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|
As Passed by the House
123rd General Assembly
Regular Session
1999-2000 | Am. Sub. H.B. No. 448 |
REPRESENTATIVES METZGER-FORD-HARRIS-TIBERI-O'BRIEN-WINKLER-
HARTNETT-OLMAN-JERSE-HOLLISTER-DePIERO-TERWILLEGER-
BRITTON-FLANNERY-CALVERT-MOTTLEY-GRENDELL-CAREY-
AUSTRIA-WOMER BENJAMIN-GOODMAN-SALERNO-ALLEN-
DISTEL-VERICH-HOLLISTER-OLMAN-SCHURING-HOOPS-SMITH-
R. MILLER-PRINGLE-BENDER-DAMSCHRODER-VESPER-METTLER-
MEAD-WILSON-JONES-ASLANIDES-REDFERN-MYERS-BRADING-
A. CORE-BUEHRER-SCHUCK-BARRETT-JACOBSON-BARNES-
ROBERTS-BOYD-J. BEATTY-GOODING-PATTON-PERRY
A BILL
To amend sections 109.572, 117.13, 121.22, 149.43, 305.14, 307.441, 2151.011,
2151.312, 2151.331, 2151.34, 2151.353, 2151.411, 2151.414, 2151.418, 2151.421,
2151.424, 2151.55, 2151.554, 2151.62, 2151.86,
2317.02, 2907.08, 3107.012, 3107.02, 3107.13, 3107.14, 3313.472, 3313.64,
3323.01, 4731.22, 5101.14, 5101.141, 5101.143, 5103.02, 5103.033, 5103.161,
5111.20, 5123.77, 5153.01, 5153.131, 5153.16, and 5153.161 and to
enact sections 117.191,
307.621, 307.622, 307.623, 307.624, 307.625, 307.626, 307.627,
307.628, 307.629, 3107.014, 3701.045, 3705.071, 5101.145,
5101.146, 5101.147, 5101.148, 5101.149, 5103.034, 5103.035, 5103.036,
5103.037,
5153.112, 5153.171, 5153.172, 5153.173, and 5153.60 to 5153.78 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 establish rules and
procedures for fiscal accountability of child welfare services;
to require public children services agencies to hire case workers
with undergraduate degrees in certain areas of study; to make
changes to the law governing foster care;
to require the Department of Job and Family Services to develop a schedule of
education programs for assessors; to revise the law governing how reports
of child abuse or neglect are maintained; and to establish the Ohio Child
Welfare Training program.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.572, 117.13, 121.22, 149.43, 305.14, 307.441,
2151.011, 2151.312, 2151.331, 2151.34, 2151.353, 2151.411, 2151.414, 2151.418,
2151.421, 2151.424, 2151.55, 2151.554, 2151.62, 2151.86,
2317.02, 2907.08, 3107.012, 3107.02, 3107.13, 3107.14, 3313.472, 3313.64,
3323.01, 4731.22, 5101.14, 5101.141, 5101.143, 5103.02, 5103.033, 5103.161,
5111.20, 5123.77, 5153.01, 5153.131, 5153.16, and 5153.161 be
amended and sections 117.191,
307.621, 307.622, 307.623, 307.624, 307.625, 307.626, 307.627,
307.628, 307.629, 3107.014, 3701.045, 3705.071, 5101.145,
5101.146, 5101.147, 5101.148, 5101.149, 5103.034, 5103.035, 5103.036,
5103.037, 5153.112, 5153.171, 5153.172, 5153.173, 5153.60,
5153.61, 5153.62, 5153.63, 5153.64, 5153.65, 5153.66, 5153.67,
5153.68, 5153.69, 5153.70, 5153.71, 5153.72, 5153.73, 5153.74,
5153.75, 5153.76, 5153.77, and 5153.78
of the Revised Code be enacted to
read as follows:
Sec. 109.572. (A)(1) Upon receipt of a request pursuant
to section 2151.86, 3301.32, 3301.541, 3319.39, 5104.012, 5104.013, or
5153.111 of the Revised Code, a
completed form prescribed pursuant to division (C)(1) of this
section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the
manner described in division (B) of this section to determine
whether any information exists that indicates that the person who
is the subject of the request previously has been convicted of or
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21,
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, felonious sexual
penetration in violation of former section 2907.12 of the Revised Code, a
violation of section 2905.04 of the Revised Code as it existed prior to July
1, 1996, a violation of section 2919.23 of the Revised Code that would have
been a violation of
section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had
the violation been committed prior to that date, or a violation of
section 2925.11 of the Revised Code that is not a minor drug possession
offense;
(b) A violation of an existing or former law of this state, any other
state, or the United States that is substantially equivalent to
any of the offenses listed in division (A)(1)(a) of this section.
(2) On receipt of a request
pursuant to section 5126.28 of the Revised
Code with respect to an
applicant for employment in any position with a county board of
mental retardation and developmental disabilities or pursuant to
section 5126.281 of the Revised
Code with respect to an
applicant for employment in a position with an entity
contracting with a county board for employment in a position
that involves providing service directly to individuals with
mental retardation and developmental disabilities, a completed
form prescribed pursuant to division
(C)(1) of this section, and a
set of fingerprint impressions obtained in the manner described
in division (C)(2) of this
section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal
records check. The superintendent shall conduct the criminal
records check in the manner described in division
(B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request has been convicted of
or pleaded guilty to any of the following:
(a) A violation of section 2903.01,
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16,
2903.21, 2903.34, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02,
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,
2907.12, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13,
2923.161, 2925.02, 2925.03, or 3716.11 of the
Revised Code;
(b) An existing or former law of this
state, any other state, or the United States that is substantially
equivalent to any of the offenses listed in division
(A)(2)(a) of this section.
(3) On receipt of a request pursuant to section 173.41,
3712.09, 3721.121, or 3722.151 of the
Revised Code, a completed form prescribed
pursuant to division (C)(1) of this section, and a set of
fingerprint impressions obtained in the manner described in
division (C)(2) of this section, the superintendent of
the bureau of criminal identification and investigation shall
conduct a criminal records check with respect to any person who
has applied for employment in
a position that involves providing
direct care to an older adult. The superintendent shall conduct
the criminal records check in the manner described in division
(B) of this section to determine whether any information
exists that indicates that the person who is the subject of the
request previously has been convicted of or pleaded guilty to any
of the following:
(a) A violation of section 2903.01, 2903.02,
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,
2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, 2911.01, 2911.02,
2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12,
2923.13, 2923.161, 2925.02,
2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the
Revised Code;
(b) An existing or former law of this state, any
other state, or the United States that is
substantially equivalent to any of the offenses listed in
division (A)(3)(a) of this section.
(4) On receipt of a request pursuant to section 3701.881 of the
Revised Code
with respect to an applicant for employment with a home health agency as a
person responsible for the care, custody, or control of a child, a completed
form prescribed pursuant to division (C)(1) of
this section, and a set of fingerprint impressions obtained in the manner
described in division (C)(2) of this section,
the superintendent of the bureau of criminal identification and investigation
shall conduct a criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division
(B) of this section to determine whether any
information exists that indicates that the person who is the subject of the
request previously has been convicted of or pleaded guilty to any of the
following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or
a violation of
section 2925.11 of the Revised Code that is not a minor drug
possession offense;
(b) An existing or former law of this state, any other state, or
the United States that is substantially equivalent to any of
the offenses listed in division (A)(4)(a) of this section.
(5) On receipt of a request pursuant to section 3701.881 of the
Revised Code with respect to an applicant for employment with a home health
agency in a
position that involves providing direct care to an older adult, a completed
form prescribed pursuant to division (C)(1) of
this section, and a set of fingerprint impressions obtained in the manner
described in division (C)(2) of this section,
the superintendent of the bureau of criminal identification and investigation
shall conduct a criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division
(B) of this section to determine whether any
information exists that indicates that the person who is the subject of the
request previously has been convicted of or pleaded guilty to any of the
following:
(a) A violation of section 2903.01, 2903.02,
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,
2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, 2911.01, 2911.02,
2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12,
2923.13, 2923.161, 2925.02,
2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the
Revised Code;
(b) An existing or former law of this state, any other state, or
the United States that is substantially equivalent to any of
the offenses listed in division (A)(5)(a) of this section.
(6) When conducting a criminal records check upon a
request pursuant to section 3319.39 of the Revised Code for an
applicant who is a teacher, IN ADDITION TO THE DETERMINATION MADE UNDER
DIVISION (A)(1) OF THIS SECTION, the superintendent shall
determine
whether any information exists that indicates that the person who
is the subject of the request previously has been convicted of or
pleaded guilty to any offense specified in section 3319.31 of the
Revised Code.
(7) WHEN CONDUCTING A CRIMINAL RECORDS CHECK ON A REQUEST PURSUANT TO
SECTION 2151.86 OF THE REVISED CODE FOR A PERSON WHO IS A
PROSPECTIVE FOSTER CAREGIVER OR WHO IS TWELVE YEARS OLD OR OLDER AND RESIDES
IN
THE HOME OF
A PROSPECTIVE FOSTER CAREGIVER, THE SUPERINTENDENT, IN ADDITION TO THE
DETERMINATION MADE
UNDER DIVISION (A)(1) OF THIS SECTION, SHALL DETERMINE WHETHER ANY
INFORMATION EXISTS THAT INDICATES EITHER OF THE FOLLOWING:
(a) THAT THE PERSON HAS BEEN CONVICTED
OF OR PLEADED GUILTY TO A VIOLATION OF:
(i) SECTION 2909.02 OR 2909.03 OF THE REVISED
CODE;
(ii) AN EXISTING OR FORMER LAW OF THIS STATE, ANY OTHER STATE, OR
THE UNITED STATES THAT IS SUBSTANTIALLY EQUIVALENT TO
SECTION 2909.02 OR 2909.03 OF THE REVISED CODE.
(b) THAT IN THE CASE OF A PERSON AT LEAST TWELVE YEARS OF AGE
BUT LESS THAN EIGHTEEN YEARS OF AGE RESIDING WITH
A PROSPECTIVE FOSTER CAREGIVER, THE PERSON HAS BEEN ADJUDICATED TO BE A
DELINQUENT CHILD FOR COMMITTING
AN ACT THAT IF COMMITTED BY AN ADULT WOULD HAVE BEEN A VIOLATION OF:
(i) SECTION 2903.01, 2903.02, 2903.11, 2903.12, 2903.13, 2907.02,
2907.03, 2907.05, 2907.06, 2909.02, OR 2909.03 OF THE REVISED
CODE;
(ii) AN EXISTING OR FORMER LAW OF THIS STATE, ANY OTHER STATE, OR
THE UNITED STATES THAT IS SUBSTANTIALLY EQUIVALENT TO ANY OF
THE OFFENSES LISTED IN DIVISION (A)(7)(b)(i)
OF THIS SECTION.
(8) Not later than thirty days after the date the
superintendent receives the
request, completed form, and fingerprint impressions, the
superintendent shall send the person who made the request any
information, other than information the dissemination of which is
prohibited by federal law, the superintendent determines exists with respect
to the person who is the subject of the request that indicates that the person
previously has been convicted of or pleaded guilty to
any offense listed or described in division (A)(1), (2), (3), (4), or
(5), (6), OR (7) of this section, AS
APPROPRIATE. The superintendent
shall send the person who made the request a copy of the
list of offenses
specified in division (A)(1), (2), (3), (4), or (5),
(6), OR (7) of this section, AS
APPROPRIATE. If
the request was made under section 3701.881 of the Revised Code with regard to
an applicant who may be both responsible for the care, custody, or control of
a child and involved in providing direct care to an older adult, the
superintendent shall provide
a list of the offenses specified in divisions (A)(4)
and (5) of this section.
(B) The superintendent shall conduct any criminal records
check requested under section 173.41, 2151.86, 3301.32, 3301.541,
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5126.28,
5126.281, or 5153.111 of the Revised Code as follows:
(1) The superintendent shall review or cause to be reviewed any relevant
information gathered and compiled by the bureau under division
(A) of section 109.57 of the Revised Code that relates to the
person who is the subject of the request, including any relevant
information contained in records that have been sealed under
section 2953.32 of the Revised Code;
(2) If the request received by the superintendent asks for information from
the federal bureau of investigation,
the superintendent shall request from the federal bureau of
investigation any information it has with respect to the person
who is the subject of the request and shall review or cause to be
reviewed any information the superintendent receives from that bureau.
(C)(1) The superintendent shall prescribe a form to obtain
the information necessary to conduct a criminal records check
from any person for whom a criminal records check is required by
section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,
3721.121, 3722.151, 5104.012, 5104.013, 5126.28, 5126.281, or 5153.111 of the
Revised Code.
(2) The superintendent shall prescribe standard impression
sheets to obtain the fingerprint impressions of any person for
whom a criminal records check is required by section 173.41, 2151.86,
3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012,
5104.013, 5126.28, 5126.281, or 5153.111 of the Revised Code. Any person for
whom a records check is required by any of those sections shall obtain
the fingerprint impressions at a county sheriff's office,
municipal police department, or any other entity with the ability
to make fingerprint impressions on the standard impression sheets
prescribed by the superintendent. The office, department, or
entity may charge the person a reasonable fee for making the
impressions.
(3) Subject to division (D) of this section, the
superintendent shall prescribe and charge a reasonable fee for
providing a criminal records check requested under section
173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,
3722.151, 5104.012, 5104.013, 5126.28, 5126.281, or 5153.111 of the Revised
Code. The person making a criminal records request under section
173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,
3712.09, 3721.121, 3722.151, 5104.012, 5104.013,
5126.28, 5126.281, or
5153.111 of the Revised Code shall pay the fee prescribed pursuant to this
division. A person making a request under section 3701.881 of the Revised
Code for a criminal records check for an applicant who may be both responsible
for the care, custody, or control of a child and involved in providing direct
care to an older adult shall pay one fee for the request.
(D) A determination whether any information exists that
indicates that a person previously has been convicted of or
pleaded guilty to any offense listed or described in division (A)(1)(a)
or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or (b), or
(A)(5)(a) or
(b), (A)(6), OR (A)(7)(a)
OR
(b) of this section that is made by the superintendent with respect
to information considered in a criminal records check in
accordance with this section is valid for the person who is the
subject of the criminal records check for a period of one year
from the date upon which the superintendent makes the
determination. During the period in which the determination in
regard to a person is valid, if another request under this
section is made for a criminal records check for that person, the
superintendent shall provide the information that is the basis
for the superintendent's initial determination at a lower fee than the fee
prescribed for the initial criminal records check.
(E) As used in this section:
(1) "Criminal records check" means any criminal records check conducted by
the superintendent
of the bureau of criminal identification and investigation in
accordance with division (B) of this section.
(2) "Minor drug possession offense" has the same meaning as in section
2925.01 of the Revised Code.
(3) "Older adult" means a person age sixty or older.
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) ON THE REQUEST OF THE AGENCY BEING AUDITED, THE AUDITING TEAM
SHALL CONSULT WITH A REPRESENTATIVE OF A NATIONAL
NONPROFIT ORGANIZATION WITH EXPERTISE IN CHILD WELFARE ISSUES AND THE COST OF
THE CONSULTATION SHALL BE INCLUDED IN THE COST OF THE AUDIT;
(B) THE AUDIT SHALL FOCUS ON FISCAL ACCOUNTABILITY RATHER THAN
CLINICAL DECISION MAKING;
(C) THE AUDITOR OF STATE
SHALL COMPLY WITH GENERALLY ACCEPTED GOVERNMENTAL AUDITING
STANDARDS WHEN CONDUCTING THE AUDIT.
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
307.621 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 job and family
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) Peace officer residential and familial information;
(q) 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;
(r) 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 307.629 of the Revised Code, OTHER THAN THE REPORT
PREPARED PURSUANT TO SECTION 307.626
OF THE REVISED CODE;
(s) 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;
(t) 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.
(7) "Peace officer residential and familial information" means
information that discloses any of the following:
(a) The address of the actual personal residence of a peace
officer, except for the state or political subdivision in which the peace
officer resides;
(b) Information compiled from referral to or participation in an
employee assistance program;
(c) The social security number, the residential telephone number,
any bank account, debit card, charge card, or credit card number, or the
emergency telephone number of, or any medical
information pertaining to, a peace officer;
(d) The name of any beneficiary of employment benefits,
including,
but not limited to, life insurance benefits, provided to a peace officer by
the peace officer's employer;
(e) The identity and amount of any charitable or employment
benefit deduction made by the peace officer's employer from the peace
officer's compensation unless the amount of the deduction is required by state
or federal law;
(f) The name, the residential address, the name of the employer,
the address of the employer, the social security number, the residential
telephone number, any bank account, debit card, charge card, or credit card
number, or the emergency telephone number
of the spouse, a former spouse, or any child of a peace officer.
As used in divisions (A)(7) and (B)(5) of this section,
"peace officer"
has the same meaning as in section 109.71 of the Revised Code, except that
"peace officer" does not include the
sheriff of a county or a supervisory employee who, in the absence of the
sheriff, is authorized to stand in for, exercise the authority of, and perform
the duties of the sheriff.
(B)(1) Subject to division (B)(4) of this section, all public records shall
be promptly prepared and made
available for inspection to any person at all reasonable times
during regular business hours. Subject to division (B)(4) of this section,
upon request, a public office or 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, public offices shall
maintain public records in a manner that they can be made
available for inspection in accordance with this division.
(2) If any person chooses to obtain a copy of a public record in
accordance with division (B)(1) of this section,
the public office or person responsible for the public record shall permit
that person to
choose to have the public record duplicated upon paper, upon the same medium
upon which the public office or person responsible for the public record keeps
it, or upon
any other medium upon which the public office or person responsible for the
public record determines
that it reasonably can be duplicated
as an integral part of the normal operations of the public office or person
responsible for the public record. When the person
seeking the copy makes a choice under this division, the public office or
person responsible for the public record shall provide a copy of it in
accordance
with the choice made by the person seeking the copy.
(3) Upon a request made in accordance with division (B)(1) of
this section, a public office or person responsible for public records
shall transmit a copy of a public record to any person by United
States mail within a reasonable period of time after receiving the
request for the
copy. The public office or person responsible for the public record may
require the person making
the request to pay in advance the cost of postage and other supplies used in
the mailing.
Any public office
may adopt a policy and procedures that it will follow in
transmitting, within a reasonable period of time after receiving
a request, copies of public records by
United
States mail pursuant to this
division. A public office that adopts a policy and procedures
under this division shall comply with them in performing its
duties under this division.
In any policy and procedures adopted under this division, a
public office may limit the number of records requested by a person that
the office will transmit by United States mail to ten per
month, unless the person certifies to the office in writing that the person
does not intend to use or forward the requested records, or the information
contained
in them, for commercial purposes. For purposes of this division, "commercial"
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.
(4) A public office or person responsible for public records is
not required to permit a person who is incarcerated pursuant to a
criminal conviction or a juvenile adjudication to inspect or to
obtain a copy of any public record concerning a criminal
investigation or prosecution or concerning what would be a
criminal investigation or prosecution if the subject of the
investigation or prosecution were an adult, unless the request to
inspect or to obtain a copy of the record is for the purpose of
acquiring information that is subject to release as a public
record under this section and the judge who imposed the sentence
or made the adjudication with respect to the person, or the
judge's successor in office, finds that the information sought in
the public record is necessary to support what appears to be a
justiciable claim of the person.
(5) Upon written request made and signed by a journalist on or after the
effective date of this amendment DECEMBER 16,
1999, a
public office, or person responsible for public records, having custody of
the records of the agency employing a specified peace officer shall disclose
to the
journalist the address of the actual personal residence of the peace
officer and, if the peace officer's spouse, former spouse, or
child is employed by a public office, the name and address of the
employer of the peace officer's spouse, former spouse, or child.
The request shall include the journalist's name and title and the
name and address of the journalist's employer and shall state
that disclosure of the information sought would be in the public
interest.
As used in division (B)(5) of this section, "journalist" means a
person engaged in, connected with, or employed by any news medium, including a
newspaper, magazine, press association, news
agency, or wire service, a radio or television station, or a
similar medium, for the purpose of gathering, processing,
transmitting, compiling, editing, or disseminating information for the
general public.
(C) If a person allegedly is aggrieved by the failure of a
public office 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 public office or the
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 public office 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 divisions (B)(3) and (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 AND EXCEPT AS PROVIDED IN
DIVISION (D) 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.
(D)(1) IN any legal proceeding in which the
prosecuting attorney is fully able to perform his THE PROSECUTING
ATTORNEY'S statutory duty
to represent the COUNTY board OF MENTAL RETARDATION AND
DEVELOPMENTAL DISABILITIES OR PUBLIC CHILDREN SERVICES 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.
(2) A PUBLIC CHILDREN SERVICES AGENCY THAT RECEIVES MONEY FROM
THE COUNTY GENERAL REVENUE FUND MUST OBTAIN THE PERMISSION OF THE BOARD OF
COUNTY COMMISSIONERS OF THE
COUNTY SERVED BY THE AGENCY BEFORE EMPLOYING COUNSEL UNDER DIVISION
(C) OF THIS SECTION.
Sec. 307.441. (A) The board of county commissioners of
each county may procure a policy or policies of insurance
insuring the county recorder and the clerk of the court of common
pleas and their deputies against liability on account of errors
or omissions unknowingly made by them and for which they may be
held liable.
The policy or policies of insurance shall be in an amount
of not less than fifty thousand dollars.
(B) The board of county commissioners of each county may
procure a policy or policies of insurance insuring the sheriff
and his deputies against liability arising from the performance
of their official duties.
(C) The board of county commissioners of each county may
procure a policy or policies of insurance insuring the
prosecuting attorney and assistant prosecuting attorneys against
liability arising from the performance of their official duties.
(D) The board of county commissioners of each county may
procure a policy or policies of insurance insuring the coroner,
county engineer, county auditor, each county commissioner, and
the county treasurer and their assistants against liability
arising from the performance of their official duties.
(E) The board of county commissioners of each county may
procure a policy or policies of insurance insuring any county
employee against liability arising from the performance of his
official duties.
(F) If the board of county commissioners of any county
procures a policy or policies of insurance insuring any county
official against liability arising from the performance of his THE
COUNTY OFFICIAL'S
official duties as provided by divisions (A) to (D) of this
section, it shall not refuse to procure a policy or policies of
insurance insuring any other county official as authorized in
those divisions, if such policy or policies are reasonably
available.
(G) The board of county commissioners of any county may
procure a policy or policies of insurance insuring the county
director of job and family services, county department of
job and family services
employees, or foster
parents CAREGIVERS associated with the county department of job
and
family services,
against liability arising from the performance of their official
duties.
(H) The board of county commissioners of each county may
procure a policy or policies of insurance insuring the county
public defender and the members of the county public defender
commission against liability arising from the performance of
their official duties. A joint board of county commissioners
formed pursuant to section 120.23 of the Revised Code may, in
accordance with the agreement of the participating boards of
county commissioners, procure a policy or policies of insurance
insuring the joint county public defender and the members of the
joint county public defender commission against liability arising
from the performance of their official duties.
(I) The board of county commissioners of each county may
procure a policy or policies of insurance insuring the judges of
the court of common pleas and any county court in the county, and
the employees of those courts, against liability arising from the
performance of their official duties.
Sec. 307.621. 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 307.624 of the Revised Code.
Sec. 307.622. (A) THE HEALTH COMMISSIONER OF THE BOARD OF
HEALTH OF A CITY OR A GENERAL HEALTH DISTRICT WHO IS APPOINTED
UNDER SECTION 307.621 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 SERVICES 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.
(D) A CHILD FATALITY REVIEW BOARD MEMBER SHALL NOT
RECEIVE ANY
COMPENSATION FOR, AND SHALL NOT BE PAID FOR ANY EXPENSES INCURRED
PURSUANT TO, FULFILLING THE MEMBER'S DUTIES ON THE BOARD UNLESS
COMPENSATION FOR, OR PAYMENT FOR EXPENSES INCURRED PURSUANT TO,
THOSE DUTIES IS RECEIVED PURSUANT TO A MEMBER'S REGULAR
EMPLOYMENT.
