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(123rd General Assembly)(Substitute House Bill Number 176)
AN ACT
To amend sections 2151.31, 2151.314, 2151.33, 2151.413, 2151.414, 2151.415,
2151.419, 2151.42, 3107.07, 3107.11, 3107.19, 5104.01, 5104.08, 5104.31,
5104.32, 5104.35,
5104.36, and 5104.38 of the Revised Code to revise the law governing custody
in child protection cases, to eliminate the requirement that a copy of an
adoption decree be forwarded to the Department of Human Services, and to
authorize the use of child
day-care providers located in states bordering Ohio for
publicly funded child day-care.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 2151.31, 2151.314, 2151.33, 2151.413, 2151.414,
2151.415, 2151.419, 2151.42, 3107.07, 3107.11, 3107.19, 5104.01, 5104.08,
5104.31, 5104.32,
5104.35, 5104.36, and 5104.38 of the Revised Code be amended to
read as follows:
Sec. 2151.31. (A) A child may be taken into custody in
any of the following ways: (1) Pursuant to an order of the court under this chapter; (2) Pursuant to the laws of arrest; (3) By a law enforcement officer or duly authorized
officer of the court when any of the following conditions are
present: (a) There are reasonable grounds to believe that the child
is suffering from illness or injury and is not receiving proper
care, as described in section 2151.03 of the Revised Code, and
the child's removal is necessary to prevent immediate or
threatened
physical or emotional harm; (b) There are reasonable grounds to believe that the child
is in immediate danger from the child's surroundings and
that the child's removal
is necessary to prevent immediate or threatened physical or
emotional harm; (c) There are reasonable grounds to believe that a parent,
guardian, custodian, or other household member of the child's
household has abused or neglected another child in the household
and to believe that the child is in danger of immediate or
threatened physical or emotional harm from that person. (4) By an enforcement official, as defined in section
4109.01 of the Revised Code, under the circumstances set forth in
section 4109.08 of the Revised Code; (5) By a law enforcement officer or duly authorized
officer of the court when there are reasonable grounds to believe
that the child has run away from the child's parents,
guardian, or other
custodian; (6) By a law enforcement officer or duly authorized
officer of the court when any of the following apply: (a) There are reasonable grounds to believe that the
conduct, conditions, or surroundings of the child are endangering
the health, welfare, or safety of the child. (b) A complaint has been filed with respect to the child
under section 2151.27 of the Revised Code and there are
reasonable grounds to believe that the child may abscond or be
removed from the jurisdiction of the court. (c) The child is required to appear in court and there are
reasonable grounds to believe that the child will not be brought
before the court when required. (B)(1) The taking of a child into custody is not and shall
not be deemed an arrest except for the purpose of determining its
validity under the constitution of this state or of the United
States. (2) Except as provided in division (C) of section 2151.311
of the Revised Code, a child taken into custody shall not be held
in any state correctional institution, county,
multicounty, or municipal jail or workhouse, or any other place
where any adult convicted of crime, under arrest, or charged with
crime is held. (C) A child taken into custody shall not be confined in a
place of juvenile detention or placed in shelter care prior to
the implementation of the court's final order of disposition,
unless detention or shelter care is required to protect the
child from immediate or threatened physical or emotional harm,
because the child may abscond or be removed from the jurisdiction
of the court, because the child has no parents, guardian, or
custodian or other person able to provide supervision and care
for the child and return the child to the
court when required, or because an
order for placement of the child in detention or shelter care has
been made by the court pursuant to this chapter. (D) Upon receipt of notice from a person that the person
intends to take an alleged abused, neglected, or dependent child
into custody pursuant to division (A)(3) of this section, a
juvenile judge or a designated referee may grant by telephone an
ex parte emergency order authorizing the taking of the child into
custody if there is probable cause to believe that any of the
conditions set forth in divisions (A)(3)(a) to (c) of this
section are present. The judge or referee shall journalize any
ex parte emergency order issued pursuant to this division. If an
order is issued pursuant to this division and the child is taken
into custody pursuant to the order, a sworn complaint shall be
filed with respect to the child before the end of the next
business day after the day on which the child is taken into
custody and a hearing shall be held pursuant to division (E) of
this section and the Juvenile Rules. A juvenile judge or referee
shall not grant an emergency order by telephone pursuant to this
division until after the judge or referee determines that
reasonable efforts have
been made to notify the parents, guardian, or custodian of the
child that the child may be placed into shelter care and of the
reasons for placing the child into shelter care, except that, if
the requirement for notification would jeopardize the physical or
emotional safety of the child or result in the child being
removed from the court's jurisdiction, the judge or referee may
issue the order for taking the child into custody and placing the
child into shelter care prior to giving notice to the parents,
guardian, or custodian of the child. (E) If a judge or referee pursuant to division (D) of this
section issues an ex parte emergency order for taking a child
into custody, the court shall hold a hearing to determine whether
there is probable cause for the emergency order. The hearing
shall be held before the end of the next business day after the
day on which the emergency order is issued, except that it shall
not be held later than seventy-two hours after the emergency
order is issued. If the court determines at the hearing that there is not
probable cause for the issuance of the emergency order issued
pursuant to division (D) of this section, it shall order the
child released to the custody of the child's parents,
guardian, or
custodian. If the court determines at the hearing that there is
probable cause for the issuance of the emergency order issued
pursuant to division (D) of this section, the court shall do
both all
of the following: (1) Ensure that a complaint is filed or has been filed; (2) Comply with section 2151.419 of the Revised Code; (3) Hold a hearing pursuant to section 2151.314 of the
Revised Code to determine if the child should remain in shelter
care. (F) If the court determines at the hearing held pursuant
to division (E) of this section that there is probable cause to
believe that the child is an abused child, as defined in division
(A) of section 2151.031 of the Revised Code, the court may do any
of the following: (1) Upon the motion of any party, the guardian ad litem,
the prosecuting attorney, or an employee of the public children
services
agency, or its own motion, issue
reasonable
protective orders with respect to the interviewing or deposition
of the child; (2) Order that the child's testimony be videotaped for
preservation of the testimony for possible use in any other
proceedings in the case; (3) Set any additional conditions with respect to the
child or the case involving the child that are in the best
interest of the child. (G) This section is not intended, and shall not be
construed, to prevent any person from taking a child into
custody, if taking the child into custody is necessary in an
emergency to prevent the physical injury, emotional harm, or
neglect of the child. Sec. 2151.314. (A) When a child is brought before the
court or delivered to a place of detention or shelter care
designated by the court, the intake or other authorized officer
of the court shall immediately make an investigation and shall
release the child unless it appears that the child's detention or
shelter care is warranted or required under section 2151.31 of the
Revised Code. If the child is not so released, a complaint under section 2151.27
of the Revised Code shall be filed and an informal detention or
shelter care hearing held promptly, not later than seventy-two
hours after the child is placed in detention or shelter care, to
determine whether detention or shelter care is required. Reasonable oral or
written notice of the time, place, and purpose
of the detention or shelter care hearing shall be given to the
child and, if they can be found, to the child's parents, guardian,
or custodian. In cases in which the complaint alleges a child to
be an abused, neglected, or dependent child, the notice given the parents,
guardian, or custodian shall inform them that a case plan may be prepared
for the child, the general requirements usually contained in case plans, and
the possible consequences of the failure to comply with a journalized case
plan. Prior to the hearing, the court shall inform the
parties of their right to counsel and to appointed counsel or to
the services of the county public defender or joint county public
defender, if they are indigent, of the child's right to remain
silent with respect to any allegation of delinquency, and of the
name and telephone number of a court employee who can be
contacted during the normal business hours of the court to
arrange for the prompt appointment of counsel for any party who
is indigent. Unless it appears from the hearing that the child's
detention or shelter care is required under the provisions of
section 2151.31 of the Revised Code, the court shall order the child's
release as provided by section 2151.311 of the Revised Code. If
a parent, guardian, or custodian has not been so notified and did
not appear or waive appearance at the hearing, upon the filing of
an affidavit stating these facts, the court shall rehear the
matter without unnecessary delay. (B) When the court conducts a hearing pursuant to division
(A) of this section, both all of the following apply: (1) The court shall determine whether an alleged abused,
neglected, or dependent child should remain or be placed in
shelter care; (2) The court shall determine whether there are any
relatives of the child who are willing to be temporary
custodians of the child. If any relative is willing to be a
temporary custodian, the child would otherwise be placed or
retained in shelter care, and the appointment is appropriate, the
court shall appoint the relative as temporary custodian of the
child, unless the court appoints another relative as temporary
custodian. If it determines that the appointment of a relative
as custodian would not be appropriate, it shall issue a written
opinion setting forth the reasons for its determination and give
a copy of the opinion to all parties and to the guardian ad litem
of the child. The court's consideration of a relative for appointment as
a temporary custodian does not make that relative a party to the
proceedings. (3) The court shall comply with section 2151.419 of the Revised Code. (C) If a child is in shelter care following the filing of
a complaint pursuant to section 2151.27 of the Revised Code or
following a hearing held pursuant to division (A) of this
section, any party, including the public children services
agency, and the guardian ad litem of the child may
file a motion with the court requesting that the child be
released from shelter care. The motion shall state the reasons
why the child should be released from shelter care and, if a
hearing has been held pursuant to division (A) of this section,
any changes in the situation of the child or the parents,
guardian, or custodian of the child that have occurred since that
hearing and that justify the release of the child from shelter
care. Upon the filing of the motion, the court shall hold a
hearing in the same manner as under division (A) of this section. (D) Each juvenile court shall designate one court employee
to assist persons who are indigent in obtaining appointed
counsel. The court shall include in each notice given pursuant
to division (A) or (C) of this section and in each summons served
upon a party pursuant to this chapter, the name and telephone
number at which the designated employee can be contacted during
the normal business hours of the court to arrange for prompt
appointment of counsel for indigent persons. Sec. 2151.33. (A) Pending hearing of a complaint filed
under section 2151.27 of the Revised Code or a motion filed or
made under division (B) of this section and the service of
