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H. B. No. 424As Reported by the Senate Health, Human Services and Aging CommitteeAs Reported by the Senate Health, Human Services and Aging Committee
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Raga, Husted, White, Grendell, Seitz, Metzger, Otterman, Patton, Lendrum, G. Smith, Schneider, Jolivette, Kearns, D. Miller, Schuring, Kilbane, Williams, McGregor, Mason, Cirelli, Beatty, Evans, Schmidt, Calvert, Flannery, Coates, Flowers, Niehaus, Willamowski
A BILL
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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