The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
Sub. H. B. No. 106As Passed by the House
As Passed by the House
125th General Assembly | Regular Session | 2003-2004 |
| |
REPRESENTATIVES Williams, Otterman, McGregor, Hartnett, Hagan, Perry, Gilb, Koziura, Widowfield, Young, Boccieri, Willamowski, Aslanides, Carano, Chandler, Cirelli, Clancy, Collier, DeBose, Domenick, C. Evans, Flowers, Gibbs, Grendell, Harwood, Kilbane, Latta, Martin, Niehaus, T. Patton, Peterson, Schlichter, Schmidt, Setzer, Sferra, J. Stewart, Taylor
A BILLTo amend sections 2152.18, 3313.533, 3313.672, and 5139.05 of the Revised Code to require the Department of Youth Services upon request to release certain records pertaining to a child discharged or released from its custody to the school district in which the child is entitled to attend school and to specify that a school district's policy on the assignment of students to an alternative school may provide for the assignment of any child released from the custody of the Department of Youth Services to such a school. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2152.18, 3313.533, 3313.672, and 5139.05 of the Revised Code be amended to read as follows:
Sec. 2152.18. (A) When a juvenile court commits a
delinquent
child to the custody of the department of youth
services pursuant
to this chapter, the court shall not designate
the specific
institution in which the department is to place the
child but
instead shall specify that the child is to be
institutionalized in
a secure facility. (B) When a juvenile court commits a delinquent child to the
custody of the department of youth services pursuant to this
chapter, the
court shall state in the order of commitment the
total
number of days that the child has been held in detention in
connection with the delinquent child complaint upon which the
order of commitment is based. The department shall reduce the
minimum period
of institutionalization that was ordered by both
the total
number of days that the child has been so held in
detention as stated by the
court in the order of commitment and
the total number of any additional days
that the child has been
held in detention subsequent to the order
of commitment but prior
to the transfer of physical custody of the
child to the
department. (C)(1) When a juvenile court commits a delinquent child to
the
custody of the department of youth services pursuant to this
chapter, the
court shall
provide the department with the child's
medical records, a copy of
the report of any mental examination of
the child ordered by the
court, the Revised Code section or
sections the child
violated and the degree of each violation, the
warrant to convey the child to
the department, a copy of the
court's journal entry ordering the
commitment of the child to the
legal custody of the department, a copy of the
arrest record
pertaining to the act for which the child was
adjudicated a
delinquent child, a copy of any victim impact
statement pertaining
to the act, and any other information
concerning the child that
the department reasonably requests. The
court also shall complete
the form for the standard predisposition
investigation report that
the department furnishes pursuant to
section 5139.04 of the
Revised Code and provide the
department with the completed form. The department may refuse to accept physical custody of a
delinquent child who is committed to the legal custody of the
department until the court provides to the department the
documents specified in this division. No officer or employee of
the department who refuses to accept physical custody of a
delinquent child who is committed to the legal custody of the
department shall be subject to prosecution or contempt of court
for the refusal if the court fails to provide the documents
specified in this division at the time the court transfers the
physical custody of the child to the department. (2) Within twenty working days after the department of youth
services receives physical custody of a delinquent child from a
juvenile
court, the court shall provide the department with a
certified copy of
the child's birth certificate and the child's
social security
number or, if the court made all reasonable
efforts to obtain the
information but was unsuccessful, with
documentation of the
efforts it made to obtain the information. (3) If an officer is preparing pursuant to section 2947.06
or 2951.03 of the Revised Code or Criminal Rule 32.2 a presentence
investigation report pertaining to a person, the department shall
make available to the officer, for use in preparing the report,
any records or reports it possesses regarding that person that it
received from a juvenile court pursuant to division (C)(1) of this
section or that pertain to the treatment of that person after the
person was committed to the custody of the department as a
delinquent child. (D)(1) Within ten days after an adjudication that a
child is
a delinquent child, the court shall give written notice
of the
adjudication to the superintendent of a city, local,
exempted
village, or joint vocational school district, and to the principal
of
the school the child attends, if the basis
of the adjudication
was the commission of an act that would be a
criminal offense if
committed by an adult, if the act was
committed by the delinquent
child when the child was fourteen years of age or
older, and if
the act is any of the following: (a) An act that would be a felony or an offense of violence
if
committed by an adult, an act in the commission of which the
child used or
brandished a firearm, or an
act that is a violation
of section
2907.06, 2907.07, 2907.08, 2907.09,
2907.24,
or
2907.241 of the Revised Code and that would be
a misdemeanor if
committed by an adult; (b) A violation of section 2923.12 of the Revised
Code or of
a substantially similar municipal ordinance that would be
a
misdemeanor if committed by an adult and that was
committed on
property owned or controlled by, or at an activity held under the
auspices of, the board of education of that school district; (c) A violation of division (A) of section 2925.03 or
