail or workhouse, community-based correctional facility, halfway	140
house, alternative residential facility, or state correctional	141
institution for the violation of state laws and of all children	142
under eighteen years of age who are confined in a county,	143
multicounty, municipal, municipal-county, or multicounty-municipal	144
jail or workhouse, community-based correctional facility, halfway	145
house, alternative residential facility, or state correctional	146
institution or in any facility for delinquent children for	147
committing an act that would be a felony or an offense of violence	148
if committed by an adult, and any other information that the	149
superintendent may receive from law enforcement officials of the	150
state and its political subdivisions.	151

(4) The superintendent shall carry out Chapter 2950. of the	152
Revised Code with respect to the registration of persons who are	153
convicted of or plead guilty to either a sexually oriented offense	154
that is not a registration-exempt sexually oriented offense or a	155
child-victim oriented offense and with respect to all other duties	156
imposed on the bureau under that chapter.	157

(5) The bureau shall perform centralized recordkeeping	158
functions for criminal history records and services in this state	159
for purposes of the national crime prevention and privacy compact	160
set forth in section 109.571 of the Revised Code and is the	161
criminal history record repository as defined in that section for	162
purposes of that compact. The superintendent or the	163
superintendent's designee is the compact officer for purposes of	164
that compact and shall carry out the responsibilities of the	165
compact officer specified in that compact.	166

(B) The superintendent shall prepare and furnish to every	167
county, multicounty, municipal, municipal-county, or	168
multicounty-municipal jail or workhouse, community-based	169
correctional facility, halfway house, alternative residential	170
facility, or state correctional institution and to every clerk of	171
a court in this state specified in division (A)(2) of this section	172
standard forms for reporting the information required under	173
division (A) of this section. The standard forms that the	174
superintendent prepares pursuant to this division may be in a	175
tangible format, in an electronic format, or in both tangible	176
formats and electronic formats.	177

(C) The superintendent may operate a center for electronic,	178
automated, or other data processing for the storage and retrieval	179
of information, data, and statistics pertaining to criminals and	180
to children under eighteen years of age who are adjudicated	181
delinquent children for committing an act that would be a felony	182
or an offense of violence if committed by an adult, criminal	183
activity, crime prevention, law enforcement, and criminal justice,	184
and may establish and operate a statewide communications network	185
to gather and disseminate information, data, and statistics for	186
the use of law enforcement agencies. The superintendent may	187
gather, store, retrieve, and disseminate information, data, and	188
statistics that pertain to children who are under eighteen years	189
of age and that are gathered pursuant to sections 109.57 to 109.61	190
of the Revised Code together with information, data, and	191
statistics that pertain to adults and that are gathered pursuant	192
to those sections. In addition to any other authorized use of	193
information, data, and statistics of that nature, the	194
superintendent or the superintendent's designee may provide and	195
exchange the information, data, and statistics pursuant to the	196
national crime prevention and privacy compact as described in	197
division (A)(5) of this section.	198

(D) The information and materials furnished to the	199
superintendent pursuant to division (A) of this section and	200
information and materials furnished to any board or person under	201
division (F) or (G) of this section are not public records under	202
section 149.43 of the Revised Code.	203

(E) The attorney general shall adopt rules, in accordance	204
with Chapter 119. of the Revised Code, setting forth the procedure	205
by which a person may receive or release information gathered by	206
the superintendent pursuant to division (A) of this section. A	207
reasonable fee may be charged for this service. If a temporary	208
employment service submits a request for a determination of	209
whether a person the service plans to refer to an employment	210
position has been convicted of or pleaded guilty to an offense	211
listed in division (A)(1), (3), (4), (5), or (6) of section	212
109.572 of the Revised Code, the request shall be treated as a	213
single request and only one fee shall be charged.	214

(F)(1) As used in division (F)(2) of this section, "head	215
start agency" means an entity in this state that has been approved	216
to be an agency for purposes of subchapter II of the "Community	217
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	218
as amended.	219

(2)(a) In addition to or in conjunction with any request that	220
is required to be made under section 109.572, 2151.86, 3301.32,	221
3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5123.081,	222
5126.28, 5126.281, or 5153.111 of the Revised Code, the board of	223
education of any school district; the director of mental	224
retardation and developmental disabilities; any county board of	225
mental retardation and developmental disabilities; any entity	226
under contract with a county board of mental retardation and	227
developmental disabilities; the chief administrator of any	228
chartered nonpublic school; the chief administrator of any home	229
health agency; the chief administrator of or person operating any	230
child day-care center, type A family day-care home, or type B	231
family day-care home licensed or certified under Chapter 5104. of	232
the Revised Code; the administrator of any type C family day-care	233
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	234
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	235
general assembly; the chief administrator of any head start	236
agency; or the executive director of a public children services	237
agency may request that the superintendent of the bureau	238
investigate and determine, with respect to any individual who has	239
applied for employment in any position after October 2, 1989, or	240
any individual wishing to apply for employment with a board of	241
education may request, with regard to the individual, whether the	242
bureau has any information gathered under division (A) of this	243
section that pertains to that individual. On receipt of the	244
request, the superintendent shall determine whether that	245
information exists and, upon request of the person, board, or	246
entity requesting information, also shall request from the federal	247
bureau of investigation any criminal records it has pertaining to	248
that individual. The superintendent or the superintendent's	249
designee also may request criminal history records from other	250
states or the federal government pursuant to the national crime	251
prevention and privacy compact set forth in section 109.571 of the	252
Revised Code. Within thirty days of the date that the	253
superintendent receives a request, the superintendent shall send	254
to the board, entity, or person a report of any information that	255
the superintendent determines exists, including information	256
contained in records that have been sealed under section 2953.32	257
of the Revised Code, and, within thirty days of its receipt, shall	258
send the board, entity, or person a report of any information	259
received from the federal bureau of investigation, other than	260
information the dissemination of which is prohibited by federal	261
law.	262

(b) When a board of education is required to receive	263
information under this section as a prerequisite to employment of	264
an individual pursuant to section 3319.39 of the Revised Code, it	265
may accept a certified copy of records that were issued by the	266
bureau of criminal identification and investigation and that are	267
presented by an individual applying for employment with the	268
district in lieu of requesting that information itself. In such a	269
case, the board shall accept the certified copy issued by the	270
bureau in order to make a photocopy of it for that individual's	271
employment application documents and shall return the certified	272
copy to the individual. In a case of that nature, a district only	273
shall accept a certified copy of records of that nature within one	274
year after the date of their issuance by the bureau.	275

(3) The state board of education may request, with respect to	276
any individual who has applied for employment after October 2,	277
1989, in any position with the state board or the department of	278
education, any information that a school district board of	279
education is authorized to request under division (F)(2) of this	280
section, and the superintendent of the bureau shall proceed as if	281
the request has been received from a school district board of	282
education under division (F)(2) of this section.	283

(4) When the superintendent of the bureau receives a request	284
for information under section 3319.291 of the Revised Code, the	285
superintendent shall proceed as if the request has been received	286
from a school district board of education under division (F)(2) of	287
this section.	288

(5) When a recipient of a classroom reading improvement grant	289
paid under section 3301.86 of the Revised Code requests, with	290
respect to any individual who applies to participate in providing	291
any program or service funded in whole or in part by the grant,	292
the information that a school district board of education is	293
authorized to request under division (F)(2)(a) of this section,	294
the superintendent of the bureau shall proceed as if the request	295
has been received from a school district board of education under	296
division (F)(2)(a) of this section.	297

(G) In addition to or in conjunction with any request that is	298
required to be made under section 3701.881, 3712.09, 3721.121, or	299
3722.151 of the Revised Code with respect to an individual who has	300
applied for employment in a position that involves providing	301
direct care to an older adult, the chief administrator of a home	302
health agency, hospice care program, home licensed under Chapter	303
3721. of the Revised Code, adult day-care program operated	304
pursuant to rules adopted under section 3721.04 of the Revised	305
Code, or adult care facility may request that the superintendent	306
of the bureau investigate and determine, with respect to any	307
individual who has applied after January 27, 1997, for employment	308
in a position that does not involve providing direct care to an	309
older adult, whether the bureau has any information gathered under	310
division (A) of this section that pertains to that individual.	311

In addition to or in conjunction with any request that is	312
required to be made under section 173.27 of the Revised Code with	313
respect to an individual who has applied for employment in a	314
position that involves providing ombudsperson services to	315
residents of long-term care facilities or recipients of	316
community-based long-term care services, the state long-term care	317
ombudsperson, ombudsperson's designee, or director of health may	318
request that the superintendent investigate and determine, with	319
respect to any individual who has applied for employment in a	320
position that does not involve providing such ombudsperson	321
services, whether the bureau has any information gathered under	322
division (A) of this section that pertains to that applicant.	323

In addition to or in conjunction with any request that is	324
required to be made under section 173.394 of the Revised Code with	325
respect to an individual who has applied for employment in a	326
position that involves providing direct care to an individual, the	327
chief administrator of a community-based long-term care agency may	328
request that the superintendent investigate and determine, with	329
respect to any individual who has applied for employment in a	330
position that does not involve providing direct care, whether the	331
bureau has any information gathered under division (A) of this	332
section that pertains to that applicant.	333

On receipt of a request under this division, the	334
superintendent shall determine whether that information exists	335
and, on request of the individual requesting information, shall	336
also request from the federal bureau of investigation any criminal	337
records it has pertaining to the applicant. The superintendent or	338
the superintendent's designee also may request criminal history	339
records from other states or the federal government pursuant to	340
the national crime prevention and privacy compact set forth in	341
section 109.571 of the Revised Code. Within thirty days of the	342
date a request is received, the superintendent shall send to the	343
requester a report of any information determined to exist,	344
including information contained in records that have been sealed	345
under section 2953.32 of the Revised Code, and, within thirty days	346
of its receipt, shall send the requester a report of any	347
information received from the federal bureau of investigation,	348
other than information the dissemination of which is prohibited by	349
federal law.	350

(H) Information obtained by a government entity or person	351
under this section is confidential and shall not be released or	352
disseminated.	353

(I) The superintendent may charge a reasonable fee for	354
providing information or criminal records under division (F)(2) or	355
(G) of this section.	356

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	357
section 121.08, 3301.32, 3301.541, or 3319.39, 5104.012, or	358
5104.013 of the Revised Code, a completed form prescribed pursuant	359
to division (C)(1) of this section, and a set of fingerprint	360
impressions obtained in the manner described in division (C)(2) of	361
this section, the superintendent of the bureau of criminal	362
identification and investigation shall conduct a criminal records	363
check in the manner described in division (B) of this section to	364
determine whether any information exists that indicates that the	365
person who is the subject of the request previously has been	366
convicted of or pleaded guilty to any of the following:	367

(a) A violation of section 2903.01, 2903.02, 2903.03,	368
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	369
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	370
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	371
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	372
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	373
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	374
2925.06, or 3716.11 of the Revised Code, felonious sexual	375
penetration in violation of former section 2907.12 of the Revised	376
Code, a violation of section 2905.04 of the Revised Code as it	377
existed prior to July 1, 1996, a violation of section 2919.23 of	378
the Revised Code that would have been a violation of section	379
2905.04 of the Revised Code as it existed prior to July 1, 1996,	380
had the violation been committed prior to that date, or a	381
violation of section 2925.11 of the Revised Code that is not a	382
minor drug possession offense;	383

(b) A violation of an existing or former law of this state,	384
any other state, or the United States that is substantially	385
equivalent to any of the offenses listed in division (A)(1)(a) of	386
this section.	387

(2) On receipt of a request pursuant to section 5123.081 of	388
the Revised Code with respect to an applicant for employment in	389
any position with the department of mental retardation and	390
developmental disabilities, pursuant to section 5126.28 of the	391
Revised Code with respect to an applicant for employment in any	392
position with a county board of mental retardation and	393
developmental disabilities, or pursuant to section 5126.281 of the	394
Revised Code with respect to an applicant for employment in a	395
direct services position with an entity contracting with a county	396
board for employment, a completed form prescribed pursuant to	397
division (C)(1) of this section, and a set of fingerprint	398
impressions obtained in the manner described in division (C)(2) of	399
this section, the superintendent of the bureau of criminal	400
identification and investigation shall conduct a criminal records	401
check. The superintendent shall conduct the criminal records check	402
in the manner described in division (B) of this section to	403
determine whether any information exists that indicates that the	404
person who is the subject of the request has been convicted of or	405
pleaded guilty to any of the following:	406

(a) A violation of section 2903.01, 2903.02, 2903.03,	407
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	408
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	409
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	410
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	411
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	412
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	413
2925.03, or 3716.11 of the Revised Code;	414

(b) An existing or former municipal ordinance or law of this	415
state, any other state, or the United States that is substantially	416
equivalent to any of the offenses listed in division (A)(2)(a) of	417
this section.	418

(3) On receipt of a request pursuant to section 173.27,	419
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a	420
completed form prescribed pursuant to division (C)(1) of this	421
section, and a set of fingerprint impressions obtained in the	422
manner described in division (C)(2) of this section, the	423
superintendent of the bureau of criminal identification and	424
investigation shall conduct a criminal records check with respect	425
to any person who has applied for employment in a position for	426
which a criminal records check is required by those sections. The	427
superintendent shall conduct the criminal records check in the	428
manner described in division (B) of this section to determine	429
whether any information exists that indicates that the person who	430
is the subject of the request previously has been convicted of or	431
pleaded guilty to any of the following:	432

(a) A violation of section 2903.01, 2903.02, 2903.03,	433
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	434
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	435
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	436
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	437
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	438
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	439
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	440
2925.22, 2925.23, or 3716.11 of the Revised Code;	441

(b) An existing or former law of this state, any other state,	442
or the United States that is substantially equivalent to any of	443
the offenses listed in division (A)(3)(a) of this section.	444

(4) On receipt of a request pursuant to section 3701.881 of	445
the Revised Code with respect to an applicant for employment with	446
a home health agency as a person responsible for the care,	447
custody, or control of a child, a completed form prescribed	448
pursuant to division (C)(1) of this section, and a set of	449
fingerprint impressions obtained in the manner described in	450
division (C)(2) of this section, the superintendent of the bureau	451
of criminal identification and investigation shall conduct a	452
criminal records check. The superintendent shall conduct the	453
criminal records check in the manner described in division (B) of	454
this section to determine whether any information exists that	455
indicates that the person who is the subject of the request	456
previously has been convicted of or pleaded guilty to any of the	457
following:	458

(a) A violation of section 2903.01, 2903.02, 2903.03,	459
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	460
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	461
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	462
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	463
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	464
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	465
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	466
violation of section 2925.11 of the Revised Code that is not a	467
minor drug possession offense;	468

(b) An existing or former law of this state, any other state,	469
or the United States that is substantially equivalent to any of	470
the offenses listed in division (A)(4)(a) of this section.	471

(5) On receipt of a request pursuant to section 5111.95 or	472
5111.96 of the Revised Code with respect to an applicant for	473
employment with a waiver agency participating in a department of	474
job and family services administered home and community-based	475
waiver program or an independent provider participating in a	476
department administered home and community-based waiver program in	477
a position that involves providing home and community-based waiver	478
services to consumers with disabilities, a completed form	479
prescribed pursuant to division (C)(1) of this section, and a set	480
of fingerprint impressions obtained in the manner described in	481
division (C)(2) of this section, the superintendent of the bureau	482
of criminal identification and investigation shall conduct a	483
criminal records check. The superintendent shall conduct the	484
criminal records check in the manner described in division (B) of	485
this section to determine whether any information exists that	486
indicates that the person who is the subject of the request	487
previously has been convicted of or pleaded guilty to any of the	488
following:	489

(a) A violation of section 2903.01, 2903.02, 2903.03,	490
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	491
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	492
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	493
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	494
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,	495
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40,	496
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36,	497
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	498
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the	499
Revised Code, felonious sexual penetration in violation of former	500
section 2907.12 of the Revised Code, a violation of section	501
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	502
violation of section 2919.23 of the Revised Code that would have	503
been a violation of section 2905.04 of the Revised Code as it	504
existed prior to July 1, 1996, had the violation been committed	505
prior to that date;	506

(b) An existing or former law of this state, any other state,	507
or the United States that is substantially equivalent to any of	508
the offenses listed in division (A)(5)(a) of this section.	509

(6) On receipt of a request pursuant to section 3701.881 of	510
the Revised Code with respect to an applicant for employment with	511
a home health agency in a position that involves providing direct	512
care to an older adult, a completed form prescribed pursuant to	513
division (C)(1) of this section, and a set of fingerprint	514
impressions obtained in the manner described in division (C)(2) of	515
this section, the superintendent of the bureau of criminal	516
identification and investigation shall conduct a criminal records	517
check. The superintendent shall conduct the criminal records check	518
in the manner described in division (B) of this section to	519
determine whether any information exists that indicates that the	520
person who is the subject of the request previously has been	521
convicted of or pleaded guilty to any of the following:	522

(a) A violation of section 2903.01, 2903.02, 2903.03,	523
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	524
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	525
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	526
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	527
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	528
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	529
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	530
2925.22, 2925.23, or 3716.11 of the Revised Code;	531

(b) An existing or former law of this state, any other state,	532
or the United States that is substantially equivalent to any of	533
the offenses listed in division (A)(6)(a) of this section.	534

(7) When conducting a criminal records check upon a request	535
pursuant to section 3319.39 of the Revised Code for an applicant	536
who is a teacher, in addition to the determination made under	537
division (A)(1) of this section, the superintendent shall	538
determine whether any information exists that indicates that the	539
person who is the subject of the request previously has been	540
convicted of or pleaded guilty to any offense specified in section	541
3319.31 of the Revised Code.	542

(8) On receipt of a request pursuant to section 2151.86 of	543
the Revised Code, a completed form prescribed pursuant to division	544
(C)(1) of this section, and a set of fingerprint impressions	545
obtained in the manner described in division (C)(2) of this	546
section, the superintendent of the bureau of criminal	547
identification and investigation shall conduct a criminal records	548
check in the manner described in division (B) of this section to	549
determine whether any information exists that indicates that the	550
person who is the subject of the request previously has been	551
convicted of or pleaded guilty to any of the following:	552

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	553
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	554
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	555
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	556
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	557
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	558
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	559
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	560
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	561
of the Revised Code, a violation of section 2905.04 of the Revised	562
Code as it existed prior to July 1, 1996, a violation of section	563
2919.23 of the Revised Code that would have been a violation of	564
section 2905.04 of the Revised Code as it existed prior to July 1,	565
1996, had the violation been committed prior to that date, a	566
violation of section 2925.11 of the Revised Code that is not a	567
minor drug possession offense, two or more OVI or OVUAC violations	568
committed within the three years immediately preceding the	569
submission of the application or petition that is the basis of the	570
request, or felonious sexual penetration in violation of former	571
section 2907.12 of the Revised Code;	572

(b) A violation of an existing or former law of this state,	573
any other state, or the United States that is substantially	574
equivalent to any of the offenses listed in division (A)(8)(a) of	575
this section.	576

(9) When conducting a criminal records check onUpon receipt	577
of a request pursuant to section 5104.012 or 5104.013 of the	578
Revised Code for a person who is an owner, licensee, or	579
administrator of a child day-care center or type A family day-care	580
home, an authorized provider of a certified type B family day-care	581
home, or an adult residing in a type A or certified type B home,	582
or when conducting a criminal records check or a request pursuant	583
to section 5104.012 of the Revised Code for a person who is an	584
applicant for employment in a center, type A home, or certified	585
type B home, the superintendent, in addition to the determination	586
made under division (A)(1) of this section, shall, a completed	587
form prescribed pursuant to division (C)(1) of this section, and a	588
set of fingerprint impressions obtained in the manner described in	589
division (C)(2) of this section, the superintendent of the bureau	590
of criminal identification and investigation shall conduct a	591
criminal records check in the manner described in division (B) of	592
this section to determine whether any information exists that	593
indicates that the person who is the subject of the request has	594
been convicted of or pleaded guilty to any of the following:	595

(a) A violation of section 2903.01, 2903.02, 2903.03,	596
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	597
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	598
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	599
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	600
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	601
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	602
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	603
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	604
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, or 2923.01, 2923.12,	605
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	606
3716.11 of the Revised Code, felonious sexual penetration in	607
violation of former section 2907.12 of the Revised Code, a	608
violation of section 2905.04 of the Revised Code as it existed	609
prior to July 1, 1996, a violation of section 2919.23 of the	610
Revised Code that would have been a violation of section 2905.04	611
of the Revised Code as it existed prior to July 1, 1996, had the	612
violation been committed prior to that date, a violation of	613
section 2925.11 of the Revised Code that is not a minor drug	614
possession offense, a violation of section 2923.02 or 2923.03 of	615
the Revised Code that relates to a crime specified in this	616
division or division (A)(1)(a) of this section, or a second	617
violation of section 4511.19 of the Revised Code within five years	618
of the date of application for licensure or certification.	619

(b) A violation of an existing or former law of this state,	620
any other state, or the United States that is substantially	621
equivalent to any of the offenses or violations described in	622
division (A)(9)(a) of this section.	623

(10) Upon receipt of a request pursuant to section 5153.111	624
of the Revised Code, a completed form prescribed pursuant to	625
division (C)(1) of this section, and a set of fingerprint	626
impressions obtained in the manner described in division (C)(2) of	627
this section, the superintendent of the bureau of criminal	628
identification and investigation shall conduct a criminal records	629
check in the manner described in division (B) of this section to	630
determine whether any information exists that indicates that the	631
person who is the subject of the request previously has been	632
convicted of or pleaded guilty to any of the following:	633

(a) A violation of section 2903.01, 2903.02, 2903.03,	634
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	635
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	636
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	637
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	638
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	639
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	640
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	641
felonious sexual penetration in violation of former section	642
2907.12 of the Revised Code, a violation of section 2905.04 of the	643
Revised Code as it existed prior to July 1, 1996, a violation of	644
section 2919.23 of the Revised Code that would have been a	645
violation of section 2905.04 of the Revised Code as it existed	646
prior to July 1, 1996, had the violation been committed prior to	647
that date, or a violation of section 2925.11 of the Revised Code	648
that is not a minor drug possession offense;	649

(b) A violation of an existing or former law of this state,	650
any other state, or the United States that is substantially	651
equivalent to any of the offenses listed in division (A)(10)(a) of	652
this section.	653

(11) On receipt of a request for a criminal records check	654
from an individual pursuant to section 4749.03 or 4749.06 of the	655
Revised Code, accompanied by a completed copy of the form	656
prescribed in division (C)(1) of this section and a set of	657
fingerprint impressions obtained in a manner described in division	658
(C)(2) of this section, the superintendent of the bureau of	659
criminal identification and investigation shall conduct a criminal	660
records check in the manner described in division (B) of this	661
section to determine whether any information exists indicating	662
that the person who is the subject of the request has been	663
convicted of or pleaded guilty to a felony in this state or in any	664
other state. If the individual indicates that a firearm will be	665
carried in the course of business, the superintendent shall	666
require information from the federal bureau of investigation as	667
described in division (B)(2) of this section. The superintendent	668
shall report the findings of the criminal records check and any	669
information the federal bureau of investigation provides to the	670
director of public safety.	671

(12) On receipt of a request pursuant to section 1322.03,	672
1322.031, or 4763.05 of the Revised Code, a completed form	673
prescribed pursuant to division (C)(1) of this section, and a set	674
of fingerprint impressions obtained in the manner described in	675
division (C)(2) of this section, the superintendent of the bureau	676
of criminal identification and investigation shall conduct a	677
criminal records check with respect to any person who has applied	678
for a license, permit, or certification from the department of	679
commerce or a division in the department. The superintendent shall	680
conduct the criminal records check in the manner described in	681
division (B) of this section to determine whether any information	682
exists that indicates that the person who is the subject of the	683
request previously has been convicted of or pleaded guilty to any	684
of the following: a violation of section 2913.02, 2913.11,	685
2913.31, 2913.51, or 2925.03 of the Revised Code; any other	686
criminal offense involving theft, receiving stolen property,	687
embezzlement, forgery, fraud, passing bad checks, money	688
laundering, or drug trafficking, or any criminal offense involving	689
money or securities, as set forth in Chapters 2909., 2911., 2913.,	690
2915., 2921., 2923., and 2925. of the Revised Code; or any	691
existing or former law of this state, any other state, or the	692
United States that is substantially equivalent to those offenses.	693

(13) Not later than thirty days after the date the	694
superintendent receives the request, completed form, and	695
fingerprint impressions, the superintendent shall send the person,	696
board, or entity that made the request any information, other than	697
information the dissemination of which is prohibited by federal	698
law, the superintendent determines exists with respect to the	699
person who is the subject of the request that indicates that the	700
person previously has been convicted of or pleaded guilty to any	701
offense listed or described in division (A)(1), (2), (3), (4),	702
(5), (6), (7), (8), (9), (10), (11), or (12) of this section, as	703
appropriate. The superintendent shall send the person, board, or	704
entity that made the request a copy of the list of offenses	705
specified in division (A)(1), (2), (3), (4), (5), (6), (7), (8),	706
(9), (10), (11), or (12) of this section, as appropriate. If the	707
request was made under section 3701.881 of the Revised Code with	708
regard to an applicant who may be both responsible for the care,	709
custody, or control of a child and involved in providing direct	710
care to an older adult, the superintendent shall provide a list of	711
the offenses specified in divisions (A)(4) and (6) of this	712
section.	713

(B) The superintendent shall conduct any criminal records	714
check requested under section 121.08, 173.27, 173.394, 1322.03,	715
1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,	716
3721.121, 3722.151, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013,	717
5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the	718
Revised Code as follows:	719

(1) The superintendent shall review or cause to be reviewed	720
any relevant information gathered and compiled by the bureau under	721
division (A) of section 109.57 of the Revised Code that relates to	722
the person who is the subject of the request, including any	723
relevant information contained in records that have been sealed	724
under section 2953.32 of the Revised Code;	725

(2) If the request received by the superintendent asks for	726
information from the federal bureau of investigation, the	727
superintendent shall request from the federal bureau of	728
investigation any information it has with respect to the person	729
who is the subject of the request, including fingerprint based	730
checks of national crime information databases as described in 42	731
U.S.C. 671 if the request is made pursuant to section 2151.86,	732
5104.012, or 5104.013 of the Revised Code or if any other Revised	733
Code section requires fingerprint based checks of that nature, and	734
shall review or cause to be reviewed any information the	735
superintendent receives from that bureau.	736

(3) The superintendent or the superintendent's designee may	737
request criminal history records from other states or the federal	738
government pursuant to the national crime prevention and privacy	739
compact set forth in section 109.571 of the Revised Code.	740

(C)(1) The superintendent shall prescribe a form to obtain	741
the information necessary to conduct a criminal records check from	742
any person for whom a criminal records check is required by	743
section 121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86,	744
3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	745
4749.03, 4749.06, 4763.05, 5104.012, 5104.013, 5111.95, 5111.96,	746
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The	747
form that the superintendent prescribes pursuant to this division	748
may be in a tangible format, in an electronic format, or in both	749
tangible and electronic formats.	750

(2) The superintendent shall prescribe standard impression	751
sheets to obtain the fingerprint impressions of any person for	752
whom a criminal records check is required by section 121.08,	753
173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541,	754
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06,	755
4763.05, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28,	756
5126.281, or 5153.111 of the Revised Code. Any person for whom a	757
records check is required by any of those sections shall obtain	758
the fingerprint impressions at a county sheriff's office,	759
municipal police department, or any other entity with the ability	760
to make fingerprint impressions on the standard impression sheets	761
prescribed by the superintendent. The office, department, or	762
entity may charge the person a reasonable fee for making the	763
impressions. The standard impression sheets the superintendent	764
prescribes pursuant to this division may be in a tangible format,	765
in an electronic format, or in both tangible and electronic	766
formats.	767

(3) Subject to division (D) of this section, the	768
superintendent shall prescribe and charge a reasonable fee for	769
providing a criminal records check requested under section 121.08,	770
173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541,	771
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06,	772
4763.05, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28,	773
5126.281, or 5153.111 of the Revised Code. The person making a	774
criminal records request under section 121.08, 173.27, 173.394,	775
1322.03, 1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	776
3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 4763.05, 5104.012,	777
5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or	778
5153.111 of the Revised Codeany of those sections shall pay the	779
fee prescribed pursuant to this division. A person making a	780
request under section 3701.881 of the Revised Code for a criminal	781
records check for an applicant who may be both responsible for the	782
care, custody, or control of a child and involved in providing	783
direct care to an older adult shall pay one fee for the request.	784

