H. B. No. 371 As Introduced

As Introduced

128th General Assembly

Regular Session

2009-2010

H. B. No. 371

Representatives Pillich, Belcher

Cosponsors: Representatives Amstutz, Bacon, Bolon, Boyd, Celeste, Chandler, Combs, DeGeeter, Domenick, Fende, Foley, Garland, Hackett, Hagan, Harris, Letson, Murray, Newcomb, Okey, Patten, Phillips, Skindell, Ujvagi, Wagner, Weddington, Williams, B., Williams, S., Yuko

A BILL

To amend sections 109.65, 109.73, 109.741, 109.77,

109.79, 109.93, 121.37, 121.38, 307.021, 307.86,

340.15, 2101.17, 2151.011, 2151.03, 2151.10,

2151.141, 2151.18, 2151.23, 2151.24, 2151.27,

2151.28, 2151.281, 2151.282, 2151.31, 2151.312,

2151.314, 2151.33, 2151.331, 2151.35, 2151.353,

2151.359, 2151.3514, 2151.3517, 2151.3520,

2151.3521, 2151.3522, 2151.3523, 2151.3524,

2151.3527, 2151.36, 2151.40, 2151.412, 2151.414,

2151.421, 2151.423, 2151.425, 2151.426, 2151.427,

2151.428, 2151.44, 2151.54, 2151.56, 2151.65,

2151.86, 2151.99, 2152.02, 2152.19, 2152.71,

2301.03, 2317.01, 2317.02, 2501.02, 2710.05,

2901.13, 2919.21, 2919.22, 2919.23, 2921.14,

2921.32, 2927.02, 2930.01, 2945.42, 3101.01,

3107.013, 3107.034, 3107.12, 3107.161, 3109.04,

3109.051, 3109.052, 3109.11, 3109.12, 3109.13,

3109.15, 3109.16, 3109.17, 3109.171, 3109.172,

3109.18, 3109.46, 3109.51, 3109.53, 3109.58,

3109.66, 3109.68, 3109.74, 3109.77, 3113.31,

3127.01, 3127.23, 3127.38, 3301.121, 3301.54,

3301.56, 3313.64, 3313.662, 3321.17, 3321.19,

3321.22, 3701.503, 3730.01, 4501.21, 5101.13,

5101.28, 5101.46, 5103.04, 5103.07, 5103.12,

5103.13, 5103.161, 5103.18, 5104.011, 5104.06,

5104.11, 5107.02, 5107.10, 5111.88, 5120.173,

5122.39, 5123.93, 5139.05, 5153.122, 5153.123,

5153.16, 5153.171, 5153.172, 5153.175, and

5153.52, to amend, for the purpose of adopting new

section numbers as indicated in parentheses,

sections 2151.011 (2151.03) and 2151.03 (2151.45),

to enact new section 2151.031, and sections

2151.02, 2151.021, 2151.032, 2151.033, 2151.034,

2151.035, 2151.036, 2151.037, and 2151.351, and to

repeal sections 2151.031, 2151.04, and 2151.05 of

the Revised Code to establish the category of a

child in need of protective services and to

generally replace the terms "abused child,"

"neglected child," and "dependent child" as they

apply to civil law with the term "child in need of

protective services."

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

Section 1. That sections 109.65, 109.73, 109.741, 109.77,	42
109.79, 109.93, 121.37, 121.38, 307.021, 307.86, 340.15, 2101.17,	43
2151.011, 2151.03, 2151.10, 2151.141, 2151.18, 2151.23, 2151.24,	44
2151.27, 2151.28, 2151.281, 2151.282, 2151.31, 2151.312, 2151.314,	45
2151.33, 2151.331, 2151.35, 2151.353, 2151.359, 2151.3514,	46
2151.3517, 2151.3520, 2151.3521, 2151.3522, 2151.3523, 2151.3524,	47
2151.3527, 2151.36, 2151.40, 2151.412, 2151.414, 2151.421,	48
2151.423, 2151.425, 2151.426, 2151.427, 2151.428, 2151.44,	49
2151.54, 2151.56, 2151.65, 2151.86, 2151.99, 2152.02, 2152.19,	50
2152.71, 2301.03, 2317.01, 2317.02, 2501.02, 2710.05, 2901.13,	51
2919.21, 2919.22, 2919.23, 2921.14, 2921.32, 2927.02, 2930.01,	52
2945.42, 3101.01, 3107.013, 3107.034, 3107.12, 3107.161, 3109.04,	53
3109.051, 3109.052, 3109.11, 3109.12, 3109.13, 3109.15, 3109.16,	54
3109.17, 3109.171, 3109.172, 3109.18, 3109.46, 3109.51, 3109.53,	55
3109.58, 3109.66, 3109.68, 3109.74, 3109.77, 3113.31, 3127.01,	56
3127.23, 3127.38, 3301.121, 3301.54, 3301.56, 3313.64, 3313.662,	57
3321.17, 3321.19, 3321.22, 3701.503, 3730.01, 4501.21, 5101.13,	58
5101.28, 5101.46, 5103.04, 5103.07, 5103.12, 5103.13, 5103.161,	59
5103.18, 5104.011, 5104.06, 5104.11, 5107.02, 5107.10, 5111.88,	60
5120.173, 5122.39, 5123.93, 5139.05, 5153.122, 5153.123, 5153.16,	61
5153.171, 5153.172, 5153.175, and 5153.52 be amended, sections	62
2151.011 (2151.03) and 2151.03 (2151.45) be amended for the	63
purpose of adopting new section numbers as indicated in	64
parentheses, new section 2151.031 and sections 2151.02, 2151.021,	65
2151.032, 2151.033, 2151.034, 2151.035, 2151.036, 2151.037, and	66
2151.351 of the Revised Code be enacted to read as follows:	67

Sec. 109.65. (A) As used in this section, "minor," "missing	68
child," and "missing children" have the same meanings as in	69
section 2901.30 of the Revised Code.	70

(B) There is hereby created within the office of the attorney	71
general the missing children clearinghouse. The attorney general	72
shall administer the clearinghouse. The clearinghouse is	73
established as a central repository of information to coordinate	74
and improve the availability of information regarding missing	75
children, which information shall be collected and disseminated by	76
the clearinghouse to assist in the location of missing children.	77
The clearinghouse shall act as an information repository separate	78
from and in addition to law enforcement agencies within this	79
state.	80

(C) The missing children clearinghouse may perform any of the	81
following functions:	82

(1) The establishment of services to aid in the location of	83
missing children that include, but are not limited to, any of the	84
following services:	85

(a) Assistance in the preparation and dissemination of flyers	86
identifying and describing missing children and their abductors;	87

(b) The development of informational forms for the reporting	88
of missing children that may be used by parents, guardians, and	89
law enforcement officials to facilitate the location of a missing	90
child;	91

(c) The provision of assistance to public and private	92
organizations, boards of education, nonpublic schools, preschools,	93
child care facilities, and law enforcement agencies in planning	94
and implementing voluntary programs to fingerprint children.	95

(2) The establishment and operation of a toll-free telephone	96
line for supplemental reports of missing children and reports of	97
sightings of missing children;	98

(3) Upon the request of any person or entity and upon payment	99
of any applicable fee established by the attorney general under	100
division (H) of this section, the provision to the person or	101
entity who makes the request of a copy of any information	102
possessed by the clearinghouse that was acquired or prepared	103
pursuant to division (E)(3) of this section;	104

(4) The performance of liaison services between individuals	105
and public and private agencies regarding procedures for handling	106
and responding to missing children reports;	107

(5) The participation as a member in any networks of other	108
missing children centers or clearinghouses;	109

(6) The creation and operation of an intrastate network of	110
communication designed for the speedy collection and processing of	111
information concerning missing children.	112

(D) If a board of education is notified by school personnel	113
that a missing child is attending any school under the board's	114
jurisdiction, or if the principal or chief administrative officer	115
of a nonpublic school is notified by school personnel that a	116
missing child is attending that school, the board or the principal	117
or chief administrative officer immediately shall give notice of	118
that fact to the missing children clearinghouse and to the law	119
enforcement agency with jurisdiction over the area where the	120
missing child resides.	121

(E)(1) The attorney general, in cooperation with the	122
department of job and family services, shall establish a "missing	123
child educational program" within the missing children	124
clearinghouse that shall perform the functions specified in	125
divisions (E)(1) to (3) of this section. The program shall operate	126
under the supervision and control of the attorney general in	127
accordance with procedures that the attorney general shall develop	128
to implement divisions (E)(1) to (3) of this section. The attorney	129
general shall cooperate with the department of education in	130
developing and disseminating information acquired or prepared	131
pursuant to division (E)(3) of this section.	132

(2) Upon the request of any board of education in this state	133
or any nonpublic school in this state, the missing child	134
educational program shall provide to the board or school a	135
reasonable number of copies of the information acquired or	136
prepared pursuant to division (E)(3) of this section.	137

Upon the request of any board of education in this state or	138
any nonpublic school in this state that, pursuant to section	139
3313.96 of the Revised Code, is developing an information program	140
concerning missing children issues and matters, the missing child	141
educational program shall provide to the board or nonpublic school	142
assistance in developing the information program. The assistance	143
may include, but is not limited to, the provision of any or all of	144
the following:	145

(a) If the requesting entity is a board of education of a	146
school district, sample policies on missing and exploited children	147
issues to assist the board in complying with section 3313.205 of	148
the Revised Code;	149

(b) Suggested safety curricula regarding missing children	150
issues, including child safety and abduction prevention issues;	151

(c) Assistance in developing, with local law enforcement	152
agencies, prosecuting attorneys, boards of education, school	153
districts, and nonpublic schools, cooperative programs for	154
fingerprinting children;	155

(d) Other assistance to further the goals of the program.

156

(3) The missing child educational program shall acquire or	157
prepare informational materials relating to missing children	158
issues and matters. These issues and matters include, but are not	159
limited to, the following:	160

(a) The types of missing children;

161

(b) The reasons why and how minors become missing children,	162
the potential adverse consequences of a minor becoming a missing	163
child, and, in the case of minors who are considering running away	164
from home or from the care, custody, and control of their parents,	165
parent who is the residential parent and legal custodian,	166
guardian, legal custodian, or another person responsible for them,	167
alternatives that may be available to address their concerns and	168
problems;	169

(c) Offenses under federal law that could relate to missing	170
children and other provisions of federal law that focus on missing	171
children;	172

(d) Offenses under the Revised Code that could relate to	173
missing children, including, but not limited to, kidnapping,	174
abduction, unlawful restraint, child stealing, interference with	175
custody, endangering children, domestic violence, ~~abuse of a child~~	176
~~and~~committing an act or omission against a child that causes or	177
contributes to a child being a child in need of protective	178
services, contributing to the ~~dependency, neglect,~~ unruliness, or	179
delinquency of a child, sexual offenses, drug offenses,	180
prostitution offenses, and obscenity offenses, and other	181
provisions of the Revised Code that could relate to missing	182
children;	183

(e) Legislation being considered by the general assembly,	184
legislatures of other states, the congress of the United States,	185
and political subdivisions in this or any other state to address	186
missing children issues;	187

(f) Sources of information on missing children issues;

188

(g) State, local, federal, and private systems for locating	189
and identifying missing children;	190

(h) Law enforcement agency programs, responsibilities, and	191
investigative techniques in missing children matters;	192

(i) Efforts on the community level in this and other states,	193
concerning missing children issues and matters, by governmental	194
entities and private organizations;	195

(j) The identification of private organizations that, among	196
their primary objectives, address missing children issues and	197
matters;	198

(k) How to avoid becoming a missing child and what to do if	199
one becomes a missing child;	200

(l) Efforts that schools, parents, and members of a community	201
can undertake to reduce the risk that a minor will become a	202
missing child and to quickly locate or identify a minor if he	203
becomes a missing child, including, but not limited to,	204
fingerprinting programs.	205

(F) Each year the missing children clearinghouse shall issue	206
a report describing its performance of the functions specified in	207
division (E) of this section and shall provide a copy of the	208
report to the speaker of the house of representatives, the	209
president of the senate, the governor, the superintendent of the	210
bureau of criminal identification and investigation, and the	211
director of job and family services.	212

(G) Any state agency or political subdivision of this state	213
that operates a missing children program or a clearinghouse for	214
information about missing children shall coordinate its activities	215
with the missing children clearinghouse.	216

(H) The attorney general shall determine a reasonable fee to	217
be charged for providing to any person or entity other than a	218
state or local law enforcement agency of this or any other state,	219
a law enforcement agency of the United States, a board of	220
education of a school district in this state, a nonpublic school	221
in this state, a governmental entity in this state, or a public	222
library in this state, pursuant to division (A)(3) of this	223
section, copies of any information acquired or prepared pursuant	224
to division (E)(3) of this section. The attorney general shall	225
collect the fee prior to sending or giving copies of any	226
information to any person or entity for whom or which this	227
division requires the fee to be charged and shall deposit the fee	228
into the missing children fund created by division (I) of this	229
section.	230

(I) There is hereby created in the state treasury the missing	231
children fund that shall consist of all moneys awarded to the	232
state by donation, gift, or bequest, all other moneys received for	233
purposes of this section, and all fees collected pursuant to this	234
section or section 109.64 of the Revised Code. The attorney	235
general shall use the moneys in the missing children fund only for	236
purposes of the office of the attorney general acquiring or	237
preparing information pursuant to division (E)(3) of this section.	238

(J) The failure of the missing children clearinghouse to	239
undertake any function or activity authorized in this section does	240
not create a cause of action against the state.	241

Sec. 109.73. (A) The Ohio peace officer training commission	242
shall recommend rules to the attorney general with respect to all	243
of the following:	244

(1) The approval, or revocation of approval, of peace officer	245
training schools administered by the state, counties, municipal	246
corporations, public school districts, technical college	247
districts, and the department of natural resources;	248

(2) Minimum courses of study, attendance requirements, and	249
equipment and facilities to be required at approved state, county,	250
municipal, and department of natural resources peace officer	251
training schools;	252

(3) Minimum qualifications for instructors at approved state,	253
county, municipal, and department of natural resources peace	254
officer training schools;	255

(4) The requirements of minimum basic training that peace	256
officers appointed to probationary terms shall complete before	257
being eligible for permanent appointment, which requirements shall	258
include training in the handling of the offense of domestic	259
violence, other types of domestic violence-related offenses and	260
incidents, and protection orders and consent agreements issued or	261
approved under section 2919.26 or 3113.31 of the Revised Code;	262
crisis intervention training; and training in the handling of	263
missing children and ~~child abuse and neglect~~ cases of children in	264
need of protective services; and the time within which such basic	265
training shall be completed following appointment to a	266
probationary term;	267

(5) The requirements of minimum basic training that peace	268
officers not appointed for probationary terms but appointed on	269
other than a permanent basis shall complete in order to be	270
eligible for continued employment or permanent appointment, which	271
requirements shall include training in the handling of the offense	272
of domestic violence, other types of domestic violence-related	273
offenses and incidents, and protection orders and consent	274
agreements issued or approved under section 2919.26 or 3113.31 of	275
the Revised Code, crisis intervention training, and training in	276
the handling of missing children and ~~child abuse and neglect~~	277
cases of children in need of protective services, and the time	278
within which such basic training shall be completed following	279
appointment on other than a permanent basis;	280

(6) Categories or classifications of advanced in-service	281
training programs for peace officers, including programs in the	282
handling of the offense of domestic violence, other types of	283
domestic violence-related offenses and incidents, and protection	284
orders and consent agreements issued or approved under section	285
2919.26 or 3113.31 of the Revised Code, in crisis intervention,	286
and in the handling of missing children and ~~child abuse and~~	287
~~neglect~~ cases of children in need of protective services, and	288
minimum courses of study and attendance requirements with respect	289
to such categories or classifications;	290

(7) Permitting persons, who are employed as members of a	291
campus police department appointed under section 1713.50 of the	292
Revised Code; who are employed as police officers by a qualified	293
nonprofit corporation police department pursuant to section	294
1702.80 of the Revised Code; who are appointed and commissioned as	295
bank, savings and loan association, savings bank, credit union, or	296
association of banks, savings and loan associations, savings	297
banks, or credit unions police officers, as railroad police	298
officers, or as hospital police officers pursuant to sections	299
4973.17 to 4973.22 of the Revised Code; or who are appointed and	300
commissioned as amusement park police officers pursuant to section	301
4973.17 of the Revised Code, to attend approved peace officer	302
training schools, including the Ohio peace officer training	303
academy, and to receive certificates of satisfactory completion of	304
basic training programs, if the private college or university that	305
established the campus police department; qualified nonprofit	306
corporation police department; bank, savings and loan association,	307
savings bank, credit union, or association of banks, savings and	308
loan associations, savings banks, or credit unions; railroad	309
company; hospital; or amusement park sponsoring the police	310
officers pays the entire cost of the training and certification	311
and if trainee vacancies are available;	312

(8) Permitting undercover drug agents to attend approved	313
peace officer training schools, other than the Ohio peace officer	314
training academy, and to receive certificates of satisfactory	315
completion of basic training programs, if, for each undercover	316
drug agent, the county, township, or municipal corporation that	317
employs that undercover drug agent pays the entire cost of the	318
training and certification;	319

(9)(a) The requirements for basic training programs for	320
bailiffs and deputy bailiffs of courts of record of this state and	321
for criminal investigators employed by the state public defender	322
that those persons shall complete before they may carry a firearm	323
while on duty;	324

(b) The requirements for any training received by a bailiff	325
or deputy bailiff of a court of record of this state or by a	326
criminal investigator employed by the state public defender prior	327
to June 6, 1986, that is to be considered equivalent to the	328
training described in division (A)(9)(a) of this section.	329

(10) Establishing minimum qualifications and requirements for	330
certification for dogs utilized by law enforcement agencies;	331

(11) Establishing minimum requirements for certification of	332
persons who are employed as correction officers in a full-service	333
jail, five-day facility, or eight-hour holding facility or who	334
provide correction services in such a jail or facility;	335

(12) Establishing requirements for the training of agents of	336
a county humane society under section 1717.06 of the Revised Code,	337
including, without limitation, a requirement that the agents	338
receive instruction on traditional animal husbandry methods and	339
training techniques, including customary owner-performed	340
practices.	341

(B) The commission shall appoint an executive director, with	342
the approval of the attorney general, who shall hold office during	343
the pleasure of the commission. The executive director shall	344
perform such duties assigned by the commission. The executive	345
director shall receive a salary fixed pursuant to Chapter 124. of	346
the Revised Code and reimbursement for expenses within the amounts	347
available by appropriation. The executive director may appoint	348
officers, employees, agents, and consultants as the executive	349
director considers necessary, prescribe their duties, and provide	350
for reimbursement of their expenses within the amounts available	351
for reimbursement by appropriation and with the approval of the	352
commission.	353

354

(1) Recommend studies, surveys, and reports to be made by the	355
executive director regarding the carrying out of the objectives	356
and purposes of sections 109.71 to 109.77 of the Revised Code;	357

(2) Visit and inspect any peace officer training school that	358
has been approved by the executive director or for which	359
application for approval has been made;	360

(3) Make recommendations, from time to time, to the executive	361
director, the attorney general, and the general assembly regarding	362
the carrying out of the purposes of sections 109.71 to 109.77 of	363
the Revised Code;	364

(4) Report to the attorney general from time to time, and to	365
the governor and the general assembly at least annually,	366
concerning the activities of the commission;	367

(5) Establish fees for the services the commission offers	368
under sections 109.71 to 109.79 of the Revised Code, including,	369
but not limited to, fees for training, certification, and testing;	370

(6) Perform such other acts as are necessary or appropriate	371
to carry out the powers and duties of the commission as set forth	372
in sections 109.71 to 109.77 of the Revised Code.	373

(D) In establishing the requirements, under division (A)(12)	374
of this section, the commission may consider any portions of the	375
curriculum for instruction on the topic of animal husbandry	376
practices, if any, of the Ohio state university college of	377
veterinary medicine. No person or entity that fails to provide	378
instruction on traditional animal husbandry methods and training	379
techniques, including customary owner-performed practices, shall	380
qualify to train a humane agent for appointment under section	381
1717.06 of the Revised Code.	382

Sec. 109.741. The attorney general shall adopt, in	383
accordance with Chapter 119. or pursuant to section 109.74 of the	384
Revised Code, rules governing the training of peace officers in	385
the handling of missing children, missing persons, and ~~child abuse~~	386
~~and neglect~~ cases of children in need of protective services. The	387
rules shall specify the amount of that training necessary for the	388
satisfactory completion of basic training programs at approved	389
peace officer training schools, other than the Ohio peace officer	390
training academy and the time within which a peace officer is	391
required to receive that training, if the peace officer is	392
appointed as a peace officer before receiving that training.	393

Sec. 109.77. (A) As used in this section, "felony" has the	394
same meaning as in section 109.511 of the Revised Code.	395

(B)(1) Notwithstanding any general, special, or local law or	396
charter to the contrary, and except as otherwise provided in this	397
section, no person shall receive an original appointment on a	398
permanent basis as any of the following unless the person	399
previously has been awarded a certificate by the executive	400
director of the Ohio peace officer training commission attesting	401
to the person's satisfactory completion of an approved state,	402
county, municipal, or department of natural resources peace	403
officer basic training program:	404

(a) A peace officer of any county, township, municipal	405
corporation, regional transit authority, or metropolitan housing	406
authority;	407

(b) A natural resources law enforcement staff officer, park	408
officer, forest officer, preserve officer, wildlife officer, or	409
state watercraft officer of the department of natural resources;	410

(c) An employee of a park district under section 511.232 or	411
1545.13 of the Revised Code;	412

(d) An employee of a conservancy district who is designated	413
pursuant to section 6101.75 of the Revised Code;	414

(e) A state university law enforcement officer;

415

(f) A special police officer employed by the department of	416
mental health pursuant to section 5119.14 of the Revised Code or	417
the department of developmental disabilities pursuant to section	418
5123.13 of the Revised Code;	419

(g) An enforcement agent of the department of public safety	420
whom the director of public safety designates under section	421
5502.14 of the Revised Code;	422

(h) A special police officer employed by a port authority	423
under section 4582.04 or 4582.28 of the Revised Code;	424

(i) A special police officer employed by a municipal	425
corporation at a municipal airport, or other municipal air	426
navigation facility, that has scheduled operations, as defined in	427
section 119.3 of Title 14 of the Code of Federal Regulations, 14	428
C.F.R. 119.3, as amended, and that is required to be under a	429
security program and is governed by aviation security rules of the	430
transportation security administration of the United States	431
department of transportation as provided in Parts 1542. and 1544.	432
of Title 49 of the Code of Federal Regulations, as amended.	433

(2) Every person who is appointed on a temporary basis or for	434
a probationary term or on other than a permanent basis as any of	435
the following shall forfeit the appointed position unless the	436
person previously has completed satisfactorily or, within the time	437
prescribed by rules adopted by the attorney general pursuant to	438
section 109.74 of the Revised Code, satisfactorily completes a	439
state, county, municipal, or department of natural resources peace	440
officer basic training program for temporary or probationary	441
officers and is awarded a certificate by the director attesting to	442
the satisfactory completion of the program:	443

(a) A peace officer of any county, township, municipal	444
corporation, regional transit authority, or metropolitan housing	445
authority;	446

(b) A natural resources law enforcement staff officer, park	447
officer, forest officer, preserve officer, wildlife officer, or	448
state watercraft officer of the department of natural resources;	449

(c) An employee of a park district under section 511.232 or	450
1545.13 of the Revised Code;	451

(d) An employee of a conservancy district who is designated	452
pursuant to section 6101.75 of the Revised Code;	453

(e) A special police officer employed by the department of	454
mental health pursuant to section 5119.14 of the Revised Code or	455
the department of developmental disabilities pursuant to section	456
5123.13 of the Revised Code;	457

(f) An enforcement agent of the department of public safety	458
whom the director of public safety designates under section	459
5502.14 of the Revised Code;	460

(g) A special police officer employed by a port authority	461
under section 4582.04 or 4582.28 of the Revised Code;	462

(h) A special police officer employed by a municipal	463
corporation at a municipal airport, or other municipal air	464
navigation facility, that has scheduled operations, as defined in	465
section 119.3 of Title 14 of the Code of Federal Regulations, 14	466
C.F.R. 119.3, as amended, and that is required to be under a	467
security program and is governed by aviation security rules of the	468
transportation security administration of the United States	469
department of transportation as provided in Parts 1542. and 1544.	470
of Title 49 of the Code of Federal Regulations, as amended.	471

(3) For purposes of division (B) of this section, a state,	472
county, municipal, or department of natural resources peace	473
officer basic training program, regardless of whether the program	474
is to be completed by peace officers appointed on a permanent or	475
temporary, probationary, or other nonpermanent basis, shall	476
include training in the handling of the offense of domestic	477
violence, other types of domestic violence-related offenses and	478
incidents, and protection orders and consent agreements issued or	479
approved under section 2919.26 or 3113.31 of the Revised Code and	480
crisis intervention training. The requirement to complete	481
training in the handling of the offense of domestic violence,	482
other types of domestic violence-related offenses and incidents,	483
and protection orders and consent agreements issued or approved	484
under section 2919.26 or 3113.31 of the Revised Code does not	485
apply to any person serving as a peace officer on March 27, 1979,	486
and the requirement to complete training in crisis intervention	487
does not apply to any person serving as a peace officer on April	488
4, 1985. Any person who is serving as a peace officer on April 4,	489
1985, who terminates that employment after that date, and who	490
subsequently is hired as a peace officer by the same or another	491
law enforcement agency shall complete training in crisis	492
intervention as prescribed by rules adopted by the attorney	493
general pursuant to section 109.742 of the Revised Code. No peace	494
officer shall have employment as a peace officer terminated and	495
then be reinstated with intent to circumvent this section.	496

(4) Division (B) of this section does not apply to any person	497
serving on a permanent basis on March 28, 1985, as a park officer,	498
forest officer, preserve officer, wildlife officer, or state	499
watercraft officer of the department of natural resources or as an	500
employee of a park district under section 511.232 or 1545.13 of	501
the Revised Code, to any person serving on a permanent basis on	502
March 6, 1986, as an employee of a conservancy district designated	503
pursuant to section 6101.75 of the Revised Code, to any person	504
serving on a permanent basis on January 10, 1991, as a preserve	505
officer of the department of natural resources, to any person	506
employed on a permanent basis on July 2, 1992, as a special police	507
officer by the department of mental health pursuant to section	508
5119.14 of the Revised Code or by the department of developmental	509
disabilities pursuant to section 5123.13 of the Revised Code, to	510
any person serving on a permanent basis on May 17, 2000, as a	511
special police officer employed by a port authority under	512
section 4582.04 or 4582.28 of the Revised Code, to any person	513
serving on a permanent basis on March 19, 2003, as a special	514
police officer employed by a municipal corporation at a municipal	515
airport or other municipal air navigation facility described in	516
division (A)(19) of section 109.71 of the Revised Code, to any	517
person serving on a permanent basis on June 19, 1978, as a state	518
university law enforcement officer pursuant to section 3345.04 of	519
the Revised Code and who, immediately prior to June 19, 1978, was	520
serving as a special police officer designated under authority of	521
that section, or to any person serving on a permanent basis on	522
September 20, 1984, as a liquor control investigator, known after	523
June 30, 1999, as an enforcement agent of the department of	524
public safety, engaged in the enforcement of Chapters 4301. and	525
4303. of the Revised Code.	526

(5) Division (B) of this section does not apply to any person	527
who is appointed as a regional transit authority police officer	528
pursuant to division (Y) of section 306.35 of the Revised Code if,	529
on or before July 1, 1996, the person has completed satisfactorily	530
an approved state, county, municipal, or department of natural	531
resources peace officer basic training program and has been	532
awarded a certificate by the executive director of the Ohio peace	533
officer training commission attesting to the person's satisfactory	534
completion of such an approved program and if, on July 1, 1996,	535
the person is performing peace officer functions for a regional	536
transit authority.	537

(C) No person, after September 20, 1984, shall receive an	538
original appointment on a permanent basis as a veterans' home	539
police officer designated under section 5907.02 of the Revised	540
Code unless the person previously has been awarded a certificate	541
by the executive director of the Ohio peace officer training	542
commission attesting to the person's satisfactory completion of an	543
approved police officer basic training program. Every person who	544
is appointed on a temporary basis or for a probationary term or on	545
other than a permanent basis as a veterans' home police officer	546
designated under section 5907.02 of the Revised Code shall forfeit	547
that position unless the person previously has completed	548
satisfactorily or, within one year from the time of appointment,	549
satisfactorily completes an approved police officer basic training	550
program.	551

(D) No bailiff or deputy bailiff of a court of record of this	552
state and no criminal investigator who is employed by the state	553
public defender shall carry a firearm, as defined in section	554
2923.11 of the Revised Code, while on duty unless the bailiff,	555
deputy bailiff, or criminal investigator has done or received one	556
of the following:	557

(1) Has been awarded a certificate by the executive director	558
of the Ohio peace officer training commission, which certificate	559
attests to satisfactory completion of an approved state, county,	560
or municipal basic training program for bailiffs and deputy	561
bailiffs of courts of record and for criminal investigators	562
employed by the state public defender that has been recommended by	563
the Ohio peace officer training commission;	564

(2) Has successfully completed a firearms training program	565
approved by the Ohio peace officer training commission prior to	566
employment as a bailiff, deputy bailiff, or criminal investigator;	567

(3) Prior to June 6, 1986, was authorized to carry a firearm	568
by the court that employed the bailiff or deputy bailiff or, in	569
the case of a criminal investigator, by the state public defender	570
and has received training in the use of firearms that the Ohio	571
peace officer training commission determines is equivalent to the	572
training that otherwise is required by division (D) of this	573
section.	574

(E)(1) Before a person seeking a certificate completes an	575
approved peace officer basic training program, the executive	576
director of the Ohio peace officer training commission shall	577
request the person to disclose, and the person shall disclose, any	578
previous criminal conviction of or plea of guilty of that person	579
to a felony.	580

(2) Before a person seeking a certificate completes an	581
approved peace officer basic training program, the executive	582
director shall request a criminal history records check on the	583
person. The executive director shall submit the person's	584
fingerprints to the bureau of criminal identification and	585
investigation, which shall submit the fingerprints to the federal	586
bureau of investigation for a national criminal history records	587
check.	588

Upon receipt of the executive director's request, the bureau	589
of criminal identification and investigation and the federal	590
bureau of investigation shall conduct a criminal history records	591
check on the person and, upon completion of the check, shall	592
provide a copy of the criminal history records check to the	593
executive director. The executive director shall not award any	594
certificate prescribed in this section unless the executive	595
director has received a copy of the criminal history records check	596
on the person to whom the certificate is to be awarded.	597

(3) The executive director of the commission shall not award	598
a certificate prescribed in this section to a person who has been	599
convicted of or has pleaded guilty to a felony or who fails to	600
disclose any previous criminal conviction of or plea of guilty to	601
a felony as required under division (E)(1) of this section.	602

(4) The executive director of the commission shall revoke the	603
certificate awarded to a person as prescribed in this section, and	604
that person shall forfeit all of the benefits derived from being	605
certified as a peace officer under this section, if the person,	606
before completion of an approved peace officer basic training	607
program, failed to disclose any previous criminal conviction of or	608
plea of guilty to a felony as required under division (E)(1) of	609
this section.	610

(F)(1) Regardless of whether the person has been awarded the	611
certificate or has been classified as a peace officer prior to,	612
on, or after October 16, 1996, the executive director of the Ohio	613
peace officer training commission shall revoke any certificate	614
that has been awarded to a person as prescribed in this section if	615
the person does either of the following:	616

(a) Pleads guilty to a felony committed on or after January	617
1, 1997;	618

(b) Pleads guilty to a misdemeanor committed on or after	619
January 1, 1997, pursuant to a negotiated plea agreement as	620
provided in division (D) of section 2929.43 of the Revised Code in	621
which the person agrees to surrender the certificate awarded to	622
the person under this section.	623

(2) The executive director of the commission shall suspend	624
any certificate that has been awarded to a person as prescribed in	625
this section if the person is convicted, after trial, of a felony	626
committed on or after January 1, 1997. The executive director	627
shall suspend the certificate pursuant to division (F)(2) of this	628
section pending the outcome of an appeal by the person from that	629
conviction to the highest court to which the appeal is taken or	630
until the expiration of the period in which an appeal is required	631
to be filed. If the person files an appeal that results in that	632
person's acquittal of the felony or conviction of a misdemeanor,	633
or in the dismissal of the felony charge against that person, the	634
executive director shall reinstate the certificate awarded to the	635
person under this section. If the person files an appeal from that	636
person's conviction of the felony and the conviction is upheld by	637
the highest court to which the appeal is taken or if the person	638
does not file a timely appeal, the executive director shall revoke	639
the certificate awarded to the person under this section.	640

(G)(1) If a person is awarded a certificate under this	641
section and the certificate is revoked pursuant to division (E)(4)	642
or (F) of this section, the person shall not be eligible to	643
receive, at any time, a certificate attesting to the person's	644
satisfactory completion of a peace officer basic training program.	645

(2) The revocation or suspension of a certificate under	646
division (E)(4) or (F) of this section shall be in accordance with	647
Chapter 119. of the Revised Code.	648

(H)(1) A person who was employed as a peace officer of a	649
county, township, or municipal corporation of the state on January	650
1, 1966, and who has completed at least sixteen years of full-time	651
active service as such a peace officer, or equivalent service as	652
determined by the executive director of the Ohio peace officer	653
training commission, may receive an original appointment on a	654
permanent basis and serve as a peace officer of a county,	655
township, or municipal corporation, or as a state university law	656
enforcement officer, without complying with the requirements of	657
division (B) of this section.	658

(2) Any person who held an appointment as a state highway	659
trooper on January 1, 1966, may receive an original appointment on	660
a permanent basis and serve as a peace officer of a county,	661
township, or municipal corporation, or as a state university law	662
enforcement officer, without complying with the requirements of	663
division (B) of this section.	664

(I) No person who is appointed as a peace officer of a	665
county, township, or municipal corporation on or after April 9,	666
1985, shall serve as a peace officer of that county, township, or	667
municipal corporation unless the person has received training in	668
the handling of missing children and ~~child abuse and neglect~~ cases	669
of children in need of protective services from an approved state,	670
county, township, or municipal police officer basic training	671
program or receives the training within the time prescribed by	672
rules adopted by the attorney general pursuant to section 109.741	673
of the Revised Code.	674

(J) No part of any approved state, county, or municipal basic	675
training program for bailiffs and deputy bailiffs of courts of	676
record and no part of any approved state, county, or municipal	677
basic training program for criminal investigators employed by the	678
state public defender shall be used as credit toward the	679
completion by a peace officer of any part of the approved state,	680
county, or municipal peace officer basic training program that the	681
peace officer is required by this section to complete	682
satisfactorily.	683

(K) This section does not apply to any member of the police	684
department of a municipal corporation in an adjoining state	685
serving in this state under a contract pursuant to section 737.04	686
of the Revised Code.	687

Sec. 109.79. (A) The Ohio peace officer training commission	688
shall establish and conduct a training school for law enforcement	689
officers of any political subdivision of the state or of the state	690
public defender's office. The school shall be known as the Ohio	691
peace officer training academy. No bailiff or deputy bailiff of a	692
court of record of this state and no criminal investigator	693
employed by the state public defender shall be permitted to attend	694
the academy for training unless the employing court of the bailiff	695
or deputy bailiff or the state public defender, whichever is	696
applicable, has authorized the bailiff, deputy bailiff, or	697
investigator to attend the academy.	698

The Ohio peace officer training commission shall develop the	699
training program, which shall include courses in both the civil	700
and criminal functions of law enforcement officers, a course in	701
crisis intervention with six or more hours of training, and	702
training in the handling of missing children and ~~child abuse and~~	703
~~neglect~~ cases of children in need of protective services, and	704
shall establish rules governing qualifications for admission to	705
the academy. The commission may require competitive examinations	706
to determine fitness of prospective trainees, so long as the	707
examinations or other criteria for admission to the academy are	708
consistent with the provisions of Chapter 124. of the Revised	709
Code.	710

The Ohio peace officer training commission shall determine	711
tuition costs sufficient in the aggregate to pay the costs of	712
operating the academy. The costs of acquiring and equipping the	713
academy shall be paid from appropriations made by the general	714
assembly to the Ohio peace officer training commission for that	715
purpose, from gifts or grants received for that purpose, or from	716
fees for goods related to the academy.	717

The law enforcement officers, during the period of their	718
training, shall receive compensation as determined by the	719
political subdivision that sponsors them or, if the officer is a	720
criminal investigator employed by the state public defender, as	721
determined by the state public defender. The political subdivision	722
may pay the tuition costs of the law enforcement officers they	723
sponsor and the state public defender may pay the tuition costs of	724
criminal investigators of that office who attend the academy.	725

If trainee vacancies exist, the academy may train and issue	726
certificates of satisfactory completion to peace officers who are	727
employed by a campus police department pursuant to section 1713.50	728
of the Revised Code, by a qualified nonprofit corporation police	729
department pursuant to section 1702.80 of the Revised Code, or by	730
a railroad company, who are amusement park police officers	731
appointed and commissioned by a judge of the appropriate municipal	732
court or county court pursuant to section 4973.17 of the Revised	733
Code, or who are bank, savings and loan association, savings bank,	734
credit union, or association of banks, savings and loan	735
associations, savings banks, or credit unions, or hospital police	736
officers appointed and commissioned by the secretary of state	737
pursuant to sections 4973.17 to 4973.22 of the Revised Code,	738
provided that no such officer shall be trained at the academy	739
unless the officer meets the qualifications established for	740
admission to the academy and the qualified nonprofit corporation	741
police department; bank, savings and loan association, savings	742
bank, credit union, or association of banks, savings and loan	743
associations, savings banks, or credit unions; railroad company;	744
hospital; or amusement park or the private college or university	745
that established the campus police department prepays the entire	746
cost of the training. A qualified nonprofit corporation police	747
department; bank, savings and loan association, savings bank,	748
credit union, or association of banks, savings and loan	749
associations, savings banks, or credit unions; railroad company;	750
hospital; or amusement park or a private college or university	751
that has established a campus police department is not entitled to	752
reimbursement from the state for any amount paid for the cost of	753
training the bank, savings and loan association, savings bank,	754
credit union, or association of banks, savings and loan	755
associations, savings banks, or credit unions peace officers; the	756
railroad company's peace officers; or the peace officers of the	757
qualified nonprofit corporation police department, campus police	758
department, hospital, or amusement park.	759

The academy shall permit investigators employed by the state	760
medical board to take selected courses that the board determines	761
are consistent with its responsibilities for initial and	762
continuing training of investigators as required under sections	763
4730.26 and 4731.05 of the Revised Code. The board shall pay the	764
entire cost of training that investigators receive at the academy.	765

(B) As used in this section:

766

(1) "Law enforcement officers" include any undercover drug	767
agent, any bailiff or deputy bailiff of a court of record, and any	768
criminal investigator who is employed by the state public	769
defender.	770

(2) "Undercover drug agent" means any person who:

771

(a) Is employed by a county, township, or municipal	772
corporation for the purposes set forth in division (B)(2)(b) of	773
this section but who is not an employee of a county sheriff's	774
department, of a township constable, or of the police department	775
of a municipal corporation or township;	776

(b) In the course of the person's employment by a county,	777
township, or municipal corporation, investigates and gathers	778
information pertaining to persons who are suspected of violating	779
Chapter 2925. or 3719. of the Revised Code, and generally does not	780
wear a uniform in the performance of the person's duties.	781

(3) "Crisis intervention training" has the same meaning as in	782
section 109.71 of the Revised Code.	783

(4) "Missing children" has the same meaning as in section	784
2901.30 of the Revised Code.	785

Sec. 109.93. The attorney general education fund is hereby	786
created in the state treasury. The fund shall consist of gifts	787
and grants received by the attorney general for the purposes of	788
the fund. The fund shall be administered by the attorney general	789
and shall be used to support various educational programs. These	790
educational programs may include programs for consumer	791
protection, victims of crime, environmental protection, drug	792
abuse, ~~child abuse~~children in need of protective services, peace	793
officer training, crime prevention, and law. The fund may also	794
be used to pay costs associated with the solicitation of gifts	795
and grants for the purposes of the fund, and the costs of	796
administering the fund. The fund shall not be used to replace	797
money spent by local programs for similar purposes.	798

Sec. 121.37. (A)(1) There is hereby created the Ohio family	799
and children first cabinet council. The council shall be composed	800
of the superintendent of public instruction and the directors of	801
youth services, job and family services, mental health, health,	802
alcohol and drug addiction services, developmental disabilities,	803
aging, rehabilitation and correction, and budget and management.	804
The chairperson of the council shall be the governor or the	805
governor's designee and shall establish procedures for the	806
council's internal control and management.	807

The purpose of the cabinet council is to help families	808
seeking government services. This section shall not be interpreted	809
or applied to usurp the role of parents, but solely to streamline	810
and coordinate existing government services for families seeking	811
assistance for their children.	812

(2) In seeking to fulfill its purpose, the council may do any	813
of the following:	814

(a) Advise and make recommendations to the governor and	815
general assembly regarding the provision of services to children;	816

(b) Advise and assess local governments on the coordination	817
of service delivery to children;	818

(c) Hold meetings at such times and places as may be	819
prescribed by the council's procedures and maintain records of the	820
meetings, except that records identifying individual children are	821
confidential and shall be disclosed only as provided by law;	822

(d) Develop programs and projects, including pilot projects,	823
to encourage coordinated efforts at the state and local level to	824
improve the state's social service delivery system;	825

(e) Enter into contracts with and administer grants to county	826
family and children first councils, as well as other county or	827
multicounty organizations to plan and coordinate service delivery	828
between state agencies and local service providers for families	829
and children;	830

(f) Enter into contracts with and apply for grants from	831
federal agencies or private organizations;	832

(g) Enter into interagency agreements to encourage	833
coordinated efforts at the state and local level to improve the	834
state's social service delivery system. The agreements may include	835
provisions regarding the receipt, transfer, and expenditure of	836
funds;	837

(h) Identify public and private funding sources for services	838
provided to alleged or adjudicated unruly children and children	839
who are at risk of being alleged or adjudicated unruly children,	840
including regulations governing access to and use of the services;	841

(i) Collect information provided by local communities	842
regarding successful programs for prevention, intervention, and	843
treatment of unruly behavior, including evaluations of the	844
programs;	845

(j) Identify and disseminate publications regarding alleged	846
or adjudicated unruly children and children who are at risk of	847
being alleged or adjudicated unruly children and regarding	848
programs serving those types of children;	849

(k) Maintain an inventory of strategic planning facilitators	850
for use by government or nonprofit entities that serve alleged or	851
adjudicated unruly children or children who are at risk of being	852
alleged or adjudicated unruly children.	853

(3) The cabinet council shall provide for the following:

854

(a) Reviews of service and treatment plans for children for	855
which such reviews are requested;	856

(b) Assistance as the council determines to be necessary to	857
meet the needs of children referred by county family and children	858
first councils;	859

(c) Monitoring and supervision of a statewide, comprehensive,	860
coordinated, multi-disciplinary, interagency system for infants	861
and toddlers with developmental disabilities or delays and their	862
families, as established pursuant to federal grants received and	863
administered by the department of health for early intervention	864
services under the "Individuals with Disabilities Education Act of	865
2004," 20 U.S.C.A. 1400, as amended.	866

(4) The cabinet council shall develop and implement the	867
following:	868

(a) An interagency process to select the indicators that will	869
be used to measure progress toward increasing child well-being in	870
the state and to update the indicators on an annual basis. The	871
indicators shall focus on expectant parents and newborns thriving;	872
infants and toddlers thriving; children being ready for school;	873
children and youth succeeding in school; youth choosing healthy	874
behaviors; and youth successfully transitioning into adulthood.	875

(b) An interagency system to offer guidance and monitor	876
progress toward increasing child well-being in the state and in	877
each county;	878

(c) An annual plan that identifies state-level agency efforts	879
taken to ensure progress towards increasing child well-being in	880
the state.	881

On an annual basis, the cabinet council shall submit to the	882
governor and the general assembly a report on the status of	883
efforts to increase child well-being in the state. This report	884
shall be made available to any other person on request.	885

(B)(1) Each board of county commissioners shall establish a	886
county family and children first council. The board may invite any	887
local public or private agency or group that funds, advocates, or	888
provides services to children and families to have a	889
representative become a permanent or temporary member of its	890
county council. Each county council must include the following	891
individuals:	892

(a) At least three individuals who are not employed by an	893
agency represented on the council and whose families are or have	894
received services from an agency represented on the council or	895
another county's council. Where possible, the number of members	896
representing families shall be equal to twenty per cent of the	897
council's membership.	898

(b) The director of the board of alcohol, drug addiction, and	899
mental health services that serves the county, or, in the case of	900
a county that has a board of alcohol and drug addiction services	901
and a community mental health board, the directors of both boards.	902
If a board of alcohol, drug addiction, and mental health services	903
covers more than one county, the director may designate a person	904
to participate on the county's council.	905

(c) The health commissioner, or the commissioner's designee,	906
of the board of health of each city and general health district in	907
the county. If the county has two or more health districts, the	908
health commissioner membership may be limited to the commissioners	909
of the two districts with the largest populations.	910

(d) The director of the county department of job and family	911
services;	912

(e) The executive director of the public children services	913
agency;	914

(f) The superintendent of the county board of developmental	915
disabilities;	916

(g) The superintendent of the city, exempted village, or	917
local school district with the largest number of pupils residing	918
in the county, as determined by the department of education, which	919
shall notify each board of county commissioners of its	920
determination at least biennially;	921

(h) A school superintendent representing all other school	922
districts with territory in the county, as designated at a	923
biennial meeting of the superintendents of those districts;	924

(i) A representative of the municipal corporation with the	925
largest population in the county;	926

(j) The president of the board of county commissioners or an	927
individual designated by the board;	928

(k) A representative of the regional office of the department	929
of youth services;	930

(l) A representative of the county's head start agencies, as	931
defined in section 3301.32 of the Revised Code;	932

(m) A representative of the county's early intervention	933
collaborative established pursuant to the federal early	934
intervention program operated under the "Individuals with	935
Disabilities Education Act of 2004";	936

(n) A representative of a local nonprofit entity that funds,	937
advocates, or provides services to children and families.	938

Notwithstanding any other provision of law, the public	939
members of a county council are not prohibited from serving on the	940
council and making decisions regarding the duties of the council,	941
including those involving the funding of joint projects and those	942
outlined in the county's service coordination mechanism	943
implemented pursuant to division (C) of this section.	944

The cabinet council shall establish a state appeals process	945
to resolve disputes among the members of a county council	946
concerning whether reasonable responsibilities as members are	947
being shared. The appeals process may be accessed only by a	948
majority vote of the council members who are required to serve on	949
the council. Upon appeal, the cabinet council may order that state	950
funds for services to children and families be redirected to a	951
county's board of county commissioners.	952

The county's juvenile court judge senior in service or	953
another judge of the juvenile court designated by the	954
administrative judge or, where there is no administrative judge,	955
by the judge senior in service shall serve as the judicial advisor	956
to the county family and children first council. The judge may	957
advise the county council on the court's utilization of resources,	958
services, or programs provided by the entities represented by the	959
members of the county council and how those resources, services,	960
or programs assist the court in its administration of justice.	961
Service of a judge as a judicial advisor pursuant to this section	962
is a judicial function.	963

(2) The purpose of the county council is to streamline and	964
coordinate existing government services for families seeking	965
services for their children. In seeking to fulfill its purpose, a	966
county council shall provide for the following:	967

(a) Referrals to the cabinet council of those children for	968
whom the county council cannot provide adequate services;	969

(b) Development and implementation of a process that annually	970
evaluates and prioritizes services, fills service gaps where	971
possible, and invents new approaches to achieve better results for	972
families and children;	973

(c) Participation in the development of a countywide,	974
comprehensive, coordinated, multi-disciplinary, interagency system	975
for infants and toddlers with developmental disabilities or delays	976
and their families, as established pursuant to federal grants	977
received and administered by the department of health for early	978
intervention services under the "Individuals with Disabilities	979
Education Act of 2004";	980

(d) Maintenance of an accountability system to monitor the	981
county council's progress in achieving results for families and	982
children;	983

(e) Establishment of a mechanism to ensure ongoing input from	984
a broad representation of families who are receiving services	985
within the county system.	986

(3) A county council shall develop and implement the	987
following:	988

(a) An interagency process to establish local indicators and	989
monitor the county's progress toward increasing child well-being	990
in the county;	991

(b) An interagency process to identify local priorities to	992
increase child well-being. The local priorities shall focus on	993
expectant parents and newborns thriving; infants and toddlers	994
thriving; children being ready for school; children and youth	995
succeeding in school; youth choosing healthy behaviors; and youth	996
successfully transitioning into adulthood and take into account	997
the indicators established by the cabinet council under division	998
(A)(4)(a) of this section.	999

(c) An annual plan that identifies the county's interagency	1000
efforts to increase child well-being in the county.	1001

On an annual basis, the county council shall submit a report	1002
on the status of efforts by the county to increase child	1003
well-being in the county to the county's board of county	1004
commissioners and the cabinet council. This report shall be made	1005
available to any other person on request.	1006

(4)(a) Except as provided in division (B)(4)(b) of this	1007
section, a county council shall comply with the policies,	1008
procedures, and activities prescribed by the rules or interagency	1009
agreements of a state department participating on the cabinet	1010
council whenever the county council performs a function subject to	1011
those rules or agreements.	1012

(b) On application of a county council, the cabinet council	1013
may grant an exemption from any rules or interagency agreements of	1014
a state department participating on the council if an exemption is	1015
necessary for the council to implement an alternative program or	1016
approach for service delivery to families and children. The	1017
application shall describe the proposed program or approach and	1018
specify the rules or interagency agreements from which an	1019
exemption is necessary. The cabinet council shall approve or	1020
disapprove the application in accordance with standards and	1021
procedures it shall adopt. If an application is approved, the	1022
exemption is effective only while the program or approach is being	1023
implemented, including a reasonable period during which the	1024
program or approach is being evaluated for effectiveness.	1025

(5)(a) Each county council shall designate an administrative	1026
agent for the council from among the following public entities:	1027
the board of alcohol, drug addiction, and mental health services,	1028
including a board of alcohol and drug addiction or a community	1029
mental health board if the county is served by separate boards;	1030
the board of county commissioners; any board of health of the	1031
county's city and general health districts; the county department	1032
of job and family services; the county agency responsible for the	1033
administration of children services pursuant to section 5153.15 of	1034
the Revised Code; the county board of developmental disabilities;	1035
any of the county's boards of education or governing boards of	1036
educational service centers; or the county's juvenile court. Any	1037
of the foregoing public entities, other than the board of county	1038
commissioners, may decline to serve as the council's	1039
administrative agent.	1040

A county council's administrative agent shall serve as the	1041
council's appointing authority for any employees of the council.	1042
The council shall file an annual budget with its administrative	1043
agent, with copies filed with the county auditor and with the	1044
board of county commissioners, unless the board is serving as the	1045
council's administrative agent. The council's administrative agent	1046
shall ensure that all expenditures are handled in accordance with	1047
policies, procedures, and activities prescribed by state	1048
departments in rules or interagency agreements that are applicable	1049
to the council's functions.	1050

The administrative agent of a county council shall send	1051
notice of a member's absence if a member listed in division (B)(1)	1052
of this section has been absent from either three consecutive	1053
meetings of the county council or a county council subcommittee,	1054
or from one-quarter of such meetings in a calendar year, whichever	1055
is less. The notice shall be sent to the board of county	1056
commissioners that establishes the county council and, for the	1057
members listed in divisions (B)(1)(b), (c), (e), and (l) of this	1058
section, to the governing board overseeing the respective entity;	1059
for the member listed in division (B)(1)(f) of this section, to	1060
the county board of developmental disabilities that employs the	1061
superintendent; for a member listed in division (B)(1)(g) or (h)	1062
of this section, to the school board that employs the	1063
superintendent; for the member listed in division (B)(1)(i) of	1064
this section, to the mayor of the municipal corporation; for the	1065
member listed in division (B)(1)(k) of this section, to the	1066
director of youth services; and for the member listed in division	1067
(B)(1)(n) of this section, to that member's board of trustees.	1068

The administrative agent for a county council may do any of	1069
the following on behalf of the council:	1070

(i) Enter into agreements or administer contracts with public	1071
or private entities to fulfill specific council business. Such	1072
agreements and contracts are exempt from the competitive bidding	1073
requirements of section 307.86 of the Revised Code if they have	1074
been approved by the county council and they are for the purchase	1075
of family and child welfare or child protection services or other	1076
social or job and family services for families and children. The	1077
approval of the county council is not required to exempt	1078
agreements or contracts entered into under section 5139.34,	1079
5139.41, or 5139.43 of the Revised Code from the competitive	1080
bidding requirements of section 307.86 of the Revised Code.	1081

(ii) As determined by the council, provide financial	1082
stipends, reimbursements, or both, to family representatives for	1083
expenses related to council activity;	1084

(iii) Receive by gift, grant, devise, or bequest any moneys,	1085
lands, or other property for the purposes for which the council is	1086
established. The agent shall hold, apply, and dispose of the	1087
moneys, lands, or other property according to the terms of the	1088
gift, grant, devise, or bequest. Any interest or earnings shall be	1089
treated in the same manner and are subject to the same terms as	1090
the gift, grant, devise, or bequest from which it accrues.	1091

(b)(i) If the county council designates the board of county	1092
commissioners as its administrative agent, the board may, by	1093
resolution, delegate any of its powers and duties as	1094
administrative agent to an executive committee the board	1095
establishes from the membership of the county council. The board	1096
shall name to the executive committee at least the individuals	1097
described in divisions (B)(1)(b) to (h) of this section and may	1098
appoint the president of the board or another individual as the	1099
chair of the executive committee. The executive committee must	1100
include at least one family county council representative who does	1101
not have a family member employed by an agency represented on the	1102
council.	1103

(ii) The executive committee may, with the approval of the	1104
board, hire an executive director to assist the county council in	1105
administering its powers and duties. The executive director shall	1106
serve in the unclassified civil service at the pleasure of the	1107
executive committee. The executive director may, with the approval	1108
of the executive committee, hire other employees as necessary to	1109
properly conduct the county council's business.	1110

(iii) The board may require the executive committee to submit	1111
an annual budget to the board for approval and may amend or repeal	1112
the resolution that delegated to the executive committee its	1113
authority as the county council's administrative agent.	1114

(6) Two or more county councils may enter into an agreement	1115
to administer their county councils jointly by creating a regional	1116
family and children first council. A regional council possesses	1117
the same duties and authority possessed by a county council,	1118
except that the duties and authority apply regionally rather than	1119
to individual counties. Prior to entering into an agreement to	1120
create a regional council, the members of each county council to	1121
be part of the regional council shall meet to determine whether	1122
all or part of the members of each county council will serve as	1123
members of the regional council.	1124

(7) A board of county commissioners may approve a resolution	1125
by a majority vote of the board's members that requires the	1126
county council to submit a statement to the board each time the	1127
council proposes to enter into an agreement, adopt a plan, or make	1128
a decision, other than a decision pursuant to section 121.38 of	1129
the Revised Code, that requires the expenditure of funds for two	1130
or more families. The statement shall describe the proposed	1131
agreement, plan, or decision.	1132

Not later than fifteen days after the board receives the	1133
statement, it shall, by resolution approved by a majority of its	1134
members, approve or disapprove the agreement, plan, or decision.	1135
Failure of the board to pass a resolution during that time period	1136
shall be considered approval of the agreement, plan, or decision.	1137

An agreement, plan, or decision for which a statement is	1138
required to be submitted to the board shall be implemented only if	1139
it is approved by the board.	1140

(C) Each county shall develop a county service coordination	1141
mechanism. The county service coordination mechanism shall serve	1142
as the guiding document for coordination of services in the	1143
county. For children who also receive services under the help me	1144
grow program, the service coordination mechanism shall be	1145
consistent with rules adopted by the department of health under	1146
section 3701.61 of the Revised Code. All family service	1147
coordination plans shall be developed in accordance with the	1148
county service coordination mechanism. The mechanism shall be	1149
developed and approved with the participation of the county	1150
entities representing child welfare; mental retardation and	1151
developmental disabilities; alcohol, drug addiction, and mental	1152
health services; health; juvenile judges; education; the county	1153
family and children first council; and the county early	1154
intervention collaborative established pursuant to the federal	1155
early intervention program operated under the "Individuals with	1156
Disabilities Education Act of 2004." The county shall establish an	1157
implementation schedule for the mechanism. The cabinet council may	1158
monitor the implementation and administration of each county's	1159
service coordination mechanism.	1160

Each mechanism shall include all of the following:

1161

(1) A procedure for an agency, including a juvenile court, or	1162
a family voluntarily seeking service coordination, to refer the	1163
child and family to the county council for service coordination in	1164
accordance with the mechanism;	1165

(2) A procedure ensuring that a family and all appropriate	1166
staff from involved agencies, including a representative from the	1167
appropriate school district, are notified of and invited to	1168
participate in all family service coordination plan meetings;	1169

(3) A procedure that permits a family to initiate a meeting	1170
to develop or review the family's service coordination plan and	1171
allows the family to invite a family advocate, mentor, or support	1172
person of the family's choice to participate in any such meeting;	1173

(4) A procedure for ensuring that a family service	1174
coordination plan meeting is conducted for each child who receives	1175
service coordination under the mechanism and for whom an emergency	1176
out-of-home placement has been made or for whom a nonemergency	1177
out-of-home placement is being considered. The meeting shall be	1178
conducted within ten days of an emergency out-of-home placement.	1179
The meeting shall be conducted before a nonemergency out-of-home	1180
placement. The family service coordination plan shall outline how	1181
the county council members will jointly pay for services, where	1182
applicable, and provide services in the least restrictive	1183
environment.	1184

(5) A procedure for monitoring the progress and tracking the	1185
outcomes of each service coordination plan requested in the county	1186
including monitoring and tracking children in out-of-home	1187
placements to assure continued progress, appropriateness of	1188
placement, and continuity of care after discharge from placement	1189
with appropriate arrangements for housing, treatment, and	1190
education.	1191

(6) A procedure for protecting the confidentiality of all	1192
personal family information disclosed during service coordination	1193
meetings or contained in the comprehensive family service	1194
coordination plan.	1195

(7) A procedure for assessing the needs and strengths of any	1196
child or family that has been referred to the council for service	1197
coordination, including a child whose parent or custodian is	1198
voluntarily seeking services, and for ensuring that parents and	1199
custodians are afforded the opportunity to participate;	1200

(8) A procedure for development of a family service	1201
coordination plan described in division (D) of this section;	1202

(9) A local dispute resolution process to serve as the	1203
process that must be used first to resolve disputes among the	1204
agencies represented on the county council concerning the	1205
provision of services to children, including children who are	1206
~~abused, neglected, dependent,~~children in need of protective	1207
services or unruly, alleged unruly, or delinquent children and	1208
under the jurisdiction of the juvenile court and children whose	1209
parents or custodians are voluntarily seeking services. The local	1210
dispute resolution process shall comply with sections 121.38,	1211
121.381, and 121.382 of the Revised Code. The local dispute	1212
resolution process shall be used to resolve disputes between a	1213
child's parents or custodians and the county council regarding	1214
service coordination. The county council shall inform the	1215
parents or custodians of their right to use the dispute	1216
resolution process. Parents or custodians shall use existing	1217
local agency grievance procedures to address disputes not	1218
involving service coordination. The dispute resolution process is	1219
in addition to and does not replace other rights or procedures	1220
that parents or custodians may have under other sections of the	1221
Revised Code.	1222

The cabinet council shall adopt rules in accordance with	1223
Chapter 119. of the Revised Code establishing an administrative	1224
review process to address problems that arise concerning the	1225
operation of a local dispute resolution process.	1226

Nothing in division (C)(4) of this section shall be	1227
interpreted as overriding or affecting decisions of a juvenile	1228
court regarding an out-of-home placement, long-term placement, or	1229
emergency out-of-home placement.	1230

(D) Each county shall develop a family service coordination	1231
plan that does all of the following:	1232

(1) Designates service responsibilities among the various	1233
state and local agencies that provide services to children and	1234
their families, including children who are ~~abused, neglected,~~	1235
~~dependent,~~children in need of protective services, unruly	1236
children, or delinquent children and under the jurisdiction of the	1237
juvenile court and children whose parents or custodians are	1238
voluntarily seeking services;	1239

(2) Designates an individual, approved by the family, to	1240
track the progress of the family service coordination plan,	1241
schedule reviews as necessary, and facilitate the family service	1242
coordination plan meeting process;	1243

(3) Ensures that assistance and services to be provided are	1244
responsive to the strengths and needs of the family, as well as	1245
the family's culture, race, and ethnic group, by allowing the	1246
family to offer information and suggestions and participate in	1247
decisions. Identified assistance and services shall be provided in	1248
the least restrictive environment possible.	1249

(4) Includes a process for dealing with a child who is	1250
alleged to be an unruly child. The process shall include methods	1251
to divert the child from the juvenile court system;	1252

(5) Includes timelines for completion of goals specified in	1253
the plan with regular reviews scheduled to monitor progress toward	1254
those goals;	1255

(6) Includes a plan for dealing with short-term crisis	1256
situations and safety concerns.	1257

(E)(1) The process provided for under division (D)(4) of this	1258
section may include, but is not limited to, the following:	1259

(a) Designation of the person or agency to conduct the	1260
assessment of the child and the child's family as described in	1261
division (C)(7) of this section and designation of the instrument	1262
or instruments to be used to conduct the assessment;	1263

(b) An emphasis on the personal responsibilities of the child	1264
and the parental responsibilities of the parents, guardian, or	1265
custodian of the child;	1266

(c) Involvement of local law enforcement agencies and	1267
officials.	1268

(2) The method to divert a child from the juvenile court	1269
system that must be included in the service coordination process	1270
may include, but is not limited to, the following:	1271

(a) The preparation of a complaint under section 2151.27 of	1272
the Revised Code alleging that the child is an unruly child and	1273
notifying the child and the parents, guardian, or custodian that	1274
the complaint has been prepared to encourage the child and the	1275
parents, guardian, or custodian to comply with other methods to	1276
divert the child from the juvenile court system;	1277

(b) Conducting a meeting with the child, the parents,	1278
guardian, or custodian, and other interested parties to determine	1279
the appropriate methods to divert the child from the juvenile	1280
court system;	1281

(c) A method to provide to the child and the child's family a	1282
short-term respite from a short-term crisis situation involving a	1283
confrontation between the child and the parents, guardian, or	1284
custodian;	1285

(d) A program to provide a mentor to the child or the	1286
parents, guardian, or custodian;	1287

(e) A program to provide parenting education to the parents,	1288
guardian, or custodian;	1289

(f) An alternative school program for children who are truant	1290
from school, repeatedly disruptive in school, or suspended or	1291
expelled from school;	1292

(g) Other appropriate measures, including, but not limited	1293
to, any alternative methods to divert a child from the juvenile	1294
court system that are identified by the Ohio family and children	1295
first cabinet council.	1296

(F) Each county may review and revise the service	1297
coordination process described in division (D) of this section	1298
based on the availability of funds under Title IV-A of the "Social	1299
Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended,	1300
or to the extent resources are available from any other federal,	1301
state, or local funds.	1302

Sec. 121.38. (A) An agency represented on a county family	1303
and children first council that disagrees with the council's	1304
decision concerning the services or funding for services a child	1305
is to receive from agencies represented on the council may	1306
initiate the local dispute resolution process established in the	1307
county service coordination mechanism applicable to the council.	1308
On completion of the process, the decision maker designated in the	1309
mechanism shall issue a written determination that directs one or	1310
more agencies represented on the council to provide services or	1311
funding for services to the child. The determination shall include	1312
a plan of care governing the manner in which the services or	1313
funding are to be provided. The decision maker shall base the plan	1314
of care on the family service coordination plan developed as part	1315
of the county's service coordination mechanism and on evidence	1316
presented during the local dispute resolution process. The	1317
decision maker may require an agency to provide services or	1318
funding only if the child's condition or needs qualify the child	1319
for services under the laws governing the agency.	1320

(B) An agency subject to a determination issued pursuant to a	1321
local dispute resolution process shall immediately comply with the	1322
determination, unless the agency objects to the determination by	1323
doing one of the following not later than seven days after the	1324
date the written determination is issued:	1325

(1) If the child has been alleged or adjudicated to be a	1326
child in need of protective services, an ~~abused, neglected,~~	1327
~~dependent,~~ unruly, or delinquent child, or a juvenile traffic	1328
offender, filing in the juvenile court of the county having	1329
jurisdiction over the child's case a motion requesting that the	1330
court hold a hearing to determine which agencies are to provide	1331
services or funding for services to the child.	1332

(2) If the child is not a child described in division (B)(1)	1333
of this section, filing in the juvenile court of the county served	1334
by the county council a complaint objecting to the determination.	1335

The court shall hold a hearing as soon as possible, but not	1336
later than ninety days after the motion or complaint is filed. At	1337
least five days before the date on which the court hearing is to	1338
be held, the court shall send each agency subject to the	1339
determination written notice by first class mail of the date,	1340
time, place, and purpose of the court hearing. In the case of a	1341
motion filed under division (B)(1) of this section, the court may	1342
conduct the hearing as part of the adjudicatory or dispositional	1343
hearing concerning the child, if appropriate, and shall provide	1344
notice as required for those hearings.	1345

Except in cases in which the hearing is conducted as part of	1346
the adjudicatory or dispositional hearing, a hearing held pursuant	1347
to this division shall be limited to a determination of which	1348
agencies are to provide services or funding for services to the	1349
child. At the conclusion of the hearing, the court shall issue an	1350
order directing one or more agencies represented on the county	1351
council to provide services or funding for services to the child.	1352
The order shall include a plan of care governing the manner in	1353
which the services or funding are to be provided. The court shall	1354
base the plan of care on the family service coordination plan	1355
developed as part of the county's service coordination plan and on	1356
evidence presented during the hearing. An agency required by the	1357
order to provide services or funding shall be a party to any	1358
juvenile court proceeding concerning the child. The court may	1359
require an agency to provide services or funding for a child only	1360
if the child's condition or needs qualify the child for services	1361
under the laws governing the agency.	1362

(C) While the local dispute resolution process or court	1363
proceedings pursuant to this section are pending, each agency	1364
shall provide services and funding as required by the decision	1365
made by the county council before dispute resolution was	1366
initiated. If an agency that provides services or funds during the	1367
local dispute resolution process or court proceedings is	1368
determined through the process or proceedings not to be	1369
responsible for providing them, it shall be reimbursed for the	1370
costs of providing the services or funding by the agencies	1371
determined to be responsible for providing them.	1372

Sec. 307.021. (A) It is hereby declared to be a public	1373
purpose and function of the state, and a matter of urgent	1374
necessity, that the state acquire, construct, or renovate capital	1375
facilities for use as county, multicounty, municipal-county, and	1376
multicounty-municipal jail facilities or workhouses, as	1377
single-county or district community-based correctional facilities	1378
authorized under section 2301.51 of the Revised Code, as minimum	1379
security misdemeanant jails under sections 341.34 and 753.21 of	1380
the Revised Code, and as single-county or joint-county juvenile	1381
facilities authorized under section 2151.65 of the Revised Code in	1382
order to comply with constitutional standards and laws for the	1383
incarceration of alleged and convicted offenders against state and	1384
local laws, and for use as county family court centers. For these	1385
purposes, counties and municipal corporations are designated as	1386
state agencies to perform duties of the state in relation to such	1387
facilities, workhouses, jails, and centers, and such facilities,	1388
workhouses, jails, and centers are designated as state capital	1389
facilities. The Ohio building authority is authorized to issue	1390
revenue obligations under sections 152.09 to 152.33 of the Revised	1391
Code to pay all or part of the cost of such state capital	1392
facilities as are designated by law.	1393

The office of the sheriff, due to its responsibilities	1394
concerning alleged and convicted offenders against state laws, is	1395
designated as the state agency having jurisdiction over such jail,	1396
workhouse, community-based correctional, or county minimum	1397
security misdemeanant jail capital facilities in any one county or	1398
over any district community-based correctional facilities. The	1399
corrections commission, due to its responsibilities in relation to	1400
such offenders, is designated as the state agency having	1401
jurisdiction over any such multicounty, municipal-county, or	1402
multicounty-municipal jail, workhouse, or correctional capital	1403
facilities. The office of the chief of police or marshal of a	1404
municipal corporation, due to its responsibilities concerning	1405
certain alleged and convicted criminal offenders, is designated as	1406
the state agency having jurisdiction over any such municipal	1407
corporation minimum security misdemeanant jail capital facilities	1408
in the municipal corporation. The juvenile court, as defined in	1409
section ~~2151.011~~2151.03 of the Revised Code, is designated as the	1410
branch of state government having jurisdiction over any such	1411
family court center or single-county or joint-county juvenile	1412
capital facilities. It is hereby determined and declared that such	1413
capital facilities are for the purpose of housing such state	1414
agencies, their functions, equipment, and personnel.	1415

(B) The capital facilities provided for in this section may	1416
be included in capital facilities in which one or more	1417
governmental entities are participating or in which other	1418
facilities of the county or counties, or any municipal	1419
corporations, are included pursuant to section 152.31 or 152.33 of	1420
the Revised Code or in an agreement between any county or counties	1421
and any municipal corporation or municipal corporations for	1422
participating in the joint construction, acquisition, or	1423
improvement of public works, public buildings, or improvements	1424
benefiting the parties in the same manner as set forth in section	1425
153.61 of the Revised Code.	1426

(C) A county or counties or a municipal corporation or	1427
municipal corporations may contribute to the cost of capital	1428
facilities authorized under this section.	1429

(D) A county or counties, and any municipal corporations,	1430
shall lease capital facilities described in this section that are	1431
constructed, reconstructed, otherwise improved, or financed by the	1432
Ohio building authority pursuant to sections 152.09 to 152.33 of	1433
the Revised Code for the use of the county or counties and any	1434
municipal corporations, and may enter into other agreements	1435
ancillary to the construction, reconstruction, improvement,	1436
financing, leasing, or operation of such capital facilities,	1437
including, but not limited to, any agreements required by the	1438
applicable bond proceedings authorized by sections 152.09 to	1439
152.33 of the Revised Code.	1440

Such lease may obligate the county or counties and any	1441
municipal corporation, as using state agencies under Chapter 152.	1442
of the Revised Code, to occupy and operate such capital facilities	1443
for such period of time as may be specified by law and to pay such	1444
rent as the authority determines to be appropriate.	1445
Notwithstanding any other section of the Revised Code, any county	1446
or counties or municipal corporation may enter into such a lease,	1447
and any such lease is legally sufficient to obligate the political	1448
subdivision for the term stated in the lease. Any such lease	1449
constitutes an agreement described in division (E) of section	1450
152.24 of the Revised Code.	1451

(E) If rental payments required from the county or counties	1452
or municipal corporation by a lease established pursuant to this	1453
section are not paid in accordance with such lease, the funds	1454
which otherwise would be apportioned to the lessees from the	1455
county undivided local government fund, pursuant to sections	1456
5747.51 to 5747.53 of the Revised Code, shall be reduced by the	1457
amount of rent payable to the authority. The county treasurer	1458
immediately shall pay the amount of such reductions to the	1459
authority.	1460

(F) Any lease of capital facilities authorized by this	1461
section, the rentals of which are payable in whole or in part from	1462
appropriations made by the general assembly, is governed by	1463
division (D) of section 152.24 of the Revised Code. Such rentals	1464
constitute available receipts as defined in section 152.09 of the	1465
Revised Code and may be pledged for the payment of bond service	1466
charges as provided in section 152.10 of the Revised Code.	1467

(G) Any provision of section 152.21, 152.22, or 152.26 of the	1468
Revised Code that applies to buildings and facilities described in	1469
section 152.19 of the Revised Code also applies to the buildings	1470
and facilities described in this section, unless it is	1471
inconsistent with this section.	1472

Sec. 307.86. Anything to be purchased, leased, leased with	1473
an option or agreement to purchase, or constructed, including, but	1474
not limited to, any product, structure, construction,	1475
reconstruction, improvement, maintenance, repair, or service,	1476
except the services of an accountant, architect, attorney at law,	1477
physician, professional engineer, construction project manager,	1478
consultant, surveyor, or appraiser, by or on behalf of the county	1479
or contracting authority, as defined in section 307.92 of the	1480
Revised Code, at a cost in excess of twenty-five thousand dollars,	1481
except as otherwise provided in division (D) of section 713.23 and	1482
in sections 9.48, 125.04, 125.60 to 125.6012, 307.022, 307.041,	1483
307.861, 339.05, 340.03, 340.033, 4115.31 to 4115.35, 5119.16,	1484
5513.01, 5543.19, 5713.01, and 6137.05 of the Revised Code, shall	1485
be obtained through competitive bidding. However, competitive	1486
bidding is not required when any of the following applies:	1487

(A) The board of county commissioners, by a unanimous vote of	1488
its members, makes a determination that a real and present	1489
emergency exists, and that determination and the reasons for it	1490
are entered in the minutes of the proceedings of the board, when	1491
either of the following applies:	1492

(1) The estimated cost is less than fifty thousand dollars.

1493

(2) There is actual physical disaster to structures, radio	1494
communications equipment, or computers.	1495

For purposes of this division, "unanimous vote" means all	1496
three members of a board of county commissioners when all three	1497
members are present, or two members of the board if only two	1498
members, constituting a quorum, are present.	1499

Whenever a contract of purchase, lease, or construction is	1500
exempted from competitive bidding under division (A)(1) of this	1501
section because the estimated cost is less than fifty thousand	1502
dollars, but the estimated cost is twenty-five thousand dollars or	1503
more, the county or contracting authority shall solicit informal	1504
estimates from no fewer than three persons who could perform the	1505
contract, before awarding the contract. With regard to each such	1506
contract, the county or contracting authority shall maintain a	1507
record of such estimates, including the name of each person from	1508
whom an estimate is solicited. The county or contracting authority	1509
shall maintain the record for the longer of at least one year	1510
after the contract is awarded or the amount of time the federal	1511
government requires.	1512

(B)(1) The purchase consists of supplies or a replacement or	1513
supplemental part or parts for a product or equipment owned or	1514
leased by the county, and the only source of supply for the	1515
supplies, part, or parts is limited to a single supplier.	1516

(2) The purchase consists of services related to information	1517
technology, such as programming services, that are proprietary or	1518
limited to a single source.	1519

(C) The purchase is from the federal government, the state,	1520
another county or contracting authority of another county, or a	1521
board of education, township, or municipal corporation.	1522

(D) The purchase is made by a county department of job and	1523
family services under section 329.04 of the Revised Code and	1524
consists of family services duties or workforce development	1525
activities or is made by a county board of developmental	1526
disabilities under section 5126.05 of the Revised Code and	1527
consists of program services, such as direct and ancillary client	1528
services, child care, case management services, residential	1529
services, and family resource services.	1530

(E) The purchase consists of criminal justice services,	1531
social services programs, family services, or workforce	1532
development activities by the board of county commissioners from	1533
nonprofit corporations or associations under programs funded by	1534
the federal government or by state grants.	1535

(F) The purchase consists of any form of an insurance policy	1536
or contract authorized to be issued under Title XXXIX of the	1537
Revised Code or any form of health care plan authorized to be	1538
issued under Chapter 1751. of the Revised Code, or any combination	1539
of such policies, contracts, plans, or services that the	1540
contracting authority is authorized to purchase, and the	1541
contracting authority does all of the following:	1542

(1) Determines that compliance with the requirements of this	1543
section would increase, rather than decrease, the cost of the	1544
purchase;	1545

(2) Requests issuers of the policies, contracts, plans, or	1546
services to submit proposals to the contracting authority, in a	1547
form prescribed by the contracting authority, setting forth the	1548
coverage and cost of the policies, contracts, plans, or services	1549
as the contracting authority desires to purchase;	1550

(3) Negotiates with the issuers for the purpose of purchasing	1551
the policies, contracts, plans, or services at the best and	1552
lowest price reasonably possible.	1553

(G) The purchase consists of computer hardware, software, or	1554
consulting services that are necessary to implement a computerized	1555
case management automation project administered by the Ohio	1556
prosecuting attorneys association and funded by a grant from the	1557
federal government.	1558

(H) Child care services are purchased for provision to county	1559
employees.	1560

(I)(1) Property, including land, buildings, and other real	1561
property, is leased for offices, storage, parking, or other	1562
purposes, and all of the following apply:	1563

(a) The contracting authority is authorized by the Revised	1564
Code to lease the property.	1565

(b) The contracting authority develops requests for proposals	1566
for leasing the property, specifying the criteria that will be	1567
considered prior to leasing the property, including the desired	1568
size and geographic location of the property.	1569

(c) The contracting authority receives responses from	1570
prospective lessors with property meeting the criteria specified	1571
in the requests for proposals by giving notice in a manner	1572
substantially similar to the procedures established for giving	1573
notice under section 307.87 of the Revised Code.	1574

(d) The contracting authority negotiates with the prospective	1575
lessors to obtain a lease at the best and lowest price reasonably	1576
possible considering the fair market value of the property and any	1577
relocation and operational costs that may be incurred during the	1578
period the lease is in effect.	1579

(2) The contracting authority may use the services of a real	1580
estate appraiser to obtain advice, consultations, or other	1581
recommendations regarding the lease of property under this	1582
division.	1583

(J) The purchase is made pursuant to section 5139.34 or	1584
sections 5139.41 to 5139.46 of the Revised Code and is of programs	1585
or services that provide case management, treatment, or prevention	1586
services to any felony or misdemeanant delinquent, unruly youth,	1587
or status offender under the supervision of the juvenile court,	1588
including, but not limited to, community residential care, day	1589
treatment, services to children in their home, or electronic	1590
monitoring.	1591

(K) The purchase is made by a public children services agency	1592
pursuant to section 307.92 or 5153.16 of the Revised Code and	1593
consists of family services, programs, or ancillary services that	1594
provide case management, prevention, or treatment services for	1595
children at risk of being or alleged to be ~~abused, neglected, or~~	1596
~~dependent~~ children in need of protective services.	1597

(L) The purchase is to obtain the services of emergency	1598
medical service organizations under a contract made by the board	1599
of county commissioners pursuant to section 307.05 of the Revised	1600
Code with a joint emergency medical services district.	1601

(M) The county contracting authority determines that the use	1602
of competitive sealed proposals would be advantageous to the	1603
county and the contracting authority complies with section 307.862	1604
of the Revised Code.	1605

Any issuer of policies, contracts, plans, or services listed	1606
in division (F) of this section and any prospective lessor under	1607
division (I) of this section may have the issuer's or prospective	1608
lessor's name and address, or the name and address of an agent,	1609
placed on a special notification list to be kept by the	1610
contracting authority, by sending the contracting authority that	1611
name and address. The contracting authority shall send notice to	1612
all persons listed on the special notification list. Notices shall	1613
state the deadline and place for submitting proposals. The	1614
contracting authority shall mail the notices at least six weeks	1615
prior to the deadline set by the contracting authority for	1616
submitting proposals. Every five years the contracting authority	1617
may review this list and remove any person from the list after	1618
mailing the person notification of that action.	1619

Any contracting authority that negotiates a contract under	1620
division (F) of this section shall request proposals and negotiate	1621
with issuers in accordance with that division at least every	1622
three years from the date of the signing of such a contract,	1623
unless the parties agree upon terms for extensions or renewals of	1624
the contract. Such extension or renewal periods shall not exceed	1625
six years from the date the initial contract is signed.	1626

Any real estate appraiser employed pursuant to division (I)	1627
of this section shall disclose any fees or compensation received	1628
from any source in connection with that employment.	1629

Sec. 340.15. (A) A public children services agency that	1630
identifies a child by a risk assessment conducted pursuant to	1631
section 5153.16 of the Revised Code as being at imminent risk of	1632
~~being abused or neglected~~becoming a child in need of protective	1633
services because of an addiction of a parent, guardian, or	1634
custodian of the child to a drug of abuse or alcohol shall refer	1635
the child's addicted parent, guardian, or custodian and, if the	1636
agency determines that the child needs alcohol or other drug	1637
addiction services, the child to an alcohol and drug addiction	1638
program certified by the department of alcohol and drug addiction	1639
services under section 3793.06 of the Revised Code. A public	1640
children services agency that is sent a court order issued	1641
pursuant to division (B) of section 2151.3514 of the Revised Code	1642
shall refer the addicted parent or other caregiver of the child	1643
identified in the court order to an alcohol and drug addiction	1644
program certified by the department of alcohol and drug addiction	1645
services under section 3793.06 of the Revised Code. On receipt of	1646
a referral under this division and to the extent funding	1647
identified under division (A) of section 340.033 of the Revised	1648
Code is available, the program shall provide the following	1649
services to the addicted parent, guardian, custodian, or caregiver	1650
and child in need of alcohol or other drug services:	1651

(1) If it is determined pursuant to an initial screening to	1652
be needed, assessment and appropriate treatment;	1653

(2) Documentation of progress in accordance with a treatment	1654
plan developed for the addicted parent, guardian, custodian,	1655
caregiver, or child;	1656

(3) If the referral is based on a court order issued pursuant	1657
to division (B) of section 2151.3514 of the Revised Code and the	1658
order requires the specified parent or other caregiver of the	1659
child to submit to alcohol or other drug testing during, after, or	1660
both during and after, treatment, testing in accordance with the	1661
court order.	1662

(B) The services described in division (A) of this section	1663
shall have a priority as provided in the alcohol and drug	1664
addiction services plan established pursuant to section 340.033 of	1665
the Revised Code. Once a referral has been received pursuant to	1666
this section, the public children services agency and the alcohol	1667
or drug addiction program shall, in accordance with 42 C.F.R. Part	1668
2, share with each other any information concerning the persons	1669
and services described in that division that the agency and	1670
program determine are necessary to share. If the referral is based	1671
on a court order issued pursuant to division (B) of section	1672
2151.3514 of the Revised Code, the results and recommendations of	1673
the alcohol and drug addiction program also shall be provided and	1674
used as described in division (D) of that section. Information	1675
obtained or maintained by the agency or program pursuant to this	1676
section that could enable the identification of any person	1677
described in division (A) of this section is not a public record	1678
subject to inspection or copying under section 149.43 of the	1679
Revised Code.	1680

Sec. 2101.17. The fees enumerated in this section shall be	1681
paid to the probate court from the county treasury upon the	1682
warrant of the county auditor which shall issue upon the	1683
certificate of the probate judge and shall be in full for all	1684
services rendered in the respective proceedings as follows:	1685

(A) For each hearing to determine if a person

1686

is a mentally ill individual subject to

1687

hospitalization when the person is

1688

committed to a state hospital or to

1689

relatives ................................$12.00;

1690

(B) When the person is discharged ............ 7.00;

1691

1692

person to a state hospital or removal

1693

therefrom ................................ 2.00;

1694

(D) For proceedings for committing a person to

1695

an institution for the mentally retarded . 10.00;

1696

(E) For habeas corpus proceedings when a person

1697

is confined under color of proceedings in a

1698

criminal case and is discharged .......... 10.00;

1699

(F) When acting as a juvenile judge, for each

1700

case filed ~~against~~alleging a child to be

1701

a ~~delinquency~~delinquent, ~~dependent,~~

1702

or unruly~~, or neglected~~ child, or a

1703

juvenile traffic offender, or a child in need of

1704

protective services ................ 5.00;

1705

(G) For proceedings to take a child from parents

1706

or other persons having control thereof .. 5.00.

1707

Sec. 2151.02. The bonds between children and their parents	1708
or legal guardians and the preservation of the family	1709
relationships are matters of great importance; thus, intervention	1710
into family life on behalf of a child must be guided by clearly	1711
drafted law and sound professional practice standards. Parents	1712
have the primary responsibility for the care of their children and	1713
the primary right to make decisions on behalf of their children,	1714
and children should have the chance to grow up in their own	1715
families if at all possible. However, where a child is found to be	1716
in need of protective services because of maltreatment or	1717
deprivation of necessities required for the child's physical or	1718
emotional health and safety, including the use of corporal	1719
discipline that results in physical injury or a substantial risk	1720
of physical injury in order to correct and restrain the child, the	1721
state is justified in intervening. In such circumstances, the	1722
paramount considerations guiding all decisions, with due deference	1723
to the constitutionally guaranteed parental interests, are the	1724
health, safety, and well-being of the child.	1725

Sec. 2151.021. (A) Ohio's child services and protection	1726
system is intended to accomplish all of the following:	1727

(1) Be child-centered and family-focused in its prevention	1728
and intervention efforts and to accommodate the individualized	1729
needs of different families;	1730

(2) Provide effective services throughout the state to	1731
safeguard the well-being and development of endangered children	1732
and to preserve and stabilize family life, whenever appropriate;	1733

(3) Operate within a fair and equitable procedural framework,	1734
compatible with due process and equal protection requirements,	1735
when it is necessary to intervene in family life for the safety	1736
and welfare of a child;	1737

(4) Collaborate, whenever appropriate, with law enforcement	1738
and other government agencies to maximize efficiencies and	1739
minimize trauma to children.	1740

(B) State and county services for families should be	1741
accessible and aimed, so far as possible, at encouraging and	1742
enabling families to adequately address their problems within	1743
their own family systems and at preserving families whenever	1744
possible. The need for a child's removal from a parent, legal	1745
guardian, or legal custodian should always be balanced against the	1746
trauma that removal would cause the child. When removal is	1747
necessary for a child's health, safety, and well-being, all	1748
efforts should be made to ensure permanency for that child on a	1749
timely basis.	1750

(C) An approach to child services and protection that	1751
stresses the safety of the child and builds on the strengths of	1752
the family through collaboration efforts between the public	1753
children services agency and the family is the preferred response	1754
in cases not requiring the involvement of law enforcement or	1755
investigation by a public children services agency.	1756

~~Sec. 2151.011.~~ Sec. 2151.03. (A) As used in the Revised Code:

1757

(1) "Child in need of protective services" means, due to one	1758
or more acts or omissions of a child's parent, legal guardian, or	1759
legal custodian, one or more of the following has occurred to the	1760
child:	1761

(a) The child suffers physical harm as determined in	1762
accordance with section 2151.031 of the Revised Code.	1763

(b) The child is sexually harmed as determined in accordance	1764
with section 2151.032 of the Revised Code.	1765

(c) The child is emotionally harmed as determined in	1766
accordance with section 2151.033 of the Revised Code.	1767

(d) The child is harmed by exposure to substance misuse as	1768
determined in accordance with section 2151.034 of the Revised	1769
Code.	1770

(e) The child is lacking necessary health care as determined	1771
in accordance with section 2151.035 of the Revised Code.	1772

(f) The child is lacking legally required education as	1773
determined in accordance with section 2151.036 of the Revised	1774
Code.	1775

(g) The child is lacking necessary care or supervision as	1776
determined in accordance with section 2151.037 of the Revised	1777
Code.	1778

(2) "Juvenile court" means whichever of the following is	1779
applicable that has jurisdiction under this chapter and Chapter	1780
2152. of the Revised Code:	1781

(a) The division of the court of common pleas specified in	1782
section 2101.022 or 2301.03 of the Revised Code as having	1783
jurisdiction under this chapter and Chapter 2152. of the Revised	1784
Code or as being the juvenile division or the juvenile division	1785
combined with one or more other divisions;	1786

(b) The juvenile court of Cuyahoga county or Hamilton county	1787
that is separately and independently created by section 2151.08 or	1788
Chapter 2153. of the Revised Code and that has jurisdiction under	1789
this chapter and Chapter 2152. of the Revised Code;	1790

(c) If division (A)~~(1)~~(2)(a) or (b) of this section does not	1791
apply, the probate division of the court of common pleas.	1792

~~(2)~~(3) "Juvenile judge" means a judge of a court having	1793
jurisdiction under this chapter.	1794

~~(3)~~(4) "Private child placing agency" means any association,	1795
as defined in section 5103.02 of the Revised Code, that is	1796
certified under section 5103.03 of the Revised Code to accept	1797
temporary, permanent, or legal custody of children and place the	1798
children for either foster care or adoption.	1799

~~(4)~~(5) "Private noncustodial agency" means any person,	1800
organization, association, or society certified by the department	1801
of job and family services that does not accept temporary or	1802
permanent legal custody of children, that is privately operated in	1803
this state, and that does one or more of the following:	1804

(a) Receives and cares for children for two or more	1805
consecutive weeks;	1806

(b) Participates in the placement of children in certified	1807
foster homes;	1808

(c) Provides adoption services in conjunction with a public	1809
children services agency or private child placing agency.	1810

(B) As used in this chapter:

1811

(1) ~~"Adequate parental care" means the provision by a child's~~	1812
~~parent or parents, guardian, or custodian of adequate food,~~	1813
~~clothing, and shelter to ensure the child's health and physical~~	1814
~~safety and the provision by a child's parent or parents of~~	1815
~~specialized services warranted by the child's physical or mental~~	1816
~~needs.~~	1817

~~(2)~~ "Adult" means an individual who is eighteen years of age	1818
or older.	1819

~~(3)~~(2) "Agreement for temporary custody" means a voluntary	1820
agreement authorized by section 5103.15 of the Revised Code that	1821
transfers the temporary custody of a child to a public children	1822
services agency or a private child placing agency.	1823

~~(4)~~(3) "Certified foster home" means a foster home, as	1824
defined in section 5103.02 of the Revised Code, certified under	1825
section 5103.03 of the Revised Code.	1826

~~(5)~~(4) "Child" means a person who is under eighteen years of	1827
age, except that the juvenile court has jurisdiction over any	1828
person who is adjudicated an unruly child prior to attaining	1829
eighteen years of age until the person attains twenty-one years of	1830
age, and, for purposes of that jurisdiction related to that	1831
adjudication, a person who is so adjudicated an unruly child shall	1832
be deemed a "child" until the person attains twenty-one years of	1833
age.	1834

~~(6)~~(5) "Child day camp," "child care," "child day-care	1835
center," "part-time child day-care center," "type A family	1836
day-care home," "certified type B family day-care home," "type B	1837
home," "administrator of a child day-care center," "administrator	1838
of a type A family day-care home," "in-home aide," and	1839
"authorized provider" have the same meanings as in section 5104.01	1840
of the Revised Code.	1841

~~(7)~~(6) "Child care provider" means an individual who is a	1842
child-care staff member or administrator of a child day-care	1843
center, a type A family day-care home, or a type B family day-care	1844
home, or an in-home aide or an individual who is licensed, is	1845
regulated, is approved, operates under the direction of, or	1846
otherwise is certified by the department of job and family	1847
services, department of developmental disabilities, or the early	1848
childhood programs of the department of education.	1849

~~(8)~~(7) "Chronic truant" has the same meaning as in section	1850
2152.02 of the Revised Code.	1851

~~(9)~~(8) "Commit" means to vest custody as ordered by the	1852
court.	1853

~~(10)~~(9) "Counseling" includes both of the following:

1854

(a) General counseling services performed by a public	1855
children services agency or shelter for victims of domestic	1856
violence to assist a child, a child's parents, and a child's	1857
siblings in alleviating identified problems that may cause or have	1858
caused the child to be ~~an abused, neglected, or dependent~~a child	1859
in need of protective services.	1860

(b) Psychiatric or psychological therapeutic counseling	1861
services provided to correct or alleviate any mental or emotional	1862
illness or disorder and performed by a licensed psychiatrist,	1863
licensed psychologist, or a person licensed under Chapter 4757. of	1864
the Revised Code to engage in social work or professional	1865
counseling.	1866

~~(11)~~(10) "Custodian" means a person who has legal custody of	1867
a child or a public children services agency or private child	1868
placing agency that has permanent, temporary, or legal custody of	1869
a child.	1870

~~(12)~~(11) "Delinquent child" has the same meaning as in	1871
section 2152.02 of the Revised Code.	1872

~~(13)~~(12) "Detention" means the temporary care of children	1873
pending court adjudication or disposition, or execution of a	1874
court order, in a public or private facility designed to	1875
physically restrict the movement and activities of children.	1876

~~(14)~~(13) "Developmental disability" has the same meaning as	1877
in section 5123.01 of the Revised Code.	1878

~~(15)~~(14) "Foster caregiver" has the same meaning as in	1879
section 5103.02 of the Revised Code.	1880

~~(16)~~(15) "Guardian" means a person, association, or	1881
corporation that is granted authority by a probate court pursuant	1882
to Chapter 2111. of the Revised Code to exercise parental rights	1883
over a child to the extent provided in the court's order and	1884
subject to the residual parental rights of the child's parents.	1885

~~(17)~~(16) "Habitual truant" means any child of compulsory	1886
school age who is absent without legitimate excuse for absence	1887
from the public school the child is supposed to attend for five or	1888
more consecutive school days, seven or more school days in one	1889
school month, or twelve or more school days in a school year.	1890

~~(18)~~(17) "Juvenile traffic offender" has the same meaning as	1891
in section 2152.02 of the Revised Code.	1892

~~(19)~~(18) "Legal custody" means a legal status that vests in	1893
the custodian the right to have physical care and control of the	1894
child and to determine where and with whom the child shall live,	1895
and the right and duty to protect, train, and discipline the child	1896
and to provide the child with food, shelter, education, and	1897
medical care, all subject to any residual parental rights,	1898
privileges, and responsibilities. An individual granted legal	1899
custody shall exercise the rights and responsibilities personally	1900
unless otherwise authorized by any section of the Revised Code or	1901
by the court.	1902

~~(20)~~(19) A "legitimate excuse for absence from the public	1903
school the child is supposed to attend" includes, but is not	1904
limited to, any of the following:	1905

(a) The fact that the child in question has enrolled in and	1906
is attending another public or nonpublic school in this or another	1907
state;	1908

(b) The fact that the child in question is excused from	1909
attendance at school for any of the reasons specified in section	1910
3321.04 of the Revised Code;	1911

(c) The fact that the child in question has received an age	1912
and schooling certificate in accordance with section 3331.01 of	1913
the Revised Code.	1914

~~(21)~~(20) "Mental illness" and "mentally ill person subject to	1915
hospitalization by court order" have the same meanings as in	1916
section 5122.01 of the Revised Code.	1917

~~(22)~~(21) "Mental injury" means any behavioral, cognitive,	1918
emotional, or mental disorder in a child caused by an act or	1919
omission that is described in section 2919.22 of the Revised Code	1920
and is committed by the parent or other person responsible for the	1921
child's care.	1922

~~(23)~~(22) "Mentally retarded person" has the same meaning as	1923
in section 5123.01 of the Revised Code.	1924

~~(24)~~(23) "Nonsecure care, supervision, or training" means	1925
care, supervision, or training of a child in a facility that does	1926
not confine or prevent movement of the child within the facility	1927
or from the facility.	1928

~~(25)~~(24) "Of compulsory school age" has the same meaning as	1929
in section 3321.01 of the Revised Code.	1930

~~(26)~~(25) "Organization" means any institution, public,	1931
semipublic, or private, and any private association, society, or	1932
agency located or operating in the state, incorporated or	1933
unincorporated, having among its functions the furnishing of	1934
protective services or care for children, or the placement of	1935
children in certified foster homes or elsewhere.	1936

~~(27)~~(26) "Out-of-home care" means detention facilities,	1937
shelter facilities, certified children's crisis care facilities,	1938
certified foster homes, placement in a prospective adoptive home	1939
prior to the issuance of a final decree of adoption,	1940
organizations, certified organizations, child day-care centers,	1941
type A family day-care homes, child care provided by type B	1942
family day-care home providers and by in-home aides, group home	1943
providers, group homes, institutions, state institutions,	1944
residential facilities, residential care facilities, residential	1945
camps, day camps, public schools, chartered nonpublic schools,	1946
educational service centers, hospitals, and medical clinics that	1947
are responsible for the care, physical custody, or control of	1948
children.	1949

~~(28)~~(27) "Out-of-home care child abuse" means any of the	1950
following when committed by a person responsible for the care of a	1951
child in out-of-home care:	1952

(a) Engaging in sexual activity with a child in the person's	1953
care;	1954

(b) Denial to a child, as a means of punishment, of proper or	1955
necessary subsistence, education, medical care, or other care	1956
necessary for a child's health;	1957

(c) Use of restraint procedures on a child that cause injury	1958
or pain;	1959

(d) Administration of prescription drugs or psychotropic	1960
medication to the child without the written approval and ongoing	1961
supervision of a licensed physician;	1962

(e) Commission of any act, other than by accidental means,	1963
that results in any injury to or death of the child in out-of-home	1964
care or commission of any act by accidental means that results in	1965
an injury to or death of a child in out-of-home care and that is	1966
at variance with the history given of the injury or death.	1967

~~(29)~~(28) "Out-of-home care child neglect" means any of the	1968
following when committed by a person responsible for the care of a	1969
child in out-of-home care:	1970

(a) Failure to provide reasonable supervision according to	1971
the standards of care appropriate to the age, mental and physical	1972
condition, or other special needs of the child;	1973

(b) Failure to provide reasonable supervision according to	1974
the standards of care appropriate to the age, mental and physical	1975
condition, or other special needs of the child, that results in	1976
~~sexual or physical abuse of~~an act or omission committed against	1977
the child by any person that causes the child to become a	1978
physically or sexually harmed child in accordance with section	1979
2151.031 or 2151.032 of the Revised Code;	1980

1981

(i) Administration of prescription drugs or psychotropic	1982
drugs for the child;	1983

(ii) Assuring that the instructions of the licensed physician	1984
who prescribed a drug for the child are followed;	1985

(iii) Reporting to the licensed physician who prescribed the	1986
drug all unfavorable or dangerous side effects from the use of the	1987
drug.	1988

(d) Failure to provide proper or necessary subsistence,	1989
education, medical care, or other individualized care necessary	1990
for the health or well-being of the child;	1991

(e) Confinement of the child to a locked room without	1992
monitoring by staff;	1993

(f) Failure to provide ongoing security for all prescription	1994
and nonprescription medication;	1995

(g) Isolation of a child for a period of time when there is	1996
substantial risk that the isolation, if continued, will impair or	1997
retard the mental health or physical well-being of the child.	1998

~~(30)~~(29) "Permanent custody" means a legal status that vests	1999
in a public children services agency or a private child placing	2000
agency, all parental rights, duties, and obligations, including	2001
the right to consent to adoption, and divests the natural parents	2002
or adoptive parents of all parental rights, privileges, and	2003
obligations, including all residual rights and obligations.	2004

~~(31)~~(30) "Permanent surrender" means the act of the parents	2005
or, if a child has only one parent, of the parent of a child, by a	2006
voluntary agreement authorized by section 5103.15 of the Revised	2007
Code, to transfer the permanent custody of the child to a public	2008
children services agency or a private child placing agency.	2009

~~(32)~~(31) "Person" means an individual, association,	2010
corporation, or partnership and the state or any of its political	2011
subdivisions, departments, or agencies.	2012

~~(33)~~(32) "Person responsible for a child's care in	2013
out-of-home care" means any of the following:	2014

(a) Any foster caregiver, in-home aide, or provider;

2015

(b) Any administrator, employee, or agent of any of the	2016
following: a public or private detention facility; shelter	2017
facility; certified children's crisis care facility; organization;	2018
certified organization; child day-care center; type A family	2019
day-care home; certified type B family day-care home; group home;	2020
institution; state institution; residential facility; residential	2021
care facility; residential camp; day camp; school district;	2022
community school; chartered nonpublic school; educational service	2023
center; hospital; or medical clinic;	2024

(c) Any person who supervises or coaches children as part of	2025
an extracurricular activity sponsored by a school district, public	2026
school, or chartered nonpublic school;	2027

(d) Any other person who performs a similar function with	2028
respect to, or has a similar relationship to, children.	2029

~~(34)~~(33) "Physically impaired" means having one or more of	2030
the following conditions that substantially limit one or more of	2031
an individual's major life activities, including self-care,	2032
receptive and expressive language, learning, mobility, and	2033
self-direction:	2034

(a) A substantial impairment of vision, speech, or hearing;

2035

(b) A congenital orthopedic impairment;

2036

(c) An orthopedic impairment caused by disease, rheumatic	2037
fever or any other similar chronic or acute health problem, or	2038
amputation or another similar cause.	2039

~~(35)~~(34) "Placement for adoption" means the arrangement by a	2040
public children services agency or a private child placing agency	2041
with a person for the care and adoption by that person of a child	2042
of whom the agency has permanent custody.	2043

~~(36)~~(35) "Placement in foster care" means the arrangement by	2044
a public children services agency or a private child placing	2045
agency for the out-of-home care of a child of whom the agency has	2046
temporary custody or permanent custody.	2047

~~(37)~~(36) "Planned permanent living arrangement" means an	2048
order of a juvenile court pursuant to which both of the following	2049
apply:	2050

(a) The court gives legal custody of a child to a public	2051
children services agency or a private child placing agency without	2052
the termination of parental rights.	2053

(b) The order permits the agency to make an appropriate	2054
placement of the child and to enter into a written agreement with	2055
a foster care provider or with another person or agency with whom	2056
the child is placed.	2057

~~(38)~~(37) "Practice of social work" and "practice of	2058
professional counseling" have the same meanings as in section	2059
4757.01 of the Revised Code.	2060

~~(39)~~(38) "Sanction, service, or condition" means a sanction,	2061
service, or condition created by court order following an	2062
adjudication that a child is an unruly child that is described in	2063
division (A)(4) of section 2152.19 of the Revised Code.	2064

~~(40)~~(39) "Protective supervision" means an order of	2065
disposition pursuant to which the court permits ~~an abused,~~	2066
~~neglected, dependent,~~a child in need of protective services or	2067
unruly child to remain in the custody of the child's parents,	2068
guardian, or custodian and stay in the child's home, subject to	2069
any conditions and limitations upon the child, the child's	2070
parents, guardian, or custodian, or any other person that the	2071
court prescribes, including supervision as directed by the court	2072
for the protection of the child.	2073

~~(41)~~(40) "Psychiatrist" has the same meaning as in section	2074
5122.01 of the Revised Code.	2075

~~(42)~~(41) "Psychologist" has the same meaning as in section	2076
4732.01 of the Revised Code.	2077

~~(43)~~(42) "Residential camp" means a program in which the	2078
care, physical custody, or control of children is accepted	2079
overnight for recreational or recreational and educational	2080
purposes.	2081

~~(44)~~(43) "Residential care facility" means an institution,	2082
residence, or facility that is licensed by the department of	2083
mental health under section 5119.22 of the Revised Code and that	2084
provides care for a child.	2085

~~(45)~~(44) "Residential facility" means a home or facility that	2086
is licensed by the department of developmental disabilities under	2087
section 5123.19 of the Revised Code and in which a child with a	2088
developmental disability resides.	2089

~~(46)~~(45) "Residual parental rights, privileges, and	2090
responsibilities" means those rights, privileges, and	2091
responsibilities remaining with the natural parent after the	2092
transfer of legal custody of the child, including, but not	2093
necessarily limited to, the privilege of reasonable visitation,	2094
consent to adoption, the privilege to determine the child's	2095
religious affiliation, and the responsibility for support.	2096

~~(47)~~(46) "School day" means the school day established by the	2097
state board of education pursuant to section 3313.48 of the	2098
Revised Code.	2099

~~(48)~~(47) "School month" and "school year" have the same	2100
meanings as in section 3313.62 of the Revised Code.	2101

~~(49)~~(48) "Secure correctional facility" means a facility	2102
under the direction of the department of youth services that is	2103
designed to physically restrict the movement and activities of	2104
children and used for the placement of children after adjudication	2105
and disposition.	2106

~~(50)~~(49) "Sexual activity" has the same meaning as in section	2107
2907.01 of the Revised Code.	2108

~~(51)~~(50) "Shelter" means the temporary care of children in	2109
physically unrestricted facilities pending court adjudication or	2110
disposition.	2111

~~(52)~~(51) "Shelter for victims of domestic violence" has the	2112
same meaning as in section 3113.33 of the Revised Code.	2113

~~(53)~~(52) "Substantial risk" means the risk that a specified	2114
harm is markedly more likely than not to result from one or more	2115
acts or omissions.	2116

(53) "Temporary custody" means legal custody of a child who	2117
is removed from the child's home, which custody may be terminated	2118
at any time at the discretion of the court or, if the legal	2119
custody is granted in an agreement for temporary custody, by the	2120
person who executed the agreement.	2121

(C) For the purposes of this chapter, a child shall be	2122
presumed abandoned when the parents of the child have failed to	2123
visit or maintain contact with the child for more than ninety	2124
days, regardless of whether the parents resume contact with the	2125
child after that period of ninety days.	2126

(D) In reference to past acts, adjudications, and statuses,	2127
as used in the Revised Code:	2128

(1) "Abused child" means a child who was an abused child as	2129
that term was defined in former section 2151.031 of the Revised	2130
Code as it existed prior to the effective date of this amendment.	2131

(2) "Dependent child" means a child who was a dependent child	2132
as that term was defined in former section 2151.04 of the Revised	2133
Code as it existed prior to the effective date of this amendment.	2134

(3) "Neglected child" means a child who was a neglected child	2135
as that term was defined in section 2151.03 of the Revised Code as	2136
it existed prior to the effective date of this amendment.	2137

Sec. 2151.031. (A) As used in this section:

2138

(1) "Controlled substance" has the same meaning as in section	2139
3719.01 of the Revised Code.	2140

(2) "Dangerous drug" and "drug" have the same meanings as in	2141
section 4729.01 of the Revised Code.	2142

(3) "Deadly weapon" has the same meaning as in section	2143
2923.11 of the Revised Code.	2144

(4) "Harmful intoxicant" has the same meaning as in section	2145
2925.01 of the Revised Code.	2146

(5) "Physical harm" means that the child has suffered	2147
physical injury, or was placed at substantial risk of physical	2148
injury, from one or more intentional or negligent acts or	2149
omissions by the child's parent, legal guardian, or legal	2150
custodian, including corporal discipline. "Physical harm"	2151
includes, but is not limited to, any of the following:	2152

(a) A sprain, dislocation, or cartilage damage;

2153

(b) A bone or skull fracture;

2154

2155

(d) An intracranial hemorrhage or injury to other internal	2156
organs;	2157

(e) Asphyxiation, suffocation, or drowning;

2158

(f) An injury resulting from the use of a deadly weapon;

2159

(g) A burn, scalding, laceration, puncture, or bite;

2160

(h) Loss of consciousness;

2161

(i) Loss or impairment of a body part or function;

2162

(j) Significant soft tissue swelling;

2163

(k) Significant bruising;

2164

(l) Injury that requires medical treatment;

2165

(m) Severe pain to the child;

2166

(n) Death of the child.