Sec. 307.623. 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. 307.624. 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. 307.625. A CHILD FATALITY REVIEW BOARD MAY NOT CONDUCT A REVIEW OF
THE DEATH OF A CHILD
DESCRIBED IN SECTION 307.624 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. 307.626. (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. 307.627. (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,
ON THE REQUEST OF THE REVIEW BOARD,
SHALL SUBMIT TO THE REVIEW BOARD A SUMMARY SHEET OF INFORMATION. WITH
RESPECT TO A REQUEST MADE TO A HEALTH CARE ENTITY, THE SUMMARY
SHEET SHALL CONTAIN ONLY INFORMATION AVAILABLE AND REASONABLY
DRAWN FROM THE CHILD'S MEDICAL RECORD CREATED BY THE HEALTH CARE
ENTITY. WITH RESPECT TO A REQUEST MADE TO ANY OTHER INDIVIDUAL OR
ENTITY, THE SUMMARY SHALL CONTAIN ONLY INFORMATION AVAILABLE AND
REASONABLY DRAWN FROM ANY RECORD INVOLVING THE CHILD THAT THE
INDIVIDUAL OR ENTITY DEVELOPS IN THE NORMAL COURSE OF BUSINESS.
ON THE REQUEST OF THE REVIEW BOARD, AN INDIVIDUAL OR ENTITY MAY,
AT THE INDIVIDUAL OR ENTITY'S DISCRETION, MAKE ANY ADDITIONAL
INFORMATION, DOCUMENTS, OR REPORTS AVAILABLE TO THE REVIEW BOARD.
FOR PURPOSES OF THE REVIEW, THE REVIEW BOARD SHALL HAVE
ACCESS TO CONFIDENTIAL INFORMATION
PROVIDED TO THE REVIEW
BOARD UNDER THIS DIVISION OR DIVISION (H)(4) OF SECTION 2151.421
OF THE REVISED CODE, 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 SHALL 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 307.625 of the Revised Code TO ALLOW REVIEW OF
THE DEATH.
Sec. 307.628. (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. 307.629. (A) 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 307.626 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.
(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. 2151.011. (A) As used in the Revised Code:
(1) "Juvenile court" means the division of the court of
common pleas or a juvenile court separately and independently
created having jurisdiction under this chapter.
(2) "Juvenile judge" means a judge of a court having
jurisdiction under this chapter.
(3) "Private child placing agency" means any association,
as defined in section 5103.02 of the Revised Code, that is
certified pursuant to section 5103.03
of the Revised Code
to accept temporary, permanent, or legal custody of children
and place the children for either foster care or adoption.
(4) "Private noncustodial agency" means any person,
organization, association, or society certified by the department
of job and family services that does not accept temporary
or permanent
legal custody of children, that is privately operated in this
state, and that does one or more of the following:
(a) Receives and cares for children for two or more
consecutive weeks;
(b) Participates in the placement of children in family
CERTIFIED
foster homes;
(c) Provides adoption services in conjunction with a
public children services agency or private child placing agency.
(B) As used in this chapter:
(1) "Adequate parental care" means the provision by a
child's parent or parents, guardian, or custodian of adequate
food, clothing, and shelter to ensure the child's health and
physical safety and the provision by a child's parent or parents
of specialized services warranted by the child's physical or
mental needs.
(2) "Adult" means an individual who is eighteen years of age or
older.
(3) "Agreement for temporary custody" means a voluntary
agreement authorized by section 5103.15 of the Revised Code
that transfers the temporary custody of a child to a
public children services agency or a private child placing
agency.
(4) "Babysitting care" means care provided for a child
while the parents, guardian, or legal custodian of the child are
temporarily away.
(5) "Certified family foster home" means a family foster
home
operated by persons holding a certificate in force, issued,
AS DEFINED IN SECTION 5103.02 OF THE REVISED CODE,
CERTIFIED under
section 5103.03 of the Revised Code.
(6)(5)(a) "Child" means a person who is under
eighteen years of age, except as otherwise provided in
divisions (B)(6)(5)(b) to (f) of this
section.
(b) Subject to division (B)(6)(5)(c) of
this section, any person who violates a federal or state law or
municipal ordinance prior to attaining eighteen years of age shall be deemed a
"child" irrespective of that person's age at the time the complaint is filed
or the hearing on the complaint is held.
(c) Any person who, while under
eighteen years of age, commits an act that would be a felony if committed by
an adult and who is not taken into custody or apprehended for that act until
after the person attains twenty-one years of age is not a child in relation to
that act.
(d) Any person whose case is transferred for criminal prosecution
pursuant to division (B) or (C) of section 2151.26 of the
Revised Code shall after the transfer be deemed not to be a
child in the transferred case.
(e) Subject to division (B)(6)(5)(f) of
this section, any person whose case is transferred for
criminal prosecution pursuant to division (B) or (C) of section 2151.26 of
the Revised
Code and who subsequently is convicted of or pleads guilty to a
felony in that case shall after the
transfer be deemed not to be a child in any
case in which the person is
alleged to have committed prior to
or subsequent
to the transfer an act that would be an offense if committed by an adult.
Division (B)(6)(5)(e)
of this section applies to a case regardless of
whether the
prior or subsequent act that is alleged in the case and that would be
an offense if committed by an adult allegedly was committed in the same county
in which
the case was transferred or in another county and regardless of whether the
complaint in the case involved was filed in the same county in which the
case was transferred or in another county. Division
(B)(6)(5)(e) of this section applies to a
case that involves an act committed prior to the transfer only when the
prior act alleged in the case has not been disposed of by a juvenile court or
trial court.
(f) Notwithstanding division (B)(6)(5)(e)
of this section, if a person's case is transferred for criminal prosecution
pursuant to division (B) or (C) of section 2151.26 of the
Revised Code and if the person subsequently is convicted of
or pleads guilty to a felony in that case, thereafter, the person shall be
considered a child solely for the following purposes in relation to any act
the person subsequently commits that would be an offense if committed by an
adult:
(i) For purposes of the filing of a complaint alleging that the
child is a delinquent child for committing the act that would be an offense if
committed by an adult;
(ii) For purposes of the juvenile court conducting a hearing
under division (B) of section 2151.26 of the Revised
Code relative to the complaint described in division
(B)(6)(5)(f)(i) of this section to determine
whether division (B)(1) of section
2151.26 of the Revised Code applies and requires that the
case be transferred for criminal prosecution to the
appropriate court having jurisdiction of the offense.
(7)(6) "Child day camp," "child day-care," "child day-care
center,"
"part-time
child day-care center," "type A family day-care home," "certified
type B family day-care home," "type B home," "administrator
of a
child day-care center," "administrator of a type A family
day-care home," "in-home aide," and "authorized provider" have
the same meanings as in section 5104.01 of the Revised Code.
(8)(7) "Child day-care provider" means an individual who is
a child-care staff member or administrator of a child day-care
center, a type A family day-care home, or a type B family
day-care home, or an in-home aide or an individual who is
licensed, is regulated, is approved, operates under the direction
of, or otherwise is certified by the department of job and
family
services, department of mental retardation and developmental
disabilities, or the early childhood programs of the department
of education.
(9)(8) "Commit" means to vest custody as ordered by the
court.
(10)(9) "Counseling" includes both of the following:
(a) General counseling services performed
by a public children services agency or shelter
for victims of domestic violence to assist a child, a child's
parents, and a child's siblings in alleviating identified problems
that may
cause or have caused the child to be an abused, neglected, or
dependent child.
(b) Psychiatric or
psychological therapeutic counseling services
provided to correct or alleviate any mental or
emotional illness or disorder and performed by a licensed psychiatrist,
licensed psychologist, or a person licensed
under Chapter 4757. of the Revised Code
to engage in social work or professional counseling.
(11)(10) "Custodian" means a person who has legal custody of
a
child or a public children services agency or private child
placing agency that has permanent, temporary, or legal custody of
a child.
(12)(11) "Detention" means the temporary care of children
pending court adjudication or disposition, or execution of a court order, in a
public or private facility designed to physically restrict the movement and
activities of children.
(13)(12) "Developmental disability" has the same meaning as
in
section 5123.01 of the Revised Code.
(14) "Family foster home" means a private residence in
which children are received apart from their parents, guardian,
or legal custodian by an individual for hire, gain, or reward for
nonsecure care, supervision, or training twenty-four hours a day.
"Family foster home" does not include babysitting care provided
for a child in the home of a person other than the home of the
parents, guardian, or legal custodian of the child.
(15)(13) "Foster home CAREGIVER" means a
family home in which any child
is received apart from the child's parents for care, supervision,
or
training HAS THE SAME MEANING AS IN SECTION 5103.02 OF THE
REVISED CODE.
(16)(14) "Guardian" means a person, association, or
corporation that is granted authority by a probate court pursuant
to Chapter 2111. of the Revised Code to exercise parental rights
over a child to the extent provided in the court's order and
subject to the residual parental rights of the child's parents.
(17)(15) "Legal custody" means a legal status that vests in
the custodian the right to have physical care and control of the
child and to determine where and with whom the child shall live, and
the
right and duty to protect, train, and discipline the child and to
provide the child with food, shelter, education, and medical care,
all
subject to any residual parental rights, privileges, and
responsibilities. An individual granted legal custody shall
exercise the rights and responsibilities personally unless
otherwise authorized by any section of the Revised Code or by the
court.
(18)(16) "Mental illness" and "mentally ill person subject
to
hospitalization by court order" have the same meanings as in
section 5122.01 of the Revised Code.
(19)(17) "Mental injury" means any behavioral, cognitive,
emotional, or mental disorder in a child caused by an act or omission that
is described in section 2919.22 of the Revised Code and is
committed by the parent or other person
responsible for the child's care.
(20)(18) "Mentally retarded person" has the same meaning as
in
section 5123.01 of the Revised Code.
(21)(19) "Nonsecure care, supervision, or training" means
care, supervision, or training of a child in a facility that does
not confine or prevent movement of the child within the facility
or from the facility.
(22)(20) "Organization" means any institution, public,
semipublic, or private, and any private association, society, or
agency located or operating in the state, incorporated or
unincorporated, having among its functions the furnishing of
protective services or care for children, or the placement of
children in CERTIFIED foster homes or elsewhere.
(23)(21) "Out-of-home care" means detention facilities,
shelter facilities, foster homes, certified foster homes,
placement in a prospective adoptive home prior to the issuance of
a final decree of adoption, organizations, certified
organizations, child day-care centers, type A family day-care
homes, child day-care provided by type B family day-care home
providers and by in-home aides, group home providers, group
homes, institutions, state institutions, residential facilities,
residential care facilities, residential camps, day camps,
hospitals, and medical clinics that are responsible for the care,
physical custody, or control of children.
(24)(22) "Out-of-home care child abuse" means any of the
following when committed by a person responsible for the care of
a child in out-of-home care:
(a) Engaging in sexual activity with a child in the person's
care;
(b) Denial to a child, as a means of punishment, of proper
or necessary subsistence, education, medical care, or other care
necessary for a child's health;
(c) Use of restraint procedures on a child that cause
injury or pain;
(d) Administration of prescription drugs or psychotropic
medication to the child without the written approval and ongoing
supervision of a licensed physician;
(e) Commission of any act, other than by accidental means,
that results in any injury to or death of the child in out-of-home
care or commission of any act by accidental means that results in
an injury to or death of a child in out-of-home care and that is
at variance with the history given of the injury or death.
(25)(23) "Out-of-home care child neglect" means any of the
following when committed by a person responsible for the care of
a child in out-of-home care:
(a) Failure to provide reasonable supervision according to
the standards of care appropriate to the age, mental and physical
condition, or other special needs of the child;
(b) Failure to provide reasonable supervision according to
the standards of care appropriate to the age, mental and physical
condition, or other special needs of the child, that results in sexual or
physical abuse of the child by any person;
(c) Failure to develop a process for all of the following:
(i) Administration of prescription drugs or psychotropic
drugs for the child;
(ii) Assuring that the instructions of the licensed
physician who prescribed a drug for the child are followed;
(iii) Reporting to the licensed physician who prescribed
the drug all unfavorable or dangerous side effects from the use
of the drug.
(d) Failure to provide proper or necessary subsistence,
education, medical care, or other individualized care necessary
for the health or well-being of the child;
(e) Confinement of the child to a locked room without
monitoring by staff;
(f) Failure to provide ongoing security for all
prescription and nonprescription medication;
(g) Isolation of a child for a period of time when there
is substantial risk that the isolation, if continued, will impair
or retard the mental health or physical well-being of the child.
(26)(24) "Permanent custody" means a legal status that vests
in a public children services agency or a private child placing
agency, all parental rights, duties, and obligations, including
the right to consent to adoption, and divests the natural parents
or adoptive parents of all parental rights, privileges,
and obligations, including all residual rights and obligations.
(27) "Planned permanent living arrangement"
means an order of a
juvenile court pursuant to which both of the following apply:
(a) The court gives legal custody of a child to a public children
services agency or a private child placing agency without the termination of
parental rights.
(b) The order permits the agency to make an appropriate placement
of
the child and to enter into a written
agreement with a foster care provider or with another person or agency with
whom the child is placed.
(28)(25) "Permanent surrender" means the act of the parents
or, if a child has only one parent, of the parent of a child, by
a voluntary agreement authorized by section 5103.15
of the Revised Code, to transfer the permanent custody of the child to a
public children services agency or a private child placing
agency.
(29)(26) "Person responsible for a child's care in
out-of-home
care" means any of the following:
(a) Any foster parent CAREGIVER, in-home aide, or provider;
(b) Any administrator, employee, or agent of any of the
following: a public or private detention facility; shelter
facility; organization; certified organization; child day-care
center; type A family day-care home; certified type B family
day-care home; group home; institution; state institution;
residential facility; residential care facility; residential
camp; day camp; hospital; or medical clinic;
(c) Any other person who performs a similar function with
respect to, or has a similar relationship to, children.
(30)(27) "Physically impaired" means having one or more of
the following conditions that substantially limit one or more of
an individual's major life activities, including self-care,
receptive and expressive language, learning, mobility, and self-direction:
(a) A substantial impairment of vision, speech, or hearing;
(b) A congenital orthopedic impairment;
(c) An orthopedic impairment caused by disease,
rheumatic fever or any other similar chronic or acute health
problem, or amputation or another similar cause.
(31)(28) "Placement for adoption" means the arrangement by a
public children services agency or a private child placing agency
with a person for the care and adoption by that person of a child
of whom the agency has permanent custody.
(32)(29) "Placement in foster care" means the
arrangement by a public children services agency or a private child placing
agency for the out-of-home care of a child of whom the agency has
temporary custody or permanent custody.
(33)(30) "PLANNED PERMANENT LIVING ARRANGEMENT"
MEANS AN ORDER OF A
JUVENILE COURT PURSUANT TO WHICH BOTH OF THE FOLLOWING APPLY:
(a) THE COURT GIVES LEGAL CUSTODY OF A CHILD TO A PUBLIC CHILDREN
SERVICES AGENCY OR A PRIVATE CHILD PLACING AGENCY WITHOUT THE TERMINATION OF
PARENTAL RIGHTS.
(b) THE ORDER PERMITS THE AGENCY TO MAKE AN APPROPRIATE PLACEMENT
OF
THE CHILD AND TO ENTER INTO A WRITTEN
AGREEMENT WITH A FOSTER CARE PROVIDER OR WITH ANOTHER PERSON OR AGENCY WITH
WHOM THE CHILD IS PLACED.
(31) "Practice of social work" and "practice of professional
counseling" have the same meanings as in section 4757.01
of the Revised Code.
(34)(32) "Probation" means a legal status created by court
order following an adjudication that a child is a delinquent child, a
juvenile traffic offender, or an unruly child, whereby the child is
permitted to remain in the parent's, guardian's, or custodian's
home subject to supervision, or under the supervision of any
agency designated by the court and returned to the court for
violation of probation at any time during the period of
probation.
(35)(33) "Protective supervision" means an order of
disposition pursuant to which the court permits an abused,
neglected, dependent, unruly, or delinquent child or a juvenile
traffic offender to remain in the custody of the child's parents,
guardian, or custodian and stay in the child's home, subject to any
conditions and limitations upon the child, the
child's parents,
guardian,
or custodian, or any other person that the court prescribes,
including supervision as directed by the court for the protection
of the child.
(36)(34) "Psychiatrist" has the same meaning as in section
5122.01 of the Revised Code.
(37)(35) "Psychologist" has the same meaning as in section
4732.01 of the Revised Code.
(38)(36) "Residential camp" means a program in which the
care, physical
custody, or control of
children is accepted overnight for recreational or recreational and
educational purposes.
(39)(37) "Residential care facility" means an institution,
residence, or facility that is licensed by the department of
mental health under section 5119.22 of the Revised Code and that
provides care for a child.
(40)(38) "Residential facility" means a home or facility that
is licensed by the department of mental retardation and
developmental disabilities under section 5123.19 of the Revised Code
and in which a child with a developmental disability
resides.
(41)(39) "Residual parental rights, privileges, and
responsibilities" means those rights, privileges, and
responsibilities remaining with the natural parent after the
transfer of legal custody of the child, including, but not
necessarily limited to, the privilege of reasonable visitation,
consent to adoption, the privilege to determine the child's
religious affiliation, and the responsibility for support.
(42)(40) "Secure correctional facility" means a facility
under the direction of the department of youth services that is designed to
physically restrict the movement and activities of children and used for the
placement of children after adjudication and disposition.
(43)(41) "Sexual activity" has the same meaning as in section
2907.01 of the Revised Code.
(44)(42) "Shelter" means the temporary care of children in
physically unrestricted facilities pending court adjudication or
disposition.
(45)(43) "Shelter for victims of domestic violence" has the
same meaning as in section 3113.33 of the Revised Code.
(46)(44) "Temporary custody" means legal custody of a child
who is removed from the child's home, which custody may be
terminated at
any time at the discretion of the court or, if the legal custody
is granted in an agreement for temporary custody, by the person
who executed the agreement.
(C) For the purposes of this chapter, a child shall be presumed
abandoned when the parents of the child have failed to visit or maintain
contact with the child for more than ninety days, regardless of whether the
parents resume contact with the child after that period of
ninety days.
Sec. 2151.312. (A) Except as provided in divisions (B)
and (F) of this section, a child alleged to be or adjudicated a delinquent
child, an unruly child, or a juvenile traffic offender may be
held only in the following places:
(1) A certified family foster home or a home approved by
the court;
(2) A facility operated by a certified child welfare
agency;
(3) Any other suitable place designated by the court.
(B) In addition to the places listed in division (A) of
this section, a child alleged to be or adjudicated a delinquent child may be
held in a detention home or center for delinquent children that is under the
direction or supervision of the court or other public authority or of a
private agency and approved by the court.
(C)(1) Except as provided under division (C)(1) of section
2151.311 of the Revised Code or division (A)(6) of section 2151.356 of the
Revised Code, a child
alleged to be or adjudicated a neglected child, an abused child, a dependent
child, an unruly child, or a juvenile traffic offender may not be held in any
of the following facilities:
(a) A state correctional institution, county,
multicounty, or
municipal jail or workhouse, or other place in which an adult convicted of
crime, under arrest, or charged with a crime is held.
(b) A secure correctional facility.
(2) Except as provided under sections 2151.56 to 2151.61 and division
(A)(6) of section 2151.356 of the Revised Code and division (C)(3) of this
section, a child alleged to be or adjudicated an unruly child or a juvenile
traffic offender may not be held for more than twenty-four hours in a
detention home. A child alleged to be or adjudicated a neglected child, an
abused child, or a dependent child shall not be held in a detention home.
(3) A child who is alleged to be or who is adjudicated an unruly child and
who is taken into custody on a Saturday,
Sunday, or legal holiday, as listed in section 1.14 of the Revised Code, may
be held in a detention home until the next succeeding day that is not a
Saturday, Sunday, or legal holiday.
(D) Except as provided in division (F) of this section or
in division (C) of section 2151.311, in division (C)(2) of
section 5139.06 and
section 5120.162, or in division (B) of section 5120.16 of
the Revised Code, a child who is alleged to be or is
adjudicated a delinquent child may not be held in a state
correctional institution, county, multicounty, or municipal jail
or workhouse, or other place where an adult convicted of crime,
under arrest, or charged with crime is held.
(E) Unless the detention is pursuant to division (F) of
this section or division (C) of
section 2151.311, division (C)(2) of section 5139.06 and
section
5120.162, or division (B) of section 5120.16 of the Revised Code, the official
in charge of the
institution, jail, workhouse, or other facility shall inform the
court immediately when a child, who is or appears to be under the
age of eighteen years, is received at the facility, and shall
deliver the child to the court upon request or transfer the child to a
detention facility designated by the court.
(F) If a case is transferred to another court for criminal
prosecution pursuant to section 2151.26 of the Revised Code, the
child may be transferred for detention pending the criminal
prosecution in a jail or other facility in accordance with the
law governing the detention of persons charged with crime. Any
child so held shall be confined in a manner that keeps the child beyond the
range of touch of all adult detainees. The child shall
be supervised at all times during the detention.
Sec. 2151.331. A child alleged to be or adjudicated an abused, neglected,
dependent, or unruly child or a juvenile traffic offender
may be detained after a complaint is filed in a certified family foster
home
for a period not exceeding sixty days or until the final
disposition of the case, whichever comes first. The court also may arrange
with a public children services agency or private child placing
agency to receive, or with a private noncustodial agency for temporary care
of, the child within the jurisdiction of the court. A child alleged to be or
adjudicated an unruly child also may be assigned to an alternative
diversion program established by the court for a period not exceeding sixty
days after a complaint is filed or until final disposition of the case,
whichever comes first.
If the court arranges for the board of a child temporarily detained in a
certified family foster home or arranges for the board of a child
through a
private
child placing agency, the board of county commissioners shall pay a reasonable
sum, which the court shall fix, for the board of the child. In order to have
certified family foster homes available for service, an agreed monthly
subsidy
may be paid in addition to a fixed rate per day for care of a child actually
residing in the certified family foster home.
Sec. 2151.34. A child who is alleged to be or adjudicated a delinquent
child may be confined
in a place of juvenile detention for a period not to exceed
ninety days, during which time a social history may be prepared
to include court record, family history, personal history, school
and attendance records, and any other pertinent studies and
material that will be of assistance to the juvenile court in its
disposition of the charges against that juvenile offender.
Upon the advice and recommendation of the judge, the board
of county commissioners shall provide, by purchase, lease,
construction, or otherwise, a place to be known as a detention
home that shall be within a convenient distance of the juvenile
court and shall not be used for the confinement of adults charged
with criminal offenses and in which delinquent children may be detained until
final disposition. Upon the
joint advice and recommendation of the juvenile judges of two or
more adjoining or neighboring counties, the boards of county
commissioners of the counties shall form themselves into a joint
board and proceed to organize a district for the establishment
and support of a detention home for the use of the juvenile
courts of those counties, in which delinquent children may
be detained until final disposition, by using a site or buildings
already established in one of the counties or by providing for
the purchase of a site and the erection of the necessary
buildings on the site.
A child who is adjudicated to be a juvenile traffic
offender for having committed a violation of division (A) of
section 4511.19 of the Revised Code or of a municipal ordinance
that is substantially comparable to that division may be confined
in a detention home or district detention home pursuant to
division (A)(6) of section 2151.356 of the Revised Code, provided
the child is kept separate and apart from alleged delinquent children.
The county or district detention home shall be maintained
as provided in sections 2151.01 to 2151.54 of the Revised Code.
In any county in which there is no detention home or that is not
served by a district detention home, the board of county
commissioners shall provide funds for the boarding of such
children temporarily in private homes. Children who are alleged
to be or have been adjudicated delinquent children may be detained after a
complaint is filed in the detention home until final disposition of
their cases or in certified family foster homes or in any other
home approved by the court, if any are available, for
a period not exceeding sixty days or until final disposition of their cases,
whichever comes first. The court also may arrange with any public
children services agency or private child placing agency to
receive, or private noncustodial agency for temporary care of, the
children within the jurisdiction of the court. A district
detention home approved for such purpose by the department of
youth services under section 5139.281 of the Revised Code may
receive children committed to its temporary custody under section
2151.355 of the Revised Code and provide the care, treatment, and
training required.