(4) The superintendent of the bureau of criminal	785
identification and investigation may prescribe methods of	786
forwarding fingerprint impressions and information necessary to	787
conduct a criminal records check, which methods shall include, but	788
not be limited to, an electronic method.	789

(D) A determination whether any information exists that	790
indicates that a person previously has been convicted of or	791
pleaded guilty to any offense listed or described in division	792
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	793
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b),	794
(A)(9)(a) or (b), (A)(10)(a) or (b), or (A)(12) of this section	795
that is made by the superintendent with respect to information	796
considered in a criminal records check in accordance with this	797
section is valid for the person who is the subject of the criminal	798
records check for a period of one year from the date upon which	799
the superintendent makes the determination. During the period in	800
which the determination in regard to a person is valid, if another	801
request under this section is made for a criminal records check	802
for that person, the superintendent shall provide the information	803
that is the basis for the superintendent's initial determination	804
at a lower fee than the fee prescribed for the initial criminal	805
records check.	806

(E) As used in this section:

807

(1) "Criminal records check" means any criminal records check	808
conducted by the superintendent of the bureau of criminal	809
identification and investigation in accordance with division (B)	810
of this section.	811

(2) "Home and community-based waiver services" and "waiver	812
agency" have the same meanings as in section 5111.95 of the	813
Revised Code.	814

(3) "Independent provider" has the same meaning as in section	815
5111.96 of the Revised Code.	816

(4) "Minor drug possession offense" has the same meaning as	817
in section 2925.01 of the Revised Code.	818

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

819

(6) "OVI or OVUAC violation" means a violation of section	820
4511.19 of the Revised Code or a violation of an existing or	821
former law of this state, any other state, or the United States	822
that is substantially equivalent to section 4511.19 of the Revised	823
Code.	824

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

825

(1) "Individual" means any person who is required by law to	826
submit fingerprint impressions to a participating entity for a	827
criminal records check.	828

(2) "Participating entity" means a state agency or government	829
agency required by statute to submit fingerprint impressions of an	830
individual for a criminal records check as a condition of	831
licensure, certification, approval for adoption, employment, or	832
volunteer service with the agency.	833

(3) "State agency" has the same meaning as in section 9.23 of	834
the Revised Code.	835

(B) The superintendent of the bureau of criminal	836
identification and investigation shall establish and maintain a	837
retained applicant fingerprint database, separate and apart from	838
all other records maintained by the bureau, to notify a	839
participating entity when an individual who is licensed,	840
certified, approval for adoption, or employed by, or volunteers	841
with, the participating entity and is arrested for, or pleads	842
guilty to or is convicted of, an offense that would disqualify	843
that individual from licensure, certification, approval, or	844
employment by, or volunteering with, the participating entity.	845

(C)(1) A participating entity shall ensure that the	846
superintendent of the bureau of criminal identification and	847
investigation receives fingerprint impressions in a manner	848
prescribed by the bureau in rules adopted under this section prior	849
to an individual being licensed, certified, approved for adoption,	850
or employed by, or beginning volunteer service with, the	851
participating entity. The bureau shall enter information and the	852
fingerprint impressions relating to the individual into the	853
retained applicant fingerprint database within thirty days of	854
receiving the information and impressions.	855

(2) An individual who has submitted fingerprint impressions	856
for licensure, certification, approval for adoption, or employment	857
by, or volunteer service with, a participating entity shall be	858
reprinted for licensure, certification, approval, employment, or	859
volunteer service with another participating entity. If an	860
individual has been reprinted, the superintendent of the bureau of	861
criminal identification and investigation shall update that	862
individual's information accordingly.	863

(3) A participating entity shall notify the bureau of	864
criminal identification and investigation when an individual is no	865
longer licensed, certified, approved for adoption, or employed by,	866
or volunteers with, the participating entity, or the individual is	867
deceased.	868

(D) The superintendent of the bureau of criminal	869
identification and investigation shall promptly notify a	870
participating entity when an individual who is licensed,	871
certified, approved for adoption, or employed by, or volunteers	872
with, a participating entity is arrested for, or pleads guilty to	873
or is convicted of, an offense that would disqualify that	874
individual from licensure, certification, approval, employment, or	875
volunteering with the participating entity.	876

(E)(1) Information contained in the retained applicant	877
fingerprint database, and in the notice described in division (D)	878
of this section, shall be used by the bureau of criminal	879
identification and investigation and the participating entity for	880
the purposes of licensure, certification, approval for adoption,	881
or employment by, or volunteer service with, the participating	882
entity, and such information is otherwise confidential and not a	883
public record under section 149.43 of the Revised Code.	884

(2) No person shall knowingly disseminate or use the	885
information contained in the retained applicant fingerprint	886
database for any purpose that is not authorized by law or by rules	887
adopted pursuant to this section.	888

(3) No person shall knowingly use the information contained	889
in the retained applicant fingerprint database to harass or	890
intimidate another person.	891

(F)(1) Any law enforcement official, or official employed by	892
the participating entity who receives notification under this	893
section, who disseminates, or fails to disseminate, information	894
contained in the retained applicant fingerprint database in good	895
faith compliance with the duties imposed by this section is immune	896
from civil liability relating to that dissemination or failure to	897
disseminate, unless the official's actions were manifestly outside	898
the scope of duties imposed by this section or unless the official	899
acted with malicious purpose, in bad faith, or in a wanton or	900
reckless manner.	901

(2) A participating entity shall not be found negligent per	902
se in a civil action for failure to submit an individual's	903
information or fingerprint impressions to the bureau of criminal	904
identification and investigation in accordance with this section.	905

(G) Not later than six months after the effective date of	906
this section, each participating entity that is a state agency	907
shall adopt rules in accordance with Chapter 119. of the Revised	908
Code to implement this section. The rules shall be consistent with	909
the provisions of this section that are applicable to the	910
participating entity. Prior to the date on which rules adopted by	911
a participating entity under this division take effect, the	912
participating entity may use information provided under this	913
section, notwithstanding the fact that the rules have not taken	914
effect, and the lack of rules does not limit or restrict the	915
participating entity from using information so provided.	916

(H) The superintendent of the bureau of criminal	917
identification and investigation shall adopt rules in accordance	918
with Chapter 119. of the Revised Code necessary to carry out the	919
purposes of this section, including rules regarding all of the	920
following:	921

(1) The establishment and maintenance of the retained	922
applicant fingerprint database;	923

(2) The collection of fingerprint impressions and a	924
reasonable fee for utilizing the database;	925

(3) The expungement of fingerprint impressions and other	926
personal information of individuals who are deceased or are no	927
longer licensed, certified, approved for adoption, or employed by,	928
or volunteer with, a participating entity.	929

Sec. 109.60.  (A)(1) The sheriffs of the several counties and	930
the chiefs of police of cities, immediately upon the arrest of any	931
person for any felony, on suspicion of any felony, for a crime	932
constituting a misdemeanor on the first offense and a felony on	933
subsequent offenses, or for any misdemeanor described in division	934
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	935
Revised Code, and immediately upon the arrest or taking into	936
custody of any child under eighteen years of age for committing an	937
act that would be a felony or an offense of violence if committed	938
by an adult or upon probable cause to believe that a child of that	939
age may have committed an act that would be a felony or an offense	940
of violence if committed by an adult, shall take the person's or	941
child's fingerprints, or cause the same to be taken, according to	942
the fingerprint system of identification on the forms furnished by	943
the superintendent of the bureau of criminal identification and	944
investigation, and immediately shall forward copies of the	945
completed forms, any other description that may be required, and	946
the history of the offense committed to the bureau to be	947
classified and filed and to the clerk of the court having	948
jurisdiction over the prosecution of the offense or over the	949
adjudication relative to the act.	950

(2) IfExcept as provided in division (B) of this section, if	951
a person or child has not been arrested and first appears before a	952
court or magistrate in response to a summons, or if a sheriff or	953
chief of police has not taken, or caused to be taken, a person's	954
or child's fingerprints in accordance with division (A)(1) of this	955
section by the time of the arraignment or first appearance of the	956
person or child, the court shall order the person or child to	957
appear before the sheriff or chief of police within twenty-four	958
hours to have the person's or child's fingerprints taken. The	959
sheriff or chief of police shall take the person's or child's	960
fingerprints, or cause the fingerprints to be taken, according to	961
the fingerprint system of identification on the forms furnished by	962
the superintendent of the bureau of criminal identification and	963
investigation and, immediately after the person's or child's	964
arraignment or first appearance, forward copies of the completed	965
forms, any other description that may be required, and the history	966
of the offense committed to the bureau to be classified and filed	967
and to the clerk of the court.	968

(3) Every court with jurisdiction over a case involving a	969
person or child with respect to whom division (A)(1) or (2) of	970
this section requires a sheriff or chief of police to take the	971
person's or child's fingerprints shall inquire at the time of the	972
person's or child's sentencing or adjudication whether or not the	973
person or child has been fingerprinted pursuant to division (A)(1)	974
or (2) of this section for the original arrest or court appearance	975
upon which the sentence or adjudication is based. If the person or	976
child was not fingerprinted for the original arrest or court	977
appearance upon which the sentence or adjudication is based, the	978
court shall order the person or child to appear before the sheriff	979
or chief of police within twenty-four hours to have the person's	980
or child's fingerprints taken. The sheriff or chief of police	981
shall take the person's or child's fingerprints, or cause the	982
fingerprints to be taken, according to the fingerprint system of	983
identification on the forms furnished by the superintendent of the	984
bureau of criminal identification and investigation and	985
immediately forward copies of the completed forms, any other	986
description that may be required, and the history of the offense	987
committed to the bureau to be classified and filed and to the	988
clerk of the court.	989

(4) If a person or child is in the custody of a law	990
enforcement agency or a detention facility, as defined in section	991
2921.01 of the Revised Code, and the chief law enforcement officer	992
or chief administrative officer of the detention facility	993
discovers that a warrant has been issued or a bill of information	994
has been filed alleging the person or child to have committed an	995
offense or act other than the offense or act for which the person	996
or child is in custody, and the other alleged offense or act is	997
one for which fingerprints are to be taken pursuant to division	998
(A)(1) of this section, the law enforcement agency or detention	999
facility shall take the fingerprints of the person or child, or	1000
cause the fingerprints to be taken, according to the fingerprint	1001
system of identification on the forms furnished by the	1002
superintendent of the bureau of criminal identification and	1003
investigation and immediately forward copies of the completed	1004
forms, any other description that may be required, and the history	1005
of the offense committed to the bureau to be classified and filed	1006
and to the clerk of the court that issued the warrant or with	1007
which the bill of information was filed.	1008

(5) If an accused is found not guilty of the offense charged	1009
or a nolle prosequi is entered in any case, or if any accused	1010
child under eighteen years of age is found not to be a delinquent	1011
child for committing an act that would be a felony or an offense	1012
of violence if committed by an adult or not guilty of the felony	1013
or offense of violence charged or a nolle prosequi is entered in	1014
that case, the fingerprints and description shall be given to the	1015
accused upon the accused's request.	1016

(6) The superintendent shall compare the description received	1017
with those already on file in the bureau, and, if the	1018
superintendent finds that the person arrested or taken into	1019
custody has a criminal record or a record as a delinquent child	1020
for having committed an act that would be a felony or an offense	1021
of violence if committed by an adult or is a fugitive from justice	1022
or wanted by any jurisdiction in this or another state, the United	1023
States, or a foreign country for any offense, the superintendent	1024
at once shall inform the arresting officer, the officer taking the	1025
person into custody, or the chief administrative officer of the	1026
county, multicounty, municipal, municipal-county, or	1027
multicounty-municipal jail or workhouse, community-based	1028
correctional facility, halfway house, alternative residential	1029
facility, or state correctional institution in which the person or	1030
child is in custody of that fact and give appropriate notice to	1031
the proper authorities in the jurisdiction in which the person is	1032
wanted, or, if that jurisdiction is a foreign country, give	1033
appropriate notice to federal authorities for transmission to the	1034
foreign country. The names, under which each person whose	1035
identification is filed is known, shall be alphabetically indexed	1036
by the superintendent.	1037

(B) Division (A) of this section does not apply to a violator	1038
of a city ordinance unless the officers have reason to believe	1039
that the violator is a past offender or the crime is one	1040
constituting a misdemeanor on the first offense and a felony on	1041
subsequent offenses, or unless it is advisable for the purpose of	1042
subsequent identification. This section does not apply to any	1043
child under eighteen years of age who was not arrested or	1044
otherwise taken into custody for committing an act that would be a	1045
felony or an offense of violence if committed by an adult or upon	1046
probable cause to believe that a child of that age may have	1047
committed an act that would be a felony or an offense of violence	1048
if committed by an adult, except as provided in section 2151.313	1049
of the Revised Code.	1050

(C)(1) For purposes of division (C) of this section, a law	1051
enforcement agency shall be considered to have arrested a person	1052
if any law enforcement officer who is employed by, appointed by,	1053
or serves that agency arrests the person. As used in division (C)	1054
of this section:	1055

(a) "Illegal methamphetamine manufacturing laboratory" has	1056
the same meaning as in section 3745.13 of the Revised Code.	1057

(b) "Methamphetamine or a methamphetamine product" means	1058
methamphetamine, any salt, isomer, or salt of an isomer of	1059
methamphetamine, or any compound, mixture, preparation, or	1060
substance containing methamphetamine or any salt, isomer, or salt	1061
of an isomer of methamphetamine.	1062

(2) Each law enforcement agency that, in any calendar year,	1063
arrests any person for a violation of section 2925.04 of the	1064
Revised Code that is based on the manufacture of methamphetamine	1065
or a methamphetamine product, a violation of section 2925.041 of	1066
the Revised Code that is based on the possession of chemicals	1067
sufficient to produce methamphetamine or a methamphetamine	1068
product, or a violation of any other provision of Chapter 2925. or	1069
3719. of the Revised Code that is based on the possession of	1070
chemicals sufficient to produce methamphetamine or a	1071
methamphetamine product shall prepare an annual report covering	1072
the calendar year that contains the information specified in	1073
division (C)(3) of this section relative to all arrests for	1074
violations of those sections committed under those circumstances	1075
during that calendar year and relative to illegal methamphetamine	1076
manufacturing laboratories, dump sites, and chemical caches as	1077
specified in that division and shall send the annual report, not	1078
later than the first day of March in the calendar year following	1079
the calendar year covered by the report, to the bureau of criminal	1080
identification and investigation.	1081

The law enforcement agency shall write any annual report	1082
prepared and filed under this division on the standard forms	1083
furnished by the superintendent of the bureau of criminal	1084
identification and investigation pursuant to division (C)(4) of	1085
this section. The annual report shall be a statistical report, and	1086
nothing in the report or in the information it contains shall	1087
identify, or enable the identification of, any person who was	1088
arrested and whose arrest is included in the information contained	1089
in the report. The annual report in the possession of the bureau	1090
and the information it contains are public records for the purpose	1091
of section 149.43 of the Revised Code.	1092

(3) The annual report prepared and filed by a law enforcement	1093
agency under division (C)(2) of this section shall contain all of	1094
the following information for the calendar year covered by the	1095
report:	1096

(a) The total number of arrests made by the agency in that	1097
calendar year for a violation of section 2925.04 of the Revised	1098
Code that is based on the manufacture of methamphetamine or a	1099
methamphetamine product, a violation of section 2925.041 of the	1100
Revised Code that is based on the possession of chemicals	1101
sufficient to produce methamphetamine or a methamphetamine	1102
product, or a violation of any other provision of Chapter 2925. or	1103
3719. of the Revised Code that is based on the possession of	1104
chemicals sufficient to produce methamphetamine or a	1105
methamphetamine product;	1106

(b) The total number of illegal methamphetamine manufacturing	1107
laboratories at which one or more of the arrests reported under	1108
division (C)(3)(a) of this section occurred, or that were	1109
discovered in that calendar year within the territory served by	1110
the agency but at which none of the arrests reported under	1111
division (C)(3)(a) of this section occurred;	1112

(c) The total number of dump sites and chemical caches that	1113
are, or that are reasonably believed to be, related to illegal	1114
methamphetamine manufacturing and that were discovered in that	1115
calendar year within the territory served by the agency.	1116

(4) The superintendent of the bureau of criminal	1117
identification and investigation shall prepare and furnish to each	1118
law enforcement agency in this state standard forms for making the	1119
annual reports required by division (C)(2) of this section. The	1120
standard forms that the superintendent prepares pursuant to this	1121
division may be in a tangible format, in an electronic format, or	1122
in both a tangible format and an electronic format.	1123

(5) The annual report required by division (C)(2) of this	1124
section is separate from, and in addition to, any report,	1125
materials, or information required under division (A) of this	1126
section or under any other provision of sections 109.57 to 109.62	1127
of the Revised Code.	1128

Sec. 109.99.  (A) Whoever violates section 109.26 of the	1129
Revised Code shall be fined not less than five hundred nor more	1130
than ten thousand dollars or be imprisoned not less than one month	1131
nor more than one year, or both.	1132

(B) Whoever violates division (G)(1) of section 109.573 of	1133
the Revised Code is guilty of unlawful disclosure of DNA database	1134
information, a misdemeanor of the first degree.	1135

(C) Whoever violates division (G)(2) of section 109.573 of	1136
the Revised Code is guilty of unlawful possession of DNA database	1137
information, a misdemeanor of the first degree.	1138

(D)(1) Whoever violates division (E)(2) of section 109.581 of	1139
the Revised Code is guilty of unlawful dissemination or use of	1140
retained applicant fingerprint database information, a misdemeanor	1141
of the fourth degree.	1142

(2) Whoever violates division (E)(3) of section 109.581 of	1143
the Revised Code is guilty of harassment or intimidation using	1144
retained applicant fingerprint database information, as	1145
applicable, a misdemeanor of the first degree.	1146

(E)(1) Whoever violates division (G)(1) of section 109.35 of	1147
the Revised Code is guilty of entering into a transaction	1148
involving a nonprofit health care entity without the approval of	1149
the attorney general, a felony of the third degree.	1150

(2) Whoever violates division (G)(2) of section 109.35 of the	1151
Revised Code is guilty of receiving improper compensation relating	1152
to a transaction involving a nonprofit health care entity, a	1153
felony of the third degree.	1154

Sec. 1901.43.  (A) If a sheriff or chief of police has not	1155
taken, or caused to be taken, a person's or child's fingerprints	1156
in accordance with division (A)(1) of section 109.60 of the	1157
Revised Code with respect to a crime or act set forth in that	1158
division by the time of the arraignment or first appearance of the	1159
person or child with respect to that crime or act, the municipal	1160
court shall order the person or child to appear before the sheriff	1161
or chief of police within twenty-four hours of the arraignment or	1162
first appearance to have the person's or child's fingerprints	1163
taken as provided in division (A)(2) of section 109.60 of the	1164
Revised Code.	1165

(B) If the municipal court has jurisdiction over a case	1166
involving a person or child with respect to whom division (A)(1)	1167
or (2) of section 109.60 of the Revised Code requires a sheriff or	1168
chief of police to take the person's or child's fingerprints, the	1169
municipal court shall inquire at the time of the person's or	1170
child's sentencing or adjudication for the crime or act for which	1171
the fingerprints were required to be taken whether or not the	1172
person or child has been fingerprinted pursuant to division (A)(1)	1173
or (2) of section 109.60 of the Revised Code for the original	1174
arrest or court appearance upon which the sentence or adjudication	1175
is based. If a person or child was not fingerprinted for the	1176
original arrest or court appearance, the municipal court shall	1177
order the person or child to appear before the sheriff or chief of	1178
police within twenty-four hours to have the person's or child's	1179
fingerprints taken as provided in division (A)(3) of section	1180
109.60 of the Revised Code.	1181

Sec. 1907.181.  (A) If a sheriff or chief of police has not	1182
taken, or caused to be taken, a person's or child's fingerprints	1183
in accordance with division (A)(1) of section 109.60 of the	1184
Revised Code with respect to a crime or act set forth in that	1185
division by the time of the arraignment or first appearance of the	1186
person or child with respect to that crime or act, the county	1187
court shall order the person or child to appear before the sheriff	1188
or chief of police within twenty-four hours of the arraignment or	1189
first appearance to have the person's or child's fingerprints	1190
taken as provided in division (A)(2) of section 109.60 of the	1191
Revised Code.	1192

(B) If the county court has jurisdiction over a case	1193
involving a person or child with respect to whom division (A)(1)	1194
or (2) of section 109.60 of the Revised Code requires a sheriff or	1195
chief of police to take the person's or child's fingerprints, the	1196
county court shall inquire at the time of the person's or child's	1197
sentencing or adjudication for the crime or act for which the	1198
fingerprints were required to be taken whether or not the person	1199
or child has been fingerprinted pursuant to division (A)(1) or (2)	1200
of section 109.60 of the Revised Code for the original arrest or	1201
court appearance upon which the sentence or adjudication is based.	1202
If a person or child was not fingerprinted for the original arrest	1203
or court appearance, the county court shall order the person or	1204
child to appear before the sheriff or chief of police within	1205
twenty-four hours to have the person's or child's fingerprints	1206
taken as provided in division (A)(3) of section 109.60 of the	1207
Revised Code.	1208

Sec. 2151.413.  (A) A public children services agency or	1209
private child placing agency that, pursuant to an order of	1210
disposition under division (A)(2) of section 2151.353 of the	1211
Revised Code or under any version of section 2151.353 of the	1212
Revised Code that existed prior to January 1, 1989, is granted	1213
temporary custody of a child who is not abandoned or orphaned may	1214
file a motion in the court that made the disposition of the child	1215
requesting permanent custody of the child.	1216

(B) A public children services agency or private child	1217
placing agency that, pursuant to an order of disposition under	1218
division (A)(2) of section 2151.353 of the Revised Code or under	1219
any version of section 2151.353 of the Revised Code that existed	1220
prior to January 1, 1989, is granted temporary custody of a child	1221
who is orphaned may file a motion in the court that made the	1222
disposition of the child requesting permanent custody of the child	1223
whenever it can show that no relative of the child is able to take	1224
legal custody of the child.	1225

(C) A public children services agency or private child	1226
placing agency that, pursuant to an order of disposition under	1227
division (A)(5) of section 2151.353 of the Revised Code, places a	1228
child in a planned permanent living arrangement may file a motion	1229
in the court that made the disposition of the child requesting	1230
permanent custody of the child.	1231

(D)(1) Except as provided in division (D)(3) of this section,	1232
if a child has been in the temporary custody of one or more public	1233
children services agencies or private child placing agencies for	1234
twelve or more months of a consecutive twenty-two-month period	1235
ending on or after March 18, 1999, the agency with custody shall	1236
file a motion requesting permanent custody of the child. If the	1237
child has been in the temporary custody of one or more public	1238
children services agencies or private child placing agencies and	1239
the child was previously in the temporary custody of an equivalent	1240
agency in another state, the agency with custody of the child	1241
shall apply the time in temporary custody in the other state to	1242
the time in temporary custody in this state and, except as	1243
provided in division (D)(3) of this section, if the time spent in	1244
temporary custody equals twelve or more months of a consecutive	1245
twenty-two-month period, the agency with custody may file a motion	1246
requesting permanent custody of the child. The motion shall be	1247
filed in the court that issued the current order of temporary	1248
custody. For the purposes of this division, a child shall be	1249
considered to have entered the temporary custody of an agency on	1250
the earlier of the date the child is adjudicated pursuant to	1251
section 2151.28 of the Revised Code or the date that is sixty days	1252
after the removal of the child from home.	1253

(2) Except as provided in division (D)(3) of this section, if	1254
a court makes a determination pursuant to division (A)(2) of	1255
section 2151.419 of the Revised Code, the public children services	1256
agency or private child placing agency required to develop the	1257
permanency plan for the child under division (K) of section	1258
2151.417 of the Revised Code shall file a motion in the court that	1259
made the determination requesting permanent custody of the child.	1260

(3) An agency shall not file a motion for permanent custody	1261
under division (D)(1) or (2) of this section if any of the	1262
following apply:	1263

(a) The agency documents in the case plan or permanency plan	1264
a compelling reason that permanent custody is not in the best	1265
interest of the child.	1266

(b) If reasonable efforts to return the child to the child's	1267
home are required under section 2151.419 of the Revised Code, the	1268
agency has not provided the services required by the case plan to	1269
the parents of the child or the child to ensure the safe return of	1270
the child to the child's home.	1271

(c) The agency has been granted permanent custody of the	1272
child.	1273

(d) The child has been returned home pursuant to court order	1274
in accordance with division (A)(3) of section 2151.419 of the	1275
Revised Code.	1276

(E) Any agency that files a motion for permanent custody	1277
under this section shall include in the case plan of the child who	1278
is the subject of the motion, a specific plan of the agency's	1279
actions to seek an adoptive family for the child and to prepare	1280
the child for adoption.	1281

(F) The department of job and family services may adopt rules	1282
pursuant to Chapter 119. of the Revised Code that set forth the	1283
time frames for case reviews and for filing a motion requesting	1284
permanent custody under division (D)(1) of this section.	1285

Sec. 2151.414.  (A)(1) Upon the filing of a motion pursuant	1286
to section 2151.413 of the Revised Code for permanent custody of a	1287
child, the court shall schedule a hearing and give notice of the	1288
filing of the motion and of the hearing, in accordance with	1289
section 2151.29 of the Revised Code, to all parties to the action	1290
and to the child's guardian ad litem. The notice also shall	1291
contain a full explanation that the granting of permanent custody	1292
permanently divests the parents of their parental rights, a full	1293
explanation of their right to be represented by counsel and to	1294
have counsel appointed pursuant to Chapter 120. of the Revised	1295
Code if they are indigent, and the name and telephone number of	1296
the court employee designated by the court pursuant to section	1297
2151.314 of the Revised Code to arrange for the prompt appointment	1298
of counsel for indigent persons.	1299

The court shall conduct a hearing in accordance with section	1300
2151.35 of the Revised Code to determine if it is in the best	1301
interest of the child to permanently terminate parental rights and	1302
grant permanent custody to the agency that filed the motion. The	1303
adjudication that the child is an abused, neglected, or dependent	1304
child and any dispositional order that has been issued in the case	1305
under section 2151.353 of the Revised Code pursuant to the	1306
adjudication shall not be readjudicated at the hearing and shall	1307
not be affected by a denial of the motion for permanent custody.	1308

(2) The court shall hold the hearing scheduled pursuant to	1309
division (A)(1) of this section not later than one hundred twenty	1310
days after the agency files the motion for permanent custody,	1311
except that, for good cause shown, the court may continue the	1312
hearing for a reasonable period of time beyond the	1313
one-hundred-twenty-day deadline. The court shall issue an order	1314
that grants, denies, or otherwise disposes of the motion for	1315
permanent custody, and journalize the order, not later than two	1316
hundred days after the agency files the motion.	1317

If a motion is made under division (D)(2) of section 2151.413	1318
of the Revised Code and no dispositional hearing has been held in	1319
the case, the court may hear the motion in the dispositional	1320
hearing required by division (B) of section 2151.35 of the Revised	1321
Code. If the court issues an order pursuant to section 2151.353 of	1322
the Revised Code granting permanent custody of the child to the	1323
agency, the court shall immediately dismiss the motion made under	1324
division (D)(2) of section 2151.413 of the Revised Code.	1325

The failure of the court to comply with the time periods set	1326
forth in division (A)(2) of this section does not affect the	1327
authority of the court to issue any order under this chapter and	1328
does not provide any basis for attacking the jurisdiction of the	1329
court or the validity of any order of the court.	1330

(B)(1) Except as provided in division (B)(2) of this section,	1331
the court may grant permanent custody of a child to a movant if	1332
the court determines at the hearing held pursuant to division (A)	1333
of this section, by clear and convincing evidence, that it is in	1334
the best interest of the child to grant permanent custody of the	1335
child to the agency that filed the motion for permanent custody	1336
and that any of the following apply:	1337

(a) The child is not abandoned or orphaned or, has not been	1338
in the temporary custody of one or more public children services	1339
agencies or private child placing agencies for twelve or more	1340
months of a consecutive twenty-two-month period ending on or after	1341
March 18, 1999, or has not been in the temporary custody of one or	1342
more public children services agencies or private child placing	1343
agencies for twelve or more months of a consecutive	1344
twenty-two-month period if, as described in division (D)(1) of	1345
section 2151.413 of the Revised Code, the child was previously in	1346
the temporary custody of an equivalent agency in another state,	1347
and the child cannot be placed with either of the child's parents	1348
within a reasonable time or should not be placed with the child's	1349
parents.	1350

(b) The child is abandoned.