citations, the juvenile court may make any temporary disposition
of any child that it considers necessary to protect the best
interest of the child and that can be made pursuant to division
(B) of this section. Upon the certificate of one or more
reputable practicing physicians, the court may summarily provide
for emergency medical and surgical treatment that appears to be
immediately necessary to preserve the health and well-being of
any child concerning whom a complaint or an application for care
has been filed, pending the service of a citation upon the
child's parents, guardian, or custodian. The court may order the
parents, guardian, or custodian, if the court finds the parents,
guardian, or custodian able to do so, to reimburse the court for
the expense involved in providing the emergency medical or
surgical treatment. Any person who disobeys the order for
reimbursement may be adjudged in contempt of court and punished
accordingly. If the emergency medical or surgical treatment is furnished
to a child who is found at the hearing to be a nonresident of the
county in which the court is located and if the expense of the
medical or surgical treatment cannot be recovered from the
parents, legal guardian, or custodian of the child, the board of
county commissioners of the county in which the child has a legal
settlement shall reimburse the court for the reasonable cost of
the emergency medical or surgical treatment out of its general
fund. (B)(1) After a complaint, petition, writ, or other document
initiating a case dealing with an alleged or adjudicated abused,
neglected, or dependent child is filed and upon the filing or
making of a motion pursuant to division (C) of this section, the
court, prior to the final disposition of the case, may issue any
of the following temporary orders to protect the best interest of
the child: (a) An order granting temporary custody of the child to a
particular party; (b) An order for the taking of the child into custody
pursuant to section 2151.31 of the Revised Code pending the
outcome of the adjudicatory and dispositional hearings; (c) An order granting, limiting, or eliminating visitation
rights with respect to the child; (d) An order requiring a party to vacate a residence that
will be lawfully occupied by the child; (e) An order requiring a party to attend an appropriate
counseling program that is reasonably available to that party; (f) Any other order that restrains or otherwise controls
the conduct of any party which conduct would not be in the best
interest of the child. (2) Prior to the final disposition of a case subject to division
(B)(1) of this section, the court shall do both of the following: (a) Issue an order pursuant to sections 3113.21 to 3113.219
of the Revised Code requiring the parents, guardian, or person charged with
the child's
support to pay support for the child. (b) Issue an order requiring the parents, guardian, or person
charged with the child's support to continue to maintain any
health insurance coverage for the child that existed at the
time of the filing of the complaint, petition, writ, or other document, or to
obtain health insurance coverage in accordance with
section 3113.217 of the Revised
Code. (C)(1) A court may issue an order pursuant to division (B)
of this section upon its own motion or if a
party files a written motion or makes an oral motion requesting
the issuance of the order and stating the reasons for it. Any
notice sent by the court as a result of a motion pursuant to this division
shall contain a notice
that any party to a juvenile proceeding has the right to be
represented by counsel and to have appointed
counsel if the person is indigent. (2) If a child is taken into custody pursuant to section
2151.31 of the Revised Code and placed in shelter care, the
public children services agency or private child placing agency
with which the child is placed in shelter care shall file or make
a motion as described in division (C)(1) of this section before
the end of the next day immediately after the date on
which the child was taken into custody and, at a minimum, shall
request an order for temporary custody under division
(B)(1)(a) of this section. (3) A court that issues an order pursuant to division
(B)(1)(b) of this section shall comply with section
2151.419 of the Revised Code. (D) The court may
grant an ex parte order upon its own motion or a motion filed or made
pursuant to division (C) of this section requesting such an order
if it appears to the court
that the best interest and the welfare of the child require that
the court issue the order immediately. The court, if acting
on its own motion, or the person requesting the granting of
an ex parte order, to the extent possible, shall give notice of
its intent or of the request to the parents, guardian, or
custodian of the child who is the subject of the request. If the
court issues an ex parte order, the
court shall hold a hearing to review the order within seventy-two
hours after it is issued or before the end of the next
day after the day on which it is issued, whichever occurs first. The court
shall give written notice of the hearing to all parties
to the action and shall appoint a guardian ad litem for the child
prior to the hearing. The written notice shall be given by all means that are
reasonably likely to result in the party receiving actual notice
and shall include all of the following: (1) The date, time, and location of the hearing; (2) The issues to be addressed at the hearing; (3) A statement that every party to the hearing has a
right to counsel and to court-appointed counsel, if the party is
indigent; (4) The name, telephone number, and address of the person
requesting the order; (5) A copy of the order, except when it is not possible to
obtain it because of the exigent circumstances in the case. If the court does not grant an ex parte order pursuant to a
motion filed or made pursuant to division (C) of this section
or its own motion, the court shall hold a shelter care
hearing on the motion within ten days after the motion is filed.
The court shall give notice of the hearing to all affected
parties in the same manner as set forth in the Juvenile Rules. (E) The court, pending the outcome of the adjudicatory and
dispositional hearings, shall not issue an order granting
temporary custody of a child to a public children services agency
or private child placing agency pursuant to this section, unless
the court determines and specifically states in the order that
the continued residence of the child in the child's current home
will be contrary to the child's best interest and welfare and the court
complies with section 2151.419 of the Revised Code. (F) Each public children services agency and private child
placing agency that receives temporary custody of a child
pursuant to this section shall maintain in the child's case
record written documentation that it has placed the child, to the
extent that it is consistent with the best interest, welfare, and
special needs of the child, in the most family-like setting
available and in close proximity to the home of the parents,
custodian, or guardian of the child. (G) For good cause shown, any court order that is issued
pursuant to this section may be reviewed by the court at any time
upon motion of any party to the action or upon the motion of the
court. Sec. 2151.413. (A) A public children services agency or
private child placing agency that, pursuant to an order of
disposition under division (A)(2) of section 2151.353 of the
Revised Code or under any version of section 2151.353 of the
Revised Code that existed prior to January 1, 1989, is granted temporary
custody of a child who is not abandoned or orphaned may file a motion in the
court
that made the disposition of the child requesting permanent
custody of the child. (B) A public children services agency or private child
placing agency that, pursuant to an order of disposition under
division (A)(2) of section 2151.353 of the Revised Code or under
any version of section 2151.353 of the Revised Code that existed
prior to January 1, 1989, is
granted temporary custody of a child who is orphaned
may file a motion in the court that made the disposition of the
child requesting permanent custody of the child whenever it can show
that no relative of the child is able to take legal custody of
the child. (C) A public children services agency or private child placing agency
that, pursuant to an order of disposition under division (A)(5) of
section 2151.353 of the Revised Code, places a child in
a planned permanent living arrangement may
file a motion in the court that made the disposition
of the child requesting permanent custody of the child. (D)(1) Except as provided in division (D)(3) of this
section, if
a child has been in the temporary custody of one or more public
children
services agencies or private child placing agencies for twelve or more
months
of a consecutive twenty-two month period ending on or after the
effective date of this amendment pursuant to an order of
disposition that was issued under division
(A)(2) of section 2151.353 of
the Revised Code or pursuant to an order
that extends temporary custody and was issued prior to the
effective date of this amendment
under division
(D) of section 2151.415 of the
Revised Code March 18, 1999, the
public children services agency or private child placing agency with
custody
shall file a motion requesting permanent custody of the child. The motion
shall be filed in
the court that issued the current order of disposition
temporary custody. For the purposes of this division, a child shall
be considered to have entered the temporary custody of an agency on the
earlier of the date the child is adjudicated pursuant to section 2151.28 of
the Revised Code or the date that is sixty days after the
removal of the child from home. (2) Except as provided in division
(D)(3) of this section, if a
court makes a determination pursuant to division
(A)(2) of section 2151.419 of
the Revised
Code, the public children
services agency or private child placing agency required to develop
the permanency plan for the child under division
(K) of section 2151.417 of the
Revised
Code shall file a motion in the
court that made the determination requesting permanent custody
of the child. (3) An agency shall not file a motion for permanent custody under
division (D)(1) or (2) of this section if any of the following apply: (a) The agency documents in the case plan
or permanency plan a compelling reason that permanent custody is not in the
best interest of the child. (b) If reasonable efforts to return the child to the child's home
are required under section 2151.419 of the Revised Code. The,
the agency has not
provided the
services required by the case plan to the parents of the child or the child to
ensure the safe return of the child to the child's home. (c) The agency has been granted permanent custody of the child. (d) The child has been returned home pursuant to court order in
accordance with division (A)(3) of section 2151.419 of the Revised Code. (E) Any agency
that files a motion for permanent custody
under this section shall include in the case plan of the child
who is the subject of the motion, a specific plan of the agency's
actions to seek an adoptive family for the child and to prepare
the child for adoption. (F) The department of human services
may adopt rules pursuant to
Chapter 119. of the
Revised Code that set forth the time
frames for case reviews and for filing a motion requesting
permanent custody under division
(D)(1) of this section. Sec. 2151.414. (A)(1) Upon the filing of a motion pursuant
to section 2151.413 of the Revised Code for permanent custody of
a child, the court
shall schedule a hearing and give notice of the filing of the
motion and of the hearing, in accordance with section 2151.29 of
the Revised Code, to all parties to the action and to the child's
guardian ad litem. The notice also shall contain a full
explanation that the granting of permanent custody permanently
divests the parents of their parental rights, a full explanation
of their right to be represented by counsel and to have counsel
appointed pursuant to Chapter 120. of the Revised Code if they
are indigent, and the name and telephone number of the court
employee designated by the court pursuant to section 2151.314 of
the Revised Code to arrange for the prompt appointment of counsel
for indigent persons. The court shall conduct a hearing in
accordance with section 2151.35 of the Revised Code to determine
if it is in the best interest of the child to permanently
terminate parental rights and grant permanent custody to the
agency that filed the motion. The adjudication that the child is
an abused, neglected, or dependent child and any dispositional order that has
been issued in
the case under section 2151.353 of the Revised Code pursuant to the
adjudication