If a detention home is established as an agency of the
court or a district detention home is established by the courts
of several counties as provided in this section, it shall be
furnished and carried on, as far as possible, as a family home in
charge of a superintendent or matron in a nonpunitive neutral
atmosphere. The judge, or the directing board of a district
detention home, may appoint a superintendent, a matron, and other
necessary employees for the home and fix their salaries. During
the school year, when possible, a comparable educational program
with competent and trained staff shall be provided for those
children of school age. A sufficient number of trained
recreational personnel shall be included among the staff to
assure wholesome and profitable leisure-time activities. Medical
and mental health services shall be made available to ensure the
courts all possible treatment facilities shall be given to those
children placed under their care. In the case of a county
detention home, the salaries shall be paid in the same manner as
is provided by section 2151.13 of the Revised Code for other
employees of the court, and the necessary expenses incurred in
maintaining the detention home shall be paid by the county. In
the case of a district detention home, the salaries and the
necessary expenses incurred in maintaining the district detention
home shall be paid as provided in sections 2151.341 to 2151.3415
of the Revised Code.
If the court arranges for the board of children temporarily
detained in family CERTIFIED foster homes or arranges for the
board of
those children through any private child placing agency, a
reasonable sum to be fixed by the court for the board of those
children shall be paid by the county. In order to have family
CERTIFIED
foster homes available for service, an agreed monthly subsidy may
be paid and a fixed rate per day for care of children actually
residing in the family CERTIFIED foster home.
Sec. 2151.353. (A) If a child is adjudicated an abused,
neglected, or dependent child, the court may make any of the
following orders of disposition:
(1) Place the child in protective supervision;
(2) Commit the child to the temporary custody of a public
children services agency, a private child placing agency, either
parent, a relative residing within or outside the state, or a
probation officer for placement in a certified family foster
home or in any other home approved by the court;
(3) Award legal custody of the child to either parent or
to any other person who, prior to the dispositional hearing,
files a motion requesting legal custody of the child;
(4) Commit the child to the permanent custody of a public
children services agency or private child placing agency, if the
court determines in accordance with division (E) of section
2151.414 of the Revised Code that the child cannot be placed with
one of the child's parents within a reasonable time or should not be
placed with either parent and determines in accordance with
division (D) of section 2151.414 of the Revised Code that the
permanent commitment is in the best interest of the child. If
the court grants permanent custody under this division, the
court, upon the request of any party, shall file a written
opinion setting forth its findings of fact and conclusions of law
in relation to the proceeding.
(5) Place the child in a planned
permanent living arrangement with a
public children services agency or private child placing agency,
if a public children services agency or private child placing
agency requests the court to place the child in a planned permanent living
arrangement and if the court
finds, by clear and convincing
evidence, that a planned permanent living
arrangement is in the best interest of
the child and that one of the following exists:
(a) The child, because of physical, mental, or
psychological problems or needs, is unable to function in a
family-like setting and must remain in residential or
institutional care.
(b) The parents of the child have significant physical,
mental, or psychological problems and are unable to care for the
child because of those problems, adoption is not in the best
interest of the child, as determined in accordance with division
(D) of section 2151.414 of the Revised Code, and the child
retains a significant and positive relationship with a parent or
relative.
(c) The child is sixteen years of age or older, has been
counseled on the permanent placement options available to the
child, is unwilling to accept or unable to adapt to a permanent placement,
and is in an agency program preparing the child for independent living.
(6) Order the removal from the child's
home until further order of the court of the person who committed
abuse as described in section 2151.031 of the Revised
Code against the child, who caused or allowed the child
to suffer neglect as described in section 2151.03 of the
Revised Code, or who is the parent, guardian,
or custodian of a child who is adjudicated a dependent child and
order any person not to have contact with the child or the
child's siblings.
(B) No order for permanent custody or temporary custody of
a child or the placement of a child in a
planned permanent living arrangement
shall be made pursuant to this section unless the complaint
alleging the abuse, neglect, or dependency contains a prayer
requesting permanent custody, temporary custody, or the placement
of the child in a planned permanent living
arrangement as desired, the summons
served on the parents of the child contains as is appropriate a
full explanation that the granting of an order for permanent
custody permanently divests them of their parental rights, a full
explanation that an adjudication that the child is an abused,
neglected, or dependent child may result in an order of temporary
custody that will cause the removal of the child from their legal
custody until the court terminates the order of temporary custody
or permanently divests the parents of their parental rights, or a
full explanation that the granting of an order for a planned permanent living
arrangement
will result in the removal of the child from their
legal custody if any of the conditions listed in divisions
(A)(5)(a) to (c) of this section are found to exist, and the
summons served on the parents contains a full explanation of
their right to be represented by counsel and to have counsel
appointed pursuant to Chapter 120. of the Revised Code if they
are indigent.
If after making disposition as authorized by division
(A)(2) of this section, a motion is filed that requests permanent
custody of the child, the court may grant permanent custody of
the child to the movant in accordance with section 2151.414 of
the Revised Code.
(C) If the court issues an order for protective
supervision pursuant to division (A)(1) of this section, the
court may place any reasonable restrictions upon the child, the
child's parents, guardian, or custodian, or any other person,
including, but not limited to, any of the following:
(1) Order a party, within forty-eight hours after the
issuance of the order, to vacate the child's home indefinitely or
for a specified period of time;
(2) Order a party, a parent of the child, or a physical
custodian of the child to prevent any particular person from
having contact with the child;
(3) Issue an order restraining or otherwise controlling
the conduct of any person which conduct would not be in the best
interest of the child.
(D) As part of its dispositional order, the court shall
journalize a case plan for the child. The journalized case plan
shall not be changed except as provided in section 2151.412 of
the Revised Code.
(E)(1) The court shall retain jurisdiction over any child
for whom the court issues an order of disposition pursuant to
division (A) of this section or pursuant to section 2151.414 or
2151.415 of the Revised Code until the child attains the age of
eighteen YEARS if the child is not mentally
retarded, developmentally disabled, or physically impaired,
the child attains the age of twenty-one YEARS if the child is mentally
retarded, developmentally disabled, or
physically impaired, or the child is adopted and a final
decree of adoption is issued, except that the court may retain
jurisdiction over the child and continue any order of disposition
under division (A) of this section or under section 2151.414 or
2151.415 of the Revised Code for a specified period of time to
enable the child to graduate from high school or vocational
school. The court shall make an entry continuing its
jurisdiction under this division in the journal.
(2) Any public children services agency, any private child
placing agency, the department of job and family
services, or any party,
other than any parent whose parental rights with respect to the
child have been terminated pursuant to an order issued under
division (A)(4) of this section, by filing a motion with the
court, may at any time request the court to modify or terminate
any order of disposition issued pursuant to division (A) of this
section or section 2151.414 or 2151.415 of the Revised Code. The
court shall hold a hearing upon the motion as if the hearing were
the original dispositional hearing and shall give all parties to
the action and the guardian ad litem notice of the hearing
pursuant to the Juvenile Rules. If applicable, the court shall comply with
section 2151.42 of the Revised Code.
(F) Any temporary custody order issued pursuant to
division (A) of this section shall terminate one year after the
earlier of the date on which the complaint in the case was filed
or the child was first placed into shelter care, except that,
upon the filing of a motion pursuant to section 2151.415 of the
Revised Code, the temporary custody order shall continue and not
terminate until the court issues a dispositional order under that
section.
(G)(1) No later than one year after the earlier of the date the
complaint in the case was filed or the child was first placed in shelter care,
a party may ask the court to extend an order for protective supervision for
six months or to terminate the order. A party requesting extension or
termination of the order shall file a written request for the extension or
termination with the court and give notice of the proposed extension or
termination in writing before the end of the day after the day of filing it to
all parties and the child's guardian ad litem. If a public children services
agency or private child placing agency requests termination of the order, the
agency shall file a written status report setting out the facts supporting
termination of the order at the time it files the request with the court. If
no party requests extension or termination of the order, the court shall
notify the parties that the court will extend the order for six months or
terminate it and that it may do so without a hearing unless one of the parties
requests a hearing. All parties and the guardian ad litem shall have seven
days from the date a notice is sent pursuant to this division to object to and
request a hearing on the proposed extension or termination.
(a) If it receives a timely request for a hearing, the court
shall schedule a hearing to be held no later than thirty days after the
request is received by the court. The court shall give notice of the date,
time, and location of the hearing to all parties and the guardian ad litem.
At the hearing, the court shall determine whether extension or termination of
the order is in the child's best interest. If termination is in the child's
best interest, the court shall terminate the order. If extension is in the
child's best interest, the court shall extend the order for six months.
(b) If it does not receive a timely request for a hearing, the
court may extend the order for six months or terminate it without a hearing
and shall journalize the order of extension or termination not later than
fourteen days after receiving the request for extension or termination or
after the date the court notifies the parties that it will extend or terminate
the order. If the court does not extend or terminate the order, it shall
schedule a hearing to be held no later than thirty days after the expiration
of the applicable fourteen-day time period and give notice of the date, time,
and location of the hearing to all parties and the child's guardian ad litem.
At the hearing, the court shall determine whether extension or termination of
the order is in the child's best interest. If termination is in the child's
best interest, the court shall terminate the order. If extension is in the
child's best interest, the court shall issue an order extending the order for
protective supervision six months.
(2) If the court grants an extension of the order for protective
supervision pursuant to division (G)(1) of this section, a party may,
prior to termination of the extension, file with the court a request for an
additional extension of six months or for termination of the order. The court
and the parties shall comply with division (G)(1) of this section
with respect to extending or terminating the order.
(3) If a court grants an extension pursuant to division (G)(2) of
this section, the court shall terminate the order for protective supervision
at the end of the extension.
(H) The court shall not issue a dispositional order
pursuant to division (A) of this section that removes a child
from the child's home unless the court complies with section 2151.419 of
the
Revised Code and includes in
the dispositional order the findings of
fact required by that section.
(I) If a motion or application for an order
described in division (A)(6) of this section is made,
the court shall not issue the order unless, prior to the issuance
of the order, it provides to the person all of the following:
(1) Notice and a copy of the motion or application;
(2) The grounds for the motion or application;
(3) An opportunity to present evidence and witnesses at a
hearing regarding the motion or application;
(4) An opportunity to be represented by counsel at the
hearing.
(J) The jurisdiction of the court
shall terminate one year after the date of the award or, if the
court takes any further action in the matter subsequent to the
award, the date of the latest further action subsequent to the
award, if the court awards legal custody of a child to either of the
following:
(1) A legal custodian who, at the time of the award of legal custody, resides
in a county of this state other than the county in which the court is located;
(2) A legal custodian who resides in the county in which the court is located
at the time of the award of legal custody, but moves to a different county of
this state prior to one year after the date of the award or, if the court
takes any further action in the matter subsequent to the award, one year after
the date of the latest further action subsequent to the award.
The court in the county in which the legal custodian resides then shall have
jurisdiction in the matter.
Sec. 2151.411. (A) A parent of a child whose marriage to the other parent
of the child has not been terminated by divorce, dissolution of marriage, or
annulment, a parent who has parental rights and responsibilities for the care
of a child and is the residential parent and legal custodian of the child, a
guardian who has custody of a child, or any other custodian of a child is
charged with
the control of the child and shall have the power to exercise
parental control and authority over the child.
(B) If a child is adjudicated a delinquent child and
placed on probation, if a parent of the child whose marriage to the other
parent of the child has not been terminated by divorce, dissolution of
marriage, or annulment or the parent who has parental rights and
responsibilities for the care of the child and is the residential
parent and legal custodian of the child was notified prior to the
adjudication hearing of the provisions of this division and of
the possibility that the provisions may be applied to the parent,
and if the court finds at the hearing that the parent has failed
or neglected to subject the child to reasonable parental control
and authority and that that parent's failure or neglect is the
proximate cause of the act or acts of the child upon which the
delinquent child adjudication is based, the court may require
that parent to enter into a recognizance with sufficient surety,
in an amount of not more than five hundred dollars, conditioned
upon the faithful discharge of the conditions of probation of the
child. If the child then commits a second act and is adjudicated
a delinquent child for the commission of the second act or
violates the conditions of probation and if the court finds at
the hearing that the failure or neglect of a parent of the child whose
marriage to the other parent of the child has not been terminated by divorce,
dissolution of marriage, or annulment or the parent who has
parental rights and responsibilities for the care of the child
and is the residential parent and legal custodian of the child to
subject the child to reasonable parental control and authority or
faithfully to discharge the conditions of probation of the child
on the part of that parent is the proximate cause of the act or
acts of the child upon which the second delinquent child
adjudication is based or upon which the child is found to have
violated the conditions of the child's probation, the court
may declare
all or a part of the recognizance forfeited. The proceeds of the
forfeited recognizance shall be used to pay any damages caused by
the child, and the proceeds of the forfeited recognizance
remaining after the payment of any damages shall be paid into the
county treasury.
(C)(1) If a child is adjudicated a delinquent child, the court may issue an
order requiring either parent or both parents of the child whose marriage to
the other parent of the child has not been terminated by divorce, dissolution
of marriage, or annulment, the parent who has parental rights and
responsibilities for the care of the child and is the residential parent and
legal custodian of the child, or the guardian or other custodian of the child
to exercise appropriate and necessary control and authority over the child to
ensure that the child complies with the terms and conditions of probation
imposed upon the
child, treatment or testing that the child is required to
take part in, and the terms of any other order of disposition
that the court imposed upon the child pursuant to section
2151.355 of the Revised Code. The court shall give a copy of the
order to the child and to the parent, guardian, or custodian who
is the subject of the order and shall notify that parent,
guardian, or custodian that a willful failure to comply with the
order is contempt of court. If the court determines that any
parent, guardian, or custodian willfully has failed to comply
with an order issued pursuant to division (C)(1) of this section, it may
punish the parent, guardian, or custodian for contempt of court or take other
action that it determines is necessary to ensure that the child will comply
with the terms and conditions of the order of disposition made pursuant to
section 2151.355 of
the Revised Code.
(2)(a) If a child is adjudicated a delinquent child and is granted probation
under division (A)(2) of section 2151.355 of the Revised Code, the court that
places the child on probation shall provide the written notice described in
division (C)(2)(b) of this section to the following individuals:
(i) To each parent of the child whose marriage to the other parent of the
child has not been terminated by divorce, dissolution of marriage, or
annulment;
(ii) To the parent of the child who has parental rights and responsibilities
for the care of the child and who is the
residential parent and legal custodian of the child
and, if the court knows or is able to determine through the exercise of
reasonable diligence the identity and residence address of the
parent of the child who does not have parental rights and responsibilities
for the care of the child and who is not the residential parent and legal
custodian of the child, to that parent;
(iii) To the guardian who has custody of the child;
(iv) To the other custodian of the child.
(b) The court that places the child on probation shall provide the
appropriate individuals described in division (C)(2)(a) of this section
with a written notice that informs them that authorized probation officers who
are engaged within the scope of their supervisory duties or responsibilities
may conduct searches as described in division (L) of
section 2151.355 of the
Revised Code during the period of probation if they have reasonable grounds to
believe that the child is not abiding by the law or otherwise is not complying
with the conditions of the child's probation. The notice shall specifically
state that a permissible search might extend to a motor vehicle, another item
of tangible or intangible personal property, or a place of residence or other
real property in which a notified parent, guardian, or custodian has a right,
title, or interest and that the parent, guardian, or custodian expressly or
impliedly permits the child to use, occupy, or possess.
(D) The provisions of this section dealing with the
failure or neglect of parents to subject a child to reasonable
parental control and authority are in addition to and not in
substitution for any other provision of this chapter dealing with
the failure or neglect of a person to exercise parental control
or authority over a child. The provisions of division (B) of
this section do not apply to foster parents CAREGIVERS.
Sec. 2151.414. (A)(1) Upon the filing of a motion pursuant
to section 2151.413 of the Revised Code for permanent custody of
a child, the court
shall schedule a hearing and give notice of the filing of the
motion and of the hearing, in accordance with section 2151.29 of
the Revised Code, to all parties to the action and to the child's
guardian ad litem. The notice also shall contain a full
explanation that the granting of permanent custody permanently
divests the parents of their parental rights, a full explanation
of their right to be represented by counsel and to have counsel
appointed pursuant to Chapter 120. of the Revised Code if they
are indigent, and the name and telephone number of the court
employee designated by the court pursuant to section 2151.314 of
the Revised Code to arrange for the prompt appointment of counsel
for indigent persons.
The court shall conduct a hearing in
accordance with section 2151.35 of the Revised Code to determine
if it is in the best interest of the child to permanently
terminate parental rights and grant permanent custody to the
agency that filed the motion. The adjudication that the child is
an abused, neglected, or dependent child and any dispositional order that has
been issued in
the case under section 2151.353 of the Revised Code pursuant to the
adjudication
shall not be readjudicated at the hearing and shall
not be affected by a
denial of the motion for permanent custody.
(2) The court shall hold the hearing scheduled
pursuant to division (A)(1) of this section not later
than one hundred twenty days after the agency files the motion for permanent
custody, except that, for good cause shown, the court may
continue the hearing for a reasonable period of time beyond the
one-hundred-twenty-day deadline. The court shall issue an
order that grants, denies, or otherwise disposes of the motion
for permanent custody, and journalize the order, not later than two hundred
days after the agency files the motion.
If a motion is made under division
(D)(2) of section 2151.413 of
the Revised
Code and no dispositional
hearing has been held in the case, the court may hear the motion
in the dispositional hearing required by
division (B) of section
2151.35 of the Revised
Code. If the court issues an
order pursuant to section 2151.353 of the
Revised
Code granting permanent custody
of the child to the agency, the court shall immediately dismiss
the motion made under division
(D)(2) of section 2151.413 of
the Revised
Code.
The failure of the court to comply with the time periods set
forth in division (A)(2) of this section does not affect
the authority of the court to issue any order under this chapter
and does not provide any basis for attacking the jurisdiction of
the court or the validity of any order of the court.
(B)(1) Except as provided in division
(B)(2) of this section, the court may grant permanent custody of
a child to a
movant if the court determines at the hearing held pursuant to
division (A) of this section, by clear and convincing evidence,
that it is in the best interest of the child to grant permanent
custody of the child to the agency that filed the motion for
permanent custody and that any of the following apply:
(a) The child is not abandoned or orphaned or has not
been in the
temporary custody of one or more public children services
agencies or private child
placing agencies for
twelve or more months
of
a consecutive
twenty-two month
period ending on or after
March 18, 1999, and
the child
cannot be placed with either of the child's parents within a
reasonable time or should not be placed with the child's
parents.
(b) The child is abandoned.
(c) The child is orphaned, and there are no
relatives of
the child who are able to take permanent custody.
(d) The child has been in the temporary custody of one or
more public
children services agencies or private child placing
agencies for twelve
or more
months of a consecutive twenty-two month period ending on or after
March 18, 1999.
For the purposes of division (B)(1) of this section, a child shall
be considered to have entered the temporary custody of an agency on the
earlier of the date the child is adjudicated pursuant to
section 2151.28 of the Revised Code or the date that is
sixty days after the removal of the child from home.
(2) With respect to a motion made pursuant to division
(D)(2) of section 2151.413 of
the Revised
Code, the court shall grant
permanent custody of the child to the movant if the court
determines in accordance with division
(E) of this section that the
child cannot be placed with one of the child's parents within a
reasonable time or should not be placed with either parent and
determines in accordance with division
(D) of this section that
permanent custody is in the child's best interest.
(C) In making the determinations required by this section
or division (A)(4) of section 2151.353 of the Revised Code, a
court shall not consider the effect the granting of permanent
custody to the agency would have upon any parent of the child. A
written report of the guardian ad litem of the child shall be
submitted to the court prior to or at the time of the hearing
held pursuant to division (A) of this section or section 2151.35
of the Revised Code but shall not be submitted under oath.
If the court grants permanent custody of a child to a
movant under this division, the court, upon the request of any
party, shall file a written opinion setting forth its findings of
fact and conclusions of law in relation to the proceeding. The
court shall not deny an agency's motion for permanent custody
solely because the agency failed to implement any particular
aspect of the child's case plan.
(D) In determining the best interest of a child at a
hearing held pursuant to division (A) of this section or for the
purposes of division (A)(4) or (5) of section 2151.353 or
division
(C) of section 2151.415 of the
Revised Code, the court shall consider all
relevant factors, including, but not limited to, the following:
(1) The interaction and interrelationship of the child
with the child's parents, siblings, relatives, foster parents
CAREGIVERS and
out-of-home providers, and any other person who may significantly
affect the child;
(2) The wishes of the child, as expressed directly by the
child or through the child's guardian ad litem, with due
regard for the maturity of the child;
(3) The custodial history of the child, including whether the child
has been in the temporary custody of one or more public
children services agencies or
private child placing
agencies for twelve
or
more months of a
consecutive
twenty-two month period ending on or after March 18,
1999;
(4) The child's need for a legally secure permanent
placement and whether that type of placement can be achieved
without a grant of permanent custody to the agency;
(5) Whether any of the factors in divisions (E)(7) to
(11) of
this
section apply in relation to the parents and child.
For the purposes of this division, a child shall be considered to
have entered the temporary custody of an agency on the earlier of the
date the child is adjudicated pursuant to section 2151.28 of the
Revised
Code or the date that is sixty days after the removal of the child
from home.
(E) In determining at a hearing held pursuant to division
(A) of this section or for the purposes of division (A)(4) of
section 2151.353 of the Revised Code whether a child cannot be
placed with either parent within a
reasonable period of time or should not be placed with the
parents, the court shall consider all relevant evidence. If the court
determines, by
clear and convincing evidence, at a hearing held pursuant to
division (A) of this section or for the purposes of division
(A)(4) of section 2151.353 of the Revised Code that one or more of the
following exist as to each of the child's parents, the court shall enter a
finding that the child cannot be placed with either parent within a
reasonable time or should not be placed with either
parent:
(1) Following the placement of the child outside the child's home
and notwithstanding reasonable case planning and diligent efforts
by the agency to assist the parents to remedy the problems that
initially caused the child to be placed outside the home, the
parent has failed continuously and repeatedly to substantially remedy the
conditions causing the child to be placed outside the child's home. In
determining whether the
parents have substantially remedied those conditions, the court
shall consider parental utilization of medical, psychiatric,
psychological, and other social and rehabilitative services and
material resources that were made available to the parents for
the purpose of changing parental conduct to allow them to resume
and maintain parental duties.
(2) Chronic mental illness, chronic emotional illness, mental retardation,
physical disability, or chemical dependency of the parent that is so severe
that it makes the parent unable to provide an adequate permanent home for
the child at the present time and,
as anticipated, within one year after the court holds the hearing pursuant
to division (A) of this section or for the purposes of division
(A)(4) of section 2151.353 of the Revised Code;
(3) The parent committed any abuse as described in section
2151.031 of the Revised Code against the child, caused the child
to suffer any neglect as described in section 2151.03 of the
Revised Code, or allowed the child to suffer any neglect as
described in section 2151.03 of the Revised Code between the date
that the original complaint alleging abuse or neglect was filed
and the date of the filing of the motion for permanent custody;
(4) The parent has demonstrated a lack of commitment
toward the child by failing to regularly support, visit, or
communicate with the child when able to do so, or by other
actions showing an unwillingness to provide an adequate permanent
home for the child;
(5) The parent is incarcerated for an offense committed
against the child or a sibling of the child;
(6) The parent has been convicted of or pleaded guilty to
an offense under division (A) or (C) of section 2919.22
or under section 2903.16,
2903.21, 2903.34, 2905.01, 2905.02, 2905.03, 2905.04, 2905.05,
2907.07, 2907.08,
2907.09, 2907.12, 2907.21,
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,
2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.24, 2919.25,
2923.12, 2923.13, 2923.161, 2925.02, or 3716.11 of the
Revised Code and the child or a sibling of the child was a
victim of the offense or the parent
has been convicted of or pleaded guilty to an offense under section
2903.04 of the Revised Code, a sibling of the
child was the victim of the offense, and the parent
who committed the
offense poses an ongoing danger to the child or a
sibling of the child.
