To amend sections 117.13, 121.22, 149.43, 305.14, 2151.421, 2317.02, 4731.22, and 5101.141 and to enact sections 117.191, 307.621, 307.622, 307.623, 307.624, 307.625, 307.626, 307.627, 307.628, 307.629, 307.6210, 3701.045, 3705.071, 5101.145, 5101.146, 5101.147, 5153.171, 5153.172, and 5153.173 of the Revised Code to revise the law governing audits of public children services agencies, private child placing agencies, and private noncustodial agencies; to require the establishment in each county or region of a board for the purpose of reviewing deaths of children under age eighteen; to permit a public children services agency to employ legal counsel without the consent of the court of common pleas; to require that procedures for fiscal accountability of child welfare services be established and followed; and to revise the law governing how reports of child abuse or neglect are maintained.

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

Sec. 117.13. (A) The costs of audits of state agencies shall be recovered by the auditor of state in the following manner:

(1) The costs of all audits of state agencies shall be paid to the auditor of state on statements rendered by him THE AUDITOR OF STATE. Money so received by the auditor of state shall be paid into the state treasury to the credit of the public audit expense fund--intrastate, which is hereby created, and shall be used to pay costs related to such audits. The costs of all annual and special audits of a state agency shall be charged to the state agency being audited. The costs of all biennial audits of a state agency shall be paid from money appropriated to the department of administrative services for that purpose. The costs of any assistant auditor, employee, or expert employed pursuant to section 117.09 of the Revised Code called upon to testify in any legal proceedings in regard to any audit, or called upon to review or discuss any matter related to any audit, may be charged to the state agency to which the audit relates.

(2) The auditor of state shall establish by rule rates to be charged to state agencies or to the department of administrative services for recovering the costs of audits of state agencies.

(B) Any (1) EXCEPT AS PROVIDED IN DIVISION (B)(2) OF THIS SECTION, ANY costs of an audit of a private institution, association, board, or corporation receiving public money for its use shall be charged to the public office providing the public money in the same manner as costs of an audit of the public office;

(2) THE COSTS OF AN AUDIT OF A PRIVATE CHILD PLACING AGENCY OR PRIVATE NONCUSTODIAL AGENCY RECEIVING PUBLIC MONEY FOR ITS USE SHALL BE CHARGED TO THE AGENCY BEING AUDITED IN THE SAME MANNER AS COSTS OF AN AUDIT OF A PUBLIC OFFICE.

(C) The costs of audits of local public offices shall be recovered by the auditor of state in the following manner:

(1) The total amount of compensation paid assistant auditors of state, their expenses, the cost of employees assigned to assist the assistant auditors of state, the cost of experts employed pursuant to section 117.09 of the Revised Code, and the cost of typing, reviewing, and copying reports shall be borne by the public office to which such assistant auditors of state are so assigned, except that annual vacation and sick leave of assistant auditors of state, employees, and typists shall be financed from the general revenue fund. The necessary traveling and hotel expenses of the deputy inspectors and supervisors of public offices shall be paid from the state treasury. Assistant auditors of state shall be compensated by the taxing district or other public office audited for activities undertaken pursuant to division (B) of section 117.18 and section 117.24 of the Revised Code. The costs of any assistant auditor, employee, or expert employed pursuant to section 117.09 of the Revised Code called upon to testify in any legal proceedings in regard to any audit, or called upon to review or discuss any matter related to any audit, may be charged to the public office to which the audit relates.

(2) The auditor of state shall certify the amount of such compensation, expenses, cost of experts, reviewing, copying, and typing to the fiscal officer of the local public office audited. The fiscal officer of the local public office shall forthwith draw his A warrant upon the general fund or other appropriate funds of the local public office to the order of the auditor of state; provided, that the auditor of state is authorized to negotiate with any local public office and, upon agreement between the auditor of state and the local public office, may adopt a schedule for payment of the amount due under this section. Money so received by the auditor of state shall be paid into the state treasury to the credit of the public audit expense fund--local government, which is hereby created, and shall be used to pay the compensation, expense, cost of experts and employees, reviewing, copying, and typing of reports.

(3) At the conclusion of each audit, or analysis and report made pursuant to section 117.24 of the Revised Code, the auditor of state shall furnish the fiscal officer of the local public office audited a statement showing the total cost of the audit, or of the audit and the analysis and report, and the percentage of the total cost chargeable to each fund audited. The fiscal officer may distribute such total cost to each fund audited in accordance with its percentage of the total cost.

(4) The auditor of state shall provide each local public office a statement or certification of the amount due from the public office for services performed by the auditor of state under this or any other section of the Revised Code, as well as the date upon which payment is due to the auditor of state. Any local public office that does not pay the amount due to the auditor of state by that date may be assessed by the auditor of state for interest from the date upon which the payment is due at the rate per annum prescribed by section 5703.47 of the Revised Code. All interest charges assessed by the auditor of state may be collected in the same manner as audit costs pursuant to division (D) of this section.

(D) If the auditor of state fails to receive payment for any amount due from a public office for services performed under this or any other section of the Revised Code, he THE AUDITOR OF STATE may seek payment through the office of budget and management. Upon certification by the auditor of state to the director of budget and management of any such amount due, the director shall withhold from the public office any amount available, up to and including the amount certified as due, from any funds under his THE DIRECTOR'S control that belong to or are lawfully payable or due to the public office. The director shall promptly pay the amount withheld to the auditor of state. If the director determines that no funds due and payable to the public office are available or that insufficient amounts of such funds are available to cover the amount due, the director shall withhold and pay to the auditor of state the amounts available and, in the case of a local public office, certify the remaining amount to the county auditor of the county in which the local public office is located. The county auditor shall withhold from the local public office any amount available, up to and including the amount certified as due, from any funds under his THE COUNTY AUDITOR'S control and belonging to or lawfully payable or due to the local public office. The county auditor shall promptly pay any such amount withheld to the auditor of state.

Sec. 117.191. WHEN THE AUDITOR OF STATE AUDITS A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE CHILD PLACING AGENCY, OR PRIVATE NONCUSTODIAL AGENCY, ALL OF THE FOLLOWING SHALL APPLY:

(A) THE AUDITING TEAM SHALL INCLUDE A REPRESENTATIVE OF A NATIONAL NONPROFIT ORGANIZATION WITH EXPERTISE IN CHILD WELFARE ISSUES;

(B) THE AUDIT SHALL COVER A TWELVE-MONTH PERIOD AND SHALL INCLUDE ONLY TRANSACTIONS THAT WERE BOTH BILLED AND PAID;

(C) THE AUDIT SHALL FOCUS ON FISCAL ACCOUNTABILITY RATHER THAN CLINICAL DECISION MAKING;

(D) THE AUDITOR OF STATE SHALL COMMUNICATE INITIALLY AND THROUGHOUT THE AUDIT WITH THE AGENCY BEING AUDITED REGARDING THE PARAMETERS OF THE AUDIT, THE PROCEDURES USED IN THE AUDIT, AND THE STATUS OF THE AUDIT;

(E) THE AUDITOR OF STATE SHALL PROVIDE THE AGENCY WITH A COPY OF THE AUDIT REPORT AND GIVE THE AGENCY AN OPPORTUNITY TO RESPOND BEFORE RELEASING THE REPORT.

Sec. 121.22. (A) This section shall be liberally construed to require public officials to take official action and to conduct all deliberations upon official business only in open meetings unless the subject matter is specifically excepted by law.

(B) As used in this section:

(1) "Public body" means any of the following:

(a) Any board, commission, committee, council, or similar decision-making body of a state agency, institution, or authority, and any legislative authority or board, commission, committee, council, agency, authority, or similar decision-making body of any county, township, municipal corporation, school district, or other political subdivision or local public institution;

(b) Any committee or subcommittee of a body described in division (B)(1)(a) of this section;

(c) A court of jurisdiction of a sanitary district organized wholly for the purpose of providing a water supply for domestic, municipal, and public use when meeting for the purpose of the appointment, removal, or reappointment of a member of the board of directors of such a district pursuant to section 6115.10 of the Revised Code, if applicable, or for any other matter related to such a district other than litigation involving the district. As used in division (B)(1)(c) of this section, "court of jurisdiction" has the same meaning as "court" in section 6115.01 of the Revised Code.

(2) "Meeting" means any prearranged discussion of the public business of the public body by a majority of its members.

(3) "Regulated individual" means either of the following:

(a) A student in a state or local public educational institution;

(b) A person who is, voluntarily or involuntarily, an inmate, patient, or resident of a state or local institution because of criminal behavior, mental illness or retardation, disease, disability, age, or other condition requiring custodial care.

(C) All meetings of any public body are declared to be public meetings open to the public at all times. A member of a public body shall be present in person at a meeting open to the public to be considered present or to vote at the meeting and for purposes of determining whether a quorum is present at the meeting.

The minutes of a regular or special meeting of any public body shall be promptly prepared, filed, and maintained and shall be open to public inspection. The minutes need only reflect the general subject matter of discussions in executive sessions authorized under division (G) or (J) of this section.

(D) This section does not apply to a ANY OF THE FOLLOWING:

(1) A grand jury, to an;

(2) AN audit conference conducted by the auditor of state or independent certified public accountants with officials of the public office that is the subject of the audit, to the;

(3) THE adult parole authority when its hearings are conducted at a correctional institution for the sole purpose of interviewing inmates to determine parole or pardon, to the;

(4) THE organized crime investigations commission established under section 177.01 of the Revised Code, to the;

(5) MEETINGS OF A CHILD FATALITY REVIEW BOARD ESTABLISHED UNDER SECTION 307.622 of the Revised Code AND MEETINGS CONDUCTED PURSUANT TO SECTIONS 5153.171 TO 5153.173 of the Revised Code;

(6) THE state medical board when determining whether to suspend a certificate without a prior hearing pursuant to division (G) of either section 4730.25 or 4731.22 of the Revised Code, to the;

(7) THE board of nursing when determining whether to suspend a license without a prior hearing pursuant to division (B) of section 4723.181 of the Revised Code, or to the;

(8) THE executive committee of the emergency response commission when determining whether to issue an enforcement order or request that a civil action, civil penalty action, or criminal action be brought to enforce Chapter 3750. of the Revised Code.

(E) The controlling board, the development financing advisory council, the industrial technology and enterprise advisory council, the tax credit authority, or the minority development financing advisory board, when meeting to consider granting assistance pursuant to Chapter 122. or 166. of the Revised Code, in order to protect the interest of the applicant or the possible investment of public funds, by unanimous vote of all board, council, or authority members present, may close the meeting during consideration of the following information confidentially received by the authority, council, or board from the applicant:

(1) Marketing plans;

(2) Specific business strategy;

(3) Production techniques and trade secrets;

(4) Financial projections;

(5) Personal financial statements of the applicant or members of the applicant's immediate family, including, but not limited to, tax records or other similar information not open to public inspection.

The vote by the authority, council, or board to accept or reject the application, as well as all proceedings of the authority, council, or board not subject to this division, shall be open to the public and governed by this section.

(F) Every public body, by rule, shall establish a reasonable method whereby any person may determine the time and place of all regularly scheduled meetings and the time, place, and purpose of all special meetings. A public body shall not hold a special meeting unless it gives at least twenty-four hours' advance notice to the news media that have requested notification, except in the event of an emergency requiring immediate official action. In the event of an emergency, the member or members calling the meeting shall notify the news media that have requested notification immediately of the time, place, and purpose of the meeting.

The rule shall provide that any person, upon request and payment of a reasonable fee, may obtain reasonable advance notification of all meetings at which any specific type of public business is to be discussed. Provisions for advance notification may include, but are not limited to, mailing the agenda of meetings to all subscribers on a mailing list or mailing notices in self-addressed, stamped envelopes provided by the person.

(G) Except as provided in division (J) of this section, the members of a public body may hold an executive session only after a majority of a quorum of the public body determines, by a roll call vote, to hold an executive session and only at a regular or special meeting for the sole purpose of the consideration of any of the following matters:

(1) To consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official, or the investigation of charges or complaints against a public employee, official, licensee, or regulated individual, unless the public employee, official, licensee, or regulated individual requests a public hearing. Except as otherwise provided by law, no public body shall hold an executive session for the discipline of an elected official for conduct related to the performance of the elected official's official duties or for the elected official's removal from office. If a public body holds an executive session pursuant to division (G)(1) of this section, the motion and vote to hold that executive session shall state which one or more of the approved purposes listed in division (G)(1) of this section are the purposes for which the executive session is to be held, but need not include the name of any person to be considered at the meeting.

(2) To consider the purchase of property for public purposes, or for the sale of property at competitive bidding, if premature disclosure of information would give an unfair competitive or bargaining advantage to a person whose personal, private interest is adverse to the general public interest. No member of a public body shall use division (G)(2) of this section as a subterfuge for providing covert information to prospective buyers or sellers. A purchase or sale of public property is void if the seller or buyer of the public property has received covert information from a member of a public body that has not been disclosed to the general public in sufficient time for other prospective buyers and sellers to prepare and submit offers.

If the minutes of the public body show that all meetings and deliberations of the public body have been conducted in compliance with this section, any instrument executed by the public body purporting to convey, lease, or otherwise dispose of any right, title, or interest in any public property shall be conclusively presumed to have been executed in compliance with this section insofar as title or other interest of any bona fide purchasers, lessees, or transferees of the property is concerned.

(3) Conferences with an attorney for the public body concerning disputes involving the public body that are the subject of pending or imminent court action;

(4) Preparing for, conducting, or reviewing negotiations or bargaining sessions with public employees concerning their compensation or other terms and conditions of their employment;

(5) Matters required to be kept confidential by federal law or regulations or state statutes;

(6) Specialized details of security arrangements if disclosure of the matters discussed might reveal information that could be used for the purpose of committing, or avoiding prosecution for, a violation of the law;

(7) In the case of a county hospital operated pursuant to Chapter 339. of the Revised Code, to consider trade secrets, as defined in section 1333.61 of the Revised Code.

