Laws, Acts, and Legislation

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-

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:

(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:

(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 EIGHTEEN 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 THAT THE PERSON HAS BEEN CONVICTED OF OR PLEADED GUILTY TO A VIOLATION OF:

(b) 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.

(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.

(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.

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~~ AS USED IN THIS DIVISION, "GOVERNMENT AUDITING STANDARDS" MEANS THE GOVERNMENT AUDITING STANDARDS PUBLISHED BY THE COMPTROLLER GENERAL OF THE UNITED STATES GENERAL ACCOUNTING OFFICE.

(1) EXCEPT AS PROVIDED IN DIVISIONS (B)(2) AND (3) 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) IF AN AUDIT OF A PRIVATE CHILD PLACING AGENCY OR PRIVATE NONCUSTODIAL AGENCY RECEIVING PUBLIC MONEY FROM A PUBLIC CHILDREN SERVICES AGENCY FOR PROVIDING CHILD WELFARE OR CHILD PROTECTION SERVICES SETS FORTH THAT MONEY HAS BEEN ILLEGALLY EXPENDED, CONVERTED, MISAPPROPRIATED, OR IS UNACCOUNTED FOR, THE COSTS OF THE AUDIT SHALL BE CHARGED TO THE AGENCY BEING AUDITED IN THE SAME MANNER AS COSTS OF AN AUDIT OF A PUBLIC OFFICE, UNLESS THE FINDINGS ARE INCONSEQUENTIAL, AS DEFINED BY GOVERNMENT AUDITING STANDARDS.

(3) IF SUCH AN AUDIT DOES NOT SET FORTH THAT MONEY HAS BEEN ILLEGALLY EXPENDED, CONVERTED, MISAPPROPRIATED, OR IS UNACCOUNTED FOR OR SETS FORTH FINDINGS THAT ARE INCONSEQUENTIAL, AS DEFINED BY GOVERNMENT AUDITING STANDARDS, THE COSTS OF THE AUDIT SHALL BE CHARGED AS FOLLOWS:

(b) ONE-THIRD OF THE COSTS TO THE PUBLIC CHILDREN SERVICES AGENCY THAT PROVIDED THE PUBLIC MONEY TO THE AGENCY BEING AUDITED;

(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;

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.

(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.

(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.

(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:

(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. 121.37. (A)(1) There is hereby created the Ohio family and children first cabinet council. The council shall be composed of the superintendent of public instruction and the directors of youth services, job and family services, mental health, health, alcohol and drug addiction services, mental retardation and developmental disabilities, and budget and management. The chairperson of the council shall be the governor or the governor's designee and shall establish procedures for the council's internal control and management.

(2) The purpose of the cabinet council is to help families seeking government services. This section shall not be interpreted or applied to usurp the role of parents, but solely to streamline and coordinate existing government services for families seeking assistance for their children.

(a) Advise and make recommendations to the governor and general assembly regarding the provision of services to children;

(b) Advise and assess local governments on the coordination of service delivery to children;

(c) Hold meetings at such times and places as may be prescribed by the council's procedures and maintain records of the meetings, except that records identifying individual children are confidential and shall be disclosed only as provided by law;

(d) Develop programs and projects, including pilot projects, to encourage coordinated efforts at the state and local level to improve the state's social service delivery system;

(e) Enter into contracts with and administer grants to county family and children first councils, as well as other county or multicounty organizations to plan and coordinate service delivery between state agencies and local service providers for families and children;

(f) Enter into contracts with and apply for grants from federal agencies or private organizations;

(g) Enter into interagency agreements to encourage coordinated efforts at the state and local level to improve the state's social service delivery system. The agreements may include provisions regarding the receipt, transfer, and expenditure of funds.

(a) Reviews of service and treatment plans for children for which such reviews are requested;

(b) Assistance as the council determines to be necessary to meet the needs of children referred by county family and children first councils;

(c) Monitoring and supervision of a statewide, comprehensive, coordinated, multi-disciplinary, interagency system for infants and toddlers with developmental disabilities or delays and their families, as established pursuant to federal grants received and administered by the department of health for early intervention services under the "Education of the Handicapped Act Amendments of 1986," 100 Stat. 1145 (1986), 20 U.S.C.A. 1471, as amended.

(B)(1) Each BOARD OF county COMMISSIONERS shall establish a county family and children first council. ~~A county~~ THE BOARD may invite any local public or private agency or group that funds, advocates, or provides services to children and families to have a representative become a permanent or temporary member of its county council. Each county council must include the following individuals:

(a) At least three individuals whose families are or have received services from an agency represented on the council or another county's council. Where possible, the number of members representing families shall be equal to twenty per cent of the council's membership.

(b) The director of the board of alcohol, drug addiction, and mental health services that serves the county, or, in the case of a county that has a board of alcohol and drug addiction services and a community mental health board, the directors of both boards. If a board of alcohol, drug addiction, and mental health services covers more than one county, the director may designate a person to participate on the county's council.

(c) The health commissioner, or the commissioner's designee, of the board of health of each city and general health district in the county. If the county has two or more health districts, the health commissioner membership may be limited to the commissioners of the two districts with the largest populations.