(7) The parent has
been convicted of or pleaded guilty to one of the
following:
(a) An offense under section 2903.01, 2903.02, or
2903.03 of the Revised
Code or under an existing or
former law of this state, any other state, or the
United
States that is substantially
equivalent to an offense described in those sections and the
victim of the offense was a sibling of the child or the victim was another
child who lived in the parent's household at the time of the offense;
(b) An offense under section 2903.11, 2903.12, or
2903.13 of the Revised
Code or under an existing or
former law of this state, any other state, or the
United States that is substantially
equivalent to an offense described in those sections and the
victim of the offense is the child, a sibling of the
child, or another child who lived in the parent's household at the time of the
offense;
(c) An offense under division (B)(2) of section
2919.22 of the
Revised Code or under an existing or
former law of this state, any other state, or the
United States that is substantially
equivalent to the offense described in that section and the
child, a sibling of the child, or another child who lived in the parent's
household at the time of the
offense is the victim of the offense;
(d) An offense under section 2907.02, 2907.03,
2907.04, 2907.05, or 2907.06 of the
Revised Code or under an existing or
former law of this state, any other state, or the
United States that is substantially
equivalent to an offense described in those sections and the
victim of the offense is the child, a sibling of the
child, or another child who lived in the parent's household at the time of the
offense;
(e) A conspiracy or attempt to commit, or
complicity in committing, an offense described in
division (E)(7)(a) or (d)
of this
section.
(8) The parent has
repeatedly withheld medical treatment or food from the child
when the parent has the means to provide the treatment or food, and, in the
case of withheld medical treatment, the parent withheld it for a purpose other
than
to treat
the physical or mental illness or defect of the child by
spiritual means through prayer alone in accordance with the
tenets of a recognized religious body.
(9) The parent has
placed the child at substantial risk of harm two or more times due to
alcohol or drug abuse and has rejected treatment two or more times or
refused to participate in further treatment two or more times after a
case plan issued pursuant to section 2151.412 of the Revised Code requiring treatment of
the parent was journalized as part of a dispositional order issued with
respect to the child or an order was issued by any other court requiring
treatment of the parent.
(10) The parent has abandoned the
child.
(11) The parent has had parental
rights involuntarily terminated pursuant to THIS SECTION OR section
2151.353, 2151.414,
or 2151.415 of the Revised Code
with respect to a sibling of the child.
(12) The parent is incarcerated at the time of the filing
of the motion for permanent custody or the dispositional hearing
of the child and will not be available to care for the child for
at least eighteen months after the filing of the motion for
permanent custody or the dispositional hearing.
(13) The parent is repeatedly incarcerated, and
the
repeated
incarceration prevents the parent from providing care for the
child.
(14) The parent for any reason is unwilling to provide
food, clothing, shelter, and other basic necessities for the
child or to prevent the child from suffering physical, emotional,
or sexual abuse or physical, emotional, or mental neglect.
(15) The parent has committed abuse as described in
section 2151.031 of the Revised Code against the child or
caused or allowed the child to suffer neglect as described in section 2151.03
of the Revised Code, and the court determines that the
seriousness, nature, or likelihood of recurrence of the abuse or neglect makes
the child's placement with the child's parent a threat to the child's
safety.
(16) Any other factor the court considers relevant.
(F) The parents of a child for whom the court has issued
an order granting permanent custody pursuant to this section,
upon the issuance of the order, cease to be parties to the
action. This division is not intended to eliminate or restrict
any right of the parents to appeal the granting of permanent
custody of their child to a movant pursuant to this section.
Sec. 2151.418. Any CERTIFIED foster home or family foster
home shall be considered to
be a residential use of property for purposes of municipal, county, and
township zoning and shall be a permitted use in all zoning districts in which
residential uses are permitted. No municipal, county, or township zoning
regulation shall require a conditional permit or any other special exception
certification for any CERTIFIED foster home or family foster
home.
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 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) 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 department of job and family 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
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),
(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, ON THE REQUEST OF THE CHILD FATALITY REVIEW
BOARD,
SHALL SUBMIT A SUMMARY SHEET OF INFORMATION PROVIDING A SUMMARY OF THE
REPORT TO THE REVIEW BOARD OF THE COUNTY IN WHICH THE DECEASED
CHILD RESIDED AT THE TIME OF DEATH. ON THE REQUEST OF THE REVIEW
BOARD, THE AGENCY OR PEACE OFFICER MAY, AT ITS DISCRETION, MAKE
THE REPORT AVAILABLE TO THE REVIEW BOARD.
(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 IN WRITING
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
job and family services, the county department of
job and family 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
nonemergency 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 director of job and
family services shall
adopt rules in accordance
with Chapter 119. of the Revised Code to
implement this section. The department of job and family services 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. 2151.424. (A) If a child has been placed in
a CERTIFIED foster home or is in the custody of a relative of the
child,
other than a parent of the child, a court, prior to conducting
any hearing pursuant to division
(E)(2) or (3) of section
2151.412 or section 2151.28, 2151.33, 2151.35, 2151.414,
2151.415, 2151.416, or 2151.417 of the
Revised
Code with respect to the child,
shall notify the foster caregiver or relative of the date, time,
and place of the hearing. At the hearing, the foster caregiver
or relative may present evidence.
(B) If a public children
services agency or private child placing agency has permanent
custody of a child and a petition to adopt the child has been
filed under Chapter 3107. of the
Revised
Code, the agency, prior to
conducting a review under section 2151.416 of the
Revised
Code, or a court, prior to
conducting a hearing under division
(E)(2) or (3) of section
2151.412 or section 2151.416 or 2151.417 of the
Revised
Code, shall notify the
prospective adoptive parent of the date, time, and place of the
review or hearing. At the review or hearing, the prospective adoptive parent
may
present evidence.
(C) The notice and the
opportunity to present evidence do not make the foster
caregiver, relative, or prospective adoptive parent a party in
the action or proceeding pursuant to which the
review or hearing is conducted.
Sec. 2151.55. When a private or governmental entity intends to
place a child in a CERTIFIED foster home in a county other than the
county in
which the child resided at the time of being removed from home, a
representative of the placing entity shall orally communicate the
intended placement to the foster caregiver with whom the child is
to be placed and, if the child will attend the schools of the
district in which the CERTIFIED foster home is located, a
representative of
the school district's board of education.
Sec. 2151.554. When a private or governmental entity places a
child who has been adjudicated to be an unruly or delinquent child
in a CERTIFIED foster home in a county other than the county in which
the child resided
at the time of being
removed from home, the placing entity shall provide the following information
in writing to the
juvenile court of the county in which the CERTIFIED foster home is
located:
(A) The information listed in divisions (B)(2) to (4) of
section
2151.551 of the Revised Code;
(B) A brief description of the facts supporting the adjudication
that the child is unruly or delinquent;
(C) The name and address of the foster caregiver;
(D) Safety and well-being concerns with respect to the child and
community.
Sec. 2151.62. (A) This section applies only to a child who is or
previously has been adjudicated a delinquent child for an act to which any of
the following applies:
(1) It is a violation of section 2903.01, 2903.02, 2903.03, 2903.04,
2903.11, 2903.12, 2903.13, 2907.02, 2907.03, or 2907.05 of the Revised Code;
(2) It is a violation of section 2923.01 of the
Revised Code and involved an attempt to
commit aggravated murder or murder;
(3) It would be a felony if committed by an adult and the
court determined that the child, if an adult, would be guilty of
a specification found in section 2941.141, 2941.144, or 2941.145
of the Revised Code or in another section of the
Revised Code that relates to the possession or use of a
firearm, as defined in section 2923.11 of the Revised Code,
during the commission of the act for which the child was adjudicated a
delinquent child.
(B)(1) Except as provided in division (E) of this
section,
a public children services agency, private child placing
agency, private noncustodial agency, or court, the department of youth
services, or another private or government entity shall not place a child in a
CERTIFIED foster home until it provides the foster caregivers with all
of the
following:
(a) A written report describing the child's social history;
(b) A written report describing all the acts committed by the
child
the entity knows of that
resulted in the child being adjudicated a delinquent child and
the disposition made by the court, unless the records pertaining
to the acts have been sealed pursuant to section 2151.358 of the
Revised Code;
(c) A written report describing any other violent act committed
by the
child of which the entity is aware;
(d) The substantial and material conclusions and recommendations
of any
psychiatric or psychological examination conducted
on the child or, if no psychological or psychiatric examination of the child
is available, the substantial and material conclusions and recommendations of
an examination to detect mental and emotional disorders conducted in
compliance with the requirements of Chapter 4757. of the Revised Code by an
independent social worker, social worker, professional clinical counselor, or
professional counselor licensed under that chapter. The entity shall not
provide any part of a psychological, psychiatric, or mental and emotional
disorder examination to the foster caregivers other than the substantial and
material conclusions.
(2) Notwithstanding section 2151.358 of the Revised
Code, if records of an adjudication that a child is a delinquent
child have been sealed pursuant to that section and an entity knows the
records have been sealed, the entity shall provide the foster caregivers a
written statement that the records of a prior adjudication have been sealed.
(C) The entity that places
the child in a CERTIFIED foster home shall conduct a psychological
examination of the
child, except that the entity is not required to conduct the examination if
such an examination was conducted no more than one year prior to the child's
placement. No later than sixty days after placing the child, the entity shall
provide the foster
caregiver a written report detailing the substantial and material conclusions
and recommendations of the examination conducted
pursuant to this division.
(D)(1) Except as provided in divisions (D)(2) and (3) of
this
section, the expenses of conducting the examinations and preparing the reports
and assessment required by division (B) or (C) of this
section shall be paid by the entity that places the child in the
CERTIFIED foster home.
(2) When a juvenile court grants temporary or permanent custody of a child
pursuant to any section of the Revised Code, including section 2151.33,
2151.353, 2151.354,
or 2151.355 of the Revised Code, to a public children services agency or
private
child placing agency, the
court shall provide the agency the information described in division
(B) of this
section, pay the expenses of preparing that information, and, if a new
examination is required to be conducted, pay the expenses of
conducting the examination described in division (C) of this section.
On receipt of the information described in division (B) of this
section, the agency shall provide to the court written acknowledgment that the
agency received the information. The court shall keep the acknowledgment and
provide a copy to the agency. On the motion of the agency, the court may
terminate the order granting
temporary or permanent custody of the child to that agency, if the court does
not provide the information described in division (B) of this
section.
(3) If one of the following entities is placing a child in a CERTIFIED
foster home
with the assistance of or by contracting with a public children services
agency, private child placing agency, or a private noncustodial agency, the
entity shall provide the agency with the information described in division
(B) of this section, pay the expenses of preparing that information,
and, if a new examination is required to be conducted, pay the expenses of
conducting the examination described in division (C) of this
section:
(a) The department of youth services if the placement is pursuant
to any section of the Revised Code including section 2151.38, 5139.06,
5139.07, 5139.38, or
5139.39 of the Revised Code;
(b) A juvenile court with temporary or permanent custody of a
child pursuant to section 2151.354 or 2151.355 of the Revised Code;
(c) A public children services agency or private child placing
agency with temporary or permanent custody of the child.
The agency receiving the information described in division (B) of
this section shall provide the entity
described in division (D)(3)(a) to (c)
of this section that sent the information written acknowledgment that the
agency received
the information and provided it to the foster caregivers. The entity shall
keep the acknowledgment and provide a copy
to the agency. An entity that
places a child in a CERTIFIED foster home with the assistance of or by
contracting with an agency remains responsible to provide the
information described in division
(B) of this section to the
foster caregivers unless the entity receives written
acknowledgment that the agency provided the information.
(E) If a child is placed
in a CERTIFIED foster home as a result of an emergency removal of the
child from home pursuant to division
(D) of section 2151.31 of the
Revised Code, an emergency change in
the child's case plan pursuant to division
(E)(3) of section 2151.412 of
the Revised Code, or an emergency placement by the
department of youth services pursuant to this chapter or Chapter
5139. of the Revised Code, the entity that places the child
in the CERTIFIED foster
home shall provide the information described in division
(B) of this section no later
than ninety-six hours after the child is placed in the CERTIFIED foster
home.
(F) On receipt of the information described in divisions
(B) and (C) of this section, the foster caregiver shall
provide to the entity that places the child in the foster caregiver's home a
written acknowledgment that the foster caregiver received the information.
The
entity shall keep the acknowledgment and provide a copy to the foster
caregiver.
(G) No person employed by an entity subject to this section
and made responsible by that entity for the child's placement in a
CERTIFIED foster home
shall
fail to provide the foster caregivers with the information
required by divisions (B) and
(C) of this section.
(H) It is not a violation of any duty of
confidentiality provided for in the
Revised
Code or a code of professional
responsibility for a person or government entity to provide the
substantial and material conclusions and recommendations of a
psychiatric or psychological examination, or an examination to
detect mental and emotional disorders, in accordance with
division (B)(1)(d) or
(C) of this section.
Sec. 2151.86. (A)(1) The appointing or hiring officer of
any entity that APPOINTS OR employs any person responsible for a
child's care
in out-of-home care shall request the superintendent of the
bureau of criminal identification and investigation BCII to
conduct a
criminal records check with respect to any applicant PERSON who
has
applied to the entity IS UNDER FINAL CONSIDERATION for
APPOINTMENT OR employment as a person responsible for
a child's care in out-of-home care. The
(2) THE administrative director
of any entity that designates a person as AN AGENCY, OR ATTORNEY,
WHO ARRANGES AN ADOPTION FOR a prospective adoptive
parent or as a prospective foster parent shall request the
superintendent OF BCII to conduct a criminal records check
with respect
to that person. If the applicant, prospective adoptive parent,
or prospective foster parent.
(3) BEFORE A RECOMMENDING AGENCY SUBMITS A RECOMMENDATION TO THE
DEPARTMENT
OF JOB AND FAMILY SERVICES ON WHETHER THE DEPARTMENT SHOULD
ISSUE A CERTIFICATE TO A FOSTER
HOME UNDER SECTION 5103.03 of the Revised Code, THE ADMINISTRATIVE DIRECTOR OF THE AGENCY
SHALL REQUEST THAT THE
SUPERINTENDENT OF BCII CONDUCT A CRIMINAL RECORDS CHECK WITH RESPECT
TO THE PROSPECTIVE FOSTER CAREGIVER AND ALL OTHER PERSONS TWELVE YEARS OF AGE
OR
OLDER WHO RESIDE WITH THE
FOSTER CAREGIVER.
(B) IF A PERSON SUBJECT TO A CRIMINAL RECORDS CHECK
does not present proof that the applicant or
prospective adoptive or foster parent PERSON has been a resident of
this state for
the five-year period
immediately prior to the date upon which the criminal records
check is requested or does not provide evidence that within that
five-year period the superintendent OF BCII has requested
information
about the applicant or prospective adoptive or foster parent
PERSON from the federal
bureau of investigation in a criminal
records check, the appointing or hiring officer or,
administrative
director, OR ATTORNEY shall request that the superintendent
OF BCII obtain information
from the federal bureau of investigation as a part of the
criminal records check. If the applicant, prospective adoptive
parent, or prospective foster parent PERSON SUBJECT TO THE CRIMINAL
RECORDS CHECK presents proof that the applicant or
prospective adoptive or foster parent PERSON has been a resident of
this state for
that five-year period, the
appointing or hiring officer, DIRECTOR, or
administrator ATTORNEY may request that
the superintendent OF BCII include information from the
federal bureau of
investigation in the criminal records check.
(2) Any person AN APPOINTING OR HIRING OFFICER, ADMINISTRATIVE
DIRECTOR, OR ATTORNEY required by division (A)(1) of this section
to request a criminal records check shall provide to each
applicant, prospective adoptive parent, or prospective foster
parent PERSON SUBJECT TO A CRIMINAL RECORDS CHECK a copy of the
form prescribed pursuant to division (C)(1)
of section 109.572 of the Revised Code and a standard impression
sheet to obtain fingerprint impressions prescribed pursuant to
division (C)(2) of section 109.572 of the Revised Code, obtain
the completed form and impression sheet from each applicant,
prospective adoptive parent, or prospective foster parent THE
PERSON, and
forward the completed form and impression sheet to the
superintendent of the bureau of criminal identification and
investigation BCII at the time the person requests a
criminal records
check pursuant to division (A)(1) of this section IS REQUESTED.
(3) Any applicant, prospective adoptive parent, or
prospective foster parent PERSON SUBJECT TO A CRIMINAL RECORDS
CHECK who receives pursuant to THIS division
(A)(2) of this section a copy of the form prescribed pursuant to
division (C)(1) of section 109.572 of the Revised Code and a copy
of an impression sheet prescribed pursuant to division (C)(2) of
that section and who is requested to complete the form and
provide a set of fingerprint impressions shall complete the form
or provide all the information necessary to complete the form and
shall provide the impression sheet with the impressions of the applicant's
or
prospective adoptive or foster parent's PERSON'S fingerprints. If
an applicant,
prospective adoptive parent, or
prospective foster parent A PERSON SUBJECT TO A CRIMINAL RECORDS
CHECK, upon request, fails to provide the
information necessary to complete the form or fails to provide
impressions of the applicant's or prospective adoptive or foster
parent's PERSON'S
fingerprints, the entity APPOINTING OR HIRING OFFICER shall not
APPOINT OR employ that applicant for any position
for which a criminal records check is
required by division (A)(1) of this section
THE PERSON AS A PERSON
RESPONSIBLE FOR A CHILD'S CARE IN OUT-OF-HOME CARE, A PROBATE COURT MAY NOT
ISSUE A FINAL DECREE OF ADOPTION OR AN INTERLOCUTORY ORDER OF ADOPTION MAKING
THE PERSON AN ADOPTIVE PARENT,
and THE DEPARTMENT OF JOB AND FAMILY SERVICES shall not consider the
prospective adoptive parent or ISSUE A CERTIFICATE AUTHORIZING THE
prospective
foster parent as an adoptive parent or CAREGIVER TO OPERATE A
foster
parent HOME.
(B)(C)(1) No entity APPOINTING OR HIRING
OFFICER shall APPOINT OR employ a person as a person
responsible for a child's care in out-of-home care or permit a
person to become an adoptive parent or foster
AND NO PROBATE COURT
SHALL
ISSUE A FINAL DECREE OF ADOPTION OR AN INTERLOCUTORY ORDER OF ADOPTION MAKING
A PERSON AN ADOPTIVE
parent if the
person previously has been convicted of or pleaded guilty to any
of the following, unless the person meets rehabilitation standards
established in rules adopted under division (E)(F) of this
section:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21,
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of
section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a
violation of section 2919.23 of the Revised Code that would have been a
violation of section 2905.04 of the Revised Code as it existed prior to July
1, 1996, had the violation been committed prior to that date, a
violation of section 2925.11 of the Revised Code that is not a minor drug
possession offense, or felonious sexual penetration in violation of former
section 2907.12 of the Revised Code;
(b) A violation of an existing or former law of this state, any other
state, or the United States that is substantially equivalent to
any of the offenses described in division (B)(C)(1)(a) of this
section.
(2) An
THE DEPARTMENT OF JOB AND FAMILY SERVICES SHALL NOT ISSUE A
CERTIFICATE UNDER SECTION 5103.03 of the Revised Code AUTHORIZING A PROSPECTIVE FOSTER
CAREGIVER TO OPERATE A FOSTER
HOME IF THE DEPARTMENT HAS BEEN NOTIFIED THAT THE FOSTER CAREGIVER OR ANY
PERSON
EIGHTEEN YEARS OF AGE OR OLDER WHO RESIDES WITH THE FOSTER CAREGIVER HAS BEEN
CONVICTED OF OR PLEADED GUILTY TO A VIOLATION OF ONE OF THE FOLLOWING
OFFENSES,
UNLESS THE FOSTER CAREGIVER OR OTHER PERSON MEETS
REHABILITATION STANDARDS ESTABLISHED IN RULES ADOPTED UNDER DIVISION
(F) OF THIS SECTION:
(a) ANY OFFENSE LISTED IN DIVISION
(C)(1)(a) OF THIS SECTION OR SECTION 2909.02 OR
2909.03 OF THE REVISED CODE;
(b) AN EXISTING OR FORMER LAW OF THIS STATE, ANY OTHER STATE, OR
THE UNITED STATES THAT IS SUBSTANTIALLY EQUIVALENT TO ANY
OFFENSE LISTED IN DIVISION (C)(1)(a) OF THIS SECTION
OR SECTION 2909.02 OR 2909.03 OF THE REVISED CODE.
(3) THE DEPARTMENT OF JOB AND FAMILY SERVICES MAY DENY A FOSTER HOME
CERTIFICATE ON THE GROUNDS THAT A PERSON AT LEAST TWELVE YEARS OF AGE BUT LESS
THAN EIGHTEEN YEARS OF AGE RESIDING
WITH THE PROSPECTIVE FOSTER CAREGIVER HAS BEEN CONVICTED OF OR PLEADED GUILTY
TO
AN OFFENSE DESCRIBED IN DIVISION (C)(2)(a) OR
(b) OF THIS SECTION OR HAS BEEN
ADJUDICATED TO BE A DELINQUENT CHILD FOR COMMITTING AN ACT THAT IF COMMITTED
BY AN ADULT WOULD HAVE BEEN A VIOLATION OF:
(a) SECTION 2903.01, 2903.02, 2903.11, 2903.12, 2903.13,
2907.02, 2907.03, 2907.05, 2907.06, 2909.02, OR 2909.03 OF THE
REVISED CODE;
(b) AN EXISTING OR FORMER LAW OF THIS STATE, ANY OTHER STATE, OR
THE UNITED STATES THAT IS SUBSTANTIALLY EQUIVALENT TO ANY OF
THE OFFENSES LISTED IN DIVISION (C)(3)(a)
OF THIS SECTION.
(4) THE APPOINTING OR HIRING OFFICER MAY APPOINT OR EMPLOY A
PERSON AS A PERSON RESPONSIBLE FOR A CHILD'S CARE IN
out-of-home care entity may employ an applicant
conditionally until the criminal records check required by this
section is completed and the entity OFFICER receives the results
of the
criminal records check. If the results of the criminal records
check indicate that, pursuant to division (B)(C)(1) of this
section,
the applicant PERSON SUBJECT TO THE CRIMINAL RECORDS CHECK does
not qualify for APPOINTMENT OR employment, the entity
OFFICER shall
release the applicant PERSON from APPOINTMENT OR
employment.
(C)(1)(D) The out-of-home care entity APPOINTING OR
HIRING OFFICER, ADMINISTRATIVE DIRECTOR, OR ATTORNEY shall pay to the
bureau
of criminal identification and investigation the fee prescribed
pursuant to division (C)(3) of section 109.572 of the Revised
Code for each criminal records check conducted in accordance with
that section upon a request pursuant to division (A)(1) of this
section. THE OFFICER, DIRECTOR, OR ATTORNEY
(2) An out-of-home care entity may charge an applicant,
prospective adoptive parent, or prospective foster parent THE PERSON
SUBJECT TO THE CRIMINAL RECORDS CHECK a fee
for the costs it THE OFFICER, DIRECTOR, OR ATTORNEY incurs in
obtaining a THE
criminal records check
under this section. A fee charged under this division shall not
exceed the amount of fees the entity OFFICER, DIRECTOR, OR
ATTORNEY pays under division (C)(1)
of this section FOR THE CRIMINAL RECORDS CHECK. If a fee is
charged under this division, the
entity OFFICER, DIRECTOR, OR ATTORNEY shall notify the PERSON
WHO IS THE applicant, prospective adoptive parent,
or prospective foster parent at the time of the person's initial
application for APPOINTMENT OR employment or for becoming an
adoptive parent, AN ADOPTION TO BE ARRANGED, or A
CERTIFICATE TO OPERATE A
foster parent HOME of the amount of the fee and that, unless the
fee
is paid, the entity PERSON WHO IS THE APPLICANT will not
consider the person BE CONSIDERED for APPOINTMENT OR
employment or as an
adoptive parent or foster parent CAREGIVER.
(D)(E) The report of any criminal records check conducted by
the bureau of criminal identification and investigation in
accordance with section 109.572 of the Revised Code and pursuant
to a request made under division (A)(1) of this section is not a
public record for the purposes of section 149.43 of the Revised
Code and shall not be made available to any person other than the
applicant, prospective adoptive parent, or prospective foster
parent PERSON who is the subject of the criminal records check or
the applicant's or
prospective adoptive or foster parent's PERSON'S representative;
the entity APPOINTING OR HIRING OFFICER, ADMINISTRATIVE DIRECTOR, OR
ATTORNEY requesting
the criminal records check
or its THE OFFICER'S, DIRECTOR'S, OR ATTORNEY'S representative;
the department of job and
family services or
a county department of job and family services; and any
court, hearing
officer, or other necessary individual involved in a case dealing
with the denial of employment to the applicant or the denial of
consideration as an adoptive parent, A FINAL DECREE OF ADOPTION
OR INTERLOCUTORY ORDER OF ADOPTION, or A foster
parent
HOME CERTIFICATE.