2925.11 of the Revised Code that would be a misdemeanor if
committed by an adult, that was committed on property
owned or
controlled by, or at an activity held under the auspices of, the
board of education of that school district, and that is not a
minor
drug possession offense; (d) An act that would be a criminal offense if committed by
an
adult and that results in serious physical harm to persons or
serious physical
harm to property while
the child is at school, on
any other property owned or controlled
by the board, or at an
interscholastic competition, an
extracurricular event, or any
other school program or activity; (e) Complicity in any violation described in division
(D)(1)(a),
(b), (c), or (d)
of this
section that was alleged to
have
been committed in the manner described in division
(D)(1)(a),
(b), (c), or
(d)
of this section, regardless of whether the act of
complicity was committed on property owned or controlled by, or at
an activity
held under the auspices of, the board of
education of
that school district. (2)
The notice given pursuant to
division
(D)(1) of this
section shall include the name of the
child who was adjudicated to
be a delinquent child, the child's age at the
time the child
committed the act that was the
basis of the adjudication, and
identification of the violation of
the law or ordinance that was
the basis of the adjudication. (3)
Within fourteen days after committing a delinquent child
to
the custody of the department of youth services, the court
shall
give notice to the school attended by the child of the
child's
commitment by sending to that school a copy of the court's
journal
entry ordering the commitment. As soon as possible after
receipt
of the notice described in this division, the school shall
provide
the department with the child's school transcript.
However, the
department shall not refuse to accept a child
committed to it, and
a child committed to it shall not be held in
a county or district detention
facility, because of a school's
failure to provide the school transcript that
it
is required to
provide under this division. (4) Within fourteen days after a request from the superintendent of a school district pursuant to division (A)(2) of section 3313.672 of the Revised Code regarding a child released or discharged from an institution under the control of the department of youth services, the department shall provide the following records to the school psychologist named in the request:
(a) The child's current individualized education program, as defined in section 3323.01 of the Revised Code, if such a program has been developed for the child;
(b) A unified case plan and clinical services summary developed for the child by the staff of the institution where the child resided while in the custody of the department. The unified case plan shall contain information relating to the child's behavior and progress while in the custody of the department. The school psychologist to whom the records are released under division (D)(4) of this section shall review those records and make a recommendation to the superintendent of the school district as to
the appropriate assignment of the child to a school in the district. The superintendent shall consider that recommendation in exercising the superintendent's authority under section 3319.01 of the Revised Code to assign the child to a school of the district, which may include an alternative school established under section 3313.533 of the Revised Code. The district shall release those records only as provided in sections 2317.02, 3319.321, 4732.19, and 5139.05 of the Revised Code and the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, as amended.
(5) Within fourteen days after discharging or releasing a child from an
institution under its control, the department of youth services
shall
provide the court and the school with an updated copy of the
child's
school transcript and a summary of the institutional
record of the
child. The department also shall provide the court
with a copy of any portion
of the child's
institutional record
that the court specifically requests, within five
working days of
the request. (E) At any hearing at which a child is adjudicated a
delinquent
child or as soon as possible after the hearing, the
court shall notify all
victims of the delinquent act who may be
entitled to a
recovery under any of the following sections of the
right of the
victims to recover, pursuant to section 3109.09 of
the Revised
Code, compensatory damages from the child's parents;
of the right of
the victims to recover,
pursuant to section
3109.10 of the Revised Code,
compensatory
damages from the child's
parents for willful and malicious
assaults committed by the child;
and of the right of the victims
to recover an award of reparations
pursuant to sections 2743.51 to
2743.72 of the Revised Code.
Sec. 3313.533. (A) The board of education of a city,
exempted
village, or local school district may adopt a resolution
to establish and
maintain an alternative school in accordance with
this section. The
resolution shall specify, but not necessarily
be limited to, all of the
following: (1) The purpose of the school, which
purpose shall be to
serve students who are on suspension, who are having
truancy
problems, who are experiencing academic failure, who have a
history of
class disruption, or who are exhibiting other academic
or behavioral problems
specified in the resolution, or who have been discharged or released from the custody of the department of youth services under section 5139.51 of the Revised Code; (2) The grades served by the school,
which may include any
of grades kindergarten through twelve; (3) A requirement that the school be operated in accordance
with this
section. The board of education adopting the resolution
under division
(A)
of this section shall be the governing board of
the alternative school. The
board shall develop and implement a
plan for the school in accordance with the
resolution establishing
the school and in accordance with this section.
