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|
As Introduced
123rd General Assembly
Regular Session
1999-2000 | H. B. No. 332 |
REPRESENTATIVES FORD-BARRETT-BEATTY-BENDER-BRITTON-DePIERO-
FLANNERY-GRENDELL-HARTNETT-JERSE-METELSKY-D.MILLER-O'BRIEN-
PATTON-PERRY-PRINGLE-SALERNO-SMITH-SULLIVAN-SULZER-VESPER
A BILL
To amend sections 2151.011, 2151.312, 2151.331, 2151.34, 2151.353,
2151.418, 2151.55, 2151.62, 3313.64, 5101.14, 5101.141, 5103.02,
5103.031, 5103.032, 5103.033, 5123.77, 5153.01, 5153.16,
and 5153.161, to amend for the purpose of adopting new section
numbers as indicated in parentheses sections 2151.418 (5103.0318), 5103.031
(5103.13), 5103.032 (5103.131), and 5103.033 (5103.0317), and to
enact new sections 5103.031, 5103.032, and 5103.033 and sections
5103.034, 5103.035, 5103.036, 5103.037, 5103.038, 5103.039,
5103.0310, 5103.0311, 5103.0312, 5103.0313, 5103.0314, 5103.0315, and
5103.0316 of the Revised Code to establish precertification and continuing
training requirements for foster caregivers and provide for public children
services agencies, private child placing agencies, and private noncustodial
agencies to operate training programs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2151.011, 2151.312, 2151.331, 2151.34,
2151.353, 2151.418, 2151.55, 2151.62, 3313.64, 5101.14, 5101.141,
5103.02, 5103.031, 5103.032, 5103.033, 5123.77, 5153.01,
5153.16, and 5153.161 be amended, sections 2151.418 (5103.0318),
5103.031 (5103.13), 5103.032 (5103.131), and 5103.033 (5103.0317)
be amended for the purpose of adopting new section numbers as
indicated in parentheses, and new sections 5103.031, 5103.032, and
5103.033 and sections 5103.034, 5103.035, 5103.036, 5103.037,
5103.038, 5103.039, 5103.0310, 5103.0311, 5103.0312, 5103.0313,
5103.0314, 5103.0315, and 5103.0316 of the Revised Code be enacted
to read as follows:
Sec. 2151.011. (A) As used in the Revised Code:
(1) "Juvenile court" means the division of the court of
common pleas or a juvenile court separately and independently
created having jurisdiction under this chapter.
(2) "Juvenile judge" means a judge of a court having
jurisdiction under this chapter.
(3) "Private child placing agency" means any association,
as defined in section 5103.02 of the Revised Code, that is
certified pursuant to sections UNDER SECTION 5103.03 to
5103.05 of the Revised Code
to accept temporary, permanent, or legal custody of children
and place the children for either foster care or adoption.
(4) "Private noncustodial agency" means any person,
organization, association, or society certified by the department
of human services that does not accept temporary or permanent
legal custody of children, that is privately operated in this
state, and that does one or more of the following:
(a) Receives and cares for children for two or more
consecutive weeks;
(b) Participates in the placement of children in family
CERTIFIED
foster homes;
(c) Provides adoption services in conjunction with a
public children services agency or private child placing agency.
(B) As used in this chapter:
(1) "Adequate parental care" means the provision by a
child's parent or parents, guardian, or custodian of adequate
food, clothing, and shelter to ensure the child's health and
physical safety and the provision by a child's parent or parents
of specialized services warranted by the child's physical or
mental needs.
(2) "Adult" means an individual who is eighteen years of age or
older.
(3) "Agreement for temporary custody" means a voluntary
agreement authorized by section 5103.15 of the Revised Code
that transfers the temporary custody of a child to a
public children services agency or a private child placing
agency.
(4) "Babysitting care" means care provided for a child
while the parents, guardian, or legal custodian of the child are
temporarily away.
(5) "Certified family foster home" means a family foster
home
operated by persons holding a certificate in force, issued,
AS DEFINED IN SECTION 5103.02 of the Revised Code, CERTIFIED under
section 5103.03 of the Revised Code.
(6)(5)(a) "Child" means a person who is under
eighteen years of age, except as otherwise provided in
divisions (B)(6)(5)(b) to (f) of this
section.
(b) Subject to division (B)(6)(5)(c) of
this section, any person who violates a federal or state law or
municipal ordinance prior to attaining eighteen years of age shall be deemed a
"child" irrespective of that person's age at the time the complaint is filed
or the hearing on the complaint is held.
(c) Any person who, while under
eighteen years of age, commits an act that would be a felony if committed by
an adult and who is not taken into custody or apprehended for that act until
after the person attains twenty-one years of age is not a child in relation to
that act.
(d) Any person whose case is transferred for criminal prosecution
pursuant to division (B) or (C) of section 2151.26 of the
Revised Code shall after the transfer be deemed not to be a
child in the transferred case.
(e) Subject to division (B)(6)(5)(f) of
this section, any person whose case is transferred for
criminal prosecution pursuant to division (B) or (C) of section 2151.26 of
the Revised
Code and who subsequently is convicted of or pleads guilty to a
felony in that case shall after the
transfer be deemed not to be a child in any
case in which the person is
alleged to have committed prior to
or subsequent
to the transfer an act that would be an offense if committed by an adult.
Division (B)(6)(5)(e)
of this section applies to a case regardless of
whether the
prior or subsequent act that is alleged in the case and that would be
an offense if committed by an adult allegedly was committed in the same county
in which
the case was transferred or in another county and regardless of whether the
complaint in the case involved was filed in the same county in which the
case was transferred or in another county. Division
(B)(6)(5)(e) of this section applies to a
case that involves an act committed prior to the transfer only when the
prior act alleged in the case has not been disposed of by a juvenile court or
trial court.
(f) Notwithstanding division (B)(6)(5)(e)
of this section, if a person's case is transferred for criminal prosecution
pursuant to division (B) or (C) of section 2151.26 of the
Revised Code and if the person subsequently is convicted of
or pleads guilty to a felony in that case, thereafter, the person shall be
considered a child solely for the following purposes in relation to any act
the person subsequently commits that would be an offense if committed by an
adult:
(i) For purposes of the filing of a complaint alleging that the
child is a delinquent child for committing the act that would be an offense if
committed by an adult;
(ii) For purposes of the juvenile court conducting a hearing
under division (B) of section 2151.26 of the Revised
Code relative to the complaint described in division
(B)(6)(5)(f)(i) of this section to determine
whether division (B)(1) of section
2151.26 of the Revised Code applies and requires that the
case be transferred for criminal prosecution to the
appropriate court having jurisdiction of the offense.
(7)(6) "Child day camp," "child day-care," "child day-care
center,"
"part-time
child day-care center," "type A family day-care home," "certified
type B family day-care home," "type B home," "administrator
of a
child day-care center," "administrator of a type A family
day-care home," "in-home aide," and "authorized provider" have
the same meanings as in section 5104.01 of the Revised Code.
(8)(7) "Child day-care provider" means an individual who is
a child-care staff member or administrator of a child day-care
center, a type A family day-care home, or a type B family
day-care home, or an in-home aide or an individual who is
licensed, is regulated, is approved, operates under the direction
of, or otherwise is certified by the department of human
services, department of mental retardation and developmental
disabilities, or the early childhood programs of the department
of education.
(9)(8) "Commit" means to vest custody as ordered by the
court.
(10)(9) "Counseling" includes both of the following:
(a) General counseling services performed
by a public children services agency or shelter
for victims of domestic violence to assist a child, a child's
parents, and a child's siblings in alleviating identified problems
that may
cause or have caused the child to be an abused, neglected, or
dependent child.
(b) Psychiatric or
psychological therapeutic counseling services
provided to correct or alleviate any mental or
emotional illness or disorder and performed by a licensed psychiatrist,
licensed psychologist, or a person licensed
under Chapter 4757. of the Revised Code
to engage in social work or professional counseling.
(11)(10) "Custodian" means a person who has legal custody of
a
child or a public children services agency or private child
placing agency that has permanent, temporary, or legal custody of
a child.
(12)(11) "Detention" means the temporary care of children
pending court adjudication or disposition, or execution of a court order, in a
public or private facility designed to physically restrict the movement and
activities of children.
(13)(12) "Developmental disability" has the same meaning as
in
section 5123.01 of the Revised Code.
(14) "Family foster home" means a private residence in
which children are received apart from their parents, guardian,
or legal custodian by an individual for hire, gain, or reward for
nonsecure care, supervision, or training twenty-four hours a day.
"Family foster home" does not include babysitting care provided
for a child in the home of a person other than the home of the
parents, guardian, or legal custodian of the child.
(15) "Foster home" means a family home in which any child
is received apart from the child's parents for care, supervision,
or
training.
(16)(13) "Guardian" means a person, association, or
corporation that is granted authority by a probate court pursuant
to Chapter 2111. of the Revised Code to exercise parental rights
over a child to the extent provided in the court's order and
subject to the residual parental rights of the child's parents.
(17)(14) "Legal custody" means a legal status that vests in
the custodian the right to have physical care and control of the
child and to determine where and with whom the child shall live, and
the
right and duty to protect, train, and discipline the child and to
provide the child with food, shelter, education, and medical care,
all
subject to any residual parental rights, privileges, and
responsibilities. An individual granted legal custody shall
exercise the rights and responsibilities personally unless
otherwise authorized by any section of the Revised Code or by the
court.
(18)(15) "Mental illness" and "mentally ill person subject
to
hospitalization by court order" have the same meanings as in
section 5122.01 of the Revised Code.
(19)(16) "Mental injury" means any behavioral, cognitive,
emotional, or mental disorder in a child caused by an act or omission that
is described in section 2919.22 of the Revised Code and is
committed by the parent or other person
responsible for the child's care.
(20)(17) "Mentally retarded person" has the same meaning as
in
section 5123.01 of the Revised Code.
(21)(18) "Nonsecure care, supervision, or training" means
care, supervision, or training of a child in a facility that does
not confine or prevent movement of the child within the facility
or from the facility.
(22)(19) "Organization" means any institution, public,
semipublic, or private, and any private association, society, or
agency located or operating in the state, incorporated or
unincorporated, having among its functions the furnishing of
protective services or care for children, or the placement of
children in CERTIFIED foster homes or elsewhere.
(23)(20) "Out-of-home care" means detention facilities,
shelter facilities, foster homes, certified foster homes,
placement in a prospective adoptive home prior to the issuance of
a final decree of adoption, organizations, certified
organizations, child day-care centers, type A family day-care
homes, child day-care provided by type B family day-care home
providers and by in-home aides, group home providers, group
homes, institutions, state institutions, residential facilities,
residential care facilities, residential camps, day camps,
hospitals, and medical clinics that are responsible for the care,
physical custody, or control of children.
(24)(21) "Out-of-home care child abuse" means any of the
following when committed by a person responsible for the care of
a child in out-of-home care:
(a) Engaging in sexual activity with a child in the person's
care;
(b) Denial to a child, as a means of punishment, of proper
or necessary subsistence, education, medical care, or other care
necessary for a child's health;
(c) Use of restraint procedures on a child that cause
injury or pain;
(d) Administration of prescription drugs or psychotropic
medication to the child without the written approval and ongoing
supervision of a licensed physician;
(e) Commission of any act, other than by accidental means,
that results in any injury to or death of the child in out-of-home
care or commission of any act by accidental means that results in
an injury to or death of a child in out-of-home care and that is
at variance with the history given of the injury or death.
(25)(22) "Out-of-home care child neglect" means any of the
following when committed by a person responsible for the care of
a child in out-of-home care:
(a) Failure to provide reasonable supervision according to
the standards of care appropriate to the age, mental and physical
condition, or other special needs of the child;
(b) Failure to provide reasonable supervision according to
the standards of care appropriate to the age, mental and physical
condition, or other special needs of the child, that results in sexual or
physical abuse of the child by any person;
(c) Failure to develop a process for all of the following:
(i) Administration of prescription drugs or psychotropic
drugs for the child;
(ii) Assuring that the instructions of the licensed
physician who prescribed a drug for the child are followed;
(iii) Reporting to the licensed physician who prescribed
the drug all unfavorable or dangerous side effects from the use
of the drug.
