The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
CORRECTED VERSION
As Passed by the Senate
122nd General Assembly
Regular Session
1997-1998 | Am. Sub. H. B. No. 173 |
REPRESENTATIVES FORD-LEWIS-OPFER-BRITTON-BEATTY-LUCAS-OGG-
HAGAN-BOYD-JONES-MILLER-WINKLER-PRINGLE-GRENDELL-HARRIS-
CLANCY-MASON-WILLAMOWSKI-CAREY-WHALEN-PRENTISS-PADGETT-FOX-
HOUSEHOLDER-TERWILLEGER-MOTTL-ROMAN-OLMAN-BRADY-VERICH-COLONNA-
PATTON-CORE-HAINES-MYERS-REID-SAWYER-VESPER-JACOBSON-SUTTON-
WESTON-BENDER-LOGAN-TAVARES-KREBS-GARCIA-CATES-YOUNG-SALERNO-
SENATORS SCHAFRATH-KEARNS-CARNES-HOWARD-CUPP-GAETH-
BLESSING-OELSLAGER-HOTTINGER-B. JOHNSON-WATTS-DRAKE-DiDONATO-
FURNEY-HERINGTON-GARDNER-LATTA-HORN-LATELL-WHITE-NEIN-MUMPER-RAY
A BILL
To amend sections 2151.99 and 5101.143 and to enact section 2151.62 of the
Revised Code to require a public or private entity that places a
child who has been adjudicated a delinquent child
for certain acts in a foster
home to inform the foster caregivers about the
child's background and, in certain circumstances, to conduct
a psychological examination of the child
and to revise the law governing
generation of federal funding for foster care
training.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2151.99 and 5101.143 be amended and section 2151.62
of the Revised Code be enacted to read as follows:
Sec. 2151.62. (A) THIS SECTION APPLIES ONLY TO A CHILD WHO IS OR
PREVIOUSLY 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)(1) EXCEPT AS PROVIDED IN DIVISION (E) OF THIS
SECTION,
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:
(a) A WRITTEN REPORT DESCRIBING THE CHILD'S SOCIAL HISTORY;
(b) A WRITTEN REPORT DESCRIBING ALL THE ACTS COMMITTED BY THE
CHILD
THE ENTITY KNOWS OF 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;
(c) A WRITTEN REPORT DESCRIBING ANY OTHER VIOLENT ACT COMMITTED
BY THE
CHILD OF WHICH THE ENTITY IS AWARE;
(d) THE SUBSTANTIAL AND MATERIAL CONCLUSIONS AND RECOMMENDATIONS
OF ANY
PSYCHIATRIC OR PSYCHOLOGICAL EXAMINATION CONDUCTED
ON THE CHILD OR, IF NO PSYCHOLOGICAL OR PSYCHIATRIC EXAMINATION OF THE CHILD
IS AVAILABLE, THE SUBSTANTIAL AND MATERIAL CONCLUSIONS AND RECOMMENDATIONS OF
AN EXAMINATION TO DETECT MENTAL AND EMOTIONAL DISORDERS CONDUCTED IN
COMPLIANCE WITH THE REQUIREMENTS OF CHAPTER 4757. of the Revised Code BY AN
INDEPENDENT SOCIAL WORKER, SOCIAL WORKER, PROFESSIONAL CLINICAL COUNSELOR, OR
PROFESSIONAL COUNSELOR LICENSED UNDER THAT CHAPTER. THE ENTITY SHALL NOT
PROVIDE ANY PART OF A PSYCHOLOGICAL, PSYCHIATRIC, OR MENTAL AND EMOTIONAL
DISORDER EXAMINATION TO THE FOSTER CAREGIVERS OTHER THAN THE SUBSTANTIAL AND
MATERIAL CONCLUSIONS.