If a public body holds an executive session to consider any of the matters listed in divisions (G)(2) to (7) of this section, the motion and vote to hold that executive session shall state which one or more of the approved matters listed in those divisions are to be considered at the executive session.

A public body specified in division (B)(1)(c) of this section shall not hold an executive session when meeting for the purposes specified in that division.

(H) A resolution, rule, or formal action of any kind is invalid unless adopted in an open meeting of the public body. A resolution, rule, or formal action adopted in an open meeting that results from deliberations in a meeting not open to the public is invalid unless the deliberations were for a purpose specifically authorized in division (G) or (J) of this section and conducted at an executive session held in compliance with this section. A resolution, rule, or formal action adopted in an open meeting is invalid if the public body that adopted the resolution, rule, or formal action violated division (F) of this section.

(I)(1) Any person may bring an action to enforce this section. An action under division (I)(1) of this section shall be brought within two years after the date of the alleged violation or threatened violation. Upon proof of a violation or threatened violation of this section in an action brought by any person, the court of common pleas shall issue an injunction to compel the members of the public body to comply with its provisions.

(2)(a) If the court of common pleas issues an injunction pursuant to division (I)(1) of this section, the court shall order the public body that it enjoins to pay a civil forfeiture of five hundred dollars to the party that sought the injunction and shall award to that party all court costs and, subject to reduction as described in division (I)(2) of this section, reasonable attorney's fees. The court, in its discretion, may reduce an award of attorney's fees to the party that sought the injunction or not award attorney's fees to that party if the court determines both of the following:

(i) That, based on the ordinary application of statutory law and case law as it existed at the time of violation or threatened violation that was the basis of the injunction, a well-informed public body reasonably would believe that the public body was not violating or threatening to violate this section;

(ii) That a well-informed public body reasonably would believe that the conduct or threatened conduct that was the basis of the injunction would serve the public policy that underlies the authority that is asserted as permitting that conduct or threatened conduct.

(b) If the court of common pleas does not issue an injunction pursuant to division (I)(1) of this section and the court determines at that time that the bringing of the action was frivolous conduct, as defined in division (A) of section 2323.51 of the Revised Code, the court shall award to the public body all court costs and reasonable attorney's fees, as determined by the court.

(3) Irreparable harm and prejudice to the party that sought the injunction shall be conclusively and irrebuttably presumed upon proof of a violation or threatened violation of this section.

(4) A member of a public body who knowingly violates an injunction issued pursuant to division (I)(1) of this section may be removed from office by an action brought in the court of common pleas for that purpose by the prosecuting attorney or the attorney general.

(J)(1) Pursuant to division (C) of section 5901.09 of the Revised Code, a veterans service commission shall hold an executive session for one or more of the following purposes unless an applicant requests a public hearing:

(a) Interviewing an applicant for financial assistance under sections 5901.01 to 5901.15 of the Revised Code;

(b) Discussing applications, statements, and other documents described in division (B) of section 5901.09 of the Revised Code;

(c) Reviewing matters relating to an applicant's request for financial assistance under sections 5901.01 to 5901.15 of the Revised Code.

(2) A veterans service commission shall not exclude an applicant for, recipient of, or former recipient of financial assistance under sections 5901.01 to 5901.15 of the Revised Code, and shall not exclude representatives selected by the applicant, recipient, or former recipient, from a meeting that the commission conducts as an executive session that pertains to the applicant's, recipient's, or former recipient's application for financial assistance.

(3) A veterans service commission shall vote on the grant or denial of financial assistance under sections 5901.01 to 5901.15 of the Revised Code only in an open meeting of the commission. The minutes of the meeting shall indicate the name, address, and occupation of the applicant, whether the assistance was granted or denied, the amount of the assistance if assistance is granted, and the votes for and against the granting of assistance.

Sec. 149.43. (A) As used in this section:

(1) "Public record" means any record that is kept by any public office, including, but not limited to, state, county, city, village, township, and school district units, except that "public record" does not mean any of the following:

(a) Medical records;

(b) Records pertaining to probation and parole proceedings;

(c) Records pertaining to actions under section 2151.85 and division (C) of section 2919.121 of the Revised Code and to appeals of actions arising under those sections;

(d) Records pertaining to adoption proceedings, including the contents of an adoption file maintained by the department of health under section 3705.12 of the Revised Code;

(e) Information in a record contained in the putative father registry established by section 3107.062 of the Revised Code, regardless of whether the information is held by the department of human services or, pursuant to section 5101.313 of the Revised Code, the division of child support in the department or a child support enforcement agency;

(f) Records listed in division (A) of section 3107.42 of the Revised Code or specified in division (A) of section 3107.52 of the Revised Code;

(g) Trial preparation records;

(h) Confidential law enforcement investigatory records;

(i) Records containing information that is confidential under section 2317.023 or 4112.05 of the Revised Code;

(j) DNA records stored in the DNA database pursuant to section 109.573 of the Revised Code;

(k) Inmate records released by the department of rehabilitation and correction to the department of youth services or a court of record pursuant to division (E) of section 5120.21 of the Revised Code;

(l) Records maintained by the department of youth services pertaining to children in its custody released by the department of youth services to the department of rehabilitation and correction pursuant to section 5139.05 of the Revised Code;

(m) Intellectual property records;

(n) Donor profile records;

(o) Records maintained by the department of human services pursuant to section 5101.312 of the Revised Code;

(p) In the case of a county hospital operated pursuant to Chapter 339. of the Revised Code, information that constitutes a trade secret, as defined in section 1333.61 of the Revised Code;

(q) RECORDS PROVIDED TO, STATEMENTS MADE BY REVIEW BOARD MEMBERS DURING MEETINGS OF, AND ALL WORK PRODUCTS OF A CHILD FATALITY REVIEW BOARD ACTING UNDER SECTIONS 307.621 TO 307.6210 of the Revised Code, OTHER THAN THE REPORT PREPARED PURSUANT TO SECTION 307.627 OF THE REVISED CODE;

(r) RECORDS PROVIDED TO AND STATEMENTS MADE BY THE EXECUTIVE DIRECTOR OF A PUBLIC CHILDREN SERVICES AGENCY OR A PROSECUTING ATTORNEY ACTING PURSUANT TO SECTION 5153.171 OF THE REVISED CODE OTHER THAN THE INFORMATION RELEASED UNDER THAT SECTION;

(s) Records the release of which is prohibited by state or federal law.

(2) "Confidential law enforcement investigatory record" means any record that pertains to a law enforcement matter of a criminal, quasi-criminal, civil, or administrative nature, but only to the extent that the release of the record would create a high probability of disclosure of any of the following:

(a) The identity of a suspect who has not been charged with the offense to which the record pertains, or of an information source or witness to whom confidentiality has been reasonably promised;

(b) Information provided by an information source or witness to whom confidentiality has been reasonably promised, which information would reasonably tend to disclose the source's or witness's identity;

(c) Specific confidential investigatory techniques or procedures or specific investigatory work product;

(d) Information that would endanger the life or physical safety of law enforcement personnel, a crime victim, a witness, or a confidential information source.

(3) "Medical record" means any document or combination of documents, except births, deaths, and the fact of admission to or discharge from a hospital, that pertains to the medical history, diagnosis, prognosis, or medical condition of a patient and that is generated and maintained in the process of medical treatment.

(4) "Trial preparation record" means any record that contains information that is specifically compiled in reasonable anticipation of, or in defense of, a civil or criminal action or proceeding, including the independent thought processes and personal trial preparation of an attorney.

(5) "Intellectual property record" means a record, other than a financial or administrative record, that is produced or collected by or for faculty or staff of a state institution of higher learning in the conduct of or as a result of study or research on an educational, commercial, scientific, artistic, technical, or scholarly issue, regardless of whether the study or research was sponsored by the institution alone or in conjunction with a governmental body or private concern, and that has not been publicly released, published, or patented.

(6) "Donor profile record" means all records about donors or potential donors to a public institution of higher education except the names and reported addresses of the actual donors and the date, amount, and conditions of the actual donation.

(B) All public records shall be promptly prepared and made available for inspection to any person at all reasonable times during regular business hours. Upon request, a person responsible for public records shall make copies available at cost, within a reasonable period of time. In order to facilitate broader access to public records, governmental units shall maintain public records in a manner that they can be made available for inspection in accordance with this division.

(C) If a person allegedly is aggrieved by the failure of a governmental unit to promptly prepare a public record and to make it available to the person for inspection in accordance with division (B) of this section, or if a person who has requested a copy of a public record allegedly is aggrieved by the failure of a person responsible for the public record to make a copy available to the person allegedly aggrieved in accordance with division (B) of this section, the person allegedly aggrieved may commence a mandamus action to obtain a judgment that orders the governmental unit or the person responsible for the public record to comply with division (B) of this section and that awards reasonable attorney's fees to the person that instituted the mandamus action. The mandamus action may be commenced in the court of common pleas of the county in which division (B) of this section allegedly was not complied with, in the supreme court pursuant to its original jurisdiction under Section 2 of Article IV, Ohio Constitution, or in the court of appeals for the appellate district in which division (B) of this section allegedly was not complied with pursuant to its original jurisdiction under Section 3 of Article IV, Ohio Constitution.

(D) Chapter 1347. of the Revised Code does not limit the provisions of this section.

(E)(1) The bureau of motor vehicles may adopt rules pursuant to Chapter 119. of the Revised Code to reasonably limit the number of bulk commercial special extraction requests made by a person for the same records or for updated records during a calendar year. The rules may include provisions for charges to be made for bulk commercial special extraction requests for the actual cost of the bureau, plus special extraction costs, plus ten per cent. The bureau may charge for expenses for redacting information, the release of which is prohibited by law.

(2) As used in division (E)(1) of this section:

(a) "Actual cost" means the cost of depleted supplies, records storage media costs, actual mailing and alternative delivery costs, or other transmitting costs, and any direct equipment operating and maintenance costs, including actual costs paid to private contractors for copying services.

(b) "Bulk commercial special extraction request" means a request for copies of a record for information in a format other than the format already available, or information that cannot be extracted without examination of all items in a records series, class of records, or data base by a person who intends to use or forward the copies for surveys, marketing, solicitation, or resale for commercial purposes. "Bulk commercial special extraction request" does not include a request by a person who gives assurance to the bureau that the person making the request does not intend to use or forward the requested copies for surveys, marketing, solicitation, or resale for commercial purposes.

(c) "Commercial" means profit-seeking production, buying, or selling of any good, service, or other product.

(d) "Special extraction costs" means the cost of the time spent by the lowest paid employee competent to perform the task, the actual amount paid to outside private contractors employed by the bureau, or the actual cost incurred to create computer programs to make the special extraction. "Special extraction costs" include any charges paid to a public agency for computer or records services.

(3) For purposes of divisions (E)(1) and (2) of this section, "commercial surveys, marketing, solicitation, or resale" shall be narrowly construed and does not include reporting or gathering news, reporting or gathering information to assist citizen oversight or understanding of the operation or activities of government, or nonprofit educational research.

Sec. 305.14. (A) The court of common pleas, upon the application of the prosecuting attorney and the board of county commissioners, may authorize the board to employ legal counsel to assist the prosecuting attorney, the board, or any other county officer in any matter of public business coming before such board or officer, and in the prosecution or defense of any action or proceeding in which such board or officer is a party or has an interest, in its official capacity.

(B) The board of county commissioners may also employ legal counsel, as provided in section 309.09 of the Revised Code, to represent it in any matter of public business coming before such board, and in the prosecution or defense of any action or proceeding in which such board is a party or has an interest, in its official capacity.

(C) Notwithstanding division (A) of this section, a county board of mental retardation and developmental disabilities OR A PUBLIC CHILDREN SERVICES AGENCY may, without the authorization of the court of common pleas, employ legal counsel to advise it or to represent it or any of its members or employees in any matter of public business coming before the board OR AGENCY or in the prosecution or defense of any action or proceeding in which the board OR AGENCY in its official capacity, or a board OR AGENCY member or employee in his THE MEMBER'S OR EMPLOYEE'S official capacity, is a party or has an interest, except that in any legal proceeding in which the prosecuting attorney is fully able to perform his THE PROSECUTING ATTORNEY'S statutory duty to represent the board OR AGENCY without conflict of interest, the board OR AGENCY shall employ other counsel only with the written consent of the prosecuting attorney. In any legal proceeding in which the prosecuting attorney is unable, for any reason, to represent the board OR AGENCY, he THE PROSECUTING ATTORNEY shall so notify the board OR AGENCY, and the board OR AGENCY may then employ counsel for the proceeding without further permission from any authority.

Sec. 307.621. AS USED IN SECTIONS 307.621 TO 307.6210 OF THE REVISED CODE, "IMMEDIATE FAMILY" MEANS BIOLOGICAL SIBLINGS OF A CHILD, BIOLOGICAL SIBLINGS WHO SHARE ONLY ONE BIOLOGICAL PARENT WITH THE CHILD, SIBLINGS BY ADOPTION, A BIOLOGICAL PARENT, OR A PARENT BY ADOPTION.