2167

(B) Examples of circumstances that may result in a child's	2168
physical injury include, but are not limited to, the following:	2169

(1) Being struck with an object or a closed fist;

2170

(2) Being shaken;

2171

(3) Having a limb twisted;

2172

(4) Being thrown, kicked, burned, or cut;

2173

(5) Having breathing interfered with;

2174

(6) Being deprived of sustenance;

2175

(7) Being provided with a drug not in accordance with a	2176
prescription, dangerous drug, harmful intoxicant, or controlled	2177
substance, or any other chemical or substance that poses a	2178
substantial risk of causing physical injury to the child;	2179

(8) Being physically restrained in a cruel manner or for a	2180
prolonged period of time.	2181

(C) Being threatened with a deadly weapon is an example of a	2182
substantial risk of physical harm.	2183

(D) In determining whether an act or omission placed a child	2184
at substantial risk of physical harm, the factors that may be	2185
considered include but are not limited to the following:	2186

(1) The size, age, and any pre-existing condition of the	2187
child;	2188

(2) The location of the injury;

2189

(3) The strength and duration of any force used against the	2190
child;	2191

(4) Whether the act was committed by an adult whose judgment	2192
was impaired at the time of the act.	2193

(E) An act or omission of a parent, legal guardian, or legal	2194
custodian that results in physical harm to a child does not cause	2195
the child to be a child in need of protective services if the act	2196
or omission was necessary to prevent imminent physical harm to	2197
another person, or more serious physical harm to the child.	2198

Sec. 2151.032. (A) A child is "sexually harmed" when either	2199
of the following applies:	2200

(1) The child's parent, legal guardian, or legal custodian	2201
participates in a sexual act with the child.	2202

(2) The child's parent, legal guardian, or legal custodian	2203
requires, directs, coerces, encourages, permits, or negligently	2204
fails to prevent participation in a sexual act by the child with	2205
another person.	2206

(B) Examples of a sexual act for the purpose of determining	2207
if a child has been sexually harmed include, but are not limited	2208
to, any of the following:	2209

(1) Penetration, however slight, of the vagina or anal	2210
opening of one person by the penis of another;	2211

(2) Sexual contact between the genitals or anal opening of	2212
one person and the mouth or tongue of another;	2213

(3) Insertion by one person into the genitals or anal opening	2214
of another person, including the use of objects for this purpose,	2215
other than for a valid medical purpose;	2216

(4) Intentional touching of the genitals, breasts, genital	2217
area, groin, inner thigh, or buttocks, or the clothing covering	2218
them, except when such touching occurs as part of appropriate	2219
child care activity, including medical care;	2220

(5) Intentional exposure of the genitals in the presence of a	2221
child if that exposure is for the purpose of sexual arousal,	2222
sexual gratification, humiliation, or degradation, or a similar	2223
purpose;	2224

(6) Sexual exploitation of a child;

2225

(7) Making recorded images of a child for sexual	2226
gratification or commercial sexual exploitation;	2227

(8) Requiring, directing, coercing, encouraging, or	2228
permitting a child to view one or more sexually explicit acts or	2229
materials or negligently failing to prevent a child from viewing	2230
sexually explicit acts or materials;	2231

(9) Flagellation, torture, defecation, urination, or other	2232
sado-masochistic acts involving a child when done for the purpose	2233
of the adult's or child's sexual stimulation;	2234

(10) Requiring, directing, coercing, encouraging, permitting,	2235
or negligently failing to prevent a violation of section 2907.04	2236
or division (A)(1)(b) of section 2907.02 of the Revised Code in	2237
which the child is the victim of the offense.	2238

(C) If a child's parent, legal guardian, or legal custodian	2239
provides to a child a product or information for the purpose of	2240
avoiding pregnancy or a sexually transmitted disease, that act is	2241
not, by itself, evidence that the parent, legal guardian, or legal	2242
custodian has encouraged, permitted, or negligently failed to	2243
prevent the child's participation in a sexual act.	2244

(D) The participation by a child who is at least sixteen	2245
years of age in a consensual sexual act with a non-relative who is	2246
at least sixteen but less than twenty years of age is not evidence	2247
that the child was sexually harmed, but may be evidence that the	2248
child is, for other reasons, a child in need of protective	2249
services.	2250

(E) As used in this section, "sexual exploitation of a child"	2251
includes requiring, directing, coercing, encouraging, or	2252
permitting a child to solicit another to engage in prostitution	2253
with the child, engage in prostitution, or engage in a commercial	2254
sexually related act or performance. "Sexual exploitation of a	2255
child" also includes negligently failing to prevent a child from	2256
engaging in such acts or performances.	2257

Sec. 2151.033. (A) As used in this section, "emotionally	2258
harmed" means that the child has suffered psychological,	2259
emotional, or cognitive injury, or has been placed at a	2260
substantial risk of such injury, from one or more intentional or	2261
negligent acts or omissions by the child's parent, legal	2262
guardian, or legal custodian and the injury has a substantial,	2263
observable, adverse effect on the child's behavioral, emotional,	2264
social, or cognitive performance or condition.	2265

(B) Evidence that a child has been emotionally harmed may	2266
include, but is not limited to, the child's failure or inability	2267
to control aggressive or self-destructive impulses, significant	2268
acting out or regressive behavior, social withdrawal, or	2269
inability to think or reason, when that behavior or condition is	2270
age or developmentally inappropriate.	2271

Sec. 2151.034. (A) A child is harmed by exposure to	2272
substance misuse if a child's parent, legal guardian, or legal	2273
custodian does any of the following:	2274

(1) Uses a substance, and the use results in physical,	2275
psychological, emotional, or cognitive injury, or a substantial	2276
risk of such an injury, to the child, including instances of	2277
substance misuse that are first discovered through a newborn	2278
child's positive toxicology screen;	2279

(2) Requires, directs, coerces, encourages, permits, or	2280
negligently fails to prevent any of the following:	2281

(a) The child's use of alcohol, and that use results in	2282
physical, psychological, emotional, or cognitive injury, or	2283
substantial risk of such an injury, to the child;	2284

(b) The child's use of an illegal substance or use of a legal	2285
substance illegally;	2286

(c) The child's exposure to the sale, manufacture, or	2287
distribution of an illegal substance or the illegal sale or	2288
distribution of a legal substance, or to the presence of chemicals	2289
or equipment intended for use in the manufacture of an illegal	2290
substance.	2291

(B) In determining whether a child has been harmed by	2292
exposure to substance misuse, psychological, emotional, or	2293
cognitive injury includes a substantial, observable, adverse	2294
effect on a child's behavioral, emotional, social, or cognitive	2295
performance. Evidence that may be used to prove harm by exposure	2296
to substance misuse includes, but is not limited to, the child's	2297
failure or inability to control aggressive or self-destructive	2298
impulses, significant acting out or regressive behavior, social	2299
withdrawal, or inability to think or reason, when that behavior or	2300
condition is age or developmentally inappropriate.	2301

(C) As used in this section, "substance" refers to any mood	2302
or behavior altering product, including, but not limited to,	2303
alcohol, a drug as defined in section 4729.01 of the Revised Code,	2304
a controlled substance as defined in section 3719.01 of the	2305
Revised Code, a harmful intoxicant as defined in section 2925.01	2306
of the Revised Code, and any other product that can be inhaled,	2307
ingested, injected, or applied.	2308

Sec. 2151.035. (A) A child is "lacking necessary health	2309
care" if the child is not provided medical, surgical,	2310
psychiatric, psychological, or other care required to treat a	2311
condition if the treatment is likely to prevent the child's	2312
death, disfigurement, or serious impairment of a major bodily	2313
function, or if the treatment is necessary to substantially	2314
reduce the child's pain, suffering, or serious impairment of a	2315
major bodily function, or correct or substantially diminish the	2316
child's debilitating or crippling condition.	2317

(B) A child is lacking necessary health care only if the	2318
court finds both of the following:	2319

(1) There is a disagreement between a licensed health	2320
professional authorized to prescribe drugs and a child's parent,	2321
legal guardian, or legal custodian as to the necessary course of	2322
health care treatment for that child.	2323

(2) The course of treatment advised by the licensed health	2324
professional authorized to prescribe drugs is substantially more	2325
beneficial to the child than the course of treatment preferred by	2326
the child's parent, legal guardian, or legal custodian.	2327

(C) If a child's parent, legal guardian, or legal custodian	2328
provides or declines to provide health care services to a child,	2329
in contravention to the advice of a licensed health professional	2330
authorized to prescribe drugs, because of a sincerely held	2331
religious or spiritual belief or for any other reason, the court	2332
may order the provision of health care services over the objection	2333
of the parent, legal guardian, or legal custodian only if the	2334
court determines that the child is lacking necessary health care.	2335

(D) The refusal of a child's parent, legal guardian, or legal	2336
custodian to administer or permit the child to take behavior	2337
modifying medication may only be considered evidence that the	2338
child is lacking necessary health care.	2339

(E) As used in this section, "licensed health professional	2340
authorized to prescribe drugs" has the same meaning as in section	2341
4729.01 of the Revised Code.	2342

Sec. 2151.036. (A) As used in this section, "lacking legally	2343
required education" means that the child is of compulsory school	2344
age, has not regularly or timely attended school, has no	2345
legitimate excuse for the absence, and has not received other	2346
education services as required by state or federal law.	2347

(B) Any person responsible for reporting or investigating	2348
alleged violations of or enforcing the compulsory school	2349
attendance provisions of Chapter 3321. of the Revised Code may	2350
provide written notice to an appropriate public children services	2351
agency when that person believes that the agency's intervention	2352
may help a child obtain legally required education. The notice	2353
shall specify both of the following:	2354

(1) All known steps taken to assure the child's compliance	2355
with Chapter 3321. of the Revised Code;	2356

(2) All known acts or omissions by the child's parent, legal	2357
guardian, or legal custodian that may have contributed to the	2358
child's alleged lack of legally required education.	2359

(C) The public children services agency shall have no	2360
obligation under section 2151.421 of the Revised Code to assess	2361
or investigate whether a child is a child in need of protective	2362
services because the child is lacking legally required education	2363
if the notice fails to demonstrate that any steps have been taken	2364
to ensure compliance with the compulsory school attendance	2365
provisions of Chapter 3321. of the Revised Code or the notice	2366
does not provide the information required by division (B) of this	2367
section. If no steps have been taken to ensure compliance with the	2368
compulsory school attendance provisions of Chapter 3321. of the	2369
Revised Code, the public children services agency may seek an	2370
order from the juvenile court with jurisdiction, and the court	2371
may enter an order, directing that such efforts be made.	2372

(D) When any person responsible for reporting or	2373
investigating alleged violations of or enforcing the compulsory	2374
school attendance provisions of Chapter 3321. of the Revised Code	2375
knows or suspects that a child is in need of protective services	2376
for any reason other than that the child may be lacking legally	2377
required education, that person shall immediately report that	2378
knowledge or suspicion to the appropriate public children services	2379
agency for its standard assessment or investigation.	2380

(E) If, in assessing or investigating a report that a child	2381
is in need of protective services, a public children services	2382
agency discovers facts that may support an adjudication that a	2383
child is lacking legally required education, the public children	2384
services agency shall, in addition to its own required protocol,	2385
notify the appropriate person or entity responsible for	2386
investigating violations of or enforcing the compulsory school	2387
attendance provisions of Chapter 3321. of the Revised Code.	2388

(F) The refusal of a child's parent, guardian, or custodian	2389
to administer or permit the child to take behavior modifying	2390
medication shall not be considered an act or omission relevant to	2391
a report that a child is lacking legally required education, but	2392
it may be relevant to a report that a child is lacking necessary	2393
health care.	2394

Sec. 2151.037. (A) A child is lacking necessary care or	2395
supervision if either of the following are present:	2396

(1) The child is at substantial risk of becoming a child in	2397
need of protective services for a reason other than the child is	2398
lacking necessary care or supervision;	2399

(2) The child's parent, legal guardian, or legal custodian	2400
fails to provide the child with any of the following, and such	2401
failure creates a substantial risk that the child would suffer an	2402
injury that could result in an adjudication that the child is in	2403
need of protective services:	2404

(a) Adequate food, clothing, shelter, or supervision;

2405

(b) Adequate supervision or arrangements for the child's care	2406
in the absence of the child's parent, legal guardian, or legal	2407
custodian;	2408

(c) A safe and appropriate place to live after prohibiting	2409
the child from living in the same residence as the parent, legal	2410
guardian, or legal custodian.	2411

(B) A child is lacking necessary care or supervision when any	2412
of the circumstances described in division (A) of this section	2413
arise for any reason, including the death or physical or mental	2414
incapacity of the child's parent, legal guardian, or legal	2415
custodian.	2416

Sec. 2151.10. The juvenile judge shall annually submit a	2417
written request for an appropriation to the board of county	2418
commissioners that shall set forth estimated administrative	2419
expenses of the juvenile court that the judge considers reasonably	2420
necessary for the operation of the court, including reasonably	2421
necessary expenses of the judge and such officers and employees as	2422
the judge may designate in attending conferences at which juvenile	2423
or welfare problems are discussed, and such sum each year as will	2424
provide for the maintenance and operation of the detention	2425
facility, the care, maintenance, education, and support of	2426
~~neglected, abused, dependent,~~children in need of protective	2427
services and delinquent children, other than children eligible to	2428
participate in the Ohio works first program established under	2429
Chapter 5107. of the Revised Code, and for necessary orthopedic,	2430
surgical, and medical treatment, and special care as may be	2431
ordered by the court for any ~~neglected, abused, dependent,~~child	2432
in need or protective services or delinquent ~~children~~child. The	2433
board shall conduct a public hearing with respect to the written	2434
request submitted by the judge and shall appropriate such sum of	2435
money each year as it determines, after conducting the public	2436
hearing and considering the written request of the judge, is	2437
reasonably necessary to meet all the administrative expenses of	2438
the court. All disbursements from such appropriations shall be	2439
upon specifically itemized vouchers, certified to by the judge.	2440

If the judge considers the appropriation made by the board	2441
pursuant to this section insufficient to meet all the	2442
administrative expenses of the court, the judge shall commence an	2443
action under Chapter 2731. of the Revised Code in the court of	2444
appeals for the judicial district for a determination of the duty	2445
of the board of county commissioners to appropriate the amount of	2446
money in dispute. The court of appeals shall give priority to the	2447
action filed by the juvenile judge over all cases pending on its	2448
docket. The burden shall be on the juvenile judge to prove that	2449
the appropriation requested is reasonably necessary to meet all	2450
administrative expenses of the court. If, prior to the filing of	2451
an action under Chapter 2731. of the Revised Code or during the	2452
pendency of the action, the judge exercises the judge's contempt	2453
power in order to obtain the sum of money in dispute, the judge	2454
shall not order the imprisonment of any member of the board of	2455
county commissioners notwithstanding sections 2705.02 to 2705.06	2456
of the Revised Code.	2457

Sec. 2151.141. (A) If a complaint filed with respect to a	2458
child pursuant to section 2151.27 of the Revised Code alleges that	2459
a child is ~~an abused, neglected, or dependent~~a child in need of	2460
protective services, any individual or entity that is listed in	2461
divisions (D)(1)(a) to (k) of section 2151.14 of the Revised Code	2462
and that is investigating whether the child is ~~an abused,~~	2463
~~neglected, or dependent~~a child in need of protective services,	2464
has custody of the child, is preparing a social history for the	2465
child, or is providing any services for the child may request any	2466
board of education, governing body of a chartered nonpublic	2467
school, public children services agency, private child placing	2468
agency, probation department, law enforcement agency, or	2469
prosecuting attorney that has any records related to the child to	2470
provide the individual or entity with a copy of the records. The	2471
request shall be in writing, describe the type of records	2472
requested, explain the need for the records, be accompanied by a	2473
copy of the complaint, and describe the relationship of the	2474
requesting individual or entity to the child. The individual or	2475
entity shall provide a copy of the request to the child in	2476
question, the attorney or guardian ad litem of the child, and the	2477
parent, guardian, or custodian of the child.	2478

(B)(1) Any board of education, governing body of a chartered	2479
nonpublic school, public children services agency, private child	2480
placing agency, probation department, law enforcement agency, or	2481
prosecuting attorney that has any records related to a child who	2482
is the subject of a complaint as described in division (A) of this	2483
section and that receives a request for a copy of the records	2484
pursuant to division (A) of this section shall comply with the	2485
request, unless the individual or entity determines that it is	2486
unable to do so because it is prohibited by law from complying	2487
with the request, the request does not comply with division (A) of	2488
this section, or a complaint as described in division (A) of this	2489
section has not been filed with respect to the child who is the	2490
subject of the requested records. If the individual or entity	2491
determines that it is unable to comply with the request, it shall	2492
file a motion with the court in which the complaint as described	2493
in division (A) of this section was filed or was alleged to have	2494
been filed requesting the court to determine the extent to which	2495
it is required to comply with the request for records. Upon the	2496
filing of the motion, the court immediately shall hold a hearing	2497
on the motion, determine the extent to which the movant is	2498
required to comply with the request for records, and issue	2499
findings of fact and conclusions of law in support of its	2500
determination. The determination of the court shall be final. If	2501
the court determines that the movant is required to comply with	2502
the request for records, it shall identify the specific records	2503
that must be supplied to the individual or entity that requested	2504
them.	2505

(2) In addition to or in lieu of the motion described in	2506
division (B)(1) of this section, a law enforcement agency or	2507
prosecuting attorney that receives a request for a copy of records	2508
pursuant to division (A) of this section may file a motion for a	2509
protective order as described in this division with the court in	2510
which the complaint as described in division (A) of this section	2511
was filed or alleged to have been filed. Upon the filing of a	2512
motion of that nature, the court shall conduct a hearing on the	2513
motion. If at the hearing the law enforcement agency or	2514
prosecuting attorney demonstrates that any of the following	2515
applies and if, after considering the purposes for which the	2516
records were requested pursuant to division (A) of this section,	2517
the best interest of the child, and any demonstrated need to	2518
prevent specific information in the records from being disclosed,	2519
the court determines that the issuance of a protective order is	2520
necessary, then the court shall issue a protective order that	2521
appropriately limits the disclosure of one or more specified	2522
records or specified information in one or more specified records:	2523

(a) The records or information in the records relate to a	2524
case in which the child is alleged to be a delinquent child or a	2525
case in which a child is transferred for trial as an adult	2526
pursuant to section 2152.12 of the Revised Code and Juvenile Rule	2527
30, and the adjudication hearing in the case, the trial in the	2528
case, or other disposition of the case has not been concluded.	2529

(b) The records in question, or the records containing the	2530
information in question, are confidential law enforcement	2531
investigatory records, as defined in section 149.43 of the Revised	2532
Code.	2533

(c) The records or information in the records relate to a	2534
case in which the child is or was alleged to be a delinquent child	2535
or to a case in which a child is or was transferred for trial as	2536
an adult pursuant to section 2152.12 of the Revised Code and	2537
Juvenile Rule 30; another case is pending against any child or any	2538
adult in which the child is alleged to be a delinquent child, the	2539
child is so transferred for trial as an adult, or the adult is	2540
alleged to be a criminal offender; the allegations in the case to	2541
which the records or information relate and the allegations in the	2542
other case are based on the same act or transaction, are based on	2543
two or more connected transactions or constitute parts of a common	2544
scheme or plan, or are part of a course of criminal conduct; and	2545
the adjudication hearing in, trial in, or other disposition of the	2546
other case has not been concluded.	2547

(C) If an individual or entity is required to provide copies	2548
of records pursuant to this section, the individual or entity may	2549
charge a fee for the copies that does not exceed the cost of	2550
supplying them.	2551

(D) This section does not require, authorize, or permit the	2552
dissemination of any records or any information contained in any	2553
records if the dissemination of the records or information	2554
generally is prohibited by section 2151.142 or another section of	2555
the Revised Code and a waiver as described in division (B)(1) of	2556
section 2151.142 of the Revised Code or a specific provision of	2557
the Revised Code does not specifically authorize or permit the	2558
dissemination of the records or information pursuant to this	2559
section.	2560

Sec. 2151.18. (A) The juvenile court shall maintain records	2561
of all official cases brought before it, including, but not	2562
limited to, an appearance docket, a journal, and records of the	2563
type required by division (A)(2) of section 2151.35 of the Revised	2564
Code. The parents, guardian, or other custodian of any child	2565
affected, if living, or the nearest of kin of the child, if the	2566
parents would be entitled to inspect the records but are deceased,	2567
may inspect these records, either in person or by counsel, during	2568
the hours in which the court is open.	2569

(B) Not later than June of each year, the court shall prepare	2570
an annual report covering the preceding calendar year showing the	2571
number and kinds of cases that have come before it, the	2572
disposition of the cases, and any other data pertaining to the	2573
work of the court that the juvenile judge directs. The court shall	2574
file copies of the report with the board of county commissioners.	2575
With the approval of the board, the court may print or cause to be	2576
printed copies of the report for distribution to persons and	2577
agencies interested in the court or community program for	2578
~~dependent, neglected, abused, or~~children in need of protective	2579
services, delinquent children, and juvenile traffic offenders. The	2580
court shall include the number of copies ordered printed and the	2581
estimated cost of each printed copy on each copy of the report	2582
printed for distribution.	2583

Sec. 2151.23. (A) The juvenile court has exclusive original	2584
jurisdiction under the Revised Code as follows:	2585

(1) Concerning any child who on or about the date specified	2586
in the complaint, indictment, or information is alleged to have	2587
violated section 2151.87 of the Revised Code or an order issued	2588
under that section or to be a juvenile traffic offender or, a	2589
child in need of protective services, or a delinquent,or unruly,	2590
~~abused, neglected, or dependent~~ child and, based on and in	2591
relation to the allegation pertaining to the child, concerning the	2592
parent, guardian, or other person having care of a child who is	2593
alleged to be an unruly or delinquent child for being an habitual	2594
or chronic truant;	2595

(2) Subject to divisions (G) and (V) of section 2301.03 of	2596
the Revised Code, to determine the custody of any child not a ward	2597
of another court of this state;	2598

(3) To hear and determine any application for a writ of	2599
habeas corpus involving the custody of a child;	2600

(4) To exercise the powers and jurisdiction given the probate	2601
division of the court of common pleas in Chapter 5122. of the	2602
Revised Code, if the court has probable cause to believe that a	2603
child otherwise within the jurisdiction of the court is a mentally	2604
ill person subject to hospitalization by court order, as defined	2605
in section 5122.01 of the Revised Code;	2606

(5) To hear and determine all criminal cases charging adults	2607
with the violation of any section of this chapter;	2608

(6) To hear and determine all criminal cases in which an	2609
adult is charged with a violation of division (C) of section	2610
2919.21, division (B)(1) of section 2919.22, section 2919.222,	2611
division (B) of section 2919.23, or section 2919.24 of the Revised	2612
Code, provided the charge is not included in an indictment that	2613
also charges the alleged adult offender with the commission of a	2614
felony arising out of the same actions that are the basis of the	2615
alleged violation of division (C) of section 2919.21, division	2616
(B)(1) of section 2919.22, section 2919.222, division (B) of	2617
section 2919.23, or section 2919.24 of the Revised Code;	2618

(7) Under the interstate compact on juveniles in section	2619
2151.56 of the Revised Code;	2620

(8) Concerning any child who is to be taken into custody	2621
pursuant to section 2151.31 of the Revised Code, upon being	2622
notified of the intent to take the child into custody and the	2623
reasons for taking the child into custody;	2624

(9) To hear and determine requests for the extension of	2625
temporary custody agreements, and requests for court approval of	2626
permanent custody agreements, that are filed pursuant to section	2627
5103.15 of the Revised Code;	2628

(10) To hear and determine applications for consent to marry	2629
pursuant to section 3101.04 of the Revised Code;	2630

(11) Subject to divisions (G) and (V) of section 2301.03 of	2631
the Revised Code, to hear and determine a request for an order for	2632
the support of any child if the request is not ancillary to an	2633
action for divorce, dissolution of marriage, annulment, or legal	2634
separation, a criminal or civil action involving an allegation of	2635
domestic violence, or an action for support brought under Chapter	2636
3115. of the Revised Code;	2637

(12) Concerning an action commenced under section 121.38 of	2638
the Revised Code;	2639

(13) To hear and determine violations of section 3321.38 of	2640
the Revised Code;	2641

(14) To exercise jurisdiction and authority over the parent,	2642
guardian, or other person having care of a child alleged to be a	2643
delinquent child, unruly child, or juvenile traffic offender,	2644
based on and in relation to the allegation pertaining to the	2645
child;	2646

(15) To conduct the hearings, and to make the determinations,	2647
adjudications, and orders authorized or required under sections	2648
2152.82 to 2152.86 and Chapter 2950. of the Revised Code regarding	2649
a child who has been adjudicated a delinquent child and to refer	2650
the duties conferred upon the juvenile court judge under sections	2651
2152.82 to 2152.86 and Chapter 2950. of the Revised Code to	2652
magistrates appointed by the juvenile court judge in accordance	2653
with Juvenile Rule 40.	2654

(B) Except as provided in divisions (G) and (I) of section	2655
2301.03 of the Revised Code, the juvenile court has original	2656
jurisdiction under the Revised Code:	2657

(1) To hear and determine all cases of misdemeanors charging	2658
adults with any act or omission with respect to any child, which	2659
act or omission is a violation of any state law or any municipal	2660
ordinance;	2661

(2) To determine the paternity of any child alleged to have	2662
been born out of wedlock pursuant to sections 3111.01 to 3111.18	2663
of the Revised Code;	2664

(3) Under the uniform interstate family support act in	2665
Chapter 3115. of the Revised Code;	2666

(4) To hear and determine an application for an order for the	2667
support of any child, if the child is not a ward of another court	2668
of this state;	2669

(5) To hear and determine an action commenced under section	2670
3111.28 of the Revised Code;	2671

(6) To hear and determine a motion filed under section	2672
3119.961 of the Revised Code;	2673

(7) To receive filings under section 3109.74 of the Revised	2674
Code, and to hear and determine actions arising under sections	2675
3109.51 to 3109.80 of the Revised Code.	2676

(8) To enforce an order for the return of a child made under	2677
the Hague Convention on the Civil Aspects of International Child	2678
Abduction pursuant to section 3127.32 of the Revised Code;	2679

(9) To grant any relief normally available under the laws of	2680
this state to enforce a child custody determination made by a	2681
court of another state and registered in accordance with section	2682
3127.35 of the Revised Code.	2683

(C) The juvenile court, except as to juvenile courts that are	2684
a separate division of the court of common pleas or a separate and	2685
independent juvenile court, has jurisdiction to hear, determine,	2686
and make a record of any action for divorce or legal separation	2687
that involves the custody or care of children and that is filed in	2688
the court of common pleas and certified by the court of common	2689
pleas with all the papers filed in the action to the juvenile	2690
court for trial, provided that no certification of that nature	2691
shall be made to any juvenile court unless the consent of the	2692
juvenile judge first is obtained. After a certification of that	2693
nature is made and consent is obtained, the juvenile court shall	2694
proceed as if the action originally had been begun in that court,	2695
except as to awards for spousal support or support due and unpaid	2696
at the time of certification, over which the juvenile court has no	2697
jurisdiction.	2698

(D) The juvenile court, except as provided in divisions (G)	2699
and (I) of section 2301.03 of the Revised Code, has jurisdiction	2700
to hear and determine all matters as to custody and support of	2701
children duly certified by the court of common pleas to the	2702
juvenile court after a divorce decree has been granted, including	2703
jurisdiction to modify the judgment and decree of the court of	2704
common pleas as the same relate to the custody and support of	2705
children.	2706

(E) The juvenile court, except as provided in divisions (G)	2707
and (I) of section 2301.03 of the Revised Code, has jurisdiction	2708
to hear and determine the case of any child certified to the court	2709
by any court of competent jurisdiction if the child comes within	2710
the jurisdiction of the juvenile court as defined by this section.	2711

(F)(1) The juvenile court shall exercise its jurisdiction in	2712
child custody matters in accordance with sections 3109.04 and	2713
3127.01 to 3127.53 of the Revised Code and, as applicable,	2714
sections 5103.20 to 5103.22 or 5103.23 to 5103.237 of the Revised	2715
Code.	2716

(2) The juvenile court shall exercise its jurisdiction in	2717
child support matters in accordance with section 3109.05 of the	2718
Revised Code.	2719

(G) Any juvenile court that makes or modifies an order for	2720
child support shall comply with Chapters 3119., 3121., 3123., and	2721
3125. of the Revised Code. If any person required to pay child	2722
support under an order made by a juvenile court on or after April	2723
15, 1985, or modified on or after December 1, 1986, is found in	2724
contempt of court for failure to make support payments under the	2725
order, the court that makes the finding, in addition to any other	2726
penalty or remedy imposed, shall assess all court costs arising	2727
out of the contempt proceeding against the person and require the	2728
person to pay any reasonable attorney's fees of any adverse party,	2729
as determined by the court, that arose in relation to the act of	2730
contempt.	2731

(H) If a child who is charged with an act that would be an	2732
offense if committed by an adult was fourteen years of age or	2733
older and under eighteen years of age at the time of the alleged	2734
act and if the case is transferred for criminal prosecution	2735
pursuant to section 2152.12 of the Revised Code, the juvenile	2736
court does not have jurisdiction to hear or determine the case	2737
subsequent to the transfer. The court to which the case is	2738
transferred for criminal prosecution pursuant to that section has	2739
jurisdiction subsequent to the transfer to hear and determine the	2740
case in the same manner as if the case originally had been	2741
commenced in that court, including, but not limited to,	2742
jurisdiction to accept a plea of guilty or another plea authorized	2743
by Criminal Rule 11 or another section of the Revised Code and	2744
jurisdiction to accept a verdict and to enter a judgment of	2745
conviction pursuant to the Rules of Criminal Procedure against the	2746
child for the commission of the offense that was the basis of the	2747
transfer of the case for criminal prosecution, whether the	2748
conviction is for the same degree or a lesser degree of the	2749
offense charged, for the commission of a lesser-included offense,	2750
or for the commission of another offense that is different from	2751
the offense charged.	2752

(I) If a person under eighteen years of age allegedly commits	2753
an act that would be a felony if committed by an adult and if the	2754
person is not taken into custody or apprehended for that act until	2755
after the person attains twenty-one years of age, the juvenile	2756
court does not have jurisdiction to hear or determine any portion	2757
of the case charging the person with committing that act. In those	2758
circumstances, divisions (A) and (B) of section 2152.12 of the	2759
Revised Code do not apply regarding the act, and the case charging	2760
the person with committing the act shall be a criminal prosecution	2761
commenced and heard in the appropriate court having jurisdiction	2762
of the offense as if the person had been eighteen years of age or	2763
older when the person committed the act. All proceedings	2764
pertaining to the act shall be within the jurisdiction of the	2765
court having jurisdiction of the offense, and that court has all	2766
the authority and duties in the case that it has in other criminal	2767
cases in that court.	2768

Sec. 2151.24. (A) Except as provided in division (B) of this	2769
section, the board of county commissioners shall provide a special	2770
room not used for the trial of criminal or adult cases, when	2771
available, for the hearing of the cases of ~~dependent, neglected,~~	2772
~~abused,~~children in need of protective services and delinquent	2773
children.	2774

(B) Division (A) of this section does not apply to the case	2775
of an alleged delinquent child when the case is one in which the	2776
prosecuting attorney seeks a serious youthful offender disposition	2777
under section 2152.13 of the Revised Code.	2778

Sec. 2151.27. (A)(1) Subject to division (A)(2) of this	2779
section, any person having knowledge of a child who appears to	2780
have violated section 2151.87 of the Revised Code or, to be a	2781
juvenile traffic offender or, to be an unruly~~, abused, neglected,~~	2782
~~or dependent~~ child, or to be a child in need of protective	2783
services may file a sworn complaint with respect to that child in	2784
the juvenile court of the county in which the child has a	2785
residence or legal settlement or in which the violation,	2786
unruliness, ~~abuse, neglect, or dependency~~or acts or omissions	2787
that indicate that the child is a child in need of protective	2788
services allegedly occurred. If an alleged ~~abused, neglected, or~~	2789
~~dependent~~ child in need of protective services is taken into	2790
custody pursuant to division (D) of section 2151.31 of the Revised	2791
Code or is taken into custody pursuant to division (A) of section	2792
2151.31 of the Revised Code without the filing of a complaint and	2793
placed into shelter care pursuant to division (C) of that section,	2794
a sworn complaint shall be filed with respect to the child before	2795
the end of the next day after the day on which the child was taken	2796
into custody. The sworn complaint may be upon information and	2797
belief, and, in addition to the allegation that the child	2798
committed the violation or, is an unruly~~, abused, neglected, or~~	2799
~~dependent~~ child, or is a child in need of protective services, the	2800
complaint shall allege the particular facts upon which the	2801
allegation ~~that the child committed the violation or is an unruly,~~	2802
~~abused, neglected, or dependent child~~ is based.	2803

(2) Any person having knowledge of a child who appears to be	2804
an unruly child for being an habitual truant may file a sworn	2805
complaint with respect to that child and the parent, guardian, or	2806
other person having care of the child in the juvenile court of the	2807
county in which the child has a residence or legal settlement or	2808
in which the child is supposed to attend public school. The sworn	2809
complaint may be upon information and belief and shall contain the	2810
following allegations:	2811

(a) That the child is an unruly child for being an habitual	2812
truant and, in addition, the particular facts upon which that	2813
allegation is based;	2814

(b) That the parent, guardian, or other person having care of	2815
the child has failed to cause the child's attendance at school in	2816
violation of section 3321.38 of the Revised Code and, in addition,	2817
the particular facts upon which that allegation is based.	2818

(B) If a child, before arriving at the age of eighteen years,	2819
allegedly commits an act for which the child may be adjudicated an	2820
unruly child and if the specific complaint alleging the act is not	2821
filed or a hearing on that specific complaint is not held until	2822
after the child arrives at the age of eighteen years, the court	2823
has jurisdiction to hear and dispose of the complaint as if the	2824
complaint were filed and the hearing held before the child arrived	2825
at the age of eighteen years.	2826

(C) If the complainant in a case in which a child is alleged	2827
to be ~~an abused, neglected, or dependent~~a child in need of	2828
protective services desires permanent custody of the child or	2829
children, temporary custody of the child or children, whether as	2830
the preferred or an alternative disposition, or the placement of	2831
the child in a planned permanent living arrangement, the complaint	2832
shall contain a prayer specifically requesting permanent custody,	2833
temporary custody, or the placement of the child in a planned	2834
permanent living arrangement.	2835

(D) Any person with standing under applicable law may file a	2836
complaint for the determination of any other matter over which the	2837
juvenile court is given jurisdiction by section 2151.23 of the	2838
Revised Code. The complaint shall be filed in the county in which	2839
the child who is the subject of the complaint is found or was last	2840
known to be found.	2841

(E) A public children services agency, acting pursuant to a	2842
complaint or an action on a complaint filed under this section, is	2843
not subject to the requirements of section 3127.23 of the Revised	2844
Code.	2845

(F) Upon the filing of a complaint alleging that a child is	2846
an unruly child, the court may hold the complaint in abeyance	2847
pending the child's successful completion of actions that	2848
constitute a method to divert the child from the juvenile court	2849
system. The method may be adopted by a county pursuant to	2850
divisions (D) and (E) of section 121.37 of the Revised Code or it	2851
may be another method that the court considers satisfactory. If	2852
the child completes the actions to the court's satisfaction, the	2853
court may dismiss the complaint. If the child fails to complete	2854
the actions to the court's satisfaction, the court may consider	2855
the complaint.	2856

Sec. 2151.28. (A) No later than seventy-two hours after the	2857
complaint is filed, the court shall fix a time for an adjudicatory	2858
hearing. The court shall conduct the adjudicatory hearing within	2859
one of the following periods of time:	2860

(1) Subject to division (C) of section 2152.13 of the Revised	2861
Code and division (A)(3) of this section, if the complaint alleged	2862
that the child violated section 2151.87 of the Revised Code or is	2863
a delinquent or unruly child or a juvenile traffic offender, the	2864
adjudicatory hearing shall be held and may be continued in	2865
accordance with the Juvenile Rules.	2866

(2) If the complaint alleged that the child is ~~an abused,~~	2867
~~neglected, or dependent~~a child in need of protective services,	2868
the adjudicatory hearing shall be held no later than thirty days	2869
after the complaint is filed, except that, for good cause shown,	2870
the court may continue the adjudicatory hearing for either of the	2871
following periods of time:	2872

(a) For ten days beyond the thirty-day deadline to allow any	2873
party to obtain counsel;	2874

(b) For a reasonable period of time beyond the thirty-day	2875
deadline to obtain service on all parties or any necessary	2876
evaluation, except that the adjudicatory hearing shall not be held	2877
later than sixty days after the date on which the complaint was	2878
filed.	2879

(3) If the child who is the subject of the complaint is in	2880
detention and is charged with violating a section of the Revised	2881
Code that may be violated by an adult, the hearing shall be held	2882
not later than fifteen days after the filing of the complaint.	2883
Upon a showing of good cause, the adjudicatory hearing may be	2884
continued and detention extended.	2885

(B) At an adjudicatory hearing held pursuant to division	2886
(A)(2) of this section, the court, in addition to determining	2887
whether the child is ~~an abused, neglected, or dependent~~a child in	2888
need of protective services, shall determine whether the child	2889
should remain or be placed in shelter care until the dispositional	2890
hearing. When the court makes the shelter care determination, all	2891
of the following apply:	2892

(1) The court shall determine whether there are any relatives	2893
of the child who are willing to be temporary custodians of the	2894
child. If any relative is willing to be a temporary custodian, the	2895
child otherwise would remain or be placed in shelter care, and the	2896
appointment is appropriate, the court shall appoint the relative	2897
as temporary custodian of the child, unless the court appoints	2898
another relative as custodian. If it determines that the	2899
appointment of a relative as custodian would not be appropriate,	2900
it shall issue a written opinion setting forth the reasons for its	2901
determination and give a copy of the opinion to all parties and	2902
the guardian ad litem of the child.	2903

The court's consideration of a relative for appointment as a	2904
temporary custodian does not make that relative a party to the	2905
proceedings.	2906

(2) The court shall comply with section 2151.419 of the	2907
Revised Code.	2908

(3) The court shall schedule the date for the dispositional	2909
hearing to be held pursuant to section 2151.35 of the Revised	2910
Code. The parents of the child have a right to be represented by	2911
counsel; however, in no case shall the dispositional hearing be	2912
held later than ninety days after the date on which the complaint	2913
was filed.	2914

(C)(1) The court shall direct the issuance of a summons	2915
directed to the child except as provided by this section, the	2916
parents, guardian, custodian, or other person with whom the child	2917
may be, and any other persons that appear to the court to be	2918
proper or necessary parties to the proceedings, requiring them to	2919
appear before the court at the time fixed to answer the	2920
allegations of the complaint. The summons shall contain the name	2921
and telephone number of the court employee designated by the court	2922
pursuant to section 2151.314 of the Revised Code to arrange for	2923
the prompt appointment of counsel for indigent persons. A child	2924
alleged to be ~~an abused, neglected, or dependent~~a child in need	2925
of protective services shall not be summoned unless the court so	2926
directs. A summons issued for a child who is under fourteen years	2927
of age and who is alleged to be a delinquent child, unruly child,	2928
or a juvenile traffic offender shall be served on the parent,	2929
guardian, or custodian of the child in the child's behalf.	2930

If the person who has physical custody of the child, or with	2931
whom the child resides, is other than the parent or guardian, then	2932
the parents and guardian also shall be summoned. A copy of the	2933
complaint shall accompany the summons.	2934

(2) In lieu of appearing before the court at the time fixed	2935
in the summons and prior to the date fixed for appearance in the	2936
summons, a child who is alleged to have violated section 2151.87	2937
of the Revised Code and that child's parent, guardian, or	2938
custodian may sign a waiver of appearance before the clerk of the	2939
juvenile court and pay a fine of one hundred dollars. If the	2940
child and that child's parent, guardian, or custodian do not waive	2941
the court appearance, the court shall proceed with the	2942
adjudicatory hearing as provided in this section.	2943

(D) If the complaint contains a prayer for permanent custody,	2944
temporary custody, whether as the preferred or an alternative	2945
disposition, or a planned permanent living arrangement in a case	2946
involving an alleged ~~abused, neglected, or dependent~~ child in need	2947
of protective services, the summons served on the parents shall	2948
contain as is appropriate an explanation that the granting of	2949
permanent custody permanently divests the parents of their	2950
parental rights and privileges, an explanation that an	2951
adjudication that the child is ~~an abused, neglected, or dependent~~	2952
a child in need of protective services may result in an order of	2953
temporary custody that will cause the removal of the child from	2954
their legal custody until the court terminates the order of	2955
temporary custody or permanently divests the parents of their	2956
parental rights, or an explanation that the issuance of an order	2957
for a planned permanent living arrangement will cause the removal	2958
of the child from the legal custody of the parents if any of the	2959
conditions listed in divisions (A)(5)(a) to (c) of section	2960
2151.353 of the Revised Code are found to exist.	2961

(E)(1) Except as otherwise provided in division (E)(2) of	2962
this section, the court may endorse upon the summons an order	2963
directing the parents, guardian, or other person with whom the	2964
child may be to appear personally at the hearing and directing the	2965
person having the physical custody or control of the child to	2966
bring the child to the hearing.	2967

(2) In cases in which the complaint alleges that a child is	2968
an unruly or delinquent child for being an habitual or chronic	2969
truant and that the parent, guardian, or other person having care	2970
of the child has failed to cause the child's attendance at school,	2971
the court shall endorse upon the summons an order directing the	2972
parent, guardian, or other person having care of the child to	2973
appear personally at the hearing and directing the person having	2974
the physical custody or control of the child to bring the child to	2975
the hearing.	2976

(F)(1) The summons shall contain a statement advising that	2977
any party is entitled to counsel in the proceedings and that the	2978
court will appoint counsel or designate a county public defender	2979
or joint county public defender to provide legal representation if	2980
the party is indigent.	2981

(2) In cases in which the complaint alleges a child to be an	2982
~~abused, neglected, or dependent~~a child in need of protective	2983
services and no hearing has been conducted pursuant to division	2984
(A) of section 2151.314 of the Revised Code with respect to the	2985
child or a parent, guardian, or custodian of the child does not	2986
attend the hearing, the summons also shall contain a statement	2987
advising that a case plan may be prepared for the child, the	2988
general requirements usually contained in case plans, and the	2989
possible consequences of failure to comply with a journalized case	2990
plan.	2991

(G) If it appears from an affidavit filed or from sworn	2992
testimony before the court that the conduct, condition, or	2993
surroundings of the child are endangering the child's health or	2994
welfare or those of others, that the child may abscond or be	2995
removed from the jurisdiction of the court, or that the child will	2996
not be brought to the court, notwithstanding the service of the	2997
summons, the court may endorse upon the summons an order that a	2998
law enforcement officer serve the summons and take the child into	2999
immediate custody and bring the child forthwith to the court.	3000

(H) A party, other than the child, may waive service of	3001
summons by written stipulation.	3002

(I) Before any temporary commitment is made permanent, the	3003
court shall fix a time for hearing in accordance with section	3004
2151.414 of the Revised Code and shall cause notice by summons to	3005
be served upon the parent or guardian of the child and the	3006
guardian ad litem of the child, or published, as provided in	3007
section 2151.29 of the Revised Code. The summons shall contain an	3008
explanation that the granting of permanent custody permanently	3009
divests the parents of their parental rights and privileges.	3010

(J) Any person whose presence is considered necessary and who	3011
is not summoned may be subpoenaed to appear and testify at the	3012
hearing. Anyone summoned or subpoenaed to appear who fails to do	3013
so may be punished, as in other cases in the court of common	3014
pleas, for contempt of court. Persons subpoenaed shall be paid the	3015
same witness fees as are allowed in the court of common pleas.	3016

(K) The failure of the court to hold an adjudicatory hearing	3017
within any time period set forth in division (A)(2) of this	3018
section does not affect the ability of the court to issue any	3019
order under this chapter and does not provide any basis for	3020
attacking the jurisdiction of the court or the validity of any	3021
order of the court.	3022

(L) If the court, at an adjudicatory hearing held pursuant to	3023
division (A) of this section upon a complaint alleging that a	3024
child is ~~an abused, neglected, dependent,~~a child in need of	3025
protective services, a delinquent, or unruly child, or a juvenile	3026
traffic offender, determines that the child is a ~~dependent~~ child	3027
in need of protective services because the child is lacking	3028
necessary care or supervision, as determined in accordance with	3029
section 2151.037 of the Revised Code, the court shall incorporate	3030
that determination into written findings of fact and conclusions	3031
of law and enter those findings of fact and conclusions of law in	3032
the record of the case. The court shall include in those findings	3033
of fact and conclusions of law specific findings as to the	3034
existence of any danger to the child and any underlying family	3035
problems that are the basis for the court's determination that the	3036
child is such a ~~dependent~~ child in need of protective services.	3037

Sec. 2151.281. (A) The court shall appoint a guardian ad	3038
litem, subject to rules adopted by the supreme court, to protect	3039
the interest of a child in any proceeding concerning an alleged or	3040
adjudicated delinquent child or unruly child when either of the	3041
following applies:	3042

(1) The child has no parent, guardian, or legal custodian.

3043

(2) The court finds that there is a conflict of interest	3044
between the child and the child's parent, guardian, or legal	3045
custodian.	3046

(B)(1) The court shall appoint a guardian ad litem, subject	3047
to rules adopted by the supreme court, to protect the interest of	3048
a child in any proceeding concerning ~~an alleged abused or~~	3049
~~neglected~~a child alleged to be a child in need of protective	3050
services and in any proceeding held pursuant to section 2151.414	3051
of the Revised Code. The guardian ad litem so appointed shall not	3052
be the attorney responsible for presenting the evidence alleging	3053
that the child is ~~an abused or neglected~~a child in need of	3054
protective services and shall not be an employee of any party in	3055
the proceeding.	3056

(2) The guardian ad litem appointed for ana child who is	3057
alleged or adjudicated ~~abused or neglected~~to be a child in need	3058
of protective services may bring a civil action against any person	3059
who is required by division (A)(1) or (4) of section 2151.421 of	3060
the Revised Code to file a report ofthat a child ~~abuse or child~~	3061
~~neglect~~is a child in need of protective services that is known or	3062
reasonably suspected or believed to have occurred if that person	3063
knows, or has reasonable cause to suspect or believe based on	3064
facts that would cause a reasonable person in a similar position	3065
to suspect or believe, as applicable, that the child for whom the	3066
guardian ad litem is appointed is the subject of ~~child abuse or~~	3067
~~child neglect~~an act or omission that indicates that a child is a	3068
child in need of protective services and does not file the	3069
required report and if the child suffers any injury or harm as a	3070
result of the ~~child abuse or child neglect~~act or omission that is	3071
known or reasonably suspected or believed to have occurred or	3072
suffers additional injury or harm after the failure to file the	3073
report.	3074

(C) In any proceeding concerning ana child who is alleged or	3075
adjudicated to be a delinquent,or unruly~~, abused, neglected, or~~	3076
~~dependent~~ child or a child in need of protective services in which	3077
the parent appears to be mentally incompetent or is under eighteen	3078
years of age, the court shall appoint a guardian ad litem to	3079
protect the interest of that parent.	3080

(D) The court shall require the guardian ad litem to	3081
faithfully discharge the guardian ad litem's duties and, upon the	3082
guardian ad litem's failure to faithfully discharge the guardian	3083
ad litem's duties, shall discharge the guardian ad litem and	3084
appoint another guardian ad litem. The court may fix the	3085
compensation for the service of the guardian ad litem, which	3086
compensation shall be paid from the treasury of the county,	3087
subject to rules adopted by the supreme court.	3088

(E) A parent who is eighteen years of age or older and not	3089
mentally incompetent shall be deemed sui juris for the purpose of	3090
any proceeding relative to a child of the parent who is alleged or	3091
adjudicated to be ~~an abused, neglected, or dependent~~a child in	3092
need of protective services.	3093

(F) In any case in which a parent of a child alleged or	3094
adjudicated to be ~~an abused, neglected, or dependent~~a child in	3095
need of protective services is under eighteen years of age, the	3096
parents of that parent shall be summoned to appear at any hearing	3097
respecting the child, who is alleged or adjudicated to be an	3098
~~abused, neglected, or dependent~~a child in need of protective	3099
services.	3100

(G) In any case involving an alleged or adjudicated ~~abused or~~	3101
~~neglected~~ child in need of protective services or an agreement for	3102
the voluntary surrender of temporary or permanent custody of a	3103
child that is made in accordance with section 5103.15 of the	3104
Revised Code, the court shall appoint the guardian ad litem in	3105
each case as soon as possible after the complaint is filed, the	3106
request for an extension of the temporary custody agreement is	3107
filed with the court, or the request for court approval of the	3108
permanent custody agreement is filed. ~~In any case involving an~~	3109
~~alleged dependent child in which the parent of the child appears~~	3110
~~to be mentally incompetent or is under eighteen years of age,~~	3111
~~there is a conflict of interest between the child and the child's~~	3112
~~parents, guardian, or custodian, or the court believes that the~~	3113
~~parent of the child is not capable of representing the best~~	3114
~~interest of the child, the court shall appoint a guardian ad litem~~	3115
~~for the child.~~ The guardian ad litem or the guardian ad litem's	3116
replacement shall continue to serve until any of the following	3117
occur:	3118

(1) The complaint is dismissed or the request for an	3119
extension of a temporary custody agreement or for court approval	3120
of the permanent custody agreement is withdrawn or denied;	3121

(2) All dispositional orders relative to the child have	3122
terminated;	3123

(3) The legal custody of the child is granted to a relative	3124
of the child, or to another person;	3125

(4) The child is placed in an adoptive home or, at the	3126
court's discretion, a final decree of adoption is issued with	3127
respect to the child;	3128

(5) The child reaches the age of eighteen if the child is not	3129
mentally retarded, developmentally disabled, or physically	3130
impaired or the child reaches the age of twenty-one if the child	3131
is mentally retarded, developmentally disabled, or physically	3132
impaired;	3133

(6) The guardian ad litem resigns or is removed by the court	3134
and a replacement is appointed by the court.	3135

If a guardian ad litem ceases to serve a child pursuant to	3136
division (G)(4) of this section and the petition for adoption with	3137
respect to the child is denied or withdrawn prior to the issuance	3138
of a final decree of adoption or prior to the date an	3139
interlocutory order of adoption becomes final, the juvenile court	3140
shall reappoint a guardian ad litem for that child. The public	3141
children services agency or private child placing agency with	3142
permanent custody of the child shall notify the juvenile court if	3143
the petition for adoption is denied or withdrawn.	3144

(H) If the guardian ad litem for an alleged or adjudicated	3145
~~abused, neglected, or dependent~~ child in need of protective	3146
services is an attorney admitted to the practice of law in this	3147
state, the guardian ad litem also may serve as counsel to the	3148
ward. Until the supreme court adopts rules regarding service as a	3149
guardian ad litem that regulate conflicts between a person's role	3150
as guardian ad litem and as counsel, if a person is serving as	3151
guardian ad litem and counsel for a child and either that person	3152
or the court finds that a conflict may exist between the person's	3153
roles as guardian ad litem and as counsel, the court shall relieve	3154
the person of duties as guardian ad litem and appoint someone else	3155
as guardian ad litem for the child. If the court appoints a person	3156
who is not an attorney admitted to the practice of law in this	3157
state to be a guardian ad litem, the court also may appoint an	3158
attorney admitted to the practice of law in this state to serve as	3159
counsel for the guardian ad litem.	3160

(I) The guardian ad litem for an alleged or adjudicated	3161
~~abused, neglected, or dependent~~ child in need of protective	3162
services shall perform whatever functions are necessary to protect	3163
the best interest of the child, including, but not limited to,	3164
investigation, mediation, monitoring court proceedings, and	3165
monitoring the services provided the child by the public children	3166
services agency or private child placing agency that has temporary	3167
or permanent custody of the child, and shall file any motions and	3168
other court papers that are in the best interest of the child.	3169

The guardian ad litem shall be given notice of all hearings,	3170
administrative reviews, and other proceedings in the same manner	3171
as notice is given to parties to the action.	3172

(J)(1) When the court appoints a guardian ad litem pursuant	3173
to this section, it shall appoint a qualified volunteer or court	3174
appointed special advocate whenever one is available and the	3175
appointment is appropriate.	3176

(2) Upon request, the department of job and family services	3177
shall provide for the training of volunteer guardians ad litem.	3178

Sec. 2151.282. (A) There is hereby created the Ohio court	3179
appointed special advocate/guardian ad litem (CASA/GAL) study	3180
committee consisting of five members. One member shall be a	3181
representative of the Ohio court appointed special	3182
advocate/guardian ad litem association appointed by the governor	3183
and shall be the chairperson of the committee. One member shall be	3184
a member of the Ohio juvenile judges association, appointed by the	3185
president of the senate. One member shall be a member of the Ohio	3186
state bar association appointed by the speaker of the house of	3187
representatives. One member shall be a representative of the	3188
office of the state public defender appointed by the minority	3189
leader of the senate. One member shall be a representative of the	3190
Ohio county commissioner's association appointed by the minority	3191
leader of the house of representatives. The members of the	3192
committee shall be appointed within sixty days after ~~the effective~~	3193
~~date of this section~~September 29, 2005. The committee shall do	3194
all of the following:	3195

(1) Compile available public data associated with state and	3196
local costs of advocating on behalf of children who have been	3197
found to be ~~abused, neglected, or dependent~~ children in need of	3198
protective services;	3199

(2) Examine the costs in counties that have established and	3200
operated an Ohio CASA/GAL association program, and the costs in	3201
counties that utilize the county public defender, joint county	3202
public defender, or court-appointed counsel, to advocate on behalf	3203
of children who have been found to be ~~abused, neglected, or~~	3204
~~dependent~~ children in need of protective services;	3205

(3) Analyze the total cost of advocating on behalf of	3206
children who have been found to be ~~abused, neglected, or dependent~~	3207
children in need of protective services on a per county basis and	3208
a per child served basis;	3209

(4) Analyze the cost benefit of having an Ohio CASA/GAL	3210
association versus utilizing the county public defender, joint	3211
county public defender, or court-appointed counsel to advocate on	3212
behalf of children who have been found to be ~~abused, neglected, or~~	3213
~~dependent~~ children in need of protective services;	3214

(5) Analyze the advocacy services provided to ~~abused~~	3215
~~children, neglected children, or dependent~~ children in need of	3216
protective services by Ohio CASA/GAL association programs versus	3217
the advocacy services provided to ~~abused, neglected, or dependent~~	3218
children in need of protective services by county public	3219
defenders, joint county public defenders, or court-appointed	3220
counsel.	3221

(B) The Ohio CASA/GAL association shall provide staff for the	3222
Ohio CASA/GAL study committee and shall pay for any expenses	3223
incurred by the study committee. The study committee shall meet	3224
within thirty days after the appointment of the members to the	3225
study committee.	3226

(C) The Ohio CASA/GAL study committee shall prepare a report	3227
containing all relevant data and information that division (A) of	3228
this section requires the study committee to compile, examine, and	3229
analyze. The Ohio CASA/GAL study committee shall deliver a final	3230
copy of the report to the governor, the speaker of the house of	3231
representatives, and the president of the senate on or before July	3232
1, 2007.	3233

Sec. 2151.31. (A) A child may be taken into custody in any	3234
of the following ways:	3235

(1) Pursuant to an order of the court under this chapter or	3236
pursuant to an order of the court upon a motion filed pursuant to	3237
division (B) of section 2930.05 of the Revised Code;	3238

(2) Pursuant to the laws of arrest;

3239

(3) By a law enforcement officer or duly authorized officer	3240
of the court when ~~any of the following conditions are present:~~	3241

~~(a) There~~there are reasonable grounds to believe that ~~the~~	3242
~~child is suffering from illness or injury and is not receiving~~	3243
~~proper care, as described in section 2151.03 of the Revised Code,~~	3244
~~and the child's removal is necessary to prevent immediate or~~	3245
~~threatened physical or emotional harm;~~	3246

~~(b) There are reasonable grounds to believe that the child is~~	3247
~~in immediate danger from the child's surroundings and that the~~	3248
~~child's removal is necessary to prevent immediate or threatened~~	3249
~~physical or emotional harm;~~	3250

~~(c) There are reasonable grounds to believe that~~the child's	3251
parent, guardian, or custodian committed an act or omission that	3252
indicates that the child is a child in need of protective services	3253
or when a parent, guardian, custodian, or other household member	3254
of the child's household has ~~abused or neglected~~caused another	3255
child in the household to become a child in need of protective	3256
services and to believe that the child is in danger of immediate	3257
or threatened physical or emotional harm from that person.	3258

(4) By an enforcement official, as defined in section 4109.01	3259
of the Revised Code, under the circumstances set forth in section	3260
4109.08 of the Revised Code;	3261

(5) By a law enforcement officer or duly authorized officer	3262
of the court when there are reasonable grounds to believe that the	3263
child has run away from the child's parents, guardian, or other	3264
custodian;	3265

(6) By a law enforcement officer or duly authorized officer	3266
of the court when any of the following apply:	3267

(a) There are reasonable grounds to believe that the conduct,	3268
conditions, or surroundings of the child are endangering the	3269
health, welfare, or safety of the child.	3270

(b) A complaint has been filed with respect to the child	3271
under section 2151.27 or 2152.021 of the Revised Code or the child	3272
has been indicted under division (A) of section 2152.13 of the	3273
Revised Code or charged by information as described in that	3274
section and there are reasonable grounds to believe that the child	3275
may abscond or be removed from the jurisdiction of the court.	3276

(c) The child is required to appear in court and there are	3277
reasonable grounds to believe that the child will not be brought	3278
before the court when required.	3279

(d) There are reasonable grounds to believe that the child	3280
committed a delinquent act and that taking the child into custody	3281
is necessary to protect the public interest and safety.	3282

(B)(1) The taking of a child into custody is not and shall	3283
not be deemed an arrest except for the purpose of determining its	3284
validity under the constitution of this state or of the United	3285
States.	3286

(2) Except as provided in division (C) of section 2151.311 of	3287
the Revised Code, a child taken into custody shall not be held in	3288
any state correctional institution, county, multicounty, or	3289
municipal jail or workhouse, or any other place where any adult	3290
convicted of crime, under arrest, or charged with crime is held.	3291

(C)(1) Except as provided in division (C)(2) of this section,	3292
a child taken into custody shall not be confined in a place of	3293
juvenile detention or placed in shelter care prior to the	3294
implementation of the court's final order of disposition, unless	3295
detention or shelter care is required to protect the child from	3296
immediate or threatened physical or emotional harm, because the	3297
child is a danger or threat to one or more other persons and is	3298
charged with violating a section of the Revised Code that may be	3299
violated by an adult, because the child may abscond or be removed	3300
from the jurisdiction of the court, because the child has no	3301
parents, guardian, or custodian or other person able to provide	3302
supervision and care for the child and return the child to the	3303
court when required, or because an order for placement of the	3304
child in detention or shelter care has been made by the court	3305
pursuant to this chapter.	3306

(2) A child alleged to be a delinquent child who is taken	3307
into custody may be confined in a place of juvenile detention	3308
prior to the implementation of the court's final order of	3309
disposition if the confinement is authorized under section 2152.04	3310
of the Revised Code or if the child is alleged to be a serious	3311
youthful offender under section 2152.13 of the Revised Code and is	3312
not released on bond.	3313

(D) Upon receipt of notice from a person that the person	3314
intends to take ana child alleged ~~abused, neglected, or dependent~~	3315
to be a child in need of protective services into custody pursuant	3316
to division (A)(3) of this section, a juvenile judge or a	3317
designated referee may grant by telephone an ex parte emergency	3318
order authorizing the taking of the child into custody if there is	3319
probable cause to believe that ~~any of~~ the conditions set forth in	3320
~~divisions~~division (A)(3)~~(a) to (c)~~ of this section are present.	3321
The judge or referee shall journalize any ex parte emergency order	3322
issued pursuant to this division. If an order is issued pursuant	3323
to this division and the child is taken into custody pursuant to	3324
the order, a sworn complaint shall be filed with respect to the	3325
child before the end of the next business day after the day on	3326
which the child is taken into custody and a hearing shall be held	3327
pursuant to division (E) of this section and the Juvenile Rules. A	3328
juvenile judge or referee shall not grant an emergency order by	3329
telephone pursuant to this division until after the judge or	3330
referee determines that reasonable efforts have been made to	3331
notify the parents, guardian, or custodian of the child that the	3332
child may be placed into shelter care and of the reasons for	3333
placing the child into shelter care, except that, if the	3334
requirement for notification would jeopardize the physical or	3335
emotional safety of the child or result in the child being removed	3336
from the court's jurisdiction, the judge or referee may issue the	3337
order for taking the child into custody and placing the child into	3338
shelter care prior to giving notice to the parents, guardian, or	3339
custodian of the child.	3340

(E) If a judge or referee pursuant to division (D) of this	3341
section issues an ex parte emergency order for taking a child into	3342
custody, the court shall hold a hearing to determine whether there	3343
is probable cause for the emergency order. The hearing shall be	3344
held before the end of the next business day after the day on	3345
which the emergency order is issued, except that it shall not be	3346
held later than seventy-two hours after the emergency order is	3347
issued.	3348

If the court determines at the hearing that there is not	3349
probable cause for the issuance of the emergency order issued	3350
pursuant to division (D) of this section, it shall order the child	3351
released to the custody of the child's parents, guardian, or	3352
custodian. If the court determines at the hearing that there is	3353
probable cause for the issuance of the emergency order issued	3354
pursuant to division (D) of this section, the court shall do all	3355
of the following:	3356

(1) Ensure that a complaint is filed or has been filed;

3357

(2) Comply with section 2151.419 of the Revised Code;

3358

(3) Hold a hearing pursuant to section 2151.314 of the	3359
Revised Code to determine if the child should remain in shelter	3360
care.	3361

(F) If the court determines at the hearing held pursuant to	3362
division (E) of this section that there is probable cause to	3363
believe that the child is ~~an abused~~a child in need of protective	3364
services because the child was sexually harmed, ~~as defined in~~	3365
~~division (A) of section 2151.031 of the Revised Code,~~ the court	3366
may do any of the following:	3367

(1) Upon the motion of any party, the guardian ad litem, the	3368
prosecuting attorney, or an employee of the public children	3369
services agency, or its own motion, issue reasonable protective	3370
orders with respect to the interviewing or deposition of the	3371
child;	3372

(2) Order that the child's testimony be videotaped for	3373
preservation of the testimony for possible use in any other	3374
proceedings in the case;	3375

(3) Set any additional conditions with respect to the child	3376
or the case involving the child that are in the best interest of	3377
the child.	3378

(G) This section is not intended, and shall not be construed,	3379
to prevent any person from taking a child into custody, if taking	3380
the child into custody is necessary in an emergency to prevent the	3381
~~physical injury, emotional harm, or neglect of the~~ child from	3382
becoming a child in need of protective services.	3383

Sec. 2151.312. (A) A child alleged to be or adjudicated an	3384
unruly child may be held only in the following places:	3385

(1) A certified family foster home or a home approved by the	3386
court;	3387

(2) A facility operated by a certified child welfare agency;

3388

(3) Any other suitable place designated by the court.

3389

(B)(1) Except as provided under division (C)(1) of section	3390
2151.311 of the Revised Code, a child alleged to be or adjudicated	3391
a ~~neglected child, an abused child, a dependent~~ child,in need of	3392
protective services or an unruly child may not be held in any of	3393
the following facilities:	3394

(a) A state correctional institution, county, multicounty, or	3395
municipal jail or workhouse, or other place in which an adult	3396
convicted of a crime, under arrest, or charged with a crime is	3397
held;	3398

(b) A secure correctional facility.

3399

(2) Except as provided under sections 2151.26 to 2151.61 of	3400
the Revised Code and division (B)(3) of this section, a child	3401
alleged to be or adjudicated an unruly child may not be held for	3402
more than twenty-four hours in a detention facility. A child	3403
alleged to be or adjudicated a ~~neglected child, an abused child,~~	3404
~~or a dependent~~ child in need of protective services shall not be	3405
held in a detention facility.	3406

(3) A child who is alleged to be or adjudicated an unruly	3407
child and who is taken into custody on a Saturday, Sunday, or	3408
legal holiday, as listed in section 1.14 of the Revised Code, may	3409
be held in a detention facility until the next succeeding day that	3410
is not a Saturday, Sunday, or legal holiday.	3411

Sec. 2151.314. (A) When a child is brought before the court	3412
or delivered to a place of detention or shelter care designated by	3413
the court, the intake or other authorized officer of the court	3414
shall immediately make an investigation and shall release the	3415
child unless it appears that the child's detention or shelter care	3416
is warranted or required under section 2151.31 of the Revised	3417
Code.	3418

If the child is not so released, a complaint under section	3419
2151.27 or 2152.021 or an information under section 2152.13 of the	3420
Revised Code shall be filed or an indictment under division (B) of	3421
section 2152.13 of the Revised Code shall be sought and an	3422
informal detention or shelter care hearing held promptly, not	3423
later than seventy-two hours after the child is placed in	3424
detention or shelter care, to determine whether detention or	3425
shelter care is required. Reasonable oral or written notice of the	3426
time, place, and purpose of the detention or shelter care hearing	3427
shall be given to the child and, if they can be found, to the	3428
child's parents, guardian, or custodian. In cases in which the	3429
complaint alleges a child to be ~~an abused, neglected, or dependent~~	3430
a child in need of protective services, the notice given the	3431
parents, guardian, or custodian shall inform them that a case plan	3432
may be prepared for the child, the general requirements usually	3433
contained in case plans, and the possible consequences of the	3434
failure to comply with a journalized case plan.	3435

Prior to the hearing, the court shall inform the parties of	3436
their right to counsel and to appointed counsel or to the services	3437
of the county public defender or joint county public defender, if	3438
they are indigent, of the child's right to remain silent with	3439
respect to any allegation of delinquency, and of the name and	3440
telephone number of a court employee who can be contacted during	3441
the normal business hours of the court to arrange for the prompt	3442
appointment of counsel for any party who is indigent. Unless it	3443
appears from the hearing that the child's detention or shelter	3444
care is required under the provisions of section 2151.31 of the	3445
Revised Code, the court shall order the child's release as	3446
provided by section 2151.311 of the Revised Code. If a parent,	3447
guardian, or custodian has not been so notified and did not appear	3448
or waive appearance at the hearing, upon the filing of an	3449
affidavit stating these facts, the court shall rehear the matter	3450
without unnecessary delay.	3451

(B) When the court conducts a hearing pursuant to division	3452
(A) of this section, all of the following apply:	3453

(1) The court shall determine whether ~~an alleged abused,~~	3454
~~neglected, or dependent~~a child in need of protective services	3455
should remain or be placed in shelter care;	3456

(2) The court shall determine whether there are any relatives	3457
of the child who are willing to be temporary custodians of the	3458
child. If any relative is willing to be a temporary custodian, the	3459
child would otherwise be placed or retained in shelter care, and	3460
the appointment is appropriate, the court shall appoint the	3461
relative as temporary custodian of the child, unless the court	3462
appoints another relative as temporary custodian. If it determines	3463
that the appointment of a relative as custodian would not be	3464
appropriate, it shall issue a written opinion setting forth the	3465
reasons for its determination and give a copy of the opinion to	3466
all parties and to the guardian ad litem of the child.	3467

The court's consideration of a relative for appointment as a	3468
temporary custodian does not make that relative a party to the	3469
proceedings.	3470

(3) The court shall comply with section 2151.419 of the	3471
Revised Code.	3472

(C) If a child is in shelter care following the filing of a	3473
complaint pursuant to section 2151.27 or 2152.021 of the Revised	3474
Code, the filing of an information, or the obtaining of an	3475
indictment or following a hearing held pursuant to division (A) of	3476
this section, any party, including the public children services	3477
agency, and the guardian ad litem of the child may file a motion	3478
with the court requesting that the child be released from shelter	3479
care. The motion shall state the reasons why the child should be	3480
released from shelter care and, if a hearing has been held	3481
pursuant to division (A) of this section, any changes in the	3482
situation of the child or the parents, guardian, or custodian of	3483
the child that have occurred since that hearing and that justify	3484
the release of the child from shelter care. Upon the filing of the	3485
motion, the court shall hold a hearing in the same manner as under	3486
division (A) of this section.	3487

(D) Each juvenile court shall designate at least one court	3488
employee to assist persons who are indigent in obtaining appointed	3489
counsel. The court shall include in each notice given pursuant to	3490
division (A) or (C) of this section and in each summons served	3491
upon a party pursuant to this chapter, the name and telephone	3492
number at which each designated employee can be contacted during	3493
the normal business hours of the court to arrange for prompt	3494
appointment of counsel for indigent persons.	3495

Sec. 2151.33. (A) Pending hearing of a complaint filed under	3496
section 2151.27 of the Revised Code or a motion filed or made	3497
under division (B) of this section and the service of citations,	3498
the juvenile court may make any temporary disposition of any child	3499
that it considers necessary to protect the best interest of the	3500
child and that can be made pursuant to division (B) of this	3501
section. Upon the certificate of one or more reputable practicing	3502
physicians, the court may summarily provide for emergency medical	3503
and surgical treatment that appears to be immediately necessary to	3504
preserve the health and well-being of any child concerning whom a	3505
complaint or an application for care has been filed, pending the	3506
service of a citation upon the child's parents, guardian, or	3507
custodian. The court may order the parents, guardian, or	3508
custodian, if the court finds the parents, guardian, or custodian	3509
able to do so, to reimburse the court for the expense involved in	3510
providing the emergency medical or surgical treatment. Any person	3511
who disobeys the order for reimbursement may be adjudged in	3512
contempt of court and punished accordingly.	3513

If the emergency medical or surgical treatment is furnished	3514
to a child who is found at the hearing to be a nonresident of the	3515
county in which the court is located and if the expense of the	3516
medical or surgical treatment cannot be recovered from the	3517
parents, legal guardian, or custodian of the child, the board of	3518
county commissioners of the county in which the child has a legal	3519
settlement shall reimburse the court for the reasonable cost of	3520
the emergency medical or surgical treatment out of its general	3521
fund.	3522

(B)(1) After a complaint, petition, writ, or other document	3523
initiating a case dealing with an alleged or adjudicated ~~abused,~~	3524
~~neglected, or dependent~~ child in need of protective services is	3525
filed and upon the filing or making of a motion pursuant to	3526
division (C) of this section, the court, prior to the final	3527
disposition of the case, may issue any of the following temporary	3528
orders to protect the best interest of the child:	3529

(a) An order granting temporary custody of the child to a	3530
particular party;	3531

(b) An order for the taking of the child into custody	3532
pursuant to section 2151.31 of the Revised Code pending the	3533
outcome of the adjudicatory and dispositional hearings;	3534

(c) An order granting, limiting, or eliminating parenting	3535
time or visitation rights with respect to the child;	3536

(d) An order requiring a party to vacate a residence that	3537
will be lawfully occupied by the child;	3538

(e) An order requiring a party to attend an appropriate	3539
counseling program that is reasonably available to that party;	3540

(f) Any other order that restrains or otherwise controls the	3541
conduct of any party which conduct would not be in the best	3542
interest of the child.	3543

(2) Prior to the final disposition of a case subject to	3544
division (B)(1) of this section, the court shall do both of the	3545
following:	3546

(a) Issue an order pursuant to Chapters 3119. to 3125. of	3547
the Revised Code requiring the parents, guardian, or person	3548
charged with the child's support to pay support for the child.	3549

(b) Issue an order requiring the parents, guardian, or person	3550
charged with the child's support to continue to maintain any	3551
health insurance coverage for the child that existed at the time	3552
of the filing of the complaint, petition, writ, or other document,	3553
or to obtain health insurance coverage in accordance with sections	3554
3119.29 to 3119.56 of the Revised Code.	3555

(C)(1) A court may issue an order pursuant to division (B) of	3556
this section upon its own motion or if a party files a written	3557
motion or makes an oral motion requesting the issuance of the	3558
order and stating the reasons for it. Any notice sent by the court	3559
as a result of a motion pursuant to this division shall contain a	3560
notice that any party to a juvenile proceeding has the right to be	3561
represented by counsel and to have appointed counsel if the person	3562
is indigent.	3563

(2) If a child is taken into custody pursuant to section	3564
2151.31 of the Revised Code and placed in shelter care, the public	3565
children services agency or private child placing agency with	3566
which the child is placed in shelter care shall file or make a	3567
motion as described in division (C)(1) of this section before the	3568
end of the next day immediately after the date on which the child	3569
was taken into custody and, at a minimum, shall request an order	3570
for temporary custody under division (B)(1)(a) of this section.	3571

(3) A court that issues an order pursuant to division	3572
(B)(1)(b) of this section shall comply with section 2151.419 of	3573
the Revised Code.	3574

(D) The court may grant an ex parte order upon its own motion	3575
or a motion filed or made pursuant to division (C) of this section	3576
requesting such an order if it appears to the court that the best	3577
interest and the welfare of the child require that the court issue	3578
the order immediately. The court, if acting on its own motion, or	3579
the person requesting the granting of an ex parte order, to the	3580
extent possible, shall give notice of its intent or of the request	3581
to the parents, guardian, or custodian of the child who is the	3582
subject of the request. If the court issues an ex parte order, the	3583
court shall hold a hearing to review the order within seventy-two	3584
hours after it is issued or before the end of the next day after	3585
the day on which it is issued, whichever occurs first. The court	3586
shall give written notice of the hearing to all parties to the	3587
action and shall appoint a guardian ad litem for the child prior	3588
to the hearing.	3589

The written notice shall be given by all means that are	3590
reasonably likely to result in the party receiving actual notice	3591
and shall include all of the following:	3592

(1) The date, time, and location of the hearing;

3593

(2) The issues to be addressed at the hearing;

3594

(3) A statement that every party to the hearing has a right	3595
to counsel and to court-appointed counsel, if the party is	3596
indigent;	3597

(4) The name, telephone number, and address of the person	3598
requesting the order;	3599

(5) A copy of the order, except when it is not possible to	3600
obtain it because of the exigent circumstances in the case.	3601

If the court does not grant an ex parte order pursuant to a	3602
motion filed or made pursuant to division (C) of this section or	3603
its own motion, the court shall hold a shelter care hearing on the	3604
motion within ten days after the motion is filed. The court shall	3605
give notice of the hearing to all affected parties in the same	3606
manner as set forth in the Juvenile Rules.	3607

(E) The court, pending the outcome of the adjudicatory and	3608
dispositional hearings, shall not issue an order granting	3609
temporary custody of a child to a public children services agency	3610
or private child placing agency pursuant to this section, unless	3611
the court determines and specifically states in the order that the	3612
continued residence of the child in the child's current home will	3613
be contrary to the child's best interest and welfare and the court	3614
complies with section 2151.419 of the Revised Code.	3615

(F) Each public children services agency and private child	3616
placing agency that receives temporary custody of a child pursuant	3617
to this section shall maintain in the child's case record written	3618
documentation that it has placed the child, to the extent that it	3619
is consistent with the best interest, welfare, and special needs	3620
of the child, in the most family-like setting available and in	3621
close proximity to the home of the parents, custodian, or guardian	3622
of the child.	3623

(G) For good cause shown, any court order that is issued	3624
pursuant to this section may be reviewed by the court at any time	3625
upon motion of any party to the action or upon the motion of the	3626
court.	3627

Sec. 2151.331. A child alleged to be or adjudicated an	3628
~~abused, neglected, dependent, or~~a child in need of protective	3629
services, an unruly child, or a juvenile traffic offender may be	3630
detained after a complaint is filed in a certified foster home for	3631
a period not exceeding sixty days or until the final disposition	3632
of the case, whichever comes first. The court also may arrange	3633
with a public children services agency or private child placing	3634
agency to receive, or with a private noncustodial agency for	3635
temporary care of, the child within the jurisdiction of the court.	3636
A child alleged to be or adjudicated an unruly child also may be	3637
assigned to an alternative diversion program established by the	3638
court for a period not exceeding sixty days after a complaint is	3639
filed or until final disposition of the case, whichever comes	3640
first.	3641

If the court arranges for the board of a child temporarily	3642
detained in a certified foster home or arranges for the board of a	3643
child through a private child placing agency, the board of county	3644
commissioners shall pay a reasonable sum, which the court shall	3645
fix, for the board of the child. In order to have certified foster	3646
homes available for service, an agreed monthly subsidy may be paid	3647
in addition to a fixed rate per day for care of a child actually	3648
residing in the certified foster home.	3649

Sec. 2151.35. (A)(1) Except as otherwise provided by	3650
division (A)(3) of this section or in section 2152.13 of the	3651
Revised Code, the juvenile court may conduct its hearings in an	3652
informal manner and may adjourn its hearings from time to time.	3653
The court may exclude the general public from its hearings in a	3654
particular case if the court holds a separate hearing to determine	3655
whether that exclusion is appropriate. If the court decides that	3656
exclusion of the general public is appropriate, the court still	3657
may admit to a particular hearing or all of the hearings relating	3658
to a particular case those persons who have a direct interest in	3659
the case and those who demonstrate that their need for access	3660
outweighs the interest in keeping the hearing closed.	3661

Except cases involving children who are alleged to be unruly	3662
or delinquent children for being habitual or chronic truants and	3663
except as otherwise provided in section 2152.13 of the Revised	3664
Code, all cases involving children shall be heard separately and	3665
apart from the trial of cases against adults. The court may excuse	3666
the attendance of the child at the hearing in cases involving	3667
~~abused, neglected, or dependent~~ children in need of protective	3668
services. The court shall hear and determine all cases of children	3669
without a jury, except cases involving serious youthful offenders	3670
under section 2152.13 of the Revised Code.	3671

If a complaint alleges a child to be a delinquent child,	3672
unruly child, or juvenile traffic offender, the court shall	3673
require the parent, guardian, or custodian of the child to attend	3674
all proceedings of the court regarding the child. If a parent,	3675
guardian, or custodian fails to so attend, the court may find the	3676
parent, guardian, or custodian in contempt.	3677

If the court finds from clear and convincing evidence that	3678
the child violated section 2151.87 of the Revised Code, the court	3679
shall proceed in accordance with divisions (F) and (G) of that	3680
section.	3681

In determining whether a child is a child in need of	3682
protective services, the court shall comply with sections 2151.031	3683
to 2151.037 and section 2151.351 of the Revised Code.	3684

If the court at the adjudicatory hearing finds from clear and	3685
convincing evidence that the child is ~~an abused, neglected, or~~	3686
~~dependent~~a child in need of protective services, the court shall	3687
proceed, in accordance with division (B) of this section, to hold	3688
a dispositional hearing and hear the evidence as to the proper	3689
disposition to be made under section 2151.353 of the Revised Code.	3690
If the court at the adjudicatory hearing finds beyond a reasonable	3691
doubt that the child is a delinquent or unruly child or a juvenile	3692
traffic offender, the court shall proceed immediately, or at a	3693
postponed hearing, to hear the evidence as to the proper	3694
disposition to be made under section 2151.354 or Chapter 2152. of	3695
the Revised Code. If the court at the adjudicatory hearing finds	3696
beyond a reasonable doubt that the child is an unruly child for	3697
being an habitual truant, or that the child is an unruly child for	3698
being an habitual truant and that the parent, guardian, or other	3699
person having care of the child has failed to cause the child's	3700
attendance at school in violation of section 3321.38 of the	3701
Revised Code, the court shall proceed to hold a hearing to hear	3702
the evidence as to the proper disposition to be made in regard to	3703
the child under division (C)(1) of section 2151.354 of the Revised	3704
Code and the proper action to take in regard to the parent,	3705
guardian, or other person having care of the child under division	3706
(C)(2) of section 2151.354 of the Revised Code. If the court at	3707
the adjudicatory hearing finds beyond a reasonable doubt that the	3708
child is a delinquent child for being a chronic truant or for	3709
being an habitual truant who previously has been adjudicated an	3710
unruly child for being an habitual truant, or that the child is a	3711
delinquent child for either of those reasons and the parent,	3712
guardian, or other person having care of the child has failed to	3713
cause the child's attendance at school in violation of section	3714
3321.38 of the Revised Code, the court shall proceed to hold a	3715
hearing to hear the evidence as to the proper disposition to be	3716
made in regard to the child under division (A)(7)(a) of section	3717
2152.19 of the Revised Code and the proper action to take in	3718
regard to the parent, guardian, or other person having care of the	3719
child under division (A)(7)(b) of section 2152.19 of the Revised	3720
Code.	3721

If the court does not find the child to have violated section	3722
2151.87 of the Revised Code or, to be ~~an abused, neglected,~~	3723
~~dependent, delinquent, or unruly~~a child in need of protective	3724
services, or a juvenile traffic offender, it shall order that the	3725
case be dismissed and that the child be discharged from any	3726
detention or restriction theretofore ordered.	3727

(2) A record of all testimony and other oral proceedings in	3728
juvenile court shall be made in all proceedings that are held	3729
pursuant to section 2151.414 of the Revised Code or in which an	3730
order of disposition may be made pursuant to division (A)(4) of	3731
section 2151.353 of the Revised Code, and shall be made upon	3732
request in any other proceedings. The record shall be made as	3733
provided in section 2301.20 of the Revised Code.	3734

(3) The authority of a juvenile court to exclude the general	3735
public from its hearings that is provided by division (A)(1) of	3736
this section does not limit or affect any right of a victim of a	3737
crime or delinquent act, or of a victim's representative, under	3738
Chapter 2930. of the Revised Code.	3739

(B)(1) If the court at an adjudicatory hearing determines	3740
that a child is ~~an abused, neglected, or dependent~~a child in need	3741
of protective services, the court shall not issue a dispositional	3742
order until after the court holds a separate dispositional	3743
hearing. The court may hold the dispositional hearing for ana	3744
child adjudicated ~~abused, neglected, or dependent~~to be a child in	3745
need of protective services immediately after the adjudicatory	3746
hearing if all parties were served prior to the adjudicatory	3747
hearing with all documents required for the dispositional hearing.	3748
The dispositional hearing may not be held more than thirty days	3749
after the adjudicatory hearing is held. The court, upon the	3750
request of any party or the guardian ad litem of the child, may	3751
continue a dispositional hearing for a reasonable time not to	3752
exceed the time limits set forth in this division to enable a	3753
party to obtain or consult counsel. The dispositional hearing	3754
shall not be held more than ninety days after the date on which	3755
the complaint in the case was filed.	3756

If the dispositional hearing is not held within the period of	3757
time required by this division, the court, on its own motion or	3758
the motion of any party or the guardian ad litem of the child,	3759
shall dismiss the complaint without prejudice.	3760

(2) The dispositional hearing shall be conducted in	3761
accordance with all of the following:	3762

(a) The judge or referee who presided at the adjudicatory	3763
hearing shall preside, if possible, at the dispositional hearing;	3764

(b) The court may admit any evidence that is material and	3765
relevant, including, but not limited to, hearsay, opinion, and	3766
documentary evidence;	3767

(c) Medical examiners and each investigator who prepared a	3768
social history shall not be cross-examined, except upon consent of	3769
the parties, for good cause shown, or as the court in its	3770
discretion may direct. Any party may offer evidence supplementing,	3771
explaining, or disputing any information contained in the social	3772
history or other reports that may be used by the court in	3773
determining disposition.	3774

(3) After the conclusion of the dispositional hearing, the	3775
court shall enter an appropriate judgment within seven days and	3776
shall schedule the date for the hearing to be held pursuant to	3777
section 2151.415 of the Revised Code. The court may make any order	3778
of disposition that is set forth in section 2151.353 of the	3779
Revised Code. A copy of the judgment shall be given to each party	3780
and to the child's guardian ad litem. If the judgment is	3781
conditional, the order shall state the conditions of the judgment.	3782
If the child is not returned to the child's own home, the court	3783
shall determine which school district shall bear the cost of the	3784
child's education and shall comply with section 2151.36 of the	3785
Revised Code.	3786

(4) As part of its dispositional order, the court may issue	3787
any order described in division (B) of section 2151.33 of the	3788
Revised Code.	3789

(C) The court shall give all parties to the action and the	3790
child's guardian ad litem notice of the adjudicatory and	3791
dispositional hearings in accordance with the Juvenile Rules.	3792

(D) If the court issues an order pursuant to division (A)(4)	3793
of section 2151.353 of the Revised Code committing a child to the	3794
permanent custody of a public children services agency or a	3795
private child placing agency, the parents of the child whose	3796
parental rights were terminated cease to be parties to the action	3797
upon the issuance of the order. This division is not intended to	3798
eliminate or restrict any right of the parents to appeal the	3799
permanent custody order issued pursuant to division (A)(4) of	3800
section 2151.353 of the Revised Code.	3801

(E) Each juvenile court shall schedule its hearings in	3802
accordance with the time requirements of this chapter.	3803

(F) In cases regarding ~~abused, neglected, or dependent~~	3804
children in need of protective services, the court may admit any	3805
statement of a child that the court determines to be excluded by	3806
the hearsay rule if the proponent of the statement informs the	3807
adverse party of the proponent's intention to offer the statement	3808
and of the particulars of the statement, including the name of the	3809
declarant, sufficiently in advance of the hearing to provide the	3810
party with a fair opportunity to prepare to challenge, respond to,	3811
or defend against the statement, and the court determines all of	3812
the following:	3813

(1) The statement has circumstantial guarantees of	3814
trustworthiness;	3815

(2) The statement is offered as evidence of a material fact;

3816

(3) The statement is more probative on the point for which it	3817
is offered than any other evidence that the proponent can procure	3818
through reasonable efforts;	3819

(4) The general purposes of the evidence rules and the	3820
interests of justice will best be served by the admission of the	3821
statement into evidence.	3822

(G) If a child is alleged to be ~~an abused~~a child in need of	3823
protective services, the court may order that the testimony of the	3824
child be taken by deposition. On motion of the prosecuting	3825
attorney, guardian ad litem, or any party, or in its own	3826
discretion, the court may order that the deposition be videotaped.	3827
Any deposition taken under this division shall be taken with a	3828
judge or referee present.	3829

If a deposition taken under this division is intended to be	3830
offered as evidence at the hearing, it shall be filed with the	3831
court. Part or all of the deposition is admissible in evidence if	3832
counsel for all parties had an opportunity and similar motive at	3833
the time of the taking of the deposition to develop the testimony	3834
by direct, cross, or redirect examination and the judge determines	3835
that there is reasonable cause to believe that if the child were	3836
to testify in person at the hearing, the child would experience	3837
emotional trauma as a result of participating at the hearing.	3838

Sec. 2151.351. (A) A court may adjudicate a child to be a	3839
child in need of protective services only if it finds from clear	3840
and convincing evidence that the physical, sexual, or emotional	3841
harm or substantial risk of physical, sexual, or emotional harm to	3842
a child, exposure to substance misuse, or lack of necessary	3843
health care, legally required education, or necessary care or	3844
supervision resulted from an act or omission by a parent, legal	3845
guardian, or legal custodian of the child.	3846

(B) Evidence provided to support an allegation that a child	3847
is in need of protective services may be relevant to more than one	3848
category listed in the definition of "child in need of protective	3849
services" and may justify an adjudication of a child as a child	3850
in need of protective services regardless of the category or	3851
categories under which the case was initiated.	3852

If a court finds that there is no credible explanation for	3853
harm to a child or that the explanation given for any harm is at	3854
variance with the nature of the harm, the court may hold that the	3855
finding, by itself, constitutes clear and convincing evidence	3856
sufficient to support an adjudication that the child is a child in	3857
need of protective services.	3858

(C) A child may be adjudicated a child in need of protective	3859
services due to one or more acts or omissions of a person other	3860
than the child's parent, legal custodian, or legal guardian, if	3861
the child's parent, legal guardian, or legal custodian has done	3862
any of the following:	3863

(1) Required, directed, coerced, encouraged, or permitted the	3864
child to become a child in need of protective services;	3865

(2) Knowingly or negligently failed to prevent the child from	3866
becoming a child in need of protective services;	3867

(3) Knowingly or negligently placed the child at substantial	3868
risk of becoming a child in need of protective services;	3869

(4) Placed the child with a long-term caregiver through a	3870
legally recognized mechanism, and the child became or was at	3871
substantial risk of becoming a child in need of protective	3872
services.	3873

Sec. 2151.353. (A) If a child is adjudicated ~~an abused,~~	3874
~~neglected, or dependent~~a child in need of protective services,	3875
the court may make any of the following orders of disposition:	3876

(1) Place the child in protective supervision;

3877

(2) Commit the child to the temporary custody of a public	3878
children services agency, a private child placing agency, either	3879
parent, a relative residing within or outside the state, or a	3880
probation officer for placement in a certified foster home, or in	3881
any other home approved by the court;	3882

(3) Award legal custody of the child to either parent or to	3883
any other person who, prior to the dispositional hearing, files a	3884
motion requesting legal custody of the child or is identified as a	3885
proposed legal custodian in a complaint or motion filed prior to	3886
the dispositional hearing by any party to the proceedings. A	3887
person identified in a complaint or motion filed by a party to the	3888
proceedings as a proposed legal custodian shall be awarded legal	3889
custody of the child only if the person identified signs a	3890
statement of understanding for legal custody that contains at	3891
least the following provisions:	3892

(a) That it is the intent of the person to become the legal	3893
custodian of the child and the person is able to assume legal	3894
responsibility for the care and supervision of the child;	3895

(b) That the person understands that legal custody of the	3896
child in question is intended to be permanent in nature and that	3897
the person will be responsible as the custodian for the child	3898
until the child reaches the age of majority. Responsibility as	3899
custodian for the child shall continue beyond the age of majority	3900
if, at the time the child reaches the age of majority, the child	3901
is pursuing a diploma granted by the board of education or other	3902
governing authority, successful completion of the curriculum of	3903
any high school, successful completion of an individualized	3904
education program developed for the student by any high school, or	3905
an age and schooling certificate. Responsibility beyond the age of	3906
majority shall terminate when the child ceases to continuously	3907
pursue such an education, completes such an education, or is	3908
excused from such an education under standards adopted by the	3909
state board of education, whichever occurs first.	3910

(c) That the parents of the child have residual parental	3911
rights, privileges, and responsibilities, including, but not	3912
limited to, the privilege of reasonable visitation, consent to	3913
adoption, the privilege to determine the child's religious	3914
affiliation, and the responsibility for support;	3915

(d) That the person understands that the person must be	3916
present in court for the dispositional hearing in order to affirm	3917
the person's intention to become legal custodian, to affirm that	3918
the person understands the effect of the custodianship before the	3919
court, and to answer any questions that the court or any parties	3920
to the case may have.	3921

(4) Commit the child to the permanent custody of a public	3922
children services agency or private child placing agency, if the	3923
court determines in accordance with division (E) of section	3924
2151.414 of the Revised Code that the child cannot be placed with	3925
one of the child's parents within a reasonable time or should not	3926
be placed with either parent and determines in accordance with	3927
division (D)(1) of section 2151.414 of the Revised Code that the	3928
permanent commitment is in the best interest of the child. If the	3929
court grants permanent custody under this division, the court,	3930
upon the request of any party, shall file a written opinion	3931
setting forth its findings of fact and conclusions of law in	3932
relation to the proceeding.	3933

(5) Place the child in a planned permanent living	3934
arrangement with a public children services agency or private	3935
child placing agency, if a public children services agency or	3936
private child placing agency requests the court to place the	3937
child in a planned permanent living arrangement and if the court	3938
finds, by clear and convincing evidence, that a planned permanent	3939
living arrangement is in the best interest of the child and that	3940
one of the following exists:	3941

(a) The child, because of physical, mental, or psychological	3942
problems or needs, is unable to function in a family-like setting	3943
and must remain in residential or institutional care now and for	3944
the foreseeable future beyond the date of the dispositional	3945
hearing held pursuant to section 2151.35 of the Revised Code.	3946

(b) The parents of the child have significant physical,	3947
mental, or psychological problems and are unable to care for the	3948
child because of those problems, adoption is not in the best	3949
interest of the child, as determined in accordance with division	3950
(D)(1) of section 2151.414 of the Revised Code, and the child	3951
retains a significant and positive relationship with a parent or	3952
relative.	3953

(c) The child is sixteen years of age or older, has been	3954
counseled on the permanent placement options available to the	3955
child, is unwilling to accept or unable to adapt to a permanent	3956
placement, and is in an agency program preparing the child for	3957
independent living.	3958

(6) Order the removal from the child's home until further	3959
order of the court of the person who committed ~~abuse as described~~	3960
~~in section 2151.031 of the Revised Code against~~the acts or	3961
omissions that resulted in the child~~, who caused or allowed the~~	3962
~~child to suffer neglect as described in section 2151.03 of the~~	3963
~~Revised Code, or who is the parent, guardian, or custodian of a~~	3964
~~child who is adjudicated a dependent child~~becoming a child in	3965
need of protective services and order any person not to have	3966
contact with the child or the child's siblings.	3967

(B) No order for permanent custody or temporary custody of a	3968
child or the placement of a child in a planned permanent living	3969
arrangement shall be made pursuant to this section unless the	3970
complaint alleging that the ~~abuse, neglect, or dependency~~child is	3971
a child in need of protective services contains a prayer	3972
requesting permanent custody, temporary custody, or the placement	3973
of the child in a planned permanent living arrangement as	3974
desired, the summons served on the parents of the child contains	3975
as is appropriate a full explanation that the granting of an	3976
order for permanent custody permanently divests them of their	3977
parental rights, a full explanation that an adjudication that the	3978
child is ~~an abused, neglected, or dependent~~a child in need of	3979
protective services may result in an order of temporary custody	3980
that will cause the removal of the child from their legal custody	3981
until the court terminates the order of temporary custody or	3982
permanently divests the parents of their parental rights, or a	3983
full explanation that the granting of an order for a planned	3984
permanent living arrangement will result in the removal of the	3985
child from their legal custody if any of the conditions listed in	3986
divisions (A)(5)(a) to (c) of this section are found to exist,	3987
and the summons served on the parents contains a full explanation	3988
of their right to be represented by counsel and to have counsel	3989
appointed pursuant to Chapter 120. of the Revised Code if they	3990
are indigent.	3991

If after making disposition as authorized by division (A)(2)	3992
of this section, a motion is filed that requests permanent custody	3993
of the child, the court may grant permanent custody of the child	3994
to the movant in accordance with section 2151.414 of the Revised	3995
Code.	3996

(C) If the court issues an order for protective supervision	3997
pursuant to division (A)(1) of this section, the court may place	3998
any reasonable restrictions upon the child, the child's parents,	3999
guardian, or custodian, or any other person, including, but not	4000
limited to, any of the following:	4001

(1) Order a party, within forty-eight hours after the	4002
issuance of the order, to vacate the child's home indefinitely or	4003
for a specified period of time;	4004

(2) Order a party, a parent of the child, or a physical	4005
custodian of the child to prevent any particular person from	4006
having contact with the child;	4007

(3) Issue an order restraining or otherwise controlling the	4008
conduct of any person which conduct would not be in the best	4009
interest of the child.	4010

(D) As part of its dispositional order, the court shall	4011
journalize a case plan for the child. The journalized case plan	4012
shall not be changed except as provided in section 2151.412 of the	4013
Revised Code.	4014

(E)(1) The court shall retain jurisdiction over any child for	4015
whom the court issues an order of disposition pursuant to division	4016
(A) of this section or pursuant to section 2151.414 or 2151.415 of	4017
the Revised Code until the child attains the age of eighteen years	4018
if the child is not mentally retarded, developmentally disabled,	4019
or physically impaired, the child attains the age of twenty-one	4020
years if the child is mentally retarded, developmentally disabled,	4021
or physically impaired, or the child is adopted and a final	4022
decree of adoption is issued, except that the court may retain	4023
jurisdiction over the child and continue any order of disposition	4024
under division (A) of this section or under section 2151.414 or	4025
2151.415 of the Revised Code for a specified period of time to	4026
enable the child to graduate from high school or vocational	4027
school. The court shall make an entry continuing its jurisdiction	4028
under this division in the journal.	4029

(2) Any public children services agency, any private child	4030
placing agency, the department of job and family services, or any	4031
party, other than any parent whose parental rights with respect to	4032
the child have been terminated pursuant to an order issued under	4033
division (A)(4) of this section, by filing a motion with the	4034
court, may at any time request the court to modify or terminate	4035
any order of disposition issued pursuant to division (A) of this	4036
section or section 2151.414 or 2151.415 of the Revised Code. The	4037
court shall hold a hearing upon the motion as if the hearing were	4038
the original dispositional hearing and shall give all parties to	4039
the action and the guardian ad litem notice of the hearing	4040
pursuant to the Juvenile Rules. If applicable, the court shall	4041
comply with section 2151.42 of the Revised Code.	4042

(F) Any temporary custody order issued pursuant to division	4043
(A) of this section shall terminate one year after the earlier of	4044
the date on which the complaint in the case was filed or the child	4045
was first placed into shelter care, except that, upon the filing	4046
of a motion pursuant to section 2151.415 of the Revised Code, the	4047
temporary custody order shall continue and not terminate until	4048
the court issues a dispositional order under that section. In	4049
resolving the motion, the court shall not order an existing	4050
temporary custody order to continue beyond two years after the	4051
date on which the complaint was filed or the child was first	4052
placed into shelter care, whichever date is earlier, regardless of	4053
whether any extensions have been previously ordered pursuant to	4054
division (D) of section 2151.415 of the Revised Code.	4055

(G)(1) No later than one year after the earlier of the date	4056
the complaint in the case was filed or the child was first placed	4057
in shelter care, a party may ask the court to extend an order for	4058
protective supervision for six months or to terminate the order.	4059
A party requesting extension or termination of the order shall	4060
file a written request for the extension or termination with the	4061
court and give notice of the proposed extension or termination in	4062
writing before the end of the day after the day of filing it to	4063
all parties and the child's guardian ad litem. If a public	4064
children services agency or private child placing agency requests	4065
termination of the order, the agency shall file a written status	4066
report setting out the facts supporting termination of the order	4067
at the time it files the request with the court. If no party	4068
requests extension or termination of the order, the court shall	4069
notify the parties that the court will extend the order for six	4070
months or terminate it and that it may do so without a hearing	4071
unless one of the parties requests a hearing. All parties and the	4072
guardian ad litem shall have seven days from the date a notice is	4073
sent pursuant to this division to object to and request a hearing	4074
on the proposed extension or termination.	4075

(a) If it receives a timely request for a hearing, the court	4076
shall schedule a hearing to be held no later than thirty days	4077
after the request is received by the court. The court shall give	4078
notice of the date, time, and location of the hearing to all	4079
parties and the guardian ad litem. At the hearing, the court	4080
shall determine whether extension or termination of the order is	4081
in the child's best interest. If termination is in the child's	4082
best interest, the court shall terminate the order. If extension	4083
is in the child's best interest, the court shall extend the order	4084
for six months.	4085

(b) If it does not receive a timely request for a hearing,	4086
the court may extend the order for six months or terminate it	4087
without a hearing and shall journalize the order of extension or	4088
termination not later than fourteen days after receiving the	4089
request for extension or termination or after the date the court	4090
notifies the parties that it will extend or terminate the order.	4091
If the court does not extend or terminate the order, it shall	4092
schedule a hearing to be held no later than thirty days after the	4093
expiration of the applicable fourteen-day time period and give	4094
notice of the date, time, and location of the hearing to all	4095
parties and the child's guardian ad litem. At the hearing, the	4096
court shall determine whether extension or termination of the	4097
order is in the child's best interest. If termination is in the	4098
child's best interest, the court shall terminate the order. If	4099
extension is in the child's best interest, the court shall issue	4100
an order extending the order for protective supervision six	4101
months.	4102

(2) If the court grants an extension of the order for	4103
protective supervision pursuant to division (G)(1) of this	4104
section, a party may, prior to termination of the extension, file	4105
with the court a request for an additional extension of six months	4106
or for termination of the order. The court and the parties shall	4107
comply with division (G)(1) of this section with respect to	4108
extending or terminating the order.	4109

(3) If a court grants an extension pursuant to division	4110
(G)(2) of this section, the court shall terminate the order for	4111
protective supervision at the end of the extension.	4112

(H) The court shall not issue a dispositional order pursuant	4113
to division (A) of this section that removes a child from the	4114
child's home unless the court complies with section 2151.419 of	4115
the Revised Code and includes in the dispositional order the	4116
findings of fact required by that section.	4117

(I) If a motion or application for an order described in	4118
division (A)(6) of this section is made, the court shall not issue	4119
the order unless, prior to the issuance of the order, it provides	4120
to the person all of the following:	4121

(1) Notice and a copy of the motion or application;

4122

(2) The grounds for the motion or application;

4123

(3) An opportunity to present evidence and witnesses at a	4124
hearing regarding the motion or application;	4125

(4) An opportunity to be represented by counsel at the	4126
hearing.	4127

(J) The jurisdiction of the court shall terminate one year	4128
after the date of the award or, if the court takes any further	4129
action in the matter subsequent to the award, the date of the	4130
latest further action subsequent to the award, if the court awards	4131
legal custody of a child to either of the following:	4132

(1) A legal custodian who, at the time of the award of legal	4133
custody, resides in a county of this state other than the county	4134
in which the court is located;	4135

(2) A legal custodian who resides in the county in which the	4136
court is located at the time of the award of legal custody, but	4137
moves to a different county of this state prior to one year after	4138
the date of the award or, if the court takes any further action in	4139
the matter subsequent to the award, one year after the date of the	4140
latest further action subsequent to the award.	4141

The court in the county in which the legal custodian resides	4142
then shall have jurisdiction in the matter.	4143

Sec. 2151.359. (A)(1) In any proceeding in which a child has	4144
been adjudicated an unruly~~, abused, neglected, or dependent~~ child	4145
or a child in need of protective services, on the application of a	4146
party, or on the court's own motion, the court may make an order	4147
restraining or otherwise controlling the conduct of any parent,	4148
guardian, or other custodian in the relationship of that	4149
individual to the child if the court finds that an order of that	4150
type is necessary to do either of the following:	4151

(a) Control any conduct or relationship that will be	4152
detrimental or harmful to the child.	4153

(b) Control any conduct or relationship that will tend to	4154
defeat the execution of the order of disposition made or to be	4155
made.	4156

(2) The court shall give due notice of the application or	4157
motion under division (A) of this section, the grounds for the	4158
application or motion, and an opportunity to be heard to the	4159
person against whom an order under this division is directed. The	4160
order may include a requirement that the child's parent, guardian,	4161
or other custodian enter into a recognizance with sufficient	4162
surety, conditioned upon the faithful discharge of any conditions	4163
or control required by the court.	4164

(B) The authority to make an order under division (A) of this	4165
section and any order made under that authority is in addition to	4166
the authority to make an order pursuant to division (C)(2) of	4167
section 2151.354 or division (A)(7)(b) of section 2152.19 of the	4168
Revised Code and to any order made under either division.	4169

(C) A person's failure to comply with any order made by the	4170
court under this section is contempt of court under Chapter 2705.	4171
of the Revised Code.	4172

Sec. 2151.3514. (A) As used in this section:

4173

(1) "Alcohol and drug addiction program" has the same meaning	4174
as in section 3793.01 of the Revised Code;	4175

(2) "Chemical dependency" means either of the following:

4176

(a) The chronic and habitual use of alcoholic beverages to	4177
the extent that the user no longer can control the use of alcohol	4178
or endangers the user's health, safety, or welfare or that of	4179
others;	4180

(b) The use of a drug of abuse to the extent that the user	4181
becomes physically or psychologically dependent on the drug or	4182
endangers the user's health, safety, or welfare or that of others.	4183

(3) "Drug of abuse" has the same meaning as in section	4184
3719.011 of the Revised Code.	4185

(4) "Medicaid" means the program established under Chapter	4186
5111. of the Revised Code.	4187

(B) If the juvenile court issues an order of temporary	4188
custody or protective supervision under division (A) of section	4189
2151.353 of the Revised Code with respect to a child adjudicated	4190
to be ~~an abused, neglected, or dependent~~a child in need of	4191
protective services and the alcohol or other drug addiction of a	4192
parent or other caregiver of the child was the basis for the	4193
adjudication ~~of abuse, neglect, or dependency~~, the court shall	4194
issue an order requiring the parent or other caregiver to submit	4195
to an assessment and, if needed, treatment from an alcohol and	4196
drug addiction program certified by the department of alcohol and	4197
drug addiction services. The court may order the parent or other	4198
caregiver to submit to alcohol or other drug testing during,	4199
after, or both during and after, the treatment. The court shall	4200
send any order issued pursuant to this division to the public	4201
children services agency that serves the county in which the court	4202
is located for use as described in section 340.15 of the Revised	4203
Code.	4204

(C) Any order requiring alcohol or other drug testing that is	4205
issued pursuant to division (B) of this section shall require one	4206
alcohol or other drug test to be conducted each month during a	4207
period of twelve consecutive months beginning the month	4208
immediately following the month in which the order for alcohol or	4209
other drug testing is issued. Arrangements for administering the	4210
alcohol or other drug tests, as well as funding the costs of the	4211
tests, shall be locally determined in accordance with sections	4212
340.033 and 340.15 of the Revised Code. If a parent or other	4213
caregiver required to submit to alcohol or other drug tests under	4214
this section is not a recipient of medicaid, the agency that	4215
refers the parent or caregiver for the tests may require the	4216
parent or caregiver to reimburse the agency for the cost of	4217
conducting the tests.	4218

(D) The certified alcohol and drug addiction program that	4219
conducts any alcohol or other drug tests ordered in accordance	4220
with divisions (B) and (C) of this section shall send the results	4221
of the tests, along with the program's recommendations as to the	4222
benefits of continued treatment, to the court and to the public	4223
children services agency providing services to the involved	4224
family, according to federal regulations set forth in 42 C.F.R.	4225
Part 2, and division (B) of section 340.15 of the Revised Code.	4226
The court shall consider the results and the recommendations sent	4227
to it under this division in any adjudication or review by the	4228
court, according to section 2151.353, 2151.414, or 2151.419 of the	4229
Revised Code.	4230

Sec. 2151.3517. (A) On taking possession of a child pursuant	4231
to section 2151.3516 of the Revised Code, a law enforcement	4232
agency, hospital, or emergency medical service organization shall	4233
do all the following:	4234

(1) Perform any act necessary to protect the child's health	4235
or safety;	4236

(2) Notify the public children services agency of the county	4237
in which the agency, hospital, or organization is located that the	4238
child has been taken into possession;	4239

(3) If possible, make available to the parent who delivered	4240
the child forms developed under section 2151.3529 of the Revised	4241
Code that are designed to gather medical information concerning	4242
the child and the child's parents;	4243

(4) If possible, make available to the parent who delivered	4244
the child written materials developed under section 2151.3529 of	4245
the Revised Code that describe services available to assist	4246
parents and newborns;	4247

(5) If the child has suffered a physical or mental wound,	4248
injury, disability, or condition of a nature that reasonably	4249
indicates ~~abuse or neglect of~~that the child is in need of	4250
protective services, attempt to identify and pursue the person who	4251
delivered the child.	4252

(B) An emergency medical service worker who takes possession	4253
of a child shall, in addition to any act performed under division	4254
(A)(1) of this section, perform any medical service the worker is	4255
authorized to perform that is necessary to protect the physical	4256
health or safety of the child.	4257

Sec. 2151.3520. If a juvenile court adjudicates a child a	4258
deserted child, the court shall commit the child to the temporary	4259
custody of a public children services agency or a private child	4260
placing agency. The court shall consider the order committing the	4261
child to the temporary custody of the agency to be an order of	4262
disposition issued under division (A)(2) of section 2151.353 of	4263
the Revised Code with respect to a child adjudicated a ~~neglected~~	4264
child in need of protective services.	4265

Sec. 2151.3521. A court that issues an order pursuant to	4266
section 2151.3520 of the Revised Code shall treat the child who is	4267
the subject of the order the same as a child adjudicated a	4268
~~neglected~~ child in need of protective services when performing	4269
duties under Chapter 2151. of the Revised Code with respect to the	4270
child, except that there is a rebuttable presumption that it is	4271
not in the child's best interest to return the child to the	4272
natural parents.	4273

Sec. 2151.3522. A public children services agency or private	4274
child placing agency that receives temporary custody of a child	4275
adjudicated a deserted child shall prepare case plans, conduct	4276
investigations, conduct periodic administrative reviews of case	4277
plans, and provide services for the deserted child as if the child	4278
were adjudicated a ~~neglected~~ child in need of protective services	4279
and shall follow the same procedures under this chapter in	4280
performing those functions as if the deserted child was a	4281
~~neglected~~ child in need of protective services.	4282

Sec. 2151.3523. (A) A parent does not commit a criminal	4283
offense under the laws of this state and shall not be subject to	4284
criminal prosecution in this state for the act of voluntarily	4285
delivering a child under section 2151.3516 of the Revised Code.	4286

(B) A person who delivers or attempts to deliver a child who	4287
has suffered any physical or mental wound, injury, disability, or	4288
condition of a nature that reasonably indicates ~~abuse or neglect~~	4289
ofthat the child is a child in need of protective services is not	4290
immune from civil or criminal liability for ~~abuse or neglect~~the	4291
wound, injury, disability, or condition.	4292

(C) A person or governmental entity that takes possession of	4293
a child pursuant to section 2151.3516 of the Revised Code or takes	4294
emergency temporary custody of and provides temporary emergency	4295
care for a child pursuant to section 2151.3518 of the Revised Code	4296
is immune from any civil liability that might otherwise be	4297
incurred or imposed as a result of these actions, unless the	4298
person or entity has acted in bad faith or with malicious purpose.	4299
The immunity provided by this division does not apply if the	4300
person or governmental entity has immunity from civil liability	4301
under section 9.86, 2744.02, or 2744.03 of the Revised Code for	4302
the action in question.	4303

(D) A person or governmental entity that takes possession of	4304
a child pursuant to section 2151.3516 of the Revised Code or takes	4305
emergency temporary custody of and provides temporary emergency	4306
care for a child pursuant to section 2151.3518 of the Revised Code	4307
is immune from any criminal liability that might otherwise be	4308
incurred or imposed as a result of these actions, unless the	4309
person or entity has acted in bad faith or with malicious purpose.	4310

(E) Divisions (C) and (D) of this section do not create a new	4311
cause of action or substantive legal right against a person or	4312
governmental entity, and do not affect any immunities from civil	4313
liability or defenses established by another section of the	4314
Revised Code or available at common law, to which a person or	4315
governmental entity may be entitled under circumstances not	4316
covered by this section.	4317

Sec. 2151.3524. (A) A parent who voluntarily delivers a	4318
child under section 2151.3516 of the Revised Code has the absolute	4319
right to remain anonymous. The anonymity of a parent who	4320
voluntarily delivers a child does not affect any duty imposed	4321
under sections 2151.3516 or 2151.3517 of the Revised Code. A	4322
parent who voluntarily delivers a child may leave the place at	4323
which the parent delivers the child at any time after the delivery	4324
of the child.	4325

(B) Notwithstanding division (A) of this section, a parent	4326
who delivers or attempts to deliver a child who has suffered any	4327
physical or mental wound, injury, disability, or condition of a	4328
nature that reasonably indicates ~~abuse or neglect of~~ the child is	4329
a child in need of protective services does not have the right to	4330
remain anonymous and may be subject to arrest pursuant to Chapter	4331
2935. of the Revised Code.	4332

Sec. 2151.3527. (A) No person described in section 2151.3516	4333
of the Revised Code shall do the following with respect to a	4334
parent who voluntarily delivers a child under that section:	4335

(1) Coerce or otherwise try to force the parent into	4336
revealing the identity of the child's parents;	4337

(2) Pursue or follow the parent after the parent leaves the	4338
place at which the child was delivered;	4339

(3) Coerce or otherwise try to force the parent not to desert	4340
the child;	4341

(4) Coerce or otherwise try to force the parent to complete	4342
all or any part of the medical information forms received under	4343
division (A)(3) of section 2151.3517 of the Revised Code;	4344

(5) Coerce or otherwise try to force the parent to accept the	4345
materials made available under division (A)(4) of section	4346
2151.3517 of the Revised Code.	4347

(B) Divisions (A)(1) and (2) of this section do not apply to	4348
a person who delivers or attempts to deliver a child who has	4349
suffered any physical or mental wound, injury, disability, or	4350
condition of a nature that reasonably indicates ~~abuse or neglect~~	4351
ofthat the child is a child in need of protective services.	4352

Sec. 2151.36. Except as provided in section 2151.361 of the	4353
Revised Code, when a child has been committed as provided by this	4354
chapter or Chapter 2152. of the Revised Code, the juvenile court	4355
shall issue an order pursuant to Chapters 3119., 3121., 3123., and	4356
3125. of the Revised Code requiring that the parent, guardian, or	4357
person charged with the child's support pay for the care, support,	4358
maintenance, and education of the child. The juvenile court shall	4359
order that the parents, guardian, or person pay for the expenses	4360
involved in providing orthopedic, medical, or surgical treatment	4361
for, or for special care of, the child, enter a judgment for the	4362
amount due, and enforce the judgment by execution as in the court	4363
of common pleas.	4364

Any expenses incurred for the care, support, maintenance,	4365
education, orthopedic, medical, or surgical treatment, and special	4366
care of a child who has a legal settlement in another county shall	4367
be at the expense of the county of legal settlement if the consent	4368
of the juvenile judge of the county of legal settlement is first	4369
obtained. When the consent is obtained, the board of county	4370
commissioners of the county in which the child has a legal	4371
settlement shall reimburse the committing court for the expenses	4372
out of its general fund. If the department of job and family	4373
services considers it to be in the best interest of any	4374
delinquent~~, dependent,~~or unruly~~, abused, or neglected~~ child or a	4375
child in need of protective services who has a legal settlement in	4376
a foreign state or country that the child be returned to the state	4377
or country of legal settlement, the juvenile court may commit the	4378
child to the department for the child's return to that state or	4379
country.	4380

Any expenses ordered by the court for the care, support,	4381
maintenance, education, orthopedic, medical, or surgical	4382
treatment, or special care of a ~~dependent, neglected, abused,~~	4383
child in need of protective services, an unruly, or delinquent	4384
child, or of a juvenile traffic offender under this chapter or	4385
Chapter 2152. of the Revised Code, except the part of the expense	4386
that may be paid by the state or federal government or paid by the	4387
parents, guardians, or person charged with the child's support	4388
pursuant to this section, shall be paid from the county treasury	4389
upon specifically itemized vouchers, certified to by the judge.	4390
The court shall not be responsible for any expenses resulting from	4391
the commitment of children to any home, public children services	4392
agency, private child placing agency, or other institution,	4393
association, or agency, unless the court authorized the expenses	4394
at the time of commitment.	4395

Sec. 2151.40. Every county, township, or municipal official	4396
or department, including the prosecuting attorney, shall render	4397
all assistance and co-operation within ~~his~~the official's or	4398
department's jurisdictional power which may further the objects of	4399
sections 2151.01 to 2151.54 of the Revised Code. All institutions	4400
or agencies to which the juvenile court sends any child shall give	4401
to the court or to any officer appointed by it such information	4402
concerning such child as said court or officer requires. The court	4403
may seek the co-operation of all societies or organizations having	4404
for their object the protection or aid of children.	4405

On the request of the judge, when the child is represented by	4406
an attorney, or when a trial is requested the prosecuting attorney	4407
shall assist the court in presenting the evidence at any hearing	4408
or proceeding concerning an alleged or adjudicated delinquent,or	4409
unruly~~, abused, neglected, or dependent~~ child, a child in need of	4410
protective services, or a juvenile traffic offender.	4411

Sec. 2151.412. (A) Each public children services agency and	4412
private child placing agency shall prepare and maintain a case	4413
plan for any child to whom the agency is providing services and to	4414
whom any of the following applies:	4415

(1) The agency filed a complaint pursuant to section 2151.27	4416
of the Revised Code alleging that the child is ~~an abused,~~	4417
~~neglected, or dependent~~a child in need of protective services;	4418

(2) The agency has temporary or permanent custody of the	4419
child;	4420

(3) The child is living at home subject to an order for	4421
protective supervision;	4422

(4) The child is in a planned permanent living arrangement.