(e) The executive director of the county agency responsible for the administration of children services pursuant to section 5153.15 of the Revised Code;

(f) The superintendent of the county board of mental retardation and developmental disabilities;

(g) The county's juvenile court judge senior in service or another judge of the juvenile court designated by the administrative judge or, where there is no administrative judge, by the judge senior in service;

(h) The superintendent of the city, exempted village, or local school district with the largest number of pupils residing in the county, as determined by the department of education, which shall notify each BOARD OF county COMMISSIONERS of its determination at least biennially;

(i) A school superintendent representing all other school districts with territory in the county, as designated at a biennial meeting of the superintendents of those districts;

(j) A representative of the municipal corporation with the largest population in the county;

(k) The ~~chair~~ PRESIDENT of the board of county commissioners, or an individual designated by the board;

(l) A representative of the regional office of the department of youth services;

(m) A representative of the county's head start agencies, as defined in section 3301.31 of the Revised Code;

(n) A representative of the county's early intervention collaborative established pursuant to the federal early intervention program operated under the "Education of the Handicapped Act Amendments of 1986";

(o) A representative of a local nonprofit entity that funds, advocates, or provides services to children and families.

Notwithstanding any other provision of law, the public members of a county council are not prohibited from serving on the council and making decisions regarding the duties of the council, including those involving the funding of joint projects and those outlined in the county's service coordination mechanism implemented pursuant to division (C) of this section.

The cabinet council shall establish a state appeals process to resolve disputes among the members of a county council concerning whether reasonable responsibilities as members are being shared. The appeals process may be accessed only by a majority vote of the council members who are required to serve on the council. Upon appeal, the cabinet council may order that state funds for services to children and families be redirected to a county's board of county commissioners.

(a) Referrals to the cabinet council of those children for whom the county council cannot provide adequate services;

(b) Development and implementation of a process that annually evaluates and prioritizes services, fills service gaps where possible, and invents new approaches to achieve better results for families and children;

(c) Participation in the development of a countywide, comprehensive, coordinated, multi-disciplinary, interagency system for infants and toddlers with developmental disabilities or delays and their families, as established pursuant to federal grants received and administered by the department of health for early intervention services under the "Education of the Handicapped Act Amendments of 1986";

(d) Maintenance of an accountability system to monitor the county council's progress in achieving results for families and children;

(e) Establishment of a mechanism to ensure ongoing input from a broad representation of families who are receiving services within the county system.

(3)(a) Except as provided in division (B)(3)(b) of this section, a county council shall comply with the policies, procedures, and activities prescribed by the rules or interagency agreements of a state department participating on the cabinet council whenever the county council performs a function subject to those rules or agreements.

(b) On application of a county council, the cabinet council may grant an exemption from any rules or interagency agreements of a state department participating on the council if an exemption is necessary for the council to implement an alternative program or approach for service delivery to families and children. The application shall describe the proposed program or approach and specify the rules or interagency agreements from which an exemption is necessary. The cabinet council shall approve or disapprove the application in accordance with standards and procedures it shall adopt. If an application is approved, the exemption is effective only while the program or approach is being implemented, including a reasonable period during which the program or approach is being evaluated for effectiveness.

(4)(a) Each county council shall designate an administrative agent for the council from among the following public entities: the board of alcohol, drug addiction, and mental health services, including a board of alcohol and drug addiction or a community mental health board if the county is served by separate boards; the board of county commissioners; any board of health of the county's city and general health districts; the county department of job and family services; the county agency responsible for the administration of children services pursuant to section 5153.15 of the Revised Code; the county board of mental retardation and developmental disabilities; any of the county's boards of education or governing boards of educational service centers; or the county's juvenile court. Any of the foregoing public entities, other than the board of county commissioners, may decline to serve as the council's administrative agent.

A county council's administrative agent shall serve as the council's appointing authority FOR ANY EMPLOYEES OF THE COUNCIL. The council shall file an annual budget with its administrative agent, with copies filed with the county auditor and with the board of county commissioners, unless the board is serving as the council's administrative agent. The council's administrative agent shall ensure that all expenditures are handled in accordance with policies, procedures, and activities prescribed by state departments in rules or interagency agreements that are applicable to the council's functions.

The administrative agent for a county council may do any of the following on behalf of the council:

~~(a)~~(i) Enter into agreements or administer contracts with public or private entities to fulfill specific council business. Such agreements and contracts are exempt from the competitive bidding requirements of section 307.86 of the Revised Code if they have been approved by the county council and they are for the purchase of family and child welfare or child protection services or other social or job and family services for families and children. The approval of the county council is not required to exempt agreements or contracts entered into under section 5139.34, 5139.41, or 5139.43 of the Revised Code from the competitive bidding requirements of section 307.86 of the Revised Code.

~~(b)~~(ii) As determined by the council, provide financial stipends, reimbursements, or both, to family representatives for expenses related to council activity;

~~(c)~~(iii) Receive by gift, grant, devise, or bequest any moneys, lands, or other property for the purposes for which the council is established. The agent shall hold, apply, and dispose of the moneys, lands, or other property according to the terms of the gift, grant, devise, or bequest. Any interest or earnings shall be treated in the same manner and are subject to the same terms as the gift, grant, devise, or bequest from which it accrues.

(b)(i) IF THE COUNTY COUNCIL DESIGNATES THE BOARD OF COUNTY COMMISSIONERS AS ITS ADMINISTRATIVE AGENT, THE BOARD MAY, BY RESOLUTION, DELEGATE ANY OF ITS POWERS AND DUTIES AS ADMINISTRATIVE AGENT TO AN EXECUTIVE COMMITTEE THE BOARD ESTABLISHES FROM THE MEMBERSHIP OF THE COUNTY COUNCIL. THE BOARD SHALL NAME TO THE EXECUTIVE COMMITTEE AT LEAST THE INDIVIDUALS DESCRIBED IN DIVISIONS (B)(1)(b) THROUGH (h) OF THIS SECTION AND MAY APPOINT THE PRESIDENT OF THE BOARD OR ANOTHER INDIVIDUAL AS THE CHAIR OF THE EXECUTIVE COMMITTEE.