Sec. 307.622. A BOARD OF COUNTY COMMISSIONERS SHALL APPOINT A HEALTH COMMISSIONER OF THE BOARD OF HEALTH OF A CITY OR GENERAL HEALTH DISTRICT THAT IS ENTIRELY OR PARTIALLY LOCATED IN THE COUNTY IN WHICH THE BOARD OF COUNTY COMMISSIONERS IS LOCATED TO ESTABLISH A CHILD FATALITY REVIEW BOARD TO REVIEW THE DEATHS OF CHILDREN UNDER EIGHTEEN YEARS OF AGE. THE BOARDS OF COUNTY COMMISSIONERS OF TWO OR MORE COUNTIES MAY, BY ADOPTING A JOINT RESOLUTION PASSED BY A MAJORITY OF THE MEMBERS OF EACH PARTICIPATING BOARD OF COUNTY COMMISSIONERS, CREATE A REGIONAL CHILD FATALITY REVIEW BOARD TO SERVE ALL PARTICIPATING COUNTIES. THE JOINT RESOLUTION SHALL APPOINT, FOR EACH COUNTY PARTICIPATING AS PART OF THE REGIONAL REVIEW BOARD, ONE HEALTH COMMISSIONER FROM A BOARD OF HEALTH OF A CITY OR GENERAL HEALTH DISTRICT LOCATED AT LEAST IN PART IN EACH COUNTY. THE HEALTH COMMISSIONERS APPOINTED SHALL SELECT ONE OF THEIR NUMBER AS THE HEALTH COMMISSIONER TO ESTABLISH THE REGIONAL REVIEW BOARD. THE REGIONAL REVIEW BOARD SHALL BE ESTABLISHED IN THE SAME MANNER AS PROVIDED FOR SINGLE COUNTY REVIEW BOARDS.

IN ANY COUNTY THAT HAS A BODY ACTING AS A CHILD FATALITY REVIEW BOARD ON THE EFFECTIVE DATE OF THIS SECTION, THE BOARD OF COUNTY COMMISSIONERS OF THAT COUNTY, IN LIEU OF HAVING A HEALTH COMMISSIONER ESTABLISH A CHILD FATALITY REVIEW BOARD, SHALL APPOINT THAT BODY TO FUNCTION AS THE CHILD FATALITY REVIEW BOARD FOR THE COUNTY. THE BODY SHALL HAVE THE SAME DUTIES, OBLIGATIONS, AND PROTECTIONS AS A CHILD FATALITY REVIEW BOARD APPOINTED BY A HEALTH COMMISSIONER. THE BOARD OF COUNTY COMMISSIONERS OR AN INDIVIDUAL DESIGNATED BY THE BOARD SHALL CONVENE THE BODY AS REQUIRED BY SECTION 307.625 of the Revised Code.

Sec. 307.623. (A) THE HEALTH COMMISSIONER OF THE BOARD OF HEALTH OF A CITY OR A GENERAL HEALTH DISTRICT WHO IS APPOINTED UNDER SECTION 307.622 of the Revised Code TO ESTABLISH THE CHILD FATALITY REVIEW BOARD SHALL SELECT SIX MEMBERS TO SERVE ON THE CHILD FATALITY REVIEW BOARD ALONG WITH THE COMMISSIONER. THE REVIEW BOARD SHALL CONSIST OF THE FOLLOWING:

(1) A COUNTY CORONER OR DESIGNEE;

(2) THE CHIEF OF POLICE OF A POLICE DEPARTMENT OR THE SHERIFF THAT SERVES THE GREATEST POPULATION IN THE COUNTY OR REGION OR A DESIGNEE OF THE CHIEF OR SHERIFF;

(3) THE EXECUTIVE DIRECTOR OF A PUBLIC CHILDREN SERVICES AGENCY OR DESIGNEE;

(4) A PUBLIC HEALTH OFFICIAL OR DESIGNEE;

(5) THE EXECUTIVE DIRECTOR OF A BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICE OR DESIGNEE;

(6) A PHYSICIAN WHO HOLDS A CERTIFICATE ISSUED PURSUANT TO CHAPTER 4731. OF THE REVISED CODE AUTHORIZING THE PRACTICE OF MEDICINE AND SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY, SPECIALIZES IN PEDIATRIC OR FAMILY MEDICINE, AND CURRENTLY PRACTICES PEDIATRIC OR FAMILY MEDICINE.

(B) THE MAJORITY OF THE MEMBERS OF A REVIEW BOARD MAY INVITE ADDITIONAL MEMBERS TO SERVE ON THE BOARD. THE ADDITIONAL MEMBERS INVITED UNDER THIS DIVISION SHALL SERVE FOR A PERIOD OF TIME DETERMINED BY A MAJORITY OF THE MEMBERS DESCRIBED IN DIVISION (A) OF THIS SECTION. AN ADDITIONAL MEMBER SHALL HAVE THE SAME AUTHORITY, DUTIES, AND RESPONSIBILITIES AS MEMBERS DESCRIBED IN DIVISION (A) OF THIS SECTION.

(C) A VACANCY IN A CHILD FATALITY REVIEW BOARD SHALL BE FILLED IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT.

Sec. 307.624. THE PURPOSE OF THE CHILD FATALITY REVIEW BOARD IS TO DECREASE THE INCIDENCE OF PREVENTABLE CHILD DEATHS BY DOING ALL OF THE FOLLOWING:

(A) PROMOTING COOPERATION, COLLABORATION, AND COMMUNICATION BETWEEN ALL GROUPS, PROFESSIONS, AGENCIES, OR ENTITIES THAT SERVE FAMILIES AND CHILDREN;

(B) MAINTAINING A COMPREHENSIVE DATABASE OF ALL CHILD DEATHS THAT OCCUR IN THE COUNTY OR REGION SERVED BY THE CHILD FATALITY REVIEW BOARD IN ORDER TO DEVELOP AN UNDERSTANDING OF THE CAUSES AND INCIDENCE OF THOSE DEATHS;

(C) RECOMMENDING AND DEVELOPING PLANS FOR IMPLEMENTING LOCAL SERVICE AND PROGRAM CHANGES AND CHANGES TO THE GROUPS, PROFESSIONS, AGENCIES, OR ENTITIES THAT SERVE FAMILIES AND CHILDREN THAT MIGHT PREVENT CHILD DEATHS;

(D) ADVISING THE DEPARTMENT OF HEALTH OF AGGREGATE DATA, TRENDS, AND PATTERNS CONCERNING CHILD DEATHS.

Sec. 307.625. THE BOARD OF COUNTY COMMISSIONERS, OR IF A REGIONAL CHILD FATALITY REVIEW BOARD IS ESTABLISHED, THE GROUP OF HEALTH COMMISSIONERS APPOINTED TO SELECT THE HEALTH COMMISSIONER TO ESTABLISH THE REGIONAL REVIEW BOARD, SHALL DESIGNATE EITHER THE HEALTH COMMISSIONER THAT ESTABLISHES THE REVIEW BOARD OR A REPRESENTATIVE OF THE HEALTH COMMISSIONER TO CONVENE MEETINGS AND BE THE CHAIRPERSON OF THE REVIEW BOARD. IF A REGIONAL REVIEW BOARD INCLUDES A COUNTY WITH MORE THAN ONE HEALTH DISTRICT, THE REGIONAL REVIEW BOARD MEETING SHALL BE CONVENED IN THAT COUNTY. IF MORE THAN ONE OF THE COUNTIES PARTICIPATING ON THE REGIONAL REVIEW BOARD HAS MORE THAN ONE HEALTH DISTRICT, THE PERSON CONVENING THE MEETING SHALL SELECT ONE OF THE COUNTIES WITH MORE THAN ONE HEALTH DISTRICT AS THE COUNTY IN WHICH TO CONVENE THE MEETING. THE PERSON DESIGNATED TO CONVENE THE REVIEW BOARD SHALL CONVENE IT AT LEAST ONCE A YEAR TO REVIEW, IN ACCORDANCE WITH THIS SECTION AND THE RULES ADOPTED BY THE DEPARTMENT OF HEALTH UNDER SECTION 3701.045 OF THE REVISED CODE, THE DEATHS OF ALL CHILDREN UNDER EIGHTEEN YEARS OF AGE WHO, AT THE TIME OF DEATH, WERE RESIDENTS OF THE COUNTY OR, IF A REGIONAL REVIEW BOARD, ONE OF THE PARTICIPATING COUNTIES.

Sec. 307.626. A CHILD FATALITY REVIEW BOARD MAY NOT CONDUCT A REVIEW OF THE DEATH OF A CHILD DESCRIBED IN SECTION 307.625 of the Revised Code WHILE AN INVESTIGATION OF THE DEATH OR PROSECUTION OF A PERSON FOR CAUSING THE DEATH IS PENDING UNLESS THE PROSECUTING ATTORNEY AGREES TO ALLOW THE REVIEW. THE LAW ENFORCEMENT AGENCY CONDUCTING THE CRIMINAL INVESTIGATION, ON THE CONCLUSION OF THE INVESTIGATION, AND THE PROSECUTING ATTORNEY PROSECUTING THE CASE, ON THE CONCLUSION OF THE PROSECUTION, SHALL NOTIFY THE CHAIRPERSON OF THE REVIEW BOARD OF THE CONCLUSION.

Sec. 307.627. (A) BY THE FIRST DAY OF APRIL OF EACH YEAR, THE PERSON CONVENING THE CHILD FATALITY REVIEW BOARD SHALL PREPARE AND SUBMIT TO THE OHIO DEPARTMENT OF HEALTH A REPORT THAT INCLUDES ALL OF THE FOLLOWING INFORMATION WITH RESPECT TO EACH CHILD DEATH THAT WAS REVIEWED BY THE REVIEW BOARD IN THE PREVIOUS CALENDAR YEAR:

(1) THE CAUSE OF DEATH;

(2) FACTORS CONTRIBUTING TO DEATH;

(3) AGE;

(4) SEX;

(5) RACE;

(6) THE GEOGRAPHIC LOCATION OF DEATH;

(7) THE YEAR OF DEATH.

THE REPORT SHALL SPECIFY THE NUMBER OF CHILD DEATHS THAT HAVE NOT BEEN REVIEWED SINCE THE EFFECTIVE DATE OF THIS SECTION.

THE REPORT MAY INCLUDE RECOMMENDATIONS FOR ACTIONS THAT MIGHT PREVENT OTHER DEATHS, AS WELL AS ANY OTHER INFORMATION THE REVIEW BOARD DETERMINES SHOULD BE INCLUDED.

(B) REPORTS PREPARED UNDER THIS SECTION SHALL BE CONSIDERED PUBLIC RECORDS UNDER SECTION 149.43 OF THE REVISED CODE.

Sec. 307.628. (A) NOTWITHSTANDING SECTION 3701.243 AND ANY OTHER SECTION OF THE REVISED CODE PERTAINING TO CONFIDENTIALITY, ANY INDIVIDUAL; PUBLIC CHILDREN SERVICES AGENCY, PRIVATE CHILD PLACING AGENCY, OR AGENCY THAT PROVIDES SERVICES SPECIFICALLY TO INDIVIDUALS OR FAMILIES; LAW ENFORCEMENT AGENCY; OR OTHER PUBLIC OR PRIVATE ENTITY THAT PROVIDED SERVICES TO A CHILD WHOSE DEATH IS BEING REVIEWED BY A CHILD FATALITY REVIEW BOARD SHALL, ON THE REQUEST OF THE REVIEW BOARD, MAKE ANY REQUESTED INFORMATION AVAILABLE TO THE REVIEW BOARD. FOR PURPOSES OF THE REVIEW, THE REVIEW BOARD SHALL HAVE ACCESS TO CONFIDENTIAL INFORMATION, AND EACH MEMBER OF THE REVIEW BOARD SHALL PRESERVE THE CONFIDENTIALITY OF THAT INFORMATION.

(B) NOTWITHSTANDING DIVISION (A) OF THIS SECTION, NO PERSON, ENTITY, LAW ENFORCEMENT AGENCY, OR PROSECUTING ATTORNEY IS REQUIRED TO PROVIDE ANY INFORMATION REGARDING THE DEATH OF A CHILD TO A CHILD FATALITY REVIEW BOARD WHILE AN INVESTIGATION OF THE DEATH OR PROSECUTION OF A PERSON FOR CAUSING THE DEATH IS PENDING UNLESS THE PROSECUTING ATTORNEY HAS AGREED PURSUANT TO SECTION 307.626 of the Revised Code TO ALLOW REVIEW OF THE DEATH.

Sec. 307.629. (A) AN INDIVIDUAL OR PUBLIC OR PRIVATE ENTITY PROVIDING INFORMATION, DOCUMENTS, OR REPORTS TO A CHILD FATALITY REVIEW BOARD IS IMMUNE FROM ANY CIVIL LIABILITY FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY THAT OTHERWISE MIGHT BE INCURRED OR IMPOSED AS A RESULT OF PROVIDING THE INFORMATION, DOCUMENTS, OR REPORTS TO THE REVIEW BOARD.

(B) EACH MEMBER OF A REVIEW BOARD IS IMMUNE FROM ANY CIVIL LIABILITY FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY THAT MIGHT OTHERWISE BE INCURRED OR IMPOSED AS A RESULT OF THE MEMBER'S PARTICIPATION ON THE REVIEW BOARD.

Sec. 307.6210. (A)(1) EXCEPT AS PROVIDED IN SECTIONS 5153.171 TO 5153.173 of the Revised Code, ANY INFORMATION, DOCUMENT, OR REPORT PRESENTED TO A CHILD FATALITY REVIEW BOARD, ALL STATEMENTS MADE BY REVIEW BOARD MEMBERS DURING MEETINGS OF THE REVIEW BOARD, AND ALL WORK PRODUCTS OF THE REVIEW BOARD, OTHER THAN THE REPORT PREPARED PURSUANT TO SECTION 307.627 OF THE REVISED CODE, ARE CONFIDENTIAL AND SHALL BE USED BY THE REVIEW BOARD AND ITS MEMBERS ONLY IN THE EXERCISE OF THE PROPER FUNCTIONS OF THE REVIEW BOARD. THE INFORMATION, DOCUMENTS, AND REPORTS, THE STATEMENTS MADE BY BOARD MEMBERS, AND THE WORK PRODUCTS ARE NOT SUBJECT TO SUBPOENA OR DISCOVERY IN CIVIL PROCEEDINGS. IN ANY CRIMINAL PROCEEDING OR ANY PROCEEDING IN WHICH A CHILD IS ALLEGED TO BE AN ABUSED, NEGLECTED, OR DEPENDENT CHILD, AT THE REQUEST OF A PROSECUTOR THE COURT MAY ISSUE A SUBPOENA TO OBTAIN, OR ORDER THAT DISCOVERY BE PERMITTED OF, THE INFORMATION, DOCUMENTS, OR REPORTS PROVIDED TO A CHILD FATALITY REVIEW BOARD IF THE PROSECUTOR DEMONSTRATES THAT THE INFORMATION, DOCUMENTS, OR REPORTS ARE NECESSARY TO THE PROCEEDING AND ARE NOT AVAILABLE FROM ANOTHER SOURCE. THIS SECTION DOES NOT AFFECT THE PRIVILEGES OR IMMUNITIES PROVIDED BY THE REVISED CODE OR AVAILABLE AT COMMON LAW.