4423

Except as provided by division (A)(2) of section 5103.153 of	4424
the Revised Code, a private child placing agency providing	4425
services to a child who is the subject of a voluntary permanent	4426
custody surrender agreement entered into under division (B)(2) of	4427
section 5103.15 of the Revised Code is not required to prepare and	4428
maintain a case plan for that child.	4429

(B)(1) The director of job and family services shall adopt	4430
rules pursuant to Chapter 119. of the Revised Code setting forth	4431
the content and format of case plans required by division (A) of	4432
this section and establishing procedures for developing,	4433
implementing, and changing the case plans. The rules shall at a	4434
minimum comply with the requirements of Title IV-E of the "Social	4435
Security Act," 94 Stat. 501, 42 U.S.C. 671 (1980), as amended.	4436

(2) The director of job and family services shall adopt rules	4437
pursuant to Chapter 119. of the Revised Code requiring public	4438
children services agencies and private child placing agencies to	4439
maintain case plans for children and their families who are	4440
receiving services in their homes from the agencies and for whom	4441
case plans are not required by division (A) of this section. The	4442
agencies shall maintain case plans as required by those rules;	4443
however, the case plans shall not be subject to any other	4444
provision of this section except as specifically required by the	4445
rules.	4446

(C) Each public children services agency and private child	4447
placing agency that is required by division (A) of this section to	4448
maintain a case plan shall file the case plan with the court prior	4449
to the child's adjudicatory hearing but no later than thirty days	4450
after the earlier of the date on which the complaint in the case	4451
was filed or the child was first placed into shelter care. If the	4452
agency does not have sufficient information prior to the	4453
adjudicatory hearing to complete any part of the case plan, the	4454
agency shall specify in the case plan the additional information	4455
necessary to complete each part of the case plan and the steps	4456
that will be taken to obtain that information. All parts of the	4457
case plan shall be completed by the earlier of thirty days after	4458
the adjudicatory hearing or the date of the dispositional hearing	4459
for the child.	4460

(D) Any agency that is required by division (A) of this	4461
section to prepare a case plan shall attempt to obtain an	4462
agreement among all parties, including, but not limited to, the	4463
parents, guardian, or custodian of the child and the guardian ad	4464
litem of the child regarding the content of the case plan. If all	4465
parties agree to the content of the case plan and the court	4466
approves it, the court shall journalize it as part of its	4467
dispositional order. If the agency cannot obtain an agreement upon	4468
the contents of the case plan or the court does not approve it,	4469
the parties shall present evidence on the contents of the case	4470
plan at the dispositional hearing. The court, based upon the	4471
evidence presented at the dispositional hearing and the best	4472
interest of the child, shall determine the contents of the case	4473
plan and journalize it as part of the dispositional order for the	4474
child.	4475

(E)(1) All parties, including the parents, guardian, or	4476
custodian of the child, are bound by the terms of the journalized	4477
case plan. A party that fails to comply with the terms of the	4478
journalized case plan may be held in contempt of court.	4479

(2) Any party may propose a change to a substantive part of	4480
the case plan, including, but not limited to, the child's	4481
placement and the visitation rights of any party. A party	4482
proposing a change to the case plan shall file the proposed change	4483
with the court and give notice of the proposed change in writing	4484
before the end of the day after the day of filing it to all	4485
parties and the child's guardian ad litem. All parties and the	4486
guardian ad litem shall have seven days from the date the notice	4487
is sent to object to and request a hearing on the proposed change.	4488

(a) If it receives a timely request for a hearing, the court	4489
shall schedule a hearing pursuant to section 2151.417 of the	4490
Revised Code to be held no later than thirty days after the	4491
request is received by the court. The court shall give notice of	4492
the date, time, and location of the hearing to all parties and the	4493
guardian ad litem. The agency may implement the proposed change	4494
after the hearing, if the court approves it. The agency shall not	4495
implement the proposed change unless it is approved by the court.	4496

(b) If it does not receive a timely request for a hearing,	4497
the court may approve the proposed change without a hearing. If	4498
the court approves the proposed change without a hearing, it shall	4499
journalize the case plan with the change not later than fourteen	4500
days after the change is filed with the court. If the court does	4501
not approve the proposed change to the case plan, it shall	4502
schedule a hearing to be held pursuant to section 2151.417 of the	4503
Revised Code no later than thirty days after the expiration of the	4504
fourteen-day time period and give notice of the date, time, and	4505
location of the hearing to all parties and the guardian ad litem	4506
of the child. If, despite the requirements of division (E)(2) of	4507
this section, the court neither approves and journalizes the	4508
proposed change nor conducts a hearing, the agency may implement	4509
the proposed change not earlier than fifteen days after it is	4510
submitted to the court.	4511

(3) If an agency has reasonable cause to believe that a child	4512
is suffering from illness or injury and is not receiving proper	4513
care and that an appropriate change in the child's case plan is	4514
necessary to prevent immediate or threatened physical or emotional	4515
harm, to believe that a child is in immediate danger from the	4516
child's surroundings and that an immediate change in the child's	4517
case plan is necessary to prevent immediate or threatened physical	4518
or emotional harm to the child, or to believe that a parent,	4519
guardian, custodian, or other member of the child's household has	4520
~~abused or neglected~~committed an act or omission that has caused	4521
the child to become a child in need of protective services and	4522
that the child is in danger of immediate or threatened physical or	4523
emotional harm from that person unless the agency makes an	4524
appropriate change in the child's case plan, it may implement the	4525
change without prior agreement or a court hearing and, before the	4526
end of the next day after the change is made, give all parties,	4527
the guardian ad litem of the child, and the court notice of the	4528
change. Before the end of the third day after implementing the	4529
change in the case plan, the agency shall file a statement of the	4530
change with the court and give notice of the filing accompanied by	4531
a copy of the statement to all parties and the guardian ad litem.	4532
All parties and the guardian ad litem shall have ten days from the	4533
date the notice is sent to object to and request a hearing on the	4534
change.	4535

(a) If it receives a timely request for a hearing, the court	4536
shall schedule a hearing pursuant to section 2151.417 of the	4537
Revised Code to be held no later than thirty days after the	4538
request is received by the court. The court shall give notice of	4539
the date, time, and location of the hearing to all parties and the	4540
guardian ad litem. The agency shall continue to administer the	4541
case plan with the change after the hearing, if the court approves	4542
the change. If the court does not approve the change, the court	4543
shall make appropriate changes to the case plan and shall	4544
journalize the case plan.	4545

(b) If it does not receive a timely request for a hearing,	4546
the court may approve the change without a hearing. If the court	4547
approves the change without a hearing, it shall journalize the	4548
case plan with the change within fourteen days after receipt of	4549
the change. If the court does not approve the change to the case	4550
plan, it shall schedule a hearing under section 2151.417 of the	4551
Revised Code to be held no later than thirty days after the	4552
expiration of the fourteen-day time period and give notice of the	4553
date, time, and location of the hearing to all parties and the	4554
guardian ad litem of the child.	4555

(F)(1) All case plans for children in temporary custody shall	4556
have the following general goals:	4557

(a) Consistent with the best interest and special needs of	4558
the child, to achieve a safe out-of-home placement in the least	4559
restrictive, most family-like setting available and in close	4560
proximity to the home from which the child was removed or the home	4561
in which the child will be permanently placed;	4562

(b) To eliminate with all due speed the need for the	4563
out-of-home placement so that the child can safely return home.	4564

(2) The director of job and family services shall adopt rules	4565
pursuant to Chapter 119. of the Revised Code setting forth the	4566
general goals of case plans for children subject to dispositional	4567
orders for protective supervision, a planned permanent living	4568
arrangement, or permanent custody.	4569

(G) In the agency's development of a case plan and the	4570
court's review of the case plan, the child's health and safety	4571
shall be the paramount concern. The agency and the court shall be	4572
guided by the following general priorities:	4573

(1) A child who is residing with or can be placed with the	4574
child's parents within a reasonable time should remain in their	4575
legal custody even if an order of protective supervision is	4576
required for a reasonable period of time;	4577

(2) If both parents of the child have abandoned the child,	4578
have relinquished custody of the child, have become incapable of	4579
supporting or caring for the child even with reasonable	4580
assistance, or have a detrimental effect on the health, safety,	4581
and best interest of the child, the child should be placed in the	4582
legal custody of a suitable member of the child's extended family;	4583

(3) If a child described in division (G)(2) of this section	4584
has no suitable member of the child's extended family to accept	4585
legal custody, the child should be placed in the legal custody of	4586
a suitable nonrelative who shall be made a party to the	4587
proceedings after being given legal custody of the child;	4588

(4) If the child has no suitable member of the child's	4589
extended family to accept legal custody of the child and no	4590
suitable nonrelative is available to accept legal custody of the	4591
child and, if the child temporarily cannot or should not be placed	4592
with the child's parents, guardian, or custodian, the child should	4593
be placed in the temporary custody of a public children services	4594
agency or a private child placing agency;	4595

(5) If the child cannot be placed with either of the child's	4596
parents within a reasonable period of time or should not be placed	4597
with either, if no suitable member of the child's extended family	4598
or suitable nonrelative is available to accept legal custody of	4599
the child, and if the agency has a reasonable expectation of	4600
placing the child for adoption, the child should be committed to	4601
the permanent custody of the public children services agency or	4602
private child placing agency;	4603

(6) If the child is to be placed for adoption or foster care,	4604
the placement shall not be delayed or denied on the basis of the	4605
child's or adoptive or foster family's race, color, or national	4606
origin.	4607

(H) The case plan for a child in temporary custody shall	4608
include at a minimum the following requirements if the child is or	4609
has been the victim of ~~abuse or neglect~~an act or omission that	4610
caused the child to become a child in need of protective services	4611
or if the child witnessed the commission in the child's household	4612
of ~~abuse or neglect~~an act or omission against a sibling of the	4613
child that caused the sibling to become a child in need of	4614
protective services, a parent of the child, or any other person in	4615
the child's household:	4616

(1) A requirement that the child's parents, guardian, or	4617
custodian participate in mandatory counseling;	4618

(2) A requirement that the child's parents, guardian, or	4619
custodian participate in any supportive services that are required	4620
by or provided pursuant to the child's case plan.	4621

(I) A case plan may include, as a supplement, a plan for	4622
locating a permanent family placement. The supplement shall not be	4623
considered part of the case plan for purposes of division (D) of	4624
this section.	4625

Sec. 2151.414. (A)(1) Upon the filing of a motion pursuant	4626
to section 2151.413 of the Revised Code for permanent custody of a	4627
child, the court shall schedule a hearing and give notice of the	4628
filing of the motion and of the hearing, in accordance with	4629
section 2151.29 of the Revised Code, to all parties to the action	4630
and to the child's guardian ad litem. The notice also shall	4631
contain a full explanation that the granting of permanent custody	4632
permanently divests the parents of their parental rights, a full	4633
explanation of their right to be represented by counsel and to	4634
have counsel appointed pursuant to Chapter 120. of the Revised	4635
Code if they are indigent, and the name and telephone number of	4636
the court employee designated by the court pursuant to section	4637
2151.314 of the Revised Code to arrange for the prompt appointment	4638
of counsel for indigent persons.	4639

The court shall conduct a hearing in accordance with section	4640
2151.35 of the Revised Code to determine if it is in the best	4641
interest of the child to permanently terminate parental rights and	4642
grant permanent custody to the agency that filed the motion. The	4643
adjudication that the child is ~~an abused, neglected, or dependent~~	4644
a child in need of protective services and any dispositional	4645
order that has been issued in the case under section 2151.353 of	4646
the Revised Code pursuant to the adjudication shall not be	4647
readjudicated at the hearing and shall not be affected by a denial	4648
of the motion for permanent custody.	4649

(2) The court shall hold the hearing scheduled pursuant to	4650
division (A)(1) of this section not later than one hundred twenty	4651
days after the agency files the motion for permanent custody,	4652
except that, for good cause shown, the court may continue the	4653
hearing for a reasonable period of time beyond the	4654
one-hundred-twenty-day deadline. The court shall issue an order	4655
that grants, denies, or otherwise disposes of the motion for	4656
permanent custody, and journalize the order, not later than two	4657
hundred days after the agency files the motion.	4658

If a motion is made under division (D)(2) of section 2151.413	4659
of the Revised Code and no dispositional hearing has been held in	4660
the case, the court may hear the motion in the dispositional	4661
hearing required by division (B) of section 2151.35 of the Revised	4662
Code. If the court issues an order pursuant to section 2151.353 of	4663
the Revised Code granting permanent custody of the child to the	4664
agency, the court shall immediately dismiss the motion made under	4665
division (D)(2) of section 2151.413 of the Revised Code.	4666

The failure of the court to comply with the time periods set	4667
forth in division (A)(2) of this section does not affect the	4668
authority of the court to issue any order under this chapter and	4669
does not provide any basis for attacking the jurisdiction of the	4670
court or the validity of any order of the court.	4671

(B)(1) Except as provided in division (B)(2) of this section,	4672
the court may grant permanent custody of a child to a movant if	4673
the court determines at the hearing held pursuant to division (A)	4674
of this section, by clear and convincing evidence, that it is in	4675
the best interest of the child to grant permanent custody of the	4676
child to the agency that filed the motion for permanent custody	4677
and that any of the following apply:	4678

(a) The child is not abandoned or orphaned, has not been in	4679
the temporary custody of one or more public children services	4680
agencies or private child placing agencies for twelve or more	4681
months of a consecutive twenty-two-month period, or has not been	4682
in the temporary custody of one or more public children services	4683
agencies or private child placing agencies for twelve or more	4684
months of a consecutive twenty-two-month period if, as described	4685
in division (D)(1) of section 2151.413 of the Revised Code, the	4686
child was previously in the temporary custody of an equivalent	4687
agency in another state, and the child cannot be placed with	4688
either of the child's parents within a reasonable time or should	4689
not be placed with the child's parents.	4690

(b) The child is abandoned.

4691

(c) The child is orphaned, and there are no relatives of the	4692
child who are able to take permanent custody.	4693

(d) The child has been in the temporary custody of one or	4694
more public children services agencies or private child placing	4695
agencies for twelve or more months of a consecutive	4696
twenty-two-month period, or the child has been in the temporary	4697
custody of one or more public children services agencies or	4698
private child placing agencies for twelve or more months of a	4699
consecutive twenty-two-month period and, as described in division	4700
(D)(1) of section 2151.413 of the Revised Code, the child was	4701
previously in the temporary custody of an equivalent agency in	4702
another state.	4703

For the purposes of division (B)(1) of this section, a child	4704
shall be considered to have entered the temporary custody of an	4705
agency on the earlier of the date the child is adjudicated	4706
pursuant to section 2151.28 of the Revised Code or the date that	4707
is sixty days after the removal of the child from home.	4708

(2) With respect to a motion made pursuant to division (D)(2)	4709
of section 2151.413 of the Revised Code, the court shall grant	4710
permanent custody of the child to the movant if the court	4711
determines in accordance with division (E) of this section that	4712
the child cannot be placed with one of the child's parents within	4713
a reasonable time or should not be placed with either parent and	4714
determines in accordance with division (D) of this section that	4715
permanent custody is in the child's best interest.	4716

(C) In making the determinations required by this section or	4717
division (A)(4) of section 2151.353 of the Revised Code, a court	4718
shall not consider the effect the granting of permanent custody to	4719
the agency would have upon any parent of the child. A written	4720
report of the guardian ad litem of the child shall be submitted to	4721
the court prior to or at the time of the hearing held pursuant to	4722
division (A) of this section or section 2151.35 of the Revised	4723
Code but shall not be submitted under oath.	4724

If the court grants permanent custody of a child to a movant	4725
under this division, the court, upon the request of any party,	4726
shall file a written opinion setting forth its findings of fact	4727
and conclusions of law in relation to the proceeding. The court	4728
shall not deny an agency's motion for permanent custody solely	4729
because the agency failed to implement any particular aspect of	4730
the child's case plan.	4731

(D)(1) In determining the best interest of a child at a	4732
hearing held pursuant to division (A) of this section or for the	4733
purposes of division (A)(4) or (5) of section 2151.353 or	4734
division (C) of section 2151.415 of the Revised Code, the court	4735
shall consider all relevant factors, including, but not limited	4736
to, the following:	4737

(a) The interaction and interrelationship of the child with	4738
the child's parents, siblings, relatives, foster caregivers and	4739
out-of-home providers, and any other person who may significantly	4740
affect the child;	4741

(b) The wishes of the child, as expressed directly by the	4742
child or through the child's guardian ad litem, with due regard	4743
for the maturity of the child;	4744

(c) The custodial history of the child, including whether	4745
the child has been in the temporary custody of one or more public	4746
children services agencies or private child placing agencies for	4747
twelve or more months of a consecutive twenty-two-month period, or	4748
the child has been in the temporary custody of one or more public	4749
children services agencies or private child placing agencies for	4750
twelve or more months of a consecutive twenty-two-month period	4751
and, as described in division (D)(1) of section 2151.413 of the	4752
Revised Code, the child was previously in the temporary custody	4753
of an equivalent agency in another state;	4754

(d) The child's need for a legally secure permanent placement	4755
and whether that type of placement can be achieved without a grant	4756
of permanent custody to the agency;	4757

(e) Whether any of the factors in divisions (E)(7) to (11)	4758
of this section apply in relation to the parents and child.	4759

For the purposes of division (D)(1) of this section, a child	4760
shall be considered to have entered the temporary custody of an	4761
agency on the earlier of the date the child is adjudicated	4762
pursuant to section 2151.28 of the Revised Code or the date that	4763
is sixty days after the removal of the child from home.	4764

(2) If all of the following apply, permanent custody is in	4765
the best interest of the child and the court shall commit the	4766
child to the permanent custody of a public children services	4767
agency or private child placing agency:	4768

(a) The court determines by clear and convincing evidence	4769
that one or more of the factors in division (E) of this section	4770
exist and the child cannot be placed with one of the child's	4771
parents within a reasonable time or should not be placed with	4772
either parent.	4773

(b) The child has been in an agency's custody for two years	4774
or longer, and no longer qualifies for temporary custody pursuant	4775
to division (D) of section 2151.415 of the Revised Code.	4776

(c) The child does not meet the requirements for a planned	4777
permanent living arrangement pursuant to division (A)(5) of	4778
section 2151.353 of the Revised Code.	4779

(d) Prior to the dispositional hearing, no relative or other	4780
interested person has filed, or has been identified in, a motion	4781
for legal custody of the child.	4782

(E) In determining at a hearing held pursuant to division (A)	4783
of this section or for the purposes of division (A)(4) of section	4784
2151.353 of the Revised Code whether a child cannot be placed with	4785
either parent within a reasonable period of time or should not be	4786
placed with the parents, the court shall consider all relevant	4787
evidence. If the court determines, by clear and convincing	4788
evidence, at a hearing held pursuant to division (A) of this	4789
section or for the purposes of division (A)(4) of section 2151.353	4790
of the Revised Code that one or more of the following exist as to	4791
each of the child's parents, the court shall enter a finding that	4792
the child cannot be placed with either parent within a reasonable	4793
time or should not be placed with either parent:	4794

(1) Following the placement of the child outside the child's	4795
home and notwithstanding reasonable case planning and diligent	4796
efforts by the agency to assist the parents to remedy the problems	4797
that initially caused the child to be placed outside the home, the	4798
parent has failed continuously and repeatedly to substantially	4799
remedy the conditions causing the child to be placed outside the	4800
child's home. In determining whether the parents have	4801
substantially remedied those conditions, the court shall consider	4802
parental utilization of medical, psychiatric, psychological, and	4803
other social and rehabilitative services and material resources	4804
that were made available to the parents for the purpose of	4805
changing parental conduct to allow them to resume and maintain	4806
parental duties.	4807

(2) Chronic mental illness, chronic emotional illness, mental	4808
retardation, physical disability, or chemical dependency of the	4809
parent that is so severe that it makes the parent unable to	4810
provide an adequate permanent home for the child at the present	4811
time and, as anticipated, within one year after the court holds	4812
the hearing pursuant to division (A) of this section or for the	4813
purposes of division (A)(4) of section 2151.353 of the Revised	4814
Code;	4815

(3) The parent committed ~~any abuse as described in section~~	4816
~~2151.031 of the Revised Code against the child, caused the child~~	4817
~~to suffer any neglect as described in section 2151.03 of the~~	4818
~~Revised Code, or allowed the child to suffer any neglect as~~	4819
~~described in section 2151.03 of the Revised Code~~an act or	4820
omission that indicates that the child is in need of protective	4821
services and either of the following applies to the act or	4822
omission:	4823

(a) The act or omission occurred between the date that the	4824
original complaint alleging ~~abuse or neglect~~the child to be a	4825
child in need of protective services was filed and the date of the	4826
filing of the motion for permanent custody;	4827

(b) The act or omission was an act or omission of such a	4828
seriousness, nature, or likelihood of recurrence that the court	4829
determines that the child's placement with the child's parent is a	4830
threat to the child's safety.	4831

(4) The parent has demonstrated a lack of commitment toward	4832
the child by failing to regularly support, visit, or communicate	4833
with the child when able to do so, or by other actions showing an	4834
unwillingness to provide an adequate permanent home for the child;	4835

(5) The parent is incarcerated for an offense committed	4836
against the child or a sibling of the child;	4837

(6) The parent has been convicted of or pleaded guilty to an	4838
offense under division (A) or (C) of section 2919.22 or under	4839
section 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.03,	4840
2905.04, 2905.05, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	4841
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	4842
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.24,	4843
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, or 3716.11 of the	4844
Revised Code and the child or a sibling of the child was a victim	4845
of the offense or the parent has been convicted of or pleaded	4846
guilty to an offense under section 2903.04 of the Revised Code, a	4847
sibling of the child was the victim of the offense, and the parent	4848
who committed the offense poses an ongoing danger to the child or	4849
a sibling of the child.	4850

(7) The parent has been convicted of or pleaded guilty to one	4851
of the following:	4852

(a) An offense under section 2903.01, 2903.02, or 2903.03 of	4853
the Revised Code or under an existing or former law of this state,	4854
any other state, or the United States that is substantially	4855
equivalent to an offense described in those sections and the	4856
victim of the offense was a sibling of the child or the victim was	4857
another child who lived in the parent's household at the time of	4858
the offense;	4859

(b) An offense under section 2903.11, 2903.12, or 2903.13 of	4860
the Revised Code or under an existing or former law of this state,	4861
any other state, or the United States that is substantially	4862
equivalent to an offense described in those sections and the	4863
victim of the offense is the child, a sibling of the child, or	4864
another child who lived in the parent's household at the time of	4865
the offense;	4866

(c) An offense under division (B)(2) of section 2919.22 of	4867
the Revised Code or under an existing or former law of this state,	4868
any other state, or the United States that is substantially	4869
equivalent to the offense described in that section and the child,	4870
a sibling of the child, or another child who lived in the parent's	4871
household at the time of the offense is the victim of the offense;	4872

(d) An offense under section 2907.02, 2907.03, 2907.04,	4873
2907.05, or 2907.06 of the Revised Code or under an existing or	4874
former law of this state, any other state, or the United States	4875
that is substantially equivalent to an offense described in those	4876
sections and the victim of the offense is the child, a sibling of	4877
the child, or another child who lived in the parent's household at	4878
the time of the offense;	4879

(e) A conspiracy or attempt to commit, or complicity in	4880
committing, an offense described in division (E)(7)(a) or (d) of	4881
this section.	4882

(8) ~~The parent has repeatedly withheld medical treatment or~~	4883
~~food from the child when the parent has the means to provide the~~	4884
~~treatment or food, and, in the case of withheld medical treatment,~~	4885
~~the parent withheld it for a purpose other than to treat the~~	4886
~~physical or mental illness or defect of the child by spiritual~~	4887
~~means through prayer alone in accordance with the tenets of a~~	4888
~~recognized religious body.~~	4889

~~(9)~~ The parent has placed the child at substantial risk of	4890
harm two or more times due to alcohol or drug abuse and has	4891
rejected treatment two or more times or refused to participate in	4892
further treatment two or more times after a case plan issued	4893
pursuant to section 2151.412 of the Revised Code requiring	4894
treatment of the parent was journalized as part of a dispositional	4895
order issued with respect to the child or an order was issued by	4896
any other court requiring treatment of the parent.	4897

~~(10)~~(9) The parent has abandoned the child.

4898

~~(11)~~(10) The parent has had parental rights involuntarily	4899
terminated with respect to a sibling of the child pursuant to	4900
this section or section 2151.353 or 2151.415 of the Revised Code,	4901
or under an existing or former law of this state, any other	4902
state, or the United States that is substantially equivalent to	4903
those sections, and the parent has failed to provide clear and	4904
convincing evidence to prove that, notwithstanding the prior	4905
termination, the parent can provide a legally secure permanent	4906
placement and adequate care for the health, welfare, and safety	4907
of the child.	4908

~~(12)~~(11) The parent is incarcerated at the time of the filing	4909
of the motion for permanent custody or the dispositional hearing	4910
of the child and will not be available to care for the child for	4911
at least eighteen months after the filing of the motion for	4912
permanent custody or the dispositional hearing.	4913

~~(13)~~(12) The parent is repeatedly incarcerated, and the	4914
repeated incarceration prevents the parent from providing care for	4915
the child.	4916

~~(14) The parent for any reason is unwilling to provide food,~~	4917
~~clothing, shelter, and other basic necessities for the child or to~~	4918
~~prevent the child from suffering physical, emotional, or sexual~~	4919
~~abuse or physical, emotional, or mental neglect.~~	4920

~~(15) The parent has committed abuse as described in section~~	4921
~~2151.031 of the Revised Code against the child or caused or~~	4922
~~allowed the child to suffer neglect as described in section~~	4923
~~2151.03 of the Revised Code, and the court determines that the~~	4924
~~seriousness, nature, or likelihood of recurrence of the abuse or~~	4925
~~neglect makes the child's placement with the child's parent a~~	4926
~~threat to the child's safety.~~	4927

~~(16)~~(13) Any other factor the court considers relevant.

4928

(F) The parents of a child for whom the court has issued an	4929
order granting permanent custody pursuant to this section, upon	4930
the issuance of the order, cease to be parties to the action. This	4931
division is not intended to eliminate or restrict any right of the	4932
parents to appeal the granting of permanent custody of their child	4933
to a movant pursuant to this section.	4934

Sec. 2151.421. (A)(1)(a) No person described in division	4935
(A)(1)(b) of this section who is acting in an official or	4936
professional capacity and knows, or has reasonable cause to	4937
suspect based on facts that would cause a reasonable person in a	4938
similar position to suspect, that a child under eighteen years of	4939
age or a mentally retarded, developmentally disabled, or	4940
physically impaired child under twenty-one years of age has	4941
suffered or faces a threat of suffering any physical or mental	4942
wound, injury, disability, or condition of a nature that	4943
reasonably indicates ~~abuse or neglect of~~ the child is a child in	4944
need of protective services shall fail to immediately report that	4945
knowledge or reasonable cause to suspect to the entity or persons	4946
specified in this division. Except as provided in section	4947
5120.173 of the Revised Code, the person making the report shall	4948
make it to the public children services agency or a municipal or	4949
county peace officer in the county in which the child resides or	4950
in which the ~~abuse or neglect~~act or omission that indicates that	4951
the child is a child in need of protective services is occurring	4952
or has occurred. In the circumstances described in section	4953
5120.173 of the Revised Code, the person making the report shall	4954
make it to the entity specified in that section.	4955

(b) Division (A)(1)(a) of this section applies to any person	4956
who is an attorney; physician, including a hospital intern or	4957
resident; dentist; podiatrist; practitioner of a limited branch of	4958
medicine as specified in section 4731.15 of the Revised Code;	4959
registered nurse; licensed practical nurse; visiting nurse; other	4960
health care professional; licensed psychologist; licensed school	4961
psychologist; independent marriage and family therapist or	4962
marriage and family therapist; speech pathologist or audiologist;	4963
coroner; administrator or employee of a child day-care center;	4964
administrator or employee of a residential camp or child day camp;	4965
administrator or employee of a certified child care agency or	4966
other public or private children services agency; school teacher;	4967
school employee; school authority; person engaged in social work	4968
or the practice of professional counseling; agent of a county	4969
humane society; person, other than a cleric, rendering spiritual	4970
treatment through prayer in accordance with the tenets of a	4971
well-recognized religion; employee of a county department of job	4972
and family services who is a professional and who works with	4973
children and families; superintendent, board member, or employee	4974
of a county board of developmental disabilities; investigative	4975
agent contracted with by a county board of developmental	4976
disabilities; employee of the department of developmental	4977
disabilities; employee of a facility or home that provides respite	4978
care in accordance with section 5123.171 of the Revised Code;	4979
employee of a home health agency; employee of an entity that	4980
provides homemaker services; a person performing the duties of an	4981
assessor pursuant to Chapter 3107. or 5103. of the Revised Code;	4982
or third party employed by a public children services agency to	4983
assist in providing child or family related services.	4984

(2) Except as provided in division (A)(3) of this section, an	4985
attorney or a physician is not required to make a report pursuant	4986
to division (A)(1) of this section concerning any communication	4987
the attorney or physician receives from a client or patient in an	4988
attorney-client or physician-patient relationship, if, in	4989
accordance with division (A) or (B) of section 2317.02 of the	4990
Revised Code, the attorney or physician could not testify with	4991
respect to that communication in a civil or criminal proceeding.	4992

(3) The client or patient in an attorney-client or	4993
physician-patient relationship described in division (A)(2) of	4994
this section is deemed to have waived any testimonial privilege	4995
under division (A) or (B) of section 2317.02 of the Revised Code	4996
with respect to any communication the attorney or physician	4997
receives from the client or patient in that attorney-client or	4998
physician-patient relationship, and the attorney or physician	4999
shall make a report pursuant to division (A)(1) of this section	5000
with respect to that communication, if all of the following apply:	5001

(a) The client or patient, at the time of the communication,	5002
is either a child under eighteen years of age or a mentally	5003
retarded, developmentally disabled, or physically impaired person	5004
under twenty-one years of age.	5005

(b) The attorney or physician knows, or has reasonable cause	5006
to suspect based on facts that would cause a reasonable person in	5007
similar position to suspect, as a result of the communication or	5008
any observations made during that communication, that the client	5009
or patient has suffered or faces a threat of suffering any	5010
physical or mental wound, injury, disability, or condition of a	5011
nature that reasonably indicates ~~abuse or neglect of~~that the	5012
client or patient is a child in need of protective services.	5013

(c) The ~~abuse or neglect~~act or omission that indicates that	5014
the client or patient is a child in need of protective services	5015
does not arise out of the client's or patient's attempt to have	5016
an abortion without the notification of her parents, guardian, or	5017
custodian in accordance with section 2151.85 of the Revised Code.	5018

(4)(a) No cleric and no person, other than a volunteer,	5019
designated by any church, religious society, or faith acting as a	5020
leader, official, or delegate on behalf of the church, religious	5021
society, or faith who is acting in an official or professional	5022
capacity, who knows, or has reasonable cause to believe based on	5023
facts that would cause a reasonable person in a similar position	5024
to believe, that a child under eighteen years of age or a mentally	5025
retarded, developmentally disabled, or physically impaired child	5026
under twenty-one years of age has suffered or faces a threat of	5027
suffering any physical or mental wound, injury, disability, or	5028
condition of a nature that reasonably indicates ~~abuse or neglect~~	5029
ofthat the child is a child in need of protective services, and	5030
who knows, or has reasonable cause to believe based on facts that	5031
would cause a reasonable person in a similar position to believe,	5032
that another cleric or another person, other than a volunteer,	5033
designated by a church, religious society, or faith acting as a	5034
leader, official, or delegate on behalf of the church, religious	5035
society, or faith caused, or poses the threat of causing, the	5036
wound, injury, disability, or condition that reasonably indicates	5037
~~abuse or neglect~~that the child is a child in need of protective	5038
services shall fail to immediately report that knowledge or	5039
reasonable cause to believe to the entity or persons specified in	5040
this division. Except as provided in section 5120.173 of the	5041
Revised Code, the person making the report shall make it to the	5042
public children services agency or a municipal or county peace	5043
officer in the county in which the child resides or in which the	5044
~~abuse or neglect~~act or omission that indicates that the child is	5045
a child in need of protective services is occurring or has	5046
occurred. In the circumstances described in section 5120.173 of	5047
the Revised Code, the person making the report shall make it to	5048
the entity specified in that section.	5049

(b) Except as provided in division (A)(4)(c) of this section,	5050
a cleric is not required to make a report pursuant to division	5051
(A)(4)(a) of this section concerning any communication the cleric	5052
receives from a penitent in a cleric-penitent relationship, if, in	5053
accordance with division (C) of section 2317.02 of the Revised	5054
Code, the cleric could not testify with respect to that	5055
communication in a civil or criminal proceeding.	5056

(c) The penitent in a cleric-penitent relationship described	5057
in division (A)(4)(b) of this section is deemed to have waived any	5058
testimonial privilege under division (C) of section 2317.02 of the	5059
Revised Code with respect to any communication the cleric receives	5060
from the penitent in that cleric-penitent relationship, and the	5061
cleric shall make a report pursuant to division (A)(4)(a) of this	5062
section with respect to that communication, if all of the	5063
following apply:	5064

(i) The penitent, at the time of the communication, is either	5065
a child under eighteen years of age or a mentally retarded,	5066
developmentally disabled, or physically impaired person under	5067
twenty-one years of age.	5068

(ii) The cleric knows, or has reasonable cause to believe	5069
based on facts that would cause a reasonable person in a similar	5070
position to believe, as a result of the communication or any	5071
observations made during that communication, the penitent has	5072
suffered or faces a threat of suffering any physical or mental	5073
wound, injury, disability, or condition of a nature that	5074
reasonably indicates abuse or neglect of the penitent.	5075

(iii) The ~~abuse or neglect~~act or omission that indicates	5076
that the child is a child in need of protective services does not	5077
arise out of the penitent's attempt to have an abortion performed	5078
upon a child under eighteen years of age or upon a mentally	5079
retarded, developmentally disabled, or physically impaired person	5080
under twenty-one years of age without the notification of her	5081
parents, guardian, or custodian in accordance with section	5082
2151.85 of the Revised Code.	5083

(d) Divisions (A)(4)(a) and (c) of this section do not apply	5084
in a cleric-penitent relationship when the disclosure of any	5085
communication the cleric receives from the penitent is in	5086
violation of the sacred trust.	5087

(e) As used in divisions (A)(1) and (4) of this section,	5088
"cleric" and "sacred trust" have the same meanings as in section	5089
2317.02 of the Revised Code.	5090

(B) Anyone who knows, or has reasonable cause to suspect	5091
based on facts that would cause a reasonable person in similar	5092
circumstances to suspect, that a child under eighteen years of age	5093
or a mentally retarded, developmentally disabled, or physically	5094
impaired person under twenty-one years of age has suffered or	5095
faces a threat of suffering any physical or mental wound, injury,	5096
disability, or other condition of a nature that reasonably	5097
indicates ~~abuse or neglect of~~that the child is a child in need of	5098
protective services may report or cause reports to be made of that	5099
knowledge or reasonable cause to suspect to the entity or persons	5100
specified in this division. Except as provided in section	5101
5120.173 of the Revised Code, a person making a report or causing	5102
a report to be made under this division shall make it or cause it	5103
to be made to the public children services agency or to a	5104
municipal or county peace officer. In the circumstances described	5105
in section 5120.173 of the Revised Code, a person making a report	5106
or causing a report to be made under this division shall make it	5107
or cause it to be made to the entity specified in that section.	5108

(C) Any report made pursuant to division (A) or (B) of this	5109
section shall be made forthwith either by telephone or in person	5110
and shall be followed by a written report, if requested by the	5111
receiving agency or officer. The written report shall contain:	5112

(1) The names and addresses of the child and the child's	5113
parents or the person or persons having custody of the child, if	5114
known;	5115

(2) The child's age and the nature and extent of the child's	5116
injuries~~, abuse, or neglect~~or other harm that is known or	5117
reasonably suspected or believed, as applicable, to have occurred	5118
or of the threat of injury~~, abuse, or neglect~~or other harm that	5119
is known or reasonably suspected or believed, as applicable, to	5120
exist, including any evidence of previous injuries, abuse, or	5121
neglect, or other harm that indicates that the child was or is a	5122
child in need of protective services;	5123

(3) Any other information that might be helpful in	5124
establishing the cause of the ~~injury, abuse, or neglect~~act or	5125
omission that is known or reasonably suspected or believed, as	5126
applicable, to have occurred or of the threat of ~~injury, abuse,~~	5127
~~or neglect~~an act or omission that is known or reasonably	5128
suspected or believed, as applicable, to exist.	5129

Any person, who is required by division (A) of this section	5130
to report ~~child abuse or child neglect~~an act or omission that	5131
indicates that a child is a child in need or protective services	5132
that is known or reasonably suspected or believed to have	5133
occurred, may take or cause to be taken color photographs of	5134
areas of trauma visible on a child and, if medically indicated,	5135
cause to be performed radiological examinations of the child.	5136

(D) As used in this division, "children's advocacy center"	5137
~~and "sexual abuse of a child" have~~has the same ~~meanings~~meaning	5138
as in section 2151.425 of the Revised Code.	5139

(1) When a municipal or county peace officer receives a	5140
report ~~concerning the possible abuse or neglect of~~indicating that	5141
a child may be a child in need of protective services or the	5142
possible threat of ~~abuse or neglect of~~an act or omission that	5143
would cause a child to be a child in need of protective services,	5144
upon receipt of the report, the municipal or county peace officer	5145
who receives the report shall refer the report to the appropriate	5146
public children services agency.	5147

(2) When a public children services agency receives a report	5148
pursuant to this division or division (A) or (B) of this section,	5149
upon receipt of the report, the public children services agency	5150
shall do ~~both~~all of the following:	5151

(a) Provide written notice of the rights of and services	5152
available to a parent, legal guardian, or legal custodian of the	5153
child who is the subject of a report made under this section;	5154

(b) In addition to its own required protocol, notify the	5155
appropriate attendance officer or assistant provided for in	5156
section 3321.14 or 3321.15 of the Revised Code, if an agency	5157
discovers facts that may support an adjudication that a child is	5158
lacking legally required education as determined in accordance	5159
with section 2151.036 of the Revised Code;	5160

5161

~~(b)~~(d) If the county served by the agency is also served by a	5162
children's advocacy center and the report alleges ~~sexual abuse of~~	5163
athe child to be sexually harmed or alleges another type of ~~abuse~~	5164
ofact or omission against a child that is specified in the	5165
memorandum of understanding that creates the center as being	5166
within the center's jurisdiction, comply regarding the report with	5167
the protocol and procedures for referrals and investigations, with	5168
the coordinating activities, and with the authority or	5169
responsibility for performing or providing functions, activities,	5170
and services stipulated in the interagency agreement entered into	5171
under section 2151.428 of the Revised Code relative to that	5172
center.	5173

(E) No township, municipal, or county peace officer shall	5174
remove a child about whom a report is made pursuant to this	5175
section from the child's parents, stepparents, or guardian or any	5176
other persons having custody of the child without consultation	5177
with the public children services agency, unless, in the judgment	5178
of the officer, and, if the report was made by physician, the	5179
physician, immediate removal is considered essential to protect	5180
the child from further ~~abuse or neglect~~acts or omissions that	5181
would result in the child being a child in need of protective	5182
services. The agency that must be consulted shall be the agency	5183
conducting the investigation of the report as determined pursuant	5184
to section 2151.422 of the Revised Code.	5185

(F)(1) Except as provided in section 2151.422 of the Revised	5186
Code or in an interagency agreement entered into under section	5187
2151.428 of the Revised Code that applies to the particular	5188
report, the public children services agency shall investigate,	5189
within twenty-four hours, each report of ~~child abuse or child~~	5190
~~neglect~~an act or omission that indicates that a child is a child	5191
in need of protective services that is known or reasonably	5192
suspected or believed to have occurred and of a threat of ~~child~~	5193
~~abuse or child neglect~~such an act or omission that is known or	5194
reasonably suspected or believed to exist that is referred to it	5195
under this section to determine the circumstances surrounding the	5196
~~injuries, abuse,~~act or ~~neglect~~omission or the threat of ~~injury,~~	5197
~~abuse,~~an act or ~~neglect~~omission, the cause of the injuries,	5198
~~abuse, neglect~~other harm, or threat, and the person or persons	5199
responsible. The public children services agency may investigate	5200
the report only if there is a reason to believe that any alleged	5201
injury, harm, or risk of injury or harm to a child resulted from	5202
an act or omission by a parent, legal guardian, or legal custodian	5203
of the child. The investigation shall be made in cooperation with	5204
the law enforcement agency and in accordance with the memorandum	5205
of understanding prepared under division (J) of this section. A	5206
representative of the public children services agency shall, at	5207
the time of initial contact with the person subject to the	5208
investigation, inform the person of the specific complaints or	5209
allegations made against the person. The information shall be	5210
given in a manner that is consistent with division (H)(1) of this	5211
section and protects the rights of the person making the report	5212
under this section.	5213

A failure to make the investigation in accordance with the	5214
memorandum is not grounds for, and shall not result in, the	5215
dismissal of any charges or complaint arising from the report or	5216
the suppression of any evidence obtained as a result of the report	5217
and does not give, and shall not be construed as giving, any	5218
rights or any grounds for appeal or post-conviction relief to any	5219
person. The public children services agency shall report each case	5220
to the uniform statewide automated child welfare information	5221
system that the department of job and family services shall	5222
maintain in accordance with section 5101.13 of the Revised Code.	5223
The public children services agency shall submit a report of its	5224
investigation, in writing, to the law enforcement agency.	5225

(2) The public children services agency shall make any	5226
recommendations to the county prosecuting attorney or city	5227
director of law that it considers necessary to protect any	5228
children that are brought to its attention.	5229

(3) When there is no credible explanation for harm to a child	5230
or when the public children services agency has a reasonable	5231
belief that the explanation given for any harm is at variance with	5232
the nature of the harm, the public children services agency may	5233
presume, until a contrary credible explanation is presented, that	5234
the child is a child in need of protective services.	5235

(G)(1)(a) Except as provided in division (H)(3) of this	5236
section, anyone or any hospital, institution, school, health	5237
department, or agency participating in the making of reports under	5238
division (A) of this section, anyone or any hospital, institution,	5239
school, health department, or agency participating in good faith	5240
in the making of reports under division (B) of this section, and	5241
anyone participating in good faith in a judicial proceeding	5242
resulting from the reports, shall be immune from any civil or	5243
criminal liability for injury, death, or loss to person or	5244
property that otherwise might be incurred or imposed as a result	5245
of the making of the reports or the participation in the judicial	5246
proceeding.	5247

(b) Notwithstanding section 4731.22 of the Revised Code, the	5248
physician-patient privilege shall not be a ground for excluding	5249
evidence regarding a child's injuries, ~~abuse, or neglect,~~or other	5250
harm that indicates that a child is a child in need of protective	5251
services or the cause of the injuries~~, abuse, or neglect~~or other	5252
harm in any judicial proceeding resulting from a report submitted	5253
pursuant to this section.	5254

(2) In any civil or criminal action or proceeding in which it	5255
is alleged and proved that participation in the making of a report	5256
under this section was not in good faith or participation in a	5257
judicial proceeding resulting from a report made under this	5258
section was not in good faith, the court shall award the	5259
prevailing party reasonable attorney's fees and costs and, if a	5260
civil action or proceeding is voluntarily dismissed, may award	5261
reasonable attorney's fees and costs to the party against whom the	5262
civil action or proceeding is brought.	5263

(H)(1) Except as provided in divisions (H)(4) and (N) of	5264
this section, a report made under this section is confidential.	5265
The information provided in a report made pursuant to this	5266
section and the name of the person who made the report shall not	5267
be released for use, and shall not be used, as evidence in any	5268
civil action or proceeding brought against the person who made	5269
the report. Nothing in this division shall preclude the use of	5270
reports of other incidents of known or suspected abuse or neglect	5271
in a civil action or proceeding brought pursuant to division (M)	5272
of this section against a person who is alleged to have violated	5273
division (A)(1) of this section, provided that any information in	5274
a report that would identify the child who is the subject of the	5275
report or the maker of the report, if the maker of the report is	5276
not the defendant or an agent or employee of the defendant, has	5277
been redacted. In a criminal proceeding, the report is	5278
admissible in evidence in accordance with the Rules of Evidence	5279
and is subject to discovery in accordance with the Rules of	5280
Criminal Procedure.	5281

(2) No person shall permit or encourage the unauthorized	5282
dissemination of the contents of any report made under this	5283
section.	5284

(3) A person who knowingly makes or causes another person to	5285
make a false report under division (B) of this section that	5286
alleges that any person has committed an act or omission that	5287
resulted in a child being ~~an abused child or~~ a ~~neglected~~ child in	5288
need of protective services is guilty of a violation of section	5289
2921.14 of the Revised Code.	5290

(4) If a report is made pursuant to division (A) or (B) of	5291
this section and the child who is the subject of the report dies	5292
for any reason at any time after the report is made, but before	5293
the child attains eighteen years of age, the public children	5294
services agency or municipal or county peace officer to which the	5295
report was made or referred, on the request of the child fatality	5296
review board, shall submit a summary sheet of information	5297
providing a summary of the report to the review board of the	5298
county in which the deceased child resided at the time of death.	5299
On the request of the review board, the agency or peace officer	5300
may, at its discretion, make the report available to the review	5301
board. If the county served by the public children services agency	5302
is also served by a children's advocacy center and the report of	5303
alleged sexual ~~abuse~~harm of a child or another type ~~of abuse~~ of	5304
act or omission against a child is specified in the memorandum of	5305
understanding that creates the center as being within the	5306
center's jurisdiction, the agency or center shall perform the	5307
duties and functions specified in this division in accordance	5308
with the interagency agreement entered into under section	5309
2151.428 of the Revised Code relative to that advocacy center.	5310

(5) A public children services agency shall advise a person	5311
alleged to have ~~inflicted abuse or neglect on~~committed an act or	5312
omission against a child who is the subject of a report made	5313
pursuant to this section, including a report alleging ~~sexual~~	5314
~~abuse of~~ a child to be sexually harmed or another type of ~~abuse~~	5315
ofact or omission against a child referred to a children's	5316
advocacy center pursuant to an interagency agreement entered into	5317
under section 2151.428 of the Revised Code, in writing of the	5318
disposition of the investigation. The agency shall not provide to	5319
the person any information that identifies the person who made	5320
the report, statements of witnesses, or police or other	5321
investigative reports.	5322

(I) Any report that is required by this section, other than a	5323
report that is made to the state highway patrol as described in	5324
section 5120.173 of the Revised Code, shall result in protective	5325
services and emergency supportive services being made available by	5326
the public children services agency on behalf of the children	5327
about whom the report is made, in an effort to prevent further	5328
~~neglect or abuse~~acts or omissions that would result in the child	5329
being a child in need of protective services, to enhance their	5330
welfare, and, whenever possible, to preserve the family unit	5331
intact. The agency required to provide the services shall be the	5332
agency conducting the investigation of the report pursuant to	5333
section 2151.422 of the Revised Code.	5334

(J)(1) Each public children services agency shall prepare a	5335
memorandum of understanding that is signed by all of the	5336
following:	5337

(a) If there is only one juvenile judge in the county, the	5338
juvenile judge of the county or the juvenile judge's	5339
representative;	5340

(b) If there is more than one juvenile judge in the county, a	5341
juvenile judge or the juvenile judges' representative selected by	5342
the juvenile judges or, if they are unable to do so for any	5343
reason, the juvenile judge who is senior in point of service or	5344
the senior juvenile judge's representative;	5345

5346

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

5347

(e) Other law enforcement officers handling ~~child abuse and~~	5348
~~neglect~~ cases regarding children in need of protective services in	5349
the county;	5350

(f) The prosecuting attorney of the county;

5351

(g) If the public children services agency is not the county	5352
department of job and family services, the county department of	5353
job and family services;	5354

(h) The county humane society;

5355

(i) If the public children services agency participated in	5356
the execution of a memorandum of understanding under section	5357
2151.426 of the Revised Code establishing a children's advocacy	5358
center, each participating member of the children's advocacy	5359
center established by the memorandum.	5360

(2) A memorandum of understanding shall set forth the normal	5361
operating procedure to be employed by all concerned officials in	5362
the execution of their respective responsibilities under this	5363
section and division (C) of section 2919.21, division (B)(1) of	5364
section 2919.22, division (B) of section 2919.23, and section	5365
2919.24 of the Revised Code and shall have as two of its primary	5366
goals the elimination of all unnecessary interviews of children	5367
who are the subject of reports made pursuant to division (A) or	5368
(B) of this section and, when feasible, providing for only one	5369
interview of a child who is the subject of any report made	5370
pursuant to division (A) or (B) of this section. A failure to	5371
follow the procedure set forth in the memorandum by the concerned	5372
officials is not grounds for, and shall not result in, the	5373
dismissal of any charges or complaint arising from any reported	5374
case of ~~abuse or neglect~~an act or omission that indicates that a	5375
child is a child in need of protective services or the suppression	5376
of any evidence obtained as a result of any reported ~~child abuse~~	5377
~~or child neglect~~act or omission that indicates that the child is	5378
a child in need of protective services and does not give, and	5379
shall not be construed as giving, any rights or any grounds for	5380
appeal or post-conviction relief to any person.	5381

(3) A memorandum of understanding shall include all of the	5382
following:	5383

(a) The roles and responsibilities for handling emergency and	5384
nonemergency cases of ~~abuse and neglect~~acts or omissions that	5385
indicate that a child is a child in need of protective services;	5386

(b) Standards and procedures to be used in handling and	5387
coordinating investigations of reported cases of ~~child abuse and~~	5388
~~reported cases of child neglect~~acts or omissions that indicate	5389
that a child is a child in need of protective services, methods to	5390
be used in interviewing the child who is the subject of the report	5391
and who allegedly ~~was abused or neglected~~is a child in need of	5392
protective services, and standards and procedures addressing the	5393
categories of persons who may interview the child ~~who is the~~	5394
~~subject of the report and who allegedly was abused or neglected~~.	5395

(4) If a public children services agency participated in the	5396
execution of a memorandum of understanding under section 2151.426	5397
of the Revised Code establishing a children's advocacy center, the	5398
agency shall incorporate the contents of that memorandum in the	5399
memorandum prepared pursuant to this section.	5400

(5) The clerk of the court of common pleas in the county may	5401
sign the memorandum of understanding prepared under division	5402
(J)(1) of this section. If the clerk signs the memorandum of	5403
understanding, the clerk shall execute all relevant	5404
responsibilities as required of officials specified in the	5405
memorandum.	5406

(K)(1) Except as provided in division (K)(4) of this section,	5407
a person who is required to make a report pursuant to division (A)	5408
of this section may make a reasonable number of requests of the	5409
public children services agency that receives or is referred the	5410
report, or of the children's advocacy center that is referred the	5411
report if the report is referred to a children's advocacy center	5412
pursuant to an interagency agreement entered into under section	5413
2151.428 of the Revised Code, to be provided with the following	5414
information:	5415

(a) Whether the agency or center has initiated an	5416
investigation of the report;	5417

(b) Whether the agency or center is continuing to investigate	5418
the report;	5419

(c) Whether the agency or center is otherwise involved with	5420
the child who is the subject of the report;	5421

(d) The general status of the health and safety of the child	5422
who is the subject of the report;	5423

(e) Whether the report has resulted in the filing of a	5424
complaint in juvenile court or of criminal charges in another	5425
court.	5426

(2) A person may request the information specified in	5427
division (K)(1) of this section only if, at the time the report is	5428
made, the person's name, address, and telephone number are	5429
provided to the person who receives the report.	5430

When a municipal or county peace officer or employee of a	5431
public children services agency receives a report pursuant to	5432
division (A) or (B) of this section the recipient of the report	5433
shall inform the person of the right to request the information	5434
described in division (K)(1) of this section. The recipient of the	5435
report shall include in the initial ~~child abuse or child neglect~~	5436
report that the person making the report was so informed and, if	5437
provided at the time of the making of the report, shall include	5438
the person's name, address, and telephone number in the report.	5439

Each request is subject to verification of the identity of	5440
the person making the report. If that person's identity is	5441
verified, the agency shall provide the person with the information	5442
described in division (K)(1) of this section a reasonable number	5443
of times, except that the agency shall not disclose any	5444
confidential information regarding the child who is the subject of	5445
the report other than the information described in those	5446
divisions.	5447

(3) A request made pursuant to division (K)(1) of this	5448
section is not a substitute for any report required to be made	5449
pursuant to division (A) of this section.	5450

(4) If an agency other than the agency that received or was	5451
referred the report is conducting the investigation of the report	5452
pursuant to section 2151.422 of the Revised Code, the agency	5453
conducting the investigation shall comply with the requirements of	5454
division (K) of this section.	5455

(L) The director of job and family services shall adopt rules	5456
in accordance with Chapter 119. of the Revised Code to implement	5457
this section. The department of job and family services may enter	5458
into a plan of cooperation with any other governmental entity to	5459
aid in ensuring that children are protected from ~~abuse and~~	5460
~~neglect~~acts and omissions that result in the children being in	5461
need of protective services. The department shall make	5462
recommendations to the attorney general that the department	5463
determines are necessary to protect children from ~~child abuse and~~	5464
~~child neglect~~acts and omissions that result in the children being	5465
in need of protective services.	5466

(M) Whoever violates division (A) of this section is liable	5467
for compensatory and exemplary damages to the child who would have	5468
been the subject of the report that was not made. A person who	5469
brings a civil action or proceeding pursuant to this division	5470
against a person who is alleged to have violated division (A)(1)	5471
of this section may use in the action or proceeding reports of	5472
other incidents of known or suspected ~~abuse or neglect~~acts or	5473
omissions that would result in a child being a child in need of	5474
protective services, provided that any information in a report	5475
that would identify the child who is the subject of the report or	5476
the maker of the report, if the maker is not the defendant or an	5477
agent or employee of the defendant, has been redacted.	5478

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

5479

(a) "Out-of-home care" includes a nonchartered nonpublic	5480
school if the alleged ~~child abuse or child neglect~~acts or	5481
omissions that indicate that a child is a child in need of	5482
protective services, or alleged threat of ~~child abuse or child~~	5483
~~neglect~~acts or omissions that indicate that a child is a child in	5484
need of protective services, described in a report received by a	5485
public children services agency allegedly occurred in or involved	5486
the nonchartered nonpublic school and the alleged perpetrator	5487
named in the report holds a certificate, permit, or license	5488
issued by the state board of education under section 3301.071 or	5489
Chapter 3319. of the Revised Code.	5490

(b) "Administrator, director, or other chief administrative	5491
officer" means the superintendent of the school district if the	5492
out-of-home care entity subject to a report made pursuant to this	5493
section is a school operated by the district.	5494

(2) No later than the end of the day following the day on	5495
which a public children services agency receives a report of	5496
alleged ~~child abuse or child neglect~~acts or omissions that	5497
indicate that a child is a child in need of protective services,	5498
or a report of an alleged threat of ~~child abuse or child neglect~~	5499
acts or omissions that indicate that a child is a child in need of	5500
protective services, that allegedly occurred in or involved an	5501
out-of-home care entity, the agency shall provide written notice	5502
of the allegations contained in and the person named as the	5503
alleged perpetrator in the report to the administrator, director,	5504
or other chief administrative officer of the out-of-home care	5505
entity that is the subject of the report unless the administrator,	5506
director, or other chief administrative officer is named as an	5507
alleged perpetrator in the report. If the administrator, director,	5508
or other chief administrative officer of an out-of-home care	5509
entity is named as an alleged perpetrator in a report of alleged	5510
~~child abuse or child neglect~~acts or omissions that indicate that	5511
a child is a child in need of protective services, or a report of	5512
an alleged threat of ~~child abuse or child neglect~~acts or	5513
omissions that indicate that a child is a child in need of	5514
protective services, that allegedly occurred in or involved the	5515
out-of-home care entity, the agency shall provide the written	5516
notice to the owner or governing board of the out-of-home care	5517
entity that is the subject of the report. The agency shall not	5518
provide witness statements or police or other investigative	5519
reports.	5520

(3) No later than three days after the day on which a public	5521
children services agency that conducted the investigation as	5522
determined pursuant to section 2151.422 of the Revised Code makes	5523
a disposition of an investigation involving a report of alleged	5524
~~child abuse or child neglect~~acts or omissions that indicate that	5525
a child is a child in need of protective services, or a report of	5526
an alleged threat of ~~child abuse or child neglect~~acts or	5527
omissions that indicate that a child is a child in need of	5528
protective services, that allegedly occurred in or involved an	5529
out-of-home care entity, the agency shall send written notice of	5530
the disposition of the investigation to the administrator,	5531
director, or other chief administrative officer and the owner or	5532
governing board of the out-of-home care entity. The agency shall	5533
not provide witness statements or police or other investigative	5534
reports.	5535

(O) Nothing in this section shall preclude a public children	5536
services agency from acting under the scope of its authority under	5537
other sections of the Revised Code to conduct an investigation	5538
regarding, or to provide services for, a child who has been	5539
injured or who is at substantial risk of harm due to an act or	5540
omission by a person other than the child's parent, legal	5541
guardian, or legal custodian.	5542

Sec. 2151.423. A public children services agency shall	5543
disclose confidential information discovered during an	5544
investigation conducted pursuant to section 2151.421 or 2151.422	5545
of the Revised Code to any federal, state, or local government	5546
entity that needs the information to carry out its	5547
responsibilities to protect children from ~~abuse or neglect~~acts or	5548
omissions that would cause any of the children to be a child in	5549
need of protective services.	5550

Information disclosed pursuant to this section is	5551
confidential and is not subject to disclosure pursuant to section	5552
149.43 or 1347.08 of the Revised Code by the agency to whom the	5553
information was disclosed. The agency receiving the information	5554
shall maintain the confidentiality of information disclosed	5555
pursuant to this section.	5556

Sec. 2151.425. As used in sections 2151.426 to 2151.428 of	5557
the Revised Code:	5558

~~(A) "Children's~~, "children's advocacy center" means a center	5559
operated by participating entities within a county or two or more	5560
contiguous counties to perform functions and activities and	5561
provide services, in accordance with the interagency agreement	5562
entered into under section 2151.428 of the Revised Code, regarding	5563
reports received under section 2151.421 of the Revised Code of an	5564
alleged ~~sexual abuse of~~act or omission that indicates that a	5565
child is a child in need of protective services as a result of	5566
sexual harm or another type of abuse of a child that is specified	5567
in the memorandum of understanding that creates the center as	5568
being within the center's jurisdiction and regarding the children	5569
who are the subjects of the report.	5570

~~(B) "Sexual abuse of a child" means unlawful sexual conduct~~	5571
~~or sexual contact, as those terms are defined in section 2907.01~~	5572
~~of the Revised Code, with a person under eighteen years of age or~~	5573
~~a mentally retarded, developmentally disabled, or physically~~	5574
~~impaired person under twenty-one years of age.~~	5575

Sec. 2151.426. (A)(1) A children's advocacy center may be	5576
established to serve a single county by execution of a memorandum	5577
of understanding regarding the participation in the operation of	5578
the center by any of the following entities in the county to be	5579
served by the center:	5580

(a) The public children services agency;

5581

(b) Representatives of any county or municipal law	5582
enforcement agencies serving the county that investigate any of	5583
the types of abuse specified in the memorandum of understanding	5584
creating the center as being within the center's jurisdiction;	5585

(c) The prosecuting attorney of the county or a village	5586
solicitor, city director of law, or similar chief legal officer of	5587
a municipal corporation in the county who prosecutes any of the	5588
types of abuse specified in the memorandum of understanding	5589
creating the center as being within the center's jurisdiction in	5590
the area to be served by the center;	5591

(d) Any other entity considered appropriate by all of the	5592
other entities executing the memorandum.	5593

(2) A children's advocacy center may be established to serve	5594
two or more contiguous counties if a memorandum of understanding	5595
regarding the participation in the operation of the center is	5596
executed by any of the entities described in division (A)(1) of	5597
this section in each county to be served by the center.	5598

(3) Any memorandum of understanding executed under this	5599
section may include a provision that specifies types of abuse of a	5600
child, in addition to ~~sexual abuse of~~acts or omissions that	5601
indicate that a child has been sexually harmed, that are to be	5602
within the jurisdiction of the children's advocacy center created	5603
as a result of the execution of the memorandum. If a memorandum of	5604
understanding executed under this section does not include any	5605
provision of that nature, the children's advocacy center created	5606
as a result of the execution of the memorandum has jurisdiction	5607
only in relation to reports of alleged ~~sexual abuse of~~acts or	5608
omissions against a child that indicate that the child is a child	5609
in need of protective services as a result of sexual harm.	5610

(B) Each entity that participates in the execution of a	5611
memorandum of understanding under this section shall cooperate in	5612
all of the following:	5613

(1) Developing a multidisciplinary team pursuant to section	5614
2151.427 of the Revised Code to perform the functions and	5615
activities and provide the services specified in the interagency	5616
agreement entered into under section 2151.428 of the Revised Code,	5617
regarding reports received under section 2151.421 of the Revised	5618
Code of alleged ~~sexual abuse of~~acts or omissions against a child	5619
that indicate that the child is in need of protective services as	5620
a result of sexual harm and reports of allegations of another type	5621
of abuse of a child that is specified in the memorandum of	5622
understanding that creates the center as being within the center's	5623
jurisdiction, and regarding the children who are the subjects of	5624
the reports;	5625

(2) Participating in the operation of the center in	5626
compliance with standards for full membership established by the	5627
national children's alliance;	5628

(3) Employing the center's staff.

5629

5630

(1) Operate in accordance with sections 2151.427 and 2151.428	5631
of the Revised Code, the interagency agreement entered into under	5632
section 2151.428 of the Revised Code relative to the center, and	5633
the standards for full membership established by the national	5634
children's alliance;	5635

(2) Register annually with the attorney general.

5636

Sec. 2151.427. (A) The entities that participate in a	5637
memorandum of understanding executed under section 2151.426 of the	5638
Revised Code establishing a children's advocacy center shall	5639
assemble the center's multidisciplinary team.	5640

(B)(1) The multidisciplinary team for a single county center	5641
shall consist of the following members who serve the county:	5642

(a) Any county or municipal law enforcement officer;

5643

(b) The executive director of the public children services	5644
agency or a designee of the executive director;	5645

(c) The prosecuting attorney of the county or the prosecuting	5646
attorney's designee;	5647

(d) A mental health professional;

5648

(e) A medical health professional;

5649

(f) A victim advocate;

5650

(g) A center staff member;

5651

(h) Any other person considered appropriate by all of the	5652
entities that executed the memorandum.	5653

(2) If the center serves two or more contiguous counties, the	5654
multidisciplinary team shall consist of the members described in	5655
division (B)(1) of this section from the counties to be served by	5656
the center, with each county to be served by the center being	5657
represented on the multidisciplinary team by at least one member	5658
described in that division.	5659

(C) The multidisciplinary team shall perform the functions	5660
and activities and provide the services specified in the	5661
interagency agreement entered into under section 2151.428 of the	5662
Revised Code, regarding reports received under section 2151.421 of	5663
the Revised Code of alleged ~~sexual abuse of~~acts or omissions	5664
against a child that indicate that the child is a child in need of	5665
protective services as a result of sexual harm and reports of	5666
allegations of another type of abuse of a child that is specified	5667
in the memorandum of understanding that creates the center as	5668
being within the center's jurisdiction and regarding the children	5669
who are the subjects of the reports.	5670

Sec. 2151.428. (A) If a children's advocacy center is	5671
established under section 2151.426 of the Revised Code, in	5672
addition to the memorandum of understanding executed under that	5673
section, each public children services agency that participates in	5674
the execution of the memorandum of understanding, the children's	5675
advocacy center, and the children's advocacy center's	5676
multidisciplinary team assembled under section 2151.427 of the	5677
Revised Code shall enter into an interagency agreement that	5678
stipulates all of the following regarding reports received under	5679
section 2151.421 of the Revised Code of alleged ~~sexual abuse of~~	5680
acts or omissions against a child that indicate that the child is	5681
a child in need of protective services as a result of sexual harm	5682
and reports of allegations of another type of abuse of a child	5683
that is specified in the memorandum of understanding that creates	5684
the center as being within the center's jurisdiction:	5685

(1) The protocol and procedures for any and all referrals and	5686
investigations of the reports;	5687

(2) Any and all coordinating activities between the parties	5688
that enter into the agreement;	5689

(3) The authority or responsibility for performing any and	5690
all functions and activities, and providing any and all services,	5691
regarding the reports and the children who are the subjects of the	5692
reports.	5693

(B) The parties that enter into an interagency agreement	5694
under division (A) of this section shall comply with the agreement	5695
in referring the reports, investigating the reports, coordinating	5696
the activities between the parties, and performing and providing	5697
the functions, activities, and services relative to the reports	5698
and the children who are the subjects of the reports.	5699

(C) Nothing in this section, section 2151.421, or sections	5700
2151.425 to 2151.427 of the Revised Code pertaining to the	5701
operation of a children's advocacy center shall relieve any public	5702
official or agency from any legal obligation or responsibility.	5703

Sec. 2151.44. If it appears at the hearing of a child that	5704
any person has ~~abused~~committed an act or omission that has caused	5705
the child to be a child in need of protective services or has	5706
aided, induced, caused, encouraged, or contributed to the	5707
~~dependency, neglect,~~child becoming a child in need of protective	5708
services or to the delinquency of a child or acted in a way	5709
tending to cause delinquency in such child, or that a person	5710
charged with the care, support, education, or maintenance of any	5711
child has failed to support or sufficiently contribute toward the	5712
support, education, and maintenance of such child, the juvenile	5713
judge may order a complaint filed against such person and proceed	5714
to hear and dispose of the case as provided in sections 2151.01	5715
to 2151.54~~, inclusive,~~ of the Revised Code.	5716

On the request of the judge, the prosecuting attorney shall	5717
prosecute all adults charged with violating such sections.	5718

~~Sec. 2151.03.~~ Sec. 2151.45. ~~(A) As used in this chapter,~~	5719
~~"neglected child" includes any child:~~	5720

~~(1) Who is abandoned by the child's parents, guardian, or~~	5721
~~custodian;~~	5722

~~(2) Who lacks adequate parental care because of the faults or~~	5723
~~habits of the child's parents, guardian, or custodian;~~	5724

~~(3) Whose parents, guardian, or custodian neglects the child~~	5725
~~or refuses to provide proper or necessary subsistence, education,~~	5726
~~medical or surgical care or treatment, or other care necessary for~~	5727
~~the child's health, morals, or well being;~~	5728

~~(4) Whose parents, guardian, or custodian neglects the child~~	5729
~~or refuses to provide the special care made necessary by the~~	5730
~~child's mental condition;~~	5731

~~(5) Whose parents, legal guardian, or custodian have placed~~	5732
~~or attempted to place the child in violation of sections 5103.16~~	5733
~~and 5103.17 of the Revised Code;~~	5734

~~(6) Who, because of the omission of the child's parents,~~	5735
~~guardian, or custodian, suffers physical or mental injury that~~	5736
~~harms or threatens to harm the child's health or welfare;~~	5737

~~(7) Who is subjected to out-of-home care child neglect.~~

5738

~~(B)~~ Nothing in this chapter shall be construed as subjecting	5739
a parent, guardian, or custodian of a child to criminal liability	5740
when, solely in the practice of religious beliefs, the parent,	5741
guardian, or custodian fails to provide adequate medical or	5742
surgical care or treatment for the child. This ~~division~~section	5743
does not abrogate or limit any person's responsibility under	5744
section 2151.421 of the Revised Code to report ~~child abuse~~an act	5745
or omission that is known or reasonably suspected or believed to	5746
have occurred~~, child neglect that is known or reasonably suspected~~	5747
~~or believed to have occurred,~~that indicates that the child is or	5748
will become a child in need of protective services and children	5749
who are known to face or are reasonably suspected or believed to	5750
be facing a threat of suffering ~~abuse or neglect~~that reasonably	5751
indicates that a child is a child in need of protective services	5752
and does not preclude any exercise of the authority of the state,	5753
any political subdivision, or any court to ensure that medical or	5754
surgical care or treatment is provided to a child when the child's	5755
health requires the provision of medical or surgical care or	5756
treatment.	5757

Sec. 2151.54. The juvenile court shall tax and collect the	5758
same fees and costs as are allowed the clerk of the court of	5759
common pleas for similar services. No fees or costs shall be taxed	5760
in cases of delinquent,or unruly~~, dependent, abused, or neglected~~	5761
children or children in need of protective services except as	5762
required by section 2743.70 or 2949.091 of the Revised Code or	5763
when specifically ordered by the court. The expense of	5764
transportation of children to places to which they have been	5765
committed, and the transportation of children to and from another	5766
state by police or other officers, acting upon order of the court,	5767
shall be paid from the county treasury upon specifically itemized	5768
vouchers certified to by the judge.	5769

If a child is adjudicated to be a delinquent child or a	5770
juvenile traffic offender and the juvenile court specifically is	5771
required, by section 2743.70 or 2949.091 of the Revised Code or	5772
any other section of the Revised Code, to impose a specified sum	5773
of money as court costs in addition to any other court costs that	5774
the court is required or permitted by law to impose, the court	5775
shall not waive the payment of the specified additional court	5776
costs that the section of the Revised Code specifically requires	5777
the court to impose unless the court determines that the child is	5778
indigent and the court either waives the payment of all court	5779
costs or enters an order in its journal stating that no court	5780
costs are to be taxed in the case.	5781

Sec. 2151.56. The governor is hereby authorized to execute a	5782
compact on behalf of this state with any other state or states	5783
legally joining therein in the form substantially as follows:	5784

THE INTERSTATE COMPACT ON JUVENILES	5785

The contracting states solemnly agree:

5786

Article I -- Findings and Purposes	5787

That juveniles who are not under proper supervision and	5788
control, or who have absconded, escaped or run away, are likely to	5789
endanger their own health, morals and welfare, and the health,	5790
morals and welfare of others. The cooperation of the states party	5791
to this compact is therefore necessary to provide for the welfare	5792
and protection of juveniles and of the public with respect to (1)	5793
cooperative supervision of delinquent juveniles on probation or	5794
parole; (2) the return, from one state to another, of delinquent	5795
juveniles who have escaped or absconded; (3) the return, from one	5796
state to another, of nondelinquent juveniles who have run away	5797
from home; and (4) additional measures for the protection of	5798
juveniles and of the public, which any two or more of the party	5799
states may find desirable to undertake cooperatively. In carrying	5800
out the provisions of this compact the party states shall be	5801
guided by the noncriminal, reformative and protective policies	5802
which guide their laws concerning delinquent~~, neglected or~~	5803
~~dependent~~ juveniles or children in need of protective services	5804
generally. It shall be the policy of the states party to this	5805
compact to cooperate and observe their respective responsibilities	5806
for the prompt return and acceptance of juveniles and delinquent	5807
juveniles who become subject to the provisions of this compact.	5808
The provisions of this compact shall be reasonably and liberally	5809
construed to accomplish the foregoing purposes.	5810

Article II -- Existing Rights and Remedies	5811

That all remedies and procedures provided by this compact	5812
shall be in addition to and not in substitution for other rights,	5813
remedies and procedures, and shall not be in derogation of	5814
parental rights and responsibilities.	5815

Article III -- Definitions	5816

That, for the purposes of this compact, "delinquent juvenile"	5817
means any juvenile who has been adjudged delinquent and who, at	5818
the time the provisions of this compact are invoked, is still	5819
subject to the jurisdiction of the court that has made such	5820
adjudication or to the jurisdiction or supervision of an agency or	5821
institution pursuant to an order of such court; "probation or	5822
parole" means any kind of conditional release of juveniles	5823
authorized under the laws of the states party hereto; "court"	5824
means any court having jurisdiction over delinquent~~, neglected or~~	5825
~~dependent~~ children or children in need of protective services;	5826
"state" means any state, territory or possessions of the United	5827
States, the District of Columbia, and the Commonwealth of Puerto	5828
Rico; and "residence" or any variant thereof means a place at	5829
which a home or regular place of abode is maintained.	5830

Article IV -- Return of Runaways	5831

(a) That the parent, guardian, person or agency entitled to	5832
legal custody of a juvenile who has not been adjudged delinquent	5833
but who has run away without the consent of such parent, guardian,	5834
person or agency may petition the appropriate court in the	5835
demanding state for the issuance of a requisition for his return.	5836
The petition shall state the name and age of the juvenile, the	5837
name of the petitioner and the basis of entitlement to the	5838
juvenile's custody, the circumstances of his running away, his	5839
location if known at the time application is made, and such other	5840
facts as may tend to show that the juvenile who has run away is	5841
endangering his own welfare or the welfare of others and is not an	5842
emancipated minor. The petition shall be verified by affidavit,	5843
shall be executed in duplicate, and shall be accompanied by two	5844
certified copies of the document or documents on which the	5845
petitioner's entitlement to the juvenile's custody is based, such	5846
as birth records, letters of guardianship, or custody decrees.	5847
Such further affidavits and other documents as may be deemed	5848
proper may be submitted with such petition. The judge of the court	5849
to which this application is made may hold a hearing thereon to	5850
determine whether for the purposes of this compact the petitioner	5851
is entitled to the legal custody of the juvenile, whether or not	5852
it appears that the juvenile has in fact run away without consent,	5853
whether or not he is an emancipated minor, and whether or not it	5854
is in the best interest of the juvenile to compel his return to	5855
the state. If the judge determines, either with or without a	5856
hearing, that the juvenile should be returned, he shall present to	5857
the appropriate court or to the executive authority of the state	5858
where the juvenile is alleged to be located a written requisition	5859
for the return of such juvenile. Such requisition shall set forth	5860
the name and age of the juvenile, the determination of the court	5861
that the juvenile has run away without the consent of a parent,	5862
guardian, person or agency entitled to his legal custody, and that	5863
it is in the best interest and for the protection of such juvenile	5864
that he be returned. In the event that a proceeding for the	5865
adjudication of the juvenile as a delinquent~~, neglected or~~	5866
~~dependent~~ juvenile or a child in need of protective services is	5867
pending in the court at the time when such juvenile runs away, the	5868
court may issue a requisition for the return of such juvenile upon	5869
its own motion, regardless of the consent of the parent, guardian,	5870
person or agency entitled to legal custody, reciting therein the	5871
nature and circumstances of the pending proceeding. The	5872
requisition shall in every case be executed in duplicate and shall	5873
be signed by the judge. One copy of the requisition shall be filed	5874
with the compact administrator of the demanding state, there to	5875
remain on file subject to the provisions of law governing records	5876
of such court. Upon the receipt of a requisition demanding the	5877
return of a juvenile who has run away, the court or the executive	5878
authority to whom the requisition is addressed shall issue an	5879
order to any peace officer or other appropriate person directing	5880
him to take into custody and detain such juvenile. Such detention	5881
order must substantially recite the facts necessary to the	5882
validity of its issuance hereunder. No juvenile detained upon such	5883
order shall be delivered over to the officer whom the court	5884
demanding him shall have appointed to receive him, unless he shall	5885
first be taken forthwith before a judge of a court in the state,	5886
who shall inform him of the demand made for his return, and who	5887
may appoint counsel or guardian ad litem for him. If the judge of	5888
such court shall find that the requisition is in order, he shall	5889
deliver such juvenile over to the officer whom the court demanding	5890
him shall have appointed to receive him. The judge, however, may	5891
fix a reasonable time to be allowed for the purpose of testing the	5892
legality of the proceeding.	5893

Upon reasonable information that a person is a juvenile who	5894
has run away from another state party to this compact without the	5895
consent of a parent, guardian, person or agency entitled to his	5896
legal custody, such juvenile may be taken into custody without a	5897
requisition and brought forthwith before a judge of the	5898
appropriate court who may appoint counsel or guardian ad litem for	5899
such juvenile and who shall determine after a hearing whether	5900
sufficient cause exists to hold the person, subject to the order	5901
of the court, for his own protection and welfare, for such a time	5902
not exceeding ninety days as will enable his return to another	5903
state party to this compact pursuant to a requisition for his	5904
return from a court of that state. If, at the time when a state	5905
seeks the return of a juvenile who has run away, there is pending	5906
in the state wherein he is found any criminal charge, or any	5907
proceeding to have him adjudicated a delinquent juvenile for an	5908
act committed in such state, or if he is suspected of having	5909
committed within such state a criminal offense or an act of	5910
juvenile delinquency, he shall not be returned without the consent	5911
of such state until discharged from prosecution or other form of	5912
proceeding, imprisonment, detention or supervision for such	5913
offense or juvenile delinquency. The duly accredited officers of	5914
any state party to this compact, upon the establishment of their	5915
authority and the identity of the juvenile being returned, shall	5916
be permitted to transport such juvenile through any and all states	5917
party to this compact, without interference. Upon his return to	5918
the state from which he ran away, the juvenile shall be subject to	5919
such further proceedings as may be appropriate under the laws of	5920
that state.	5921

(b) That the state to which a juvenile is returned under this	5922
Article shall be responsible for payment of the transportation	5923
costs of such return.	5924

(c) That "juvenile" as used in this Article means any person	5925
who is a minor under the law of the state of residence of the	5926
parent, guardian, person or agency entitled to the legal custody	5927
of such minor.	5928

Article V -- Return of Escapees and Absconders	5929

(a) That the appropriate person or authority from whose	5930
probation or parole supervision a delinquent juvenile has	5931
absconded or from whose institutional custody he has escaped shall	5932
present to the appropriate court or to the executive authority of	5933
the state where the delinquent juvenile is alleged to be located a	5934
written requisition for the return of such delinquent juvenile.	5935
Such requisition shall state the name and age of the delinquent	5936
juvenile, the particulars of his adjudication as a delinquent	5937
juvenile, the circumstances of the breach of the terms of his	5938
probation or parole or of his escape from an institution or agency	5939
vested with his legal custody or supervision, and the location of	5940
such delinquent juvenile, if known, at the time the requisition is	5941
made. The requisition shall be verified by affidavit, shall be	5942
executed in duplicate, and shall be accompanied by two certified	5943
copies of the judgment, formal adjudication, or order of	5944
commitment which subjects such delinquent juvenile to probation or	5945
parole or to the legal custody of the institution or agency	5946
concerned. Such further affidavits and other documents as may be	5947
deemed proper may be submitted with such requisition. One copy of	5948
the requisition shall be filed with the compact administrator of	5949
the demanding state, there to remain on file subject to the	5950
provisions of law governing records of the appropriate court. Upon	5951
the receipt of a requisition demanding the return of a delinquent	5952
juvenile who has absconded or escaped, the court or the executive	5953
authority to whom the requisition is addressed shall issue an	5954
order to any peace officer or other appropriate person directing	5955
him to take into custody and detain such delinquent juvenile. Such	5956
detention order must substantially recite the facts necessary to	5957
the validity of its issuance hereunder. No delinquent juvenile	5958
detained upon such order shall be delivered over to the officer	5959
whom the appropriate person or authority demanding him shall have	5960
appointed to receive him, unless he shall first be taken forthwith	5961
before a judge of an appropriate court in the state, who shall	5962
inform him of the demand made for his return and who may appoint	5963
counsel or guardian ad litem for him. If the judge of such court	5964
shall find that the requisition is in order, he shall deliver such	5965
delinquent juvenile over to the officer whom the appropriate	5966
person or authority demanding him shall have appointed to receive	5967
him. The judge, however, may fix a reasonable time to be allowed	5968
for the purpose of testing the legality of the proceeding.	5969

Upon reasonable information that a person is a delinquent	5970
juvenile who has absconded while on probation or parole, or	5971
escaped from an institution or agency vested with his legal	5972
custody or supervision in any state party to this compact, such	5973
person may be taken into custody in any other state party to this	5974
compact without a requisition. But in such event, he must be taken	5975
forthwith before a judge of the appropriate court, who may appoint	5976
counsel or guardian ad litem for such person and who shall	5977
determine, after a hearing, whether sufficient cause exists to	5978
hold the person subject to the order of the court for such a time,	5979
not exceeding ninety days, as will enable his detention under a	5980
detention order issued on a requisition pursuant to this Article.	5981
If, at the time when a state seeks the return of a delinquent	5982
juvenile who has either absconded while on probation or parole or	5983
escaped from an institution or agency vested with his legal	5984
custody or supervision, there is pending in the state wherein he	5985
is detained any criminal charge or any proceeding to have him	5986
adjudicated a delinquent juvenile for an act committed in such	5987
state, or if he is suspected of having committed within such state	5988
a criminal offense or an act of juvenile delinquency, he shall not	5989
be returned without the consent of such state until discharged	5990
from prosecution or other form of proceeding, imprisonment,	5991
detention or supervision for such offense or juvenile delinquency.	5992
The duly accredited officers of any state party to this compact,	5993
upon the establishment of their authority and the identity of the	5994
delinquent juvenile being returned, shall be permitted to	5995
transport such delinquent juvenile through any and all states	5996
party to this compact, without interference. Upon his return to	5997
the state from which he escaped or absconded, the delinquent	5998
juvenile shall be subject to such further proceedings as may be	5999
appropriate under the laws of that state.	6000

(b) That the state to which a delinquent juvenile is returned	6001
under this Article shall be responsible for the payment of the	6002
transportation costs of such return.	6003

Article VI -- Voluntary Return Procedure	6004

That any delinquent juvenile who has absconded while on	6005
probation or parole, or escaped from an institution or agency	6006
vested with his legal custody or supervision in any state party to	6007
this compact, and any juvenile who has run away from any state	6008
party to this compact, who is taken into custody without a	6009
requisition in another state party to this compact under the	6010
provisions of Article IV (a) or of Article V (a), may consent to	6011
his immediate return to the state from which he absconded, escaped	6012
or ran away. Such consent shall be given by the juvenile or	6013
delinquent juvenile and his counsel or guardian ad litem if any,	6014
by executing or subscribing a writing, in the presence of a judge	6015
of the appropriate court, which states that the juvenile or	6016
delinquent juvenile and his counsel or guardian ad litem, if any,	6017
consent to his return to the demanding state. Before such consent	6018
shall be executed or subscribed, however, the judge, in the	6019
presence of counsel or guardian ad litem, if any, shall inform the	6020
juvenile or delinquent juvenile of his rights under this compact.	6021
When the consent has been duly executed, it shall be forwarded to	6022
and filed with the compact administrator of the state in which the	6023
court is located and the judge shall direct the officer having the	6024
juvenile or delinquent juvenile in custody to deliver him to the	6025
duly accredited officer or officers of the state demanding his	6026
return, and shall cause to be delivered to such officer or	6027
officers a copy of the consent. The court may, however, upon the	6028
request of the state to which the juvenile or delinquent juvenile	6029
is being returned, order him to return unaccompanied to such state	6030
and shall provide him with a copy of such court order; in such	6031
event a copy of the consent shall be forwarded to the compact	6032
administrator of the state to which said juvenile or delinquent	6033
juvenile is ordered to return.	6034

Article VII -- Cooperative Supervision of	6035

Probationers and Parolees	6036

(a) That the duly constituted judicial and administrative	6037
authorities of a state party to this compact (herein called	6038
"sending state") may permit any delinquent juvenile within such	6039
state, placed on probation or parole, to reside in any other state	6040
party to this compact (herein called "receiving state") while on	6041
probation or parole, and the receiving state shall accept such	6042
delinquent juvenile, if the parent, guardian or person entitled to	6043
the legal custody of such delinquent juvenile is residing or	6044
undertakes to reside within the receiving state. Before granting	6045
such permission, opportunity shall be given to the receiving state	6046
to make such investigations as it deems necessary. The authorities	6047
of the sending state shall send to the authorities of the	6048
receiving state copies of pertinent court orders, social case	6049
studies and all other available information which may be of value	6050
to and assist the receiving state in supervising a probationer or	6051
parolee under this compact. A receiving state, in its discretion,	6052
may agree to accept supervision of a probationer or parolee in	6053
cases where the parent, guardian or person entitled to the legal	6054
custody of the delinquent juvenile is not a resident of the	6055
receiving state, and if so accepted the sending state may transfer	6056
supervision accordingly.	6057

(b) That each receiving state will assume the duties of	6058
visitation and of supervision over any such delinquent juvenile	6059
and in the exercise of those duties will be governed by the same	6060
standards of visitation and supervision that prevail for its own	6061
delinquent juveniles released on probation or parole.	6062

(c) That, after consultation between the appropriate	6063
authorities of the sending state and of the receiving state as to	6064
the desirability and necessity of returning such a delinquent	6065
juvenile, the duly accredited officers of a sending state may	6066
enter a receiving state and there apprehend and retake any such	6067
delinquent juvenile on probation or parole. For that purpose, no	6068
formalities will be required, other than establishing the	6069
authority of the officer and the identity of the delinquent	6070
juvenile to be retaken and returned. The decision of the sending	6071
state to retake a delinquent juvenile on probation or parole shall	6072
be conclusive upon and not reviewable within the receiving state,	6073
but if, at the time the sending state seeks to retake a delinquent	6074
juvenile on probation or parole, there is pending against him	6075
within the receiving state any criminal charge or any proceeding	6076
to have him adjudicated a delinquent juvenile for any act	6077
committed in such state, or if he is suspected of having committed	6078
within such state a criminal offense or an act of juvenile	6079
delinquency, he shall not be returned without the consent of the	6080
receiving state until discharged from prosecution or other form of	6081
proceeding, imprisonment, detention or supervision for such	6082
offense or juvenile delinquency. The duly accredited officers of	6083
the sending state shall be permitted to transport delinquent	6084
juveniles being so returned through any and all states party to	6085
this compact, without interference.	6086

(d) That the sending state shall be responsible under this	6087
Article for paying the costs of transporting any delinquent	6088
juvenile to the receiving state or of returning any delinquent	6089
juvenile to the sending state.	6090

Article VIII -- Responsibility for Costs	6091

(a) That the provisions of Articles IV(b), V(b) and VII(d) of	6092
this compact shall not be construed to alter or affect any	6093
internal relationship among the departments, agencies and officers	6094
of and in the government of a party state, or between a party	6095
state and its subdivisions, as to the payment of costs, or	6096
responsibilities therefor.	6097

(b) That nothing in this compact shall be construed to	6098
prevent any party state or subdivision thereof from asserting any	6099
right against any person, agency or other entity in regard to	6100
costs for which such party state or subdivision thereof may be	6101
responsible pursuant to Articles IV(b), V(b) or VII(d) of this	6102
compact.	6103

Article IX -- Detention Practices	6104

That, to every extent possible, it shall be the policy of	6105
states party to this compact that no juvenile or delinquent	6106
juvenile shall be placed or detained in any prison, jail or lockup	6107
nor be detained or transported in association with criminal,	6108
vicious or dissolute persons.	6109

Article X -- Supplementary Agreements	6110

That the duly constituted administrative authorities of a	6111
state party to this compact may enter into supplementary	6112
agreements with any other state or states party hereto for the	6113
cooperative care, treatment and rehabilitation of delinquent	6114
juveniles whenever they shall find that such agreements will	6115
improve the facilities or programs available for such care,	6116
treatment and rehabilitation. Such care, treatment and	6117
rehabilitation may be provided in an institution located within	6118
any state entering into such supplementary agreement. Such	6119
supplementary agreements shall (1) provide the rates to be paid	6120
for the care, treatment and custody of such delinquent juveniles,	6121
taking into consideration the character of facilities, services	6122
and subsistence furnished; (2) provide that the delinquent	6123
juvenile shall be given a court hearing prior to his being sent to	6124
another state for care, treatment and custody; (3) provide that	6125
the state receiving such a delinquent juvenile in one of its	6126
institutions shall act solely as agent for the state sending such	6127
delinquent juvenile; (4) provide that the sending state shall at	6128
all times retain jurisdiction over delinquent juveniles sent to an	6129
institution in another state; (5) provide for reasonable	6130
inspection of such institutions by the sending state; (6) provide	6131
that the consent of the parent, guardian, person or agency	6132
entitled to the legal custody of said delinquent juvenile shall be	6133
secured prior to his being sent to another state; and (7) make	6134
provision for such other matters and details as shall be necessary	6135
to protect the rights and equities of such delinquent juveniles	6136
and of the cooperating states.	6137

Article XI -- Acceptance of Federal and Other Aid	6138

That any state party to this compact may accept any and all	6139
donations, gifts and grants of money, equipment and services from	6140
the federal or any local government, or any agency thereof and	6141
from any person, firm or corporation, for any of the purposes and	6142
functions of this compact, and may receive and utilize the same	6143
subject to the terms, conditions and regulations governing such	6144
donations, gifts and grants.	6145

Article XII -- Compact Administrators	6146

That the governor of each state party to this compact shall	6147
designate an officer who, acting jointly with like officers of	6148
other party states, shall promulgate rules and regulations to	6149
carry out more effectively the terms and provisions of this	6150
compact.	6151

Article XIII -- Execution of Compact	6152

That this compact shall become operative immediately upon its	6153
execution by any state as between it and any other state or states	6154
so executing. When executed it shall have the full force and	6155
effect of law within such state, the form of execution to be in	6156
accordance with the laws of the executing state.	6157

Article XIV -- Renunciation	6158

That this compact shall continue in force and remain binding	6159
upon each executing state until renounced by it. Renunciation of	6160
this compact shall be by the same authority which executed it, by	6161
sending six months' notice in writing of its intention to withdraw	6162
from the compact to the other states party hereto. The duties and	6163
obligations of a renouncing state under Article VII hereof shall	6164
continue as to parolees and probationers residing therein at the	6165
time of withdrawal until retaken or finally discharged.	6166
Supplementary agreements entered into under Article X hereof shall	6167
be subject to renunciation as provided by such supplementary	6168
agreements, and shall not be subject to the six months'	6169
renunciation notice of the present Article.	6170

Article XV -- Severability	6171

That the provisions of this compact shall be severable and if	6172
any phrase, clause, sentence or provision of this compact is	6173
declared to be contrary to the constitution of any participating	6174
state or of the United States or the applicability thereof to any	6175
government, agency, person or circumstance is held invalid, the	6176
validity of the remainder of this compact and the applicability	6177
thereof to any government, agency, person or circumstance shall	6178
not be affected thereby. If this compact shall be held contrary to	6179
the constitution of any state participating therein, the compact	6180
shall remain in full force and effect as to the remaining states	6181
and in full force and effect as to the state affected as to all	6182
severable matters.	6183

Sec. 2151.65. Upon the advice and recommendation of the	6184
juvenile judge, the board of county commissioners may provide by	6185
purchase, lease, construction, or otherwise a school, forestry	6186
camp, or other facility or facilities where delinquent children,	6187
as defined in section 2152.02 of the Revised Code, ~~dependent~~	6188
~~children, abused~~ children in need of protective services, unruly	6189
children, as defined in section 2151.022 of the Revised Code, or	6190
~~neglected children or~~ juvenile traffic offenders may be held for	6191
training, treatment, and rehabilitation. Upon the joint advice and	6192
recommendation of the juvenile judges of two or more adjoining or	6193
neighboring counties, the boards of county commissioners of such	6194
counties may form themselves into a joint board and proceed to	6195
organize a district for the establishment and support of a school,	6196
forestry camp, or other facility or facilities for the use of the	6197
juvenile courts of such counties, where delinquent~~, dependent,~~	6198
~~abused,~~or unruly~~, or neglected~~ children, children in need of	6199
protective services, or juvenile traffic offenders may be held for	6200
treatment, training, and rehabilitation, by using a site or	6201
buildings already established in one such county, or by providing	6202
for the purchase of a site and the erection of the necessary	6203
buildings thereon. Such county or district school, forestry camp,	6204
or other facility or facilities shall be maintained as provided in	6205
Chapters 2151. and 2152. of the Revised Code. Children who are	6206
adjudged to be delinquent~~, dependent, neglected, abused,~~or unruly	6207
children, children in need of protective services, or juvenile	6208
traffic offenders may be committed to and held in any such school,	6209
forestry camp, or other facility or facilities for training,	6210
treatment, and rehabilitation.	6211

The juvenile court shall determine:

6212

(A) The children to be admitted to any school, forestry camp,	6213
or other facility maintained under this section;	6214

(B) The period such children shall be trained, treated, and	6215
rehabilitated at such facility;	6216

6217

Sec. 2151.86. (A)(1) The appointing or hiring officer of any	6218
entity that appoints or employs any person responsible for a	6219
child's care in out-of-home care shall request the superintendent	6220
of BCII to conduct a criminal records check with respect to any	6221
person who is under final consideration for appointment or	6222
employment as a person responsible for a child's care in	6223
out-of-home care, except that section 3319.39 of the Revised Code	6224
shall apply instead of this section if the out-of-home care entity	6225
is a public school, educational service center, or chartered	6226
nonpublic school.	6227

(2) At the times specified in this division, the	6228
administrative director of an agency, or attorney, who arranges an	6229
adoption for a prospective adoptive parent shall request the	6230
superintendent of BCII to conduct a criminal records check with	6231
respect to that prospective adoptive parent and a criminal records	6232
check with respect to all persons eighteen years of age or older	6233
who reside with the prospective adoptive parent. The	6234
administrative director or attorney shall request a criminal	6235
records check pursuant to this division at the time of the initial	6236
home study, every four years after the initial home study at the	6237
time of an update, and at the time that an adoptive home study is	6238
completed as a new home study.	6239

(3) Before a recommending agency submits a recommendation to	6240
the department of job and family services on whether the	6241
department should issue a certificate to a foster home under	6242
section 5103.03 of the Revised Code, and every four years	6243
thereafter prior to a recertification under that section, the	6244
administrative director of the agency shall request that the	6245
superintendent of BCII conduct a criminal records check with	6246
respect to the prospective foster caregiver and a criminal records	6247
check with respect to all other persons eighteen years of age or	6248
older who reside with the foster caregiver.	6249

(B)(1) If a person subject to a criminal records check under	6250
division (A)(1) of this section does not present proof that the	6251
person has been a resident of this state for the five-year period	6252
immediately prior to the date upon which the criminal records	6253
check is requested or does not provide evidence that within that	6254
five-year period the superintendent of BCII has requested	6255
information about the person from the federal bureau of	6256
investigation in a criminal records check, the appointing or	6257
hiring officer shall request that the superintendent of BCII	6258
obtain information from the federal bureau of investigation as a	6259
part of the criminal records check, including fingerprint-based	6260
checks of national crime information databases as described in 42	6261
U.S.C. 671. If a person subject to a criminal records check under	6262
division (A)(1) of this section presents proof that the person	6263
has been a resident of this state for that five-year period, the	6264
appointing or hiring officer or attorney may request that the	6265
superintendent of BCII include information from the federal bureau	6266
of investigation in the criminal records check, including	6267
fingerprint-based checks of national crime information databases	6268
as described in 42 U.S.C. 671.	6269

When the administrative director of an agency, or attorney,	6270
who arranges an adoption for a prospective parent requests, at the	6271
time of the initial home study, a criminal records check for a	6272
person pursuant to division (A)(2) of this section, the	6273
administrative director or attorney shall request that the	6274
superintendent of BCII obtain information from the federal bureau	6275
of investigation as part of the criminal records check, including	6276
fingerprint-based checks of national crime information databases	6277
as described in 42 U.S.C. 671, for the person subject to the	6278
criminal records check. In all other cases in which the	6279
administrative director of an agency, or attorney, who arranges an	6280
adoption for a prospective parent requests a criminal records	6281
check for a person pursuant to division (A)(2) of this section,	6282
the administrative director or attorney may request that the	6283
superintendent of BCII include information from the federal bureau	6284
of investigation in the criminal records check, including	6285
fingerprint-based checks of national crime information databases	6286
as described in 42 U.S.C. 671.	6287

When the administrative director of a recommending agency	6288
requests, before submitting a recommendation to the department of	6289
job and family services on whether the department should issue a	6290
certificate to a foster home under section 5103.03 of the Revised	6291
Code, a criminal records check for a person pursuant to division	6292
(A)(3) of this section, the administrative director shall request	6293
that the superintendent of BCII obtain information from the	6294
federal bureau of investigation as part of a criminal records	6295
check, including fingerprint-based checks of national crime	6296
information databases as described in 42 U.S.C. 671, for the	6297
person subject to the criminal records check. In all other cases	6298
in which the administrative director of a recommending agency	6299
requests a criminal records check for a person pursuant to	6300
division (A)(3) of this section, the administrative director may	6301
request that the superintendent of BCII include information from	6302
the federal bureau of investigation in the criminal records check,	6303
including fingerprint-based checks of national crime information	6304
databases as described in 42 U.S.C. 671.	6305

Prior to a hearing on a final decree of adoption or	6306
interlocutory order of adoption by a probate court, the	6307
administrative director of an agency, or an attorney, who arranges	6308
an adoption for a prospective parent shall provide to the clerk of	6309
the probate court either of the following:	6310

(a) Any information received pursuant to a request made under	6311
this division from the superintendent of BCII or the federal	6312
bureau of investigation as part of the criminal records check,	6313
including fingerprint-based checks of national crime information	6314
databases as described in 42 U.S.C. 671, for the person subject to	6315
the criminal records check;	6316

(b) Written notification that the person subject to a	6317
criminal records check pursuant to this division failed upon	6318
request to provide the information necessary to complete the form	6319
or failed to provide impressions of the person's fingerprints as	6320
required under division (B)(2) of this section.	6321

(2) An appointing or hiring officer, administrative director,	6322
or attorney required by division (A) of this section to request a	6323
criminal records check shall provide to each person subject to a	6324
criminal records check a copy of the form prescribed pursuant to	6325
division (C)(1) of section 109.572 of the Revised Code and a	6326
standard impression sheet to obtain fingerprint impressions	6327
prescribed pursuant to division (C)(2) of section 109.572 of the	6328
Revised Code, obtain the completed form and impression sheet from	6329
the person, and forward the completed form and impression sheet to	6330
the superintendent of BCII at the time the criminal records check	6331
is requested.	6332

Any person subject to a criminal records check who receives	6333
pursuant to this division a copy of the form prescribed pursuant	6334
to division (C)(1) of section 109.572 of the Revised Code and a	6335
copy of an impression sheet prescribed pursuant to division (C)(2)	6336
of that section and who is requested to complete the form and	6337
provide a set of fingerprint impressions shall complete the form	6338
or provide all the information necessary to complete the form and	6339
shall provide the impression sheet with the impressions of the	6340
person's fingerprints. If a person subject to a criminal records	6341
check, upon request, fails to provide the information necessary to	6342
complete the form or fails to provide impressions of the person's	6343
fingerprints, the appointing or hiring officer shall not appoint	6344
or employ the person as a person responsible for a child's care in	6345
out-of-home care, a probate court may not issue a final decree of	6346
adoption or an interlocutory order of adoption making the person	6347
an adoptive parent, and the department of job and family services	6348
shall not issue a certificate authorizing the prospective foster	6349
caregiver to operate a foster home.	6350

(C)(1) No appointing or hiring officer shall appoint or	6351
employ a person as a person responsible for a child's care in	6352
out-of-home care, the department of job and family services shall	6353
not issue a certificate under section 5103.03 of the Revised Code	6354
authorizing a prospective foster caregiver to operate a foster	6355
home, and no probate court shall issue a final decree of adoption	6356
or an interlocutory order of adoption making a person an adoptive	6357
parent if the person or, in the case of a prospective foster	6358
caregiver or prospective adoptive parent, any person eighteen	6359
years of age or older who resides with the prospective foster	6360
caregiver or prospective adoptive parent previously has been	6361
convicted of or pleaded guilty to any of the violations described	6362
in division (A)(8) of section 109.572 of the Revised Code, unless	6363
the person meets rehabilitation standards established in rules	6364
adopted under division (F) of this section.	6365

(2) The appointing or hiring officer may appoint or employ a	6366
person as a person responsible for a child's care in out-of-home	6367
care conditionally until the criminal records check required by	6368
this section is completed and the officer receives the results of	6369
the criminal records check. If the results of the criminal records	6370
check indicate that, pursuant to division (C)(1) of this section,	6371
the person subject to the criminal records check does not qualify	6372
for appointment or employment, the officer shall release the	6373
person from appointment or employment.	6374

(3) Prior to certification or recertification under section	6375
5103.03 of the Revised Code, the prospective foster caregiver	6376
subject to a criminal records check under division (A)(3) of this	6377
section shall notify the recommending agency of the revocation of	6378
any foster home license, certificate, or other similar	6379
authorization in another state occurring within the five years	6380
prior to the date of application to become a foster caregiver in	6381
this state. The failure of a prospective foster caregiver to	6382
notify the recommending agency of any revocation of that type in	6383
another state that occurred within that five-year period shall be	6384
grounds for denial of the person's foster home application or the	6385
revocation of the person's foster home certification, whichever is	6386
applicable. If a person has had a revocation in another state	6387
within the five years prior to the date of the application, the	6388
department of job and family services shall not issue a foster	6389
home certificate to the prospective foster caregiver.	6390

(D) The appointing or hiring officer, administrative	6391
director, or attorney shall pay to the bureau of criminal	6392
identification and investigation the fee prescribed pursuant to	6393
division (C)(3) of section 109.572 of the Revised Code for each	6394
criminal records check conducted in accordance with that section	6395
upon a request pursuant to division (A) of this section. The	6396
officer, director, or attorney may charge the person subject to	6397
the criminal records check a fee for the costs the officer,	6398
director, or attorney incurs in obtaining the criminal records	6399
check. A fee charged under this division shall not exceed the	6400
amount of fees the officer, director, or attorney pays for the	6401
criminal records check. If a fee is charged under this division,	6402
the officer, director, or attorney shall notify the person who is	6403
the applicant at the time of the person's initial application for	6404
appointment or employment, an adoption to be arranged, or a	6405
certificate to operate a foster home of the amount of the fee and	6406
that, unless the fee is paid, the person who is the applicant will	6407
not be considered for appointment or employment or as an adoptive	6408
parent or foster caregiver.	6409

(E) The report of any criminal records check conducted by the	6410
bureau of criminal identification and investigation in accordance	6411
with section 109.572 of the Revised Code and pursuant to a request	6412
made under division (A) of this section is not a public record for	6413
the purposes of section 149.43 of the Revised Code and shall not	6414
be made available to any person other than the following:	6415

(1) The person who is the subject of the criminal records	6416
check or the person's representative;	6417

(2) The appointing or hiring officer, administrative	6418
director, or attorney requesting the criminal records check or the	6419
officer's, director's, or attorney's representative;	6420

(3) The department of job and family services, a county	6421
department of job and family services, or a public children	6422
services agency;	6423

(4) Any court, hearing officer, or other necessary individual	6424
involved in a case dealing with the denial of employment, a final	6425
decree of adoption or interlocutory order of adoption, or a foster	6426
home certificate.	6427

(F) The director of job and family services shall adopt rules	6428
in accordance with Chapter 119. of the Revised Code to implement	6429
this section. The rules shall include rehabilitation standards a	6430
person who has been convicted of or pleaded guilty to an offense	6431
listed in division (A)(8) of section 109.572 of the Revised Code	6432
must meet for an appointing or hiring officer to appoint or	6433
employ the person as a person responsible for a child's care in	6434
out-of-home care, a probate court to issue a final decree of	6435
adoption or interlocutory order of adoption making the person an	6436
adoptive parent, or the department to issue a certificate	6437
authorizing the prospective foster caregiver to operate a foster	6438
home or not revoke a foster home certificate for a violation	6439
specified in section 5103.0328 of the Revised Code.	6440

(G) An appointing or hiring officer, administrative director,	6441
or attorney required by division (A) of this section to request a	6442
criminal records check shall inform each person who is the	6443
applicant, at the time of the person's initial application for	6444
appointment or employment, an adoption to be arranged, or a foster	6445
home certificate, that the person subject to the criminal records	6446
check is required to provide a set of impressions of the person's	6447
fingerprints and that a criminal records check is required to be	6448
conducted and satisfactorily completed in accordance with section	6449
109.572 of the Revised Code.	6450

(H) The department of job and family services may waive the	6451
requirement that a criminal records check based on fingerprints be	6452
conducted for an adult resident of a prospective adoptive or	6453
foster home or the home of a foster caregiver if the recommending	6454
agency documents to the department's satisfaction that the adult	6455
resident is physically unable to comply with the fingerprinting	6456
requirement and poses no danger to foster children or adoptive	6457
children who may be placed in the home. In such cases, the	6458
recommending or approving agency shall request that the bureau of	6459
criminal identification and investigation conduct a criminal	6460
records check using the person's name and social security number.	6461

(I) As used in this section:

6462

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

6463

(a) A hospital registered under section 3701.07 of the	6464
Revised Code that provides general pediatric medical and surgical	6465
care, and in which at least seventy-five per cent of annual	6466
inpatient discharges for the preceding two calendar years were	6467
individuals less than eighteen years of age;	6468

(b) A distinct portion of a hospital registered under section	6469
3701.07 of the Revised Code that provides general pediatric	6470
medical and surgical care, has a total of at least one hundred	6471
fifty registered pediatric special care and pediatric acute care	6472
beds, and in which at least seventy-five per cent of annual	6473
inpatient discharges for the preceding two calendar years were	6474
individuals less than eighteen years of age;	6475

(c) A distinct portion of a hospital, if the hospital is	6476
registered under section 3701.07 of the Revised Code as a	6477
children's hospital and the children's hospital meets all the	6478
requirements of division (I)(1)(a) of this section.	6479

(2) "Criminal records check" has the same meaning as in	6480
section 109.572 of the Revised Code.	6481

(3) "Person responsible for a child's care in out-of-home	6482
care" has the same meaning as in section ~~2151.011~~2151.03 of the	6483
Revised Code, except that it does not include a prospective	6484
employee of the department of youth services or a person	6485
responsible for a child's care in a hospital or medical clinic	6486
other than a children's hospital.	6487

(4) "Person subject to a criminal records check" means the	6488
following:	6489

(a) A person who is under final consideration for appointment	6490
or employment as a person responsible for a child's care in	6491
out-of-home care;	6492

(b) A prospective adoptive parent;

6493

6494

(d) A person eighteen years old or older who resides with a	6495
prospective foster caregiver or a prospective adoptive parent.	6496

(5) "Recommending agency" means a public children services	6497
agency, private child placing agency, or private noncustodial	6498
agency to which the department of job and family services has	6499
delegated a duty to inspect and approve foster homes.	6500

(6) "Superintendent of BCII" means the superintendent of the	6501
bureau of criminal identification and investigation.	6502

Sec. 2151.99. (A)(1) Except as otherwise provided in	6503
division (A)(2) of this section, whoever violates division (D)(2)	6504
or (3) of section 2151.313 or division , (A)(4),or (H)(2) of	6505
section 2151.421 of the Revised Code is guilty of a misdemeanor of	6506
the fourth degree.	6507

(2) Whoever violates division (A)(4) of section 2151.421 of	6508
the Revised Code knowing that a child has been ~~abused or neglected~~	6509
a victim of an act or omission that indicates that the child is a	6510
child in need of protective services and knowing that the person	6511
who committed the ~~abuse or neglect~~act or omission was a cleric or	6512
another person, other than a volunteer, designated by a church,	6513
religious society, or faith acting as a leader, official, or	6514
delegate on behalf of the church, religious society, or faith, is	6515
guilty of a misdemeanor of the first degree if the person who	6516
violates that division ~~(A)(4) of this section~~ and the person who	6517
committed the ~~abuse or neglect~~act or omission belong to the same	6518
church, religious society, or faith.	6519

(B) Whoever violates division (D)(1) of section 2151.313 of	6520
the Revised Code is guilty of a minor misdemeanor.	6521

(C) Whoever violates division (A)(1) of section 2151.421 of	6522
the Revised Code shall be punished as follows:	6523

(1) Except as otherwise provided in division (C)(2) of this	6524
section, the offender is guilty of a misdemeanor of the fourth	6525
degree.	6526

(2) The offender is guilty of a misdemeanor of the first	6527
degree if the child who is the subject of the required report that	6528
the offender fails to make suffers or faces the threat of	6529
suffering the physical or mental wound, injury, disability, or	6530
condition that would be the basis of the required report when the	6531
child is under the direct care or supervision of the offender who	6532
is then acting in the offender's official or professional capacity	6533
or when the child is under the direct care or supervision of	6534
another person over whom the offender while acting in the	6535
offender's official or professional capacity has supervisory	6536
control.	6537

Sec. 2152.02. As used in this chapter:

6538

(A) "Act charged" means the act that is identified in a	6539
complaint, indictment, or information alleging that a child is a	6540
delinquent child.	6541

(B) "Admitted to a department of youth services facility"	6542
includes admission to a facility operated, or contracted for, by	6543
the department and admission to a comparable facility outside this	6544
state by another state or the United States.	6545

(C)(1) "Child" means a person who is under eighteen years of	6546
age, except as otherwise provided in divisions (C)(2) to (6) of	6547
this section.	6548

(2) Subject to division (C)(3) of this section, any person	6549
who violates a federal or state law or a municipal ordinance prior	6550
to attaining eighteen years of age shall be deemed a "child"	6551
irrespective of that person's age at the time the complaint with	6552
respect to that violation is filed or the hearing on the complaint	6553
is held.	6554

(3) Any person who, while under eighteen years of age,	6555
commits an act that would be a felony if committed by an adult and	6556
who is not taken into custody or apprehended for that act until	6557
after the person attains twenty-one years of age is not a child in	6558
relation to that act.	6559

(4) Any person whose case is transferred for criminal	6560
prosecution pursuant to section 2152.12 of the Revised Code shall	6561
be deemed after the transfer not to be a child in the transferred	6562
case.	6563

(5) Any person whose case is transferred for criminal	6564
prosecution pursuant to section 2152.12 of the Revised Code and	6565
who subsequently is convicted of or pleads guilty to a felony in	6566
that case, and any person who is adjudicated a delinquent child	6567
for the commission of an act, who has a serious youthful offender	6568
dispositional sentence imposed for the act pursuant to section	6569
2152.13 of the Revised Code, and whose adult portion of the	6570
dispositional sentence is invoked pursuant to section 2152.14 of	6571
the Revised Code, shall be deemed after the transfer or invocation	6572
not to be a child in any case in which a complaint is filed	6573
against the person.	6574

(6) The juvenile court has jurisdiction over a person who is	6575
adjudicated a delinquent child or juvenile traffic offender prior	6576
to attaining eighteen years of age until the person attains	6577
twenty-one years of age, and, for purposes of that jurisdiction	6578
related to that adjudication, except as otherwise provided in this	6579
division, a person who is so adjudicated a delinquent child or	6580
juvenile traffic offender shall be deemed a "child" until the	6581
person attains twenty-one years of age. If a person is so	6582
adjudicated a delinquent child or juvenile traffic offender and	6583
the court makes a disposition of the person under this chapter, at	6584
any time after the person attains eighteen years of age, the	6585
places at which the person may be held under that disposition are	6586
not limited to places authorized under this chapter solely for	6587
confinement of children, and the person may be confined under that	6588
disposition, in accordance with division (F)(2) of section 2152.26	6589
of the Revised Code, in places other than those authorized under	6590
this chapter solely for confinement of children.	6591

(D) "Chronic truant" means any child of compulsory school age	6592
who is absent without legitimate excuse for absence from the	6593
public school the child is supposed to attend for seven or more	6594
consecutive school days, ten or more school days in one school	6595
month, or fifteen or more school days in a school year.	6596

(E) "Community corrections facility," "public safety beds,"	6597
"release authority," and "supervised release" have the same	6598
meanings as in section 5139.01 of the Revised Code.	6599

(F) "Delinquent child" includes any of the following:

6600

(1) Any child, except a juvenile traffic offender, who	6601
violates any law of this state or the United States, or any	6602
ordinance of a political subdivision of the state, that would be	6603
an offense if committed by an adult;	6604

(2) Any child who violates any lawful order of the court made	6605
under this chapter or under Chapter 2151. of the Revised Code	6606
other than an order issued under section 2151.87 of the Revised	6607
Code;	6608

(3) Any child who violates division (C) of section 2907.39,	6609
division (A) of section 2923.211, or division (C)(1) or (D) of	6610
section 2925.55 of the Revised Code;	6611

(4) Any child who is a habitual truant and who previously has	6612
been adjudicated an unruly child for being a habitual truant;	6613

(5) Any child who is a chronic truant.

