SENATOR Mumper
A BILL
To amend section 2151.62 of the Revised Code to
require a public or private entity that places a
child who has been adjudicated a delinquent child
for certain acts for adoption to inform the
prospective adoptive parents about the child's
background and, in certain circumstances, to
conduct a psychological examination of the child
and to maintain the provisions of this act on and
after January 1, 2002, by amending the version of
section 2152.72 of the Revised Code that takes
effect on that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2151.62 of the Revised Code be
amended to read as follows:
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
during the
commission of the act for which the child was adjudicated a
delinquent child;
(4) It would be an offense of violence that is 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
2941.1411 of the Revised Code or
in another section of the Revised
Code that
relates to the wearing or carrying of body armor 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
or for adoption until it
provides the foster
caregivers
or prospective adoptive parents
with all
of the
following:
(a) A written report describing the child's social history;
(b) A written report describing all the acts committed by
the
child
the entity knows of that
resulted in the child being
adjudicated a delinquent child and
the disposition made by the
court, unless the records pertaining
to the acts have been sealed
pursuant to section 2151.358 of the
Revised Code;
(c) A written report describing any other violent act
committed
by the
child of which the entity is aware;
(d) The substantial and material conclusions and
recommendations
of any
psychiatric or psychological examination
conducted
on the child or, if no psychological or psychiatric
examination of the child
is available, the substantial and
material conclusions and recommendations of
an examination to
detect mental and emotional disorders conducted in
compliance with
the requirements of Chapter 4757. of the Revised Code by an
independent social worker, social worker, professional clinical
counselor, or
professional counselor licensed under that chapter.
The entity shall not
provide any part of a psychological,
psychiatric, or mental and emotional
disorder examination to the
foster caregivers other than the substantial and
material
conclusions.
(2) Notwithstanding section 2151.358 of the Revised
Code, if
records of an adjudication that a child is a delinquent
child have
been sealed pursuant to that section and an entity knows the
records have been sealed, the entity shall provide the foster
caregivers
or prospective adoptive parents 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
or for adoption 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
or prospective adoptive parents 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
or for adoption.
(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
or for adoption
with the assistance of or by
contracting
with a public children services
agency, private child
placing
agency, or a private noncustodial agency, the
entity shall
provide
the agency with the information described in division
(B)
of this
section, pay the expenses of preparing that information,
and, if a
new examination is required to be conducted, pay the
expenses of
conducting the examination described in division (C)
of this
section:
(a) The department of youth services if the placement is
pursuant
to any section of the Revised Code including section
2151.38, 5139.06,
5139.07, 5139.38, or
5139.39 of the Revised
Code;
(b) A juvenile court with temporary or permanent custody of
a
child pursuant to section 2151.354 or 2151.355 of the Revised
Code;
(c) A public children services agency or private child
placing
agency with temporary or permanent custody of the child.
The agency receiving the information described in division
(B) of
this section shall provide the entity
described in division
(D)(3)(a) to (c)
of this section that sent the information written
acknowledgment that the
agency received
the information and
provided it to the foster caregivers
or prospective adoptive
parents. The entity shall
keep the
acknowledgment and provide a
copy
to the agency. An entity that
places a child in a certified
foster home
or for adoption 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
or prospective adoptive parents 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
or prospective
adoptive parents shall
provide to the
entity that places the child
in the foster caregiver's
or prospective adoptive parents' home a
written acknowledgment that the foster caregiver
or prospective
adoptive parents received the
information.
The
entity shall keep
the acknowledgment and provide
a copy to the foster
caregiver
or
prospective adoptive parents.
(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
or for adoption
shall
fail to provide the
foster caregivers
or prospective adoptive parents
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.
(I) As used in this section:
(1) "Body armor" has the same meaning as in section
2941.1411 of
the Revised Code.
(2) "Firearm" has the same meaning as in section 2923.11 of
the
Revised Code.
Section 2. That existing section 2151.62 of the Revised Code
is hereby repealed.