(2) AT THE REQUEST OF A PROSECUTOR PURSUANT TO DIVISION (A)(1) OF THIS SECTION, ONE OF THE FOLLOWING JUDGES OF THE COMMON PLEAS COURT OF THE COUNTY THE DECEASED CHILD WHO IS SUBJECT OF OR IS ADDRESSED BY THE CRIMINAL PROCEEDING OR PROCEEDING IN WHICH A CHILD IS ALLEGED TO BE AN ABUSED, NEGLECTED, OR DEPENDENT CHILD RESIDED IN AT THE TIME OF DEATH MAY ISSUE A SUBPOENA OR ORDER DISCOVERY AS PROVIDED IN DIVISION (A)(1) OF THIS SECTION:

(a) IF THE DECEASED CHILD WAS NEVER ADJUDICATED AN ABUSED, NEGLECTED, OR DEPENDENT CHILD BY A JUDGE OF THE COURT OF COMMON PLEAS OF THE COUNTY, THE JUDGE OF THE PROBATE DIVISION WHO IS MOST SENIOR IN LENGTH OF SERVICE AS A COMMON PLEAS JUDGE OF THE COUNTY;

(b) IF THE DECEASED CHILD WAS ADJUDICATED AN ABUSED, NEGLECTED, OR DEPENDENT CHILD BY A JUDGE OF THE COMMON PLEAS COURT OF THE COUNTY, ONE OF THE FOLLOWING JUDGES OF THAT COURT:

(i) IF THE COURT HAS ONLY ONE JUDGE AND THE JUDGE DID NOT MAKE THE PRIOR ADJUDICATION, THAT JUDGE;

(ii)IF THE COURT HAS ONLY ONE JUDGE AND THE JUDGE MADE THE PRIOR ADJUDICATION, A JUDGE APPOINTED BY THE SUPREME COURT PURSUANT TO DIVISION (A)(3) OF THIS SECTION;

(iii) IF THE COURT HAS A PROBATE DIVISION THAT IS NOT COMBINED WITH ANY OTHER DIVISION, THE JUDGE OF THE PROBATE DIVISION WHO IS MOST SENIOR IN LENGTH OF SERVICE AS A COMMON PLEAS JUDGE OF THE COUNTY;

(iv) IF THE COURT HAS A PROBATE DIVISION THAT IS COMBINED WITH ONE OR MORE OTHER DIVISIONS AND THE JUDGE OF THE COMBINED DIVISION DID NOT MAKE THE PRIOR ADJUDICATION, THAT JUDGE;

(v) IF THE PROBATE DIVISION IS COMBINED WITH ONE OR MORE OTHER DIVISIONS AND THE JUDGE OF THE COMBINED DIVISION MADE THE PRIOR ADJUDICATION, THE JUDGE OF THE GENERAL DIVISION WHO IS MOST SENIOR IN LENGTH OF SERVICE AS A COMMON PLEAS JUDGE OF THE COUNTY.

(3) IF THE COURT HAS ONLY ONE JUDGE AND THAT JUDGE MADE AN ADJUDICATION THAT THE DECEASED CHILD WAS AN ABUSED, NEGLECTED, OR DEPENDENT CHILD, ON RECEIPT OF THE PROSECUTOR'S REQUEST PURSUANT TO DIVISION (A)(1) OF THIS SECTION, THE COURT SHALL IMMEDIATELY NOTIFY THE SUPREME COURT. NO LATER THAN FOURTEEN DAYS AFTER THE DATE THE REQUEST IS RECEIVED, THE SUPREME COURT SHALL APPOINT A JUDGE TO MAKE A DETERMINATION ON THE REQUEST PURSUANT TO DIVISION (A)(1) OF THIS SECTION.

(B) NO PERSON SHALL PERMIT OR ENCOURAGE THE UNAUTHORIZED DISSEMINATION OF THE CONFIDENTIAL INFORMATION DESCRIBED IN DIVISION (A) OF THIS SECTION.

(C) WHOEVER VIOLATES DIVISION (B) OF THIS SECTION IS GUILTY OF A MISDEMEANOR OF THE SECOND DEGREE.

Sec. 2151.421. (A)(1)(a) No person described in division (A)(1)(b) of this section who is acting in an official or professional capacity and knows or suspects that a child under eighteen years of age or a mentally retarded, developmentally disabled, or physically impaired child under twenty-one years of age has suffered or faces a threat of suffering any physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of the child, shall fail to immediately report that knowledge or suspicion to the public children services agency or a municipal or county peace officer in the county in which the child resides or in which the abuse or neglect is occurring or has occurred.

(b) Division (A)(1)(a) of this section applies to any person who is an attorney; physician, including a hospital intern or resident; dentist; podiatrist; practitioner of a limited branch of medicine as specified in section 4731.15 of the Revised Code; registered nurse; licensed practical nurse; visiting nurse; other health care professional; licensed psychologist; licensed school psychologist; speech pathologist or audiologist; coroner; administrator or employee of a child day-care center; administrator or employee of a residential camp or child day camp; administrator or employee of a certified child care agency or other public or private children services agency; school teacher; school employee; school authority; person engaged in social work or the practice of professional counseling; or a person rendering spiritual treatment through prayer in accordance with the tenets of a well-recognized religion.

(2) An attorney or a physician is not required to make a report pursuant to division (A)(1) of this section concerning any communication the attorney or physician receives from a client or patient in an attorney-client or physician-patient relationship, if, in accordance with division (A) or (B) of section 2317.02 of the Revised Code, the attorney or physician could not testify with respect to that communication in a civil or criminal proceeding, except that the client or patient is deemed to have waived any testimonial privilege under division (A) or (B) of section 2317.02 of the Revised Code with respect to that communication and the attorney or physician shall make a report pursuant to division (A)(1) of this section with respect to that communication, if all of the following apply:

(a) The client or patient, at the time of the communication, is either a child under eighteen years of age or a mentally retarded, developmentally disabled, or physically impaired person under twenty-one years of age.

(b) The attorney or physician knows or suspects, as a result of the communication or any observations made during that communication, that the client or patient has suffered or faces a threat of suffering any physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of the client or patient.

(c) The attorney-client or physician-patient relationship does not arise out of the client's or patient's attempt to have an abortion without the notification of her parents, guardian, or custodian in accordance with section 2151.85 of the Revised Code.

(B) Anyone, who knows or suspects that a child under eighteen years of age or a mentally retarded, developmentally disabled, or physically impaired person under twenty-one years of age has suffered or faces a threat of suffering any physical or mental wound, injury, disability, or other condition of a nature that reasonably indicates abuse or neglect of the child, may report or cause reports to be made of that knowledge or suspicion to the public children services agency or to a municipal or county peace officer.

(C) Any report made pursuant to division (A) or (B) of this section shall be made forthwith either by telephone or in person and shall be followed by a written report, if requested by the receiving agency or officer. The written report shall contain:

(1) The names and addresses of the child and the child's parents or the person or persons having custody of the child, if known;

(2) The child's age and the nature and extent of the child's known or suspected injuries, abuse, or neglect or of the known or suspected threat of injury, abuse, or neglect, including any evidence of previous injuries, abuse, or neglect;

(3) Any other information that might be helpful in establishing the cause of the known or suspected injury, abuse, or neglect or of the known or suspected threat of injury, abuse, or neglect.

Any person, who is required by division (A) of this section to report known or suspected child abuse or child neglect, may take or cause to be taken color photographs of areas of trauma visible on a child and, if medically indicated, cause to be performed radiological examinations of the child.

(D)(1) Upon the receipt of a report concerning the possible abuse or neglect of a child or the possible threat of abuse or neglect of a child, the municipal or county peace officer who receives the report shall refer the report to the appropriate public children services agency.

(2) On receipt of a report pursuant to this division or division (A) or (B) of this section, the public children services agency shall comply with section 2151.422 of the Revised Code.

(E) No township, municipal, or county peace officer shall remove a child about whom a report is made pursuant to this section from the child's parents, stepparents, or guardian or any other persons having custody of the child without consultation with the public children services agency, unless, in the judgment of the officer, and, if the report was made by A physician, the physician, immediate removal is considered essential to protect the child from further abuse or neglect. The agency that must be consulted shall be the agency conducting the investigation of the report as determined pursuant to section 2151.422 of the Revised Code.

(F)(1)(a) Except as provided in section 2151.422 of the Revised Code, the public children services agency shall investigate, within twenty-four hours, each report of known or suspected child abuse or child neglect and of a known or suspected threat of child abuse or child neglect that is referred to it under this section to determine the circumstances surrounding the injuries, abuse, or neglect or the threat of injury, abuse, or neglect, the cause of the injuries, abuse, neglect, or threat, and the person or persons responsible. The investigation shall be made in cooperation with the law enforcement agency and in accordance with the memorandum of understanding prepared under division (J) of this section. A failure to make the investigation in accordance with the memorandum is not grounds for, and shall not result in, the dismissal of any charges or complaint arising from the report or the suppression of any evidence obtained as a result of the report and does not give, and shall not be construed as giving, any rights or any grounds for appeal or post-conviction relief to any person. The public children services agency shall report each case to a central registry which the state department of human services shall maintain in order to determine whether prior reports have been made in other counties concerning the child or other principals in the case. The EXCEPT THAT, IF THE DEPARTMENT IMPLEMENTS A STATEWIDE AUTOMATED CHILD WELFARE INFORMATION SYSTEM, THE PUBLIC CHILDREN SERVICES AGENCY SHALL INSTEAD REPORT EACH CASE TO THAT SYSTEM. THE INFORMATION REPORTED TO THE SYSTEM SHALL NOT INCLUDE THE NAME OF THE PERSON ALLEGED TO HAVE INFLICTED THE ABUSE OR NEGLECT ON THE CHILD AND SHALL INCLUDE ONLY THE FOLLOWING:

(i) THE CHILD'S NAME;

(ii)DEMOGRAPHIC INFORMATION CONCERNING THE CHILD;

(iii) THE TYPE OF ALLEGATION REPORTED;

(iv) THE CHILD'S COUNTY OF RESIDENCE;

(v) WHETHER THE PUBLIC CHILDREN SERVICES AGENCY PROVIDED SERVICES TO THE CHILD.

(b) THE public children services agency shall submit a report of its investigation, in writing, to the law enforcement agency.

(2) The public children services agency shall make any recommendations to the county prosecuting attorney or city director of law that it considers necessary to protect any children that are brought to its attention.

(G)(1)(a) Except as provided in division (H)(3) of this section, anyone or any hospital, institution, school, health department, or agency participating in the making of reports under division (A) of this section, anyone or any hospital, institution, school, health department, or agency participating in good faith in the making of reports under division (B) of this section, and anyone participating in good faith in a judicial proceeding resulting from the reports, shall be immune from any civil or criminal liability for injury, death, or loss to person or property that otherwise might be incurred or imposed as a result of the making of the reports or the participation in the judicial proceeding.

(b) Notwithstanding section 4731.22 of the Revised Code, the physician-patient privilege shall not be a ground for excluding evidence regarding a child's injuries, abuse, or neglect, or the cause of the injuries, abuse, or neglect in any judicial proceeding resulting from a report submitted pursuant to this section.

(2) In any civil or criminal action or proceeding in which it is alleged and proved that participation in the making of a report under this section was not in good faith or participation in a judicial proceeding resulting from a report made under this section was not in good faith, the court shall award the prevailing party reasonable attorney's fees and costs and, if a civil action or proceeding is voluntarily dismissed, may award reasonable attorney's fees and costs to the party against whom the civil action or proceeding is brought.

(H)(1) Except as provided in divisions (H)(4) AND (5), (M), and (N) of this section, a report made under this section is confidential. The information provided in a report made pursuant to this section and the name of the person who made the report shall not be released for use, and shall not be used, as evidence in any civil action or proceeding brought against the person who made the report. In a criminal proceeding, the report is admissible in evidence in accordance with the Rules of Evidence and is subject to discovery in accordance with the Rules of Criminal Procedure.

(2) No person shall permit or encourage the unauthorized dissemination of the contents of any report made under this section.

(3) A person who knowingly makes or causes another person to make a false report under division (B) of this section that alleges that any person has committed an act or omission that resulted in a child being an abused child or a neglected child is guilty of a violation of section 2921.14 of the Revised Code.

(4) IF A REPORT IS MADE PURSUANT TO DIVISION (A) OR (B) OF THIS SECTION AND THE CHILD WHO IS THE SUBJECT OF THE REPORT DIES FOR ANY REASON AT ANY TIME AFTER THE REPORT IS MADE, BUT BEFORE THE CHILD ATTAINS EIGHTEEN YEARS OF AGE, THE PUBLIC CHILDREN SERVICES AGENCY OR MUNICIPAL OR COUNTY PEACE OFFICER TO WHICH THE REPORT WAS MADE OR REFERRED SHALL, ON THE REQUEST OF THE CHILD FATALITY REVIEW BOARD, MAKE THE REPORT AVAILABLE TO THE CHILD FATALITY REVIEW BOARD OF THE COUNTY IN WHICH THE DECEASED CHILD RESIDED AT THE TIME OF DEATH.