6614

(G) "Discretionary serious youthful offender" means a person	6615
who is eligible for a discretionary SYO and who is not transferred	6616
to adult court under a mandatory or discretionary transfer.	6617

(H) "Discretionary SYO" means a case in which the juvenile	6618
court, in the juvenile court's discretion, may impose a serious	6619
youthful offender disposition under section 2152.13 of the Revised	6620
Code.	6621

(I) "Discretionary transfer" means that the juvenile court	6622
has discretion to transfer a case for criminal prosecution under	6623
division (B) of section 2152.12 of the Revised Code.	6624

(J) "Drug abuse offense," "felony drug abuse offense," and	6625
"minor drug possession offense" have the same meanings as in	6626
section 2925.01 of the Revised Code.	6627

(K) "Electronic monitoring" and "electronic monitoring	6628
device" have the same meanings as in section 2929.01 of the	6629
Revised Code.	6630

(L) "Economic loss" means any economic detriment suffered by	6631
a victim of a delinquent act or juvenile traffic offense as a	6632
direct and proximate result of the delinquent act or juvenile	6633
traffic offense and includes any loss of income due to lost time	6634
at work because of any injury caused to the victim and any	6635
property loss, medical cost, or funeral expense incurred as a	6636
result of the delinquent act or juvenile traffic offense.	6637
"Economic loss" does not include non-economic loss or any punitive	6638
or exemplary damages.	6639

(M) "Firearm" has the same meaning as in section 2923.11 of	6640
the Revised Code.	6641

(N) "Juvenile traffic offender" means any child who violates	6642
any traffic law, traffic ordinance, or traffic regulation of this	6643
state, the United States, or any political subdivision of this	6644
state, other than a resolution, ordinance, or regulation of a	6645
political subdivision of this state the violation of which is	6646
required to be handled by a parking violations bureau or a joint	6647
parking violations bureau pursuant to Chapter 4521. of the Revised	6648
Code.	6649

(O) A "legitimate excuse for absence from the public school	6650
the child is supposed to attend" has the same meaning as in	6651
section ~~2151.011~~2151.03 of the Revised Code.	6652

(P) "Mandatory serious youthful offender" means a person who	6653
is eligible for a mandatory SYO and who is not transferred to	6654
adult court under a mandatory or discretionary transfer.	6655

(Q) "Mandatory SYO" means a case in which the juvenile court	6656
is required to impose a mandatory serious youthful offender	6657
disposition under section 2152.13 of the Revised Code.	6658

(R) "Mandatory transfer" means that a case is required to be	6659
transferred for criminal prosecution under division (A) of section	6660
2152.12 of the Revised Code.	6661

(S) "Mental illness" has the same meaning as in section	6662
5122.01 of the Revised Code.	6663

(T) "Mentally retarded person" has the same meaning as in	6664
section 5123.01 of the Revised Code.	6665

(U) "Monitored time" and "repeat violent offender" have the	6666
same meanings as in section 2929.01 of the Revised Code.	6667

(V) "Of compulsory school age" has the same meaning as in	6668
section 3321.01 of the Revised Code.	6669

(W) "Public record" has the same meaning as in section 149.43	6670
of the Revised Code.	6671

(X) "Serious youthful offender" means a person who is	6672
eligible for a mandatory SYO or discretionary SYO but who is not	6673
transferred to adult court under a mandatory or discretionary	6674
transfer.	6675

(Y) "Sexually oriented offense," "juvenile offender	6676
registrant," "child-victim oriented offense," "tier I sex	6677
offender/child-victim offender," "tier II sex	6678
offender/child-victim offender," "tier III sex	6679
offender/child-victim offender," and "public registry-qualified	6680
juvenile offender registrant" have the same meanings as in section	6681
2950.01 of the Revised Code.	6682

(Z) "Traditional juvenile" means a case that is not	6683
transferred to adult court under a mandatory or discretionary	6684
transfer, that is eligible for a disposition under sections	6685
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and	6686
that is not eligible for a disposition under section 2152.13 of	6687
the Revised Code.	6688

(AA) "Transfer" means the transfer for criminal prosecution	6689
of a case involving the alleged commission by a child of an act	6690
that would be an offense if committed by an adult from the	6691
juvenile court to the appropriate court that has jurisdiction of	6692
the offense.	6693

(BB) "Category one offense" means any of the following:

6694

(1) A violation of section 2903.01 or 2903.02 of the Revised	6695
Code;	6696

(2) A violation of section 2923.02 of the Revised Code	6697
involving an attempt to commit aggravated murder or murder.	6698

(CC) "Category two offense" means any of the following:

6699

(1) A violation of section 2903.03, 2905.01, 2907.02,	6700
2909.02, 2911.01, or 2911.11 of the Revised Code;	6701

(2) A violation of section 2903.04 of the Revised Code that	6702
is a felony of the first degree;	6703

(3) A violation of section 2907.12 of the Revised Code as it	6704
existed prior to September 3, 1996.	6705

(DD) "Non-economic loss" means nonpecuniary harm suffered by	6706
a victim of a delinquent act or juvenile traffic offense as a	6707
result of or related to the delinquent act or juvenile traffic	6708
offense, including, but not limited to, pain and suffering; loss	6709
of society, consortium, companionship, care, assistance,	6710
attention, protection, advice, guidance, counsel, instruction,	6711
training, or education; mental anguish; and any other intangible	6712
loss.	6713

Sec. 2152.19. (A) If a child is adjudicated a delinquent	6714
child, the court may make any of the following orders of	6715
disposition, in addition to any other disposition authorized or	6716
required by this chapter:	6717

(1) Any order that is authorized by section 2151.353 of the	6718
Revised Code for the care and protection of ~~an abused, neglected,~~	6719
~~or dependent~~a child in need of protective services;	6720

(2) Commit the child to the temporary custody of any school,	6721
camp, institution, or other facility operated for the care of	6722
delinquent children by the county, by a district organized under	6723
section 2152.41 or 2151.65 of the Revised Code, or by a private	6724
agency or organization, within or without the state, that is	6725
authorized and qualified to provide the care, treatment, or	6726
placement required, including, but not limited to, a school, camp,	6727
or facility operated under section 2151.65 of the Revised Code;	6728

(3) Place the child in a detention facility or district	6729
detention facility operated under section 2152.41 of the Revised	6730
Code, for up to ninety days;	6731

(4) Place the child on community control under any sanctions,	6732
services, and conditions that the court prescribes. As a condition	6733
of community control in every case and in addition to any other	6734
condition that it imposes upon the child, the court shall require	6735
the child to abide by the law during the period of community	6736
control. As referred to in this division, community control	6737
includes, but is not limited to, the following sanctions and	6738
conditions:	6739

(a) A period of basic probation supervision in which the	6740
child is required to maintain contact with a person appointed to	6741
supervise the child in accordance with sanctions imposed by the	6742
court;	6743

(b) A period of intensive probation supervision in which the	6744
child is required to maintain frequent contact with a person	6745
appointed by the court to supervise the child while the child is	6746
seeking or maintaining employment and participating in training,	6747
education, and treatment programs as the order of disposition;	6748

(c) A period of day reporting in which the child is required	6749
each day to report to and leave a center or another approved	6750
reporting location at specified times in order to participate in	6751
work, education or training, treatment, and other approved	6752
programs at the center or outside the center;	6753

(d) A period of community service of up to five hundred hours	6754
for an act that would be a felony or a misdemeanor of the first	6755
degree if committed by an adult, up to two hundred hours for an	6756
act that would be a misdemeanor of the second, third, or fourth	6757
degree if committed by an adult, or up to thirty hours for an act	6758
that would be a minor misdemeanor if committed by an adult;	6759

(e) A requirement that the child obtain a high school	6760
diploma, a certificate of high school equivalence, vocational	6761
training, or employment;	6762

(f) A period of drug and alcohol use monitoring;

6763

(g) A requirement of alcohol or drug assessment or	6764
counseling, or a period in an alcohol or drug treatment program	6765
with a level of security for the child as determined necessary by	6766
the court;	6767

(h) A period in which the court orders the child to observe a	6768
curfew that may involve daytime or evening hours;	6769

(i) A requirement that the child serve monitored time;

6770

(j) A period of house arrest without electronic monitoring or	6771
continuous alcohol monitoring;	6772

(k) A period of electronic monitoring or continuous alcohol	6773
monitoring without house arrest, or house arrest with electronic	6774
monitoring or continuous alcohol monitoring or both electronic	6775
monitoring and continuous alcohol monitoring, that does not exceed	6776
the maximum sentence of imprisonment that could be imposed upon an	6777
adult who commits the same act.	6778

A period of house arrest with electronic monitoring or	6779
continuous alcohol monitoring or both electronic monitoring and	6780
continuous alcohol monitoring, imposed under this division shall	6781
not extend beyond the child's twenty-first birthday. If a court	6782
imposes a period of house arrest with electronic monitoring or	6783
continuous alcohol monitoring or both electronic monitoring and	6784
continuous alcohol monitoring, upon a child under this division,	6785
it shall require the child: to remain in the child's home or other	6786
specified premises for the entire period of house arrest with	6787
electronic monitoring or continuous alcohol monitoring or both	6788
except when the court permits the child to leave those premises to	6789
go to school or to other specified premises. Regarding electronic	6790
monitoring, the court also shall require the child to be monitored	6791
by a central system that can determine the child's location at	6792
designated times; to report periodically to a person designated by	6793
the court; and to enter into a written contract with the court	6794
agreeing to comply with all requirements imposed by the court,	6795
agreeing to pay any fee imposed by the court for the costs of the	6796
house arrest with electronic monitoring, and agreeing to waive the	6797
right to receive credit for any time served on house arrest with	6798
electronic monitoring toward the period of any other dispositional	6799
order imposed upon the child if the child violates any of the	6800
requirements of the dispositional order of house arrest with	6801
electronic monitoring. The court also may impose other reasonable	6802
requirements upon the child.	6803

Unless ordered by the court, a child shall not receive credit	6804
for any time served on house arrest with electronic monitoring or	6805
continuous alcohol monitoring or both toward any other	6806
dispositional order imposed upon the child for the act for which	6807
was imposed the dispositional order of house arrest with	6808
electronic monitoring or continuous alcohol monitoring. As used in	6809
this division and division (A)(4)(l) of this section, "continuous	6810
alcohol monitoring" has the same meaning as in section 2929.01 of	6811
the Revised Code.	6812

(l) A suspension of the driver's license, probationary	6813
driver's license, or temporary instruction permit issued to the	6814
child for a period of time prescribed by the court, or a	6815
suspension of the registration of all motor vehicles registered in	6816
the name of the child for a period of time prescribed by the	6817
court. A child whose license or permit is so suspended is	6818
ineligible for issuance of a license or permit during the period	6819
of suspension. At the end of the period of suspension, the child	6820
shall not be reissued a license or permit until the child has paid	6821
any applicable reinstatement fee and complied with all	6822
requirements governing license reinstatement.	6823

(5) Commit the child to the custody of the court;

6824

(6) Require the child to not be absent without legitimate	6825
excuse from the public school the child is supposed to attend for	6826
five or more consecutive days, seven or more school days in one	6827
school month, or twelve or more school days in a school year;	6828

(7)(a) If a child is adjudicated a delinquent child for being	6829
a chronic truant or a habitual truant who previously has been	6830
adjudicated an unruly child for being a habitual truant, do either	6831
or both of the following:	6832

(i) Require the child to participate in a truancy prevention	6833
mediation program;	6834

(ii) Make any order of disposition as authorized by this	6835
section, except that the court shall not commit the child to a	6836
facility described in division (A)(2) or (3) of this section	6837
unless the court determines that the child violated a lawful court	6838
order made pursuant to division (C)(1)(e) of section 2151.354 of	6839
the Revised Code or division (A)(6) of this section.	6840

(b) If a child is adjudicated a delinquent child for being a	6841
chronic truant or a habitual truant who previously has been	6842
adjudicated an unruly child for being a habitual truant and the	6843
court determines that the parent, guardian, or other person having	6844
care of the child has failed to cause the child's attendance at	6845
school in violation of section 3321.38 of the Revised Code, do	6846
either or both of the following:	6847

(i) Require the parent, guardian, or other person having care	6848
of the child to participate in a truancy prevention mediation	6849
program;	6850

(ii) Require the parent, guardian, or other person having	6851
care of the child to participate in any community service program,	6852
preferably a community service program that requires the	6853
involvement of the parent, guardian, or other person having care	6854
of the child in the school attended by the child.	6855

(8) Make any further disposition that the court finds proper,	6856
except that the child shall not be placed in any of the following:	6857

(a) A state correctional institution, a county, multicounty,	6858
or municipal jail or workhouse, or another place in which an adult	6859
convicted of a crime, under arrest, or charged with a crime is	6860
held;	6861

(b) A community corrections facility, if the child would be	6862
covered by the definition of public safety beds for purposes of	6863
sections 5139.41 to 5139.43 of the Revised Code if the court	6864
exercised its authority to commit the child to the legal custody	6865
of the department of youth services for institutionalization or	6866
institutionalization in a secure facility pursuant to this	6867
chapter.	6868

(B) If a child is adjudicated a delinquent child, in addition	6869
to any order of disposition made under division (A) of this	6870
section, the court, in the following situations and for the	6871
specified periods of time, shall suspend the child's temporary	6872
instruction permit, restricted license, probationary driver's	6873
license, or nonresident operating privilege, or suspend the	6874
child's ability to obtain such a permit:	6875

(1) If the child is adjudicated a delinquent child for	6876
violating section 2923.122 of the Revised Code, impose a class	6877
four suspension of the child's license, permit, or privilege from	6878
the range specified in division (A)(4) of section 4510.02 of the	6879
Revised Code or deny the child the issuance of a license or permit	6880
in accordance with division (F)(1) of section 2923.122 of the	6881
Revised Code.	6882

(2) If the child is adjudicated a delinquent child for	6883
committing an act that if committed by an adult would be a drug	6884
abuse offense or for violating division (B) of section 2917.11 of	6885
the Revised Code, suspend the child's license, permit, or	6886
privilege for a period of time prescribed by the court. The court,	6887
in its discretion, may terminate the suspension if the child	6888
attends and satisfactorily completes a drug abuse or alcohol abuse	6889
education, intervention, or treatment program specified by the	6890
court. During the time the child is attending a program described	6891
in this division, the court shall retain the child's temporary	6892
instruction permit, probationary driver's license, or driver's	6893
license, and the court shall return the permit or license if it	6894
terminates the suspension as described in this division.	6895

(C) The court may establish a victim-offender mediation	6896
program in which victims and their offenders meet to discuss the	6897
offense and suggest possible restitution. If the court obtains the	6898
assent of the victim of the delinquent act committed by the child,	6899
the court may require the child to participate in the program.	6900

(D)(1) If a child is adjudicated a delinquent child for	6901
committing an act that would be a felony if committed by an adult	6902
and if the child caused, attempted to cause, threatened to cause,	6903
or created a risk of physical harm to the victim of the act, the	6904
court, prior to issuing an order of disposition under this	6905
section, shall order the preparation of a victim impact statement	6906
by the probation department of the county in which the victim of	6907
the act resides, by the court's own probation department, or by a	6908
victim assistance program that is operated by the state, a county,	6909
a municipal corporation, or another governmental entity. The court	6910
shall consider the victim impact statement in determining the	6911
order of disposition to issue for the child.	6912

(2) Each victim impact statement shall identify the victim of	6913
the act for which the child was adjudicated a delinquent child,	6914
itemize any economic loss suffered by the victim as a result of	6915
the act, identify any physical injury suffered by the victim as a	6916
result of the act and the seriousness and permanence of the	6917
injury, identify any change in the victim's personal welfare or	6918
familial relationships as a result of the act and any	6919
psychological impact experienced by the victim or the victim's	6920
family as a result of the act, and contain any other information	6921
related to the impact of the act upon the victim that the court	6922
requires.	6923

(3) A victim impact statement shall be kept confidential and	6924
is not a public record. However, the court may furnish copies of	6925
the statement to the department of youth services if the	6926
delinquent child is committed to the department or to both the	6927
adjudicated delinquent child or the adjudicated delinquent child's	6928
counsel and the prosecuting attorney. The copy of a victim impact	6929
statement furnished by the court to the department pursuant to	6930
this section shall be kept confidential and is not a public	6931
record. If an officer is preparing pursuant to section 2947.06 or	6932
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	6933
investigation report pertaining to a person, the court shall make	6934
available to the officer, for use in preparing the report, a copy	6935
of any victim impact statement regarding that person. The copies	6936
of a victim impact statement that are made available to the	6937
adjudicated delinquent child or the adjudicated delinquent child's	6938
counsel and the prosecuting attorney pursuant to this division	6939
shall be returned to the court by the person to whom they were	6940
made available immediately following the imposition of an order of	6941
disposition for the child under this chapter.	6942

The copy of a victim impact statement that is made available	6943
pursuant to this division to an officer preparing a criminal	6944
presentence investigation report shall be returned to the court by	6945
the officer immediately following its use in preparing the report.	6946

(4) The department of youth services shall work with local	6947
probation departments and victim assistance programs to develop a	6948
standard victim impact statement.	6949

(E) If a child is adjudicated a delinquent child for being a	6950
chronic truant or a habitual truant who previously has been	6951
adjudicated an unruly child for being a habitual truant and the	6952
court determines that the parent, guardian, or other person having	6953
care of the child has failed to cause the child's attendance at	6954
school in violation of section 3321.38 of the Revised Code, in	6955
addition to any order of disposition it makes under this section,	6956
the court shall warn the parent, guardian, or other person having	6957
care of the child that any subsequent adjudication of the child as	6958
an unruly or delinquent child for being a habitual or chronic	6959
truant may result in a criminal charge against the parent,	6960
guardian, or other person having care of the child for a violation	6961
of division (C) of section 2919.21 or section 2919.24 of the	6962
Revised Code.	6963

(F)(1) During the period of a delinquent child's community	6964
control granted under this section, authorized probation officers	6965
who are engaged within the scope of their supervisory duties or	6966
responsibilities may search, with or without a warrant, the person	6967
of the delinquent child, the place of residence of the delinquent	6968
child, and a motor vehicle, another item of tangible or intangible	6969
personal property, or other real property in which the delinquent	6970
child has a right, title, or interest or for which the delinquent	6971
child has the express or implied permission of a person with a	6972
right, title, or interest to use, occupy, or possess if the	6973
probation officers have reasonable grounds to believe that the	6974
delinquent child is not abiding by the law or otherwise is not	6975
complying with the conditions of the delinquent child's community	6976
control. The court that places a delinquent child on community	6977
control under this section shall provide the delinquent child with	6978
a written notice that informs the delinquent child that authorized	6979
probation officers who are engaged within the scope of their	6980
supervisory duties or responsibilities may conduct those types of	6981
searches during the period of community control if they have	6982
reasonable grounds to believe that the delinquent child is not	6983
abiding by the law or otherwise is not complying with the	6984
conditions of the delinquent child's community control. The court	6985
also shall provide the written notice described in division (E)(2)	6986
of this section to each parent, guardian, or custodian of the	6987
delinquent child who is described in that division.	6988

(2) The court that places a child on community control under	6989
this section shall provide the child's parent, guardian, or other	6990
custodian with a written notice that informs them that authorized	6991
probation officers may conduct searches pursuant to division	6992
(E)(1) of this section. The notice shall specifically state that a	6993
permissible search might extend to a motor vehicle, another item	6994
of tangible or intangible personal property, or a place of	6995
residence or other real property in which a notified parent,	6996
guardian, or custodian has a right, title, or interest and that	6997
the parent, guardian, or custodian expressly or impliedly permits	6998
the child to use, occupy, or possess.	6999

(G) If a juvenile court commits a delinquent child to the	7000
custody of any person, organization, or entity pursuant to this	7001
section and if the delinquent act for which the child is so	7002
committed is a sexually oriented offense or is a child-victim	7003
oriented offense, the court in the order of disposition shall do	7004
one of the following:	7005

(1) Require that the child be provided treatment as described	7006
in division (A)(2) of section 5139.13 of the Revised Code;	7007

(2) Inform the person, organization, or entity that it is the	7008
preferred course of action in this state that the child be	7009
provided treatment as described in division (A)(2) of section	7010
5139.13 of the Revised Code and encourage the person,	7011
organization, or entity to provide that treatment.	7012

Sec. 2152.71. (A)(1) The juvenile court shall maintain	7013
records of all official cases brought before it, including, but	7014
not limited to, an appearance docket, a journal, and, in cases	7015
pertaining to an alleged delinquent child, arrest and custody	7016
records, complaints, journal entries, and hearing summaries. The	7017
court shall maintain a separate docket for traffic cases and shall	7018
record all traffic cases on the separate docket instead of on the	7019
general appearance docket. The parents, guardian, or other	7020
custodian of any child affected, if they are living, or the	7021
nearest of kin of the child, if the parents are deceased, may	7022
inspect these records, either in person or by counsel, during the	7023
hours in which the court is open. Division (A)(1) of this section	7024
does not require the release or authorize the inspection of arrest	7025
or incident reports, law enforcement investigatory reports or	7026
records, or witness statements.	7027

(2) The juvenile court shall send to the superintendent of	7028
the bureau of criminal identification and investigation, pursuant	7029
to section 109.57 of the Revised Code, a weekly report containing	7030
a summary of each case that has come before it and that involves	7031
the disposition of a child who is a delinquent child for	7032
committing an act that would be a felony or an offense of violence	7033
if committed by an adult.	7034

(B) The clerk of the court shall maintain a statistical	7035
record that includes all of the following:	7036

(1) The number of complaints that are filed with, or	7037
indictments or information made to, the court that allege that a	7038
child is a delinquent child, in relation to which the court	7039
determines under division (D) of section 2151.27 of the Revised	7040
Code that the victim of the alleged delinquent act was sixty-five	7041
years of age or older or permanently and totally disabled at the	7042
time of the alleged commission of the act;	7043

(2) The number of complaints, indictments, or information	7044
described in division (B)(1) of this section that result in the	7045
child being adjudicated a delinquent child;	7046

(3) The number of complaints, indictments, or information	7047
described in division (B)(2) of this section in which the act upon	7048
which the delinquent child adjudication is based caused property	7049
damage or would be a theft offense, as defined in division (K) of	7050
section 2913.01 of the Revised Code, if committed by an adult;	7051

(4) The number of complaints, indictments, or information	7052
described in division (B)(3) of this section that result in the	7053
delinquent child being required as an order of disposition made	7054
under division (A) of section 2152.20 of the Revised Code to make	7055
restitution for all or part of the property damage caused by the	7056
child's delinquent act or for all or part of the value of the	7057
property that was the subject of the delinquent act that would be	7058
a theft offense if committed by an adult;	7059

(5) The number of complaints, indictments, or information	7060
described in division (B)(2) of this section in which the act upon	7061
which the delinquent child adjudication is based would have been	7062
an offense of violence if committed by an adult;	7063

(6) The number of complaints, indictments, or information	7064
described in division (B)(5) of this section that result in the	7065
delinquent child being committed as an order of disposition made	7066
under section 2152.16, divisions (A) and (B) of section 2152.17,	7067
or division (A)(2) of section 2152.19 of the Revised Code to any	7068
facility for delinquent children operated by the county, a	7069
district, or a private agency or organization or to the department	7070
of youth services;	7071

(7) The number of complaints, indictments, or information	7072
described in division (B)(1) of this section that result in the	7073
case being transferred for criminal prosecution to an appropriate	7074
court having jurisdiction of the offense under section 2152.12 of	7075
the Revised Code.	7076

(C) The clerk of the court shall compile an annual summary	7077
covering the preceding calendar year showing all of the	7078
information for that year contained in the statistical record	7079
maintained under division (B) of this section. The statistical	7080
record and the annual summary shall be public records open for	7081
inspection. Neither the statistical record nor the annual summary	7082
shall include the identity of any party to a case.	7083

(D) Not later than June of each year, the court shall prepare	7084
an annual report covering the preceding calendar year showing the	7085
number and kinds of cases that have come before it, the	7086
disposition of the cases, and any other data pertaining to the	7087
work of the court that the juvenile judge directs. The court shall	7088
file copies of the report with the board of county commissioners.	7089
With the approval of the board, the court may print or cause to be	7090
printed copies of the report for distribution to persons and	7091
agencies interested in the court or community program for	7092
~~dependent, neglected, abused, or~~children in need of protective	7093
services, delinquent children, and juvenile traffic offenders. The	7094
court shall include the number of copies ordered printed and the	7095
estimated cost of each printed copy on each copy of the report	7096
printed for distribution.	7097

(E) If an officer is preparing pursuant to section 2947.06 or	7098
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	7099
investigation report pertaining to a person, the court shall make	7100
available to the officer, for use in preparing the report, any	7101
records it possesses regarding any adjudications of that person as	7102
a delinquent child or regarding the dispositions made relative to	7103
those adjudications. The records to be made available pursuant to	7104
this division include, but are not limited to, any social history	7105
or report of a mental or physical examination regarding the person	7106
that was prepared pursuant to Juvenile Rule 32.	7107

Sec. 2301.03. (A) In Franklin county, the judges of the	7108
court of common pleas whose terms begin on January 1, 1953,	7109
January 2, 1953, January 5, 1969, January 5, 1977, and January 2,	7110
1997, and successors, shall have the same qualifications, exercise	7111
the same powers and jurisdiction, and receive the same	7112
compensation as other judges of the court of common pleas of	7113
Franklin county and shall be elected and designated as judges of	7114
the court of common pleas, division of domestic relations. They	7115
shall have all the powers relating to juvenile courts, and all	7116
cases under Chapters 2151. and 2152. of the Revised Code, all	7117
parentage proceedings under Chapter 3111. of the Revised Code over	7118
which the juvenile court has jurisdiction, and all divorce,	7119
dissolution of marriage, legal separation, and annulment cases	7120
shall be assigned to them. In addition to the judge's regular	7121
duties, the judge who is senior in point of service shall serve on	7122
the children services board and the county advisory board and	7123
shall be the administrator of the domestic relations division and	7124
its subdivisions and departments.	7125

(B) In Hamilton county:

7126

(1) The judge of the court of common pleas, whose term begins	7127
on January 1, 1957, and successors, and the judge of the court of	7128
common pleas, whose term begins on February 14, 1967, and	7129
successors, shall be the juvenile judges as provided in Chapters	7130
2151. and 2152. of the Revised Code, with the powers and	7131
jurisdiction conferred by those chapters.	7132

(2) The judges of the court of common pleas whose terms begin	7133
on January 5, 1957, January 16, 1981, and July 1, 1991, and	7134
successors, shall be elected and designated as judges of the court	7135
of common pleas, division of domestic relations, and shall have	7136
assigned to them all divorce, dissolution of marriage, legal	7137
separation, and annulment cases coming before the court. On or	7138
after the first day of July and before the first day of August of	7139
1991 and each year thereafter, a majority of the judges of the	7140
division of domestic relations shall elect one of the judges of	7141
the division as administrative judge of that division. If a	7142
majority of the judges of the division of domestic relations are	7143
unable for any reason to elect an administrative judge for the	7144
division before the first day of August, a majority of the judges	7145
of the Hamilton county court of common pleas, as soon as possible	7146
after that date, shall elect one of the judges of the division of	7147
domestic relations as administrative judge of that division. The	7148
term of the administrative judge shall begin on the earlier of the	7149
first day of August of the year in which the administrative judge	7150
is elected or the date on which the administrative judge is	7151
elected by a majority of the judges of the Hamilton county court	7152
of common pleas and shall terminate on the date on which the	7153
administrative judge's successor is elected in the following year.	7154

In addition to the judge's regular duties, the administrative	7155
judge of the division of domestic relations shall be the	7156
administrator of the domestic relations division and its	7157
subdivisions and departments and shall have charge of the	7158
employment, assignment, and supervision of the personnel of the	7159
division engaged in handling, servicing, or investigating divorce,	7160
dissolution of marriage, legal separation, and annulment cases,	7161
including any referees considered necessary by the judges in the	7162
discharge of their various duties.	7163

The administrative judge of the division of domestic	7164
relations also shall designate the title, compensation, expense	7165
allowances, hours, leaves of absence, and vacations of the	7166
personnel of the division, and shall fix the duties of its	7167
personnel. The duties of the personnel, in addition to those	7168
provided for in other sections of the Revised Code, shall include	7169
the handling, servicing, and investigation of divorce, dissolution	7170
of marriage, legal separation, and annulment cases and counseling	7171
and conciliation services that may be made available to persons	7172
requesting them, whether or not the persons are parties to an	7173
action pending in the division.	7174

The board of county commissioners shall appropriate the sum	7175
of money each year as will meet all the administrative expenses of	7176
the division of domestic relations, including reasonable expenses	7177
of the domestic relations judges and the division counselors and	7178
other employees designated to conduct the handling, servicing, and	7179
investigation of divorce, dissolution of marriage, legal	7180
separation, and annulment cases, conciliation and counseling, and	7181
all matters relating to those cases and counseling, and the	7182
expenses involved in the attendance of division personnel at	7183
domestic relations and welfare conferences designated by the	7184
division, and the further sum each year as will provide for the	7185
adequate operation of the division of domestic relations.	7186

The compensation and expenses of all employees and the salary	7187
and expenses of the judges shall be paid by the county treasurer	7188
from the money appropriated for the operation of the division,	7189
upon the warrant of the county auditor, certified to by the	7190
administrative judge of the division of domestic relations.	7191

The summonses, warrants, citations, subpoenas, and other	7192
writs of the division may issue to a bailiff, constable, or staff	7193
investigator of the division or to the sheriff of any county or	7194
any marshal, constable, or police officer, and the provisions of	7195
law relating to the subpoenaing of witnesses in other cases shall	7196
apply insofar as they are applicable. When a summons, warrant,	7197
citation, subpoena, or other writ is issued to an officer, other	7198
than a bailiff, constable, or staff investigator of the division,	7199
the expense of serving it shall be assessed as a part of the costs	7200
in the case involved.	7201

(3) The judge of the court of common pleas of Hamilton county	7202
whose term begins on January 3, 1997, and the successors to that	7203
judge shall each be elected and designated as the drug court	7204
judge of the court of common pleas of Hamilton county. The drug	7205
court judge may accept or reject any case referred to the drug	7206
court judge under division (B)(3) of this section. After the drug	7207
court judge accepts a referred case, the drug court judge has	7208
full authority over the case, including the authority to conduct	7209
arraignment, accept pleas, enter findings and dispositions,	7210
conduct trials, order treatment, and if treatment is not	7211
successfully completed pronounce and enter sentence.	7212

A judge of the general division of the court of common pleas	7213
of Hamilton county and a judge of the Hamilton county municipal	7214
court may refer to the drug court judge any case, and any	7215
companion cases, the judge determines meet the criteria described	7216
under divisions (B)(3)(a) and (b) of this section. If the drug	7217
court judge accepts referral of a referred case, the case, and any	7218
companion cases, shall be transferred to the drug court judge. A	7219
judge may refer a case meeting the criteria described in divisions	7220
(B)(3)(a) and (b) of this section that involves a violation of a	7221
condition of a community control sanction to the drug court judge,	7222
and, if the drug court judge accepts the referral, the referring	7223
judge and the drug court judge have concurrent jurisdiction over	7224
the case.	7225

A judge of the general division of the court of common pleas	7226
of Hamilton county and a judge of the Hamilton county municipal	7227
court may refer a case to the drug court judge under division	7228
(B)(3) of this section if the judge determines that both of the	7229
following apply:	7230

(a) One of the following applies:

7231

(i) The case involves a drug abuse offense, as defined in	7232
section 2925.01 of the Revised Code, that is a felony of the third	7233
or fourth degree if the offense is committed prior to July 1,	7234
1996, a felony of the third, fourth, or fifth degree if the	7235
offense is committed on or after July 1, 1996, or a misdemeanor.	7236

(ii) The case involves a theft offense, as defined in section	7237
2913.01 of the Revised Code, that is a felony of the third or	7238
fourth degree if the offense is committed prior to July 1, 1996, a	7239
felony of the third, fourth, or fifth degree if the offense is	7240
committed on or after July 1, 1996, or a misdemeanor, and the	7241
defendant is drug or alcohol dependent or in danger of becoming	7242
drug or alcohol dependent and would benefit from treatment.	7243

(b) All of the following apply:

7244

(i) The case involves an offense for which a community	7245
control sanction may be imposed or is a case in which a mandatory	7246
prison term or a mandatory jail term is not required to be	7247
imposed.	7248

(ii) The defendant has no history of violent behavior.

7249

(iii) The defendant has no history of mental illness.

7250

(iv) The defendant's current or past behavior, or both, is	7251
drug or alcohol driven.	7252

(v) The defendant demonstrates a sincere willingness to	7253
participate in a fifteen-month treatment process.	7254

(vi) The defendant has no acute health condition.

7255

(vii) If the defendant is incarcerated, the county prosecutor	7256
approves of the referral.	7257

(4) If the administrative judge of the court of common pleas	7258
of Hamilton county determines that the volume of cases pending	7259
before the drug court judge does not constitute a sufficient	7260
caseload for the drug court judge, the administrative judge, in	7261
accordance with the Rules of Superintendence for Courts of Common	7262
Pleas, shall assign individual cases to the drug court judge from	7263
the general docket of the court. If the assignments so occur, the	7264
administrative judge shall cease the assignments when the	7265
administrative judge determines that the volume of cases pending	7266
before the drug court judge constitutes a sufficient caseload for	7267
the drug court judge.	7268

(5) As used in division (B) of this section, "community	7269
control sanction," "mandatory prison term," and "mandatory jail	7270
term" have the same meanings as in section 2929.01 of the Revised	7271
Code.	7272

(C)(1) In Lorain county:

7273

(a) The judges of the court of common pleas whose terms begin	7274
on January 3, 1959, January 4, 1989, and January 2, 1999, and	7275
successors, and the judge of the court of common pleas whose term	7276
begins on February 9, 2009, shall have the same qualifications,	7277
exercise the same powers and jurisdiction, and receive the same	7278
compensation as the other judges of the court of common pleas of	7279
Lorain county and shall be elected and designated as the judges	7280
of the court of common pleas, division of domestic relations. The	7281
judges of the court of common pleas whose terms begin on January	7282
3, 1959, January 4, 1989, and January 2, 1999, and successors,	7283
shall have all of the powers relating to juvenile courts, and all	7284
cases under Chapters 2151. and 2152. of the Revised Code, all	7285
parentage proceedings over which the juvenile court has	7286
jurisdiction, and all divorce, dissolution of marriage, legal	7287
separation, and annulment cases shall be assigned to them, except	7288
cases that for some special reason are assigned to some other	7289
judge of the court of common pleas. From February 9, 2009,	7290
through September 28, 2009, the judge of the court of common	7291
pleas whose term begins on February 9, 2009, shall have all the	7292
powers relating to juvenile courts, and cases under Chapters 2151.	7293
and 2152. of the Revised Code, parentage proceedings over which	7294
the juvenile court has jurisdiction, and divorce, dissolution of	7295
marriage, legal separation, and annulment cases shall be assigned	7296
to that judge, except cases that for some special reason are	7297
assigned to some other judge of the court of common pleas.	7298

(b) From January 1, 2006, through September 28, 2009, the	7299
judges of the court of common pleas, division of domestic	7300
relations, in addition to the powers and jurisdiction set forth	7301
in division (C)(1)(a) of this section, shall have jurisdiction	7302
over matters that are within the jurisdiction of the probate	7303
court under Chapter 2101. and other provisions of the Revised	7304
Code.	7305

(c) The judge of the court of common pleas, division of	7306
domestic relations, whose term begins on February 9, 2009, is the	7307
successor to the probate judge who was elected in 2002 for a term	7308
that began on February 9, 2003. After September 28, 2009, the	7309
judge of the court of common pleas, division of domestic	7310
relations, whose term begins on February 9, 2009, shall be the	7311
probate judge.	7312

(2)(a) From February 9, 2009, through September 28, 2009,	7313
with respect to Lorain county, all references in law to the	7314
probate court shall be construed as references to the court of	7315
common pleas, division of domestic relations, and all	7316
references to the probate judge shall be construed as references	7317
to the judges of the court of common pleas, division of domestic	7318
relations.	7319

(b) From February 9, 2009, through September 28, 2009, with	7320
respect to Lorain county, all references in law to the clerk of	7321
the probate court shall be construed as references to the judge	7322
who is serving pursuant to Rule 4 of the Rules of	7323
Superintendence for the Courts of Ohio as the administrative	7324
judge of the court of common pleas, division of domestic	7325
relations.	7326

(D) In Lucas county:

7327

(1) The judges of the court of common pleas whose terms begin	7328
on January 1, 1955, and January 3, 1965, and successors, shall	7329
have the same qualifications, exercise the same powers and	7330
jurisdiction, and receive the same compensation as other judges of	7331
the court of common pleas of Lucas county and shall be elected and	7332
designated as judges of the court of common pleas, division of	7333
domestic relations. All divorce, dissolution of marriage, legal	7334
separation, and annulment cases shall be assigned to them.	7335

The judge of the division of domestic relations, senior in	7336
point of service, shall be considered as the presiding judge of	7337
the court of common pleas, division of domestic relations, and	7338
shall be charged exclusively with the assignment and division of	7339
the work of the division and the employment and supervision of all	7340
other personnel of the domestic relations division.	7341

(2) The judges of the court of common pleas whose terms begin	7342
on January 5, 1977, and January 2, 1991, and successors shall have	7343
the same qualifications, exercise the same powers and	7344
jurisdiction, and receive the same compensation as other judges of	7345
the court of common pleas of Lucas county, shall be elected and	7346
designated as judges of the court of common pleas, juvenile	7347
division, and shall be the juvenile judges as provided in Chapters	7348
2151. and 2152. of the Revised Code with the powers and	7349
jurisdictions conferred by those chapters. In addition to the	7350
judge's regular duties, the judge of the court of common pleas,	7351
juvenile division, senior in point of service, shall be the	7352
administrator of the juvenile division and its subdivisions and	7353
departments and shall have charge of the employment, assignment,	7354
and supervision of the personnel of the division engaged in	7355
handling, servicing, or investigating juvenile cases, including	7356
any referees considered necessary by the judges of the division in	7357
the discharge of their various duties.	7358

The judge of the court of common pleas, juvenile division,	7359
senior in point of service, also shall designate the title,	7360
compensation, expense allowance, hours, leaves of absence, and	7361
vacation of the personnel of the division and shall fix the duties	7362
of the personnel of the division. The duties of the personnel, in	7363
addition to other statutory duties include the handling,	7364
servicing, and investigation of juvenile cases and counseling and	7365
conciliation services that may be made available to persons	7366
requesting them, whether or not the persons are parties to an	7367
action pending in the division.	7368

(3) If one of the judges of the court of common pleas,	7369
division of domestic relations, or one of the judges of the	7370
juvenile division is sick, absent, or unable to perform that	7371
judge's judicial duties or the volume of cases pending in that	7372
judge's division necessitates it, the duties shall be performed by	7373
the judges of the other of those divisions.	7374

(E) In Mahoning county:

7375

(1) The judge of the court of common pleas whose term began	7376
on January 1, 1955, and successors, shall have the same	7377
qualifications, exercise the same powers and jurisdiction, and	7378
receive the same compensation as other judges of the court of	7379
common pleas of Mahoning county, shall be elected and designated	7380
as judge of the court of common pleas, division of domestic	7381
relations, and shall be assigned all the divorce, dissolution of	7382
marriage, legal separation, and annulment cases coming before the	7383
court. In addition to the judge's regular duties, the judge of the	7384
court of common pleas, division of domestic relations, shall be	7385
the administrator of the domestic relations division and its	7386
subdivisions and departments and shall have charge of the	7387
employment, assignment, and supervision of the personnel of the	7388
division engaged in handling, servicing, or investigating divorce,	7389
dissolution of marriage, legal separation, and annulment cases,	7390
including any referees considered necessary in the discharge of	7391
the various duties of the judge's office.	7392

The judge also shall designate the title, compensation,	7393
expense allowances, hours, leaves of absence, and vacations of the	7394
personnel of the division and shall fix the duties of the	7395
personnel of the division. The duties of the personnel, in	7396
addition to other statutory duties, include the handling,	7397
servicing, and investigation of divorce, dissolution of marriage,	7398
legal separation, and annulment cases and counseling and	7399
conciliation services that may be made available to persons	7400
requesting them, whether or not the persons are parties to an	7401
action pending in the division.	7402

(2) The judge of the court of common pleas whose term began	7403
on January 2, 1969, and successors, shall have the same	7404
qualifications, exercise the same powers and jurisdiction, and	7405
receive the same compensation as other judges of the court of	7406
common pleas of Mahoning county, shall be elected and designated	7407
as judge of the court of common pleas, juvenile division, and	7408
shall be the juvenile judge as provided in Chapters 2151. and	7409
2152. of the Revised Code, with the powers and jurisdictions	7410
conferred by those chapters. In addition to the judge's regular	7411
duties, the judge of the court of common pleas, juvenile division,	7412
shall be the administrator of the juvenile division and its	7413
subdivisions and departments and shall have charge of the	7414
employment, assignment, and supervision of the personnel of the	7415
division engaged in handling, servicing, or investigating juvenile	7416
cases, including any referees considered necessary by the judge in	7417
the discharge of the judge's various duties.	7418

The judge also shall designate the title, compensation,	7419
expense allowances, hours, leaves of absence, and vacation of the	7420
personnel of the division and shall fix the duties of the	7421
personnel of the division. The duties of the personnel, in	7422
addition to other statutory duties, include the handling,	7423
servicing, and investigation of juvenile cases and counseling and	7424
conciliation services that may be made available to persons	7425
requesting them, whether or not the persons are parties to an	7426
action pending in the division.	7427

(3) If a judge of the court of common pleas, division of	7428
domestic relations or juvenile division, is sick, absent, or	7429
unable to perform that judge's judicial duties, or the volume of	7430
cases pending in that judge's division necessitates it, that	7431
judge's duties shall be performed by another judge of the court of	7432
common pleas.	7433

(F) In Montgomery county:

7434

(1) The judges of the court of common pleas whose terms begin	7435
on January 2, 1953, and January 4, 1977, and successors, shall	7436
have the same qualifications, exercise the same powers and	7437
jurisdiction, and receive the same compensation as other judges of	7438
the court of common pleas of Montgomery county and shall be	7439
elected and designated as judges of the court of common pleas,	7440
division of domestic relations. These judges shall have assigned	7441
to them all divorce, dissolution of marriage, legal separation,	7442
and annulment cases.	7443

The judge of the division of domestic relations, senior in	7444
point of service, shall be charged exclusively with the assignment	7445
and division of the work of the division and shall have charge of	7446
the employment and supervision of the personnel of the division	7447
engaged in handling, servicing, or investigating divorce,	7448
dissolution of marriage, legal separation, and annulment cases,	7449
including any necessary referees, except those employees who may	7450
be appointed by the judge, junior in point of service, under this	7451
section and sections 2301.12, 2301.18, and 2301.19 of the Revised	7452
Code. The judge of the division of domestic relations, senior in	7453
point of service, also shall designate the title, compensation,	7454
expense allowances, hours, leaves of absence, and vacation of the	7455
personnel of the division and shall fix their duties.	7456

(2) The judges of the court of common pleas whose terms begin	7457
on January 1, 1953, and January 1, 1993, and successors, shall	7458
have the same qualifications, exercise the same powers and	7459
jurisdiction, and receive the same compensation as other judges of	7460
the court of common pleas of Montgomery county, shall be elected	7461
and designated as judges of the court of common pleas, juvenile	7462
division, and shall be, and have the powers and jurisdiction of,	7463
the juvenile judge as provided in Chapters 2151. and 2152. of the	7464
Revised Code.	7465

In addition to the judge's regular duties, the judge of the	7466
court of common pleas, juvenile division, senior in point of	7467
service, shall be the administrator of the juvenile division and	7468
its subdivisions and departments and shall have charge of the	7469
employment, assignment, and supervision of the personnel of the	7470
juvenile division, including any necessary referees, who are	7471
engaged in handling, servicing, or investigating juvenile cases.	7472
The judge, senior in point of service, also shall designate the	7473
title, compensation, expense allowances, hours, leaves of absence,	7474
and vacation of the personnel of the division and shall fix their	7475
duties. The duties of the personnel, in addition to other	7476
statutory duties, shall include the handling, servicing, and	7477
investigation of juvenile cases and of any counseling and	7478
conciliation services that are available upon request to persons,	7479
whether or not they are parties to an action pending in the	7480
division.	7481

If one of the judges of the court of common pleas, division	7482
of domestic relations, or one of the judges of the court of common	7483
pleas, juvenile division, is sick, absent, or unable to perform	7484
that judge's duties or the volume of cases pending in that judge's	7485
division necessitates it, the duties of that judge may be	7486
performed by the judge or judges of the other of those divisions.	7487

(G) In Richland county:

7488

(1) The judge of the court of common pleas whose term begins	7489
on January 1, 1957, and successors, shall have the same	7490
qualifications, exercise the same powers and jurisdiction, and	7491
receive the same compensation as the other judges of the court of	7492
common pleas of Richland county and shall be elected and	7493
designated as judge of the court of common pleas, division of	7494
domestic relations. That judge shall be assigned and hear all	7495
divorce, dissolution of marriage, legal separation, and annulment	7496
cases, all domestic violence cases arising under section 3113.31	7497
of the Revised Code, and all post-decree proceedings arising from	7498
any case pertaining to any of those matters. The division of	7499
domestic relations has concurrent jurisdiction with the juvenile	7500
division of the court of common pleas of Richland county to	7501
determine the care, custody, or control of any child not a ward of	7502
another court of this state, and to hear and determine a request	7503
for an order for the support of any child if the request is not	7504
ancillary to an action for divorce, dissolution of marriage,	7505
annulment, or legal separation, a criminal or civil action	7506
involving an allegation of domestic violence, or an action for	7507
support brought under Chapter 3115. of the Revised Code. Except in	7508
cases that are subject to the exclusive original jurisdiction of	7509
the juvenile court, the judge of the division of domestic	7510
relations shall be assigned and hear all cases pertaining to	7511
paternity or parentage, the care, custody, or control of children,	7512
parenting time or visitation, child support, or the allocation of	7513
parental rights and responsibilities for the care of children, all	7514
proceedings arising under Chapter 3111. of the Revised Code, all	7515
proceedings arising under the uniform interstate family support	7516
act contained in Chapter 3115. of the Revised Code, and all	7517
post-decree proceedings arising from any case pertaining to any of	7518
those matters.	7519

In addition to the judge's regular duties, the judge of the	7520
court of common pleas, division of domestic relations, shall be	7521
the administrator of the domestic relations division and its	7522
subdivisions and departments. The judge shall have charge of the	7523
employment, assignment, and supervision of the personnel of the	7524
domestic relations division, including any magistrates the judge	7525
considers necessary for the discharge of the judge's duties. The	7526
judge shall also designate the title, compensation, expense	7527
allowances, hours, leaves of absence, vacation, and other	7528
employment-related matters of the personnel of the division and	7529
shall fix their duties.	7530

(2) The judge of the court of common pleas whose term begins	7531
on January 3, 2005, and successors, shall have the same	7532
qualifications, exercise the same powers and jurisdiction, and	7533
receive the same compensation as other judges of the court of	7534
common pleas of Richland county, shall be elected and designated	7535
as judge of the court of common pleas, juvenile division, and	7536
shall be, and have the powers and jurisdiction of, the juvenile	7537
judge as provided in Chapters 2151. and 2152. of the Revised Code.	7538
Except in cases that are subject to the exclusive original	7539
jurisdiction of the juvenile court, the judge of the juvenile	7540
division shall not have jurisdiction or the power to hear, and	7541
shall not be assigned, any case pertaining to paternity or	7542
parentage, the care, custody, or control of children, parenting	7543
time or visitation, child support, or the allocation of parental	7544
rights and responsibilities for the care of children or any	7545
post-decree proceeding arising from any case pertaining to any of	7546
those matters. The judge of the juvenile division shall not have	7547
jurisdiction or the power to hear, and shall not be assigned, any	7548
proceeding under the uniform interstate family support act	7549
contained in Chapter 3115. of the Revised Code.	7550

In addition to the judge's regular duties, the judge of the	7551
juvenile division shall be the administrator of the juvenile	7552
division and its subdivisions and departments. The judge shall	7553
have charge of the employment, assignment, and supervision of the	7554
personnel of the juvenile division who are engaged in handling,	7555
servicing, or investigating juvenile cases, including any	7556
magistrates whom the judge considers necessary for the discharge	7557
of the judge's various duties.	7558

The judge of the juvenile division also shall designate the	7559
title, compensation, expense allowances, hours, leaves of absence,	7560
and vacation of the personnel of the division and shall fix their	7561
duties. The duties of the personnel, in addition to other	7562
statutory duties, include the handling, servicing, and	7563
investigation of juvenile cases and providing any counseling,	7564
conciliation, and mediation services that the court makes	7565
available to persons, whether or not the persons are parties to an	7566
action pending in the court, who request the services.	7567

(H) In Stark county, the judges of the court of common pleas	7568
whose terms begin on January 1, 1953, January 2, 1959, and January	7569
1, 1993, and successors, shall have the same qualifications,	7570
exercise the same powers and jurisdiction, and receive the same	7571
compensation as other judges of the court of common pleas of Stark	7572
county and shall be elected and designated as judges of the court	7573
of common pleas, division of domestic relations. They shall have	7574
all the powers relating to juvenile courts, and all cases under	7575
Chapters 2151. and 2152. of the Revised Code, all parentage	7576
proceedings over which the juvenile court has jurisdiction, and	7577
all divorce, dissolution of marriage, legal separation, and	7578
annulment cases, except cases that are assigned to some other	7579
judge of the court of common pleas for some special reason, shall	7580
be assigned to the judges.	7581

The judge of the division of domestic relations, second most	7582
senior in point of service, shall have charge of the employment	7583
and supervision of the personnel of the division engaged in	7584
handling, servicing, or investigating divorce, dissolution of	7585
marriage, legal separation, and annulment cases, and necessary	7586
referees required for the judge's respective court.	7587

The judge of the division of domestic relations, senior in	7588
point of service, shall be charged exclusively with the	7589
administration of sections 2151.13, 2151.16, 2151.17, and 2152.71	7590
of the Revised Code and with the assignment and division of the	7591
work of the division and the employment and supervision of all	7592
other personnel of the division, including, but not limited to,	7593
that judge's necessary referees, but excepting those employees who	7594
may be appointed by the judge second most senior in point of	7595
service. The senior judge further shall serve in every other	7596
position in which the statutes permit or require a juvenile judge	7597
to serve.	7598

(I) In Summit county:

7599

(1) The judges of the court of common pleas whose terms begin	7600
on January 4, 1967, and January 6, 1993, and successors, shall	7601
have the same qualifications, exercise the same powers and	7602
jurisdiction, and receive the same compensation as other judges of	7603
the court of common pleas of Summit county and shall be elected	7604
and designated as judges of the court of common pleas, division of	7605
domestic relations. The judges of the division of domestic	7606
relations shall have assigned to them and hear all divorce,	7607
dissolution of marriage, legal separation, and annulment cases	7608
that come before the court. Except in cases that are subject to	7609
the exclusive original jurisdiction of the juvenile court, the	7610
judges of the division of domestic relations shall have assigned	7611
to them and hear all cases pertaining to paternity, custody,	7612
visitation, child support, or the allocation of parental rights	7613
and responsibilities for the care of children and all post-decree	7614
proceedings arising from any case pertaining to any of those	7615
matters. The judges of the division of domestic relations shall	7616
have assigned to them and hear all proceedings under the uniform	7617
interstate family support act contained in Chapter 3115. of the	7618
Revised Code.	7619

The judge of the division of domestic relations, senior in	7620
point of service, shall be the administrator of the domestic	7621
relations division and its subdivisions and departments and shall	7622
have charge of the employment, assignment, and supervision of the	7623
personnel of the division, including any necessary referees, who	7624
are engaged in handling, servicing, or investigating divorce,	7625
dissolution of marriage, legal separation, and annulment cases.	7626
That judge also shall designate the title, compensation, expense	7627
allowances, hours, leaves of absence, and vacations of the	7628
personnel of the division and shall fix their duties. The duties	7629
of the personnel, in addition to other statutory duties, shall	7630
include the handling, servicing, and investigation of divorce,	7631
dissolution of marriage, legal separation, and annulment cases and	7632
of any counseling and conciliation services that are available	7633
upon request to all persons, whether or not they are parties to an	7634
action pending in the division.	7635

(2) The judge of the court of common pleas whose term begins	7636
on January 1, 1955, and successors, shall have the same	7637
qualifications, exercise the same powers and jurisdiction, and	7638
receive the same compensation as other judges of the court of	7639
common pleas of Summit county, shall be elected and designated as	7640
judge of the court of common pleas, juvenile division, and shall	7641
be, and have the powers and jurisdiction of, the juvenile judge as	7642
provided in Chapters 2151. and 2152. of the Revised Code. Except	7643
in cases that are subject to the exclusive original jurisdiction	7644
of the juvenile court, the judge of the juvenile division shall	7645
not have jurisdiction or the power to hear, and shall not be	7646
assigned, any case pertaining to paternity, custody, visitation,	7647
child support, or the allocation of parental rights and	7648
responsibilities for the care of children or any post-decree	7649
proceeding arising from any case pertaining to any of those	7650
matters. The judge of the juvenile division shall not have	7651
jurisdiction or the power to hear, and shall not be assigned, any	7652
proceeding under the uniform interstate family support act	7653
contained in Chapter 3115. of the Revised Code.	7654

The juvenile judge shall be the administrator of the juvenile	7655
division and its subdivisions and departments and shall have	7656
charge of the employment, assignment, and supervision of the	7657
personnel of the juvenile division, including any necessary	7658
referees, who are engaged in handling, servicing, or investigating	7659
juvenile cases. The judge also shall designate the title,	7660
compensation, expense allowances, hours, leaves of absence, and	7661
vacation of the personnel of the division and shall fix their	7662
duties. The duties of the personnel, in addition to other	7663
statutory duties, shall include the handling, servicing, and	7664
investigation of juvenile cases and of any counseling and	7665
conciliation services that are available upon request to persons,	7666
whether or not they are parties to an action pending in the	7667
division.	7668

(J) In Trumbull county, the judges of the court of common	7669
pleas whose terms begin on January 1, 1953, and January 2, 1977,	7670
and successors, shall have the same qualifications, exercise the	7671
same powers and jurisdiction, and receive the same compensation as	7672
other judges of the court of common pleas of Trumbull county and	7673
shall be elected and designated as judges of the court of common	7674
pleas, division of domestic relations. They shall have all the	7675
powers relating to juvenile courts, and all cases under Chapters	7676
2151. and 2152. of the Revised Code, all parentage proceedings	7677
over which the juvenile court has jurisdiction, and all divorce,	7678
dissolution of marriage, legal separation, and annulment cases	7679
shall be assigned to them, except cases that for some special	7680
reason are assigned to some other judge of the court of common	7681
pleas.	7682

(K) In Butler county:

7683

(1) The judges of the court of common pleas whose terms begin	7684
on January 1, 1957, and January 4, 1993, and successors, shall	7685
have the same qualifications, exercise the same powers and	7686
jurisdiction, and receive the same compensation as other judges of	7687
the court of common pleas of Butler county and shall be elected	7688
and designated as judges of the court of common pleas, division of	7689
domestic relations. The judges of the division of domestic	7690
relations shall have assigned to them all divorce, dissolution of	7691
marriage, legal separation, and annulment cases coming before the	7692
court, except in cases that for some special reason are assigned	7693
to some other judge of the court of common pleas. The judge senior	7694
in point of service shall be charged with the assignment and	7695
division of the work of the division and with the employment and	7696
supervision of all other personnel of the domestic relations	7697
division.	7698

The judge senior in point of service also shall designate the	7699
title, compensation, expense allowances, hours, leaves of absence,	7700
and vacations of the personnel of the division and shall fix their	7701
duties. The duties of the personnel, in addition to other	7702
statutory duties, shall include the handling, servicing, and	7703
investigation of divorce, dissolution of marriage, legal	7704
separation, and annulment cases and providing any counseling and	7705
conciliation services that the division makes available to	7706
persons, whether or not the persons are parties to an action	7707
pending in the division, who request the services.	7708

(2) The judges of the court of common pleas whose terms begin	7709
on January 3, 1987, and January 2, 2003, and successors, shall	7710
have the same qualifications, exercise the same powers and	7711
jurisdiction, and receive the same compensation as other judges of	7712
the court of common pleas of Butler county, shall be elected and	7713
designated as judges of the court of common pleas, juvenile	7714
division, and shall be the juvenile judges as provided in Chapters	7715
2151. and 2152. of the Revised Code, with the powers and	7716
jurisdictions conferred by those chapters. The judge of the court	7717
of common pleas, juvenile division, who is senior in point of	7718
service, shall be the administrator of the juvenile division and	7719
its subdivisions and departments. The judge, senior in point of	7720
service, shall have charge of the employment, assignment, and	7721
supervision of the personnel of the juvenile division who are	7722
engaged in handling, servicing, or investigating juvenile cases,	7723
including any referees whom the judge considers necessary for the	7724
discharge of the judge's various duties.	7725

The judge, senior in point of service, also shall designate	7726
the title, compensation, expense allowances, hours, leaves of	7727
absence, and vacation of the personnel of the division and shall	7728
fix their duties. The duties of the personnel, in addition to	7729
other statutory duties, include the handling, servicing, and	7730
investigation of juvenile cases and providing any counseling and	7731
conciliation services that the division makes available to	7732
persons, whether or not the persons are parties to an action	7733
pending in the division, who request the services.	7734

(3) If a judge of the court of common pleas, division of	7735
domestic relations or juvenile division, is sick, absent, or	7736
unable to perform that judge's judicial duties or the volume of	7737
cases pending in the judge's division necessitates it, the duties	7738
of that judge shall be performed by the other judges of the	7739
domestic relations and juvenile divisions.	7740

(L)(1) In Cuyahoga county, the judges of the court of common	7741
pleas whose terms begin on January 8, 1961, January 9, 1961,	7742
January 18, 1975, January 19, 1975, and January 13, 1987, and	7743
successors, shall have the same qualifications, exercise the same	7744
powers and jurisdiction, and receive the same compensation as	7745
other judges of the court of common pleas of Cuyahoga county and	7746
shall be elected and designated as judges of the court of common	7747
pleas, division of domestic relations. They shall have all the	7748
powers relating to all divorce, dissolution of marriage, legal	7749
separation, and annulment cases, except in cases that are assigned	7750
to some other judge of the court of common pleas for some special	7751
reason.	7752

(2) The administrative judge is administrator of the domestic	7753
relations division and its subdivisions and departments and has	7754
the following powers concerning division personnel:	7755

(a) Full charge of the employment, assignment, and	7756
supervision;	7757

(b) Sole determination of compensation, duties, expenses,	7758
allowances, hours, leaves, and vacations.	7759

(3) "Division personnel" include persons employed or referees	7760
engaged in hearing, servicing, investigating, counseling, or	7761
conciliating divorce, dissolution of marriage, legal separation	7762
and annulment matters.	7763

(M) In Lake county:

7764

(1) The judge of the court of common pleas whose term begins	7765
on January 2, 1961, and successors, shall have the same	7766
qualifications, exercise the same powers and jurisdiction, and	7767
receive the same compensation as the other judges of the court of	7768
common pleas of Lake county and shall be elected and designated as	7769
judge of the court of common pleas, division of domestic	7770
relations. The judge shall be assigned all the divorce,	7771
dissolution of marriage, legal separation, and annulment cases	7772
coming before the court, except in cases that for some special	7773
reason are assigned to some other judge of the court of common	7774
pleas. The judge shall be charged with the assignment and division	7775
of the work of the division and with the employment and	7776
supervision of all other personnel of the domestic relations	7777
division.	7778

The judge also shall designate the title, compensation,	7779
expense allowances, hours, leaves of absence, and vacations of the	7780
personnel of the division and shall fix their duties. The duties	7781
of the personnel, in addition to other statutory duties, shall	7782
include the handling, servicing, and investigation of divorce,	7783
dissolution of marriage, legal separation, and annulment cases and	7784
providing any counseling and conciliation services that the	7785
division makes available to persons, whether or not the persons	7786
are parties to an action pending in the division, who request the	7787
services.	7788

(2) The judge of the court of common pleas whose term begins	7789
on January 4, 1979, and successors, shall have the same	7790
qualifications, exercise the same powers and jurisdiction, and	7791
receive the same compensation as other judges of the court of	7792
common pleas of Lake county, shall be elected and designated as	7793
judge of the court of common pleas, juvenile division, and shall	7794
be the juvenile judge as provided in Chapters 2151. and 2152. of	7795
the Revised Code, with the powers and jurisdictions conferred by	7796
those chapters. The judge of the court of common pleas, juvenile	7797
division, shall be the administrator of the juvenile division and	7798
its subdivisions and departments. The judge shall have charge of	7799
the employment, assignment, and supervision of the personnel of	7800
the juvenile division who are engaged in handling, servicing, or	7801
investigating juvenile cases, including any referees whom the	7802
judge considers necessary for the discharge of the judge's various	7803
duties.	7804

The judge also shall designate the title, compensation,	7805
expense allowances, hours, leaves of absence, and vacation of the	7806
personnel of the division and shall fix their duties. The duties	7807
of the personnel, in addition to other statutory duties, include	7808
the handling, servicing, and investigation of juvenile cases and	7809
providing any counseling and conciliation services that the	7810
division makes available to persons, whether or not the persons	7811
are parties to an action pending in the division, who request the	7812
services.	7813

(3) If a judge of the court of common pleas, division of	7814
domestic relations or juvenile division, is sick, absent, or	7815
unable to perform that judge's judicial duties or the volume of	7816
cases pending in the judge's division necessitates it, the duties	7817
of that judge shall be performed by the other judges of the	7818
domestic relations and juvenile divisions.	7819

(N) In Erie county:

7820

(1) The judge of the court of common pleas whose term begins	7821
on January 2, 1971, and the successors to that judge whose terms	7822
begin before January 2, 2007, shall have the same qualifications,	7823
exercise the same powers and jurisdiction, and receive the same	7824
compensation as the other judge of the court of common pleas of	7825
Erie county and shall be elected and designated as judge of the	7826
court of common pleas, division of domestic relations. The judge	7827
shall have all the powers relating to juvenile courts, and shall	7828
be assigned all cases under Chapters 2151. and 2152. of the	7829
Revised Code, parentage proceedings over which the juvenile court	7830
has jurisdiction, and divorce, dissolution of marriage, legal	7831
separation, and annulment cases, except cases that for some	7832
special reason are assigned to some other judge.	7833

On or after January 2, 2007, the judge of the court of common	7834
pleas who is elected in 2006 shall be the successor to the judge	7835
of the domestic relations division whose term expires on January	7836
1, 2007, shall be designated as judge of the court of common	7837
pleas, juvenile division, and shall be the juvenile judge as	7838
provided in Chapters 2151. and 2152. of the Revised Code with the	7839
powers and jurisdictions conferred by those chapters.	7840

(2) The judge of the court of common pleas, general division,	7841
whose term begins on January 1, 2005, and successors, the judge of	7842
the court of common pleas, general division whose term begins on	7843
January 2, 2005, and successors, and the judge of the court of	7844
common pleas, general division, whose term begins February 9,	7845
2009, and successors, shall have assigned to them, in addition to	7846
all matters that are within the jurisdiction of the general	7847
division of the court of common pleas, all divorce, dissolution of	7848
marriage, legal separation, and annulment cases coming before the	7849
court, and all matters that are within the jurisdiction of the	7850
probate court under Chapter 2101., and other provisions, of the	7851
Revised Code.	7852

(O) In Greene county:

7853

(1) The judge of the court of common pleas whose term begins	7854
on January 1, 1961, and successors, shall have the same	7855
qualifications, exercise the same powers and jurisdiction, and	7856
receive the same compensation as the other judges of the court of	7857
common pleas of Greene county and shall be elected and designated	7858
as the judge of the court of common pleas, division of domestic	7859
relations. The judge shall be assigned all divorce, dissolution of	7860
marriage, legal separation, annulment, uniform reciprocal support	7861
enforcement, and domestic violence cases and all other cases	7862
related to domestic relations, except cases that for some special	7863
reason are assigned to some other judge of the court of common	7864
pleas.	7865

The judge shall be charged with the assignment and division	7866
of the work of the division and with the employment and	7867
supervision of all other personnel of the division. The judge also	7868
shall designate the title, compensation, hours, leaves of absence,	7869
and vacations of the personnel of the division and shall fix their	7870
duties. The duties of the personnel of the division, in addition	7871
to other statutory duties, shall include the handling, servicing,	7872
and investigation of divorce, dissolution of marriage, legal	7873
separation, and annulment cases and the provision of counseling	7874
and conciliation services that the division considers necessary	7875
and makes available to persons who request the services, whether	7876
or not the persons are parties in an action pending in the	7877
division. The compensation for the personnel shall be paid from	7878
the overall court budget and shall be included in the	7879
appropriations for the existing judges of the general division of	7880
the court of common pleas.	7881

(2) The judge of the court of common pleas whose term begins	7882
on January 1, 1995, and successors, shall have the same	7883
qualifications, exercise the same powers and jurisdiction, and	7884
receive the same compensation as the other judges of the court of	7885
common pleas of Greene county, shall be elected and designated as	7886
judge of the court of common pleas, juvenile division, and, on or	7887
after January 1, 1995, shall be the juvenile judge as provided in	7888
Chapters 2151. and 2152. of the Revised Code with the powers and	7889
jurisdiction conferred by those chapters. The judge of the court	7890
of common pleas, juvenile division, shall be the administrator of	7891
the juvenile division and its subdivisions and departments. The	7892
judge shall have charge of the employment, assignment, and	7893
supervision of the personnel of the juvenile division who are	7894
engaged in handling, servicing, or investigating juvenile cases,	7895
including any referees whom the judge considers necessary for the	7896
discharge of the judge's various duties.	7897

The judge also shall designate the title, compensation,	7898
expense allowances, hours, leaves of absence, and vacation of the	7899
personnel of the division and shall fix their duties. The duties	7900
of the personnel, in addition to other statutory duties, include	7901
the handling, servicing, and investigation of juvenile cases and	7902
providing any counseling and conciliation services that the court	7903
makes available to persons, whether or not the persons are parties	7904
to an action pending in the court, who request the services.	7905

(3) If one of the judges of the court of common pleas,	7906
general division, is sick, absent, or unable to perform that	7907
judge's judicial duties or the volume of cases pending in the	7908
general division necessitates it, the duties of that judge of the	7909
general division shall be performed by the judge of the division	7910
of domestic relations and the judge of the juvenile division.	7911

(P) In Portage county, the judge of the court of common	7912
pleas, whose term begins January 2, 1987, and successors, shall	7913
have the same qualifications, exercise the same powers and	7914
jurisdiction, and receive the same compensation as the other	7915
judges of the court of common pleas of Portage county and shall be	7916
elected and designated as judge of the court of common pleas,	7917
division of domestic relations. The judge shall be assigned all	7918
divorce, dissolution of marriage, legal separation, and annulment	7919
cases coming before the court, except in cases that for some	7920
special reason are assigned to some other judge of the court of	7921
common pleas. The judge shall be charged with the assignment and	7922
division of the work of the division and with the employment and	7923
supervision of all other personnel of the domestic relations	7924
division.	7925

The judge also shall designate the title, compensation,	7926
expense allowances, hours, leaves of absence, and vacations of the	7927
personnel of the division and shall fix their duties. The duties	7928
of the personnel, in addition to other statutory duties, shall	7929
include the handling, servicing, and investigation of divorce,	7930
dissolution of marriage, legal separation, and annulment cases and	7931
providing any counseling and conciliation services that the	7932
division makes available to persons, whether or not the persons	7933
are parties to an action pending in the division, who request the	7934
services.	7935

(Q) In Clermont county, the judge of the court of common	7936
pleas, whose term begins January 2, 1987, and successors, shall	7937
have the same qualifications, exercise the same powers and	7938
jurisdiction, and receive the same compensation as the other	7939
judges of the court of common pleas of Clermont county and shall	7940
be elected and designated as judge of the court of common pleas,	7941
division of domestic relations. The judge shall be assigned all	7942
divorce, dissolution of marriage, legal separation, and annulment	7943
cases coming before the court, except in cases that for some	7944
special reason are assigned to some other judge of the court of	7945
common pleas. The judge shall be charged with the assignment and	7946
division of the work of the division and with the employment and	7947
supervision of all other personnel of the domestic relations	7948
division.	7949

The judge also shall designate the title, compensation,	7950
expense allowances, hours, leaves of absence, and vacations of the	7951
personnel of the division and shall fix their duties. The duties	7952
of the personnel, in addition to other statutory duties, shall	7953
include the handling, servicing, and investigation of divorce,	7954
dissolution of marriage, legal separation, and annulment cases and	7955
providing any counseling and conciliation services that the	7956
division makes available to persons, whether or not the persons	7957
are parties to an action pending in the division, who request the	7958
services.	7959

(R) In Warren county, the judge of the court of common pleas,	7960
whose term begins January 1, 1987, and successors, shall have the	7961
same qualifications, exercise the same powers and jurisdiction,	7962
and receive the same compensation as the other judges of the court	7963
of common pleas of Warren county and shall be elected and	7964
designated as judge of the court of common pleas, division of	7965
domestic relations. The judge shall be assigned all divorce,	7966
dissolution of marriage, legal separation, and annulment cases	7967
coming before the court, except in cases that for some special	7968
reason are assigned to some other judge of the court of common	7969
pleas. The judge shall be charged with the assignment and division	7970
of the work of the division and with the employment and	7971
supervision of all other personnel of the domestic relations	7972
division.	7973

The judge also shall designate the title, compensation,	7974
expense allowances, hours, leaves of absence, and vacations of the	7975
personnel of the division and shall fix their duties. The duties	7976
of the personnel, in addition to other statutory duties, shall	7977
include the handling, servicing, and investigation of divorce,	7978
dissolution of marriage, legal separation, and annulment cases and	7979
providing any counseling and conciliation services that the	7980
division makes available to persons, whether or not the persons	7981
are parties to an action pending in the division, who request the	7982
services.	7983

(S) In Licking county, the judges of the court of common	7984
pleas, whose terms begin on January 1, 1991, and January 1, 2005,	7985
and successors, shall have the same qualifications, exercise the	7986
same powers and jurisdiction, and receive the same compensation as	7987
the other judges of the court of common pleas of Licking county	7988
and shall be elected and designated as judges of the court of	7989
common pleas, division of domestic relations. The judges shall be	7990
assigned all divorce, dissolution of marriage, legal separation,	7991
and annulment cases, all cases arising under Chapter 3111. of the	7992
Revised Code, all proceedings involving child support, the	7993
allocation of parental rights and responsibilities for the care of	7994
children and the designation for the children of a place of	7995
residence and legal custodian, parenting time, and visitation, and	7996
all post-decree proceedings and matters arising from those cases	7997
and proceedings, except in cases that for some special reason are	7998
assigned to another judge of the court of common pleas. The	7999
administrative judge of the division of domestic relations shall	8000
be charged with the assignment and division of the work of the	8001
division and with the employment and supervision of the personnel	8002
of the division.	8003

The administrative judge of the division of domestic	8004
relations shall designate the title, compensation, expense	8005
allowances, hours, leaves of absence, and vacations of the	8006
personnel of the division and shall fix the duties of the	8007
personnel of the division. The duties of the personnel of the	8008
division, in addition to other statutory duties, shall include the	8009
handling, servicing, and investigation of divorce, dissolution of	8010
marriage, legal separation, and annulment cases, cases arising	8011
under Chapter 3111. of the Revised Code, and proceedings involving	8012
child support, the allocation of parental rights and	8013
responsibilities for the care of children and the designation for	8014
the children of a place of residence and legal custodian,	8015
parenting time, and visitation and providing any counseling and	8016
conciliation services that the division makes available to	8017
persons, whether or not the persons are parties to an action	8018
pending in the division, who request the services.	8019

(T) In Allen county, the judge of the court of common pleas,	8020
whose term begins January 1, 1993, and successors, shall have the	8021
same qualifications, exercise the same powers and jurisdiction,	8022
and receive the same compensation as the other judges of the court	8023
of common pleas of Allen county and shall be elected and	8024
designated as judge of the court of common pleas, division of	8025
domestic relations. The judge shall be assigned all divorce,	8026
dissolution of marriage, legal separation, and annulment cases,	8027
all cases arising under Chapter 3111. of the Revised Code, all	8028
proceedings involving child support, the allocation of parental	8029
rights and responsibilities for the care of children and the	8030
designation for the children of a place of residence and legal	8031
custodian, parenting time, and visitation, and all post-decree	8032
proceedings and matters arising from those cases and proceedings,	8033
except in cases that for some special reason are assigned to	8034
another judge of the court of common pleas. The judge shall be	8035
charged with the assignment and division of the work of the	8036
division and with the employment and supervision of the personnel	8037
of the division.	8038

The judge shall designate the title, compensation, expense	8039
allowances, hours, leaves of absence, and vacations of the	8040
personnel of the division and shall fix the duties of the	8041
personnel of the division. The duties of the personnel of the	8042
division, in addition to other statutory duties, shall include the	8043
handling, servicing, and investigation of divorce, dissolution of	8044
marriage, legal separation, and annulment cases, cases arising	8045
under Chapter 3111. of the Revised Code, and proceedings involving	8046
child support, the allocation of parental rights and	8047
responsibilities for the care of children and the designation for	8048
the children of a place of residence and legal custodian,	8049
parenting time, and visitation, and providing any counseling and	8050
conciliation services that the division makes available to	8051
persons, whether or not the persons are parties to an action	8052
pending in the division, who request the services.	8053

(U) In Medina county, the judge of the court of common pleas	8054
whose term begins January 1, 1995, and successors, shall have the	8055
same qualifications, exercise the same powers and jurisdiction,	8056
and receive the same compensation as other judges of the court of	8057
common pleas of Medina county and shall be elected and designated	8058
as judge of the court of common pleas, division of domestic	8059
relations. The judge shall be assigned all divorce, dissolution of	8060
marriage, legal separation, and annulment cases, all cases arising	8061
under Chapter 3111. of the Revised Code, all proceedings involving	8062
child support, the allocation of parental rights and	8063
responsibilities for the care of children and the designation for	8064
the children of a place of residence and legal custodian,	8065
parenting time, and visitation, and all post-decree proceedings	8066
and matters arising from those cases and proceedings, except in	8067
cases that for some special reason are assigned to another judge	8068
of the court of common pleas. The judge shall be charged with the	8069
assignment and division of the work of the division and with the	8070
employment and supervision of the personnel of the division.	8071

The judge shall designate the title, compensation, expense	8072
allowances, hours, leaves of absence, and vacations of the	8073
personnel of the division and shall fix the duties of the	8074
personnel of the division. The duties of the personnel, in	8075
addition to other statutory duties, include the handling,	8076
servicing, and investigation of divorce, dissolution of marriage,	8077
legal separation, and annulment cases, cases arising under Chapter	8078
3111. of the Revised Code, and proceedings involving child	8079
support, the allocation of parental rights and responsibilities	8080
for the care of children and the designation for the children of a	8081
place of residence and legal custodian, parenting time, and	8082
visitation, and providing counseling and conciliation services	8083
that the division makes available to persons, whether or not the	8084
persons are parties to an action pending in the division, who	8085
request the services.	8086

(V) In Fairfield county, the judge of the court of common	8087
pleas whose term begins January 2, 1995, and successors, shall	8088
have the same qualifications, exercise the same powers and	8089
jurisdiction, and receive the same compensation as the other	8090
judges of the court of common pleas of Fairfield county and shall	8091
be elected and designated as judge of the court of common pleas,	8092
division of domestic relations. The judge shall be assigned all	8093
divorce, dissolution of marriage, legal separation, and annulment	8094
cases, all cases arising under Chapter 3111. of the Revised Code,	8095
all proceedings involving child support, the allocation of	8096
parental rights and responsibilities for the care of children and	8097
the designation for the children of a place of residence and legal	8098
custodian, parenting time, and visitation, and all post-decree	8099
proceedings and matters arising from those cases and proceedings,	8100
except in cases that for some special reason are assigned to	8101
another judge of the court of common pleas. The judge also has	8102
concurrent jurisdiction with the probate-juvenile division of the	8103
court of common pleas of Fairfield county with respect to and may	8104
hear cases to determine the custody of a child, as defined in	8105
section ~~2151.011~~2151.03 of the Revised Code, who is not the ward	8106
of another court of this state, cases that are commenced by a	8107
parent, guardian, or custodian of a child, as defined in section	8108
~~2151.011~~2151.03 of the Revised Code, to obtain an order requiring	8109
a parent of the child to pay child support for that child when the	8110
request for that order is not ancillary to an action for divorce,	8111
dissolution of marriage, annulment, or legal separation, a	8112
criminal or civil action involving an allegation of domestic	8113
violence, an action for support under Chapter 3115. of the Revised	8114
Code, or an action that is within the exclusive original	8115
jurisdiction of the probate-juvenile division of the court of	8116
common pleas of Fairfield county and that involves an allegation	8117
that the child is ~~an abused, neglected, or dependent~~a child in	8118
need of protective services, and post-decree proceedings and	8119
matters arising from those types of cases.	8120

The judge of the domestic relations division shall be charged	8121
with the assignment and division of the work of the division and	8122
with the employment and supervision of the personnel of the	8123
division.	8124

The judge shall designate the title, compensation, expense	8125
allowances, hours, leaves of absence, and vacations of the	8126
personnel of the division and shall fix the duties of the	8127
personnel of the division. The duties of the personnel of the	8128
division, in addition to other statutory duties, shall include the	8129
handling, servicing, and investigation of divorce, dissolution of	8130
marriage, legal separation, and annulment cases, cases arising	8131
under Chapter 3111. of the Revised Code, and proceedings involving	8132
child support, the allocation of parental rights and	8133
responsibilities for the care of children and the designation for	8134
the children of a place of residence and legal custodian,	8135
parenting time, and visitation, and providing any counseling and	8136
conciliation services that the division makes available to	8137
persons, regardless of whether the persons are parties to an	8138
action pending in the division, who request the services. When the	8139
judge hears a case to determine the custody of a child, as defined	8140
in section ~~2151.011~~2151.03 of the Revised Code, who is not the	8141
ward of another court of this state or a case that is commenced	8142
by a parent, guardian, or custodian of a child, as defined in	8143
section ~~2151.011~~2151.03 of the Revised Code, to obtain an order	8144
requiring a parent of the child to pay child support for that	8145
child when the request for that order is not ancillary to an	8146
action for divorce, dissolution of marriage, annulment, or legal	8147
separation, a criminal or civil action involving an allegation of	8148
domestic violence, an action for support under Chapter 3115. of	8149
the Revised Code, or an action that is within the exclusive	8150
original jurisdiction of the probate-juvenile division of the	8151
court of common pleas of Fairfield county and that involves an	8152
allegation that the child is ~~an abused, neglected, or dependent~~a	8153
child in need of protective services, the duties of the personnel	8154
of the domestic relations division also include the handling,	8155
servicing, and investigation of those types of cases.	8156

(W)(1) In Clark county, the judge of the court of common	8157
pleas whose term begins on January 2, 1995, and successors, shall	8158
have the same qualifications, exercise the same powers and	8159
jurisdiction, and receive the same compensation as other judges of	8160
the court of common pleas of Clark county and shall be elected and	8161
designated as judge of the court of common pleas, domestic	8162
relations division. The judge shall have all the powers relating	8163
to juvenile courts, and all cases under Chapters 2151. and 2152.	8164
of the Revised Code and all parentage proceedings under Chapter	8165
3111. of the Revised Code over which the juvenile court has	8166
jurisdiction shall be assigned to the judge of the division of	8167
domestic relations. All divorce, dissolution of marriage, legal	8168
separation, annulment, uniform reciprocal support enforcement, and	8169
other cases related to domestic relations shall be assigned to the	8170
domestic relations division, and the presiding judge of the court	8171
of common pleas shall assign the cases to the judge of the	8172
domestic relations division and the judges of the general	8173
division.	8174

(2) In addition to the judge's regular duties, the judge of	8175
the division of domestic relations shall serve on the children	8176
services board and the county advisory board.	8177

(3) If the judge of the court of common pleas of Clark	8178
county, division of domestic relations, is sick, absent, or unable	8179
to perform that judge's judicial duties or if the presiding judge	8180
of the court of common pleas of Clark county determines that the	8181
volume of cases pending in the division of domestic relations	8182
necessitates it, the duties of the judge of the division of	8183
domestic relations shall be performed by the judges of the general	8184
division or probate division of the court of common pleas of Clark	8185
county, as assigned for that purpose by the presiding judge of	8186
that court, and the judges so assigned shall act in conjunction	8187
with the judge of the division of domestic relations of that	8188
court.	8189

(X) In Scioto county, the judge of the court of common pleas	8190
whose term begins January 2, 1995, and successors, shall have the	8191
same qualifications, exercise the same powers and jurisdiction,	8192
and receive the same compensation as other judges of the court of	8193
common pleas of Scioto county and shall be elected and designated	8194
as judge of the court of common pleas, division of domestic	8195
relations. The judge shall be assigned all divorce, dissolution of	8196
marriage, legal separation, and annulment cases, all cases arising	8197
under Chapter 3111. of the Revised Code, all proceedings involving	8198
child support, the allocation of parental rights and	8199
responsibilities for the care of children and the designation for	8200
the children of a place of residence and legal custodian,	8201
parenting time, visitation, and all post-decree proceedings and	8202
matters arising from those cases and proceedings, except in cases	8203
that for some special reason are assigned to another judge of the	8204
court of common pleas. The judge shall be charged with the	8205
assignment and division of the work of the division and with the	8206
employment and supervision of the personnel of the division.	8207

The judge shall designate the title, compensation, expense	8208
allowances, hours, leaves of absence, and vacations of the	8209
personnel of the division and shall fix the duties of the	8210
personnel of the division. The duties of the personnel, in	8211
addition to other statutory duties, include the handling,	8212
servicing, and investigation of divorce, dissolution of marriage,	8213
legal separation, and annulment cases, cases arising under Chapter	8214
3111. of the Revised Code, and proceedings involving child	8215
support, the allocation of parental rights and responsibilities	8216
for the care of children and the designation for the children of a	8217
place of residence and legal custodian, parenting time, and	8218
visitation, and providing counseling and conciliation services	8219
that the division makes available to persons, whether or not the	8220
persons are parties to an action pending in the division, who	8221
request the services.	8222

(Y) In Auglaize county, the judge of the probate and juvenile	8223
divisions of the Auglaize county court of common pleas also shall	8224
be the administrative judge of the domestic relations division of	8225
the court and shall be assigned all divorce, dissolution of	8226
marriage, legal separation, and annulment cases coming before the	8227
court. The judge shall have all powers as administrator of the	8228
domestic relations division and shall have charge of the personnel	8229
engaged in handling, servicing, or investigating divorce,	8230
dissolution of marriage, legal separation, and annulment cases,	8231
including any referees considered necessary for the discharge of	8232
the judge's various duties.	8233

(Z)(1) In Marion county, the judge of the court of common	8234
pleas whose term begins on February 9, 1999, and the successors to	8235
that judge, shall have the same qualifications, exercise the same	8236
powers and jurisdiction, and receive the same compensation as the	8237
other judges of the court of common pleas of Marion county and	8238
shall be elected and designated as judge of the court of common	8239
pleas, domestic relations-juvenile-probate division. Except as	8240
otherwise specified in this division, that judge, and the	8241
successors to that judge, shall have all the powers relating to	8242
juvenile courts, and all cases under Chapters 2151. and 2152. of	8243
the Revised Code, all cases arising under Chapter 3111. of the	8244
Revised Code, all divorce, dissolution of marriage, legal	8245
separation, and annulment cases, all proceedings involving child	8246
support, the allocation of parental rights and responsibilities	8247
for the care of children and the designation for the children of a	8248
place of residence and legal custodian, parenting time, and	8249
visitation, and all post-decree proceedings and matters arising	8250
from those cases and proceedings shall be assigned to that judge	8251
and the successors to that judge. Except as provided in division	8252
(Z)(2) of this section and notwithstanding any other provision of	8253
any section of the Revised Code, on and after February 9, 2003,	8254
the judge of the court of common pleas of Marion county whose term	8255
begins on February 9, 1999, and the successors to that judge,	8256
shall have all the powers relating to the probate division of the	8257
court of common pleas of Marion county in addition to the powers	8258
previously specified in this division, and shall exercise	8259
concurrent jurisdiction with the judge of the probate division of	8260
that court over all matters that are within the jurisdiction of	8261
the probate division of that court under Chapter 2101., and other	8262
provisions, of the Revised Code in addition to the jurisdiction of	8263
the domestic relations-juvenile-probate division of that court	8264
otherwise specified in division (Z)(1) of this section.	8265

(2) The judge of the domestic relations-juvenile-probate	8266
division of the court of common pleas of Marion county or the	8267
judge of the probate division of the court of common pleas of	8268
Marion county, whichever of those judges is senior in total length	8269
of service on the court of common pleas of Marion county,	8270
regardless of the division or divisions of service, shall serve as	8271
the clerk of the probate division of the court of common pleas of	8272
Marion county.	8273

(3) On and after February 9, 2003, all references in law to	8274
"the probate court," "the probate judge," "the juvenile court," or	8275
"the judge of the juvenile court" shall be construed, with respect	8276
to Marion county, as being references to both "the probate	8277
division" and "the domestic relations-juvenile-probate division"	8278
and as being references to both "the judge of the probate	8279
division" and "the judge of the domestic relations-	8280
juvenile-probate division." On and after February 9, 2003, all	8281
references in law to "the clerk of the probate court" shall be	8282
construed, with respect to Marion county, as being references to	8283
the judge who is serving pursuant to division (Z)(2) of this	8284
section as the clerk of the probate division of the court of	8285
common pleas of Marion county.	8286

(AA) In Muskingum county, the judge of the court of common	8287
pleas whose term begins on January 2, 2003, and successors, shall	8288
have the same qualifications, exercise the same powers and	8289
jurisdiction, and receive the same compensation as the other	8290
judges of the court of common pleas of Muskingum county and shall	8291
be elected and designated as the judge of the court of common	8292
pleas, division of domestic relations. The judge shall be assigned	8293
all divorce, dissolution of marriage, legal separation, and	8294
annulment cases, all cases arising under Chapter 3111. of the	8295
Revised Code, all proceedings involving child support, the	8296
allocation of parental rights and responsibilities for the care of	8297
children and the designation for the children of a place of	8298
residence and legal custodian, parenting time, and visitation, and	8299
all post-decree proceedings and matters arising from those cases	8300
and proceedings, except in cases that for some special reason are	8301
assigned to another judge of the court of common pleas. The judge	8302
shall be charged with the assignment and division of the work of	8303
the division and with the employment and supervision of the	8304
personnel of the division.	8305

The judge shall designate the title, compensation, expense	8306
allowances, hours, leaves of absence, and vacations of the	8307
personnel of the division and shall fix the duties of the	8308
personnel of the division. The duties of the personnel of the	8309
division, in addition to other statutory duties, shall include the	8310
handling, servicing, and investigation of divorce, dissolution of	8311
marriage, legal separation, and annulment cases, cases arising	8312
under Chapter 3111. of the Revised Code, and proceedings involving	8313
child support, the allocation of parental rights and	8314
responsibilities for the care of children and the designation for	8315
the children of a place of residence and legal custodian,	8316
parenting time, and visitation and providing any counseling and	8317
conciliation services that the division makes available to	8318
persons, whether or not the persons are parties to an action	8319
pending in the division, who request the services.	8320

(BB) In Henry county, the judge of the court of common pleas	8321
whose term begins on January 1, 2005, and successors, shall have	8322
the same qualifications, exercise the same powers and	8323
jurisdiction, and receive the same compensation as the other judge	8324
of the court of common pleas of Henry county and shall be elected	8325
and designated as the judge of the court of common pleas, division	8326
of domestic relations. The judge shall have all of the powers	8327
relating to juvenile courts, and all cases under Chapter 2151. or	8328
2152. of the Revised Code, all parentage proceedings arising under	8329
Chapter 3111. of the Revised Code over which the juvenile court	8330
has jurisdiction, all divorce, dissolution of marriage, legal	8331
separation, and annulment cases, all proceedings involving child	8332
support, the allocation of parental rights and responsibilities	8333
for the care of children and the designation for the children of a	8334
place of residence and legal custodian, parenting time, and	8335
visitation, and all post-decree proceedings and matters arising	8336
from those cases and proceedings shall be assigned to that judge,	8337
except in cases that for some special reason are assigned to the	8338
other judge of the court of common pleas.	8339

(CC)(1) In Logan county, the judge of the court of common	8340
pleas whose term begins January 2, 2005, and the successors to	8341
that judge, shall have the same qualifications, exercise the same	8342
powers and jurisdiction, and receive the same compensation as the	8343
other judges of the court of common pleas of Logan county and	8344
shall be elected and designated as judge of the court of common	8345
pleas, domestic relations-juvenile-probate division. Except as	8346
otherwise specified in this division, that judge, and the	8347
successors to that judge, shall have all the powers relating to	8348
juvenile courts, and all cases under Chapters 2151. and 2152. of	8349
the Revised Code, all cases arising under Chapter 3111. of the	8350
Revised Code, all divorce, dissolution of marriage, legal	8351
separation, and annulment cases, all proceedings involving child	8352
support, the allocation of parental rights and responsibilities	8353
for the care of children and designation for the children of a	8354
place of residence and legal custodian, parenting time, and	8355
visitation, and all post-decree proceedings and matters arising	8356
from those cases and proceedings shall be assigned to that judge	8357
and the successors to that judge. Notwithstanding any other	8358
provision of any section of the Revised Code, on and after January	8359
2, 2005, the judge of the court of common pleas of Logan county	8360
whose term begins on January 2, 2005, and the successors to that	8361
judge, shall have all the powers relating to the probate division	8362
of the court of common pleas of Logan county in addition to the	8363
powers previously specified in this division and shall exercise	8364
concurrent jurisdiction with the judge of the probate division of	8365
that court over all matters that are within the jurisdiction of	8366
the probate division of that court under Chapter 2101., and other	8367
provisions, of the Revised Code in addition to the jurisdiction of	8368
the domestic relations-juvenile-probate division of that court	8369
otherwise specified in division (CC)(1) of this section.	8370

(2) The judge of the domestic relations-juvenile-probate	8371
division of the court of common pleas of Logan county or the	8372
probate judge of the court of common pleas of Logan county who is	8373
elected as the administrative judge of the probate division of the	8374
court of common pleas of Logan county pursuant to Rule 4 of the	8375
Rules of Superintendence shall be the clerk of the probate	8376
division and juvenile division of the court of common pleas of	8377
Logan county. The clerk of the court of common pleas who is	8378
elected pursuant to section 2303.01 of the Revised Code shall keep	8379
all of the journals, records, books, papers, and files pertaining	8380
to the domestic relations cases.	8381

(3) On and after January 2, 2005, all references in law to	8382
"the probate court," "the probate judge," "the juvenile court," or	8383
"the judge of the juvenile court" shall be construed, with respect	8384
to Logan county, as being references to both "the probate	8385
division" and the "domestic relations-juvenile-probate division"	8386
and as being references to both "the judge of the probate	8387
division" and the "judge of the domestic	8388
relations-juvenile-probate division." On and after January 2,	8389
2005, all references in law to "the clerk of the probate court"	8390
shall be construed, with respect to Logan county, as being	8391
references to the judge who is serving pursuant to division	8392
(CC)(2) of this section as the clerk of the probate division of	8393
the court of common pleas of Logan county.	8394

(DD)(1) In Champaign county, the judge of the court of common	8395
pleas whose term begins February 9, 2003, and the judge of the	8396
court of common pleas whose term begins February 10, 2009, and the	8397
successors to those judges, shall have the same qualifications,	8398
exercise the same powers and jurisdiction, and receive the same	8399
compensation as the other judges of the court of common pleas of	8400
Champaign county and shall be elected and designated as judges of	8401
the court of common pleas, domestic relations-juvenile-probate	8402
division. Except as otherwise specified in this division, those	8403
judges, and the successors to those judges, shall have all the	8404
powers relating to juvenile courts, and all cases under Chapters	8405
2151. and 2152. of the Revised Code, all cases arising under	8406
Chapter 3111. of the Revised Code, all divorce, dissolution of	8407
marriage, legal separation, and annulment cases, all proceedings	8408
involving child support, the allocation of parental rights and	8409
responsibilities for the care of children and the designation for	8410
the children of a place of residence and legal custodian,	8411
parenting time, and visitation, and all post-decree proceedings	8412
and matters arising from those cases and proceedings shall be	8413
assigned to those judges and the successors to those judges.	8414
Notwithstanding any other provision of any section of the Revised	8415
Code, on and after February 9, 2009, the judges designated by this	8416
division as judges of the court of common pleas of Champaign	8417
county, domestic relations-juvenile-probate division, and the	8418
successors to those judges, shall have all the powers relating to	8419
probate courts in addition to the powers previously specified in	8420
this division and shall exercise jurisdiction over all matters	8421
that are within the jurisdiction of probate courts under Chapter	8422
2101., and other provisions, of the Revised Code in addition to	8423
the jurisdiction of the domestic relations-juvenile-probate	8424
division otherwise specified in division (DD)(1) of this section.	8425

(2) On and after February 9, 2009, all references in law to	8426
"the probate court," "the probate judge," "the juvenile court," or	8427
"the judge of the juvenile court" shall be construed with respect	8428
to Champaign county as being references to the "domestic	8429
relations-juvenile-probate division" and as being references to	8430
the "judge of the domestic relations-juvenile-probate division."	8431
On and after February 9, 2009, all references in law to "the clerk	8432
of the probate court" shall be construed with respect to Champaign	8433
county as being references to the judge who is serving pursuant to	8434
Rule 4 of the Rules of Superintendence for the Courts of Ohio as	8435
the administrative judge of the court of common pleas, domestic	8436
relations-juvenile-probate division.	8437

(EE) If a judge of the court of common pleas, division of	8438
domestic relations, or juvenile judge, of any of the counties	8439
mentioned in this section is sick, absent, or unable to perform	8440
that judge's judicial duties or the volume of cases pending in the	8441
judge's division necessitates it, the duties of that judge shall	8442
be performed by another judge of the court of common pleas of that	8443
county, assigned for that purpose by the presiding judge of the	8444
court of common pleas of that county to act in place of or in	8445
conjunction with that judge, as the case may require.	8446

Sec. 2317.01. All persons are competent witnesses except	8447
those of unsound mind and children under ten years of age who	8448
appear incapable of receiving just impressions of the facts and	8449
transactions respecting which they are examined, or of relating	8450
them truly.	8451

In a hearing in ~~an abuse, neglect, or dependency~~a child in	8452
need of protective services case, any examination made by the	8453
court to determine whether a child is a competent witness shall be	8454
conducted by the court in an office or room other than a courtroom	8455
or hearing room, shall be conducted in the presence of only those	8456
individuals considered necessary by the court for the conduct of	8457
the examination or the well-being of the child, and shall be	8458
conducted with a court reporter present. The court may allow the	8459
prosecutor, guardian ad litem, or attorney for any party to submit	8460
questions for use by the court in determining whether the child is	8461
a competent witness.	8462

Sec. 2317.02. The following persons shall not testify in	8463
certain respects:	8464

(A)(1) An attorney, concerning a communication made to the	8465
attorney by a client in that relation or the attorney's advice to	8466
a client, except that the attorney may testify by express consent	8467
of the client or, if the client is deceased, by the express	8468
consent of the surviving spouse or the executor or administrator	8469
of the estate of the deceased client. However, if the client	8470
voluntarily testifies or is deemed by section 2151.421 of the	8471
Revised Code to have waived any testimonial privilege under this	8472
division, the attorney may be compelled to testify on the same	8473
subject.	8474

The testimonial privilege established under this division	8475
does not apply concerning a communication between a client who has	8476
since died and the deceased client's attorney if the communication	8477
is relevant to a dispute between parties who claim through that	8478
deceased client, regardless of whether the claims are by testate	8479
or intestate succession or by inter vivos transaction, and the	8480
dispute addresses the competency of the deceased client when the	8481
deceased client executed a document that is the basis of the	8482
dispute or whether the deceased client was a victim of fraud,	8483
undue influence, or duress when the deceased client executed a	8484
document that is the basis of the dispute.	8485

(2) An attorney, concerning a communication made to the	8486
attorney by a client in that relationship or the attorney's advice	8487
to a client, except that if the client is an insurance company,	8488
the attorney may be compelled to testify, subject to an in camera	8489
inspection by a court, about communications made by the client to	8490
the attorney or by the attorney to the client that are related to	8491
the attorney's aiding or furthering an ongoing or future	8492
commission of bad faith by the client, if the party seeking	8493
disclosure of the communications has made a prima facie showing of	8494
bad faith, fraud, or criminal misconduct by the client.	8495

(B)(1) A physician or a dentist concerning a communication	8496
made to the physician or dentist by a patient in that relation or	8497
the physician's or dentist's advice to a patient, except as	8498
otherwise provided in this division, division (B)(2), and division	8499
(B)(3) of this section, and except that, if the patient is deemed	8500
by section 2151.421 of the Revised Code to have waived any	8501
testimonial privilege under this division, the physician may be	8502
compelled to testify on the same subject.	8503

The testimonial privilege established under this division	8504
does not apply, and a physician or dentist may testify or may be	8505
compelled to testify, in any of the following circumstances:	8506

(a) In any civil action, in accordance with the discovery	8507
provisions of the Rules of Civil Procedure in connection with a	8508
civil action, or in connection with a claim under Chapter 4123. of	8509
the Revised Code, under any of the following circumstances:	8510

(i) If the patient or the guardian or other legal	8511
representative of the patient gives express consent;	8512

(ii) If the patient is deceased, the spouse of the patient or	8513
the executor or administrator of the patient's estate gives	8514
express consent;	8515

(iii) If a medical claim, dental claim, chiropractic claim,	8516
or optometric claim, as defined in section 2305.113 of the Revised	8517
Code, an action for wrongful death, any other type of civil	8518
action, or a claim under Chapter 4123. of the Revised Code is	8519
filed by the patient, the personal representative of the estate of	8520
the patient if deceased, or the patient's guardian or other legal	8521
representative.	8522

(b) In any civil action concerning court-ordered treatment or	8523
services received by a patient, if the court-ordered treatment or	8524
services were ordered as part of a case plan journalized under	8525
section 2151.412 of the Revised Code or the court-ordered	8526
treatment or services are necessary or relevant to ~~dependency,~~	8527
~~neglect, or abuse~~child in need of protective services proceedings	8528
or temporary or permanent custody proceedings under Chapter 2151.	8529
of the Revised Code.	8530

(c) In any criminal action concerning any test or the results	8531
of any test that determines the presence or concentration of	8532
alcohol, a drug of abuse, a combination of them, a controlled	8533
substance, or a metabolite of a controlled substance in the	8534
patient's whole blood, blood serum or plasma, breath, urine, or	8535
other bodily substance at any time relevant to the criminal	8536
offense in question.	8537

(d) In any criminal action against a physician or dentist. In	8538
such an action, the testimonial privilege established under this	8539
division does not prohibit the admission into evidence, in	8540
accordance with the Rules of Evidence, of a patient's medical or	8541
dental records or other communications between a patient and the	8542
physician or dentist that are related to the action and obtained	8543
by subpoena, search warrant, or other lawful means. A court that	8544
permits or compels a physician or dentist to testify in such an	8545
action or permits the introduction into evidence of patient	8546
records or other communications in such an action shall require	8547
that appropriate measures be taken to ensure that the	8548
confidentiality of any patient named or otherwise identified in	8549
the records is maintained. Measures to ensure confidentiality that	8550
may be taken by the court include sealing its records or deleting	8551
specific information from its records.	8552

(e)(i) If the communication was between a patient who has	8553
since died and the deceased patient's physician or dentist, the	8554
communication is relevant to a dispute between parties who claim	8555
through that deceased patient, regardless of whether the claims	8556
are by testate or intestate succession or by inter vivos	8557
transaction, and the dispute addresses the competency of the	8558
deceased patient when the deceased patient executed a document	8559
that is the basis of the dispute or whether the deceased patient	8560
was a victim of fraud, undue influence, or duress when the	8561
deceased patient executed a document that is the basis of the	8562
dispute.	8563

(ii) If neither the spouse of a patient nor the executor or	8564
administrator of that patient's estate gives consent under	8565
division (B)(1)(a)(ii) of this section, testimony or the	8566
disclosure of the patient's medical records by a physician,	8567
dentist, or other health care provider under division (B)(1)(e)(i)	8568
of this section is a permitted use or disclosure of protected	8569
health information, as defined in 45 C.F.R. 160.103, and an	8570
authorization or opportunity to be heard shall not be required.	8571

(iii) Division (B)(1)(e)(i) of this section does not require	8572
a mental health professional to disclose psychotherapy notes, as	8573
defined in 45 C.F.R. 164.501.	8574

(iv) An interested person who objects to testimony or	8575
disclosure under division (B)(1)(e)(i) of this section may seek a	8576
protective order pursuant to Civil Rule 26.	8577

(v) A person to whom protected health information is	8578
disclosed under division (B)(1)(e)(i) of this section shall not	8579
use or disclose the protected health information for any purpose	8580
other than the litigation or proceeding for which the information	8581
was requested and shall return the protected health information to	8582
the covered entity or destroy the protected health information,	8583
including all copies made, at the conclusion of the litigation or	8584
proceeding.	8585

(2)(a) If any law enforcement officer submits a written	8586
statement to a health care provider that states that an official	8587
criminal investigation has begun regarding a specified person or	8588
that a criminal action or proceeding has been commenced against a	8589
specified person, that requests the provider to supply to the	8590
officer copies of any records the provider possesses that pertain	8591
to any test or the results of any test administered to the	8592
specified person to determine the presence or concentration of	8593
alcohol, a drug of abuse, a combination of them, a controlled	8594
substance, or a metabolite of a controlled substance in the	8595
person's whole blood, blood serum or plasma, breath, or urine at	8596
any time relevant to the criminal offense in question, and that	8597
conforms to section 2317.022 of the Revised Code, the provider,	8598
except to the extent specifically prohibited by any law of this	8599
state or of the United States, shall supply to the officer a copy	8600
of any of the requested records the provider possesses. If the	8601
health care provider does not possess any of the requested	8602
records, the provider shall give the officer a written statement	8603
that indicates that the provider does not possess any of the	8604
requested records.	8605

(b) If a health care provider possesses any records of the	8606
type described in division (B)(2)(a) of this section regarding the	8607
person in question at any time relevant to the criminal offense in	8608
question, in lieu of personally testifying as to the results of	8609
the test in question, the custodian of the records may submit a	8610
certified copy of the records, and, upon its submission, the	8611
certified copy is qualified as authentic evidence and may be	8612
admitted as evidence in accordance with the Rules of Evidence.	8613
Division (A) of section 2317.422 of the Revised Code does not	8614
apply to any certified copy of records submitted in accordance	8615
with this division. Nothing in this division shall be construed to	8616
limit the right of any party to call as a witness the person who	8617
administered the test to which the records pertain, the person	8618
under whose supervision the test was administered, the custodian	8619
of the records, the person who made the records, or the person	8620
under whose supervision the records were made.	8621

(3)(a) If the testimonial privilege described in division	8622
(B)(1) of this section does not apply as provided in division	8623
(B)(1)(a)(iii) of this section, a physician or dentist may be	8624
compelled to testify or to submit to discovery under the Rules of	8625
Civil Procedure only as to a communication made to the physician	8626
or dentist by the patient in question in that relation, or the	8627
physician's or dentist's advice to the patient in question, that	8628
related causally or historically to physical or mental injuries	8629
that are relevant to issues in the medical claim, dental claim,	8630
chiropractic claim, or optometric claim, action for wrongful	8631
death, other civil action, or claim under Chapter 4123. of the	8632
Revised Code.	8633

(b) If the testimonial privilege described in division (B)(1)	8634
of this section does not apply to a physician or dentist as	8635
provided in division (B)(1)(c) of this section, the physician or	8636
dentist, in lieu of personally testifying as to the results of the	8637
test in question, may submit a certified copy of those results,	8638
and, upon its submission, the certified copy is qualified as	8639
authentic evidence and may be admitted as evidence in accordance	8640
with the Rules of Evidence. Division (A) of section 2317.422 of	8641
the Revised Code does not apply to any certified copy of results	8642
submitted in accordance with this division. Nothing in this	8643
division shall be construed to limit the right of any party to	8644
call as a witness the person who administered the test in	8645
question, the person under whose supervision the test was	8646
administered, the custodian of the results of the test, the person	8647
who compiled the results, or the person under whose supervision	8648
the results were compiled.	8649

(4) The testimonial privilege described in division (B)(1) of	8650
this section is not waived when a communication is made by a	8651
physician to a pharmacist or when there is communication between a	8652
patient and a pharmacist in furtherance of the physician-patient	8653
relation.	8654

(5)(a) As used in divisions (B)(1) to (4) of this section,	8655
"communication" means acquiring, recording, or transmitting any	8656
information, in any manner, concerning any facts, opinions, or	8657
statements necessary to enable a physician or dentist to diagnose,	8658
treat, prescribe, or act for a patient. A "communication" may	8659
include, but is not limited to, any medical or dental, office, or	8660
hospital communication such as a record, chart, letter,	8661
memorandum, laboratory test and results, x-ray, photograph,	8662
financial statement, diagnosis, or prognosis.	8663

(b) As used in division (B)(2) of this section, "health care	8664
provider" means a hospital, ambulatory care facility, long-term	8665
care facility, pharmacy, emergency facility, or health care	8666
practitioner.	8667

8668

(i) "Ambulatory care facility" means a facility that provides	8669
medical, diagnostic, or surgical treatment to patients who do not	8670
require hospitalization, including a dialysis center, ambulatory	8671
surgical facility, cardiac catheterization facility, diagnostic	8672
imaging center, extracorporeal shock wave lithotripsy center, home	8673
health agency, inpatient hospice, birthing center, radiation	8674
therapy center, emergency facility, and an urgent care center.	8675
"Ambulatory health care facility" does not include the private	8676
office of a physician or dentist, whether the office is for an	8677
individual or group practice.	8678

(ii) "Emergency facility" means a hospital emergency	8679
department or any other facility that provides emergency medical	8680
services.	8681

(iii) "Health care practitioner" has the same meaning as in	8682
section 4769.01 of the Revised Code.	8683

(iv) "Hospital" has the same meaning as in section 3727.01 of	8684
the Revised Code.	8685

(v) "Long-term care facility" means a nursing home,	8686
residential care facility, or home for the aging, as those terms	8687
are defined in section 3721.01 of the Revised Code; an adult care	8688
facility, as defined in section 3722.01 of the Revised Code; a	8689
nursing facility or intermediate care facility for the mentally	8690
retarded, as those terms are defined in section 5111.20 of the	8691
Revised Code; a facility or portion of a facility certified as a	8692
skilled nursing facility under Title XVIII of the "Social Security	8693
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	8694

(vi) "Pharmacy" has the same meaning as in section 4729.01 of	8695
the Revised Code.	8696

(d) As used in divisions (B)(1) and (2) of this section,	8697
"drug of abuse" has the same meaning as in section 4506.01 of the	8698
Revised Code.	8699

(6) Divisions (B)(1), (2), (3), (4), and (5) of this section	8700
apply to doctors of medicine, doctors of osteopathic medicine,	8701
doctors of podiatry, and dentists.	8702

(7) Nothing in divisions (B)(1) to (6) of this section	8703
affects, or shall be construed as affecting, the immunity from	8704
civil liability conferred by section 307.628 of the Revised Code	8705
or the immunity from civil liability conferred by section 2305.33	8706
of the Revised Code upon physicians who report an employee's use	8707
of a drug of abuse, or a condition of an employee other than one	8708
involving the use of a drug of abuse, to the employer of the	8709
employee in accordance with division (B) of that section. As used	8710
in division (B)(7) of this section, "employee," "employer," and	8711
"physician" have the same meanings as in section 2305.33 of the	8712
Revised Code.	8713

(C)(1) A cleric, when the cleric remains accountable to the	8714
authority of that cleric's church, denomination, or sect,	8715
concerning a confession made, or any information confidentially	8716
communicated, to the cleric for a religious counseling purpose in	8717
the cleric's professional character. The cleric may testify by	8718
express consent of the person making the communication, except	8719
when the disclosure of the information is in violation of a sacred	8720
trust and except that, if the person voluntarily testifies or is	8721
deemed by division (A)(4)(c) of section 2151.421 of the Revised	8722
Code to have waived any testimonial privilege under this division,	8723
the cleric may be compelled to testify on the same subject except	8724
when disclosure of the information is in violation of a sacred	8725
trust.	8726

(2) As used in division (C) of this section:

8727

(a) "Cleric" means a member of the clergy, rabbi, priest,	8728
Christian Science practitioner, or regularly ordained, accredited,	8729
or licensed minister of an established and legally cognizable	8730
church, denomination, or sect.	8731

(b) "Sacred trust" means a confession or confidential	8732
communication made to a cleric in the cleric's ecclesiastical	8733
capacity in the course of discipline enjoined by the church to	8734
which the cleric belongs, including, but not limited to, the	8735
Catholic Church, if both of the following apply:	8736

(i) The confession or confidential communication was made	8737
directly to the cleric.	8738

(ii) The confession or confidential communication was made in	8739
the manner and context that places the cleric specifically and	8740
strictly under a level of confidentiality that is considered	8741
inviolate by canon law or church doctrine.	8742

(D) Husband or wife, concerning any communication made by one	8743
to the other, or an act done by either in the presence of the	8744
other, during coverture, unless the communication was made, or act	8745
done, in the known presence or hearing of a third person competent	8746
to be a witness; and such rule is the same if the marital relation	8747
has ceased to exist;	8748

(E) A person who assigns a claim or interest, concerning any	8749
matter in respect to which the person would not, if a party, be	8750
permitted to testify;	8751

(F) A person who, if a party, would be restricted under	8752
section 2317.03 of the Revised Code, when the property or thing is	8753
sold or transferred by an executor, administrator, guardian,	8754
trustee, heir, devisee, or legatee, shall be restricted in the	8755
same manner in any action or proceeding concerning the property or	8756
thing.	8757

(G)(1) A school guidance counselor who holds a valid educator	8758
license from the state board of education as provided for in	8759
section 3319.22 of the Revised Code, a person licensed under	8760
Chapter 4757. of the Revised Code as a professional clinical	8761
counselor, professional counselor, social worker, independent	8762
social worker, marriage and family therapist or independent	8763
marriage and family therapist, or registered under Chapter 4757.	8764
of the Revised Code as a social work assistant concerning a	8765
confidential communication received from a client in that relation	8766
or the person's advice to a client unless any of the following	8767
applies:	8768

(a) The communication or advice indicates clear and present	8769
danger to the client or other persons. For the purposes of this	8770
division, cases in which there are indications of ~~present or~~ past	8771
child abuse or neglect of the client or past or present acts or	8772
omissions in relation to the client that indicate that the client	8773
is or was a child in need of protective services constitute a	8774
clear and present danger.	8775

(b) The client gives express consent to the testimony.