(d) Failure to provide proper or necessary subsistence,
education, medical care, or other individualized care necessary
for the health or well-being of the child;
(e) Confinement of the child to a locked room without
monitoring by staff;
(f) Failure to provide ongoing security for all
prescription and nonprescription medication;
(g) Isolation of a child for a period of time when there
is substantial risk that the isolation, if continued, will impair
or retard the mental health or physical well-being of the child.
(26)(23) "Permanent custody" means a legal status that vests
in a public children services agency or a private child placing
agency, all parental rights, duties, and obligations, including
the right to consent to adoption, and divests the natural parents
or adoptive parents of all parental rights, privileges,
and obligations, including all residual rights and obligations.
(27) "Planned permanent living arrangement"
means an order of a
juvenile court pursuant to which both of the following apply:
(a) The court gives legal custody of a child to a public children
services agency or a private child placing agency without the termination of
parental rights.
(b) The order permits the agency to make an appropriate placement
of
the child and to enter into a written
agreement with a foster care provider or with another person or agency with
whom the child is placed.
(28)(24) "Permanent surrender" means the act of the parents
or, if a child has only one parent, of the parent of a child, by
a voluntary agreement authorized by section 5103.15
of the Revised Code, to transfer the permanent custody of the child to a
public children services agency or a private child placing
agency.
(29)(25) "Person responsible for a child's care in
out-of-home
care" means any of the following:
(a) Any foster parent, in-home aide, or provider;
(b) Any administrator, employee, or agent of any of the
following: a public or private detention facility; shelter
facility; organization; certified organization; child day-care
center; type A family day-care home; certified type B family
day-care home; group home; institution; state institution;
residential facility; residential care facility; residential
camp; day camp; hospital; or medical clinic;
(c) Any other person who performs a similar function with
respect to, or has a similar relationship to, children.
(30)(26) "Physically impaired" means having one or more of
the following conditions that substantially limit one or more of
an individual's major life activities, including self-care,
receptive and expressive language, learning, mobility, and self-direction:
(a) A substantial impairment of vision, speech, or hearing;
(b) A congenital orthopedic impairment;
(c) An orthopedic impairment caused by disease,
rheumatic fever or any other similar chronic or acute health
problem, or amputation or another similar cause.
(31)(27) "Placement for adoption" means the arrangement by a
public children services agency or a private child placing agency
with a person for the care and adoption by that person of a child
of whom the agency has permanent custody.
(32)(28) "Placement in foster care" means the
arrangement by a public children services agency or a private child placing
agency for the out-of-home care of a child of whom the agency has
temporary custody or permanent custody.
(33)(29) "PLANNED PERMANENT LIVING ARRANGEMENT"
MEANS AN ORDER OF A
JUVENILE COURT PURSUANT TO WHICH BOTH OF THE FOLLOWING APPLY:
(a) THE COURT GIVES LEGAL CUSTODY OF A CHILD TO A PUBLIC CHILDREN
SERVICES AGENCY OR A PRIVATE CHILD PLACING AGENCY WITHOUT THE TERMINATION OF
PARENTAL RIGHTS.
(b) THE ORDER PERMITS THE AGENCY TO MAKE AN APPROPRIATE PLACEMENT
OF
THE CHILD AND TO ENTER INTO A WRITTEN
AGREEMENT WITH A FOSTER CARE PROVIDER OR WITH ANOTHER PERSON OR AGENCY WITH
WHOM THE CHILD IS PLACED.
(30) "Practice of social work" and "practice of professional
counseling" have the same meanings as in section 4757.01
of the Revised Code.
(34)(31) "Probation" means a legal status created by court
order following an adjudication that a child is a delinquent child, a
juvenile traffic offender, or an unruly child, whereby the child is
permitted to remain in the parent's, guardian's, or custodian's
home subject to supervision, or under the supervision of any
agency designated by the court and returned to the court for
violation of probation at any time during the period of
probation.
(35)(32) "Protective supervision" means an order of
disposition pursuant to which the court permits an abused,
neglected, dependent, unruly, or delinquent child or a juvenile
traffic offender to remain in the custody of the child's parents,
guardian, or custodian and stay in the child's home, subject to any
conditions and limitations upon the child, the
child's parents,
guardian,
or custodian, or any other person that the court prescribes,
including supervision as directed by the court for the protection
of the child.
(36)(33) "Psychiatrist" has the same meaning as in section
5122.01 of the Revised Code.
(37)(34) "Psychologist" has the same meaning as in section
4732.01 of the Revised Code.
(38)(35) "Residential camp" means a program in which the
care, physical
custody, or control of
children is accepted overnight for recreational or recreational and
educational purposes.
(39)(36) "Residential care facility" means an institution,
residence, or facility that is licensed by the department of
mental health under section 5119.22 of the Revised Code and that
provides care for a child.
(40)(37) "Residential facility" means a home or facility that
is licensed by the department of mental retardation and
developmental disabilities under section 5123.19 of the Revised Code
and in which a child with a developmental disability
resides.
(41)(38) "Residual parental rights, privileges, and
responsibilities" means those rights, privileges, and
responsibilities remaining with the natural parent after the
transfer of legal custody of the child, including, but not
necessarily limited to, the privilege of reasonable visitation,
consent to adoption, the privilege to determine the child's
religious affiliation, and the responsibility for support.
(42)(39) "Secure correctional facility" means a facility
under the direction of the department of youth services that is designed to
physically restrict the movement and activities of children and used for the
placement of children after adjudication and disposition.
(43)(40) "Sexual activity" has the same meaning as in section
2907.01 of the Revised Code.
(44)(41) "Shelter" means the temporary care of children in
physically unrestricted facilities pending court adjudication or
disposition.
(45)(42) "Shelter for victims of domestic violence" has the
same meaning as in section 3113.33 of the Revised Code.
(46)(43) "Temporary custody" means legal custody of a child
who is removed from the child's home, which custody may be
terminated at
any time at the discretion of the court or, if the legal custody
is granted in an agreement for temporary custody, by the person
who executed the agreement.
(C) For the purposes of this chapter, a child shall be presumed
abandoned when the parents of the child have failed to visit or maintain
contact with the child for more than ninety days, regardless of whether the
parents resume contact with the child after that period of
ninety days.
Sec. 2151.312. (A) Except as provided in divisions (B)
and (F) of this section, a child alleged to be or adjudicated a delinquent
child, an unruly child, or a juvenile traffic offender may be
held only in the following places:
(1) A certified family foster home or a home approved by
the court;
(2) A facility operated by a certified child welfare
agency;
(3) Any other suitable place designated by the court.
(B) In addition to the places listed in division (A) of
this section, a child alleged to be or adjudicated a delinquent child may be
held in a detention home or center for delinquent children that is under the
direction or supervision of the court or other public authority or of a
private agency and approved by the court.
(C)(1) Except as provided under division (C)(1) of section
2151.311 of the Revised Code or division (A)(6) of section 2151.356 of the
Revised Code, a child
alleged to be or adjudicated a neglected child, an abused child, a dependent
child, an unruly child, or a juvenile traffic offender may not be held in any
of the following facilities:
(a) A state correctional institution, county,
multicounty, or
municipal jail or workhouse, or other place in which an adult convicted of
crime, under arrest, or charged with a crime is held.
(b) A secure correctional facility.
(2) Except as provided under sections 2151.56 to 2151.61 and division
(A)(6) of section 2151.356 of the Revised Code and division (C)(3) of this
section, a child alleged to be or adjudicated an unruly child or a juvenile
traffic offender may not be held for more than twenty-four hours in a
detention home. A child alleged to be or adjudicated a neglected child, an
abused child, or a dependent child shall not be held in a detention home.
(3) A child who is alleged to be or who is adjudicated an unruly child and
who is taken into custody on a Saturday,
Sunday, or legal holiday, as listed in section 1.14 of the Revised Code, may
be held in a detention home until the next succeeding day that is not a
Saturday, Sunday, or legal holiday.
(D) Except as provided in division (F) of this section or
in division (C) of section 2151.311, in division (C)(2) of
section 5139.06 and
section 5120.162, or in division (B) of section 5120.16 of
the Revised Code, a child who is alleged to be or is
adjudicated a delinquent child may not be held in a state
correctional institution, county, multicounty, or municipal jail
or workhouse, or other place where an adult convicted of crime,
under arrest, or charged with crime is held.
(E) Unless the detention is pursuant to division (F) of
this section or division (C) of
section 2151.311, division (C)(2) of section 5139.06 and
section
5120.162, or division (B) of section 5120.16 of the Revised Code, the official
in charge of the
institution, jail, workhouse, or other facility shall inform the
court immediately when a child, who is or appears to be under the
age of eighteen years, is received at the facility, and shall
deliver the child to the court upon request or transfer the child to a
detention facility designated by the court.
(F) If a case is transferred to another court for criminal
prosecution pursuant to section 2151.26 of the Revised Code, the
child may be transferred for detention pending the criminal
prosecution in a jail or other facility in accordance with the
law governing the detention of persons charged with crime. Any
child so held shall be confined in a manner that keeps the child beyond the
range of touch of all adult detainees. The child shall
be supervised at all times during the detention.
Sec. 2151.331. A child alleged to be or adjudicated an abused, neglected,
dependent, or unruly child or a juvenile traffic offender
may be detained after a complaint is filed in a certified family foster
home
for a period not exceeding sixty days or until the final
disposition of the case, whichever comes first. The court also may arrange
with a public children services agency or private child placing
agency to receive, or with a private noncustodial agency for temporary care
of, the child within the jurisdiction of the court. A child alleged to be or
adjudicated an unruly child also may be assigned to an alternative
diversion program established by the court for a period not exceeding sixty
days after a complaint is filed or until final disposition of the case,
whichever comes first.
If the court arranges for the board of a child temporarily detained in a
certified family foster home or arranges for the board of a child
through a
private
child placing agency, the board of county commissioners shall pay a reasonable
sum, which the court shall fix, for the board of the child. In order to have
certified family foster homes available for service, an agreed monthly
subsidy
may be paid in addition to a fixed rate per day for care of a child actually
residing in the certified family foster home.
Sec. 2151.34. A child who is alleged to be or adjudicated a delinquent
child may be confined
in a place of juvenile detention for a period not to exceed
ninety days, during which time a social history may be prepared
to include court record, family history, personal history, school
and attendance records, and any other pertinent studies and
material that will be of assistance to the juvenile court in its
disposition of the charges against that juvenile offender.
Upon the advice and recommendation of the judge, the board
of county commissioners shall provide, by purchase, lease,
construction, or otherwise, a place to be known as a detention
home that shall be within a convenient distance of the juvenile
court and shall not be used for the confinement of adults charged
with criminal offenses and in which delinquent children may be detained until
final disposition. Upon the
joint advice and recommendation of the juvenile judges of two or
more adjoining or neighboring counties, the boards of county
commissioners of the counties shall form themselves into a joint
board and proceed to organize a district for the establishment
and support of a detention home for the use of the juvenile
courts of those counties, in which delinquent children may
be detained until final disposition, by using a site or buildings
already established in one of the counties or by providing for
the purchase of a site and the erection of the necessary
buildings on the site.
A child who is adjudicated to be a juvenile traffic
offender for having committed a violation of division (A) of
section 4511.19 of the Revised Code or of a municipal ordinance
that is substantially comparable to that division may be confined
in a detention home or district detention home pursuant to
division (A)(6) of section 2151.356 of the Revised Code, provided
the child is kept separate and apart from alleged delinquent children.
The county or district detention home shall be maintained
as provided in sections 2151.01 to 2151.54 of the Revised Code.
In any county in which there is no detention home or that is not
served by a district detention home, the board of county
commissioners shall provide funds for the boarding of such
children temporarily in private homes. Children who are alleged
to be or have been adjudicated delinquent children may be detained after a
complaint is filed in the detention home until final disposition of
their cases or in certified family foster homes or in any other
home approved by the court, if any are available, for
a period not exceeding sixty days or until final disposition of their cases,
whichever comes first. The court also may arrange with any public
children services agency or private child placing agency to
receive, or private noncustodial agency for temporary care of, the
children within the jurisdiction of the court. A district
detention home approved for such purpose by the department of
youth services under section 5139.281 of the Revised Code may
receive children committed to its temporary custody under section
2151.355 of the Revised Code and provide the care, treatment, and
training required.