shall not be readjudicated at the hearing and shall
not be affected by a
denial of the motion for permanent custody. (2) The court shall hold the hearing scheduled
pursuant to division (A)(1) of this section not later
than one hundred twenty days after the agency files the motion for permanent
custody, except that, for good cause shown, the court may
continue the hearing for a reasonable period of time beyond the
one-hundred-twenty-day deadline. The court shall issue an
order that grants, denies, or otherwise disposes of the motion
for permanent custody, and journalize the order, not later than two hundred
days after the agency files the motion. If a motion is made under division
(D)(2) of section 2151.413 of
the Revised
Code and no dispositional
hearing has been held in the case, the court may hear the motion
in the dispositional hearing required by
division (B) of section
2151.35 of the Revised
Code. If the court issues an
order pursuant to section 2151.353 of the
Revised
Code granting permanent custody
of the child to the agency, the court shall immediately dismiss
the motion made under division
(D)(2) of section 2151.413 of
the Revised
Code. The failure of the court to comply with the time periods set
forth in division (A)(2) of this section does not affect
the authority of the court to issue any order under this chapter
and does not provide any basis for attacking the jurisdiction of
the court or the validity of any order of the court. (B)(1) Except as provided in division
(B)(2) of this section, the court may grant permanent custody of
a child to a
movant if the court determines at the hearing held pursuant to
division (A) of this section, by clear and convincing evidence,
that it is in the best interest of the child to grant permanent
custody of the child to the agency that filed the motion for
permanent custody and that any of the following apply: (a) The child is not abandoned or orphaned or has not
been in the
temporary custody of a one or more public children services
agency agencies or private child
placing agency under one or more separate orders of disposition issued
under
section 2151.353 or 2151.415 of the Revised Code agencies for
twelve or more months
of
a consecutive
twenty-two month
period ending on or after the effective date of this amendment
March 18, 1999, and
the child
cannot be placed with either of the child's parents within a
reasonable time or should not be placed with the child's
parents. (b) The child is abandoned. (c) The child is orphaned, and there are no
relatives of
the child who are able to take permanent custody. (d) The child has been in the temporary custody of a one or
more public
children services agency agencies or private child placing
agency under one or more
separate orders of disposition issued under section 2151.353 of the Revised
Code agencies for twelve
or more
months of a consecutive twenty-two month period ending on or after the
effective date of this amendment March 18, 1999. For the purposes of division (B)(1) of this section, a child shall
be considered to have entered the temporary custody of an agency on the
earlier of the date the child is adjudicated pursuant to
section 2151.28 of the Revised Code or the date that is
sixty days after the removal of the child from home. (2) With respect to a motion made pursuant to division
(D)(2) of section 2151.413 of
the Revised
Code, the court shall grant
permanent custody of the child to the movant if the court
determines in accordance with division
(E) of this section that the
child cannot be placed with one of the child's parents within a
reasonable time or should not be placed with either parent and
determines in accordance with division
(D) of this section that
permanent custody is in the child's best interest. (C) In making the determinations required by this section
or division (A)(4) of section 2151.353 of the Revised Code, a
court shall not consider the effect the granting of permanent
custody to the agency would have upon any parent of the child. A
written report of the guardian ad litem of the child shall be
submitted to the court prior to or at the time of the hearing
held pursuant to division (A) of this section or section 2151.35
of the Revised Code but shall not be submitted under oath. If the court grants permanent custody of a child to a
movant under this division, the court, upon the request of any
party, shall file a written opinion setting forth its findings of
fact and conclusions of law in relation to the proceeding. The
court shall not deny an agency's motion for permanent custody
solely because the agency failed to implement any particular
aspect of the child's case plan. (D) In determining the best interest of a child at a
hearing held pursuant to division (A) of this section or for the
purposes of division (A)(4) or (5) of section 2151.353 or
division
(C) of section 2151.415 of the
Revised Code, the court shall consider all
relevant factors, including, but not limited to, the following: (1) The interaction and interrelationship of the child
with the child's parents, siblings, relatives, foster parents and
out-of-home providers, and any other person who may significantly
affect the child; (2) The wishes of the child, as expressed directly by the
child or through the child's guardian ad litem, with due
regard for the maturity of the child; (3) The custodial history of the child, including whether the child
has been in the temporary custody of a one or more public
children services agency agencies or
private child placing agency under one or more separate orders of
disposition
issued under section 2151.353 or 2151.415 of the Revised Code
agencies for twelve
or
more months of a
consecutive
twenty-two month period ending on or after the effective date of this
amendment March 18, 1999; (4) The child's need for a legally secure permanent
placement and whether that type of placement can be achieved
without a grant of permanent custody to the agency; (5) Whether any of the factors in divisions (E)(7) to
(12)(11) of
this
section apply in relation to the parents and child. For the purposes of this division, a child shall be considered to
have entered the temporary custody of an agency on the earlier of the
date the child is adjudicated pursuant to section 2151.28 of the
Revised
Code or the date that is sixty days after the removal of the child
from home. (E) In determining at a hearing held pursuant to division
(A) of this section or for the purposes of division (A)(4) of
section 2151.353 of the Revised Code whether a child cannot be
placed with either parent within a
reasonable period of time or should not be placed with the
parents, the court shall consider all relevant evidence. If the court
determines, by
clear and convincing evidence, at a hearing held pursuant to
division (A) of this section or for the purposes of division
(A)(4) of section 2151.353 of the Revised Code that one or more of the
following exist as to each of the child's parents, the court shall enter a
finding that the child cannot be placed with either parent within a
reasonable time or should not be placed with either
parent: (1) Following the placement of the child outside the child's home
and notwithstanding reasonable case planning and diligent efforts
by the agency to assist the parents to remedy the problems that
initially caused the child to be placed outside the home, the
parent has failed continuously and repeatedly to substantially remedy the
conditions causing the child to be placed outside the child's home. In
determining whether the
parents have substantially remedied those conditions, the court
shall consider parental utilization of medical, psychiatric,
psychological, and other social and rehabilitative services and
material resources that were made available to the parents for
the purpose of changing parental conduct to allow them to resume
and maintain parental duties. (2) Chronic mental illness, chronic emotional illness, mental retardation,
physical disability, or chemical dependency of the parent that is so severe
that it makes the parent unable to provide an adequate permanent home for
the child at the present time and,
as anticipated, within one year after the court holds the hearing pursuant
to division (A) of this section or for the purposes of division
(A)(4) of section 2151.353 of the Revised Code; (3) The parent committed any abuse as described in section
2151.031 of the Revised Code against the child, caused the child
to suffer any neglect as described in section 2151.03 of the
Revised Code, or allowed the child to suffer any neglect as
described in section 2151.03 of the Revised Code between the date
that the original complaint alleging abuse or neglect was filed
and the date of the filing of the motion for permanent custody; (4) The parent has demonstrated a lack of commitment
toward the child by failing to regularly support, visit, or
communicate with the child when able to do so, or by other
actions showing an unwillingness to provide an adequate permanent
home for the child; (5) The parent is incarcerated for an offense committed
against the child or a sibling of the child; (6) The parent has been convicted of or pleaded guilty to
an offense under division (A) or (C) of section 2919.22
or under section 2903.16,
2903.21, 2903.34, 2905.01, 2905.02, 2905.03, 2905.04, 2905.05,
2907.07, 2907.08,
2907.09, 2907.12, 2907.21,
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,
2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.24, 2919.25,
2923.12, 2923.13, 2923.161, 2925.02, or 3716.11 of the
Revised Code and the child or a sibling of the child was a
victim of the offense or the parent
has been convicted of or pleaded guilty to an offense under section
2903.04 of the Revised Code, a sibling of the
child was the victim of the offense, and the parent
who committed the
offense poses an ongoing danger to the child or a
sibling of the child. (7) The parent has
been convicted of or pleaded guilty to one of the
following: (a) An offense under section 2903.01, 2903.02, or
2903.03 of the Revised
Code or under an existing or
former law of this state, any other state, or the
United
States that is substantially
equivalent to an offense described in those sections and the
victim of the offense was a sibling of the child or the victim was another
child who lived in the parent's household at the time of the offense; (b) An offense under section 2903.11, 2903.12, or
2903.13 of the Revised
Code or under an existing or
former law of this state, any other state, or the
United States that is substantially
equivalent to an offense described in those sections and the
victim of the offense is the child, a sibling of the
child, or another child who lived in the parent's household at the time of the
offense; (c) An offense under division (B)(2) of section
2919.22 of the
Revised Code or under an existing or
former law of this state, any other state, or the
United States that is substantially
equivalent to the offense described in that section and the
child, a sibling of the child, or another child who lived in the parent's
household at the time of the
offense is the victim of the offense; (d) An offense under section 2907.02, 2907.03,
2907.04, 2907.05, or 2907.06 of the
Revised Code or under an existing or
former law of this state, any other state, or the
United States that is substantially
equivalent to an offense described in those sections and the
victim of the offense is the child, a sibling of the
child, or another child who lived in the parent's household at the time of the
offense; (e) A conspiracy or attempt to commit, or
complicity in committing, an offense described in
division (E)(7)(a) or (d)
of this
section. (8) The parent has
repeatedly withheld medical treatment or food from the child
when the parent has the means to provide the treatment or food, and, in the
case of withheld medical treatment, the parent withheld it for a purpose other
than
to treat
the physical or mental illness or defect of the child by
spiritual means through prayer alone in accordance with the
tenets of a recognized religious body. (9) The parent has
placed the child at substantial risk of harm two or more times due to
alcohol or drug abuse and has rejected treatment two or more times or
refused to participate in further treatment two or more times after a
case plan issued pursuant to section 2151.412 of the Revised Code requiring treatment of
the parent was journalized as part of a dispositional order issued with
respect to the child or an order was issued by any other court requiring
treatment of the parent. (10) The parent has abandoned the
child. (11) The parent has had parental
rights involuntarily terminated pursuant to section 2151.353, 2151.414,
or 2151.415 of the Revised Code
with respect to a sibling of the child. (12) The parent is incarcerated at the time of the filing
of the motion for permanent custody or the dispositional hearing