8776

(c) If the client is deceased, the surviving spouse or the	8777
executor or administrator of the estate of the deceased client	8778
gives express consent.	8779

(d) The client voluntarily testifies, in which case the	8780
school guidance counselor or person licensed or registered under	8781
Chapter 4757. of the Revised Code may be compelled to testify on	8782
the same subject.	8783

(e) The court in camera determines that the information	8784
communicated by the client is not germane to the counselor-client,	8785
marriage and family therapist-client, or social worker-client	8786
relationship.	8787

(f) A court, in an action brought against a school, its	8788
administration, or any of its personnel by the client, rules after	8789
an in-camera inspection that the testimony of the school guidance	8790
counselor is relevant to that action.	8791

(g) The testimony is sought in a civil action and concerns	8792
court-ordered treatment or services received by a patient as part	8793
of a case plan journalized under section 2151.412 of the Revised	8794
Code or the court-ordered treatment or services are necessary or	8795
relevant to ~~dependency, neglect, or abuse~~child in need of	8796
protective services proceedings or temporary or permanent custody	8797
proceedings under Chapter 2151. of the Revised Code.	8798

(2) Nothing in division (G)(1) of this section shall relieve	8799
a school guidance counselor or a person licensed or registered	8800
under Chapter 4757. of the Revised Code from the requirement to	8801
report information concerning ~~child abuse or neglect~~acts or	8802
omissions that indicate that a child is in need of protective	8803
services under section 2151.421 of the Revised Code.	8804

(H) A mediator acting under a mediation order issued under	8805
division (A) of section 3109.052 of the Revised Code or otherwise	8806
issued in any proceeding for divorce, dissolution, legal	8807
separation, annulment, or the allocation of parental rights and	8808
responsibilities for the care of children, in any action or	8809
proceeding, other than a criminal,or delinquency~~, child abuse,~~	8810
~~child neglect, or dependent child~~ action or proceeding or an	8811
action or proceeding regarding a child in need of protective	8812
services, that is brought by or against either parent who takes	8813
part in mediation in accordance with the order and that pertains	8814
to the mediation process, to any information discussed or	8815
presented in the mediation process, to the allocation of parental	8816
rights and responsibilities for the care of the parents' children,	8817
or to the awarding of parenting time rights in relation to their	8818
children;	8819

(I) A communications assistant, acting within the scope of	8820
the communication assistant's authority, when providing	8821
telecommunications relay service pursuant to section 4931.35 of	8822
the Revised Code or Title II of the "Communications Act of 1934,"	8823
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication	8824
made through a telecommunications relay service. Nothing in this	8825
section shall limit the obligation of a communications assistant	8826
to divulge information or testify when mandated by federal law or	8827
regulation or pursuant to subpoena in a criminal proceeding.	8828

Nothing in this section shall limit any immunity or privilege	8829
granted under federal law or regulation.	8830

(J)(1) A chiropractor in a civil proceeding concerning a	8831
communication made to the chiropractor by a patient in that	8832
relation or the chiropractor's advice to a patient, except as	8833
otherwise provided in this division. The testimonial privilege	8834
established under this division does not apply, and a chiropractor	8835
may testify or may be compelled to testify, in any civil action,	8836
in accordance with the discovery provisions of the Rules of Civil	8837
Procedure in connection with a civil action, or in connection with	8838
a claim under Chapter 4123. of the Revised Code, under any of the	8839
following circumstances:	8840

(a) If the patient or the guardian or other legal	8841
representative of the patient gives express consent.	8842

(b) If the patient is deceased, the spouse of the patient or	8843
the executor or administrator of the patient's estate gives	8844
express consent.	8845

(c) If a medical claim, dental claim, chiropractic claim, or	8846
optometric claim, as defined in section 2305.113 of the Revised	8847
Code, an action for wrongful death, any other type of civil	8848
action, or a claim under Chapter 4123. of the Revised Code is	8849
filed by the patient, the personal representative of the estate of	8850
the patient if deceased, or the patient's guardian or other legal	8851
representative.	8852

(2) If the testimonial privilege described in division (J)(1)	8853
of this section does not apply as provided in division (J)(1)(c)	8854
of this section, a chiropractor may be compelled to testify or to	8855
submit to discovery under the Rules of Civil Procedure only as to	8856
a communication made to the chiropractor by the patient in	8857
question in that relation, or the chiropractor's advice to the	8858
patient in question, that related causally or historically to	8859
physical or mental injuries that are relevant to issues in the	8860
medical claim, dental claim, chiropractic claim, or optometric	8861
claim, action for wrongful death, other civil action, or claim	8862
under Chapter 4123. of the Revised Code.	8863

(3) The testimonial privilege established under this division	8864
does not apply, and a chiropractor may testify or be compelled to	8865
testify, in any criminal action or administrative proceeding.	8866

(4) As used in this division, "communication" means	8867
acquiring, recording, or transmitting any information, in any	8868
manner, concerning any facts, opinions, or statements necessary to	8869
enable a chiropractor to diagnose, treat, or act for a patient. A	8870
communication may include, but is not limited to, any	8871
chiropractic, office, or hospital communication such as a record,	8872
chart, letter, memorandum, laboratory test and results, x-ray,	8873
photograph, financial statement, diagnosis, or prognosis.	8874

(K)(1) Except as provided under division (K)(2) of this	8875
section, a critical incident stress management team member	8876
concerning a communication received from an individual who	8877
receives crisis response services from the team member, or the	8878
team member's advice to the individual, during a debriefing	8879
session.	8880

(2) The testimonial privilege established under division	8881
(K)(1) of this section does not apply if any of the following are	8882
true:	8883

(a) The communication or advice indicates clear and present	8884
danger to the individual who receives crisis response services or	8885
to other persons. For purposes of this division, cases in which	8886
there are indications of ~~present or~~ past child abuse or neglect of	8887
the individual and cases in which there are indications of past or	8888
present acts or omissions that indicate that a child is or was a	8889
child in need of protective services constitute a clear and	8890
present danger.	8891

(b) The individual who received crisis response services	8892
gives express consent to the testimony.	8893

(c) If the individual who received crisis response services	8894
is deceased, the surviving spouse or the executor or administrator	8895
of the estate of the deceased individual gives express consent.	8896

(d) The individual who received crisis response services	8897
voluntarily testifies, in which case the team member may be	8898
compelled to testify on the same subject.	8899

(e) The court in camera determines that the information	8900
communicated by the individual who received crisis response	8901
services is not germane to the relationship between the individual	8902
and the team member.	8903

(f) The communication or advice pertains or is related to any	8904
criminal act.	8905

(3) As used in division (K) of this section:

8906

(a) "Crisis response services" means consultation, risk	8907
assessment, referral, and on-site crisis intervention services	8908
provided by a critical incident stress management team to	8909
individuals affected by crisis or disaster.	8910

(b) "Critical incident stress management team member" or	8911
"team member" means an individual specially trained to provide	8912
crisis response services as a member of an organized community or	8913
local crisis response team that holds membership in the Ohio	8914
critical incident stress management network.	8915

(c) "Debriefing session" means a session at which crisis	8916
response services are rendered by a critical incident stress	8917
management team member during or after a crisis or disaster.	8918

(L)(1) Subject to division (L)(2) of this section and except	8919
as provided in division (L)(3) of this section, an employee	8920
assistance professional, concerning a communication made to the	8921
employee assistance professional by a client in the employee	8922
assistance professional's official capacity as an employee	8923
assistance professional.	8924

(2) Division (L)(1) of this section applies to an employee	8925
assistance professional who meets either or both of the following	8926
requirements:	8927

(a) Is certified by the employee assistance certification	8928
commission to engage in the employee assistance profession;	8929

(b) Has education, training, and experience in all of the	8930
following:	8931

(i) Providing workplace-based services designed to address	8932
employer and employee productivity issues;	8933

(ii) Providing assistance to employees and employees'	8934
dependents in identifying and finding the means to resolve	8935
personal problems that affect the employees or the employees'	8936
performance;	8937

(iii) Identifying and resolving productivity problems	8938
associated with an employee's concerns about any of the following	8939
matters: health, marriage, family, finances, substance abuse or	8940
other addiction, workplace, law, and emotional issues;	8941

(iv) Selecting and evaluating available community resources;

8942

(v) Making appropriate referrals;

8943

(vi) Local and national employee assistance agreements;

8944

(vii) Client confidentiality.

8945

(3) Division (L)(1) of this section does not apply to any of	8946
the following:	8947

(a) A criminal action or proceeding involving an offense	8948
under sections 2903.01 to 2903.06 of the Revised Code if the	8949
employee assistance professional's disclosure or testimony relates	8950
directly to the facts or immediate circumstances of the offense;	8951

(b) A communication made by a client to an employee	8952
assistance professional that reveals the contemplation or	8953
commission of a crime or serious, harmful act;	8954

(c) A communication that is made by a client who is an	8955
unemancipated minor or an adult adjudicated to be incompetent and	8956
indicates that the client was the victim of a crime or abuse or	8957
the victim of an act or omission that indicates that the	8958
unemancipated minor was a child in need of protective services;	8959

(d) A civil proceeding to determine an individual's mental	8960
competency or a criminal action in which a plea of not guilty by	8961
reason of insanity is entered;	8962

(e) A civil or criminal malpractice action brought against	8963
the employee assistance professional;	8964

(f) When the employee assistance professional has the express	8965
consent of the client or, if the client is deceased or disabled,	8966
the client's legal representative;	8967

(g) When the testimonial privilege otherwise provided by	8968
division (L)(1) of this section is abrogated under law.	8969

Sec. 2501.02. Each judge of a court of appeals shall have	8970
been admitted to practice as an attorney at law in this state and	8971
have, for a total of six years preceding the judge's appointment	8972
or commencement of the judge's term, engaged in the practice of	8973
law in this state or served as a judge of a court of record in any	8974
jurisdiction in the United States, or both. One judge shall be	8975
chosen in each court of appeals district every two years, and	8976
shall hold office for six years, beginning on the ninth day of	8977
February next after the judge's election.	8978

In addition to the original jurisdiction conferred by Section	8979
3 of Article IV, Ohio Constitution, the court shall have	8980
jurisdiction upon an appeal upon questions of law to review,	8981
affirm, modify, set aside, or reverse judgments or final orders of	8982
courts of record inferior to the court of appeals within the	8983
district, including the finding, order, or judgment of a juvenile	8984
court that a child is delinquent~~, neglected, abused, or dependent~~	8985
or is a child in need of protective services, for prejudicial	8986
error committed by such lower court.	8987

The court, on good cause shown, may issue writs of	8988
supersedeas in any case, and all other writs, not specially	8989
provided for or prohibited by statute, necessary to enforce the	8990
administration of justice.	8991

Sec. 2710.05. (A) There is no privilege under section	8992
2710.03 of the Revised Code for a mediation communication to which	8993
any of the following applies:	8994

(1) The mediation communication is contained in a written	8995
agreement evidenced by a record signed by all parties to the	8996
agreement.	8997

(2) The mediation communication is available to the public	8998
under section 149.43 of the Revised Code or made during a session	8999
of a mediation that is open, or is required by law to be open, to	9000
the public;	9001

(3) The mediation communication is an imminent threat or	9002
statement of a plan to inflict bodily injury or commit a crime of	9003
violence.	9004

(4) The mediation communication is intentionally used to	9005
plan, attempt to commit, or commit a crime or to conceal an	9006
ongoing crime or ongoing criminal activity.	9007

(5) The mediation communication is sought or offered to prove	9008
or disprove a claim or complaint of professional misconduct or	9009
malpractice filed against a mediator.	9010

(6) Except as otherwise provided in division (C) of this	9011
section, the mediation communication is sought or offered to prove	9012
or disprove a claim or complaint of professional misconduct or	9013
malpractice filed against a mediation party, nonparty participant,	9014
or representative of a party based on conduct occurring during a	9015
mediation.	9016

(7) Except as provided in sections 2317.02 and 3109.052 of	9017
the Revised Code, the mediation communication is sought or offered	9018
to prove or disprove abuse, neglect, abandonment, or exploitation	9019
in a proceeding in which ~~a child or~~an adult protective services	9020
agency is a party or to prove or disprove acts or omissions that	9021
indicate that a child is a child in need of protective services in	9022
a proceeding in which a child is a party, unless the case is	9023
referred by a court to mediation and a public agency participates.	9024

(8) The mediation communication is required to be disclosed	9025
pursuant to section 2921.22 of the Revised Code.	9026

(9) The mediation communication is sought in connection with	9027
or offered in any criminal proceeding involving a felony, a	9028
delinquent child proceeding based on what would be a felony if	9029
committed by an adult, or a proceeding initiated by the state or a	9030
child protection agency in which it is alleged that a child is an	9031
~~abused, neglected, or dependent child~~a child in need of	9032
protective services.	9033

(B) There is no privilege under section 2710.03 of the	9034
Revised Code if a court, administrative agency, or arbitrator	9035
finds, after a hearing in camera, that the party seeking discovery	9036
or the proponent of the evidence has shown that the evidence is	9037
not otherwise available, that the disclosure is necessary in the	9038
particular case to prevent a manifest injustice, and that the	9039
mediation communication is sought or offered in either of the	9040
following:	9041

(1) A court proceeding involving a misdemeanor;

9042

(2) Except as otherwise provided in division (C) of this	9043
section, a proceeding to prove a claim to rescind or reform or a	9044
defense to avoid liability on a contract arising out of the	9045
mediation.	9046

(C) A mediator may not be compelled to provide evidence of a	9047
mediation communication referred to in division (A)(6) or (B)(2)	9048
of this section.	9049

(D) If a mediation communication is not privileged under	9050
division (A) or (B) of this section, only the portion of the	9051
communication necessary for the application of the exception from	9052
nondisclosure may be admitted. Admission of evidence under	9053
division (A) or (B) of this section does not render the evidence,	9054
or any other mediation communication, discoverable or admissible	9055
for any other purpose.	9056

Sec. 2901.13. (A)(1) Except as provided in division (A)(2)	9057
or (3) of this section or as otherwise provided in this section, a	9058
prosecution shall be barred unless it is commenced within the	9059
following periods after an offense is committed:	9060

(a) For a felony, six years;

9061

(b) For a misdemeanor other than a minor misdemeanor, two	9062
years;	9063

9064

(2) There is no period of limitation for the prosecution of a	9065
violation of section 2903.01 or 2903.02 of the Revised Code.	9066

(3) Except as otherwise provided in divisions (B) to (H) of	9067
this section, a prosecution of any of the following offenses shall	9068
be barred unless it is commenced within twenty years after the	9069
offense is committed:	9070

(a) A violation of section 2903.03, 2903.04, 2905.01,	9071
2907.02, 2907.03, 2907.04, 2907.05, 2907.21, 2909.02, 2909.22,	9072
2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 2911.01,	9073
2911.02, 2911.11, 2911.12, or 2917.02 of the Revised Code, a	9074
violation of section 2903.11 or 2903.12 of the Revised Code if the	9075
victim is a peace officer, a violation of section 2903.13 of the	9076
Revised Code that is a felony, or a violation of former section	9077
2907.12 of the Revised Code;	9078

(b) A conspiracy to commit, attempt to commit, or complicity	9079
in committing a violation set forth in division (A)(3)(a) of this	9080
section.	9081

(B)(1) Except as otherwise provided in division (B)(2) of	9082
this section, if the period of limitation provided in division	9083
(A)(1) or (3) of this section has expired, prosecution shall be	9084
commenced for an offense of which an element is fraud or breach	9085
of a fiduciary duty, within one year after discovery of the	9086
offense either by an aggrieved person, or by the aggrieved	9087
person's legal representative who is not a party to the offense.	9088

(2) If the period of limitation provided in division (A)(1)	9089
or (3) of this section has expired, prosecution for a violation of	9090
section 2913.49 of the Revised Code shall be commenced within five	9091
years after discovery of the offense either by an aggrieved person	9092
or the aggrieved person's legal representative who is not a party	9093
to the offense.	9094

(C)(1) If the period of limitation provided in division	9095
(A)(1) or (3) of this section has expired, prosecution shall be	9096
commenced for the following offenses during the following	9097
specified periods of time:	9098

(a) For an offense involving misconduct in office by a public	9099
servant, at any time while the accused remains a public servant,	9100
or within two years thereafter;	9101

(b) For an offense by a person who is not a public servant	9102
but whose offense is directly related to the misconduct in office	9103
of a public servant, at any time while that public servant remains	9104
a public servant, or within two years thereafter.	9105

(2) As used in this division:

9106

(a) An "offense is directly related to the misconduct in	9107
office of a public servant" includes, but is not limited to, a	9108
violation of section 101.71, 101.91, 121.61 or 2921.13, division	9109
(F) or (H) of section 102.03, division (A) of section 2921.02,	9110
division (A) or (B) of section 2921.43, or division (F) or (G) of	9111
section 3517.13 of the Revised Code, that is directly related to	9112
an offense involving misconduct in office of a public servant.	9113

(b) "Public servant" has the same meaning as in section	9114
2921.01 of the Revised Code.	9115

(D) An offense is committed when every element of the offense	9116
occurs. In the case of an offense of which an element is a	9117
continuing course of conduct, the period of limitation does not	9118
begin to run until such course of conduct or the accused's	9119
accountability for it terminates, whichever occurs first.	9120

(E) A prosecution is commenced on the date an indictment is	9121
returned or an information filed, or on the date a lawful arrest	9122
without a warrant is made, or on the date a warrant, summons,	9123
citation, or other process is issued, whichever occurs first. A	9124
prosecution is not commenced by the return of an indictment or the	9125
filing of an information unless reasonable diligence is exercised	9126
to issue and execute process on the same. A prosecution is not	9127
commenced upon issuance of a warrant, summons, citation, or other	9128
process, unless reasonable diligence is exercised to execute the	9129
same.	9130

(F) The period of limitation shall not run during any time	9131
when the corpus delicti remains undiscovered.	9132

(G) The period of limitation shall not run during any time	9133
when the accused purposely avoids prosecution. Proof that the	9134
accused departed this state or concealed the accused's identity or	9135
whereabouts is prima-facie evidence of the accused's purpose to	9136
avoid prosecution.	9137

(H) The period of limitation shall not run during any time a	9138
prosecution against the accused based on the same conduct is	9139
pending in this state, even though the indictment, information, or	9140
process that commenced the prosecution is quashed or the	9141
proceedings on the indictment, information, or process are set	9142
aside or reversed on appeal.	9143

(I) The period of limitation for a violation of any provision	9144
of Title XXIX of the Revised Code that involves a physical or	9145
mental wound, injury, disability, or condition of a nature that	9146
reasonably indicates ~~abuse or neglect of~~that a child under	9147
eighteen years of age or of a mentally retarded, developmentally	9148
disabled, or physically impaired child under twenty-one years of	9149
age is a child in need of protective services shall not begin to	9150
run until either of the following occurs:	9151

(1) The victim of the offense reaches the age of majority.

9152

(2) A public children services agency, or a municipal or	9153
county peace officer that is not the parent or guardian of the	9154
child, in the county in which the child resides or in which the	9155
~~abuse or neglect~~act or omission indicating that the child is in	9156
need of protective services is occurring or has occurred has been	9157
notified that ~~abuse or neglect~~act or omission is known,	9158
suspected, or believed to have occurred.	9159

(J) As used in this section, "peace officer" has the same	9160
meaning as in section 2935.01 of the Revised Code.	9161

Sec. 2919.21. (A) No person shall abandon, or fail to	9162
provide adequate support to:	9163

(1) The person's spouse, as required by law;

9164

(2) The person's child who is under age eighteen, or mentally	9165
or physically handicapped child who is under age twenty-one;	9166

(3) The person's aged or infirm parent or adoptive parent,	9167
who from lack of ability and means is unable to provide adequately	9168
for the parent's own support.	9169

(B) No person shall abandon, or fail to provide support as	9170
established by a court order to, another person whom, by court	9171
order or decree, the person is legally obligated to support.	9172

(C) No person shall aid, abet, induce, cause, encourage, or	9173
contribute to a child or a ward of the juvenile court becoming a	9174
~~dependent child, as defined in section 2151.04 of the Revised~~	9175
~~Code, or a neglected child, as defined in section 2151.03~~child in	9176
need of protective supervision as a result of the child lacking	9177
necessary health care as determined in accordance with section	9178
2151.035 of the Revised Code, lacking legally required education	9179
as determined in accordance with section 2151.036 of the Revised	9180
Code, or lacking necessary care or supervision as determined in	9181
accordance with section 2151.037 of the Revised Code.	9182

(D) It is an affirmative defense to a charge of failure to	9183
provide adequate support under division (A) of this section or a	9184
charge of failure to provide support established by a court order	9185
under division (B) of this section that the accused was unable to	9186
provide adequate support or the established support but did	9187
provide the support that was within the accused's ability and	9188
means.	9189

(E) It is an affirmative defense to a charge under division	9190
(A)(3) of this section that the parent abandoned the accused or	9191
failed to support the accused as required by law, while the	9192
accused was under age eighteen, or was mentally or physically	9193
handicapped and under age twenty-one.	9194

(F) It is not a defense to a charge under division (B) of	9195
this section that the person whom a court has ordered the accused	9196
to support is being adequately supported by someone other than the	9197
accused.	9198

(G)(1) Except as otherwise provided in this division, whoever	9199
violates division (A) or (B) of this section is guilty of	9200
nonsupport of dependents, a misdemeanor of the first degree. If	9201
the offender previously has been convicted of or pleaded guilty to	9202
a violation of division (A)(2) or (B) of this section or if the	9203
offender has failed to provide support under division (A)(2) or	9204
(B) of this section for a total accumulated period of twenty-six	9205
weeks out of one hundred four consecutive weeks, whether or not	9206
the twenty-six weeks were consecutive, then a violation of	9207
division (A)(2) or (B) of this section is a felony of the fifth	9208
degree. If the offender previously has been convicted of or	9209
pleaded guilty to a felony violation of this section, a violation	9210
of division (A)(2) or (B) of this section is a felony of the	9211
fourth degree. If the offender is guilty of nonsupport of	9212
dependents by reason of failing to provide support to the	9213
offender's child as required by a child support order issued on or	9214
after April 15, 1985, pursuant to section 2151.23, 2151.231,	9215
2151.232, 2151.33, 3105.21, 3109.05, 3111.13, 3113.04, 3113.31, or	9216
3115.31 of the Revised Code, the court, in addition to any other	9217
sentence imposed, shall assess all court costs arising out of the	9218
charge against the person and require the person to pay any	9219
reasonable attorney's fees of any adverse party other than the	9220
state, as determined by the court, that arose in relation to the	9221
charge.	9222

(2) Whoever violates division (C) of this section is guilty	9223
of contributing to the nonsupport of dependents, a misdemeanor of	9224
the first degree. Each day of violation of division (C) of this	9225
section is a separate offense.	9226

Sec. 2919.22. (A) No person, who is the parent, guardian,	9227
custodian, person having custody or control, or person in loco	9228
parentis of a child under eighteen years of age or a mentally or	9229
physically handicapped child under twenty-one years of age, shall	9230
create a substantial risk to the health or safety of the child, by	9231
violating a duty of care, protection, or support. It is not a	9232
violation of a duty of care, protection, or support under this	9233
division when the parent, guardian, custodian, or person having	9234
custody or control of a child treats the physical or mental	9235
illness or defect of the child by spiritual means through prayer	9236
alone, in accordance with the tenets of a recognized religious	9237
body.	9238

(B) No person shall do any of the following to a child under	9239
eighteen years of age or a mentally or physically handicapped	9240
child under twenty-one years of age:	9241

(1) Abuse the child;

9242

(2) Torture or cruelly abuse the child;

9243

(3) Administer corporal punishment or other physical	9244
disciplinary measure, or physically restrain the child in a cruel	9245
manner or for a prolonged period, which punishment, discipline, or	9246
restraint is excessive under the circumstances and creates a	9247
substantial risk of serious physical harm to the child;	9248

(4) Repeatedly administer unwarranted disciplinary measures	9249
to the child, when there is a substantial risk that such conduct,	9250
if continued, will seriously impair or retard the child's mental	9251
health or development;	9252

(5) Entice, coerce, permit, encourage, compel, hire, employ,	9253
use, or allow the child to act, model, or in any other way	9254
participate in, or be photographed for, the production,	9255
presentation, dissemination, or advertisement of any material or	9256
performance that the offender knows or reasonably should know is	9257
obscene, is sexually oriented matter, or is nudity-oriented	9258
matter;	9259

(6) Allow the child to be on the same parcel of real property	9260
and within one hundred feet of, or, in the case of more than one	9261
housing unit on the same parcel of real property, in the same	9262
housing unit and within one hundred feet of, any act in violation	9263
of section 2925.04 or 2925.041 of the Revised Code when the person	9264
knows that the act is occurring, whether or not any person is	9265
prosecuted for or convicted of the violation of section 2925.04 or	9266
2925.041 of the Revised Code that is the basis of the violation of	9267
this division.	9268

(C)(1) No person shall operate a vehicle, streetcar, or	9269
trackless trolley within this state in violation of division (A)	9270
of section 4511.19 of the Revised Code when one or more children	9271
under eighteen years of age are in the vehicle, streetcar, or	9272
trackless trolley. Notwithstanding any other provision of law, a	9273
person may be convicted at the same trial or proceeding of a	9274
violation of this division and a violation of division (A) of	9275
section 4511.19 of the Revised Code that constitutes the basis of	9276
the charge of the violation of this division. For purposes of	9277
sections 4511.191 to 4511.197 of the Revised Code and all related	9278
provisions of law, a person arrested for a violation of this	9279
division shall be considered to be under arrest for operating a	9280
vehicle while under the influence of alcohol, a drug of abuse, or	9281
a combination of them or for operating a vehicle with a prohibited	9282
concentration of alcohol, a controlled substance, or a metabolite	9283
of a controlled substance in the whole blood, blood serum or	9284
plasma, breath, or urine.	9285

(2) As used in division (C)(1) of this section:

9286

(a) "Controlled substance" has the same meaning as in section	9287
3719.01 of the Revised Code.	9288

(b) "Vehicle," "streetcar," and "trackless trolley" have the	9289
same meanings as in section 4511.01 of the Revised Code.	9290

(D)(1) Division (B)(5) of this section does not apply to any	9291
material or performance that is produced, presented, or	9292
disseminated for a bona fide medical, scientific, educational,	9293
religious, governmental, judicial, or other proper purpose, by or	9294
to a physician, psychologist, sociologist, scientist, teacher,	9295
person pursuing bona fide studies or research, librarian, member	9296
of the clergy, prosecutor, judge, or other person having a proper	9297
interest in the material or performance.	9298

(2) Mistake of age is not a defense to a charge under	9299
division (B)(5) of this section.	9300

(3) In a prosecution under division (B)(5) of this section,	9301
the trier of fact may infer that an actor, model, or participant	9302
in the material or performance involved is a juvenile if the	9303
material or performance, through its title, text, visual	9304
representation, or otherwise, represents or depicts the actor,	9305
model, or participant as a juvenile.	9306

(4) As used in this division and division (B)(5) of this	9307
section:	9308

(a) "Material," "performance," "obscene," and "sexual	9309
activity" have the same meanings as in section 2907.01 of the	9310
Revised Code.	9311

(b) "Nudity-oriented matter" means any material or	9312
performance that shows a minor in a state of nudity and that,	9313
taken as a whole by the average person applying contemporary	9314
community standards, appeals to prurient interest.	9315

(c) "Sexually oriented matter" means any material or	9316
performance that shows a minor participating or engaging in sexual	9317
activity, masturbation, or bestiality.	9318

(E)(1) Whoever violates this section is guilty of endangering	9319
children.	9320

(2) If the offender violates division (A) or (B)(1) of this	9321
section, endangering children is one of the following, and, in the	9322
circumstances described in division (E)(2)(e) of this section,	9323
that division applies:	9324

(a) Except as otherwise provided in division (E)(2)(b), (c),	9325
or (d) of this section, a misdemeanor of the first degree;	9326

(b) If the offender previously has been convicted of an	9327
offense under this section or, of any offense involving neglect,	9328
abandonment, contributing to the delinquency of, or physical abuse	9329
of a child, or of permitting or causing a child to become a child	9330
in need of protective services, except as otherwise provided in	9331
division (E)(2)(c) or (d) of this section, a felony of the fourth	9332
degree;	9333

(c) If the violation is a violation of division (A) of this	9334
section and results in serious physical harm to the child	9335
involved, a felony of the third degree;	9336

(d) If the violation is a violation of division (B)(1) of	9337
this section and results in serious physical harm to the child	9338
involved, a felony of the second degree.	9339

(e) If the violation is a felony violation of division (B)(1)	9340
of this section and the offender also is convicted of or pleads	9341
guilty to a specification as described in section 2941.1422 of the	9342
Revised Code that was included in the indictment, count in the	9343
indictment, or information charging the offense, the court shall	9344
sentence the offender to a mandatory prison term as provided in	9345
division (D)(7) of section 2929.14 of the Revised Code and shall	9346
order the offender to make restitution as provided in division	9347
(B)(8) of section 2929.18 of the Revised Code.	9348

(3) If the offender violates division (B)(2), (3), (4), or	9349
(6) of this section, except as otherwise provided in this	9350
division, endangering children is a felony of the third degree.	9351
If the violation results in serious physical harm to the child	9352
involved, or if the offender previously has been convicted of an	9353
offense under this section or, of any offense involving neglect,	9354
abandonment, contributing to the delinquency of, or physical	9355
abuse of a child, or of permitting or causing a child to become a	9356
child in need of protective services, endangering children is a	9357
felony of the second degree. If the offender violates division	9358
(B)(2), (3), or (4) of this section and the offender also is	9359
convicted of or pleads guilty to a specification as described in	9360
section 2941.1422 of the Revised Code that was included in the	9361
indictment, count in the indictment, or information charging the	9362
offense, the court shall sentence the offender to a mandatory	9363
prison term as provided in division (D)(7) of section 2929.14 of	9364
the Revised Code and shall order the offender to make restitution	9365
as provided in division (B)(8) of section 2929.18 of the Revised	9366
Code. If the offender violates division (B)(6) of this section	9367
and the drug involved is methamphetamine, the court shall impose	9368
a mandatory prison term on the offender as follows:	9369

(a) If the violation is a violation of division (B)(6) of	9370
this section that is a felony of the third degree under division	9371
(E)(3) of this section and the drug involved is methamphetamine,	9372
except as otherwise provided in this division, the court shall	9373
impose as a mandatory prison term one of the prison terms	9374
prescribed for a felony of the third degree that is not less than	9375
two years. If the violation is a violation of division (B)(6) of	9376
this section that is a felony of the third degree under division	9377
(E)(3) of this section, if the drug involved is methamphetamine,	9378
and if the offender previously has been convicted of or pleaded	9379
guilty to a violation of division (B)(6) of this section, a	9380
violation of division (A) of section 2925.04 of the Revised Code,	9381
or a violation of division (A) of section 2925.041 of the Revised	9382
Code, the court shall impose as a mandatory prison term one of the	9383
prison terms prescribed for a felony of the third degree that is	9384
not less than five years.	9385

(b) If the violation is a violation of division (B)(6) of	9386
this section that is a felony of the second degree under division	9387
(E)(3) of this section and the drug involved is methamphetamine,	9388
except as otherwise provided in this division, the court shall	9389
impose as a mandatory prison term one of the prison terms	9390
prescribed for a felony of the second degree that is not less than	9391
three years. If the violation is a violation of division (B)(6) of	9392
this section that is a felony of the second degree under division	9393
(E)(3) of this section, if the drug involved is methamphetamine,	9394
and if the offender previously has been convicted of or pleaded	9395
guilty to a violation of division (B)(6) of this section, a	9396
violation of division (A) of section 2925.04 of the Revised Code,	9397
or a violation of division (A) of section 2925.041 of the Revised	9398
Code, the court shall impose as a mandatory prison term one of the	9399
prison terms prescribed for a felony of the second degree that is	9400
not less than five years.	9401

(4) If the offender violates division (B)(5) of this section,	9402
endangering children is a felony of the second degree. If the	9403
offender also is convicted of or pleads guilty to a specification	9404
as described in section 2941.1422 of the Revised Code that was	9405
included in the indictment, count in the indictment, or	9406
information charging the offense, the court shall sentence the	9407
offender to a mandatory prison term as provided in division (D)(7)	9408
of section 2929.14 of the Revised Code and shall order the	9409
offender to make restitution as provided in division (B)(8) of	9410
section 2929.18 of the Revised Code.	9411

(5) If the offender violates division (C) of this section,	9412
the offender shall be punished as follows:	9413

(a) Except as otherwise provided in division (E)(5)(b) or (c)	9414
of this section, endangering children in violation of division (C)	9415
of this section is a misdemeanor of the first degree.	9416

(b) If the violation results in serious physical harm to the	9417
child involved or the offender previously has been convicted of an	9418
offense under this section or, of any offense involving neglect,	9419
abandonment, contributing to the delinquency of, or physical abuse	9420
of a child, or of permitting or causing a child to become a child	9421
in need of protective services, except as otherwise provided in	9422
division (E)(5)(c) of this section, endangering children in	9423
violation of division (C) of this section is a felony of the fifth	9424
degree.	9425

(c) If the violation results in serious physical harm to the	9426
child involved and if the offender previously has been convicted	9427
of a violation of division (C) of this section, section 2903.06 or	9428
2903.08 of the Revised Code, section 2903.07 of the Revised Code	9429
as it existed prior to March 23, 2000, or section 2903.04 of the	9430
Revised Code in a case in which the offender was subject to the	9431
sanctions described in division (D) of that section, endangering	9432
children in violation of division (C) of this section is a felony	9433
of the fourth degree.	9434

(d) In addition to any term of imprisonment, fine, or other	9435
sentence, penalty, or sanction it imposes upon the offender	9436
pursuant to division (E)(5)(a), (b), or (c) of this section or	9437
pursuant to any other provision of law and in addition to any	9438
suspension of the offender's driver's or commercial driver's	9439
license or permit or nonresident operating privilege under Chapter	9440
4506., 4509., 4510., or 4511. of the Revised Code or under any	9441
other provision of law, the court also may impose upon the	9442
offender a class seven suspension of the offender's driver's or	9443
commercial driver's license or permit or nonresident operating	9444
privilege from the range specified in division (A)(7) of section	9445
4510.02 of the Revised Code.	9446

(e) In addition to any term of imprisonment, fine, or other	9447
sentence, penalty, or sanction imposed upon the offender pursuant	9448
to division (E)(5)(a), (b), (c), or (d) of this section or	9449
pursuant to any other provision of law for the violation of	9450
division (C) of this section, if as part of the same trial or	9451
proceeding the offender also is convicted of or pleads guilty to a	9452
separate charge charging the violation of division (A) of section	9453
4511.19 of the Revised Code that was the basis of the charge of	9454
the violation of division (C) of this section, the offender also	9455
shall be sentenced in accordance with section 4511.19 of the	9456
Revised Code for that violation of division (A) of section 4511.19	9457
of the Revised Code.	9458

(F)(1)(a) A court may require an offender to perform not more	9459
than two hundred hours of supervised community service work under	9460
the authority of an agency, subdivision, or charitable	9461
organization. The requirement shall be part of the community	9462
control sanction or sentence of the offender, and the court shall	9463
impose the community service in accordance with and subject to	9464
divisions (F)(1)(a) and (b) of this section. The court may require	9465
an offender whom it requires to perform supervised community	9466
service work as part of the offender's community control sanction	9467
or sentence to pay the court a reasonable fee to cover the costs	9468
of the offender's participation in the work, including, but not	9469
limited to, the costs of procuring a policy or policies of	9470
liability insurance to cover the period during which the offender	9471
will perform the work. If the court requires the offender to	9472
perform supervised community service work as part of the	9473
offender's community control sanction or sentence, the court shall	9474
do so in accordance with the following limitations and criteria:	9475

(i) The court shall require that the community service work	9476
be performed after completion of the term of imprisonment or jail	9477
term imposed upon the offender for the violation of division (C)	9478
of this section, if applicable.	9479

(ii) The supervised community service work shall be subject	9480
to the limitations set forth in divisions (B)(1), (2), and (3) of	9481
section 2951.02 of the Revised Code.	9482

(iii) The community service work shall be supervised in the	9483
manner described in division (B)(4) of section 2951.02 of the	9484
Revised Code by an official or person with the qualifications	9485
described in that division. The official or person periodically	9486
shall report in writing to the court concerning the conduct of the	9487
offender in performing the work.	9488

(iv) The court shall inform the offender in writing that if	9489
the offender does not adequately perform, as determined by the	9490
court, all of the required community service work, the court may	9491
order that the offender be committed to a jail or workhouse for a	9492
period of time that does not exceed the term of imprisonment that	9493
the court could have imposed upon the offender for the violation	9494
of division (C) of this section, reduced by the total amount of	9495
time that the offender actually was imprisoned under the sentence	9496
or term that was imposed upon the offender for that violation and	9497
by the total amount of time that the offender was confined for any	9498
reason arising out of the offense for which the offender was	9499
convicted and sentenced as described in sections 2949.08 and	9500
2967.191 of the Revised Code, and that, if the court orders that	9501
the offender be so committed, the court is authorized, but not	9502
required, to grant the offender credit upon the period of the	9503
commitment for the community service work that the offender	9504
adequately performed.	9505

(b) If a court, pursuant to division (F)(1)(a) of this	9506
section, orders an offender to perform community service work as	9507
part of the offender's community control sanction or sentence and	9508
if the offender does not adequately perform all of the required	9509
community service work, as determined by the court, the court may	9510
order that the offender be committed to a jail or workhouse for a	9511
period of time that does not exceed the term of imprisonment that	9512
the court could have imposed upon the offender for the violation	9513
of division (C) of this section, reduced by the total amount of	9514
time that the offender actually was imprisoned under the sentence	9515
or term that was imposed upon the offender for that violation and	9516
by the total amount of time that the offender was confined for any	9517
reason arising out of the offense for which the offender was	9518
convicted and sentenced as described in sections 2949.08 and	9519
2967.191 of the Revised Code. The court may order that a person	9520
committed pursuant to this division shall receive hour-for-hour	9521
credit upon the period of the commitment for the community service	9522
work that the offender adequately performed. No commitment	9523
pursuant to this division shall exceed the period of the term of	9524
imprisonment that the sentencing court could have imposed upon the	9525
offender for the violation of division (C) of this section,	9526
reduced by the total amount of time that the offender actually was	9527
imprisoned under that sentence or term and by the total amount of	9528
time that the offender was confined for any reason arising out of	9529
the offense for which the offender was convicted and sentenced as	9530
described in sections 2949.08 and 2967.191 of the Revised Code.	9531

(2) Division (F)(1) of this section does not limit or affect	9532
the authority of the court to suspend the sentence imposed upon a	9533
misdemeanor offender and place the offender under a community	9534
control sanction pursuant to section 2929.25 of the Revised Code,	9535
to require a misdemeanor or felony offender to perform supervised	9536
community service work in accordance with division (B) of section	9537
2951.02 of the Revised Code, or to place a felony offender under a	9538
community control sanction.	9539

(G)(1) If a court suspends an offender's driver's or	9540
commercial driver's license or permit or nonresident operating	9541
privilege under division (E)(5)(d) of this section, the period of	9542
the suspension shall be consecutive to, and commence after, the	9543
period of suspension of the offender's driver's or commercial	9544
driver's license or permit or nonresident operating privilege that	9545
is imposed under Chapter 4506., 4509., 4510., or 4511. of the	9546
Revised Code or under any other provision of law in relation to	9547
the violation of division (C) of this section that is the basis of	9548
the suspension under division (E)(5)(d) of this section or in	9549
relation to the violation of division (A) of section 4511.19 of	9550
the Revised Code that is the basis for that violation of division	9551
(C) of this section.	9552

(2) An offender is not entitled to request, and the court	9553
shall not grant to the offender, limited driving privileges if the	9554
offender's license, permit, or privilege has been suspended under	9555
division (E)(5)(d) of this section and the offender, within the	9556
preceding six years, has been convicted of or pleaded guilty to	9557
three or more violations of one or more of the following:	9558

(a) Division (C) of this section;

9559

(b) Any equivalent offense, as defined in section 4511.181 of	9560
the Revised Code.	9561

(H)(1) If a person violates division (C) of this section and	9562
if, at the time of the violation, there were two or more children	9563
under eighteen years of age in the motor vehicle involved in the	9564
violation, the offender may be convicted of a violation of	9565
division (C) of this section for each of the children, but the	9566
court may sentence the offender for only one of the violations.	9567

(2)(a) If a person is convicted of or pleads guilty to a	9568
violation of division (C) of this section but the person is not	9569
also convicted of and does not also plead guilty to a separate	9570
charge charging the violation of division (A) of section 4511.19	9571
of the Revised Code that was the basis of the charge of the	9572
violation of division (C) of this section, both of the following	9573
apply:	9574

(i) For purposes of the provisions of section 4511.19 of the	9575
Revised Code that set forth the penalties and sanctions for a	9576
violation of division (A) of section 4511.19 of the Revised Code,	9577
the conviction of or plea of guilty to the violation of division	9578
(C) of this section shall not constitute a violation of division	9579
(A) of section 4511.19 of the Revised Code;	9580

(ii) For purposes of any provision of law that refers to a	9581
conviction of or plea of guilty to a violation of division (A) of	9582
section 4511.19 of the Revised Code and that is not described in	9583
division (H)(2)(a)(i) of this section, the conviction of or plea	9584
of guilty to the violation of division (C) of this section shall	9585
constitute a conviction of or plea of guilty to a violation of	9586
division (A) of section 4511.19 of the Revised Code.	9587

(b) If a person is convicted of or pleads guilty to a	9588
violation of division (C) of this section and the person also is	9589
convicted of or pleads guilty to a separate charge charging the	9590
violation of division (A) of section 4511.19 of the Revised Code	9591
that was the basis of the charge of the violation of division (C)	9592
of this section, the conviction of or plea of guilty to the	9593
violation of division (C) of this section shall not constitute,	9594
for purposes of any provision of law that refers to a conviction	9595
of or plea of guilty to a violation of division (A) of section	9596
4511.19 of the Revised Code, a conviction of or plea of guilty to	9597
a violation of division (A) of section 4511.19 of the Revised	9598
Code.	9599

(I) As used in this section:

9600

(1) "Community control sanction" has the same meaning as in	9601
section 2929.01 of the Revised Code;	9602

(2) "Limited driving privileges" has the same meaning as in	9603
section 4501.01 of the Revised Code;	9604

(3) "Methamphetamine" has the same meaning as in section	9605
2925.01 of the Revised Code.	9606

Sec. 2919.23. (A) No person, knowing the person is without	9607
privilege to do so or being reckless in that regard, shall entice,	9608
take, keep, or harbor a person identified in division (A)(1), (2),	9609
or (3) of this section from the parent, guardian, or custodian of	9610
the person identified in division (A)(1), (2), or (3) of this	9611
section:	9612

(1) A child under the age of eighteen, or a mentally or	9613
physically handicapped child under the age of twenty-one;	9614

(2) A person committed by law to an institution for	9615
delinquent,or unruly~~, neglected, abused, or dependent~~ children or	9616
children in need of protective services;	9617

(3) A person committed by law to an institution for the	9618
mentally ill or mentally retarded.	9619

(B) No person shall aid, abet, induce, cause, or encourage a	9620
child or a ward of the juvenile court who has been committed to	9621
the custody of any person, department, or public or private	9622
institution to leave the custody of that person, department, or	9623
institution without legal consent.	9624

(C) It is an affirmative defense to a charge of enticing or	9625
taking under division (A)(1) of this section, that the actor	9626
reasonably believed that the actor's conduct was necessary to	9627
preserve the child's health or safety. It is an affirmative	9628
defense to a charge of keeping or harboring under division (A) of	9629
this section, that the actor in good faith gave notice to law	9630
enforcement or judicial authorities within a reasonable time after	9631
the child or committed person came under the actor's shelter,	9632
protection, or influence.	9633

(D)(1) Whoever violates this section is guilty of	9634
interference with custody.	9635

(2) Except as otherwise provided in this division, a	9636
violation of division (A)(1) of this section is a misdemeanor of	9637
the first degree. If the child who is the subject of a violation	9638
of division (A)(1) of this section is removed from the state or if	9639
the offender previously has been convicted of an offense under	9640
this section, a violation of division (A)(1) of this section is a	9641
felony of the fifth degree. If the child who is the subject of a	9642
violation of division (A)(1) of this section suffers physical harm	9643
as a result of the violation, a violation of division (A)(1) of	9644
this section is a felony of the fourth degree.	9645

(3) A violation of division (A)(2) or (3) of this section is	9646
a misdemeanor of the third degree.	9647

(4) A violation of division (B) of this section is a	9648
misdemeanor of the first degree. Each day of violation of division	9649
(B) of this section is a separate offense.	9650

Sec. 2921.14. (A) No person shall knowingly make or cause	9651
another person to make a false report under division (B) of	9652
section 2151.421 of the Revised Code alleging that any person has	9653
committed an act or omission that resulted in a child being an	9654
~~abused child as defined in section 2151.031 of the Revised Code or~~	9655
~~a neglected child as defined in section 2151.03 of the Revised~~	9656
~~Code~~a child in need of protective services due to any of the	9657
following:	9658

(1) Physical harm, as determined in accordance with section	9659
2151.031 of the Revised Code;	9660

(2) Sexual harm, as determined in accordance with section	9661
2151.032 of the Revised Code;	9662

(3) Emotional harm, as determined in accordance with section	9663
2151.033 of the Revised Code;	9664

(4) Harm by exposure to substance misuse, as determined in	9665
accordance with section 2151.034 of the Revised Code.	9666

(B) Whoever violates this section is guilty of making or	9667
causing a false report ~~of child abuse or~~that a child ~~neglect~~is a	9668
child in need of protective services, a misdemeanor of the first	9669
degree.	9670

Sec. 2921.32. (A) No person, with purpose to hinder the	9671
discovery, apprehension, prosecution, conviction, or punishment of	9672
another for crime or to assist another to benefit from the	9673
commission of a crime, and no person, with purpose to hinder the	9674
discovery, apprehension, prosecution, adjudication as a delinquent	9675
child, or disposition of a child for an act that if committed by	9676
an adult would be a crime or to assist a child to benefit from the	9677
commission of an act that if committed by an adult would be a	9678
crime, shall do any of the following:	9679

(1) Harbor or conceal the other person or child;

9680

(2) Provide the other person or child with money,	9681
transportation, a weapon, a disguise, or other means of avoiding	9682
discovery or apprehension;	9683

(3) Warn the other person or child of impending discovery or	9684
apprehension;	9685

(4) Destroy or conceal physical evidence of the crime or act,	9686
or induce any person to withhold testimony or information or to	9687
elude legal process summoning the person to testify or supply	9688
evidence;	9689

(5) Communicate false information to any person;

9690

(6) Prevent or obstruct any person, by means of force,	9691
intimidation, or deception, from performing any act to aid in the	9692
discovery, apprehension, or prosecution of the other person or	9693
child.	9694

(B) A person may be prosecuted for, and may be convicted of	9695
or adjudicated a delinquent child for committing, a violation of	9696
division (A) of this section regardless of whether the person or	9697
child aided ultimately is apprehended for, is charged with, is	9698
convicted of, pleads guilty to, or is adjudicated a delinquent	9699
child for committing the crime or act the person or child aided	9700
committed. The crime or act the person or child aided committed	9701
shall be used under division (C) of this section in determining	9702
the penalty for the violation of division (A) of this section,	9703
regardless of whether the person or child aided ultimately is	9704
apprehended for, is charged with, is convicted of, pleads guilty	9705
to, or is adjudicated a delinquent child for committing the crime	9706
or act the person or child aided committed.	9707

(C)(1) Whoever violates this section is guilty of obstructing	9708
justice.	9709

(2) If the crime committed by the person aided is a	9710
misdemeanor or if the act committed by the child aided would be a	9711
misdemeanor if committed by an adult, obstructing justice is a	9712
misdemeanor of the same degree as the crime committed by the	9713
person aided or a misdemeanor of the same degree that the act	9714
committed by the child aided would be if committed by an adult.	9715

(3) Except as otherwise provided in divisions (C)(4) and (5)	9716
of this section, if the crime committed by the person aided is a	9717
felony or if the act committed by the child aided would be a	9718
felony if committed by an adult, obstructing justice is a felony	9719
of the fifth degree.	9720

(4) If the crime committed by the person aided is aggravated	9721
murder, murder, or a felony of the first or second degree or if	9722
the act committed by the child aided would be one of those	9723
offenses if committed by an adult and if the offender knows or has	9724
reason to believe that the crime committed by the person aided is	9725
one of those offenses or that the act committed by the child aided	9726
would be one of those offenses if committed by an adult,	9727
obstructing justice is a felony of the third degree.	9728

(5) If the crime or act committed by the person or child	9729
aided is an act of terrorism, obstructing justice is one of the	9730
following:	9731

(a) Except as provided in division (C)(5)(b) of this section,	9732
a felony of the second degree;	9733

(b) If the act of terrorism resulted in the death of a person	9734
who was not a participant in the act of terrorism, a felony of the	9735
first degree.	9736

(D) As used in this section:

9737

(1) "Adult" and "child" have the same meanings as in section	9738
~~2151.011~~2151.03 of the Revised Code.	9739

(2) "Delinquent child" has the same meaning as in section	9740
2152.02 of the Revised Code.	9741

(3) "Act of terrorism" has the same meaning as in section	9742
2909.21 of the Revised Code.	9743

Sec. 2927.02. (A) As used in this section and section	9744
2927.021 of the Revised Code:	9745

(1) "Child" has the same meaning as in section ~~2151.011~~	9746
2151.03 of the Revised Code.	9747

(2) "Cigarette" includes clove cigarettes and hand-rolled	9748
cigarettes.	9749

(3) "Distribute" means to furnish, give, or provide	9750
cigarettes, other tobacco products, or papers used to roll	9751
cigarettes to the ultimate consumer of the cigarettes, other	9752
tobacco products, or papers used to roll cigarettes.	9753

(4) "Proof of age" means a driver's license, a commercial	9754
driver's license, a military identification card, a passport, or	9755
an identification card issued under sections 4507.50 to 4507.52 of	9756
the Revised Code that shows that a person is eighteen years of age	9757
or older.	9758

(5) "Tobacco product" means any product that is made from	9759
tobacco, including, but not limited to, a cigarette, a cigar, pipe	9760
tobacco, chewing tobacco, or snuff.	9761

(6) "Vending machine" has the same meaning as "coin machine"	9762
in section 2913.01 of the Revised Code.	9763

(B) No manufacturer, producer, distributor, wholesaler, or	9764
retailer of cigarettes, other tobacco products, or papers used to	9765
roll cigarettes, no agent, employee, or representative of a	9766
manufacturer, producer, distributor, wholesaler, or retailer of	9767
cigarettes, other tobacco products, or papers used to roll	9768
cigarettes, and no other person shall do any of the following:	9769

(1) Give, sell, or otherwise distribute cigarettes, other	9770
tobacco products, or papers used to roll cigarettes to any child;	9771

(2) Give away, sell, or distribute cigarettes, other tobacco	9772
products, or papers used to roll cigarettes in any place that does	9773
not have posted in a conspicuous place a sign stating that giving,	9774
selling, or otherwise distributing cigarettes, other tobacco	9775
products, or papers used to roll cigarettes to a person under	9776
eighteen years of age is prohibited by law;	9777

(3) Knowingly furnish any false information regarding the	9778
name, age, or other identification of any child with purpose to	9779
obtain cigarettes, other tobacco products, or papers used to roll	9780
cigarettes for that child;	9781

(4) Manufacture, sell, or distribute in this state any pack	9782
or other container of cigarettes containing fewer than twenty	9783
cigarettes or any package of roll-your-own tobacco containing less	9784
than six-tenths of one ounce of tobacco;	9785

(5) Sell cigarettes in a smaller quantity than that placed in	9786
the pack or other container by the manufacturer.	9787

(C) No person shall sell or offer to sell cigarettes or other	9788
tobacco products by or from a vending machine, except in the	9789
following locations:	9790

(1) An area within a factory, business, office, or other	9791
place not open to the general public;	9792

(2) An area to which children are not generally permitted	9793
access;	9794

(3) Any other place not identified in division (C)(1) or (2)	9795
of this section, upon all of the following conditions:	9796

(a) The vending machine is located within the immediate	9797
vicinity, plain view, and control of the person who owns or	9798
operates the place, or an employee of that person, so that all	9799
cigarettes and other tobacco product purchases from the vending	9800
machine will be readily observed by the person who owns or	9801
operates the place or an employee of that person. For the purpose	9802
of this section, a vending machine located in any unmonitored	9803
area, including an unmonitored coatroom, restroom, hallway, or	9804
outer waiting area, shall not be considered located within the	9805
immediate vicinity, plain view, and control of the person who owns	9806
or operates the place, or an employee of that person.	9807

(b) The vending machine is inaccessible to the public when	9808
the place is closed.	9809

(D) The following are affirmative defenses to a charge under	9810
division (B)(1) of this section:	9811

(1) The child was accompanied by a parent, spouse who is	9812
eighteen years of age or older, or legal guardian of the child.	9813

(2) The person who gave, sold, or distributed cigarettes,	9814
other tobacco products, or papers used to roll cigarettes to a	9815
child under division (B)(1) of this section is a parent, spouse	9816
who is eighteen years of age or older, or legal guardian of the	9817
child.	9818

(E) It is not a violation of division (B)(1) or (2) of this	9819
section for a person to give or otherwise distribute to a child	9820
cigarettes, other tobacco products, or papers used to roll	9821
cigarettes while the child is participating in a research protocol	9822
if all of the following apply:	9823

(1) The parent, guardian, or legal custodian of the child has	9824
consented in writing to the child participating in the research	9825
protocol.	9826

(2) An institutional human subjects protection review board,	9827
or an equivalent entity, has approved the research protocol.	9828

(3) The child is participating in the research protocol at	9829
the facility or location specified in the research protocol.	9830

(F)(1) Whoever violates division (B)(1), (2), (4), or (5) or	9831
(C) of this section is guilty of illegal distribution of	9832
cigarettes or other tobacco products, a misdemeanor of the fourth	9833
degree. If the offender previously has been convicted of a	9834
violation of division (B)(1), (2), (4), or (5) or (C) of this	9835
section, illegal distribution of cigarettes or other tobacco	9836
products is a misdemeanor of the third degree.	9837

(2) Whoever violates division (B)(3) of this section is	9838
guilty of permitting children to use cigarettes or other tobacco	9839
products, a misdemeanor of the fourth degree. If the offender	9840
previously has been convicted of a violation of division (B)(3) of	9841
this section, permitting children to use cigarettes or other	9842
tobacco products is a misdemeanor of the third degree.	9843

(G) Any cigarettes, other tobacco products, or papers used to	9844
roll cigarettes that are given, sold, or otherwise distributed to	9845
a child in violation of this section and that are used, possessed,	9846
purchased, or received by a child in violation of section 2151.87	9847
of the Revised Code are subject to seizure and forfeiture as	9848
contraband under Chapter 2981. of the Revised Code.	9849

Sec. 2930.01. As used in this chapter:

9850

(A) "Crime" means any of the following:

9851

(1) A felony;

9852

(2) A violation of section 2903.05, 2903.06, 2903.13,	9853
2903.21, 2903.211, 2903.22, 2907.06, 2919.25, or 2921.04 of the	9854
Revised Code, a violation of section 2903.07 of the Revised Code	9855
as it existed prior to March 23, 2000, or a violation of a	9856
substantially equivalent municipal ordinance;	9857

(3) A violation of division (A) or (B) of section 4511.19,	9858
division (A) or (B) of section 1547.11, or division (A)(3) of	9859
section 4561.15 of the Revised Code or of a municipal ordinance	9860
substantially similar to any of those divisions that is the	9861
proximate cause of a vehicle, streetcar, trackless trolley,	9862
aquatic device, or aircraft accident in which the victim receives	9863
injuries for which the victim receives medical treatment either at	9864
the scene of the accident by emergency medical services personnel	9865
or at a hospital, ambulatory care facility, physician's office,	9866
specialist's office, or other medical care facility.	9867

(4) A motor vehicle accident to which both of the following	9868
apply:	9869

(a) The motor vehicle accident is caused by a violation of a	9870
provision of the Revised Code that is a misdemeanor of the first	9871
degree or higher.	9872

(b) As a result of the motor vehicle accident, the victim	9873
receives injuries for which the victim receives medical treatment	9874
either at the scene of the accident by emergency medical services	9875
personnel or at a hospital, ambulatory care facility, physician's	9876
office, specialist's office, or other medical care facility.	9877

(B) "Custodial agency" means one of the following:

9878

(1) The entity that has custody of a defendant or an alleged	9879
juvenile offender who is incarcerated for a crime, is under	9880
detention for the commission of a specified delinquent act, or who	9881
is detained after a finding of incompetence to stand trial or not	9882
guilty by reason of insanity relative to a crime, including any of	9883
the following:	9884

(a) The department of rehabilitation and correction or the	9885
adult parole authority;	9886

(b) A county sheriff;

9887

(c) The entity that administers a jail, as defined in section	9888
2929.01 of the Revised Code;	9889

(d) The entity that administers a community-based	9890
correctional facility and program or a district community-based	9891
correctional facility and program;	9892

(e) The department of mental health or other entity to which	9893
a defendant found incompetent to stand trial or not guilty by	9894
reason of insanity is committed.	9895

(2) The entity that has custody of an alleged juvenile	9896
offender pursuant to an order of disposition of a juvenile court,	9897
including the department of youth services or a school, camp,	9898
institution, or other facility operated for the care of delinquent	9899
children.	9900

(C) "Defendant" means a person who is alleged to be the	9901
perpetrator of a crime in a police report or in a complaint,	9902
indictment, or information that charges the commission of a crime	9903
and that provides the basis for the criminal prosecution and	9904
subsequent proceedings to which this chapter makes reference.	9905

(D) "Member of the victim's family" means a spouse, child,	9906
stepchild, sibling, parent, stepparent, grandparent, or other	9907
relative of a victim but does not include a person who is charged	9908
with, convicted of, or adjudicated to be a delinquent child for	9909
the crime or specified delinquent act against the victim or	9910
another crime or specified delinquent act arising from the same	9911
conduct, criminal episode, or plan.	9912

(E) "Prosecutor" means one of the following:

9913

(1) With respect to a criminal case, it has the same meaning	9914
as in section 2935.01 of the Revised Code and also includes the	9915
attorney general and, when appropriate, the employees of any	9916
person listed in section 2935.01 of the Revised Code or of the	9917
attorney general.	9918

(2) With respect to a delinquency proceeding, it includes any	9919
person listed in division (C) of section 2935.01 of the Revised	9920
Code or an employee of a person listed in that division who	9921
prosecutes a delinquency proceeding.	9922

(F) "Public agency" means an office, agency, department,	9923
bureau, or other governmental entity of the state or of a	9924
political subdivision of the state.	9925

(G) "Public official" has the same meaning as in section	9926
2921.01 of the Revised Code.	9927

(H) "Victim" means either of the following:

9928

(1) A person who is identified as the victim of a crime or	9929
specified delinquent act in a police report or in a complaint,	9930
indictment, or information that charges the commission of a crime	9931
and that provides the basis for the criminal prosecution or	9932
delinquency proceeding and subsequent proceedings to which this	9933
chapter makes reference.	9934

(2) A person who receives injuries as a result of a vehicle,	9935
streetcar, trackless trolley, aquatic device, or aircraft accident	9936
that is proximately caused by a violation described in division	9937
(A)(3) of this section or a motor vehicle accident that is	9938
proximately caused by a violation described in division (A)(4) of	9939
this section and who receives medical treatment as described in	9940
division (A)(3) or (4) of this section, whichever is applicable.	9941

(I) "Victim's representative" means a member of the victim's	9942
family or another person who pursuant to the authority of section	9943
2930.02 of the Revised Code exercises the rights of a victim under	9944
this chapter.	9945

(J) "Court" means a court of common pleas, juvenile court,	9946
municipal court, or county court.	9947

(K) "Delinquency proceeding" means all proceedings in a	9948
juvenile court that are related to a case in which a complaint has	9949
been filed alleging that a child is a delinquent child.	9950

(L) "Case" means a delinquency proceeding and all related	9951
activity or a criminal prosecution and all related activity.	9952

(M) The "defense" means the defense against criminal charges	9953
in a criminal prosecution or the defense against a delinquent	9954
child complaint in a delinquency proceeding.	9955

(N) The "prosecution" means the prosecution of criminal	9956
charges in a criminal prosecution or the prosecution of a	9957
delinquent child complaint in a delinquency proceeding.	9958

(O) "Specified delinquent act" means any of the following:

9959

(1) An act committed by a child that if committed by an adult	9960
would be a felony;	9961

(2) An act committed by a child that is a violation of a	9962
section listed in division (A)(1) or (2) of this section or is a	9963
violation of a substantially equivalent municipal ordinance;	9964

(3) An act committed by a child that is described in division	9965
(A)(3) or (4) of this section.	9966

(P)(1) "Alleged juvenile offender" means a child who is	9967
alleged to have committed a specified delinquent act in a police	9968
report or in a complaint in juvenile court that charges the	9969
commission of a specified delinquent act and that provides the	9970
basis for the delinquency proceeding and all subsequent	9971
proceedings to which this chapter makes reference.	9972

(2) As used in divisions (O) and (P)(1) of this section,	9973
"child" has the same meaning as in section ~~2151.011~~2151.03 of the	9974
Revised Code.	9975

(Q) "Motor vehicle accident" means any accident involving a	9976
motor vehicle.	9977

(R) "Motor vehicle" has the same meaning as in section	9978
4509.01 of the Revised Code.	9979

(S) "Aircraft" has the same meaning as in section 4561.01 of	9980
the Revised Code.	9981

(T) "Aquatic device" means any vessel, or any water skis,	9982
aquaplane, or similar device.	9983

(U) "Vehicle," "streetcar," and "trackless trolley" have the	9984
same meanings as in section 4511.01 of the Revised Code.	9985

(V) "Vehicle, streetcar, trackless trolley, aquatic device,	9986
or aircraft accident" means any accident involving a vehicle,	9987
streetcar, trackless trolley, aquatic device, or aircraft.	9988

(W) "Vessel" has the same meaning as in section 1547.01 of	9989
the Revised Code.	9990

Sec. 2945.42. No person is disqualified as a witness in a	9991
criminal prosecution by reason of the person's interest in the	9992
prosecution as a party or otherwise or by reason of the person's	9993
conviction of crime. Husband and wife are competent witnesses to	9994
testify in behalf of each other in all criminal prosecutions and	9995
to testify against each other in all actions, prosecutions, and	9996
proceedings for personal injury of either by the other, bigamy, or	9997
~~failure to provide for, neglect of, or cruelty to their children~~	9998
causing a child under eighteen years of age or their physically or	9999
mentally handicapped child under twenty-one years of age to become	10000
a child in need of protective services. A spouse may testify	10001
against his or her spouse in a prosecution under a provision of	10002
sections 2903.11 to 2903.13, 2919.21, 2919.22, or 2919.25 of the	10003
Revised Code for cruelty to, neglect of, or abandonment of such	10004
spouse, in a prosecution against his or her spouse under section	10005
2903.211 or 2911.211, of the Revised Code for the commission of	10006
the offense against the spouse who is testifying, in a prosecution	10007
under section 2919.27 of the Revised Code involving a protection	10008
order issued or consent agreement approved pursuant to section	10009
2919.26 or 3113.31 of the Revised Code for the commission of the	10010
offense against the spouse who is testifying, or in a prosecution	10011
under section 2907.02 of the Revised Code for the commission of	10012
rape or under former section 2907.12 of the Revised Code for	10013
felonious sexual penetration against such spouse in a case in	10014
which the offense can be committed against a spouse. Such	10015
interest, conviction, or relationship may be shown for the purpose	10016
of affecting the credibility of the witness. Husband or wife shall	10017
not testify concerning a communication made by one to the other,	10018
or act done by either in the presence of the other, during	10019
coverture, unless the communication was made or act done in the	10020
known presence or hearing of a third person competent to be a	10021
witness, or in case of personal injury by either the husband or	10022
wife to the other, or rape or the former offense of felonious	10023
sexual penetration in a case in which the offense can be committed	10024
against a spouse, or bigamy, or ~~failure to provide for, or neglect~~	10025
~~or cruelty of either to their children~~causing a child under	10026
eighteen years of age or their physically or mentally handicapped	10027
child under twenty-one years of age to become a child in need of	10028
protective services, violation of a protection order or consent	10029
agreement, or neglect or abandonment of a spouse under a provision	10030
of those sections. The presence or whereabouts of the husband or	10031
wife is not an act under this section. The rule is the same if the	10032
marital relation has ceased to exist.	10033

Sec. 3101.01. (A) Male persons of the age of eighteen years,	10034
and female persons of the age of sixteen years, not nearer of kin	10035
than second cousins, and not having a husband or wife living, may	10036
be joined in marriage. A marriage may only be entered into by one	10037
man and one woman. A minor shall first obtain the consent of the	10038
minor's parents, surviving parent, parent who is designated the	10039
residential parent and legal custodian of the minor by a court of	10040
competent jurisdiction, guardian, or any one of the following who	10041
has been awarded permanent custody of the minor by a court	10042
exercising juvenile jurisdiction:	10043

(1) An adult person;

10044

(2) The department of job and family services or any child	10045
welfare organization certified by the department;	10046

(3) A public children services agency.

10047

(B) For the purposes of division (A) of this section, a minor	10048
shall not be required to obtain the consent of a parent ~~who~~	10049
~~resides~~to whom any of the following apply:	10050

(1) The parent resides in a foreign country~~, has neglected~~	10051
or;	10052

(2) The parent has abandoned the minor or caused the minor	10053
to be a child lacking necessary health care as determined in	10054
accordance with section 2151.035 of the Revised Code, lacking	10055
legally required education as determined in accordance with	10056
section 2151.036 of the Revised Code, or lacking necessary care or	10057
supervision as determined in accordance with section 2151.037 of	10058
the Revised Code, for a period of one year or longer immediately	10059
preceding the minor's application for a marriage license~~, has~~;	10060

(3) The parent has been adjudged incompetent~~, is~~;

10061

(4) The parent is an inmate of a state mental or correctional	10062
institution~~, has~~;	10063

(5) The parent has been permanently deprived of parental	10064
rights and responsibilities for the care of the minor and the	10065
right to have the minor live with the parent and to be the legal	10066
custodian of the minor by a court exercising juvenile	10067
jurisdiction~~, or has~~;	10068

(6) The parent has been deprived of parental rights and	10069
responsibilities for the care of the minor and the right to have	10070
the minor live with the parent and to be the legal custodian of	10071
the minor by the appointment of a guardian of the person of the	10072
minor by the probate court or by another court of competent	10073
jurisdiction.	10074

(C)(1) Any marriage between persons of the same sex is	10075
against the strong public policy of this state. Any marriage	10076
between persons of the same sex shall have no legal force or	10077
effect in this state and, if attempted to be entered into in this	10078
state, is void ab initio and shall not be recognized by this	10079
state.	10080

(2) Any marriage entered into by persons of the same sex in	10081
any other jurisdiction shall be considered and treated in all	10082
respects as having no legal force or effect in this state and	10083
shall not be recognized by this state.	10084

(3) The recognition or extension by the state of the specific	10085
statutory benefits of a legal marriage to nonmarital relationships	10086
between persons of the same sex or different sexes is against the	10087
strong public policy of this state. Any public act, record, or	10088
judicial proceeding of this state, as defined in section 9.82 of	10089
the Revised Code, that extends the specific statutory benefits of	10090
legal marriage to nonmarital relationships between persons of the	10091
same sex or different sexes is void ab initio. Nothing in division	10092
(C)(3) of this section shall be construed to do either of the	10093
following:	10094

(a) Prohibit the extension of specific benefits otherwise	10095
enjoyed by all persons, married or unmarried, to nonmarital	10096
relationships between persons of the same sex or different sexes,	10097
including the extension of benefits conferred by any statute that	10098
is not expressly limited to married persons, which includes but is	10099
not limited to benefits available under Chapter 4117. of the	10100
Revised Code;	10101

(b) Affect the validity of private agreements that are	10102
otherwise valid under the laws of this state.	10103

(4) Any public act, record, or judicial proceeding of any	10104
other state, country, or other jurisdiction outside this state	10105
that extends the specific benefits of legal marriage to nonmarital	10106
relationships between persons of the same sex or different sexes	10107
shall be considered and treated in all respects as having no legal	10108
force or effect in this state and shall not be recognized by this	10109
state.	10110

Sec. 3107.013. An agency arranging an adoption pursuant to	10111
an application submitted to the agency under section 3107.012 of	10112
the Revised Code for a foster caregiver seeking to adopt the	10113
foster caregiver's foster child shall provide the foster caregiver	10114
information about adoption, including information about state	10115
adoption law, adoption assistance available pursuant to section	10116
5153.163 of the Revised Code and Title IV-E of the "Social	10117
Security Act," 94 Stat. 501, 42 U.S.C.A. 670 (1980), as amended,	10118
the types of behavior that the prospective adoptive parents may	10119
anticipate from children who have ~~experienced abuse and neglect~~	10120
been children in need of protective services, suggested	10121
interventions and the assistance available if the child exhibits	10122
those types of behavior after adoption, and other adoption issues	10123
the department of job and family services identifies. The agency	10124
shall provide the information to the foster caregiver in	10125
accordance with rules the department of job and family services	10126
shall adopt in accordance with Chapter 119. of the Revised Code.	10127

Sec. 3107.034. (A) Whenever a prospective adoptive parent or	10128
a person eighteen years of age or older who resides with a	10129
prospective adoptive parent has resided in another state within	10130
the five-year period immediately prior to the date on which a	10131
criminal records check is requested for the person under division	10132
(A) of section 2151.86 of the Revised Code, the administrative	10133
director of an agency, or attorney, who arranges the adoption for	10134
the prospective adoptive parent shall request a check of the	10135
central registry of abuse and neglect of this state from the	10136
department of job and family services regarding the prospective	10137
adoptive parent or the person eighteen years of age or older who	10138
resides with the prospective adoptive parent to enable the agency	10139
or attorney to check any child abuse and neglect registry	10140
maintained by that other state. The administrative director or	10141
attorney shall make the request and shall review the results of	10142
the check before a final decree of adoption or an interlocutory	10143
order of adoption making the person an adoptive parent may be	10144
made. Information received pursuant to the request shall be	10145
considered for purposes of this chapter as if it were a summary	10146
report required under section 3107.033 of the Revised Code. The	10147
department of job and family services shall comply with any	10148
request to check the central registry that is similar to the	10149
request described in this division and that is received from any	10150
other state.	10151

(B) The summary report of a search of the uniform statewide	10152
automated child welfare information system established in section	10153
5101.13 of the Revised Code that is required under section	10154
3107.033 of the Revised Code shall contain, if applicable, a	10155
chronological list of ~~abuse and neglect~~child in need of	10156
protective services determinations or allegations that are based	10157
on reports made under section 2151.421 of the Revised Code	10158
indicating that a child is in need of protective services, of	10159
which the person seeking to adopt is subject and in regards to	10160
which a public children services agency has done one of the	10161
following:	10162

(1) Determined that abuse or neglect occurred or acts or	10163
omissions indicating that a child is a child in need of protective	10164
services occurred;	10165

(2) Initiated an investigation, and the investigation is	10166
ongoing;	10167

(3) Initiated an investigation and the agency was unable to	10168
determine whether abuse or, neglect, or such acts or omissions	10169
occurred.	10170

(C) The summary report required under section 3107.033 of	10171
the Revised Code shall not contain any of the following:	10172

(1) An abuse ~~and~~, neglect, or child in need of protective	10173
services determination of which the person seeking to adopt is	10174
subject and in regards to which a public children services agency	10175
determined that abuse or, neglect, or an act or omission	10176
indicating that the child is a child in need of protective	10177
services did not occur;	10178

(2) Information or reports the dissemination of which is	10179
prohibited by, or interferes with eligibility under, the "Child	10180
Abuse Prevention and Treatment Act," 88 Stat. 4 (1974), 42 U.S.C.	10181
5101 et seq., as amended;	10182

(3) The name of the person who or entity that made, or	10183
participated in the making of, the report ~~of abuse or neglect~~	10184
under section 2151.421 of the Revised Code.	10185

(D)(1) An application for adoption may be denied based on a	10186
summary report containing the information described under	10187
division (B)(1) of this section, when considered within the	10188
totality of the circumstances. An application that is denied may	10189
be appealed using the procedure adopted pursuant to division (B)	10190
of section 3107.033 of the Revised Code.	10191

(2) An application for adoption shall not be denied solely	10192
based on a summary report containing the information described	10193
under division (B)(2) or (3) of this section.	10194

Sec. 3107.12. (A) Except as provided in division (B) of this	10195
section, an assessor shall conduct a prefinalization assessment of	10196
a minor and petitioner before a court issues a final decree of	10197
adoption or finalizes an interlocutory order of adoption for the	10198
minor. On completion of the assessment, the assessor shall prepare	10199
a written report of the assessment and provide a copy of the	10200
report to the court before which the adoption petition is pending.	10201

The report of a prefinalization assessment shall include all	10202
of the following:	10203

(1) The adjustment of the minor and the petitioner to the	10204
adoptive placement;	10205

(2) The present and anticipated needs of the minor and the	10206
petitioner, as determined by a review of the minor's medical and	10207
social history, for adoption-related services, including	10208
assistance under Title IV-E of the "Social Security Act," 94 Stat.	10209
501 (1980), 42 U.S.C.A. 670, as amended, or section 5153.163 of	10210
the Revised Code and counseling, case management services, crisis	10211
services, diagnostic services, and therapeutic counseling.	10212

(3) The physical, mental, and developmental condition of the	10213
minor;	10214

(4) If known, the minor's biological family background,	10215
including identifying information about the biological or other	10216
legal parents;	10217

(5) The reasons for the minor's placement with the	10218
petitioner, the petitioner's attitude toward the proposed	10219
adoption, and the circumstances under which the minor was placed	10220
in the home of the petitioner;	10221

(6) The attitude of the minor toward the proposed adoption,	10222
if the minor's age makes this feasible;	10223

(7) If the minor is an Indian child, as defined in 25	10224
U.S.C.A. 1903(4), how the placement complies with the "Indian	10225
Child Welfare Act of 1978," 92 Stat. 3069, 25 U.S.C.A. 1901, as	10226
amended;	10227

(8) If known, the minor's psychological background, including	10228
prior abuse of the child, prior acts or omissions against the	10229
child that could have caused the child to become a child in need	10230
of protective services, and behavioral problems of the child;	10231

(9) If applicable, the documents or forms required under	10232
sections 3107.032, 3107.10, and 3107.101 of the Revised Code.	10233

The assessor shall file the prefinalization report with the	10234
court not later than twenty days prior to the date scheduled for	10235
the final hearing on the adoption unless the court determines	10236
there is good cause for filing the report at a later date.	10237

The assessor shall provide a copy of the written report of	10238
the assessment to the petitioner with the identifying information	10239
about the biological or other legal parents redacted.	10240

(B) This section does not apply if the petitioner is the	10241
minor's stepparent, unless a court, after determining a	10242
prefinalization assessment is in the best interest of the minor,	10243
orders that an assessor conduct a prefinalization assessment.	10244

(C) The director of job and family services shall adopt rules	10245
in accordance with Chapter 119. of the Revised Code defining	10246
"counseling," "case management services," "crisis services,"	10247
"diagnostic services," and "therapeutic counseling" for the	10248
purpose of this section.	10249

Sec. 3107.161. (A) As used in this section, "the least	10250
detrimental available alternative" means the alternative that	10251
would have the least long-term negative impact on the child.	10252

(B) When a court makes a determination in a contested	10253
adoption concerning the best interest of a child, the court shall	10254
consider all relevant factors including, but not limited to, all	10255
of the following:	10256

(1) The least detrimental available alternative for	10257
safeguarding the child's growth and development;	10258

(2) The age and health of the child at the time the best	10259
interest determination is made and, if applicable, at the time the	10260
child was removed from the home;	10261

(3) The wishes of the child in any case in which the child's	10262
age and maturity makes this feasible;	10263

(4) The duration of the separation of the child from a	10264
parent;	10265

(5) Whether the child will be able to enter into a more	10266
stable and permanent family relationship, taking into account the	10267
conditions of the child's current placement, the likelihood of	10268
future placements, and the results of prior placements;	10269

(6) The likelihood of safe reunification with a parent within	10270
a reasonable period of time;	10271

(7) The importance of providing permanency, stability, and	10272
continuity of relationships for the child;	10273

(8) The child's interaction and interrelationship with the	10274
child's parents, siblings, and any other person who may	10275
significantly affect the child's best interest;	10276

(9) The child's adjustment to the child's current home,	10277
school, and community;	10278

(10) The mental and physical health of all persons involved	10279
in the situation;	10280

(11) Whether any person involved in the situation has been	10281
convicted of, pleaded guilty to, or accused of any criminal	10282
offense involving any act or omission that resulted in a child	10283
being abused or, neglected, or a child in need of protective	10284
services; whether the person, in a case in which a child has been	10285
adjudicated to be an abused or neglected child, or a child in need	10286
of protective services, has been determined to be the perpetrator	10287
of the ~~abusive or neglectful~~ act or omission that is the basis of	10288
the adjudication; whether the person has been convicted of,	10289
pleaded guilty to, or accused of a violation of section 2919.25 of	10290
the Revised Code involving a victim who at the time of the	10291
commission of the offense was a member of the person's family or	10292
household; and whether the person has been convicted of, pleaded	10293
guilty to, or accused of any offense involving a victim who at the	10294
time of the commission of the offense was a member of the person's	10295
family or household and caused physical harm to the victim in the	10296
commission of the offense.	10297

(C) A person who contests an adoption has the burden of	10298
providing the court material evidence needed to determine what is	10299
in the best interest of the child and must establish that the	10300
child's current placement is not the least detrimental available	10301
alternative.	10302

Sec. 3109.04. (A) In any divorce, legal separation, or	10303
annulment proceeding and in any proceeding pertaining to the	10304
allocation of parental rights and responsibilities for the care of	10305
a child, upon hearing the testimony of either or both parents and	10306
considering any mediation report filed pursuant to section	10307
3109.052 of the Revised Code and in accordance with sections	10308
3127.01 to 3127.53 of the Revised Code, the court shall allocate	10309
the parental rights and responsibilities for the care of the minor	10310
children of the marriage. Subject to division (D)(2) of this	10311
section, the court may allocate the parental rights and	10312
responsibilities for the care of the children in either of the	10313
following ways:	10314

(1) If neither parent files a pleading or motion in	10315
accordance with division (G) of this section, if at least one	10316
parent files a pleading or motion under that division but no	10317
parent who filed a pleading or motion under that division also	10318
files a plan for shared parenting, or if at least one parent files	10319
both a pleading or motion and a shared parenting plan under that	10320
division but no plan for shared parenting is in the best interest	10321
of the children, the court, in a manner consistent with the best	10322
interest of the children, shall allocate the parental rights and	10323
responsibilities for the care of the children primarily to one of	10324
the parents, designate that parent as the residential parent and	10325
the legal custodian of the child, and divide between the parents	10326
the other rights and responsibilities for the care of the	10327
children, including, but not limited to, the responsibility to	10328
provide support for the children and the right of the parent who	10329
is not the residential parent to have continuing contact with the	10330
children.	10331

(2) If at least one parent files a pleading or motion in	10332
accordance with division (G) of this section and a plan for shared	10333
parenting pursuant to that division and if a plan for shared	10334
parenting is in the best interest of the children and is approved	10335
by the court in accordance with division (D)(1) of this section,	10336
the court may allocate the parental rights and responsibilities	10337
for the care of the children to both parents and issue a shared	10338
parenting order requiring the parents to share all or some of the	10339
aspects of the physical and legal care of the children in	10340
accordance with the approved plan for shared parenting. If the	10341
court issues a shared parenting order under this division and it	10342
is necessary for the purpose of receiving public assistance, the	10343
court shall designate which one of the parents' residences is to	10344
serve as the child's home. The child support obligations of the	10345
parents under a shared parenting order issued under this division	10346
shall be determined in accordance with Chapters 3119., 3121.,	10347
3123., and 3125. of the Revised Code.	10348

(B)(1) When making the allocation of the parental rights and	10349
responsibilities for the care of the children under this section	10350
in an original proceeding or in any proceeding for modification of	10351
a prior order of the court making the allocation, the court shall	10352
take into account that which would be in the best interest of the	10353
children. In determining the child's best interest for purposes of	10354
making its allocation of the parental rights and responsibilities	10355
for the care of the child and for purposes of resolving any issues	10356
related to the making of that allocation, the court, in its	10357
discretion, may and, upon the request of either party, shall	10358
interview in chambers any or all of the involved children	10359
regarding their wishes and concerns with respect to the	10360
allocation.	10361

(2) If the court interviews any child pursuant to division	10362
(B)(1) of this section, all of the following apply:	10363

(a) The court, in its discretion, may and, upon the motion of	10364
either parent, shall appoint a guardian ad litem for the child.	10365

(b) The court first shall determine the reasoning ability of	10366
the child. If the court determines that the child does not have	10367
sufficient reasoning ability to express the child's wishes and	10368
concern with respect to the allocation of parental rights and	10369
responsibilities for the care of the child, it shall not determine	10370
the child's wishes and concerns with respect to the allocation. If	10371
the court determines that the child has sufficient reasoning	10372
ability to express the child's wishes or concerns with respect to	10373
the allocation, it then shall determine whether, because of	10374
special circumstances, it would not be in the best interest of the	10375
child to determine the child's wishes and concerns with respect to	10376
the allocation. If the court determines that, because of special	10377
circumstances, it would not be in the best interest of the child	10378
to determine the child's wishes and concerns with respect to the	10379
allocation, it shall not determine the child's wishes and concerns	10380
with respect to the allocation and shall enter its written	10381
findings of fact and opinion in the journal. If the court	10382
determines that it would be in the best interests of the child to	10383
determine the child's wishes and concerns with respect to the	10384
allocation, it shall proceed to make that determination.	10385

(c) The interview shall be conducted in chambers, and no	10386
person other than the child, the child's attorney, the judge, any	10387
necessary court personnel, and, in the judge's discretion, the	10388
attorney of each parent shall be permitted to be present in the	10389
chambers during the interview.	10390

(3) No person shall obtain or attempt to obtain from a child	10391
a written or recorded statement or affidavit setting forth the	10392
child's wishes and concerns regarding the allocation of parental	10393
rights and responsibilities concerning the child. No court, in	10394
determining the child's best interest for purposes of making its	10395
allocation of the parental rights and responsibilities for the	10396
care of the child or for purposes of resolving any issues related	10397
to the making of that allocation, shall accept or consider a	10398
written or recorded statement or affidavit that purports to set	10399
forth the child's wishes and concerns regarding those matters.	10400

(C) Prior to trial, the court may cause an investigation to	10401
be made as to the character, family relations, past conduct,	10402
earning ability, and financial worth of each parent and may order	10403
the parents and their minor children to submit to medical,	10404
psychological, and psychiatric examinations. The report of the	10405
investigation and examinations shall be made available to either	10406
parent or the parent's counsel of record not less than five days	10407
before trial, upon written request. The report shall be signed by	10408
the investigator, and the investigator shall be subject to	10409
cross-examination by either parent concerning the contents of the	10410
report. The court may tax as costs all or any part of the expenses	10411
for each investigation.	10412

If the court determines that either parent previously has	10413
been convicted of or pleaded guilty to any criminal offense	10414
involving any act that resulted in a child being a neglected child	10415
or a child in need of protective services, that either parent	10416
previously has been determined to be the perpetrator of the	10417
~~neglectful~~ act or omission that is the basis of an adjudication	10418
that a child is a neglected child or a child in need of protective	10419
services, or that there is reason to believe that either parent	10420
has acted in a manner resulting in a child being a neglected child	10421
or a child in need of protective services, the court shall	10422
consider that fact against naming that parent the residential	10423
parent and against granting a shared parenting decree. When the	10424
court allocates parental rights and responsibilities for the care	10425
of children or determines whether to grant shared parenting in any	10426
proceeding, it shall consider whether either parent or any member	10427
of the household of either parent has been convicted of or pleaded	10428
guilty to a violation of section 2919.25 of the Revised Code or a	10429
sexually oriented offense involving a victim who at the time of	10430
the commission of the offense was a member of the family or	10431
household that is the subject of the proceeding, has been	10432
convicted of or pleaded guilty to any sexually oriented offense or	10433
other offense involving a victim who at the time of the commission	10434
of the offense was a member of the family or household that is the	10435
subject of the proceeding and caused physical harm to the victim	10436
in the commission of the offense, or has been determined to be the	10437
perpetrator of the ~~abusive~~ act or omission that is the basis of an	10438
adjudication that a child is an abused child or a child in need of	10439
protective services. If the court determines that either parent	10440
has been convicted of or pleaded guilty to a violation of section	10441
2919.25 of the Revised Code or a sexually oriented offense	10442
involving a victim who at the time of the commission of the	10443
offense was a member of the family or household that is the	10444
subject of the proceeding, has been convicted of or pleaded	10445
guilty to any sexually oriented offense or other offense	10446
involving a victim who at the time of the commission of the	10447
offense was a member of the family or household that is the	10448
subject of the proceeding and caused physical harm to the victim	10449
in the commission of the offense, or has been determined to be the	10450
perpetrator of the abusive act that is the basis of an	10451
adjudication that a child is an abused child, it may designate	10452
that parent as the residential parent and may issue a shared	10453
parenting decree or order only if it determines that it is in the	10454
best interest of the child to name that parent the residential	10455
parent or to issue a shared parenting decree or order and it makes	10456
specific written findings of fact to support its determination.	10457

(D)(1)(a) Upon the filing of a pleading or motion by either	10458
parent or both parents, in accordance with division (G) of this	10459
section, requesting shared parenting and the filing of a shared	10460
parenting plan in accordance with that division, the court shall	10461
comply with division (D)(1)(a)(i), (ii), or (iii) of this section,	10462
whichever is applicable:	10463

(i) If both parents jointly make the request in their	10464
pleadings or jointly file the motion and also jointly file the	10465
plan, the court shall review the parents' plan to determine if it	10466
is in the best interest of the children. If the court determines	10467
that the plan is in the best interest of the children, the court	10468
shall approve it. If the court determines that the plan or any	10469
part of the plan is not in the best interest of the children, the	10470
court shall require the parents to make appropriate changes to the	10471
plan to meet the court's objections to it. If changes to the plan	10472
are made to meet the court's objections, and if the new plan is in	10473
the best interest of the children, the court shall approve the	10474
plan. If changes to the plan are not made to meet the court's	10475
objections, or if the parents attempt to make changes to the plan	10476
to meet the court's objections, but the court determines that the	10477
new plan or any part of the new plan still is not in the best	10478
interest of the children, the court may reject the portion of the	10479
parents' pleadings or deny their motion requesting shared	10480
parenting of the children and proceed as if the request in the	10481
pleadings or the motion had not been made. The court shall not	10482
approve a plan under this division unless it determines that the	10483
plan is in the best interest of the children.	10484

(ii) If each parent makes a request in the parent's pleadings	10485
or files a motion and each also files a separate plan, the court	10486
shall review each plan filed to determine if either is in the best	10487
interest of the children. If the court determines that one of the	10488
filed plans is in the best interest of the children, the court may	10489
approve the plan. If the court determines that neither filed plan	10490
is in the best interest of the children, the court may order each	10491
parent to submit appropriate changes to the parent's plan or both	10492
of the filed plans to meet the court's objections, or may select	10493
one of the filed plans and order each parent to submit appropriate	10494
changes to the selected plan to meet the court's objections. If	10495
changes to the plan or plans are submitted to meet the court's	10496
objections, and if any of the filed plans with the changes is in	10497
the best interest of the children, the court may approve the plan	10498
with the changes. If changes to the plan or plans are not	10499
submitted to meet the court's objections, or if the parents submit	10500
changes to the plan or plans to meet the court's objections but	10501
the court determines that none of the filed plans with the	10502
submitted changes is in the best interest of the children, the	10503
court may reject the portion of the parents' pleadings or deny	10504
their motions requesting shared parenting of the children and	10505
proceed as if the requests in the pleadings or the motions had not	10506
been made. If the court approves a plan under this division,	10507
either as originally filed or with submitted changes, or if the	10508
court rejects the portion of the parents' pleadings or denies	10509
their motions requesting shared parenting under this division and	10510
proceeds as if the requests in the pleadings or the motions had	10511
not been made, the court shall enter in the record of the case	10512
findings of fact and conclusions of law as to the reasons for the	10513
approval or the rejection or denial. Division (D)(1)(b) of this	10514
section applies in relation to the approval or disapproval of a	10515
plan under this division.	10516

(iii) If each parent makes a request in the parent's	10517
pleadings or files a motion but only one parent files a plan, or	10518
if only one parent makes a request in the parent's pleadings or	10519
files a motion and also files a plan, the court in the best	10520
interest of the children may order the other parent to file a plan	10521
for shared parenting in accordance with division (G) of this	10522
section. The court shall review each plan filed to determine if	10523
any plan is in the best interest of the children. If the court	10524
determines that one of the filed plans is in the best interest of	10525
the children, the court may approve the plan. If the court	10526
determines that no filed plan is in the best interest of the	10527
children, the court may order each parent to submit appropriate	10528
changes to the parent's plan or both of the filed plans to meet	10529
the court's objections or may select one filed plan and order each	10530
parent to submit appropriate changes to the selected plan to meet	10531
the court's objections. If changes to the plan or plans are	10532
submitted to meet the court's objections, and if any of the filed	10533
plans with the changes is in the best interest of the children,	10534
the court may approve the plan with the changes. If changes to the	10535
plan or plans are not submitted to meet the court's objections, or	10536
if the parents submit changes to the plan or plans to meet the	10537
court's objections but the court determines that none of the filed	10538
plans with the submitted changes is in the best interest of the	10539
children, the court may reject the portion of the parents'	10540
pleadings or deny the parents' motion or reject the portion of the	10541
parents' pleadings or deny their motions requesting shared	10542
parenting of the children and proceed as if the request or	10543
requests or the motion or motions had not been made. If the court	10544
approves a plan under this division, either as originally filed or	10545
with submitted changes, or if the court rejects the portion of the	10546
pleadings or denies the motion or motions requesting shared	10547
parenting under this division and proceeds as if the request or	10548
requests or the motion or motions had not been made, the court	10549
shall enter in the record of the case findings of fact and	10550
conclusions of law as to the reasons for the approval or the	10551
rejection or denial. Division (D)(1)(b) of this section applies in	10552
relation to the approval or disapproval of a plan under this	10553
division.	10554

(b) The approval of a plan under division (D)(1)(a)(ii) or	10555
(iii) of this section is discretionary with the court. The court	10556
shall not approve more than one plan under either division and	10557
shall not approve a plan under either division unless it	10558
determines that the plan is in the best interest of the children.	10559
If the court, under either division, does not determine that any	10560
filed plan or any filed plan with submitted changes is in the best	10561
interest of the children, the court shall not approve any plan.	10562

(c) Whenever possible, the court shall require that a shared	10563
parenting plan approved under division (D)(1)(a)(i), (ii), or	10564
(iii) of this section ensure the opportunity for both parents to	10565
have frequent and continuing contact with the child, unless	10566
frequent and continuing contact with any parent would not be in	10567
the best interest of the child.	10568

(d) If a court approves a shared parenting plan under	10569
division (D)(1)(a)(i), (ii), or (iii) of this section, the	10570
approved plan shall be incorporated into a final shared parenting	10571
decree granting the parents the shared parenting of the children.	10572
Any final shared parenting decree shall be issued at the same time	10573
as and shall be appended to the final decree of dissolution,	10574
divorce, annulment, or legal separation arising out of the action	10575
out of which the question of the allocation of parental rights and	10576
responsibilities for the care of the children arose.	10577

No provisional shared parenting decree shall be issued in	10578
relation to any shared parenting plan approved under division	10579
(D)(1)(a)(i), (ii), or (iii) of this section. A final shared	10580
parenting decree issued under this division has immediate effect	10581
as a final decree on the date of its issuance, subject to	10582
modification or termination as authorized by this section.	10583

(2) If the court finds, with respect to any child under	10584
eighteen years of age, that it is in the best interest of the	10585
child for neither parent to be designated the residential parent	10586
and legal custodian of the child, it may commit the child to a	10587
relative of the child or certify a copy of its findings, together	10588
with as much of the record and the further information, in	10589
narrative form or otherwise, that it considers necessary or as the	10590
juvenile court requests, to the juvenile court for further	10591
proceedings, and, upon the certification, the juvenile court has	10592
exclusive jurisdiction.	10593

(E)(1)(a) The court shall not modify a prior decree	10594
allocating parental rights and responsibilities for the care of	10595
children unless it finds, based on facts that have arisen since	10596
the prior decree or that were unknown to the court at the time of	10597
the prior decree, that a change has occurred in the circumstances	10598
of the child, the child's residential parent, or either of the	10599
parents subject to a shared parenting decree, and that the	10600
modification is necessary to serve the best interest of the child.	10601
In applying these standards, the court shall retain the	10602
residential parent designated by the prior decree or the prior	10603
shared parenting decree, unless a modification is in the best	10604
interest of the child and one of the following applies:	10605

(i) The residential parent agrees to a change in the	10606
residential parent or both parents under a shared parenting decree	10607
agree to a change in the designation of residential parent.	10608

(ii) The child, with the consent of the residential parent or	10609
of both parents under a shared parenting decree, has been	10610
integrated into the family of the person seeking to become the	10611
residential parent.	10612

(iii) The harm likely to be caused by a change of environment	10613
is outweighed by the advantages of the change of environment to	10614
the child.	10615

(b) One or both of the parents under a prior decree	10616
allocating parental rights and responsibilities for the care of	10617
children that is not a shared parenting decree may file a motion	10618
requesting that the prior decree be modified to give both parents	10619
shared rights and responsibilities for the care of the children.	10620
The motion shall include both a request for modification of the	10621
prior decree and a request for a shared parenting order that	10622
complies with division (G) of this section. Upon the filing of the	10623
motion, if the court determines that a modification of the prior	10624
decree is authorized under division (E)(1)(a) of this section, the	10625
court may modify the prior decree to grant a shared parenting	10626
order, provided that the court shall not modify the prior decree	10627
to grant a shared parenting order unless the court complies with	10628
divisions (A) and (D)(1) of this section and, in accordance with	10629
those divisions, approves the submitted shared parenting plan and	10630
determines that shared parenting would be in the best interest of	10631
the children.	10632

(2) In addition to a modification authorized under division	10633
(E)(1) of this section:	10634

(a) Both parents under a shared parenting decree jointly may	10635
modify the terms of the plan for shared parenting approved by the	10636
court and incorporated by it into the shared parenting decree.	10637
Modifications under this division may be made at any time. The	10638
modifications to the plan shall be filed jointly by both parents	10639
with the court, and the court shall include them in the plan,	10640
unless they are not in the best interest of the children. If the	10641
modifications are not in the best interests of the children, the	10642
court, in its discretion, may reject the modifications or make	10643
modifications to the proposed modifications or the plan that are	10644
in the best interest of the children. Modifications jointly	10645
submitted by both parents under a shared parenting decree shall be	10646
effective, either as originally filed or as modified by the court,	10647
upon their inclusion by the court in the plan. Modifications to	10648
the plan made by the court shall be effective upon their inclusion	10649
by the court in the plan.	10650

(b) The court may modify the terms of the plan for shared	10651
parenting approved by the court and incorporated by it into the	10652
shared parenting decree upon its own motion at any time if the	10653
court determines that the modifications are in the best interest	10654
of the children or upon the request of one or both of the parents	10655
under the decree. Modifications under this division may be made at	10656
any time. The court shall not make any modification to the plan	10657
under this division, unless the modification is in the best	10658
interest of the children.	10659

(c) The court may terminate a prior final shared parenting	10660
decree that includes a shared parenting plan approved under	10661
division (D)(1)(a)(i) of this section upon the request of one or	10662
both of the parents or whenever it determines that shared	10663
parenting is not in the best interest of the children. The court	10664
may terminate a prior final shared parenting decree that includes	10665
a shared parenting plan approved under division (D)(1)(a)(ii) or	10666
(iii) of this section if it determines, upon its own motion or	10667
upon the request of one or both parents, that shared parenting is	10668
not in the best interest of the children. If modification of the	10669
terms of the plan for shared parenting approved by the court and	10670
incorporated by it into the final shared parenting decree is	10671
attempted under division (E)(2)(a) of this section and the court	10672
rejects the modifications, it may terminate the final shared	10673
parenting decree if it determines that shared parenting is not in	10674
the best interest of the children.	10675

(d) Upon the termination of a prior final shared parenting	10676
decree under division (E)(2)(c) of this section, the court shall	10677
proceed and issue a modified decree for the allocation of parental	10678
rights and responsibilities for the care of the children under the	10679
standards applicable under divisions (A), (B), and (C) of this	10680
section as if no decree for shared parenting had been granted and	10681
as if no request for shared parenting ever had been made.	10682

(F)(1) In determining the best interest of a child pursuant	10683
to this section, whether on an original decree allocating parental	10684
rights and responsibilities for the care of children or a	10685
modification of a decree allocating those rights and	10686
responsibilities, the court shall consider all relevant factors,	10687
including, but not limited to:	10688

(a) The wishes of the child's parents regarding the child's	10689
care;	10690

(b) If the court has interviewed the child in chambers	10691
pursuant to division (B) of this section regarding the child's	10692
wishes and concerns as to the allocation of parental rights and	10693
responsibilities concerning the child, the wishes and concerns of	10694
the child, as expressed to the court;	10695

(c) The child's interaction and interrelationship with the	10696
child's parents, siblings, and any other person who may	10697
significantly affect the child's best interest;	10698

(d) The child's adjustment to the child's home, school, and	10699
community;	10700

(e) The mental and physical health of all persons involved in	10701
the situation;	10702

(f) The parent more likely to honor and facilitate	10703
court-approved parenting time rights or visitation and	10704
companionship rights;	10705

(g) Whether either parent has failed to make all child	10706
support payments, including all arrearages, that are required of	10707
that parent pursuant to a child support order under which that	10708
parent is an obligor;	10709

(h) Whether either parent or any member of the household of	10710
either parent previously has been convicted of or pleaded guilty	10711
to any criminal offense involving any act or omission that	10712
resulted in a child being an abused child or, a neglected child,	10713
or a child in need of protective services; whether either parent,	10714
in a case in which a child has been adjudicated an abused child	10715
or, a neglected child, or a child in need of protective services,	10716
previously has been determined to be the perpetrator of the	10717
~~abusive or neglectful~~ act or omission that is the basis of an	10718
adjudication; whether either parent or any member of the	10719
household of either parent previously has been convicted of or	10720
pleaded guilty to a violation of section 2919.25 of the Revised	10721
Code or a sexually oriented offense involving a victim who at the	10722
time of the commission of the offense was a member of the family	10723
or household that is the subject of the current proceeding;	10724
whether either parent or any member of the household of either	10725
parent previously has been convicted of or pleaded guilty to any	10726
offense involving a victim who at the time of the commission of	10727
the offense was a member of the family or household that is the	10728
subject of the current proceeding and caused physical harm to the	10729
victim in the commission of the offense; and whether there is	10730
reason to believe that either parent has acted in a manner	10731
resulting in a child being an abused child or, a neglected child,	10732
or a child in need of protective services;	10733

(i) Whether the residential parent or one of the parents	10734
subject to a shared parenting decree has continuously and	10735
willfully denied the other parent's right to parenting time in	10736
accordance with an order of the court;	10737

(j) Whether either parent has established a residence, or is	10738
planning to establish a residence, outside this state.	10739

(2) In determining whether shared parenting is in the best	10740
interest of the children, the court shall consider all relevant	10741
factors, including, but not limited to, the factors enumerated in	10742
division (F)(1) of this section, the factors enumerated in section	10743
3119.23 of the Revised Code, and all of the following factors:	10744

(a) The ability of the parents to cooperate and make	10745
decisions jointly, with respect to the children;	10746

(b) The ability of each parent to encourage the sharing of	10747
love, affection, and contact between the child and the other	10748
parent;	10749

(c) Any history of, or potential for, child abuse or causing	10750
a child to be a child in need of protective services due to	10751
physical harm, as determined in accordance with section 2151.031	10752
of the Revised Code, sexual harm, as determined in accordance with	10753
section 2151.032 of the Revised Code, emotional harm, as	10754
determined in accordance with section 2151.033 of the Revised	10755
Code, or harm by exposure to substance misuse, as determined in	10756
accordance with section 2151.034 of the Revised Code, spouse	10757
abuse, other domestic violence, or parental kidnapping by either	10758
parent;	10759

(d) The geographic proximity of the parents to each other, as	10760
the proximity relates to the practical considerations of shared	10761
parenting;	10762

(e) The recommendation of the guardian ad litem of the child,	10763
if the child has a guardian ad litem.	10764

(3) When allocating parental rights and responsibilities for	10765
the care of children, the court shall not give preference to a	10766
parent because of that parent's financial status or condition.	10767

(G) Either parent or both parents of any children may file a	10768
pleading or motion with the court requesting the court to grant	10769
both parents shared parental rights and responsibilities for the	10770
care of the children in a proceeding held pursuant to division (A)	10771
of this section. If a pleading or motion requesting shared	10772
parenting is filed, the parent or parents filing the pleading or	10773
motion also shall file with the court a plan for the exercise of	10774
shared parenting by both parents. If each parent files a pleading	10775
or motion requesting shared parenting but only one parent files a	10776
plan or if only one parent files a pleading or motion requesting	10777
shared parenting and also files a plan, the other parent as	10778
ordered by the court shall file with the court a plan for the	10779
exercise of shared parenting by both parents. The plan for shared	10780
parenting shall be filed with the petition for dissolution of	10781
marriage, if the question of parental rights and responsibilities	10782
for the care of the children arises out of an action for	10783
dissolution of marriage, or, in other cases, at a time at least	10784
thirty days prior to the hearing on the issue of the parental	10785
rights and responsibilities for the care of the children. A plan	10786
for shared parenting shall include provisions covering all factors	10787
that are relevant to the care of the children, including, but not	10788
limited to, provisions covering factors such as physical living	10789
arrangements, child support obligations, provision for the	10790
children's medical and dental care, school placement, and the	10791
parent with which the children will be physically located during	10792
legal holidays, school holidays, and other days of special	10793
importance.	10794

(H) If an appeal is taken from a decision of a court that	10795
grants or modifies a decree allocating parental rights and	10796
responsibilities for the care of children, the court of appeals	10797
shall give the case calendar priority and handle it expeditiously.	10798

(I) Upon receipt of an order to active military service in	10799
the uniformed services, a parent who is subject to an order	10800
allocating parental rights and responsibilities or in relation to	10801
whom an action to allocate parental rights and responsibilities is	10802
pending and who is ordered to active military service shall notify	10803
the other parent who is subject to the order or in relation to	10804
whom the case is pending of the order to active military service	10805
within three days of receiving the military service order. Either	10806
parent may apply to the court for a hearing to expedite an	10807
allocation or modification proceeding. The application shall	10808
include the date on which the active military service begins.	10809

The court shall schedule a hearing upon receipt of the	10810
application and hold the hearing not later than thirty days after	10811
receipt of the application, except that the court shall give the	10812
case calendar priority and handle the case expeditiously if	10813
exigent circumstances exist in the case.	10814

The court shall not modify a prior decree allocating parental	10815
rights and responsibilities unless the court determines that there	10816
has been a change in circumstances of the child, the child's	10817
residential parent, or either of the parents subject to a shared	10818
parenting decree, and that modification is necessary to serve the	10819
best interest of the child. The court may consider active	10820
military service in the uniformed services in determining whether	10821
a change in circumstances exists under this section and shall	10822
make specific written findings of fact to support any modification	10823
under this division.	10824

Upon application by either parent, the court may modify a	10825
prior decree allocating parental rights and responsibilities after	10826
the parent's active military service has been terminated, hearing	10827
testimony and making specific written findings of fact to support	10828
the modification.	10829

Nothing in this division shall prevent a court from issuing a	10830
temporary order allocating or modifying parental rights and	10831
responsibilities for the duration of the parent's active military	10832
service.	10833

(J) As used in this section:

10834

(1) ~~"Abused child" has the same meaning as in section~~	10835
~~2151.031 of the Revised Code.~~	10836

~~(2)~~ "Active military service" means the performance of active	10837
military duty by a member of the uniformed services for a period	10838
of more than thirty days.	10839

~~(3) "Neglected child" has the same meaning as in section~~	10840
~~2151.03 of the Revised Code.~~	10841

~~(4)~~(2) "Sexually oriented offense" has the same meaning as in	10842
section 2950.01 of the Revised Code.	10843

~~(5)~~(3) "Uniformed services" means the United States armed	10844
forces, army national guard and air national guard when engaged in	10845
active duty for training, or the commissioned corps of the United	10846
States public health service.	10847

(K) As used in the Revised Code, "shared parenting" means	10848
that the parents share, in the manner set forth in the plan for	10849
shared parenting that is approved by the court under division	10850
(D)(1) and described in division (L)(6) of this section, all or	10851
some of the aspects of physical and legal care of their children.	10852

(L) For purposes of the Revised Code:

10853

(1) A parent who is granted the care, custody, and control of	10854
a child under an order that was issued pursuant to this section	10855
prior to April 11, 1991, and that does not provide for shared	10856
parenting has "custody of the child" and "care, custody, and	10857
control of the child" under the order, and is the "residential	10858
parent," the "residential parent and legal custodian," or the	10859
"custodial parent" of the child under the order.	10860

(2) A parent who primarily is allocated the parental rights	10861
and responsibilities for the care of a child and who is designated	10862
as the residential parent and legal custodian of the child under	10863
an order that is issued pursuant to this section on or after April	10864
11, 1991, and that does not provide for shared parenting has	10865
"custody of the child" and "care, custody, and control of the	10866
child" under the order, and is the "residential parent," the	10867
"residential parent and legal custodian," or the "custodial	10868
parent" of the child under the order.	10869

(3) A parent who is not granted custody of a child under an	10870
order that was issued pursuant to this section prior to April 11,	10871
1991, and that does not provide for shared parenting is the	10872
"parent who is not the residential parent," the "parent who is not	10873
the residential parent and legal custodian," or the "noncustodial	10874
parent" of the child under the order.	10875

(4) A parent who is not primarily allocated the parental	10876
rights and responsibilities for the care of a child and who is not	10877
designated as the residential parent and legal custodian of the	10878
child under an order that is issued pursuant to this section on or	10879
after April 11, 1991, and that does not provide for shared	10880
parenting is the "parent who is not the residential parent," the	10881
"parent who is not the residential parent and legal custodian," or	10882
the "noncustodial parent" of the child under the order.	10883

(5) Unless the context clearly requires otherwise, if an	10884
order is issued by a court pursuant to this section and the order	10885
provides for shared parenting of a child, both parents have	10886
"custody of the child" or "care, custody, and control of the	10887
child" under the order, to the extent and in the manner specified	10888
in the order.	10889

(6) Unless the context clearly requires otherwise and except	10890
as otherwise provided in the order, if an order is issued by a	10891
court pursuant to this section and the order provides for shared	10892
parenting of a child, each parent, regardless of where the child	10893
is physically located or with whom the child is residing at a	10894
particular point in time, as specified in the order, is the	10895
"residential parent," the "residential parent and legal	10896
custodian," or the "custodial parent" of the child.	10897

(7) Unless the context clearly requires otherwise and except	10898
as otherwise provided in the order, a designation in the order of	10899
a parent as the residential parent for the purpose of determining	10900
the school the child attends, as the custodial parent for purposes	10901
of claiming the child as a dependent pursuant to section 152(e) of	10902
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	10903
1, as amended, or as the residential parent for purposes of	10904
receiving public assistance pursuant to division (A)(2) of this	10905
section, does not affect the designation pursuant to division	10906
(L)(6) of this section of each parent as the "residential	10907
parent," the "residential parent and legal custodian," or the	10908
"custodial parent" of the child.	10909

(M) The court shall require each parent of a child to file	10910
an affidavit attesting as to whether the parent, and the members	10911
of the parent's household, have been convicted of or pleaded	10912
guilty to any of the offenses identified in divisions (C) and	10913
(F)(1)(h) of this section.	10914

Sec. 3109.051. (A) If a divorce, dissolution, legal	10915
separation, or annulment proceeding involves a child and if the	10916
court has not issued a shared parenting decree, the court shall	10917
consider any mediation report filed pursuant to section 3109.052	10918
of the Revised Code and, in accordance with division (C) of this	10919
section, shall make a just and reasonable order or decree	10920
permitting each parent who is not the residential parent to have	10921
parenting time with the child at the time and under the conditions	10922
that the court directs, unless the court determines that it would	10923
not be in the best interest of the child to permit that parent to	10924
have parenting time with the child and includes in the journal its	10925
findings of fact and conclusions of law. Whenever possible, the	10926
order or decree permitting the parenting time shall ensure the	10927
opportunity for both parents to have frequent and continuing	10928
contact with the child, unless frequent and continuing contact by	10929
either parent with the child would not be in the best interest of	10930
the child. The court shall include in its final decree a specific	10931
schedule of parenting time for that parent. Except as provided in	10932
division (E)(6) of section 3113.31 of the Revised Code, if the	10933
court, pursuant to this section, grants parenting time to a parent	10934
or companionship or visitation rights to any other person with	10935
respect to any child, it shall not require the public children	10936
services agency to provide supervision of or other services	10937
related to that parent's exercise of parenting time or that	10938
person's exercise of companionship or visitation rights with	10939
respect to the child. This section does not limit the power of a	10940
juvenile court pursuant to Chapter 2151. of the Revised Code to	10941
issue orders with respect to children who are alleged to be	10942
~~abused, neglected, or dependent~~ children in need of protective	10943
services or to make dispositions of children who are adjudicated	10944
~~abused, neglected, or dependent~~ children in need of protective	10945
services or of a common pleas court to issue orders pursuant to	10946
section 3113.31 of the Revised Code.	10947

(B)(1) In a divorce, dissolution of marriage, legal	10948
separation, annulment, or child support proceeding that involves a	10949
child, the court may grant reasonable companionship or visitation	10950
rights to any grandparent, any person related to the child by	10951
consanguinity or affinity, or any other person other than a	10952
parent, if all of the following apply:	10953

(a) The grandparent, relative, or other person files a motion	10954
with the court seeking companionship or visitation rights.	10955

(b) The court determines that the grandparent, relative, or	10956
other person has an interest in the welfare of the child.	10957

(c) The court determines that the granting of the	10958
companionship or visitation rights is in the best interest of the	10959
child.	10960

(2) A motion may be filed under division (B)(1) of this	10961
section during the pendency of the divorce, dissolution of	10962
marriage, legal separation, annulment, or child support proceeding	10963
or, if a motion was not filed at that time or was filed at that	10964
time and the circumstances in the case have changed, at any time	10965
after a decree or final order is issued in the case.	10966

(C) When determining whether to grant parenting time rights	10967
to a parent pursuant to this section or section 3109.12 of the	10968
Revised Code or to grant companionship or visitation rights to a	10969
grandparent, relative, or other person pursuant to this section or	10970
section 3109.11 or 3109.12 of the Revised Code, when establishing	10971
a specific parenting time or visitation schedule, and when	10972
determining other parenting time matters under this section or	10973
section 3109.12 of the Revised Code or visitation matters under	10974
this section or section 3109.11 or 3109.12 of the Revised Code,	10975
the court shall consider any mediation report that is filed	10976
pursuant to section 3109.052 of the Revised Code and shall	10977
consider all other relevant factors, including, but not limited	10978
to, all of the factors listed in division (D) of this section. In	10979
considering the factors listed in division (D) of this section for	10980
purposes of determining whether to grant parenting time or	10981
visitation rights, establishing a specific parenting time or	10982
visitation schedule, determining other parenting time matters	10983
under this section or section 3109.12 of the Revised Code or	10984
visitation matters under this section or under section 3109.11 or	10985
3109.12 of the Revised Code, and resolving any issues related to	10986
the making of any determination with respect to parenting time or	10987
visitation rights or the establishment of any specific parenting	10988
time or visitation schedule, the court, in its discretion, may	10989
interview in chambers any or all involved children regarding their	10990
wishes and concerns. If the court interviews any child concerning	10991
the child's wishes and concerns regarding those parenting time or	10992
visitation matters, the interview shall be conducted in chambers,	10993
and no person other than the child, the child's attorney, the	10994
judge, any necessary court personnel, and, in the judge's	10995
discretion, the attorney of each parent shall be permitted to be	10996
present in the chambers during the interview. No person shall	10997
obtain or attempt to obtain from a child a written or recorded	10998
statement or affidavit setting forth the wishes and concerns of	10999
the child regarding those parenting time or visitation matters. A	11000
court, in considering the factors listed in division (D) of this	11001
section for purposes of determining whether to grant any parenting	11002
time or visitation rights, establishing a parenting time or	11003
visitation schedule, determining other parenting time matters	11004
under this section or section 3109.12 of the Revised Code or	11005
visitation matters under this section or under section 3109.11 or	11006
3109.12 of the Revised Code, or resolving any issues related to	11007
the making of any determination with respect to parenting time or	11008
visitation rights or the establishment of any specific parenting	11009
time or visitation schedule, shall not accept or consider a	11010
written or recorded statement or affidavit that purports to set	11011
forth the child's wishes or concerns regarding those parenting	11012
time or visitation matters.	11013

(D) In determining whether to grant parenting time to a	11014
parent pursuant to this section or section 3109.12 of the Revised	11015
Code or companionship or visitation rights to a grandparent,	11016
relative, or other person pursuant to this section or section	11017
3109.11 or 3109.12 of the Revised Code, in establishing a specific	11018
parenting time or visitation schedule, and in determining other	11019
parenting time matters under this section or section 3109.12 of	11020
the Revised Code or visitation matters under this section or	11021
section 3109.11 or 3109.12 of the Revised Code, the court shall	11022
consider all of the following factors:	11023

(1) The prior interaction and interrelationships of the child	11024
with the child's parents, siblings, and other persons related by	11025
consanguinity or affinity, and with the person who requested	11026
companionship or visitation if that person is not a parent,	11027
sibling, or relative of the child;	11028

(2) The geographical location of the residence of each parent	11029
and the distance between those residences, and if the person is	11030
not a parent, the geographical location of that person's residence	11031
and the distance between that person's residence and the child's	11032
residence;	11033

(3) The child's and parents' available time, including, but	11034
not limited to, each parent's employment schedule, the child's	11035
school schedule, and the child's and the parents' holiday and	11036
vacation schedule;	11037

(4) The age of the child;

11038

(5) The child's adjustment to home, school, and community;

11039

(6) If the court has interviewed the child in chambers,	11040
pursuant to division (C) of this section, regarding the wishes and	11041
concerns of the child as to parenting time by the parent who is	11042
not the residential parent or companionship or visitation by the	11043
grandparent, relative, or other person who requested	11044
companionship or visitation, as to a specific parenting time or	11045
visitation schedule, or as to other parenting time or visitation	11046
matters, the wishes and concerns of the child, as expressed to the	11047
court;	11048

(7) The health and safety of the child;

11049

(8) The amount of time that will be available for the child	11050
to spend with siblings;	11051

(9) The mental and physical health of all parties;

11052

(10) Each parent's willingness to reschedule missed parenting	11053
time and to facilitate the other parent's parenting time rights,	11054
and with respect to a person who requested companionship or	11055
visitation, the willingness of that person to reschedule missed	11056
visitation;	11057

(11) In relation to parenting time, whether either parent	11058
previously has been convicted of or pleaded guilty to any criminal	11059
offense involving any act that resulted in a child being an abused	11060
child or, a neglected child, or a child in need of protective	11061
services; whether either parent, in a case in which a child has	11062
been adjudicated an abused child or, a neglected child, or a child	11063
in need of protective services, previously has been determined to	11064
be the perpetrator of the ~~abusive or neglectful~~ act or omission	11065
that is the basis of the adjudication; and whether there is reason	11066
to believe that either parent has acted in a manner resulting in a	11067
child being an abused child or, a neglected child, or a child in	11068
need of protective services;	11069

(12) In relation to requested companionship or visitation by	11070
a person other than a parent, whether the person previously has	11071
been convicted of or pleaded guilty to any criminal offense	11072
involving any act or omission that resulted in a child being an	11073
abused child or, a neglected child, a child in need of protective	11074
services, or would have resulted in the child being a child in	11075
need of protective services had the person been the parent of the	11076
child; whether the person, in a case in which a child has been	11077
adjudicated an abused child or, a neglected child, or a child in	11078
need of protective services, previously has been determined to be	11079
the perpetrator of the ~~abusive or neglectful~~ act or omission that	11080
is the basis of the adjudication; whether either parent previously	11081
has been convicted of or pleaded guilty to a violation of section	11082
2919.25 of the Revised Code involving a victim who at the time of	11083
the commission of the offense was a member of the family or	11084
household that is the subject of the current proceeding; whether	11085
either parent previously has been convicted of an offense	11086
involving a victim who at the time of the commission of the	11087
offense was a member of the family or household that is the	11088
subject of the current proceeding and caused physical harm to the	11089
victim in the commission of the offense; and whether there is	11090
reason to believe that the person has acted in a manner resulting	11091
in a child being an abused child or, a neglected child, or a child	11092
in need of protective services;	11093

(13) Whether the residential parent or one of the parents	11094
subject to a shared parenting decree has continuously and	11095
willfully denied the other parent's right to parenting time in	11096
accordance with an order of the court;	11097

(14) Whether either parent has established a residence or is	11098
planning to establish a residence outside this state;	11099

(15) In relation to requested companionship or visitation by	11100
a person other than a parent, the wishes and concerns of the	11101
child's parents, as expressed by them to the court;	11102

(16) Any other factor in the best interest of the child.