(ii) THE EXECUTIVE COMMITTEE MAY, WITH THE APPROVAL OF THE BOARD, HIRE AN EXECUTIVE DIRECTOR TO ASSIST THE COUNTY COUNCIL IN ADMINISTERING ITS POWERS AND DUTIES. THE EXECUTIVE DIRECTOR SHALL SERVE IN THE UNCLASSIFIED CIVIL SERVICE AT THE PLEASURE OF THE EXECUTIVE COMMITTEE. THE EXECUTIVE DIRECTOR MAY, WITH THE APPROVAL OF THE EXECUTIVE COMMITTEE, HIRE OTHER EMPLOYEES AS NECESSARY TO PROPERLY CONDUCT THE COUNTY COUNCIL'S BUSINESS.

(iii) THE BOARD MAY REQUIRE THE EXECUTIVE COMMITTEE TO SUBMIT AN ANNUAL BUDGET TO THE BOARD FOR APPROVAL AND MAY AMEND OR REPEAL THE RESOLUTION THAT DELEGATED TO THE EXECUTIVE COMMITTEE ITS AUTHORITY AS THE COUNTY COUNCIL'S ADMINISTRATIVE AGENT.

(5) Two or more county councils may enter into an agreement to administer their county councils jointly by creating a regional family and children first council. A regional council possesses the same duties and authority possessed by a county council, except that the duties and authority apply regionally rather than to individual counties. Prior to entering into an agreement to create a regional council, the members of each county council to be part of the regional council shall meet to determine whether all or part of the members of each county council will serve as members of the regional council.

(6) A board of county commissioners may approve a resolution by a majority vote of the board's members that requires the county council to submit a statement to the board each time the council proposes to enter into an agreement, adopt a plan, or make a decision, other than a decision pursuant to section 121.38 of the Revised Code, that requires the expenditure of funds for two or more families. The statement shall describe the proposed agreement, plan, or decision.

Not later than fifteen days after the board receives the statement, it shall, by resolution approved by a majority of its members, approve or disapprove the agreement, plan, or decision. Failure of the board to pass a resolution during that time period shall be considered approval of the agreement, plan, or decision.

An agreement, plan, or decision for which a statement is required to be submitted to the board shall be implemented only if it is approved by the board.

(C) Each county shall develop a county service coordination mechanism. The mechanism shall be developed and approved with the participation of the county entities representing child welfare; mental retardation and developmental disabilities; alcohol, drug addiction, and mental health services; health; juvenile judges; education; the county family and children first council; and the county early intervention collaborative established pursuant to the federal early intervention program operated under the "Education of the Handicapped Act Amendments of 1986." The county shall establish an implementation schedule for the mechanism. The cabinet council may monitor the implementation and administration of each county's service coordination mechanism.

(1) A procedure for assessing the needs of any child, including a child who is an abused, neglected, dependent, unruly, or delinquent child and under the jurisdiction of the juvenile court or a child whose parent or custodian is voluntarily seeking services;

(2) A procedure for assessing the service needs of the family of any child, including a child who is an abused, neglected, dependent, unruly, or delinquent child and under the jurisdiction of the juvenile court or a child whose parent or custodian is voluntarily seeking services;

(3) A procedure for development of a comprehensive joint service plan designating service responsibilities among the various state and local agencies that provide services to children and their families, including children who are abused, neglected, dependent, unruly, or delinquent children and under the jurisdiction of the juvenile court and children whose parents or custodians are voluntarily seeking services;

(4) A local dispute resolution process to serve as the process that must be used first to resolve disputes among the agencies represented on the county council concerning the provision of services to children, including children who are abused, neglected, dependent, unruly, or delinquent children and under the jurisdiction of the juvenile court and children whose parents or custodians are voluntarily seeking services. The local dispute resolution process shall comply with section 121.38 of the Revised Code. The cabinet council shall adopt rules in accordance with Chapter 119. of the Revised Code establishing an administrative review process to address problems that arise concerning the operation of a local dispute resolution process.

(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:

(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;

(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;

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

(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;

(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;

(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.

(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.

(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, EXCEPT AS PROVIDED IN DIVISION (D)(2) OF THIS SECTION, 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~~ THE COUNTY EMPLOYEE'S 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:

(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;

(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.

(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:

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.

Sec. 2101.11. (A)(1) The probate judge shall have the care and custody of the files, papers, books, and records belonging to the probate court. The probate judge is authorized to perform the duties of clerk of the judge's court. The probate judge may appoint deputy clerks, stenographers, a bailiff, and any other necessary employees, each of whom shall take an oath of office before entering upon the duties of the employee's appointment and, when so qualified, may perform the duties appertaining to the office of clerk of the court.