If a detention home is established as an agency of the
court or a district detention home is established by the courts
of several counties as provided in this section, it shall be
furnished and carried on, as far as possible, as a family home in
charge of a superintendent or matron in a nonpunitive neutral
atmosphere. The judge, or the directing board of a district
detention home, may appoint a superintendent, a matron, and other
necessary employees for the home and fix their salaries. During
the school year, when possible, a comparable educational program
with competent and trained staff shall be provided for those
children of school age. A sufficient number of trained
recreational personnel shall be included among the staff to
assure wholesome and profitable leisure-time activities. Medical
and mental health services shall be made available to ensure the
courts all possible treatment facilities shall be given to those
children placed under their care. In the case of a county
detention home, the salaries shall be paid in the same manner as
is provided by section 2151.13 of the Revised Code for other
employees of the court, and the necessary expenses incurred in
maintaining the detention home shall be paid by the county. In
the case of a district detention home, the salaries and the
necessary expenses incurred in maintaining the district detention
home shall be paid as provided in sections 2151.341 to 2151.3415
of the Revised Code.
If the court arranges for the board of children temporarily
detained in family CERTIFIED foster homes or arranges for the
board of
those children through any private child placing agency, a
reasonable sum to be fixed by the court for the board of those
children shall be paid by the county. In order to have family
CERTIFIED
foster homes available for service, an agreed monthly subsidy may
be paid and a fixed rate per day for care of children actually
residing in the family CERTIFIED foster home.
Sec. 2151.353. (A) If a child is adjudicated an abused,
neglected, or dependent child, the court may make any of the
following orders of disposition:
(1) Place the child in protective supervision;
(2) Commit the child to the temporary custody of a public
children services agency, a private child placing agency, either
parent, a relative residing within or outside the state, or a
probation officer for placement in a certified family foster
home or in any other home approved by the court;
(3) Award legal custody of the child to either parent or
to any other person who, prior to the dispositional hearing,
files a motion requesting legal custody of the child;
(4) Commit the child to the permanent custody of a public
children services agency or private child placing agency, if the
court determines in accordance with division (E) of section
2151.414 of the Revised Code 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 section 2151.414 of the Revised Code that the
permanent commitment is in the best interest of the child. If
the court grants permanent custody 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.
(5) Place the child in a planned
permanent living arrangement with a
public children services agency or private child placing agency,
if a public children services agency or private child placing
agency requests the court to place the child in a planned permanent living
arrangement and if the court
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 to the
child, is unwilling to accept or unable to adapt to a permanent placement,
and is in an agency program preparing the child for independent living.
(6) Order the removal from the child's
home until further order of the court of the person who committed
abuse as described in section 2151.031 of the Revised
Code against the child, who caused or allowed the child
to suffer neglect as described in section 2151.03 of the
Revised Code, or who is the parent, guardian,
or custodian of a child who is adjudicated a dependent child and
order any person not to have contact with the child or the
child's siblings.
(B) No order for permanent custody or temporary custody of
a child or the placement of a child in a
planned permanent living arrangement
shall be made pursuant to this section unless the complaint
alleging the abuse, neglect, or dependency contains a prayer
requesting permanent custody, temporary custody, or the placement
of the child in a planned permanent living
arrangement as desired, the summons
served on the parents of the child contains as is appropriate a
full explanation that the granting of an order for permanent
custody permanently divests them of their parental rights, a full
explanation that an adjudication that the child is an abused,
neglected, or dependent child may result in an order of temporary
custody that will cause the removal of the child from their legal
custody until the court terminates the order of temporary custody
or permanently divests the parents of their parental rights, or a
full explanation that the granting of an order for a planned permanent living
arrangement
will result in the removal of the child from their
legal custody if any of the conditions listed in divisions
(A)(5)(a) to (c) of this section are found to exist, and the
summons served on the parents contains 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.
If after making disposition as authorized by division
(A)(2) of this section, a motion is filed that requests permanent
custody of the child, the court may grant permanent custody of
the child to the movant in accordance with section 2151.414 of
the Revised Code.
(C) If the court issues an order for protective
supervision pursuant to division (A)(1) of this section, the
court may place any reasonable restrictions upon the child, the
child's parents, guardian, or custodian, or any other person,
including, but not limited to, any of the following:
(1) Order a party, within forty-eight hours after the
issuance of the order, to vacate the child's home indefinitely or
for a specified period of time;
(2) Order a party, a parent of the child, or a physical
custodian of the child to prevent any particular person from
having contact with the child;
(3) Issue an order restraining or otherwise controlling
the conduct of any person which conduct would not be in the best
interest of the child.
(D) As part of its dispositional order, the court shall
journalize a case plan for the child. The journalized case plan
shall not be changed except as provided in section 2151.412 of
the Revised Code.
(E)(1) The court shall retain jurisdiction over any child
for whom the court issues an order of disposition pursuant to
division (A) of this section or pursuant to section 2151.414 or
2151.415 of the Revised Code until the child attains the age of
eighteen YEARS if the child is not mentally
retarded, developmentally disabled, or physically impaired,
the child attains the age of twenty-one YEARS if the child is mentally
retarded, developmentally disabled, or
physically impaired, or the child is adopted and a final
decree of adoption is issued, except that the court may retain
jurisdiction over the child and continue any order of disposition
under division (A) of this section or under section 2151.414 or
2151.415 of the Revised Code for a specified period of time to
enable the child to graduate from high school or vocational
school. The court shall make an entry continuing its
jurisdiction under this division in the journal.
(2) Any public children services agency, any private child
placing agency, the department of human services, or any party,
other than any parent whose parental rights with respect to the
child have been terminated pursuant to an order issued under
division (A)(4) of this section, by filing a motion with the
court, may at any time request the court to modify or terminate
any order of disposition issued pursuant to division (A) of this
section or section 2151.414 or 2151.415 of the Revised Code. The
court shall hold a hearing upon the motion as if the hearing were
the original dispositional hearing and shall give all parties to
the action and the guardian ad litem notice of the hearing
pursuant to the Juvenile Rules. If applicable, the court shall comply with
section 2151.42 of the Revised Code.
(F) Any temporary custody order issued pursuant to
division (A) of this section shall terminate 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, except that,
upon the filing of a motion pursuant to section 2151.415 of the
Revised Code, the temporary custody order shall continue and not
terminate until the court issues a dispositional order under that
section.
(G)(1) No later than one year after the earlier of the date the
complaint in the case was filed or the child was first placed in shelter care,
a party may ask the court to extend an order for protective supervision for
six months or to terminate the order. A party requesting extension or
termination of the order shall file a written request for the extension or
termination with the court and give notice of the proposed extension or
termination in writing before the end of the day after the day of filing it to
all parties and the child's guardian ad litem. If a public children services
agency or private child placing agency requests termination of the order, the
agency shall file a written status report setting out the facts supporting
termination of the order at the time it files the request with the court. If
no party requests extension or termination of the order, the court shall
notify the parties that the court will extend the order for six months or
terminate it and that it may do so without a hearing unless one of the parties
requests a hearing. All parties and the guardian ad litem shall have seven
days from the date a notice is sent pursuant to this division to object to and
request a hearing on the proposed extension or termination.
(a) If it receives a timely request for a hearing, the court
shall schedule a hearing to be held no later than thirty days after the
request is received by the court. The court shall give notice of the date,
time, and location of the hearing to all parties and the guardian ad litem.
At the hearing, the court shall determine whether extension or termination of
the order is in the child's best interest. If termination is in the child's
best interest, the court shall terminate the order. If extension is in the
child's best interest, the court shall extend the order for six months.
(b) If it does not receive a timely request for a hearing, the
court may extend the order for six months or terminate it without a hearing
and shall journalize the order of extension or termination not later than
fourteen days after receiving the request for extension or termination or
after the date the court notifies the parties that it will extend or terminate
the order. If the court does not extend or terminate the order, it shall
schedule a hearing to be held no later than thirty days after the expiration
of the applicable fourteen-day time period and give notice of the date, time,
and location of the hearing to all parties and the child's guardian ad litem.
At the hearing, the court shall determine whether extension or termination of
the order is in the child's best interest. If termination is in the child's
best interest, the court shall terminate the order. If extension is in the
child's best interest, the court shall issue an order extending the order for
protective supervision six months.
(2) If the court grants an extension of the order for protective
supervision pursuant to division (G)(1) of this section, a party may,
prior to termination of the extension, file with the court a request for an
additional extension of six months or for termination of the order. The court
and the parties shall comply with division (G)(1) of this section
with respect to extending or terminating the order.
(3) If a court grants an extension pursuant to division (G)(2) of
this section, the court shall terminate the order for protective supervision
at the end of the extension.
(H) The court shall not issue a dispositional order
pursuant to division (A) of this section that removes a child
from the child's home unless the court complies with section 2151.419 of
the
Revised Code and includes in
the dispositional order the findings of
fact required by that section.
(I) If a motion or application for an order
described in division (A)(6) of this section is made,
the court shall not issue the order unless, prior to the issuance
of the order, it provides to the person all of the following:
(1) Notice and a copy of the motion or application;
(2) The grounds for the motion or application;
(3) An opportunity to present evidence and witnesses at a
hearing regarding the motion or application;
(4) An opportunity to be represented by counsel at the
hearing.
(J) The jurisdiction of the court
shall terminate one year after the date of the award or, if the
court takes any further action in the matter subsequent to the
award, the date of the latest further action subsequent to the
award, if the court awards legal custody of a child to either of the
following:
(1) A legal custodian who, at the time of the award of legal custody, resides
in a county of this state other than the county in which the court is located;
(2) A legal custodian who resides in the county in which the court is located
at the time of the award of legal custody, but moves to a different county of
this state prior to one year after the date of the award or, if the court
takes any further action in the matter subsequent to the award, one year after
the date of the latest further action subsequent to the award.
The court in the county in which the legal custodian resides then shall have
jurisdiction in the matter.
Sec. 2151.55. (A) This section shall have no effect on and
after
the date the Supreme
Court adopts, pursuant to its
authority under Section 5 of
Article
IV,
Ohio
Constitution, rules governing
procedure in the juvenile courts of the state that address the
placement of a child in a CERTIFIED foster home in a county other than
the
county in which the child resided at the time of being removed
from home.
(B) Prior to placing a
child in a CERTIFIED foster home in a county other than the county in
which the child resided at the time of being removed from home,
the private or government entity responsible for the placement
shall communicate directly with all of the following and notify
them of the intended placement: the intended foster caregiver,
the juvenile court of the county in which the CERTIFIED foster home is
located, and, if the child will attend the schools of the
district in which the CERTIFIED foster home is located, the school
district's board of education. The private or government entity
shall provide any information it has in its possession
concerning the reasons the child is being placed in the CERTIFIED
foster
home if that information may be disclosed under federal and
state law.
(C) If a child is placed
in a CERTIFIED foster home in a county other than the county in which
the child
resided at the time the child was removed from home, the
superintendent of the school district in which the child resides
in a CERTIFIED foster home may file, in the juvenile court of the
county in
which the school district is located, a complaint requesting
that the child be removed from the county because the child is
causing a significant and unreasonable disruption to the
educational process in the school the child is attending.
(D) The court shall hold a hearing as soon as
possible, but no later than thirty days after the complaint is
filed. No later than five days before the date on which the
court hearing is to be held, the court shall send to the entity
that placed the child in a CERTIFIED foster home in the county and to
the
superintendent written notice by first class mail of the date,
time, place, and purpose of the court hearing. The hearing
shall be limited to determining whether the child is causing a
significant and unreasonable disruption to the educational
process. At the conclusion of the hearing, the court shall
determine whether the child is causing such a disruption. If
the court determines the child is causing such a disruption, the
court shall order the entity that placed the child in a CERTIFIED
foster home in the
county to remove the child from the county. If the
court determines the child is not causing such a disruption, the
court shall dismiss the complaint.
(E) If the court orders
the removal of a child, the court shall send written notice of
the removal order to the juvenile court that journalized a case
plan as part of its dispositional order pursuant to section
2151.35 of the Revised
Code or issued any order
pursuant to Chapter 2151. of
the Revised
Code requiring placement of the
child in a CERTIFIED foster home in the county from which the child is
ordered removed. On receipt of the removal notice, the juvenile
court receiving the removal notice shall enter the notice on its
journal and shall do one of the following:
(1) If a case plan was journalized as part of the
dispositional order, the court shall schedule a hearing under
section 2151.417 of the Revised
Code to be held no later than
ten days after the removal notice was received. The court shall
give notice of the date, time, and location of the hearing to
all parties and the guardian ad litem. At the hearing, the
court shall make appropriate changes to the case plan consistent
with the removal order and journalize the case plan.