11103

(E) The remarriage of a residential parent of a child does	11104
not affect the authority of a court under this section to grant	11105
parenting time rights with respect to the child to the parent who	11106
is not the residential parent or to grant reasonable companionship	11107
or visitation rights with respect to the child to any grandparent,	11108
any person related by consanguinity or affinity, or any other	11109
person.	11110

(F)(1) If the court, pursuant to division (A) of this	11111
section, denies parenting time to a parent who is not the	11112
residential parent or denies a motion for reasonable companionship	11113
or visitation rights filed under division (B) of this section and	11114
the parent or movant files a written request for findings of fact	11115
and conclusions of law, the court shall state in writing its	11116
findings of fact and conclusions of law in accordance with Civil	11117
Rule 52.	11118

(2) On or before July 1, 1991, each court of common pleas, by	11119
rule, shall adopt standard parenting time guidelines. A court	11120
shall have discretion to deviate from its standard parenting time	11121
guidelines based upon factors set forth in division (D) of this	11122
section.	11123

(G)(1) If the residential parent intends to move to a	11124
residence other than the residence specified in the parenting	11125
time order or decree of the court, the parent shall file a notice	11126
of intent to relocate with the court that issued the order or	11127
decree. Except as provided in divisions (G)(2), (3), and (4) of	11128
this section, the court shall send a copy of the notice to the	11129
parent who is not the residential parent. Upon receipt of the	11130
notice, the court, on its own motion or the motion of the parent	11131
who is not the residential parent, may schedule a hearing with	11132
notice to both parents to determine whether it is in the best	11133
interest of the child to revise the parenting time schedule for	11134
the child.	11135

(2) When a court grants parenting time rights to a parent who	11136
is not the residential parent, the court shall determine whether	11137
that parent has been convicted of or pleaded guilty to a violation	11138
of section 2919.25 of the Revised Code involving a victim who at	11139
the time of the commission of the offense was a member of the	11140
family or household that is the subject of the proceeding, has	11141
been convicted of or pleaded guilty to any other offense involving	11142
a victim who at the time of the commission of the offense was a	11143
member of the family or household that is the subject of the	11144
proceeding and caused physical harm to the victim in the	11145
commission of the offense, or has been determined to be the	11146
perpetrator of the ~~abusive~~ act or omission that is the basis of an	11147
adjudication that a child is an abused child or a child in need of	11148
protective services. If the court determines that that parent has	11149
not been so convicted and has not been determined to be the	11150
perpetrator of an ~~abusive~~ act or omission that is the basis of a	11151
~~child abuse~~such an adjudication, the court shall issue an order	11152
stating that a copy of any notice of relocation that is filed with	11153
the court pursuant to division (G)(1) of this section will be sent	11154
to the parent who is given the parenting time rights in accordance	11155
with division (G)(1) of this section.	11156

If the court determines that the parent who is granted the	11157
parenting time rights has been convicted of or pleaded guilty to a	11158
violation of section 2919.25 of the Revised Code involving a	11159
victim who at the time of the commission of the offense was a	11160
member of the family or household that is the subject of the	11161
proceeding, has been convicted of or pleaded guilty to any other	11162
offense involving a victim who at the time of the commission of	11163
the offense was a member of the family or household that is the	11164
subject of the proceeding and caused physical harm to the victim	11165
in the commission of the offense, or has been determined to be the	11166
perpetrator of the ~~abusive~~ act or omission that is the basis of an	11167
adjudication that a child is an abused child or a child in need of	11168
protective services, it shall issue an order stating that that	11169
parent will not be given a copy of any notice of relocation that	11170
is filed with the court pursuant to division (G)(1) of this	11171
section unless the court determines that it is in the best	11172
interest of the children to give that parent a copy of the notice	11173
of relocation, issues an order stating that that parent will be	11174
given a copy of any notice of relocation filed pursuant to	11175
division (G)(1) of this section, and issues specific written	11176
findings of fact in support of its determination.	11177

(3) If a court, prior to April 11, 1991, issued an order	11178
granting parenting time rights to a parent who is not the	11179
residential parent and did not require the residential parent in	11180
that order to give the parent who is granted the parenting time	11181
rights notice of any change of address and if the residential	11182
parent files a notice of relocation pursuant to division (G)(1) of	11183
this section, the court shall determine if the parent who is	11184
granted the parenting time rights has been convicted of or pleaded	11185
guilty to a violation of section 2919.25 of the Revised Code	11186
involving a victim who at the time of the commission of the	11187
offense was a member of the family or household that is the	11188
subject of the proceeding, has been convicted of or pleaded guilty	11189
to any other offense involving a victim who at the time of the	11190
commission of the offense was a member of the family or household	11191
that is the subject of the proceeding and caused physical harm to	11192
the victim in the commission of the offense, or has been	11193
determined to be the perpetrator of the ~~abusive~~ act or omission	11194
that is the basis of an adjudication that a child is an abused	11195
child or a child in need of protective services. If the court	11196
determines that the parent who is granted the parenting time	11197
rights has not been so convicted and has not been determined to be	11198
the perpetrator of an ~~abusive~~ act or omission that is the basis of	11199
~~a child abuse~~such an adjudication, the court shall issue an order	11200
stating that a copy of any notice of relocation that is filed with	11201
the court pursuant to division (G)(1) of this section will be sent	11202
to the parent who is granted parenting time rights in accordance	11203
with division (G)(1) of this section.	11204

If the court determines that the parent who is granted the	11205
parenting time rights has been convicted of or pleaded guilty to a	11206
violation of section 2919.25 of the Revised Code involving a	11207
victim who at the time of the commission of the offense was a	11208
member of the family or household that is the subject of the	11209
proceeding, has been convicted of or pleaded guilty to any other	11210
offense involving a victim who at the time of the commission of	11211
the offense was a member of the family or household that is the	11212
subject of the proceeding and caused physical harm to the victim	11213
in the commission of the offense, or has been determined to be the	11214
perpetrator of the ~~abusive~~ act or omission that is the basis of an	11215
adjudication that a child is an abused child or a child in need of	11216
protective services, it shall issue an order stating that that	11217
parent will not be given a copy of any notice of relocation that	11218
is filed with the court pursuant to division (G)(1) of this	11219
section unless the court determines that it is in the best	11220
interest of the children to give that parent a copy of the notice	11221
of relocation, issues an order stating that that parent will be	11222
given a copy of any notice of relocation filed pursuant to	11223
division (G)(1) of this section, and issues specific written	11224
findings of fact in support of its determination.	11225

(4) If a parent who is granted parenting time rights	11226
pursuant to this section or any other section of the Revised Code	11227
is authorized by an order issued pursuant to this section or any	11228
other court order to receive a copy of any notice of relocation	11229
that is filed pursuant to division (G)(1) of this section or	11230
pursuant to court order, if the residential parent intends to move	11231
to a residence other than the residence address specified in the	11232
parenting time order, and if the residential parent does not want	11233
the parent who is granted the parenting time rights to receive a	11234
copy of the relocation notice because the parent with parenting	11235
time rights has been convicted of or pleaded guilty to a violation	11236
of section 2919.25 of the Revised Code involving a victim who at	11237
the time of the commission of the offense was a member of the	11238
family or household that is the subject of the proceeding, has	11239
been convicted of or pleaded guilty to any other offense involving	11240
a victim who at the time of the commission of the offense was a	11241
member of the family or household that is the subject of the	11242
proceeding and caused physical harm to the victim in the	11243
commission of the offense, or has been determined to be the	11244
perpetrator of the ~~abusive~~ act or omission that is the basis of an	11245
adjudication that a child is an abused child or a child in need of	11246
protective services, the residential parent may file a motion with	11247
the court requesting that the parent who is granted the parenting	11248
time rights not receive a copy of any notice of relocation. Upon	11249
the filing of the motion, the court shall schedule a hearing on	11250
the motion and give both parents notice of the date, time, and	11251
location of the hearing. If the court determines that the parent	11252
who is granted the parenting time rights has been so convicted or	11253
has been determined to be the perpetrator of an ~~abusive~~ act or	11254
omission that is the basis of ~~a child abuse~~an adjudication that	11255
the child is an abused child or a child in need of protective	11256
services, the court shall issue an order stating that the parent	11257
who is granted the parenting time rights will not be given a copy	11258
of any notice of relocation that is filed with the court pursuant	11259
to division (G)(1) of this section or that the residential parent	11260
is no longer required to give that parent a copy of any notice of	11261
relocation unless the court determines that it is in the best	11262
interest of the children to give that parent a copy of the notice	11263
of relocation, issues an order stating that that parent will be	11264
given a copy of any notice of relocation filed pursuant to	11265
division (G)(1) of this section, and issues specific written	11266
findings of fact in support of its determination. If it does not	11267
so find, it shall dismiss the motion.	11268

(H)(1) Subject to section 3125.16 and division (F) of section	11269
3319.321 of the Revised Code, a parent of a child who is not the	11270
residential parent of the child is entitled to access, under the	11271
same terms and conditions under which access is provided to the	11272
residential parent, to any record that is related to the child and	11273
to which the residential parent of the child legally is provided	11274
access, unless the court determines that it would not be in the	11275
best interest of the child for the parent who is not the	11276
residential parent to have access to the records under those same	11277
terms and conditions. If the court determines that the parent of a	11278
child who is not the residential parent should not have access to	11279
records related to the child under the same terms and conditions	11280
as provided for the residential parent, the court shall specify	11281
the terms and conditions under which the parent who is not the	11282
residential parent is to have access to those records, shall enter	11283
its written findings of facts and opinion in the journal, and	11284
shall issue an order containing the terms and conditions to both	11285
the residential parent and the parent of the child who is not the	11286
residential parent. The court shall include in every order issued	11287
pursuant to this division notice that any keeper of a record who	11288
knowingly fails to comply with the order or division (H) of this	11289
section is in contempt of court.	11290

(2) Subject to section 3125.16 and division (F) of section	11291
3319.321 of the Revised Code, subsequent to the issuance of an	11292
order under division (H)(1) of this section, the keeper of any	11293
record that is related to a particular child and to which the	11294
residential parent legally is provided access shall permit the	11295
parent of the child who is not the residential parent to have	11296
access to the record under the same terms and conditions under	11297
which access is provided to the residential parent, unless the	11298
residential parent has presented the keeper of the record with a	11299
copy of an order issued under division (H)(1) of this section that	11300
limits the terms and conditions under which the parent who is not	11301
the residential parent is to have access to records pertaining to	11302
the child and the order pertains to the record in question. If the	11303
residential parent presents the keeper of the record with a copy	11304
of that type of order, the keeper of the record shall permit the	11305
parent who is not the residential parent to have access to the	11306
record only in accordance with the most recent order that has been	11307
issued pursuant to division (H)(1) of this section and presented	11308
to the keeper by the residential parent or the parent who is not	11309
the residential parent. Any keeper of any record who knowingly	11310
fails to comply with division (H) of this section or with any	11311
order issued pursuant to division (H)(1) of this section is in	11312
contempt of court.	11313

(3) The prosecuting attorney of any county may file a	11314
complaint with the court of common pleas of that county requesting	11315
the court to issue a protective order preventing the disclosure	11316
pursuant to division (H)(1) or (2) of this section of any	11317
confidential law enforcement investigatory record. The court shall	11318
schedule a hearing on the motion and give notice of the date,	11319
time, and location of the hearing to all parties.	11320

(I) A court that issues a parenting time order or decree	11321
pursuant to this section or section 3109.12 of the Revised Code	11322
shall determine whether the parent granted the right of parenting	11323
time is to be permitted access, in accordance with section	11324
5104.011 of the Revised Code, to any child day-care center that	11325
is, or that in the future may be, attended by the children with	11326
whom the right of parenting time is granted. Unless the court	11327
determines that the parent who is not the residential parent	11328
should not have access to the center to the same extent that the	11329
residential parent is granted access to the center, the parent who	11330
is not the residential parent and who is granted parenting time	11331
rights is entitled to access to the center to the same extent that	11332
the residential parent is granted access to the center. If the	11333
court determines that the parent who is not the residential parent	11334
should not have access to the center to the same extent that the	11335
residential parent is granted such access under division (C) of	11336
section 5104.011 of the Revised Code, the court shall specify the	11337
terms and conditions under which the parent who is not the	11338
residential parent is to have access to the center, provided that	11339
the access shall not be greater than the access that is provided	11340
to the residential parent under division (C) of section 5104.011	11341
of the Revised Code, the court shall enter its written findings of	11342
fact and opinions in the journal, and the court shall include the	11343
terms and conditions of access in the parenting time order or	11344
decree.	11345

(J)(1) Subject to division (F) of section 3319.321 of the	11346
Revised Code, when a court issues an order or decree allocating	11347
parental rights and responsibilities for the care of a child, the	11348
parent of the child who is not the residential parent of the child	11349
is entitled to access, under the same terms and conditions under	11350
which access is provided to the residential parent, to any student	11351
activity that is related to the child and to which the residential	11352
parent of the child legally is provided access, unless the court	11353
determines that it would not be in the best interest of the child	11354
to grant the parent who is not the residential parent access to	11355
the student activities under those same terms and conditions. If	11356
the court determines that the parent of the child who is not the	11357
residential parent should not have access to any student activity	11358
that is related to the child under the same terms and conditions	11359
as provided for the residential parent, the court shall specify	11360
the terms and conditions under which the parent who is not the	11361
residential parent is to have access to those student activities,	11362
shall enter its written findings of facts and opinion in the	11363
journal, and shall issue an order containing the terms and	11364
conditions to both the residential parent and the parent of the	11365
child who is not the residential parent. The court shall include	11366
in every order issued pursuant to this division notice that any	11367
school official or employee who knowingly fails to comply with the	11368
order or division (J) of this section is in contempt of court.	11369

(2) Subject to division (F) of section 3319.321 of the	11370
Revised Code, subsequent to the issuance of an order under	11371
division (J)(1) of this section, all school officials and	11372
employees shall permit the parent of the child who is not the	11373
residential parent to have access to any student activity under	11374
the same terms and conditions under which access is provided to	11375
the residential parent of the child, unless the residential parent	11376
has presented the school official or employee, the board of	11377
education of the school, or the governing body of the chartered	11378
nonpublic school with a copy of an order issued under division	11379
(J)(1) of this section that limits the terms and conditions under	11380
which the parent who is not the residential parent is to have	11381
access to student activities related to the child and the order	11382
pertains to the student activity in question. If the residential	11383
parent presents the school official or employee, the board of	11384
education of the school, or the governing body of the chartered	11385
nonpublic school with a copy of that type of order, the school	11386
official or employee shall permit the parent who is not the	11387
residential parent to have access to the student activity only in	11388
accordance with the most recent order that has been issued	11389
pursuant to division (J)(1) of this section and presented to the	11390
school official or employee, the board of education of the school,	11391
or the governing body of the chartered nonpublic school by the	11392
residential parent or the parent who is not the residential	11393
parent. Any school official or employee who knowingly fails to	11394
comply with division (J) of this section or with any order issued	11395
pursuant to division (J)(1) of this section is in contempt of	11396
court.	11397

(K) If any person is found in contempt of court for failing	11398
to comply with or interfering with any order or decree granting	11399
parenting time rights issued pursuant to this section or section	11400
3109.12 of the Revised Code or companionship or visitation rights	11401
issued pursuant to this section, section 3109.11 or 3109.12 of the	11402
Revised Code, or any other provision of the Revised Code, the	11403
court that makes the finding, in addition to any other penalty or	11404
remedy imposed, shall assess all court costs arising out of the	11405
contempt proceeding against the person and require the person to	11406
pay any reasonable attorney's fees of any adverse party, as	11407
determined by the court, that arose in relation to the act of	11408
contempt, and may award reasonable compensatory parenting time or	11409
visitation to the person whose right of parenting time or	11410
visitation was affected by the failure or interference if such	11411
compensatory parenting time or visitation is in the best interest	11412
of the child. Any compensatory parenting time or visitation	11413
awarded under this division shall be included in an order issued	11414
by the court and, to the extent possible, shall be governed by the	11415
same terms and conditions as was the parenting time or visitation	11416
that was affected by the failure or interference.	11417

(L) Any parent who requests reasonable parenting time rights	11418
with respect to a child under this section or section 3109.12 of	11419
the Revised Code or any person who requests reasonable	11420
companionship or visitation rights with respect to a child under	11421
this section, section 3109.11 or 3109.12 of the Revised Code, or	11422
any other provision of the Revised Code may file a motion with the	11423
court requesting that it waive all or any part of the costs that	11424
may accrue in the proceedings. If the court determines that the	11425
movant is indigent and that the waiver is in the best interest of	11426
the child, the court, in its discretion, may waive payment of all	11427
or any part of the costs of those proceedings.	11428

(M) The juvenile court has exclusive jurisdiction to enter	11429
the orders in any case certified to it from another court.	11430

(N) As used in this section:

11431

(1) ~~"Abused child" has the same meaning as in section~~	11432
~~2151.031 of the Revised Code, and "neglected child" has the same~~	11433
~~meaning as in section 2151.03 of the Revised Code.~~	11434

~~(2)~~ "Record" means any record, document, file, or other	11435
material that contains information directly related to a child,	11436
including, but not limited to, any of the following:	11437

(a) Records maintained by public and nonpublic schools;

11438

(b) Records maintained by facilities that provide child care,	11439
as defined in section 5104.01 of the Revised Code, publicly funded	11440
child care, as defined in section 5104.01 of the Revised Code, or	11441
pre-school services operated by or under the supervision of a	11442
school district board of education or a nonpublic school;	11443

(c) Records maintained by hospitals, other facilities, or	11444
persons providing medical or surgical care or treatment for the	11445
child;	11446

(d) Records maintained by agencies, departments,	11447
instrumentalities, or other entities of the state or any political	11448
subdivision of the state, other than a child support enforcement	11449
agency. Access to records maintained by a child support	11450
enforcement agency is governed by section 3125.16 of the Revised	11451
Code.	11452

~~(3)~~(2) "Confidential law enforcement investigatory record"	11453
has the same meaning as in section 149.43 of the Revised Code.	11454

Sec. 3109.052. (A) If a proceeding for divorce, dissolution,	11455
legal separation, annulment, or the allocation of parental rights	11456
and responsibilities for the care of a child involves one or more	11457
children, if the parents of the children do not agree upon an	11458
appropriate allocation of parental rights and responsibilities for	11459
the care of their children or do not agree upon a specific	11460
schedule of parenting time for their children, the court may order	11461
the parents to mediate their differences on those matters in	11462
accordance with mediation procedures adopted by the court by local	11463
rule. When the court determines whether mediation is appropriate	11464
in any proceeding, it shall consider whether either parent	11465
previously has been convicted of or pleaded guilty to a violation	11466
of section 2919.25 of the Revised Code involving a victim who at	11467
the time of the commission of the offense was a member of the	11468
family or household that is the subject of the proceeding, whether	11469
either parent previously has been convicted of or pleaded guilty	11470
to an offense involving a victim who at the time of the commission	11471
of the offense was a member of the family or household that is the	11472
subject of the proceeding and caused physical harm to the victim	11473
in the commission of the offense, and whether either parent has	11474
been determined to be the perpetrator of the ~~abusive~~ act or	11475
omission that is the basis of an adjudication that a child is an	11476
abused child or a child in need of protective services. If either	11477
parent has been convicted of or pleaded guilty to a violation of	11478
section 2919.25 of the Revised Code involving a victim who at the	11479
time of the commission of the offense was a member of the family	11480
or household that is the subject of the proceeding, has been	11481
convicted of or pleaded guilty to any other offense involving a	11482
victim who at the time of the commission of the offense was a	11483
member of the family or household that is the subject of the	11484
proceeding and caused physical harm to the victim in the	11485
commission of the offense, or has been determined to be the	11486
perpetrator of the ~~abusive~~ act or omission that is the basis of an	11487
adjudication that a child is an abused child or a child in need of	11488
protective services, the court may order mediation only if the	11489
court determines that it is in the best interests of the parties	11490
to order mediation and makes specific written findings of fact to	11491
support its determination.	11492

If a court issues an order pursuant to this division	11493
requiring mediation, it also may order the parents to file a	11494
mediation report within a specified period of time and order the	11495
parents to pay the cost of mediation, unless either or both of the	11496
parents file a motion requesting that the court waive that	11497
requirement. Upon the filing of a motion requesting the waiver of	11498
that requirement, the court, for good cause shown, may waive the	11499
requirement that either or both parents pay the cost of mediation	11500
or may require one of the parents to pay the entire cost of	11501
mediation. Any mediation procedures adopted by local court rule	11502
for use under this division shall include, but are not limited to,	11503
provisions establishing qualifications for mediators who may be	11504
employed or used and provisions establishing standards for the	11505
conduct of the mediation.	11506

(B) If a mediation order is issued under division (A) of this	11507
section and the order requires the parents to file a mediation	11508
report, the mediator and each parent who takes part in mediation	11509
in accordance with the order jointly shall file a report of the	11510
results of the mediation process with the court that issued the	11511
order under that division. A mediation report shall indicate only	11512
whether agreement has been reached on any of the issues that were	11513
the subject of the mediation, and, if agreement has been reached,	11514
the content and details of the agreement. No mediation report	11515
shall contain any background information concerning the mediation	11516
process or any information discussed or presented in the process.	11517
The court shall consider the mediation report when it allocates	11518
parental rights and responsibilities for the care of children	11519
under section 3109.04 of the Revised Code and when it establishes	11520
a specific schedule of parenting time under section 3109.051 of	11521
the Revised Code. The court is not bound by the mediation report	11522
and shall consider the best interest of the children when making	11523
that allocation or establishing the parenting time schedule.	11524

(C) If a mediation order is issued under division (A) of this	11525
section, the mediator shall not be made a party to, and shall not	11526
be called as a witness or testify in, any action or proceeding,	11527
other than a criminal,or delinquency~~, child abuse, child neglect,~~	11528
~~or dependent child~~ action or proceeding, or an action or	11529
proceeding concerning a child in need of protective services, that	11530
is brought by or against either parent and that pertains to the	11531
mediation process, to any information discussed or presented in	11532
the mediation process, to the allocation of parental rights and	11533
responsibilities for the care of the parents' children, or to the	11534
awarding of parenting time rights in relation to their children.	11535
The mediator shall not be made a party to, or be called as a	11536
witness or testify in, such an action or proceeding even if both	11537
parents give their prior consent to the mediator being made a	11538
party to or being called as a witness or to testify in the action	11539
or proceeding.	11540

(D) Division (A) of this section does not apply to either of	11541
the following:	11542

(1) Any proceeding, or the use of mediation in any proceeding	11543
that is not a proceeding for divorce, dissolution, legal	11544
separation, annulment, or the allocation of parental rights and	11545
responsibilities for the care of a child;	11546

(2) The use of mediation in any proceeding for divorce,	11547
dissolution, legal separation, annulment, or the allocation of	11548
parental rights and responsibilities for the care of a child, in	11549
relation to issues other than the appropriate allocation of	11550
parental rights and responsibilities for the care of the parents'	11551
children and other than a specific parenting time schedule for the	11552
parents' children.	11553

Sec. 3109.11. If either the father or mother of an unmarried	11554
minor child is deceased, the court of common pleas of the county	11555
in which the minor child resides may grant the parents and other	11556
relatives of the deceased father or mother reasonable	11557
companionship or visitation rights with respect to the minor child	11558
during the child's minority if the parent or other relative files	11559
a complaint requesting reasonable companionship or visitation	11560
rights and if the court determines that the granting of the	11561
companionship or visitation rights is in the best interest of the	11562
minor child. In determining whether to grant any person reasonable	11563
companionship or visitation rights with respect to any child, the	11564
court shall consider all relevant factors, including, but not	11565
limited to, the factors set forth in division (D) of section	11566
3109.051 of the Revised Code. Divisions (C), (K), and (L) of	11567
section 3109.051 of the Revised Code apply to the determination of	11568
reasonable companionship or visitation rights under this section	11569
and to any order granting any such rights that is issued under	11570
this section.	11571

The remarriage of the surviving parent of the child or the	11572
adoption of the child by the spouse of the surviving parent of the	11573
child does not affect the authority of the court under this	11574
section to grant reasonable companionship or visitation rights	11575
with respect to the child to a parent or other relative of the	11576
child's deceased father or mother.	11577

If the court denies a request for reasonable companionship or	11578
visitation rights made pursuant to this section and the	11579
complainant files a written request for findings of fact and	11580
conclusions of law, the court shall state in writing its findings	11581
of fact and conclusions of law in accordance with Civil Rule 52.	11582

Except as provided in division (E)(6) of section 3113.31 of	11583
the Revised Code, if the court, pursuant to this section, grants	11584
any person companionship or visitation rights with respect to any	11585
child, it shall not require the public children services agency to	11586
provide supervision of or other services related to that person's	11587
exercise of companionship or visitation rights with respect to the	11588
child. This section does not limit the power of a juvenile court	11589
pursuant to Chapter 2151. of the Revised Code to issue orders with	11590
respect to children who are alleged to be ~~abused, neglected, or~~	11591
~~dependent~~ children in need of protective services or to make	11592
dispositions of children who are adjudicated ~~abused, neglected, or~~	11593
~~dependent~~ children in need of protective services or of a common	11594
pleas court to issue orders pursuant to section 3113.31 of the	11595
Revised Code.	11596

Sec. 3109.12. (A) If a child is born to an unmarried woman,	11597
the parents of the woman and any relative of the woman may file a	11598
complaint requesting the court of common pleas of the county in	11599
which the child resides to grant them reasonable companionship or	11600
visitation rights with the child. If a child is born to an	11601
unmarried woman and if the father of the child has acknowledged	11602
the child and that acknowledgment has become final pursuant to	11603
section 2151.232, 3111.25, or 3111.821 of the Revised Code or has	11604
been determined in an action under Chapter 3111. of the Revised	11605
Code to be the father of the child, the father may file a	11606
complaint requesting that the court of appropriate jurisdiction of	11607
the county in which the child resides grant him reasonable	11608
parenting time rights with the child and the parents of the father	11609
and any relative of the father may file a complaint requesting	11610
that the court grant them reasonable companionship or visitation	11611
rights with the child.	11612

(B) The court may grant the parenting time rights or	11613
companionship or visitation rights requested under division (A) of	11614
this section, if it determines that the granting of the parenting	11615
time rights or companionship or visitation rights is in the best	11616
interest of the child. In determining whether to grant reasonable	11617
parenting time rights or reasonable companionship or visitation	11618
rights with respect to any child, the court shall consider all	11619
relevant factors, including, but not limited to, the factors set	11620
forth in division (D) of section 3109.051 of the Revised Code.	11621
Divisions (C), (K), and (L) of section 3109.051 of the Revised	11622
Code apply to the determination of reasonable parenting time	11623
rights or reasonable companionship or visitation rights under this	11624
section and to any order granting any such rights that is issued	11625
under this section.	11626

The marriage or remarriage of the mother or father of a child	11627
does not affect the authority of the court under this section to	11628
grant the natural father reasonable parenting time rights or the	11629
parents or relatives of the natural father or the parents or	11630
relatives of the mother of the child reasonable companionship or	11631
visitation rights with respect to the child.	11632

If the court denies a request for reasonable parenting time	11633
rights or reasonable companionship or visitation rights made	11634
pursuant to division (A) of this section and the complainant files	11635
a written request for findings of fact and conclusions of law, the	11636
court shall state in writing its findings of fact and conclusions	11637
of law in accordance with Civil Rule 52.	11638

Except as provided in division (E)(6) of section 3113.31 of	11639
the Revised Code, if the court, pursuant to this section, grants	11640
parenting time rights or companionship or visitation rights with	11641
respect to any child, it shall not require the public children	11642
services agency to provide supervision of or other services	11643
related to that parent's exercise of parenting time rights with	11644
the child or that person's exercise of companionship or visitation	11645
rights with the child. This section does not limit the power of a	11646
juvenile court pursuant to Chapter 2151. of the Revised Code to	11647
issue orders with respect to children who are alleged to be	11648
~~abused, neglected, or dependent~~ children in need of protective	11649
services or to make dispositions of children who are adjudicated	11650
~~abused, neglected, or dependent~~ children in need of protective	11651
services or of a common pleas court to issue orders pursuant to	11652
section 3113.31 of the Revised Code.	11653

Sec. 3109.13. As used in sections 3109.13 to 3109.18 of the	11654
Revised Code:	11655

(A) "~~Child abuse and child neglect prevention programs~~	11656
Programs for the prevention of children becoming children in need	11657
of protective services" means programs that use primary and	11658
secondary prevention strategies that are conducted at the local	11659
level and activities and projects of statewide significance	11660
designed to strengthen families and prevent ~~child abuse and child~~	11661
~~neglect~~acts and omissions that cause a child to be a child in	11662
need of protective services.	11663

(B) "Primary prevention strategies" are activities and	11664
services provided to the public designed to prevent or reduce the	11665
prevalence of ~~child abuse and child neglect~~acts and omissions	11666
that cause a child to be a child in need of protective services	11667
before signs of ~~abuse or neglect~~such acts or omissions can be	11668
observed.	11669

(C) "Secondary prevention strategies" are activities and	11670
services that are provided to a specific population identified as	11671
having risk factors for ~~child abuse and child neglect~~being the	11672
victim of an act or omission that would cause a child to be a	11673
child in need of protective services and are designed to intervene	11674
at the earliest warning signs of ~~child abuse or child neglect~~such	11675
acts or omissions, or whenever a child can be identified as being	11676
at risk of ~~abuse or neglect~~being a victim of such an act or	11677
omission.	11678

Sec. 3109.15. There is hereby created within the department	11679
of job and family services the children's trust fund board	11680
consisting of fifteen members. The directors of alcohol and drug	11681
addiction services, health, and job and family services shall be	11682
members of the board. Eight public members shall be appointed by	11683
the governor. These members shall be persons with demonstrated	11684
knowledge in programs for children, shall be representative of the	11685
demographic composition of this state, and, to the extent	11686
practicable, shall be representative of the following categories:	11687
the educational community; the legal community; the social work	11688
community; the medical community; the voluntary sector; and	11689
professional providers of ~~child abuse and child neglect~~ services	11690
for children in need of protective services. Five of these members	11691
shall be residents of metropolitan statistical areas as defined by	11692
the United States office of management and budget where the	11693
population exceeds four hundred thousand; no two such members	11694
shall be residents of the same metropolitan statistical area. Two	11695
members of the board shall be members of the house of	11696
representatives appointed by the speaker of the house of	11697
representatives and shall be members of two different political	11698
parties. Two members of the board shall be members of the senate	11699
appointed by the president of the senate and shall be members of	11700
two different political parties. All members of the board	11701
appointed by the speaker of the house of representatives or the	11702
president of the senate shall serve until the expiration of the	11703
sessions of the general assembly during which they were appointed.	11704
They may be reappointed to an unlimited number of successive terms	11705
of two years at the pleasure of the speaker of the house of	11706
representatives or president of the senate. Public members shall	11707
serve terms of three years. Each member shall serve until the	11708
member's successor is appointed, or until a period of sixty days	11709
has elapsed, whichever occurs first. No public member may serve	11710
more than two consecutive full terms. All vacancies on the board	11711
shall be filled for the balance of the unexpired term in the same	11712
manner as the original appointment.	11713

Any member of the board may be removed by the member's	11714
appointing authority for misconduct, incompetency, or neglect of	11715
duty after first being given the opportunity to be heard in the	11716
member's own behalf. Pursuant to section 3.17 of the Revised	11717
Code, a member, except a member of the general assembly or a judge	11718
of any court in the state, who fails to attend at least	11719
three-fifths of the regular and special meetings held by the board	11720
during any two-year period forfeits the member's position on the	11721
board.	11722

Each member of the board shall serve without compensation but	11723
shall be reimbursed for all actual and necessary expenses incurred	11724
in the performance of official duties.	11725

At the beginning of the first year of each even-numbered	11726
general assembly, the chairperson of the board shall be appointed	11727
by the speaker of the house of representatives from among members	11728
of the board who are members of the house of representatives. At	11729
the beginning of the first year of each odd-numbered general	11730
assembly, the chairperson of the board shall be appointed by the	11731
president of the senate from among the members of the board who	11732
are senate members.	11733

The board shall biennially select a vice-chair from among its	11734
nonlegislative members.	11735

Sec. 3109.16. The children's trust fund board, upon the	11736
recommendation of the director of job and family services, shall	11737
approve the employment of an executive director who will	11738
administer the programs of the board. The department of job and	11739
family services shall provide budgetary, procurement, accounting,	11740
and other related management functions for the board and may adopt	11741
rules in accordance with Chapter 119. of the Revised Code for	11742
these purposes. An amount not to exceed three per cent of the	11743
total amount of fees deposited in the children's trust fund in	11744
each fiscal year may be used for costs directly related to these	11745
administrative functions of the department. Each fiscal year, the	11746
board shall approve a budget for administrative expenditures for	11747
the next fiscal year.	11748

The board shall meet at least quarterly at the call of the	11749
chairperson to conduct its official business. All business	11750
transactions of the board shall be conducted in public meetings.	11751
Eight members of the board constitute a quorum. A majority of the	11752
board members is required to adopt the state plan for the	11753
allocation of funds from the children's trust fund. A majority of	11754
the quorum is required to make all other decisions of the board.	11755

The board may apply for and accept federal and other funds	11756
for the purpose of funding ~~child abuse and child neglect~~	11757
~~prevention~~ programs for the prevention of children becoming	11758
children in need of protective services. In addition, the board	11759
may accept gifts and donations from any source, including	11760
individuals, philanthropic foundations or organizations,	11761
corporations, or corporation endowments. The acceptance and use of	11762
federal funds shall not entail any commitment or pledge of state	11763
funds, nor obligate the general assembly to continue the programs	11764
or activities for which the federal funds are made available. All	11765
funds received in the manner described in this section shall be	11766
transmitted to the treasurer of state, who shall credit them to	11767
the children's trust fund created in section 3109.14 of the	11768
Revised Code.	11769

Sec. 3109.17. (A) For each fiscal biennium, the children's	11770
trust fund board shall establish a biennial state plan for	11771
comprehensive ~~child abuse and child neglect~~ prevention of children	11772
becoming children in need of protective services. The plan shall	11773
be transmitted to the governor, the president and minority leader	11774
of the senate, and the speaker and minority leader of the house of	11775
representatives and shall be made available to the general public.	11776
The board may define in the state plan the term "effective public	11777
notice." If the board does not define that term in the state plan,	11778
the board shall include in the state plan the definition of	11779
"effective public notice" specified in rules adopted by the	11780
department of job and family services.	11781

(B) In developing and carrying out the state plan, the	11782
children's trust fund board shall, in accordance with rules	11783
adopted by the department pursuant to Chapter 119. of the Revised	11784
Code, do all of the following:	11785

(1) Ensure that an opportunity exists for assistance through	11786
~~child abuse and child neglect prevention~~ programs for the	11787
prevention of children becoming children in need of protective	11788
services to persons throughout the state of various social and	11789
economic backgrounds;	11790

(2) Before the thirtieth day of October of each year, notify	11791
each ~~child abuse and child neglect prevention~~ advisory board for	11792
the prevention of children becoming children in need of protective	11793
services of the amount estimated to be allocated to that advisory	11794
board for the following fiscal year;	11795

(3) Develop criteria for county or district local allocation	11796
plans, including criteria for determining the plans'	11797
effectiveness;	11798

(4) Review, and approve or disapprove, county or district	11799
local allocation plans, as described in section 3109.171 of the	11800
Revised Code;	11801

(5) Allocate funds to each ~~child abuse and child neglect~~	11802
~~prevention~~ advisory board for the prevention of children becoming	11803
children in need of protective services for the purpose of funding	11804
~~child abuse and child neglect prevention~~ programs for the	11805
prevention of children becoming children in need of protective	11806
services. Funds shall be allocated among advisory boards according	11807
to a formula based on the ratio of the number of children under	11808
age eighteen in the county or multicounty district to the number	11809
of children under age eighteen in the state, as shown in the most	11810
recent federal decennial census of population. Subject to the	11811
availability of funds and except as provided in section 3109.171	11812
of the Revised Code, each advisory board shall receive a minimum	11813
of ten thousand dollars per fiscal year. In the case of an	11814
advisory board that serves a multicounty district, the advisory	11815
board shall receive, subject to available funds and except as	11816
provided in section 3109.171 of the Revised Code, a minimum of ten	11817
thousand dollars per fiscal year for each county in the district.	11818
Funds shall be disbursed to the advisory boards twice annually. At	11819
least fifty per cent of the funds allocated to an advisory board	11820
for a fiscal year shall be disbursed to the advisory board not	11821
later than the thirtieth day of September. The remainder of the	11822
funds allocated to the advisory board for that fiscal year shall	11823
be disbursed before the thirty-first day of March.	11824

The board shall specify the criteria ~~child abuse and child~~	11825
~~neglect prevention~~ advisory boards for the prevention of children	11826
becoming children in need of protective services are to use in	11827
reviewing applications under division (F)(3) of section 3109.18 of	11828
the Revised Code.	11829

(6) Allocate funds to entities other than ~~child abuse and~~	11830
~~child neglect prevention~~ advisory boards for the prevention of	11831
children becoming children in need of protective services for the	11832
purpose of funding ~~child abuse and child neglect prevention~~	11833
programs for the prevention of children becoming children in need	11834
of protective services that have statewide significance and that	11835
have been approved by the children's trust fund board;	11836

(7) Provide for the monitoring of expenditures from the	11837
children's trust fund and of programs that receive money from the	11838
children's trust fund;	11839

(8) Establish reporting requirements for advisory boards;

11840

(9) Collaborate with appropriate persons and government	11841
entities and facilitate the exchange of information among those	11842
persons and entities for the ~~purpose of child abuse and child~~	11843
~~neglect~~ prevention of children becoming children in need of	11844
protective services;	11845

(10) Provide for the education of the public and	11846
professionals for the ~~purpose of child abuse and child neglect~~	11847
prevention of children becoming children in need of protective	11848
services;	11849

(11) Create and provide to each advisory board a children's	11850
trust fund grant application form;	11851

(12) Specify the information to be included in a semiannual	11852
and an annual report completed by a children's advocacy center for	11853
which ~~a child abuse and child neglect prevention~~an advisory board	11854
for the prevention of children becoming children in need of	11855
protective services uses funds allocated to the advisory board	11856
under section 3109.172 of the Revised Code, and each other person	11857
or entity that is a recipient of a children's trust fund grant	11858
under division (K)(1) of section 3109.18 of the Revised Code.	11859

(C) The children's trust fund board shall prepare a report	11860
for each fiscal biennium that delineates the expenditure of money	11861
from the children's trust fund. On or before January 1, 2002, and	11862
on or before the first day of January of a year that follows the	11863
end of a fiscal biennium of this state, the board shall file a	11864
copy of the report with the governor, the president and minority	11865
leader of the senate, and the speaker and minority leader of the	11866
house of representatives.	11867

(D) The children's trust fund board shall develop a list of	11868
all state and federal sources of funding that might be available	11869
for establishing, operating, or establishing and operating a	11870
children's advocacy center under sections 2151.425 to 2151.428 of	11871
the Revised Code. The board periodically shall update the list as	11872
necessary. The board shall maintain, or provide for the	11873
maintenance of, the list at an appropriate location. That location	11874
may be the offices of the department of job and family services.	11875
The board shall provide the list upon request to any children's	11876
advocacy center or to any person or entity identified in section	11877
2151.426 of the Revised Code as a person or entity that may	11878
participate in the establishment of a children's advocacy center.	11879

Sec. 3109.171. (A) On receipt of a local allocation plan	11880
from ~~a child abuse and child neglect prevention~~an advisory board	11881
for the prevention of children becoming children in need of	11882
protective services submitted pursuant to division (F)(1) of	11883
section 3109.18 of the Revised Code, the children's trust fund	11884
board may do either of the following:	11885

(1) Approve the plan;

11886

(2) Require that the advisory board make changes to the plan	11887
and submit an amended plan to the board.	11888

(B) If an advisory board fails to submit to the children's	11889
trust fund board a local allocation plan pursuant to division	11890
(F)(1) of section 3109.18 of the Revised Code that is postmarked	11891
on or before the first day of April preceding the fiscal year for	11892
which the plan is developed, if an advisory board fails to submit	11893
an amended plan pursuant to division (A)(2) of this section, or if	11894
a plan or an amended plan submitted by an advisory board is not	11895
approved by the children's trust fund board, the children's trust	11896
fund board may do either of the following for the fiscal year for	11897
which the plan was to have been developed:	11898

(1) Deny funding to the advisory board;

11899

(2) Allocate a reduced amount of funds to the advisory board,	11900
on a pro-rata daily basis.	11901

(C) If an advisory board fails to submit to the children's	11902
trust fund board an annual report pursuant to division (K)(2) of	11903
section 3109.18 of the Revised Code not later than the fifteenth	11904
day of August following the year for which the report is written,	11905
the board, for the following fiscal year, may allocate a reduced	11906
amount of funds to the advisory board on a pro-rata daily basis.	11907

Sec. 3109.172. (A)(1) Each ~~child abuse and child neglect~~	11908
~~prevention~~ advisory board for the prevention of children becoming	11909
children in need of protective services may request from the	11910
children's trust fund board funds in addition to the funds	11911
allocated to the advisory board under section 3109.17 of the	11912
Revised Code to be used as one-time, start-up costs for the	11913
establishment and operation of a children's advocacy center as	11914
follows:	11915

(a) If the advisory board serves a single county, the board	11916
may request an amount not to exceed five thousand dollars as	11917
one-time, start-up costs for the establishment and operation of a	11918
children's advocacy center that serves the county.	11919

(b) If the advisory board serves a multicounty district, for	11920
each county within the district, the advisory board may request an	11921
amount not to exceed five thousand dollars as one-time, start-up	11922
costs for the establishment and operation of a children's advocacy	11923
center that serves the county in relation to which the use is	11924
being made.	11925

(2) Expenditures may be made under division (A)(1) of this	11926
section for a children's advocacy center that is established to	11927
serve a single county or that is established to serve two or more	11928
contiguous counties, provided that the county in relation to which	11929
the expenditure is made is served by the center for which the	11930
advisory board uses the amount as one-time, start-up costs.	11931

(B) Each children's advocacy center may annually request from	11932
the children's trust fund board funds in addition to the funds	11933
allocated to the advisory board under section 3109.17 of the	11934
Revised Code to conduct primary prevention strategies.	11935

(C) On receipt of a request made pursuant to this section,	11936
the children's trust fund board shall review and approve or	11937
disapprove the request. If the board disapproves the request, the	11938
board shall send to the requestor written notice of the	11939
disapproval that states the reasons for the disapproval.	11940

(D) No funds allocated to ~~a child abuse and child neglect~~	11941
~~prevention~~an advisory board for the prevention of children	11942
becoming children in need of protective services under this	11943
section may be used as start-up costs for any children's advocacy	11944
center unless the center has as a component a primary prevention	11945
strategy.	11946

No ~~child abuse and child neglect~~ advisory board for the	11947
prevention of children becoming children in need of protective	11948
services that serves a single county and that, in any fiscal year,	11949
uses funds allocated under this section as start-up costs for a	11950
children's advocacy center may use any amount out of any funds so	11951
allocated to the advisory board for the same center in a different	11952
fiscal year or for a different center in any fiscal year. No ~~child~~	11953
~~abuse and child neglect~~ advisory board for the prevention of	11954
children becoming children in need of protective services that	11955
serves a multicounty district and that, in any fiscal year, uses	11956
funds so allocated to the advisory board as start-up costs of a	11957
children's advocacy center in relation to a particular county	11958
within the district may use any amount out of any funds so	11959
allocated to the advisory board, in relation to the same county,	11960
for the same center in a different fiscal year or for a different	11961
center in any fiscal year.	11962

Sec. 3109.18. (A)(1) A board of county commissioners may	11963
establish ~~a child abuse and child neglect prevention~~an advisory	11964
board for the prevention of children becoming children in need of	11965
protective services or may designate the county family and	11966
children first council to serve as the ~~child abuse and child~~	11967
~~neglect prevention~~ advisory board for the prevention of children	11968
becoming children in need of protective services. The boards of	11969
county commissioners of two or more contiguous counties may	11970
instead form a multicounty district to be served by ~~a child abuse~~	11971
~~and child neglect prevention~~an advisory board for the prevention	11972
of children becoming children in need of protective services or	11973
may designate a regional family and children first council to	11974
serve as the district ~~child abuse and child neglect prevention~~	11975
advisory board for the prevention of children becoming children	11976
in need of protective services. Each advisory board shall meet at	11977
least twice a year.	11978

(2) The county auditor is hereby designated as the auditor	11979
and fiscal officer of the advisory board. In the case of a	11980
multicounty district, the boards of county commissioners that	11981
formed the district shall designate the auditor of one of the	11982
counties as the auditor and fiscal officer of the advisory board.	11983

(B) Each county that establishes an advisory board or, in a	11984
multicounty district, the auditor who has been designated as the	11985
auditor and fiscal officer of the advisory board, shall establish	11986
a fund in the county treasury known as the county or district	11987
children's trust fund. The auditor shall deposit all funds	11988
received from the children's trust fund board into that fund, and	11989
the auditor shall distribute money from the fund at the request of	11990
the advisory board.	11991

(C) Each January, the board of county commissioners of a	11992
county that has established an advisory board or, in a multicounty	11993
district, the board of county commissioners of the county served	11994
by the auditor who has been designated as the auditor and fiscal	11995
officer for the advisory board, shall appropriate the amount	11996
described in division (B)(2) of section 3109.17 of the Revised	11997
Code for distribution by the advisory board to ~~child abuse and~~	11998
~~child neglect prevention~~ programs for the prevention of children	11999
becoming children in need of protective services.	12000

(D)(1) Except in the case of a county or regional family and	12001
children first council that is designated to serve as ~~a child~~	12002
~~abuse and child neglect prevention~~an advisory board for the	12003
prevention of children becoming children in need of protective	12004
services, each advisory board shall consist of an odd number of	12005
members from both the public and private sectors, including all of	12006
the following:	12007

(a) A representative of an agency responsible for the	12008
administration of children's services in the county or district;	12009

(b) A provider of alcohol or drug addiction services or a	12010
representative of a board of alcohol, drug addiction, and mental	12011
health services that serves the county or district;	12012

(c) A provider of mental health services or a representative	12013
of a board of alcohol, drug addiction, and mental health services	12014
that serves the county or district;	12015

(d) A representative of a county board of developmental	12016
disabilities that serves the county or district;	12017

(e) A representative of the educational community appointed	12018
by the superintendent of the school district with largest	12019
enrollment in the county or multicounty district.	12020

(2) The following groups and entities may be represented on	12021
the advisory board:	12022

(a) Parent groups;

12023

(b) Juvenile justice officials;

12024

(c) Pediatricians, health department nurses, and other	12025
representatives of the medical community;	12026

(d) School personnel;

12027

(e) Counselors and social workers;

12028

(f) Head start agencies;

12029

(g) Child care providers;

12030

(h) Other persons with demonstrated knowledge in programs for	12031
children.	12032

(3) Of the members first appointed, at least one shall serve	12033
for a term of three years, at least one for a term of two years,	12034
and at least one for a term of one year. Thereafter, each member	12035
shall serve a term of three years. Each member shall serve until	12036
the member's successor is appointed. All vacancies on the board	12037
shall be filled for the balance of the unexpired term in the same	12038
manner as the original appointment.	12039

(E) Each ~~child abuse and child neglect prevention~~ advisory	12040
board for the prevention of children becoming children in need of	12041
protective services may incur reasonable costs not to exceed five	12042
per cent of the funds allocated to the county or district under	12043
section 3109.17 of the Revised Code, for the purpose of carrying	12044
out the functions of the advisory board.	12045

(F) Each ~~child abuse and child neglect prevention~~ advisory	12046
board for the prevention of children becoming children in need of	12047
protective services shall do all of the following:	12048

(1) For each fiscal biennium, develop a local allocation plan	12049
for the purpose of preventing ~~child abuse and child neglect~~	12050
children becoming children in need of protective services and	12051
submit the plan to the children's trust fund board on or before	12052
the first day of April preceding the fiscal year for which the	12053
plan is developed;	12054

(2) Provide effective public notice, as defined by the	12055
children's trust fund board in the state plan or, if the board	12056
does not define the term in the state plan, as defined in rules	12057
adopted by the department of job and family services, to potential	12058
applicants about the availability of funds from the children's	12059
trust fund, including an estimate of the amount of money available	12060
for grants within each county or district, the date of at least	12061
one public hearing, information on obtaining a copy of the grant	12062
application form, and the deadline for submitting grant	12063
applications;	12064

(3) Review all applications received using criteria specified	12065
in the state plan adopted by the board under section 3109.17 of	12066
the Revised Code;	12067

(4) Consistent with the local allocation plan developed	12068
pursuant to division (F)(1) of this section, make grants to ~~child~~	12069
~~abuse and child neglect prevention~~ programs for the prevention of	12070
children becoming children in need of protective services.	12071

(5) Establish any reporting requirements for grant	12072
recipients, in addition to those specified by the children's trust	12073
fund board, and for children's advocacy centers for which funds	12074
are used in accordance with section 3109.172 of the Revised Code.	12075

(G) A member of ~~a child abuse and child neglect prevention~~an	12076
advisory board for the prevention of children becoming children in	12077
need of protective services shall not participate in the	12078
development of a local allocation plan under division (F)(1) of	12079
this section if it is reasonable to expect that the member's	12080
judgment could be affected by the member's own financial,	12081
business, property, or personal interest or other conflict of	12082
interest. For purposes of this division, "conflict of interest"	12083
means the taking of any action that violates any applicable	12084
provision of Chapter 102. or 2921. of the Revised Code. Questions	12085
relating to the existence of a conflict of interest pertaining to	12086
Chapter 2921. of the Revised Code shall be submitted by the	12087
advisory board to the local prosecuting attorney for resolution.	12088
Questions relating to the existence of a conflict of interest	12089
pertaining to Chapter 102. of the Revised Code shall be submitted	12090
by the advisory board to the Ohio ethics commission for	12091
resolution.	12092

(H) Each advisory board shall assist the children's trust	12093
fund board in monitoring programs that receive money from the	12094
children's trust fund and shall perform such other duties for the	12095
local administration of the children's trust fund as the	12096
children's trust fund board requires.	12097

(I) A children's advocacy center for which ~~a child abuse and~~	12098
~~child neglect prevention~~an advisory board for the prevention of	12099
children becoming children in need of protective services uses any	12100
amount out of the funds allocated to the advisory board under	12101
section 3109.172 of the Revised Code, as start-up costs for the	12102
establishment and operation of the center, shall use the moneys	12103
so received only for establishment and operation of the center in	12104
accordance with sections 2151.425 to 2151.428 of the Revised	12105
Code. Any other person or entity that is a recipient of a grant	12106
from the children's trust fund shall use the grant funds only to	12107
fund primary and secondary ~~child abuse and child neglect~~	12108
~~prevention~~ programs for the prevention of children becoming	12109
children in need of protective services. Any grant funds that are	12110
not spent by the recipient of the funds within the time specified	12111
by the terms of the grant shall be returned to the county	12112
treasurer. Any grant funds returned that are not redistributed by	12113
the advisory board within the state fiscal year in which they are	12114
received shall be returned to the treasurer of state. The	12115
treasurer of state shall deposit such unspent moneys into the	12116
children's trust fund to be spent for purposes consistent with	12117
the state plan adopted under section 3109.17 of the Revised Code.	12118

(J) Applications for grants from the children's trust fund	12119
shall be made to the advisory board on forms prescribed by the	12120
children's trust fund board.	12121

(K)(1) Each children's advocacy center for which ~~a child~~	12122
~~abuse and child neglect prevention~~an advisory board for the	12123
prevention of children becoming children in need of protective	12124
services uses any amount out of the funds allocated to the	12125
advisory board under section 3109.172 of the Revised Code, as	12126
start-up costs for the establishment and operation of the center,	12127
and each other person or entity that is a recipient of a	12128
children's trust fund grant from an advisory board shall file with	12129
the advisory board a copy of a semi-annual and an annual report	12130
that includes the information required by the children's trust	12131
fund board.	12132

(2) Each advisory board shall file with the children's trust	12133
fund board, not later than the fifteenth day of August following	12134
the year for which the report is written, a copy of an annual	12135
report regarding the county or district local allocation plan that	12136
contains the information required by the children's trust fund	12137
board, and regarding the advisory board's use of any amount out of	12138
the funds allocated to the advisory board under section 3109.172	12139
of the Revised Code as start-up costs for the establishment and	12140
operation of a children's advocacy center.	12141

Sec. 3109.46. If the court to which notice is sent under	12142
section 3109.44 of the Revised Code is a juvenile court that	12143
issued a custody order described in that section, the court shall	12144
retain jurisdiction over the order. If the court to which notice	12145
is sent is not a juvenile court but the court issued a custody	12146
order described in that section, the court shall transfer	12147
jurisdiction over the custody order to the juvenile court of the	12148
county in which the child has a residence or legal settlement.	12149

On receipt of the notice in cases in which the custody order	12150
was issued by a juvenile court or after jurisdiction is	12151
transferred, the juvenile court with jurisdiction shall terminate	12152
the custody order.	12153

The termination order shall be treated as a complaint filed	12154
under section 2151.27 of the Revised Code alleging the child	12155
subject of the custody order to be a ~~dependent~~ child in need of	12156
protective services. If a juvenile court issued the terminated	12157
custody order under a prior juvenile proceeding under Chapter	12158
2151. of the Revised Code in which the child was adjudicated an	12159
~~abused, neglected, dependent~~a child in need of protective	12160
services, an unruly, or delinquent child, or a juvenile traffic	12161
offender, the court shall treat the termination order as a new	12162
complaint.	12163

Sec. 3109.51. As used in sections 3109.52 to 3109.80 of the	12164
Revised Code:	12165

(A) "Child" means a person under eighteen years of age.

12166

(B) "Custodian" means an individual with legal custody of a	12167
child.	12168

(C) "Guardian" means an individual granted authority by a	12169
probate court pursuant to Chapter 2111. of the Revised Code to	12170
exercise parental rights over a child to the extent provided in	12171
the court's order and subject to the residual parental rights,	12172
privileges, and responsibilities of the child's parents.	12173

(D) "Legal custody" and "residual parental rights,	12174
privileges, and responsibilities" have the same meanings as in	12175
section ~~2151.011~~2151.03 of the Revised Code.	12176

Sec. 3109.53. To create a power of attorney under section	12177
3109.52 of the Revised Code, a parent, guardian, or custodian	12178
shall use a form that is identical in form and content to the	12179
following:	12180

POWER OF ATTORNEY	12181

I, the undersigned, residing at ..........., in the county of	12182
.........., state of .........., hereby appoint the child's	12183
grandparent, .........., residing at .........., in the county of	12184
..........., in the state of Ohio, with whom the child of whom I	12185
am the parent, guardian, or custodian is residing, my attorney in	12186
fact to exercise any and all of my rights and responsibilities	12187
regarding the care, physical custody, and control of the child,	12188
.........., born .........., having social security number	12189
(optional) .........., except my authority to consent to marriage	12190
or adoption of the child .........., and to perform all acts	12191
necessary in the execution of the rights and responsibilities	12192
hereby granted, as fully as I might do if personally present. The	12193
rights I am transferring under this power of attorney include the	12194
ability to enroll the child in school, to obtain from the school	12195
district educational and behavioral information about the child,	12196
to consent to all school-related matters regarding the child, and	12197
to consent to medical, psychological, or dental treatment for the	12198
child. This transfer does not affect my rights in any future	12199
proceedings concerning the custody of the child or the allocation	12200
of the parental rights and responsibilities for the care of the	12201
child and does not give the attorney in fact legal custody of the	12202
child. This transfer does not terminate my right to have regular	12203
contact with the child.	12204

I hereby certify that I am transferring the rights and	12205
responsibilities designated in this power of attorney because one	12206
of the following circumstances exists:	12207

(1) I am: (a) Seriously ill, incarcerated, or about to be	12208
incarcerated, (b) Temporarily unable to provide financial support	12209
or parental guidance to the child, (c) Temporarily unable to	12210
provide adequate care and supervision of the child because of my	12211
physical or mental condition, (d) Homeless or without a residence	12212
because the current residence is destroyed or otherwise	12213
uninhabitable, or (e) In or about to enter a residential treatment	12214
program for substance abuse;	12215

(2) I am a parent of the child, the child's other parent is	12216
deceased, and I have authority to execute the power of attorney;	12217
or	12218

(3) I have a well-founded belief that the power of attorney	12219
is in the child's best interest.	12220

I hereby certify that I am not transferring my rights and	12221
responsibilities regarding the child for the purpose of enrolling	12222
the child in a school or school district so that the child may	12223
participate in the academic or interscholastic athletic programs	12224
provided by that school or district.	12225

I understand that this document does not authorize a child	12226
support enforcement agency to redirect child support payments to	12227
the grandparent designated as attorney in fact. I further	12228
understand that to have an existing child support order modified	12229
or a new child support order issued administrative or judicial	12230
proceedings must be initiated.	12231

If there is a court order naming me the residential parent	12232
and legal custodian of the child who is the subject of this power	12233
of attorney and I am the sole parent signing this document, I	12234
hereby certify that one of the following is the case:	12235

(1) I have made reasonable efforts to locate and provide	12236
notice of the creation of this power of attorney to the other	12237
parent and have been unable to locate that parent;	12238

(2) The other parent is prohibited from receiving a notice of	12239
relocation; or	12240

(3) The parental rights of the other parent have been	12241
terminated by order of a juvenile court.	12242

This POWER OF ATTORNEY is valid until the occurrence of	12243
whichever of the following events occurs first: (1) one year	12244
elapses following the date this POWER OF ATTORNEY is notarized;	12245
(2) I revoke this POWER OF ATTORNEY in writing; (3) the child	12246
ceases to reside with the grandparent designated as attorney in	12247
fact; (4) this POWER OF ATTORNEY is terminated by court order; (5)	12248
the death of the child who is the subject of the power of	12249
attorney; or (6) the death of the grandparent designated as the	12250
attorney in fact.	12251

WARNING: DO NOT EXECUTE THIS POWER OF ATTORNEY IF ANY	12252
STATEMENT MADE IN THIS INSTRUMENT IS UNTRUE. FALSIFICATION IS A	12253
CRIME UNDER SECTION 2921.13 OF THE REVISED CODE, PUNISHABLE BY THE	12254
SANCTIONS UNDER CHAPTER 2929. OF THE REVISED CODE, INCLUDING A	12255
TERM OF IMPRISONMENT OF UP TO 6 MONTHS, A FINE OF UP TO $1,000, OR	12256
BOTH.	12257

Witness my hand this ...... day of ........., .....

12258

	.....................................		12259
	Parent/Custodian/Guardian's signature		12260
	...................................		12261
	Parent's signature		12262
	.....................................		12263
	Grandparent designated as attorney in fact		12264

State of Ohio )	12265

) ss:	12266

County of ................)	12267

Subscribed, sworn to, and acknowledged before me this ...... day	12268
of ........., .............	12269

	.....................................		12270
	Notary Public		12271

Notices:	12272

1.	A power of attorney may be executed only if one of the following circumstances exists: (1) The parent, guardian, or custodian of the child is: (a) Seriously ill, incarcerated, or about to be incarcerated; (b) Temporarily unable to provide financial support or parental guidance to the child; (c) Temporarily unable to provide adequate care and supervision of the child because of the parent's, guardian's, or custodian's physical or mental condition; (d) Homeless or without a residence because the current residence is destroyed or otherwise uninhabitable; or (e) In or about to enter a residential treatment program for substance abuse; (2) One of the child's parents is deceased and the other parent, with authority to do so, seeks to execute a power of attorney; or (3) The parent, guardian, or custodian has a well-founded belief that the power of attorney is in the child's best interest.	12273
2.	The signatures of the parent, guardian, or custodian of the child and the grandparent designated as the attorney in fact must be notarized by an Ohio notary public.	12274
3.	A parent, guardian, or custodian who creates a power of attorney must notify the parent of the child who is not the residential parent and legal custodian of the child unless one of the following circumstances applies: (a) the parent is prohibited from receiving a notice of relocation in accordance with section 3109.051 of the Revised Code of the creation of the power of attorney; (b) the parent's parental rights have been terminated by order of a juvenile court pursuant to Chapter 2151. of the Revised Code; (c) the parent cannot be located with reasonable efforts; (d) both parents are executing the power of attorney. The notice must be sent by certified mail not later than five days after the power of attorney is created and must state the name and address of the person designated as the attorney in fact.	12275
4.	A parent, guardian, or custodian who creates a power of attorney must file it with the juvenile court of the county in which the attorney in fact resides, or any other court that has jurisdiction over the child under a previously filed motion or proceeding. The power of attorney must be filed not later than five days after the date it is created and be accompanied by a receipt showing that the notice of creation of the power of attorney was sent to the parent who is not the residential parent and legal custodian by certified mail.	12276
5.	A parent, guardian, or custodian who creates a second or subsequent power of attorney regarding a child who is the subject of a prior power of attorney must file the power of attorney with the juvenile court of the county in which the attorney in fact resides or any other court that has jurisdiction over the child under a previously filed motion or proceeding. On filing, the court will schedule a hearing to determine whether the power of attorney is in the child's best interest.	12277
6.	This power of attorney does not affect the rights of the child's parents, guardian, or custodian regarding any future proceedings concerning the custody of the child or the allocation of the parental rights and responsibilities for the care of the child and does not give the attorney in fact legal custody of the child.	12278
7.	A person or entity that relies on this power of attorney, in good faith, has no obligation to make any further inquiry or investigation.	12279
8.	This power of attorney terminates on the occurrence of whichever of the following occurs first: (1) one year elapses following the date the power of attorney is notarized; (2) the power of attorney is revoked in writing by the person who created it; (3) the child ceases to live with the grandparent who is the attorney in fact; (4) the power of attorney is terminated by court order; (5) the death of the child who is the subject of the power of attorney; or (6) the death of the grandparent designated as the attorney in fact.	12280
	If this power of attorney terminates other than by the death of the attorney in fact, the grandparent who served as the attorney in fact shall notify, in writing, all of the following:	12281
	(a) Any schools, health care providers, or health insurance coverage provider with which the child has been involved through the grandparent;	12282
	(b) Any other person or entity that has an ongoing relationship with the child or grandparent such that the other person or entity would reasonably rely on the power of attorney unless notified of the termination;	12283
	(c) The court in which the power of attorney was filed after its creation; and	12284
	(d) The parent who is not the residential parent and legal custodian of the child who is required to be given notice of its creation. The grandparent shall make the notifications not later than one week after the date the power of attorney terminates.	12285
9.	If this power of attorney is terminated by written revocation of the person who created it, or the revocation is regarding a second or subsequent power of attorney, a copy of the revocation must be filed with the court with which that power of attorney was filed.	12286

Additional information:	12287

To the grandparent designated as attorney in fact:	12288

12289

1.	If the child stops living with you, you are required to notify, in writing, any school, health care provider, or health care insurance provider to which you have given this power of attorney. You are also required to notify, in writing, any other person or entity that has an ongoing relationship with you or the child such that the person or entity would reasonably rely on the power of attorney unless notified. The notification must be made not later than one week after the child stops living with you.	12290
2.	You must include with the power of attorney the following information:	12291
	(a) The child's present address, the addresses of the places where the child has lived within the last five years, and the name and present address of each person with whom the child has lived during that period;	12292
	(b) Whether you have participated as a party, a witness, or in any other capacity in any other litigation, in this state or any other state, that concerned the allocation, between the parents of the same child, of parental rights and responsibilities for the care of the child and the designation of the residential parent and legal custodian of the child or that otherwise concerned the custody of the same child;	12293
	(c) Whether you have information of any parenting proceeding concerning the child pending in a court of this or any other state;	12294
	(d) Whether you know of any person who has physical custody of the child or claims to be a parent of the child who is designated the residential parent and legal custodian of the child or to have parenting time rights with respect to the child or to be a person other than a parent of the child who has custody or visitation rights with respect to the child;	12295
	(e) Whether you previously have been convicted of or pleaded guilty to any criminal offense involving any act or omission that resulted in a child being an abused child or, a neglected child, or a child in need of protective services or previously have been determined, in a case in which a child has been adjudicated an abused child or, a neglected child, or a child in need of protective services, to be the perpetrator of the ~~abusive or neglectful~~ act or omission that was the basis of the adjudication.	12296

To school officials:	12297

1.	Except as provided in section 3313.649 of the Revised Code, this power of attorney, properly completed and notarized, authorizes the child in question to attend school in the district in which the grandparent designated as attorney in fact resides and that grandparent is authorized to provide consent in all school-related matters and to obtain from the school district educational and behavioral information about the child. This power of attorney does not preclude the parent, guardian, or custodian of the child from having access to all school records pertinent to the child.	12298
2.	The school district may require additional reasonable evidence that the grandparent lives in the school district.	12299
3.	A school district or school official that reasonably and in good faith relies on this power of attorney has no obligation to make any further inquiry or investigation.	12300

To health care providers:	12301

1.		A person or entity that acts in good faith reliance on a power of attorney to provide medical, psychological, or dental treatment, without actual knowledge of facts contrary to those stated in the power of attorney, is not subject to criminal liability or to civil liability to any person or entity, and is not subject to professional disciplinary action, solely for such reliance if the power of attorney is completed and the signatures of the parent, guardian, or custodian of the child and the grandparent designated as attorney in fact are notarized.		12302
2.		The decision of a grandparent designated as attorney in fact, based on a power of attorney, shall be honored by a health care facility or practitioner, school district, or school official.		12303

Sec. 3109.58. (A) As used in this section, "temporary	12304
custody," "permanent custody," and "planned permanent living	12305
arrangement" have the same meanings as in section ~~2151.011~~2151.03	12306
of the Revised Code.	12307

(B) A power of attorney created pursuant to section 3109.52	12308
of the Revised Code may not be executed with respect to a child	12309
while any of the following proceedings are pending regarding the	12310
child:	12311

(1) A proceeding for the appointment of a guardian for, or	12312
the adoption of, the child;	12313

(2) A juvenile proceeding in which one of the following	12314
applies:	12315

(a) The temporary, permanent, or legal custody of the child	12316
or the placement of the child in a planned permanent living	12317
arrangement has been requested.	12318

(b) The child is the subject of an ex parte emergency custody	12319
order issued under division (D) of section 2151.31 of the Revised	12320
Code, and no hearing has yet been held regarding the child under	12321
division (A) of section 2151.314 of the Revised Code.	12322

(c) The child is the subject of a temporary custody order	12323
issued under section 2151.33 of the Revised Code.	12324

(3) A proceeding for divorce, dissolution, legal separation,	12325
annulment, or allocation of parental rights and responsibilities	12326
regarding the child.	12327

Sec. 3109.66. The caretaker authorization affidavit that a	12328
grandparent described in section 3109.65 of the Revised Code may	12329
execute shall be identical in form and content to the following:	12330

CARETAKER AUTHORIZATION AFFIDAVIT	12331

Use of this affidavit is authorized by sections 3109.65 to 3109.73	12332
of the Ohio Revised Code.	12333

Completion of items 1-7 and the signing and notarization of this	12334
affidavit is sufficient to authorize the grandparent signing to	12335
exercise care, physical custody, and control of the child who is	12336
its subject, including authority to enroll the child in school, to	12337
discuss with the school district the child's educational progress,	12338
to consent to all school-related matters regarding the child, and	12339
to consent to medical, psychological, or dental treatment for the	12340
child.	12341

The child named below lives in my home, I am 18 years of age or	12342
older, and I am the child's grandparent.	12343

1.	Name of child:	12344
2.	Child's date and year of birth:	12345
3.	Child's social security number (optional):	12346
4.	My name:	12347
5.	My home address:	12348
6.	My date and year of birth:	12349
7.	My Ohio driver's license number or identification card number:	12350
8.	Despite having made reasonable attempts, I am either:	12351
	(a) Unable to locate or contact the child's parents, or the child's guardian or custodian; or	12352
	(b) ~~I am unable~~ Unable to locate or contact one of the child's parents and I am not required to contact the other parent because paternity has not been established; or	12353
	(c) ~~I am unable~~ Unable to locate or contact one of the child's parents and I am not required to contact the other parent because there is a custody order regarding the child and one of the following is the case:	12354
	(i) The parent has been prohibited from receiving notice of a relocation; or	12355
	(ii) The parental rights of the parent have been terminated.	12356
9.	I hereby certify that this affidavit is not being executed for the purpose of enrolling the child in a school or school district so that the child may participate in the academic or interscholastic athletic programs provided by that school or district.	12357
	I understand that this document does not authorize a child support enforcement agency to redirect child support payments. I further understand that to have an existing child support order modified or a new child support order issued administrative or judicial proceedings must be initiated.	12358

WARNING: DO NOT SIGN THIS FORM IF ANY OF THE ABOVE STATEMENTS ARE	12359
INCORRECT. FALSIFICATION IS A CRIME UNDER SECTION 2921.13 OF THE	12360
REVISED CODE, PUNISHABLE BY THE SANCTIONS UNDER CHAPTER 2929. OF	12361
THE REVISED CODE, INCLUDING A TERM OF IMPRISONMENT OF UP TO 6	12362
MONTHS, A FINE OF UP TO $1,000, OR BOTH.	12363

I declare that the foregoing is true and correct:	12364

Signed:.......................... Date:......................	12365

Grandparent	12366

State of Ohio )	12367

) ss:	12368

County of ................)	12369

Subscribed, sworn to, and acknowledged before me this ...... day	12370
of ........., .............	12371

	.....................................		12372
	Notary Public		12373

Notices:	12374

1.	The grandparent's signature must be notarized by an Ohio notary public.	12375
2.	The grandparent who executed this affidavit must file it with the juvenile court of the county in which the grandparent resides or any other court that has jurisdiction over the child under a previously filed motion or proceeding not later than five days after the date it is executed.	12376
3.	A grandparent who executes a second or subsequent caretaker authorization affidavit regarding a child who is the subject of a prior caretaker authorization affidavit must file the affidavit with the juvenile court of the county in which the grandparent resides or any other court that has jurisdiction over the child under a previously filed motion or proceeding. On filing, the court will schedule a hearing to determine whether the caretaker authorization affidavit is in the child's best interest.	12377
4.	This affidavit does not affect the rights of the child's parents, guardian, or custodian regarding the care, physical custody, and control of the child, and does not give the grandparent legal custody of the child.	12378
5.	A person or entity that relies on this affidavit, in good faith, has no obligation to make any further inquiry or investigation.	12379
6.	This affidavit terminates on the occurrence of whichever of the following occurs first: (1) one year elapses following the date the affidavit is notarized; (2) the child ceases to live with the grandparent who signs this form; (3) the parent, guardian, or custodian of the child acts to negate, reverse, or otherwise disapprove an action or decision of the grandparent who signed this affidavit; or (4) the affidavit is terminated by court order; (5) the death of the child who is the subject of the affidavit; or (6) the death of the grandparent who executed the affidavit.	12380
	A parent, guardian, or custodian may negate, reverse, or disapprove a grandparent's action or decision only by delivering written notice of negation, reversal, or disapproval to the grandparent and the person acting on the grandparent's action or decision in reliance on this affidavit.	12381
	If this affidavit terminates other than by the death of the grandparent, the grandparent who signed this affidavit shall notify, in writing, all of the following:	12382
	(a) Any schools, health care providers, or health insurance coverage provider with which the child has been involved through the grandparent;	12383
	(b) Any other person or entity that has an ongoing relationship with the child or grandparent such that the person or entity would reasonably rely on the affidavit unless notified of the termination;	12384
	(c) The court in which the affidavit was filed after its creation.	12385
	The grandparent shall make the notifications not later than one week after the date the affidavit terminates.	12386
7.	The decision of a grandparent to consent to or to refuse medical treatment or school enrollment for a child is superseded by a contrary decision of a parent, custodian, or guardian of the child, unless the decision of the parent, guardian, or custodian would jeopardize the life, health, or safety of the child.	12387

Additional information:	12388

To caretakers:	12389

1.	If the child stops living with you, you are required to notify, in writing, any school, health care provider, or health care insurance provider to which you have given this affidavit. You are also required to notify, in writing, any other person or entity that has an ongoing relationship with you or the child such that the person or entity would reasonably rely on the affidavit unless notified. The notifications must be made not later than one week after the child stops living with you.	12390
2.	If you do not have the information requested in item 7 (Ohio driver's license or identification card), provide another form of identification such as your social security number or medicaid number.	12391
3.	You must include with the caretaker authorization affidavit the following information:	12392
	(a) The child's present address, the addresses of the places where the child has lived within the last five years, and the name and present address of each person with whom the child has lived during that period;	12393
	(b) Whether you have participated as a party, a witness, or in any other capacity in any other litigation, in this state or any other state, that concerned the allocation, between the parents of the same child, of parental rights and responsibilities for the care of the child and the designation of the residential parent and legal custodian of the child or that otherwise concerned the custody of the same child;	12394
	(c) Whether you have information of any parenting proceeding concerning the child pending in a court of this or any other state;	12395
	(d) Whether you know of any person who has physical custody of the child or claims to be a parent of the child who is designated the residential parent and legal custodian of the child or to have parenting time rights with respect to the child or to be a person other than a parent of the child who has custody or visitation rights with respect to the child;	12396
	(e) Whether you previously have been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or, a neglected child, or a child in need of protective services or previously have been determined, in a case in which a child has been adjudicated an abused child or, a neglected child, or a child in need of protective services, to be the perpetrator of the ~~abusive or neglectful~~ act or omission that was the basis of the adjudication.	12397

To school officials:	12398

1.	This affidavit, properly completed and notarized, authorizes the child in question to attend school in the district in which the grandparent who signed this affidavit resides and the grandparent is authorized to provide consent in all school-related matters and to discuss with the school district the child's educational progress. This affidavit does not preclude the parent, guardian, or custodian of the child from having access to all school records pertinent to the child.	12399
2.	The school district may require additional reasonable evidence that the grandparent lives at the address provided in item 5.	12400
3.	A school district or school official that reasonably and in good faith relies on this affidavit has no obligation to make any further inquiry or investigation.	12401
4.	The act of a parent, guardian, or custodian of the child to negate, reverse, or otherwise disapprove an action or decision of the grandparent who signed this affidavit constitutes termination of this affidavit. A parent, guardian, or custodian may negate, reverse, or disapprove a grandparent's action or decision only by delivering written notice of negation, reversal, or disapproval to the grandparent and the person acting on the grandparent's action or decision in reliance on this affidavit.	12402

To health care providers:	12403

1.	A person or entity that acts in good faith reliance on a CARETAKER AUTHORIZATION AFFIDAVIT to provide medical, psychological, or dental treatment, without actual knowledge of facts contrary to those stated in the affidavit, is not subject to criminal liability or to civil liability to any person or entity, and is not subject to professional disciplinary action, solely for such reliance if the applicable portions of the form are completed and the grandparent's signature is notarized.	12404
2.	The decision of a grandparent, based on a CARETAKER AUTHORIZATION AFFIDAVIT, shall be honored by a health care facility or practitioner, school district, or school official unless the health care facility or practitioner or educational facility or official has actual knowledge that a parent, guardian, or custodian of a child has made a contravening decision to consent to or to refuse medical treatment for the child.	12405
3.	The act of a parent, guardian, or custodian of the child to negate, reverse, or otherwise disapprove an action or decision of the grandparent who signed this affidavit constitutes termination of this affidavit. A parent, guardian, or custodian may negate, reverse, or disapprove a grandparent's action or decision only by delivering written notice of negation, reversal, or disapproval to the grandparent and the person acting on the grandparent's action or decision in reliance on this affidavit.	12406

Sec. 3109.68. (A) As used in this section, "temporary	12407
custody," "permanent custody," and "planned permanent living	12408
arrangement" have the same meanings as in section ~~2151.011~~2151.03	12409
of the Revised Code.	12410

(B) A caretaker authorization affidavit may not be executed	12411
with respect to a child while any of the following proceedings are	12412
pending regarding the child:	12413

(1) A proceeding for the appointment of a guardian for, or	12414
the adoption of, the child;	12415

(2) A juvenile proceeding in which one of the following	12416
applies:	12417

(a) The temporary, permanent, or legal custody of the child	12418
or the placement of the child in a planned permanent living	12419
arrangement has been requested.	12420

(b) The child is the subject of an ex parte emergency custody	12421
order issued under division (D) of section 2151.31 of the Revised	12422
Code, and no hearing has yet been held regarding the child under	12423
division (A) of section 2151.314 of the Revised Code.	12424

(c) The child is the subject of a temporary custody order	12425
issued under section 2151.33 of the Revised Code.	12426

(3) A proceeding for divorce, dissolution, legal separation,	12427
annulment, or allocation of parental rights and responsibilities	12428
regarding the child.	12429

Sec. 3109.74. (A) A person who creates a power of attorney	12430
under section 3109.52 of the Revised Code or executes a caretaker	12431
authorization affidavit under section 3109.67 of the Revised Code	12432
shall file the power of attorney or affidavit with the juvenile	12433
court of the county in which the grandparent designated as	12434
attorney in fact or grandparent who executed the affidavit resides	12435
or any other court that has jurisdiction over the child under a	12436
previously filed motion or proceeding. The power of attorney or	12437
affidavit shall be filed not later than five days after the date	12438
it is created or executed and may be sent to the court by	12439
certified mail.	12440

(B) A power of attorney filed under this section shall be	12441
accompanied by a receipt showing that the notice of creation of	12442
the power of attorney was sent to the parent who is not the	12443
residential parent and legal custodian by certified mail under	12444
section 3109.55 of the Revised Code.	12445

(C)(1) The grandparent designated as attorney in fact or the	12446
grandparent who executed the affidavit shall include with the	12447
power of attorney or the caretaker authorization affidavit the	12448
information described in section 3109.27 of the Revised Code.	12449

(2) If the grandparent provides information that the	12450
grandparent previously has been convicted of or pleaded guilty to	12451
any criminal offense involving any act or omission that resulted	12452
in a child being an abused child or, a neglected child, or a child	12453
in need of protective services or previously has been determined,	12454
in a case in which a child has been adjudicated an abused child	12455
or, a neglected child, or a child in need of protective services,	12456
to be the perpetrator of the ~~abusive or neglectful~~ act or omission	12457
that was the basis of the adjudication, the court may report that	12458
information to the public children services agency pursuant to	12459
section 2151.421 of the Revised Code. Upon the receipt of that	12460
information, the public children services agency shall initiate an	12461
investigation pursuant to section 2151.421 of the Revised Code.	12462

(3) If the court has reason to believe that a power of	12463
attorney or caretaker authorization affidavit is not in the best	12464
interest of the child, the court may report that information to	12465
the public children services agency pursuant to section 2151.421	12466
of the Revised Code. Upon receipt of that information, the public	12467
children services agency shall initiate an investigation pursuant	12468
to section 2151.421 of the Revised Code. The public children	12469
services agency shall submit a report of its investigation to the	12470
court not later than thirty days after the court reports the	12471
information to the public children services agency or not later	12472
than forty-five days after the court reports the information to	12473
the public children services agency when information that is	12474
needed to determine the case disposition cannot be compiled within	12475
thirty days and the reasons are documented in the case record.	12476

(D) The court shall waive any filing fee imposed for the	12477
filing of the power of attorney or caretaker authorization	12478
affidavit.	12479

Sec. 3109.77. (A) On the filing of a power of attorney or	12480
caretaker authorization affidavit under section 3109.76 of the	12481
Revised Code, the court in which the power of attorney or	12482
caretaker authorization affidavit was filed shall schedule a	12483
hearing to determine whether the power of attorney or affidavit is	12484
in the child's best interest. The court shall provide notice of	12485
the date, time, and location of the hearing to the parties and to	12486
the parent who is not the residential parent and legal custodian	12487
unless one of the following circumstances applies:	12488

(1) In accordance with section 3109.051 of the Revised Code,	12489
that parent is not to be given a notice of relocation.	12490

(2) The parent's parental rights have been terminated by	12491
order of a juvenile court pursuant to Chapter 2151. of the Revised	12492
Code.	12493

(3) The parent cannot be located with reasonable efforts.

12494

(4) The power of attorney was created by both parents.

12495

(B) The hearing shall be held not later than ten days after	12496
the date the power of attorney or affidavit was filed with the	12497
court. At the hearing, the parties and the parent who is not the	12498
residential parent and legal custodian may present evidence and be	12499
represented by counsel.	12500

(C) At the conclusion of the hearing, the court may take any	12501
of the following actions that the court determines is in the	12502
child's best interest:	12503

(1) Approve the power of attorney or affidavit. If approved,	12504
the power of attorney or affidavit shall remain in effect unless	12505
otherwise terminated under section 3109.59 of the Revised Code	12506
with respect to a power of attorney or section 3109.70 of the	12507
Revised Code with respect to an affidavit.	12508

(2) Issue an order terminating the power of attorney or	12509
affidavit and ordering the child returned to the child's parent,	12510
guardian, or custodian. If the parent, guardian, or custodian of	12511
the child cannot be located, the court shall treat the filing of	12512
the power of attorney or affidavit with the court as a complaint	12513
under section 2151.27 of the Revised Code that the child is a	12514
~~dependent~~ child in need of protective services.	12515

(3) Treat the filing of the power of attorney or affidavit as	12516
a petition for legal custody and award legal custody of the child	12517
to the grandparent designated as the attorney in fact under the	12518
power of attorney or to the grandparent who executed the	12519
affidavit.	12520

(D) The court shall conduct a de novo review of any order	12521
issued under division (C) of this section if all of the following	12522
apply regarding the parent who is not the residential parent and	12523
legal custodian:	12524

(1) The parent did not appear at the hearing from which the	12525
order was issued.	12526

(2) The parent was not represented by counsel at the hearing.

12527

(3) The parent filed a motion with the court not later than	12528
fourteen days after receiving notice of the hearing pursuant to	12529
division (A) of this section.	12530

Sec. 3113.31. (A) As used in this section:

12531

(1) "Domestic violence" means the occurrence of one or more	12532
of the following acts against a family or household member:	12533

(a) Attempting to cause or recklessly causing bodily injury;

12534

(b) Placing another person by the threat of force in fear of	12535
imminent serious physical harm or committing a violation of	12536
section 2903.211 or 2911.211 of the Revised Code;	12537

(c) Committing any act or omission with respect to a child	12538
that would result in the child being ~~an abused~~a child~~, as defined~~	12539
~~in section 2151.031 of the Revised Code~~in need of protective	12540
services due to physical harm as determined in accordance with	12541
section 2151.031 of the Revised Code, sexual harm as determined	12542
in accordance with section 2151.032 of the Revised Code, or	12543
emotional harm as determined in accordance with section 2151.033	12544
of the Revised Code;	12545

(d) Committing a sexually oriented offense.

12546

(2) "Court" means the domestic relations division of the	12547
court of common pleas in counties that have a domestic relations	12548
division, and the court of common pleas in counties that do not	12549
have a domestic relations division.	12550

(3) "Family or household member" means any of the following:

12551

(a) Any of the following who is residing with or has resided	12552
with the respondent:	12553

(i) A spouse, a person living as a spouse, or a former spouse	12554
of the respondent;	12555

(ii) A parent or a child of the respondent, or another person	12556
related by consanguinity or affinity to the respondent;	12557

(iii) A parent or a child of a spouse, person living as a	12558
spouse, or former spouse of the respondent, or another person	12559
related by consanguinity or affinity to a spouse, person living as	12560
a spouse, or former spouse of the respondent.	12561

(b) The natural parent of any child of whom the respondent is	12562
the other natural parent or is the putative other natural parent.	12563

(4) "Person living as a spouse" means a person who is living	12564
or has lived with the respondent in a common law marital	12565
relationship, who otherwise is cohabiting with the respondent, or	12566
who otherwise has cohabited with the respondent within five years	12567
prior to the date of the alleged occurrence of the act in	12568
question.	12569

(5) "Victim advocate" means a person who provides support and	12570
assistance for a person who files a petition under this section.	12571

(6) "Sexually oriented offense" has the same meaning as in	12572
section 2950.01 of the Revised Code.	12573

(B) The court has jurisdiction over all proceedings under	12574
this section. The petitioner's right to relief under this section	12575
is not affected by the petitioner's leaving the residence or	12576
household to avoid further domestic violence.	12577

(C) A person may seek relief under this section on the	12578
person's own behalf, or any parent or adult household member may	12579
seek relief under this section on behalf of any other family or	12580
household member, by filing a petition with the court. The	12581
petition shall contain or state:	12582

(1) An allegation that the respondent engaged in domestic	12583
violence against a family or household member of the respondent,	12584
including a description of the nature and extent of the domestic	12585
violence;	12586

(2) The relationship of the respondent to the petitioner, and	12587
to the victim if other than the petitioner;	12588

(3) A request for relief under this section.

12589

(D)(1) If a person who files a petition pursuant to this	12590
section requests an ex parte order, the court shall hold an ex	12591
parte hearing on the same day that the petition is filed. The	12592
court, for good cause shown at the ex parte hearing, may enter any	12593
temporary orders, with or without bond, including, but not limited	12594
to, an order described in division (E)(1)(a), (b), or (c) of this	12595
section, that the court finds necessary to protect the family or	12596
household member from domestic violence. Immediate and present	12597
danger of domestic violence to the family or household member	12598
constitutes good cause for purposes of this section. Immediate and	12599
present danger includes, but is not limited to, situations in	12600
which the respondent has threatened the family or household member	12601
with bodily harm, in which the respondent has threatened the	12602
family or household member with a sexually oriented offense, or in	12603
which the respondent previously has been convicted of or pleaded	12604
guilty to an offense that constitutes domestic violence against	12605
the family or household member.	12606

(2)(a) If the court, after an ex parte hearing, issues an	12607
order described in division (E)(1)(b) or (c) of this section, the	12608
court shall schedule a full hearing for a date that is within	12609
seven court days after the ex parte hearing. If any other type of	12610
protection order that is authorized under division (E) of this	12611
section is issued by the court after an ex parte hearing, the	12612
court shall schedule a full hearing for a date that is within ten	12613
court days after the ex parte hearing. The court shall give the	12614
respondent notice of, and an opportunity to be heard at, the full	12615
hearing. The court shall hold the full hearing on the date	12616
scheduled under this division unless the court grants a	12617
continuance of the hearing in accordance with this division. Under	12618
any of the following circumstances or for any of the following	12619
reasons, the court may grant a continuance of the full hearing to	12620
a reasonable time determined by the court:	12621

(i) Prior to the date scheduled for the full hearing under	12622
this division, the respondent has not been served with the	12623
petition filed pursuant to this section and notice of the full	12624
hearing.	12625

(ii) The parties consent to the continuance.

12626

(iii) The continuance is needed to allow a party to obtain	12627
counsel.	12628

(iv) The continuance is needed for other good cause.

12629

(b) An ex parte order issued under this section does not	12630
expire because of a failure to serve notice of the full hearing	12631
upon the respondent before the date set for the full hearing under	12632
division (D)(2)(a) of this section or because the court grants a	12633
continuance under that division.	12634

(3) If a person who files a petition pursuant to this section	12635
does not request an ex parte order, or if a person requests an ex	12636
parte order but the court does not issue an ex parte order after	12637
an ex parte hearing, the court shall proceed as in a normal civil	12638
action and grant a full hearing on the matter.	12639

(E)(1) After an ex parte or full hearing, the court may grant	12640
any protection order, with or without bond, or approve any consent	12641
agreement to bring about a cessation of domestic violence against	12642
the family or household members. The order or agreement may:	12643

(a) Direct the respondent to refrain from abusing or from	12644
committing sexually oriented offenses against the family or	12645
household members;	12646

(b) Grant possession of the residence or household to the	12647
petitioner or other family or household member, to the exclusion	12648
of the respondent, by evicting the respondent, when the residence	12649
or household is owned or leased solely by the petitioner or other	12650
family or household member, or by ordering the respondent to	12651
vacate the premises, when the residence or household is jointly	12652
owned or leased by the respondent, and the petitioner or other	12653
family or household member;	12654

(c) When the respondent has a duty to support the petitioner	12655
or other family or household member living in the residence or	12656
household and the respondent is the sole owner or lessee of the	12657
residence or household, grant possession of the residence or	12658
household to the petitioner or other family or household member,	12659
to the exclusion of the respondent, by ordering the respondent to	12660
vacate the premises, or, in the case of a consent agreement, allow	12661
the respondent to provide suitable, alternative housing;	12662

(d) Temporarily allocate parental rights and responsibilities	12663
for the care of, or establish temporary parenting time rights with	12664
regard to, minor children, if no other court has determined, or is	12665
determining, the allocation of parental rights and	12666
responsibilities for the minor children or parenting time rights;	12667

(e) Require the respondent to maintain support, if the	12668
respondent customarily provides for or contributes to the support	12669
of the family or household member, or if the respondent has a duty	12670
to support the petitioner or family or household member;	12671

(f) Require the respondent, petitioner, victim of domestic	12672
violence, or any combination of those persons, to seek counseling;	12673

(g) Require the respondent to refrain from entering the	12674
residence, school, business, or place of employment of the	12675
petitioner or family or household member;	12676

(h) Grant other relief that the court considers equitable and	12677
fair, including, but not limited to, ordering the respondent to	12678
permit the use of a motor vehicle by the petitioner or other	12679
family or household member and the apportionment of household and	12680
family personal property.	12681

(2) If a protection order has been issued pursuant to this	12682
section in a prior action involving the respondent and the	12683
petitioner or one or more of the family or household members or	12684
victims, the court may include in a protection order that it	12685
issues a prohibition against the respondent returning to the	12686
residence or household. If it includes a prohibition against the	12687
respondent returning to the residence or household in the order,	12688
it also shall include in the order provisions of the type	12689
described in division (E)(7) of this section. This division does	12690
not preclude the court from including in a protection order or	12691
consent agreement, in circumstances other than those described in	12692
this division, a requirement that the respondent be evicted from	12693
or vacate the residence or household or refrain from entering the	12694
residence, school, business, or place of employment of the	12695
petitioner or a family or household member, and, if the court	12696
includes any requirement of that type in an order or agreement,	12697
the court also shall include in the order provisions of the type	12698
described in division (E)(7) of this section.	12699

(3)(a) Any protection order issued or consent agreement	12700
approved under this section shall be valid until a date certain,	12701
but not later than five years from the date of its issuance or	12702
approval unless modified or terminated as provided in division	12703
(E)(8) of this section.	12704

(b) Subject to the limitation on the duration of an order or	12705
agreement set forth in division (E)(3)(a) of this section, any	12706
order under division (E)(1)(d) of this section shall terminate on	12707
the date that a court in an action for divorce, dissolution of	12708
marriage, or legal separation brought by the petitioner or	12709
respondent issues an order allocating parental rights and	12710
responsibilities for the care of children or on the date that a	12711
juvenile court in an action brought by the petitioner or	12712
respondent issues an order awarding legal custody of minor	12713
children. Subject to the limitation on the duration of an order or	12714
agreement set forth in division (E)(3)(a) of this section, any	12715
order under division (E)(1)(e) of this section shall terminate on	12716
the date that a court in an action for divorce, dissolution of	12717
marriage, or legal separation brought by the petitioner or	12718
respondent issues a support order or on the date that a juvenile	12719
court in an action brought by the petitioner or respondent issues	12720
a support order.	12721

(c) Any protection order issued or consent agreement approved	12722
pursuant to this section may be renewed in the same manner as the	12723
original order or agreement was issued or approved.	12724

(4) A court may not issue a protection order that requires a	12725
petitioner to do or to refrain from doing an act that the court	12726
may require a respondent to do or to refrain from doing under	12727
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this	12728
section unless all of the following apply:	12729

(a) The respondent files a separate petition for a protection	12730
order in accordance with this section.	12731

(b) The petitioner is served notice of the respondent's	12732
petition at least forty-eight hours before the court holds a	12733
hearing with respect to the respondent's petition, or the	12734
petitioner waives the right to receive this notice.	12735

(c) If the petitioner has requested an ex parte order	12736
pursuant to division (D) of this section, the court does not delay	12737
any hearing required by that division beyond the time specified in	12738
that division in order to consolidate the hearing with a hearing	12739
on the petition filed by the respondent.	12740

(d) After a full hearing at which the respondent presents	12741
evidence in support of the request for a protection order and the	12742
petitioner is afforded an opportunity to defend against that	12743
evidence, the court determines that the petitioner has committed	12744
an act of domestic violence or has violated a temporary protection	12745
order issued pursuant to section 2919.26 of the Revised Code, that	12746
both the petitioner and the respondent acted primarily as	12747
aggressors, and that neither the petitioner nor the respondent	12748
acted primarily in self-defense.	12749

(5) No protection order issued or consent agreement approved	12750
under this section shall in any manner affect title to any real	12751
property.	12752

(6)(a) If a petitioner, or the child of a petitioner, who	12753
obtains a protection order or consent agreement pursuant to	12754
division (E)(1) of this section or a temporary protection order	12755
pursuant to section 2919.26 of the Revised Code and is the subject	12756
of a parenting time order issued pursuant to section 3109.051 or	12757
3109.12 of the Revised Code or a visitation or companionship order	12758
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the	12759
Revised Code or division (E)(1)(d) of this section granting	12760
parenting time rights to the respondent, the court may require the	12761
public children services agency of the county in which the court	12762
is located to provide supervision of the respondent's exercise of	12763
parenting time or visitation or companionship rights with respect	12764
to the child for a period not to exceed nine months, if the court	12765
makes the following findings of fact:	12766

(i) The child is in danger from the respondent;

12767

(ii) No other person or agency is available to provide the	12768
supervision.	12769

(b) A court that requires an agency to provide supervision	12770
pursuant to division (E)(6)(a) of this section shall order the	12771
respondent to reimburse the agency for the cost of providing the	12772
supervision, if it determines that the respondent has sufficient	12773
income or resources to pay that cost.	12774

(7)(a) If a protection order issued or consent agreement	12775
approved under this section includes a requirement that the	12776
respondent be evicted from or vacate the residence or household or	12777
refrain from entering the residence, school, business, or place of	12778
employment of the petitioner or a family or household member, the	12779
order or agreement shall state clearly that the order or agreement	12780
cannot be waived or nullified by an invitation to the respondent	12781
from the petitioner or other family or household member to enter	12782
the residence, school, business, or place of employment or by the	12783
respondent's entry into one of those places otherwise upon the	12784
consent of the petitioner or other family or household member.	12785

(b) Division (E)(7)(a) of this section does not limit any	12786
discretion of a court to determine that a respondent charged with	12787
a violation of section 2919.27 of the Revised Code, with a	12788
violation of a municipal ordinance substantially equivalent to	12789
that section, or with contempt of court, which charge is based on	12790
an alleged violation of a protection order issued or consent	12791
agreement approved under this section, did not commit the	12792
violation or was not in contempt of court.	12793

(8)(a) The court may modify or terminate as provided in	12794
division (E)(8) of this section a protection order or consent	12795
agreement that was issued after a full hearing under this section.	12796
The court that issued the protection order or approved the consent	12797
agreement shall hear a motion for modification or termination of	12798
the protection order or consent agreement pursuant to division	12799
(E)(8) of this section.	12800

(b) Either the petitioner or the respondent of the original	12801
protection order or consent agreement may bring a motion for	12802
modification or termination of a protection order or consent	12803
agreement that was issued or approved after a full hearing. The	12804
court shall require notice of the motion to be made as provided by	12805
the Rules of Civil Procedure. If the petitioner for the original	12806
protection order or consent agreement has requested that the	12807
petitioner's address be kept confidential, the court shall not	12808
disclose the address to the respondent of the original protection	12809
order or consent agreement or any other person, except as	12810
otherwise required by law. The moving party has the burden of	12811
proof to show, by a preponderance of the evidence, that	12812
modification or termination of the protection order or consent	12813
agreement is appropriate because either the protection order or	12814
consent agreement is no longer needed or because the terms of the	12815
original protection order or consent agreement are no longer	12816
appropriate.	12817

(c) In considering whether to modify or terminate a	12818
protection order or consent agreement issued or approved under	12819
this section, the court shall consider all relevant factors,	12820
including, but not limited to, the following:	12821

(i) Whether the petitioner consents to modification or	12822
termination of the protection order or consent agreement;	12823

(ii) Whether the petitioner fears the respondent;

12824

(iii) The current nature of the relationship between the	12825
petitioner and the respondent;	12826

(iv) The circumstances of the petitioner and respondent,	12827
including the relative proximity of the petitioner's and	12828
respondent's workplaces and residences and whether the petitioner	12829
and respondent have minor children together;	12830

(v) Whether the respondent has complied with the terms and	12831
conditions of the original protection order or consent agreement;	12832

(vi) Whether the respondent has a continuing involvement with	12833
illegal drugs or alcohol;	12834

(vii) Whether the respondent has been convicted of or pleaded	12835
guilty to an offense of violence since the issuance of the	12836
protection order or approval of the consent agreement;	12837

(viii) Whether any other protection orders, consent	12838
agreements, restraining orders, or no contact orders have been	12839
issued against the respondent pursuant to this section, section	12840
2919.26 of the Revised Code, any other provision of state law, or	12841
the law of any other state;	12842

(ix) Whether the respondent has participated in any domestic	12843
violence treatment, intervention program, or other counseling	12844
addressing domestic violence and whether the respondent has	12845
completed the treatment, program, or counseling;	12846

(x) The time that has elapsed since the protection order was	12847
issued or since the consent agreement was approved;	12848

(xi) The age and health of the respondent;

12849

(xii) When the last incident of abuse, threat of harm, or	12850
commission of a sexually oriented offense occurred or other	12851
relevant information concerning the safety and protection of the	12852
petitioner or other protected parties.	12853

(d) If a protection order or consent agreement is modified or	12854
terminated as provided in division (E)(8) of this section, the	12855
court shall issue copies of the modified or terminated order or	12856
agreement as provided in division (F) of this section. A	12857
petitioner may also provide notice of the modification or	12858
termination to the judicial and law enforcement officials in any	12859
county other than the county in which the order or agreement is	12860
modified or terminated as provided in division (N) of this	12861
section.	12862

(e) If the respondent moves for modification or termination	12863
of a protection order or consent agreement pursuant to this	12864
section, the court may assess costs against the respondent for the	12865
filing of the motion.	12866

(F)(1) A copy of any protection order, or consent agreement,	12867
that is issued, approved, modified, or terminated under this	12868
section shall be issued by the court to the petitioner, to the	12869
respondent, and to all law enforcement agencies that have	12870
jurisdiction to enforce the order or agreement. The court shall	12871
direct that a copy of an order be delivered to the respondent on	12872
the same day that the order is entered.	12873

(2) Upon the issuance of a protection order or the approval	12874
of a consent agreement under this section, the court shall provide	12875
the parties to the order or agreement with the following notice	12876
orally or by form:	12877

"NOTICE	12878

As a result of this order or consent agreement, it may be	12879
unlawful for you to possess or purchase a firearm, including a	12880
rifle, pistol, or revolver, or ammunition pursuant to federal law	12881
under 18 U.S.C. 922(g)(8). If you have any questions whether this	12882
law makes it illegal for you to possess or purchase a firearm or	12883
ammunition, you should consult an attorney."	12884

(3) All law enforcement agencies shall establish and maintain	12885
an index for the protection orders and the approved consent	12886
agreements delivered to the agencies pursuant to division (F)(1)	12887
of this section. With respect to each order and consent agreement	12888
delivered, each agency shall note on the index the date and time	12889
that it received the order or consent agreement.	12890

(4) Regardless of whether the petitioner has registered the	12891
order or agreement in the county in which the officer's agency	12892
has jurisdiction pursuant to division (N) of this section, any	12893
officer of a law enforcement agency shall enforce a protection	12894
order issued or consent agreement approved by any court in this	12895
state in accordance with the provisions of the order or agreement,	12896
including removing the respondent from the premises, if	12897
appropriate.	12898

(G) Any proceeding under this section shall be conducted in	12899
accordance with the Rules of Civil Procedure, except that an order	12900
under this section may be obtained with or without bond. An order	12901
issued under this section, other than an ex parte order, that	12902
grants a protection order or approves a consent agreement, that	12903
refuses to grant a protection order or approve a consent agreement	12904
that modifies or terminates a protection order or consent	12905
agreement, or that refuses to modify or terminate a protection	12906
order or consent agreement, is a final, appealable order. The	12907
remedies and procedures provided in this section are in addition	12908
to, and not in lieu of, any other available civil or criminal	12909
remedies.	12910

(H) The filing of proceedings under this section does not	12911
excuse a person from filing any report or giving any notice	12912
required by section 2151.421 of the Revised Code or by any other	12913
law. When a petition under this section alleges domestic violence	12914
against minor children, the court shall report the fact, or cause	12915
reports to be made, to a county, township, or municipal peace	12916
officer under section 2151.421 of the Revised Code.	12917

(I) Any law enforcement agency that investigates a domestic	12918
dispute shall provide information to the family or household	12919
members involved regarding the relief available under this section	12920
and section 2919.26 of the Revised Code.	12921

(J) Notwithstanding any provision of law to the contrary and	12922
regardless of whether a protection order is issued or a consent	12923
agreement is approved by a court of another county or a court of	12924
another state, no court or unit of state or local government shall	12925
charge any fee, cost, deposit, or money in connection with the	12926
filing of a petition pursuant to this section or in connection	12927
with the filing, issuance, registration, or service of a	12928
protection order or consent agreement, or for obtaining a	12929
certified copy of a protection order or consent agreement.	12930

(K)(1) The court shall comply with Chapters 3119., 3121.,	12931
3123., and 3125. of the Revised Code when it makes or modifies an	12932
order for child support under this section.	12933

(2) If any person required to pay child support under an	12934
order made under this section on or after April 15, 1985, or	12935
modified under this section on or after December 31, 1986, is	12936
found in contempt of court for failure to make support payments	12937
under the order, the court that makes the finding, in addition to	12938
any other penalty or remedy imposed, shall assess all court costs	12939
arising out of the contempt proceeding against the person and	12940
require the person to pay any reasonable attorney's fees of any	12941
adverse party, as determined by the court, that arose in relation	12942
to the act of contempt.	12943

(L)(1) A person who violates a protection order issued or a	12944
consent agreement approved under this section is subject to the	12945
following sanctions:	12946

(a) Criminal prosecution for a violation of section 2919.27	12947
of the Revised Code, if the violation of the protection order or	12948
consent agreement constitutes a violation of that section;	12949

(b) Punishment for contempt of court.

