To amend section 2151.99 and to enact section 2151.55 of the Revised Code to require a public or private entity that places a child in a foster home to inform the foster caregivers about the child's background and to conduct periodic psychiatric examinations of a foster child who has been adjudicated a delinquent child for committing certain violent acts.

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

Sec. 2151.55. (A) THIS SECTION APPLIES ONLY TO A CHILD WHO HAS BEEN ADJUDICATED A DELINQUENT CHILD FOR AN ACT TO WHICH ANY OF THE FOLLOWING APPLIES:

(1) IT IS A VIOLATION OF SECTION 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2907.02, 2907.03, OR 2907.05 of the Revised Code;

(2) IT IS A VIOLATION OF SECTION 2923.01 OF THE REVISED CODE AND INVOLVED AN ATTEMPT TO COMMIT AGGRAVATED MURDER OR MURDER;

(3) IT WOULD BE A FELONY IF COMMITTED BY AN ADULT AND THE COURT DETERMINED THAT THE CHILD, IF AN ADULT, WOULD BE GUILTY OF A SPECIFICATION FOUND IN SECTION 2941.141, 2941.144, OR 2941.145 OF THE REVISED CODE OR IN ANOTHER SECTION OF THE REVISED CODE THAT RELATES TO THE POSSESSION OR USE OF A FIREARM, AS DEFINED IN SECTION 2923.11 OF THE REVISED CODE, DURING THE COMMISSION OF THE ACT FOR WHICH THE CHILD WAS ADJUDICATED A DELINQUENT CHILD.

(B) A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE CHILD PLACING AGENCY, PRIVATE NONCUSTODIAL AGENCY, OR COURT, THE DEPARTMENT OF YOUTH SERVICES, OR ANOTHER PRIVATE OR GOVERNMENT ENTITY SHALL NOT PLACE A CHILD IN A FOSTER HOME UNTIL IT PROVIDES THE FOSTER CAREGIVERS WITH ALL OF THE FOLLOWING:

(1) A WRITTEN REPORT DESCRIBING THE CHILD'S SOCIAL HISTORY;

(2) A WRITTEN REPORT DESCRIBING THE ACTS COMMITTED BY THE CHILD THAT RESULTED IN THE CHILD BEING ADJUDICATED A DELINQUENT CHILD AND THE DISPOSITION MADE BY THE COURT, UNLESS THE RECORDS PERTAINING TO THE ACTS HAVE BEEN SEALED PURSUANT TO SECTION 2151.358 OF THE REVISED CODE;

(3) A WRITTEN REPORT DESCRIBING ANY OTHER VIOLENT ACT COMMITTED BY THE CHILD OF WHICH THE ENTITY IS AWARE;

(4) A RISK ASSESSMENT THAT INCLUDES A STATEMENT DESCRIBING ANY THREAT THE CHILD POSES TO THE FOSTER CAREGIVERS AND THE COMMUNITY IN WHICH THEY LIVE;

(5) THE RESULTS OF ANY PSYCHIATRIC OR PSYCHOLOGICAL EXAMINATION CONDUCTED ON THE CHILD.

(C) THE ENTITY THAT PLACES THE CHILD IN A FOSTER HOME SHALL CONDUCT A PSYCHOLOGICAL EXAMINATION OF THE CHILD AND NO LATER THAN THIRTY DAYS AFTER PLACING THE CHILD PROVIDE THE FOSTER CAREGIVER A WRITTEN REPORT DETAILING THE RESULTS OF THE EXAMINATION. THE EXAMINATION MAY NOT BE CONDUCTED MORE THAN THREE MONTHS PRIOR TO THE CHILD'S PLACEMENT IN THE FOSTER HOME.

(D)(1) EXCEPT AS PROVIDED IN DIVISION (D)(2) OF THIS SECTION, THE EXPENSES OF CONDUCTING THE EXAMINATIONS AND PREPARING THE REPORTS AND ASSESSMENT REQUIRED BY DIVISION (B) OR (C) OF THIS SECTION SHALL BE PAID BY THE ENTITY THAT PLACES THE CHILD IN THE FOSTER HOME.

(2) WHEN A JUVENILE COURT PLACES A CHILD IN THE CUSTODY OF A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE CHILD PLACING AGENCY, OR PRIVATE NONCUSTODIAL AGENCY PURSUANT TO SECTION 2151.312, 2151.34, 2151.353, OR 2151.355 OR ANY OTHER SECTION of the Revised Code, OR PURSUANT TO THE RULES OF JUVENILE PROCEDURE, THE COURT SHALL PROVIDE THE AGENCY WITH WHOM THE CHILD IS PLACED THE REPORTS AND ASSESSMENT DESCRIBED IN DIVISIONS (B)(1), (2), AND (4) OF THIS SECTION AND SHALL PAY THE EXPENSES OF PREPARING THE REPORTS AND ASSESSMENT AND CONDUCTING THE EXAMINATION DESCRIBED IN DIVISION (C) OF THIS SECTION. THE AGENCY MAY REFUSE TO ACCEPT PLACEMENT OF A CHILD IF THE COURT DOES NOT PROVIDE THE REPORTS AND ASSESSMENT.

(E) WHEN THE DEPARTMENT OF YOUTH SERVICES PLACES A CHILD IN A FOSTER HOME PURSUANT TO SECTION 2151.38, 5139.06, 5139.07, 5139.38, OR 5139.39 OR ANY OTHER SECTION of the Revised Code AND THE DEPARTMENT MAKES THE PLACEMENT WITH THE ASSISTANCE OF OR BY CONTRACTING WITH A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE CHILD PLACING AGENCY, OR PRIVATE NONCUSTODIAL AGENCY, THE DEPARTMENT, NOT THE AGENCY PROVIDING THE ASSISTANCE OR CONTRACTING WITH THE DEPARTMENT, IS SUBJECT TO THIS SECTION WITH RESPECT TO THE CHILD.

(F) NO CASEWORKER EMPLOYED BY AN ENTITY SUBJECT TO THIS SECTION AND ASSIGNED BY THAT ENTITY TO OVERSEE A CHILD'S CARE IN A FOSTER HOME SHALL FAIL TO PROVIDE THE FOSTER CAREGIVERS WITH THE INFORMATION REQUIRED BY DIVISIONS (B) AND (C) OF THIS SECTION.

Sec. 2151.99. (A) Whoever violates division (D)(2) or (3) of section 2151.313 or division (A)(1) or (H)(2) of section 2151.421 of the Revised Code is guilty of a misdemeanor of the fourth degree.

(B) Whoever violates division (D)(1) of section 2151.313 of the Revised Code is guilty of a minor misdemeanor.

(C) WHOEVER VIOLATES DIVISION (F) OF SECTION 2151.55 of the Revised Code IS GUILTY OF A MINOR MISDEMEANOR.