(E)(F) The director of job and
family services shall
adopt rules
pursuant to IN ACCORDANCE WITH Chapter 119. of the Revised Code
to implement this
section. The rules shall include rehabilitation
standards a person who has been convicted
of or pleaded guilty to an offense listed in
division
(B)(C)(1) OR (2) of this
section must meet for an entity APPOINTING OR HIRING OFFICER to
APPOINT OR employ the person as a person
responsible for a child's care in out-of-home care or permit the person to
become an adoptive parent or foster parent, A PROBATE COURT TO
ISSUE A
FINAL DECREE OF ADOPTION OR INTERLOCUTORY ORDER OF ADOPTION MAKING THE PERSON
AN ADOPTIVE PARENT, OR THE DEPARTMENT TO ISSUE A CERTIFICATE
AUTHORIZING THE PROSPECTIVE FOSTER CAREGIVER TO OPERATE A FOSTER HOME.
(F) Any person (G) AN APPOINTING OR HIRING OFFICER,
ADMINISTRATIVE DIRECTOR, OR ATTORNEY required by division (A)(1) of
this section
to request a criminal records check shall inform each person WHO IS THE
APPLICANT, at
the time of the person's initial application for APPOINTMENT OR
employment with an entity
as a person responsible for a child's care in out-of-home care or
the person's initial application for becoming an adoptive parent,
AN ADOPTION TO BE ARRANGED, or A foster
parent HOME CERTIFICATE, that the person SUBJECT TO THE
CRIMINAL RECORDS CHECK is required to provide a set of impressions of
the person's fingerprints and that a criminal records check is required to
be conducted and satisfactorily completed in accordance with
section 109.572 of the Revised Code if the person comes under final
consideration for appointment or employment as a precondition to
employment for that position or if the person is to be given final
consideration as an adoptive parent or foster parent.
(G)(H) As used in this section:
(1) "Applicant" means a person who is under final
consideration for appointment or employment as a person
responsible for a child's care in out-of-home care.
(2) "Person responsible for a child's care in out-of-home
care" has the same meaning as in section 2151.011 of the Revised
Code, except that it does not include a prospective employee of
the department of youth services or a person responsible for a
child's care in a hospital or medical clinic other than a
children's hospital.
(3) "Children's hospital" means any of the following:
(a) A hospital registered under section 3701.07 of the
Revised Code that provides general pediatric medical and surgical
care, and in which at least seventy-five per cent of annual
inpatient discharges for the preceding two calendar years were
individuals less than eighteen years of age;
(b) A distinct portion of a hospital registered under
section 3701.07 of the Revised Code that provides general
pediatric medical and surgical care, has a total of at least one
hundred fifty registered pediatric special care and pediatric
acute care beds, and in which at least seventy-five per cent of
annual inpatient discharges for the preceding two calendar years
were individuals less than eighteen years of age;
(c) A distinct portion of a hospital, if the hospital is
registered under section 3701.07 of the Revised Code as a
children's hospital and the children's hospital meets all the
requirements of division (G)(H)(3)(a) of this section.
(4)(2) "Criminal records check" has the same meaning as in
section 109.572 of the Revised Code.
(5)(3) "Minor drug possession offense" has the same meaning
as in section
2925.01 of the Revised Code.
(4) "PERSON RESPONSIBLE FOR A CHILD'S CARE IN OUT-OF-HOME CARE"
HAS THE SAME MEANING AS IN SECTION 2151.011 of the Revised Code, EXCEPT THAT IT DOES NOT
INCLUDE A PROSPECTIVE EMPLOYEE OF THE DEPARTMENT OF YOUTH SERVICES OR A PERSON
RESPONSIBLE FOR A CHILD'S CARE IN A HOSPITAL OR MEDICAL CLINIC OTHER THAN A
CHILDREN'S HOSPITAL.
(5) "PERSON SUBJECT TO A CRIMINAL RECORDS CHECK" MEANS THE FOLLOWING:
(a) A PERSON WHO IS UNDER FINAL CONSIDERATION FOR APPOINTMENT OR
EMPLOYMENT AS A PERSON RESPONSIBLE FOR A CHILD'S CARE IN OUT-OF-HOME CARE;
(b) A PROSPECTIVE ADOPTIVE PARENT;
(c) A PROSPECTIVE FOSTER CAREGIVER;
(d) A PERSON TWELVE YEARS OLD OR OLDER WHO RESIDES WITH A
PROSPECTIVE FOSTER
CAREGIVER.
(6) "RECOMMENDING AGENCY" MEANS A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE
CHILD PLACING AGENCY, OR PRIVATE NONCUSTODIAL AGENCY TO WHICH THE DEPARTMENT
OF JOB AND FAMILY SERVICES HAS DELEGATED A DUTY TO INSPECT AND APPROVE FOSTER
HOMES.
(7) "SUPERINTENDENT OF BCII" MEANS THE SUPERINTENDENT OF THE
BUREAU OF CRIMINAL IDENTIFICATION AND INVESTIGATION.
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 307.628 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. 2907.08. (A) No person, for the purpose of sexually arousing or
gratifying the person's self, shall commit
trespass or otherwise
surreptitiously invade the privacy of another, to spy or eavesdrop upon
another.
(B) No person, for the purpose of sexually arousing or gratifying the
person's self, shall commit trespass or otherwise surreptitiously invade the
privacy of another to photograph the other person in a state of nudity.
(C) No person, for the purpose of sexually arousing or gratifying
the
person's self, shall commit trespass or otherwise surreptitiously invade the
privacy of another to photograph the other person in a state of nudity if the
other person is a minor.
(D) No person, for the purpose of
sexually arousing or gratifying the person's self, shall commit trespass or
otherwise surreptitiously invade the privacy of another to photograph the
other
person in a state of nudity if the other person is a minor and any of the
following applies:
(1) The offender is the minor's natural or adoptive parent, stepparent,
guardian, or custodian, or person in loco parentis of the minor.
(2) The minor is in custody of law or is a patient in a hospital or other
institution, and the offender has supervisory or disciplinary authority over
the minor.
(3) The offender is a teacher, administrator, coach, or other person in
authority employed by or serving in a school for which the state board of
education prescribes minimum standards pursuant to division
(D) of section 3301.07 of the
Revised Code,
the minor is enrolled in or attends that school, and the offender is not
enrolled in and does not attend that school.
(4) The offender is a teacher, administrator, coach, or other person in
authority employed by or serving in an institution of higher education, and
the
minor is enrolled in or attends that institution.
(5) The offender is a caregiver, administrator, or other person in
authority employed by or serving in a child day-care center, type
A family day-care home, or type
B family day-care home, and the minor is
enrolled in or attends that center or home.
(6) The offender is the minor's athletic or other type of coach, is the
minor's instructor, is the leader of a scouting troop of which the minor is a
member, provides babysitting care for the minor, or is a person
with temporary or occasional disciplinary control over the minor.
(E)(1) Whoever violates this section is guilty of
voyeurism.
(2) A violation of division (A) of this
section is a misdemeanor of the third degree.
(3) A violation of division (B)
of this section is a misdemeanor of the second degree.
(4) A violation of division (C) of this
section is a misdemeanor of the first degree.
(5) A violation of division (D) of this
section is a felony of the fifth degree.
(F) As used in this section:
(1) "Institution of higher education" means a state institution of higher
education as defined in section 3345.031 of the
Revised Code,
a private nonprofit college or university located in this state that possesses
a certificate of authorization issued by the
Ohio board of regents pursuant to
Chapter 1713. of the
Revised Code,
or a school certified under Chapter 3332. of
the Revised
Code.
(2) "Child day-care center," "type A
family day-care home," and "type B family
day-care home" have the same meanings as in section 5104.01 of the
Revised
Code.
(3) "Babysitting care" has the same meaning as in section 2151.011 of the
Revised
Code MEANS CARE PROVIDED FOR A CHILD WHILE THE PARENTS, GUARDIAN, OR
LEGAL CUSTODIAN OF THE CHILD IS TEMPORARILY AWAY.
Sec. 3107.012. (A) Except as provided
in division (B) of this section, only an individual
who meets all of the following requirements may perform the duties of
an assessor under sections 3107.031, 3107.082, 3107.09, 3107.12,
5103.036, and
5103.152 of the Revised Code:
(1) The individual must be in the employ of, appointed
by, or under contract with a court, public
children services agency, private child placing agency, or private
noncustodial agency;
(2) The individual must be one of the following:
(a) A professional counselor or social worker licensed under Chapter 4757. of
the Revised Code;
(b) A psychologist licensed under Chapter 4732. of the Revised Code;
(c) A student working to earn a post-secondary
degree who conducts assessor's duties under the supervision of a professional
counselor or social worker licensed under
Chapter 4757. of the Revised Code or a psychologist licensed under Chapter
4732. of the Revised Code;
(d) A civil service employee engaging in social work without a license under
Chapter 4757. of the Revised Code, as permitted by division
(A)(5) of section 4757.41 of the
Revised Code.
(3) The individual must complete education programs in
accordance with rules adopted under section 3107.013 of the Revised Code.
(B) An individual in the employ of, appointed
by, or under contract with a court prior to
September 18, 1996, to conduct
adoption investigations of prospective adoptive
parents may perform the duties of an
assessor under sections 3107.031,
3107.082, 3107.09, 3107.12, 5103.036, and
5103.152 of the Revised Code if the
individual complies with division (A)(3) of this section regardless of
whether the individual meets the requirement of division (A)(2) of
this section.
(C) A court, public children services agency,
private child placing agency, or private noncustodial agency may
employ, appoint, or contract with an assessor in the county in which a
petition for adoption is filed and in any other county or
location outside this state where information needed to complete
or supplement the assessor's duties may be obtained. More than
one assessor may be utilized for an adoption.
Sec. 3107.014. THE DEPARTMENT OF JOB AND FAMILY SERVICES SHALL
DEVELOP A SCHEDULE OF EDUCATION PROGRAMS THAT MEET THE REQUIREMENTS
ESTABLISHED IN RULES ADOPTED PURSUANT TO SECTION 3107.013 OF THE
REVISED
CODE. THE SCHEDULE SHALL INCLUDE ENOUGH PROGRAMS TO PROVIDE ALL
AGENCIES EQUAL ACCESS TO THE PROGRAMS. THE DEPARTMENT SHALL DISTRIBUTE THE
SCHEDULE TO ALL
AGENCIES.
Sec. 3107.02. (A) Any minor may be adopted.
(B) An adult may be adopted under any of the following
conditions:
(1) If he THE ADULT is totally and permanently disabled;
(2) If he THE ADULT is determined to be a mentally retarded
person
as defined in section 5123.01 of the Revised Code;
(3) If he THE ADULT had established a child-foster
parent CAREGIVER or
child-stepparent relationship with the petitioners as a minor,
and he THE ADULT consents to the adoption.
(C) When proceedings to adopt a minor are initiated by the
filing of a petition, and the eighteenth birthday of the minor
occurs prior to the decision of the court, the court shall
require the person who is to be adopted to submit a written
statement of consent or objection to the adoption. If an
objection is submitted, the petition shall be dismissed, and if a
consent is submitted, the court shall proceed with the case, and
may issue an interlocutory order or final decree of adoption.
Sec. 3107.13. (A) A final decree of adoption shall not be issued and an
interlocutory order of adoption does not become final, until the person to be
adopted has lived in the adoptive home for at least six months after placement
by an agency, or for at least six months after the department of job and
family services or the court has been informed of the placement of the
person with
the petitioner, and the department or court has had an opportunity to observe
or investigate the adoptive home, or in the case of adoption by a stepparent,
until at least six months after the filing of the petition, or until the child
has lived in the home for at least six months.
(B) In the case of a foster parent CAREGIVER adopting a foster
child or person adopting
a child to whom the person is related, the court shall apply the amount of
time the child lived in the foster parent's CAREGIVER'S or
relative's home prior to the
date the foster parent CAREGIVER or relative files the petition
to adopt the child
toward the six-month waiting period established by division (A) of this
section.
Sec. 3107.14. (A) The petitioner and the person sought to
be adopted shall appear at the hearing on the petition, unless
the presence of either is excused by the court for good cause
shown.
(B) The court may continue the hearing from time to time
to permit further observation, investigation, or consideration of
any facts or circumstances affecting the granting of the
petition, and may examine the petitioners separate and apart from
each other.
(C) If, at the conclusion of the hearing, the court finds
that the required consents have been obtained or excused and that
the adoption is in the best interest of the person sought to be
adopted as supported by the evidence, it may issue, subject to division
(B)(C)(1) of section 2151.86,
section 3107.064, and division (E) of section 3107.09 of the Revised
Code, and any
other limitations specified in this chapter, a final decree of adoption or an
interlocutory
order of adoption, which by its own terms automatically becomes a
final decree of adoption on a date specified in the order, which,
except as provided in division (B) of section 3107.13
of the Revised Code,
shall not be less than six months or more than one year from the
date of issuance of the order, unless sooner vacated by the court
for good cause shown. In determining whether the adoption is in the best
interest of the person sought to be adopted, the court shall not consider the
age of the petitioner if the petitioner is old enough to adopt as provided by
section 3107.03 of the Revised Code.
In an interlocutory order of adoption, the court shall
provide for observation, investigation, and a further report on
the adoptive home during the interlocutory period.
(D) If the requirements for a decree under division (C) of
this section have not been satisfied or the court vacates an
interlocutory order of adoption, or if the court finds that a
person sought to be adopted was placed in the home of the
petitioner in violation of law, the court shall dismiss the
petition and may determine the agency or person to have temporary
or permanent custody of the person, which may include the agency
or person that had custody prior to the filing of the petition or
the petitioner, if the court finds it is in the best interest of
the person as supported by the evidence, or if the person is a minor,
the court may certify the case to the juvenile court of the county where the
minor is then residing for appropriate action and disposition.
Sec. 3313.472. The board of education of each city,
exempted village, local, and joint vocational school district
shall adopt a policy on parental involvement in the schools of
the district. The policy shall be designed to build consistent
and effective communication between the parents AND FOSTER CAREGIVERS
of students
enrolled in the district and the teachers and administrators
assigned to the schools their children OR FOSTER CHILDREN attend. The
policy shall
provide the opportunity for parents AND FOSTER CAREGIVERS to be
actively involved in
their children's OR FOSTER CHILDREN'S education and to be informed of
the following:
(A) The importance of the involvement of parents AND FOSTER CAREGIVERS
in
directly affecting the success of their children's OR FOSTER
CHILDREN'S educational
efforts;
(B) How and when to assist their children OR FOSTER CHILDREN in and
support
their children's OR FOSTER CHILDREN'S classroom learning activities;
(C) Techniques, strategies, and skills to use at home to
improve their children's OR FOSTER CHILDREN'S academic success and to
support their
children's OR FOSTER CHILDREN'S academic efforts at school and their
children's OR FOSTER CHILDREN'S
development as future responsible adult members of society.
Sec. 3313.64. (A) As used in this section and in section
3313.65 of the Revised Code:
(1) "Parent" means either parent, unless the parents are
separated or divorced or their marriage has been dissolved or
annulled, in which case "parent" means the parent who is the
residential parent and legal custodian of the child. When a
child is in the legal custody of a government agency or a person
other than the child's natural or adoptive parent, "parent" means
the parent with residual parental rights, privileges, and
responsibilities. When a child is in the permanent custody of a
government agency or a person other than the child's natural or
adoptive parent, "parent" means the parent who was divested of parental
rights and responsibilities for the care of the child and the
right to have the child live with the parent and be the legal
custodian
of the child and all residual parental rights, privileges, and
responsibilities.
(2) "Legal custody," "permanent custody," and "residual
parental rights, privileges, and responsibilities" have the same
meanings as in section 2151.011 of the Revised Code.
(3) "School district" or "district" means a city, local,
or exempted village school district and excludes any school
operated in an institution maintained by the department of youth
services.
(4) Except as used in division (C)(2) of this section,
"home" means a home, institution, family foster home, group home,
or other residential facility in this state that receives and
cares for children, to which any of the following applies:
(a) The home is licensed, certified, or approved for such
purpose by the state or is maintained by the department of youth
services.
(b) The home is operated by a person who is licensed,
certified, or approved by the state to operate the home for such
purpose.
(c) The home accepted the child through a placement by a
person licensed, certified, or approved to place a child in such
a home by the state.
(d) The home is a children's home created under section
5153.21 or 5153.36 of the Revised Code.
(5) "Agency" means all of the following:
(a) A public children services agency;
(b) An organization that holds a certificate issued by the
Ohio department of job and family services in accordance
with the
requirements of section 5103.03 of the Revised Code and assumes
temporary or permanent custody of children through commitment,
agreement, or surrender, and places children in family homes for
the purpose of adoption;
(c) Comparable agencies of other states or countries that
have complied with applicable requirements of section 2151.39, or
sections 5103.20 to 5103.28 of the Revised Code.
(6) A child is placed for adoption if either of the
following occurs:
(a) An agency to which the child has been permanently
committed or surrendered enters into an agreement with a person
pursuant to section 5103.16 of the Revised Code for
the care and
adoption of the child.
(b) The child's natural parent places the child pursuant
to section 5103.16 of the Revised Code with a person who will
care for and adopt the child.
(7) "Handicapped preschool child" means a handicapped
child, as defined by division (A) of section 3323.01 of the
Revised Code, who is at least three years of age but is not of
compulsory school age, as defined in section 3321.01 of the
Revised Code, and who is not currently enrolled in kindergarten.
(8) "Child," unless otherwise indicated, includes
handicapped preschool children.
(B) Except as otherwise provided in section 3321.01 of the
Revised Code for admittance to kindergarten and first grade, a
child who is at least five but under twenty-two years of age and
any handicapped preschool child shall be admitted to school as
provided in this division.
(1) A child shall be admitted to the schools of the school
district in which the child's parent resides.
(2) A child who does not reside in the district where
the child's parent resides shall be admitted to the schools of the
district
in which the child resides if any of the following applies:
(a) The child is in the legal or permanent custody of a
government agency or a person other than the child's natural
or adoptive
parent.
(b) The child resides in a home.
(c) The child requires special education.
(3) A child who is not entitled under division (B)(2) of
this section to be admitted to the schools of the district where
the child resides and who is residing with a resident of this
state with
whom the child has been placed for adoption shall be admitted
to the
schools of the district where the child resides unless either of
the following applies:
(a) The placement for adoption has been terminated.
(b) Another school district is required to admit the child
under division (B)(1) of this section.
Division (B) of this section does not prohibit the board of
education of a school district from placing a handicapped child
who resides in the district in a special education program
outside of the district or its schools in compliance with Chapter
3323. of the Revised Code.
(C) A district shall not charge tuition for children
admitted under division (B)(1) or (3) of this section. If the
district admits a child under division (B)(2) of this section,
tuition shall be paid to the district that admits the child as
follows:
(1) If the child receives special education in accordance
with Chapter 3323. of the Revised Code, tuition shall be paid in
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141
of the Revised Code regardless of who has custody of the child or
whether the child resides in a home.
(2) Except as otherwise provided in division (C)(2)(d) of
this section, if the child is in the permanent or legal custody
of a government agency or person other than the child's parent,
tuition shall be paid by:
(a) The district in which the child's parent resided at
the time the court removed the child from home or at the time
the court vested legal or permanent custody of the child in the
person or government agency, whichever occurred first; or
(b) If the parent's residence at the time the court
removed the child from home or placed the child in the
legal or permanent custody of the person or government agency is unknown,
tuition shall be paid by the district in which the child resided
at the time the child was removed from home or placed in
legal or permanent custody, whichever occurred first; or
(c) If a school district cannot be established under
division (C)(2)(a) or (b) of this section, tuition shall be paid
by the district determined as required by section 2151.357 of the
Revised Code by the court at the time it vests custody of the
child in the person or government agency.;
(d) If at the time the court removed the child from
home or vested legal or permanent custody of the child in the
person or government agency, whichever occurred first, one parent
was in a residential or correctional facility or a juvenile
residential placement and the other parent, if living and not in
such a facility or placement, was not known to reside in this
state, tuition shall be paid by the district determined under
division (D) of section 3313.65 of the Revised Code as the
district required to pay any tuition while the parent was in such
facility or placement.
(3) If the child is not in the permanent or legal custody
of a government agency or person other than the child's
parent and the child
resides in a home, tuition shall be paid by one of the following:
(a) The school district in which the child's parent
resides;
(b) If the child's parent is not a resident of this state,
the home in which the child resides.
(D) Tuition required to be paid under divisions (C)(2) and
(3)(a) of this section shall be computed in accordance with
section 3317.08 of the Revised Code. Tuition required to be paid
under division (C)(3)(b) of this section shall be computed in
accordance with section 3317.081 of the Revised Code. If a home
fails to pay the tuition required by division (C)(3)(b) of this
section, the board of education providing the education may
recover in a civil action the tuition and the expenses incurred
in prosecuting the action, including court costs and reasonable
attorney's fees. If the prosecuting attorney or city director of
law represents the board in such action, costs and reasonable
attorney's fees awarded by the court, based upon the prosecuting
attorney's, director's, or one of their designee's time
spent preparing
and presenting the case, shall be deposited in the county or city
general fund.
(E) A board of education may enroll a child free of any
tuition obligation for a period not to exceed sixty days, on the
sworn statement of an adult resident of the district that the
resident has
initiated legal proceedings for custody of the child.
(F) In the case of any individual entitled to attend
school under this division, no tuition shall be charged by the
school district of attendance and no other school district shall
be required to pay tuition for the individual's attendance.
Notwithstanding division (B), (C), or (E) of this section:
(1) All persons at least eighteen but under twenty-two
years of age who live apart from their parents, support
themselves by their own labor, and have not successfully
completed the high school curriculum or the individualized
education program developed for the person by the high school
pursuant to section 3323.08 of the Revised Code, are entitled to
attend school in the district in which they reside.
(2) Any child under eighteen years of age who is married
is entitled to attend school in the child's district of
residence.
(3) A child is entitled to attend school in the district
in which either of the child's parents is employed if the
child has a
medical condition that may require emergency medical attention. The parent of
a child entitled to attend school under division
(F)(3) of this section shall submit to the board of education of
the district in which the parent is employed a statement from the
child's physician certifying that the child's medical condition
may require emergency medical attention. The statement shall be
supported by such other evidence as the board may require.
(4) Any child residing with a person other than the child's
parent
is entitled, for a period not to exceed twelve months, to attend
school in the district in which that person resides if the
child's parent files an affidavit with the superintendent of the
district in which the person with whom the child is living
resides stating all of the following:
(a) That the parent is serving outside of the state in the
armed services of the United States;
(b) That the parent intends to reside in the district upon
returning to this state;
(c) The name and address of the person with whom the child
is living while the parent is outside the state.
(5) Any child under the age of twenty-two years who, after the
death of a parent, resides in a school district other than the
district in which the child attended school at the time of the
parent's death is entitled to continue to attend school in the
district in which the child attended school at the time of the
parent's death for the remainder of the school year, subject to
approval of that district board.
(6) A child under the age of twenty-two years who resides
with a parent who is having a new house built in a school
district outside the district where the parent is residing is
entitled to attend school for a period of time in the district
where the new house is being built. In order to be entitled to
such attendance, the parent shall provide the district
superintendent with the following:
(a) A sworn statement explaining the situation, revealing
the location of the house being built, and stating the parent's
intention to reside there upon its completion;
(b) A statement from the builder confirming that a new
house is being built for the parent and that the house is at the
location indicated in the parent's statement.
(7) A child under the age of twenty-two years residing with a
parent who has a contract to purchase a house in a school
district outside the district where the parent is residing and
who is waiting upon the date of closing of the mortgage loan for
the purchase of such house is entitled to attend school for a
period of time in the district where the house is being
purchased. In order to be entitled to such attendance, the
parent shall provide the district superintendent with the
following:
(a) A sworn statement explaining the situation, revealing
the location of the house being purchased, and stating the
parent's intent to reside there;
(b) A statement from a real estate broker or bank officer
confirming that the parent has a contract to purchase the house,
that the parent is waiting upon the date of closing of the
mortgage loan, and that the house is at the location indicated in
the parent's statement.