12950

(2) The punishment of a person for contempt of court for	12951
violation of a protection order issued or a consent agreement	12952
approved under this section does not bar criminal prosecution of	12953
the person for a violation of section 2919.27 of the Revised Code.	12954
However, a person punished for contempt of court is entitled to	12955
credit for the punishment imposed upon conviction of a violation	12956
of that section, and a person convicted of a violation of that	12957
section shall not subsequently be punished for contempt of court	12958
arising out of the same activity.	12959

(M) In all stages of a proceeding under this section, a	12960
petitioner may be accompanied by a victim advocate.	12961

(N)(1) A petitioner who obtains a protection order or consent	12962
agreement under this section or a temporary protection order under	12963
section 2919.26 of the Revised Code may provide notice of the	12964
issuance or approval of the order or agreement to the judicial and	12965
law enforcement officials in any county other than the county in	12966
which the order is issued or the agreement is approved by	12967
registering that order or agreement in the other county pursuant	12968
to division (N)(2) of this section and filing a copy of the	12969
registered order or registered agreement with a law enforcement	12970
agency in the other county in accordance with that division. A	12971
person who obtains a protection order issued by a court of another	12972
state may provide notice of the issuance of the order to the	12973
judicial and law enforcement officials in any county of this state	12974
by registering the order in that county pursuant to section	12975
2919.272 of the Revised Code and filing a copy of the registered	12976
order with a law enforcement agency in that county.	12977

(2) A petitioner may register a temporary protection order,	12978
protection order, or consent agreement in a county other than the	12979
county in which the court that issued the order or approved the	12980
agreement is located in the following manner:	12981

(a) The petitioner shall obtain a certified copy of the order	12982
or agreement from the clerk of the court that issued the order or	12983
approved the agreement and present that certified copy to the	12984
clerk of the court of common pleas or the clerk of a municipal	12985
court or county court in the county in which the order or	12986
agreement is to be registered.	12987

(b) Upon accepting the certified copy of the order or	12988
agreement for registration, the clerk of the court of common	12989
pleas, municipal court, or county court shall place an endorsement	12990
of registration on the order or agreement and give the petitioner	12991
a copy of the order or agreement that bears that proof of	12992
registration.	12993

(3) The clerk of each court of common pleas, the clerk of	12994
each municipal court, and the clerk of each county court shall	12995
maintain a registry of certified copies of temporary protection	12996
orders, protection orders, or consent agreements that have been	12997
issued or approved by courts in other counties and that have been	12998
registered with the clerk.	12999

Sec. 3127.01. (A) As used in the Revised Code, "uniform	13000
child custody jurisdiction and enforcement act" means the act	13001
addressing interstate recognition and enforcement of child custody	13002
orders adopted in 1997 by the national conference of commissioners	13003
on uniform state laws or any law substantially similar to the act	13004
adopted by another state.	13005

(B) As used in sections 3127.01 to 3127.53 of the Revised	13006
Code:	13007

(1) "Abandoned" means the parents of a child have failed to	13008
visit or maintain contact with the child for more than ninety	13009
days, regardless of whether the parents resume contact with the	13010
child after that ninety-day period.	13011

(2) "Child" means an individual who has not attained eighteen	13012
years of age.	13013

(3) "Child custody determination" means a judgment, decree,	13014
or other order of a court that provides for legal custody,	13015
physical custody, parenting time, or visitation with respect to a	13016
child. "Child custody determination" includes an order that	13017
allocates parental rights and responsibilities. "Child custody	13018
determination" includes permanent, temporary, initial, and	13019
modification orders. "Child custody determination" does not	13020
include an order or the portion of an order relating to child	13021
support or other monetary obligations of an individual.	13022

(4) "Child custody proceeding" means a proceeding in which	13023
legal custody, physical custody, parenting time, or visitation	13024
with respect to a child is an issue. "Child custody proceeding"	13025
may include a proceeding for divorce, separation, ~~neglect, abuse,~~	13026
~~dependency,~~ guardianship, parentage, termination of parental	13027
rights, or protection from domestic violence, or a proceeding to	13028
determine if a child is a child in need of protective services.	13029
"Child custody proceeding" does not include a proceeding regarding	13030
juvenile delinquency, contractual emancipation, or enforcement	13031
pursuant to sections 3127.31 to 3127.47 of the Revised Code.	13032

(5) "Commencement" means the filing of the first pleading in	13033
a proceeding.	13034

(6) "Court" means an entity authorized under the law of a	13035
state to establish, enforce, or modify a child custody	13036
determination.	13037

(7) "Home state" means the state in which a child lived with	13038
a parent or a person acting as a parent for at least six	13039
consecutive months immediately preceding the commencement of a	13040
child custody proceeding and, if a child is less than six months	13041
old, the state in which the child lived from birth with any of	13042
them. A period of temporary absence of any of them is counted as	13043
part of the six-month or other period.	13044

(8) "Initial determination" means the first child custody	13045
determination concerning a particular child.	13046

(9) "Issuing court" means the court that makes a child	13047
custody determination for which enforcement is sought under	13048
sections 3127.01 to 3127.53 of the Revised Code.	13049

(10) "Issuing state" means the state in which a child custody	13050
determination is made.	13051

(11) "Modification" means a child custody determination that	13052
changes, replaces, supersedes, or is otherwise made after a	13053
determination concerning the same child, whether or not it is made	13054
by the court that made the previous determination.	13055

(12) "Person" means an individual; corporation; business	13056
trust; estate; trust; partnership; limited liability company;	13057
association; joint venture; government; governmental subdivision,	13058
agency, or instrumentality; public corporation; or any other legal	13059
or commercial entity.	13060

(13) "Person acting as a parent" means a person, other than	13061
the child's parent, who meets both of the following criteria:	13062

(a) The person has physical custody of the child or has had	13063
physical custody for a period of six consecutive months, including	13064
any temporary absence from the child, within one year immediately	13065
before the commencement of a child custody proceeding; and	13066

(b) The person has been awarded legal custody by a court or	13067
claims a right to legal custody under the law of this state.	13068

(14) "Physical custody" means the physical care and	13069
supervision of a child.	13070

(15) "State" means a state of the United States, the District	13071
of Columbia, Puerto Rico, the United States Virgin Islands, or any	13072
territory or insular possession subject to the jurisdiction of the	13073
United States.	13074

(16) "Tribe" means an Indian tribe or Alaskan Native village	13075
that is recognized by federal or state law.	13076

(17) "Warrant" means an order issued by a court authorizing	13077
law enforcement officers to take physical custody of a child.	13078

Sec. 3127.23. (A) Each party in a child custody proceeding,	13079
in the party's first pleading or in an affidavit attached to that	13080
pleading, shall give information if reasonably ascertainable under	13081
oath as to the child's present address or whereabouts, the places	13082
where the child has lived within the last five years, and the name	13083
and present address of each person with whom the child has lived	13084
during that period. In this pleading or affidavit, each party also	13085
shall include all of the following information:	13086

(1) Whether the party has participated as a party, a witness,	13087
or in any other capacity in any other proceeding concerning the	13088
allocation, between the parents of the same child, of parental	13089
rights and responsibilities for the care of the child including	13090
any designation of parenting time rights and the designation of	13091
the residential parent and legal custodian of the child or that	13092
otherwise concerned the custody of or visitation with the same	13093
child and, if so, the court, case number and the date of the child	13094
custody determination, if any;	13095

(2) Whether the party knows of any proceedings that could	13096
affect the current proceeding, including proceedings for	13097
enforcement of child custody determinations, proceedings relating	13098
to domestic violence or protection orders, proceedings to	13099
adjudicate the child as ~~an abused, neglected, or dependent~~a child	13100
in need of protective services, proceedings seeking termination of	13101
parental rights, and adoptions, and, if so, the court, the case	13102
number, and the nature of the proceeding;	13103

(3) Whether the party knows of any person who is not a party	13104
to the proceeding and has physical custody of the child or claims	13105
to be a parent of the child who is designated the residential	13106
parent and legal custodian of the child or to have parenting time	13107
rights with respect to the child or to be a person other than a	13108
parent of the child who has custody or visitation rights with	13109
respect to the child and, if so, the names and addresses of those	13110
persons.	13111

(B) If the declaration under division (A)(1), (2), or (3) of	13112
this section is in the affirmative, the declarant shall give	13113
additional information as required by the court. The court may	13114
examine the parties under oath as to details of the information	13115
furnished and as to other matters pertinent to the court's	13116
jurisdiction and the disposition of the case.	13117

(C) Each party has a continuing duty to inform the court of	13118
any child custody proceeding concerning the child in this or any	13119
other state that could affect the current proceeding.	13120

(D) If a party alleges in an affidavit or a pleading under	13121
oath that the health, safety, or liberty of a party or child would	13122
be jeopardized by the disclosure of identifying information, the	13123
information shall be sealed and may not be disclosed to the other	13124
party or the public unless the court orders the disclosure to be	13125
made after a hearing in which the court takes into consideration	13126
the health, safety, and liberty of the party or child and	13127
determines that the disclosure is in the interests of justice.	13128

(E) A public children services agency, acting pursuant to a	13129
complaint or an action on a complaint filed under section 2151.27	13130
of the Revised Code, is not subject to the requirements of this	13131
section.	13132

~~(F) As used in this section, "abused child" has the same~~	13133
~~meaning as in section 2151.031 of the Revised Code, "neglected~~	13134
~~child" has the same meaning as in section 2151.03 of the Revised~~	13135
~~Code, and "dependent child" has the same meaning as in section~~	13136
~~2151.04 of the Revised Code.~~	13137

Sec. 3127.38. (A) A petition for enforcement pursuant to	13138
sections 3127.31 to 3127.46 of the Revised Code must be verified.	13139
All orders sought to be enforced and any order confirming	13140
registration must be attached to the petition. The orders attached	13141
to the petition shall be the original or a certified copy,	13142
whichever a court requires.	13143

(B) A petition for enforcement of a child custody	13144
determination shall state all of the following:	13145

(1) Whether the court that issued the child custody	13146
determination identified the jurisdictional basis it relied upon	13147
in exercising jurisdiction and, if so, what the basis was;	13148

(2) Whether the determination for which enforcement is sought	13149
has been vacated, stayed, or modified by a court whose decision	13150
must be enforced under this chapter and, if so, identify the	13151
court, the case number, and the nature of the proceeding;	13152

(3) Whether any proceeding has been commenced that could	13153
affect the current proceeding, including proceedings for	13154
enforcement of child custody determinations, proceedings relating	13155
to domestic violence or protection orders, proceedings to	13156
adjudicate the child as ~~an abused, neglected, or dependent~~a child	13157
in need of protective services, proceedings seeking termination of	13158
parental rights, and adoptions, and, if so, the court, the case	13159
number, and the nature of the proceeding;	13160

(4) The present physical address of the child and the	13161
respondent, if known;	13162

(5) Whether relief in addition to the immediate physical	13163
custody of the child and attorney's fees is sought, including a	13164
request for assistance from law enforcement officials and, if so,	13165
the relief sought;	13166

(6) If the child custody determination has been registered	13167
and confirmed under section 3127.35 of the Revised Code, the date	13168
and place of registration.	13169

(C) Upon the filing of a petition, the court shall issue an	13170
order directing the respondent to appear in person with or without	13171
the child at a hearing and may enter any order necessary to ensure	13172
the safety of the parties and the child. If possible, the hearing	13173
must be held on the next judicial day after service of the order.	13174
If holding the hearing on that date is impossible, the court shall	13175
hold the hearing on the first judicial day possible. The court may	13176
extend the date of the hearing at the request of the petitioner.	13177

(D) An order issued under division (C) of this section shall	13178
state the time and place of the hearing and advise the respondent	13179
that at the hearing the court will order that the petitioner may	13180
take immediate physical custody of the child and that the	13181
respondent pay fees, costs, and expenses under section 3127.42 of	13182
the Revised Code and may schedule a hearing to determine whether	13183
further relief is appropriate, unless the respondent appears and	13184
establishes either of the following:	13185

(1) That the child custody determination has not been	13186
registered and confirmed under section 3127.35 of the Revised Code	13187
and that one of the following circumstances applies:	13188

(a) The issuing court did not have jurisdiction under	13189
sections 3127.15 to 3127.24 of the Revised Code or a similar	13190
statute of another state.	13191

(b) The child custody determination for which enforcement is	13192
sought has been vacated, stayed, or modified by a court having	13193
jurisdiction to do so under sections 3127.15 to 3127.24 of the	13194
Revised Code or a similar statute of another state.	13195

(c) The respondent was entitled to notice of the child	13196
custody proceeding for which enforcement is sought, but notice was	13197
not given in accordance with the standards of section 3127.07 of	13198
the Revised Code or a similar statute of another state.	13199

(2) That the child custody determination for which	13200
enforcement is sought was registered and confirmed under section	13201
3127.35 of the Revised Code but has been vacated, stayed, or	13202
modified by a court of a state having jurisdiction to do so under	13203
sections 3127.15 to 3127.24 of the Revised Code or a similar	13204
statute of another state.	13205

Sec. 3301.121. (A) In addition to the duties and	13206
responsibilities of the superintendent of public instruction set	13207
forth in section 3301.12 of the Revised Code, the superintendent,	13208
in accordance with this section and section 3313.662 of the	13209
Revised Code, shall conduct an adjudication procedure to determine	13210
whether to permanently exclude from attending any of the public	13211
schools of this state any pupil who is the subject of a resolution	13212
forwarded to the superintendent by a board of education pursuant	13213
to division (D) of section 3313.662 of the Revised Code.	13214

(B)(1) Except as provided in division (B)(3) of this section,	13215
within fourteen days after receipt of a resolution forwarded by a	13216
board of education pursuant to division (D) of section 3313.662 of	13217
the Revised Code, the superintendent of public instruction or the	13218
superintendent's designee shall provide the pupil who is the	13219
subject of the resolution and that pupil's parent, guardian, or	13220
custodian with a notice of an opportunity for an adjudication	13221
hearing on the proposed permanent exclusion of the pupil from	13222
attending any of the public schools of this state. The notice	13223
shall include all of the following:	13224

(a) The date, time, and place of the permanent exclusion	13225
adjudication hearing;	13226

(b) A statement informing the pupil and the pupil's parent,	13227
guardian, or custodian that the pupil may attend the adjudication	13228
hearing at the date, time, and place set forth in the notice, that	13229
the failure of the pupil or the pupil's parent, guardian, or	13230
custodian to attend the adjudication hearing will result in a	13231
waiver of the pupil's right to present evidence, testimony, and	13232
factors in mitigation of the pupil's permanent exclusion at an	13233
adjudication hearing on the proposed permanent exclusion, and that	13234
the pupil shall be accorded all of the following rights:	13235

(i) The right to testify, to present evidence and the	13236
testimony of witnesses, and to confront, cross-examine, and compel	13237
the attendance of witnesses;	13238

(ii) The right to a record of the hearing;

13239

(iii) The right to written findings.

13240

(c) A statement informing the pupil and the pupil's parent,	13241
guardian, or custodian that the pupil has the right to be	13242
represented by counsel at the adjudication hearing.	13243

(d) A statement informing the pupil and the pupil's parent,	13244
guardian, or custodian that, if the pupil by failing to attend the	13245
hearing waives the pupil's right to present evidence, testimony,	13246
and factors in mitigation of the pupil's permanent exclusion at an	13247
adjudication hearing on the proposed permanent exclusion, the	13248
superintendent is required to review the information relevant to	13249
the permanent exclusion that is available to the superintendent	13250
and is permitted to enter an order requiring the pupil's permanent	13251
exclusion from attending any of the public schools of this state	13252
at any time within seven days after the conclusion of the	13253
adjudication hearing.	13254

(2) The superintendent or the superintendent's designee shall	13255
provide the notice required by division (B)(1) of this section to	13256
the pupil and to the pupil's parent, guardian, or custodian by	13257
certified mail or personal service.	13258

(3)(a) If a pupil who is the subject of a resolution	13259
forwarded to the superintendent of public instruction by a board	13260
of education pursuant to section 3313.662 of the Revised Code is	13261
in the custody of the department of youth services pursuant to a	13262
disposition under any provision of Chapter 2152. of the Revised	13263
Code, other than division (A)(1)(a) of section 2152.16 of the	13264
Revised Code, at the time the resolution is forwarded, the	13265
department shall notify in writing the superintendent of public	13266
instruction and the board of education that forwarded the	13267
resolution of that fact. Upon receipt of the notice, the	13268
superintendent shall delay providing the notice required by	13269
division (B)(1) of this section and the adjudication of the	13270
request for permanent exclusion until the superintendent receives	13271
further notice from the department pursuant to division (B)(3)(b)	13272
of this section.	13273

(b) At least sixty days before a pupil described in division	13274
(B)(3)(a) of this section will be released from	13275
institutionalization or institutionalization in a secure facility	13276
by the department of youth services, the department shall notify	13277
in writing the superintendent of public instruction and the board	13278
of education that forwarded the resolution pursuant to section	13279
3313.662 of the Revised Code of the impending release and shall	13280
provide in that notice information regarding the extent of the	13281
education the pupil received while in the custody of the	13282
department, including whether the pupil has obtained a certificate	13283
of high school equivalence.	13284

If the pupil has not obtained a certificate of high school	13285
equivalence while in the custody of the department of youth	13286
services, the superintendent of public instruction shall provide	13287
the notice required by division (B)(1) of this section and, at	13288
least thirty days before the pupil is to be released from	13289
institutionalization or institutionalization in a secure facility,	13290
conduct an adjudication procedure to determine whether to	13291
permanently exclude the pupil from attending the public schools of	13292
this state in accordance with this section. If the pupil has	13293
obtained a certificate of high school equivalence while in the	13294
custody of the department, the superintendent, in the	13295
superintendent's discretion, may conduct the adjudication.	13296

(C)(1) Except as provided in division (B)(3) of this section,	13297
the date of the adjudication hearing set forth in the notice	13298
required by division (B)(1) of this section shall be a date no	13299
less than fourteen days nor more than twenty-one days from the	13300
date the superintendent sends the notice by certified mail or	13301
initiates personal service of the notice.	13302

(2) The superintendent, for good cause shown on the written	13303
request of the pupil or the pupil's parent, guardian, or	13304
custodian, or on the superintendent's own motion, may grant	13305
reasonable continuances of any adjudication hearing held under	13306
this section but shall not grant either party total continuances	13307
in excess of ten days.	13308

(3) If a pupil or the pupil's parent, guardian, or custodian	13309
does not appear at the adjudication hearing on a proposed	13310
permanent exclusion, the superintendent or the referee appointed	13311
by the superintendent shall proceed to conduct an adjudication	13312
hearing on the proposed permanent exclusion on the date for the	13313
adjudication hearing that is set forth in the notice provided	13314
pursuant to division (B)(1) of this section or on the date to	13315
which the hearing was continued pursuant to division (C)(2) of	13316
this section.	13317

(D)(1) The superintendent or a referee appointed by the	13318
superintendent may conduct an adjudication hearing to determine	13319
whether to permanently exclude a pupil in one of the following	13320
counties:	13321

(a) The county in which the superintendent holds the	13322
superintendent's office;	13323

(b) Upon the request of the pupil or the pupil's parent,	13324
guardian, custodian, or attorney, in the county in which the board	13325
of education that forwarded the resolution requesting the	13326
permanent exclusion is located if the superintendent, in the	13327
superintendent's discretion and upon consideration of evidence of	13328
hardship presented on behalf of the requesting pupil, determines	13329
that the hearing should be conducted in that county.	13330

(2) The superintendent of public instruction or a referee	13331
appointed by the superintendent shall conduct an adjudication	13332
hearing on a proposed permanent exclusion of a pupil. The referee	13333
may be an attorney admitted to the practice of law in this state	13334
but shall not be an attorney that represents the board of	13335
education that forwarded the resolution requesting the permanent	13336
exclusion.	13337

(3) The superintendent or referee who conducts an	13338
adjudication hearing under this section may administer oaths,	13339
issue subpoenas to compel the attendance of witnesses and	13340
evidence, and enforce the subpoenas by a contempt proceeding in	13341
the court of common pleas as provided by law. The superintendent	13342
or referee may require the separation of witnesses and may bar	13343
from the proceedings any person whose presence is not essential to	13344
the proceedings.	13345

(4) The superintendent of public instruction shall request	13346
the department of rehabilitation and correction, the sheriff, the	13347
department of youth services, or any publicly funded out-of-home	13348
care entity that has legal custody of a pupil who is the subject	13349
of an adjudication hearing held pursuant to this section to	13350
transport the pupil to the place of the adjudication hearing at	13351
the time and date set for the hearing. The department, sheriff, or	13352
publicly funded out-of-home care entity that receives the request	13353
shall provide transportation for the pupil who is the subject of	13354
the adjudication hearing to the place of the hearing at the time	13355
and date set for the hearing. The department, sheriff, or entity	13356
shall pay the cost of transporting the pupil to and from the	13357
hearing.	13358

(E)(1) An adjudication hearing held pursuant to this section	13359
shall be adversary in nature, shall be conducted fairly and	13360
impartially, and may be conducted without the formalities of a	13361
criminal proceeding. A pupil whose permanent exclusion is being	13362
adjudicated has the right to be represented by counsel at the	13363
adjudication hearing. If the pupil has the financial capacity to	13364
retain counsel, the superintendent or the referee is not required	13365
to provide counsel for the pupil. At the adjudication hearing, the	13366
pupil also has the right to cross-examine witnesses against the	13367
pupil, to testify, to present evidence and the testimony of	13368
witnesses on the pupil's behalf, and to raise factors in	13369
mitigation of the pupil's being permanently excluded.	13370

(2) In an adjudication hearing held pursuant to this section	13371
and section 3313.662 of the Revised Code, a representative of the	13372
school district of the board of education that adopted and	13373
forwarded the resolution requesting the permanent exclusion of the	13374
pupil shall present the case for permanent exclusion to the	13375
superintendent or the referee. The representative of the school	13376
district may be an attorney admitted to the practice of law in	13377
this state. At the adjudication hearing, the representative of the	13378
school district shall present evidence in support of the requested	13379
permanent exclusion. The superintendent or the superintendent's	13380
designee shall consider the entire school record of the pupil who	13381
is the subject of the adjudication and shall consider any of the	13382
following information that is available:	13383

(a) The academic record of the pupil and a record of any	13384
extracurricular activities in which the pupil previously was	13385
involved;	13386

(b) The disciplinary record of the pupil and any available	13387
records of the pupil's prior behavioral problems other than the	13388
behavioral problems contained in the disciplinary record;	13389

13390

(d) The pupil's response to the imposition of prior	13391
discipline and sanctions imposed for behavioral problems;	13392

(e) Evidence regarding the seriousness of and any aggravating	13393
factors related to the offense that is the basis of the resolution	13394
seeking permanent exclusion;	13395

(f) Any mitigating circumstances surrounding the offense that	13396
gave rise to the request for permanent exclusion;	13397

(g) Evidence regarding the probable danger posed to the	13398
health and safety of other pupils or of school employees by the	13399
continued presence of the pupil in a public school setting;	13400

(h) Evidence regarding the probable disruption of the	13401
teaching of any school district's graded course of study by the	13402
continued presence of the pupil in a public school setting;	13403

(i) Evidence regarding the availability of alternative	13404
sanctions of a less serious nature than permanent exclusion that	13405
would enable the pupil to remain in a public school setting	13406
without posing a significant danger to the health and safety of	13407
other pupils or of school employees and without posing a threat of	13408
the disruption of the teaching of any district's graded course of	13409
study.	13410

(3) In any adjudication hearing conducted pursuant to this	13411
section and section 3313.662 of the Revised Code, a court order	13412
that proves the adjudication or conviction that is the basis for	13413
the resolution of the board of education seeking permanent	13414
exclusion is sufficient evidence to prove that the pupil committed	13415
a violation as specified in division (F)(1) of this section.	13416

(4) The superintendent or the referee shall make or cause to	13417
be made a record of any adjudication hearing conducted pursuant to	13418
this section.	13419

(5) A referee who conducts an adjudication hearing pursuant	13420
to this section shall promptly report the referee's findings in	13421
writing to the superintendent at the conclusion of the	13422
adjudication hearing.	13423

(F) If an adjudication hearing is conducted or a	13424
determination is made pursuant to this section and section	13425
3313.662 of the Revised Code, the superintendent shall review and	13426
consider the evidence presented, the entire school record of the	13427
pupil, and any available information described in divisions	13428
(E)(2)(a) to (i) of this section and shall not enter an order of	13429
permanent exclusion unless the superintendent or the	13430
superintendent's appointed referee finds, by a preponderance of	13431
the evidence, both of the following:	13432

(1) That the pupil was convicted of or adjudicated a	13433
delinquent child for committing a violation listed in division (A)	13434
of section 3313.662 of the Revised Code and that the violation was	13435
committed when the child was sixteen years of age or older;	13436

(2) That the pupil's continued attendance in the public	13437
school system may endanger the health and safety of other pupils	13438
or school employees.	13439

(G)(1) Within seven days after the conclusion of an	13440
adjudication hearing that is conducted pursuant to this section,	13441
the superintendent of public instruction shall enter an order in	13442
relation to the permanent exclusion of the pupil who is the	13443
subject of the hearing or determination.	13444

(2) If the superintendent or a referee makes the findings	13445
described in divisions (F)(1) and (2) of this section, the	13446
superintendent shall issue a written order that permanently	13447
excludes the pupil from attending any of the public schools of	13448
this state and immediately shall send a written notice of the	13449
order to the board of education that forwarded the resolution, to	13450
the pupil who was the subject of the resolution, to that pupil's	13451
parent, guardian, or custodian, and to that pupil's attorney, that	13452
includes all of the following:	13453

(a) A copy of the order of permanent exclusion;

13454

(b) A statement informing the pupil and the pupil's parent,	13455
guardian, or custodian of the pupil's right to appeal the order of	13456
permanent exclusion pursuant to division (H) of this section and	13457
of the possible revocation of the permanent exclusion pursuant to	13458
division (I) of this section if a final judicial determination	13459
reverses the conviction or adjudication that was the basis for the	13460
permanent exclusion;	13461

(c) A statement informing the pupil and the pupil's parent,	13462
guardian, or custodian of the provisions of divisions (F), (G),	13463
and (H) of section 3313.662 of the Revised Code.	13464

(3) If the superintendent or a referee does not make the	13465
findings described in divisions (F)(1) and (2) of this section,	13466
the superintendent shall issue a written order that rejects the	13467
resolution of the board of education and immediately shall send	13468
written notice of that fact to the board of education that	13469
forwarded the resolution, to the pupil who was the subject of the	13470
proposed resolution, and to that pupil's parent, guardian, or	13471
custodian.	13472

(H) A pupil may appeal an order of permanent exclusion made	13473
by the superintendent of public instruction pursuant to this	13474
section and section 3313.662 of the Revised Code to the court of	13475
common pleas of the county in which the board of education that	13476
forwarded the resolution requesting the permanent exclusion is	13477
located. The appeal shall be conducted in accordance with Chapter	13478
2505. of the Revised Code.	13479

(I) If a final judicial determination reverses the conviction	13480
or adjudication that is the basis of a permanent exclusion ordered	13481
under this section, the superintendent of public instruction, upon	13482
receipt of a certified copy of an order reflecting that final	13483
determination from the pupil or that pupil's parent, guardian,	13484
custodian, or attorney, shall revoke the order of permanent	13485
exclusion.	13486

(J) As used in this section:

13487

(1) "Permanently exclude" and "permanent exclusion" have the	13488
same meanings as in section 3313.662 of the Revised Code.	13489

(2) "Out-of-home care" and "legal custody" have the same	13490
meanings as in section ~~2151.011~~2151.03 of the Revised Code.	13491

(3) "Certificate of high school equivalence" has the same	13492
meaning as in section 4109.06 of the Revised Code.	13493

Sec. 3301.54. (A)(1) Each preschool program shall be	13494
directed and supervised by a director, a head teacher, an	13495
elementary principal, or a site administrator who is on site and	13496
responsible for supervision of the program. Except as otherwise	13497
provided in division (A)(2), (3), or (4) of this section, this	13498
person shall hold a valid educator license designated as	13499
appropriate for teaching or being an administrator in a preschool	13500
setting issued pursuant to section 3319.22 of the Revised Code and	13501
have completed at least four courses in child development or early	13502
childhood education from an accredited college, university, or	13503
technical college.	13504

(2) If the person was employed prior to July 1, 1988, by a	13505
school district board of education or an eligible nonpublic school	13506
to direct a preschool program, the person shall be considered to	13507
meet the requirements of this section if the person holds a valid	13508
kindergarten-primary certificate described under former division	13509
(A) of section 3319.22 of the Revised Code as it existed on	13510
January 1, 1996.	13511

(3) If the person is employed to direct a preschool program	13512
operated by an eligible, nontax-supported, nonpublic school, the	13513
person shall be considered to meet the requirements of this	13514
section if the person holds a valid teaching certificate issued in	13515
accordance with section 3301.071 of the Revised Code.	13516

(B) Each preschool staff member shall be at least eighteen	13517
years of age and have a high school diploma or a certification of	13518
high school equivalency issued by the state board of education or	13519
a comparable agency of another state, except that a staff member	13520
may be less than eighteen years of age if the staff member is a	13521
graduate of a two-year vocational child-care training program	13522
approved by the state board of education, or is a student enrolled	13523
in the second year of such a program that leads to high school	13524
graduation, provided that the student performs duties in the	13525
preschool program under the continuous supervision of an	13526
experienced preschool staff member and receives periodic	13527
supervision from the vocational child-care training program	13528
teacher-coordinator in the student's high school.	13529

A preschool staff member shall annually complete fifteen	13530
hours of inservice training in child development or early	13531
childhood education, ~~child abuse recognition and prevention~~	13532
recognizing children who are children in need of protective	13533
services and preventing children from becoming children in need of	13534
protective services, and first aid, and in the prevention,	13535
recognition, and management of communicable diseases, until a	13536
total of forty-five hours has been completed, unless the staff	13537
member holds an associate or higher degree in child development or	13538
early childhood education from an accredited college, university,	13539
or technical college, or any type of educator license designated	13540
as appropriate for teaching in an associate teaching position in a	13541
preschool setting issued by the state board of education pursuant	13542
to section 3319.22 of the Revised Code.	13543

Sec. 3301.56. (A) The director of each preschool program	13544
shall be responsible for the following:	13545

(1) Ensuring that the health and safety of the children are	13546
safeguarded by an organized program of school health services	13547
designed to identify child health problems and to coordinate	13548
school and community health resources for children, as evidenced	13549
by but not limited to:	13550

(a) Requiring immunization and compliance with emergency	13551
medical authorization requirements in accordance with rules	13552
adopted by the state board of education under section 3301.53 of	13553
the Revised Code;	13554

(b) Providing procedures for emergency situations, including	13555
fire drills, rapid dismissals, tornado drills, and school safety	13556
drills in accordance with section 3737.73 of the Revised Code, and	13557
keeping records of such drills or dismissals;	13558

(c) Posting emergency procedures in preschool rooms and	13559
making them available to school personnel, children, and parents;	13560

(d) Posting emergency numbers by each telephone;

13561

(e) Supervising grounds, play areas, and other facilities	13562
when scheduled for use by children;	13563

(f) Providing first-aid facilities and materials.

13564

(2) Maintaining cumulative records for each child;

13565

(3) Supervising each child's admission, placement, and	13566
withdrawal according to established procedures;	13567

(4) Preparing at least once annually for each group of	13568
children in the program a roster of names and telephone numbers of	13569
parents, guardians, and custodians of children in the group and,	13570
on request, furnishing the roster for each group to the parents,	13571
guardians, and custodians of children in that group. The director	13572
may prepare a similar roster of all children in the program and,	13573
on request, make it available to the parents, guardians, and	13574
custodians, of children in the program. The director shall not	13575
include in either roster the name or telephone number of any	13576
parent, guardian, or custodian who requests that the parent's,	13577
guardian's, or custodian's name or number not be included, and	13578
shall not furnish any roster to any person other than a parent,	13579
guardian, or custodian of a child in the program.	13580

(5) Ensuring that clerical and custodial services are	13581
provided for the program;	13582

(6) Supervising the instructional program and the daily	13583
operation of the program;	13584

(7) Supervising and evaluating preschool staff members	13585
according to a planned sequence of observations and evaluation	13586
conferences, and supervising nonteaching employees.	13587

(B)(1) In each program the maximum number of children per	13588
preschool staff member and the maximum group size by age category	13589
of children shall be as follows:	13590

	Maximum		13591
	Group	Staff Member/	13592
Age Group	Size	Child Ratio	13593
Birth to less than 12 months	12	1:5, or 2:12 if	13594
		two preschool	13595
		staff members	13596
		are in the room	13597
12 months to less than 18 months	12	1:6	13598
18 months to less than 30 months	14	1:7	13599
30 months to less than 3 years	16	1:8	13600
3-year-olds	24	1:12	13601
4- and 5-year-olds not in school	28	1:14	13602

(2) When age groups are combined, the maximum number of	13603
children per preschool staff member shall be determined by the age	13604
of the youngest child in the group, except that when no more than	13605
one child thirty months of age or older receives child care in a	13606
group in which all the other children are in the next older age	13607
group, the maximum number of children per child-care staff member	13608
and maximum group size requirements of the older age group	13609
established under division (B)(1) of this section shall apply.	13610

(3) In a room where children are napping, if all the children	13611
are at least eighteen months of age, the maximum number of	13612
children per preschool staff member shall, for a period not to	13613
exceed one and one-half hours in any twenty-four hour day, be	13614
twice the maximum number of children per preschool staff member	13615
established under division (B)(1) of this section if all the	13616
following criteria are met:	13617

(a) At least one preschool staff member is present in the	13618
room;	13619

(b) Sufficient preschool staff members are present on the	13620
preschool program premises to comply with division (B)(1) of this	13621
section;	13622

(c) Naptime preparations have been completed and the children	13623
are resting or napping.	13624

(4) Any accredited program that uses the Montessori method	13625
endorsed by the American Montessori society or the association	13626
Montessori internationale as its primary method of instruction and	13627
is licensed as a preschool program under section 3301.58 of the	13628
Revised Code may combine preschool children of ages three to five	13629
years old with children enrolled in kindergarten. Notwithstanding	13630
anything to the contrary in division (B)(2) of this section, when	13631
such age groups are combined, the maximum number of children per	13632
preschool staff member shall be twelve and the maximum group size	13633
shall be twenty-four children.	13634

(C) In each building in which a preschool program is operated	13635
there shall be on the premises, and readily available at all	13636
times, at least one employee who has completed a course in first	13637
aid and in the prevention, recognition, and management of	13638
communicable diseases which is approved by the state department of	13639
health, and an employee who has completed a course in ~~child abuse~~	13640
~~recognition and prevention~~recognizing children who are children	13641
in need of protective services and preventing children from	13642
becoming children in need of protective services.	13643

(D) Any parent, guardian, or custodian of a child enrolled in	13644
a preschool program shall be permitted unlimited access to the	13645
school during its hours of operation to contact the parent's,	13646
guardian's, or custodian's child, evaluate the care provided by	13647
the program, or evaluate the premises, or for other purposes	13648
approved by the director. Upon entering the premises, the parent,	13649
guardian, or custodian shall report to the school office.	13650

Sec. 3313.64. (A) As used in this section and in section	13651
3313.65 of the Revised Code:	13652

(1)(a) Except as provided in division (A)(1)(b) of this	13653
section, "parent" means either parent, unless the parents are	13654
separated or divorced or their marriage has been dissolved or	13655
annulled, in which case "parent" means the parent who is the	13656
residential parent and legal custodian of the child. When a child	13657
is in the legal custody of a government agency or a person other	13658
than the child's natural or adoptive parent, "parent" means the	13659
parent with residual parental rights, privileges, and	13660
responsibilities. When a child is in the permanent custody of a	13661
government agency or a person other than the child's natural or	13662
adoptive parent, "parent" means the parent who was divested of	13663
parental rights and responsibilities for the care of the child and	13664
the right to have the child live with the parent and be the legal	13665
custodian of the child and all residual parental rights,	13666
privileges, and responsibilities.	13667

(b) When a child is the subject of a power of attorney	13668
executed under sections 3109.51 to 3109.62 of the Revised Code,	13669
"parent" means the grandparent designated as attorney in fact	13670
under the power of attorney. When a child is the subject of a	13671
caretaker authorization affidavit executed under sections 3109.64	13672
to 3109.73 of the Revised Code, "parent" means the grandparent	13673
that executed the affidavit.	13674

(2) "Legal custody," "permanent custody," and "residual	13675
parental rights, privileges, and responsibilities" have the same	13676
meanings as in section ~~2151.011~~2151.03 of the Revised Code.	13677

(3) "School district" or "district" means a city, local, or	13678
exempted village school district and excludes any school operated	13679
in an institution maintained by the department of youth services.	13680

(4) Except as used in division (C)(2) of this section, "home"	13681
means a home, institution, foster home, group home, or other	13682
residential facility in this state that receives and cares for	13683
children, to which any of the following applies:	13684

(a) The home is licensed, certified, or approved for such	13685
purpose by the state or is maintained by the department of youth	13686
services.	13687

(b) The home is operated by a person who is licensed,	13688
certified, or approved by the state to operate the home for such	13689
purpose.	13690

(c) The home accepted the child through a placement by a	13691
person licensed, certified, or approved to place a child in such a	13692
home by the state.	13693

(d) The home is a children's home created under section	13694
5153.21 or 5153.36 of the Revised Code.	13695

(5) "Agency" means all of the following:

13696

(a) A public children services agency;

13697

(b) An organization that holds a certificate issued by the	13698
Ohio department of job and family services in accordance with the	13699
requirements of section 5103.03 of the Revised Code and assumes	13700
temporary or permanent custody of children through commitment,	13701
agreement, or surrender, and places children in family homes for	13702
the purpose of adoption;	13703

(c) Comparable agencies of other states or countries that	13704
have complied with applicable requirements of section 2151.39 of	13705
the Revised Code or as applicable, sections 5103.20 to 5103.22 or	13706
5103.23 to 5103.237 of the Revised Code.	13707

(6) A child is placed for adoption if either of the following	13708
occurs:	13709

(a) An agency to which the child has been permanently	13710
committed or surrendered enters into an agreement with a person	13711
pursuant to section 5103.16 of the Revised Code for the care and	13712
adoption of the child.	13713

(b) The child's natural parent places the child pursuant to	13714
section 5103.16 of the Revised Code with a person who will care	13715
for and adopt the child.	13716

(7) "Preschool child with a disability" has the same	13717
meaning as in section 3323.01 of the Revised Code.	13718

(8) "Child," unless otherwise indicated, includes preschool	13719
children with disabilities.	13720

(9) "Active duty" means active duty pursuant to an executive	13721
order of the president of the United States, an act of the	13722
congress of the United States, or section 5919.29 or 5923.21 of	13723
the Revised Code.	13724

(B) Except as otherwise provided in section 3321.01 of the	13725
Revised Code for admittance to kindergarten and first grade, a	13726
child who is at least five but under twenty-two years of age and	13727
any preschool child with a disability shall be admitted to school	13728
as provided in this division.	13729

(1) A child shall be admitted to the schools of the school	13730
district in which the child's parent resides.	13731

(2) A child who does not reside in the district where the	13732
child's parent resides shall be admitted to the schools of the	13733
district in which the child resides if any of the following	13734
applies:	13735

(a) The child is in the legal or permanent custody of a	13736
government agency or a person other than the child's natural or	13737
adoptive parent.	13738

(b) The child resides in a home.

13739

13740

(3) A child who is not entitled under division (B)(2) of this	13741
section to be admitted to the schools of the district where the	13742
child resides and who is residing with a resident of this state	13743
with whom the child has been placed for adoption shall be admitted	13744
to the schools of the district where the child resides unless	13745
either of the following applies:	13746

(a) The placement for adoption has been terminated.

13747

(b) Another school district is required to admit the child	13748
under division (B)(1) of this section.	13749

Division (B) of this section does not prohibit the board of	13750
education of a school district from placing a child with a	13751
disability who resides in the district in a special education	13752
program outside of the district or its schools in compliance with	13753
Chapter 3323. of the Revised Code.	13754

(C) A district shall not charge tuition for children admitted	13755
under division (B)(1) or (3) of this section. If the district	13756
admits a child under division (B)(2) of this section, tuition	13757
shall be paid to the district that admits the child as provided	13758
in divisions (C)(1) to (3) of this section, unless division	13759
(C)(4) of this section applies to the child:	13760

(1) If the child receives special education in accordance	13761
with Chapter 3323. of the Revised Code, the school district of	13762
residence, as defined in section 3323.01 of the Revised Code,	13763
shall pay tuition for the child in accordance with section	13764
3323.091, 3323.13, 3323.14, or 3323.141 of the Revised Code	13765
regardless of who has custody of the child or whether the child	13766
resides in a home.	13767

(2) For a child that does not receive special education in	13768
accordance with Chapter 3323. of the Revised Code, except as	13769
otherwise provided in division (C)(2)(d) of this section, if the	13770
child is in the permanent or legal custody of a government agency	13771
or person other than the child's parent, tuition shall be paid by:	13772

(a) The district in which the child's parent resided at the	13773
time the court removed the child from home or at the time the	13774
court vested legal or permanent custody of the child in the person	13775
or government agency, whichever occurred first;	13776

(b) If the parent's residence at the time the court removed	13777
the child from home or placed the child in the legal or permanent	13778
custody of the person or government agency is unknown, tuition	13779
shall be paid by the district in which the child resided at the	13780
time the child was removed from home or placed in legal or	13781
permanent custody, whichever occurred first;	13782

(c) If a school district cannot be established under division	13783
(C)(2)(a) or (b) of this section, tuition shall be paid by the	13784
district determined as required by section 2151.362 of the Revised	13785
Code by the court at the time it vests custody of the child in the	13786
person or government agency;	13787

(d) If at the time the court removed the child from home or	13788
vested legal or permanent custody of the child in the person or	13789
government agency, whichever occurred first, one parent was in a	13790
residential or correctional facility or a juvenile residential	13791
placement and the other parent, if living and not in such a	13792
facility or placement, was not known to reside in this state,	13793
tuition shall be paid by the district determined under division	13794
(D) of section 3313.65 of the Revised Code as the district	13795
required to pay any tuition while the parent was in such facility	13796
or placement;	13797

(e) If the department of education has determined, pursuant	13798
to division (A)(2) of section 2151.362 of the Revised Code, that	13799
a school district other than the one named in the court's initial	13800
order, or in a prior determination of the department, is	13801
responsible to bear the cost of educating the child, the district	13802
so determined shall be responsible for that cost.	13803

(3) If the child is not in the permanent or legal custody of	13804
a government agency or person other than the child's parent and	13805
the child resides in a home, tuition shall be paid by one of the	13806
following:	13807

(a) The school district in which the child's parent resides;

13808

(b) If the child's parent is not a resident of this state,	13809
the home in which the child resides.	13810

(4) Division (C)(4) of this section applies to any child who	13811
is admitted to a school district under division (B)(2) of this	13812
section, resides in a home that is not a foster home or a home	13813
maintained by the department of youth services, receives	13814
educational services at the home in which the child resides	13815
pursuant to a contract between the home and the school district	13816
providing those services, and does not receive special education.	13817

In the case of a child to which division (C)(4) of this	13818
section applies, the total educational cost to be paid for the	13819
child shall be determined by a formula approved by the department	13820
of education, which formula shall be designed to calculate a per	13821
diem cost for the educational services provided to the child for	13822
each day the child is served and shall reflect the total actual	13823
cost incurred in providing those services. The department shall	13824
certify the total educational cost to be paid for the child to	13825
both the school district providing the educational services and,	13826
if different, the school district that is responsible to pay	13827
tuition for the child. The department shall deduct the certified	13828
amount from the state basic aid funds payable under Chapter 3317.	13829
of the Revised Code to the district responsible to pay tuition	13830
and shall pay that amount to the district providing the	13831
educational services to the child.	13832

(D) Tuition required to be paid under divisions (C)(2) and	13833
(3)(a) of this section shall be computed in accordance with	13834
section 3317.08 of the Revised Code. Tuition required to be paid	13835
under division (C)(3)(b) of this section shall be computed in	13836
accordance with section 3317.081 of the Revised Code. If a home	13837
fails to pay the tuition required by division (C)(3)(b) of this	13838
section, the board of education providing the education may	13839
recover in a civil action the tuition and the expenses incurred in	13840
prosecuting the action, including court costs and reasonable	13841
attorney's fees. If the prosecuting attorney or city director of	13842
law represents the board in such action, costs and reasonable	13843
attorney's fees awarded by the court, based upon the prosecuting	13844
attorney's, director's, or one of their designee's time spent	13845
preparing and presenting the case, shall be deposited in the	13846
county or city general fund.	13847

(E) A board of education may enroll a child free of any	13848
tuition obligation for a period not to exceed sixty days, on the	13849
sworn statement of an adult resident of the district that the	13850
resident has initiated legal proceedings for custody of the child.	13851

(F) In the case of any individual entitled to attend school	13852
under this division, no tuition shall be charged by the school	13853
district of attendance and no other school district shall be	13854
required to pay tuition for the individual's attendance.	13855
Notwithstanding division (B), (C), or (E) of this section:	13856

(1) All persons at least eighteen but under twenty-two years	13857
of age who live apart from their parents, support themselves by	13858
their own labor, and have not successfully completed the high	13859
school curriculum or the individualized education program	13860
developed for the person by the high school pursuant to section	13861
3323.08 of the Revised Code, are entitled to attend school in the	13862
district in which they reside.	13863

(2) Any child under eighteen years of age who is married is	13864
entitled to attend school in the child's district of residence.	13865

(3) A child is entitled to attend school in the district in	13866
which either of the child's parents is employed if the child has a	13867
medical condition that may require emergency medical attention.	13868
The parent of a child entitled to attend school under division	13869
(F)(3) of this section shall submit to the board of education of	13870
the district in which the parent is employed a statement from the	13871
child's physician certifying that the child's medical condition	13872
may require emergency medical attention. The statement shall be	13873
supported by such other evidence as the board may require.	13874

(4) Any child residing with a person other than the child's	13875
parent is entitled, for a period not to exceed twelve months, to	13876
attend school in the district in which that person resides if the	13877
child's parent files an affidavit with the superintendent of the	13878
district in which the person with whom the child is living resides	13879
stating all of the following:	13880

(a) That the parent is serving outside of the state in the	13881
armed services of the United States;	13882

(b) That the parent intends to reside in the district upon	13883
returning to this state;	13884

(c) The name and address of the person with whom the child is	13885
living while the parent is outside the state.	13886

(5) Any child under the age of twenty-two years who, after	13887
the death of a parent, resides in a school district other than the	13888
district in which the child attended school at the time of the	13889
parent's death is entitled to continue to attend school in the	13890
district in which the child attended school at the time of the	13891
parent's death for the remainder of the school year, subject to	13892
approval of that district board.	13893

(6) A child under the age of twenty-two years who resides	13894
with a parent who is having a new house built in a school district	13895
outside the district where the parent is residing is entitled to	13896
attend school for a period of time in the district where the new	13897
house is being built. In order to be entitled to such attendance,	13898
the parent shall provide the district superintendent with the	13899
following:	13900

(a) A sworn statement explaining the situation, revealing the	13901
location of the house being built, and stating the parent's	13902
intention to reside there upon its completion;	13903

(b) A statement from the builder confirming that a new house	13904
is being built for the parent and that the house is at the	13905
location indicated in the parent's statement.	13906

(7) A child under the age of twenty-two years residing with a	13907
parent who has a contract to purchase a house in a school district	13908
outside the district where the parent is residing and who is	13909
waiting upon the date of closing of the mortgage loan for the	13910
purchase of such house is entitled to attend school for a period	13911
of time in the district where the house is being purchased. In	13912
order to be entitled to such attendance, the parent shall provide	13913
the district superintendent with the following:	13914

(a) A sworn statement explaining the situation, revealing the	13915
location of the house being purchased, and stating the parent's	13916
intent to reside there;	13917

(b) A statement from a real estate broker or bank officer	13918
confirming that the parent has a contract to purchase the house,	13919
that the parent is waiting upon the date of closing of the	13920
mortgage loan, and that the house is at the location indicated in	13921
the parent's statement.	13922

The district superintendent shall establish a period of time	13923
not to exceed ninety days during which the child entitled to	13924
attend school under division (F)(6) or (7) of this section may	13925
attend without tuition obligation. A student attending a school	13926
under division (F)(6) or (7) of this section shall be eligible to	13927
participate in interscholastic athletics under the auspices of	13928
that school, provided the board of education of the school	13929
district where the student's parent resides, by a formal action,	13930
releases the student to participate in interscholastic athletics	13931
at the school where the student is attending, and provided the	13932
student receives any authorization required by a public agency or	13933
private organization of which the school district is a member	13934
exercising authority over interscholastic sports.	13935

(8) A child whose parent is a full-time employee of a city,	13936
local, or exempted village school district, or of an educational	13937
service center, may be admitted to the schools of the district	13938
where the child's parent is employed, or in the case of a child	13939
whose parent is employed by an educational service center, in the	13940
district that serves the location where the parent's job is	13941
primarily located, provided the district board of education	13942
establishes such an admission policy by resolution adopted by a	13943
majority of its members. Any such policy shall take effect on the	13944
first day of the school year and the effective date of any	13945
amendment or repeal may not be prior to the first day of the	13946
subsequent school year. The policy shall be uniformly applied to	13947
all such children and shall provide for the admission of any such	13948
child upon request of the parent. No child may be admitted under	13949
this policy after the first day of classes of any school year.	13950

(9) A child who is with the child's parent under the care of	13951
a shelter for victims of domestic violence, as defined in section	13952
3113.33 of the Revised Code, is entitled to attend school free in	13953
the district in which the child is with the child's parent, and no	13954
other school district shall be required to pay tuition for the	13955
child's attendance in that school district.	13956

The enrollment of a child in a school district under this	13957
division shall not be denied due to a delay in the school	13958
district's receipt of any records required under section 3313.672	13959
of the Revised Code or any other records required for enrollment.	13960
Any days of attendance and any credits earned by a child while	13961
enrolled in a school district under this division shall be	13962
transferred to and accepted by any school district in which the	13963
child subsequently enrolls. The state board of education shall	13964
adopt rules to ensure compliance with this division.	13965

(10) Any child under the age of twenty-two years whose parent	13966
has moved out of the school district after the commencement of	13967
classes in the child's senior year of high school is entitled,	13968
subject to the approval of that district board, to attend school	13969
in the district in which the child attended school at the time of	13970
the parental move for the remainder of the school year and for one	13971
additional semester or equivalent term. A district board may also	13972
adopt a policy specifying extenuating circumstances under which a	13973
student may continue to attend school under division (F)(10) of	13974
this section for an additional period of time in order to	13975
successfully complete the high school curriculum for the	13976
individualized education program developed for the student by the	13977
high school pursuant to section 3323.08 of the Revised Code.	13978

(11) As used in this division, "grandparent" means a parent	13979
of a parent of a child. A child under the age of twenty-two years	13980
who is in the custody of the child's parent, resides with a	13981
grandparent, and does not require special education is entitled to	13982
attend the schools of the district in which the child's	13983
grandparent resides, provided that, prior to such attendance in	13984
any school year, the board of education of the school district in	13985
which the child's grandparent resides and the board of education	13986
of the school district in which the child's parent resides enter	13987
into a written agreement specifying that good cause exists for	13988
such attendance, describing the nature of this good cause, and	13989
consenting to such attendance.	13990

In lieu of a consent form signed by a parent, a board of	13991
education may request the grandparent of a child attending school	13992
in the district in which the grandparent resides pursuant to	13993
division (F)(11) of this section to complete any consent form	13994
required by the district, including any authorization required by	13995
sections 3313.712, 3313.713, 3313.716, and 3313.718 of the Revised	13996
Code. Upon request, the grandparent shall complete any consent	13997
form required by the district. A school district shall not incur	13998
any liability solely because of its receipt of a consent form from	13999
a grandparent in lieu of a parent.	14000

Division (F)(11) of this section does not create, and shall	14001
not be construed as creating, a new cause of action or substantive	14002
legal right against a school district, a member of a board of	14003
education, or an employee of a school district. This section does	14004
not affect, and shall not be construed as affecting, any	14005
immunities from defenses to tort liability created or recognized	14006
by Chapter 2744. of the Revised Code for a school district,	14007
member, or employee.	14008

(12) A child under the age of twenty-two years is entitled to	14009
attend school in a school district other than the district in	14010
which the child is entitled to attend school under division (B),	14011
(C), or (E) of this section provided that, prior to such	14012
attendance in any school year, both of the following occur:	14013

(a) The superintendent of the district in which the child is	14014
entitled to attend school under division (B), (C), or (E) of this	14015
section contacts the superintendent of another district for	14016
purposes of this division;	14017

(b) The superintendents of both districts enter into a	14018
written agreement that consents to the attendance and specifies	14019
that the purpose of such attendance is to protect the student's	14020
physical or mental well-being or to deal with other extenuating	14021
circumstances deemed appropriate by the superintendents.	14022

While an agreement is in effect under this division for a	14023
student who is not receiving special education under Chapter 3323.	14024
of the Revised Code and notwithstanding Chapter 3327. of the	14025
Revised Code, the board of education of neither school district	14026
involved in the agreement is required to provide transportation	14027
for the student to and from the school where the student attends.	14028

A student attending a school of a district pursuant to this	14029
division shall be allowed to participate in all student	14030
activities, including interscholastic athletics, at the school	14031
where the student is attending on the same basis as any student	14032
who has always attended the schools of that district while of	14033
compulsory school age.	14034

(13) All school districts shall comply with the	14035
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et	14036
seq., for the education of homeless children. Each city, local,	14037
and exempted village school district shall comply with the	14038
requirements of that act governing the provision of a free,	14039
appropriate public education, including public preschool, to each	14040
homeless child.	14041

When a child loses permanent housing and becomes a homeless	14042
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is	14043
such a homeless person changes temporary living arrangements, the	14044
child's parent or guardian shall have the option of enrolling the	14045
child in either of the following:	14046

(a) The child's school of origin, as defined in 42 U.S.C.A.	14047
11432(g)(3)(C);	14048

(b) The school that is operated by the school district in	14049
which the shelter where the child currently resides is located and	14050
that serves the geographic area in which the shelter is located.	14051

(14) A child under the age of twenty-two years who resides	14052
with a person other than the child's parent is entitled to attend	14053
school in the school district in which that person resides if both	14054
of the following apply:	14055

(a) That person has been appointed, through a military power	14056
of attorney executed under section 574(a) of the "National Defense	14057
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10	14058
U.S.C. 1044b, or through a comparable document necessary to	14059
complete a family care plan, as the parent's agent for the care,	14060
custody, and control of the child while the parent is on active	14061
duty as a member of the national guard or a reserve unit of the	14062
armed forces of the United States or because the parent is a	14063
member of the armed forces of the United States and is on a duty	14064
assignment away from the parent's residence.	14065

(b) The military power of attorney or comparable document	14066
includes at least the authority to enroll the child in school.	14067

The entitlement to attend school in the district in which the	14068
parent's agent under the military power of attorney or comparable	14069
document resides applies until the end of the school year in which	14070
the military power of attorney or comparable document expires.	14071

(G) A board of education, after approving admission, may	14072
waive tuition for students who will temporarily reside in the	14073
district and who are either of the following:	14074

(1) Residents or domiciliaries of a foreign nation who	14075
request admission as foreign exchange students;	14076

(2) Residents or domiciliaries of the United States but not	14077
of Ohio who request admission as participants in an exchange	14078
program operated by a student exchange organization.	14079

(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04,	14080
3327.04, and 3327.06 of the Revised Code, a child may attend	14081
school or participate in a special education program in a school	14082
district other than in the district where the child is entitled to	14083
attend school under division (B) of this section.	14084

(I)(1) Notwithstanding anything to the contrary in this	14085
section or section 3313.65 of the Revised Code, a child under	14086
twenty-two years of age may attend school in the school district	14087
in which the child, at the end of the first full week of October	14088
of the school year, was entitled to attend school as otherwise	14089
provided under this section or section 3313.65 of the Revised	14090
Code, if at that time the child was enrolled in the schools of the	14091
district but since that time the child or the child's parent has	14092
relocated to a new address located outside of that school district	14093
and within the same county as the child's or parent's address	14094
immediately prior to the relocation. The child may continue to	14095
attend school in the district, and at the school to which the	14096
child was assigned at the end of the first full week of October of	14097
the current school year, for the balance of the school year.	14098
Division (I)(1) of this section applies only if both of the	14099
following conditions are satisfied:	14100

(a) The board of education of the school district in which	14101
the child was entitled to attend school at the end of the first	14102
full week in October and of the district to which the child or	14103
child's parent has relocated each has adopted a policy to enroll	14104
children described in division (I)(1) of this section.	14105

(b) The child's parent provides written notification of the	14106
relocation outside of the school district to the superintendent of	14107
each of the two school districts.	14108

(2) At the beginning of the school year following the school	14109
year in which the child or the child's parent relocated outside of	14110
the school district as described in division (I)(1) of this	14111
section, the child is not entitled to attend school in the school	14112
district under that division.	14113

(3) Any person or entity owing tuition to the school district	14114
on behalf of the child at the end of the first full week in	14115
October, as provided in division (C) of this section, shall	14116
continue to owe such tuition to the district for the child's	14117
attendance under division (I)(1) of this section for the lesser of	14118
the balance of the school year or the balance of the time that the	14119
child attends school in the district under division (I)(1) of this	14120
section.	14121

(4) A pupil who may attend school in the district under	14122
division (I)(1) of this section shall be entitled to	14123
transportation services pursuant to an agreement between the	14124
district and the district in which the child or child's parent has	14125
relocated unless the districts have not entered into such	14126
agreement, in which case the child shall be entitled to	14127
transportation services in the same manner as a pupil attending	14128
school in the district under interdistrict open enrollment as	14129
described in division (H) of section 3313.981 of the Revised	14130
Code, regardless of whether the district has adopted an open	14131
enrollment policy as described in division (B)(1)(b) or (c) of	14132
section 3313.98 of the Revised Code.	14133

(J) This division does not apply to a child receiving special	14134
education.	14135

A school district required to pay tuition pursuant to	14136
division (C)(2) or (3) of this section or section 3313.65 of the	14137
Revised Code shall have an amount deducted under division (F) of	14138
section 3317.023 of the Revised Code equal to its own tuition rate	14139
for the same period of attendance. A school district entitled to	14140
receive tuition pursuant to division (C)(2) or (3) of this section	14141
or section 3313.65 of the Revised Code shall have an amount	14142
credited under division (F) of section 3317.023 of the Revised	14143
Code equal to its own tuition rate for the same period of	14144
attendance. If the tuition rate credited to the district of	14145
attendance exceeds the rate deducted from the district required to	14146
pay tuition, the department of education shall pay the district of	14147
attendance the difference from amounts deducted from all	14148
districts' payments under division (F) of section 3317.023 of the	14149
Revised Code but not credited to other school districts under such	14150
division and from appropriations made for such purpose. The	14151
treasurer of each school district shall, by the fifteenth day of	14152
January and July, furnish the superintendent of public instruction	14153
a report of the names of each child who attended the district's	14154
schools under divisions (C)(2) and (3) of this section or section	14155
3313.65 of the Revised Code during the preceding six calendar	14156
months, the duration of the attendance of those children, the	14157
school district responsible for tuition on behalf of the child,	14158
and any other information that the superintendent requires.	14159

Upon receipt of the report the superintendent, pursuant to	14160
division (F) of section 3317.023 of the Revised Code, shall deduct	14161
each district's tuition obligations under divisions (C)(2) and (3)	14162
of this section or section 3313.65 of the Revised Code and pay to	14163
the district of attendance that amount plus any amount required to	14164
be paid by the state.	14165

(K) In the event of a disagreement, the superintendent of	14166
public instruction shall determine the school district in which	14167
the parent resides.	14168

(L) Nothing in this section requires or authorizes, or shall	14169
be construed to require or authorize, the admission to a public	14170
school in this state of a pupil who has been permanently excluded	14171
from public school attendance by the superintendent of public	14172
instruction pursuant to sections 3301.121 and 3313.662 of the	14173
Revised Code.	14174

(M) In accordance with division (B)(1) of this section, a	14175
child whose parent is a member of the national guard or a reserve	14176
unit of the armed forces of the United States and is called to	14177
active duty, or a child whose parent is a member of the armed	14178
forces of the United States and is ordered to a temporary duty	14179
assignment outside of the district, may continue to attend school	14180
in the district in which the child's parent lived before being	14181
called to active duty or ordered to a temporary duty assignment	14182
outside of the district, as long as the child's parent continues	14183
to be a resident of that district, and regardless of where the	14184
child lives as a result of the parent's active duty status or	14185
temporary duty assignment. However, the district is not	14186
responsible for providing transportation for the child if the	14187
child lives outside of the district as a result of the parent's	14188
active duty status or temporary duty assignment.	14189

Sec. 3313.662. (A) The superintendent of public instruction,	14190
pursuant to this section and the adjudication procedures of	14191
section 3301.121 of the Revised Code, may issue an adjudication	14192
order that permanently excludes a pupil from attending any of the	14193
public schools of this state if the pupil is convicted of, or	14194
adjudicated a delinquent child for, committing, when the pupil was	14195
sixteen years of age or older, an act that would be a criminal	14196
offense if committed by an adult and if the act is any of the	14197
following:	14198

(1) A violation of section 2923.122 of the Revised Code;

14199

(2) A violation of section 2923.12 of the Revised Code, of a	14200
substantially similar municipal ordinance, or of section 2925.03	14201
of the Revised Code that was committed on property owned or	14202
controlled by, or at an activity held under the auspices of, a	14203
board of education of a city, local, exempted village, or joint	14204
vocational school district;	14205

(3) A violation of section 2925.11 of the Revised Code, other	14206
than a violation of that section that would be a minor drug	14207
possession offense, that was committed on property owned or	14208
controlled by, or at an activity held under the auspices of, the	14209
board of education of a city, local, exempted village, or joint	14210
vocational school district;	14211

(4) A violation of section 2903.01, 2903.02, 2903.03,	14212
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 or of former	14213
section 2907.12 of the Revised Code that was committed on property	14214
owned or controlled by, or at an activity held under the auspices	14215
of, a board of education of a city, local, exempted village, or	14216
joint vocational school district, if the victim at the time of the	14217
commission of the act was an employee of that board of education;	14218

(5) Complicity in any violation described in division (A)(1),	14219
(2), (3), or (4) of this section that was alleged to have been	14220
committed in the manner described in division (A)(1), (2), (3), or	14221
(4) of this section, regardless of whether the act of complicity	14222
was committed on property owned or controlled by, or at an	14223
activity held under the auspices of, a board of education of a	14224
city, local, exempted village, or joint vocational school	14225
district.	14226

(B) A pupil may be suspended or expelled in accordance with	14227
section 3313.66 of the Revised Code prior to being permanently	14228
excluded from public school attendance under this section and	14229
section 3301.121 of the Revised Code.	14230

(C)(1) If the superintendent of a city, local, exempted	14231
village, or joint vocational school district in which a pupil	14232
attends school obtains or receives proof that the pupil has been	14233
convicted of committing when the pupil was sixteen years of age or	14234
older a violation listed in division (A) of this section or	14235
adjudicated a delinquent child for the commission when the pupil	14236
was sixteen years of age or older of a violation listed in	14237
division (A) of this section, the superintendent may issue to the	14238
board of education of the school district a request that the pupil	14239
be permanently excluded from public school attendance, if both of	14240
the following apply:	14241

(a) After obtaining or receiving proof of the conviction or	14242
adjudication, the superintendent or the superintendent's designee	14243
determines that the pupil's continued attendance in school may	14244
endanger the health and safety of other pupils or school employees	14245
and gives the pupil and the pupil's parent, guardian, or custodian	14246
written notice that the superintendent intends to recommend to the	14247
board of education that the board adopt a resolution requesting	14248
the superintendent of public instruction to permanently exclude	14249
the pupil from public school attendance.	14250

(b) The superintendent or the superintendent's designee	14251
forwards to the board of education the superintendent's written	14252
recommendation that includes the determinations the superintendent	14253
or designee made pursuant to division (C)(1)(a) of this section	14254
and a copy of the proof the superintendent received showing that	14255
the pupil has been convicted of or adjudicated a delinquent child	14256
for a violation listed in division (A) of this section that was	14257
committed when the pupil was sixteen years of age or older.	14258

(2) Within fourteen days after receipt of a recommendation	14259
from the superintendent pursuant to division (C)(1)(b) of this	14260
section that a pupil be permanently excluded from public school	14261
attendance, the board of education of a city, local, exempted	14262
village, or joint vocational school district, after review and	14263
consideration of all of the following available information, may	14264
adopt a resolution requesting the superintendent of public	14265
instruction to permanently exclude the pupil who is the subject of	14266
the recommendation from public school attendance:	14267

(a) The academic record of the pupil and a record of any	14268
extracurricular activities in which the pupil previously was	14269
involved;	14270

(b) The disciplinary record of the pupil and any available	14271
records of the pupil's prior behavioral problems other than the	14272
behavioral problems contained in the disciplinary record;	14273

14274

(d) The pupil's response to the imposition of prior	14275
discipline and sanctions imposed for behavioral problems;	14276

(e) Evidence regarding the seriousness of and any aggravating	14277
factors related to the offense that is the basis of the resolution	14278
seeking permanent exclusion;	14279

(f) Any mitigating circumstances surrounding the offense that	14280
gave rise to the request for permanent exclusion;	14281

(g) Evidence regarding the probable danger posed to the	14282
health and safety of other pupils or of school employees by the	14283
continued presence of the pupil in a public school setting;	14284

(h) Evidence regarding the probable disruption of the	14285
teaching of any school district's graded course of study by the	14286
continued presence of the pupil in a public school setting;	14287

(i) Evidence regarding the availability of alternative	14288
sanctions of a less serious nature than permanent exclusion that	14289
would enable the pupil to remain in a public school setting	14290
without posing a significant danger to the health and safety of	14291
other pupils or of school employees and without posing a threat of	14292
the disruption of the teaching of any district's graded course of	14293
study.	14294

(3) If the board does not adopt a resolution requesting the	14295
superintendent of public instruction to permanently exclude the	14296
pupil, it immediately shall send written notice of that fact to	14297
the superintendent who sought the resolution, to the pupil who was	14298
the subject of the proposed resolution, and to that pupil's	14299
parent, guardian, or custodian.	14300

(D)(1) Upon adoption of a resolution under division (C) of	14301
this section, the board of education immediately shall forward to	14302
the superintendent of public instruction the written resolution,	14303
proof of the conviction or adjudication that is the basis of the	14304
resolution, a copy of the pupil's entire school record, and any	14305
other relevant information and shall forward a copy of the	14306
resolution to the pupil who is the subject of the recommendation	14307
and to that pupil's parent, guardian, or custodian.	14308

(2) The board of education that adopted and forwarded the	14309
resolution requesting the permanent exclusion of the pupil to the	14310
superintendent of public instruction promptly shall designate a	14311
representative of the school district to present the case for	14312
permanent exclusion to the superintendent or the referee appointed	14313
by the superintendent. The representative of the school district	14314
may be an attorney admitted to the practice of law in this state.	14315
At the adjudication hearing held pursuant to section 3301.121 of	14316
the Revised Code, the representative of the school district shall	14317
present evidence in support of the requested permanent exclusion.	14318

(3) Upon receipt of a board of education's resolution	14319
requesting the permanent exclusion of a pupil from public school	14320
attendance, the superintendent of public instruction, in	14321
accordance with the adjudication procedures of section 3301.121 of	14322
the Revised Code, promptly shall issue an adjudication order that	14323
either permanently excludes the pupil from attending any of the	14324
public schools of this state or that rejects the resolution of the	14325
board of education.	14326

(E) Notwithstanding any provision of section 3313.64 of the	14327
Revised Code or an order of any court of this state that otherwise	14328
requires the admission of the pupil to a school, no school	14329
official in a city, local, exempted village, or joint vocational	14330
school district knowingly shall admit to any school in the school	14331
district a pupil who has been permanently excluded from public	14332
school attendance by the superintendent of public instruction.	14333

(F)(1)(a) Upon determining that the school attendance of a	14334
pupil who has been permanently excluded from public school	14335
attendance no longer will endanger the health and safety of other	14336
students or school employees, the superintendent of any city,	14337
local, exempted village, or joint vocational school district in	14338
which the pupil desires to attend school may issue to the board of	14339
education of the school district a recommendation, including the	14340
reasons for the recommendation, that the permanent exclusion of a	14341
pupil be revoked and the pupil be allowed to return to the public	14342
schools of the state.	14343

If any violation which in whole or in part gave rise to the	14344
permanent exclusion of any pupil involved the pupil's bringing a	14345
firearm to a school operated by the board of education of a school	14346
district or onto any other property owned or operated by such a	14347
board, no superintendent shall recommend under this division an	14348
effective date for the revocation of the pupil's permanent	14349
exclusion that is less than one year after the date on which the	14350
last such firearm incident occurred. However, on a case-by-case	14351
basis, a superintendent may recommend an earlier effective date	14352
for such a revocation for any of the reasons for which the	14353
superintendent may reduce the one-year expulsion requirement in	14354
division (B)(2) of section 3313.66 of the Revised Code.	14355

(b) Upon receipt of the recommendation of the superintendent	14356
that a permanent exclusion of a pupil be revoked, the board of	14357
education of a city, local, exempted village, or joint vocational	14358
school district may adopt a resolution by a majority vote of its	14359
members requesting the superintendent of public instruction to	14360
revoke the permanent exclusion of the pupil. Upon adoption of the	14361
resolution, the board of education shall forward a copy of the	14362
resolution, the reasons for the resolution, and any other relevant	14363
information to the superintendent of public instruction.	14364

(c) Upon receipt of a resolution of a board of education	14365
requesting the revocation of a permanent exclusion of a pupil, the	14366
superintendent of public instruction, in accordance with the	14367
adjudication procedures of Chapter 119. of the Revised Code, shall	14368
issue an adjudication order that revokes the permanent exclusion	14369
of the pupil from public school attendance or that rejects the	14370
resolution of the board of education.	14371

(2)(a) A pupil who has been permanently excluded pursuant to	14372
this section and section 3301.121 of the Revised Code may request	14373
the superintendent of any city, local, exempted village, or joint	14374
vocational school district in which the pupil desires to attend	14375
school to admit the pupil on a probationary basis for a period not	14376
to exceed ninety school days. Upon receiving the request, the	14377
superintendent may enter into discussions with the pupil and with	14378
the pupil's parent, guardian, or custodian or a person designated	14379
by the pupil's parent, guardian, or custodian to develop a	14380
probationary admission plan designed to assist the pupil's	14381
probationary admission to the school. The plan may include a	14382
treatment program, a behavioral modification program, or any other	14383
program reasonably designed to meet the educational needs of the	14384
child and the disciplinary requirements of the school.	14385

If any violation which in whole or in part gave rise to the	14386
permanent exclusion of the pupil involved the pupil's bringing a	14387
firearm to a school operated by the board of education of any	14388
school district or onto any other property owned or operated by	14389
such a board, no plan developed under this division for the pupil	14390
shall include an effective date for the probationary admission of	14391
the pupil that is less than one year after the date on which the	14392
last such firearm incident occurred except that on a case-by-case	14393
basis, a plan may include an earlier effective date for such an	14394
admission for any of the reasons for which the superintendent of	14395
the district may reduce the one-year expulsion requirement in	14396
division (B)(2) of section 3313.66 of the Revised Code.	14397

(b) If the superintendent of a school district, a pupil, and	14398
the pupil's parent, guardian, or custodian or a person designated	14399
by the pupil's parent, guardian, or custodian agree upon a	14400
probationary admission plan prepared pursuant to division	14401
(F)(2)(a) of this section, the superintendent of the school	14402
district shall issue to the board of education of the school	14403
district a recommendation that the pupil be allowed to attend	14404
school within the school district under probationary admission,	14405
the reasons for the recommendation, and a copy of the agreed upon	14406
probationary admission plan. Within fourteen days after the board	14407
of education receives the recommendation, reasons, and plan, the	14408
board may adopt the recommendation by a majority vote of its	14409
members. If the board adopts the recommendation, the pupil may	14410
attend school under probationary admission within that school	14411
district for a period not to exceed ninety days or any additional	14412
probationary period permitted under divisions (F)(2)(d) and (e) of	14413
this section in accordance with the probationary admission plan	14414
prepared pursuant to division (F)(2)(a) of this section.	14415

(c) If a pupil who is permitted to attend school under	14416
probationary admission pursuant to division (F)(2)(b) of this	14417
section fails to comply with the probationary admission plan	14418
prepared pursuant to division (F)(2)(a) of this section, the	14419
superintendent of the school district immediately may remove the	14420
pupil from the school and issue to the board of education of the	14421
school district a recommendation that the probationary admission	14422
be revoked. Within five days after the board of education receives	14423
the recommendation, the board may adopt the recommendation to	14424
revoke the pupil's probationary admission by a majority vote of	14425
its members. If a majority of the board does not adopt the	14426
recommendation to revoke the pupil's probationary admission, the	14427
pupil shall continue to attend school in compliance with the	14428
pupil's probationary admission plan.	14429

(d) If a pupil who is permitted to attend school under	14430
probationary admission pursuant to division (F)(2)(b) of this	14431
section complies with the probationary admission plan prepared	14432
pursuant to division (F)(2)(a) of this section, the pupil or the	14433
pupil's parent, guardian, or custodian, at any time before the	14434
expiration of the ninety-day probationary admission period, may	14435
request the superintendent of the school district to extend the	14436
terms and period of the pupil's probationary admission for a	14437
period not to exceed ninety days or to issue a recommendation	14438
pursuant to division (F)(1) of this section that the pupil's	14439
permanent exclusion be revoked and the pupil be allowed to return	14440
to the public schools of this state.	14441

(e) If a pupil is granted an extension of the pupil's	14442
probationary admission pursuant to division (F)(2)(d) of this	14443
section, the pupil or the pupil's parent, guardian, or custodian,	14444
in the manner described in that division, may request, and the	14445
superintendent and board, in the manner described in that	14446
division, may recommend and grant, subsequent probationary	14447
admission periods not to exceed ninety days each. If a pupil who	14448
is permitted to attend school under an extension of a probationary	14449
admission plan complies with the probationary admission plan	14450
prepared pursuant to the extension, the pupil or the pupil's	14451
parent, guardian, or custodian may request a revocation of the	14452
pupil's permanent exclusion in the manner described in division	14453
(F)(2)(d) of this section.	14454

(f) Any extension of a probationary admission requested by a	14455
pupil or a pupil's parent, guardian, or custodian pursuant to	14456
divisions (F)(2)(d) or (e) of this section shall be subject to the	14457
adoption and approval of a probationary admission plan in the	14458
manner described in divisions (F)(2)(a) and (b) of this section	14459
and may be terminated as provided in division (F)(2)(c) of this	14460
section.	14461

(g) If the pupil has complied with any probationary admission	14462
plan and the superintendent issues a recommendation that seeks	14463
revocation of the pupil's permanent exclusion pursuant to division	14464
(F)(1) of this section, the pupil's compliance with any	14465
probationary admission plan may be considered along with other	14466
relevant factors in any determination or adjudication conducted	14467
pursuant to division (F)(1) of this section.	14468

(G)(1) Except as provided in division (G)(2) of this section,	14469
any information regarding the permanent exclusion of a pupil shall	14470
be included in the pupil's official records and shall be included	14471
in any records sent to any school district that requests the	14472
pupil's records.	14473

(2) When a pupil who has been permanently excluded from	14474
public school attendance reaches the age of twenty-two or when the	14475
permanent exclusion of a pupil has been revoked, all school	14476
districts that maintain records regarding the pupil's permanent	14477
exclusion shall remove all references to the exclusion from the	14478
pupil's file and shall destroy them.	14479

A pupil who has reached the age of twenty-two or whose	14480
permanent exclusion has been revoked may send a written notice to	14481
the superintendent of any school district maintaining records of	14482
the pupil's permanent exclusion requesting the superintendent to	14483
ensure that the records are removed from the pupil's file and	14484
destroyed. Upon receipt of the request and a determination that	14485
the pupil is twenty-two years of age or older or that the pupil's	14486
permanent exclusion has been revoked, the superintendent shall	14487
ensure that the records are removed from the pupil's file and	14488
destroyed.	14489

(H)(1) This section does not apply to any of the following:

14490

(a) An institution that is a residential facility, that	14491
receives and cares for children, that is maintained by the	14492
department of youth services, and that operates a school chartered	14493
by the state board of education under section 3301.16 of the	14494
Revised Code;	14495

(b) Any on-premises school operated by an out-of-home care	14496
entity, other than a school district, that is chartered by the	14497
state board of education under section 3301.16 of the Revised	14498
Code;	14499

(c) Any school operated in connection with an out-of-home	14500
care entity or a nonresidential youth treatment program that	14501
enters into a contract or agreement with a school district for the	14502
provision of educational services in a setting other than a	14503
setting that is a building or structure owned or controlled by the	14504
board of education of the school district during normal school	14505
hours.	14506

(2) This section does not prohibit any person who has been	14507
permanently excluded pursuant to this section and section 3301.121	14508
of the Revised Code from seeking a certificate of high school	14509
equivalence. A person who has been permanently excluded may be	14510
permitted to participate in a course of study in preparation for	14511
the tests of general educational development, except that the	14512
person shall not participate during normal school hours in that	14513
course of study in any building or structure owned or controlled	14514
by the board of education of a school district.	14515

(3) This section does not relieve any school district from	14516
any requirement under section 2151.362 or 3313.64 of the Revised	14517
Code to pay for the cost of educating any child who has been	14518
permanently excluded pursuant to this section and section 3301.121	14519
of the Revised Code.	14520

(I) As used in this section:

14521

(1) "Permanently exclude" means to forever prohibit an	14522
individual from attending any public school in this state that is	14523
operated by a city, local, exempted village, or joint vocational	14524
school district.	14525

(2) "Permanent exclusion" means the prohibition of a pupil	14526
forever from attending any public school in this state that is	14527
operated by a city, local, exempted village, or joint vocational	14528
school district.	14529

(3) "Out-of-home care" has the same meaning as in section	14530
~~2151.011~~2151.03 of the Revised Code.	14531

(4) "Certificate of high school equivalence" has the same	14532
meaning as in section 4109.06 of the Revised Code.	14533

(5) "Nonresidential youth treatment program" means a program	14534
designed to provide services to persons under the age of eighteen	14535
in a setting that does not regularly provide long-term overnight	14536
care, including settlement houses, diversion and prevention	14537
programs, run-away centers, and alternative education programs.	14538

(6) "Firearm" has the same meaning as provided pursuant to	14539
the "Gun-Free Schools Act of 1994," 108 Stat. 270, 20 U.S.C.	14540
8001(a)(2).	14541

(7) "Minor drug possession offense" has the same meaning as	14542
in section 2925.01 of the Revised Code.	14543

Sec. 3321.17. The attendance officer and assistants provided	14544
for by section 3321.14 or 3321.15 of the Revised Code shall be	14545
vested with police powers, may serve warrants, and may enter	14546
workshops, factories, stores, and all other places where children	14547
are employed and do whatever is necessary in the way of	14548
investigation or otherwise to enforce the laws relating to	14549
compulsory education and the employment of minors. The attendance	14550
officer or assistant may also take into custody any youth of	14551
compulsory school age not legally employed on an age and schooling	14552
certificate who is not attending school and shall conduct such	14553
youth to the school he has been attending or should rightfully	14554
attend.	14555

The attendance officer and assistants may provide written	14556
notice to an appropriate public children services agency if the	14557
officer or assistant believes that the agency's intervention may	14558
help to assist a child who is lacking legally required education	14559
as defined in section 2151.036 of the Revised Code.	14560

Sec. 3321.19. (A) As used in this section and section	14561
3321.191 of the Revised Code:	14562

(1) "Habitual truant" has the same meaning as in section	14563
~~2151.011~~2151.03 of the Revised Code.	14564

(2) "Chronic truant" has the same meaning as in section	14565
2152.02 of the Revised Code.	14566

(B) When a board of education of any city, exempted village,	14567
local, joint vocational, or cooperative education school district	14568
or the governing board of any educational service center	14569
determines that a student in its district has been truant and the	14570
parent, guardian, or other person having care of the child has	14571
failed to cause the student's attendance at school, the board may	14572
require the parent, guardian, or other person having care of the	14573
child pursuant to division (B) of this section to attend an	14574
educational program established pursuant to rules adopted by the	14575
state board of education for the purpose of encouraging parental	14576
involvement in compelling the attendance of the child at school.	14577

No parent, guardian, or other person having care of a child	14578
shall fail without good cause to attend an educational program	14579
described in this division if the parent, guardian, or other	14580
person has been served notice pursuant to division (C) of this	14581
section.	14582

(C) On the request of the superintendent of schools, the	14583
superintendent of any educational service center, the board of	14584
education of any city, exempted village, local, joint vocational,	14585
or cooperative education school district, or the governing board	14586
of any educational service center or when it otherwise comes to	14587
the notice of the attendance officer or other appropriate officer	14588
of the school district, the attendance officer or other	14589
appropriate officer shall examine into any case of supposed	14590
truancy within the district and shall warn the child, if found	14591
truant, and the child's parent, guardian, or other person having	14592
care of the child, in writing, of the legal consequences of being	14593
an habitual or chronic truant. When any child of compulsory school	14594
age, in violation of law, is not attending school, the attendance	14595
or other appropriate officer shall notify the parent, guardian, or	14596
other person having care of that child of the fact, and require	14597
the parent, guardian, or other person to cause the child to attend	14598
school immediately. The parent, guardian, or other person having	14599
care of the child shall cause the child's attendance at school.	14600
Upon the failure of the parent, guardian, or other person having	14601
care of the child to do so, the attendance officer or other	14602
appropriate officer, if so directed by the superintendent, the	14603
district board, or the educational service center governing board,	14604
shall send notice requiring the attendance of that parent,	14605
guardian, or other person at a parental education program	14606
established pursuant to division (B) of this section and, subject	14607
to divisions (D) and (E) of this section, may file a complaint	14608
against the parent, guardian, or other person having care of the	14609
child in any court of competent jurisdiction.	14610

(D) Upon the failure of the parent, guardian, or other person	14611
having care of the child to cause the child's attendance at	14612
school, if the child is considered an habitual truant, the board	14613
of education of the school district or the governing board of the	14614
educational service center shall do either or both of the	14615
following:	14616

(1) Take any appropriate action as an intervention strategy	14617
contained in the policy developed by the board pursuant to section	14618
3321.191 of the Revised Code;	14619

(2) File a complaint in the juvenile court of the county in	14620
which the child has a residence or legal settlement or in which	14621
the child is supposed to attend school jointly against the child	14622
and the parent, guardian, or other person having care of the	14623
child. A complaint filed in the juvenile court under this division	14624
shall allege that the child is an unruly child for being an	14625
habitual truant or is a delinquent child for being an habitual	14626
truant who previously has been adjudicated an unruly child for	14627
being an habitual truant and that the parent, guardian, or other	14628
person having care of the child has violated section 3321.38 of	14629
the Revised Code.	14630

(E) Upon the failure of the parent, guardian, or other person	14631
having care of the child to cause the child's attendance at	14632
school, if the child is considered a chronic truant, the board of	14633
education of the school district or the governing board of the	14634
educational service center shall file a complaint in the juvenile	14635
court of the county in which the child has a residence or legal	14636
settlement or in which the child is supposed to attend school	14637
jointly against the child and the parent, guardian, or other	14638
person having care of the child. A complaint filed in the juvenile	14639
court under this division shall allege that the child is a	14640
delinquent child for being a chronic truant and that the parent,	14641
guardian, or other person having care of the child has violated	14642
section 3321.38 of the Revised Code.	14643

Sec. 3321.22. (A) Except as provided in division (B) of this	14644
section, if a complaint is filed against the parent, guardian, or	14645
other person in charge of a child for a failure to cause the child	14646
to attend school or a part-time school or class and if the parent,	14647
guardian, or other person proves an inability to do so, then the	14648
parent, guardian, or other person in charge of a child shall be	14649
discharged. Upon the discharge, the attendance officer shall file	14650
a complaint before the judge of the juvenile court of the county	14651
alleging that the child is a delinquent child, unruly child, or	14652
~~dependent~~a child ~~within the meaning of section 2151.022, 2151.04,~~	14653
~~or 2152.02 of the Revised Code~~in need of protective services as a	14654
result of lacking necessary care or supervision as determined in	14655
accordance with section 2151.037 of the Revised Code. The judge	14656
shall hear the complaint and if the judge determines that the	14657
child is a delinquent child, unruly child, or ~~dependent~~a child	14658
~~within one of those sections~~in need of protective services the	14659
judge shall deal with the child according to section 2151.35 or	14660
2151.36 of the Revised Code.	14661

(B) Division (A) of this section does not apply regarding a	14662
complaint filed under division (D) or (E) of section 3321.19 of	14663
the Revised Code or otherwise filed and alleging that a child is	14664
an habitual truant or chronic truant.	14665

14666

(1) "Delinquent child" has the same meaning as in section	14667
2152.02 of the Revised Code.	14668

(2) "Unruly child" has the same meaning as in section	14669
2151.022 of the Revised Code.	14670

Sec. 3701.503. As used in sections 3701.504 to 3701.509 of	14671
the Revised Code:	14672

(A) "Parent" means either parent, unless the parents are	14673
separated or divorced or their marriage has been dissolved or	14674
annulled, in which case "parent" means the parent who is the	14675
residential parent and legal custodian.	14676

(B) "Guardian" has the same meaning as in section 2111.01 of	14677
the Revised Code.	14678

(C) "Custodian" means, except as used in division (A) of this	14679
section, a government agency or an individual, other than the	14680
parent or guardian, with legal or permanent custody of a child as	14681
defined in section ~~2151.011~~2151.03 of the Revised Code.	14682

(D) "Hearing screening" means the identification of newborns	14683
and infants who may have a hearing impairment, through the use of	14684
a physiologic test.	14685

(E) "Hearing evaluation" means evaluation through the use of	14686
audiological procedures by an audiologist or physician.	14687

(F) "Hearing impairment" means a loss of hearing in one or	14688
both ears in the frequency region important for speech recognition	14689
and comprehension.	14690

(G) "Newborn" means a child who is less than thirty days old.

14691

(H) "Infant" means a child who is at least thirty days but	14692
less than twenty-four months old.	14693

(I) "Freestanding birthing center" has the same meaning as in	14694
section 3702.51 of the Revised Code.	14695

(J) "Physician" means an individual authorized under Chapter	14696
4731. of the Revised Code to practice medicine and surgery or	14697
osteopathic medicine and surgery.	14698

(K) "Audiologist" means an individual authorized under	14699
section 4753.07 of the Revised Code to practice audiology.	14700

(L) "Hospital" means a hospital that has a maternity unit or	14701
newborn nursery.	14702

(M) "Maternity unit" means any unit or place in a hospital	14703
where women are regularly received and provided care during all or	14704
part of the maternity cycle, except that "maternity unit" does not	14705
include an emergency department or similar place dedicated to	14706
providing emergency health care.	14707

(N) "Board of health" means the board of health of a city or	14708
general health district or the authority having the duties of a	14709
board of health under section 3709.05 of the Revised Code.	14710

Sec. 3730.01. As used in this chapter:

14711

(A) "Board of health" means the board of health of a city or	14712
general health district or the authority having the duties of a	14713
board of health under section 3709.05 of the Revised Code.	14714

(B) "Body piercing" includes ear piercing except when the ear	14715
piercing procedure is performed with an ear piercing gun.	14716

(C) "Business" means any entity that provides services for	14717
compensation.	14718

(D) "Custodian" has the same meaning as in section ~~2151.011~~	14719
2151.03 of the Revised Code.	14720

(E) "Ear piercing gun" means a mechanical device that pierces	14721
the ear by forcing a disposable single-use stud or solid needle	14722
through the ear.	14723

(F) "Guardian" has the same meaning as in section 2111.01 of	14724
the Revised Code.	14725

Sec. 4501.21. (A) There is hereby created in the state	14726
treasury the license plate contribution fund. The fund shall	14727
consist of all contributions paid by motor vehicle registrants and	14728
collected by the registrar of motor vehicles pursuant to sections	14729
4503.491, 4503.493, 4503.50, 4503.501, 4503.502, 4503.51,	14730
4503.522, 4503.523, 4503.545, 4503.55, 4503.551, 4503.552,	14731
4503.553, 4503.561, 4503.562, 4503.591, 4503.67, 4503.68,	14732
4503.69, 4503.71, 4503.711, 4503.712, 4503.72, 4503.73, 4503.74,	14733
4503.75, 4503.85, and 4503.92 of the Revised Code.	14734

(B) The registrar shall pay the contributions the registrar	14735
collects in the fund as follows:	14736

The registrar shall pay the contributions received pursuant	14737
to section 4503.491 of the Revised Code to the breast cancer fund	14738
of Ohio, which shall use that money only to pay for programs that	14739
provide assistance and education to Ohio breast cancer patients	14740
and that improve access for such patients to quality health care	14741
and clinical trials and shall not use any of the money for	14742
abortion information, counseling, services, or other	14743
abortion-related activities.	14744

The registrar shall pay the contributions received pursuant	14745
to section 4503.493 of the Revised Code to the autism society of	14746
Ohio, which shall use the contributions for programs and autism	14747
awareness efforts throughout the state.	14748

The registrar shall pay the contributions the registrar	14749
receives pursuant to section 4503.50 of the Revised Code to the	14750
future farmers of America foundation, which shall deposit the	14751
contributions into its general account to be used for educational	14752
and scholarship purposes of the future farmers of America	14753
foundation.	14754

The registrar shall pay the contributions the registrar	14755
receives pursuant to section 4503.501 of the Revised Code to the	14756
4-H youth development program of the Ohio state university	14757
extension program, which shall use those contributions to pay the	14758
expenses it incurs in conducting its educational activities.	14759

The registrar shall pay the contributions received pursuant	14760
to section 4503.502 of the Revised Code to the Ohio cattlemen's	14761
foundation, which shall use those contributions for scholarships	14762
and other educational activities.	14763

The registrar shall pay each contribution the registrar	14764
receives pursuant to section 4503.51 of the Revised Code to the	14765
university or college whose name or marking or design appears on	14766
collegiate license plates that are issued to a person under that	14767
section. A university or college that receives contributions from	14768
the fund shall deposit the contributions into its general	14769
scholarship fund.	14770

The registrar shall pay the contributions the registrar	14771
receives pursuant to section 4503.522 of the Revised Code to the	14772
"friends of Perry's victory and international peace memorial,	14773
incorporated," a nonprofit corporation organized under the laws of	14774
this state, to assist that organization in paying the expenses it	14775
incurs in sponsoring or holding charitable, educational, and	14776
cultural events at the monument.	14777

The registrar shall pay the contributions the registrar	14778
receives pursuant to section 4503.523 of the Revised Code to the	14779
fairport lights foundation, which shall use the money to pay for	14780
the restoration, maintenance, and preservation of the lighthouses	14781
of fairport harbor.	14782

The registrar shall pay the contributions the registrar	14783
receives pursuant to section 4503.55 of the Revised Code to the	14784
pro football hall of fame, which shall deposit the contributions	14785
into a special bank account that it establishes and which shall be	14786
separate and distinct from any other account the pro football hall	14787
of fame maintains, to be used exclusively for the purpose of	14788
promoting the pro football hall of fame as a travel destination.	14789

The registrar shall pay the contributions that are paid to	14790
the registrar pursuant to section 4503.545 of the Revised Code to	14791
the national rifle association foundation, which shall use the	14792
money to pay the costs of the educational activities and programs	14793
the foundation holds or sponsors in this state.	14794

The registrar shall pay to the Ohio pet fund the	14795
contributions the registrar receives pursuant to section	14796
4503.551 of the Revised Code and any other money from any	14797
other source, including donations, gifts, and grants, that is	14798
designated by the source to be paid to the Ohio pet fund. The	14799
Ohio pet fund shall use the moneys it receives under this	14800
section to support programs for the sterilization of dogs and	14801
cats and for educational programs concerning the proper	14802
veterinary care of those animals, and for expenses of the Ohio	14803
pet fund that are reasonably necessary for it to obtain and	14804
maintain its tax-exempt status and to perform its duties.	14805

The registrar shall pay the contributions the registrar	14806
receives pursuant to section 4503.552 of the Revised Code to the	14807
rock and roll hall of fame and museum, incorporated.	14808

The registrar shall pay the contributions the registrar	14809
receives pursuant to section 4503.553 of the Revised Code to the	14810
Ohio coalition for animals, incorporated, a nonprofit corporation.	14811
Except as provided in division (B) of this section, the coalition	14812
shall distribute the money to its members, and the members shall	14813
use the money only to pay for educational, charitable, and other	14814
programs of each coalition member that provide care for unwanted,	14815
abused, and neglected horses. The Ohio coalition for animals may	14816
use a portion of the money to pay for reasonable marketing costs	14817
incurred in the design and promotion of the license plate and	14818
for administrative costs incurred in the disbursement and	14819
management of funds received under this section.	14820

The registrar shall pay the contributions the registrar	14821
receives pursuant to section 4503.561 of the Revised Code to the	14822
state of Ohio chapter of ducks unlimited, inc., which shall	14823
deposit the contributions into a special bank account that it	14824
establishes. The special bank account shall be separate and	14825
distinct from any other account the state of Ohio chapter of ducks	14826
unlimited, inc., maintains and shall be used exclusively for the	14827
purpose of protecting, enhancing, restoring, and managing wetlands	14828
and conserving wildlife habitat. The state of Ohio chapter of	14829
ducks unlimited, inc., annually shall notify the registrar in	14830
writing of the name, address, and account to which such payments	14831
are to be made.	14832

The registrar shall pay the contributions the registrar	14833
receives pursuant to section 4503.562 of the Revised Code to the	14834
Mahoning river consortium, which shall use the money to pay the	14835
expenses it incurs in restoring and maintaining the Mahoning	14836
river watershed.	14837

The registrar shall pay to a sports commission created	14838
pursuant to section 4503.591 of the Revised Code each	14839
contribution the registrar receives under that section that an	14840
applicant pays to obtain license plates that bear the logo of a	14841
professional sports team located in the county of that sports	14842
commission and that is participating in the license plate program	14843
pursuant to division (E) of that section, irrespective of the	14844
county of residence of an applicant.	14845

The registrar shall pay to a community charity each	14846
contribution the registrar receives under section 4503.591 of the	14847
Revised Code that an applicant pays to obtain license plates that	14848
bear the logo of a professional sports team that is participating	14849
in the license plate program pursuant to division (G) of that	14850
section.	14851

The registrar shall pay the contributions the registrar	14852
receives pursuant to section 4503.67 of the Revised Code to the	14853
Dan Beard council of the boy scouts of America. The council shall	14854
distribute all contributions in an equitable manner throughout	14855
the state to regional councils of the boy scouts.	14856

The registrar shall pay the contributions the registrar	14857
receives pursuant to section 4503.68 of the Revised Code to the	14858
great river council of the girl scouts of the United States of	14859
America. The council shall distribute all contributions in an	14860
equitable manner throughout the state to regional councils of the	14861
girl scouts.	14862

The registrar shall pay the contributions the registrar	14863
receives pursuant to section 4503.69 of the Revised Code to the	14864
Dan Beard council of the boy scouts of America. The council shall	14865
distribute all contributions in an equitable manner throughout	14866
the state to regional councils of the boy scouts.	14867

The registrar shall pay the contributions the registrar	14868
receives pursuant to section 4503.71 of the Revised Code to the	14869
fraternal order of police of Ohio, incorporated, which shall	14870
deposit the fees into its general account to be used for purposes	14871
of the fraternal order of police of Ohio, incorporated.	14872

The registrar shall pay the contributions the registrar	14873
receives pursuant to section 4503.711 of the Revised Code to the	14874
fraternal order of police of Ohio, incorporated, which shall	14875
deposit the contributions into an account that it creates to be	14876
used for the purpose of advancing and protecting the law	14877
enforcement profession, promoting improved law enforcement	14878
methods, and teaching respect for law and order.	14879

The registrar shall pay the contributions received pursuant	14880
to section 4503.712 of the Revised Code to Ohio concerns of	14881
police survivors, which shall use those contributions to provide	14882
whatever assistance may be appropriate to the families of Ohio	14883
law enforcement officers who are killed in the line of duty.	14884

The registrar shall pay the contributions the registrar	14885
receives pursuant to section 4503.72 of the Revised Code to the	14886
organization known on March 31, 2003, as the Ohio CASA/GAL	14887
association, a private, nonprofit corporation organized under	14888
Chapter 1702. of the Revised Code. The Ohio CASA/GAL association	14889
shall use these contributions to pay the expenses it incurs in	14890
administering a program to secure the proper representation in the	14891
courts of this state of ~~abused, neglected, and dependent~~ children	14892
in need of protective services, and for the training and	14893
supervision of persons participating in that program.	14894

The registrar shall pay the contributions the registrar	14895
receives pursuant to section 4503.73 of the Revised Code to	14896
Wright B. Flyer, incorporated, which shall deposit the	14897
contributions into its general account to be used for purposes of	14898
Wright B. Flyer, incorporated.	14899

The registrar shall pay the contributions the registrar	14900
receives pursuant to section 4503.74 of the Revised Code to the	14901
Columbus zoological park association, which shall disburse the	14902
moneys to Ohio's major metropolitan zoos, as defined in section	14903
4503.74 of the Revised Code, in accordance with a written	14904
agreement entered into by the major metropolitan zoos.	14905

The registrar shall pay the contributions the registrar	14906
receives pursuant to section 4503.75 of the Revised Code to the	14907
rotary foundation, located on March 31, 2003, in Evanston,	14908
Illinois, to be placed in a fund known as the permanent fund and	14909
used to endow educational and humanitarian programs of the rotary	14910
foundation.	14911

The registrar shall pay the contributions the registrar	14912
receives pursuant to section 4503.85 of the Revised Code to the	14913
Ohio sea grant college program to be used for Lake Erie area	14914
research projects.	14915

The registrar shall pay the contributions received pursuant	14916
to section 4503.92 of the Revised Code to support our troops,	14917
incorporated, a national nonprofit corporation, which shall use	14918
those contributions in accordance with its articles of	14919
incorporation and for the benefit of servicemembers of the armed	14920
forces of the United States and their families when they are in	14921
financial need.	14922

(C) All investment earnings of the license plate contribution	14923
fund shall be credited to the fund. Not later than the first day	14924
of May of every year, the registrar shall distribute to each	14925
entity described in division (B) of this section the investment	14926
income the fund earned the previous calendar year. The amount of	14927
such a distribution paid to an entity shall be proportionate to	14928
the amount of money the entity received from the fund during the	14929
previous calendar year.	14930

Sec. 5101.13. (A) The department of job and family services	14931
shall establish and maintain a uniform statewide automated child	14932
welfare information system in accordance with the requirements of	14933
42 U.S.C.A. 674(a)(3)(C) and related federal regulations and	14934
guidelines. The information system shall contain records regarding	14935
any of the following:	14936

(1) Investigations of children and families, and children's	14937
care in out-of-home care, in accordance with sections 2151.421 and	14938
5153.16 of the Revised Code;	14939

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

14940

(3) Any other information related to children and families	14941
that state or federal law, regulation, or rule requires the	14942
department or a public children services agency to maintain.	14943

(B) The department shall plan implementation of the	14944
information system on a county-by-county basis and shall finalize	14945
statewide implementation by all public children services agencies	14946
as described in section 5153.02 of the Revised Code not later than	14947
January 1, 2008.	14948

(C) The department shall promptly notify all public children	14949
services agencies of the initiation and completion of statewide	14950
implementation of the statewide information system established	14951
under division (A) of this section.	14952

(D) "Out-of-home care" has the same meaning as in section	14953
~~2151.011~~2151.03 of the Revised Code.	14954

Sec. 5101.28. (A)(1) On request of the department of job and	14955
family services or a county agency, a law enforcement agency shall	14956
provide information regarding public assistance recipients to	14957
enable the department or county agency to determine, for	14958
eligibility purposes, whether a recipient or a member of a	14959
recipient's assistance group is a fugitive felon or violating a	14960
condition of probation, a community control sanction, parole, or a	14961
post-release control sanction imposed under state or federal law.	14962

(2) A county agency may enter into a written agreement with a	14963
local law enforcement agency establishing procedures concerning	14964
access to information and providing for compliance with division	14965
(F) of this section.	14966

(B) To the extent permitted by federal law, the department	14967
and county agencies shall provide information, except information	14968
directly related to the receipt of medical assistance or medical	14969
services, regarding recipients of public assistance under a	14970
program administered by the state department or a county agency	14971
pursuant to Chapter 5107., 5108., or 5115. of the Revised Code to	14972
law enforcement agencies on request for the purposes of	14973
investigations, prosecutions, and criminal and civil proceedings	14974
that are within the scope of the law enforcement agencies'	14975
official duties.	14976

(C) Information about a recipient shall be exchanged,	14977
obtained, or shared only if the department, county agency, or law	14978
enforcement agency requesting the information gives sufficient	14979
information to specifically identify the recipient. In addition to	14980
the recipient's name, identifying information may include the	14981
recipient's current or last known address, social security number,	14982
other identifying number, age, gender, physical characteristics,	14983
any information specified in an agreement entered into under	14984
division (A) of this section, or any information considered	14985
appropriate by the department or agency.	14986

(D)(1) The department and its officers and employees are not	14987
liable in damages in a civil action for any injury, death, or loss	14988
to person or property that allegedly arises from the release of	14989
information in accordance with divisions (A), (B), and (C) of this	14990
section. This section does not affect any immunity or defense that	14991
the department and its officers and employees may be entitled to	14992
under another section of the Revised Code or the common law of	14993
this state, including section 9.86 of the Revised Code.	14994

(2) The county agencies and their employees are not liable in	14995
damages in a civil action for any injury, death, or loss to person	14996
or property that allegedly arises from the release of information	14997
in accordance with divisions (A), (B), and (C) of this section.	14998
"Employee" has the same meaning as in division (B) of section	14999
2744.01 of the Revised Code. This section does not affect any	15000
immunity or defense that the county agencies and their employees	15001
may be entitled to under another section of the Revised Code or	15002
the common law of this state, including section 2744.02 and	15003
division (A)(6) of section 2744.03 of the Revised Code.	15004

(E) To the extent permitted by federal law, the department	15005
and county agencies shall provide access to information to the	15006
auditor of state acting pursuant to Chapter 117. or sections	15007
5101.181 and 5101.182 of the Revised Code and to any other	15008
government entity authorized by federal law to conduct an audit of	15009
or similar activity involving a public assistance program.	15010

(F) The auditor of state shall prepare an annual report on	15011
the outcome of the agreements required under division (A) of this	15012
section. The report shall include the number of fugitive felons,	15013
probation and parole violators, and violators of community control	15014
sanctions and post-release control sanctions apprehended during	15015
the immediately preceding year as a result of the exchange of	15016
information pursuant to that division. The auditor of state shall	15017
file the report with the governor, the president and minority	15018
leader of the senate, and the speaker and minority leader of the	15019
house of representatives. The state department, county agencies,	15020
and law enforcement agencies shall cooperate with the auditor of	15021
state's office in gathering the information required under this	15022
division.	15023

(G) To the extent permitted by federal law, the department of	15024
job and family services, county departments of job and family	15025
services, and employees of the departments may report to a public	15026
children services agency or other appropriate agency information	15027
on known or suspected ~~physical or mental injury, sexual abuse~~acts	15028
or ~~exploitation, or negligent treatment or maltreatment, of~~	15029
omissions against a child receiving public assistance that	15030
indicate that the child is in need of protective services, if	15031
circumstances indicate that the child's health or welfare is	15032
threatened.	15033

(H) As used in this section:

15034

(1) "Community control sanction" has the same meaning as in	15035
section 2929.01 of the Revised Code.	15036

(2) "Post-release control sanction" has the same meaning as	15037
in section 2967.01 of the Revised Code.	15038

Sec. 5101.46. (A) As used in this section:

15039

(1) "Title XX" means Title XX of the "Social Security Act,"	15040
88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended.	15041

(2) "Respective local agency" means, with respect to the	15042
department of job and family services, a county department of job	15043
and family services; with respect to the department of mental	15044
health, a board of alcohol, drug addiction, and mental health	15045
services; and with respect to the department of developmental	15046
disabilities, a county board of developmental disabilities.	15047

(3) "Federal poverty guidelines" means the poverty guidelines	15048
as revised annually by the United States department of health and	15049
human services in accordance with section 673(2) of the "Omnibus	15050
Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A.	15051
9902, as amended, for a family size equal to the size of the	15052
family of the person whose income is being determined.	15053

(B) The departments of job and family services, mental	15054
health, and developmental disabilities, with their respective	15055
local agencies, shall administer the provision of social services	15056
funded through grants made under Title XX. The social services	15057
furnished with Title XX funds shall be directed at the following	15058
goals:	15059

(1) Achieving or maintaining economic self-support to	15060
prevent, reduce, or eliminate dependency;	15061

(2) Achieving or maintaining self-sufficiency, including	15062
reduction or prevention of dependency;	15063

(3) Preventing or remedying neglect, abuse, or exploitation	15064
of ~~children and~~ adults unable to protect their own interests,	15065
preventing or remedying an act or omission that indicates that a	15066
child is a child in need of protective services, or preserving,	15067
rehabilitating, or reuniting families;	15068

(4) Preventing or reducing inappropriate institutional care	15069
by providing for community-based care, home-based care, or other	15070
forms of less intensive care;	15071

(5) Securing referral or admission for institutional care	15072
when other forms of care are not appropriate, or providing	15073
services to individuals in institutions.	15074

(C)(1) All federal funds received under Title XX shall be	15075
appropriated as follows:	15076

(a) Seventy-two and one-half per cent to the department of	15077
job and family services;	15078

(b) Twelve and ninety-three one-hundreths per cent to the	15079
department of mental health;	15080

(c) Fourteen and fifty-seven one-hundreths per cent to the	15081
department of developmental disabilities.	15082

(2) Each state department shall, subject to the approval of	15083
the controlling board, develop formulas for the distribution of	15084
their Title XX appropriations to their respective local agencies.	15085
The formulas shall take into account the total population of the	15086
area that is served by the agency, the percentage of the	15087
population in the area that falls below the federal poverty	15088
guidelines, and the agency's history of and ability to utilize	15089
Title XX funds.	15090

(3) Each of the state departments shall expend no more than	15091
three per cent of its Title XX appropriation for state	15092
administrative costs. Each of the department's respective local	15093
agencies shall expend no more than fourteen per cent of its Title	15094
XX appropriation for local administrative costs.	15095

(4) The department of job and family services shall expend no	15096
more than two per cent of its Title XX appropriation for the	15097
training of the following:	15098

(a) Employees of county departments of job and family	15099
services;	15100

(b) Providers of services under contract with the state	15101
departments' respective local agencies;	15102

(c) Employees of a public children services agency directly	15103
engaged in providing Title XX services.	15104

(D) The department of job and family services shall prepare a	15105
biennial comprehensive Title XX social services plan on the	15106
intended use of Title XX funds. The department shall develop a	15107
method for obtaining public comment during the development of the	15108
plan and following its completion.	15109

For each state fiscal year, the department of job and family	15110
services shall prepare a report on the actual use of Title XX	15111
funds. The department shall make the annual report available for	15112
public inspection.	15113

The departments of mental health and developmental	15114
disabilities shall prepare and submit to the department of job and	15115
family services the portions of each biennial plan and annual	15116
report that apply to services for mental health and mental	15117
retardation and developmental disabilities. Each respective local	15118
agency of the three state departments shall submit information as	15119
necessary for the preparation of biennial plans and annual	15120
reports.	15121

(E) Each county department shall adopt a county profile for	15122
the administration and provision of Title XX social services in	15123
the county. In developing its county profile, the county	15124
department shall take into consideration the comments and	15125
recommendations received from the public by the county family	15126
services planning committee pursuant to section 329.06 of the	15127
Revised Code. As part of its preparation of the county profile,	15128
the county department may prepare a local needs report analyzing	15129
the need for Title XX social services.	15130

The county department shall submit the county profile to the	15131
board of county commissioners for its review. Once the county	15132
profile has been approved by the board, the county department	15133
shall file a copy of the county profile with the department of	15134
job and family services. The department shall approve the county	15135
profile if the department determines the profile provides for the	15136
Title XX social services to meet the goals specified in division	15137
(B) of this section.	15138

(F) Any of the three state departments and their respective	15139
local agencies may require that an entity under contract to	15140
provide social services with Title XX funds submit to an audit on	15141
the basis of alleged misuse or improper accounting of funds. If an	15142
audit is required, the social services provider shall reimburse	15143
the state department or local agency for the cost it incurred in	15144
conducting the audit or having the audit conducted.	15145

If an audit demonstrates that a social services provider is	15146
responsible for one or more adverse findings, the provider shall	15147
reimburse the appropriate state department or its respective local	15148
agency the amount of the adverse findings. The amount shall not be	15149
reimbursed with Title XX funds received under this section. The	15150
three state departments and their respective local agencies may	15151
terminate or refuse to enter into a Title XX contract with a	15152
social services provider if there are adverse findings in an audit	15153
that are the responsibility of the provider.	15154

(G) The department of job and family services may adopt rules	15155
to implement and carry out the purposes of this section. Rules	15156
governing financial and operational matters of the department or	15157
matters between the department and county departments of job and	15158
family services shall be adopted as internal management rules in	15159
accordance with section 111.15 of the Revised Code. Rules	15160
governing eligibility for services, program participation, and	15161
other matters pertaining to applicants and participants shall be	15162
adopted in accordance with Chapter 119. of the Revised Code.	15163

Sec. 5103.04. No association whose object embraces the care	15164
of ~~dependent, neglected, abused,~~children in need of protective	15165
services or delinquent children, or the placing of such children	15166
in private homes, shall be incorporated unless the proposed	15167
articles of incorporation have been submitted first to the	15168
department of job and family services. The secretary of state	15169
shall not issue a certificate of incorporation to such association	15170
~~untill~~until there is filed in the secretary of state's office the	15171
certificate of the department that it has examined the articles of	15172
incorporation, that in its judgment the incorporators are	15173
reputable and respectable persons, the proposed work is needed,	15174
and the incorporation of such association is desirable and for the	15175
public good.	15176

Amendments proposed to the articles of incorporation of any	15177
such association shall be submitted in like manner to the	15178
department, and the secretary of state shall not record such	15179
amendment or issue a certificate therefor until there is filed in	15180
the secretary of state's office the certificate of the department	15181
that it has examined such amendment, that the association in	15182
question is performing in good faith the work undertaken by it,	15183
and that such amendment is a proper one, and for the public good.	15184

Sec. 5103.07. The department of job and family services	15185
shall administer funds received under Title IV-B of the "Social	15186
Security Act," 81 Stat. 821 (1967), 42 U.S.C.A. 620, as amended,	15187
and the "Child Abuse Prevention and Treatment Act," 88 Stat. 4	15188
(1974), 42 U.S.C.A. 5101, as amended. In administering these	15189
funds, the department may establish a child welfare services	15190
program and a ~~child abuse and neglect prevention and adoption~~	15191
~~reform~~ program for the prevention of children becoming children in	15192
need of protective services and adoption reform. The department	15193
has all powers necessary for the adequate administration of these	15194
funds and programs. The director of job and family services may	15195
adopt rules as necessary to carry out the purposes of this	15196
section.	15197

Sec. 5103.12. (A) As used in this section:

15198

(1) "Hearing" has the same meaning as in section 119.01 of	15199
the Revised Code.	15200

(2) "Permanent custody" has the same meaning as in section	15201
~~2151.011~~2151.03 of the Revised Code.	15202

(B) The department of job and family services may enter into	15203
agreements with public children services agencies and private	15204
child placing agencies under which the department will make	15205
payments to encourage the adoptive placement of children in the	15206
permanent custody of a public children services agency. If the	15207
department terminates, or refuses to enter into or renew, an	15208
agreement with a public children services agency or private child	15209
placing agency under this section, the agency is entitled to a	15210
hearing.	15211

Notwithstanding section 127.16 of the Revised Code, the	15212
department is not required to follow competitive selection	15213
procedures or to receive the approval of the controlling board to	15214
enter into agreements under this section or to make payments	15215
pursuant to the agreements.	15216

(C) The director of job and family services shall adopt rules	15217
in accordance with Chapter 119. of the Revised Code to implement	15218
this section, including rules that establish all of the following:	15219

(1) A single, uniform agreement that, at a minimum,	15220
prescribes a payment schedule and the terms and conditions with	15221
which a public children services agency or private child placing	15222
agency must comply to receive a payment;	15223

(2) Eligibility requirements a public children services	15224
agency or private child placing agency must meet to enter into an	15225
agreement with the department;	15226

(3) Eligibility requirements that a child who is the subject	15227
of an agreement must meet;	15228

(4) Other administrative and operational requirements.