Each plan shall
include, but not necessarily be limited to, all of the
following: (a) Specification of the reasons for which students will be
accepted for
assignment to the school and any criteria for
admission that are to be used by
the board to approve or
disapprove the assignment of
students to the school; (b) Specification of the criteria and procedures that will
be
used for returning students who have been assigned to the
school back to the
regular education program of the district; (c) An evaluation plan for assessing the effectiveness of
the
school and
its educational program and reporting the results
of the evaluation to the
public. (B) Notwithstanding any
provision of
Title XXXIII of the
Revised Code to the
contrary, the alternative school plan may
include any of the
following: (1) A requirement that on each school day students must
attend school or
participate in other
programs specified in the
plan or by the chief administrative officer of the
school for a
period equal to the minimum school day set by the state board of
education under section 3313.48 of the Revised Code plus any
additional time
required in the
plan or by the chief
administrative officer; (2) Restrictions on student participation in
extracurricular
or interscholastic activities; (3) A requirement that students wear uniforms prescribed by
the
district board of education. (C) In accordance with the alternative school plan, the
district
board of education may employ teachers and nonteaching
employees necessary to
carry out its duties and fulfill its
responsibilities
or may contract with a nonprofit or for profit
entity to operate the alternative school, including the provision
of personnel, supplies, equipment, or facilities. (D) An alternative school may be
established in all or part
of a school building. (E) If a district board
of education elects under this
section, or is required by
section 3313.534 of the Revised
Code,
to establish an
alternative school, the district board may join
with the
board of education of one or more other districts to form
a
joint alternative school by forming a cooperative education
school district under section 3311.52 or 3311.521 of the
Revised
Code, or a joint educational
program under section 3313.842 of the
Revised
Code.
The authority to employ personnel or to contract
with a nonprofit or for profit entity under division (C) of this
section applies to any alternative school program established
under this division.
(F) Any individual employed as a teacher at an alternative
school
operated by a nonprofit or for profit entity under this
section
shall be licensed and shall be subject to background
checks, as
described in section 3319.39 of the Revised Code, in
the same
manner as an individual employed by a school district. (G) Division (G) of this section applies only to any
alternative school that is operated by a nonprofit or for profit
entity under contract with the school district. (1) In addition to the specifications authorized under
division (B) of this section, any plan adopted under that division
for an alternative school to which division (G) of this section
also applies shall include the following: (a) A description of the educational program provided at
the
alternative school, which shall include: (i) Provisions for the school to be configured in clusters
or small learning communities; (ii) Provisions for the incorporation of education
technology into the curriculum; (iii) Provisions for accelerated learning programs in
reading and mathematics. (b) A method to determine the reading and mathematics level
of each student assigned to the alternative school and a method to
continuously monitor each student's progress in those areas. The
methods employed under this division shall be aligned with the
curriculum adopted by the school district board of education under
section 3313.60 of the Revised Code. (c) A plan for social services to be provided at the
alternative school, such as, but not limited to, counseling
services, psychological support services, and enrichment programs; (d) A plan for a student's transition from the alternative
school back to a school operated by the school district; (e) A requirement that the alternative school maintain
financial records in a manner that is compatible with the form
prescribed for
school districts by the auditor of state to enable
the district to comply with any rules adopted by the auditor of
state. (2) Notwithstanding division (A)(2) of this section, any
alternative school to which division (G) of this section applies
shall include only grades six through twelve. (3) Notwithstanding anything in division (A)(3)(a) of this
section to the contrary, the characteristics of students who may
be assigned to an alternative school to which division (G) of this
section applies shall include only disruptive and low-performing
students. (H) When any district board of education determines to
contract with a nonprofit or for profit entity to operate an
alternative school under this section, the board shall use the
procedure set forth in this division. (1) The board shall publish notice of a request for proposals
in a newspaper of general circulation in the district once each
week for a period of at least two consecutive weeks prior to the
date specified by the board for receiving proposals. Notices of
requests for proposals shall contain a general description of the
subject of the proposed contract and the location where the
request for proposals may be obtained. The request for proposals
shall include all of the following information: (a) Instructions and information to respondents concerning
the submission of proposals, including the name and address of the
office where proposals are to be submitted;
(b) Instructions regarding communications, including at least
the names, titles, and telephone numbers of persons to whom
questions concerning a proposal may be directed; (c) A description of the performance criteria that will be
used to evaluate whether a respondent to which a contract is
awarded is meeting the district's educational standards or the
method by which such performance criteria will be determined; (d) Factors and criteria to be considered in evaluating