The district superintendent shall establish a period of
time not to exceed ninety days during which the child entitled to
attend school under division (F)(6) or (7) of this section may
attend without tuition obligation. A student attending a school
under division (F)(6) or (7) of this section shall be eligible to
participate in interscholastic athletics under the auspices of
that school, provided the board of education of the school
district where the student's parent resides, by a formal action,
releases the student to participate in interscholastic athletics
at the school where the student is attending, and provided the
student receives any authorization required by a public agency or
private organization of which the school district is a member
exercising authority over interscholastic sports.
(8) A child whose parent is a full-time employee of a
city, local, or exempted village school district, or of an
educational service center, may be admitted
to the schools of the district where the child's parent is
employed, or in the case of a child whose parent is employed by an
educational service center, in the district that serves the location where
the parent's job is primarily located,
provided the district board of education establishes such an admission
policy by resolution adopted by a majority of its members. Any
such policy shall take effect on the first day of the school year
and the effective date of any amendment or repeal may not be
prior to the first day of the subsequent school year. The policy
shall be uniformly applied to all such children and shall provide
for the admission of any such child upon request of the parent. No child may
be admitted under this policy after the first day of
classes of any school year.
(9) A child who is with the child's parent under the care
of a
shelter for victims of domestic violence, as defined in section
3113.33 of the Revised Code, is entitled to attend school free in
the district in which the child is with the child's parent,
and no
other school
district shall be required to pay tuition for the child's
attendance in
that school district.
The enrollment of a child in a school district under this
division shall not be denied due to a delay in the school
district's receipt of any records required under section 3313.672
of the Revised Code or any other records required for enrollment.
Any days of attendance and any credits earned by a child while
enrolled in a school district under this division shall be
transferred to and accepted by any school district in which the
child subsequently enrolls. The state board of education shall
adopt rules to ensure compliance with this division.
(10) Any child under the age of twenty-two years whose parent
has moved out of the school district after the commencement of
classes in the child's senior year of high school is entitled,
subject to the approval of that district board, to attend school
in the district in which the child attended school at the
time of the parental move for the remainder of the school year and
for one
additional semester or equivalent term. A district board may
also adopt a policy specifying extenuating circumstances under
which a student may continue to attend school under division
(F)(10) of this section for an additional period of time in order
to successfully complete the high school curriculum for the
individualized education program developed for the student by the
high school pursuant to section 3323.08 of the Revised Code.
(11) As used in this division, "grandparent" means a
parent of a parent of a child. A child under the age of
twenty-two years who is in the custody of the child's
parent, resides
with a grandparent, and does not require special education is
entitled to attend the schools of the district in which the
child's
grandparent resides, provided that, prior to such attendance in
any school year, the board of education of the school district in
which the child's grandparent resides and the board of
education of the
school district in which the child's parent resides enter
into a written
agreement specifying that good cause exists for such attendance,
describing the nature of this good cause, and consenting to such
attendance.
In lieu of a consent form signed by a parent, a board of
education may request the grandparent of a child attending school
in the district in which the grandparent resides pursuant to
division (F)(11) of this section to complete any consent form
required by the district, including any authorization required by
sections 3313.712, 3313.713, and 3313.716 of the Revised Code. Upon
request, the grandparent shall complete any consent form required
by the district. A school district shall not incur any liability
solely because of its receipt of a consent form from a
grandparent in lieu of a parent.
Division (F)(11) of this section does not
create, and shall not be construed
as creating, a new cause of action or substantive legal right
against a school district, a member of a board of education, or
an employee of a school district. This section does not affect,
and shall not be construed as affecting, any immunities from
defenses to tort liability created or recognized by Chapter 2744.
of the Revised Code for a school district, member, or employee.
(12) A child under the age of twenty-two years is
entitled to attend school in a school district other than the district in
which the
child is entitled to attend school under division (B), (C),
or (E) of this section
provided that, prior to such attendance in any school year, both of the
following occur:
(a) The superintendent of the district in which the child is
entitled to attend school under division (B),
(C), or (E)
of this section contacts the superintendent of another district for purposes
of
this division;
(b) The superintendents of both districts enter into
a written agreement that consents to the attendance and specifies that the
purpose of such attendance is to
protect the student's physical or mental well-being or to deal with other
extenuating circumstances deemed appropriate by the superintendents.
While an agreement is in effect under this division for a student who is
not receiving special education under Chapter 3323. of the Revised Code and
notwithstanding Chapter 3327. of the Revised Code,
the board of education of neither school district involved in the agreement is
required to provide transportation for the student to and from the school
where the student attends.
A student attending a school of a district pursuant to this division
shall be allowed to participate in all student activities, including
interscholastic athletics, at the school where the student is attending on the
same basis as any student who has always attended the schools of that district
while of compulsory school age.
(G) A board of education, after approving admission, may
waive tuition for students who will temporarily reside in the
district and who are either of the following:
(1) Residents or domiciliaries of a foreign nation who
request admission as foreign exchange students;
(2) Residents or domiciliaries of the United States but
not of Ohio who request admission as participants in an exchange
program operated by a student exchange organization.
(H) Pursuant to sections 3311.211, 3313.90, 3319.01,
3323.04, 3327.04, and 3327.06 of the Revised Code, a child may
attend school or participate in a special education program in a
school district other than in the district where the child is
entitled to attend school under division (B) of this section.
(I) This division does not apply to a child receiving
special education.
A school district required to pay tuition pursuant to
division (C)(2) or (3) of this section or section 3313.65 of the
Revised Code shall have an amount deducted under division
(F) of
section 3317.023 of the Revised Code equal to its own tuition
rate for the same period of attendance. A school district
entitled to receive tuition pursuant to division (C)(2) or (3) of
this section or section 3313.65 of the Revised Code shall have an
amount credited under division (F) of section 3317.023 of
the
Revised Code equal to its own tuition rate for the same period of
attendance. If the tuition rate credited to the district of
attendance exceeds the rate deducted from the district required
to pay tuition, the department of education shall pay the
district of attendance the difference from amounts deducted from
all districts' payments under division (F) of section
3317.023 of
the Revised Code but not credited to other school districts under
such division and from appropriations made for such purpose. The
treasurer of each school district shall, by the fifteenth day of
January and July, furnish the superintendent of public
instruction a report of the names of each child who attended the
district's schools under divisions (C)(2) and (3) of this section
or section 3313.65 of the Revised Code during the preceding six
calendar months, the duration of the attendance of those
children, the school district responsible for tuition on behalf
of the child, and any other information that the superintendent
requires.
Upon receipt of the report the superintendent, pursuant to
division (F) of section 3317.023 of the Revised Code, shall
deduct each district's tuition obligations under divisions (C)(2)
and (3) of this section or section 3313.65 of the Revised Code
and pay to the district of attendance that amount plus any amount
required to be paid by the state.
(J) In the event of a disagreement, the superintendent of
public instruction shall determine the school district in which
the parent resides.
(K) Nothing in this section requires or authorizes, or
shall be construed to require or authorize, the admission to a
public school in this state of a pupil who has been permanently
excluded from public school attendance by the superintendent of
public instruction pursuant to sections 3301.121 and 3313.662 of
the Revised Code.
Sec. 3323.01. As used in this chapter and Chapter 3321. of
the Revised Code:
(A) "Handicapped child" means a person under twenty-two
years of age who is developmentally handicapped, hearing
handicapped, speech handicapped, visually disabled, severe
behavior handicapped, orthopedically handicapped,
multihandicapped, other health handicapped, specific learning
disabled, autistic, or traumatic brain injured, and by reason
thereof requires special education.
(B) "Special education program" means the required related
services and instruction specifically designed to meet the unique
needs of a handicapped child, including classroom instruction,
home instruction, and instruction in hospitals and institutions
and in other settings.
(C) "Related services" means transportation, and such
developmental, corrective, and other supportive services as may
be required to assist a handicapped child to benefit from special
education, including the early identification and assessment of
handicapped conditions in children, speech pathology and
audiology, psychological services, occupational and physical
therapy, physical education, recreation, counseling services
including rehabilitative counseling, and medical services, except
that such medical services shall be for diagnostic and evaluation
purposes only.
(D) "Appropriate public education" means special education
and related services that:
(1) Are provided at public expense and under public
supervision;
(2) Meet the standards of the state board of education;
(3) Include an appropriate preschool, elementary, or
secondary education;
(4) Are provided in conformity with the individualized
education program required under this chapter.
(E) "Individualized education program" means a written
statement for each handicapped child designed to meet the unique
needs of a handicapped child, which statement shall include:
(1) A statement of the present levels of educational
performance of such child;
(2) A statement of annual goals, including short-term
instructional objectives;
(3) A statement of the specific educational services to be
provided to such child, and the extent to which such child will
be able to participate in regular educational programs;
(4) A statement of the transition services needed for such
child beginning no later than age sixteen and annually thereafter
(and, when determined appropriate for such child, beginning at
age fourteen or younger), including, when appropriate, a
statement of the interagency responsibilities and linkages before
the student leaves the school setting;
(5) The projected date for initiation and anticipated
duration of such services;
(6) Appropriate objective criteria and evaluation
procedures and schedules for determining, on at least an annual
basis, whether instructional objectives are being achieved, and
whether current placement is appropriate.
(F) "Other educational agency" means a department,
division, bureau, office, institution, board, commission,
committee, authority, or other state or local agency, other than
a school district or an agency administered by the department of
mental retardation and developmental disabilities, that provides
or seeks to provide special education or related services to
handicapped children.
(G) "School district" means a city, local, or exempted
village school district.
(H) "Parents" means either parent. If the parents are
separated or divorced, "parent" means the parent who is the
residential parent and legal custodian of the handicapped child.
Except as used in division (I) of this section and in sections
3323.09 and 3323.141 of the Revised Code, "parents" includes a
child's guardian or, custodian, OR FOSTER
CAREGIVER. This definition does not apply to
Chapter 3321. of the Revised Code.
(I) As used in sections 3323.09, 3323.091, 3323.13, and
3323.14 of the Revised Code, "school district of residence"
means:
(1) The school district in which the child's parents
reside;
(2) If the school district specified in division (I)(1) of
this section cannot be determined, the last school district in
which the child's parents are known to have resided if the
parents' whereabouts are unknown;
(3) If the school district specified in division (I)(2) of
this section cannot be determined, the school district determined
by the court under section 2151.357 of the Revised Code, or if no
district has been so determined, the school district as
determined by the probate court of the county in which the child
resides. The school district of residence that had been
established under this section on December 12, 1983, shall remain
the child's school district of residence unless a district of
residence can be determined under division (I)(1) or (2) of this
section.
(4) Notwithstanding divisions (I)(1) to (3) of this
section, if a school district is required by section 3313.65 of
the Revised Code to pay tuition for a child, that district shall
be the child's school district of residence.
(J) "County MR/DD board" means a county board of mental
retardation and developmental disabilities.
(K) "Handicapped preschool child" means a handicapped
child who is at least three years of age but is not of compulsory
school age, as defined under section 3321.01 of the Revised Code,
and who is not currently enrolled in
kindergarten.
(L) "Transition services" means a coordinated set of
activities for a student, designed within an outcome-oriented
process, that:
(1) Promotes movement from school to post-school
activities, including post-secondary education; vocational
training; integrated employment, including supported employment;
continuing and adult education; adult services; independent
living; and community participation;
(2) Is based upon the individual student's needs,
including taking into account the student's preferences and
interests;
(3) Includes instruction, community experiences, the
development of employment and other post-school adult living
objectives, and, when appropriate, acquisition of daily living
skills and functional vocational evaluation.
(M) "Visual disability" for any individual means that one of the following
applies to the individual:
(1) The individual has a visual acuity of 20/200 or less in the better eye
with correcting lenses or has a limited field of vision in the better eye such
that the widest diameter subtends an angular distance of no greater than
twenty degrees.
(2) The individual has a medically indicated expectation of meeting the
requirements of division (M)(1) of this section over a period of time.
(3) The individual has a medically diagnosed and medically uncorrectable
limitation in visual functioning that adversely affects the individual's
ability to read and write standard print at levels expected of the
individual's peers of comparable ability and grade level.
(N) "Student with a visual disability" means any person under twenty-two
years of age who has a visual disability.
(O) "Instruction in braille reading and writing" means the teaching of the
system of reading and writing through touch commonly known as standard English
braille.
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 ANY BODIES ACTING AS CHILD FATALITY REVIEW BOARDS 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
307.626 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 307.623 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 307.629 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 307.629 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 intervention in lieu of conviction in this state
or treatment or intervention in lieu of conviction in another
state 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. 5101.14. (A) Within available funds, the department
of job and family services shall make payments to the counties within
thirty days after the beginning of each calendar quarter for a
part of their costs for services to children performed pursuant
to Chapter 5153. of the Revised Code.
Funds provided to the county under this section shall be deposited into
the children
services fund created pursuant to section 5101.144 of the Revised Code.
(B)(1) The funds distributed under this section shall be
used for the following:
(a) Home-based services to children and families;
(b) Protective services to children;
(c) To find, develop, and approve adoptive homes;
(d) Short-term, out-of-home care and treatment for children;
(e) Costs for the care of a child who resides with
a caretaker relative, other than the child's parent, and is in
the legal custody of a public children services agency pursuant
to a voluntary temporary custody agreement entered
into under division (A) of
section 5103.15 of the Revised
Code or in the legal custody of
a public children services agency or the caretaker relative
pursuant to an allegation or adjudication of abuse, neglect, or
dependency made under Chapter
2151. of the Revised
Code;
(f) Other services a public children services
agency considers necessary to protect children from abuse,
neglect, or dependency.
(2) No funds distributed under this section shall be
used for the
costs of maintaining a child in a children's home owned and
operated by the county.
(C) In each fiscal year, the amount of funds available for
distribution under this section shall be allocated to counties
as follows:
(1) If the amount is less than the amount initially
appropriated for the immediately preceding fiscal year, each
county shall receive an amount equal to the percentage of the
funding it received in the immediately preceding fiscal year,
exclusive of any releases from or additions to the allocation or
any sanctions imposed under this section;
(2) If the amount is equal to the amount initially
appropriated for the immediately preceding fiscal year, each
county shall receive an amount equal to the amount it received
in the preceding fiscal year, exclusive of any releases from or
additions to the allocation or any sanctions imposed under this
section;
(3) If the amount is greater than the amount initially
appropriated for the immediately preceding fiscal year, each
county shall receive the amount determined under division
(C)(2) of this section as a
base allocation, plus a percentage of the amount that exceeds
the amount initially appropriated for the immediately preceding
fiscal year. The amount exceeding the amount initially
appropriated in the immediately preceding fiscal year shall be allocated to
the counties as follows:
(a) Twelve per cent divided equally among all counties;
(b) Forty-eight per cent in the ratio that the number of
residents
of the county under the age of eighteen bears to the total number of such
persons residing in this state;
(c) Forty per cent in the ratio that the number of residents of
the county with incomes under the federal poverty guideline
bears to the total
number of such persons in this state.
As used in division (C)(3)(c) of this section,
"federal poverty guideline" means the poverty
guideline as
defined by the United States office of management and budget
and revised by the United States secretary of health and
human services in accordance with section 673 of the "Community
Services Block Grant Act," 95
Stat. 511 (1981), 42 U.S.C.A. 9902, as amended.
(D) The director of job and family
services may adopt rules as necessary for the allocation of funds under
this
section. The rules shall be adopted in accordance with section
111.15 of the Revised Code.
(E)(1) As used in this division, "services to children"
includes only children's protective services, home-based services
to children and families, family foster home services,
residential treatment services, adoptive services, and
independent living services.
(2) Except as otherwise provided in this section, the
allocation of funds for a fiscal year to a county under this
section shall be reduced by the department if in the preceding
calendar year the total amount expended for services to children
from local funds and funds distributed to the county under
section 5101.46 of the Revised Code was less than the total
expended from those sources in the second preceding calendar
year. The reduction shall be equal to the difference between the
total expended in the preceding calendar year and the total
expended in the second preceding calendar year.
The determination of whether the amount expended for
services to children was less in the preceding calendar year than
in the second preceding calendar year shall not include a
difference due to any of the following factors to the extent that
the difference does not exceed the amount attributable to that
factor:
(a) An across-the-board reduction in the county budget as
a whole;
(b) A reduced or failed levy specifically earmarked for
children services;
(c) A reduced allocation of funds to the county under
section 5101.24 of the Revised Code;
(d) The closure of, or a reduction in the operating
capacity of, a children's home owned and operated by the county.
(3) Funds withheld under this division may be reallocated
by the department to other counties. The department may grant
whole or partial waivers of the provisions of this division.
(F) Children who are in the temporary or permanent custody
of a certified public or private nonprofit agency or institution,
or who are in adoptions subsidized under division (B) of section
5153.163 of the Revised Code are eligible for medical assistance
through the medical assistance program established under section
5111.01 of the Revised Code.
(G) Within ninety days after the end of each fiscal year,
each county shall return any unspent funds to the department.
(H) The department shall prepare an annual report
detailing on a county-by-county basis the services provided with
funds distributed under this section. The report shall be
submitted to the general assembly by the thirtieth day of
September each year and also shall be made available to the
public.
(I) In accordance with Chapter 119. of the Revised Code,
the director shall adopt, and may amend and rescind, rules
prescribing reports on expenditures to be submitted by the
counties as necessary for the implementation of this section.
Sec. 5101.141. (A) The department of job and family 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. The director of job
and family services 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 CERTIFIED foster homes operated by a common
administrative unit, the foster care maintenance payments made by
the county on behalf of the child shall include the reasonable
cost of the administration and operation of the institution,
group home, or program, as necessary to provide the items
described in division DIVISIONS (B)(1) and (2) of this section.
(C) To the extent that either foster care maintenance
payments under division (B) of this section or Title IV-E
adoption assistance payments for maintenance costs require the
expenditure of county funds, the board of county commissioners
shall report the nature and amount of each expenditure of county
funds to the department.
(D) The department shall distribute to
public children services agencies that
incur and report such expenditures federal financial
participation received for administrative and training costs
incurred in the operation of foster care maintenance and adoption
assistance programs. The department may withhold not more than
two per cent of the federal financial participation received.
The funds withheld shall be in addition to any administration and
training cost for which the department is reimbursed through its
own cost allocation plan.
(E) All federal funds received by a county pursuant to
this section shall be deposited into the county's children
services fund created pursuant to section
5101.144 of the Revised Code.
(F) The department shall periodically
publish and distribute the maximum amounts that the department
will reimburse public children services agencies for making
payments on behalf of children eligible for foster care maintenance payments.
(G) The department, by and through its director, is hereby
authorized to develop, participate in the development of, negotiate, and enter
into one or more interstate compacts on behalf of this state with agencies of
any other states, for the provision of medical assistance and other social
services to children in relation to whom all of the following apply:
(1) They have special needs.
(2) This state or another state that is a party to the interstate compact
is providing adoption assistance on their behalf.
(3) They move into this state from another state or move out of this state
to another state.
Sec. 5101.143. (A) As used in this section, "private agency" means a private
child
placing agency
or private noncustodial agency.
(B) A government entity or
private agency may submit to the department of job and family services a
request that the department
determine what portion of an amount the government entity or
private agency charges for foster care maintenance for a child
eligible for foster care maintenance payments under
Title IV-E of the "Social Security Act," 94 Stat. 510, 42 U.S.C.A. 670 (1980),
as amended, qualifies for reimbursement under Title
IV-E.
(C) As used in this
division and division (D) of
this section, "government entity" means any government entity
other than a public children services agency.
Subject to initial and continued approval by the United
States department of health and
human services, the department of job and family services
shall levy a
special assessment on each private agency or government entity seeking
a rate determination under division (B)
of this section. The amount of the special assessment
shall
be the greater of three hundred dollars or fifteen cents times
the number of days the private agency or government entity
provided or arranged foster care in the preceding calendar year
to or for each child the agency or entity provided or arranged
foster care. The department shall not perform a rate determination under
division
(B) of this section for a private agency or government entity
that fails to pay the special assessment.
The department shall deposit all amounts collected under
this
division into the child welfare training fund, which is
hereby
created in the state treasury. The department shall use money
in the fund only to secure federal matching funds under
Title
IV-E
to help defray costs private agencies and government entities incur in
training staff and foster care parents CAREGIVERS and that the
department determines are allowable and reasonable
costs and to make payments to private and government entities to assist with
those costs.
The department shall determine the amount of payments it
will make to private agencies and government entities under this
division. The department may require a private agency
or
government entity that receives a payment under this
division to
pay or help pay the cost of an adverse audit finding that the
agency or entity causes or to which the agency or entity
contributes. The department may require all private agencies
and government entities that receive a payment under this
division to share in the cost of an adverse audit
finding that a
private agency or government entity no longer in existence
caused or contributed to.
(D) The director of
job and family services shall adopt rules in accordance
with Chapter 119. of the Revised
Code to implement this section. The rules shall include all of the
following:
(1) Procedures for a private agency or government entity
to pay the special assessment required by division
(C) of this section and to
request a payment from the department to help defray the cost of
training staff and foster parents CAREGIVERS;
(2) Criteria for the department to determine whether
training costs are allowable and reasonable;
(3) Any other requirements the department determines to
be necessary to implement this section.
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 JOB AND FAMILY SERVICES SHALL ESTABLISH
BOTH OF THE FOLLOWING:
(1) A SINGLE FORM FOR THE AGENCIES
TO REPORT COSTS REIMBURSABLE UNDER TITLE
IV-E AND COSTS
REIMBURSABLE UNDER MEDICAID;
(2) PROCEDURES TO MONITOR COST REPORTS SUBMITTED BY
THE AGENCIES.
Sec. 5101.146. THE DEPARTMENT OF JOB AND FAMILY 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 DEPARTMENT AND THE AGENCY INVOLVED
SHALL JOINTLY DEVELOP AND IMPLEMENT A
CORRECTIVE ACTION PLAN ACCORDING TO A SPECIFIC SCHEDULE. IF REQUESTED
BY THE AGENCY INVOLVED, THE DEPARTMENT SHALL PROVIDE TECHNICAL
ASSISTANCE TO THE AGENCY TO ENSURE THE FISCAL ACCOUNTABILITY PROCEDURES
AND GOALS OF THE PLAN ARE MET.
(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,
THE DEPARTMENT MAY TAKE ANY ACTION PERMITTED UNDER DIVISION (B)(3),
(4), OR (5) OF SECTION 5101.24 of the Revised Code.
(2) FOR PRIVATE CHILD PLACING AGENCIES OR PRIVATE NONCUSTODIAL
AGENCIES,
CANCELLATION OF ANY TITLE IV-E ALLOWABILITY
RATES FOR THE
AGENCY INVOLVED PURSUANT TO SECTION 5101.141 OF THE REVISED
CODE
OR REVOCATION PURSUANT TO CHAPTER 119. OF THE REVISED
CODE OF THAT
AGENCY'S CERTIFICATE ISSUED UNDER SECTION 5103.03 OF THE REVISED
CODE.
Sec. 5101.147. IF A PUBLIC CHILDREN
SERVICES AGENCY FAILS TO COMPLY WITH THE FISCAL ACCOUNTABILITY
PROCEDURES ESTABLISHED BY THE DEPARTMENT OF JOB AND FAMILY SERVICES, THE
DEPARTMENT SHALL NOTIFY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY
SERVED BY THE AGENCY. IF A PRIVATE CHILD PLACING AGENCY OR
PRIVATE NONCUSTODIAL AGENCY FAILS TO COMPLY WITH THE FISCAL
ACCOUNTABILITY PROCEDURES, THE DEPARTMENT SHALL NOTIFY THE
EXECUTIVE DIRECTOR OF EACH PUBLIC CHILDREN SERVICES AGENCY THAT
HAS ENTERED INTO A CONTRACT FOR SERVICES WITH THE PRIVATE CHILD PLACING AGENCY
OR PRIVATE NONCUSTODIAL AGENCY.
Sec. 5101.148. IF THE DEPARTMENT OF JOB AND FAMILY SERVICES SANCTIONS
A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE CHILD PLACING AGENCY, OR PRIVATE
NONCUSTODIAL AGENCY, IT SHALL TAKE EVERY POSSIBLE PRECAUTION TO ENSURE
THAT ANY FOSTER CHILDREN THAT HAVE BEEN PLACED BY THE AGENCY UNDER
SANCTION ARE NOT UNNECESSARILY REMOVED FROM THE CERTIFIED FOSTER HOMES IN
WHICH THEY RESIDE.