of the child and will not be available to care for the child for
at least eighteen months after the filing of the motion for
permanent custody or the dispositional hearing. (13) The parent is repeatedly incarcerated, and
the
repeated
incarceration prevents the parent from providing care for the
child. (14) The parent for any reason is unwilling to provide
food, clothing, shelter, and other basic necessities for the
child or to prevent the child from suffering physical, emotional,
or sexual abuse or physical, emotional, or mental neglect. (15) The parent has committed abuse as described in
section 2151.031 of the Revised Code against the child or
caused or allowed the child to suffer neglect as described in section 2151.03
of the Revised Code, and the court determines that the
seriousness, nature, or likelihood of recurrence of the abuse or neglect makes
the child's placement with the child's parent a threat to the child's
safety. (16) Any other factor the court considers relevant. (F) The parents of a child for whom the court has issued
an order granting permanent custody pursuant to this section,
upon the issuance of the order, cease to be parties to the
action. This division is not intended to eliminate or restrict
any right of the parents to appeal the granting of permanent
custody of their child to a movant pursuant to this section. Sec. 2151.415. (A) Except for cases in which a
motion for
permanent custody described in division (D)(1) of section 2151.413
of the Revised Code is required to be made, a
public children services agency or
private child placing agency that has been given temporary
custody of a child pursuant to section 2151.353 of the Revised
Code, not later than thirty days prior to the earlier of the date
for the termination of the custody order pursuant to division (F)
of section 2151.353 of the Revised Code or the date set at the
dispositional hearing for the hearing to be held pursuant to this
section, shall file a motion with the court that issued the order
of disposition requesting that any of the following orders of
disposition of the child be issued by the court: (1) An order that the child be returned home and
the custody of the child's parents, guardian, or custodian
without any
restrictions; (2) An order for protective supervision; (3) An order that the child be placed in the legal custody
of a relative or other interested individual; (4) An order permanently terminating the parental rights
of the child's parents; (5) An order that the child be placed in a planned permanent living
arrangement; (6) In accordance with division (D) of this section, an
order for the extension of temporary custody. (B) Upon the filing of a motion pursuant to division (A)
of this section, the court shall hold a dispositional hearing on
the date set at the dispositional hearing held pursuant to
section 2151.35 of the Revised Code, with notice to all parties
to the action in accordance with the Juvenile Rules. After the
dispositional hearing or at a date after the dispositional
hearing that is not later than one year after the earlier of the
date on which the complaint in the case was filed or the child
was first placed into shelter care, the court, in accordance with
the best interest of the child as supported by the evidence
presented at the dispositional hearing, shall issue an order of
disposition as set forth in division (A) of this section, except
that all orders for permanent custody shall be made in accordance
with sections 2151.413 and 2151.414 of the Revised Code. In issuing an
order of disposition under this section, the court shall comply with section
2151.42 of the Revised Code. (C)(1) If an agency pursuant to division (A) of this
section requests the court to place a child into a planned permanent living
arrangement, the agency shall
present evidence to indicate why a planned permanent living arrangement
is appropriate
for the child, including, but not
limited to, evidence that the agency has tried or considered all
other possible dispositions for the child. A court shall not
place a child in a planned permanent living
arrangement, unless it finds, by clear
and convincing evidence, that a planned
permanent living arrangement is in the
best interest of the child and that one of the following exists: (a) The child, because of physical, mental, or
psychological problems or needs, is unable to function in a
family-like setting and must remain in residential or
institutional care. (b) The parents of the child have significant physical,
mental, or psychological problems and are unable to care for the
child because of those problems, adoption is not in the best
interest of the child, as determined in accordance with division
(D) of section 2151.414 of the Revised Code, and the child
retains a significant and positive relationship with a parent or
relative; (c) The child is sixteen years of age or older, has been
counseled on the permanent placement options available, is
unwilling to accept or unable to adapt to a permanent placement,
and is in an agency program preparing for independent living. (2) If the court issues an order placing a child in
long-term foster care a planned permanent living arrangement,
both of the following apply: (a) The court shall issue a finding of fact setting forth
the reasons for its finding; (b) The agency may make any appropriate placement for the
child and shall develop a case plan for the child that is
designed to assist the child in finding a permanent home outside
of the home of the parents. (D)(1) If an agency pursuant to division (A) of this
section requests the court to grant an extension of temporary
custody for a period of up to six months, the agency shall
include in the motion an explanation of the progress on the case
plan of the child and of its expectations of reunifying the child
with the child's family, or placing the child in a permanent
placement,
within the extension period. The court shall schedule a hearing
on the motion, give notice of its date, time, and location to all
parties and the guardian ad litem of the child, and at the
hearing consider the evidence presented by the parties and the
guardian ad litem. The court may extend the temporary custody
order of the child for a period of up to six months, if it
determines at the hearing, by clear and convincing evidence, that
the extension is in the best interest of the child, there has
been significant progress on the case plan of the child, and
there is reasonable cause to believe that the child will be
reunified with one of the parents or otherwise permanently
placed
within the period of extension. In determining whether to extend the
temporary custody of the child pursuant to this division, the court shall
comply with section 2151.42 of the Revised Code. If the court extends the
temporary custody of the child pursuant to this division, upon
request it shall issue findings of fact. (2) Prior to the end of the extension granted pursuant to
division (D)(1) of this section, the agency that received the
extension shall file a motion with the court requesting the
issuance of one of the orders of disposition set forth in
divisions (A)(1) to (5) of this section or requesting the court
to extend the temporary custody order of the child for an
additional period of up to six months. If the agency requests
the issuance of an order of disposition under divisions (A)(1) to
(5) of this section or does not file any motion prior to the
expiration of the extension period, the court shall conduct a
hearing in accordance with division (B) of this section and issue
an appropriate order of disposition. In issuing an order of disposition,
the court shall comply with section 2151.42 of the Revised Code. If the agency requests an additional extension of up to six
months of the temporary custody order of the child, the court
shall schedule and conduct a hearing in the manner set forth in
division (D)(1) of this section. The court may extend the
temporary custody order of the child for an additional period of
up to six months if it determines at the hearing, by clear and
convincing evidence, that the additional extension is in the best
interest of the child, there has been substantial additional
progress since the original extension of temporary custody in the
case plan of the child, there has been substantial additional
progress since the original extension of temporary custody toward
reunifying the child with one of the parents or otherwise
permanently placing the child, and there is reasonable cause to
believe that the child will be reunified with one of the
parents
or otherwise placed in a permanent setting before the expiration
of the additional extension period. In determining whether to grant an
additional extension, the court shall comply with section 2151.42
of the Revised Code. If the court extends the
temporary custody of the child for an additional period pursuant
to this division, upon request it shall issue findings of fact. (3) Prior to the end of the extension of a temporary
custody order granted pursuant to division (D)(2) of this
section, the agency that received the extension shall file a
motion with the court requesting the issuance of one of the
orders of disposition set forth in divisions (A)(1) to (5) of
this section. Upon the filing of the motion by the agency or, if
the agency does not file the motion prior to the expiration of
the extension period, upon its own motion, the court, prior to
the expiration of the extension period, shall conduct a hearing
in accordance with division (B) of this section and issue an
appropriate order of disposition. In issuing an order of disposition, the
court shall comply with section 2151.42 of the Revised Code. (4) No court shall grant an agency more than two
extensions of temporary custody pursuant to division (D) of this
section. (E) After the issuance of an order pursuant to division
(B) of this section, the court shall retain jurisdiction over the
child until the child attains the age of eighteen if the child is
not mentally retarded, developmentally
disabled, or physically impaired, the child
attains the age
of twenty-one if the child is mentally
retarded, developmentally disabled, or physically impaired,
or the child is adopted and a final decree of adoption is issued,
unless the court's jurisdiction over the child is extended
pursuant to division (E) of section 2151.353 of the Revised Code. (F) The court, on its own motion or the motion of the
agency or person with legal custody of the child, the child's
guardian ad litem, or any other party to the action, may conduct
a hearing with notice to all parties to determine whether any
order issued pursuant to this section should be modified or
terminated or whether any other dispositional order set forth in
divisions (A)(1) to (5) of this section should be issued. After
the hearing and consideration of all the evidence presented, the
court, in accordance with the best interest of the child, may
modify or terminate any order issued pursuant to this section or
issue any dispositional order set forth in divisions (A)(1) to
(5) of this section. In rendering a decision under this division, the
court shall comply with section 2151.42 of the Revised Code. (G) If the court places a child in a planned
permanent living arrangement
with a public children services agency or a private child placing
agency pursuant to this section, the agency with which the child
is placed in a planned permanent living
arrangement shall not remove the child
from the residential placement in which the child is originally
placed pursuant to the case plan for the child or in which the
child is placed with court approval pursuant to this division,
unless the court and the guardian ad litem are given notice of
the intended removal and the court issues an order approving the
removal or unless the removal is necessary to protect the child
from physical or emotional harm and the agency gives the court
notice of the removal and of the reasons why the removal is
necessary to protect the child from physical or emotional harm
immediately after the removal of the child from the prior
setting. (H) If the hearing held under this section takes the place
of an administrative review that otherwise would have been held
under section 2151.416 of the Revised Code, the court at the
hearing held under this section shall do all of the following in
addition to any other requirements of this section: (1) Determine the continued necessity for and the
appropriateness of the child's placement; (2) Determine the extent of compliance with the child's
case plan; (3) Determine the extent of progress that has been made
toward alleviating or mitigating the causes necessitating the
child's placement in foster care; (4) Project a likely date by which the child may be
returned to the child's home or placed for adoption or legal