(2) NOTWITHSTANDING SECTION 2151.358 OF THE REVISED
CODE, IF RECORDS OF AN ADJUDICATION THAT A CHILD IS A DELINQUENT
CHILD HAVE BEEN SEALED PURSUANT TO THAT SECTION AND AN ENTITY KNOWS THE
RECORDS HAVE BEEN SEALED, THE ENTITY SHALL PROVIDE THE FOSTER CAREGIVERS A
WRITTEN STATEMENT THAT THE RECORDS OF A PRIOR ADJUDICATION HAVE BEEN SEALED.
(C) THE ENTITY THAT PLACES
THE CHILD IN A FOSTER HOME SHALL CONDUCT A PSYCHOLOGICAL EXAMINATION OF THE
CHILD, EXCEPT THAT THE ENTITY IS NOT REQUIRED TO CONDUCT THE EXAMINATION IF
SUCH AN EXAMINATION WAS CONDUCTED NO MORE THAN ONE YEAR PRIOR TO THE CHILD'S
PLACEMENT. NO LATER THAN SIXTY DAYS AFTER PLACING THE CHILD, THE ENTITY SHALL
PROVIDE THE FOSTER
CAREGIVER A WRITTEN REPORT DETAILING THE SUBSTANTIAL AND MATERIAL CONCLUSIONS
AND RECOMMENDATIONS OF THE EXAMINATION CONDUCTED
PURSUANT TO THIS DIVISION.
(D)(1) EXCEPT AS PROVIDED IN DIVISIONS (D)(2) AND (3) 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 GRANTS TEMPORARY OR PERMANENT CUSTODY OF A CHILD
PURSUANT TO ANY SECTION of the Revised Code, INCLUDING SECTION 2151.33, 2151.353, 2151.354,
OR 2151.355 of the Revised Code, TO A PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE
CHILD PLACING AGENCY, THE
COURT SHALL PROVIDE THE AGENCY THE INFORMATION DESCRIBED IN DIVISION
(B) OF THIS
SECTION, PAY THE EXPENSES OF PREPARING THAT INFORMATION, AND, IF A NEW
EXAMINATION IS REQUIRED TO BE CONDUCTED, PAY THE EXPENSES OF
CONDUCTING THE EXAMINATION DESCRIBED IN DIVISION (C) OF THIS SECTION.
ON RECEIPT OF THE INFORMATION DESCRIBED IN DIVISION (B) OF THIS
SECTION, THE AGENCY SHALL PROVIDE TO THE COURT WRITTEN ACKNOWLEDGMENT THAT THE
AGENCY RECEIVED THE INFORMATION. THE COURT SHALL KEEP THE ACKNOWLEDGMENT AND
PROVIDE A COPY TO THE AGENCY. ON THE MOTION OF THE AGENCY, THE COURT MAY
TERMINATE THE ORDER GRANTING
TEMPORARY OR PERMANENT CUSTODY OF THE CHILD TO THAT AGENCY, IF THE COURT DOES
NOT PROVIDE THE INFORMATION DESCRIBED IN DIVISION (B) OF THIS
SECTION.
(3) IF ONE OF THE FOLLOWING ENTITIES IS PLACING A CHILD IN A FOSTER HOME
WITH THE ASSISTANCE OF OR BY CONTRACTING WITH A PUBLIC CHILDREN SERVICES
AGENCY, PRIVATE CHILD PLACING AGENCY, OR A PRIVATE NONCUSTODIAL AGENCY, THE
ENTITY SHALL PROVIDE THE AGENCY WITH THE INFORMATION DESCRIBED IN DIVISION
(B) OF THIS SECTION, PAY THE EXPENSES OF PREPARING THAT INFORMATION,
AND, IF A NEW EXAMINATION IS REQUIRED TO BE CONDUCTED, PAY THE EXPENSES OF
CONDUCTING THE EXAMINATION DESCRIBED IN DIVISION (C) OF THIS
SECTION:
(a) THE DEPARTMENT OF YOUTH SERVICES IF THE PLACEMENT IS PURSUANT
TO ANY SECTION of the Revised Code INCLUDING SECTION 2151.38, 5139.06, 5139.07, 5139.38, OR
5139.39 of the Revised Code;
(b) A JUVENILE COURT WITH TEMPORARY OR PERMANENT CUSTODY OF A
CHILD PURSUANT TO SECTION 2151.354 OR 2151.355 of the Revised Code;
(c) A PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD PLACING
AGENCY WITH TEMPORARY OR PERMANENT CUSTODY OF THE CHILD.