1351

(c) The child is orphaned, and there are no relatives of the	1352
child who are able to take permanent custody.	1353

(d) The child has been in the temporary custody of one or	1354
more public children services agencies or private child placing	1355
agencies for twelve or more months of a consecutive	1356
twenty-two-month period ending on or after March 18, 1999, or the	1357
child has been in the temporary custody of one or more public	1358
children services agencies or private child placing agencies for	1359
twelve or more months of a consecutive twenty-two-month period	1360
and, as described in division (D)(1) of section 2151.413 of the	1361
Revised Code, the child was previously in the temporary custody of	1362
an equivalent agency in another state.	1363

For the purposes of division (B)(1) of this section, a child	1364
shall be considered to have entered the temporary custody of an	1365
agency on the earlier of the date the child is adjudicated	1366
pursuant to section 2151.28 of the Revised Code or the date that	1367
is sixty days after the removal of the child from home.	1368

(2) With respect to a motion made pursuant to division (D)(2)	1369
of section 2151.413 of the Revised Code, the court shall grant	1370
permanent custody of the child to the movant if the court	1371
determines in accordance with division (E) of this section that	1372
the child cannot be placed with one of the child's parents within	1373
a reasonable time or should not be placed with either parent and	1374
determines in accordance with division (D) of this section that	1375
permanent custody is in the child's best interest.	1376

(C) In making the determinations required by this section or	1377
division (A)(4) of section 2151.353 of the Revised Code, a court	1378
shall not consider the effect the granting of permanent custody to	1379
the agency would have upon any parent of the child. A written	1380
report of the guardian ad litem of the child shall be submitted to	1381
the court prior to or at the time of the hearing held pursuant to	1382
division (A) of this section or section 2151.35 of the Revised	1383
Code but shall not be submitted under oath.	1384

If the court grants permanent custody of a child to a movant	1385
under this division, the court, upon the request of any party,	1386
shall file a written opinion setting forth its findings of fact	1387
and conclusions of law in relation to the proceeding. The court	1388
shall not deny an agency's motion for permanent custody solely	1389
because the agency failed to implement any particular aspect of	1390
the child's case plan.	1391

(D) In determining the best interest of a child at a hearing	1392
held pursuant to division (A) of this section or for the purposes	1393
of division (A)(4) or (5) of section 2151.353 or division (C) of	1394
section 2151.415 of the Revised Code, the court shall consider all	1395
relevant factors, including, but not limited to, the following:	1396

(1) The interaction and interrelationship of the child with	1397
the child's parents, siblings, relatives, foster caregivers and	1398
out-of-home providers, and any other person who may significantly	1399
affect the child;	1400

(2) The wishes of the child, as expressed directly by the	1401
child or through the child's guardian ad litem, with due regard	1402
for the maturity of the child;	1403

(3) The custodial history of the child, including whether the	1404
child has been in the temporary custody of one or more public	1405
children services agencies or private child placing agencies for	1406
twelve or more months of a consecutive twenty-two-month period	1407
ending on or after March 18, 1999, or the child has been in the	1408
temporary custody of one or more public children services agencies	1409
or private child placing agencies for twelve or more months of a	1410
consecutive twenty-two-month period and, as described in division	1411
(D)(1) of section 2151.413 of the Revised Code, the child was	1412
previously in the temporary custody of an equivalent agency in	1413
another state;	1414

(4) The child's need for a legally secure permanent placement	1415
and whether that type of placement can be achieved without a grant	1416
of permanent custody to the agency;	1417

(5) Whether any of the factors in divisions (E)(7) to (11) of	1418
this section apply in relation to the parents and child.	1419

For the purposes of this division, a child shall be	1420
considered to have entered the temporary custody of an agency on	1421
the earlier of the date the child is adjudicated pursuant to	1422
section 2151.28 of the Revised Code or the date that is sixty days	1423
after the removal of the child from home.	1424

(E) In determining at a hearing held pursuant to division (A)	1425
of this section or for the purposes of division (A)(4) of section	1426
2151.353 of the Revised Code whether a child cannot be placed with	1427
either parent within a reasonable period of time or should not be	1428
placed with the parents, the court shall consider all relevant	1429
evidence. If the court determines, by clear and convincing	1430
evidence, at a hearing held pursuant to division (A) of this	1431
section or for the purposes of division (A)(4) of section 2151.353	1432
of the Revised Code that one or more of the following exist as to	1433
each of the child's parents, the court shall enter a finding that	1434
the child cannot be placed with either parent within a reasonable	1435
time or should not be placed with either parent:	1436

(1) Following the placement of the child outside the child's	1437
home and notwithstanding reasonable case planning and diligent	1438
efforts by the agency to assist the parents to remedy the problems	1439
that initially caused the child to be placed outside the home, the	1440
parent has failed continuously and repeatedly to substantially	1441
remedy the conditions causing the child to be placed outside the	1442
child's home. In determining whether the parents have	1443
substantially remedied those conditions, the court shall consider	1444
parental utilization of medical, psychiatric, psychological, and	1445
other social and rehabilitative services and material resources	1446
that were made available to the parents for the purpose of	1447
changing parental conduct to allow them to resume and maintain	1448
parental duties.	1449

(2) Chronic mental illness, chronic emotional illness, mental	1450
retardation, physical disability, or chemical dependency of the	1451
parent that is so severe that it makes the parent unable to	1452
provide an adequate permanent home for the child at the present	1453
time and, as anticipated, within one year after the court holds	1454
the hearing pursuant to division (A) of this section or for the	1455
purposes of division (A)(4) of section 2151.353 of the Revised	1456
Code;	1457

(3) The parent committed any abuse as described in section	1458
2151.031 of the Revised Code against the child, caused the child	1459
to suffer any neglect as described in section 2151.03 of the	1460
Revised Code, or allowed the child to suffer any neglect as	1461
described in section 2151.03 of the Revised Code between the date	1462
that the original complaint alleging abuse or neglect was filed	1463
and the date of the filing of the motion for permanent custody;	1464

(4) The parent has demonstrated a lack of commitment toward	1465
the child by failing to regularly support, visit, or communicate	1466
with the child when able to do so, or by other actions showing an	1467
unwillingness to provide an adequate permanent home for the child;	1468

(5) The parent is incarcerated for an offense committed	1469
against the child or a sibling of the child;	1470

(6) The parent has been convicted of or pleaded guilty to an	1471
offense under division (A) or (C) of section 2919.22 or under	1472
section 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.03,	1473
2905.04, 2905.05, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	1474
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	1475
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.24,	1476
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, or 3716.11 of the	1477
Revised Code and the child or a sibling of the child was a victim	1478
of the offense or the parent has been convicted of or pleaded	1479
guilty to an offense under section 2903.04 of the Revised Code, a	1480
sibling of the child was the victim of the offense, and the parent	1481
who committed the offense poses an ongoing danger to the child or	1482
a sibling of the child.	1483

(7) The parent has been convicted of or pleaded guilty to one	1484
of the following:	1485

(a) An offense under section 2903.01, 2903.02, or 2903.03 of	1486
the Revised Code or under an existing or former law of this state,	1487
any other state, or the United States that is substantially	1488
equivalent to an offense described in those sections and the	1489
victim of the offense was a sibling of the child or the victim was	1490
another child who lived in the parent's household at the time of	1491
the offense;	1492

(b) An offense under section 2903.11, 2903.12, or 2903.13 of	1493
the Revised Code or under an existing or former law of this state,	1494
any other state, or the United States that is substantially	1495
equivalent to an offense described in those sections and the	1496
victim of the offense is the child, a sibling of the child, or	1497
another child who lived in the parent's household at the time of	1498
the offense;	1499

(c) An offense under division (B)(2) of section 2919.22 of	1500
the Revised Code or under an existing or former law of this state,	1501
any other state, or the United States that is substantially	1502
equivalent to the offense described in that section and the child,	1503
a sibling of the child, or another child who lived in the parent's	1504
household at the time of the offense is the victim of the offense;	1505

(d) An offense under section 2907.02, 2907.03, 2907.04,	1506
2907.05, or 2907.06 of the Revised Code or under an existing or	1507
former law of this state, any other state, or the United States	1508
that is substantially equivalent to an offense described in those	1509
sections and the victim of the offense is the child, a sibling of	1510
the child, or another child who lived in the parent's household at	1511
the time of the offense;	1512

(e) A conspiracy or attempt to commit, or complicity in	1513
committing, an offense described in division (E)(7)(a) or (d) of	1514
this section.	1515

(8) The parent has repeatedly withheld medical treatment or	1516
food from the child when the parent has the means to provide the	1517
treatment or food, and, in the case of withheld medical treatment,	1518
the parent withheld it for a purpose other than to treat the	1519
physical or mental illness or defect of the child by spiritual	1520
means through prayer alone in accordance with the tenets of a	1521
recognized religious body.	1522

(9) The parent has placed the child at substantial risk of	1523
harm two or more times due to alcohol or drug abuse and has	1524
rejected treatment two or more times or refused to participate in	1525
further treatment two or more times after a case plan issued	1526
pursuant to section 2151.412 of the Revised Code requiring	1527
treatment of the parent was journalized as part of a dispositional	1528
order issued with respect to the child or an order was issued by	1529
any other court requiring treatment of the parent.	1530

(10) The parent has abandoned the child.

1531

(11) The parent has had parental rights involuntarily	1532
terminated pursuant to this section or section 2151.353 or	1533
2151.415 of the Revised Code with respect to a sibling of the	1534
child pursuant to this section or section 2151.353 or 2151.415 of	1535
the Revised Code or under an existing or former law of this state,	1536
any other state, or the United States that is substantially	1537
equivalent to those sections.	1538

(12) The parent is incarcerated at the time of the filing of	1539
the motion for permanent custody or the dispositional hearing of	1540
the child and will not be available to care for the child for at	1541
least eighteen months after the filing of the motion for permanent	1542
custody or the dispositional hearing.	1543

(13) The parent is repeatedly incarcerated, and the repeated	1544
incarceration prevents the parent from providing care for the	1545
child.	1546

(14) The parent for any reason is unwilling to provide food,	1547
clothing, shelter, and other basic necessities for the child or to	1548
prevent the child from suffering physical, emotional, or sexual	1549
abuse or physical, emotional, or mental neglect.	1550

(15) The parent has committed abuse as described in section	1551
2151.031 of the Revised Code against the child or caused or	1552
allowed the child to suffer neglect as described in section	1553
2151.03 of the Revised Code, and the court determines that the	1554
seriousness, nature, or likelihood of recurrence of the abuse or	1555
neglect makes the child's placement with the child's parent a	1556
threat to the child's safety.	1557

(16) Any other factor the court considers relevant.

1558

(F) The parents of a child for whom the court has issued an	1559
order granting permanent custody pursuant to this section, upon	1560
the issuance of the order, cease to be parties to the action. This	1561
division is not intended to eliminate or restrict any right of the	1562
parents to appeal the granting of permanent custody of their child	1563
to a movant pursuant to this section.	1564

Sec. 2151.417.  (A) Any court that issues a dispositional	1565
order pursuant to section 2151.353, 2151.414, or 2151.415 of the	1566
Revised Code may review at any time the child's placement or	1567
custody arrangement, the case plan prepared for the child pursuant	1568
to section 2151.412 of the Revised Code, the actions of the public	1569
children services agency or private child placing agency in	1570
implementing that case plan, the child's permanency plan, if the	1571
child's permanency plan has been approved, and any other aspects	1572
of the child's placement or custody arrangement. In conducting the	1573
review, the court shall determine the appropriateness of any	1574
agency actions, the safety and appropriateness of continuing the	1575
child's placement or custody arrangement, and whether any changes	1576
should be made with respect to the child's permanency plan or	1577
placement or custody arrangement or with respect to the actions of	1578
the agency under the child's placement or custody arrangement.	1579
Based upon the evidence presented at a hearing held after notice	1580
to all parties and the guardian ad litem of the child, the court	1581
may require the agency, the parents, guardian, or custodian of the	1582
child, and the physical custodians of the child to take any	1583
reasonable action that the court determines is necessary and in	1584
the best interest of the child or to discontinue any action that	1585
it determines is not in the best interest of the child.	1586

(B) If a court issues a dispositional order pursuant to	1587
section 2151.353, 2151.414, or 2151.415 of the Revised Code, the	1588
court has continuing jurisdiction over the child as set forth in	1589
division (E)(1) of section 2151.353 of the Revised Code. The court	1590
may amend a dispositional order in accordance with division (E)(2)	1591
of section 2151.353 of the Revised Code at any time upon its own	1592
motion or upon the motion of any interested party. The court shall	1593
comply with section 2151.42 of the Revised Code in amending any	1594
dispositional order pursuant to this division.	1595

(C) Any court that issues a dispositional order pursuant to	1596
section 2151.353, 2151.414, or 2151.415 of the Revised Code shall	1597
hold a review hearing one year after the earlier of the date on	1598
which the complaint in the case was filed or the child was first	1599
placed into shelter care to review the case plan prepared pursuant	1600
to section 2151.412 of the Revised Code and the child's placement	1601
or custody arrangement, to approve or review the permanency plan	1602
for the child, and to make changes to the case plan and placement	1603
or custody arrangement consistent with the permanency plan. The	1604
court shall schedule the review hearing at the time that it holds	1605
the dispositional hearing pursuant to section 2151.35 of the	1606
Revised Code.	1607

The court shall hold a similar review hearing no later than	1608
every twelve months after the initial review hearing until the	1609
child is adopted, returned to the parents, or the court otherwise	1610
terminates the child's placement or custody arrangement, except	1611
that the dispositional hearing held pursuant to section 2151.415	1612
of the Revised Code shall take the place of the first review	1613
hearing to be held under this section. The court shall schedule	1614
each subsequent review hearing at the conclusion of the review	1615
hearing immediately preceding the review hearing to be scheduled.	1616

(D) If, within fourteen days after a written summary of an	1617
administrative review is filed with the court pursuant to section	1618
2151.416 of the Revised Code, the court does not approve the	1619
proposed change to the case plan filed pursuant to division (E) of	1620
section 2151.416 of the Revised Code or a party or the guardian ad	1621
litem requests a review hearing pursuant to division (E) of that	1622
section, the court shall hold a review hearing in the same manner	1623
that it holds review hearings pursuant to division (C) of this	1624
section, except that if a review hearing is required by this	1625
division and if a hearing is to be held pursuant to division (C)	1626
of this section or section 2151.415 of the Revised Code, the	1627
hearing held pursuant to division (C) of this section or section	1628
2151.415 of the Revised Code shall take the place of the review	1629
hearing required by this division.	1630

(E) If a court determines pursuant to section 2151.419 of the	1631
Revised Code that a public children services agency or private	1632
child placing agency is not required to make reasonable efforts to	1633
prevent the removal of a child from the child's home, eliminate	1634
the continued removal of a child from the child's home, and return	1635
the child to the child's home, and the court does not return the	1636
child to the child's home pursuant to division (A)(3) of section	1637
2151.419 of the Revised Code, the court shall hold a review	1638
hearing to approve the permanency plan for the child and, if	1639
appropriate, to make changes to the child's case plan and the	1640
child's placement or custody arrangement consistent with the	1641
permanency plan. The court may hold the hearing immediately	1642
following the determination under section 2151.419 of the Revised	1643
Code and shall hold it no later than thirty days after making that	1644
determination.	1645

(F) The court shall give notice of the review hearings held	1646
pursuant to this section to every interested party, including, but	1647
not limited to, the appropriate agency employees who are	1648
responsible for the child's care and planning, the child's	1649
parents, any person who had guardianship or legal custody of the	1650
child prior to the custody order, the child's guardian ad litem,	1651
and the child. The court shall summon every interested party to	1652
appear at the review hearing and give them an opportunity to	1653
testify and to present other evidence with respect to the child's	1654
custody arrangement, including, but not limited to, the following:	1655
the case plan for the child, the permanency plan, if one exists;	1656
the actions taken by the child's custodian; the need for a change	1657
in the child's custodian or caseworker; and the need for any	1658
specific action to be taken with respect to the child. The court	1659
shall require any interested party to testify or present other	1660
evidence when necessary to a proper determination of the issues	1661
presented at the review hearing. In any review hearing that	1662
pertains to a permanency plan for a child who will not be returned	1663
to the parent, the court shall consider in-state and out-of-state	1664
placement options and the court shall determine whether the	1665
in-state or the out-of-state placement continues to be appropriate	1666
and in the best interests of the child. In any review hearing that	1667
pertains to a permanency plan for a child, the court or a citizens	1668
board appointed by the court pursuant to division (H) of this	1669
section shall consult with the child, in an age-appropriate	1670
manner, regarding the proposed permanency plan for the child.	1671

(G) After the review hearing, the court shall take the	1672
following actions based upon the evidence presented:	1673

(1) If an administrative review has been conducted, determine	1674
whether the conclusions of the review are supported by a	1675
preponderance of the evidence and approve or modify the case plan	1676
based upon that evidence;	1677

(2) If the hearing was held under division (C) or (E) of this	1678
section, approve a permanency plan for the child that specifies	1679
whether and, if applicable, when the child will be safely returned	1680
home or placed for adoption, for legal custody, or in a planned	1681
permanent living arrangement. A permanency plan approved after a	1682
hearing under division (E) of this section shall not include any	1683
provision requiring the child to be returned to the child's home.	1684

(3) If the child is in temporary custody, do all of the	1685
following:	1686

(a) Determine whether the child can and should be returned	1687
home with or without an order for protective supervision;	1688

(b) If the child can and should be returned home with or	1689
without an order for protective supervision, terminate the order	1690
for temporary custody;	1691

(c) If the child cannot or should not be returned home with	1692
an order for protective supervision, determine whether the agency	1693
currently with custody of the child should retain custody or	1694
whether another public children services agency, private child	1695
placing agency, or an individual should be given custody of the	1696
child.	1697

The court shall comply with section 2151.42 of the Revised	1698
Code in taking any action under this division.	1699

(4) If the child is in permanent custody, determine what	1700
actions are required by the custodial agency and of any other	1701
organizations or persons in order to facilitate an adoption of the	1702
child and make any appropriate orders with respect to the custody	1703
arrangement or conditions of the child, including, but not limited	1704
to, a transfer of permanent custody to another public children	1705
services agency or private child placing agency;	1706

(5) Journalize the terms of the updated case plan for the	1707
child.	1708

(H) The court may appoint a referee or a citizens review	1709
board to conduct the review hearings that the court is required by	1710
this section to conduct, subject to the review and approval by the	1711
court of any determinations made by the referee or citizens review	1712
board. If the court appoints a citizens review board to conduct	1713
the review hearings, the board shall consist of one member	1714
representing the general public and four members who are trained	1715
or experienced in the care or placement of children and have	1716
training or experience in the fields of medicine, psychology,	1717
social work, education, or any related field. Of the initial	1718
appointments to the board, two shall be for a term of one year,	1719
two shall be for a term of two years, and one shall be for a term	1720
of three years, with all the terms ending one year after the date	1721
on which the appointment was made. Thereafter, all terms of the	1722
board members shall be for three years and shall end on the same	1723
day of the same month of the year as did the term that they	1724
succeed. Any member appointed to fill a vacancy occurring prior to	1725
the expiration of the term for which the member's predecessor was	1726
appointed shall hold office for the remainder of the term.	1727

(I) A copy of the court's determination following any review	1728
hearing held pursuant to this section shall be sent to the	1729
custodial agency, the guardian ad litem of the child who is the	1730
subject of the review hearing, and, if that child is not the	1731
subject of a permanent commitment hearing, the parents of the	1732
child.	1733

(J) If the hearing held under this section takes the place of	1734
an administrative review that otherwise would have been held under	1735
section 2151.416 of the Revised Code, the court at the hearing	1736
held under this section shall do all of the following in addition	1737
to any other requirements of this section:	1738

(1) Determine the continued necessity for and the safety and	1739
appropriateness of the child's placement;	1740

(2) Determine the extent of compliance with the child's case	1741
plan;	1742

(3) Determine the extent of progress that has been made	1743
toward alleviating or mitigating the causes necessitating the	1744
child's placement in foster care;	1745

(4) Project a likely date by which the child may be safely	1746
returned home or placed for adoption or legal custody.	1747

(K)(1) Whenever the court is required to approve a permanency	1748
plan under this section or section 2151.415 of the Revised Code,	1749
the public children services agency or private child placing	1750
agency that filed the complaint in the case, has custody of the	1751
child, or will be given custody of the child shall develop a	1752
permanency plan for the child. The agency must file the plan with	1753
the court prior to the hearing under this section or section	1754
2151.415 of the Revised Code.	1755

(2) The permanency plan developed by the agency must specify	1756
whether and, if applicable, when the child will be safely returned	1757
home or placed for adoption or legal custody. If the agency	1758
determines that there is a compelling reason why returning the	1759
child home or placing the child for adoption or legal custody is	1760
not in the best interest of the child, the plan shall provide that	1761
the child will be placed in a planned permanent living	1762
arrangement. A permanency plan developed as a result of a	1763
determination made under division (A)(2) of section 2151.419 of	1764
the Revised Code may not include any provision requiring the child	1765
to be returned home.	1766

Sec. 2151.419.  (A)(1) Except as provided in division (A)(2)	1767
of this section, at any hearing held pursuant to section 2151.28,	1768
division (E) of section 2151.31, or section 2151.314, 2151.33, or	1769
2151.353 of the Revised Code at which the court removes a child	1770
from the child's home or continues the removal of a child from the	1771
child's home, the court shall determine whether the public	1772
children services agency or private child placing agency that	1773
filed the complaint in the case, removed the child from home, has	1774
custody of the child, or will be given custody of the child has	1775
made reasonable efforts to prevent the removal of the child from	1776
the child's home, to eliminate the continued removal of the child	1777
from the child's home, or to make it possible for the child to	1778
return safely home. The agency shall have the burden of proving	1779
that it has made those reasonable efforts. If the agency removed	1780
the child from home during an emergency in which the child could	1781
not safely remain at home and the agency did not have prior	1782
contact with the child, the court is not prohibited, solely	1783
because the agency did not make reasonable efforts during the	1784
emergency to prevent the removal of the child, from determining	1785
that the agency made those reasonable efforts. In determining	1786
whether reasonable efforts were made, the child's health and	1787
safety shall be paramount.	1788

(2) If any of the following apply, the court shall make a	1789
determination that the agency is not required to make reasonable	1790
efforts to prevent the removal of the child from the child's home,	1791
eliminate the continued removal of the child from the child's	1792
home, and return the child to the child's home:	1793

(a) The parent from whom the child was removed has been	1794
convicted of or pleaded guilty to one of the following:	1795

(i) An offense under section 2903.01, 2903.02, or 2903.03 of	1796
the Revised Code or under an existing or former law of this state,	1797
any other state, or the United States that is substantially	1798
equivalent to an offense described in those sections and the	1799
victim of the offense was a sibling of the child or the victim was	1800
another child who lived in the parent's household at the time of	1801
the offense;	1802

(ii) An offense under section 2903.11, 2903.12, or 2903.13 of	1803
the Revised Code or under an existing or former law of this state,	1804
any other state, or the United States that is substantially	1805
equivalent to an offense described in those sections and the	1806
victim of the offense is the child, a sibling of the child, or	1807
another child who lived in the parent's household at the time of	1808
the offense;	1809

(iii) An offense under division (B)(2) of section 2919.22 of	1810
the Revised Code or under an existing or former law of this state,	1811
any other state, or the United States that is substantially	1812
equivalent to the offense described in that section and the child,	1813
a sibling of the child, or another child who lived in the parent's	1814
household at the time of the offense is the victim of the offense;	1815

(iv) An offense under section 2907.02, 2907.03, 2907.04,	1816
2907.05, or 2907.06 of the Revised Code or under an existing or	1817
former law of this state, any other state, or the United States	1818
that is substantially equivalent to an offense described in those	1819
sections and the victim of the offense is the child, a sibling of	1820
the child, or another child who lived in the parent's household at	1821
the time of the offense;	1822

(v) A conspiracy or attempt to commit, or complicity in	1823
committing, an offense described in division (A)(2)(a)(i) or (iv)	1824
of this section.	1825

(b) The parent from whom the child was removed has repeatedly	1826
withheld medical treatment or food from the child when the parent	1827
has the means to provide the treatment or food. If the parent has	1828
withheld medical treatment in order to treat the physical or	1829
mental illness or defect of the child by spiritual means through	1830
prayer alone, in accordance with the tenets of a recognized	1831
religious body, the court or agency shall comply with the	1832
requirements of division (A)(1) of this section.	1833

(c) The parent from whom the child was removed has placed the	1834
child at substantial risk of harm two or more times due to alcohol	1835
or drug abuse and has rejected treatment two or more times or	1836
refused to participate in further treatment two or more times	1837
after a case plan issued pursuant to section 2151.412 of the	1838
Revised Code requiring treatment of the parent was journalized as	1839
part of a dispositional order issued with respect to the child or	1840
an order was issued by any other court requiring such treatment of	1841
the parent.	1842

(d) The parent from whom the child was removed has abandoned	1843
the child.	1844

(e) The parent from whom the child was removed has had	1845
parental rights involuntarily terminated pursuant to section	1846
2151.353, 2151.414, or 2151.415 of the Revised Code with respect	1847
to a sibling of the child pursuant to section 2151.353, 2151.414,	1848
or 2151.415 of the Revised Code or under an existing or former law	1849
of this state, any other state, or the United States that is	1850
substantially equivalent to those sections.	1851

(3) At any hearing in which the court determines whether to	1852
return a child to the child's home, the court may issue an order	1853
that returns the child in situations in which the conditions	1854
described in divisions (A)(2)(a) to (e) of this section are	1855
present.	1856

(B)(1) A court that is required to make a determination as	1857
described in division (A)(1) or (2) of this section shall issue	1858
written findings of fact setting forth the reasons supporting its	1859
determination. If the court makes a written determination under	1860
division (A)(1) of this section, it shall briefly describe in the	1861
findings of fact the relevant services provided by the agency to	1862
the family of the child and why those services did not prevent the	1863
removal of the child from the child's home or enable the child to	1864
return safely home.	1865

(2) If a court issues an order that returns the child to the	1866
child's home in situations in which division (A)(2)(a), (b), (c),	1867
(d), or (e) of this section applies, the court shall issue written	1868
findings of fact setting forth the reasons supporting its	1869
determination.	1870

(C) If the court makes a determination pursuant to division	1871
(A)(2) of this section, the court shall conduct a review hearing	1872
pursuant to section 2151.417 of the Revised Code to approve a	1873
permanency plan with respect to the child, unless the court issues	1874
an order returning the child home pursuant to division (A)(3) of	1875
this section. The hearing to approve the permanency plan may be	1876
held immediately following the court's determination pursuant to	1877
division (A)(2) of this section and shall be held no later than	1878
thirty days following that determination.	1879

Sec. 2151.421.  (A)(1)(a) No person described in division	1880
(A)(1)(b) of this section who is acting in an official or	1881
professional capacity and knows, or has reasonable cause to	1882
suspect based on facts that would cause a reasonable person in a	1883
similar position to suspect, that a child under eighteen years of	1884
age or a mentally retarded, developmentally disabled, or	1885
physically impaired child under twenty-one years of age has	1886
suffered or faces a threat of suffering any physical or mental	1887
wound, injury, disability, or condition of a nature that	1888
reasonably indicates abuse or neglect of the child shall fail to	1889
immediately report that knowledge or reasonable cause to suspect	1890
to the entity or persons specified in this division. Except as	1891
provided in section 5120.173 of the Revised Code, the person	1892
making the report shall make it to the public children services	1893
agency or a municipal or county peace officer in the county in	1894
which the child resides or in which the abuse or neglect is	1895
occurring or has occurred. In the circumstances described in	1896
section 5120.173 of the Revised Code, the person making the report	1897
shall make it to the entity specified in that section.	1898