(2) If no case plan was journalized as part of the
dispositional order, the court shall immediately issue a new
order concerning the child's placement pursuant to
Chapter 2151. of the
Revised
Code that is consistent with
the removal order.
(F) This section does
not affect the jurisdiction of a court with respect to a child
for which the court issued a dispositional order pursuant to
Chapter 2151. of the Revised Code.
Sec. 2151.62. (A) This section applies only to a child who is or
previously has been adjudicated a delinquent child for an act to which any of
the following applies:
(1) It is a violation of section 2903.01, 2903.02, 2903.03, 2903.04,
2903.11, 2903.12, 2903.13, 2907.02, 2907.03, or 2907.05 of the Revised Code;
(2) It is a violation of section 2923.01 of the
Revised Code and involved an attempt to
commit aggravated murder or murder;
(3) It would be a felony if committed by an adult and the
court determined that the child, if an adult, would be guilty of
a specification found in section 2941.141, 2941.144, or 2941.145
of the Revised Code or in another section of the
Revised Code that relates to the possession or use of a
firearm, as defined in section 2923.11 of the Revised Code,
during the commission of the act for which the child was adjudicated a
delinquent child.
(B)(1) Except as provided in division (E) of this
section,
a public children services agency, private child placing
agency, private noncustodial agency, or court, the department of youth
services, or another private or government entity shall not place a child in a
CERTIFIED foster home until it provides the foster caregivers with all
of the
following:
(a) A written report describing the child's social history;
(b) A written report describing all the acts committed by the
child
the entity knows of that
resulted in the child being adjudicated a delinquent child and
the disposition made by the court, unless the records pertaining
to the acts have been sealed pursuant to section 2151.358 of the
Revised Code;
(c) A written report describing any other violent act committed
by the
child of which the entity is aware;
(d) The substantial and material conclusions and recommendations
of any
psychiatric or psychological examination conducted
on the child or, if no psychological or psychiatric examination of the child
is available, the substantial and material conclusions and recommendations of
an examination to detect mental and emotional disorders conducted in
compliance with the requirements of Chapter 4757. of the Revised Code by an
independent social worker, social worker, professional clinical counselor, or
professional counselor licensed under that chapter. The entity shall not
provide any part of a psychological, psychiatric, or mental and emotional
disorder examination to the foster caregivers other than the substantial and
material conclusions.
(2) Notwithstanding section 2151.358 of the Revised
Code, if records of an adjudication that a child is a delinquent
child have been sealed pursuant to that section and an entity knows the
records have been sealed, the entity shall provide the foster caregivers a
written statement that the records of a prior adjudication have been sealed.
(C) The entity that places
the child in a CERTIFIED foster home shall conduct a psychological
examination of the
child, except that the entity is not required to conduct the examination if
such an examination was conducted no more than one year prior to the child's
placement. No later than sixty days after placing the child, the entity shall
provide the foster
caregiver a written report detailing the substantial and material conclusions
and recommendations of the examination conducted
pursuant to this division.
(D)(1) Except as provided in divisions (D)(2) and (3) of
this
section, the expenses of conducting the examinations and preparing the reports
and assessment required by division (B) or (C) of this
section shall be paid by the entity that places the child in the
CERTIFIED foster home.
(2) When a juvenile court grants temporary or permanent custody of a child
pursuant to any section of the Revised Code, including section 2151.33,
2151.353, 2151.354,
or 2151.355 of the Revised Code, to a public children services agency or
private
child placing agency, the
court shall provide the agency the information described in division
(B) of this
section, pay the expenses of preparing that information, and, if a new
examination is required to be conducted, pay the expenses of
conducting the examination described in division (C) of this section.
On receipt of the information described in division (B) of this
section, the agency shall provide to the court written acknowledgment that the
agency received the information. The court shall keep the acknowledgment and
provide a copy to the agency. On the motion of the agency, the court may
terminate the order granting
temporary or permanent custody of the child to that agency, if the court does
not provide the information described in division (B) of this
section.
(3) If one of the following entities is placing a child in a CERTIFIED
foster home
with the assistance of or by contracting with a public children services
agency, private child placing agency, or a private noncustodial agency, the
entity shall provide the agency with the information described in division
(B) of this section, pay the expenses of preparing that information,
and, if a new examination is required to be conducted, pay the expenses of
conducting the examination described in division (C) of this
section:
(a) The department of youth services if the placement is pursuant
to any section of the Revised Code including section 2151.38, 5139.06,
5139.07, 5139.38, or
5139.39 of the Revised Code;
(b) A juvenile court with temporary or permanent custody of a
child pursuant to section 2151.354 or 2151.355 of the Revised Code;
(c) A public children services agency or private child placing
agency with temporary or permanent custody of the child.
The agency receiving the information described in division (B) of
this section shall provide the entity
described in division (D)(3)(a) to (c)
of this section that sent the information written acknowledgment that the
agency received
the information and provided it to the foster caregivers. The entity shall
keep the acknowledgment and provide a copy
to the agency. An entity that
places a child in a CERTIFIED foster home with the assistance of or by
contracting with an agency remains responsible to provide the
information described in division
(B) of this section to the
foster caregivers unless the entity receives written
acknowledgment that the agency provided the information.
(E) If a child is placed
in a CERTIFIED foster home as a result of an emergency removal of the
child from home pursuant to division
(D) of section 2151.31 of the
Revised Code, an emergency change in
the child's case plan pursuant to division
(E)(3) of section 2151.412 of
the Revised Code, or an emergency placement by the
department of youth services pursuant to this chapter or Chapter
5139. of the Revised Code, the entity that places the child
in the CERTIFIED foster
home shall provide the information described in division
(B) of this section no later
than ninety-six hours after the child is placed in the CERTIFIED foster
home.
(F) On receipt of the information described in divisions
(B) and (C) of this section, the foster caregiver shall
provide to the entity that places the child in the foster caregiver's home a
written acknowledgment that the foster caregiver received the information.
The
entity shall keep the acknowledgment and provide a copy to the foster
caregiver.
(G) No person employed by an entity subject to this section
and made responsible by that entity for the child's placement in a
CERTIFIED foster home
shall
fail to provide the foster caregivers with the information
required by divisions (B) and
(C) of this section.
(H) It is not a violation of any duty of
confidentiality provided for in the
Revised
Code or a code of professional
responsibility for a person or government entity to provide the
substantial and material conclusions and recommendations of a
psychiatric or psychological examination, or an examination to
detect mental and emotional disorders, in accordance with
division (B)(1)(d) or
(C) of this section.
Sec. 3313.64. (A) As used in this section and in section
3313.65 of the Revised Code:
(1) "Parent" means either parent, unless the parents are
separated or divorced or their marriage has been dissolved or
annulled, in which case "parent" means the parent who is the
residential parent and legal custodian of the child. When a
child is in the legal custody of a government agency or a person
other than the child's natural or adoptive parent, "parent" means
the parent with residual parental rights, privileges, and
responsibilities. When a child is in the permanent custody of a
government agency or a person other than the child's natural or
adoptive parent, "parent" means the parent who was divested of parental
rights and responsibilities for the care of the child and the
right to have the child live with the parent and be the legal
custodian
of the child and all residual parental rights, privileges, and
responsibilities.
(2) "Legal custody," "permanent custody," and "residual
parental rights, privileges, and responsibilities" have the same
meanings as in section 2151.011 of the Revised Code.
(3) "School district" or "district" means a city, local,
or exempted village school district and excludes any school
operated in an institution maintained by the department of youth
services.
(4) Except as used in division (C)(2) of this section,
"home" means a home, institution, family foster home, group home,
or other residential facility in this state that receives and
cares for children, to which any of the following applies:
(a) The home is licensed, certified, or approved for such
purpose by the state or is maintained by the department of youth
services.
(b) The home is operated by a person who is licensed,
certified, or approved by the state to operate the home for such
purpose.
(c) The home accepted the child through a placement by a
person licensed, certified, or approved to place a child in such
a home by the state.
(d) The home is a children's home created under section
5153.21 or 5153.36 of the Revised Code.
(5) "Agency" means all of the following:
(a) A public children services agency;
(b) An organization that holds a certificate issued by the
Ohio department of human services in accordance with the
requirements of section 5103.03 of the Revised Code and assumes
temporary or permanent custody of children through commitment,
agreement, or surrender, and places children in family homes for
the purpose of adoption;
(c) Comparable agencies of other states or countries that
have complied with applicable requirements of section 2151.39, or
sections 5103.20 to 5103.28 of the Revised Code.
(6) A child is placed for adoption if either of the
following occurs:
(a) An agency to which the child has been permanently
committed or surrendered enters into an agreement with a person
pursuant to section 5103.06 of the Revised Code for the care and
adoption of the child.
(b) The child's natural parent places the child pursuant
to section 5103.16 of the Revised Code with a person who will
care for and adopt the child.
(7) "Handicapped preschool child" means a handicapped
child, as defined by division (A) of section 3323.01 of the
Revised Code, who is at least three years of age but is not of
compulsory school age, as defined in section 3321.01 of the
Revised Code, and who has not entered kindergarten.
(8) "Child," unless otherwise indicated, includes
handicapped preschool children.
(B) Except as otherwise provided in section 3321.01 of the
Revised Code for admittance to kindergarten and first grade, a
child who is at least five but under twenty-two years of age and
any handicapped preschool child shall be admitted to school as
provided in this division.
(1) A child shall be admitted to the schools of the school
district in which the child's parent resides.
(2) A child who does not reside in the district where
the child's parent resides shall be admitted to the schools of the
district
in which the child resides if any of the following applies:
(a) The child is in the legal or permanent custody of a
government agency or a person other than the child's natural
or adoptive
parent.
(b) The child resides in a home.
(c) The child requires special education.
(3) A child who is not entitled under division (B)(2) of
this section to be admitted to the schools of the district where
the child resides and who is residing with a resident of this
state with
whom the child has been placed for adoption shall be admitted
to the
schools of the district where the child resides unless either of
the following applies:
(a) The placement for adoption has been terminated.
(b) Another school district is required to admit the child
under division (B)(1) of this section.
Division (B) of this section does not prohibit the board of
education of a school district from placing a handicapped child
who resides in the district in a special education program
outside of the district or its schools in compliance with Chapter
3323. of the Revised Code.
(C) A district shall not charge tuition for children
admitted under division (B)(1) or (3) of this section. If the
district admits a child under division (B)(2) of this section,
tuition shall be paid to the district that admits the child as
follows:
(1) If the child receives special education in accordance
with Chapter 3323. of the Revised Code, tuition shall be paid in
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141
of the Revised Code regardless of who has custody of the child or
whether the child resides in a home.
(2) Except as otherwise provided in division (C)(2)(d) of
this section, if the child is in the permanent or legal custody
of a government agency or person other than the child's parent,
tuition shall be paid by:
(a) The district in which the child's parent resided at
the time the court removed the child from home or at the time
the court vested legal or permanent custody of the child in the
person or government agency, whichever occurred first; or
(b) If the parent's residence at the time the court
removed the child from home or placed the child in the
legal or permanent custody of the person or government agency is unknown,
tuition shall be paid by the district in which the child resided
at the time the child was removed from home or placed in
legal or permanent custody, whichever occurred first; or
(c) If a school district cannot be established under
division (C)(2)(a) or (b) of this section, tuition shall be paid
by the district determined as required by section 2151.357 of the
Revised Code by the court at the time it vests custody of the
child in the person or government agency.;
(d) If at the time the court removed the child from
home or vested legal or permanent custody of the child in the
person or government agency, whichever occurred first, one parent
was in a residential or correctional facility or a juvenile
residential placement and the other parent, if living and not in
such a facility or placement, was not known to reside in this
state, tuition shall be paid by the district determined under
division (D) of section 3313.65 of the Revised Code as the
district required to pay any tuition while the parent was in such
facility or placement.