Sec. 5101.149. MONEY FROM THE CHILDREN SERVICES FUND SHALL NOT BE
USED TO PROVIDE A PERSONAL LOAN TO ANY INDIVIDUAL.
Sec. 5103.02. As used in sections 5103.03 to 5103.17 of
the Revised Code:
(A) "Institution ASSOCIATION" or "association
INSTITUTION" includes any
incorporated or unincorporated organization, society,
association, or agency, public or private, that receives or cares
for children for two or more consecutive weeks;
any individual who, for hire, gain, or reward, receives or cares
for children for two or more consecutive weeks, unless the individual is
related to them by blood or marriage; and any individual not in the
regular employ of a court, or of an
institution or association certified in accordance with section
5103.03 of the Revised Code, who in any manner becomes a party to
the placing of children in foster homes, unless the individual is
related to such children by blood or marriage, or is the appointed guardian
of such children; provided, that any organization, society,
association, school, agency, child guidance center, detention or
rehabilitation facility, or children's clinic licensed,
regulated, approved, operated under the direction of, or
otherwise certified by the department of education, a local board
of education, the department of youth services, the department of
mental health, or the department of mental retardation and
developmental disabilities, or any individual who provides care
for only a single-family group, placed there by their parents or
other relative having custody, shall not be considered as being
within the purview of these sections.
(B) "Family foster home"
has the same meaning as in section 2151.011 of
the Revised Code MEANS A FOSTER HOME THAT IS NOT A TREATMENT FOSTER
HOME.
(C) "FOSTER CAREGIVER" MEANS A PERSON HOLDING A VALID FOSTER HOME
CERTIFICATE ISSUED UNDER SECTION 5103.03 OF THE REVISED
CODE.
(D) "FOSTER HOME" MEANS A PRIVATE RESIDENCE IN WHICH CHILDREN ARE
RECEIVED APART FROM THEIR PARENTS, GUARDIAN, OR LEGAL CUSTODIAN, BY AN
INDIVIDUAL REIMBURSED FOR PROVIDING THE CHILDREN NONSECURE CARE, SUPERVISION,
OR TRAINING TWENTY-FOUR HOURS A DAY. "FOSTER HOME" DOES NOT INCLUDE CARE
PROVIDED FOR A CHILD IN THE HOME OF A PERSON OTHER THAN THE CHILD'S PARENT,
GUARDIAN, OR LEGAL CUSTODIAN WHILE THE PARENT, GUARDIAN, OR LEGAL CUSTODIAN IS
TEMPORARILY AWAY. FAMILY FOSTER HOMES AND TREATMENT FOSTER HOMES ARE TYPES OF
FOSTER HOMES.
(E) "Treatment foster home" means a family foster home that
incorporates special psychological or medical treatment designed to care for
the specific needs of the children received in the family foster home
and that
receives and cares for children who are emotionally or behaviorally disturbed,
medically fragile requiring special medical treatment due to physical ailment
or condition, mentally retarded, or developmentally disabled.
Sec. 5103.033. A family foster home may not
receive more than five children
apart from their parents, guardian, or custodian, except in order to
accommodate a sibling group or the remaining members of a sibling group.
Sec. 5103.034. ON RECEIPT OF A RECOMMENDATION FROM A PUBLIC
CHILDREN SERVICES AGENCY, PRIVATE CHILD PLACING AGENCY, OR PRIVATE
NONCUSTODIAL AGENCY REGARDING AN APPLICATION FOR, OR RENEWAL OF, A
FAMILY FOSTER HOME OR TREATMENT FOSTER HOME CERTIFICATION UNDER SECTION
5103.03 OF THE REVISED CODE, THE DEPARTMENT OF JOB AND
FAMILY
SERVICES SHALL DECIDE WHETHER TO ISSUE OR RENEW THE CERTIFICATE. THE
DEPARTMENT SHALL NOTIFY THE AGENCY AND THE APPLICANT OR CERTIFICATE HOLDER OF
ITS
DECISION. IF THE DEPARTMENT'S DECISION IS DIFFERENT FROM THE
RECOMMENDATION OF THE AGENCY, THE DEPARTMENT SHALL STATE IN THE
NOTICE THE REASON THAT THE DECISION IS DIFFERENT FROM THE
RECOMMENDATION.
Sec. 5103.035. THE FIRST TIME THAT A PRIVATE CHILD PLACING AGENCY
OR PRIVATE NONCUSTODIAL AGENCY SEEKS RENEWAL OF A CERTIFICATE ISSUED
UNDER SECTION 5103.03 OF THE REVISED CODE, IT SHALL PROVIDE
THE DEPARTMENT OF JOB AND FAMILY SERVICES, AS A CONDITION OF RENEWAL, EVIDENCE
OF AN INDEPENDENT AUDIT OF ITS FIRST YEAR OF
CERTIFICATION. THEREAFTER, WHEN AN AGENCY SEEKS RENEWAL OF ITS
CERTIFICATE, IT SHALL PROVIDE THE DEPARTMENT EVIDENCE OF AN
INDEPENDENT AUDIT FOR THE TWO MOST RECENT PREVIOUS YEARS IT IS
POSSIBLE FOR AN INDEPENDENT AUDIT TO HAVE BEEN CONDUCTED. FOR THE
AGENCY TO BE ELIGIBLE FOR RENEWAL, THE INDEPENDENT AUDITS MUST
DEMONSTRATE THAT THE AGENCY OPERATED IN A FISCALLY ACCOUNTABLE
MANNER IN ACCORDANCE WITH STATE LAWS AND RULES AND ANY AGREEMENT
BETWEEN THE AGENCY AND A PUBLIC CHILDREN SERVICES AGENCY.
Sec. 5103.036. A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE CHILD
PLACING AGENCY, OR PRIVATE NONCUSTODIAL AGENCY TO WHICH THE DUTY TO
INSPECT AND APPROVE A FAMILY FOSTER HOME OR TREATMENT FOSTER HOME HAS
BEEN DELEGATED UNDER SECTION 5103.03 OF THE REVISED CODE
SHALL
PROVIDE FOR AN ASSESSOR WHO MEETS THE REQUIREMENTS OF SECTION 3107.012 OF
THE REVISED CODE TO CONDUCT A HOME STUDY OF THE HOME.
Sec. 5103.037. NOTWITHSTANDING DIVISION (B) OF SECTION 119.032
OF THE REVISED CODE, THE DEPARTMENT OF JOB AND FAMILY
SERVICES
SHALL REVIEW ONCE EVERY TWO YEARS THE DEPARTMENT'S RULES GOVERNING VISITS AND
CONTACTS BY A PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD
PLACING AGENCY WITH A CHILD IN THE AGENCY'S CUSTODY AND PLACED IN
FOSTER CARE IN THIS STATE. THE DEPARTMENT SHALL ADOPT RULES IN
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE TO
ENSURE
COMPLIANCE WITH THE DEPARTMENT'S RULES GOVERNING AGENCY VISITS AND
CONTACTS WITH A CHILD IN ITS CUSTODY.
Sec. 5103.161. As used in this section, "permanent custody" has the same
meaning as in section 2151.011 of the Revised Code.
If a private child placing agency or public children services agency has
placed a child in a foster home or with a relative of the child, other than a
parent of the child, the agency shall notify the child's foster
parent CAREGIVER or relative if the agency seeks permanent
custody of the child, or, if
the agency already has permanent custody of the child, seeks to place the
child for adoption. The notice also shall inform the foster parent
CAREGIVER or
relative that the foster parent CAREGIVER or relative can be
considered for
adoption. If
the foster parent CAREGIVER or relative informs the agency that
the foster parent CAREGIVER or relative wants to adopt the
child, the
agency shall inform the foster parent CAREGIVER or relative of
the
process for obtaining
an application to adopt the child and that the child may be placed for
adoption in another home even if the foster parent CAREGIVER or
relative submits
the application. If the agency is given permanent custody of the child and
the foster parent CAREGIVER or relative has informed the agency
of the foster parent's CAREGIVER'S
or relative's desire to adopt the child, the agency shall consider giving
preference to an adult relative over a
nonrelative caregiver when determining an adoptive placement for the child,
provided the adult relative satisfies all relevant child protection standards
and the agency determines that the placement is
in
the child's
best interest.
Sec. 5111.20. As used in sections 5111.20 to 5111.32 of
the Revised Code:
(A) "Allowable costs" are those costs determined by the
department of job and family services to be reasonable and do not
include
fines paid under sections 5111.35 to 5111.61 and section 5111.99
of the Revised Code.
(B) "Capital costs" means costs of ownership and
nonextensive renovation.
(1) "Cost of ownership" means the actual expense incurred
for all of the following:
(a) Depreciation and interest on any capital assets that
cost five hundred dollars or more per item, including the
following:
(i) Buildings;
(ii) Building improvements that are not approved as
nonextensive renovations under section 5111.25 or 5111.251 of the
Revised Code;
(iii) Equipment;
(iv) Extensive renovations;
(v) Transportation equipment.
(b) Amortization and interest on land improvements and
leasehold improvements;
(c) Amortization of financing costs;
(d) Except as provided in division (I) of this section, lease and rent of
land, building, and equipment.
The costs of capital assets of less than five hundred dollars per item may be
considered costs of ownership in accordance with a provider's practice.
(2) "Costs of nonextensive renovation" means the actual expense incurred for
depreciation or amortization and interest on renovations that are not
extensive renovations.
(C) "Capital lease" and "operating lease" shall be construed in accordance
with generally accepted accounting principles.
(D) "Case-mix score" means the measure determined under
section 5111.231 of the Revised Code of the relative direct-care
resources needed to provide care and habilitation to a resident
of a nursing facility or intermediate care facility for the
mentally retarded.
(E) "Date of licensure," for a facility originally licensed as a
nursing home under Chapter 3721. of the Revised Code, means the
date specific beds were originally licensed as
nursing home beds under that chapter, regardless of whether they were
subsequently licensed as residential facility beds under section 5123.19
of the Revised Code. For a facility originally licensed as a
residential facility under section 5123.19 of the Revised Code,
"date of licensure" means the date specific beds were
originally licensed as residential facility beds under that section.
(1) If nursing home beds licensed under Chapter 3721. of the Revised Code or
residential facility beds licensed under section 5123.19 of the Revised Code
were not required by law to be licensed when they were originally used to
provide nursing home or residential facility services, "date of licensure"
means the date the beds first were used to provide nursing home or residential
facility services, regardless of the date the present provider obtained
licensure.
(2) If a facility adds nursing home beds or residential
facility beds or extensively renovates all or part of the
facility after its original date of licensure, it will have a
different date of licensure for the additional beds or
extensively renovated portion of the facility, unless the beds
are added in a space that was constructed at the same time as the
previously licensed beds but was not licensed under Chapter 3721.
or section 5123.19 of the Revised Code at that time.
(F) "Desk-reviewed" means that costs as reported on a cost
report submitted under section 5111.26 of the Revised Code have
been subjected to a desk review under division (A) of section
5111.27 of the Revised Code and preliminarily determined to be
allowable costs.
(G) "Direct care costs" means all of the following:
(1)(a) Costs for registered nurses, licensed practical
nurses, and nurse aides employed by the facility;
(b) Costs for direct care staff, administrative nursing
staff, medical directors, social services staff, activities
staff, psychologists and psychology assistants, social workers
and counselors, habilitation staff, qualified mental retardation
professionals, program directors, respiratory therapists,
habilitation supervisors, and except as provided in division
(G)(2) of this section, other persons holding degrees qualifying
them to provide therapy;
(c) Costs of purchased nursing services;
(d) Costs of quality assurance;
(e) Costs of training and staff development, employee
benefits, payroll taxes, and workers' compensation premiums or
costs for self-insurance claims and related costs as specified in
rules adopted by the director of job
and family services in accordance with Chapter
119. of the Revised Code, for
personnel listed in
divisions (G)(1)(a), (b), and (d) of this section;
(f) Costs of consulting and management fees related to direct care;
(g) Allocated direct care home office costs.
(2) In addition to the costs specified in division (G)(1)
of this section, for intermediate care facilities for the
mentally retarded only, direct care costs include both of the
following:
(a) Costs for physical therapists and physical therapy
assistants, occupational therapists and occupational therapy
assistants, speech therapists, and audiologists;
(b) Costs of training and staff development, employee
benefits, payroll taxes, and workers' compensation premiums or
costs for self-insurance claims and related costs as specified in
rules adopted by the director of job
and family services in accordance with Chapter
119. of the Revised Code, for personnel listed in division
(G)(2)(a) of this section.
(3) Costs of other direct-care resources that are
specified as direct care costs in rules adopted by the
director of job and family services in accordance
with Chapter 119. of the Revised
Code.
(H) "Fiscal year" means the fiscal year of this state, as
specified in section 9.34 of the Revised Code.
(I) "Indirect care costs" means all reasonable costs other
than direct care costs, other protected costs, or capital costs.
"Indirect care costs" includes but is not limited to costs of
habilitation supplies, pharmacy consultants, medical and
habilitation records, program supplies, incontinence supplies,
food, enterals, dietary supplies and personnel, laundry,
housekeeping, security, administration, liability insurance,
bookkeeping, purchasing department, human resources,
communications, travel, dues, license fees, subscriptions, home
office costs not otherwise allocated, legal services, accounting services,
minor equipment,
maintenance and repairs, help-wanted advertising, informational
advertising, start-up costs, organizational expenses, other
interest, property insurance, employee training and staff
development, employee benefits, payroll taxes, and workers' compensation
premiums or costs for self-insurance claims and related costs as
specified in rules adopted by the director of
job and family services in accordance
with Chapter 119. of the Revised Code, for personnel
listed in this division. Notwithstanding division (B)(1) of this
section, "indirect care costs" also means the cost of equipment,
including vehicles, acquired by operating lease executed before
December 1, 1992, if the costs are reported as administrative and
general costs on the facility's cost report for the cost
reporting period ending December 31, 1992.
(J) "Inpatient days" means all days during which a
resident, regardless of payment source, occupies a bed in a
nursing facility or intermediate care facility for the mentally
retarded that is included in the facility's certified capacity
under Title XIX of the "Social Security Act," 49 Stat. 610
(1935), 42 U.S.C.A. 301, as amended. Therapeutic or hospital
leave days for which payment is made under section 5111.33 of the
Revised Code are considered inpatient days proportionate to the
percentage of the facility's per resident per day rate paid for
those days.
(K) "Intermediate care facility for the mentally retarded"
means an intermediate care facility for the mentally retarded
certified as in compliance with applicable standards for the
medical assistance program by the director of health in
accordance with Title XIX of the "Social Security Act."
(L) "Maintenance and repair expenses" means, except as
provided in division (X)(2) of this section, expenditures that
are necessary and proper to maintain an asset in a normally
efficient working condition and that do not extend the useful
life of the asset two years or more. "Maintenance and repair
expenses" includes but is not limited to the cost of ordinary
repairs such as painting and wallpapering.
(M) "Nursing facility" means a facility, or a distinct
part of a facility, that is certified as a nursing facility by
the director of health in accordance with Title XIX of the
"Social Security Act," and is not an intermediate care facility
for the mentally retarded. "Nursing facility" includes a
facility, or a distinct part of a facility, that is certified as
a nursing facility by the director of health in accordance with
Title XIX of the "Social Security Act," and is certified as a
skilled nursing facility by the director in accordance with Title
XVIII of the "Social Security Act."
(N) "Other protected costs" means costs for medical
supplies; real estate, franchise, and property taxes; natural
gas, fuel oil, water, electricity, sewage, and refuse and
hazardous medical waste collection; allocated other protected home office
costs; and any additional costs
defined as other protected costs in rules adopted by the
director of job and family
services in accordance with Chapter 119. of
the Revised Code.
(O) "Owner" means any person or government entity that has
at least five per cent ownership or interest, either directly,
indirectly, or in any combination, in a nursing facility or
intermediate care facility for the mentally retarded.
(P) "Patient" includes "resident."
(Q) Except as provided in divisions (Q)(1) and (2) of this
section, "per diem" means a nursing facility's or intermediate
care facility for the mentally retarded's actual, allowable costs
in a given cost center in a cost reporting period, divided by the
facility's inpatient days for that cost reporting period.
(1) When calculating indirect care costs for the purpose
of establishing rates under section 5111.24 or 5111.241 of the
Revised Code, "per diem" means a facility's actual, allowable
indirect care costs in a cost reporting period divided by the
greater of the facility's inpatient days for that period or the
number of inpatient days the facility would have had during that
period if its occupancy rate had been eighty-five per cent.
(2) When calculating capital costs for the purpose of
establishing rates under section 5111.25 or 5111.251 of the
Revised Code, "per diem" means a facility's actual, allowable
capital costs in a cost reporting period divided by the greater
of the facility's inpatient days for that period or the number of
inpatient days the facility would have had during that period if
its occupancy rate had been ninety-five per cent.
(R) "Provider" means a person or government entity that
operates a nursing facility or intermediate care facility for the
mentally retarded under a provider agreement.
(S) "Provider agreement" means a contract between the
department of job and family services and a nursing facility or
intermediate care facility for the mentally retarded for the
provision of nursing facility services or intermediate care
facility services for the mentally retarded under the medical
assistance program.
(T) "Purchased nursing services" means services that are
provided in a nursing facility by registered nurses, licensed
practical nurses, or nurse aides who are not employees of the
facility.
(U) "Reasonable" means that a cost is an actual cost that
is appropriate and helpful to develop and maintain the operation
of patient care facilities and activities, including normal
standby costs, and that does not exceed what a prudent buyer pays
for a given item or services. Reasonable costs may vary from
provider to provider and from time to time for the same provider.
(V) "Related party" means an individual or organization
that, to a significant extent, has common ownership with, is
associated or affiliated with, has control of, or is controlled
by, the provider.
(1) An individual who is a relative of an owner is a
related party.
(2) Common ownership exists when an individual or
individuals possess significant ownership or equity in both the
provider and the other organization. Significant ownership or
equity exists when an individual or individuals possess five per
cent ownership or equity in both the provider and a supplier.
Significant ownership or equity is presumed to exist when an
individual or individuals possess ten per cent ownership or
equity in both the provider and another organization from which
the provider purchases or leases real property.
(3) Control exists when an individual or organization has
the power, directly or indirectly, to significantly influence or
direct the actions or policies of an organization.
(4) An individual or organization that supplies goods or
services to a provider shall not be considered a related party if
all of the following conditions are met:
(a) The supplier is a separate bona fide organization.
(b) A substantial part of the supplier's business activity
of the type carried on with the provider is transacted with
others than the provider and there is an open, competitive market
for the types of goods or services the supplier furnishes.
(c) The types of goods or services are commonly obtained
by other nursing facilities or intermediate care facilities for
the mentally retarded from outside organizations and are not a
basic element of patient care ordinarily furnished directly to
patients by the facilities.
(d) The charge to the provider is in line with the charge
for the goods or services in the open market and no more than the
charge made under comparable circumstances to others by the
supplier.
(W) "Relative of owner" means an individual who is related
to an owner of a nursing facility or intermediate care facility
for the mentally retarded by one of the following relationships:
(1) Spouse;
(2) Natural parent, child, or sibling;
(3) Adopted parent, child, or sibling;
(4) Step-parent, step-child, step-brother, or step-sister;
(5) Father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, or sister-in-law;
(6) Grandparent or grandchild;
(7) Foster parent CAREGIVER, foster child, foster brother, or
foster
sister.
(X) "Renovation" and "extensive renovation" mean:
(1) Any betterment, improvement, or restoration of a
nursing facility or intermediate care facility for the mentally
retarded started before July 1, 1993, that meets the definition
of a renovation or extensive renovation established in rules
adopted by the director of job and
family services in effect on December 22, 1992.
(2) In the case of betterments, improvements, and
restorations of nursing facilities and intermediate care
facilities for the mentally retarded started on or after July 1,
1993:
(a) "Renovation" means the betterment, improvement, or
restoration of a nursing facility or intermediate care facility
for the mentally retarded beyond its current functional capacity
through a structural change that costs at least five hundred
dollars per bed. A renovation may include betterment,
improvement, restoration, or replacement of assets that are
affixed to the building and have a useful life of at least five
years. A renovation may include costs that otherwise would be
considered maintenance and repair expenses if they are an
integral part of the structural change that makes up the
renovation project. "Renovation" does not mean construction of
additional space for beds that will be added to a facility's
licensed or certified capacity.
(b) "Extensive renovation" means a renovation that costs
more than sixty-five per cent and no more than eighty-five per
cent of the cost of constructing a new bed and that extends the
useful life of the assets for at least ten years.
For the purposes of division (X)(2) of this section, the
cost of constructing a new bed shall be considered to be forty
thousand dollars, adjusted for the estimated rate of inflation
from January 1, 1993, to the end of the calendar year during
which the renovation is completed, using the consumer price index
for shelter costs for all urban consumers for the north central
region, as published by the United States bureau of labor
statistics.
The department of job and family services may treat a renovation
that costs more than eighty-five per cent of the cost of
constructing new beds as an extensive renovation if the
department determines that the renovation is more prudent than
construction of new beds.
Sec. 5123.77. (A) Pending his removal to an institution, a person
taken into
custody or ordered to be institutionalized pursuant to this chapter may be
held
in his THE PERSON'S home, a family CERTIFIED
foster home, licensed rest or
nursing home, a county
home, or a facility used for detention, but he THE PERSON shall
be kept separate from
persons charged with or convicted of penal offenses.
(B) Whenever any person is taken into custody under this chapter, the person
in charge of the institution or facility in which that person is temporarily
held under division (A) of this section immediately shall notify that person's
legal guardian, spouse, or next of kin and his THE PERSON'S
counsel, if such can be
ascertained.
Sec. 5153.01. (A) As used in the Revised Code, "public
children services agency" means an entity specified in section 5153.02 of the
Revised Code that has assumed
the powers and duties of the children services function
prescribed by this chapter for a county.
(B) As used in this chapter:
(1) "Babysitting care" means care provided for a child
while the parents, guardian, or legal custodian of the child are
temporarily away.
(2) "Certified family foster home" means a family foster
home
operated by a person holding a certificate issued pursuant to,
AS DEFINED IN SECTION 5103.02 OF THE REVISED CODE,
CERTIFIED UNDER
section 5103.03 of the Revised Code that is in
full force and effect.
(3)(2) "Certified organization" means any organization
holding a
certificate issued pursuant to section 5103.03 of the
Revised Code that is in full force and effect.
(4)(3) "Child" means any person under eighteen years of age
or a mentally or physically handicapped person, as defined by
rule adopted by the director of
job and family services, under twenty-one years
of age.
(5)(4) "Executive director" means the person charged with the
responsibility of administering the powers and duties of a public children
services agency appointed
pursuant to section 5153.10 of the Revised Code.
(6) "Family foster home" means a private residence in
which children are received apart from their parents, guardian,
or legal custodian by an individual for hire, gain, or reward for
nonsecure care, supervision, or training twenty-four hours a day.
"Family foster home" does not include babysitting care provided
for a child in the home of a person other than the home of the
parents, guardian, or legal custodian of the child.
(7) "Foster home" means a family home in which any child
is received, apart from the child's parents, for care,
supervision, or training.
(8)(5) "Organization" means any public, semipublic, or
private
institution, including maternity homes and day nurseries, and
any private association, society, or agency, located or
operating in this state, incorporated or unincorporated, having
among its functions the furnishing of protective services or
care for children or the placement of children in CERTIFIED foster
homes
or elsewhere.
Sec. 5153.112. A PUBLIC CHILDREN SERVICES AGENCY MAY
HIRE AS CASEWORKERS ONLY PERSONS WHO HAVE OBTAINED AN UNDERGRADUATE DEGREE IN
SOCIAL WORK, SOCIOLOGY, PSYCHOLOGY, REHABILITATION, CHILD AND FAMILY
COMMUNITY SERVICES, HEALTH RELATED STUDIES, OR OTHER HUMAN
SERVICES RELATED STUDIES. THIS SECTION APPLIES ONLY TO PERSONS
HIRED ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
Sec. 5153.131. A public children services
agency may procure a policy or
policies of insurance insuring employees of the
agency,
volunteers, foster parents CAREGIVERS associated with the
agency, and, if a county children services board is the public
children services agency, board members against
liability
arising from the performance of their official duties.