Section 3. That section 2152.72 of the Revised Code as
scheduled to take effect January 1, 2002, be amended to read as
follows:
Sec. 2152.72. (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) The act 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) The act is a violation of section 2923.01 of the
Revised
Code and involved an attempt to
commit aggravated murder or
murder;
(3) The act 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
during the
commission of the act for which the child was adjudicated a
delinquent child;
(4) It would be an offense of violence that is 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
2941.1411 of the Revised Code or
in another section of the Revised
Code that
relates to the wearing or carrying of body armor 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
or for adoption until it
provides the foster
caregivers
or prospective adoptive parents
with all
of the
following:
(a) A written report describing the child's social history;
(b) A written report describing all the acts committed by
the
child
the entity knows of that
resulted in the child being
adjudicated a delinquent child and
the disposition made by the
court, unless the records pertaining
to the acts have been sealed
pursuant to section 2151.358 of the
Revised Code;
(c) A written report describing any other violent act
committed
by the
child of which the entity is aware;
(d) The substantial and material conclusions and
recommendations
of any
psychiatric or psychological examination
conducted
on the child or, if no psychological or psychiatric
examination of the child
is available, the substantial and
material conclusions and recommendations of
an examination to
detect mental and emotional disorders conducted in
compliance with
the requirements of Chapter 4757. of the Revised Code by an
independent social worker, social worker, professional clinical
counselor, or
professional counselor licensed under that chapter.
The entity shall not
provide any part of a psychological,
psychiatric, or mental and emotional
disorder examination to the
foster caregivers other than the substantial and
material
conclusions.
(2) Notwithstanding section 2151.358 of the Revised
Code, if
records of an adjudication that a child is a delinquent
child have
been sealed pursuant to that section and an entity knows the
records have been sealed, the entity shall provide the foster
caregivers
or prospective adoptive parents 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
or for adoption 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
or prospective adoptive parents 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
or for adoption.
(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 2152.19 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
or for adoption
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
2152.22, 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 2152.19 of the Revised
Code;
(c) A public children services agency or private child
placing
agency with temporary or permanent custody of the child.
The agency receiving the information described in division
(B) of
this section shall provide the entity
described in division
(D)(3)(a) to (c)
of this section that sent the information written
acknowledgment that the
agency received
the information and
provided it to the foster caregivers
or prospective adoptive
parents. The entity shall
keep the
acknowledgment and provide a
copy
to the agency. An entity that
places a child in a certified
foster home
or for adoption 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
or prospective adoptive parents 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
or prospective
adoptive parents shall
provide to the
entity that places the child
in the foster caregiver's
or prospective adoptive parents' home a
written acknowledgment that the foster caregiver
or prospective
adoptive parents received the
information.
The
entity shall keep
the acknowledgment and provide
a copy to the foster
caregiveror
prospective adoptive parents.
(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
or for adoption
shall
fail to provide the
foster caregivers
or prospective adoptive parents
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.
(I) As used in this section:
(1) "Body armor" has the same meaning as in section
2941.1411 of
the Revised Code.
(2) "Firearm" has the same meaning as in section 2923.11 of
the
Revised Code.
Section 4. That existing section 2152.72 of the Revised Code
as scheduled to take effect January 1, 2002, is hereby repealed.
Section 5. Sections 3 and 4 of this act shall take effect
January 1, 2002.
Section 6. (A) Section 2151.62 of the Revised Code is
presented in Section 1 of
this act as a composite of the section
as amended by both Sub. H.B. 448 and Am. Sub. S.B. 222 of
the
123rd General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
(B) Section 2151.72 of the Revised Code is presented in
Section 3 of
this
act as a composite of the section as amended by
Sub. H.B.
448, Am. Sub. S.B. 222, and Am. Sub. S.B. 179 of
the
123rd General
Assembly. The General Assembly, applying the
principle stated in
division (B) of section 1.52 of the Revised
Code that amendments
are to be harmonized if reasonably capable of
simultaneous
operation, finds that the composite is the resulting
version of
the section in effect prior to the effective date of
the section
as presented in this act.