(5) A public children services agency shall advise a person alleged to have inflicted abuse or neglect on a child who is the subject of a report made pursuant to this section of the disposition of the investigation. The agency shall not provide to the person any information that identifies the person who made the report, statements of witnesses, or police or other investigative reports.

(I) Any report that is required by this section shall result in protective services and emergency supportive services being made available by the public children services agency on behalf of the children about whom the report is made, in an effort to prevent further neglect or abuse, to enhance their welfare, and, whenever possible, to preserve the family unit intact. The agency required to provide the services shall be the agency conducting the investigation of the report pursuant to section 2151.422 of the Revised Code.

(J)(1) Each public children services agency shall prepare a memorandum of understanding that is signed by all of the following:

(a) If there is only one juvenile judge in the county, the juvenile judge of the county or the juvenile judge's representative;

(b) If there is more than one juvenile judge in the county, a juvenile judge or the juvenile judges' representative selected by the juvenile judges or, if they are unable to do so for any reason, the juvenile judge who is senior in point of service or the senior juvenile judge's representative;

(c) The county peace officer;

(d) All chief municipal peace officers within the county;

(e) Other law enforcement officers handling child abuse and neglect cases in the county;

(f) The prosecuting attorney of the county;

(g) If the public children services agency is not the county department of human services, the county department of human services.

(2) A memorandum of understanding shall set forth the normal operating procedure to be employed by all concerned officials in the execution of their respective responsibilities under this section and division (C) of section 2919.21, division (B)(1) of section 2919.22, division (B) of section 2919.23, and section 2919.24 of the Revised Code and shall have as two of its primary goals the elimination of all unnecessary interviews of children who are the subject of reports made pursuant to division (A) or (B) of this section and, when feasible, providing for only one interview of a child who is the subject of any report made pursuant to division (A) or (B) of this section. A failure to follow the procedure set forth in the memorandum by the concerned officials is not grounds for, and shall not result in, the dismissal of any charges or complaint arising from any reported case of abuse or neglect or the suppression of any evidence obtained as a result of any reported child abuse or child neglect and does not give, and shall not be construed as giving, any rights or any grounds for appeal or post-conviction relief to any person.

(3) A memorandum of understanding shall include all of the following:

(a) The roles and responsibilities for handling emergency and non-emergency cases of abuse and neglect;

(b) Standards and procedures to be used in handling and coordinating investigations of reported cases of child abuse and reported cases of child neglect, methods to be used in interviewing the child who is the subject of the report and who allegedly was abused or neglected, and standards and procedures addressing the categories of persons who may interview the child who is the subject of the report and who allegedly was abused or neglected.

(K)(1) Except as provided in division (K)(4) of this section, a person who is required to make a report pursuant to division (A) of this section may make a reasonable number of requests of the public children services agency that receives or is referred the report to be provided with the following information:

(a) Whether the agency has initiated an investigation of the report;

(b) Whether the agency is continuing to investigate the report;

(c) Whether the agency is otherwise involved with the child who is the subject of the report;

(d) The general status of the health and safety of the child who is the subject of the report;

(e) Whether the report has resulted in the filing of a complaint in juvenile court or of criminal charges in another court.

(2) A person may request the information specified in division (K)(1) of this section only if, at the time the report is made, the person's name, address, and telephone number are provided to the person who receives the report.

When a municipal or county peace officer or employee of a public children services agency receives a report pursuant to division (A) or (B) of this section the recipient of the report shall inform the person of the right to request the information described in division (K)(1) of this section. The recipient of the report shall include in the initial child abuse or child neglect report that the person making the report was so informed and, if provided at the time of the making of the report, shall include the person's name, address, and telephone number in the report.

Each request is subject to verification of the identity of the person making the report. If that person's identity is verified, the agency shall provide the person with the information described in division (K)(1) of this section a reasonable number of times, except that the agency shall not disclose any confidential information regarding the child who is the subject of the report other than the information described in those divisions.

(3) A request made pursuant to division (K)(1) of this section is not a substitute for any report required to be made pursuant to division (A) of this section.

(4) If an agency other than the agency that received or was referred the report is conducting the investigation of the report pursuant to section 2151.422 of the Revised Code, the agency conducting the investigation shall comply with the requirements of division (K) of this section.

(L) The department of human services shall adopt rules in accordance with Chapter 119. of the Revised Code to implement this section. The department may enter into a plan of cooperation with any other governmental entity to aid in ensuring that children are protected from abuse and neglect. The department shall make recommendations to the attorney general that the department determines are necessary to protect children from child abuse and child neglect.

(M) No later than the end of the day following the day on which a public children services agency receives a report of alleged child abuse or child neglect, or a report of an alleged threat of child abuse or child neglect, that allegedly occurred in or involved an out-of-home care entity, the agency shall provide written notice of the allegations contained in and the person named as the alleged perpetrator in the report to the administrator, director, or other chief administrative officer of the out-of-home care entity that is the subject of the report unless the administrator, director, or other chief administrative officer is named as an alleged perpetrator in the report. If the administrator, director, or other chief administrative officer of an out-of-home care entity is named as an alleged perpetrator in a report of alleged child abuse or child neglect, or a report of an alleged threat of child abuse or child neglect, that allegedly occurred in or involved the out-of-home care entity, the agency shall provide the written notice to the owner or governing board of the out-of-home care entity that is the subject of the report. The agency shall not provide witness statements or police or other investigative reports.

(N) No later than three days after the day on which a public children services agency that conducted the investigation as determined pursuant to section 2151.422 of the Revised Code makes a disposition of an investigation involving a report of alleged child abuse or child neglect, or a report of an alleged threat of child abuse or child neglect, that allegedly occurred in or involved an out-of-home care entity, the agency shall send written notice of the disposition of the investigation to the administrator, director, or other chief administrative officer and the owner or governing board of the out-of-home care entity. The agency shall not provide witness statements or police or other investigative reports.

Sec. 2317.02. The following persons shall not testify in certain respects:

(A) An attorney, concerning a communication made to the attorney by a client in that relation or the attorney's advice to a client, except that the attorney may testify by express consent of the client or, if the client is deceased, by the express consent of the surviving spouse or the executor or administrator of the estate of the deceased client and except that, if the client voluntarily testifies or is deemed by section 2151.421 of the Revised Code to have waived any testimonial privilege under this division, the attorney may be compelled to testify on the same subject;

(B)(1) A physician or a dentist concerning a communication made to the physician or dentist by a patient in that relation or the physician's or dentist's advice to a patient, except as otherwise provided in this division, division (B)(2), and division (B)(3) of this section, and except that, if the patient is deemed by section 2151.421 of the Revised Code to have waived any testimonial privilege under this division, the physician may be compelled to testify on the same subject.

The testimonial privilege established under this division does not apply, and a physician or dentist may testify or may be compelled to testify, in any of the following circumstances:

(a) In any civil action, in accordance with the discovery provisions of the Rules of Civil Procedure in connection with a civil action, or in connection with a claim under Chapter 4123. of the Revised Code, under any of the following circumstances:

(i) If the patient or the guardian or other legal representative of the patient gives express consent;

(ii) If the patient is deceased, the spouse of the patient or the executor or administrator of the patient's estate gives express consent;

(iii) If a medical claim, dental claim, chiropractic claim, or optometric claim, as defined in section 2305.11 of the Revised Code, an action for wrongful death, any other type of civil action, or a claim under Chapter 4123. of the Revised Code is filed by the patient, the personal representative of the estate of the patient if deceased, or the patient's guardian or other legal representative.

(b) In any criminal action concerning any test or the results of any test that determines the presence or concentration of alcohol, a drug of abuse, or alcohol and a drug of abuse in the patient's blood, breath, urine, or other bodily substance at any time relevant to the criminal offense in question.

(c) In any criminal action against a physician or dentist. In such an action, the testimonial privilege established under this division does not prohibit the admission into evidence, in accordance with the Rules of Evidence, of a patient's medical or dental records or other communications between a patient and the physician or dentist that are related to the action and obtained by subpoena, search warrant, or other lawful means. A court that permits or compels a physician or dentist to testify in such an action or permits the introduction into evidence of patient records or other communications in such an action shall require that appropriate measures be taken to ensure that the confidentiality of any patient named or otherwise identified in the records is maintained. Measures to ensure confidentiality that may be taken by the court include sealing its records or deleting specific information from its records.

(2)(a) If any law enforcement officer submits a written statement to a health care provider that states that an official criminal investigation has begun regarding a specified person or that a criminal action or proceeding has been commenced against a specified person, that requests the provider to supply to the officer copies of any records the provider possesses that pertain to any test or the results of any test administered to the specified person to determine the presence or concentration of alcohol, a drug of abuse, or alcohol and a drug of abuse in the person's blood, breath, or urine at any time relevant to the criminal offense in question, and that conforms to section 2317.022 of the Revised Code, the provider, except to the extent specifically prohibited by any law of this state or of the United States, shall supply to the officer a copy of any of the requested records the provider possesses. If the health care provider does not possess any of the requested records, the provider shall give the officer a written statement that indicates that the provider does not possess any of the requested records.

(b) If a health care provider possesses any records of the type described in division (B)(2)(a) of this section regarding the person in question at any time relevant to the criminal offense in question, in lieu of personally testifying as to the results of the test in question, the custodian of the records may submit a certified copy of the records, and, upon its submission, the certified copy is qualified as authentic evidence and may be admitted as evidence in accordance with the Rules of Evidence. Division (A) of section 2317.422 of the Revised Code does not apply to any certified copy of records submitted in accordance with this division. Nothing in this division shall be construed to limit the right of any party to call as a witness the person who administered the test to which the records pertain, the person under whose supervision the test was administered, the custodian of the records, the person who made the records, or the person under whose supervision the records were made.

(3)(a) If the testimonial privilege described in division (B)(1) of this section does not apply as provided in division (B)(1)(a)(iii) of this section, a physician or dentist may be compelled to testify or to submit to discovery under the Rules of Civil Procedure only as to a communication made to the physician or dentist by the patient in question in that relation, or the physician's or dentist's advice to the patient in question, that related causally or historically to physical or mental injuries that are relevant to issues in the medical claim, dental claim, chiropractic claim, or optometric claim, action for wrongful death, other civil action, or claim under Chapter 4123. of the Revised Code.

(b) If the testimonial privilege described in division (B)(1) of this section does not apply to a physician or dentist as provided in division (B)(1)(b) of this section, the physician or dentist, in lieu of personally testifying as to the results of the test in question, may submit a certified copy of those results, and, upon its submission, the certified copy is qualified as authentic evidence and may be admitted as evidence in accordance with the Rules of Evidence. Division (A) of section 2317.422 of the Revised Code does not apply to any certified copy of results submitted in accordance with this division. Nothing in this division shall be construed to limit the right of any party to call as a witness the person who administered the test in question, the person under whose supervision the test was administered, the custodian of the results of the test, the person who compiled the results, or the person under whose supervision the results were compiled.

(4)(a) As used in divisions (B)(1) to (3) of this section, "communication" means acquiring, recording, or transmitting any information, in any manner, concerning any facts, opinions, or statements necessary to enable a physician or dentist to diagnose, treat, prescribe, or act for a patient. A "communication" may include, but is not limited to, any medical or dental, office, or hospital communication such as a record, chart, letter, memorandum, laboratory test and results, x-ray, photograph, financial statement, diagnosis, or prognosis.

(b) As used in division (B)(2) of this section, "health care provider" has the same meaning as in section 3729.01 of the Revised Code.

(5) Divisions (B)(1), (2), (3), and (4) of this section apply to doctors of medicine, doctors of osteopathic medicine, doctors of podiatry, and dentists.

(6) Nothing in divisions (B)(1) to (5) of this section affects, or shall be construed as affecting, the immunity from civil liability conferred by section 307.629 OR 2305.33 of the Revised Code upon physicians who report an employee's use of a drug of abuse, or a condition of an employee other than one involving the use of a drug of abuse, to the employer of the employee in accordance with division (B) of that section. As used in division (B)(6) of this section, "employee," "employer," and "physician" have the same meanings as in section 2305.33 of the Revised Code.

(C) A member of the clergy, rabbi, priest, or regularly ordained, accredited, or licensed minister of an established and legally cognizable church, denomination, or sect, when the member of the clergy, rabbi, priest, or minister remains accountable to the authority of that church, denomination, or sect, concerning a confession made, or any information confidentially communicated, to the member of the clergy, rabbi, priest, or minister for a religious counseling purpose in the member of the clergy's, rabbi's, priest's, or minister's professional character; however, the member of the clergy, rabbi, priest, or minister may testify by express consent of the person making the communication, except when the disclosure of the information is in violation of a sacred trust.

(D) Husband or wife, concerning any communication made by one to the other, or an act done by either in the presence of the other, during coverture, unless the communication was made, or act done, in the known presence or hearing of a third person competent to be a witness; and such rule is the same if the marital relation has ceased to exist.

(E) A person who assigns a claim or interest, concerning any matter in respect to which the person would not, if a party, be permitted to testify;

(F) A person who, if a party, would be restricted under section 2317.03 of the Revised Code, when the property or thing is sold or transferred by an executor, administrator, guardian, trustee, heir, devisee, or legatee, shall be restricted in the same manner in any action or proceeding concerning the property or thing.

(G)(1) A school guidance counselor who holds a valid educator license from the state board of education as provided for in section 3319.22 of the Revised Code, a person licensed under Chapter 4757. of the Revised Code as a professional clinical counselor, professional counselor, social worker, or independent social worker, or registered under Chapter 4757. of the Revised Code as a social work assistant concerning a confidential communication received from a client in that relation or the person's advice to a client unless any of the following applies:

(a) The communication or advice indicates clear and present danger to the client or other persons. For the purposes of this division, cases in which there are indications of present or past child abuse or neglect of the client constitute a clear and present danger.

(b) The client gives express consent to the testimony.

(c) If the client is deceased, the surviving spouse or the executor or administrator of the estate of the deceased client gives express consent.