(2)(a) The probate judge shall provide for one or more probate court investigators to perform the duties that are established for a probate court investigator by the Revised Code or the probate judge. The probate judge may provide for an investigator in any of the following manners, as the court determines is appropriate:

(i) By appointing a person as a full-time or part-time employee of the probate court to serve as investigator, or by designating a current full-time or part-time employee of the probate court to serve as investigator;

(ii) By contracting with a person to serve and be compensated as investigator only when needed by the probate court, as determined by the court, and by designating that person as a probate court investigator during the times when the person is performing the duties of an investigator for the court;

(iii) By entering into an agreement with another department or agency of the county, including, but not limited to, the sheriff's department or the county department of job and family services, pursuant to which an employee of the other department or agency will serve and perform the duties of investigator for the court, upon request of the probate judge, and designating that employee as a probate court investigator during the times when the person is performing the duties of an investigator for the court.

(b) Each person appointed or otherwise designated as a probate court investigator shall take an oath of office before entering upon the duties of the person's appointment. When so qualified, an investigator may perform the duties that are established for a probate court investigator by the Revised Code or the probate judge.

(c) Except as otherwise provided in this division, a probate court investigator shall hold at least a bachelor's degree in social work, psychology, education, special education, or a related human services field. A probate judge may waive the education requirement of this division for a person the judge appoints or otherwise designates as a probate court investigator if the judge determines that the person has experience in family services work that is equivalent to the required education.

(d) Within one year after appointment or designation, a probate court investigator shall attend an orientation course of at least six hours, and each calendar year after the calendar year of appointment or designation, a probate court investigator shall satisfactorily complete at least six hours of continuing education.

(e) For purposes of divisions (A)(4), (B), and (C) of this section, a person designated as a probate court investigator under division (A)(2)(a)(ii) or (iii) of this section shall be considered an appointee of the probate court at any time that the person is performing the duties established under the Revised Code or by the probate judge for a probate court investigator.

(3)(a) The probate judge may provide for one or more persons to perform the duties of an assessor under sections 3107.031, 3107.082, 3107.09, and 3107.12 of the Revised Code or may enter into agreements with public children services agencies, private child placing agencies, or private noncustodial agencies under which the agency provides for one or more persons to perform the duties of an assessor. A probate judge who provides for an assessor shall do so in either of the following manners, as the judge considers appropriate:

(i) By appointing a person as a full-time or part-time employee of the probate court to serve as assessor, or by designating a current full-time or part-time employee of the probate court to serve as assessor;

(ii) By contracting with a person to serve and be compensated as assessor only when needed by the probate court, as determined by the court, and by designating that person as an assessor during the times when the person is performing the duties of an assessor for the court.

(b) Each person appointed or designated as a probate court assessor shall take an oath of office before entering on the duties of the person's appointment.

(c) A probate court assessor must meet the qualifications for an assessor established by section ~~3107.012~~ 3107.014 of the Revised Code.

(d) A probate court assessor shall perform additional duties, including duties of an investigator under division (A)(2) of this section, when the probate judge assigns additional duties to the assessor.

(e) For purposes of divisions (A)(4), (B), and (C) of this section, a person designated as a probate court assessor shall be considered an appointee of the probate court at any time that the person is performing assessor duties.

(4) Each appointee of the probate judge may administer oaths in all cases when necessary, in the discharge of official duties.

(B)(1)(a) Subject to the appropriation made by the board of county commissioners pursuant to this division, each appointee of a probate judge under division (A) of this section shall receive such compensation and expenses as the judge determines and shall serve during the pleasure of the judge. The compensation of each appointee shall be paid in semimonthly installments by the county treasurer from the county treasury, upon the warrants of the county auditor, certified to by the judge.

(b) Except as otherwise provided in the Revised Code, the total compensation paid to all appointees of the probate judge in any calendar year shall not exceed the total fees earned by the probate court during the preceding calendar year, unless the board of county commissioners approves otherwise.

(2) The probate judge annually shall submit a written request for an appropriation to the board of county commissioners that shall set forth estimated administrative expenses of the court, including the salaries of appointees as determined by the judge and any other costs, fees, and expenses, including, but not limited to, those enumerated in section 5123.96 of the Revised Code, that the judge considers reasonably necessary for the operation of the court. The board shall conduct a public hearing with respect to the written request submitted by the judge and shall appropriate such sum of money each year as it determines, after conducting the public hearing and considering the written request of the judge, is reasonably necessary to meet all the administrative expenses of the court, including the salaries of appointees as determined by the judge and any other costs, fees, and expenses, including, but not limited to, the costs, fees, and expenses enumerated in section 5123.96 of the Revised Code.

If the judge considers the appropriation made by the board pursuant to this division insufficient to meet all the administrative expenses of the court, the judge shall commence an action under Chapter 2731. of the Revised Code in the court of appeals for the judicial district for a determination of the duty of the board of county commissioners to appropriate the amount of money in dispute. The court of appeals shall give priority to the action filed by the probate judge over all cases pending on its docket. The burden shall be on the probate judge to prove that the appropriation requested is reasonably necessary to meet all administrative expenses of the court. If, prior to the filing of an action under Chapter 2731. of the Revised Code or during the pendency of the action, the judge exercises the judge's contempt power in order to obtain the sum of money in dispute, the judge shall not order the imprisonment of any member of the board of county commissioners notwithstanding sections 2705.02 to 2705.06 of the Revised Code.

(C) The probate judge may require any of the judge's appointees to give bond in the sum of not less than one thousand dollars, conditioned for the honest and faithful performance of the appointee's duties. The sureties on the bonds shall be approved in the manner provided in section 2101.03 of the Revised Code.

The judge is personally liable for the default, malfeasance, or nonfeasance of any such appointee, but, if a bond is required of the appointee, the liability of the judge is limited to the amount by which the loss resulting from the default, malfeasance, or nonfeasance exceeds the amount of the bond.