THE AGENCY RECEIVING THE INFORMATION DESCRIBED IN DIVISION (B) OF
THIS SECTION SHALL PROVIDE THE ENTITY
DESCRIBED IN DIVISION (D)(3)(a) TO (c)
OF THIS SECTION THAT SENT THE INFORMATION WRITTEN ACKNOWLEDGMENT THAT THE
AGENCY RECEIVED
THE INFORMATION AND PROVIDED IT TO THE FOSTER CAREGIVERS. THE ENTITY SHALL
KEEP THE ACKNOWLEDGMENT AND PROVIDE A COPY
TO THE AGENCY. AN ENTITY THAT
PLACES A CHILD IN A FOSTER HOME WITH THE ASSISTANCE OF OR BY
CONTRACTING WITH AN AGENCY REMAINS RESPONSIBLE TO PROVIDE THE
INFORMATION DESCRIBED IN DIVISION
(B) OF THIS SECTION TO THE
FOSTER CAREGIVERS UNLESS THE ENTITY RECEIVES WRITTEN
ACKNOWLEDGMENT THAT THE AGENCY PROVIDED THE INFORMATION.
(E) IF A CHILD IS PLACED
IN A FOSTER HOME AS A RESULT OF AN EMERGENCY REMOVAL OF THE
CHILD FROM HOME PURSUANT TO DIVISION
(D) OF SECTION 2151.31 OF THE
REVISED CODE, AN EMERGENCY CHANGE IN
THE CHILD'S CASE PLAN PURSUANT TO DIVISION
(E)(3) OF SECTION 2151.412 OF
THE REVISED CODE, OR AN EMERGENCY PLACEMENT BY THE
DEPARTMENT OF YOUTH SERVICES PURSUANT TO THIS CHAPTER OR CHAPTER
5139. OF THE REVISED CODE, THE ENTITY THAT PLACES THE CHILD
IN THE FOSTER
HOME SHALL PROVIDE THE INFORMATION DESCRIBED IN DIVISION
(B) OF THIS SECTION NO LATER
THAN NINETY-SIX HOURS AFTER THE CHILD IS PLACED IN THE FOSTER
HOME.
(F) ON RECEIPT OF THE INFORMATION DESCRIBED IN DIVISIONS
(B) AND (C) OF THIS SECTION, THE FOSTER CAREGIVER SHALL
PROVIDE TO THE ENTITY THAT PLACES THE CHILD IN THE FOSTER CAREGIVER'S HOME A
WRITTEN ACKNOWLEDGMENT THAT THE FOSTER CAREGIVER RECEIVED THE INFORMATION.
THE
ENTITY SHALL KEEP THE ACKNOWLEDGMENT AND PROVIDE A COPY TO THE FOSTER
CAREGIVER.
(G) NO PERSON EMPLOYED BY AN ENTITY SUBJECT TO THIS SECTION
AND MADE RESPONSIBLE BY THAT ENTITY FOR THE CHILD'S PLACEMENT IN A FOSTER HOME
SHALL
FAIL TO PROVIDE THE FOSTER CAREGIVERS WITH THE INFORMATION
REQUIRED BY DIVISIONS (B) AND
(C) OF THIS SECTION.
(H) IT IS NOT A VIOLATION OF ANY DUTY OF
CONFIDENTIALITY PROVIDED FOR IN THE
REVISED
CODE OR A CODE OF PROFESSIONAL
RESPONSIBILITY FOR A PERSON OR GOVERNMENT ENTITY TO PROVIDE THE
SUBSTANTIAL AND MATERIAL CONCLUSIONS AND RECOMMENDATIONS OF A
PSYCHIATRIC OR PSYCHOLOGICAL EXAMINATION, OR AN EXAMINATION TO
DETECT MENTAL AND EMOTIONAL DISORDERS, IN ACCORDANCE WITH
DIVISION (B)(1)(d) OR
(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 (G) OF SECTION 2151.62
of the Revised Code IS GUILTY OF A MINOR MISDEMEANOR.