guardianship; (5) Approve the permanency plan
for the child consistent with section 2151.417 of the Revised Code. Sec. 2151.419. (A)(1) Except as provided in
division
(A)(2) of this section, at any hearing held pursuant to
section 2151.28, division (E) of section 2151.31, or
section 2151.314, 2151.33, or 2151.353 of the Revised Code at
which the
court removes a child from the child's home or continues the
removal of a
child from the child's home, the court shall determine
whether the public
children services agency or private child placing agency that
filed the complaint in the case, removed the child from home,
has custody of the child, or will be given custody of the child
has made reasonable efforts to prevent the removal of the child
from the child's home, to eliminate the continued removal of
the child
from the child's home, or to make it possible for the child
to return safely
home. The agency shall have the burden of proving that it has
made those reasonable efforts. If the agency removed the child from home
during an emergency in which the child could not safely remain at home and the
agency did not have prior contact with the child, the court is not prohibited,
solely because the agency did not make reasonable efforts during the emergency
to prevent the removal of the child, from determining that the agency made
those reasonable efforts. In determining whether reasonable
efforts were made, the child's health and safety shall be paramount. (2) If any of the following apply, the court shall
make a determination
that the agency is not required to make reasonable efforts to
prevent the removal of the child from the child's home,
eliminate the continued removal of the child from the child's
home, and return the child to the child's home: (a) The parent from whom the child was removed has
been convicted of or pleaded guilty to one of the
following: (i) An offense under section 2903.01, 2903.02, or
2903.03 of the Revised
Code or under an existing or
former law of this state, any other state, or the
United
States that is substantially
equivalent to an offense described in those sections and the
victim of the offense was a sibling of the child or the victim was another
child who lived in the parent's household at the time of the offense; (ii) An offense under section 2903.11, 2903.12, or
2903.13 of the Revised
Code or under an existing or
former law of this state, any other state, or the
United States that is substantially
equivalent to an offense described in those sections and the
victim of the offense is the child, a sibling of the
child, or another child who lived in the parent's household at the time of the
offense; (iii) An offense under division (B)(2) of section
2919.22 of the
Revised Code or under an existing or
former law of this state, any other state, or the
United States that is substantially
equivalent to the offense described in that section and the
child, a sibling of the child, or another child who lived in the parent's
household at the time of the
offense is the victim of the offense; (iv) An offense under section 2907.02, 2907.03,
2907.04, 2907.05, or 2907.06 of the
Revised Code or under an existing or
former law of this state, any other state, or the
United States that is substantially
equivalent to an offense described in those sections and the
victim of the offense is the child, a sibling of the
child, or another child who lived in the parent's household at the time of the
offense; (v) A conspiracy or attempt to commit, or
complicity in committing, an offense described in
division (A)(2)(a)(i) or (iv)
of this
section. (b) The parent from whom the child was removed has
repeatedly withheld medical treatment or food from the child
when the parent has the means to provide the treatment or food.
If the parent has withheld medical treatment in order to treat
the physical or mental illness or defect of the child by
spiritual means through prayer alone, in accordance with the
tenets of a recognized religious body, the court or agency shall
comply with the requirements of division
(A)(1) of this section. (c) The parent from whom the child was removed has
placed the child at substantial risk of harm two or more times due to
alcohol or drug abuse and has rejected treatment two or more times or
refused to participate in further treatment two or more times after a
case plan issued pursuant to section 2151.412 of the Revised Code requiring treatment of
the parent was journalized as part of a dispositional order issued with
respect to the child or an order was issued by any other court requiring such
treatment of the parent. (d) The parent from whom the child was removed has abandoned the
child. (e) The parent from whom the child was removed has had parental
rights involuntarily terminated pursuant to section 2151.353, 2151.414,
or 2151.415 of the Revised Code
with respect to a sibling of the child. (3) At any hearing in which the court determines whether
to return a child to the child's home, the court may issue an
order that returns the child in situations in which the
conditions described in divisions (A)(2)(a)
to (e) of this section are
present. (B)(1) A court that is required to make a
determination as described in division
(A)(1) or (2) of this section shall issue written findings of
fact setting forth the reasons supporting its determination. If the court
makes a written determination under division (A)(1) of this
section,
it shall briefly describe in the findings of fact the relevant
services provided by the agency to
the family of the child and why those services did not prevent the removal of
the child from the child's home or enable the child to
return safely home. (2) If a court issues an order that returns the child to
the child's home in situations in which division
(A)(2)(a), (b), (c), (d),
or (e) of this section applies, the court shall issue
written
findings of fact setting forth the reasons supporting its
determination. (C) If the court makes a determination pursuant to division
(A)(2) of this section, the court shall conduct a review hearing
pursuant to section 2151.417 of the Revised Code to approve a permanency plan
with
respect to the child, unless the court issues an order returning the child
home pursuant to division
(A)(3) of this section. The
hearing to approve the permanency plan may be held immediately
following the court's determination pursuant to division
(A)(2) of this section and
shall be held no later than thirty days following that
determination. Sec. 2151.42. (A) At any hearing in which a court
is asked to modify or terminate an order of disposition issued under section
2151.353, 2151.415, or 2151.417 of the Revised
Code,
the court, in determining whether
to return the child to the child's parents, shall consider
whether it is in the best interest of the child. If the order of
disposition that is the subject of a hearing under this section
involves a previous award of legal custody under division
(A)(3) of section 2151.353 of the Revised
Code and is governed by division (E) of section
3109.04 of the Revised Code, the court shall
comply with the requirements of division (E) of section
3109.04 of the Revised Code in its modification or
termination of the order of disposition. (B) Additionally, an An order of disposition issued under
division
(A)(3) of section 2151.353,
division (A)(3) of section
2151.415, or section 2151.417 of the
Revised
Code granting
legal custody of a child to a person is intended to be permanent
in nature. A court shall not modify or terminate an order issued under
either
of those divisions or that section granting legal custody of a child to
a
person
unless it finds, based on facts that
have arisen since the order was issued or that were unknown to the
court at that time, that a change has occurred
in the circumstances of the child, the child's parents, or the
person who was granted legal custody, and that modification or
termination of the order is necessary to
serve the best interest of the child. Sec. 3107.07. Consent to adoption is not required of any
of the following: (A) A parent of a minor, when it is alleged in the
adoption petition and the court finds after proper service of
notice and hearing, that the parent has failed without
justifiable cause to communicate with the minor or to provide for
the maintenance and support of the minor as required by law or
judicial decree for a period of at least one year immediately
preceding either the filing of the adoption petition or the
placement of the minor in the home of the petitioner. (B) The putative father of a minor if either of the following
applies: (1) The putative father fails to register as the
minor's putative father with the putative father registry established under
section 3107.062 of the Revised Code not later than thirty days after the
minor's birth; (2) The court finds, after proper service of notice and hearing,
that any of the following are the case: (a) The putative father is not the father of the minor; (b) The putative father has willfully
abandoned or failed to care for and support the minor; (c) The putative father has willfully abandoned the mother of
the minor during her pregnancy and up to the time of her surrender of the
minor, or the minor's placement in the home of the petitioner, whichever
occurs first. (C) Except as provided in section 3107.071 of the Revised Code, a parent who
has entered into a voluntary permanent custody surrender agreement under
division (B) of section 5103.15 of the Revised Code; (D) A parent whose parental rights have been terminated by order of a
juvenile court under Chapter 2151. of the Revised Code; (E) A parent who is married to the petitioner and supports the adoption; (F) The father, or putative father, of
a minor if the minor is conceived as the result of the commission of rape by
the father or putative father and the father or putative father is convicted
of or pleads guilty to the commission of that offense. As used in this
division, "rape" means a violation of section 2907.02 of the
Revised Code
or a similar law of another state. (G) A legal guardian or guardian ad litem of a parent
judicially declared incompetent in a separate court proceeding
who has failed to respond in writing to a request for consent,
for a period of thirty days, or who, after examination of the
written reasons for withholding consent, is found by the court to
be withholding consent unreasonably; (H) Any legal guardian or lawful custodian of the person
to be adopted, other than a parent, who has failed to respond in
writing to a request for consent, for a period of thirty days, or
who, after examination of the written reasons for withholding
consent, is found by the court to be withholding consent
unreasonably; (I) The spouse of the person to be adopted, if the failure
of the spouse to consent to the adoption is found by the court to
be by reason of prolonged unexplained absence, unavailability,
incapacity, or circumstances that make it impossible or
unreasonably difficult to obtain the consent or refusal of the
spouse; (J) Any parent, legal guardian, or other lawful custodian
in a foreign country, if the person to be adopted has been
released for adoption pursuant to the laws of the country in
which the person resides and the release of such person is in a
form that satisfies the requirements of the immigration and
naturalization service of the United States department of justice
for purposes of immigration to the United States pursuant to
section 101(b)(1)(F) of the "Immigration and Nationality Act,"
75 Stat. 650 (1961), 8 U.S.C. 1101(b)(1)(F), as amended or
reenacted. (K) Except as provided in divisions (G) and (H)
of this section, a juvenile court, agency, or
person given notice of the petition pursuant to division
(A)(2)(1) of section 3107.11 of the Revised
Code that fails to file an
objection to the petition within fourteen days after proof is filed pursuant
to division (B) of that section that
the notice was given; (L) Any guardian, custodian, or other party who has temporary
custody of the child. Sec. 3107.11. (A) After the filing of a petition to adopt
an adult or a minor, the court shall fix a time and place for
hearing the petition. The hearing may take place at any time
more than thirty days after the date on which the minor is placed
in the home of the petitioner. At least twenty days before the
date of hearing, notice of the filing of the petition and of the
time and place of hearing shall be given by the court to all of
the following: (1) The department of human services; (2) Any juvenile court, agency, or person whose consent to the
adoption is required by this chapter but who has not consented;
(3)(2) A person whose consent is not required as provided by
division
(A), (G), (H), or (I) of section
3107.07 of the Revised Code and has not consented;
(4)(3) Any guardian, custodian, or other party who has
temporary custody or
permanent custody of the child.