(3) If the child is not in the permanent or legal custody
of a government agency or person other than the child's
parent and the child
resides in a home, tuition shall be paid by one of the following:
(a) The school district in which the child's parent
resides;
(b) If the child's parent is not a resident of this state,
the home in which the child resides.
(D) Tuition required to be paid under divisions (C)(2) and
(3)(a) of this section shall be computed in accordance with
section 3317.08 of the Revised Code. Tuition required to be paid
under division (C)(3)(b) of this section shall be computed in
accordance with section 3317.081 of the Revised Code. If a home
fails to pay the tuition required by division (C)(3)(b) of this
section, the board of education providing the education may
recover in a civil action the tuition and the expenses incurred
in prosecuting the action, including court costs and reasonable
attorney's fees. If the prosecuting attorney or city director of
law represents the board in such action, costs and reasonable
attorney's fees awarded by the court, based upon the prosecuting
attorney's, director's, or one of their designee's time
spent preparing
and presenting the case, shall be deposited in the county or city
general fund.
(E) A board of education may enroll a child free of any
tuition obligation for a period not to exceed sixty days, on the
sworn statement of an adult resident of the district that the
resident has
initiated legal proceedings for custody of the child.
(F) In the case of any individual entitled to attend
school under this division, no tuition shall be charged by the
school district of attendance and no other school district shall
be required to pay tuition for the individual's attendance.
Notwithstanding division (B), (C), or (E) of this section:
(1) All persons at least eighteen but under twenty-two
years of age who live apart from their parents, support
themselves by their own labor, and have not successfully
completed the high school curriculum or the individualized
education program developed for the person by the high school
pursuant to section 3323.08 of the Revised Code, are entitled to
attend school in the district in which they reside.
(2) Any child under eighteen years of age who is married
is entitled to attend school in the child's district of
residence.
(3) A child is entitled to attend school in the district
in which either of the child's parents is employed if the
child has a
medical condition that may require emergency medical attention. The parent of
a child entitled to attend school under division
(F)(3) of this section shall submit to the board of education of
the district in which the parent is employed a statement from the
child's physician certifying that the child's medical condition
may require emergency medical attention. The statement shall be
supported by such other evidence as the board may require.
(4) Any child residing with a person other than the child's
parent
is entitled, for a period not to exceed twelve months, to attend
school in the district in which that person resides if the
child's parent files an affidavit with the superintendent of the
district in which the person with whom the child is living
resides stating all of the following:
(a) That the parent is serving outside of the state in the
armed services of the United States;
(b) That the parent intends to reside in the district upon
returning to this state;
(c) The name and address of the person with whom the child
is living while the parent is outside the state.
(5) Any child under the age of twenty-two years who, after the
death of a parent, resides in a school district other than the
district in which the child attended school at the time of the
parent's death is entitled to continue to attend school in the
district in which the child attended school at the time of the
parent's death for the remainder of the school year, subject to
approval of that district board.
(6) A child under the age of twenty-two years who resides
with a parent who is having a new house built in a school
district outside the district where the parent is residing is
entitled to attend school for a period of time in the district
where the new house is being built. In order to be entitled to
such attendance, the parent shall provide the district
superintendent with the following:
(a) A sworn statement explaining the situation, revealing
the location of the house being built, and stating the parent's
intention to reside there upon its completion;
(b) A statement from the builder confirming that a new
house is being built for the parent and that the house is at the
location indicated in the parent's statement.
(7) A child under the age of twenty-two years residing with a
parent who has a contract to purchase a house in a school
district outside the district where the parent is residing and
who is waiting upon the date of closing of the mortgage loan for
the purchase of such house is entitled to attend school for a
period of time in the district where the house is being
purchased. In order to be entitled to such attendance, the
parent shall provide the district superintendent with the
following:
(a) A sworn statement explaining the situation, revealing
the location of the house being purchased, and stating the
parent's intent to reside there;
(b) A statement from a real estate broker or bank officer
confirming that the parent has a contract to purchase the house,
that the parent is waiting upon the date of closing of the
mortgage loan, and that the house is at the location indicated in
the parent's statement.
The district superintendent shall establish a period of
time not to exceed ninety days during which the child entitled to
attend school under division (F)(6) or (7) of this section may
attend without tuition obligation. A student attending a school
under division (F)(6) or (7) of this section shall be eligible to
participate in interscholastic athletics under the auspices of
that school, provided the board of education of the school
district where the student's parent resides, by a formal action,
releases the student to participate in interscholastic athletics
at the school where the student is attending, and provided the
student receives any authorization required by a public agency or
private organization of which the school district is a member
exercising authority over interscholastic sports.
(8) A child whose parent is a full-time employee of a
city, local, or exempted village school district may be admitted
to the schools of the district where the child's parent is
employed,
provided the board of education establishes such an admission
policy by resolution adopted by a majority of its members. Any
such policy shall take effect on the first day of the school year
and the effective date of any amendment or repeal may not be
prior to the first day of the subsequent school year. The policy
shall be uniformly applied to all such children and shall provide
for the admission of any such child upon request of the parent. No child may
be admitted under this policy after the first day of
classes of any school year.
(9) A child who is with the child's parent under the care
of a
shelter for victims of domestic violence, as defined in section
3113.33 of the Revised Code, is entitled to attend school free in
the district in which the child is with his THE CHILD'S parent,
and no
other school
district shall be required to pay tuition for the child's
attendance in
that school district.
The enrollment of a child in a school district under this
division shall not be denied due to a delay in the school
district's receipt of any records required under section 3313.672
of the Revised Code or any other records required for enrollment.
Any days of attendance and any credits earned by a child while
enrolled in a school district under this division shall be
transferred to and accepted by any school district in which the
child subsequently enrolls. The state board of education shall
adopt rules to ensure compliance with this division.
(10) Any child under the age of twenty-two years whose parent
has moved out of the school district after the commencement of
classes in the child's senior year of high school is entitled,
subject to the approval of that district board, to attend school
in the district in which the child attended school at the
time of the parental move for the remainder of the school year and
for one
additional semester or equivalent term. A district board may
also adopt a policy specifying extenuating circumstances under
which a student may continue to attend school under division
(F)(10) of this section for an additional period of time in order
to successfully complete the high school curriculum for the
individualized education program developed for the student by the
high school pursuant to section 3323.08 of the Revised Code.
(11) As used in this division, "grandparent" means a
parent of a parent of a child. A child under the age of
twenty-two years who is in the custody of the child's
parent, resides
with a grandparent, and does not require special education is
entitled to attend the schools of the district in which the
child's
grandparent resides, provided that, prior to such attendance in
any school year, the board of education of the school district in
which the child's grandparent resides and the board of
education of the
school district in which the child's parent resides enter
into a written
agreement specifying that good cause exists for such attendance,
describing the nature of this good cause, and consenting to such
attendance.
In lieu of a consent form signed by a parent, a board of
education may request the grandparent of a child attending school
in the district in which the grandparent resides pursuant to
division (F)(11) of this section to complete any consent form
required by the district, including any authorization required by
sections 3313.712 and 3313.713 of the Revised Code. Upon
request, the grandparent shall complete any consent form required
by the district. A school district shall not incur any liability
solely because of its receipt of a consent form from a
grandparent in lieu of a parent.
Division (F)(11) of this section does not
create, and shall not be construed
as creating, a new cause of action or substantive legal right
against a school district, a member of a board of education, or
an employee of a school district. This section does not affect,
and shall not be construed as affecting, any immunities from
defenses to tort liability created or recognized by Chapter 2744.
of the Revised Code for a school district, member, or employee.
(12) A child under the age of twenty-two years is
entitled to attend school in a school district other than the district in
which the
child is entitled to attend school under division (B), (C),
or (E) of this section
provided that, prior to such attendance in any school year, both of the
following occur:
(a) The superintendent of the district in which the child is
entitled to attend school under division (B),
(C), or (E)
of this section contacts the superintendent of another district for purposes
of
this division;
(b) The superintendents of both districts enter into
a written agreement that consents to the attendance and specifies that the
purpose of such attendance is to
protect the student's physical or mental well-being or to deal with other
extenuating circumstances deemed appropriate by the superintendents.
While an agreement is in effect under this division for a student who is
not receiving special education under Chapter 3323. of the Revised Code and
notwithstanding Chapter 3327. of the Revised Code,
the board of education of neither school district involved in the agreement is
required to provide transportation for the student to and from the school
where the student attends.
A student attending a school of a district pursuant to this division
shall be allowed to participate in all student activities, including
interscholastic athletics, at the school where the student is attending on the
same basis as any student who has always attended the schools of that district
while of compulsory school age.
(G) A board of education, after approving admission, may
waive tuition for students who will temporarily reside in the
district and who are either of the following:
(1) Residents or domiciliaries of a foreign nation who
request admission as foreign exchange students;
(2) Residents or domiciliaries of the United States but
not of Ohio who request admission as participants in an exchange
program operated by a student exchange organization.
(H) Pursuant to sections 3311.211, 3313.90, 3319.01,
3323.04, 3327.04, and 3327.06 of the Revised Code, a child may
attend school or participate in a special education program in a
school district other than in the district where the child is
entitled to attend school under division (B) of this section.
(I) This division does not apply to a child receiving
special education.
A school district required to pay tuition pursuant to
division (C)(2) or (3) of this section or section 3313.65 of the
Revised Code shall have an amount deducted under division
(F) of
section 3317.023 of the Revised Code equal to its own tuition
rate for the same period of attendance. A school district
entitled to receive tuition pursuant to division (C)(2) or (3) of
this section or section 3313.65 of the Revised Code shall have an
amount credited under division (F) of section 3317.023 of
the
Revised Code equal to its own tuition rate for the same period of
attendance. If the tuition rate credited to the district of
attendance exceeds the rate deducted from the district required
to pay tuition, the department of education shall pay the
district of attendance the difference from amounts deducted from
all districts' payments under division (F) of section
3317.023 of
the Revised Code but not credited to other school districts under
such division and from appropriations made for such purpose. The
treasurer of each school district shall, by the fifteenth day of
January and July, furnish the superintendent of public
instruction a report of the names of each child who attended the
district's schools under divisions (C)(2) and (3) of this section
or section 3313.65 of the Revised Code during the preceding six
calendar months, the duration of the attendance of those
children, the school district responsible for tuition on behalf
of the child, and any other information that the superintendent
requires.
Upon receipt of the report the superintendent, pursuant to
division (F) of section 3317.023 of the Revised Code, shall
deduct each district's tuition obligations under divisions (C)(2)
and (3) of this section or section 3313.65 of the Revised Code
and pay to the district of attendance that amount plus any amount
required to be paid by the state.
(J) In the event of a disagreement, the superintendent of
public instruction shall determine the school district in which
the parent resides.
(K) Nothing in this section requires or authorizes, or
shall be construed to require or authorize, the admission to a
public school in this state of a pupil who has been permanently
excluded from public school attendance by the superintendent of
public instruction pursuant to sections 3301.121 and 3313.662 of
the Revised Code.
Sec. 5101.14. (A) Within available funds, the department
of human services shall make payments to the counties within
thirty days after the beginning of each calendar quarter for a
part of their costs for services to children performed pursuant
to Chapter 5153. of the Revised Code.
Funds provided to the county under this section shall be deposited into
the children
services fund created pursuant to section 5101.144 of the Revised Code.
(B)(1) The funds distributed under this section shall be
used for the following:
(a) Home-based services to children and families;
(b) Protective services to children;
(c) To find, develop, and approve adoptive homes;
(d) Short-term, out-of-home care and treatment for children;
(e) Costs for the care of a child who resides with
a caretaker relative, other than the child's parent, and is in
the legal custody of a public children services agency pursuant
to a voluntary temporary custody agreement entered
into under division (A) of
section 5103.15 of the Revised
Code or in the legal custody of
a public children services agency or the caretaker relative
pursuant to an allegation or adjudication of abuse, neglect, or
dependency made under Chapter
2151. of the Revised
Code;
(f) Other services a public children services
agency considers necessary to protect children from abuse,
neglect, or dependency.
(2) No funds distributed under this section shall be
used for the
costs of maintaining a child in a children's home owned and
operated by the county.