All bonds required to be given in the probate court, on being accepted and approved by the probate judge, shall be filed in the judge's office.

(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:

(b) Participates in the placement of children in ~~family~~ CERTIFIED foster homes;

(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.

(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.

(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:

(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;

(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;

(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;

(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:

(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;

~~(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:

(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:

(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.

(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:

(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:

(3) An opportunity to present evidence and witnesses at a hearing regarding the motion or application;

(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;

(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.

(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.

(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.

(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.

(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;

(e) Other law enforcement officers handling child abuse and neglect cases in 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.

(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:

(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;

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:

(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;

(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;

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 EIGHTEEN 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 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.

(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.

(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.

(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;

(d) A PERSON EIGHTEEN 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.

(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.

(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.

(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.

(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.

(A) "Agency" means any public or private organization certified, licensed, or otherwise specially empowered by law or rule to place minors for adoption.

(B) "Attorney" means a person who has been admitted to the bar by order of the Ohio supreme court.

(D) "Court" means the probate courts of this state, and when the context requires, means the court of any other state empowered to grant petitions for adoption.

(E) "FOSTER CAREGIVER" HAS THE SAME MEANING AS IN SECTION 5103.02 of the Revised Code.

(F) "Identifying information" means any of the following with regard to a person: first name, last name, maiden name, alias, social security number, address, telephone number, place of employment, number used to identify the person for the purpose of the statewide education management information system established pursuant to section 3301.0714 of the Revised Code, and any other number federal or state law requires or permits to be used to identify the person.

~~(G)~~(H) "Putative father" means a man, including one under age eighteen, who may be a child's father and to whom all of the following apply:

(1) He is not married to the child's mother at the time of the child's conception or birth;

(3) He has not been determined, prior to the date a petition to adopt the child is filed, to have a parent and child relationship with the child by a court proceeding pursuant to sections 3111.01 to 3111.19 of the Revised Code, a court proceeding in another state, an administrative agency proceeding pursuant to sections 3111.20 to 3111.29 of the Revised Code, or an administrative agency proceeding in another state;

(4) He has not acknowledged paternity of the child pursuant to section 5101.314 of the Revised Code.

Sec. 3107.012. (A) A FOSTER CAREGIVER MAY USE THE APPLICATION PRESCRIBED UNDER DIVISION (B) OF THIS SECTION TO OBTAIN THE SERVICES OF AN AGENCY TO ARRANGE AN ADOPTION FOR THE FOSTER CAREGIVER IF THE FOSTER CAREGIVER SEEKS TO ADOPT THE FOSTER CAREGIVER'S FOSTER CHILD WHO HAS RESIDED IN THE FOSTER CAREGIVER'S HOME FOR AT LEAST TWELVE MONTHS PRIOR TO THE DATE THE FOSTER CAREGIVER SUBMITS THE APPLICATION TO THE AGENCY.

(B) THE DEPARTMENT OF JOB AND FAMILY SERVICES SHALL PRESCRIBE AN APPLICATION FOR A FOSTER CAREGIVER TO USE UNDER DIVISION (A) OF THIS SECTION. THE APPLICATION SHALL NOT REQUIRE THAT THE FOSTER CAREGIVER PROVIDE ANY INFORMATION THE FOSTER CAREGIVER ALREADY PROVIDED THE DEPARTMENT, OR UNDERGO AN INSPECTION THE FOSTER CAREGIVER ALREADY UNDERWENT, TO OBTAIN A FOSTER HOME CERTIFICATE UNDER SECTION 5103.03 OF THE REVISED CODE.

(C) AN AGENCY THAT RECEIVES AN APPLICATION PRESCRIBED UNDER DIVISION (B) OF THIS SECTION FROM A FOSTER CAREGIVER AUTHORIZED TO USE THE APPLICATION SHALL NOT REQUIRE, AS A CONDITION OF THE AGENCY ACCEPTING OR APPROVING THE APPLICATION, THAT THE FOSTER CAREGIVER UNDERGO A CRIMINAL RECORDS CHECK UNDER SECTION 2151.86 OF THE REVISED CODE AS A PROSPECTIVE ADOPTIVE PARENT. THE AGENCY SHALL INFORM THE FOSTER CAREGIVER, IN ACCORDANCE WITH DIVISION (G) OF SECTION 2151.86 OF THE REVISED CODE, THAT THE FOSTER CAREGIVER MUST UNDERGO THE CRIMINAL RECORDS CHECK BEFORE A COURT MAY ISSUE A FINAL DECREE OF ADOPTION OR INTERLOCUTORY ORDER OF ADOPTION UNDER SECTION 3107.14 OF THE REVISED CODE.

Sec. 3107.013. AN AGENCY ARRANGING AN ADOPTION PURSUANT TO AN APPLICATION SUBMITTED TO THE AGENCY UNDER SECTION 3107.012 OF THE REVISED CODE FOR A FOSTER CAREGIVER SEEKING TO ADOPT THE FOSTER CAREGIVER'S FOSTER CHILD SHALL OFFER TO PROVIDE THE FOSTER CAREGIVER INFORMATION ABOUT ADOPTION, INCLUDING INFORMATION ABOUT STATE ADOPTION LAW, ADOPTION ASSISTANCE AVAILABLE PURSUANT TO SECTION 5153.163 OF THE REVISED CODE AND TITLE IV-E OF THE "SOCIAL SECURITY ACT," 94 STAT. 501, 42 U.S.C.A. 670 (1980), AS AMENDED, AND OTHER ADOPTION ISSUES THE DEPARTMENT OF JOB AND FAMILY SERVICES IDENTIFIES. IF THE FOSTER CAREGIVER INFORMS THE AGENCY THAT THE FOSTER CAREGIVER WANTS THE INFORMATION, THE AGENCY SHALL PROVIDE THE INFORMATION TO THE FOSTER CAREGIVER IN ACCORDANCE WITH RULES THE DEPARTMENT OF JOB AND FAMILY SERVICES SHALL ADOPT IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE.