Sec. 5153.16. (A) Except as provided in section 2151.422 of the Revised
Code, in accordance with rules of the department of job and family
services, and on
behalf of children in the county whom the
public children services agency considers to be in need of public care
or protective services, the public children services agency shall do all of
the following:
(1) Make an investigation concerning any child alleged to be an abused,
neglected, or dependent child;
(2) Enter into agreements with the parent, guardian, or
other person having legal custody of any child, or with the
department of job and family services, department of mental health,
department of mental retardation and developmental disabilities,
other department, any certified organization within or outside
the county, or any agency or institution outside the state,
having legal custody of any child, with respect to the custody,
care, or placement of any child, or with respect to any
matter, in the interests of the child, provided the permanent
custody of a child shall not be transferred by a parent to the
public children services agency
without the consent of the juvenile court;
(3) Accept custody of children committed to the public children services
agency by a court
exercising juvenile jurisdiction;
(4) Provide such care as the
public children services agency considers to be in the best interests
of any child adjudicated to be an abused, neglected, or dependent child
the agency
finds to be in need of public care or service;
(5) Provide social services to any unmarried girl
adjudicated to be
an abused, neglected, or dependent child who is pregnant with or has been
delivered of a child;
(6) Make available to the bureau for children with medical
handicaps of the department of health at its request any
information concerning a crippled child found to be in need of
treatment under sections 3701.021 to 3701.028 of the Revised Code
who is receiving services from the public
children services agency;
(7) Provide temporary emergency care for any child
considered by the public children
services agency to be in need of such care, without agreement or
commitment;
(8) Find family CERTIFIED foster homes, within or outside the
county, for the care of children, including handicapped children
from other counties attending special schools in the county;
(9) Subject to the approval of the board of county
commissioners and the state department of job and family services,
establish and operate a training school or enter into an
agreement with any municipal corporation or other political
subdivision of the county respecting the operation, acquisition,
or maintenance of any children's home, training school, or other
institution for the care of children maintained by such municipal
corporation or political subdivision;
(10) Acquire and operate a county children's home,
establish, maintain, and operate a receiving home for the
temporary care of children, or procure family CERTIFIED foster
homes for
this purpose;
(11) Enter into an agreement with the trustees of any
district children's home, respecting the operation of the
district children's home in cooperation with the other county
boards in the district;
(12) Cooperate with, make its services available to, and
act as the agent of persons, courts, the department of job and family
services, the department of health, and other organizations
within and outside the state, in matters relating to the welfare
of children, except that the public children services agency shall
not be required to provide supervision of or other services related to the
exercise of companionship or visitation rights granted pursuant to section
3109.051, 3109.11, or 3109.12 of the Revised Code unless a
juvenile court, pursuant to Chapter 2151. of the Revised
Code, or a common pleas court, pursuant to division (E)(6)
of section 3113.31 of the Revised Code, requires the provision of
supervision or other
services related
to the exercise of the companionship or visitation rights;
(13) Make investigations at the request of any
superintendent of schools in the county or the principal of any
school concerning the application of any child adjudicated to be an abused,
neglected, or dependent child for release from school, where such service
is not provided through a school attendance department;
(14) Administer funds provided under Title IV-E of the
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as
amended, in accordance with rules adopted under section 5101.141 of the Revised
Code;
(15) In addition to administering Title IV-E adoption
assistance funds, enter into agreements to make adoption
assistance payments under section 5153.163 of the Revised Code;
(16) Implement a system of risk assessment, in accordance with
rules adopted by the director of
job and family
services, to assist the public
children services agency in determining the risk of abuse or neglect to a
child;
(17) Enter into a plan of cooperation with the board of
county commissioners under section 307.983 of the Revised Code and comply with
the partnership agreement the board enters into under section 307.98 of the
Revised Code and contracts the board enters into under sections 307.981 and
307.982 of the Revised Code that affect the public children services
agency;
(18) Make reasonable efforts to prevent the removal of an alleged or
adjudicated abused, neglected, or dependent child from the child's home,
eliminate the continued removal of the child from the child's home, or make it
possible for the child to return home safely, except that reasonable
efforts of that nature are not required when a court has made a determination
under
division (A)(2) of section 2151.419 of the Revised Code;
(19) Make reasonable efforts to place the child in a
timely manner in accordance with the permanency plan approved
under division (E) of section
2151.417 of the Revised Code and to complete whatever
steps are necessary to finalize the permanent placement of the
child.
(B) The public children services agency shall use the system
implemented pursuant to division (B)(16) of this section in
connection with an investigation undertaken pursuant to division
(F)(1) of section 2151.421 of the Revised Code and
may use the system at any other time the agency is involved with any child
when the agency determines that risk assessment is necessary.
(C) Except as provided in section 2151.422 of the Revised Code,
in accordance with rules of the director of
job and family services, and on
behalf of children in the county whom the public children services agency
considers to be in need of public care or protective services, the public
children services agency may do the following:
(1) Provide or find, with other
child serving systems, treatment foster care for the care of children in a
treatment foster home, as defined in section 5103.02 of the Revised
Code, CERTIFIED UNDER SECTION 5103.03 of the Revised Code;
(2)(a) Except as limited by divisions (C)(2)(b) and
(c) of this section, contract with the following for the purpose of assisting
the agency with its duties:
(i) County departments of job and family services;
(ii) Boards of alcohol, drug addiction, and mental
health services;
(iii) County boards of mental retardation and
developmental disabilities;
(iv) Regional councils of political subdivisions
established under Chapter 167. of the Revised Code;
(v) Private and government providers of services;
(vi) Managed care organizations and prepaid health plans.
(b) A public children services agency contract
under division (C)(2)(a) of this section regarding the agency's duties under
section 2151.421 of the Revised Code may not provide for the
entity under contract with the agency to perform any service not
authorized by the department's rules.
(c) Only a county children services board
appointed under section 5153.03 of the Revised Code that is a public children
services agency may contract under division (C)(2)(a) of this section. If an
entity specified in division (B) or (C) of section 5153.02 of the Revised Code
is the public children services agency for a county, the board of county
commissioners may enter into contracts pursuant to section 307.982 of the
Revised Code regarding the agency's duties.
Sec. 5153.161. Care provided by the public children
services
agency under
division (A)(4) of section
5153.16 of the Revised Code shall be provided by the agency, by its own
means or through other available
resources, in the
child's own home, in the home of a relative, or in a certified family
foster
home, any other home approved by the court, receiving home, school, hospital,
convalescent home, or other public or private institution within or outside
the county or state.
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
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. THE DIRECTOR SHALL NOT DISCLOSE ANY
INFORMATION PURSUANT TO SECTION 5153.172 of the Revised Code IF A JUDGE
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.
Sec. 5153.60. THE DEPARTMENT OF JOB AND FAMILY SERVICES SHALL
ESTABLISH A STATEWIDE PROGRAM THAT PROVIDES THE TRAINING
SECTION 5153.122 of the Revised Code REQUIRES PUBLIC CHILDREN
SERVICES AGENCY CASEWORKERS AND SUPERVISORS TO COMPLETE. THE PROGRAM SHALL BE
CALLED THE "OHIO CHILD WELFARE TRAINING PROGRAM."
Sec. 5153.61. EACH FISCAL BIENNIUM, THE DEPARTMENT OF JOB AND FAMILY
SERVICES SHALL CONTRACT WITH AN ENTITY TO SERVE AS THE TRAINING
COORDINATOR FOR THE OHIO CHILD WELFARE TRAINING PROGRAM. THE
TRAINING COORDINATOR SHALL DEVELOP, IMPLEMENT, AND MANAGE THE TRAINING
PROGRAM. THE DEPARTMENT SHALL SELECT THE ENTITY FROM THE
CANDIDATES SELECTED PURSUANT TO SECTION 5153.63 OF THE REVISED
CODE. A CONTRACT ENTERED INTO UNDER THIS SECTION SHALL BE
EFFECTIVE ON THE FIRST DAY OF THE BIENNIUM FOR WHICH IT IS ENTERED
INTO AND TERMINATE ON THE LAST DAY OF THAT BIENNIUM.
Sec. 5153.62. BEFORE THE BEGINNING OF EACH FISCAL BIENNIUM, THE
DEPARTMENT OF JOB AND FAMILY SERVICES SHALL DEVELOP AND ISSUE A REQUEST
FOR PROPOSALS FOR THE DEVELOPMENT, IMPLEMENTATION, AND MANAGEMENT, AS
TRAINING COORDINATOR, OF THE OHIO CHILD WELFARE TRAINING PROGRAM
DURING THE BIENNIUM. THE DEPARTMENT SHALL DEVELOP THE REQUEST FOR PROPOSALS
IN CONSULTATION WITH INDIVIDUALS DESIGNATED UNDER SECTION
5153.64 OF THE REVISED CODE.
Sec. 5153.63. BEFORE THE BEGINNING OF EACH FISCAL BIENNIUM, THE
INDIVIDUALS DESIGNATED UNDER SECTION 5153.64 OF THE REVISED
CODE SHALL
REVIEW ALL RESPONSES TO THE REQUEST FOR PROPOSALS ISSUED UNDER SECTION
5153.62 OF THE REVISED CODE FOR THE BIENNIUM AND RECOMMEND
TO THE
DEPARTMENT OF JOB AND FAMILY SERVICES THOSE ENTITIES THAT MEET THE
REQUIREMENTS OF THE
REQUEST.
Sec. 5153.64. THE DIRECTOR OF JOB AND FAMILY SERVICES SHALL
SELECT REPRESENTATIVES FROM THE FOLLOWING ORGANIZATIONS TO PERFORM
THE CONSULTATION AND RECOMMENDATION DUTIES UNDER SECTIONS 5153.62
AND 5153.63 OF THE REVISED CODE:
(A) REGIONAL TRAINING CENTERS ESTABLISHED UNDER SECTION 5153.72
OF THE REVISED CODE;
(B) STAFF OF PUBLIC CHILDREN SERVICES AGENCIES;
(C) STAFF OF THE STATE DEPARTMENT OF JOB AND FAMILY SERVICES.
Sec. 5153.65. THE ENTITY CONTRACTED WITH TO
SERVE AS THE TRAINING COORDINATOR FOR THE OHIO CHILD WELFARE TRAINING
PROGRAM
SHALL DO ALL THE FOLLOWING AS PART OF ITS DUTIES UNDER THE
CONTRACT:
(A) ADMINISTER, COORDINATE, AND EVALUATE ALL TRAINING PROGRAM
ACTIVITIES UNDER THE PROGRAM;
(B) DEVELOP TRAINING CURRICULUM, RESOURCES, AND PRODUCTS;
(C) PROVIDE FISCAL MANAGEMENT AND TECHNICAL ASSISTANCE TO
REGIONAL TRAINING CENTERS ESTABLISHED UNDER SECTION 5153.72 OF THE
REVISED CODE;
(D) COOPERATE WITH THE REGIONAL TRAINING CENTERS TO SCHEDULE
TRAINING SESSIONS, PROVIDE NOTICES OF TRAINING SESSIONS, AND PROVIDE
TRAINING MATERIALS;
(E) EMPLOY AND COMPENSATE TRAINING SESSION INSTRUCTORS;
(F) CREATE INDIVIDUAL TRAINING NEEDS ASSESSMENT FORMS FOR USE
PURSUANT TO SECTIONS 5153.75 AND 5153.76 OF THE REVISED
CODE;
(G) CONDUCT ANY OTHER ACTIVITIES NECESSARY FOR THE DEVELOPMENT,
IMPLEMENTATION, AND MANAGEMENT OF THE TRAINING PROGRAM.
Sec. 5153.66. THE DIRECTOR OF JOB AND FAMILY SERVICES SHALL
ESTABLISH THE TRAINING PROGRAM STEERING COMMITTEE. SECTION 101.84 OF
THE REVISED CODE DOES NOT APPLY TO THE COMMITTEE.
Sec. 5153.67. (A) THE DIRECTOR OF JOB AND FAMILY SERVICES SHALL
APPOINT THE FOLLOWING TO SERVE ON THE TRAINING PROGRAM STEERING COMMITTEE:
(1) EMPLOYEES OF THE DEPARTMENT OF JOB AND FAMILY SERVICES;
(2) EMPLOYEES OF REGIONAL TRAINING CENTERS ESTABLISHED
UNDER SECTION 5153.72 OF THE REVISED CODE;
(3) A REPRESENTATIVE OF AN
ORGANIZATION THAT REPRESENTS THE INTERESTS OF PUBLIC CHILDREN
SERVICES AGENCIES;
(4) A REPRESENTATIVE OF THE ENTITY CONTRACTED WITH
TO SERVE AS THE TRAINING COORDINATOR FOR THE OHIO CHILD WELFARE
TRAINING PROGRAM;
(5) TWO EMPLOYEES OF PUBLIC CHILDREN SERVICES
AGENCIES.
(B) ALL INITIAL
APPOINTMENTS REQUIRED TO BE MADE UNDER THIS SECTION SHALL BE MADE
NO LATER THAN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS
SECTION.
THE REPRESENTATIVE OF AN ENTITY CONTRACTED WITH TO SERVE AS THE
TRAINING COORDINATOR SHALL SERVE ON THE COMMITTEE UNTIL THE DEPARTMENT
OF JOB AND FAMILY SERVICES CONTRACTS WITH A DIFFERENT ENTITY TO SERVE AS THE
TRAINING
COORDINATOR.
THE ENTITY UNDER CONTRACT ON THE EFFECTIVE DATE OF THIS SECTION TO
COORDINATE TRAINING FOR CASEWORKERS AND SUPERVISORS IN THE STATE SHALL
BE CONSIDERED THE ENTITY THAT CONTRACTS WITH THE DEPARTMENT TO SERVE AS
THE TRAINING COORDINATOR FOR THE OHIO CHILD WELFARE TRAINING
PROGRAM.
Sec. 5153.68. AFTER THE TRAINING PROGRAM STEERING COMMITTEE IS
APPOINTED UNDER SECTION 5153.67 OF THE REVISED CODE, THE
DIRECTOR OF JOB
AND FAMILY SERVICES SHALL CALL THE COMMITTEE TO MEET FOR THE PURPOSE OF
ADOPTING
BYLAWS GOVERNING THE OPERATION OF THE COMMITTEE. THE
BYLAWS SHALL INCLUDE PROVISIONS ADDRESSING THE COMMITTEE'S
GOVERNING STRUCTURE, SUBCOMMITTEES, FREQUENCY OF MEETINGS, AND
AMENDMENT OF THE BYLAWS. THE COMMITTEE SHALL ADOPT THE BYLAWS, PURSUANT TO
SECTION
111.15 OF THE REVISED CODE, BY MAJORITY VOTE OF ALL MEMBERS
OF THE COMMITTEE. THE COMMITTEE SHALL ADOPT THE BYLAWS NO LATER THAN ONE
HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION.
Sec. 5153.69. THE TRAINING PROGRAM STEERING COMMITTEE SHALL
MONITOR AND EVALUATE
THE OHIO CHILD WELFARE TRAINING PROGRAM TO ENSURE THAT THE PROGRAM IS
A
COMPETENCY-BASED TRAINING SYSTEM THAT SATISFIES THE TRAINING REQUIREMENTS FOR
PUBLIC CHILDREN SERVICES AGENCY CASEWORKERS AND
SUPERVISORS UNDER SECTION 5153.122 OF THE REVISED CODE.
Sec. 5153.70. THE DEPARTMENT OF JOB AND FAMILY SERVICES SHALL
OVERSEE THE OPERATION OF THE ENTITY CONTRACTED WITH UNDER SECTION 5153.61 OF
THE REVISED CODE REGARDING THE DEVELOPMENT, IMPLEMENTATION,
AND MANAGEMENT OF THE OHIO
CHILD WELFARE TRAINING PROGRAM.
Sec. 5153.71. PRIOR TO THE BEGINNING OF THE FISCAL BIENNIUM THAT FIRST
FOLLOWS
THE EFFECTIVE DATE OF THIS SECTION, THE
DEPARTMENT OF JOB AND FAMILY SERVICES, IN CONSULTATION WITH THE
TRAINING PROGRAM STEERING COMMITTEE, SHALL DESIGNATE EIGHT TRAINING REGIONS IN
THE
STATE. THE DEPARTMENT MAY CHANGE THE TRAINING REGIONS AS NEEDED.
EACH TRAINING REGION SHALL CONTAIN ONLY ONE REGIONAL TRAINING
CENTER ESTABLISHED AND MAINTAINED UNDER SECTION 5153.72 OF THE
REVISED CODE.
Sec. 5153.72. PRIOR TO THE BEGINNING OF THE FISCAL BIENNIUM THAT FIRST
FOLLOWS
THE EFFECTIVE DATE OF THIS SECTION,
THE PUBLIC CHILDREN SERVICES AGENCIES OF ATHENS, CUYAHOGA,
FRANKLIN, GREENE, GUERNSEY, HAMILTON,
LUCAS, AND SUMMIT COUNTIES SHALL EACH ESTABLISH AND MAINTAIN
A REGIONAL TRAINING CENTER. AT ANY TIME AFTER THE BEGINNING
OF THAT BIENNIUM, THE DEPARTMENT OF JOB AND FAMILY SERVICES, ON THE
RECOMMENDATION OF THE TRAINING PROGRAM
STEERING COMMITTEE, MAY DIRECT A PUBLIC CHILDREN SERVICES AGENCY
TO ESTABLISH AND MAINTAIN A TRAINING CENTER TO REPLACE THE CENTER ESTABLISHED
BY AN AGENCY UNDER THIS SECTION. THERE MAY BE NO MORE AND NO LESS THAN EIGHT
CENTERS IN EXISTENCE AT ANY TIME.
Sec. 5153.73. THE EXECUTIVE DIRECTOR OF EACH PUBLIC CHILDREN
SERVICES AGENCY REQUIRED TO ESTABLISH AND MAINTAIN A REGIONAL TRAINING
CENTER SHALL APPOINT A MANAGER TO OPERATE THE TRAINING CENTER IN
ACCORDANCE WITH SECTION 5153.74 OF THE REVISED CODE.
Sec. 5153.74. A REGIONAL TRAINING CENTER SHALL DO ALL THE
FOLLOWING:
(A) SECURE FACILITIES SUITABLE FOR CONDUCTING TRAINING PROGRAMS
AND SESSIONS;
(B) PROVIDE ADMINISTRATIVE SERVICES AND PAY ALL ADMINISTRATIVE
COSTS RELATED TO THE CONDUCT OF TRAINING PROGRAMS AND SESSIONS;
(C) MAINTAIN A DATABASE OF THE DATA CONTAINED IN THE INDIVIDUAL
TRAINING NEEDS ASSESSMENTS
FOR EACH CASEWORKER AND SUPERVISOR EMPLOYED BY A PUBLIC CHILDREN
SERVICES AGENCY LOCATED IN THE TRAINING REGION SERVED BY THE
CENTER;
(D) ASSESS TRAINING NEEDS OF CASEWORKERS AND SUPERVISORS EMPLOYED
BY A PUBLIC CHILDREN SERVICES AGENCY LOCATED IN
THE TRAINING
REGION SERVED BY THE CENTER;
(E) COOPERATE WITH THE ENTITY CONTRACTED WITH
UNDER SECTION 5153.61 OF THE REVISED CODE IN COORDINATING
TRAINING PROGRAMS AND SESSIONS AT THE CENTER.
Sec. 5153.75. EACH SUPERVISOR EMPLOYED BY A PUBLIC CHILDREN
SERVICES AGENCY THAT SUPERVISES THE WORK OF A CASEWORKER EMPLOYED BY THE
AGENCY SHALL WORK WITH THE CASEWORKER TO DETERMINE THE
CASEWORKER'S TRAINING NEEDS IN ACCORDANCE WITH, AND ENSURE THE
CASEWORKER'S COMPLIANCE WITH, THE TRAINING REQUIREMENTS OF SECTION
5153.122 OF THE REVISED CODE. ONCE EVERY TWO YEARS, THE
SUPERVISOR SHALL COMPLETE
AN INDIVIDUAL TRAINING NEEDS ASSESSMENT FORM
CREATED
UNDER SECTION 5153.65 OF THE REVISED CODE.
Sec. 5153.76. THE EXECUTIVE DIRECTOR OF EACH PUBLIC CHILDREN
SERVICES AGENCY SHALL WORK WITH EACH SUPERVISOR EMPLOYED
BY THE AGENCY TO DETERMINE THE SUPERVISOR'S TRAINING NEEDS IN ACCORDANCE
WITH, AND ENSURE THE SUPERVISOR'S COMPLIANCE WITH, THE TRAINING
REQUIREMENTS OF SECTION 5153.122 OF THE REVISED CODE. ONCE
EVERY TWO YEARS, THE
EXECUTIVE DIRECTOR SHALL COMPLETE
AN INDIVIDUAL TRAINING NEEDS
ASSESSMENT FORM CREATED UNDER SECTION 5153.65 OF THE
REVISED CODE FOR EACH SUPERVISOR.
Sec. 5153.77. THE EXECUTIVE DIRECTOR OF EACH PUBLIC CHILDREN
SERVICES AGENCY SHALL COLLECT AND MAINTAIN THE DATA FROM INDIVIDUAL TRAINING
NEEDS ASSESSMENT
FORMS COMPLETED UNDER SECTIONS 5153.75 AND 5153.76 OF THE REVISED
CODE FOR EACH SUPERVISOR AND CASE WORKER EMPLOYED
BY THE AGENCY. THE DIRECTOR SHALL COMPILE AND FORWARD THE DATA COLLECTED FROM
THE COMPLETED
ASSESSMENT FORMS TO THE REGIONAL TRAINING CENTER LOCATED IN THE
SAME TRAINING REGION AS THE AGENCY.
Sec. 5153.78. (A) AS USED IN THIS SECTION:
(1) "TITLE IV-B" MEANS TITLE
IV-B OF THE "SOCIAL
SECURITY ACT OF 1967," 81 STAT.
821, 42 U.S.C. 620, AS AMENDED.
(2) "TITLE IV-E" MEANS TITLE
IV-E OF THE "SOCIAL SECURITY
ACT," 94 STAT. 501, 42 U.S.C.
670(1980).
(3) "TITLE XX" HAS THE SAME MEANING AS IN SECTION 5101.46 OF THE
REVISED CODE.
(B) FOR PURPOSES OF FUNDING THE
OHIO CHILD WELFARE TRAINING PROGRAM,
THE DEPARTMENT OF JOB AND FAMILY SERVICES SHALL USE THE
FOLLOWING AS NEEDED TO ADEQUATELY FUND THE OHIO CHILD WELFARE
TRAINING PROGRAM:
(1) THE FEDERAL FINANCIAL PARTICIPATION FUNDS WITHHELD PURSUANT
TO DIVISION (D) OF SECTION 5101.141 OF THE REVISED
CODE IN AN AMOUNT DETERMINED BY THE DEPARTMENT;
(2) FUNDS AVAILABLE UNDER TITLE
XX, TITLE IV-B, AND TITLE
IV-E TO PAY FOR TRAINING COSTS;
(3) ANY OTHER AVAILABLE STATE OR FEDERAL FUNDS.
Section 2. That existing sections 109.572, 117.13, 121.22, 149.43, 305.14,
307.441, 2151.011, 2151.312, 2151.331, 2151.34, 2151.353, 2151.411, 2151.414,
2151.418, 2151.421, 2151.424, 2151.55, 2151.554, 2151.62, 2151.86,
2317.02, 2907.08, 3107.012, 3107.02, 3107.13, 3107.14, 3313.472, 3313.64,
3323.01, 4731.22, 5101.14, 5101.141, 5101.143, 5103.02, 5103.033, 5103.161,
5111.20, 5123.77, 5153.01, 5153.131, 5153.16, and 5153.161 of the
Revised Code are hereby repealed.
Section 3. Section 5153.161 of the Revised Code is presented in
this act
as a composite of that section as amended by both
Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General Assembly, with the
new language of
neither of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
Section 4. Sections 149.43, 307.441, 2151.011, 2151.353, 2151.421, 2151.86,
3107.13, 3313.64, 5101.14, 5101.141, 5101.143, 5103.02, 5111.20, 5153.01, and
5153.16 of the Revised Code are amended by this act and also by Am. Sub. H.B.
470 or H.B. 471 of the 123rd General Assembly (both effective July 1, 2000).
The
amendments of H.B. 470 and H.B. 471 are included in this act in lower case to
confirm the intention to retain them, but are not intended to be effective
until July 1, 2000.
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