(C) In each fiscal year, the amount of funds available for
distribution under this section shall be allocated to counties
as follows:
(1) If the amount is less than the amount initially
appropriated for the immediately preceding fiscal year, each
county shall receive an amount equal to the percentage of the
funding it received in the immediately preceding fiscal year,
exclusive of any releases from or additions to the allocation or
any sanctions imposed under this section;
(2) If the amount is equal to the amount initially
appropriated for the immediately preceding fiscal year, each
county shall receive an amount equal to the amount it received
in the preceding fiscal year, exclusive of any releases from or
additions to the allocation or any sanctions imposed under this
section;
(3) If the amount is greater than the amount initially
appropriated for the immediately preceding fiscal year, each
county shall receive the amount determined under division
(C)(2) of this section as a
base allocation, plus a percentage of the amount that exceeds
the amount initially appropriated for the immediately preceding
fiscal year. The amount exceeding the amount initially
appropriated in the immediately preceding fiscal year shall be allocated to
the counties as follows:
(a) Twelve per cent divided equally among all counties;
(b) Forty-eight per cent in the ratio that the number of
residents
of the county under the age of eighteen bears to the total number of such
persons residing in this state;
(c) Forty per cent in the ratio that the number of residents of
the county with incomes under the federal poverty guideline
bears to the total
number of such persons in this state.
As used in division (C)(3)(c) of this section,
"federal poverty guideline" means the poverty
guideline as
defined by the United States office of management and budget
and revised by the United States secretary of health and
human services in accordance with section 673 of the "Community
Services Block Grant Act," 95
Stat. 511 (1981), 42 U.S.C.A. 9902, as amended.
(D)(C) The department may
adopt rules as necessary for the allocation of funds under this
section. The rules shall be adopted in accordance with section
111.15 of the Revised Code.
(E)(D)(1) As used in this division, "services to children"
includes only children's protective services, home-based services
to children and families, family foster home services,
residential treatment services, adoptive services, and
independent living services.
(2) Except as otherwise provided in this section, the
allocation of funds for a fiscal year to a county under this
section shall be reduced by the department if in the preceding
calendar year the total amount expended for services to children
from local funds and funds distributed to the county under
section 5101.46 of the Revised Code was less than the total
expended from those sources in the second preceding calendar
year. The reduction shall be equal to the difference between the
total expended in the preceding calendar year and the total
expended in the second preceding calendar year.
The determination of whether the amount expended for
services to children was less in the preceding calendar year than
in the second preceding calendar year shall not include a
difference due to any of the following factors to the extent that
the difference does not exceed the amount attributable to that
factor:
(a) An across-the-board reduction in the county budget as
a whole;
(b) A reduced or failed levy specifically earmarked for
children services;
(c) A reduced allocation of funds to the county under
section 5101.24 of the Revised Code;
(d) The closure of, or a reduction in the operating
capacity of, a children's home owned and operated by the county.
(3) Funds withheld under this division may be reallocated
by the department to other counties. The department may grant
whole or partial waivers of the provisions of this division.
(E) public agency
(F) Children who are in the temporary or permanent custody
of a certified public or private nonprofit agency or institution,
or who are in adoptions subsidized under division (B) of section
5153.163 of the Revised Code are eligible for medical assistance
through the medical assistance program established under section
5111.01 of the Revised Code.
(G) Within ninety days after the end of each fiscal year,
each county shall return any unspent funds to the department.
(H) The department shall prepare an annual report
detailing on a county-by-county basis the services provided with
funds distributed under this section. The report shall be
submitted to the general assembly by the thirtieth day of
September each year and also shall be made available to the
public.
(I) In accordance with Chapter 119. of the Revised Code,
the director shall adopt, and may amend and rescind, rules
prescribing reports on expenditures to be submitted by the
counties as necessary for the implementation of this section.
Sec. 5101.141. (A) The department of human services
shall act as the single state agency to administer federal
payments for foster care and adoption assistance made pursuant to
Title IV-E of the "Social Security Act," 94 Stat. 501, 42
U.S.C.A. 670 (1980), as amended, and shall adopt rules to implement this
authority.
Internal management rules governing financial and
administrative requirements applicable to public children
services agencies shall be adopted in accordance with section
111.15 of the Revised
Code. Rules establishing
eligibility, program participation, and other requirements shall
be adopted in accordance with Chapter 119. of the Revised Code. A public
children services agency to which the department distributes
Title IV-E funds shall administer the funds
in accordance with
those rules.
(B)(1) The county, on behalf of each child eligible
for foster care maintenance payments under Title IV-E of the
"Social Security Act," shall make payments to cover the cost of
providing all of the following:
(a) The child's food, clothing, shelter, daily
supervision, and school supplies;
(b) The child's personal incidentals;
(c) Reasonable travel to the child's home for visitation.
(2) In addition to payments made under division (B)(1) of this
section, the county may, on behalf of each child eligible for
foster care maintenance payments under
Title
IV-E
of the "Social
Security
Act," make payments to cover
the cost of providing the following:
(a) Liability insurance with respect to the
child;
(b) If the county is participating in the
demonstration project established under division (A) of section
5101.142 of the Revised Code, services provided under
the project.
(3) With respect to a child who is in a child-care
institution, including any type of group home designed for the
care of children or any privately operated program consisting of
two or more family CERTIFIED foster homes operated by a common
administrative unit, the foster care maintenance payments made by
the county on behalf of the child shall include the reasonable
cost of the administration and operation of the institution,
group home, or program, as necessary to provide the items
described in division DIVISIONS (B)(1) and (2) of this section.
(C) To the extent that either foster care maintenance
payments under division (B) of this section or Title IV-E
adoption assistance payments for maintenance costs require the
expenditure of county funds, the board of county commissioners
shall report the nature and amount of each expenditure of county
funds to the department.
(D) The department shall distribute to
public children services agencies that
incur and report such expenditures federal financial
participation received for administrative and training costs
incurred in the operation of foster care maintenance and adoption
assistance programs. The department may withhold not more than
two per cent of the federal financial participation received.
The funds withheld shall be in addition to any administration and
training cost for which the department is reimbursed through its
own cost allocation plan.
(E) All federal funds received by a county pursuant to
this section shall be deposited into the county's children
services fund created pursuant to section
5101.144 of the Revised Code.
(F) The department shall periodically
publish and distribute the maximum amounts that the department
will reimburse public children services agencies for making
payments on behalf of children eligible for foster care maintenance payments.
(G) The department, by and through its director, is hereby
authorized to develop, participate in the development of, negotiate, and enter
into one or more interstate compacts on behalf of this state with agencies of
any other states, for the provision of medical assistance and other social
services to children in relation to whom all of the following apply:
(1) They have special needs.
(2) This state or another state that is a party to the interstate compact
is providing adoption assistance on their behalf.
(3) They move into this state from another state or move out of this state
to another state.
Sec. 5103.02. As used in sections 5103.03 to 5103.19 of
the Revised Code:
(A) "Institution ASSOCIATION" or "association
INSTITUTION" includes any
incorporated or unincorporated organization, society,
association, or agency, public or private, that receives or cares
for children for two or more consecutive weeks;
any individual who, for hire, gain, or reward, receives or cares
for children for two or more consecutive weeks, unless the individual is
related to them by blood or marriage; and any individual not in the
regular employ of a court, or of an
institution or association certified in accordance with section
5103.03 of the Revised Code, who in any manner becomes a party to
the placing of children in foster homes, unless the individual is
related to such children by blood or marriage, or is the appointed guardian
of such children; provided, that any organization, society,
association, school, agency, child guidance center, detention or
rehabilitation facility, or children's clinic licensed,
regulated, approved, operated under the direction of, or
otherwise certified by the department of education, a local board
of education, the department of youth services, the department of
mental health, or the department of mental retardation and
developmental disabilities, or any individual who provides care
for only a single-family group, placed there by their parents or
other relative having custody, shall not be considered as being
within the purview of these sections.
(B) "Family foster home"
has the same meaning as in section 2151.011 of
the Revised Code MEANS A FOSTER HOME THAT IS NOT A TREATMENT FOSTER
HOME.
(C) "FOSTER HOME" MEANS A PRIVATE RESIDENCE IN WHICH CHILDREN ARE
RECEIVED APART FROM THEIR PARENTS, GUARDIAN, OR LEGAL CUSTODIAN, BY AN
INDIVIDUAL FOR HIRE, GAIN, OR REWARD FOR NONSECURE CARE, SUPERVISION, OR
TRAINING TWENTY-FOUR HOURS A DAY. "FOSTER HOME" DOES NOT INCLUDE CARE
PROVIDED FOR A CHILD IN THE HOME OF A PERSON OTHER THAN THE CHILD'S PARENT,
GUARDIAN, OR LEGAL CUSTODIAN WHILE THE PARENT, GUARDIAN, OR LEGAL CUSTODIAN IS
TEMPORARILY AWAY. FAMILY FOSTER HOMES AND TREATMENT FOSTER HOMES ARE TYPES OF
FOSTER HOMES.
(D) "RECOMMENDING AGENCY" MEANS A PUBLIC CHILDREN SERVICES
AGENCY, PRIVATE CHILD PLACING AGENCY, OR PRIVATE NONCUSTODIAL AGENCY THAT
RECOMMENDS THAT THE DEPARTMENT OF HUMAN SERVICES CERTIFY OR RECERTIFY A FOSTER
HOME UNDER SECTION 5103.03 of the Revised Code.
(E) "Treatment
foster
home" means a family foster home that
incorporates special psychological or medical treatment
REHABILITATIVE SERVICES designed to care for TREAT the
specific needs of the children received in the family foster home and
that receives and cares for children who are emotionally or behaviorally
disturbed, CHEMICALLY DEPENDENT, ADJUDICATED OR ALLEGED DELINQUENT OR
UNRULY, medically fragile requiring special medical treatment
due to physical ailment or condition, mentally retarded, or
developmentally disabled, OR WHO OTHERWISE HAVE EXCEPTIONAL OR
INTENSIVE NEEDS.
Sec. 5103.031. THE DEPARTMENT OF HUMAN SERVICES MAY NOT ISSUE A
CERTIFICATE UNDER SECTION 5103.03 OF THE REVISED CODE TO A
FOSTER
HOME UNLESS THE FOSTER CAREGIVER SUCCESSFULLY COMPLETES THE FOLLOWING AMOUNT
OF PRECERTIFICATION TRAINING THROUGH A PRECERTIFICATION TRAINING
PROGRAM OPERATED UNDER SECTION 5103.033 OF THE REVISED
CODE:
(A) IF THE FOSTER HOME IS A FAMILY FOSTER HOME, AT LEAST
THIRTY-SIX HOURS;
(B) IF THE FOSTER HOME IS A TREATMENT FOSTER HOME, AT LEAST
FORTY-EIGHT HOURS.
Sec. 5103.032. THE DEPARTMENT OF HUMAN SERVICES MAY NOT RENEW A
FOSTER HOME CERTIFICATE UNDER SECTION 5103.03 OF THE REVISED
CODE
UNLESS THE FOSTER CAREGIVER SUCCESSFULLY COMPLETES THE FOLLOWING AMOUNT OF
CONTINUING TRAINING IN ACCORDANCE WITH THE FOSTER CAREGIVER'S NEEDS ASSESSMENT
AND CONTINUING TRAINING PLAN DEVELOPED AND IMPLEMENTED UNDER SECTION
5103.034 OF THE REVISED CODE:
(A) IF THE FOSTER HOME IS A FAMILY FOSTER HOME, AT LEAST
TWENTY-FOUR HOURS EACH YEAR;
(B) IF THE FOSTER HOME IS A TREATMENT FOSTER HOME, AT LEAST
THIRTY-SIX HOURS THE
FIRST YEAR THE FOSTER HOME'S INITIAL CERTIFICATE
IS IN EFFECT AND AT LEAST THIRTY HOURS EACH YEAR THEREAFTER.
Sec. 5103.033.
A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE CHILD PLACING
AGENCY, OR
PRIVATE NONCUSTODIAL AGENCY OPERATING A PRECERTIFICATION TRAINING
PROGRAM OR CONTINUING TRAINING PROGRAM APPROVED BY THE DEPARTMENT OF HUMAN
SERVICES UNDER SECTION
5103.038 OF THE REVISED CODE SHALL MAKE THE PROGRAM
AVAILABLE TO
FOSTER CAREGIVERS. THE AGENCY SHALL MAKE THE PROGRAMS AVAILABLE WITHOUT
REGARD TO THE TYPE OF RECOMMENDING AGENCY FROM WHICH A FOSTER CAREGIVER SEEKS
A RECOMMENDATION AND WITHOUT CHARGE TO THE FOSTER CAREGIVER.