(d) The client voluntarily testifies, in which case the school guidance counselor or person licensed or registered under Chapter 4757. of the Revised Code may be compelled to testify on the same subject.

(e) The court in camera determines that the information communicated by the client is not germane to the counselor-client or social worker-client relationship.

(f) A court, in an action brought against a school, its administration, or any of its personnel by the client, rules after an in-camera inspection that the testimony of the school guidance counselor is relevant to that action.

(2) Nothing in division (G)(1) of this section shall relieve a school guidance counselor or a person licensed or registered under Chapter 4757. of the Revised Code from the requirement to report information concerning child abuse or neglect under section 2151.421 of the Revised Code.

(H) A mediator acting under a mediation order issued under division (A) of section 3109.052 of the Revised Code or otherwise issued in any proceeding for divorce, dissolution, legal separation, annulment, or the allocation of parental rights and responsibilities for the care of children, in any action or proceeding, other than a criminal, delinquency, child abuse, child neglect, or dependent child action or proceeding, that is brought by or against either parent who takes part in mediation in accordance with the order and that pertains to the mediation process, to any information discussed or presented in the mediation process, to the allocation of parental rights and responsibilities for the care of the parents' children, or to the awarding of visitation rights in relation to their children.

(I) A communications assistant, acting within the scope of the communication assistant's authority, when providing telecommunications relay service pursuant to section 4931.35 of the Revised Code or Title II of the "Communications Act of 1934," 104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication made through a telecommunications relay service.

Nothing in this section shall limit any immunity or privilege granted under federal law or regulation. Nothing in this section shall limit the obligation of a communications assistant to divulge information or testify when mandated by federal law or regulation or pursuant to subpoena in a criminal proceeding.

Sec. 3701.045. (A) THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE CHILDREN'S TRUST FUND BOARD ESTABLISHED UNDER SECTION 3109.15 of the Revised Code AND THE CHILD FATALITY REVIEW BOARDS THAT EXIST ON THE EFFECTIVE DATE OF THIS SECTION, SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. of the Revised Code THAT ESTABLISH A PROCEDURE FOR CHILD FATALITY REVIEW BOARDS TO FOLLOW IN CONDUCTING A REVIEW OF THE DEATH OF A CHILD. THE RULES SHALL DO ALL OF THE FOLLOWING:

(1) ESTABLISH THE FORMAT FOR THE ANNUAL REPORTS REQUIRED BY SECTION 307.627 OF THE REVISED CODE;

(2) ESTABLISH GUIDELINES FOR A CHILD FATALITY REVIEW BOARD TO FOLLOW IN COMPILING STATISTICS FOR ANNUAL REPORTS SO THAT THE REPORTS DO NOT CONTAIN ANY INFORMATION THAT WOULD PERMIT ANY PERSON'S IDENTITY TO BE ASCERTAINED FROM A REPORT;

(3) ESTABLISH GUIDELINES FOR A CHILD FATALITY REVIEW BOARD TO FOLLOW IN CREATING AND MAINTAINING THE COMPREHENSIVE DATABASE OF CHILD DEATHS REQUIRED BY SECTION 307.624 OF THE REVISED CODE, INCLUDING PROVISIONS ESTABLISHING UNIFORM RECORD-KEEPING PROCEDURES;

(4) ESTABLISH GUIDELINES, MATERIALS, AND TRAINING TO HELP EDUCATE MEMBERS OF CHILD FATALITY REVIEW BOARDS ABOUT THE PURPOSE OF THE REVIEW PROCESS AND THE CONFIDENTIALITY OF THE INFORMATION DESCRIBED IN SECTION 307.6210 OF THE REVISED CODE AND TO MAKE THEM AWARE THAT SUCH INFORMATION IS NOT A PUBLIC RECORD UNDER SECTION 149.43 OF THE REVISED CODE.

(B) ON OR BEFORE THE THIRTIETH DAY OF SEPTEMBER OF EACH YEAR, THE DEPARTMENT OF HEALTH AND THE CHILDREN'S TRUST FUND BOARD JOINTLY SHALL PREPARE AND PUBLISH A REPORT ORGANIZING AND SETTING FORTH THE DATA IN ALL THE REPORTS PROVIDED BY CHILD FATALITY REVIEW BOARDS IN THEIR ANNUAL REPORTS FOR THE PREVIOUS CALENDAR YEAR AND RECOMMENDING ANY CHANGES TO LAW AND POLICY THAT MIGHT PREVENT FUTURE DEATHS. THE DEPARTMENT AND THE CHILDREN'S TRUST FUND BOARD JOINTLY SHALL PROVIDE A COPY OF THE REPORT TO THE GOVERNOR, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE PRESIDENT OF THE SENATE, THE MINORITY LEADERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE, EACH COUNTY OR REGIONAL CHILD FATALITY REVIEW BOARD, AND EACH COUNTY OR REGIONAL FAMILY AND CHILDREN FIRST COUNCIL.

Sec. 3705.071. ON RECEIPT OF A DEATH CERTIFICATE OF A PERSON WHO WAS UNDER EIGHTEEN YEARS OF AGE AT DEATH, THE LOCAL REGISTRAR OF VITAL STATISTICS SHALL DETERMINE THE COUNTY IN WHICH THE PERSON RESIDED AT THE TIME OF DEATH. IF THE COUNTY OF RESIDENCE WAS OTHER THAN THE COUNTY IN WHICH THE PERSON DIED, THE REGISTRAR, AFTER REGISTERING THE CERTIFICATE AND NO LATER THAN FOUR WEEKS AFTER RECEIVING IT, SHALL MAKE A COPY OF THE CERTIFICATE AND SEND IT TO THE LOCAL REGISTRAR OF VITAL STATISTICS OF THE COUNTY IN WHICH THE PERSON RESIDED AT THE TIME OF DEATH.

Sec. 4731.22. (A) The state medical board, by an affirmative vote of not fewer than six of its members, may revoke or may refuse to grant a certificate to a person found by the board to have committed fraud during the administration of the examination for a certificate to practice or to have committed fraud, misrepresentation, or deception in applying for or securing any certificate to practice or certificate of registration issued by the board.

(B) The board, by an affirmative vote of not fewer than six members, shall, to the extent permitted by law, limit, revoke, or suspend an individual's certificate to practice, refuse to register an individual, refuse to reinstate a certificate, or reprimand or place on probation the holder of a certificate for one or more of the following reasons:

(1) Permitting one's name or one's certificate to practice or certificate of registration to be used by a person, group, or corporation when the individual concerned is not actually directing the treatment given;

(2) Failure to maintain minimal standards applicable to the selection or administration of drugs, or failure to employ acceptable scientific methods in the selection of drugs or other modalities for treatment of disease;

(3) Selling, giving away, personally furnishing, prescribing, or administering drugs for other than legal and legitimate therapeutic purposes or a plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for treatment in lieu of conviction of, a violation of any federal or state law regulating the possession, distribution, or use of any drug;

(4) Willfully betraying a professional confidence.

For purposes of this division, "willfully betraying a professional confidence" does not include PROVIDING ANY INFORMATION, DOCUMENTS, OR REPORTS TO A CHILD FATALITY REVIEW BOARD UNDER SECTIONS 307.621 TO 307.6210 of the Revised Code AND DOES NOT INCLUDE the making of a report of an employee's use of a drug of abuse, or a report of a condition of an employee other than one involving the use of a drug of abuse, to the employer of the employee as described in division (B) of section 2305.33 of the Revised Code. Nothing in this division affects the immunity from civil liability conferred by that section upon a physician who makes either type of report in accordance with division (B) of that section. As used in this division, "employee," "employer," and "physician" have the same meanings as in section 2305.33 of the Revised Code.

(5) Making a false, fraudulent, deceptive, or misleading statement in the solicitation of or advertising for patients; in relation to the practice of medicine and surgery, osteopathic medicine and surgery, podiatry, or a limited branch of medicine; or in securing or attempting to secure any certificate to practice or certificate of registration issued by the board.

As used in this division, "false, fraudulent, deceptive, or misleading statement" means a statement that includes a misrepresentation of fact, is likely to mislead or deceive because of a failure to disclose material facts, is intended or is likely to create false or unjustified expectations of favorable results, or includes representations or implications that in reasonable probability will cause an ordinarily prudent person to misunderstand or be deceived.

(6) A departure from, or the failure to conform to, minimal standards of care of similar practitioners under the same or similar circumstances, whether or not actual injury to a patient is established;

(7) Representing, with the purpose of obtaining compensation or other advantage as personal gain or for any other person, that an incurable disease or injury, or other incurable condition, can be permanently cured;

(8) The obtaining of, or attempting to obtain, money or anything of value by fraudulent misrepresentations in the course of practice;

(9) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for treatment in lieu of conviction for, a felony;

(10) Commission of an act that constitutes a felony in this state, regardless of the jurisdiction in which the act was committed;

(11) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for treatment in lieu of conviction for, a misdemeanor committed in the course of practice;

(12) Commission of an act in the course of practice that constitutes a misdemeanor in this state, regardless of the jurisdiction in which the act was committed;

(13) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for treatment in lieu of conviction for, a misdemeanor involving moral turpitude;

(14) Commission of an act involving moral turpitude that constitutes a misdemeanor in this state, regardless of the jurisdiction in which the act was committed;

(15) Violation of the conditions of limitation placed by the board upon a certificate to practice;

(16) Failure to pay license renewal fees specified in this chapter;

(17) Except as authorized in section 4731.31 of the Revised Code, engaging in the division of fees for referral of patients, or the receiving of a thing of value in return for a specific referral of a patient to utilize a particular service or business;

(18) Subject to section 4731.226 of the Revised Code, violation of any provision of a code of ethics of the American medical association, the American osteopathic association, the American podiatric medical association, or any other national professional organizations that the board specifies by rule. The state medical board shall obtain and keep on file current copies of the codes of ethics of the various national professional organizations. The individual whose certificate is being suspended or revoked shall not be found to have violated any provision of a code of ethics of an organization not appropriate to the individual's profession.

For purposes of this division, a "provision of a code of ethics of a national professional organization" does not include any provision that would preclude the making of a report by a physician of an employee's use of a drug of abuse, or of a condition of an employee other than one involving the use of a drug of abuse, to the employer of the employee as described in division (B) of section 2305.33 of the Revised Code. Nothing in this division affects the immunity from civil liability conferred by that section upon a physician who makes either type of report in accordance with division (B) of that section. As used in this division, "employee," "employer," and "physician" have the same meanings as in section 2305.33 of the Revised Code.

(19) Inability to practice according to acceptable and prevailing standards of care by reason of mental illness or physical illness, including, but not limited to, physical deterioration that adversely affects cognitive, motor, or perceptive skills.

In enforcing this division, the board, upon a showing of a possible violation, may compel any individual authorized to practice by this chapter or who has submitted an application pursuant to this chapter to submit to a mental examination, physical examination, including an HIV test, or both a mental and a physical examination. The expense of the examination is the responsibility of the individual compelled to be examined. Failure to submit to a mental or physical examination or consent to an HIV test ordered by the board constitutes an admission of the allegations against the individual unless the failure is due to circumstances beyond the individual's control, and a default and final order may be entered without the taking of testimony or presentation of evidence. If the board finds an individual unable to practice because of the reasons set forth in this division, the board shall require the individual to submit to care, counseling, or treatment by physicians approved or designated by the board, as a condition for initial, continued, reinstated, or renewed authority to practice. An individual affected under this division shall be afforded an opportunity to demonstrate to the board the ability to resume practice in compliance with acceptable and prevailing standards under the provisions of the individual's certificate. For the purpose of this division, any individual who applies for or receives a certificate to practice under this chapter accepts the privilege of practicing in this state and, by so doing, shall be deemed to have given consent to submit to a mental or physical examination when directed to do so in writing by the board, and to have waived all objections to the admissibility of testimony or examination reports that constitute a privileged communication.

(20) Except when civil penalties are imposed under section 4731.225 or 4731.281 of the Revised Code, and subject to section 4731.226 of the Revised Code, violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provisions of this chapter or any rule promulgated by the board.

This division does not apply to a violation or attempted violation of, assisting in or abetting the violation of, or a conspiracy to violate, any provision of this chapter or any rule adopted by the board that would preclude the making of a report by a physician of an employee's use of a drug of abuse, or of a condition of an employee other than one involving the use of a drug of abuse, to the employer of the employee as described in division (B) of section 2305.33 of the Revised Code. Nothing in this division affects the immunity from civil liability conferred by that section upon a physician who makes either type of report in accordance with division (B) of that section. As used in this division, "employee," "employer," and "physician" have the same meanings as in section 2305.33 of the Revised Code.

(21) The violation of any abortion rule adopted by the public health council pursuant to section 3701.341 of the Revised Code;

(22) Any of the following actions taken by the state agency responsible for regulating the practice of medicine and surgery, osteopathic medicine and surgery, podiatry, or the limited branches of medicine in another state, for any reason other than the nonpayment of fees: the limitation, revocation, or suspension of an individual's license to practice; acceptance of an individual's license surrender; denial of a license; refusal to renew or reinstate a license; imposition of probation; or issuance of an order of censure or other reprimand;

(23) The violation of section 2919.12 of the Revised Code or the performance or inducement of an abortion upon a pregnant woman with actual knowledge that the conditions specified in division (B) of section 2317.56 of the Revised Code have not been satisfied or with a heedless indifference as to whether those conditions have been satisfied, unless an affirmative defense as specified in division (H)(2) of that section would apply in a civil action authorized by division (H)(1) of that section;

(24) The revocation, suspension, restriction, reduction, or termination of clinical privileges by the United States department of defense or department of veterans affairs or the termination or suspension of a certificate of registration to prescribe drugs by the drug enforcement administration of the United States department of justice;

(25) Termination or suspension from participation in the medicare or medicaid programs by the department of health and human services or other responsible agency for any act or acts that also would constitute a violation of division (B)(2), (3), (6), (8), or (19) of this section;

(26) Impairment of ability to practice according to acceptable and prevailing standards of care because of habitual or excessive use or abuse of drugs, alcohol, or other substances that impair ability to practice.