Sec. ~~3107.012~~ 3107.014. (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, 5103.0324, 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;

(a) A professional counselor or social worker licensed under Chapter 4757. 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;

(e) A FORMER EMPLOYEE OF A PUBLIC CHILDREN SERVICES AGENCY WHO, WHILE SO EMPLOYED, CONDUCTED THE DUTIES OF AN ASSESSOR.

(3) The individual must complete education programs in accordance with rules adopted under section ~~3107.013~~ 3107.015 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, 5103.0324, 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. ~~3107.013~~ 3107.015. Not later than ninety days after ~~the effective date of this section~~ JUNE 20, 1996, the director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code governing the education programs an individual must complete for the purpose of division (A)(3) of section ~~3107.012~~ 3107.014 of the Revised Code. The education programs shall include courses on adoption placement practice, federal and state adoption assistance programs, and post adoption support services.

Sec. 3107.016. 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 3107.015 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.

(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. 3107.031. An EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, AN assessor shall conduct a home study for the purpose of ascertaining whether a person seeking to adopt a minor is suitable to adopt. A written report of the home study shall be filed with the court at least ten days before the petition for adoption is heard.

The report shall contain the opinion of the assessor as to whether the person who is the subject of the report is suitable to adopt a minor and other information and documents specified in rules adopted by the director of job and family services under section 3107.032 of the Revised Code. The assessor shall not consider the person's age when determining whether the person is suitable to adopt if the person is old enough to adopt as provided by section 3107.03 of the Revised Code.

An assessor may request departments or agencies within or outside this state to assist in the home study as may be appropriate and to make a written report to be included with and attached to the report to the court. The assessor shall make similar home studies and reports on behalf of other assessors designated by the courts of this state or another place.

Upon order of the court, the costs of the home study and other proceedings shall be paid by the person seeking to adopt, and, if the home study is conducted by a public agency or public employee, the part of the cost representing any services and expenses shall be taxed as costs and paid into the state treasury or county treasury, as the court may direct.

On request, the assessor shall provide the person seeking to adopt a copy of the report of the home study. The assessor shall delete from that copy any provisions concerning the opinion of other persons, excluding the assessor, of the person's suitability to adopt a minor.

THIS SECTION DOES NOT APPLY TO A FOSTER CAREGIVER SEEKING TO ADOPT THE FOSTER CAREGIVER'S FOSTER CHILD IF THE FOSTER CHILD HAS RESIDED IN THE FOSTER CAREGIVER'S HOME FOR AT LEAST TWELVE MONTHS PRIOR TO THE DATE THE FOSTER CAREGIVER SUBMITS AN APPLICATION PRESCRIBED UNDER DIVISION (B) OF SECTION 3107.012 of the Revised Code TO THE AGENCY ARRANGING THE ADOPTION.

Sec. 3107.12. (A) Except as provided in division (B) of this section, an assessor shall conduct a prefinalization assessment of a minor and petitioner before a court issues a final decree of adoption or finalizes an interlocutory order of adoption for the minor. On completion of the assessment, the assessor shall prepare a written report of the assessment and provide a copy of the report to the court before which the adoption petition is pending.

(2) The present and anticipated needs of the minor and the petitioner, as determined by a review of the minor's medical and social history, for adoption-related services, including assistance under Title IV-E of the "Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 670, as amended, or section 5153.163 of the Revised Code and counseling, case management services, crisis services, diagnostic services, and therapeutic counseling.

(4) If known, the minor's biological family background, including identifying information about the biological or other legal parents;

(5) The reasons for the minor's placement with the petitioner, the petitioner's attitude toward the proposed adoption, and the circumstances under which the minor was placed in the home of the petitioner;

(6) The attitude of the minor toward the proposed adoption, if the minor's age makes this feasible;

(7) If the minor is an Indian child, as defined in 25 U.S.C.A. 1903(4), how the placement complies with the "Indian Child Welfare Act of 1978," 92 Stat. 3069, 25 U.S.C.A. 1901, as amended.

The assessor shall file the prefinalization report with the court not later than twenty days prior to the date scheduled for the final hearing on the adoption unless the court determines there is good cause for filing the report at a later date.

(B) This section does not apply if the petitioner is the minor's stepparent, unless a court, after determining a prefinalization assessment is in the best interest of the minor, orders that an assessor conduct a prefinalization assessment. THIS SECTION ALSO DOES NOT APPLY IF THE PETITIONER IS THE MINOR'S FOSTER CAREGIVER AND THE MINOR HAS RESIDED IN THE PETITIONER'S HOME AS THE FOSTER CAREGIVER'S FOSTER CHILD FOR AT LEAST TWELVE MONTHS PRIOR TO THE DATE THE PETITIONER SUBMITS AN APPLICATION PRESCRIBED UNDER DIVISION (B) OF SECTION 3107.012 of the Revised Code TO THE AGENCY ARRANGING THE ADOPTION.