Sec. 5103.034. A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE CHILD PLACING
AGENCY, OR
PRIVATE NONCUSTODIAL AGENCY ACTING AS A RECOMMENDING AGENCY FOR A FOSTER
CAREGIVER HOLDING A CERTIFICATE ISSUED UNDER SECTION 5103.03 of the Revised Code
SHALL DEVELOP AND IMPLEMENT A
WRITTEN
NEEDS ASSESSMENT AND CONTINUING TRAINING PLAN FOR THE FOSTER CAREGIVER.
EACH NEEDS ASSESSMENT AND CONTINUING TRAINING PLAN
SHALL SATISFY ALL OF THE FOLLOWING REQUIREMENTS:
(A) BE EFFECTIVE FOR THE TWO-YEAR PERIOD THE FOSTER CAREGIVER'S
CERTIFICATE IS IN EFFECT;
(B) BE APPROPRIATE FOR THE TYPE OF FOSTER HOME THE FOSTER
CAREGIVER OPERATES;
(C) REQUIRE THE FOSTER CAREGIVER TO SUCCESSFULLY COMPLETE THE
COURSES EACH CONTINUING TRAINING PROGRAM MUST PROVIDE AS SPECIFIED IN
SECTION 5103.0311 OF THE REVISED CODE AND ANY OTHER COURSES
THE AGENCY CONSIDERS APPROPRIATE;
(D) INCLUDE CRITERIA THE AGENCY IS TO USE TO DETERMINE WHETHER
THE FOSTER CAREGIVER HAS SUCCESSFULLY COMPLETED THE COURSES;
(E) GUARANTEE THAT THE COURSES THE FOSTER CAREGIVER IS REQUIRED
TO COMPLETE ARE AVAILABLE TO THE FOSTER CAREGIVER.
Sec. 5103.035. FOR THE PURPOSE OF DETERMINING WHETHER A FOSTER
CAREGIVER HAS SATISFIED THE REQUIREMENT OF SECTION 5103.031 OR 5103.032
OF THE REVISED CODE, A RECOMMENDING AGENCY SHALL ACCEPT
TRAINING
OBTAINED PURSUANT TO A PRECERTIFICATION TRAINING PROGRAM OR CONTINUING
TRAINING PROGRAM OPERATED
UNDER SECTION 5103.033 of the Revised Code
REGARDLESS OF WHETHER THE AGENCY OPERATED THE PRECERTIFICATION
TRAINING PROGRAM OR CONTINUING
TRAINING PROGRAM. THE AGENCY MAY REQUIRE THAT THE FOSTER CAREGIVER
SUCCESSFULLY COMPLETE ADDITIONAL TRAINING AS A CONDITION OF THE
AGENCY RECOMMENDING THAT THE DEPARTMENT OF HUMAN SERVICES CERTIFY OR
RECERTIFY THE FOSTER CAREGIVER'S FOSTER HOME UNDER SECTION 5103.03
OF THE REVISED CODE.
Sec. 5103.036. THE DEPARTMENT OF HUMAN SERVICES, IN CONSULTATION
WITH THE DEPARTMENTS OF YOUTH SERVICES, MENTAL HEALTH, AND ALCOHOL AND DRUG
ADDICTION
SERVICES, SHALL DEVELOP A MODEL DESIGN OF A PRECERTIFICATION TRAINING PROGRAM
FOR
FOSTER CAREGIVERS SEEKING AN INITIAL CERTIFICATE UNDER SECTION
5103.03 OF THE REVISED CODE AND A MODEL DESIGN OF A
CONTINUING TRAINING
PROGRAM FOR FOSTER CAREGIVERS SEEKING RENEWAL OF A CERTIFICATE UNDER THAT
SECTION. THE MODEL DESIGN OF A PRECERTIFICATION TRAINING PROGRAM
SHALL COMPLY WITH SECTION 5103.0310 OF THE REVISED CODE.
THE MODEL DESIGN OF A CONTINUING TRAINING PROGRAM SHALL COMPLY WITH SECTION
5103.0311 of the Revised Code. THE DEPARTMENT OF HUMAN SERVICES SHALL MAKE THE MODEL DESIGNS
AVAILABLE TO PUBLIC CHILDREN SERVICES AGENCIES, PRIVATE CHILD PLACING
AGENCIES, AND PRIVATE NONCUSTODIAL AGENCIES.
Sec. 5103.037. NOT LATER THAN THE FIFTEENTH DAY OF OCTOBER OF
EACH YEAR, EACH
PUBLIC CHILDREN SERVICES AGENCY, PRIVATE CHILD PLACING AGENCY, AND PRIVATE
NONCUSTODIAL AGENCY THAT SEEKS TO OPERATE A
PRECERTIFICATION TRAINING PROGRAM OR CONTINUING TRAINING PROGRAM UNDER SECTION
5103.033 OF THE REVISED CODE SHALL SUBMIT TO THE DEPARTMENT
OF HUMAN SERVICES A PROPOSAL OUTLINING THE PROGRAM. THE PROPOSAL MAY BE THE
SAME AS, A MODIFICATION OF, OR DIFFERENT FROM A MODEL DESIGN DEVELOPED UNDER
SECTION 5103.036 of the Revised Code.
Sec. 5103.038. NOT LATER THAN THIRTY DAYS AFTER RECEIVING A
PROPOSAL UNDER SECTION 5103.037 OF THE REVISED CODE,
THE
DEPARTMENT OF HUMAN SERVICES SHALL EITHER APPROVE OR DISAPPROVE THE PROPOSED
PROGRAM.
THE DEPARTMENT SHALL APPROVE A PROPOSED PRECERTIFICATION TRAINING PROGRAM
IF IT COMPLIES WITH SECTION 5103.0310 OF THE REVISED CODE.
THE
DEPARTMENT SHALL APPROVE A PROPOSED CONTINUING TRAINING PROGRAM IF IT
COMPLIES WITH SECTION 5103.0311 OF THE REVISED CODE. IF
THE DEPARTMENT DISAPPROVES A PROPOSAL, IT SHALL PROVIDE THE REASON FOR
DISAPPROVAL TO THE AGENCY THAT
SUBMITTED THE PROPOSAL AND ADVISE THE AGENCY OF HOW TO REVISE THE PROPOSAL SO
THAT THE DEPARTMENT CAN APPROVE IT.
Sec. 5103.039. THE DEPARTMENT OF HUMAN SERVICES' APPROVAL UNDER SECTION
5103.038 of the Revised Code OF A PROPOSED
PRECERTIFICATION TRAINING PROGRAM OR CONTINUING TRAINING PROGRAM IS VALID ONLY
FOR THE
YEAR
FOLLOWING THE YEAR THE PROPOSAL FOR THE PROGRAM IS SUBMITTED TO THE DEPARTMENT
UNDER
SECTION 5103.037 OF THE REVISED CODE.
Sec. 5103.0310. A PRECERTIFICATION TRAINING PROGRAM SHALL
CONSIST OF COURSES IN THE ROLE OF FOSTER CAREGIVERS AS A PART OF THE
CARE AND TREATMENT OF FOSTER CHILDREN. THE COURSES SHALL ADDRESS ALL OF
THE FOLLOWING:
(A) THE LEGAL RIGHTS AND RESPONSIBILITIES OF FOSTER
CAREGIVERS;
(B) FAMILY SYSTEMS;
(C) CHILD ABUSE, NEGLECT, AND DEPENDENCY;
(D) THE IMPACT OF ABUSE, NEGLECT, AND DEPENDENCY ON CHILD
DEVELOPMENT;
(E) THE EFFECTS OF SUBSTANCE ABUSE ON CHILD DEVELOPMENT;
(F) SYMPTOMS OF MENTAL ILLNESS, LEARNING DISORDERS, AND COMMON
CHILDHOOD ILLNESSES;
(G) ATTACHMENT, SEPARATION, AND PLACEMENT ISSUES;
(H) DISCIPLINE;
(I) CULTURAL ISSUES IN PLACEMENT;
(J) PRIMARY FAMILIES;
(K) SEXUAL ABUSE;
(L) THE EFFECTS OF CAREGIVING ON THE FAMILY;
(M) PERMANENCY ISSUES FOR CHILDREN;
(N) PERMANENCY ISSUES FOR FAMILIES;
(O) AVAILABLE COMMUNITY RESOURCES FOR ASSISTANCE;
(P) THE SUBSTANCE OF SECTION 2151.62 OF THE REVISED
CODE. A COURSE ADDRESSING
SECTION 2151.62 OF THE REVISED CODE SHALL BE NOT LESS THAN
ONE
HOUR LONG.
Sec. 5103.0311. A CONTINUING TRAINING PROGRAM SHALL CONSIST OF
COURSES THAT ADDRESS AT LEAST
ALL OF THE FOLLOWING:
(A) PHYSICAL AND PSYCHOLOGICAL DEVELOPMENT OF CHILDREN;
(B) PARENTING SKILLS;
(C) PERMANENCY PLANNING PROCEDURES;
(D) PROPER METHODS OF PHYSICAL RESTRAINT AND USE OF PHYSICAL
RESTRAINTS;
(E) SUBSTANCE ABUSE AND DEPENDENCY.
Sec. 5103.0312. THE DEPARTMENT OF HUMAN SERVICES SHALL PAY
FOSTER CAREGIVERS FOR ATTENDING TRAINING COURSES PURSUANT TO
A PRECERTIFICATION TRAINING PROGRAM OR CONTINUING TRAINING PROGRAM
OPERATED UNDER SECTION 5103.033 OF THE REVISED CODE. THE
PAYMENT SHALL BE BASED ON A PER DIEM RATE ESTABLISHED BY THE DEPARTMENT. THE
PAYMENT SHALL BE THE SAME REGARDLESS OF THE TYPE OF RECOMMENDING AGENCY FROM
WHICH A FOSTER CAREGIVER SEEKS A RECOMMENDATION.
Sec. 5103.0313. THE DEPARTMENT OF HUMAN SERVICES SHALL REIMBURSE
A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE CHILD PLACING AGENCY, OR
PRIVATE NONCUSTODIAL AGENCY FOR THE COST TO THE AGENCY OF PROVIDING
TRAINING TO A FOSTER CAREGIVER THROUGH A PRECERTIFICATION
TRAINING PROGRAM OR CONTINUING TRAINING PROGRAM OPERATED UNDER SECTION
5103.033 OF THE REVISED CODE. THE REIMBURSEMENT SHALL BE ON
A PER DIEM BASIS AND LIMITED TO THE COST ASSOCIATED
WITH THE TRAINER, OBTAINING A SITE AT WHICH THE
TRAINING IS PROVIDED, AND THE ADMINISTRATION OF THE TRAINING. A
REIMBURSEMENT RATE SHALL BE THE SAME REGARDLESS OF WHETHER THE
TRAINING PROGRAM IS OPERATED BY A PUBLIC CHILDREN SERVICES AGENCY,
PRIVATE CHILD PLACING AGENCY, OR PRIVATE NONCUSTODIAL AGENCY.
Sec. 5103.0314. THE DEPARTMENT OF HUMAN SERVICES SHALL NOT
REIMBURSE A RECOMMENDING AGENCY FOR THE COST OF ANY TRAINING THE AGENCY
REQUIRES A FOSTER CAREGIVER TO UNDERGO AS A CONDITION OF THE AGENCY
RECOMMENDING THE DEPARTMENT CERTIFY OR RECERTIFY THE FOSTER CAREGIVER'S
FOSTER HOME UNDER SECTION 5103.03 OF THE REVISED CODE IF THE
TRAINING IS IN ADDITION TO THE TRAINING REQUIRED BY SECTION
5103.031 OR 5103.032 OF THE REVISED CODE.
Sec. 5103.0315. THE DEPARTMENT OF HUMAN SERVICES SHALL SEEK
FEDERAL FINANCIAL PARTICIPATION FOR THE COST OF MAKING PAYMENTS UNDER SECTION
5103.0312 OF THE REVISED
CODE AND REIMBURSEMENTS UNDER SECTION
5103.0313 OF THE REVISED CODE. THE DEPARTMENT SHALL NOTIFY
THE GOVERNOR, PRESIDENT OF THE SENATE, MINORITY LEADER OF THE SENATE,
SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND MINORITY LEADER OF
THE HOUSE OF REPRESENTATIVES OF ANY PROPOSED FEDERAL LEGISLATION THAT
ENDANGERS THE FEDERAL FINANCIAL PARTICIPATION.