The notice to the department of human services shall be
accompanied by a copy of the petition. Notice shall not be given to a
person whose consent is not required as provided by division
(B), (C), (D), (E), (F), or
(J) of section 3107.07, or section 3107.071, of the Revised Code. Second
notice shall not be given to a juvenile court, agency, or person whose consent
is not required as provided by
division (K) of section 3107.07 of the Revised Code
because the court, agency, or person failed to file an objection to the
petition within fourteen days after proof was filed pursuant to division
(B) of this section that a first notice was
given to the court, agency, or person pursuant to division
(A)(2)(1) of this section.
(B) All notices required under this section shall be given
as specified in the Rules of Civil Procedure. Proof of the
giving of notice shall be filed with the court before the
petition is heard. Sec. 3107.19. Within thirty days after an adoption decree becomes final,
the
court shall forward a copy of the decree to the department of human services
of this state for
statistical purposes. If the adopted person was born in this state or
outside the United States, the court shall forward all of the
following to the department of health at the time of forwarding the decree
to
the department of human services within thirty days after an adoption
decree becomes final: (A) A copy of the adopted person's certificate of adoption; (B) The form prescribed under division (A)(1) of section
3107.083 of the Revised Code, if a parent filled out and signed the form
pursuant to section 3107.071, 3107.081, or 5103.151 of the Revised Code; (C) A statement of whether the adopted person is an adopted
person as defined in section 3107.39 or 3107.45 of the Revised Code. If the adopted person was born in another state
of the United States, the court shall forward
a copy of the adopted person's certificate of adoption to that
state's vital statistics office at the time of
forwarding the adoption decree to the department of
human services within thirty days after an adoption decree becomes
final. Sec. 5104.01. As used in this chapter: (A) "Administrator" means the person responsible for the
daily operation of a center or type A home. The administrator
and the owner may be the same person. (B) "Approved child day camp" means a child day camp
approved pursuant to section 5104.22 of the Revised Code. (C) "Authorized provider" means a person authorized by a
county director of human services to operate a certified type B
family day-care home. (D) "Border state child day-care provider" means a child day-care
provider
that is located in a state bordering Ohio and that is licensed,
certified,
or otherwise approved by that state to provide child day-care. (E) "Caretaker parent" means the father or mother of a
child whose presence in the home is needed as the caretaker of
the child, a person who has legal custody of a child and whose
presence in the home is needed as the caretaker of the child, a
guardian of a child whose presence in the home is needed as the
caretaker of the child, and any other person who stands in loco
parentis with respect to the child and whose presence in the home
is needed as the caretaker of the child. (E)(F) "Certified type B family day-care home" and
"certified type B home" mean a type B family day-care home
that is certified by the director of the county department of human services
pursuant to section 5104.11 of the Revised Code to receive public
funds for providing child day-care pursuant to this chapter and
any rules adopted under it.
(F)(G) "Chartered nonpublic school" means a school that
meets standards for nonpublic schools prescribed by the state
board of education for nonpublic schools pursuant to section
3301.07 of the Revised Code.
(G)(H) "Child" includes an infant, toddler, preschool child,
or school child.
(H)(I) "Child care block grant act" means the "Child
Care and Development Block Grant
Act of 1990," established in section 5082 of the "Omnibus
Budget Reconciliation Act of 1990," 104
Stat. 1388-236 (1990), 42
U.S.C. 9858, as
amended.
(I)(J) "Child day camp" means a program in which only school
children attend or participate, that operates for no more than
seven hours per day, that operates only during one or more public
school district's regular vacation periods or for no more than
fifteen weeks during the summer, and that operates outdoor
activities for each child who attends or participates in the
program for a minimum of fifty per cent of each day that children
attend or participate in the program, except for any day when
hazardous weather conditions prevent the program from operating
outdoor activities for a minimum of fifty per cent of that day.
For purposes of this division, the maximum seven hours of
operation time does not include transportation time from a
child's home to a child day camp and from a child day camp to a
child's home.
(J)(K) "Child day-care" means administering to the needs of
infants, toddlers, preschool children, and school
children outside of school hours by persons other than their parents or
guardians, custodians, or relatives by blood, marriage, or
adoption for any part of the twenty-four-hour day in a place or
residence other than a child's own home.
(K)(L) "Child day-care center" and "center" mean any place
in which child day-care or publicly funded child day-care is
provided for thirteen or more children at one time or any place
that is not the permanent residence of the licensee or
administrator in which child day-care or publicly funded child
day-care is provided for seven to twelve children at one time.
In counting children for the purposes of this division, any
children under six years of age who are related to a licensee,
administrator, or employee and who are on the premises of the
center shall be counted. "Child day-care center" and "center" do
not include any of the following:
(1) A place located in and operated by a hospital, as
defined in section 3727.01 of the Revised Code, in which the
needs of children are administered to, if all the children whose
needs are being administered to are monitored under the on-site
supervision of a physician licensed under Chapter 4731. of the Revised Code or a
registered nurse licensed under Chapter 4723.
of the Revised Code, and the services are provided only for
children who, in the opinion of the child's parent, guardian, or
custodian, are exhibiting symptoms of a communicable disease or
other illness or are injured; (2) A child day camp; (3) A place that provides child day-care, but
not publicly funded child day-care, if all of the
following apply: (a) An organized religious body
provides the child day-care; (b) A parent, custodian, or guardian of at least one
child receiving child day-care is on the
premises and readily accessible at all times; (c) The child day-care is not provided for more than thirty days
a year; (d) The child day-care is provided only for preschool and school
children. (L)(M) "Child day-care resource and referral service
organization"
means a community-based nonprofit organization that provides child day-care
resource and referral services but not child day-care.
(M)(N) "Child day-care resource and referral services" means
all of the following services:
(1) Maintenance of a uniform data base of all child
day-care providers in the community that are in compliance with
this chapter, including current occupancy and vacancy data; (2) Provision of individualized consumer education to
families seeking child day-care; (3) Provision of timely referrals of available child
day-care providers to families seeking child day-care; (4) Recruitment of child day-care providers; (5) Assistance in the development, conduct, and dissemination of training
for child day-care providers
and provision of technical assistance to current and potential
child day-care providers, employers, and the community; (6) Collection and analysis of data on the supply of and
demand for child day-care in the community; (7) Technical assistance concerning locally, state, and federally funded
child day-care and early childhood education programs; (8) Stimulation of employer involvement in making child
day-care more affordable, more available, safer, and of higher
quality for their employees and for the community; (9) Provision of written educational materials to
caretaker parents and informational resources to child day-care
providers; (10) Coordination of services among child day-care resource and referral
service organizations to assist in developing and maintaining a statewide
system of child day-care resource and referral services if required by the
department of human services; (11) Cooperation with the county department of human
services in encouraging the establishment of parent cooperative
child day-care centers and parent cooperative type
A family day-care homes. (N)(O) "Child-care staff member" means an employee of a
child day-care center or type A family day-care home who is
primarily responsible for the care and supervision of children.
The administrator may be a part-time child-care staff member when
not involved in other duties.
(O)(P) "Drop-in child day-care center," "drop-in center,"
"drop-in type A family day-care home," and "drop-in type A
home" mean a center or type A home that provides child day-care or
publicly funded child day-care for children on a temporary,
irregular basis.
(P)(Q) "Employee" means a person who either:
(1) Receives compensation for duties performed in a child
day-care center or type A family day-care home; (2) Is assigned specific working hours or duties in a
child day-care center or type A family day-care home. (Q)(R) "Employer" means a person, firm, institution,
organization, or agency that operates a child day-care center or
type A family day-care home subject to licensure under this chapter.
(R)(S) "Federal poverty line" means the official poverty
guideline as revised annually in accordance with section 673(2)
of the "Omnibus Budget Reconciliation Act
of 1981," 95 Stat. 511, 42
U.S.C. 9902, as amended,
for a family size
equal to the size of the family of the person whose income is being
determined.
(S)(T) "Head start program" means a comprehensive child
development program that receives funds distributed under the
"Head Start Act," 95 Stat. 499 (1981), 42
U.S.C.A. 9831,
as amended, or under
section 3301.31 of the Revised Code.