(b) Division (A)(1)(a) of this section applies to any person	1899
who is an attorney; physician, including a hospital intern or	1900
resident; dentist; podiatrist; practitioner of a limited branch of	1901
medicine as specified in section 4731.15 of the Revised Code;	1902
registered nurse; licensed practical nurse; visiting nurse; other	1903
health care professional; licensed psychologist; licensed school	1904
psychologist; independent marriage and family therapist or	1905
marriage and family therapist; speech pathologist or audiologist;	1906
coroner; administrator or employee of a child day-care center;	1907
administrator or employee of a residential camp or child day camp;	1908
administrator or employee of a certified child care agency or	1909
other public or private children services agency; school teacher;	1910
school employee; school authority; person engaged in social work	1911
or the practice of professional counseling; agent of a county	1912
humane society; person, other than a cleric, rendering spiritual	1913
treatment through prayer in accordance with the tenets of a	1914
well-recognized religion; employee of a county department of job	1915
and family services who is a professional and who works with	1916
children and families; superintendent, board member, or employee	1917
of a county board of mental retardation; investigative agent	1918
contracted with by a county board of mental retardation; employee	1919
of the department of mental retardation and developmental	1920
disabilities; employee of a facility or home that provides respite	1921
care in accordance with section 5123.171 of the Revised Code;	1922
employee of a home health agency; employee of an entity that	1923
provides homemaker services; a person performing the duties of an	1924
assessor pursuant to Chapter 3107. or 5103. of the Revised Code;	1925
or third party employed by a public children services agency to	1926
assist in providing child or family related services.	1927

(2) Except as provided in division (A)(3) of this section, an	1928
attorney or a physician is not required to make a report pursuant	1929
to division (A)(1) of this section concerning any communication	1930
the attorney or physician receives from a client or patient in an	1931
attorney-client or physician-patient relationship, if, in	1932
accordance with division (A) or (B) of section 2317.02 of the	1933
Revised Code, the attorney or physician could not testify with	1934
respect to that communication in a civil or criminal proceeding.	1935

(3) The client or patient in an attorney-client or	1936
physician-patient relationship described in division (A)(2) of	1937
this section is deemed to have waived any testimonial privilege	1938
under division (A) or (B) of section 2317.02 of the Revised Code	1939
with respect to any communication the attorney or physician	1940
receives from the client or patient in that attorney-client or	1941
physician-patient relationship, and the attorney or physician	1942
shall make a report pursuant to division (A)(1) of this section	1943
with respect to that communication, if all of the following apply:	1944

(a) The client or patient, at the time of the communication,	1945
is either a child under eighteen years of age or a mentally	1946
retarded, developmentally disabled, or physically impaired person	1947
under twenty-one years of age.	1948

(b) The attorney or physician knows, or has reasonable cause	1949
to suspect based on facts that would cause a reasonable person in	1950
similar position to suspect, as a result of the communication or	1951
any observations made during that communication, that the client	1952
or patient has suffered or faces a threat of suffering any	1953
physical or mental wound, injury, disability, or condition of a	1954
nature that reasonably indicates abuse or neglect of the client or	1955
patient.	1956

(c) The abuse or neglect does not arise out of the client's	1957
or patient's attempt to have an abortion without the notification	1958
of her parents, guardian, or custodian in accordance with section	1959
2151.85 of the Revised Code.	1960

(4)(a) No cleric and no person, other than a volunteer,	1961
designated by any church, religious society, or faith acting as a	1962
leader, official, or delegate on behalf of the church, religious	1963
society, or faith who is acting in an official or professional	1964
capacity, who knows, or has reasonable cause to believe based on	1965
facts that would cause a reasonable person in a similar position	1966
to believe, that a child under eighteen years of age or a mentally	1967
retarded, developmentally disabled, or physically impaired child	1968
under twenty-one years of age has suffered or faces a threat of	1969
suffering any physical or mental wound, injury, disability, or	1970
condition of a nature that reasonably indicates abuse or neglect	1971
of the child, and who knows, or has reasonable cause to believe	1972
based on facts that would cause a reasonable person in a similar	1973
position to believe, that another cleric or another person, other	1974
than a volunteer, designated by a church, religious society, or	1975
faith acting as a leader, official, or delegate on behalf of the	1976
church, religious society, or faith caused, or poses the threat of	1977
causing, the wound, injury, disability, or condition that	1978
reasonably indicates abuse or neglect shall fail to immediately	1979
report that knowledge or reasonable cause to believe to the entity	1980
or persons specified in this division. Except as provided in	1981
section 5120.173 of the Revised Code, the person making the report	1982
shall make it to the public children services agency or a	1983
municipal or county peace officer in the county in which the child	1984
resides or in which the abuse or neglect is occurring or has	1985
occurred. In the circumstances described in section 5120.173 of	1986
the Revised Code, the person making the report shall make it to	1987
the entity specified in that section.	1988

(b) Except as provided in division (A)(4)(c) of this section,	1989
a cleric is not required to make a report pursuant to division	1990
(A)(4)(a) of this section concerning any communication the cleric	1991
receives from a penitent in a cleric-penitent relationship, if, in	1992
accordance with division (C) of section 2317.02 of the Revised	1993
Code, the cleric could not testify with respect to that	1994
communication in a civil or criminal proceeding.	1995

(c) The penitent in a cleric-penitent relationship described	1996
in division (A)(4)(b) of this section is deemed to have waived any	1997
testimonial privilege under division (C) of section 2317.02 of the	1998
Revised Code with respect to any communication the cleric receives	1999
from the penitent in that cleric-penitent relationship, and the	2000
cleric shall make a report pursuant to division (A)(4)(a) of this	2001
section with respect to that communication, if all of the	2002
following apply:	2003

(i) The penitent, at the time of the communication, is either	2004
a child under eighteen years of age or a mentally retarded,	2005
developmentally disabled, or physically impaired person under	2006
twenty-one years of age.	2007

(ii) The cleric knows, or has reasonable cause to believe	2008
based on facts that would cause a reasonable person in a similar	2009
position to believe, as a result of the communication or any	2010
observations made during that communication, the penitent has	2011
suffered or faces a threat of suffering any physical or mental	2012
wound, injury, disability, or condition of a nature that	2013
reasonably indicates abuse or neglect of the penitent.	2014

(iii) The abuse or neglect does not arise out of the	2015
penitent's attempt to have an abortion performed upon a child	2016
under eighteen years of age or upon a mentally retarded,	2017
developmentally disabled, or physically impaired person under	2018
twenty-one years of age without the notification of her parents,	2019
guardian, or custodian in accordance with section 2151.85 of the	2020
Revised Code.	2021

(d) Divisions (A)(4)(a) and (c) of this section do not apply	2022
in a cleric-penitent relationship when the disclosure of any	2023
communication the cleric receives from the penitent is in	2024
violation of the sacred trust.	2025

(e) As used in divisions (A)(1) and (4) of this section,	2026
"cleric" and "sacred trust" have the same meanings as in section	2027
2317.02 of the Revised Code.	2028

(B) Anyone who knows, or has reasonable cause to suspect	2029
based on facts that would cause a reasonable person in similar	2030
circumstances to suspect, that a child under eighteen years of age	2031
or a mentally retarded, developmentally disabled, or physically	2032
impaired person under twenty-one years of age has suffered or	2033
faces a threat of suffering any physical or mental wound, injury,	2034
disability, or other condition of a nature that reasonably	2035
indicates abuse or neglect of the child may report or cause	2036
reports to be made of that knowledge or reasonable cause to	2037
suspect to the entity or persons specified in this division.	2038
Except as provided in section 5120.173 of the Revised Code, a	2039
person making a report or causing a report to be made under this	2040
division shall make it or cause it to be made to the public	2041
children services agency or to a municipal or county peace	2042
officer. In the circumstances described in section 5120.173 of the	2043
Revised Code, a person making a report or causing a report to be	2044
made under this division shall make it or cause it to be made to	2045
the entity specified in that section.	2046

(C) Any report made pursuant to division (A) or (B) of this	2047
section shall be made forthwith either by telephone or in person	2048
and shall be followed by a written report, if requested by the	2049
receiving agency or officer. The written report shall contain:	2050

(1) The names and addresses of the child and the child's	2051
parents or the person or persons having custody of the child, if	2052
known;	2053

(2) The child's age and the nature and extent of the child's	2054
injuries, abuse, or neglect that is known or reasonably suspected	2055
or believed, as applicable, to have occurred or of the threat of	2056
injury, abuse, or neglect that is known or reasonably suspected or	2057
believed, as applicable, to exist, including any evidence of	2058
previous injuries, abuse, or neglect;	2059

(3) Any other information that might be helpful in	2060
establishing the cause of the injury, abuse, or neglect that is	2061
known or reasonably suspected or believed, as applicable, to have	2062
occurred or of the threat of injury, abuse, or neglect that is	2063
known or reasonably suspected or believed, as applicable, to	2064
exist.	2065

Any person, who is required by division (A) of this section	2066
to report child abuse or child neglect that is known or reasonably	2067
suspected or believed to have occurred, may take or cause to be	2068
taken color photographs of areas of trauma visible on a child and,	2069
if medically indicated, cause to be performed radiological	2070
examinations of the child.	2071

(D) As used in this division, "children's advocacy center"	2072
and "sexual abuse of a child" have the same meanings as in section	2073
2151.425 of the Revised Code.	2074

(1) When a municipal or county peace officer receives a	2075
report concerning the possible abuse or neglect of a child or the	2076
possible threat of abuse or neglect of a child, upon receipt of	2077
the report, the municipal or county peace officer who receives the	2078
report shall refer the report to the appropriate public children	2079
services agency.	2080

(2) When a public children services agency receives a report	2081
pursuant to this division or division (A) or (B) of this section,	2082
upon receipt of the report, the public children services agency	2083
shall do both of the following:	2084

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

2085

(b) If the county served by the agency is also served by a	2086
children's advocacy center and the report alleges sexual abuse of	2087
a child or another type of abuse of a child that is specified in	2088
the memorandum of understanding that creates the center as being	2089
within the center's jurisdiction, comply regarding the report with	2090
the protocol and procedures for referrals and investigations, with	2091
the coordinating activities, and with the authority or	2092
responsibility for performing or providing functions, activities,	2093
and services stipulated in the interagency agreement entered into	2094
under section 2151.428 of the Revised Code relative to that	2095
center.	2096

(E) No township, municipal, or county peace officer shall	2097
remove a child about whom a report is made pursuant to this	2098
section from the child's parents, stepparents, or guardian or any	2099
other persons having custody of the child without consultation	2100
with the public children services agency, unless, in the judgment	2101
of the officer, and, if the report was made by physician, the	2102
physician, immediate removal is considered essential to protect	2103
the child from further abuse or neglect. The agency that must be	2104
consulted shall be the agency conducting the investigation of the	2105
report as determined pursuant to section 2151.422 of the Revised	2106
Code.	2107

(F)(1) Except as provided in section 2151.422 of the Revised	2108
Code or in an interagency agreement entered into under section	2109
2151.428 of the Revised Code that applies to the particular	2110
report, the public children services agency shall investigate,	2111
within twenty-four hours, each report of child abuse or child	2112
neglect that is known or reasonably suspected or believed to have	2113
occurred and of a threat of child abuse or child neglect that is	2114
known or reasonably suspected or believed to exist that is	2115
referred to it under this section to determine the circumstances	2116
surrounding the injuries, abuse, or neglect or the threat of	2117
injury, abuse, or neglect, the cause of the injuries, abuse,	2118
neglect, or threat, and the person or persons responsible. The	2119
investigation shall be made in cooperation with the law	2120
enforcement agency and in accordance with the memorandum of	2121
understanding prepared under division (J) of this section. A	2122
representative of the public children services agency shall, at	2123
the time of initial contact with the person subject to the	2124
investigation, inform the person of the specific complaints or	2125
allegations made against the person. The information shall be	2126
given in a manner that is consistent with division (H)(1) of this	2127
section and protects the rights of the person making the report	2128
under this section.	2129

A failure to make the investigation in accordance with the	2130
memorandum is not grounds for, and shall not result in, the	2131
dismissal of any charges or complaint arising from the report or	2132
the suppression of any evidence obtained as a result of the report	2133
and does not give, and shall not be construed as giving, any	2134
rights or any grounds for appeal or post-conviction relief to any	2135
person. The public children services agency shall report each case	2136
to the uniform statewide automated child welfare information	2137
system that the department of job and family services shall	2138
maintain in accordance with section 5101.13 of the Revised Code.	2139
The public children services agency shall submit a report of its	2140
investigation, in writing, to the law enforcement agency.	2141

(2) The public children services agency shall make any	2142
recommendations to the county prosecuting attorney or city	2143
director of law that it considers necessary to protect any	2144
children that are brought to its attention.	2145

(G)(1)(a) Except as provided in division (H)(3) of this	2146
section, anyone or any hospital, institution, school, health	2147
department, or agency participating in the making of reports under	2148
division (A) of this section, anyone or any hospital, institution,	2149
school, health department, or agency participating in good faith	2150
in the making of reports under division (B) of this section, and	2151
anyone participating in good faith in a judicial proceeding	2152
resulting from the reports, shall be immune from any civil or	2153
criminal liability for injury, death, or loss to person or	2154
property that otherwise might be incurred or imposed as a result	2155
of the making of the reports or the participation in the judicial	2156
proceeding.	2157

(b) Notwithstanding section 4731.22 of the Revised Code, the	2158
physician-patient privilege shall not be a ground for excluding	2159
evidence regarding a child's injuries, abuse, or neglect, or the	2160
cause of the injuries, abuse, or neglect in any judicial	2161
proceeding resulting from a report submitted pursuant to this	2162
section.	2163

(2) In any civil or criminal action or proceeding in which it	2164
is alleged and proved that participation in the making of a report	2165
under this section was not in good faith or participation in a	2166
judicial proceeding resulting from a report made under this	2167
section was not in good faith, the court shall award the	2168
prevailing party reasonable attorney's fees and costs and, if a	2169
civil action or proceeding is voluntarily dismissed, may award	2170
reasonable attorney's fees and costs to the party against whom the	2171
civil action or proceeding is brought.	2172

(H)(1) Except as provided in divisions (H)(4) and (M) of this	2173
section, a report made under this section is confidential. The	2174
information provided in a report made pursuant to this section and	2175
the name of the person who made the report shall not be released	2176
for use, and shall not be used, as evidence in any civil action or	2177
proceeding brought against the person who made the report. In a	2178
criminal proceeding, the report is admissible in evidence in	2179
accordance with the Rules of Evidence and is subject to discovery	2180
in accordance with the Rules of Criminal Procedure.	2181

(2) No person shall permit or encourage the unauthorized	2182
dissemination of the contents of any report made under this	2183
section.	2184

(3) A person who knowingly makes or causes another person to	2185
make a false report under division (B) of this section that	2186
alleges that any person has committed an act or omission that	2187
resulted in a child being an abused child or a neglected child is	2188
guilty of a violation of section 2921.14 of the Revised Code.	2189

(4) If a report is made pursuant to division (A) or (B) of	2190
this section and the child who is the subject of the report dies	2191
for any reason at any time after the report is made, but before	2192
the child attains eighteen years of age, the public children	2193
services agency or municipal or county peace officer to which the	2194
report was made or referred, on the request of the child fatality	2195
review board, shall submit a summary sheet of information	2196
providing a summary of the report to the review board of the	2197
county in which the deceased child resided at the time of death.	2198
On the request of the review board, the agency or peace officer	2199
may, at its discretion, make the report available to the review	2200
board. If the county served by the public children services agency	2201
is also served by a children's advocacy center and the report of	2202
alleged sexual abuse of a child or another type of abuse of a	2203
child is specified in the memorandum of understanding that creates	2204
the center as being within the center's jurisdiction, the agency	2205
or center shall perform the duties and functions specified in this	2206
division in accordance with the interagency agreement entered into	2207
under section 2151.428 of the Revised Code relative to that	2208
advocacy center.	2209

(5) A public children services agency shall advise a person	2210
alleged to have inflicted abuse or neglect on a child who is the	2211
subject of a report made pursuant to this section, including a	2212
report alleging sexual abuse of a child or another type of abuse	2213
of a child referred to a children's advocacy center pursuant to an	2214
interagency agreement entered into under section 2151.428 of the	2215
Revised Code, in writing of the disposition of the investigation.	2216
The agency shall not provide to the person any information that	2217
identifies the person who made the report, statements of	2218
witnesses, or police or other investigative reports.	2219

(I) Any report that is required by this section, other than a	2220
report that is made to the state highway patrol as described in	2221
section 5120.173 of the Revised Code, shall result in protective	2222
services and emergency supportive services being made available by	2223
the public children services agency on behalf of the children	2224
about whom the report is made, in an effort to prevent further	2225
neglect or abuse, to enhance their welfare, and, whenever	2226
possible, to preserve the family unit intact. The agency required	2227
to provide the services shall be the agency conducting the	2228
investigation of the report pursuant to section 2151.422 of the	2229
Revised Code.	2230

(J)(1) Each public children services agency shall prepare a	2231
memorandum of understanding that is signed by all of the	2232
following:	2233

(a) If there is only one juvenile judge in the county, the	2234
juvenile judge of the county or the juvenile judge's	2235
representative;	2236

(b) If there is more than one juvenile judge in the county, a	2237
juvenile judge or the juvenile judges' representative selected by	2238
the juvenile judges or, if they are unable to do so for any	2239
reason, the juvenile judge who is senior in point of service or	2240
the senior juvenile judge's representative;	2241

(c) The county peace officer;

2242

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

2243

(e) Other law enforcement officers handling child abuse and	2244
neglect cases in the county;	2245

(f) The prosecuting attorney of the county;

2246

(g) If the public children services agency is not the county	2247
department of job and family services, the county department of	2248
job and family services;	2249

(h) The county humane society;

2250

(i) If the public children services agency participated in	2251
the execution of a memorandum of understanding under section	2252
2151.426 of the Revised Code establishing a children's advocacy	2253
center, each participating member of the children's advocacy	2254
center established by the memorandum.	2255

(2) A memorandum of understanding shall set forth the normal	2256
operating procedure to be employed by all concerned officials in	2257
the execution of their respective responsibilities under this	2258
section and division (C) of section 2919.21, division (B)(1) of	2259
section 2919.22, division (B) of section 2919.23, and section	2260
2919.24 of the Revised Code and shall have as two of its primary	2261
goals the elimination of all unnecessary interviews of children	2262
who are the subject of reports made pursuant to division (A) or	2263
(B) of this section and, when feasible, providing for only one	2264
interview of a child who is the subject of any report made	2265
pursuant to division (A) or (B) of this section. A failure to	2266
follow the procedure set forth in the memorandum by the concerned	2267
officials is not grounds for, and shall not result in, the	2268
dismissal of any charges or complaint arising from any reported	2269
case of abuse or neglect or the suppression of any evidence	2270
obtained as a result of any reported child abuse or child neglect	2271
and does not give, and shall not be construed as giving, any	2272
rights or any grounds for appeal or post-conviction relief to any	2273
person.	2274

(3) A memorandum of understanding shall include all of the	2275
following:	2276

(a) The roles and responsibilities for handling emergency and	2277
nonemergency cases of abuse and neglect;	2278

(b) Standards and procedures to be used in handling and	2279
coordinating investigations of reported cases of child abuse and	2280
reported cases of child neglect, methods to be used in	2281
interviewing the child who is the subject of the report and who	2282
allegedly was abused or neglected, and standards and procedures	2283
addressing the categories of persons who may interview the child	2284
who is the subject of the report and who allegedly was abused or	2285
neglected.	2286

(4) If a public children services agency participated in the	2287
execution of a memorandum of understanding under section 2151.426	2288
of the Revised Code establishing a children's advocacy center, the	2289
agency shall incorporate the contents of that memorandum in the	2290
memorandum prepared pursuant to this section.	2291

(5) The clerk of the court of common pleas in the county may	2292
sign the memorandum of understanding prepared under division	2293
(J)(1) of this section. If the clerk signs the memorandum of	2294
understanding, the clerk shall execute all relevant	2295
responsibilities as required of officials specified in the	2296
memorandum.	2297

(K)(1) Except as provided in division (K)(4) of this section,	2298
a person who is required to make a report pursuant to division (A)	2299
of this section may make a reasonable number of requests of the	2300
public children services agency that receives or is referred the	2301
report, or of the children's advocacy center that is referred the	2302
report if the report is referred to a children's advocacy center	2303
pursuant to an interagency agreement entered into under section	2304
2151.428 of the Revised Code, to be provided with the following	2305
information:	2306

(a) Whether the agency or center has initiated an	2307
investigation of the report;	2308

(b) Whether the agency or center is continuing to investigate	2309
the report;	2310

(c) Whether the agency or center is otherwise involved with	2311
the child who is the subject of the report;	2312

(d) The general status of the health and safety of the child	2313
who is the subject of the report;	2314

(e) Whether the report has resulted in the filing of a	2315
complaint in juvenile court or of criminal charges in another	2316
court.	2317

(2) A person may request the information specified in	2318
division (K)(1) of this section only if, at the time the report is	2319
made, the person's name, address, and telephone number are	2320
provided to the person who receives the report.	2321

When a municipal or county peace officer or employee of a	2322
public children services agency receives a report pursuant to	2323
division (A) or (B) of this section the recipient of the report	2324
shall inform the person of the right to request the information	2325
described in division (K)(1) of this section. The recipient of the	2326
report shall include in the initial child abuse or child neglect	2327
report that the person making the report was so informed and, if	2328
provided at the time of the making of the report, shall include	2329
the person's name, address, and telephone number in the report.	2330

Each request is subject to verification of the identity of	2331
the person making the report. If that person's identity is	2332
verified, the agency shall provide the person with the information	2333
described in division (K)(1) of this section a reasonable number	2334
of times, except that the agency shall not disclose any	2335
confidential information regarding the child who is the subject of	2336
the report other than the information described in those	2337
divisions.	2338

(3) A request made pursuant to division (K)(1) of this	2339
section is not a substitute for any report required to be made	2340
pursuant to division (A) of this section.	2341

(4) If an agency other than the agency that received or was	2342
referred the report is conducting the investigation of the report	2343
pursuant to section 2151.422 of the Revised Code, the agency	2344
conducting the investigation shall comply with the requirements of	2345
division (K) of this section.	2346

(L) The director of job and family services shall adopt rules	2347
in accordance with Chapter 119. of the Revised Code to implement	2348
this section. The department of job and family services may enter	2349
into a plan of cooperation with any other governmental entity to	2350
aid in ensuring that children are protected from abuse and	2351
neglect. The department shall make recommendations to the attorney	2352
general that the department determines are necessary to protect	2353
children from child abuse and child neglect.	2354

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

2355

(a) "Out-of-home care" includes a nonchartered nonpublic	2356
school if the alleged child abuse or child neglect, or alleged	2357
threat of child abuse or child neglect, described in a report	2358
received by a public children services agency allegedly occurred	2359
in or involved the nonchartered nonpublic school and the alleged	2360
perpetrator named in the report holds a certificate, permit, or	2361
license issued by the state board of education under section	2362
3301.071 or Chapter 3319. of the Revised Code.	2363

(b) "Administrator, director, or other chief administrative	2364
officer" means the superintendent of the school district if the	2365
out-of-home care entity subject to a report made pursuant to this	2366
section is a school operated by the district.	2367

(2) No later than the end of the day following the day on	2368
which a public children services agency receives a report of	2369
alleged child abuse or child neglect, or a report of an alleged	2370
threat of child abuse or child neglect, that allegedly occurred in	2371
or involved an out-of-home care entity, the agency shall provide	2372
written notice of the allegations contained in and the person	2373
named as the alleged perpetrator in the report to the	2374
administrator, director, or other chief administrative officer of	2375
the out-of-home care entity that is the subject of the report	2376
unless the administrator, director, or other chief administrative	2377
officer is named as an alleged perpetrator in the report. If the	2378
administrator, director, or other chief administrative officer of	2379
an out-of-home care entity is named as an alleged perpetrator in a	2380
report of alleged child abuse or child neglect, or a report of an	2381
alleged threat of child abuse or child neglect, that allegedly	2382
occurred in or involved the out-of-home care entity, the agency	2383
shall provide the written notice to the owner or governing board	2384
of the out-of-home care entity that is the subject of the report.	2385
The agency shall not provide witness statements or police or other	2386
investigative reports.	2387

(3) No later than three days after the day on which a public	2388
children services agency that conducted the investigation as	2389
determined pursuant to section 2151.422 of the Revised Code makes	2390
a disposition of an investigation involving a report of alleged	2391
child abuse or child neglect, or a report of an alleged threat of	2392
child abuse or child neglect, that allegedly occurred in or	2393
involved an out-of-home care entity, the agency shall send written	2394
notice of the disposition of the investigation to the	2395
administrator, director, or other chief administrative officer and	2396
the owner or governing board of the out-of-home care entity. The	2397
agency shall not provide witness statements or police or other	2398
investigative reports.	2399

Sec. 2151.424.  (A) If a child has been placed in a certified	2400
foster home or is in the custody of a relative of the child, other	2401
than a parent of the child, a court, prior to conducting any	2402
hearing pursuant to division (E)(2) or (3) of section 2151.412 or	2403
section 2151.28, 2151.33, 2151.35, 2151.414, 2151.415, 2151.416,	2404
or 2151.417 of the Revised Code with respect to the child, shall	2405
notify the foster caregiver or relative of the date, time, and	2406
place of the hearing. At the hearing, the foster caregiver or	2407
relative mayshall have the right to present evidence.	2408

(B) If a public children services agency or private child	2409
placing agency has permanent custody of a child and a petition to	2410
adopt the child has been filed under Chapter 3107. of the Revised	2411
Code, the agency, prior to conducting a review under section	2412
2151.416 of the Revised Code, or a court, prior to conducting a	2413
hearing under division (E)(2) or (3) of section 2151.412 or	2414
section 2151.416 or 2151.417 of the Revised Code, shall notify the	2415
prospective adoptive parent of the date, time, and place of the	2416
review or hearing. At the review or hearing, the prospective	2417
adoptive parent mayshall have the right to present evidence.	2418

(C) The notice and the opportunity to present evidence do not	2419
make the foster caregiver, relative, or prospective adoptive	2420
parent a party in the action or proceeding pursuant to which the	2421
review or hearing is conducted.	2422

Sec. 2151.55. (A) When a private or governmental entity	2423
intends to place a child in a certified foster home in a county	2424
other than the county in which the child resided at the time of	2425
being removed from home, a representative of the placing entity,	2426
prior to the placement, shall orally communicate in writing the	2427
intended placement to the foster caregiver with whom the child is	2428
to be placed and, if the child will attend the schools of the	2429
district in which the certified foster home is located, a	2430
representative of the school district's board of educationto all	2431
of the following persons:	2432

(1) The superintendent of each board of education of a school	2433
district that has schools within the specified geographical	2434
notification area;	2435

(2) The appointing or hiring officer of each chartered	2436
nonpublic school or each other school that is located within the	2437
specified geographical notification area and that is not operated	2438
by a board of education described in division (A)(1) of this	2439
section;	2440

(3) The sheriff of each county that includes any portion of	2441
the specified geographical notification area;	2442

(4) The chief of police, marshal, or other chief law	2443
enforcement officer of the municipal corporation in which the	2444
foster home is located or, if the foster home is located in an	2445
unincorporated area, the constable or chief of the police	2446
department or police district police force of the township in	2447
which the foster home is located.	2448

(B) As used in division (A) of this section, "specified	2449
geographical notification area" means the geographic area or areas	2450
within which the attorney general, by rule adopted under section	2451
2950.13 of the Revised Code, requires the notice described in	2452
division (B) of section 2950.11 of the Revised Code to be given to	2453
the persons identified in divisions (A)(2) to (8) of that section,	2454
except that any references made in a rule so adopted to a specific	2455
proximity to an offender's or delinquent child's residential	2456
premises shall be considered for purposes of division (A) of this	2457
section to be references to the same specific proximity to the	2458
premises of the foster home.	2459

Sec. 2151.551. DuringIn the oralwritten communication	2460
described in section 2151.55 of the Revised Code, the	2461
representative of the placing entity shall do the following:	2462

(A) Discuss safety and well-being concerns regarding the	2463
child and, if the child attends school, the students, teachers,	2464
and personnel of the school;	2465

(B) Provide the following information:

2466

(1) The child's name and age;

2467

(2) A brief description of the reasons the child was removed	2468
from home;	2469

(2)(3) Services the child is receiving;

2470

(3)(4) The name of the contact person for the placing entity	2471
that is directly responsible for monitoring the child's placement;	2472

(4)(5) The telephone number of the placing entity and, if the	2473
child is in the temporary, permanent, or legal custody of a	2474
private or government entity other than the placing entity, the	2475
telephone number of the entity with custody;	2476