proposals, the relative importance of each factor or criterion,
and a description of the evaluation procedures to be followed; (e) Any terms or conditions of the proposed contract,
including any requirement for a bond and the amount of such bond; (f) Documents that may be incorporated by reference into the
request for proposals, provided that the request for proposals
specifies where such documents may be obtained and that such
documents are readily available to all interested parties. (2) After the date specified for receiving proposals, the
board shall evaluate the submitted proposals and may hold
discussions with any respondent to ensure a complete understanding
of the proposal and the qualifications of such respondent to
execute the proposed contract. Such qualifications shall include,
but are not limited to, all of the following: (a) Demonstrated competence in performance of the required
services as indicated by effective implementation of educational
programs in reading and mathematics and at least three years of
experience successfully serving a student population similar to
the student population assigned to the alternative school; (b) Demonstrated performance in the areas of cost
containment, the provision of educational services of a high
quality, and any other areas determined by the board; (c) Whether the respondent has the resources to undertake the
operation of the alternative school and to provide qualified
personnel to staff the school; (d) Financial responsibility. (3) The board shall select for further review at least three
proposals from respondents the board considers qualified to
operate the alternative school in the best interests of the
students and the district. If fewer than three proposals are
submitted, the board shall select each proposal submitted. The
board may cancel a request for proposals or reject all proposals
at any time prior to the execution of a contract. The board may hold discussions with any of the three selected
respondents to clarify or revise the provisions of a proposal or
the proposed contract to ensure complete understanding between the
board and the respondent of the terms under which a contract will
be entered. Respondents shall be accorded fair and equal
treatment with respect to any opportunity for discussion regarding
clarifications or revisions. The board may terminate or
discontinue any further discussion with a respondent upon written
notice. (4) Upon further review of the three proposals selected by
the board, the board shall award a contract to the respondent the
board considers to have the most merit, taking into consideration
the scope, complexity, and nature of the services to be performed
by the respondent under the contract. (5) Except as provided in division (H)(6) of this section,
the request for proposals, submitted proposals, and related
documents shall become public records under section 149.43 of the
Revised Code after the award of the contract. (6) Any respondent may request in writing that the board not
disclose confidential or proprietary information or trade secrets
contained in the proposal submitted by the respondent to the
board. Any such request shall be accompanied by an offer of
indemnification from the respondent to the board. The board shall
determine whether to agree to the request and shall inform the
respondent in writing of its decision. If the board agrees to
nondisclosure of specified information in a proposal, such
information shall not become a public record under section 149.43
of the Revised Code. If the respondent withdraws its proposal at
any time prior to the execution of a contract, the proposal shall
not be a public record under section 149.43 of the Revised Code. (I)
Upon a recommendation from the department and in
accordance with section 3301.16 of the Revised Code, the state
board of education may revoke the charter of any alternative
school operated by a school district that violates this section.
Sec. 3313.672. (A)(1) At the time of his initial entry to
a public or nonpublic school, a pupil shall present to the person
in charge of admission any records given him the pupil by the
public or nonpublic elementary or secondary school he the pupil
most recently attended; a certified copy of an order or decree, or
modification of such an order or decree allocating parental rights and
responsibilities for the care of a child and designating a
residential parent and legal custodian of the child, as provided
in division (B) of this section, if that type of order or decree
has been issued; and a certification of birth issued pursuant to
Chapter 3705. of the Revised Code, a comparable certificate or
certification issued pursuant to the statutes of another state,
territory, possession, or nation, or a document in lieu of a
certificate or certification as described in divisions (A)(1)(a)
to (e) of this section. Any of the following shall be accepted
in lieu of a certificate or certification of birth by the person
in charge of admission: (a) A passport or attested transcript of a passport filed
with a registrar of passports at a point of entry of the United
States showing the date and place of birth of the child; (b) An attested transcript of the certificate of birth; (c) An attested transcript of the certificate of baptism
or other religious record showing the date and place of birth of
the child; (d) An attested transcript of a hospital record showing
the date and place of birth of the child; (2) Within (2)(a) If a pupil requesting admission to a school of the school district in which the pupil is entitled to attend school under section 3313.64 or 3313.65 of the Revised Code has been discharged or released from the custody of the department of youth services under section 5139.51 of the Revised Code just prior to requesting admission to the school, the superintendent of the district shall make a written request to the department of youth services to provide the records described in divisions (D)(4)(a) and (b) of section 2152.18 of the Revised Code to a school psychologist identified in accordance with division (A)(2)(b) of this section.