(C) The director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code defining "counseling," "case management services," "crisis services," "diagnostic services," and "therapeutic counseling" for the purpose of this section.

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.

(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.

(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.

(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:

(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:

(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;

(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.

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. 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 intervention in lieu of conviction of, a violation of any federal or state law regulating the possession, distribution, or use of any drug;

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 intervention 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 intervention 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 intervention 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;

(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 agency responsible for regulating the practice of medicine and surgery, osteopathic medicine and surgery, podiatry, or the limited branches of medicine in another jurisdiction, 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;

(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 fulfill the responsibilities agreed to by the physician and an advanced practice nurse participating in a pilot program under section 4723.52 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 enter into 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 or failure to fulfill the responsibilities of collaboration after entering into a standard care 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;

(36) Failure to supervise an acupuncturist in accordance with Chapter 4762. of the Revised Code and the board's rules for supervision of an acupuncturist.

(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 intervention 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 law enforcement agencies, other licensing boards, and other governmental agencies that are prosecuting, adjudicating, or investigating alleged violations of statutes or administrative rules. An agency or board 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 agency or board that applies when it is dealing with other information in its possession. In a judicial proceeding, the information may be admitted into evidence only 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:

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

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 intervention 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 jurisdiction 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. 4757.40. IN ADDITION TO ANY OTHER REMEDIES PROVIDED BY LAW, THE COUNSELOR AND SOCIAL WORKER BOARD MAY APPLY TO AN APPROPRIATE COURT FOR AN ORDER ENJOINING THE VIOLATION OF ANY PROVISION OF THIS CHAPTER, AND ON A SHOWING THAT ANY PERSON HAS VIOLATED OR IS ABOUT TO VIOLATE ANY PROVISION OF THIS CHAPTER, THE COURT SHALL GRANT AN ORDER ENJOINING THE VIOLATION.

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:

(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:

(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:

(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;

(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:

(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 MAY BE USED ONLY TO FUND THE OHIO CHILD WELFARE TRAINING PROGRAM ESTABLISHED UNDER SECTION 5153.60 of the Revised Code. 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:

(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;

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.

(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~~ 5103.0317. A ~~family~~ foster home may not receive more than five children apart from their parents, guardian, or custodian, except in order to accommodate a sibling group or the remaining members of a sibling group.

Sec. 5103.0319. (A) NO FOSTER CAREGIVER OR PROSPECTIVE FOSTER CAREGIVER SHALL FAIL TO NOTIFY THE RECOMMENDING AGENCY THAT RECOMMENDED OR IS RECOMMENDING THE FOSTER CAREGIVER OR PROSPECTIVE FOSTER CAREGIVER FOR CERTIFICATION IN WRITING IF A PERSON AT LEAST TWELVE YEARS OF AGE BUT LESS THAN EIGHTEEN YEARS OF AGE RESIDING WITH THE FOSTER CAREGIVER OR PROSPECTIVE FOSTER CAREGIVER HAS BEEN CONVICTED OF OR PLEADED GUILTY TO ANY OF THE FOLLOWING OR HAS BEEN ADJUDICATED TO BE A DELINQUENT CHILD FOR COMMITTING AN ACT THAT IF COMMITTED BY AN ADULT WOULD HAVE CONSTITUTED SUCH A VIOLATION:

(1) 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, 2909.02, 2909.03, 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, A VIOLATION OF SECTION 2923.01 OF THE REVISED CODE THAT INVOLVED AN ATTEMPT TO COMMIT AGGRAVATED MURDER OR MURDER, OR FELONIOUS SEXUAL PENETRATION IN VIOLATION OF FORMER SECTION 2907.12 OF THE REVISED CODE;

(2) AN OFFENSE THAT 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;

(3) 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 (A)(1) OR (2) OF THIS SECTION.

(B) IF A RECOMMENDING AGENCY LEARNS THAT A FOSTER CAREGIVER HAS FAILED TO COMPLY WITH DIVISION (A) OF THIS SECTION, IT SHALL NOTIFY THE DEPARTMENT OF JOB AND FAMILY SERVICES AND THE DEPARTMENT SHALL REVOKE THE FOSTER CAREGIVER'S FOSTER HOME CERTIFICATE.

Sec. 5103.0320. 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 FOSTER CAREGIVER OR PROSPECTIVE FOSTER CAREGIVER HAS BEEN CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE DESCRIBED IN DIVISION (A) OF SECTION 5103.0319 of the Revised Code OR HAS BEEN ADJUDICATED TO BE A DELINQUENT CHILD FOR COMMITTING AN ACT THAT IF COMMITTED BY AN ADULT WOULD HAVE CONSTITUTED SUCH AN OFFENSE.

Sec. 5103.0321. ON RECEIPT OF NOTICE UNDER SECTION 5103.0319 OF THE REVISED CODE, THE RECOMMENDING AGENCY SHALL DO ALL OF THE FOLLOWING:

(A) REVIEW THE FOSTER CAREGIVER'S FOSTER HOME CERTIFICATE. AFTER REVIEW, THE AGENCY MAY RECOMMEND THAT THE DEPARTMENT OF JOB AND FAMILY SERVICES REVOKE THE CERTIFICATE.