Sec. 5103.0316. NOT LATER THAN NINETY DAYS AFTER THE EFFECTIVE
DATE OF THIS SECTION, THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES
IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE
AS NECESSARY
FOR THE EFFICIENT ADMINISTRATION OF SECTIONS 5103.031 TO 5103.0316 OF THE
REVISED CODE.
Sec. 5103.033 5103.0317. A family foster home may not
receive more than five children
apart from their parents, guardian, or custodian, except in order to
accommodate a sibling group or the remaining members of a sibling group.
Sec. 2151.418 5103.0318. Any foster home or family foster
home shall be considered to
be a residential use of property for purposes of municipal, county, and
township zoning and shall be a permitted use in all zoning districts in which
residential uses are permitted. No municipal, county, or township zoning
regulation shall require a conditional permit or any other special exception
certification for any foster home or family foster home.
Sec. 5103.031 5103.13. (A) As used in this section,
"HIV" has the
same meaning as in section 3701.24 of the Revised Code.
(B) The department of human services shall provide, by
rules adopted pursuant to Chapter 119. of the Revised Code, for
the licensure of crisis nurseries as either type A or type B
crisis nurseries. The rules shall specify that a license shall
not be issued to an applicant for licensure as a crisis nursery
if the conditions at any of its facilities would jeopardize the
health or safety of the children to whom it provides care.
(C) A type A crisis nursery shall provide temporary
shelter and other care for not more than twenty children at one
time. Each child shall be under age six and drug-exposed,
HIV-infected, or referred by a public children services agency, as
defined in section 2151.011 of the Revised Code. No child shall
receive shelter or other care from a particular type A crisis
nursery for a period exceeding sixty days.
(D) A type B crisis nursery shall provide, without
charging a fee, temporary services and care to children under age
thirteen who are abused and neglected, at high risk of abuse and
neglect, or members of families receiving child protective
services. A type B crisis nursery shall also provide referrals
to support services. No child shall receive services or care
from a type B crisis nursery for more than thirty days in any
year.
Sec. 5103.032 5103.131. The department of human services may
apply to the United
States secretary of health and human services for a federal grant under the
"Temporary Child Care for Children With Disabilities and Crisis Nurseries
Act," 100 Stat. 907 (1986), 42 U.S.C. 5117, to assist type B crisis nurseries
licensed under section 5103.031 5103.13 of the Revised Code in
providing temporary
services and care to minors.
Sec. 5123.77. (A) Pending his removal to an institution, a person
taken into
custody or ordered to be institutionalized pursuant to this chapter may be
held
in his THE PERSON'S home, a family CERTIFIED
foster home, licensed rest or
nursing home, a county
home, or a facility used for detention, but he THE PERSON shall
be kept separate from
persons charged with or convicted of penal offenses.
(B) Whenever any person is taken into custody under this chapter, the person
in charge of the institution or facility in which that person is temporarily
held under division (A) of this section immediately shall notify that person's
legal guardian, spouse, or next of kin and his THE PERSON'S
counsel, if such can be
ascertained.
Sec. 5153.01. (A) As used in the Revised Code, "public
children services agency" means an entity specified in section 5153.02 of the
Revised Code that has assumed
the powers and duties of the children services function
prescribed by this chapter for a county.
(B) As used in this chapter:
(1) "Babysitting care" means care provided for a child
while the parents, guardian, or legal custodian of the child are
temporarily away.
(2) "Certified family foster home" means a family foster home
operated by a person holding a certificate issued pursuant to,
AS DEFINED IN SECTION 5103.02 of the Revised Code, CERTIFIED UNDER
section 5103.03 of the Revised Code that is in
full force and effect.
(3) "Certified organization" means any organization holding a
certificate issued pursuant to section 5103.03 of the
Revised Code that is in full force and effect.
(4) "Child" means any person under eighteen years of age
or a mentally or physically handicapped person, as defined by
rule of the department of human services, under twenty-one years
of age.
(5) "Executive director" means the person charged with the
responsibility of administering the powers and duties of a public children
services agency appointed
pursuant to section 5153.10 of the Revised Code.
(6) "Family foster home" means a private residence in
which children are received apart from their parents, guardian,
or legal custodian by an individual for hire, gain, or reward for
nonsecure care, supervision, or training twenty-four hours a day.
"Family foster home" does not include babysitting care provided
for a child in the home of a person other than the home of the
parents, guardian, or legal custodian of the child.
(7) "Foster home" means a family home in which any child
is received, apart from the child's parents, for care,
supervision, or training.
(8) "Organization" means any public, semipublic, or private
institution, including maternity homes and day nurseries, and
any private association, society, or agency, located or
operating in this state, incorporated or unincorporated, having
among its functions the furnishing of protective services or
care for children or the placement of children in CERTIFIED foster
homes or elsewhere.
Sec. 5153.16. (A) Except as provided in section 2151.422 of the Revised
Code, in accordance with rules of the department of human services, and on
behalf of children in the county whom the
public children services agency considers to be in need of public care
or protective services, the public children services agency shall do all of
the following:
(1) Make an investigation concerning any child alleged to be an abused,
neglected, or dependent child;
(2) Enter into agreements with the parent, guardian, or
other person having legal custody of any child, or with the
department of human services, department of mental health,
department of mental retardation and developmental disabilities,
other department, any certified organization within or outside
the county, or any agency or institution outside the state,
having legal custody of any child, with respect to the custody,
care, or placement of any child, or with respect to any
matter, in the interests of the child, provided the permanent
custody of a child shall not be transferred by a parent to the
public children services agency
without the consent of the juvenile court;
(3) Accept custody of children committed to the public children services
agency by a court
exercising juvenile jurisdiction;
(4) Provide such care as the
public children services agency considers to be in the best interests
of any child adjudicated to be an abused, neglected, or dependent child
the agency
finds to be in need of public care or service;
(5) Provide social services to any unmarried girl
adjudicated to be
an abused, neglected, or dependent child who is pregnant with or has been
delivered of a child;
(6) Make available to the bureau for children with medical
handicaps of the department of health at its request any
information concerning a crippled child found to be in need of
treatment under sections 3701.021 to 3701.028 of the Revised Code
who is receiving services from the public
children services agency;
(7) Provide temporary emergency care for any child
considered by the public children
services agency to be in need of such care, without agreement or
commitment;
(8) Find family CERTIFIED foster homes, within or outside the
county, for the care of children, including handicapped children
from other counties attending special schools in the county;
(9) Subject to the approval of the board of county
commissioners and the state department of human services,
establish and operate a training school or enter into an
agreement with any municipal corporation or other political
subdivision of the county respecting the operation, acquisition,
or maintenance of any children's home, training school, or other
institution for the care of children maintained by such municipal
corporation or political subdivision;
(10) Acquire and operate a county children's home,
establish, maintain, and operate a receiving home for the
temporary care of children, or procure family CERTIFIED foster
homes for
this purpose;
(11) Enter into an agreement with the trustees of any
district children's home, respecting the operation of the
district children's home in cooperation with the other county
boards in the district;
(12) Cooperate with, make its services available to, and
act as the agent of persons, courts, the department of human
services, the department of health, and other organizations
within and outside the state, in matters relating to the welfare
of children, except that the public children services agency shall
not be required to provide supervision of or other services related to the
exercise of companionship or visitation rights granted pursuant to section
3109.051, 3109.11, or 3109.12 of the Revised Code unless a
juvenile court, pursuant to Chapter 2151. of the Revised
Code, or a common pleas court, pursuant to division (E)(6)
of section 3113.31 of the Revised Code, requires the provision of
supervision or other
services related
to the exercise of the companionship or visitation rights;
(13) Make investigations at the request of any
superintendent of schools in the county or the principal of any
school concerning the application of any child adjudicated to be an abused,
neglected, or dependent child for release from school, where such service
is not provided through a school attendance department;
(14) Administer funds provided under Title IV-E of the
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as
amended, in accordance with rules adopted by the state department
of human services under section 5101.141 of the Revised Code;
(15) In addition to administering Title IV-E adoption
assistance funds, enter into agreements to make adoption
assistance payments under section 5153.163 of the Revised Code;
(16) Implement a system of risk assessment, in accordance with
rules adopted by the state department of human services, to assist the public
children services agency in determining the risk of abuse or neglect to a
child;
(17) Enter into a plan of cooperation with the board of
county commissioners under section 307.983 of the Revised Code and comply with
the partnership agreement the board enters into under section 307.98 of the
Revised Code and contracts the board enters into under sections 307.981 and
307.982 of the Revised Code that affect the public children services
agency;
(18) Make reasonable efforts to prevent the removal of an alleged or
adjudicated abused, neglected, or dependent child from the child's home,
eliminate the continued removal of the child from the child's home, or make it
possible for the child to return home safely, except that reasonable
efforts of that nature are not required when a court has made a determination
under
division (A)(2) of section 2151.419 of the Revised Code;
(19) Make reasonable efforts to place the child in a
timely manner in accordance with the permanency plan approved
under division (E) of section
2151.417 of the Revised Code and to complete whatever
steps are necessary to finalize the permanent placement of the
child.
(B) The public children services agency shall use the system
implemented pursuant to division (B)(16) of this section in
connection with an investigation undertaken pursuant to division
(F)(1) of section 2151.421 of the Revised Code and
may use the system at any other time the agency is involved with any child
when the agency determines that risk assessment is necessary.
(C) Except as provided in section 2151.422 of the Revised Code,
in accordance with rules of the department of human services, and on
behalf of children in the county whom the public children services agency
considers to be in need of public care or protective services, the public
children services agency may do the following:
(1) Provide or find, with other
child serving systems, treatment foster care for the care of children in a
treatment foster home, as defined in section 5103.02 of the Revised
Code, CERTIFIED UNDER SECTION 5103.03 of the Revised Code;
(2)(a) Except as limited by divisions (C)(2)(b) and
(c) of this section, contract with the following for the purpose of assisting
the agency with its duties:
(i) County departments of human services;
(ii) Boards of alcohol, drug addiction, and mental
health services;
(iii) County boards of mental retardation and
developmental disabilities;
(iv) Regional councils of political subdivisions
established under Chapter 167. of the Revised Code;
(v) Private and government providers of services;
(vi) Managed care organizations and prepaid health plans.
(b) A public children services agency contract
under division (C)(2)(a) of this section regarding the agency's duties under
section 2151.421 of the Revised Code may not provide for the
entity under contract with the agency to perform any service not
authorized by the department's rules.
(c) Only a county children services board
appointed under section 5153.03 of the Revised Code that is a public children
services agency may contract under division (C)(2)(a) of this section. If an
entity specified in division (B) or (C) of section 5153.02 of the Revised Code
is the public children services agency for a county, the board of county
commissioners may enter into contracts pursuant to section 307.982 of the
Revised Code regarding the agency's duties.
Sec. 5153.161. Care provided by the public children
services
agency under
division (A)(4) of section
5153.16 of the Revised Code shall be provided by the agency, by its own
means or through other available
resources, in the
child's own home, in the home of a relative, or in a certified family
foster
home, any other home approved by the court, receiving home, school, hospital,
convalescent home, or other public or private institution within or outside
the county or state.
Section 2. That existing sections 2151.011, 2151.312, 2151.331,
2151.34, 2151.353, 2151.418, 2151.55, 2151.62, 3313.64, 5101.14,
5101.141, 5103.02, 5103.031, 5103.032, 5103.033, 5123.77,
5153.01, 5153.16, and 5153.161 of the Revised Code are hereby
repealed.
Section 3. Section 5103.031 of the Revised Code
does not apply to
a foster home, as defined in section 5103.02 of the Revised Code, holding a
valid certificate issued under section
5103.03 of the Revised Code on the effective date of this act.
Section 4. Sections 5101.14 and 5153.161 of the Revised Code are presented in
this act
as composites of the sections as amended by both
Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General Assembly, with the
new language of
neither of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such are the resulting versions in
effect prior to the effective date of this act.
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