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

2477

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

2478

(C) If the child has been classified treatment level III or	2479
has been adjudicated a delinquent child for committing an act that	2480
if committed by an adult would be a felony, in addition to the	2481
discussion and provision of information required under divisions	2482
(A) and (B) of this section, provide the address of the certified	2483
foster home, the name and a telephone number of a contact person	2484
at that home, and a statement that the home is a treatment foster	2485
home, provide a brief description of the facts supporting the	2486
classification of the child as treatment level III or of the facts	2487
and circumstances of the act resulting in the delinquent child	2488
adjudication, and discuss safety and well-being concerns with	2489
respect to the child and the community.	2490

Sec. 2151.553.        Sec. 2151.552.  Each school district board of	2491
education shall implement a procedure for receiving the	2492
information described in section 2151.5522151.551 of the Revised	2493
Code. The procedure implemented under this section shall contain	2494
safeguards to ensure the confidentiality of the information	2495
provided.	2496

Sec. 2151.554.        Sec. 2151.553.  When a private or governmental	2497
entity places a child who has been adjudicated to be an unruly or	2498
delinquent child in a certified foster home in a county other than	2499
the county in which the child resided at the time of being removed	2500
from home, the placing entity shall provide the following	2501
information in writing to the juvenile court of the county in	2502
which the certified foster home is located, unless that juvenile	2503
court is the court of jurisdiction in the child's case:	2504

(A) The information listed in divisions (B)(2)(3) to (4)(5)	2505
of section 2151.551 of the Revised Code;	2506

(B) A brief description of the facts supporting the	2507
adjudication that the child is unruly or delinquent;	2508

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

2509

(D) Safety and well-being concerns with respect to the child	2510
and community.	2511

Sec. 2151.554. (A) Any information, document, written or oral	2512
statement, or report provided by a private or governmental entity	2513
pursuant to sections 2151.55 to 2151.553 of the Revised Code is	2514
confidential and is not a public record open to public inspection	2515
under section 149.43 of the Revised Code.	2516

(B) No person shall permit or encourage the unauthorized	2517
dissemination of the confidential information described in	2518
division (A) of this section, except pursuant to a court order as	2519
provided by law.	2520

Sec. 2151.86.  (A)(1) The appointing or hiring officer of any	2521
entity that appoints or employs any person responsible for a	2522
child's care in out-of-home care shall request the superintendent	2523
of BCII to conduct a criminal records check with respect to any	2524
person who is under final consideration for appointment or	2525
employment as a person responsible for a child's care in	2526
out-of-home care, except that section 3319.39 of the Revised Code	2527
shall apply instead of this section if the out-of-home care entity	2528
is a public school, educational service center, or chartered	2529
nonpublic school.	2530

(2) TheAt the times specified in this division, the	2531
administrative director of an agency, or attorney, who arranges an	2532
adoption for a prospective adoptive parent shall request the	2533
superintendent of BCII to conduct a criminal records check with	2534
respect to that prospective adoptive parent and a criminal records	2535
check with respect to all persons eighteen years of age or older	2536
who reside with the prospective adoptive parent. The	2537
administrative director or attorney shall request a criminal	2538
records check pursuant to this division at the time of the initial	2539
home study, every four years after the initial home study at the	2540
time of an update, and at the time that an adoptive home study is	2541
completed as a new home study.	2542

(3) Before a recommending agency submits a recommendation to	2543
the department of job and family services on whether the	2544
department should issue a certificate to a foster home under	2545
section 5103.03 of the Revised Code, and every four years	2546
thereafter prior to a recertification under that section, the	2547
administrative director of the agency shall request that the	2548
superintendent of BCII conduct a criminal records check with	2549
respect to the prospective foster caregiver and a criminal records	2550
check with respect to all other persons eighteen years of age or	2551
older who reside with the foster caregiver.	2552

(B)(1) If a person subject to a criminal records check under	2553
division (A)(1) of this section does not present proof that the	2554
person has been a resident of this state for the five-year period	2555
immediately prior to the date upon which the criminal records	2556
check is requested or does not provide evidence that within that	2557
five-year period the superintendent of BCII has requested	2558
information about the person from the federal bureau of	2559
investigation in a criminal records check, the appointing or	2560
hiring officer, administrative director, or attorney shall request	2561
that the superintendent of BCII obtain information from the	2562
federal bureau of investigation as a part of the criminal records	2563
check, including fingerprint based checks of national crime	2564
information databases as described in 42 U.S.C. 671. If thea	2565
person subject to thea criminal records check under division	2566
(A)(1) of this section presents proof that the person has been a	2567
resident of this state for that five-year period, the appointing	2568
or hiring officer, director, or attorney may request that the	2569
superintendent of BCII include information from the federal bureau	2570
of investigation in the criminal records check, including	2571
fingerprint based checks of national crime information databases	2572
as described in 42 U.S.C. 671.	2573

When the administrative director of an agency, or attorney,	2574
who arranges an adoption for a prospective parent requests, at the	2575
time of the initial home study, a criminal records check for a	2576
person pursuant to division (A)(2) of this section, the	2577
administrative director or attorney shall request that the	2578
superintendent of BCII obtain information from the federal bureau	2579
of investigation as part of the criminal records check, including	2580
fingerprint based checks of national crime information databases	2581
as described in 42 U.S.C. 671, for the person subject to the	2582
criminal records check. In all other cases in which the	2583
administrative director of an agency, or attorney, who arranges an	2584
adoption for a prospective parent requests a criminal records	2585
check for a person pursuant to division (A)(2) of this section,	2586
the administrative director or attorney may request that the	2587
superintendent of BCII include information from the federal bureau	2588
of investigation in the criminal records check, including	2589
fingerprint based checks of national crime information databases	2590
as described in 42 U.S.C. 671.	2591

When the administrative director of a recommending agency	2592
requests, before submitting a recommendation to the department of	2593
job and family services on whether the department should issue a	2594
certificate to a foster home under section 5103.03 of the Revised	2595
Code, a criminal records check for a person pursuant to division	2596
(A)(3) of this section, the administrative director shall request	2597
that the superintendent of BCII obtain information from the	2598
federal bureau of investigation as part of a criminal records	2599
check, including fingerprint based checks of national crime	2600
information databases as described in 42 U.S.C. 671, for the	2601
person subject to the criminal records check. In all other cases	2602
in which the administrative director of a recommending agency	2603
requests a criminal records check for a person pursuant to	2604
division (A)(3) of this section, the administrative director may	2605
request that the superintendent of BCII include information from	2606
the federal bureau of investigation in the criminal records check,	2607
including fingerprint based checks of national crime information	2608
databases as described in 42 U.S.C. 671.	2609

(2) An appointing or hiring officer, administrative director,	2610
or attorney required by division (A) of this section to request a	2611
criminal records check shall provide to each person subject to a	2612
criminal records check a copy of the form prescribed pursuant to	2613
division (C)(1) of section 109.572 of the Revised Code and a	2614
standard impression sheet to obtain fingerprint impressions	2615
prescribed pursuant to division (C)(2) of section 109.572 of the	2616
Revised Code, obtain the completed form and impression sheet from	2617
the person, and forward the completed form and impression sheet to	2618
the superintendent of BCII at the time the criminal records check	2619
is requested.	2620

Any person subject to a criminal records check who receives	2621
pursuant to this division a copy of the form prescribed pursuant	2622
to division (C)(1) of section 109.572 of the Revised Code and a	2623
copy of an impression sheet prescribed pursuant to division (C)(2)	2624
of that section and who is requested to complete the form and	2625
provide a set of fingerprint impressions shall complete the form	2626
or provide all the information necessary to complete the form and	2627
shall provide the impression sheet with the impressions of the	2628
person's fingerprints. If a person subject to a criminal records	2629
check, upon request, fails to provide the information necessary to	2630
complete the form or fails to provide impressions of the person's	2631
fingerprints, the appointing or hiring officer shall not appoint	2632
or employ the person as a person responsible for a child's care in	2633
out-of-home care, a probate court may not issue a final decree of	2634
adoption or an interlocutory order of adoption making the person	2635
an adoptive parent, and the department of job and family services	2636
shall not issue a certificate authorizing the prospective foster	2637
caregiver to operate a foster home.	2638

(C)(1) No appointing or hiring officer shall appoint or	2639
employ a person as a person responsible for a child's care in	2640
out-of-home care, the department of job and family services shall	2641
not issue a certificate under section 5103.03 of the Revised Code	2642
authorizing a prospective foster caregiver to operate a foster	2643
home, and no probate court shall issue a final decree of adoption	2644
or an interlocutory order of adoption making a person an adoptive	2645
parent if the person or, in the case of a prospective foster	2646
caregiver or prospective adoptive parent, any person eighteen	2647
years of age or older who resides with the prospective foster	2648
caregiver or prospective adoptive parent previously has been	2649
convicted of or pleaded guilty to any of the followingviolations	2650
described in division (A)(8) of section 109.572 of the Revised	2651
Code, unless the person meets rehabilitation standards established	2652
in rules adopted under division (F) of this section:.	2653

(a) A violation of section 2903.01, 2903.02, 2903.03,	2654
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	2655
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	2656
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	2657
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	2658
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	2659
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	2660
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a	2661
violation of section 2905.04 of the Revised Code as it existed	2662
prior to July 1, 1996, a violation of section 2919.23 of the	2663
Revised Code that would have been a violation of section 2905.04	2664
of the Revised Code as it existed prior to July 1, 1996, had the	2665
violation been committed prior to that date, a violation of	2666
section 2925.11 of the Revised Code that is not a minor drug	2667
possession offense, or felonious sexual penetration in violation	2668
of former section 2907.12 of the Revised Code;	2669

(b) A violation of an existing or former law of this state,	2670
any other state, or the United States that is substantially	2671
equivalent to any of the offenses described in division (C)(1)(a)	2672
of this section.	2673

(2) The appointing or hiring officer may appoint or employ a	2674
person as a person responsible for a child's care in out-of-home	2675
care conditionally until the criminal records check required by	2676
this section is completed and the officer receives the results of	2677
the criminal records check. If the results of the criminal records	2678
check indicate that, pursuant to division (C)(1) of this section,	2679
the person subject to the criminal records check does not qualify	2680
for appointment or employment, the officer shall release the	2681
person from appointment or employment.	2682

(3) Prior to certification or recertification under section	2683
5103.03 of the Revised Code, the prospective foster caregiver	2684
subject to a criminal records check under division (A)(3) of this	2685
section shall notify the recommending agency of the revocation of	2686
any foster home license, certificate, or other similar	2687
authorization in another state occurring within the five years	2688
prior to the date of application to become a foster caregiver in	2689
this state. The failure of a prospective foster caregiver to	2690
notify the recommending agency of any revocation of that type in	2691
another state that occurred within that five-year period shall be	2692
grounds for denial of the person's foster home application or the	2693
revocation of the person's foster home certification, whichever is	2694
applicable. If a person has had a revocation in another state	2695
within the five years prior to the date of the application, the	2696
department of job and family services shall not issue a foster	2697
home certificate to the prospective foster caregiver.	2698

(D) The appointing or hiring officer, administrative	2699
director, or attorney shall pay to the bureau of criminal	2700
identification and investigation the fee prescribed pursuant to	2701
division (C)(3) of section 109.572 of the Revised Code for each	2702
criminal records check conducted in accordance with that section	2703
upon a request pursuant to division (A) of this section. The	2704
officer, director, or attorney may charge the person subject to	2705
the criminal records check a fee for the costs the officer,	2706
director, or attorney incurs in obtaining the criminal records	2707
check. A fee charged under this division shall not exceed the	2708
amount of fees the officer, director, or attorney pays for the	2709
criminal records check. If a fee is charged under this division,	2710
the officer, director, or attorney shall notify the person who is	2711
the applicant at the time of the person's initial application for	2712
appointment or employment, an adoption to be arranged, or a	2713
certificate to operate a foster home of the amount of the fee and	2714
that, unless the fee is paid, the person who is the applicant will	2715
not be considered for appointment or employment or as an adoptive	2716
parent or foster caregiver.	2717

(E) The report of any criminal records check conducted by the	2718
bureau of criminal identification and investigation in accordance	2719
with section 109.572 of the Revised Code and pursuant to a request	2720
made under division (A) of this section is not a public record for	2721
the purposes of section 149.43 of the Revised Code and shall not	2722
be made available to any person other than the following:	2723

(1) The person who is the subject of the criminal records	2724
check or the person's representative; the	2725

(2) The appointing or hiring officer, administrative	2726
director, or attorney requesting the criminal records check or the	2727
officer's, director's, or attorney's representative; the	2728

(3) The department of job and family services or, a county	2729
department of job and family services, or a public children	2730
services agency; and any	2731

(4) Any court, hearing officer, or other necessary individual	2732
involved in a case dealing with the denial of employment, a final	2733
decree of adoption or interlocutory order of adoption, or a foster	2734
home certificate.	2735

(F) The director of job and family services shall adopt rules	2736
in accordance with Chapter 119. of the Revised Code to implement	2737
this section. The rules shall include rehabilitation standards a	2738
person who has been convicted of or pleaded guilty to an offense	2739
listed in division (C)(1) of this section(A)(8) of section	2740
109.572 of the Revised Code must meet for an appointing or hiring	2741
officer to appoint or employ the person as a person responsible	2742
for a child's care in out-of-home care, a probate court to issue a	2743
final decree of adoption or interlocutory order of adoption making	2744
the person an adoptive parent, or the department to issue a	2745
certificate authorizing the prospective foster caregiver to	2746
operate a foster home or not revoke a foster home certificate for	2747
a violation specified in section 5103.0328 of the Revised Code.	2748

(G) An appointing or hiring officer, administrative director,	2749
or attorney required by division (A) of this section to request a	2750
criminal records check shall inform each person who is the	2751
applicant, at the time of the person's initial application for	2752
appointment or employment, an adoption to be arranged, or a foster	2753
home certificate, that the person subject to the criminal records	2754
check is required to provide a set of impressions of the person's	2755
fingerprints and that a criminal records check is required to be	2756
conducted and satisfactorily completed in accordance with section	2757
109.572 of the Revised Code.	2758

(H) The department of job and family services may waive the	2759
requirement that a criminal records check based on fingerprints be	2760
conducted for an adult resident of a prospective adoptive or	2761
foster home or the home of a foster caregiver if the recommending	2762
agency documents to the department's satisfaction that the adult	2763
resident is physically unable to comply with the fingerprinting	2764
requirement and poses no danger to foster children or adoptive	2765
children who may be placed in the home. In such cases, the	2766
recommending or approving agency shall request that the bureau of	2767
criminal identification and investigation conduct a criminal	2768
records check using the person's name and social security number.	2769

(I) As used in this section:

2770

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

2771

(a) A hospital registered under section 3701.07 of the	2772
Revised Code that provides general pediatric medical and surgical	2773
care, and in which at least seventy-five per cent of annual	2774
inpatient discharges for the preceding two calendar years were	2775
individuals less than eighteen years of age;	2776

(b) A distinct portion of a hospital registered under section	2777
3701.07 of the Revised Code that provides general pediatric	2778
medical and surgical care, has a total of at least one hundred	2779
fifty registered pediatric special care and pediatric acute care	2780
beds, and in which at least seventy-five per cent of annual	2781
inpatient discharges for the preceding two calendar years were	2782
individuals less than eighteen years of age;	2783

(c) A distinct portion of a hospital, if the hospital is	2784
registered under section 3701.07 of the Revised Code as a	2785
children's hospital and the children's hospital meets all the	2786
requirements of division (I)(3)(1)(a) of this section.	2787

(2) "Criminal records check" has the same meaning as in	2788
section 109.572 of the Revised Code.	2789

(3) "Minor drug possession offense" has the same meaning as	2790
in section 2925.01 of the Revised Code.	2791

(4) "Person responsible for a child's care in out-of-home	2792
care" has the same meaning as in section 2151.011 of the Revised	2793
Code, except that it does not include a prospective employee of	2794
the department of youth services or a person responsible for a	2795
child's care in a hospital or medical clinic other than a	2796
children's hospital.	2797

(5)(4) "Person subject to a criminal records check" means the	2798
following:	2799

(a) A person who is under final consideration for appointment	2800
or employment as a person responsible for a child's care in	2801
out-of-home care;	2802

(b) A prospective adoptive parent;

2803

(c) A prospective foster caregiver;

2804

(d) A person eighteen years old or older who resides with a	2805
prospective foster caregiver or a prospective adoptive parent.	2806

(6)(5) "Recommending agency" means a public children services	2807
agency, private child placing agency, or private noncustodial	2808
agency to which the department of job and family services has	2809
delegated a duty to inspect and approve foster homes.	2810

(7)(6) "Superintendent of BCII" means the superintendent of	2811
the bureau of criminal identification and investigation.	2812

Sec. 2301.10.  (A) If a sheriff or chief of police has not	2813
taken, or caused to be taken, a person's or child's fingerprints	2814
in accordance with division (A)(1) of section 109.60 of the	2815
Revised Code with respect to a crime or act set forth in that	2816
division by the time of the arraignment or first appearance of the	2817
person or child with respect to that crime or act, the court of	2818
common pleas shall order the person or child to appear before the	2819
sheriff or chief of police within twenty-four hours of the	2820
arraignment or first appearance to have the person's or child's	2821
fingerprints taken as provided in division (A)(2) of section	2822
109.60 of the Revised Code.	2823

(B) If the court of common pleas has jurisdiction over a case	2824
involving a person or child with respect to whom division (A)(1)	2825
or (2) of section 109.60 of the Revised Code requires a sheriff or	2826
chief of police to take the person's or child's fingerprints, the	2827
court of common pleas shall inquire at the time of the person's or	2828
child's sentencing or adjudication for the crime or act for which	2829
the fingerprints were required to be taken whether or not the	2830
person or child has been fingerprinted pursuant to division (A)(1)	2831
or (2) of section 109.60 of the Revised Code for the original	2832
arrest or court appearance upon which the sentence or adjudication	2833
is based. If a person or child was not fingerprinted for the	2834
original arrest or court appearance, the court of common pleas	2835
shall order the person or child to appear before the sheriff or	2836
chief of police within twenty-four hours to have the person's or	2837
child's fingerprints taken as provided in division (A)(3) of	2838
section 109.60 of the Revised Code.	2839

Sec. 3107.033.  Not later than January 1, 2008, the director	2840
of job and family services shall adopt rules in accordance with	2841
Chapter 119. of the Revised Code specifying both of the	2842
following:	2843

(A) The manner in which a home study is to be conducted and	2844
the information and documents to be included in a home study	2845
report, which shall include, pursuant to section 3107.034 of the	2846
Revised Code, a summary report of a search of the uniform	2847
statewide automated child welfare information system established	2848
in section 5101.13 of the Revised Code and a report of a check of	2849
a central registry of another state if a request for a check of a	2850
central registry of another state is required under division (A)	2851
of section 3107.034 of the Revised Code;	2852

(B) A procedure under which a person whose application for	2853
adoption has been denied as a result of a search of the uniform	2854
statewide automated child welfare information system established	2855
in section 5101.13 of the Revised Code as part of the home study	2856
may appeal the denial to the agency that employed the assessor who	2857
filed the report.	2858

Sec. 3107.034. (A) Whenever a prospective adoptive parent or	2859
a person eighteen years of age or older who resides with a	2860
prospective adoptive parent has resided in another state within	2861
the five-year period immediately prior to the date on which a	2862
criminal records check is requested for the person under division	2863
(A) of section 2151.86 of the Revised Code, the administrative	2864
director of an agency, or attorney, who arranges the adoption for	2865
the prospective adoptive parent shall request a check of the	2866
central registry of abuse and neglect of this state from the	2867
department of job and family services regarding the prospective	2868
adoptive parent or the person eighteen years of age or older who	2869
resides with the prospective adoptive parent to enable the agency	2870
or attorney to check any child abuse and neglect registry	2871
maintained by that other state. The administrative director or	2872
attorney shall make the request and shall review the results of	2873
the check before a final decree of adoption or an interlocutory	2874
order of adoption making the person an adoptive parent may be	2875
made. Information received pursuant to the request shall be	2876
considered for purposes of this chapter as if it were a summary	2877
report required under section 3107.033 of the Revised Code. The	2878
department of job and family services shall comply with any	2879
request to check the central registry that is similar to the	2880
request described in this division and that is received from any	2881
other state.	2882

(B) The summary report of a search of the uniform statewide	2883
automated child welfare information system established in section	2884
5101.13 of the Revised Code that is required under section	2885
3107.033 of the Revised Code shall contain, if applicable, a	2886
chronological list of abuse and neglect determinations or	2887
allegations of which the person seeking to adopt is subject and in	2888
regards to which a public children services agency has done one of	2889
the following:	2890

(1) Determined that abuse or neglect occurred;

2891

(2) Initiated an investigation, and the investigation is	2892
ongoing;	2893

(3) Initiated an investigation and the agency was unable to	2894
determine whether abuse or neglect occurred.	2895

(B)(C) The summary report required under section 3107.033 of	2896
the Revised Code shall not contain any of the following:	2897

(1) An abuse and neglect determination of which the person	2898
seeking to adopt is subject and in regards to which a public	2899
children services agency determined that abuse or neglect did not	2900
occur;	2901

(2) Information or reports the dissemination of which is	2902
prohibited by, or interferes with eligibility under, the "Child	2903
Abuse Prevention and Treatment Act," 88 Stat. 4 (1974), 42 U.S.C.	2904
5101 et seq., as amended;	2905

(3) The name of the person who or entity that made, or	2906
participated in the making of, the report of abuse or neglect.	2907

(C)(D)(1) An application for adoption may be denied based on	2908
a summary report containing the information described under	2909
division (A)(B)(1) of this section, when considered within the	2910
totality of the circumstances. An application that is denied may	2911
be appealed using the procedure adopted pursuant to division (B)	2912
of section 3107.033 of the Revised Code.	2913

(2) An application for adoption shall not be denied solely	2914
based on a summary report containing the information described	2915
under division (A)(B)(2) or (3) of this section.	2916

Sec. 3107.062.  (A) Notwithstanding the provisions of the	2917
versions of former sections 3107.06 and 3107.07 of the Revised	2918
Code that, pursuant to Section 5 of Am. Sub. H.B. 419 of the 121st	2919
general assembly, apply regarding a putative father's consent to	2920
the adoption of any child born prior to January 1, 1997, on and	2921
after the effective date of this section, both of the following	2922
apply:	2923

(1) The references in division (F)(4) of former section	2924
3107.06 of the Revised Code to the department of human services	2925
are repealed, and division (F)(4) of that former section shall be	2926
considered as reading, and shall be applicable, as follows: "Has	2927
filed an objection to the adoption with the agency having custody	2928
of the minor at any time before the placement of the minor in the	2929
home of the petitioner, or with the probate court within thirty	2930
days of the filing of a petition to adopt the minor or its	2931
placement in the home of the petitioner, whichever occurs first."	2932

(2) The references in division (B) of former section 3107.07	2933
of the Revised Code to the department of human services are	2934
repealed, and division (B) of that former section shall be	2935
considered as reading, and shall be applicable, as follows: "The	2936
putative father of a minor if the putative father fails to file an	2937
objection with the court or the agency having custody of the minor	2938
as provided in division (F)(4) of section 3107.06 of the Revised	2939
Code, or files an objection with the court or agency and the court	2940
finds, after proper service of notice and hearing, that he is not	2941
the father of the minor, or that he has willfully abandoned or	2942
failed to care for and support the minor, or abandoned the mother	2943
of the minor during her pregnancy and up to the time of her	2944
surrender of the minor, or its placement in the home of the	2945
petitioner, whichever occurs first."	2946

(B) As used in this section:

2947

(1) "Former section 3107.06 of the Revised Code" means the	2948
version of that section that was in effect immediately prior to	2949
September 18, 1996, and that was amended by Am. Sub. H.B. 419 of	2950
the 121st general assembly.	2951

(2) "Former section 3107.07 of the Revised Code" means the	2952
version of that section that was in effect immediately prior to	2953
September 18, 1996, and that was amended by Am. Sub. H.B. 419 of	2954
the 121st general assembly.	2955

Sec. 3107.14.  (A) The petitioner and the person sought to be	2956
adopted shall appear at the hearing on the petition, unless the	2957
presence of either is excused by the court for good cause shown.	2958

(B) The court may continue the hearing from time to time to	2959
permit further observation, investigation, or consideration of any	2960
facts or circumstances affecting the granting of the petition, and	2961
may examine the petitioners separate and apart from each other.	2962

(C) If, at the conclusion of the hearing, the court finds	2963
that the required consents have been obtained or excused and that	2964
the adoption is in the best interest of the person sought to be	2965
adopted as supported by the evidence, it may issue, subject to	2966
division (C)(1)(a) of section 2151.86, section 3107.064, and	2967
division (E) of section 3107.09 of the Revised Code, and any other	2968
limitations specified in this chapter, a final decree of adoption	2969
or an interlocutory order of adoption, which by its own terms	2970
automatically becomes a final decree of adoption on a date	2971
specified in the order, which, except as provided in division (B)	2972
of section 3107.13 of the Revised Code, shall not be less than six	2973
months or more than one year from the date of issuance of the	2974
order, unless sooner vacated by the court for good cause shown. In	2975
determining whether the adoption is in the best interest of the	2976
person sought to be adopted, the court shall not consider the age	2977
of the petitioner if the petitioner is old enough to adopt as	2978
provided by section 3107.03 of the Revised Code.	2979

In an interlocutory order of adoption, the court shall	2980
provide for observation, investigation, and a further report on	2981
the adoptive home during the interlocutory period.	2982

(D) If the requirements for a decree under division (C) of	2983
this section have not been satisfied or the court vacates an	2984
interlocutory order of adoption, or if the court finds that a	2985
person sought to be adopted was placed in the home of the	2986
petitioner in violation of law, the court shall dismiss the	2987
petition and may determine the agency or person to have temporary	2988
or permanent custody of the person, which may include the agency	2989
or person that had custody prior to the filing of the petition or	2990
the petitioner, if the court finds it is in the best interest of	2991
the person as supported by the evidence, or if the person is a	2992
minor, the court may certify the case to the juvenile court of the	2993
county where the minor is then residing for appropriate action and	2994
disposition.	2995

(E) The issuance of a final decree or interlocutory order of	2996
adoption for an adult adoption under division (A)(4) of section	2997
3107.02 of the Revised Code shall not disqualify that adult for	2998
services under section 2151.82 or 2151.83 of the Revised Code.	2999

Sec. 5101.13. (A) The department of job and family services	3000
shall establish and maintain a uniform statewide automated child	3001
welfare information system in accordance with the requirements of	3002
42 U.S.C.A. 674(a)(3)(C) and related federal regulations and	3003
guidelines. The information system shall contain records regarding	3004
any of the following:	3005

(1) Investigations of children and families, and children's	3006
care in out-of-home care, in accordance with sections 2151.421 and	3007
5153.16 of the Revised Code;	3008

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

3009

(3) Any other information related to children and families	3010
that state or federal law, regulation, or rule requires the	3011
department or a public children services agency to maintain.	3012

(B) The department shall plan implementation of the	3013
information system on a county-by-county basis and shall finalize	3014
statewide implementation by all public children services agencies	3015
as described in section 5153.02 of the Revised Code not later than	3016
January 1, 2008.	3017

(C) The department shall promptly notify all public children	3018
services agencies of the initiation and completion of statewide	3019
implementation of the statewide information system established	3020
under division (A) of this section.	3021

(D) "Out-of-home care" has the same meaning as in section	3022
2151.011 of the Revised Code.	3023

Sec. 5101.132. (A) Information contained in the information	3024
system established and maintained under section 5101.13 of the	3025
Revised Code may be accessed only as follows:	3026

(A)(1) The department of job and family services and, a	3027
public children services agency, a title IV-E agency, a	3028
prosecuting attorney, a private child placing agency, and a	3029
private noncustodial agency may access the information when either	3030
of the following is the case:	3031

(1)(a) The access is directly connected with assessment,	3032
investigation, or services regarding a child or family;	3033

(2)(b) The access is permitted by state or federal law, rule,	3034
or regulation.	3035

(B)(2) A person may access the information in a manner, to	3036
the extent, and for the purposes authorized by rules adopted by	3037
the department.	3038

(B) As used in this section, "title IV-E agency" means a	3039
public children services agency or a public entity with which the	3040
department of job and family services has a title IV-E subgrant	3041
agreement in effect.	3042