(B) REVIEW THE PLACEMENT IN THE FOSTER HOME OF ANY CHILD OF WHOM THE AGENCY HAS TEMPORARY, LEGAL, OR PERMANENT CUSTODY. AFTER REVIEW, THE AGENCY MAY, CONSISTENT WITH ANY JUVENILE COURT ORDER, REMOVE THE CHILD FROM THE FOSTER HOME IN WHICH THE CHILD IS RESIDING AND PLACE THE CHILD IN ANOTHER CERTIFIED FOSTER HOME.

(C) IF THE AGENCY DOES NOT HAVE TEMPORARY, LEGAL, OR PERMANENT CUSTODY OF A FOSTER CHILD RESIDING IN THE FOSTER HOME, NOTIFY THE ENTITY THAT HAS CUSTODY THAT IT HAS RECEIVED A NOTICE UNDER SECTION 5103.0319 OF THE REVISED CODE.

(D) ASSESS THE FOSTER CAREGIVER'S NEED FOR TRAINING BECAUSE OF THE CONVICTION, PLEA OF GUILTY, OR ADJUDICATION DESCRIBED IN SECTION 5103.0319 OF THE REVISED CODE AND PROVIDE ANY NECESSARY TRAINING.

Sec. 5103.0322. 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. 5103.0323. (A) AS USED IN THIS SECTION, "GOVERNMENT AUDITING STANDARDS" MEANS THE GOVERNMENT AUDITING STANDARDS PUBLISHED BY THE COMPTROLLER GENERAL OF THE UNITED STATES GENERAL ACCOUNTING OFFICE.

(B) 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, UNLESS THE AUDITOR OF STATE HAS AUDITED THE AGENCY DURING THAT YEAR AND THE AUDIT SETS FORTH THAT NO MONEY HAS BEEN ILLEGALLY EXPENDED, CONVERTED, MISAPPROPRIATED, OR IS UNACCOUNTED FOR OR SETS FORTH FINDINGS THAT ARE INCONSEQUENTIAL, AS DEFINED BY GOVERNMENT AUDITING STANDARDS. 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, UNLESS THE AUDITOR OF STATE HAS AUDITED THE AGENCY DURING THOSE YEARS AND THE AUDIT SETS FORTH THAT NO MONEY HAS BEEN ILLEGALLY EXPENDED, CONVERTED, MISAPPROPRIATED, OR IS UNACCOUNTED FOR OR SETS FORTH FINDINGS THAT ARE INCONSEQUENTIAL, AS DEFINED BY GOVERNMENT AUDITING STANDARDS.

(C) FOR AN 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.

ALL AUDITS REQUIRED BY THIS SECTION SHALL BE CONDUCTED IN ACCORDANCE WITH GENERALLY ACCEPTED GOVERNMENT AUDITING STANDARDS.

Sec. 5103.0324. 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 3107.014 OF THE REVISED CODE TO CONDUCT A HOME STUDY OF THE HOME.

Sec. 5103.0325. 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.

(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.

(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:

(ii) Building improvements that are not approved as nonextensive renovations under section 5111.25 or 5111.251 of the Revised Code;

(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.

(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;

(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;

(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.

(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.

(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:

(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:

(5) Father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law;

(7) Foster ~~parent~~ CAREGIVER, foster child, foster brother, or foster sister.

(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.

(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) A PUBLIC CHILDREN SERVICES AGENCY MAY HIRE AS A CASEWORKER ONLY THE FOLLOWING:

(2) A PERSON WHO HAS A BACHELOR'S DEGREE IN ANY FIELD AND HAS BEEN EMPLOYED FOR AT LEAST TWO YEARS IN A HUMAN SERVICES-RELATED OCCUPATION;

(4) A PERSON WHO HAS BEEN EMPLOYED FOR AT LEAST FIVE YEARS IN A HUMAN SERVICES-RELATED OCCUPATION.

(B) FOR EMPLOYMENT TO CONTINUE, A PERSON DESCRIBED IN DIVISION (A)(2), (3), OR (4) OF THIS SECTION MUST OBTAIN A JOB-RELATED BACHELOR'S DEGREE NOT LATER THAN FIVE YEARS AFTER THE DATE EMPLOYMENT WITH THE AGENCY COMMENCES.

(C) THIS SECTION APPLIES ONLY TO PERSONS HIRED ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION AND DOES NOT APPLY TO A CASEWORKER EMPLOYED BY A PUBLIC CHILDREN SERVICES AGENCY BEFORE THE EFFECTIVE DATE OF THIS SECTION WHO IS HIRED BY ANOTHER PUBLIC CHILDREN SERVICES AGENCY ON OR AFTER THAT DATE.

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:

(iv) Regional councils of political subdivisions established under Chapter 167. of the Revised Code;

(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:

(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;

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;

(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;

(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:

(2) REPRESENTATIVES 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;

(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 CHAPTER 119. 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'S RESPONSIBILITIES SHALL INCLUDE THE FOLLOWING:

(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 FOR EACH CASEWORKER.

Sec. 5153.76. THE EXECUTIVE DIRECTOR OF EACH PUBLIC CHILDREN SERVICES AGENCY OR A PERSON DESIGNATED BY THE EXECUTIVE DIRECTOR 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 OR DESIGNATED PERSON 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 OR A PERSON DESIGNATED BY THE EXECUTIVE DIRECTOR 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 OR DESIGNATED PERSON 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.

(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).

(B) FOR PURPOSES OF FUNDING THE OHIO CHILD WELFARE TRAINING PROGRAM, THE DEPARTMENT OF JOB AND FAMILY SERVICES SHALL USE THE FOLLOWING 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;