130th Ohio General Assembly
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(124th General Assembly)
(House Bill Number 424)



AN ACT
To amend sections 5103.03 and 5103.99 of the Revised Code to grant the Director of Job and Family Services authority to seek injunctive relief to enjoin the operation of a facility that cares for children without a certificate and to increase the penalty for violations.

Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That sections 5103.03 and 5103.99 of the Revised Code be amended to read as follows:

Sec. 5103.03.  (A) The director of job and family services shall adopt rules as necessary for the adequate and competent management of institutions or associations.

Except (B)(1) Except for facilities under the control of the department of youth services, places of detention for children established and maintained pursuant to sections 2151.34 to 2151.3415 of the Revised Code, and child day-care centers subject to Chapter 5104. of the Revised Code, the department of job and family services every two years shall pass upon the fitness of every institution and association that receives, or desires to receive and care for children, or places children in private homes.

(2) When the department of job and family services is satisfied as to the care given such children, and that the requirements of the statutes and rules covering the management of such institutions and associations are being complied with, it shall issue to the institution or association a certificate to that effect. A certificate is valid for two years, unless sooner revoked by the department. When determining whether an institution or association meets a particular requirement for certification, the department may consider the institution or association to have met the requirement if the institution or association shows to the department's satisfaction that it has met a comparable requirement to be accredited by a nationally recognized accreditation organization.

(3) The department may issue a temporary certificate valid for less than one year authorizing an institution or association to operate until minimum requirements have been met.

(C) The department may revoke a certificate if it finds that the institution or association is in violation of law or rule. No juvenile court shall commit a child to an association or institution that is required to be certified under this section if its certificate has been revoked or, if after revocation, the date of reissue is less than fifteen months prior to the proposed commitment.

(D) Every two years, on a date specified by the department, each institution or association desiring certification or recertification shall submit to the department a report showing its condition, management, competency to care adequately for the children who have been or may be committed to it or to whom it provides care or services, the system of visitation it employs for children placed in private homes, and other information the department requires.

(E) The department shall, not less than once each year, send a list of certified institutions and associations to each juvenile court and certified association or institution.

(F) No person shall receive children or receive or solicit money on behalf of such an institution or association not so certified or whose certificate has been revoked.

(G) The director may delegate by rule any duties imposed on it by this section to inspect and approve family foster homes and specialized foster homes to public children services agencies, private child placing agencies, or private noncustodial agencies.

(H) If the director of job and family services determines that an institution or association is operating a facility that cares for children without a certificate, the director may petition the court of common pleas in the county in which the facility is located for an order enjoining the operation of that facility. The court shall grant injunctive relief upon a showing that the institution or association is operating a facility without a certificate.

Sec. 5103.99.  (A) Whoever violates section 5103.03 of the Revised Code shall be fined not less than five hundred nor more than five hundred one thousand dollars.

(B) Whoever violates section 5103.15, 5103.16, or 5103.17 of the Revised Code shall be fined not less than five hundred nor more than one thousand dollars or imprisoned not more than six months, or both.

SECTION 2. That existing sections 5103.03 and 5103.99 of the Revised Code are hereby repealed.

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