Sec. 5101.134. (A) Notwithstanding any provision of the	3043
Revised Code that requires confidentiality of information that is	3044
contained in the uniform statewide automated child welfare	3045
information system established in section 5101.13 of the Revised	3046
Code, the department of job and family services shall adopt rules	3047
in accordance with Chapter 119. of the Revised Code regarding a	3048
private child placing agency's or private noncustodial agency's	3049
access, data entry, and use of information in the uniform	3050
statewide automated child welfare information system.	3051

(B)(1) The department of job and family services may adopt	3052
rules in accordance with section 111.15 of the Revised Code, as if	3053
they were internal management rules, as necessary to carry out the	3054
purposes of sections 5101.13 to 5101.133 of the Revised Code.	3055

(2) The department may adopt rules in accordance with Chapter	3056
119. of the Revised Code as necessary to carry out the purposes of	3057
division (B)(A)(2) of section 5101.132 of the Revised Code.	3058

(C) Public children services agencies shall implement and use	3059
the information system established pursuant to section 5101.13 of	3060
the Revised Code in accordance with rules adopted by the	3061
department.	3062

Sec. 5101.32.  (A) The department of job and family services	3063
shall work with the superintendent of the bureau of criminal	3064
identification and investigation to develop procedures and formats	3065
necessary to produce the notices described in division (D) of	3066
section 109.581 of the Revised Code in a format that is acceptable	3067
for use by the department. The department may adopt rules in	3068
accordance with section 111.15 of the Revised Code, as if they	3069
were internal management rules, necessary for such collaboration.	3070

(B) In addition to the rules required by division (G) of	3071
section 109.581 of the Revised Code, the department of job and	3072
family services may adopt rules in accordance with Chapter 119. of	3073
the Revised Code necessary for utilizing the information received	3074
pursuant to section 109.581 of the Revised Code.	3075

Sec. 5103.03.  (A) The director of job and family services	3076
shall adopt rules as necessary for the adequate and competent	3077
management of institutions or associations.	3078

(B)(1) Except for facilities under the control of the	3079
department of youth services, places of detention for children	3080
established and maintained pursuant to sections 2152.41 to 2152.44	3081
of the Revised Code, and child day-care centers subject to Chapter	3082
5104. of the Revised Code, the department of job and family	3083
services every two years shall pass upon the fitness of every	3084
institution and association that receives, or desires to receive	3085
and care for children, or places children in private homes.	3086

(2) When the department of job and family services is	3087
satisfied as to the care given such children, and that the	3088
requirements of the statutes and rules covering the management of	3089
such institutions and associations are being complied with, it	3090
shall issue to the institution or association a certificate to	3091
that effect. A certificate is valid for two years, unless sooner	3092
revoked by the department. When determining whether an institution	3093
or association meets a particular requirement for certification,	3094
the department may consider the institution or association to have	3095
met the requirement if the institution or association shows to the	3096
department's satisfaction that it has met a comparable requirement	3097
to be accredited by a nationally recognized accreditation	3098
organization.	3099

(3) The department may issue a temporary certificate valid	3100
for less than one year authorizing an institution or association	3101
to operate until minimum requirements have been met.	3102

(4) An institution or association that knowingly makes a	3103
false statement that is included as a part of certification under	3104
this section is guilty of the offense of falsification under	3105
section 2921.13 of the Revised Code and the department shall not	3106
certify that institution or association.	3107

(5) The department shall not issue a certificate to a	3108
prospective foster home or prospective specialized foster home	3109
pursuant to this section if the prospective foster home or	3110
prospective specialized foster home operates as a type A family	3111
day-care home pursuant to Chapter 5104. of the Revised Code. The	3112
department shall not issue a certificate to a prospective	3113
specialized foster home if the prospective specialized foster home	3114
operates a type B family day-care home pursuant to Chapter 5104.	3115
of the Revised Code.	3116

(C) The department may revoke a certificate if it finds that	3117
the institution or association is in violation of law or rule. No	3118
juvenile court shall commit a child to an association or	3119
institution that is required to be certified under this section if	3120
its certificate has been revoked or, if after revocation, the date	3121
of reissue is less than fifteen months prior to the proposed	3122
commitment.	3123

(D) Every two years, on a date specified by the department,	3124
each institution or association desiring certification or	3125
recertification shall submit to the department a report showing	3126
its condition, management, competency to care adequately for the	3127
children who have been or may be committed to it or to whom it	3128
provides care or services, the system of visitation it employs for	3129
children placed in private homes, and other information the	3130
department requires.	3131

(E) The department shall, not less than once each year, send	3132
a list of certified institutions and associations to each juvenile	3133
court and certified association or institution.	3134

(F) No person shall receive children or receive or solicit	3135
money on behalf of such an institution or association not so	3136
certified or whose certificate has been revoked.	3137

(G)(1) The director may delegate by rule any duties imposed	3138
on it by this section to inspect and approve family foster homes	3139
and specialized foster homes to public children services agencies,	3140
private child placing agencies, or private noncustodial agencies.	3141

(2) The director shall adopt rules that require a foster	3142
caregiver or other individual certified to operate a foster home	3143
under this section to notify the recommending agency that the	3144
foster caregiver or other individual is certified to operate a	3145
type B family day-care home under Chapter 5104. of the Revised	3146
Code.	3147

(H) If the director of job and family services determines	3148
that an institution or association that cares for children is	3149
operating without a certificate, the director may petition the	3150
court of common pleas in the county in which the institution or	3151
association is located for an order enjoining its operation. The	3152
court shall grant injunctive relief upon a showing that the	3153
institution or association is operating without a certificate.	3154

(I) If both of the following are the case, the director of	3155
job and family services may petition the court of common pleas of	3156
any county in which an institution or association that holds a	3157
certificate under this section operates for an order, and the	3158
court may issue an order, preventing the institution or	3159
association from receiving additional children into its care or an	3160
order removing children from its care:	3161

(1) The department has evidence that the life, health, or	3162
safety of one or more children in the care of the institution or	3163
association is at imminent risk.	3164

(2) The department has issued a proposed adjudication order	3165
pursuant to Chapter 119. of the Revised Code to deny renewal of or	3166
revoke the certificate of the institution or association.	3167

Sec. 5103.0319.  (A) No foster caregiver or prospective	3168
foster caregiver shall fail to notify the recommending agency that	3169
recommended or is recommending the foster caregiver or prospective	3170
foster caregiver for certification in writing if a person at least	3171
twelve years of age but less than eighteen years of age residing	3172
with the foster caregiver or prospective foster caregiver has been	3173
convicted of or pleaded guilty to any of the following or has been	3174
adjudicated to be a delinquent child for committing an act that if	3175
committed by an adult would have constituted such a violation:	3176

(1) A violation of section 2903.01, 2903.02, 2903.03,	3177
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3178
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	3179
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	3180
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	3181
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	3182
2919.24, 2919.25, 2923.12, 2923,13, 2923.161, 2925.02, 2925.03,	3183
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a	3184
violation of section 2905.04 of the Revised Code as it existed	3185
prior to July 1, 1996, a violation of section 2919.23 of the	3186
Revised Code that would have been a violation of section 2905.04	3187
of the Revised Code as it existed prior to July 1, 1996, had the	3188
violation been committed prior to that date, a violation of	3189
section 2925.11 of the Revised Code that is not a minor drug	3190
possession offense, a violation of section 2923.01 of the Revised	3191
Code that involved an attempt to commit aggravated murder or	3192
murder, an OVI or OVUAC violation if the person previously was	3193
convicted of or pleaded guilty to one or more OVI or OVUAC	3194
violations within the three years immediately preceding the	3195
current violation, or felonious sexual penetration in violation of	3196
former section 2907.12 of the Revised Code;	3197

(2) An offense that would be a felony if committed by an	3198
adult and the court determined that the child, if an adult, would	3199
be guilty of a specification found in section 2941.141, 2941.144,	3200
or 2941.145 of the Revised Code or in another section of the	3201
Revised Code that relates to the possession or use of a firearm,	3202
as defined in section 2923.11 of the Revised Code, during the	3203
commission of the act for which the child was adjudicated a	3204
delinquent child;	3205

(3) A violation of an existing or former law of this state,	3206
any other state, or the United States that is substantially	3207
equivalent to any of the offenses described in division (A)(1) or	3208
(2) of this section.	3209

(B) If a recommending agency learns that a foster caregiver	3210
has failed to comply with division (A) of this section, it shall	3211
notify the department of job and family services and the	3212
department shall revoke the foster caregiver's foster home	3213
certificate.	3214

(C) As used in this section, "OVI or OVUAC violation" means a	3215
violation of section 4511.19 of the Revised Code or a violation of	3216
an existing or former law of this state, any other state, or the	3217
United States that is substantially equivalent to section 4511.19	3218
of the Revised Code.	3219

Sec. 5103.0326. (A) A recommending agency may recommend that	3220
the department of job and family services not renew a foster home	3221
certificate under section 5103.03 of the Revised Code if the	3222
foster caregiver refused to accept the placement of any children	3223
into the foster home during the current certification period.	3224
Based on the agency's recommendation, the department may refuse to	3225
renew a foster home certificate.	3226

(B) The department of job and family services may revoke the	3227
certification of any foster caregiver who has not cared for one or	3228
more foster children in the foster caregiver's home within the	3229
preceding twelve months. Prior to the revocation of any	3230
certification pursuant to this division, the recommending agency	3231
shall have the opportunity to provide good cause for the	3232
department to continue the certification and not revoke the	3233
certification. If the department decides to revoke the	3234
certification, the department shall notify the recommending agency	3235
that the certification will be revoked.	3236

Sec. 5103.0328. (A) Not later than ninety-six hours after	3237
receiving notice from the superintendent of the bureau of criminal	3238
identification and investigation pursuant to section 109.581 of	3239
the Revised Code that a foster caregiver has been convicted of or	3240
pleaded guilty to any foster caregiver-disqualifying offense, and	3241
not later than ninety-six hours after learning in any other manner	3242
that a foster caregiver has been convicted of or pleaded guilty to	3243
any foster caregiver-disqualifying offense, the department of job	3244
and family services shall provide notice of that conviction or	3245
guilty plea to the recommending agency relative to the foster	3246
caregiver.	3247

(B) If a recommending agency receives notice from the	3248
department of job and family services pursuant to division (A) of	3249
this section that a foster caregiver has been convicted of or	3250
pleaded guilty to any foster caregiver-disqualifying offense, or	3251
if a recommending agency learns in any other manner that a foster	3252
caregiver has been convicted of or pleaded guilty to any foster	3253
caregiver-disqualifying offense, the recommending agency shall	3254
assess the foster caregiver's overall situation for safety	3255
concerns and forward any recommendations, if applicable, for	3256
revoking the foster caregiver's certificate to the department for	3257
the department's review for possible revocation.	3258

(C) As used in this section, "foster caregiver-disqualifying	3259
offense" means any offense or violation listed or described in	3260
division (C)(1)(a) or (b) of section 2151.86 of the Revised Code.	3261

Sec. 5103.16.  (A) Pursuant to section 5103.18 of the Revised	3262
Code and exceptExcept as otherwise provided in this section, no	3263
child shall be placed or accepted for placement under any written	3264
or oral agreement or understanding that transfers or surrenders	3265
the legal rights, powers, or duties of the legal parent, parents,	3266
or guardian of the child into the temporary or permanent custody	3267
of any association or institution that is not certified by the	3268
department of job and family services under section 5103.03 of the	3269
Revised Code, without the written consent of the office in the	3270
department that oversees the interstate compact on placement of	3271
children established under section 5103.20 of the Revised Code, or	3272
by a commitment of a juvenile court, or by a commitment of a	3273
probate court as provided in this section. A child may be placed	3274
temporarily without written consent or court commitment with	3275
persons related by blood or marriage or in a legally licensed	3276
boarding home.	3277

(B)(1) Associations and institutions certified under section	3278
5103.03 of the Revised Code for the purpose of placing children in	3279
free foster homes or for legal adoption shall keep a record of the	3280
temporary and permanent surrenders of children. This record shall	3281
be available for separate statistics, which shall include a copy	3282
of an official birth record and all information concerning the	3283
social, mental, and medical history of the children that will aid	3284
in an intelligent disposition of the children in case that becomes	3285
necessary because the parents or guardians fail or are unable to	3286
reassume custody.	3287

(2) No child placed on a temporary surrender with an	3288
association or institution shall be placed permanently in a foster	3289
home or for legal adoption. All surrendered children who are	3290
placed permanently in foster homes or for adoption shall have been	3291
permanently surrendered, and a copy of the permanent surrender	3292
shall be a part of the separate record kept by the association or	3293
institution.	3294

(C) Any agreement or understanding to transfer or surrender	3295
the legal rights, powers, or duties of the legal parent or parents	3296
and place a child with a person seeking to adopt the child under	3297
this section shall be construed to contain a promise by the person	3298
seeking to adopt the child to pay the expenses listed in divisions	3299
(C)(1), (2), and (4) of section 3107.055 of the Revised Code and,	3300
if the person seeking to adopt the child refuses to accept	3301
placement of the child, to pay the temporary costs of routine	3302
maintenance and medical care for the child in a hospital, foster	3303
home, or other appropriate place for up to thirty days or until	3304
other custody is established for the child, as provided by law,	3305
whichever is less.	3306

(D) No child shall be placed or received for adoption or with	3307
intent to adopt unless placement is made by a public children	3308
services agency, an institution or association that is certified	3309
by the department of job and family services under section 5103.03	3310
of the Revised Code to place children for adoption, or custodians	3311
in another state or foreign country, or unless all of the	3312
following criteria are met:	3313

(1) Prior to the placement and receiving of the child, the	3314
parent or parents of the child personally have applied to, and	3315
appeared before, the probate court of the county in which the	3316
parent or parents reside, or in which the person seeking to adopt	3317
the child resides, for approval of the proposed placement	3318
specified in the application and have signed and filed with the	3319
court a written statement showing that the parent or parents are	3320
aware of their right to contest the decree of adoption subject to	3321
the limitations of section 3107.16 of the Revised Code;	3322

(2) The court ordered an independent home study of the	3323
proposed placement to be conducted as provided in section 3107.031	3324
of the Revised Code, and after completion of the home study, the	3325
court determined that the proposed placement is in the best	3326
interest of the child;	3327

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

3328

In determining whether a custodian has authority to place	3329
children for adoption under the laws of a foreign country, the	3330
probate court shall determine whether the child has been released	3331
for adoption pursuant to the laws of the country in which the	3332
child resides, and if the release is in a form that satisfies the	3333
requirements of the immigration and naturalization service of the	3334
United States department of justice for purposes of immigration to	3335
this country pursuant to section 101(b)(1)(F) of the "Immigration	3336
and Nationality Act," 75 Stat. 650 (1961), 8 U.S.C. 1101	3337
(b)(1)(F), as amended or reenacted.	3338

If the parent or parents of the child are deceased or have	3339
abandoned the child, as determined under division (A) of section	3340
3107.07 of the Revised Code, the application for approval of the	3341
proposed adoptive placement may be brought by the relative seeking	3342
to adopt the child, or by the department, board, or organization	3343
not otherwise having legal authority to place the orphaned or	3344
abandoned child for adoption, but having legal custody of the	3345
orphaned or abandoned child, in the probate court of the county in	3346
which the child is a resident, or in which the department, board,	3347
or organization is located, or where the person or persons with	3348
whom the child is to be placed reside. Unless the parent, parents,	3349
or guardian of the person of the child personally have appeared	3350
before the court and applied for approval of the placement, notice	3351
of the hearing on the application shall be served on the parent,	3352
parents, or guardian.	3353

The consent to placement, surrender, or adoption executed by	3354
a minor parent before a judge of the probate court or an	3355
authorized deputy or referee of the court, whether executed within	3356
or outside the confines of the court, is as valid as though	3357
executed by an adult. A consent given as above before an employee	3358
of a children services agency that is licensed as provided by law,	3359
is equally effective, if the consent also is accompanied by an	3360
affidavit executed by the witnessing employee or employees to the	3361
effect that the legal rights of the parents have been fully	3362
explained to the parents, prior to the execution of any consent,	3363
and that the action was done after the birth of the child.	3364

If the court approves a placement, the prospective adoptive	3365
parent with whom the child is placed has care, custody, and	3366
control of the child pending further order of the court.	3367

(E) This section does not apply to an adoption by a	3368
stepparent, a grandparent, or a guardian.	3369

Sec. 5103.18.  (A)(1) Prior to placementcertification or	3370
recertification as a foster home under section 5103.165103.03 of	3371
the Revised Code, an association or institution certified to place	3372
a child into a foster homea recommending agency shall include	3373
obtain a summary report of a search of the uniform statewide	3374
automated child welfare information system, established inunder	3375
section 5101.13 of the Revised Code with records required under	3376
division (B)(1) of section 5103.16 of the Revised Code, from an	3377
entity listed in section 5101.132 of the Revised Code.	3378

(2) Whenever a prospective foster parent or any other person	3379
eighteen years of age or older who resides with a prospective	3380
foster parent has resided in another state within the five-year	3381
period immediately prior to the date on which a criminal records	3382
check is requested for the person under division (A) of section	3383
2151.86 of the Revised Code, the recommending agency shall request	3384
a check of the central registry of abuse and neglect of this state	3385
from the department of job and family services regarding the	3386
prospective foster parent or the person eighteen years of age or	3387
older who resides with the prospective foster parent to enable the	3388
agency to check any child abuse and neglect registry maintained by	3389
that other state. The recommending agency shall make the request	3390
and shall review the results of the check before the prospective	3391
foster parent may be finally approved for placement of a child.	3392
Information received pursuant to such a request shall be	3393
considered for purposes of this chapter as if it were a summary	3394
report required under division (A) of this section. The department	3395
of job and family services shall comply with any request to check	3396
the central registry that is similar to the request described in	3397
this division and that is received from any other state.	3398

(B)(1) The summary report required under division (A) of this	3399
section shall contain, if applicable, a chronological list of	3400
abuse and neglect determinations or allegations of which a person	3401
seeking to become a foster caregiver of a child is subject and in	3402
regards to which a public children services agency has done one of	3403
the following:	3404

(a) Determined that abuse or neglect occurred;

3405

(b) Initiated an investigation, and the investigation is	3406
ongoing;	3407

(c) Initiated an investigation, and the agency was unable to	3408
determine whether abuse or neglect occurred.	3409

(2) The summary report required under division (A) of this	3410
section shall not contain any of the following:	3411

(a) An abuse and neglect determination of which a person	3412
seeking to become a foster caregiver of a child is subject and in	3413
regards to which a public children services agency determined that	3414
abuse or neglect did not occur;	3415

(b) Information or reports the dissemination of which is	3416
prohibited by, or interferes with eligibility under, the "Child	3417
Abuse Prevention and Treatment Act," 88 Stat. 4 (1974), 42 U.S.C.	3418
5101 et seq., as amended;	3419

(c) The name of the person who or entity that made, or	3420
participated in the making of, the report of abuse or neglect.	3421

(C)(1) A foster placementhome certification or	3422
recertification may be denied based on a summary report containing	3423
the information described under division (B)(1)(a) of this	3424
section, when considered within the totality of the circumstances.	3425

(2) A foster placementhome certification or recertification	3426
shall not be denied solely based on a summary report containing	3427
the information described under division (B)(1)(b) or (c) of this	3428
section.	3429

(D) Not later than January 1, 2008, the director of job and	3430
family services shall adopt rules in accordance with Chapter 119.	3431
of the Revised Code necessary for the implementation and execution	3432
of this section.	3433

Sec. 5104.011.  (A) The director of job and family services	3434
shall adopt rules pursuant to Chapter 119. of the Revised Code	3435
governing the operation of child day-care centers, including, but	3436
not limited to, parent cooperative centers, part-time centers,	3437
drop-in centers, and school child centers, which rules shall	3438
reflect the various forms of child care and the needs of children	3439
receiving child care or publicly funded child care and shall	3440
include specific rules for school child care centers that are	3441
developed in consultation with the department of education. The	3442
rules shall not require an existing school facility that is in	3443
compliance with applicable building codes to undergo an additional	3444
building code inspection or to have structural modifications. The	3445
rules shall include the following:	3446

(1) Submission of a site plan and descriptive plan of	3447
operation to demonstrate how the center proposes to meet the	3448
requirements of this chapter and rules adopted pursuant to this	3449
chapter for the initial license application;	3450

(2) Standards for ensuring that the physical surroundings of	3451
the center are safe and sanitary including, but not limited to,	3452
the physical environment, the physical plant, and the equipment of	3453
the center;	3454

(3) Standards for the supervision, care, and discipline of	3455
children receiving child care or publicly funded child care in the	3456
center;	3457

(4) Standards for a program of activities, and for play	3458
equipment, materials, and supplies, to enhance the development of	3459
each child; however, any educational curricula, philosophies, and	3460
methodologies that are developmentally appropriate and that	3461
enhance the social, emotional, intellectual, and physical	3462
development of each child shall be permissible. As used in this	3463
division, "program" does not include instruction in religious or	3464
moral doctrines, beliefs, or values that is conducted at child	3465
day-care centers owned and operated by churches and does include	3466
methods of disciplining children at child day-care centers.	3467

(5) Admissions policies and procedures, health care policies	3468
and procedures, including, but not limited to, procedures for the	3469
isolation of children with communicable diseases, first aid and	3470
emergency procedures, procedures for discipline and supervision of	3471
children, standards for the provision of nutritious meals and	3472
snacks, and procedures for screening children and employees,	3473
including, but not limited to, any necessary physical examinations	3474
and immunizations;	3475

(6) Methods for encouraging parental participation in the	3476
center and methods for ensuring that the rights of children,	3477
parents, and employees are protected and that responsibilities of	3478
parents and employees are met;	3479

(7) Procedures for ensuring the safety and adequate	3480
supervision of children traveling off the premises of the center	3481
while under the care of a center employee;	3482

(8) Procedures for record keeping, organization, and	3483
administration;	3484

(9) Procedures for issuing, renewing, denying, and revoking a	3485
license that are not otherwise provided for in Chapter 119. of the	3486
Revised Code;	3487

(10) Inspection procedures;

3488

(11) Procedures and standards for setting initial and renewal	3489
license application fees;	3490

(12) Procedures for receiving, recording, and responding to	3491
complaints about centers;	3492

(13) Procedures for enforcing section 5104.04 of the Revised	3493
Code;	3494

(14) A standard requiring the inclusion, on and after July 1,	3495
1987, of a current department of job and family services toll-free	3496
telephone number on each center provisional license or license	3497
which any person may use to report a suspected violation by the	3498
center of this chapter or rules adopted pursuant to this chapter;	3499

(15) Requirements for the training of administrators and	3500
child-care staff members in first aid, in prevention, recognition,	3501
and management of communicable diseases, and in child abuse	3502
recognition and prevention. Training requirements for child	3503
day-care centers adopted under this division shall be consistent	3504
with divisions (B)(6) and (C)(1) of this section.	3505

(16) Procedures to be used by licensees for checking the	3506
references of potential employees of centers and procedures to be	3507
used by the director for checking the references of applicants for	3508
licenses to operate centers;	3509

(17) Standards providing for the special needs of children	3510
who are handicapped or who require treatment for health conditions	3511
while the child is receiving child care or publicly funded child	3512
care in the center;	3513

(18) A procedure for reporting of injuries of children that	3514
occur at the center;	3515

(19) Any other procedures and standards necessary to carry	3516
out this chapter.	3517

(B)(1) The child day-care center shall have, for each child	3518
for whom the center is licensed, at least thirty-five square feet	3519
of usable indoor floor space wall-to-wall regularly available for	3520
the child care operation exclusive of any parts of the structure	3521
in which the care of children is prohibited by law or by rules	3522
adopted by the board of building standards. The minimum of	3523
thirty-five square feet of usable indoor floor space shall not	3524
include hallways, kitchens, storage areas, or any other areas that	3525
are not available for the care of children, as determined by the	3526
director, in meeting the space requirement of this division, and	3527
bathrooms shall be counted in determining square footage only if	3528
they are used exclusively by children enrolled in the center,	3529
except that the exclusion of hallways, kitchens, storage areas,	3530
bathrooms not used exclusively by children enrolled in the center,	3531
and any other areas not available for the care of children from	3532
the minimum of thirty-five square feet of usable indoor floor	3533
space shall not apply to:	3534

(a) Centers licensed prior to or on September 1, 1986, that	3535
continue under licensure after that date;	3536

(b) Centers licensed prior to or on September 1, 1986, that	3537
are issued a new license after that date solely due to a change of	3538
ownership of the center.	3539

(2) The child day-care center shall have on the site a safe	3540
outdoor play space which is enclosed by a fence or otherwise	3541
protected from traffic or other hazards. The play space shall	3542
contain not less than sixty square feet per child using such space	3543
at any one time, and shall provide an opportunity for supervised	3544
outdoor play each day in suitable weather. The director may exempt	3545
a center from the requirement of this division, if an outdoor play	3546
space is not available and if all of the following are met:	3547

(a) The center provides an indoor recreation area that has	3548
not less than sixty square feet per child using the space at any	3549
one time, that has a minimum of one thousand four hundred forty	3550
square feet of space, and that is separate from the indoor space	3551
required under division (B)(1) of this section.	3552

(b) The director has determined that there is regularly	3553
available and scheduled for use a conveniently accessible and safe	3554
park, playground, or similar outdoor play area for play or	3555
recreation.	3556

(c) The children are closely supervised during play and while	3557
traveling to and from the area.	3558

The director also shall exempt from the requirement of this	3559
division a child day-care center that was licensed prior to	3560
September 1, 1986, if the center received approval from the	3561
director prior to September 1, 1986, to use a park, playground, or	3562
similar area, not connected with the center, for play or	3563
recreation in lieu of the outdoor space requirements of this	3564
section and if the children are closely supervised both during	3565
play and while traveling to and from the area and except if the	3566
director determines upon investigation and inspection pursuant to	3567
section 5104.04 of the Revised Code and rules adopted pursuant to	3568
that section that the park, playground, or similar area, as well	3569
as access to and from the area, is unsafe for the children.	3570

(3) The child day-care center shall have at least two	3571
responsible adults available on the premises at all times when	3572
seven or more children are in the center. The center shall	3573
organize the children in the center in small groups, shall provide	3574
child-care staff to give continuity of care and supervision to the	3575
children on a day-by-day basis, and shall ensure that no child is	3576
left alone or unsupervised. Except as otherwise provided in	3577
division (E) of this section, the maximum number of children per	3578
child-care staff member and maximum group size, by age category of	3579
children, are as follows:	3580

		Maximum Number of				3581
		Children Per		Maximum		3582
Age Category		Child-Care		Group		3583
of Children		Staff Member		Size		3584
(a) Infants:						3585
(i) Less than twelve						3586
months old		5:1, or				3587
		12:2 if two				3588
		child-care				3589
		staff members				3590
		are in the room		12		3591
(ii) At least twelve						3592
months old, but						3593
less than eighteen						3594
months old		6:1		12		3595
(b) Toddlers:						3596
(i) At least eighteen						3597
months old, but						3598
less than thirty						3599
months old		7:1		14		3600
(ii) At least thirty months						3601
old, but less than						3602
three years old		8:1		16		3603
(c) Preschool						3604
children:						3605
(i) Three years old		12:1		24		3606
(ii) Four years old and						3607
five years old who						3608
are not school						3609
children		14:1		28		3610
(d) School children:						3611
(i) A child who is						3612
enrolled in or is						3613
eligible to be						3614
enrolled in a grade						3615
of kindergarten						3616
or above, but						3617
is less than						3618
eleven years old		18:1		36		3619
(ii) Eleven through fourteen						3620
years old		20:1		40		3621

Except as otherwise provided in division (E) of this section,	3622
the maximum number of children per child-care staff member and	3623
maximum group size requirements of the younger age group shall	3624
apply when age groups are combined.	3625

(4)(a) The child day-care center administrator shall show the	3626
director both of the following:	3627

(i) Evidence of at least high school graduation or	3628
certification of high school equivalency by the state board of	3629
education or the appropriate agency of another state;	3630

(ii) Evidence of having completed at least two years of	3631
training in an accredited college, university, or technical	3632
college, including courses in child development or early childhood	3633
education, or at least two years of experience in supervising and	3634
giving daily care to children attending an organized group	3635
program.	3636