For the purposes of this division, any individual authorized to practice by this chapter accepts the privilege of practicing in this state subject to supervision by the board. By filing an application for or holding a certificate to practice under this chapter, an individual shall be deemed to have given consent to submit to a mental or physical examination when ordered to do so by the board in writing, and to have waived all objections to the admissibility of testimony or examination reports that constitute privileged communications.

If it has reason to believe that any individual authorized to practice by this chapter or any applicant for certification to practice suffers such impairment, the board may compel the individual to submit to a mental or physical examination, or both. The expense of the examination is the responsibility of the individual compelled to be examined. Any mental or physical examination required under this division shall be undertaken by a treatment provider or physician who is qualified to conduct the examination and who is chosen by the board.

Failure to submit to a mental or physical examination ordered by the board constitutes an admission of the allegations against the individual unless the failure is due to circumstances beyond the individual's control, and a default and final order may be entered without the taking of testimony or presentation of evidence. If the board determines that the individual's ability to practice is impaired, the board shall suspend the individual's certificate or deny the individual's application and shall require the individual, as a condition for initial, continued, reinstated, or renewed certification to practice, to submit to treatment.

Before being eligible to apply for reinstatement of a certificate suspended under this division, the impaired practitioner shall demonstrate to the board the ability to resume practice in compliance with acceptable and prevailing standards of care under the provisions of the practitioner's certificate. The demonstration shall include, but shall not be limited to, the following:

(a) Certification from a treatment provider approved under section 4731.25 of the Revised Code that the individual has successfully completed any required inpatient treatment;

(b) Evidence of continuing full compliance with an aftercare contract or consent agreement;

(c) Two written reports indicating that the individual's ability to practice has been assessed and that the individual has been found capable of practicing according to acceptable and prevailing standards of care. The reports shall be made by individuals or providers approved by the board for making the assessments and shall describe the basis for their determination.

The board may reinstate a certificate suspended under this division after that demonstration and after the individual has entered into a written consent agreement.

When the impaired practitioner resumes practice, the board shall require continued monitoring of the individual. The monitoring shall include, but not be limited to, compliance with the written consent agreement entered into before reinstatement or with conditions imposed by board order after a hearing, and, upon termination of the consent agreement, submission to the board for at least two years of annual written progress reports made under penalty of perjury stating whether the individual has maintained sobriety.

(27) A second or subsequent violation of section 4731.66 or 4731.69 of the Revised Code;

(28) Except as provided in division (N) of this section:

(a) Waiving the payment of all or any part of a deductible or copayment that a patient, pursuant to a health insurance or health care policy, contract, or plan that covers the individual's services, otherwise would be required to pay if the waiver is used as an enticement to a patient or group of patients to receive health care services from that individual;

(b) Advertising that the individual will waive the payment of all or any part of a deductible or copayment that a patient, pursuant to a health insurance or health care policy, contract, or plan that covers the individual's services, otherwise would be required to pay.

(29) Failure to use universal blood and body fluid precautions established by rules adopted under section 4731.051 of the Revised Code;

(30) Failure of a collaborating physician to perform the responsibilities agreed to by the physician in the protocol established between the physician and an advanced practice nurse in accordance with section 4723.56 of the Revised Code;

(31) Failure to provide notice to, and receive acknowledgment of the notice from, a patient when required by section 4731.143 of the Revised Code prior to providing nonemergency professional services, or failure to maintain that notice in the patient's file;

(32) Failure of a physician supervising a physician assistant to maintain supervision in accordance with the requirements of Chapter 4730. of the Revised Code and the rules adopted under that chapter;

(33) Failure of a physician or podiatrist to maintain a standard care arrangement with a clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner with whom the physician or podiatrist is in collaboration pursuant to section 4731.27 of the Revised Code and practice in accordance with the arrangement;

(34) Failure to comply with the terms of a consult agreement entered into with a pharmacist pursuant to section 4729.39 of the Revised Code;

(35) Failure to cooperate in an investigation conducted by the board under division (F) of this section, including failure to comply with a subpoena or order issued by the board or failure to answer truthfully a question presented by the board at a deposition or in written interrogatories, except that failure to cooperate with an investigation shall not constitute grounds for discipline under this section if a court of competent jurisdiction has issued an order that either quashes a subpoena or permits the individual to withhold the testimony or evidence in issue.

(C) Disciplinary actions taken by the board under divisions (A) and (B) of this section shall be taken pursuant to an adjudication under Chapter 119. of the Revised Code, except that in lieu of an adjudication, the board may enter into a consent agreement with an individual to resolve an allegation of a violation of this chapter or any rule adopted under it. A consent agreement, when ratified by an affirmative vote of not fewer than six members of the board, shall constitute the findings and order of the board with respect to the matter addressed in the agreement. If the board refuses to ratify a consent agreement, the admissions and findings contained in the consent agreement shall be of no force or effect.

(D) For purposes of divisions (B)(10), (12), and (14) of this section, the commission of the act may be established by a finding by the board, pursuant to an adjudication under Chapter 119. of the Revised Code, that the individual committed the act. The board does not have jurisdiction under those divisions if the trial court renders a final judgment in the individual's favor and that judgment is based upon an adjudication on the merits. The board has jurisdiction under those divisions if the trial court issues an order of dismissal upon technical or procedural grounds.

(E) The sealing of conviction records by any court shall have no effect upon a prior board order entered under this section or upon the board's jurisdiction to take action under this section if, based upon a plea of guilty, a judicial finding of guilt, or a judicial finding of eligibility for treatment in lieu of conviction, the board issued a notice of opportunity for a hearing prior to the court's order to seal the records. The board shall not be required to seal, destroy, redact, or otherwise modify its records to reflect the court's sealing of conviction records.

(F)(1) The board shall investigate evidence that appears to show that a person has violated any provision of this chapter or any rule adopted under it. Any person may report to the board in a signed writing any information that the person may have that appears to show a violation of any provision of this chapter or any rule adopted under it. In the absence of bad faith, any person who reports information of that nature or who testifies before the board in any adjudication conducted under Chapter 119. of the Revised Code shall not be liable in damages in a civil action as a result of the report or testimony. Each complaint or allegation of a violation received by the board shall be assigned a case number and shall be recorded by the board.

(2) Investigations of alleged violations of this chapter or any rule adopted under it shall be supervised by the supervising member elected by the board in accordance with section 4731.02 of the Revised Code and by the secretary as provided in section 4731.39 of the Revised Code. The president may designate another member of the board to supervise the investigation in place of the supervising member. No member of the board who supervises the investigation of a case shall participate in further adjudication of the case.

(3) In investigating a possible violation of this chapter or any rule adopted under this chapter, the board may administer oaths, order the taking of depositions, issue subpoenas, and compel the attendance of witnesses and production of books, accounts, papers, records, documents, and testimony, except that a subpoena for patient record information shall not be issued without consultation with the attorney general's office and approval of the secretary and supervising member of the board. Before issuance of a subpoena for patient record information, the secretary and supervising member shall determine whether there is probable cause to believe that the complaint filed alleges a violation of this chapter or any rule adopted under it and that the records sought are relevant to the alleged violation and material to the investigation. The subpoena may apply only to records that cover a reasonable period of time surrounding the alleged violation.

On failure to comply with any subpoena issued by the board and after reasonable notice to the person being subpoenaed, the board may move for an order compelling the production of persons or records pursuant to the Rules of Civil Procedure.

A subpoena issued by the board may be served by a sheriff, the sheriff's deputy, or a board employee designated by the board. Service of a subpoena issued by the board may be made by delivering a copy of the subpoena to the person named therein, reading it to the person, or leaving it at the person's usual place of residence. When the person being served is a person whose practice is authorized by this chapter, service of the subpoena may be made by certified mail, restricted delivery, return receipt requested, and the subpoena shall be deemed served on the date delivery is made or the date the person refuses to accept delivery.

A sheriff's deputy who serves a subpoena shall receive the same fees as a sheriff. Each witness who appears before the board in obedience to a subpoena shall receive the fees and mileage provided for witnesses in civil cases in the courts of common pleas.

(4) All hearings and investigations of the board shall be considered civil actions for the purposes of section 2305.251 of the Revised Code.

(5) Information received by the board pursuant to an investigation is confidential and not subject to discovery in any civil action.

The board shall conduct all investigations and proceedings in a manner that protects the confidentiality of patients and persons who file complaints with the board. The board shall not make public the names or any other identifying information about patients or complainants unless proper consent is given or, in the case of a patient, a waiver of the patient privilege exists under division (B) of section 2317.02 of the Revised Code, except that consent or a waiver of that nature is not required if the board possesses reliable and substantial evidence that no bona fide physician-patient relationship exists.

The board may share any information it receives pursuant to an investigation, including patient records and patient record information, with other licensing boards and governmental agencies that are investigating alleged professional misconduct and with law enforcement agencies and other governmental agencies that are investigating or prosecuting alleged criminal offenses. A board or agency that receives the information shall comply with the same requirements regarding confidentiality as those with which the state medical board must comply, notwithstanding any conflicting provision of the Revised Code or procedure of the board or agency that applies when the board or agency is dealing with other information in its possession. The information may be admitted into evidence in a criminal trial in accordance with the Rules of Evidence, but the court shall require that appropriate measures are taken to ensure that confidentiality is maintained with respect to any part of the information that contains names or other identifying information about patients or complainants whose confidentiality was protected by the state medical board when the information was in the board's possession. Measures to ensure confidentiality that may be taken by the court include sealing its records or deleting specific information from its records.

(6) On a quarterly basis, the board shall prepare a report that documents the disposition of all cases during the preceding three months. The report shall contain the following information for each case with which the board has completed its activities:

(a) The case number assigned to the complaint or alleged violation;

(b) The type of certificate to practice, if any, held by the individual against whom the complaint is directed;

(c) A description of the allegations contained in the complaint;

(d) The disposition of the case.

The report shall state how many cases are still pending and shall be prepared in a manner that protects the identity of each person involved in each case. The report shall be a public record under section 149.43 of the Revised Code.

(G) If the secretary and supervising member determine that there is clear and convincing evidence that an individual has violated division (B) of this section and that the individual's continued practice presents a danger of immediate and serious harm to the public, they may recommend that the board suspend the individual's certificate to practice without a prior hearing. Written allegations shall be prepared for consideration by the board.

The board, upon review of those allegations and by an affirmative vote of not fewer than six of its members, excluding the secretary and supervising member, may suspend a certificate without a prior hearing. A telephone conference call may be utilized for reviewing the allegations and taking the vote on the summary suspension.

The board shall issue a written order of suspension by certified mail or in person in accordance with section 119.07 of the Revised Code. The order shall not be subject to suspension by the court during pendency of any appeal filed under section 119.12 of the Revised Code. If the individual subject to the summary suspension requests an adjudicatory hearing by the board, the date set for the hearing shall be within fifteen days, but not earlier than seven days, after the individual requests the hearing, unless otherwise agreed to by both the board and the individual.

Any summary suspension imposed under this division shall remain in effect, unless reversed on appeal, until a final adjudicative order issued by the board pursuant to this section and Chapter 119. of the Revised Code becomes effective. The board shall issue its final adjudicative order within sixty days after completion of its hearing. A failure to issue the order within sixty days shall result in dissolution of the summary suspension order but shall not invalidate any subsequent, final adjudicative order.

(H) If the board takes action under division (B)(9), (11), or (13) of this section and the judicial finding of guilt, guilty plea, or judicial finding of eligibility for treatment in lieu of conviction is overturned on appeal, upon exhaustion of the criminal appeal, a petition for reconsideration of the order may be filed with the board along with appropriate court documents. Upon receipt of a petition of that nature and supporting court documents, the board shall reinstate the individual's certificate to practice. The board may then hold an adjudication under Chapter 119. of the Revised Code to determine whether the individual committed the act in question. Notice of an opportunity for a hearing shall be given in accordance with Chapter 119. of the Revised Code. If the board finds, pursuant to an adjudication held under this division, that the individual committed the act or if no hearing is requested, the board may order any of the sanctions identified under division (B) of this section.

(I) The certificate to practice issued to an individual under this chapter and the individual's practice in this state are automatically suspended as of the date the individual pleads guilty to, is found by a judge or jury to be guilty of, or is subject to a judicial finding of eligibility for treatment in lieu of conviction for any of the following criminal offenses in this state or a substantially equivalent criminal offense in another jurisdiction: aggravated murder, murder, voluntary manslaughter, felonious assault, kidnapping, rape, sexual battery, gross sexual imposition, aggravated arson, aggravated robbery, or aggravated burglary. Continued practice after suspension shall be considered practicing without a certificate.

The board shall notify the individual subject to the suspension by certified mail or in person in accordance with section 119.07 of the Revised Code. If an individual whose certificate is suspended under this division fails to make a timely request for an adjudication under Chapter 119. of the Revised Code, the board shall enter a final order permanently revoking the individual's certificate to practice.

(J) If the board is required by Chapter 119. of the Revised Code to give notice of an opportunity for a hearing and if the individual subject to the notice does not timely request a hearing in accordance with section 119.07 of the Revised Code, the board is not required to hold a hearing, but may adopt, by an affirmative vote of not fewer than six of its members, a final order that contains the board's findings. In that final order, the board may order any of the sanctions identified under division (A) or (B) of this section.

(K) Any action taken by the board under division (B) of this section resulting in a suspension from practice shall be accompanied by a written statement of the conditions under which the individual's certificate to practice may be reinstated. The board shall adopt rules governing conditions to be imposed for reinstatement. Reinstatement of a certificate suspended pursuant to division (B) of this section requires an affirmative vote of not fewer than six members of the board.