(T)(U) "Income" means gross income, as defined in section
5107.10
of the Revised Code, less any amounts required by federal statutes or
regulations to be
disregarded.
(U)(V) "Indicator checklist" means an inspection tool, used
in (U) "Indicator checklist" means an inspection tool, used in
conjunction with an instrument-based program monitoring information system,
that contains selected licensing requirements that are statistically reliable
indicators or predictors of a child day-care center or type A family
day-care home's compliance with licensing requirements.
(V)(W) "Infant" means a child who is less than
eighteen months of age.
(W)(X) "In-home aide" means a person certified by a county
director of human services pursuant to section 5104.12 of the Revised Code
to provide publicly funded child day-care to a child
in a child's own home pursuant to this chapter and any rules
adopted under it.
(X)(Y) "Instrument-based program monitoring information
system"
means a method to assess compliance with licensing requirements for child
day-care centers and type A family day-care homes in which each
licensing requirement is assigned a weight indicative of the relative
importance of the requirement to the health, growth, and safety of the
children that is used to develop an indicator checklist.
(Y)(Z) "License capacity" means the maximum number in each
age category of children who may be cared for in a child day-care center
or type A family day-care home at one time as determined by the
director of human services considering building occupancy limits
established by the department of commerce, number of available child-care
staff members, amount of available indoor floor space and outdoor play space,
and amount of available play equipment, materials, and supplies.
(Z)(AA) "Licensed preschool program" or "licensed school
child program" means a preschool program or school child program,
as defined in section 3301.52 of the Revised Code, that is
licensed by the department of education pursuant to sections
3301.52 to 3301.59 of the Revised Code.
(AA)(BB) "Licensee" means the owner of a child day-care
center
or type A family day-care home that is licensed pursuant to this
chapter and who is responsible for ensuring its compliance with
this chapter and rules adopted pursuant to this chapter.
(BB)(CC) "Operate a child day camp" means to operate,
establish, manage, conduct, or maintain a child day camp.
(CC)(DD) "Owner" includes a person, as defined in section
1.59 of the Revised Code, or government entity.
(DD)(EE) "Parent cooperative child day-care center," "parent
cooperative center," "parent cooperative type A family day-care
home," and "parent cooperative type A home" mean a corporation or
association organized for providing educational services to the
children of members of the corporation or association, without
gain to the corporation or association as an entity, in which the
services of the corporation or association are provided only to
children of the members of the corporation or association,
ownership and control of the corporation or association rests
solely with the members of the corporation or association, and at
least one parent-member of the corporation or association is on
the premises of the center or type A home during its hours of
operation.
(EE)(FF) "Part-time child day-care center," "part-time
center,"
"part-time type A family day-care home," and "part-time type
A home" mean a center or type A home that provides child
day-care or publicly funded child day-care for no more than four hours a day
for any child.
(FF)(GG) "Place of worship" means a building where
activities of
an organized religious group are conducted and includes the
grounds and any other buildings on the grounds used for such
activities.
(GG)(HH) "Preschool child" means a child who is three years
old or
older but is not a school child.
(HH)(II) "Protective day-care" means publicly funded child
day-care for the direct care and protection of a child to whom
either of the following applies:
(1) A case plan prepared and maintained for the child
pursuant to section 2151.412 of the Revised Code indicates a need
for protective day-care and the child resides with a parent,
stepparent, guardian, or another person who stands in loco
parentis as defined in rules adopted under section 5104.38 of the Revised Code; (2) The child and the child's caretaker either temporarily
reside
in a facility providing emergency shelter for homeless families
or are determined by the county department of human services to
be homeless, and are otherwise ineligible for publicly funded
child day-care. (II)(JJ) "Publicly funded child day-care" means
administering
to the needs of infants, toddlers, preschool
children, and school children under age thirteen during
any part of the
twenty-four-hour day by
persons other than their caretaker parents for remuneration
wholly or in part with federal or state funds, including child care
block grant act funds, distributed by the
department of human services.
(JJ)(KK) "Religious activities" means any of the following:
worship or other religious services; religious instruction; Sunday
school classes or other religious classes conducted during or prior to
worship
or other religious services; youth or adult fellowship
activities; choir or other musical group practices or programs;
meals; festivals; or meetings conducted by an organized religious
group.
(KK)(LL) "School child" means a child who is enrolled in or
is
eligible to be enrolled in a grade of kindergarten or above but
is less than fifteen years old.
(LL)(MM) "School child day-care center," "school child
center,"
"school child type A family day-care home," and "school child
type A family home" mean a center or type A home that
provides
child day-care for school children only and that does either or
both of the following:
(1) Operates only during that part of the day that
immediately precedes or follows the public school day of the
school district in which the center or type A home is located; (2) Operates only when the public schools in the school
district in which the center or type A home is located are not
open for instruction with pupils in attendance. (MM)(NN) "Special needs day-care" means publicly funded
child
day-care that is provided for a child who is physically or
developmentally handicapped, mentally retarded, or mentally ill.
(NN)(OO) "State median income" means the state median income
calculated by the department of development pursuant to division
(A)(1)(g) of section 5709.61 of the Revised Code.
(OO)(PP) "Toddler" means a child who is at least eighteen
months of age but less than three years of age.
(PP)(QQ) "Type A family day-care home" and "type A home"
mean a
permanent residence of the administrator in which child day-care
or publicly funded child day-care is provided for seven to twelve
children at one time or a permanent residence of the
administrator in which child day-care is provided for four to
twelve children at one time if four or more children at one time
are under two years of age. In counting children for the
purposes of this division, any children under six years of age
who are related to a licensee, administrator, or employee and who
are on the premises of the type A home shall be counted. "Type A
family day-care home" does not include a residence in which the
needs of children are administered to, if all of the children
whose needs are being administered to are siblings of the same
immediate family and the residence is the home of the siblings.
"Type A family day-care home" and "type A home" do not include
any child day camp.
(QQ)(RR) "Type B family day-care home" and "type B home" mean
a permanent residence of the provider in which child day-care is
provided for one to six children at one time and in which no more
than three children are under two years of age at one time. In
counting children for the purposes of this division, any children
under six years of age who are related to the provider and who
are on the premises of the type B home shall be counted. "Type B
family day-care home" does not include a residence in which the
needs of children are administered to, if all of the children
whose needs are being administered to are siblings of the same
immediate family and the residence is the home of the siblings.
"Type B family day-care home" and "type B home" do not include
any child day camp.
Sec. 5104.08. There is hereby created in the department of
human services a day-care advisory council to advise and assist
the department in the administration of this chapter and in the
development of child day-care. The council shall consist of
eighteen members appointed by the director of human services with
the approval of the governor. The director of human services,
the superintendent of public instruction, the director of health,
the director of commerce, and the state fire
marshal
shall serve as nonvoting members of the council. Six members shall be representatives of child day-care
centers subject to licensing, the members to represent a variety
of centers, including nonprofit and proprietary, from different
geographical areas of the state. At least three members shall be
parents, guardians, or custodians of children in a head start
program or receiving child day-care or publicly funded child
day-care in the child's own home, a center, type A home,
certified type B home, or type B home at the time of appointment.