(b) In addition to the requirements of division (B)(4)(a) of	3637
this section, any administrator employed or designated on or after	3638
September 1, 1986, shall show evidence of, and any administrator	3639
employed or designated prior to September 1, 1986, shall show	3640
evidence within six years after such date of, at least one of the	3641
following:	3642

(i) Two years of experience working as a child-care staff	3643
member in a center and at least four courses in child development	3644
or early childhood education from an accredited college,	3645
university, or technical college, except that a person who has two	3646
years of experience working as a child-care staff member in a	3647
particular center and who has been promoted to or designated as	3648
administrator of that center shall have one year from the time the	3649
person was promoted to or designated as administrator to complete	3650
the required four courses;	3651

(ii) Two years of training, including at least four courses	3652
in child development or early childhood education from an	3653
accredited college, university, or technical college;	3654

(iii) A child development associate credential issued by the	3655
national child development associate credentialing commission;	3656

(iv) An associate or higher degree in child development or	3657
early childhood education from an accredited college, technical	3658
college, or university, or a license designated for teaching in an	3659
associate teaching position in a preschool setting issued by the	3660
state board of education.	3661

(5) All child-care staff members of a child day-care center	3662
shall be at least eighteen years of age, and shall furnish the	3663
director evidence of at least high school graduation or	3664
certification of high school equivalency by the state board of	3665
education or the appropriate agency of another state or evidence	3666
of completion of a training program approved by the department of	3667
job and family services or state board of education, except as	3668
follows:	3669

(a) A child-care staff member may be less than eighteen years	3670
of age if the staff member is either of the following:	3671

(i) A graduate of a two-year vocational child-care training	3672
program approved by the state board of education;	3673

(ii) A student enrolled in the second year of a vocational	3674
child-care training program approved by the state board of	3675
education which leads to high school graduation, provided that the	3676
student performs the student's duties in the child day-care center	3677
under the continuous supervision of an experienced child-care	3678
staff member, receives periodic supervision from the vocational	3679
child-care training program teacher-coordinator in the student's	3680
high school, and meets all other requirements of this chapter and	3681
rules adopted pursuant to this chapter.	3682

(b) A child-care staff member shall be exempt from the	3683
educational requirements of this division if the staff member:	3684

(i) Prior to January 1, 1972, was employed or designated by a	3685
child day-care center and has been continuously employed since	3686
either by the same child day-care center employer or at the same	3687
child day-care center; or	3688

(ii) Is a student enrolled in the second year of a vocational	3689
child-care training program approved by the state board of	3690
education which leads to high school graduation, provided that the	3691
student performs the student's duties in the child day-care center	3692
under the continuous supervision of an experienced child-care	3693
staff member, receives periodic supervision from the vocational	3694
child-care training program teacher-coordinator in the student's	3695
high school, and meets all other requirements of this chapter and	3696
rules adopted pursuant to this chapter.	3697

(6) Every child care staff member of a child day-care center	3698
annually shall complete fifteen hours of inservice training in	3699
child development or early childhood education, child abuse	3700
recognition and prevention, first aid, and in prevention,	3701
recognition, and management of communicable diseases, until a	3702
total of forty-five hours of training has been completed, unless	3703
the staff member furnishes one of the following to the director:	3704

(a) Evidence of an associate or higher degree in child	3705
development or early childhood education from an accredited	3706
college, university, or technical college;	3707

(b) A license designated for teaching in an associate	3708
teaching position in a preschool setting issued by the state board	3709
of education;	3710

(c) Evidence of a child development associate credential;

3711

(d) Evidence of a preprimary credential from the American	3712
Montessori society or the association Montessori international	3713
internationale. For the purposes of division (B)(6) of this	3714
section, "hour" means sixty minutes.	3715

(7) The administrator of each child day-care center shall	3716
prepare at least once annually and for each group of children at	3717
the center a roster of names and telephone numbers of parents,	3718
custodians, or guardians of each group of children attending the	3719
center and upon request shall furnish the roster for each group to	3720
the parents, custodians, or guardians of the children in that	3721
group. The administrator may prepare a roster of names and	3722
telephone numbers of all parents, custodians, or guardians of	3723
children attending the center and upon request shall furnish the	3724
roster to the parents, custodians, or guardians of the children	3725
who attend the center. The administrator shall not include in any	3726
roster the name or telephone number of any parent, custodian, or	3727
guardian who requests the administrator not to include the	3728
parent's, custodian's, or guardian's name or number and shall not	3729
furnish any roster to any person other than a parent, custodian,	3730
or guardian of a child who attends the center.	3731

(C)(1) Each child day-care center shall have on the center	3732
premises and readily available at all times at least one	3733
child-care staff member who has completed a course in first aid	3734
and in prevention, recognition, and management of communicable	3735
diseases which is approved by the state department of health and a	3736
staff member who has completed a course in child abuse recognition	3737
and prevention training which is approved by the department of job	3738
and family services.	3739

(2) The administrator of each child day-care center shall	3740
maintain enrollment, health, and attendance records for all	3741
children attending the center and health and employment records	3742
for all center employees. The records shall be confidential,	3743
except as otherwise provided in division (B)(7) of this section	3744
and except that they shall be disclosed by the administrator to	3745
the director upon request for the purpose of administering and	3746
enforcing this chapter and rules adopted pursuant to this chapter.	3747
Neither the center nor the licensee, administrator, or employees	3748
of the center shall be civilly or criminally liable in damages or	3749
otherwise for records disclosed to the director by the	3750
administrator pursuant to this division. It shall be a defense to	3751
any civil or criminal charge based upon records disclosed by the	3752
administrator to the director that the records were disclosed	3753
pursuant to this division.	3754

(3)(a) Any parent who is the residential parent and legal	3755
custodian of a child enrolled in a child day-care center and any	3756
custodian or guardian of such a child shall be permitted unlimited	3757
access to the center during its hours of operation for the	3758
purposes of contacting their children, evaluating the care	3759
provided by the center, evaluating the premises of the center, or	3760
for other purposes approved by the director. A parent of a child	3761
enrolled in a child day-care center who is not the child's	3762
residential parent shall be permitted unlimited access to the	3763
center during its hours of operation for those purposes under the	3764
same terms and conditions under which the residential parent of	3765
that child is permitted access to the center for those purposes.	3766
However, the access of the parent who is not the residential	3767
parent is subject to any agreement between the parents and, to the	3768
extent described in division (C)(3)(b) of this section, is subject	3769
to any terms and conditions limiting the right of access of the	3770
parent who is not the residential parent, as described in division	3771
(I) of section 3109.051 of the Revised Code, that are contained in	3772
a parenting time order or decree issued under that section,	3773
section 3109.12 of the Revised Code, or any other provision of the	3774
Revised Code.	3775

(b) If a parent who is the residential parent of a child has	3776
presented the administrator or the administrator's designee with a	3777
copy of a parenting time order that limits the terms and	3778
conditions under which the parent who is not the residential	3779
parent is to have access to the center, as described in division	3780
(I) of section 3109.051 of the Revised Code, the parent who is not	3781
the residential parent shall be provided access to the center only	3782
to the extent authorized in the order. If the residential parent	3783
has presented such an order, the parent who is not the residential	3784
parent shall be permitted access to the center only in accordance	3785
with the most recent order that has been presented to the	3786
administrator or the administrator's designee by the residential	3787
parent or the parent who is not the residential parent.	3788

(c) Upon entering the premises pursuant to division (C)(3)(a)	3789
or (b) of this section, the parent who is the residential parent	3790
and legal custodian, the parent who is not the residential parent,	3791
or the custodian or guardian shall notify the administrator or the	3792
administrator's designee of the parent's, custodian's, or	3793
guardian's presence.	3794

(D) The director of job and family services, in addition to	3795
the rules adopted under division (A) of this section, shall adopt	3796
rules establishing minimum requirements for child day-care	3797
centers. The rules shall include, but not be limited to, the	3798
requirements set forth in divisions (B) and (C) of this section.	3799
Except as provided in section 5104.07 of the Revised Code, the	3800
rules shall not change the square footage requirements of division	3801
(B)(1) or (2) of this section; the maximum number of children per	3802
child-care staff member and maximum group size requirements of	3803
division (B)(3) of this section; the educational and experience	3804
requirements of division (B)(4) of this section; the age,	3805
educational, and experience requirements of division (B)(5) of	3806
this section; the number of inservice training hours required	3807
under division (B)(6) of this section; or the requirement for at	3808
least annual preparation of a roster for each group of children of	3809
names and telephone numbers of parents, custodians, or guardians	3810
of each group of children attending the center that must be	3811
furnished upon request to any parent, custodian, or guardian of	3812
any child in that group required under division (B)(7) of this	3813
section; however, the rules shall provide procedures for	3814
determining compliance with those requirements.	3815

(E)(1) When age groups are combined, the maximum number of	3816
children per child-care staff member shall be determined by the	3817
age of the youngest child in the group, except that when no more	3818
than one child thirty months of age or older receives services in	3819
a group in which all the other children are in the next older age	3820
group, the maximum number of children per child-care staff member	3821
and maximum group size requirements of the older age group	3822
established under division (B)(3) of this section shall apply.	3823

(2) The maximum number of toddlers or preschool children per	3824
child-care staff member in a room where children are napping shall	3825
be twice the maximum number of children per child-care staff	3826
member established under division (B)(3) of this section if all	3827
the following criteria are met:	3828

(a) At least one child-care staff member is present in the	3829
room.	3830

(b) Sufficient child-care staff members are on the child	3831
day-care center premises to meet the maximum number of children	3832
per child-care staff member requirements established under	3833
division (B)(3) of this section.	3834

(c) Naptime preparations are complete and all napping	3835
children are resting or sleeping on cots.	3836

(d) The maximum number established under division (E)(2) of	3837
this section is in effect for no more than one and one-half hours	3838
during a twenty-four-hour day.	3839

(F) The director of job and family services shall adopt rules	3840
pursuant to Chapter 119. of the Revised Code governing the	3841
operation of type A family day-care homes, including, but not	3842
limited to, parent cooperative type A homes, part-time type A	3843
homes, drop-in type A homes, and school child type A homes, which	3844
shall reflect the various forms of child care and the needs of	3845
children receiving child care. The rules shall include the	3846
following:	3847

(1) Submission of a site plan and descriptive plan of	3848
operation to demonstrate how the type A home proposes to meet the	3849
requirements of this chapter and rules adopted pursuant to this	3850
chapter for the initial license application;	3851

(2) Standards for ensuring that the physical surroundings of	3852
the type A home are safe and sanitary, including, but not limited	3853
to, the physical environment, the physical plant, and the	3854
equipment of the type A home;	3855

(3) Standards for the supervision, care, and discipline of	3856
children receiving child care or publicly funded child care in the	3857
type A home;	3858

(4) Standards for a program of activities, and for play	3859
equipment, materials, and supplies, to enhance the development of	3860
each child; however, any educational curricula, philosophies, and	3861
methodologies that are developmentally appropriate and that	3862
enhance the social, emotional, intellectual, and physical	3863
development of each child shall be permissible;	3864

(5) Admissions policies and procedures, health care policies	3865
and procedures, including, but not limited to, procedures for the	3866
isolation of children with communicable diseases, first aid and	3867
emergency procedures, procedures for discipline and supervision of	3868
children, standards for the provision of nutritious meals and	3869
snacks, and procedures for screening children and employees,	3870
including, but not limited to, any necessary physical examinations	3871
and immunizations;	3872

(6) Methods for encouraging parental participation in the	3873
type A home and methods for ensuring that the rights of children,	3874
parents, and employees are protected and that the responsibilities	3875
of parents and employees are met;	3876

(7) Procedures for ensuring the safety and adequate	3877
supervision of children traveling off the premises of the type A	3878
home while under the care of a type A home employee;	3879

(8) Procedures for record keeping, organization, and	3880
administration;	3881

(9) Procedures for issuing, renewing, denying, and revoking a	3882
license that are not otherwise provided for in Chapter 119. of the	3883
Revised Code;	3884

(10) Inspection procedures;

3885

(11) Procedures and standards for setting initial and renewal	3886
license application fees;	3887

(12) Procedures for receiving, recording, and responding to	3888
complaints about type A homes;	3889

(13) Procedures for enforcing section 5104.04 of the Revised	3890
Code;	3891

(14) A standard requiring the inclusion, on or after July 1,	3892
1987, of a current department of job and family services toll-free	3893
telephone number on each type A home provisional license or	3894
license which any person may use to report a suspected violation	3895
by the type A home of this chapter or rules adopted pursuant this	3896
chapter;	3897

(15) Requirements for the training of administrators and	3898
child-care staff members in first aid, in prevention, recognition,	3899
and management of communicable diseases, and in child abuse	3900
recognition and prevention;	3901

(16) Procedures to be used by licensees for checking the	3902
references of potential employees of type A homes and procedures	3903
to be used by the director for checking the references of	3904
applicants for licenses to operate type A homes;	3905

(17) Standards providing for the special needs of children	3906
who are handicapped or who require treatment for health conditions	3907
while the child is receiving child care or publicly funded child	3908
care in the type A home;	3909

(18) Standards for the maximum number of children per	3910
child-care staff member;	3911

(19) Requirements for the amount of usable indoor floor space	3912
for each child;	3913

(20) Requirements for safe outdoor play space;

3914

(21) Qualifications and training requirements for	3915
administrators and for child-care staff members;	3916

(22) Procedures for granting a parent who is the residential	3917
parent and legal custodian, or a custodian or guardian access to	3918
the type A home during its hours of operation;	3919

(23) Standards for the preparation and distribution of a	3920
roster of parents, custodians, and guardians;	3921

(24) Any other procedures and standards necessary to carry	3922
out this chapter.	3923

(G) The director of job and family services shall adopt rules	3924
pursuant to Chapter 119. of the Revised Code governing the	3925
certification of type B family day-care homes.	3926

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

3927

(a) Procedures, standards, and other necessary provisions for	3928
granting limited certification to type B family day-care homes	3929
that are operated by the following adult providers:	3930

(a)(i) Persons who provide child care for eligible children	3931
who are great-grandchildren, grandchildren, nieces, nephews, or	3932
siblings of the provider or for eligible children whose caretaker	3933
parent is a grandchild, child, niece, nephew, or sibling of the	3934
provider;	3935

(b)(ii) Persons who provide child care for eligible children	3936
all of whom are the children of the same caretaker parent.;	3937

The rules shall require, and shall include procedures(b)	3938
Procedures for the director to ensure, that type B family day-care	3939
homes that receive a limited certification provide child care to	3940
children in a safe and sanitary manner;	3941

(c) Requirements for the type B home to notify parents with	3942
children in the type B home that the type B home is also certified	3943
as a foster home under section 5103.03 of the Revised Code. With	3944

With regard to providers who apply for limited certification,	3945
a provider shall be granted a provisional limited certification on	3946
signing a declaration under oath attesting that the provider meets	3947
the standards for limited certification. Such provisional limited	3948
certifications shall remain in effect for no more than sixty	3949
calendar days and shall entitle the provider to offer publicly	3950
funded child care during the provisional period. Except as	3951
otherwise provided in division (G)(1) of this section, section	3952
5104.013 or 5104.09 of the Revised Code, or division (A)(2) of	3953
section 5104.11 of the Revised Code, prior to the expiration of	3954
the provisional limited certificate, a county department of job	3955
and family services shall inspect the home and shall grant limited	3956
certification to the provider if the provider meets the	3957
requirements of this division. Limited certificates remain valid	3958
for two years unless earlier revoked. Except as otherwise provided	3959
in division (G)(1) of this section, providers operating under	3960
limited certification shall be inspected annually.	3961

If a provider is a person described in division (G)(1)(a)(i)	3962
of this section or a person described in division (G)(1)(b)(a)(ii)	3963
of this section who is a friend of the caretaker parent, the	3964
provider and the caretaker parent may verify in writing to the	3965
county department of job and family services that minimum health	3966
and safety requirements are being met in the home. Except as	3967
otherwise provided in section 5104.013 or 5104.09 or in division	3968
(A)(2) of section 5104.11 of the Revised Code, if such	3969
verification is provided, the county shall waive any inspection	3970
required by this chapter and grant limited certification to the	3971
provider.	3972

(2) The rules shall provide for safeguarding the health,	3973
safety, and welfare of children receiving child care or publicly	3974
funded child care in a certified type B home and shall include the	3975
following:	3976

(a) Standards for ensuring that the type B home and the	3977
physical surroundings of the type B home are safe and sanitary,	3978
including, but not limited to, physical environment, physical	3979
plant, and equipment;	3980

(b) Standards for the supervision, care, and discipline of	3981
children receiving child care or publicly funded child care in the	3982
home;	3983

(c) Standards for a program of activities, and for play	3984
equipment, materials, and supplies to enhance the development of	3985
each child; however, any educational curricula, philosophies, and	3986
methodologies that are developmentally appropriate and that	3987
enhance the social, emotional, intellectual, and physical	3988
development of each child shall be permissible;	3989

(d) Admission policies and procedures, health care, first aid	3990
and emergency procedures, procedures for the care of sick	3991
children, procedures for discipline and supervision of children,	3992
nutritional standards, and procedures for screening children and	3993
authorized providers, including, but not limited to, any necessary	3994
physical examinations and immunizations;	3995

(e) Methods of encouraging parental participation and	3996
ensuring that the rights of children, parents, and authorized	3997
providers are protected and the responsibilities of parents and	3998
authorized providers are met;	3999

(f) Standards for the safe transport of children when under	4000
the care of authorized providers;	4001

(g) Procedures for issuing, renewing, denying, refusing to	4002
renew, or revoking certificates;	4003

(h) Procedures for the inspection of type B family day-care	4004
homes that require, at a minimum, that each type B family day-care	4005
home be inspected prior to certification to ensure that the home	4006
is safe and sanitary;	4007

(i) Procedures for record keeping and evaluation;

4008

(j) Procedures for receiving, recording, and responding to	4009
complaints;	4010

(k) Standards providing for the special needs of children who	4011
are handicapped or who receive treatment for health conditions	4012
while the child is receiving child care or publicly funded child	4013
care in the type B home;	4014

(l) Requirements for the amount of usable indoor floor space	4015
for each child;	4016

(m) Requirements for safe outdoor play space;

4017

(n) Qualification and training requirements for authorized	4018
providers;	4019

(o) Procedures for granting a parent who is the residential	4020
parent and legal custodian, or a custodian or guardian access to	4021
the type B home during its hours of operation;	4022

(p) Requirements for the type B home to notify parents with	4023
children in the type B home that the type B home is also certified	4024
as a foster home under section 5103.03 of the Revised Code;	4025

(q) Any other procedures and standards necessary to carry out	4026
this chapter.	4027

(H) The director shall adopt rules pursuant to Chapter 119.	4028
of the Revised Code governing the certification of in-home aides.	4029
The rules shall include procedures, standards, and other necessary	4030
provisions for granting limited certification to in-home aides who	4031
provide child care for eligible children who are	4032
great-grandchildren, grandchildren, nieces, nephews, or siblings	4033
of the in-home aide or for eligible children whose caretaker	4034
parent is a grandchild, child, niece, nephew, or sibling of the	4035
in-home aide. The rules shall require, and shall include	4036
procedures for the director to ensure, that in-home aides that	4037
receive a limited certification provide child care to children in	4038
a safe and sanitary manner. The rules shall provide for	4039
safeguarding the health, safety, and welfare of children receiving	4040
publicly funded child care in their own home and shall include the	4041
following:	4042

(1) Standards for ensuring that the child's home and the	4043
physical surroundings of the child's home are safe and sanitary,	4044
including, but not limited to, physical environment, physical	4045
plant, and equipment;	4046

(2) Standards for the supervision, care, and discipline of	4047
children receiving publicly funded child care in their own home;	4048

(3) Standards for a program of activities, and for play	4049
equipment, materials, and supplies to enhance the development of	4050
each child; however, any educational curricula, philosophies, and	4051
methodologies that are developmentally appropriate and that	4052
enhance the social, emotional, intellectual, and physical	4053
development of each child shall be permissible;	4054

(4) Health care, first aid, and emergency procedures,	4055
procedures for the care of sick children, procedures for	4056
discipline and supervision of children, nutritional standards, and	4057
procedures for screening children and in-home aides, including,	4058
but not limited to, any necessary physical examinations and	4059
immunizations;	4060

(5) Methods of encouraging parental participation and	4061
ensuring that the rights of children, parents, and in-home aides	4062
are protected and the responsibilities of parents and in-home	4063
aides are met;	4064

(6) Standards for the safe transport of children when under	4065
the care of in-home aides;	4066

(7) Procedures for issuing, renewing, denying, refusing to	4067
renew, or revoking certificates;	4068

(8) Procedures for inspection of homes of children receiving	4069
publicly funded child care in their own homes;	4070

(9) Procedures for record keeping and evaluation;

4071

(10) Procedures for receiving, recording, and responding to	4072
complaints;	4073

(11) Qualifications and training requirements for in-home	4074
aides;	4075

(12) Standards providing for the special needs of children	4076
who are handicapped or who receive treatment for health conditions	4077
while the child is receiving publicly funded child care in the	4078
child's own home;	4079

(13) Any other procedures and standards necessary to carry	4080
out this chapter.	4081

(I) To the extent that any rules adopted for the purposes of	4082
this section require a health care professional to perform a	4083
physical examination, the rules shall include as a health care	4084
professional a physician assistant, a clinical nurse specialist, a	4085
certified nurse practitioner, or a certified nurse-midwife.	4086

(J)(1) The director of job and family services shall do all	4087
of the following:	4088

(a) SendProvide or make available in either paper or	4089
electronic form to each licensee notice of proposed rules	4090
governing the licensure of child day-care centers and type A	4091
homes;	4092

(b) Give public notice of hearings regarding the rules to	4093
each licensee at least thirty days prior to the date of the public	4094
hearing, in accordance with section 119.03 of the Revised Code;	4095

(c) At least thirty days before the effective date of a rule,	4096
provide, in either paper or electronic form, a copy of the adopted	4097
rule to each licensee.	4098

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

4099

(a) Send to each county director of job and family services a	4100
notice of proposed rules governing the certification of type B	4101
family homes and in-home aides that includes an internet web site	4102
address where the proposed rules can be viewed;	4103

(b) Give public notice of hearings regarding the proposed	4104
rules not less than thirty days in advance;	4105

(c) Provide to each county director of job and family	4106
services an electronic copy of each adopted rule at least	4107
forty-five days prior to the rule's effective date.	4108

(3) The county director of job and family services shall send	4109
copies of proposed rulesprovide or make available in either paper	4110
or electronic form to each authorized provider and in-home aide	4111
copies of proposed rules and shall give public notice of hearings	4112
regarding the rules to each authorized provider and in-home aide	4113
at least thirty days prior to the date of the public hearing, in	4114
accordance with section 119.03 of the Revised Code. At least	4115
thirty days before the effective date of a rule, the county	4116
director of job and family services shall provide, in either paper	4117
or electronic form, copies of the adopted rule to each authorized	4118
provider and in-home aide.	4119

(4) Additional copies of proposed and adopted rules shall be	4120
made available by the director of job and family services to the	4121
public on request at no charge.	4122

(5) The director of job and family services shall recommend	4123
standards for imposing sanctions on persons and entities that are	4124
licensed or certified under this chapter and that violate any	4125
provision of this chapter. The standards shall be based on the	4126
scope and severity of the violations. The director shall provide	4127
copies of the recommendations to the governor, the speaker and	4128
minority leader of the house of representatives, and the president	4129
and minority leader of the senate and, on request, shall make	4130
copies available to the public.	4131

(6) The director of job and family services shall adopt rules	4132
pursuant to Chapter 119. of the Revised Code that establish	4133
standards for the training of individuals whom any county	4134
department of job and family services employs, with whom any	4135
county department of job and family services contracts, or with	4136
whom the director of job and family services contracts, to inspect	4137
or investigate type B family day-care homes pursuant to section	4138
5104.11 of the Revised Code. The department shall provide training	4139
in accordance with those standards for individuals in the	4140
categories described in this division.	4141

(K) The director of job and family services shall review all	4142
rules adopted pursuant to this chapter at least once every seven	4143
years.	4144

(L) Notwithstanding any provision of the Revised Code, the	4145
director of job and family services shall not regulate in any way	4146
under this chapter or rules adopted pursuant to this chapter,	4147
instruction in religious or moral doctrines, beliefs, or values.	4148

Sec. 5104.012.  (A)(1) TheAt the times specified in this	4149
division, the administrator of a child day-care center or a type A	4150
family day-care home and the provider of a certified type B family	4151
day-care home shall request the superintendent of the bureau of	4152
criminal identification and investigation to conduct a criminal	4153
records check with respect to any applicant who has applied to the	4154
center,or type A home, or certified type B home for employment as	4155
a person responsible for the care, custody, or control of a child.	4156
If the applicant does not present proof that the applicant has	4157
been a resident of this state for the five-year period immediately	4158
prior to the date upon which the criminal records check is	4159
requested or does not provide evidence that within that five-year	4160
period the superintendent has requested information about the	4161
applicant from the federal bureau of investigation in a criminal	4162
records check	4163

The administrator shall request a criminal records check	4164
pursuant to this division at the time of the applicant's initial	4165
application for employment and every four years thereafter at the	4166
time of a license renewal. When the administrator requests	4167
pursuant to this division a criminal records check for an	4168
applicant at the time of the applicant's initial application for	4169
employment, the administrator or provider shall request that the	4170
superintendent obtain information from the federal bureau of	4171
investigation as a part of the criminal records check for the	4172
applicant. If the applicant presents proof that the applicant has	4173
been a resident of this state for that five-year period, the	4174
administrator or provider may request that the superintendent	4175
include information from the federal bureau of investigation in	4176
the criminal records check, including fingerprint based checks of	4177
national crime information databases as described in 42 U.S.C.	4178
671, for the person subject to the criminal records check. In all	4179
other cases in which the administrator requests a criminal records	4180
check for an applicant pursuant to this division, the	4181
administrator may request that the superintendent include	4182
information from the federal bureau of investigation in the	4183
criminal records check, including fingerprint based checks of	4184
national crime information databases as described in 42 U.S.C.	4185
671.	4186

(2) A person required by division (A)(1) of this section to	4187
request a criminal records check shall provide to each applicant a	4188
copy of the form prescribed pursuant to division (C)(1) of section	4189
109.572 of the Revised Code, provide to each applicant a standard	4190
impression sheet to obtain fingerprint impressions prescribed	4191
pursuant to division (C)(2) of section 109.572 of the Revised	4192
Code, obtain the completed form and impression sheet from each	4193
applicant, and forward the completed form and impression sheet to	4194
the superintendent of the bureau of criminal identification and	4195
investigation at the time the person requests a criminal records	4196
check pursuant to division (A)(1) of this section. On and after	4197
the effective date of this amendment, the administrator of a child	4198
day-care center or a type A family day-care home shall review the	4199
results of the criminal records check before the applicant has	4200
sole responsibility for the care, custody, or control of any	4201
child.	4202

(3) An applicant who receives pursuant to division (A)(2) of	4203
this section a copy of the form prescribed pursuant to division	4204
(C)(1) of section 109.572 of the Revised Code and a copy of an	4205
impression sheet prescribed pursuant to division (C)(2) of that	4206
section and who is requested to complete the form and provide a	4207
set of fingerprint impressions shall complete the form or provide	4208
all the information necessary to complete the form and shall	4209
provide the impression sheet with the impressions of the	4210
applicant's fingerprints. If an applicant, upon request, fails to	4211
provide the information necessary to complete the form or fails to	4212
provide impressions of the applicant's fingerprints, the center,	4213
or type A home, or type B home shall not employ that applicant for	4214
any position for which a criminal records check is required by	4215
division (A)(1) of this section.	4216

(B)(1) Except as provided in rules adopted under division (E)	4217
of this section, no child day-care center,or type A family	4218
day-care home, or certified type B family day-care home shall	4219
employ or contract with another entity for the services of a	4220
person as a person responsible for the care, custody, or control	4221
of a child if the person previously has been convicted of or	4222
pleaded guilty to any of the following:	4223

(a) A violation of section 2903.01, 2903.02, 2903.03,	4224
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	4225
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	4226
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	4227
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	4228
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	4229
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	4230
2925.06, or 3716.11 of the Revised Code, a violation of section	4231
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	4232
violation of section 2919.23 of the Revised Code that would have	4233
been a violation of section 2905.04 of the Revised Code as it	4234
existed prior to July 1, 1996, had the violation occurred prior to	4235
that date, a violation of section 2925.11 of the Revised Code that	4236
is not a minor drug possession offense, or felonious sexual	4237
penetration in violation of former section 2907.12 of the Revised	4238
Code;	4239