15229

Sec. 5103.13. (A) As used in this section and section	15230
5103.131 of the Revised Code:	15231

(1)(a) "Children's crisis care facility" means a facility	15232
that has as its primary purpose the provision of residential and	15233
other care to either or both of the following:	15234

(i) One or more preteens voluntarily placed in the facility	15235
by the preteen's parent or other caretaker who is facing a crisis	15236
that causes the parent or other caretaker to seek temporary care	15237
for the preteen and referral for support services;	15238

(ii) One or more preteens placed in the facility by a public	15239
children services agency or private child placing agency that has	15240
legal custody or permanent custody of the preteen and determines	15241
that an emergency situation exists necessitating the preteen's	15242
placement in the facility rather than an institution certified	15243
under section 5103.03 of the Revised Code or elsewhere.	15244

(b) "Children's crisis care facility" does not include either	15245
of the following:	15246

(i) Any organization, society, association, school, agency,	15247
child guidance center, detention or rehabilitation facility, or	15248
children's clinic licensed, regulated, approved, operated under	15249
the direction of, or otherwise certified by the department of	15250
education, a local board of education, the department of youth	15251
services, the department of mental health, or the department of	15252
developmental disabilities;	15253

(ii) Any individual who provides care for only a	15254
single-family group, placed there by their parents or other	15255
relative having custody.	15256

(2) "Legal custody" and "permanent custody" have the same	15257
meanings as in section ~~2151.011~~2151.03 of the Revised Code.	15258

(3) "Preteen" means an individual under thirteen years of	15259
age.	15260

(B) No person shall operate a children's crisis care facility	15261
or hold a children's crisis care facility out as a certified	15262
children's crisis care facility unless there is a valid children's	15263
crisis care facility certificate issued under this section for the	15264
facility.	15265

(C) A person seeking to operate a children's crisis care	15266
facility shall apply to the director of job and family services to	15267
obtain a certificate for the facility. The director shall certify	15268
the person's children's crisis care facility if the facility meets	15269
all of the certification standards established in rules adopted	15270
under division (F) of this section and the person complies with	15271
all of the rules governing the certification of children's crisis	15272
care facilities adopted under that division. The issuance of a	15273
children's crisis care facility certificate does not exempt the	15274
facility from a requirement to obtain another certificate or	15275
license mandated by law.	15276

(D)(1) No certified children's crisis care facility shall do	15277
any of the following:	15278

(a) Provide residential care to a preteen for more than one	15279
hundred twenty days in a calendar year;	15280

(b) Subject to division (D)(1)(c) of this section and except	15281
as provided in division (D)(2) of this section, provide	15282
residential care to a preteen for more than sixty consecutive	15283
days;	15284

(c) Except as provided in division (D)(3) of this section,	15285
provide residential care to a preteen for more than seventy-two	15286
consecutive hours if a public children services agency or private	15287
child placing agency placed the preteen in the facility;	15288

(d) Fail to comply with section 2151.86 of the Revised Code.

15289

(2) A certified children's crisis care facility may provide	15290
residential care to a preteen for up to ninety consecutive days,	15291
other than a preteen placed in the facility by a public children	15292
services agency or private child placing agency, if any of the	15293
following are the case:	15294

(a) The preteen's parent or other caretaker is enrolled in an	15295
alcohol and drug addiction program certified under section 3793.06	15296
of the Revised Code or a community mental health service certified	15297
under section 5119.611 of the Revised Code;	15298

(b) The preteen's parent or other caretaker is an inpatient	15299
in a hospital;	15300

15301

(d) A physician has diagnosed the preteen's parent or other	15302
caretaker as medically incapacitated.	15303

(3) A certified children's crisis care facility may provide	15304
residential care to a preteen placed in the facility by a public	15305
children services agency or private child placing agency for more	15306
than seventy-two consecutive hours if the director of job and	15307
family services or the director's designee issues the agency a	15308
waiver of the seventy-two consecutive hour limitation. The waiver	15309
may authorize the certified children's crisis care facility to	15310
provide residential care to the preteen for up to fourteen	15311
consecutive days.	15312

(E) The director of job and family services may suspend or	15313
revoke a children's crisis care facility's certificate pursuant to	15314
Chapter 119. of the Revised Code if the facility violates division	15315
(D) of this section or ceases to meet any of the certification	15316
standards established in rules adopted under division (F) of this	15317
section or the facility's operator ceases to comply with any of	15318
the rules governing the certification of children's crisis care	15319
facilities adopted under that division.	15320

(F) Not later than ninety days after September 21, 2006, the	15321
director of job and family services shall adopt rules pursuant to	15322
Chapter 119. of the Revised Code for the certification of	15323
children's crisis care facilities. The rules shall specify that a	15324
certificate shall not be issued to an applicant if the	15325
conditions at the children's crisis care facility would	15326
jeopardize the health or safety of the preteens placed in the	15327
facility.	15328

Sec. 5103.161. As used in this section, "permanent custody"	15329
has the same meaning as in section ~~2151.011~~2151.03 of the Revised	15330
Code.	15331

If a private child placing agency or public children services	15332
agency has placed a child in a foster home or with a relative of	15333
the child, other than a parent of the child, the agency shall	15334
notify the child's foster caregiver or relative if the agency	15335
seeks permanent custody of the child, or, if the agency already	15336
has permanent custody of the child, seeks to place the child for	15337
adoption. The notice also shall inform the foster caregiver or	15338
relative that the foster caregiver or relative can be considered	15339
for adoption. If the foster caregiver or relative informs the	15340
agency that the foster caregiver or relative wants to adopt the	15341
child, the agency shall inform the foster caregiver or relative of	15342
the process for obtaining an application to adopt the child and	15343
that the child may be placed for adoption in another home even if	15344
the foster caregiver or relative submits the application. If the	15345
agency is given permanent custody of the child and the foster	15346
caregiver or relative has informed the agency of the foster	15347
caregiver's or relative's desire to adopt the child, the agency	15348
shall consider giving preference to an adult relative over a	15349
nonrelative caregiver when determining an adoptive placement for	15350
the child, provided the adult relative satisfies all relevant	15351
child protection standards and the agency determines that the	15352
placement is in the child's best interest.	15353

Sec. 5103.18. (A)(1) Prior to certification or	15354
recertification as a foster home under section 5103.03 of the	15355
Revised Code, a recommending agency shall obtain a summary report	15356
of a search of the uniform statewide automated child welfare	15357
information system, established under section 5101.13 of the	15358
Revised Code, from an entity listed in section 5101.132 of the	15359
Revised Code.	15360

(2) Whenever a prospective foster parent or any other person	15361
eighteen years of age or older who resides with a prospective	15362
foster parent has resided in another state within the five-year	15363
period immediately prior to the date on which a criminal records	15364
check is requested for the person under division (A) of section	15365
2151.86 of the Revised Code, the recommending agency shall request	15366
a check of the central registry of abuse and neglect of this state	15367
from the department of job and family services regarding the	15368
prospective foster parent or the person eighteen years of age or	15369
older who resides with the prospective foster parent to enable the	15370
agency to check any child abuse and neglect registry maintained by	15371
that other state. The recommending agency shall make the request	15372
and shall review the results of the check before the prospective	15373
foster parent may be finally approved for placement of a child.	15374
Information received pursuant to such a request shall be	15375
considered for purposes of this chapter as if it were a summary	15376
report required under division (A) of this section. The department	15377
of job and family services shall comply with any request to check	15378
the central registry that is similar to the request described in	15379
this division and that is received from any other state.	15380

(B)(1) The summary report required under division (A) of this	15381
section shall contain, if applicable, a chronological list of	15382
~~abuse and neglect~~ determinations that a child is, or allegations	15383
that are based on reports made under section 2151.421 of the	15384
Revised Code indicating that a child is in need of protective	15385
services, of which a person seeking to become a foster caregiver	15386
of a child is subject and in regards to which a public children	15387
services agency has done one of the following:	15388

(a) Determined that abuse or neglect occurred or an act or	15389
omission that indicates that a child is a child in need of	15390
protective services occurred;	15391

(b) Initiated an investigation, and the investigation is	15392
ongoing;	15393

(c) Initiated an investigation, and the agency was unable to	15394
determine whether abuse or neglect occurred or an act or omission	15395
that indicates that a child is a child in need of protective	15396
services occurred.	15397

(2) The summary report required under division (A) of this	15398
section shall not contain any of the following:	15399

(a) An abuse ~~and~~, neglect, or child in need of protective	15400
services determination of which a person seeking to become a	15401
foster caregiver of a child is subject and in regards to which a	15402
public children services agency determined that abuse or,	15403
neglect, or an act or omission did not occur;	15404

(b) Information or reports the dissemination of which is	15405
prohibited by, or interferes with eligibility under, the "Child	15406
Abuse Prevention and Treatment Act," 88 Stat. 4 (1974), 42 U.S.C.	15407
5101 et seq., as amended;	15408

(c) The name of the person who or entity that made, or	15409
participated in the making of, the report of abuse or, neglect, or	15410
a child being a child in need of protective services.	15411

(C)(1) A foster home certification or recertification may be	15412
denied based on a summary report containing the information	15413
described under division (B)(1)(a) of this section, when	15414
considered within the totality of the circumstances.	15415

(2) A foster home certification or recertification shall not	15416
be denied solely based on a summary report containing the	15417
information described under division (B)(1)(b) or (c) of this	15418
section.	15419

(D) Not later than January 1, 2008, the director of job and	15420
family services shall adopt rules in accordance with Chapter 119.	15421
of the Revised Code necessary for the implementation and execution	15422
of this section.	15423

Sec. 5104.011. (A) The director of job and family services	15424
shall adopt rules pursuant to Chapter 119. of the Revised Code	15425
governing the operation of child day-care centers, including, but	15426
not limited to, parent cooperative centers, part-time centers,	15427
drop-in centers, and school child centers, which rules shall	15428
reflect the various forms of child care and the needs of children	15429
receiving child care or publicly funded child care and shall	15430
include specific rules for school child care centers that are	15431
developed in consultation with the department of education. The	15432
rules shall not require an existing school facility that is in	15433
compliance with applicable building codes to undergo an additional	15434
building code inspection or to have structural modifications. The	15435
rules shall include the following:	15436

(1) Submission of a site plan and descriptive plan of	15437
operation to demonstrate how the center proposes to meet the	15438
requirements of this chapter and rules adopted pursuant to this	15439
chapter for the initial license application;	15440

(2) Standards for ensuring that the physical surroundings of	15441
the center are safe and sanitary including, but not limited to,	15442
the physical environment, the physical plant, and the equipment of	15443
the center;	15444

(3) Standards for the supervision, care, and discipline of	15445
children receiving child care or publicly funded child care in the	15446
center;	15447

(4) Standards for a program of activities, and for play	15448
equipment, materials, and supplies, to enhance the development of	15449
each child; however, any educational curricula, philosophies, and	15450
methodologies that are developmentally appropriate and that	15451
enhance the social, emotional, intellectual, and physical	15452
development of each child shall be permissible. As used in this	15453
division, "program" does not include instruction in religious or	15454
moral doctrines, beliefs, or values that is conducted at child	15455
day-care centers owned and operated by churches and does include	15456
methods of disciplining children at child day-care centers.	15457

(5) Admissions policies and procedures, health care policies	15458
and procedures, including, but not limited to, procedures for the	15459
isolation of children with communicable diseases, first aid and	15460
emergency procedures, procedures for discipline and supervision of	15461
children, standards for the provision of nutritious meals and	15462
snacks, and procedures for screening children and employees,	15463
including, but not limited to, any necessary physical examinations	15464
and immunizations;	15465

(6) Methods for encouraging parental participation in the	15466
center and methods for ensuring that the rights of children,	15467
parents, and employees are protected and that responsibilities of	15468
parents and employees are met;	15469

(7) Procedures for ensuring the safety and adequate	15470
supervision of children traveling off the premises of the center	15471
while under the care of a center employee;	15472

(8) Procedures for record keeping, organization, and	15473
administration;	15474

(9) Procedures for issuing, renewing, denying, and revoking a	15475
license that are not otherwise provided for in Chapter 119. of the	15476
Revised Code;	15477

(10) Inspection procedures;

15478

(11) Procedures and standards for setting initial and renewal	15479
license application fees;	15480

(12) Procedures for receiving, recording, and responding to	15481
complaints about centers;	15482

(13) Procedures for enforcing section 5104.04 of the Revised	15483
Code;	15484

(14) A standard requiring the inclusion, on and after July 1,	15485
1987, of a current department of job and family services toll-free	15486
telephone number on each center provisional license or license	15487
which any person may use to report a suspected violation by the	15488
center of this chapter or rules adopted pursuant to this chapter;	15489

(15) Requirements for the training of administrators and	15490
child-care staff members in first aid, in prevention, recognition,	15491
and management of communicable diseases, and in ~~child abuse~~	15492
~~recognition and prevention~~recognizing children who are children	15493
in need of protective services and preventing children from	15494
becoming children in need of protective services. Training	15495
requirements for child day-care centers adopted under this	15496
division shall be consistent with divisions (B)(6) and (C)(1) of	15497
this section.	15498

(16) Procedures to be used by licensees for checking the	15499
references of potential employees of centers and procedures to be	15500
used by the director for checking the references of applicants for	15501
licenses to operate centers;	15502

(17) Standards providing for the special needs of children	15503
who are handicapped or who require treatment for health conditions	15504
while the child is receiving child care or publicly funded child	15505
care in the center;	15506

(18) A procedure for reporting of injuries of children that	15507
occur at the center;	15508

(19) Any other procedures and standards necessary to carry	15509
out this chapter.	15510

(B)(1) The child day-care center shall have, for each child	15511
for whom the center is licensed, at least thirty-five square feet	15512
of usable indoor floor space wall-to-wall regularly available for	15513
the child care operation exclusive of any parts of the structure	15514
in which the care of children is prohibited by law or by rules	15515
adopted by the board of building standards. The minimum of	15516
thirty-five square feet of usable indoor floor space shall not	15517
include hallways, kitchens, storage areas, or any other areas that	15518
are not available for the care of children, as determined by the	15519
director, in meeting the space requirement of this division, and	15520
bathrooms shall be counted in determining square footage only if	15521
they are used exclusively by children enrolled in the center,	15522
except that the exclusion of hallways, kitchens, storage areas,	15523
bathrooms not used exclusively by children enrolled in the center,	15524
and any other areas not available for the care of children from	15525
the minimum of thirty-five square feet of usable indoor floor	15526
space shall not apply to:	15527

(a) Centers licensed prior to or on September 1, 1986, that	15528
continue under licensure after that date;	15529

(b) Centers licensed prior to or on September 1, 1986, that	15530
are issued a new license after that date solely due to a change of	15531
ownership of the center.	15532

(2) The child day-care center shall have on the site a safe	15533
outdoor play space which is enclosed by a fence or otherwise	15534
protected from traffic or other hazards. The play space shall	15535
contain not less than sixty square feet per child using such space	15536
at any one time, and shall provide an opportunity for supervised	15537
outdoor play each day in suitable weather. The director may exempt	15538
a center from the requirement of this division, if an outdoor play	15539
space is not available and if all of the following are met:	15540

(a) The center provides an indoor recreation area that has	15541
not less than sixty square feet per child using the space at any	15542
one time, that has a minimum of one thousand four hundred forty	15543
square feet of space, and that is separate from the indoor space	15544
required under division (B)(1) of this section.	15545

(b) The director has determined that there is regularly	15546
available and scheduled for use a conveniently accessible and safe	15547
park, playground, or similar outdoor play area for play or	15548
recreation.	15549

(c) The children are closely supervised during play and while	15550
traveling to and from the area.	15551

The director also shall exempt from the requirement of this	15552
division a child day-care center that was licensed prior to	15553
September 1, 1986, if the center received approval from the	15554
director prior to September 1, 1986, to use a park, playground, or	15555
similar area, not connected with the center, for play or	15556
recreation in lieu of the outdoor space requirements of this	15557
section and if the children are closely supervised both during	15558
play and while traveling to and from the area and except if the	15559
director determines upon investigation and inspection pursuant to	15560
section 5104.04 of the Revised Code and rules adopted pursuant to	15561
that section that the park, playground, or similar area, as well	15562
as access to and from the area, is unsafe for the children.	15563

(3) The child day-care center shall have at least two	15564
responsible adults available on the premises at all times when	15565
seven or more children are in the center. The center shall	15566
organize the children in the center in small groups, shall provide	15567
child-care staff to give continuity of care and supervision to the	15568
children on a day-by-day basis, and shall ensure that no child is	15569
left alone or unsupervised. Except as otherwise provided in	15570
division (E) of this section, the maximum number of children per	15571
child-care staff member and maximum group size, by age category of	15572
children, are as follows:	15573

	Maximum Number of		15574
	Children Per	Maximum	15575
Age Category	Child-Care	Group	15576
of Children	Staff Member	Size	15577
(a) Infants:			15578
(i) Less than twelve			15579
months old	5:1, or		15580
	12:2 if two		15581
	child-care		15582
	staff members		15583
	are in the room	12	15584
(ii) At least twelve			15585
months old, but			15586
less than eighteen			15587
months old	6:1	12	15588
(b) Toddlers:			15589
(i) At least eighteen			15590
months old, but			15591
less than thirty			15592
months old	7:1	14	15593
(ii) At least thirty months			15594
old, but less than			15595
three years old	8:1	16	15596
(c) Preschool			15597
children:			15598
(i) Three years old	12:1	24	15599
(ii) Four years old and			15600
five years old who			15601
are not school			15602
children	14:1	28	15603
(d) School children:			15604
(i) A child who is			15605
enrolled in or is			15606
eligible to be			15607
enrolled in a grade			15608
of kindergarten			15609
or above, but			15610
is less than			15611
eleven years old	18:1	36	15612
(ii) Eleven through fourteen			15613
years old	20:1	40	15614

Except as otherwise provided in division (E) of this section,	15615
the maximum number of children per child-care staff member and	15616
maximum group size requirements of the younger age group shall	15617
apply when age groups are combined.	15618

(4)(a) The child day-care center administrator shall show the	15619
director both of the following:	15620

(i) Evidence of at least high school graduation or	15621
certification of high school equivalency by the state board of	15622
education or the appropriate agency of another state;	15623

(ii) Evidence of having completed at least two years of	15624
training in an accredited college, university, or technical	15625
college, including courses in child development or early childhood	15626
education, or at least two years of experience in supervising and	15627
giving daily care to children attending an organized group	15628
program.	15629

(b) In addition to the requirements of division (B)(4)(a) of	15630
this section, any administrator employed or designated on or after	15631
September 1, 1986, shall show evidence of, and any administrator	15632
employed or designated prior to September 1, 1986, shall show	15633
evidence within six years after such date of, at least one of the	15634
following:	15635

(i) Two years of experience working as a child-care staff	15636
member in a center and at least four courses in child development	15637
or early childhood education from an accredited college,	15638
university, or technical college, except that a person who has two	15639
years of experience working as a child-care staff member in a	15640
particular center and who has been promoted to or designated as	15641
administrator of that center shall have one year from the time the	15642
person was promoted to or designated as administrator to complete	15643
the required four courses;	15644

(ii) Two years of training, including at least four courses	15645
in child development or early childhood education from an	15646
accredited college, university, or technical college;	15647

(iii) A child development associate credential issued by the	15648
national child development associate credentialing commission;	15649

(iv) An associate or higher degree in child development or	15650
early childhood education from an accredited college, technical	15651
college, or university, or a license designated for teaching in an	15652
associate teaching position in a preschool setting issued by the	15653
state board of education.	15654

(5) All child-care staff members of a child day-care center	15655
shall be at least eighteen years of age, and shall furnish the	15656
director evidence of at least high school graduation or	15657
certification of high school equivalency by the state board of	15658
education or the appropriate agency of another state or evidence	15659
of completion of a training program approved by the department of	15660
job and family services or state board of education, except as	15661
follows:	15662

(a) A child-care staff member may be less than eighteen years	15663
of age if the staff member is either of the following:	15664

(i) A graduate of a two-year vocational child-care training	15665
program approved by the state board of education;	15666

(ii) A student enrolled in the second year of a vocational	15667
child-care training program approved by the state board of	15668
education which leads to high school graduation, provided that the	15669
student performs the student's duties in the child day-care center	15670
under the continuous supervision of an experienced child-care	15671
staff member, receives periodic supervision from the vocational	15672
child-care training program teacher-coordinator in the student's	15673
high school, and meets all other requirements of this chapter and	15674
rules adopted pursuant to this chapter.	15675

(b) A child-care staff member shall be exempt from the	15676
educational requirements of this division if the staff member:	15677

(i) Prior to January 1, 1972, was employed or designated by a	15678
child day-care center and has been continuously employed since	15679
either by the same child day-care center employer or at the same	15680
child day-care center; or	15681

(ii) Is a student enrolled in the second year of a vocational	15682
child-care training program approved by the state board of	15683
education which leads to high school graduation, provided that the	15684
student performs the student's duties in the child day-care center	15685
under the continuous supervision of an experienced child-care	15686
staff member, receives periodic supervision from the vocational	15687
child-care training program teacher-coordinator in the student's	15688
high school, and meets all other requirements of this chapter and	15689
rules adopted pursuant to this chapter.	15690

(6) Every child care staff member of a child day-care center	15691
annually shall complete fifteen hours of inservice training in	15692
child development or early childhood education, ~~child abuse~~	15693
~~recognition and prevention~~recognizing children who are children	15694
in need of protective services and preventing children from	15695
becoming children in need of protective services, first aid, and	15696
in prevention, recognition, and management of communicable	15697
diseases, until a total of forty-five hours of training has been	15698
completed, unless the staff member furnishes one of the following	15699
to the director:	15700

(a) Evidence of an associate or higher degree in child	15701
development or early childhood education from an accredited	15702
college, university, or technical college;	15703

(b) A license designated for teaching in an associate	15704
teaching position in a preschool setting issued by the state board	15705
of education;	15706

15707

(d) Evidence of a preprimary credential from the American	15708
Montessori society or the association Montessori internationale.	15709
For the purposes of division (B)(6) of this section, "hour" means	15710
sixty minutes.	15711

(7) The administrator of each child day-care center shall	15712
prepare at least once annually and for each group of children at	15713
the center a roster of names and telephone numbers of parents,	15714
custodians, or guardians of each group of children attending the	15715
center and upon request shall furnish the roster for each group to	15716
the parents, custodians, or guardians of the children in that	15717
group. The administrator may prepare a roster of names and	15718
telephone numbers of all parents, custodians, or guardians of	15719
children attending the center and upon request shall furnish the	15720
roster to the parents, custodians, or guardians of the children	15721
who attend the center. The administrator shall not include in any	15722
roster the name or telephone number of any parent, custodian, or	15723
guardian who requests the administrator not to include the	15724
parent's, custodian's, or guardian's name or number and shall not	15725
furnish any roster to any person other than a parent, custodian,	15726
or guardian of a child who attends the center.	15727

(C)(1) Each child day-care center shall have on the center	15728
premises and readily available at all times at least one	15729
child-care staff member who has completed a course in first aid	15730
and in prevention, recognition, and management of communicable	15731
diseases which is approved by the state department of health and a	15732
staff member who has completed a course in ~~child abuse recognition~~	15733
~~and prevention training which~~recognizing children who are	15734
children in need of protective services and preventing children	15735
from becoming children in need of protective services that is	15736
approved by the department of job and family services.	15737

(2) The administrator of each child day-care center shall	15738
maintain enrollment, health, and attendance records for all	15739
children attending the center and health and employment records	15740
for all center employees. The records shall be confidential,	15741
except as otherwise provided in division (B)(7) of this section	15742
and except that they shall be disclosed by the administrator to	15743
the director upon request for the purpose of administering and	15744
enforcing this chapter and rules adopted pursuant to this chapter.	15745
Neither the center nor the licensee, administrator, or employees	15746
of the center shall be civilly or criminally liable in damages or	15747
otherwise for records disclosed to the director by the	15748
administrator pursuant to this division. It shall be a defense to	15749
any civil or criminal charge based upon records disclosed by the	15750
administrator to the director that the records were disclosed	15751
pursuant to this division.	15752

(3)(a) Any parent who is the residential parent and legal	15753
custodian of a child enrolled in a child day-care center and any	15754
custodian or guardian of such a child shall be permitted unlimited	15755
access to the center during its hours of operation for the	15756
purposes of contacting their children, evaluating the care	15757
provided by the center, evaluating the premises of the center, or	15758
for other purposes approved by the director. A parent of a child	15759
enrolled in a child day-care center who is not the child's	15760
residential parent shall be permitted unlimited access to the	15761
center during its hours of operation for those purposes under the	15762
same terms and conditions under which the residential parent of	15763
that child is permitted access to the center for those purposes.	15764
However, the access of the parent who is not the residential	15765
parent is subject to any agreement between the parents and, to the	15766
extent described in division (C)(3)(b) of this section, is subject	15767
to any terms and conditions limiting the right of access of the	15768
parent who is not the residential parent, as described in division	15769
(I) of section 3109.051 of the Revised Code, that are contained in	15770
a parenting time order or decree issued under that section,	15771
section 3109.12 of the Revised Code, or any other provision of the	15772
Revised Code.	15773

(b) If a parent who is the residential parent of a child has	15774
presented the administrator or the administrator's designee with a	15775
copy of a parenting time order that limits the terms and	15776
conditions under which the parent who is not the residential	15777
parent is to have access to the center, as described in division	15778
(I) of section 3109.051 of the Revised Code, the parent who is not	15779
the residential parent shall be provided access to the center only	15780
to the extent authorized in the order. If the residential parent	15781
has presented such an order, the parent who is not the residential	15782
parent shall be permitted access to the center only in accordance	15783
with the most recent order that has been presented to the	15784
administrator or the administrator's designee by the residential	15785
parent or the parent who is not the residential parent.	15786

(c) Upon entering the premises pursuant to division (C)(3)(a)	15787
or (b) of this section, the parent who is the residential parent	15788
and legal custodian, the parent who is not the residential parent,	15789
or the custodian or guardian shall notify the administrator or the	15790
administrator's designee of the parent's, custodian's, or	15791
guardian's presence.	15792

(D) The director of job and family services, in addition to	15793
the rules adopted under division (A) of this section, shall adopt	15794
rules establishing minimum requirements for child day-care	15795
centers. The rules shall include, but not be limited to, the	15796
requirements set forth in divisions (B) and (C) of this section.	15797
Except as provided in section 5104.07 of the Revised Code, the	15798
rules shall not change the square footage requirements of division	15799
(B)(1) or (2) of this section; the maximum number of children per	15800
child-care staff member and maximum group size requirements of	15801
division (B)(3) of this section; the educational and experience	15802
requirements of division (B)(4) of this section; the age,	15803
educational, and experience requirements of division (B)(5) of	15804
this section; the number of inservice training hours required	15805
under division (B)(6) of this section; or the requirement for at	15806
least annual preparation of a roster for each group of children of	15807
names and telephone numbers of parents, custodians, or guardians	15808
of each group of children attending the center that must be	15809
furnished upon request to any parent, custodian, or guardian of	15810
any child in that group required under division (B)(7) of this	15811
section; however, the rules shall provide procedures for	15812
determining compliance with those requirements.	15813

(E)(1) When age groups are combined, the maximum number of	15814
children per child-care staff member shall be determined by the	15815
age of the youngest child in the group, except that when no more	15816
than one child thirty months of age or older receives services in	15817
a group in which all the other children are in the next older age	15818
group, the maximum number of children per child-care staff member	15819
and maximum group size requirements of the older age group	15820
established under division (B)(3) of this section shall apply.	15821

(2) The maximum number of toddlers or preschool children per	15822
child-care staff member in a room where children are napping shall	15823
be twice the maximum number of children per child-care staff	15824
member established under division (B)(3) of this section if all	15825
the following criteria are met:	15826

(a) At least one child-care staff member is present in the	15827
room.	15828

(b) Sufficient child-care staff members are on the child	15829
day-care center premises to meet the maximum number of children	15830
per child-care staff member requirements established under	15831
division (B)(3) of this section.	15832

(c) Naptime preparations are complete and all napping	15833
children are resting or sleeping on cots.	15834

(d) The maximum number established under division (E)(2) of	15835
this section is in effect for no more than one and one-half hours	15836
during a twenty-four-hour day.	15837

(F) The director of job and family services shall adopt rules	15838
pursuant to Chapter 119. of the Revised Code governing the	15839
operation of type A family day-care homes, including, but not	15840
limited to, parent cooperative type A homes, part-time type A	15841
homes, drop-in type A homes, and school child type A homes, which	15842
shall reflect the various forms of child care and the needs of	15843
children receiving child care. The rules shall include the	15844
following:	15845

(1) Submission of a site plan and descriptive plan of	15846
operation to demonstrate how the type A home proposes to meet the	15847
requirements of this chapter and rules adopted pursuant to this	15848
chapter for the initial license application;	15849

(2) Standards for ensuring that the physical surroundings of	15850
the type A home are safe and sanitary, including, but not limited	15851
to, the physical environment, the physical plant, and the	15852
equipment of the type A home;	15853

(3) Standards for the supervision, care, and discipline of	15854
children receiving child care or publicly funded child care in the	15855
type A home;	15856

(4) Standards for a program of activities, and for play	15857
equipment, materials, and supplies, to enhance the development of	15858
each child; however, any educational curricula, philosophies, and	15859
methodologies that are developmentally appropriate and that	15860
enhance the social, emotional, intellectual, and physical	15861
development of each child shall be permissible;	15862

(5) Admissions policies and procedures, health care policies	15863
and procedures, including, but not limited to, procedures for the	15864
isolation of children with communicable diseases, first aid and	15865
emergency procedures, procedures for discipline and supervision of	15866
children, standards for the provision of nutritious meals and	15867
snacks, and procedures for screening children and employees,	15868
including, but not limited to, any necessary physical examinations	15869
and immunizations;	15870

(6) Methods for encouraging parental participation in the	15871
type A home and methods for ensuring that the rights of children,	15872
parents, and employees are protected and that the responsibilities	15873
of parents and employees are met;	15874

(7) Procedures for ensuring the safety and adequate	15875
supervision of children traveling off the premises of the type A	15876
home while under the care of a type A home employee;	15877

(8) Procedures for record keeping, organization, and	15878
administration;	15879

(9) Procedures for issuing, renewing, denying, and revoking a	15880
license that are not otherwise provided for in Chapter 119. of the	15881
Revised Code;	15882

(10) Inspection procedures;

15883

(11) Procedures and standards for setting initial and renewal	15884
license application fees;	15885

(12) Procedures for receiving, recording, and responding to	15886
complaints about type A homes;	15887

(13) Procedures for enforcing section 5104.04 of the Revised	15888
Code;	15889

(14) A standard requiring the inclusion, on or after July 1,	15890
1987, of a current department of job and family services toll-free	15891
telephone number on each type A home provisional license or	15892
license which any person may use to report a suspected violation	15893
by the type A home of this chapter or rules adopted pursuant to	15894
this chapter;	15895

(15) Requirements for the training of administrators and	15896
child-care staff members in first aid, in prevention, recognition,	15897
and management of communicable diseases, and in ~~child abuse~~	15898
~~recognition and prevention~~recognizing children who are children	15899
in need of protective services and preventing children from	15900
becoming children in need of protective services;	15901

(16) Procedures to be used by licensees for checking the	15902
references of potential employees of type A homes and procedures	15903
to be used by the director for checking the references of	15904
applicants for licenses to operate type A homes;	15905

(17) Standards providing for the special needs of children	15906
who are handicapped or who require treatment for health conditions	15907
while the child is receiving child care or publicly funded child	15908
care in the type A home;	15909

(18) Standards for the maximum number of children per	15910
child-care staff member;	15911

(19) Requirements for the amount of usable indoor floor space	15912
for each child;	15913

(20) Requirements for safe outdoor play space;

15914

(21) Qualifications and training requirements for	15915
administrators and for child-care staff members;	15916

(22) Procedures for granting a parent who is the residential	15917
parent and legal custodian, or a custodian or guardian access to	15918
the type A home during its hours of operation;	15919

(23) Standards for the preparation and distribution of a	15920
roster of parents, custodians, and guardians;	15921

(24) Any other procedures and standards necessary to carry	15922
out this chapter.	15923

(G) The director of job and family services shall adopt rules	15924
pursuant to Chapter 119. of the Revised Code governing the	15925
certification of type B family day-care homes.	15926

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

15927

(a) Procedures, standards, and other necessary provisions for	15928
granting limited certification to type B family day-care homes	15929
that are operated by the following adult providers:	15930

(i) Persons who provide child care for eligible children who	15931
are great-grandchildren, grandchildren, nieces, nephews, or	15932
siblings of the provider or for eligible children whose caretaker	15933
parent is a grandchild, child, niece, nephew, or sibling of the	15934
provider;	15935

(ii) Persons who provide child care for eligible children all	15936
of whom are the children of the same caretaker parent;	15937

(b) Procedures for the director to ensure, that type B	15938
homes that receive a limited certification provide child care to	15939
children in a safe and sanitary manner;	15940

(c) Requirements for the type B home to notify parents with	15941
children in the type B home that the type B home is also certified	15942
as a foster home under section 5103.03 of the Revised Code.	15943

With regard to providers who apply for limited certification,	15944
a provider shall be granted a provisional limited certification on	15945
signing a declaration under oath attesting that the provider meets	15946
the standards for limited certification. Such provisional limited	15947
certifications shall remain in effect for no more than sixty	15948
calendar days and shall entitle the provider to offer publicly	15949
funded child care during the provisional period. Except as	15950
otherwise provided in division (G)(1) of this section, section	15951
5104.013 or 5104.09 of the Revised Code, or division (A)(2) of	15952
section 5104.11 of the Revised Code, prior to the expiration of	15953
the provisional limited certificate, a county department of job	15954
and family services shall inspect the home and shall grant limited	15955
certification to the provider if the provider meets the	15956
requirements of this division. Limited certificates remain valid	15957
for two years unless earlier revoked. Except as otherwise provided	15958
in division (G)(1) of this section, providers operating under	15959
limited certification shall be inspected annually.	15960

If a provider is a person described in division (G)(1)(a)(i)	15961
of this section or a person described in division (G)(1)(a)(ii) of	15962
this section who is a friend of the caretaker parent, the	15963
provider and the caretaker parent may verify in writing to the	15964
county department of job and family services that minimum health	15965
and safety requirements are being met in the home. Except as	15966
otherwise provided in section 5104.013 or 5104.09 or in division	15967
(A)(2) of section 5104.11 of the Revised Code, if such	15968
verification is provided, the county shall waive any inspection	15969
required by this chapter and grant limited certification to the	15970
provider.	15971

(2) The rules shall provide for safeguarding the health,	15972
safety, and welfare of children receiving child care or publicly	15973
funded child care in a certified type B home and shall include the	15974
following:	15975

(a) Standards for ensuring that the type B home and the	15976
physical surroundings of the type B home are safe and sanitary,	15977
including, but not limited to, physical environment, physical	15978
plant, and equipment;	15979

(b) Standards for the supervision, care, and discipline of	15980
children receiving child care or publicly funded child care in the	15981
home;	15982

(c) Standards for a program of activities, and for play	15983
equipment, materials, and supplies to enhance the development of	15984
each child; however, any educational curricula, philosophies, and	15985
methodologies that are developmentally appropriate and that	15986
enhance the social, emotional, intellectual, and physical	15987
development of each child shall be permissible;	15988

(d) Admission policies and procedures, health care, first aid	15989
and emergency procedures, procedures for the care of sick	15990
children, procedures for discipline and supervision of children,	15991
nutritional standards, and procedures for screening children and	15992
authorized providers, including, but not limited to, any necessary	15993
physical examinations and immunizations;	15994

(e) Methods of encouraging parental participation and	15995
ensuring that the rights of children, parents, and authorized	15996
providers are protected and the responsibilities of parents and	15997
authorized providers are met;	15998

(f) Standards for the safe transport of children when under	15999
the care of authorized providers;	16000

(g) Procedures for issuing, renewing, denying, refusing to	16001
renew, or revoking certificates;	16002

(h) Procedures for the inspection of type B homes that	16003
require, at a minimum, that each type B home be inspected prior to	16004
certification to ensure that the home is safe and sanitary;	16005

(i) Procedures for record keeping and evaluation;

16006

(j) Procedures for receiving, recording, and responding to	16007
complaints;	16008

(k) Standards providing for the special needs of children who	16009
are handicapped or who receive treatment for health conditions	16010
while the child is receiving child care or publicly funded child	16011
care in the type B home;	16012

(l) Requirements for the amount of usable indoor floor space	16013
for each child;	16014

(m) Requirements for safe outdoor play space;

16015

(n) Qualification and training requirements for authorized	16016
providers;	16017

(o) Procedures for granting a parent who is the residential	16018
parent and legal custodian, or a custodian or guardian access to	16019
the type B home during its hours of operation;	16020

(p) Requirements for the type B home to notify parents with	16021
children in the type B home that the type B home is also certified	16022
as a foster home under section 5103.03 of the Revised Code;	16023

(q) Any other procedures and standards necessary to carry out	16024
this chapter.	16025

(H) The director shall adopt rules pursuant to Chapter 119.	16026
of the Revised Code governing the certification of in-home aides.	16027
The rules shall include procedures, standards, and other necessary	16028
provisions for granting limited certification to in-home aides who	16029
provide child care for eligible children who are	16030
great-grandchildren, grandchildren, nieces, nephews, or siblings	16031
of the in-home aide or for eligible children whose caretaker	16032
parent is a grandchild, child, niece, nephew, or sibling of the	16033
in-home aide. The rules shall require, and shall include	16034
procedures for the director to ensure, that in-home aides that	16035
receive a limited certification provide child care to children in	16036
a safe and sanitary manner. The rules shall provide for	16037
safeguarding the health, safety, and welfare of children receiving	16038
publicly funded child care in their own home and shall include the	16039
following:	16040

(1) Standards for ensuring that the child's home and the	16041
physical surroundings of the child's home are safe and sanitary,	16042
including, but not limited to, physical environment, physical	16043
plant, and equipment;	16044

(2) Standards for the supervision, care, and discipline of	16045
children receiving publicly funded child care in their own home;	16046

(3) Standards for a program of activities, and for play	16047
equipment, materials, and supplies to enhance the development of	16048
each child; however, any educational curricula, philosophies, and	16049
methodologies that are developmentally appropriate and that	16050
enhance the social, emotional, intellectual, and physical	16051
development of each child shall be permissible;	16052

(4) Health care, first aid, and emergency procedures,	16053
procedures for the care of sick children, procedures for	16054
discipline and supervision of children, nutritional standards, and	16055
procedures for screening children and in-home aides, including,	16056
but not limited to, any necessary physical examinations and	16057
immunizations;	16058

(5) Methods of encouraging parental participation and	16059
ensuring that the rights of children, parents, and in-home aides	16060
are protected and the responsibilities of parents and in-home	16061
aides are met;	16062

(6) Standards for the safe transport of children when under	16063
the care of in-home aides;	16064

(7) Procedures for issuing, renewing, denying, refusing to	16065
renew, or revoking certificates;	16066

(8) Procedures for inspection of homes of children receiving	16067
publicly funded child care in their own homes;	16068

(9) Procedures for record keeping and evaluation;

16069

(10) Procedures for receiving, recording, and responding to	16070
complaints;	16071

(11) Qualifications and training requirements for in-home	16072
aides;	16073

(12) Standards providing for the special needs of children	16074
who are handicapped or who receive treatment for health conditions	16075
while the child is receiving publicly funded child care in the	16076
child's own home;	16077

(13) Any other procedures and standards necessary to carry	16078
out this chapter.	16079

(I) To the extent that any rules adopted for the purposes of	16080
this section require a health care professional to perform a	16081
physical examination, the rules shall include as a health care	16082
professional a physician assistant, a clinical nurse specialist, a	16083
certified nurse practitioner, or a certified nurse-midwife.	16084

(J)(1) The director of job and family services shall do all	16085
of the following:	16086

(a) Provide or make available in either paper or electronic	16087
form to each licensee notice of proposed rules governing the	16088
licensure of child day-care centers and type A homes;	16089

(b) Give public notice of hearings regarding the rules to	16090
each licensee at least thirty days prior to the date of the	16091
public hearing, in accordance with section 119.03 of the Revised	16092
Code;	16093

(c) At least thirty days before the effective date of a rule,	16094
provide, in either paper or electronic form, a copy of the adopted	16095
rule to each licensee.	16096

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

16097

(a) Send to each county director of job and family services a	16098
notice of proposed rules governing the certification of type B	16099
family homes and in-home aides that includes an internet web site	16100
address where the proposed rules can be viewed;	16101

(b) Give public notice of hearings regarding the proposed	16102
rules not less than thirty days in advance;	16103

(c) Provide to each county director of job and family	16104
services an electronic copy of each adopted rule at least	16105
forty-five days prior to the rule's effective date.	16106

(3) The county director of job and family services shall	16107
provide or make available in either paper or electronic form to	16108
each authorized provider and in-home aide copies of proposed	16109
rules and shall give public notice of hearings regarding the	16110
rules to each authorized provider and in-home aide at least	16111
thirty days prior to the date of the public hearing, in	16112
accordance with section 119.03 of the Revised Code. At least	16113
thirty days before the effective date of a rule, the county	16114
director of job and family services shall provide, in either paper	16115
or electronic form, copies of the adopted rule to each authorized	16116
provider and in-home aide.	16117

(4) Additional copies of proposed and adopted rules shall be	16118
made available by the director of job and family services to the	16119
public on request at no charge.	16120

(5) The director of job and family services shall recommend	16121
standards for imposing sanctions on persons and entities that are	16122
licensed or certified under this chapter and that violate any	16123
provision of this chapter. The standards shall be based on the	16124
scope and severity of the violations. The director shall provide	16125
copies of the recommendations to the governor, the speaker and	16126
minority leader of the house of representatives, and the president	16127
and minority leader of the senate and, on request, shall make	16128
copies available to the public.	16129

(6) The director of job and family services shall adopt rules	16130
pursuant to Chapter 119. of the Revised Code that establish	16131
standards for the training of individuals whom any county	16132
department of job and family services employs, with whom any	16133
county department of job and family services contracts, or with	16134
whom the director of job and family services contracts, to inspect	16135
or investigate type B family day-care homes pursuant to section	16136
5104.11 of the Revised Code. The department shall provide training	16137
in accordance with those standards for individuals in the	16138
categories described in this division.	16139

(K) The director of job and family services shall review all	16140
rules adopted pursuant to this chapter at least once every seven	16141
years.	16142

(L) Notwithstanding any provision of the Revised Code, the	16143
director of job and family services shall not regulate in any way	16144
under this chapter or rules adopted pursuant to this chapter,	16145
instruction in religious or moral doctrines, beliefs, or values.	16146

Sec. 5104.06. (A) The director of job and family services	16147
shall provide consultation, technical assistance, and training to	16148
child day-care centers and type A family day-care homes to improve	16149
programs and facilities providing child care including, but not	16150
limited to, assistance in meeting the requirements of Chapter	16151
5104. and rules adopted pursuant to Chapter 5104. of the Revised	16152
Code and shall furnish information regarding ~~child abuse~~	16153
identification and reporting of ~~child abuse~~acts or omissions that	16154
would cause a child to be a child in need of protective services.	16155

(B) The director of job and family services shall provide	16156
consultation and technical assistance to county departments of job	16157
and family services to assist the departments with the	16158
implementation of certification of type B family day-care home	16159
providers and in-home aides.	16160

Sec. 5104.11. (A)(1) Every person desiring to receive	16161
certification for a type B family day-care home to provide	16162
publicly funded child care shall apply for certification to the	16163
county director of job and family services on such forms as the	16164
director of job and family services prescribes. The county	16165
director shall provide at no charge to each applicant a copy of	16166
rules for certifying type B family day-care homes adopted pursuant	16167
to this chapter.	16168

(2) Except as provided in division (G)(1) of section 5104.011	16169
of the Revised Code, after receipt of an application for	16170
certification from a type B family day-care home, the county	16171
director of job and family services shall inspect the home. If it	16172
complies with this chapter and any applicable rules adopted under	16173
this chapter, the county department shall certify the type B	16174
family day-care home to provide publicly funded child care	16175
pursuant to this chapter and any rules adopted under it. The	16176
director of job and family services or a county director of job	16177
and family services may contract with a government entity or a	16178
private nonprofit entity for that entity to inspect and certify	16179
type B family day-care homes pursuant to this section. The county	16180
department of job and family services, government entity, or	16181
nonprofit entity shall conduct the inspection prior to the	16182
issuance of a certificate for the type B home and, as part of that	16183
inspection, ensure that the type B home is safe and sanitary.	16184

(3)(a) On receipt of an application for certification for a	16185
type B family day-care home to provide publicly funded child care	16186
or for renewal of such certification, the county department shall	16187
request from both of the following information concerning any	16188
~~abuse or neglect~~ report of an act or omission that indicates that	16189
a child is a child in need of protective services made pursuant to	16190
section 2151.421 of the Revised Code of which the applicant, any	16191
other adult residing in the applicant's home, or a person	16192
designated by the applicant to be an emergency or substitute	16193
caregiver for the applicant is the subject:	16194

(i) The public children services agency, until the county	16195
department is notified by the department of job and family	16196
services that the uniform statewide automated child welfare	16197
information system has been finalized statewide;	16198

(ii) Upon receipt of notification under division (D) of	16199
section 5101.13 of the Revised Code that the uniform statewide	16200
automated child welfare information system has been implemented	16201
statewide, the uniform statewide automated child welfare	16202
information system via the department.	16203

(b) The county department shall consider any information	16204
provided by the agency or the department pursuant to section	16205
5153.175 of the Revised Code. If the county department determines	16206
that the information, when viewed within the totality of the	16207
circumstances, reasonably leads to the conclusion that the	16208
applicant may directly or indirectly endanger the health, safety,	16209
or welfare of children, the county department shall deny the	16210
application for certification or renewal of certification, or	16211
revoke the certification of an authorized provider.	16212

(c) As used in division (A)(3) of this section, "public	16213
children services agency" means either an entity separate from the	16214
county department or the part of the county department that serves	16215
as the county's public children services agency, as appropriate.	16216

(4) Except as provided in division (A)(5) of this section, an	16217
authorized provider of a type B family day-care home that receives	16218
a certificate pursuant to this section to provide publicly funded	16219
child care is an independent contractor and is not an employee of	16220
the county department of job and family services that issues the	16221
certificate.	16222

(5) For purposes of Chapter 4141. of the Revised Code,	16223
determinations concerning the employment of an authorized provider	16224
of a type B family day-care home that receives a certificate	16225
pursuant to this section shall be determined under Chapter 4141.	16226
of the Revised Code.	16227

(B) If the county director of job and family services	16228
determines that the type B family day-care home complies with this	16229
chapter and any rules adopted under it, the county director shall	16230
issue to the provider a certificate to provide publicly funded	16231
child care, which certificate is valid for twelve months, unless	16232
revoked earlier. The county director may revoke the certificate	16233
after determining that revocation is necessary. The authorized	16234
provider shall post the certificate in a conspicuous place in the	16235
certified type B home that is accessible to parents, custodians,	16236
or guardians at all times. The certificate shall state the name	16237
and address of the authorized provider, the maximum number of	16238
children who may be cared for at any one time in the certified	16239
type B home, the expiration date of the certification, and the	16240
name and telephone number of the county director who issued the	16241
certificate.	16242

(C)(1) The county director shall inspect every certified type	16243
B family day-care home at least twice within each twelve-month	16244
period of the operation of the certified type B home. A minimum of	16245
one inspection shall be unannounced and all inspections may be	16246
unannounced. Upon receipt of a complaint, the county director	16247
shall investigate the certified type B home, and division (C)(2)	16248
of this section applies regarding the complaint. The authorized	16249
provider shall permit the county director to inspect any part of	16250
the certified type B home. The county director shall prepare a	16251
written inspection report and furnish one copy to the authorized	16252
provider within a reasonable time after the inspection.	16253

(2) Upon receipt of a complaint as described in division	16254
(C)(1) of this section, in addition to the investigation that is	16255
required under that division, both of the following apply:	16256

(a) If the complaint alleges that a child suffered physical	16257
harm while receiving child care at the certified type B family	16258
day-care home or that the noncompliance with law or act alleged in	16259
the complaint involved, resulted in, or poses a substantial risk	16260
of physical harm to a child receiving child care at the home, the	16261
county director shall inspect the home.	16262

(b) If division (C)(2)(a) of this section does not apply	16263
regarding the complaint, the county director may inspect the	16264
certified type B family day-care home.	16265

(3) Division (C)(2) of this section does not limit, restrict,	16266
or negate any duty of the county director to inspect a certified	16267
type B family day-care home that otherwise is imposed under this	16268
section, or any authority of the county director to inspect a home	16269
that otherwise is granted under this section when the county	16270
director believes the inspection is necessary and it is permitted	16271
under the grant.	16272

(D) The county director of job and family services, in	16273
accordance with rules adopted pursuant to section 5104.052 of the	16274
Revised Code regarding fire safety and fire prevention, shall	16275
inspect each type B home that applies to be certified that is	16276
providing or is to provide publicly funded child care.	16277

(E) All materials that are supplied by the department of job	16278
and family services to type A family day-care home providers, type	16279
B family day-care home providers, in-home aides, persons who	16280
desire to be type A family day-care home providers, type B family	16281
day-care home providers, or in-home aides, and caretaker parents	16282
shall be written at no higher than the sixth grade reading level.	16283
The department may employ a readability expert to verify its	16284
compliance with this division.	16285

Sec. 5107.02. As used in this chapter:

16286

(A) "Adult" means an individual who is not a minor child.

16287

(B) "Assistance group" means a group of individuals treated	16288
as a unit for purposes of determining eligibility for and the	16289
amount of assistance provided under Ohio works first.	16290

(C) "Custodian" means an individual who has legal custody, as	16291
defined in section ~~2151.011~~2151.03 of the Revised Code, of a	16292
minor child or comparable status over a minor child created by a	16293
court of competent jurisdiction in another state.	16294

(D) "Domestic violence" means being subjected to any of the	16295
following:	16296

(1) Physical acts that resulted in, or threatened to result	16297
in, physical injury to the individual;	16298

(2) Sexual abuse;

16299

(3) Sexual activity involving a dependent child;

16300

(4) Being forced as the caretaker relative of a dependent	16301
child to engage in nonconsensual sexual acts or activities;	16302

(5) Threats of, or attempts at, physical or sexual abuse;

16303

(6) Mental abuse;

16304

(7) Neglect or deprivation of medical care.

16305

(E) "Guardian" means an individual that is granted authority	16306
by a probate court pursuant to Chapter 2111. of the Revised Code,	16307
or a court of competent jurisdiction in another state, to exercise	16308
parental rights over a minor child to the extent provided in the	16309
court's order and subject to residual parental rights of the minor	16310
child's parents.	16311

(F) "LEAP program" means the learning, earning, and	16312
parenting program conducted under section 5107.30 of the Revised	16313
Code.	16314

(G) "Minor child" means either of the following:

16315

(1) An individual who has not attained age eighteen;

16316

(2) An individual who has not attained age nineteen and is a	16317
full-time student in a secondary school or in the equivalent level	16318
of vocational or technical training.	16319

(H) "Minor head of household" means a minor child who is	16320
either of the following:	16321

(1) Is married, at least six months pregnant, and a member of	16322
an assistance group that does not include an adult;	16323

(2) Is married and is a parent of a child included in the	16324
same assistance group that does not include an adult.	16325

(I) "Ohio works first" means the program established by this	16326
chapter known as temporary assistance for needy families in Title	16327
IV-A.	16328

(J) "Payment standard" means the amount specified in rules	16329
adopted under section 5107.05 of the Revised Code that is the	16330
maximum amount of cash assistance an assistance group may receive	16331
under Ohio works first from state and federal funds.	16332

(K) "Specified relative" means the following individuals who	16333
are age eighteen or older:	16334

(1) The following individuals related by blood or adoption:

16335

(a) Grandparents, including grandparents with the prefix	16336
"great," "great-great," or "great-great-great";	16337

(b) Siblings;

16338

(c) Aunts, uncles, nephews, and nieces, including such	16339
relatives with the prefix "great," "great-great," "grand," or	16340
"great-grand";	16341

(d) First cousins and first cousins once removed.

16342

(2) Stepparents and stepsiblings;

16343

(3) Spouses and former spouses of individuals named in	16344
division (K)(1) or (2) of this section.	16345

(L) "Title IV-A" or "Title IV-D" means Title IV-A or Title	16346
IV-D of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	16347
301, as amended.	16348

Sec. 5107.10. (A) As used in this section:

16349

(1) "Countable income," "gross earned income," and "gross	16350
unearned income" have the meanings established in rules adopted	16351
under section 5107.05 of the Revised Code.	16352

(2) "Federal poverty guidelines" has the same meaning as in	16353
section 5101.46 of the Revised Code, except that references to a	16354
person's family in the definition shall be deemed to be references	16355
to the person's assistance group.	16356

(3) "Gross income" means gross earned income and gross	16357
unearned income.	16358

(4) "Strike" means continuous concerted action in failing to	16359
report to duty; willful absence from one's position; or stoppage	16360
of work in whole from the full, faithful, and proper performance	16361
of the duties of employment, for the purpose of inducing,	16362
influencing, or coercing a change in wages, hours, terms, and	16363
other conditions of employment. "Strike" does not include a	16364
stoppage of work by employees in good faith because of dangerous	16365
or unhealthful working conditions at the place of employment that	16366
are abnormal to the place of employment.	16367

(B) Under the Ohio works first program, an assistance group	16368
shall receive, except as otherwise provided by this chapter,	16369
time-limited cash assistance. In the case of an assistance group	16370
that includes a minor head of household or adult, assistance shall	16371
be provided in accordance with the self-sufficiency contract	16372
entered into under section 5107.14 of the Revised Code.	16373

(C) To be eligible to participate in Ohio works first, an	16374
assistance group must meet all of the following requirements:	16375

(1) The assistance group, except as provided in division (E)	16376
of this section, must include at least one of the following:	16377

(a) A minor child who, except as provided in section 5107.24	16378
of the Revised Code, resides with a parent, or specified relative	16379
caring for the child, or, to the extent permitted by Title IV-A	16380
and federal regulations adopted until Title IV-A, resides with a	16381
guardian or custodian caring for the child;	16382

(b) A parent residing with and caring for the parent's minor	16383
child who receives supplemental security income under Title XVI of	16384
the "Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383,	16385
as amended, or federal, state, or local adoption assistance;	16386

(c) A specified relative residing with and caring for a minor	16387
child who is related to the specified relative in a manner that	16388
makes the specified relative a specified relative and receives	16389
supplemental security income or federal, state, or local foster	16390
care or adoption assistance;	16391

(d) A woman at least six months pregnant.

16392

(2) The assistance group must meet the income requirements	16393
established by division (D) of this section.	16394

(3) No member of the assistance group may be involved in a	16395
strike.	16396

(4) The assistance group must satisfy the requirements for	16397
Ohio works first established by this chapter and sections 5101.58,	16398
5101.59, and 5101.83 of the Revised Code.	16399

(5) The assistance group must meet requirements for Ohio	16400
works first established by rules adopted under section 5107.05 of	16401
the Revised Code.	16402

(D)(1) Except as provided in division (D)(4) of this section,	16403
to determine whether an assistance group is initially eligible to	16404
participate in Ohio works first, a county department of job and	16405
family services shall do the following:	16406

(a) Determine whether the assistance group's gross income	16407
exceeds fifty per cent of the federal poverty guidelines. In	16408
making this determination, the county department shall disregard	16409
amounts that federal statutes or regulations and sections 5101.17	16410
and 5117.10 of the Revised Code require be disregarded. The	16411
assistance group is ineligible to participate in Ohio works first	16412
if the assistance group's gross income, less the amounts	16413
disregarded, exceeds fifty per cent of the federal poverty	16414
guidelines.	16415

(b) If the assistance group's gross income, less the amounts	16416
disregarded pursuant to division (D)(1)(a) of this section, does	16417
not exceed fifty per cent of the federal poverty guidelines,	16418
determine whether the assistance group's countable income is less	16419
than the payment standard. The assistance group is ineligible to	16420
participate in Ohio works first if the assistance group's	16421
countable income equals or exceeds the payment standard.	16422

(2) For the purpose of determining whether an assistance	16423
group meets the income requirement established by division	16424
(D)(1)(a) of this section, the annual revision that the United	16425
States department of health and human services makes to the	16426
federal poverty guidelines shall go into effect on the first day	16427
of July of the year for which the revision is made.	16428

(3) To determine whether an assistance group participating in	16429
Ohio works first continues to be eligible to participate, a county	16430
department of job and family services shall determine whether the	16431
assistance group's countable income continues to be less than the	16432
payment standard. In making this determination, the county	16433
department shall disregard the first two hundred fifty dollars and	16434
fifty per cent of the remainder of the assistance group's gross	16435
earned income. No amounts shall be disregarded from the assistance	16436
group's gross unearned income. The assistance group ceases to be	16437
eligible to participate in Ohio works first if its countable	16438
income, less the amounts disregarded, equals or exceeds the	16439
payment standard.	16440

(4) If an assistance group reapplies to participate in Ohio	16441
works first not more than four months after ceasing to	16442
participate, a county department of job and family services shall	16443
use the income requirement established by division (D)(3) of this	16444
section to determine eligibility for resumed participation rather	16445
than the income requirement established by division (D)(1) of this	16446
section.	16447

(E)(1) An assistance group may continue to participate in	16448
Ohio works first even though a public children services agency	16449
removes the assistance group's minor children from the assistance	16450
group's home due to ~~abuse, neglect, or dependency~~the children	16451
being children in need of protective services if the agency does	16452
both of the following:	16453

(a) Notifies the county department of job and family services	16454
at the time the agency removes the children that it believes the	16455
children will be able to return to the assistance group within six	16456
months;	16457

(b) Informs the county department at the end of each of the	16458
first five months after the agency removes the children that the	16459
parent, guardian, custodian, or specified relative of the children	16460
is cooperating with the case plans prepared for the children under	16461
section 2151.412 of the Revised Code and that the agency is making	16462
reasonable efforts to return the children to the assistance group.	16463

(2) An assistance group may continue to participate in Ohio	16464
works first pursuant to division (E)(1) of this section for not	16465
more than six payment months. This division does not affect the	16466
eligibility of an assistance group that includes a woman at least	16467
six months pregnant.	16468

Sec. 5111.88. (A) As used in sections 5111.88 to 5111.8811	16469
of the Revised Code:	16470

(1) "Adult" means an individual at least eighteen years of	16471
age.	16472

(2) "Authorized representative" means the following:

16473

(a) In the case of a consumer who is a minor, the consumer's	16474
parent, custodian, or guardian;	16475

(b) In the case of a consumer who is an adult, an individual	16476
selected by the consumer pursuant to section 5111.8810 of the	16477
Revised Code to act on the consumer's behalf for purposes	16478
regarding home care attendant services.	16479

(3) "Authorizing health care professional" means a health	16480
care professional who, pursuant to section 5111.887 of the Revised	16481
Code, authorizes a home care attendant to assist a consumer with	16482
self-administration of medication, nursing tasks, or both.	16483

(4) "Consumer" means an individual to whom all of the	16484
following apply:	16485

(a) The individual is enrolled in a participating medicaid	16486
waiver component.	16487

(b) The individual has a medically determinable physical	16488
impairment to which both of the following apply:	16489

(i) It is expected to last for a continuous period of not	16490
less than twelve months.	16491

(ii) It causes the individual to require assistance with	16492
activities of daily living, self-care, and mobility, including	16493
either assistance with self-administration of medication or the	16494
performance of nursing tasks, or both.	16495

(c) In the case of an individual who is an adult, the	16496
individual is mentally alert and is, or has an authorized	16497
representative who is, capable of selecting, directing the	16498
actions of, and dismissing a home care attendant.	16499

(d) In the case of an individual who is a minor, the	16500
individual has an authorized representative who is capable of	16501
selecting, directing the actions of, and dismissing a home care	16502
attendant.	16503

(5) "Controlled substance" has the same meaning as in section	16504
3719.01 of the Revised Code.	16505

(6) "Custodian" has the same meaning as in section ~~2151.011~~	16506
2151.03 of the Revised Code.	16507

(7) "Gastrostomy tube" means a percutaneously inserted	16508
catheter that terminates in the stomach.	16509

(8) "Guardian" has the same meaning as in section 2111.01 of	16510
the Revised Code.	16511

(9) "Health care professional" means a physician or	16512
registered nurse.	16513

(10) "Home care attendant" means an individual holding a	16514
valid medicaid provider agreement in accordance with section	16515
5111.881 of the Revised Code that authorizes the individual to	16516
provide home care attendant services to consumers.	16517

(11) "Home care attendant services" means all of the	16518
following as provided by a home care attendant:	16519

(a) Personal care aide services;

16520

(b) Assistance with the self-administration of medication;

16521

16522

(12) "Jejunostomy tube" means a percutaneously inserted	16523
catheter that terminates in the jejunum.	16524

(13) "Medicaid waiver component" has the same meaning as in	16525
section 5111.85 of the Revised Code.	16526

(14) "Medication" means a drug as defined in section 4729.01	16527
of the Revised Code.	16528

(15) "Minor" means an individual under eighteen years of age.

16529

(16) "Participating medicaid waiver component" means both of	16530
the following:	16531

(a) The medicaid waiver component known as Ohio home care	16532
that the department of job and family services administers;	16533

(b) The medicaid waiver component known as Ohio transitions	16534
II aging carve-out that the department of job and family services	16535
administers.	16536

(17) "Physician" means an individual authorized under Chapter	16537
4731. of the Revised Code to practice medicine and surgery or	16538
osteopathic medicine and surgery.	16539

(18) "Practice of nursing as a registered nurse," "practice	16540
of nursing as a licensed practical nurse," and "registered nurse"	16541
have the same meanings as in section 4723.01 of the Revised Code.	16542
"Registered nurse" includes an advanced practice nurse, as defined	16543
in section 4723.01 of the Revised Code.	16544

(19) "Schedule II," "schedule III," "schedule IV," and	16545
"schedule V" have the same meanings as in section 3719.01 of the	16546
Revised Code.	16547

(B) The director of job and family services may submit	16548
requests to the United States secretary of health and human	16549
services to amend the federal medicaid waivers authorizing the	16550
participating medicaid waiver components to have those components	16551
cover home care attendant services in accordance with sections	16552
5111.88 to 5111.8810 and rules adopted under section 5111.8811 of	16553
the Revised Code. Notwithstanding sections 5111.881 to 5111.8811	16554
of the Revised Code, those sections shall be implemented regarding	16555
a participating medicaid waiver component only if the secretary	16556
approves a waiver amendment for the component.	16557

Sec. 5120.173. Any person who is required to report ~~abuse~~an	16558
act or ~~neglect of~~omission that indicates that a child under	16559
eighteen years of age is a child in need of protective services	16560
that is reasonably suspected or believed to have occurred or the	16561
threat of which is reasonably suspected or believed to exist	16562
pursuant to division (A) of section 2151.421 of the Revised Code,	16563
any person who is permitted to report or cause a report to be made	16564
of reasonably suspected ~~abuse~~acts or ~~neglect of~~omissions that	16565
indicate that a child under eighteen years of age is a child in	16566
need of protective services pursuant to division (B) of that	16567
section, any person who is required to report suspected abuse or	16568
neglect of a person with mental retardation or a developmental	16569
disability pursuant to division (C) of section 5123.61 of the	16570
Revised Code, and any person who is permitted to report suspected	16571
abuse or neglect of a person with mental retardation or a	16572
developmental disability pursuant to division (F) of that section	16573
and who makes or causes the report to be made, shall direct that	16574
report to the state highway patrol if the child or the person with	16575
mental retardation or a developmental disability is an inmate in	16576
the custody of a state correctional institution. If the state	16577
highway patrol determines after receipt of the report that it is	16578
probable that an act or omission that indicates that a child is a	16579
child in need of protective services or that abuse or neglect of	16580
the inmate occurred, the patrol shall report its findings to the	16581
department of rehabilitation and correction, to the court that	16582
sentenced the inmate for the offense for which the inmate is in	16583
the custody of the department, and to the chairperson and	16584
vice-chairperson of the correctional institution inspection	16585
committee established by section 103.71 of the Revised Code.	16586

Sec. 5122.39. (A) Mentally ill minors shall remain under the	16587
natural guardianship of their parents, notwithstanding	16588
hospitalization pursuant to this chapter, unless parental rights	16589
have been terminated pursuant to a court finding that the minor is	16590
~~neglected or dependent~~a child in need of protective services due	16591
to lacking necessary health care as determined in accordance with	16592
section 2151.035 of the Revised Code, lacking legally required	16593
education as determined in accordance with section 2151.036 of the	16594
Revised Code, or lacking necessary care or supervision as	16595
determined in accordance with section 2151.037 of the Revised	16596
Code. Where a mentally ill minor is found to be ~~dependent or~~	16597
~~neglected~~such a child in need of protective services, the public	16598
children's services agency in the county of residence has final	16599
guardianship authority and responsibility.	16600

(B) In no case shall the guardianship of a mentally ill	16601
person be assigned to the chief medical officer or any staff	16602
member of a hospital, board, or agency from which the person is	16603
receiving mental health services.	16604

Sec. 5123.93. Minors with mental retardation shall remain	16605
under the guardianship of their parents or of a guardian appointed	16606
pursuant to Chapter 2111. of the Revised Code, notwithstanding	16607
institutionalization pursuant to any section of this chapter,	16608
unless parental rights have been terminated pursuant to a court	16609
finding that the child is ~~neglected, abused, or dependent~~a child	16610
in need of protective services pursuant to Chapter 2151. of the	16611
Revised Code. If a minor with mental retardation has been found to	16612
be ~~dependent, abused, or neglected~~a child in need of protective	16613
services, the public children services agency to whom permanent	16614
custody has been assigned pursuant to Chapter 2151. of the Revised	16615
Code shall have the same authority and responsibility it would	16616
have if the child were not mentally retarded and were not	16617
institutionalized. In no case shall the guardianship of a person	16618
with mental retardation be assigned to the managing officer or any	16619
other employee of an institution in which the person is	16620
institutionalized, or be assigned, unless there is a relationship	16621
by blood or marriage or unless the service is a protective service	16622
as defined in section 5123.55 of the Revised Code, to a person or	16623
agency who provides services to the person with mental	16624
retardation.	16625

Sec. 5139.05. (A) The juvenile court may commit any child to	16626
the department of youth services as authorized in Chapter 2152. of	16627
the Revised Code, provided that any child so committed shall be at	16628
least ten years of age at the time of the child's delinquent act,	16629
and, if the child is ten or eleven years of age, the delinquent	16630
act is a violation of section 2909.03 of the Revised Code or would	16631
be aggravated murder, murder, or a first or second degree felony	16632
offense of violence if committed by an adult. Any order to commit	16633
a child to an institution under the control and management of the	16634
department shall have the effect of ordering that the child be	16635
committed to the department and assigned to an institution as	16636
follows:	16637

(1) For an indefinite term consisting of the prescribed	16638
minimum period specified by the court under division (A)(1) of	16639
section 2152.16 of the Revised Code and a maximum period not to	16640
exceed the child's attainment of twenty-one years of age, if the	16641
child was committed pursuant to section 2152.16 of the Revised	16642
Code;	16643

(2) Until the child's attainment of twenty-one years of age,	16644
if the child was committed for aggravated murder or murder	16645
pursuant to section 2152.16 of the Revised Code;	16646

(3) For a period of commitment that shall be in addition to,	16647
and shall be served consecutively with and prior to, a period of	16648
commitment described in division (A)(1) or (2) of this section, if	16649
the child was committed pursuant to section 2152.17 of the	16650
Revised Code;	16651

(4) If the child is ten or eleven years of age, to an	16652
institution, a residential care facility, a residential facility,	16653
or a facility licensed by the department of job and family	16654
services that the department of youth services considers best	16655
designated for the training and rehabilitation of the child and	16656
protection of the public. The child shall be housed separately	16657
from children who are twelve years of age or older until the child	16658
is released or discharged or until the child attains twelve years	16659
of age, whichever occurs first. Upon the child's attainment of	16660
twelve years of age, if the child has not been released or	16661
discharged, the department is not required to house the child	16662
separately.	16663

(B)(1) Except as otherwise provided in section 5139.54 of the	16664
Revised Code, the release authority of the department of youth	16665
services, in accordance with section 5139.51 of the Revised Code	16666
and at any time after the end of the minimum period specified	16667
under division (A)(1) of section 2152.16 of the Revised Code, may	16668
grant the release from custody of any child committed to the	16669
department.	16670

The order committing a child to the department of youth	16671
services shall state that the child has been adjudicated a	16672
delinquent child and state the minimum period. The jurisdiction of	16673
the court terminates at the end of the minimum period except as	16674
follows:	16675

(a) In relation to judicial release procedures, supervision,	16676
and violations;	16677

(b) With respect to functions of the court related to the	16678
revocation of supervised release that are specified in sections	16679
5139.51 and 5139.52 of the Revised Code;	16680

(c) In relation to its duties relating to serious youthful	16681
offender dispositional sentences under sections 2152.13 and	16682
2152.14 of the Revised Code.	16683

(2) When a child has been committed to the department under	16684
section 2152.16 of the Revised Code, the department shall retain	16685
legal custody of the child until one of the following:	16686

(a) The department discharges the child to the exclusive	16687
management, control, and custody of the child's parent or the	16688
guardian of the child's person or, if the child is eighteen years	16689
of age or older, discharges the child.	16690

(b) The committing court, upon its own motion, upon petition	16691
of the parent, guardian of the person, or next friend of a child,	16692
or upon petition of the department, terminates the department's	16693
legal custody of the child.	16694

(c) The committing court grants the child a judicial release	16695
to court supervision under section 2152.22 of the Revised Code.	16696

(d) The department's legal custody of the child is terminated	16697
automatically by the child attaining twenty-one years of age.	16698

(e) If the child is subject to a serious youthful offender	16699
dispositional sentence, the adult portion of that dispositional	16700
sentence is imposed under section 2152.14 of the Revised Code.	16701

(C) When a child is committed to the department of youth	16702
services, the department may assign the child to a hospital for	16703
mental, physical, and other examination, inquiry, or treatment for	16704
the period of time that is necessary. The department may remove	16705
any child in its custody to a hospital for observation, and a	16706
complete report of every observation at the hospital shall be made	16707
in writing and shall include a record of observation, treatment,	16708
and medical history and a recommendation for future treatment,	16709
custody, and maintenance. The department shall thereupon order the	16710
placement and treatment that it determines to be most conducive to	16711
the purposes of Chapters 2151. and 5139. of the Revised Code. The	16712
committing court and all public authorities shall make available	16713
to the department all pertinent data in their possession with	16714
respect to the case.	16715

(D) Records maintained by the department of youth services	16716
pertaining to the children in its custody shall be accessible only	16717
to department employees, except by consent of the department, upon	16718
the order of the judge of a court of record, or as provided in	16719
divisions (D)(1) and (2) of this section. These records shall not	16720
be considered "public records," as defined in section 149.43 of	16721
the Revised Code.	16722

(1) Except as otherwise provided by a law of this state or	16723
the United States, the department of youth services may release	16724
records that are maintained by the department of youth services	16725
and that pertain to children in its custody to the department of	16726
rehabilitation and correction regarding persons who are under the	16727
jurisdiction of the department of rehabilitation and correction	16728
and who have previously been committed to the department of youth	16729
services. The department of rehabilitation and correction may use	16730
those records for the limited purpose of carrying out the duties	16731
of the department of rehabilitation and correction. Records	16732
released by the department of youth services to the department of	16733
rehabilitation and correction shall remain confidential and shall	16734
not be considered public records as defined in section 149.43 of	16735
the Revised Code.	16736

(2) The department of youth services shall provide to the	16737
superintendent of the school district in which a child discharged	16738
or released from the custody of the department is entitled to	16739
attend school under section 3313.64 or 3313.65 of the Revised Code	16740
the records described in divisions (D)(4)(a) to (d) of section	16741
2152.18 of the Revised Code. Subject to the provisions of section	16742
3319.321 of the Revised Code and the Family Educational Rights and	16743
Privacy Act, 20 U.S.C. 1232g, as amended, the records released to	16744
the superintendent shall remain confidential and shall not be	16745
considered public records as defined in section 149.43 of the	16746
Revised Code.	16747

(E)(1) When a child is committed to the department of youth	16748
services, the department, orally or in writing, shall notify the	16749
parent, guardian, or custodian of a child that the parent,	16750
guardian, or custodian may request at any time from the	16751
superintendent of the institution in which the child is located	16752
any of the information described in divisions (E)(1)(a), (b), (c),	16753
and (d) of this section. The parent, guardian, or custodian may	16754
provide the department with the name, address, and telephone	16755
number of the parent, guardian, or custodian, and, until the	16756
department is notified of a change of name, address, or telephone	16757
number, the department shall use the name, address, and telephone	16758
number provided by the parent, guardian, or custodian to provide	16759
notices or answer inquiries concerning the following information:	16760

(a) When the department of youth services makes a permanent	16761
assignment of the child to a facility, the department, orally or	16762
in writing and on or before the third business day after the day	16763
the permanent assignment is made, shall notify the parent,	16764
guardian, or custodian of the child of the name of the facility to	16765
which the child has been permanently assigned.	16766

If a parent, guardian, or custodian of a child who is	16767
committed to the department of youth services requests, orally or	16768
in writing, the department to provide the parent, guardian, or	16769
custodian with the name of the facility in which the child is	16770
currently located, the department, orally or in writing and on or	16771
before the next business day after the day on which the request is	16772
made, shall provide the name of that facility to the parent,	16773
guardian, or custodian.	16774

(b) If a parent, guardian, or custodian of a child who is	16775
committed to the department of youth services, orally or in	16776
writing, asks the superintendent of the institution in which the	16777
child is located whether the child is being disciplined by the	16778
personnel of the institution, what disciplinary measure the	16779
personnel of the institution are using for the child, or why the	16780
child is being disciplined, the superintendent or the	16781
superintendent's designee, on or before the next business day	16782
after the day on which the request is made, shall provide the	16783
parent, guardian, or custodian with written or oral responses to	16784
the questions.	16785

(c) If a parent, guardian, or custodian of a child who is	16786
committed to the department of youth services, orally or in	16787
writing, asks the superintendent of the institution in which the	16788
child is held whether the child is receiving any medication from	16789
personnel of the institution, what type of medication the child is	16790
receiving, or what condition of the child the medication is	16791
intended to treat, the superintendent or the superintendent's	16792
designee, on or before the next business day after the day on	16793
which the request is made, shall provide the parent, guardian, or	16794
custodian with oral or written responses to the questions.	16795

(d) When a major incident occurs with respect to a child who	16796
is committed to the department of youth services, the department,	16797
as soon as reasonably possible after the major incident occurs,	16798
shall notify the parent, guardian, or custodian of the child that	16799
a major incident has occurred with respect to the child and of all	16800
the details of that incident that the department has ascertained.	16801

(2) The failure of the department of youth services to	16802
provide any notification required by or answer any requests made	16803
pursuant to division (E) of this section does not create a cause	16804
of action against the state.	16805

(F) The department of youth services, as a means of	16806
punishment while the child is in its custody, shall not prohibit a	16807
child who is committed to the department from seeing that child's	16808
parent, guardian, or custodian during standard visitation periods	16809
allowed by the department of youth services unless the	16810
superintendent of the institution in which the child is held	16811
determines that permitting that child to visit with the child's	16812
parent, guardian, or custodian would create a safety risk to that	16813
child, that child's parents, guardian, or custodian, the personnel	16814
of the institution, or other children held in that institution.	16815

(G) As used in this section:

16816

(1) "Permanent assignment" means the assignment or transfer	16817
for an extended period of time of a child who is committed to the	16818
department of youth services to a facility in which the child will	16819
receive training or participate in activities that are directed	16820
toward the child's successful rehabilitation. "Permanent	16821
assignment" does not include the transfer of a child to a facility	16822
for judicial release hearings pursuant to section 2152.22 of the	16823
Revised Code or for any other temporary assignment or transfer to	16824
a facility.	16825

(2) "Major incident" means the escape or attempted escape of	16826
a child who has been committed to the department of youth services	16827
from the facility to which the child is assigned; the return to	16828
the custody of the department of a child who has escaped or	16829
otherwise fled the custody and control of the department without	16830
authorization; the allegation of any sexual activity with a child	16831
committed to the department; physical injury to a child committed	16832
to the department as a result of alleged abuse by department	16833
staff; an accident resulting in injury to a child committed to the	16834
department that requires medical care or treatment outside the	16835
institution in which the child is located; the discovery of a	16836
controlled substance upon the person or in the property of a child	16837
committed to the department; a suicide attempt by a child	16838
committed to the department; a suicide attempt by a child	16839
committed to the department that results in injury to the child	16840
requiring emergency medical services outside the institution in	16841
which the child is located; the death of a child committed to the	16842
department; an injury to a visitor at an institution under the	16843
control of the department that is caused by a child committed to	16844
the department; and the commission or suspected commission of an	16845
act by a child committed to the department that would be an	16846
offense if committed by an adult.	16847

(3) "Sexual activity" has the same meaning as in section	16848
2907.01 of the Revised Code.	16849

(4) "Controlled substance" has the same meaning as in section	16850
3719.01 of the Revised Code.	16851

(5) "Residential care facility" and "residential facility"	16852
have the same meanings as in section ~~2151.011~~2151.03 of the	16853
Revised Code.	16854

Sec. 5153.122. Each PCSA caseworker hired after January 1,	16855
2007, shall complete at least one hundred two hours of in-service	16856
training during the first year of the caseworker's continuous	16857
employment as a PCSA caseworker, except that the executive	16858
director of the public children services agency may waive the	16859
training requirement for a school of social work graduate who	16860
participated in the university partnership program described in	16861
division (E) of section 5101.141 of the Revised Code. The	16862
training shall consist of courses in all of the following:	16863

(A) Recognizing,and accepting reports that a child is in	16864
need of,protective services and preventing circumstances that	16865
could result in a child ~~abuse, neglect, and dependency~~being in	16866
need of protective services;	16867

(B) Assessing child safety;

16868

16869

(D) Interviewing persons;

16870

(E) Investigating cases;

16871

(F) Intervening;

16872

(G) Providing services to children and their families;

16873

(H) The importance of and need for accurate data;

16874

(I) Preparation for court;

16875

(J) Maintenance of case record information;

16876

(K) The legal duties of PCSA caseworkers to protect the	16877
constitutional and statutory rights of children and families from	16878
the initial time of contact during investigation through	16879
treatment, including instruction regarding parents' rights and	16880
the limitations that the Fourth Amendment to the United States	16881
Constitution places upon caseworkers and their investigations;	16882

(L) Content on other topics relevant to ~~child abuse, neglect,~~	16883
~~and dependency~~children in need of protective services, including	16884
permanency strategies, concurrent planning, and adoption as an	16885
option for unintended pregnancies.	16886

After a PCSA caseworker's first year of continuous employment	16887
as a PCSA caseworker, the caseworker annually shall complete	16888
thirty-six hours of training in areas relevant to the caseworker's	16889
assigned duties.	16890

During the first two years of continuous employment as a PCSA	16891
caseworker, each PCSA caseworker shall complete at least twelve	16892
hours of training in recognizing the signs of domestic violence	16893
and its relationship to a child ~~abuse~~being in need of protective	16894
services as established in rules the director of job and family	16895
services shall adopt pursuant to Chapter 119. of the Revised	16896
Code. The twelve hours may be in addition to the training	16897
required during the caseworker's first year of employment or	16898
part of the training required during the second year of	16899
employment.	16900

Sec. 5153.123. Each PCSA caseworker supervisor shall	16901
complete at least sixty hours of in-service training during the	16902
first year of the supervisor's continuous employment as a PCSA	16903
caseworker supervisor. The training shall include courses in	16904
screening reports ofthat a child ~~abuse, neglect, or dependency~~is	16905
in need of protective services. After a PCSA caseworker	16906
supervisor's first year of continuous employment as a PCSA	16907
caseworker supervisor, the supervisor annually shall complete	16908
thirty hours of training in areas relevant to the supervisor's	16909
assigned duties. During the first two years of continuous	16910
employment as a PCSA caseworker supervisor, each PCSA caseworker	16911
supervisor shall complete at least twelve hours of training in	16912
recognizing the signs of domestic violence and its relationship	16913
to a child ~~abuse~~being in need of protective services as	16914
established in rules the director of job and family services	16915
shall adopt pursuant to Chapter 119. of the Revised Code. The	16916
twelve hours may be in addition to the training required during	16917
the supervisor's first year of employment or part of the training	16918
required during the second year of employment.	16919

Sec. 5153.16. (A) Except as provided in section 2151.422 of	16920
the Revised Code, in accordance with rules adopted under section	16921
5153.166 of the Revised Code, and on behalf of children in the	16922
county whom the public children services agency considers to be in	16923
need of public care or protective services, the public children	16924
services agency shall do all of the following:	16925

(1) Make an investigation concerning any child alleged to be	16926
~~an abused, neglected, or dependent~~a child in need of protective	16927
services;	16928

(2) Enter into agreements with the parent, guardian, or other	16929
person having legal custody of any child, or with the department	16930
of job and family services, department of mental health,	16931
department of developmental disabilities, other department, any	16932
certified organization within or outside the county, or any	16933
agency or institution outside the state, having legal custody of	16934
any child, with respect to the custody, care, or placement of any	16935
child, or with respect to any matter, in the interests of the	16936
child, provided the permanent custody of a child shall not be	16937
transferred by a parent to the public children services agency	16938
without the consent of the juvenile court;	16939

(3) Accept custody of children committed to the public	16940
children services agency by a court exercising juvenile	16941
jurisdiction;	16942

(4) Provide such care as the public children services agency	16943
considers to be in the best interests of any child adjudicated to	16944
be ~~an abused, neglected, or dependent~~a child ~~the agency finds to~~	16945
be in need of ~~public care or service~~protective services;	16946

(5) Provide social services to any unmarried girl	16947
adjudicated to be ~~an abused, neglected, or dependent~~a child in	16948
need of protective services who is pregnant with or has been	16949
delivered of a child;	16950

(6) Make available to the bureau for children with medical	16951
handicaps of the department of health at its request any	16952
information concerning a crippled child found to be in need of	16953
treatment under sections 3701.021 to 3701.028 of the Revised Code	16954
who is receiving services from the public children services	16955
agency;	16956

(7) Provide temporary emergency care for any child considered	16957
by the public children services agency to be in need of such care,	16958
without agreement or commitment;	16959

(8) Find certified foster homes, within or outside the	16960
county, for the care of children, including handicapped children	16961
from other counties attending special schools in the county;	16962

(9) Subject to the approval of the board of county	16963
commissioners and the state department of job and family services,	16964
establish and operate a training school or enter into an agreement	16965
with any municipal corporation or other political subdivision of	16966
the county respecting the operation, acquisition, or maintenance	16967
of any children's home, training school, or other institution for	16968
the care of children maintained by such municipal corporation or	16969
political subdivision;	16970

(10) Acquire and operate a county children's home, establish,	16971
maintain, and operate a receiving home for the temporary care of	16972
children, or procure certified foster homes for this purpose;	16973

(11) Enter into an agreement with the trustees of any	16974
district children's home, respecting the operation of the district	16975
children's home in cooperation with the other county boards in the	16976
district;	16977

(12) Cooperate with, make its services available to, and act	16978
as the agent of persons, courts, the department of job and family	16979
services, the department of health, and other organizations within	16980
and outside the state, in matters relating to the welfare of	16981
children, except that the public children services agency shall	16982
not be required to provide supervision of or other services	16983
related to the exercise of parenting time rights granted pursuant	16984
to section 3109.051 or 3109.12 of the Revised Code or	16985
companionship or visitation rights granted pursuant to section	16986
3109.051, 3109.11, or 3109.12 of the Revised Code unless a	16987
juvenile court, pursuant to Chapter 2151. of the Revised Code, or	16988
a common pleas court, pursuant to division (E)(6) of section	16989
3113.31 of the Revised Code, requires the provision of supervision	16990
or other services related to the exercise of the parenting time	16991
rights or companionship or visitation rights;	16992

(13) Make investigations at the request of any superintendent	16993
of schools in the county or the principal of any school concerning	16994
the application of any child adjudicated to be ~~an abused,~~	16995
~~neglected, or dependent~~a child in need of protective services for	16996
release from school, where such service is not provided through a	16997
school attendance department;	16998

(14) Administer funds provided under Title IV-E of the	16999
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as	17000
amended, in accordance with rules adopted under section 5101.141	17001
of the Revised Code;	17002

(15) In addition to administering Title IV-E adoption	17003
assistance funds, enter into agreements to make adoption	17004
assistance payments under section 5153.163 of the Revised Code;	17005

(16) Implement a system of safety and risk assessment, in	17006
accordance with rules adopted by the director of job and family	17007
services, to assist the public children services agency in	17008
determining the risk of ~~abuse or neglect to~~ a child becoming a	17009
child in need of protective services;	17010

(17) Enter into a plan of cooperation with the board of	17011
county commissioners under section 307.983 of the Revised Code and	17012
comply with each fiscal agreement the board enters into under	17013
section 307.98 of the Revised Code that include family services	17014
duties of public children services agencies and contracts the	17015
board enters into under sections 307.981 and 307.982 of the	17016
Revised Code that affect the public children services agency;	17017

(18) Make reasonable efforts to prevent the removal of an	17018
alleged or adjudicated ~~abused, neglected, or dependent~~ child in	17019
need of protective services from the child's home, eliminate the	17020
continued removal of the child from the child's home, or make it	17021
possible for the child to return home safely, except that	17022
reasonable efforts of that nature are not required when a court	17023
has made a determination under division (A)(2) of section 2151.419	17024
of the Revised Code;	17025

(19) Make reasonable efforts to place the child in a timely	17026
manner in accordance with the permanency plan approved under	17027
division (E) of section 2151.417 of the Revised Code and to	17028
complete whatever steps are necessary to finalize the permanent	17029
placement of the child;	17030

(20) Administer a Title IV-A program identified under	17031
division (A)(4)(c) or (f) of section 5101.80 of the Revised Code	17032
that the department of job and family services provides for the	17033
public children services agency to administer under the	17034
department's supervision pursuant to section 5101.801 of the	17035
Revised Code;	17036

(21) Administer the kinship permanency incentive program	17037
created under section 5101.802 of the Revised Code under the	17038
supervision of the director of job and family services;	17039

(22) Provide independent living services pursuant to sections	17040
2151.81 to 2151.84 of the Revised Code.	17041

(B) The public children services agency shall use the system	17042
implemented pursuant to division (A)(16) of this section in	17043
connection with an investigation undertaken pursuant to division	17044
(F)(1) of section 2151.421 of the Revised Code to assess both of	17045
the following:	17046

(1) The ongoing safety of the child;

17047

(2) The appropriateness of the intensity and duration of the	17048
services provided to meet child and family needs throughout the	17049
duration of a case.	17050

(C) Except as provided in section 2151.422 of the Revised	17051
Code, in accordance with rules of the director of job and family	17052
services, and on behalf of children in the county whom the public	17053
children services agency considers to be in need of public care or	17054
protective services, the public children services agency may do	17055
the following:	17056

(1) Provide or find, with other child serving systems,	17057
specialized foster care for the care of children in a specialized	17058
foster home, as defined in section 5103.02 of the Revised Code,	17059
certified under section 5103.03 of the Revised Code;	17060

(2)(a) Except as limited by divisions (C)(2)(b) and (c) of	17061
this section, contract with the following for the purpose of	17062
assisting the agency with its duties:	17063

(i) County departments of job and family services;

17064

(ii) Boards of alcohol, drug addiction, and mental health	17065
services;	17066

(iii) County boards of developmental disabilities;

17067

(iv) Regional councils of political subdivisions established	17068
under Chapter 167. of the Revised Code;	17069

(v) Private and government providers of services;

17070

(vi) Managed care organizations and prepaid health plans.

17071

(b) A public children services agency contract under division	17072
(C)(2)(a) of this section regarding the agency's duties under	17073
section 2151.421 of the Revised Code may not provide for the	17074
entity under contract with the agency to perform any service not	17075
authorized by the department's rules.	17076

(c) Only a county children services board appointed under	17077
section 5153.03 of the Revised Code that is a public children	17078
services agency may contract under division (C)(2)(a) of this	17079
section. If an entity specified in division (B) or (C) of section	17080
5153.02 of the Revised Code is the public children services agency	17081
for a county, the board of county commissioners may enter into	17082
contracts pursuant to section 307.982 of the Revised Code	17083
regarding the agency's duties.	17084

Sec. 5153.171. (A) On receipt by a public children services	17085
agency of a request for the release of information about a child	17086
under eighteen years of age who was a resident of the county	17087
served by the agency at the time of death and whose death may have	17088
been caused by abuse, neglect, an act or omission that would have	17089
resulted in the child being a child in need of protective	17090
services, or other criminal conduct, the director of the agency	17091
immediately shall confer with the prosecuting attorney of that	17092
county. After the executive director confers with the prosecuting	17093
attorney, the following apply:	17094

(1) If the prosecuting attorney intends to prosecute a person	17095
for causing the child's death, the prosecuting attorney shall	17096
determine the information described in division (A) of section	17097
5153.172 of the Revised Code that may be released, if any, and	17098
notify the director of the intent to prosecute and the	17099
determination of what information may be released. Except as	17100
provided in section 5153.173 of the Revised Code, on receipt of	17101
the notice, the director shall release the information the	17102
prosecutor determines may be released and no other information.	17103

(2) If the prosecuting attorney does not intend to prosecute	17104
a person for causing the death of the child, the prosecuting	17105
attorney shall notify the director that no prosecution is	17106
intended. Except as provided in section 5153.173 of the Revised	17107
Code, on receipt of the notice, the director shall release the	17108
information described in division (A) of section 5153.172 of the	17109
Revised Code.	17110

(B) A public children services agency director who releases	17111
information in accordance with this section in good faith shall	17112
not be subject to civil or criminal liability for injury, death,	17113
or loss to person or property incurred or imposed as a result of	17114
provision of the information.	17115

Sec. 5153.172. (A) Notwithstanding sections 2151.421,	17116
3701.243, 5153.17, and any other section of the Revised Code	17117
pertaining to confidentiality and unless precluded by section	17118
5153.173 of the Revised Code, the director shall disclose the	17119
following information concerning a deceased child in accordance	17120
with section 5153.171 of the Revised Code:	17121

(1) The child's name;

17122

(2) A summary report of the chronology of reports of abuse	17123
or, neglect ~~reports~~, or acts or omissions that indicate that a	17124
child is in need of protective services made pursuant to section	17125
2151.421 of the Revised Code of which the child is the subject and	17126
the final disposition of the investigations of the reports or, if	17127
investigations have not been completed, the status of any	17128
investigations;	17129

(3) Services provided to or purchased for the child or to	17130
which the child was referred by a public children services agency;	17131

(4) Actions taken by a public children services agency in	17132
response to any report of abuse or, neglect, or acts or omissions	17133
that indicate that a child is in need of protective services of	17134
which the child was the subject.	17135

(B) No person may release, pursuant to a request made under	17136
this section concerning a deceased child, the name of any person	17137
or entity that made a report or participated in making a report of	17138
child abuse or neglect or acts or omissions that indicate that a	17139
child is in need of protective services of which the child was the	17140
subject; the names of the parents or siblings of the child; the	17141
contents of any psychological, psychiatric, therapeutic, clinical,	17142
or medical reports or evaluations regarding the child; witness	17143
statements; police or other investigative reports; or any other	17144
information other than the information that may be released in	17145
accordance with this section.	17146

Sec. 5153.175. (A) Notwithstanding division (H)(1) of section	17147
2151.421, section 5153.17, and any other section of the Revised	17148
Code pertaining to confidentiality, when a public children	17149
services agency has determined that ~~child abuse or neglect~~an act	17150
or omission that indicates that a child is a child in need of	17151
protective services occurred and that ~~abuse~~act or ~~neglect~~	17152
omission involves a person who has applied for licensure or	17153
renewal of licensure as a type A family day-care home or	17154
certification or renewal of certification as a type B family	17155
day-care home, the agency shall promptly provide to the department	17156
of job and family services or to a county department of job and	17157
family services any information the agency determines to be	17158
relevant for the purpose of evaluating the fitness of the person,	17159
including, but not limited to, both of the following:	17160

(1) A summary report of the chronology of ~~abuse and neglect~~	17161
child in need of protective services reports made pursuant to	17162
section 2151.421 of the Revised Code of which the person is the	17163
subject where the agency determined that ~~abuse or neglect~~an act	17164
or omission that indicates that a child is a child in need of	17165
protective services occurred and the final disposition of the	17166
investigation of the reports or, if the investigations have not	17167
been completed, the status of the investigations;	17168

(2) Any underlying documentation concerning those reports.

17169

(B) The agency shall not include in the information provided	17170
to the department or county department under division (A) of this	17171
section the name of the person or entity that made the report or	17172
participated in the making of the report ~~of child abuse or neglect~~	17173
made pursuant to section 2151.421 of the Revised Code.	17174

(C) Upon provision of information under division (A) of this	17175
section, the agency shall notify the department or county	17176
department of both of the following:	17177

(1) That the information is confidential;

17178

(2) That unauthorized dissemination of the information is a	17179
violation of division (H)(2) of section 2151.421 of the Revised	17180
Code and any person who permits or encourages unauthorized	17181
dissemination of the information is guilty of a misdemeanor of the	17182
fourth degree pursuant to section 2151.99 of the Revised Code.	17183

Sec. 5153.52. The board of county commissioners of any	17184
county which has no county children's home may aid an incorporated	17185
children's home or other unincorporated society, whose object is	17186
the care, aid, and education of ~~neglected or~~ destitute children or	17187
children in need of protective services as a result of lacking	17188
necessary health care as determined in accordance with section	17189
2151.035 of the Revised Code, lacking legally required education	17190
as determined in accordance with section 2151.036 of the Revised	17191
Code, or lacking necessary care or supervision as determined in	17192
accordance with section 2151.037 of the Revised Code, by	17193
contributing toward the purchase of land for such home or society,	17194
the erection of buildings by it, or of additions to existing	17195
buildings, or other improvements, to an amount not to exceed	17196
twenty-five hundred dollars in any one year.	17197

The board of any such county may submit to the people of such	17198
county, under section 133.18 of the Revised Code, the question of	17199
whether bonds of such county shall be issued for the purposes of	17200
this section. If the people of such county approve the issue of	17201
bonds, the board may issue the bonds under Chapter 133. of the	17202
Revised Code, as if they were being issued for the construction of	17203
a county children's home owned by the county, and may use the	17204
proceeds of such bond issue for the purposes of and without the	17205
restriction as to amount imposed by this section.	17206

The board may contribute an amount not to exceed five hundred	17207
dollars in any one year for the purpose of keeping such property	17208
in repair. If such children's home ceases to exist, so that the	17209
property so purchased ceases to be used for the purpose of a	17210
children's home by the corporation, such county shall have a lien	17211
upon the property for the amount of money contributed for its	17212
purchase, and if such corporation fails to maintain, manage, and	17213
control such home so as to subserve the purpose of a children's	17214
home for which it was incorporated, the board may enforce such	17215
lien or, if it prefers may, upon approval of the department of job	17216
and family services, first being obtained, organize such home into	17217
a county children's home. The title to such property, where the	17218
county has contributed the whole amount of the purchase money,	17219
shall vest in and be the property of such county.	17220

Section 2. That existing sections 109.65, 109.73, 109.741,	17221
109.77, 109.79, 109.93, 121.37, 121.38, 307.021, 307.86, 340.15,	17222
2101.17, 2151.011, 2151.03, 2151.10, 2151.141, 2151.18, 2151.23,	17223
2151.24, 2151.27, 2151.28, 2151.281, 2151.282, 2151.31, 2151.312,	17224
2151.314, 2151.33, 2151.331, 2151.35, 2151.353, 2151.359,	17225
2151.3514, 2151.3517, 2151.3520, 2151.3521, 2151.3522, 2151.3523,	17226
2151.3524, 2151.3527, 2151.36, 2151.40, 2151.412, 2151.414,	17227
2151.421, 2151.423, 2151.425, 2151.426, 2151.427, 2151.428,	17228
2151.44, 2151.54, 2151.56, 2151.65, 2151.86, 2151.99, 2152.02,	17229
2152.19, 2152.71, 2301.03, 2317.01, 2317.02, 2501.02, 2710.05,	17230
2901.13, 2919.21, 2919.22, 2919.23, 2921.14, 2921.32, 2927.02,	17231
2930.01, 2945.42, 3101.01, 3107.013, 3107.034, 3107.12, 3107.161,	17232
3109.04, 3109.051, 3109.052, 3109.11, 3109.12, 3109.13, 3109.15,	17233
3109.16, 3109.17, 3109.171, 3109.172, 3109.18, 3109.46, 3109.51,	17234
3109.53, 3109.58, 3109.66, 3109.68, 3109.74, 3109.77, 3113.31,	17235
3127.01, 3127.23, 3127.38, 3301.121, 3301.54, 3301.56, 3313.64,	17236
3313.662, 3321.17, 3321.19, 3321.22, 3701.503, 3730.01, 4501.21,	17237
5101.13, 5101.28, 5101.46, 5103.04, 5103.07, 5103.12, 5103.13,	17238
5103.161, 5103.18, 5104.011, 5104.06, 5104.11, 5107.02, 5107.10,	17239
5111.88, 5120.173, 5122.39, 5123.93, 5139.05, 5153.122, 5153.123,	17240
5153.16, 5153.171, 5153.172, 5153.175, and 5153.52 and sections	17241
2151.031, 2151.04, and 2151.05 of the Revised Code are hereby	17242
repealed.	17243

Section 3. A child may be adjudicated a child in need of	17244
protective services under this act only in relation to acts and	17245
omissions committed on or after the effective date of this act.	17246
The provisions of this act that relate to children in need of	17247
protective services only apply to acts or omissions that indicate	17248
that a child is a child in need of protective services that are	17249
committed on or after the effective date of this act. In relation	17250
to acts and omissions committed prior to the effective date of	17251
this act, the law in effect prior to that date shall apply.	17252

Section 4. Not later than the effective date of this act, the	17253
Ohio Department of Job and Family Services shall begin making any	17254
changes in the Uniform Statewide Automated Child Welfare	17255
Information System established under section 5101.13 of the	17256
Revised Code that may be necessary to accommodate the changes in	17257
terminology made by Section 1 of this act relating to children in	17258
need of protective services. The Department shall complete all the	17259
necessary changes within one year after the effective date of this	17260
act.	17261

Section 5. The General Assembly, applying the principle	17262
stated in division (B) of section 1.52 of the Revised Code that	17263
amendments are to be harmonized if reasonably capable of	17264
simultaneous operation, finds that the following sections,	17265
presented in this act as composites of the sections as amended by	17266
the acts indicated, are the resulting versions of the sections in	17267
effect prior to the effective date of the sections as presented in	17268
this act:	17269

Section 109.77 of the Revised Code is presented in this act	17270
as a composite of the section as amended by both Am. Sub. H.B. 1	17271
and Sub. S.B. 79 of the 128th General Assembly.	17272

Section 121.37 of the Revised Code is presented in this act	17273
as a composite of the section as amended by both Am. Sub. H.B. 1	17274
and Sub. S.B. 79 of the 128th General Assembly.	17275

Section 2151.141 of the Revised Code is presented in this act	17276
as a composite of the section as amended by both Sub. H.B. 412 and	17277
Am. Sub. S.B. 179 of the 123rd General Assembly.	17278

Section 2151.23 of the Revised Code is presented in this act	17279
as a composite of the section as amended by both Am. Sub. H.B. 214	17280
and Am. Sub. S.B. 10 of the 127th General Assembly.	17281

Section 2151.281 of the Revised Code is presented in this act	17282
as a composite of the section as amended by both Am. Sub. S.B. 17	17283
and Am. Sub. S.B. 238 of the 126th General Assembly.	17284

Section 2151.99 of the Revised Code is presented in this act	17285
as a composite of the section as amended by both Am. Sub. S.B. 17	17286
and Sub. S.B. 137 of the 126th General Assembly.	17287

Section 2152.71 of the Revised Code is presented in this act	17288
as a composite of the section as amended by both Sub. H.B. 247 and	17289
Sub. H.B. 393 of the 124th General Assembly.	17290

Section 2901.13 of the Revised Code is presented in this act	17291
as a composite of the section as amended by both Sub. H.B. 46 and	17292
S.B. 219 of the 127th General Assembly.	17293