Sec. 5101.143. (A) As used in this section:
(1) "Government entity" means any government entity other
than a public children services agency.
(2) "Private, "PRIVATE agency" means a private
child
placing agency
or private noncustodial agency.
(B) Effective December 1, 1997, and subject A GOVERNMENT ENTITY OR
PRIVATE AGENCY MAY SUBMIT TO
THE
DEPARTMENT OF HUMAN SERVICES A REQUEST THAT THE DEPARTMENT
DETERMINE WHAT PORTION OF AN AMOUNT THE GOVERNMENT ENTITY OR
PRIVATE AGENCY CHARGES FOR FOSTER CARE MAINTENANCE FOR A CHILD
ELIGIBLE FOR FOSTER CARE MAINTENANCE PAYMENTS UNDER
TITLE
IV-E
OF THE "SOCIAL
SECURITY
ACT," 94
STAT. 510, 42
U.S.C.A.
670 (1980), AS AMENDED, QUALIFIES FOR REIMBURSEMENT UNDER
TITLE
IV-E.
(C) AS USED IN THIS
DIVISION AND DIVISION (D) OF
THIS SECTION, "GOVERNMENT ENTITY" MEANS ANY GOVERNMENT ENTITY
OTHER THAN A PUBLIC CHILDREN SERVICES AGENCY.
SUBJECT to initial and continued approval by the
United
States department of health and
human services, a THE DEPARTMENT OF HUMAN SERVICES SHALL LEVY A
SPECIAL ASSESSMENT ON EACH private agency or government entity seeking
foster care maintenance payments under
Title
IV-E
of the "Social
Security
Act," 94
Stat. 501, 42
U.S.C.A.
670 (1980), as amended,
shall pay the department of human
services an annual fee A RATE DETERMINATION UNDER DIVISION (B)
OF THIS SECTION. The amount of the fee SPECIAL ASSESSMENT
shall
be the greater of three hundred dollars or fifteen cents times
the number of days the private agency or government entity
provided or arranged foster care in the preceding calendar year
to or for each child the agency or entity provided or arranged
foster care. The department shall not distribute foster care
maintenance payments to PERFORM A RATE DETERMINATION UNDER DIVISION
(B) OF THIS SECTION FOR a private agency or government entity
that fails to pay the fee SPECIAL ASSESSMENT.
The department shall deposit all fees AMOUNTS collected under
this
section DIVISION into the child welfare training fund, which is
hereby
created in the state treasury. The department shall use money
in the fund only to secure federal matching funds under
Title
IV-E
to help defray costs private agencies and government
entities incur in training staff and foster care parents and
that the department determines are allowable and reasonable
costs and to make payments to private and government entities to assist with
those costs.
The department shall determine the amount of payments it
will make to private agencies and government entities under this
section DIVISION. The department may require a private agency
or
government entity that receives a payment under this section
DIVISION to
pay or help pay the cost of an adverse audit finding that the
agency or entity causes or to which the agency or entity
contributes. The department may require all private agencies
and government entities that receive a payment under this
section DIVISION to share in the cost of an adverse audit
finding that a
private agency or government entity no longer in existence
caused or contributed to.
(C)(D) The department of
human services shall adopt rules in accordance with
Chapter 119. of the
Revised
Code to implement this section. The rules shall include all of the
following:
(1) Procedures for a private agency or government entity
to pay the fee SPECIAL ASSESSMENT required by DIVISION
(C) OF this section and to
request a payment from the department to help defray the cost of
training staff and foster parents;
(2) Criteria for the department to determine whether
training costs are allowable and reasonable;
(3) Any other requirements the department determines to
be necessary to implement this section.
Section 2. That existing sections 2151.99 and 5101.143 of the Revised Code are
hereby repealed.
|