(b) A violation of an existing or former law of this state,	4240
any other state, or the United States that is substantially	4241
equivalent to any of the offenses or violations described in	4242
division (B)(1)(a) of this sectionviolations described in	4243
division (A)(9) of section 109.572 of the Revised Code.	4244

(2) A child day-care center,or type A family day-care home,	4245
or certified type B family day-care home may employ an applicant	4246
conditionally until the criminal records check required by this	4247
section is completed and the center or home receives the results	4248
of the criminal records check. If the results of the criminal	4249
records check indicate that, pursuant to division (B)(1) of this	4250
section, the applicant does not qualify for employment, the center	4251
or home shall release the applicant from employment.	4252

(C)(1) Each child day-care center,and type A family day-care	4253
home, and certified type B family day-care home shall pay to the	4254
bureau of criminal identification and investigation the fee	4255
prescribed pursuant to division (C)(3) of section 109.572 of the	4256
Revised Code for each criminal records check conducted in	4257
accordance with that section upon the request pursuant to division	4258
(A)(1) of this section of the administrator or provider of the	4259
center or home.	4260

(2) A child day-care center,and type A family day-care home,	4261
and certified type B family day-care home may charge an applicant	4262
a fee for the costs it incurs in obtaining a criminal records	4263
check under this section. A fee charged under this division shall	4264
not exceed the amount of fees the center or home pays under	4265
division (C)(1) of this section. If a fee is charged under this	4266
division, the center or home shall notify the applicant at the	4267
time of the applicant's initial application for employment of the	4268
amount of the fee and that, unless the fee is paid, the center,or	4269
type A home, or type B home will not consider the applicant for	4270
employment.	4271

(D) The report of any criminal records check conducted by the	4272
bureau of criminal identification and investigation in accordance	4273
with section 109.572 of the Revised Code and pursuant to a request	4274
under division (A)(1) of this section is not a public record for	4275
the purposes of section 149.43 of the Revised Code and shall not	4276
be made available to any person other than the applicant who is	4277
the subject of the criminal records check or the applicant's	4278
representative; the center,or type A home, or certified type B	4279
home requesting the criminal records check or its representative;	4280
the department of job and family services or a county department	4281
of job and family services; and any court, hearing officer, or	4282
other necessary individual involved in a case dealing with the	4283
denial of employment to the applicant.	4284

(E) The director of job and family services shall adopt rules	4285
pursuant to Chapter 119. of the Revised Code to implement this	4286
section, including rules specifying circumstances under which a	4287
center or home may hire a person who has been convicted of an	4288
offense listed in division (B)(1) of this section but who meets	4289
standards in regard to rehabilitation set by the department.	4290

(F) Any person required by division (A)(1) of this section to	4291
request a criminal records check shall inform each person, at the	4292
time of the person's initial application for employment, that the	4293
person is required to provide a set of impressions of the person's	4294
fingerprints and that a criminal records check is required to be	4295
conducted and satisfactorily completed in accordance with section	4296
109.572 of the Revised Code if the person comes under final	4297
consideration for appointment or employment as a precondition to	4298
employment for that position.	4299

(G) As used in this section:

4300

(1) "Applicant" means a person who is under final	4301
consideration for appointment to or employment in a position with	4302
a child day-care center,or a type A family day-care home, or a	4303
certified type B family day-care home as a person responsible for	4304
the care, custody, or control of a child; an in-home aide	4305
certified pursuant to section 5104.12 of the Revised Code; or any	4306
person who would serve in any position with a child day-care	4307
center,or a type A family day-care home, or a certified type B	4308
family day-care home as a person responsible for the care,	4309
custody, or control of a child pursuant to a contract with another	4310
entity.	4311

(2) "Criminal records check" has the same meaning as in	4312
section 109.572 of the Revised Code.	4313

(3) "Minor drug possession offense" has the same meaning as	4314
in section 2925.01 of the Revised Code.	4315

Sec. 5104.013.  (A)(1) TheAt the times specified in division	4316
(A)(3) of this section, the director of job and family services,	4317
as part of the process of licensure of child day-care centers and	4318
type A family day-care homes, shall request the superintendent of	4319
the bureau of criminal identification and investigation to conduct	4320
a criminal records check with respect to the following persons:	4321

(a) Any owner, licensee, or administrator of a child day-care	4322
center;	4323

(b) Any owner, licensee, or administrator of a type A family	4324
day-care home and any person eighteen years of age or older who	4325
resides in a type A family day-care home.	4326

(2) TheAt the times specified in division (A)(3) of this	4327
section, the director of a county department of job and family	4328
services, as part of the process of certification of type B family	4329
day-care homes, shall request the superintendent of the bureau of	4330
criminal identification and investigation to conduct a criminal	4331
records check with respect to any authorized provider of a	4332
certified type B family day-care home and any person eighteen	4333
years of age or older who resides in a certified type B family	4334
day-care home.	4335

(3) If the owner, licensee, administrator, or person eighteen	4336
years of age or older who is the subject of a criminal records	4337
check pursuant to division (A)(1) of this section, or the	4338
authorized provider or person eighteen years of age or older who	4339
is the subject of a criminal records check pursuant to division	4340
(A)(2) of this section, does not present proof that the owner,	4341
licensee, administrator, authorized provider, or person has been a	4342
resident of this state for the five-year period immediately prior	4343
to the date upon which the criminal records check is requested or	4344
does not provide evidence that within that five-year period the	4345
superintendent of the bureau of criminal identification and	4346
investigation has requested information about the owner, licensee,	4347
administrator, authorized provider, or person from the federal	4348
bureau of investigation in a criminal records checkThe director	4349
of job and family services shall request a criminal records check	4350
pursuant to division (A)(1) of this section at the time of the	4351
initial application for licensure and every four years thereafter	4352
at the time of a license renewal. The director of a county	4353
department of job and family services shall request a criminal	4354
records check pursuant to division (A)(2) of this section at the	4355
time of the initial application for certification and every four	4356
years thereafter at the time of a certification renewal. When the	4357
director of job and family services or the director of a county	4358
department of job and family services requests pursuant to	4359
division (A)(1) or (2) of this section a criminal records check	4360
for a person at the time of the person's initial application for	4361
licensure or certification, the director shall request that the	4362
superintendent of the bureau of criminal identification and	4363
investigation obtain information from the federal bureau of	4364
investigation as a part of the criminal records check for the	4365
applicant. If the owner, licensee, administrator, authorized	4366
provider, or person presents proof that the owner, licensee,	4367
administrator, authorized provider, or person has been a resident	4368
of this state for that five-year period, the director may request	4369
that the superintendent include information from the federal	4370
bureau of investigation in the criminal records checkperson,	4371
including fingerprint based checks of national crime information	4372
databases as described in 42 U.S.C. 671 for the person subject to	4373
the criminal records check. In all other cases in which the	4374
director of job and family services or the director of a county	4375
department of job and family services requests a criminal records	4376
check for an applicant pursuant to division (A)(1) or (2) of this	4377
section, the director may request that the superintendent include	4378
information from the federal bureau of investigation in the	4379
criminal records check, including fingerprint based checks of	4380
national crime information databases as described in 42 U.S.C.	4381
671.	4382

(4) The director of job and family services shall review the	4383
results of a criminal records check subsequent to a request made	4384
pursuant to divisions (A)(1) and (3) of this section prior to	4385
approval of a license. The director of a county department of job	4386
and family services shall review the results of a criminal records	4387
check subsequent to a request made pursuant to divisions (A)(2)	4388
and (3) of this section prior to approval of certification.	4389

(B) The director of job and family services or the director	4390
of a county department of job and family services shall provide to	4391
each person for whom a criminal records check is required under	4392
this section a copy of the form prescribed pursuant to division	4393
(C)(1) of section 109.572 of the Revised Code and a standard	4394
impression sheet to obtain fingerprint impressions prescribed	4395
pursuant to division (C)(2) of that section, obtain the completed	4396
form and impression sheet from that person, and forward the	4397
completed form and impression sheet to the superintendent of the	4398
bureau of criminal identification and investigation.	4399

(C) A person who receives pursuant to division (B) of this	4400
section a copy of the form and standard impression sheet described	4401
in that division and who is requested to complete the form and	4402
provide a set of fingerprint impressions shall complete the form	4403
or provide all the information necessary to complete the form and	4404
shall provide the impression sheet with the impressions of the	4405
person's fingerprints. If the person, upon request, fails to	4406
provide the information necessary to complete the form or fails to	4407
provide impressions of the person's fingerprints, the director may	4408
consider the failure as a reason to deny licensure or	4409
certification.	4410

(D)(1) Except as provided in rules adopted under division (G)	4411
of this section, the director of job and family services shall not	4412
grant a license to a child day-care center or type A family	4413
day-care home and a county director of job and family services	4414
shall not certify a type B family day-care home if a person for	4415
whom a criminal records check was required in connection with the	4416
center or home previously has been convicted of or pleaded guilty	4417
to any of the following:	4418

(a) A violation of section 2903.01, 2903.02, 2903.03,	4419
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	4420
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	4421
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	4422
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	4423
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	4424
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	4425
2925.06, or 3716.11 of the Revised Code, a violation of section	4426
2905.04 as it existed prior to July 1, 1996, a violation of	4427
section 2919.23 of the Revised Code that would have been a	4428
violation of section 2905.04 of the Revised Code as it existed	4429
prior to July 1, 1996, had the violation been committed prior to	4430
that date, a violation of section 2925.11 of the Revised Code that	4431
is not a minor drug possession offense, or felonious sexual	4432
penetration in violation of former section 2907.12 of the Revised	4433
Code;	4434

(b) A violation of an existing or former law of this state,	4435
any other state, or the United States that is substantially	4436
equivalent to any of the offenses or violations described in	4437
division (D)(1)(a) of this section.	4438

(2) In addition to the prohibition described in division	4439
(D)(1) of this section, and except as provided in rules adopted	4440
under division (G) of this section, the director shall not grant a	4441
license to a child day-care center or type A family day-care home	4442
and a county director shall not certify a type B family day-care	4443
home if an owner, licensee, or administrator of a child day-care	4444
center or type A family day-care home or an authorized provider of	4445
a certified type B family day-care home previously has been	4446
convicted of or pleaded guilty to any of the following:	4447

(a) A violation of section 2913.02, 2913.03, 2913.04,	4448
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	4449
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	4450
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11,	4451
2921.13, or 2923.01 of the Revised Code, a violation of section	4452
2923.02 or 2923.03 of the Revised Code that relates to a crime	4453
specified in this division or division (D)(1) of this section, or	4454
a second violation of section 4511.19 of the Revised Code within	4455
five years of the date of application for licensure or	4456
certification.	4457

(b) A violation of an existing or former law of this state,	4458
any other state, or the United States that is substantially	4459
equivalent to any of the offenses or violations described in	4460
division (D)(2)(a) of this sectionviolations described in	4461
division (A)(9) of section 109.572 of the Revised Code.	4462

(E) Each child day-care center, type A family day-care home,	4463
and type B family day-care home shall pay to the bureau of	4464
criminal identification and investigation the fee prescribed	4465
pursuant to division (C)(3) of section 109.572 of the Revised Code	4466
for each criminal records check conducted in accordance with that	4467
section upon a request made pursuant to division (A) of this	4468
section.	4469

(F) The report of any criminal records check conducted by the	4470
bureau of criminal identification and investigation in accordance	4471
with section 109.572 of the Revised Code and pursuant to a request	4472
made under division (A) of this section is not a public record for	4473
the purposes of section 149.43 of the Revised Code and shall not	4474
be made available to any person other than the person who is the	4475
subject of the criminal records check or the person's	4476
representative, the director of job and family services, the	4477
director of a county department of job and family services, the	4478
center, type A home, or type B home involved, and any court,	4479
hearing officer, or other necessary individual involved in a case	4480
dealing with a denial of licensure or certification related to the	4481
criminal records check.	4482

(G) The director of job and family services shall adopt rules	4483
pursuant to Chapter 119. of the Revised Code to implement this	4484
section, including rules specifying exceptions to the prohibition	4485
in division (D) of this section for persons who have been	4486
convicted of an offense listed in that division but who meet	4487
standards in regard to rehabilitation set by the department.	4488

(H) As used in this section:

4489

(1) "Criminal, "criminal records check" has the same meaning	4490
as in section 109.572 of the Revised Code.	4491

(2) "Minor drug possession offense" has the same meaning as	4492
in section 2925.01 of the Revised Code.	4493

Sec. 5104.022. The department of job and family services	4494
shall not license a prospective type A family day-care home if	4495
that prospective family day-care home is certified to be a foster	4496
home or specialized foster home pursuant to Chapter 5103. of the	4497
Revised Code. A county department of job and family services shall	4498
not certify a prospective type B family day-care home if that	4499
prospective family day-care home is certified to be a specialized	4500
foster home pursuant to Chapter 5103. of the Revised Code.	4501

Sec. 5104.09.  (A)(1) Except as provided in rules adopted	4502
pursuant to division (D) of this section:	4503

(a) No, no individual who has been convicted of or pleaded	4504
guilty to a violation described in division (A)(9) of section	4505
109.572 of the Revised Code, a violation of section 2903.01,	4506
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16,	4507
2903.21, 2903.22, 2903.34, 2905.01, 2905.02, 2905.04, 2905.05,	4508
2905.11, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07,	4509
2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31,	4510
2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2909.04,	4511
2909.05, 2911.01, 2911.02, 2911.11, 2911.12, 2917.01, 2917.02,	4512
2917.03, 2917.31, 2919.12, 2919.24, 2919.25, 2921.03, 2921.34, or	4513
2921.35, 2923.12, 2923.13, 2923.161, 2919.22, 2925.02, 2925.03,	4514
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a	4515
violation of section 2925.11 of the Revised Code that is not a	4516
minor drug possession offense, as defined in section 2925.01 of	4517
the Revised Code, felonious sexual penetration in violation of	4518
former section 2907.12 of the Revised Code, or a violation of an	4519
existing or former law or ordinance of any municipal corporation,	4520
this state, any other state, or the United States that is	4521
substantially equivalent to any of those violations shall be	4522
certified as an in-home aide or be employed in any capacity in or	4523
own or operate a child day-care center, type A family day-care	4524
home, type B family day-care home, or certified type B family	4525
day-care home.	4526

(b) No individual who has been convicted of or pleaded guilty	4527
to a violation of section 2913.02, 2913.03, 2913.04, 2913.041,	4528
2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 2913.33,	4529
2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441,	4530
2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11, 2921.13, or	4531
2923.01 of the Revised Code, a violation of section 2923.02 or	4532
2923.03 of the Revised Code that relates to a crime specified in	4533
this division or division (A)(1)(a) of this section, a second	4534
violation of section 4511.19 of the Revised Code within five years	4535
of the date of operation of the child day-care center or family	4536
day-care home, or two violations of section 4511.19 of the Revised	4537
Code during operation of the center or home, or a violation of an	4538
existing or former law of this state, any other state, or the	4539
United States that is substantially equivalent to any of those	4540
violations shall be certified as an in-home aide or be employed in	4541
any capacity in or own or operate a child day-care center, type A	4542
family day-care home, type B family day-care home, or certified	4543
type B family day-care home.	4544

(2) Each employee of a child day-care center and type A home	4545
and every person eighteen years of age or older residing in a type	4546
A home shall sign a statement on forms prescribed by the director	4547
of job and family services attesting to the fact that the employee	4548
or resident person has not been convicted of or pleaded guilty to	4549
any offense set forth in division (A)(1)(a) of this section and	4550
that no child has been removed from the employee's or resident	4551
person's home pursuant to section 2151.353 of the Revised Code.	4552
Each licensee of a type A home shall sign a statement on a form	4553
prescribed by the director attesting to the fact that no person	4554
who resides at the type A home and who is under the age of	4555
eighteen has been adjudicated a delinquent child for committing a	4556
violation of any section listed in division (A)(1)(a) of this	4557
section. The statements shall be kept on file at the center or	4558
type A home.	4559

(3) Each in-home aide and every person eighteen years of age	4560
or older residing in a certified type B home shall sign a	4561
statement on forms prescribed by the director of job and family	4562
services attesting that the aide or resident person has not been	4563
convicted of or pleaded guilty to any offense set forth in	4564
division (A)(1)(a) of this section and that no child has been	4565
removed from the aide's or resident person's home pursuant to	4566
section 2151.353 of the Revised Code. Each authorized provider	4567
shall sign a statement on forms prescribed by the director	4568
attesting that the provider has not been convicted of or pleaded	4569
guilty to any offense set forth in division (A)(1)(a) or (b) of	4570
this section and that no child has been removed from the	4571
provider's home pursuant to section 2151.353 of the Revised Code.	4572
Each authorized provider shall sign a statement on a form	4573
prescribed by the director attesting to the fact that no person	4574
who resides at the certified type B home and who is under the age	4575
of eighteen has been adjudicated a delinquent child for committing	4576
a violation of any section listed in division (A)(1)(a) of this	4577
section. The statements shall be kept on file at the county	4578
department of job and family services.	4579

(4) Each administrator and licensee of a center or type A	4580
home shall sign a statement on a form prescribed by the director	4581
of job and family services attesting that the administrator or	4582
licensee has not been convicted of or pleaded guilty to any	4583
offense set forth in division (A)(1)(a) or (b) of this section and	4584
that no child has been removed from the administrator's or	4585
licensee's home pursuant to section 2151.353 of the Revised Code.	4586
The statement shall be kept on file at the center or type A home.	4587

(B) No in-home aide, no administrator, licensee, authorized	4588
provider, or employee of a center, type A home, or certified type	4589
B home, and no person eighteen years of age or older residing in a	4590
type A home or certified type B home shall withhold information	4591
from, or falsify information on, any statement required pursuant	4592
to division (A)(2), (3), or (4) of this section.	4593

(C) No administrator, licensee, or child-care staff member	4594
shall discriminate in the enrollment of children in a child	4595
day-care center upon the basis of race, color, religion, sex, or	4596
national origin.	4597

(D) The director of job and family services shall adopt rules	4598
pursuant to Chapter 119. of the Revised Code to implement this	4599
section, including rules specifying exceptions to the prohibition	4600
in division (A)(1) of this section for persons who have been	4601
convicted of an offense listed in that division but meet	4602
rehabilitation standards set by the department.	4603

Sec. 5104.30.  (A) The department of job and family services	4604
is hereby designated as the state agency responsible for	4605
administration and coordination of federal and state funding for	4606
publicly funded child care in this state. Publicly funded child	4607
care shall be provided to the following:	4608

(1) Recipients of transitional child care as provided under	4609
section 5104.34 of the Revised Code;	4610

(2) Participants in the Ohio works first program established	4611
under Chapter 5107. of the Revised Code;	4612

(3) Individuals who would be participating in the Ohio works	4613
first program if not for a sanction under section 5107.16 of the	4614
Revised Code and who continue to participate in a work activity,	4615
developmental activity, or alternative work activity pursuant to	4616
an assignment under section 5107.42 of the Revised Code;	4617

(4) A family receiving publicly funded child care on October	4618
1, 1997, until the family's income reaches one hundred fifty per	4619
cent of the federal poverty line;	4620

(5) Subject to available funds, other individuals determined	4621
eligible in accordance with rules adopted under section 5104.38 of	4622
the Revised Code.	4623

The department shall apply to the United States department of	4624
health and human services for authority to operate a coordinated	4625
program for publicly funded child care, if the director of job and	4626
family services determines that the application is necessary. For	4627
purposes of this section, the department of job and family	4628
services may enter into agreements with other state agencies that	4629
are involved in regulation or funding of child care. The	4630
department shall consider the special needs of migrant workers	4631
when it administers and coordinates publicly funded child care and	4632
shall develop appropriate procedures for accommodating the needs	4633
of migrant workers for publicly funded child care.	4634

(B) The department of job and family services shall	4635
distribute state and federal funds for publicly funded child care,	4636
including appropriations of state funds for publicly funded child	4637
care and appropriations of federal funds available under the child	4638
care block grant act, Title IV-A, and Title XX. The department may	4639
use any state funds appropriated for publicly funded child care as	4640
the state share required to match any federal funds appropriated	4641
for publicly funded child care.	4642

(C) In the use of federal funds available under the child	4643
care block grant act, all of the following apply:	4644

(1) The department may use the federal funds to hire staff to	4645
prepare any rules required under this chapter and to administer	4646
and coordinate federal and state funding for publicly funded child	4647
care.	4648

(2) Not more than five per cent of the aggregate amount of	4649
the federal funds received for a fiscal year may be expended for	4650
administrative costs.	4651

(3) The department shall allocate and use at least four per	4652
cent of the federal funds for the following:	4653

(a) Activities designed to provide comprehensive consumer	4654
education to parents and the public;	4655

(b) Activities that increase parental choice;

4656

(c) Activities, including child care resource and referral	4657
services, designed to improve the quality, and increase the	4658
supply, of child care.	4659

(4) The department shall ensure that the federal funds will	4660
be used only to supplement, and will not be used to supplant,	4661
federal, state, and local funds available on the effective date of	4662
the child care block grant act for publicly funded child care and	4663
related programs. A county department of job and family services	4664
may purchase child care from funds obtained through any other	4665
means.	4666

(D) The department shall encourage the development of	4667
suitable child care throughout the state, especially in areas with	4668
high concentrations of recipients of public assistance and	4669
families with low incomes. The department shall encourage the	4670
development of suitable child care designed to accommodate the	4671
special needs of migrant workers. On request, the department,	4672
through its employees or contracts with state or community child	4673
care resource and referral service organizations, shall provide	4674
consultation to groups and individuals interested in developing	4675
child care. The department of job and family services may enter	4676
into interagency agreements with the department of education, the	4677
board of regents, the department of development, and other state	4678
agencies and entities whenever the cooperative efforts of the	4679
other state agencies and entities are necessary for the department	4680
of job and family services to fulfill its duties and	4681
responsibilities under this chapter.	4682

The department shall develop and maintain a registry of	4683
persons providing child care. The director shall adopt rules	4684
pursuant to Chapter 119. of the Revised Code establishing	4685
procedures and requirements for the registry's administration.	4686

(E)(1) The director shall adopt rules in accordance with	4687
Chapter 119. of the Revised Code establishing both of the	4688
following:	4689

(a) Reimbursement ceilings for providers of publicly funded	4690
child care;	4691

(b) A procedure for reimbursing and paying providers of	4692
publicly funded child care.	4693

(2) In establishing reimbursement ceilings under division	4694
(E)(1)(a) of this section, the director shall do all of the	4695
following:	4696

(a) Use the information obtained under division (B)(3) of	4697
section 5104.04 of the Revised Code;	4698

(b) Establish an enhanced reimbursement ceiling for providers	4699
who provide child care for caretaker parents who work	4700
nontraditional hours;	4701

(c) For a type B family day-care home provider that has	4702
received limited certification pursuant to rules adopted under	4703
division (G)(1) of section 5104.011 of the Revised Code, establish	4704
a reimbursement ceiling that is the following:	4705

(i) If the provider is a person described in division	4706
(G)(1)(a)(i) of section 5104.011 of the Revised Code, seventy-five	4707
per cent of the reimbursement ceiling that applies to a type B	4708
family day-care home certified by the same county department of	4709
job and family services pursuant to section 5104.11 of the Revised	4710
Code;	4711

(ii) If the provider is a person described in division	4712
(G)(1)(b)(a)(ii) of section 5104.011 of the Revised Code, sixty	4713
per cent of the reimbursement ceiling that applies to a type B	4714
family day-care home certified by the same county department	4715
pursuant to section 5104.11 of the Revised Code.	4716

(3) In establishing reimbursement ceilings under division	4717
(E)(1)(a) of this section, the director may establish different	4718
reimbursement ceilings based on any of the following:	4719

(a) Geographic location of the provider;

4720

(b) Type of care provided;

4721

(c) Age of the child served;

4722

(d) Special needs of the child served;

4723

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

4724

(f) Whether weekend service is provided;

4725

(g) Whether the provider has exceeded the minimum	4726
requirements of state statutes and rules governing child care;	4727

(h) Any other factors the director considers appropriate.

4728

Section 2.  That existing sections 109.57, 109.572, 109.60,	4729
109.99, 2151.413, 2151.414, 2151.417, 2151.419, 2151.421,	4730
2151.424, 2151.55, 2151.551, 2151.553, 2151.554, 2151.86,	4731
3107.033, 3107.034, 3107.14, 5101.13, 5101.132, 5101.134, 5103.03,	4732
5103.0319, 5103.0326, 5103.16, 5103.18, 5104.011, 5104.012,	4733
5104.013, 5104.09, and 5104.30 and section 2151.552 of the Revised	4734
Code are hereby repealed.	4735

Section 3. (A) In addition to the actions authorized by	4736
section 5101.24 of the Revised Code, not later than thirty days	4737
after the effective date of this act, the Director of Job and	4738
Family Services shall convene a work group to study and make	4739
recommendations to the Director regarding both of the following:	4740

(1) Support for positive child and family outcomes offered to	4741
public children services agencies, private child placing agencies,	4742
and private noncustodial agencies by the Department of Job and	4743
Family Services;	4744

(2) The establishment of fines and sanctions for public	4745
children services agencies, private child placing agencies, and	4746
private noncustodial agencies that do not comply with foster care	4747
related laws or rules.	4748

(B) The work group shall include representatives of public	4749
children services agencies, private child placing agencies,	4750
private noncustodial agencies, the Ohio Family Care Association,	4751
the Ohio Association of Child Caring Agencies, the Public Children	4752
Services Association of Ohio, the Ohio Job and Family Services	4753
Directors' Association, the County Commissioners' Association of	4754
Ohio, foster caregivers, and current and former foster children.	4755

(C) The work group shall prepare a report that contains	4756
recommendations regarding Department support for local agencies	4757
and the establishment of fines and sanctions either in law, rule,	4758
or both. The work group shall submit the report not later than	4759
June 30, 2008, to the Director. The Director shall review the	4760
recommendations and create an executive summary of the	4761
recommendations and submit the summary to the Governor, the	4762
Speaker of the House of Representatives, and the President of the	4763
Senate. The work group shall cease to exist upon submission of the	4764
executive summary.	4765

Section 4. Until the Uniform Statewide Automated Child	4766
Welfare Information System established under section 5101.13 of	4767
the Revised Code is implemented statewide by all public children	4768
services agencies as described in section 5153.02 of the Revised	4769
Code, agencies or persons required to include a summary report	4770
pursuant to section 3107.033 or 5103.18 of the Revised Code shall	4771
request a check of the Ohio Central Registry of Abuse and Neglect	4772
from the Department of Job and Family Services regarding any	4773
prospective foster parent and any person eighteen years of age or	4774
older who resides with the prospective foster parent or regarding	4775
any prospective adoptive parent and any person eighteen years of	4776
age or older who resides with the prospective adoptive parent,	4777
whichever is applicable, to enable the agency or person to check	4778
any child abuse and neglect registry maintained by any state in	4779
which the prospective foster parent, the prospective adoptive	4780
parent, or the person eighteen years of age or older who resided	4781
with the prospective foster parent or prospective adoptive parent	4782
has resided in the preceding five years. After the Uniform	4783
Statewide Automated Child Welfare Information System established	4784
under section 5101.13 of the Revised Code is implemented statewide	4785
by all public children services agencies as described in section	4786
5153.02 of the Revised Code, all private agencies, as defined in	4787
section 5103.02 of the Revised Code, shall request a check of that	4788
System by the Department of Job and Family Services until the	4789
private agency can access the System and conduct its own search.	4790

Section 5.  Section 109.572 of the Revised Code is presented	4791
in this act as a composite of the section as amended by both Am.	4792
Sub. S.B. 185 and Am. Sub. S.B. 238 of the 126th General Assembly.	4793
Section 2151.86 of the Revised Code is presented in this act as a	4794
composite of the section as amended by both Am. Sub. H.B. 106 and	4795
Am. Sub. H.B. 117 of the 125th General Assembly. The General	4796
Assembly, applying the principle stated in division (B) of section	4797
1.52 of the Revised Code that amendments are to be harmonized if	4798
reasonably capable of simultaneous operation, finds that the	4799
composites are the resulting versions of the sections in effect	4800
prior to the effective date of the sections as presented in this	4801
act.	4802