(L) When the board refuses to grant a certificate to an applicant, revokes an individual's certificate to practice, refuses to register an applicant, or refuses to reinstate an individual's certificate to practice, the board may specify that its action is permanent. An individual subject to a permanent action taken by the board is forever thereafter ineligible to hold a certificate to practice and the board shall not accept an application for reinstatement of the certificate or for issuance of a new certificate.

(M) Notwithstanding any other provision of the Revised Code, all of the following apply:

(1) The surrender of a certificate issued under this chapter shall not be effective unless or until accepted by the board. Reinstatement of a certificate surrendered to the board requires an affirmative vote of not fewer than six members of the board.

(2) An application for a certificate made under the provisions of this chapter may not be withdrawn without approval of the board.

(3) Failure by an individual to renew a certificate of registration in accordance with this chapter shall not remove or limit the board's jurisdiction to take any disciplinary action under this section against the individual.

(N) Sanctions shall not be imposed under division (B)(28) of this section against any person who waives deductibles and copayments as follows:

(1) In compliance with the health benefit plan that expressly allows such a practice. Waiver of the deductibles or copayments shall be made only with the full knowledge and consent of the plan purchaser, payer, and third-party administrator. Documentation of the consent shall be made available to the board upon request.

(2) For professional services rendered to any other person authorized to practice pursuant to this chapter, to the extent allowed by this chapter and rules adopted by the board.

(O) Under the board's investigative duties described in this section and subject to division (F) of this section, the board shall develop and implement a quality intervention program designed to improve through remedial education the clinical and communication skills of individuals authorized under this chapter to practice medicine and surgery, osteopathic medicine and surgery, and podiatry. In developing and implementing the quality intervention program, the board may do all of the following:

(1) Offer in appropriate cases as determined by the board an educational and assessment program pursuant to an investigation the board conducts under this section;

(2) Select providers of educational and assessment services, including a quality intervention program panel of case reviewers;

(3) Make referrals to educational and assessment service providers and approve individual educational programs recommended by those providers. The board shall monitor the progress of each individual undertaking a recommended individual educational program.

(4) Determine what constitutes successful completion of an individual educational program and require further monitoring of the individual who completed the program or other action that the board determines to be appropriate;

(5) Adopt rules in accordance with Chapter 119. of the Revised Code to further implement the quality intervention program.

An individual who participates in an individual educational program pursuant to this division shall pay the financial obligations arising from that educational program.

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, PRIVATE CHILD PLACING AGENCIES, AND PRIVATE NONCUSTODIAL 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 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. 5101.145. (A) FOR THE PURPOSES OF THIS SECTION, "TITLE IV-E" MEANS TITLE IV-E OF THE "SOCIAL SECURITY ACT," 94 STAT. 501, 42 U.S.C.A. 670 (1980).

(B) IN ADOPTING RULES UNDER SECTION 5101.141 OF THE REVISED CODE REGARDING FINANCIAL REQUIREMENTS APPLICABLE TO PUBLIC CHILDREN SERVICES AGENCIES, PRIVATE CHILD PLACING AGENCIES, AND PRIVATE NONCUSTODIAL AGENCIES, THE DEPARTMENT OF HUMAN SERVICES SHALL ESTABLISH BOTH OF THE FOLLOWING:

(1) A SINGLE FORM FOR PRIVATE CHILD PLACING AGENCIES AND PRIVATE NONCUSTODIAL AGENCIES TO REPORT COSTS REIMBURSABLE UNDER TITLE IV-E AND COSTS REIMBURSABLE UNDER MEDICAID;

(2) PROCEDURES TO MONITOR COST REPORTS SUBMITTED BY PRIVATE CHILD PLACING AGENCIES AND PRIVATE NONCUSTODIAL AGENCIES.

Sec. 5101.146. THE DEPARTMENT OF HUMAN SERVICES SHALL ESTABLISH THE FOLLOWING PENALTIES, WHICH SHALL BE ENFORCED AT THE DISCRETION OF THE DEPARTMENT, FOR THE FAILURE OF A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE CHILD PLACING AGENCY, OR PRIVATE NONCUSTODIAL AGENCY TO COMPLY WITH PROCEDURES THE DEPARTMENT ESTABLISHES TO ENSURE FISCAL ACCOUNTABILITY:

(A) FOR INITIAL FAILURE, THE DEVELOPMENT AND IMPLEMENTATION OF A CORRECTIVE ACTION PLAN ACCORDING TO A SPECIFIC SCHEDULE;

(B) FOR SUBSEQUENT FAILURES OR FAILURE TO ACHIEVE THE GOALS OF THE PLAN DESCRIBED IN DIVISION (A) OF THIS SECTION, EITHER OF THE FOLLOWING:

(1) FOR PUBLIC CHILDREN SERVICES AGENCIES, WITHHOLDING OF TITLE IV-E FUNDS;

(2) FOR PRIVATE CHILD PLACING AGENCIES OR PRIVATE NONCUSTODIAL AGENCIES, LOSS OF REIMBURSEMENT FOR TWO YEARS.

Sec. 5101.147. THE STATEWIDE AUTOMATED CHILD WELFARE INFORMATION SYSTEM THE DEPARTMENT OF HUMAN SERVICES DEVELOPS SHALL COLLECT AND MAINTAIN INFORMATION CONCERNING CHILD WELFARE SERVICES PROVIDED TO CHILDREN REPORTED TO BE ABUSED OR NEGLECTED OR AT RISK OF ABUSE OR NEGLECT.

Sec. 5153.171. (A) ON RECEIPT BY A PUBLIC CHILDREN SERVICES AGENCY OF A REQUEST FOR THE RELEASE OF INFORMATION ABOUT A CHILD UNDER EIGHTEEN YEARS OF AGE WHO WAS A RESIDENT OF THE COUNTY SERVED BY THE AGENCY AT THE TIME OF DEATH AND WHOSE DEATH MAY HAVE BEEN CAUSED BY ABUSE, NEGLECT, OR OTHER CRIMINAL CONDUCT, THE DIRECTOR OF THE AGENCY IMMEDIATELY SHALL CONFER WITH THE PROSECUTING ATTORNEY OF THAT COUNTY. AFTER THE EXECUTIVE DIRECTOR CONFERS WITH THE PROSECUTING ATTORNEY, THE FOLLOWING APPLY:

(1) IF THE PROSECUTING ATTORNEY INTENDS TO PROSECUTE A PERSON FOR CAUSING THE CHILD'S DEATH, THE PROSECUTING ATTORNEY SHALL DETERMINE THE INFORMATION DESCRIBED IN DIVISION (A) OF SECTION 5153.172 of the Revised Code THAT MAY BE RELEASED, IF ANY, AND NOTIFY THE DIRECTOR OF THE INTENT TO PROSECUTE AND THE DETERMINATION OF WHAT INFORMATION MAY BE RELEASED. EXCEPT AS PROVIDED IN SECTION 5153.173 of the Revised Code, ON RECEIPT OF THE NOTICE, THE DIRECTOR SHALL RELEASE THE INFORMATION THE PROSECUTOR DETERMINES MAY BE RELEASED AND NO OTHER INFORMATION.

(2) IF THE PROSECUTING ATTORNEY DOES NOT INTEND TO PROSECUTE A PERSON FOR CAUSING THE DEATH OF THE CHILD, THE PROSECUTING ATTORNEY SHALL NOTIFY THE DIRECTOR THAT NO PROSECUTION IS INTENDED. EXCEPT AS PROVIDED IN SECTION 5153.173 of the Revised Code, ON RECEIPT OF THE NOTICE, THE DIRECTOR SHALL RELEASE THE INFORMATION DESCRIBED IN DIVISION (A) OF SECTION 5153.172 of the Revised Code.

(B) A PUBLIC CHILDREN SERVICES AGENCY DIRECTOR WHO RELEASES INFORMATION IN ACCORDANCE WITH THIS SECTION IN GOOD FAITH SHALL NOT BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY INCURRED OR IMPOSED AS A RESULT OF PROVISION OF THE INFORMATION.

Sec. 5153.172. (A) NOTWITHSTANDING SECTIONS 2151.421, 3701.243, 5153.17, AND ANY OTHER SECTION OF THE REVISED CODE PERTAINING TO CONFIDENTIALITY AND UNLESS PRECLUDED BY SECTION 5153.173 of the Revised Code, THE DIRECTOR SHALL DISCLOSE THE FOLLOWING INFORMATION CONCERNING A DECEASED CHILD IN ACCORDANCE WITH SECTION 5153.171 of the Revised Code:

(1) THE CHILD'S NAME;

(2) A SUMMARY REPORT OF THE CHRONOLOGY OF ABUSE OR NEGLECT REPORTS MADE PURSUANT TO SECTION 2151.421 OF THE REVISED CODE OF WHICH THE DECEASED CHILD IS THE SUBJECT AND THE FINAL DISPOSITION OF THE INVESTIGATIONS OF THE REPORTS OR, IF INVESTIGATIONS HAVE NOT BEEN COMPLETED, THE STATUS OF ANY INVESTIGATIONS;

(3) SERVICES PROVIDED TO OR PURCHASED FOR THE CHILD OR TO WHICH THE CHILD WAS REFERRED BY A PUBLIC CHILDREN SERVICES AGENCY;

(4) ACTIONS TAKEN BY A PUBLIC CHILDREN SERVICES AGENCY IN RESPONSE TO ANY REPORT OF ABUSE OR NEGLECT OF WHICH THE CHILD WAS THE SUBJECT.

(B) NO PERSON MAY RELEASE, PURSUANT TO A REQUEST MADE UNDER THIS SECTION CONCERNING A DECEASED CHILD, THE NAME OF ANY PERSON OR ENTITY THAT MADE A REPORT OR PARTICIPATED IN MAKING A REPORT OF CHILD ABUSE OR NEGLECT OF WHICH THE CHILD WAS THE SUBJECT; THE NAMES OF THE PARENTS OR SIBLINGS OF THE CHILD; THE CONTENTS OF ANY PSYCHOLOGICAL, PSYCHIATRIC, THERAPEUTIC, CLINICAL, OR MEDICAL REPORTS OR EVALUATIONS REGARDING THE CHILD; WITNESS STATEMENTS; POLICE OR OTHER INVESTIGATIVE REPORTS; OR ANY OTHER INFORMATION OTHER THAN THE INFORMATION THAT MAY BE RELEASED IN ACCORDANCE WITH THIS SECTION.

Sec. 5153.173. (A) THE DIRECTOR SHALL NOT DISCLOSE ANY INFORMATION PURSUANT TO SECTION 5153.172 of the Revised Code IF ONE OF THE FOLLOWING JUDGES OF THE COMMON PLEAS COURT OF THE COUNTY THE DECEASED CHILD RESIDED IN AT THE TIME OF DEATH DETERMINES, ON MOTION OF THE PUBLIC CHILDREN SERVICES AGENCY, THAT DISCLOSING THE INFORMATION WOULD NOT BE IN THE BEST INTEREST OF A SIBLING OF THE DECEASED CHILD OR ANOTHER CHILD RESIDING IN THE HOUSEHOLD THE CHILD RESIDED IN AT THE TIME OF DEATH:

(1) IF THE DECEASED CHILD WAS NEVER ADJUDICATED AN ABUSED, NEGLECTED, OR DEPENDENT CHILD BY A JUDGE OF THE COURT OF COMMON PLEAS OF THE COUNTY, THE JUDGE OF THE PROBATE DIVISION WHO IS MOST SENIOR IN LENGTH OF SERVICE AS A COMMON PLEAS JUDGE OF THE COUNTY;

(2) IF THE DECEASED CHILD WAS ADJUDICATED AN ABUSED, NEGLECTED, OR DEPENDENT CHILD BY A JUDGE OF THE COMMON PLEAS COURT OF THE COUNTY, ONE OF THE FOLLOWING JUDGES OF THAT COURT:

(a) IF THE COURT HAS ONLY ONE JUDGE AND THE JUDGE DID NOT MAKE THE PRIOR ADJUDICATION, THAT JUDGE;

(b) IF THE COURT HAS ONLY ONE JUDGE AND THE JUDGE MADE THE PRIOR ADJUDICATION, A JUDGE APPOINTED BY THE SUPREME COURT PURSUANT TO DIVISION (B) OF THIS SECTION;

(c) IF THE COURT HAS A PROBATE DIVISION THAT IS NOT COMBINED WITH ANY OTHER DIVISION, THE JUDGE OF THE PROBATE DIVISION WHO IS MOST SENIOR IN LENGTH OF SERVICE AS A COMMON PLEAS JUDGE OF THE COUNTY;

(d) IF THE COURT HAS A PROBATE DIVISION THAT IS COMBINED WITH ONE OR MORE OTHER DIVISIONS AND THE JUDGE OF THE COMBINED DIVISION DID NOT MAKE THE PRIOR ADJUDICATION, THAT JUDGE;

(e) IF THE PROBATE DIVISION IS COMBINED WITH ONE OR MORE OTHER DIVISIONS AND THE JUDGE OF THE COMBINED DIVISION MADE THE PRIOR ADJUDICATION, THE JUDGE OF THE GENERAL DIVISION WHO IS MOST SENIOR IN LENGTH OF SERVICE AS A COMMON PLEAS JUDGE OF THE COUNTY.

(B) IF THE COURT HAS ONLY ONE JUDGE AND THAT JUDGE MADE AN ADJUDICATION THAT THE DECEASED CHILD WAS AN ABUSED, NEGLECTED, OR DEPENDENT CHILD, ON THE FILING OF A MOTION PURSUANT TO DIVISION (A) OF THIS SECTION, THE COURT SHALL IMMEDIATELY NOTIFY THE SUPREME COURT. NO LATER THAN FOURTEEN DAYS AFTER THE DATE THE MOTION IS FILED BY THE PUBLIC CHILDREN SERVICES AGENCY, THE SUPREME COURT SHALL APPOINT A JUDGE TO MAKE A DETERMINATION ON THE MOTION PURSUANT TO DIVISION (A) OF THIS SECTION.