Three members shall be representatives of in-home aides, type A
homes, certified type B homes, or type B homes or head start
programs. At least two members shall represent county
departments of human services. The remaining members shall be
representatives of the teaching, child development, and health
professions, and other individuals interested in the welfare of
children. At least six members of the council shall not be
employees or licensees of a child day-care center or type A home,
or providers operating a certified type B home or type B home, or
in-home aides. Six of the original appointments shall be for one year, six
for two years, and six for three years, and subsequent
appointments shall be for three-year terms. Vacancies shall be
filled for the unexpired terms. The council shall advise the director on matters affecting
the licensing of centers and type A homes and the certification
of type B homes and in-home aides. The council shall make an
annual report to the director concerning the licensing,
certification, and regulation program, the provision of publicly
funded child day-care by border state child day-care providers, and
the council's
recommendations concerning such the regulation program and
border state child day-care providers. Copies of the report
shall be provided to the director, governor, speaker and minority leader of
the house of representatives, and the president and minority leader of the
senate and, on request, made available to the public upon
request. Members of the council shall serve without compensation but
shall be reimbursed for necessary expenses. Sec. 5104.31. Publicly funded child day-care may be provided
only by a the following: (A) A child
day-care center or type A family day-care home, including a parent
cooperative child day-care center or parent cooperative type A
family day-care home, licensed by the
department of
human services pursuant to section 5104.03 of the Revised Code,
a; (B) A
type B family
day-care home certified by the county department of human
services pursuant to
section 5104.11 of the Revised Code, a; (C) A type B family day-care home
that has received a limited certification pursuant to rules adopted under
division (G)(1) of section 5104.011 of the Revised Code, an; (D) An in-home aide
who has been
certified by
the county department of human services pursuant to section
5104.12 of the
Revised Code, a; (E) A child day camp approved pursuant to section
5104.22 of the
Revised Code, a; (F) A licensed preschool program, or a; (G) A licensed school
child program; (H) A border state child day-care provider, except that a border
state child day-care provider may provide publicly funded child day-care only
to an individual who resides in an Ohio county that borders the state
in which the provider is located. Sec. 5104.32. (A) Except as provided in division (C)
of this section, all purchases of publicly funded child
day-care shall be made under a contract entered into by a
licensed child day-care center, licensed type A family day-care
home, certified type B family day-care home, certified in-home
aide, approved child day camp, licensed preschool program, or
licensed school child program, or border state child day-care
provider and the county department of human
services. A county department of human services may enter into a
contract with a provider for publicly funded child day-care for a
specified period of time or upon a continuous basis for an
unspecified period of time. All contracts for publicly funded
child day-care shall be contingent upon the availability of state
and federal funds. The department of human services shall
prescribe a standard form to be used for all contracts for the
purchase of publicly funded child day-care, regardless of the
source of public funds used to purchase the child day-care. To
the extent permitted by federal law and notwithstanding any other
provision of the Revised Code that regulates state or county
contracts or contracts involving the expenditure of state,
county, or federal funds, all contracts for publicly funded child
day-care shall be entered into in accordance with the provisions
of this chapter and are exempt from any other provision of the
Revised Code that regulates state or county contracts or
contracts involving the expenditure of state, county, or federal
funds. (B) Each contract for publicly funded child day-care shall
specify at least the following: (1) Except as provided in division (B)(2) of this
section, that the provider of publicly funded child day-care
agrees to be paid for rendering services at the lower of the rate
customarily charged by the provider for children enrolled for
child day-care or the rate of reimbursement
established pursuant to section 5104.30 of the Revised Code; (2) If the provider provides publicly funded child day-care to
caretaker parents who work nontraditional hours, that the
provider is to be paid for rendering services to those caretaker
parents at the rate of reimbursement established pursuant to
section 5104.30 of the Revised
Code regardless of whether that
rate is higher than the rate the provider customarily charges
for children enrolled for child day-care; (3) That, if a provider provides child day-care to an
individual potentially eligible for publicly funded child
day-care who is subsequently determined to be eligible, the
county department agrees to pay for all child day-care provided
between the date the county department receives the individual's
completed application and the date the individual's eligibility
is determined; (4) Whether the county department of human services, the
provider, or a child day-care resource and referral service
organization will make eligibility determinations, whether the
provider or a child day-care resource and referral service
organization will be required to collect information to be used
by the county department to make eligibility determinations, and
the time period within which the provider or child day-care
resource and referral service organization is required to
complete required eligibility determinations or to transmit to
the county department any information collected for the purpose
of making eligibility determinations; (5) That the provider, other than a border state child day-care
provider, shall continue to be licensed,
approved, or certified pursuant to this chapter or sections
3301.52 to 3301.59 of the Revised Code and shall comply with all
standards and other requirements in this chapter and those
sections and in rules adopted pursuant to this chapter or those
sections for maintaining the provider's license, approval, or
certification; (6) That, in the case of a border state child day-care provider, the
provider shall continue to be licensed, certified, or otherwise approved by
the state in
which the provider is located and shall comply with all standards and
other requirements established by that state for maintaining the provider's
license, certificate, or other approval; (7) Whether the provider will be paid by the county
department of human services or the state department of human
services; (7)(8) That the contract is subject to the availability of
state and federal funds.
(C) Unless specifically prohibited by federal law, the
county department of human services shall give individuals
eligible for publicly funded child day-care the option of
obtaining certificates for payment that the individual may use to
purchase services from any provider qualified to provide publicly
funded child day-care under section 5104.31 of the Revised Code.
Providers of publicly funded child day-care may present these
certificates for payment for reimbursement in accordance with
rules that the department of human services shall adopt. Only
providers may receive reimbursement for certificates for payment.
The value of the certificate for payment shall be based on the
lower of the rate customarily charged by the provider or the
rate of reimbursement established pursuant to section
5104.30 of the Revised Code, unless the provider provides
publicly funded child day-care to caretaker parents who work
nontraditional hours, in which case the value of the certificate
for payment for the services to those caretaker parents shall be
based on the rate of reimbursement established pursuant to that
section regardless of whether that rate is higher than the rate
customarily charged by the provider. The county
department may provide the
certificates for payment to the individuals or may contract with
child day-care providers or child day-care resource and referral
service organizations that make determinations of eligibility for
publicly funded child day-care pursuant to contracts entered into
under section 5104.34 of the Revised Code for the providers or
resource and referral service organizations to provide the
certificates for payment to individuals whom they determine are
eligible for publicly funded child day-care. Sec. 5104.35. (A) The county department of human services
shall do all of the following: (1) Accept any gift, grant, or other funds from either
public or private sources offered unconditionally or under
conditions which are, in the judgment of the department, proper
and consistent with this chapter and deposit the funds in the
county public assistance fund established by section 5101.161 of
the Revised Code; (2) Recruit individuals and groups interested in
certification as in-home aides or in developing and operating
suitable licensed child day-care centers, type A family day-care
homes, or certified type B family day-care homes, especially in
areas with high concentrations of recipients of public
assistance, and for that purpose provide consultation to
interested individuals and groups on request; (3) Inform clients of the availability of child day-care
services; (4) Pay to a child day-care center, type A family day-care
home, certified type B family day-care home, in-home aide,
approved child day camp, licensed preschool program, or licensed
school child program, or border state child day-care provider
for child day-care services, the amount
provided for in division (B) of
section 5104.32 of the Revised Code. If part of the cost of care of a
child is paid by the child's parent or any other person, the
amount paid shall be subtracted from the amount the
county
department pays. (5) In accordance with rules adopted pursuant to section
5104.39 of the Revised Code, provide monthly reports to the
director of human services and the director of budget and
management regarding expenditures for the purchase of publicly
funded child day-care. (B) The county department of human services may do any of
the following: (1) To the extent permitted by federal law, use public
child day-care funds to extend the hours of operation of the
county department to accommodate the needs of working caretaker
parents and enable those parents to apply for publicly funded
child day-care; (2) In accordance with rules adopted by the state
department of human services, request a waiver of the maximum
rate of assistance that is established by the state department of
human services pursuant to section 5104.30 of the Revised Code
for the purpose of paying a higher rate for publicly funded child
day-care based upon the special needs of a child, the special
circumstances of a family, or unique child day-care market
conditions; (3) To the extent permitted by federal law, use state and
federal funds to pay deposits and other advance payments that a
provider of child day-care customarily charges all children who
receive child day-care from that provider; (4) To the extent permitted by federal law, pay for up to
thirty days of child day-care for a child whose caretaker parent
is seeking employment, taking part in employment orientation
activities, or taking part in activities in anticipation of
enrollment or attendance in an education or training program or
activity, if the employment or education or training program or
activity is expected to begin within the thirty-day period. Sec. 5104.36. The licensee or administrator of a child
day-care center or type A family day-care home, the authorized
provider of a certified type B family day-care home, the an
in-home
aide providing child day-care services, and the director or
administrator of an approved child day camp, and a border state
child day-care provider shall keep a record
for each eligible child, to be made available to the county
department of human services or the department of human services
on request. The record shall include all of the following: (A) The name and date of birth of the child; (B) The name and address of his the child's caretaker parent; (C) The name and address of the caretaker parent's place
of employment or program of education or training; (D) The hours for which child day-care services have been
provided for the child; (E) Any other information required by the county
department of human services or the state department of human
services. Sec. 5104.38. In addition to any other rules adopted under
this chapter, the department of human services shall adopt rules
in accordance with Chapter 119. of the Revised Code
governing financial and administrative requirements for publicly funded
child day-care and establishing all of the following: (A) Procedures and criteria to be used in making
determinations of eligibility for publicly funded child day-care
that give priority to children of families with lower
incomes and procedures and
criteria for eligibility for publicly funded protective
day-care. The rules shall specify the maximum amount of
income a family may have for initial and continued eligibility. The
maximum amount shall not exceed one hundred eighty-five per cent of the
federal poverty line. (B) Procedures under which a county department of human services may, if
the
department, under division (A) of this section, specifies a maximum
amount of income a family may have for eligibility for publicly funded child
day-care that is less than one hundred eighty-five per cent of the federal
poverty line, specify a maximum amount of income a family residing in the
county the county department serves may have for initial and
continued eligibility for publicly funded child day-care that is
higher than the amount specified by the department but does not exceed one
hundred eighty-five per cent of the federal poverty line; (C) A schedule of fees requiring all eligible
caretaker parents to pay a fee for publicly funded child day-care
according to income and family size, which
shall be uniform for all types of publicly
funded child day-care, except as authorized by rule,
and, to the extent
permitted by federal law, shall permit the use of state and
federal funds to pay the customary deposits and other advance
payments that a provider charges all children who receive child
day-care from that provider; (D) A formula based upon a percentage of the county's
total expenditures for publicly funded child day-care for
determining the maximum amount of state and federal funds
appropriated for publicly funded child day-care that a county
department may use for administrative purposes; (E) Procedures to be followed by the department and county
departments in recruiting individuals and groups to become
providers of child day-care; (F) Procedures to be followed in establishing state or
local programs designed to assist individuals who are eligible
for publicly funded child day-care in identifying the resources
available to them and to refer the individuals to appropriate
sources to obtain child day-care; (G) Procedures to deal with fraud and abuse committed by
either recipients or providers of publicly funded child day-care; (H) Procedures for establishing a child day-care grant or
loan program in accordance with the child care block grant act; (I) Standards and procedures for applicants to apply for
grants and loans, and for the department to make grants and
loans; (J) A definition of "person who stands in loco parentis"
for the purposes of division (HH)(II)(1) of section
5104.01 of the Revised Code; (K) Any other rules necessary to carry out sections
5104.30 to 5104.39 of the Revised Code. SECTION 2 . That existing sections 2151.31, 2151.314, 2151.33, 2151.413,
2151.414, 2151.415, 2151.419, 2151.42, 3107.07, 3107.11, 3107.19, 5104.01,
5104.08, 5104.31,
5104.32, 5104.35, 5104.36, and 5104.38 of the Revised Code are
hereby repealed.
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