(b) The superintendent shall request that the records be provided only to the following:
(i) If the school district employs only one school psychologist, to that school psychologist;
(ii) If the school district employs more than one school psychologist, and one of the school psychologists reports directly to the superintendent, to the school psychologist who reports directly to the superintendent;
(iii) If the school district employs more than one school psychologist, and more than one of the school psychologists reports directly to the superintendent, to the school psychologist reporting directly to the superintendent who the superintendent designates;
(iv) If the school district employs more than one school psychologist but no school psychologist reports directly to the superintendent, to a school psychologist employed by the district who the superintendent designates;
(v) If the school district does not employ a school psychologist, but receives the services of a school psychologist from an educational service center or pursuant to a contract for such services, to a school psychologist who the superintendent designates.
(c) The superintendent shall include in the request the name and address of the school psychologist to whom the records should be sent.
No
school official shall admit the pupil until the records described in divisions (D)(4)(a) and (b) of section 2152.18 of the Revised Code have been received by the school psychologist named in the request. (3) Except as otherwise provided in division (A)(2) of this section, within twenty-four hours of the entry into the school
of a pupil described in division (A)(1) of this section, a school
official shall request the pupil's official records from the
public or nonpublic elementary or secondary school he the pupil
most recently attended. If the public or nonpublic school the pupil
claims to have most recently attended indicates that it has no
record of the pupil's attendance or the records are not received
within fourteen days of the date of request, or if the pupil does
not present a certification of birth described in division (A)(1)
of this section, a comparable certificate or certification from
another state, territory, possession, or nation, or another
document specified in divisions (A)(1)(a) to (d) of this section,
the principal or chief administrative officer of the school shall
notify the law enforcement agency having jurisdiction in the area
where the pupil resides of this fact and of the possibility that
the pupil may be a missing child, as defined in section 2901.30
of the Revised Code. (B) Whenever an order or decree allocating parental rights
and responsibilities for the care of a child and designating a
residential parent and legal custodian of the child, including a
temporary order, is issued resulting from an action of divorce,
alimony, annulment, or dissolution of marriage, and the order or
decree pertains to a child who is a pupil in a public or
nonpublic school, the residential parent of the child shall
notify the school of those allocations and designations by
providing the person in charge of admission at the pupil's school
with a certified copy of the order or decree that made the
allocation and designation. Whenever there is a modification of
any order or decree allocating parental rights and
responsibilities for the care of a child and designating a
residential parent and legal custodian of the child that has been
submitted to a school, the residential parent shall provide the
person in charge of admission at the pupil's school with a
certified copy of the order or decree that makes the
modification. (C) If, at the time of a pupil's initial entry to a public
or nonpublic school, the pupil is under the care of a shelter for
victims of domestic violence, as defined in section 3113.33 of
the Revised Code, the pupil or his the pupil's parent shall
notify the school of that fact. Upon being so informed, the school shall
inform the elementary or secondary school from which it requests the
pupil's records of that fact.
Sec. 5139.05. (A) The juvenile court may commit any child
to the department of youth services as authorized in
Chapter
2152. of the Revised
Code, provided that any child so
committed
shall be at least ten years of age at the time
of the child's
delinquent act, and, if the child is ten
or eleven years of age,
the delinquent act is a
violation of section 2909.03 of the
Revised Code or would be aggravated murder, murder, or a
first or
second degree felony
offense of violence if committed by an adult.
Any order to commit a
child to an
institution
under the control
and management of the department shall have the
effect of ordering
that the child be committed to the department
and assigned to an
institution as follows: (1) For an indefinite term consisting
of the prescribed
minimum period specified by the court
under
division (A)(1) of
section 2152.16 of the Revised Code and a
maximum
period not
to
exceed the child's attainment of twenty-one
years of
age, if the
child was committed pursuant to
section
2152.16 of
the Revised
Code; (2) Until the child's attainment of twenty-one years of
age,
if the child was
committed for aggravated murder or murder
pursuant to section 2152.16 of the Revised Code; (3) For a period of commitment that shall be in addition to,
and shall be
served consecutively with and prior to, a period of
commitment
described in division (A)(1) or (2) of this
section, if
the child was committed pursuant to
section
2152.17 of the
Revised Code; (4) If the child is ten or
eleven years of age, to an
institution, a residential care facility, a residential facility,
or a
facility licensed by the department of job and family
services that the
department of youth services considers best
designated for the training and
rehabilitation of the child and
protection of the public. The child shall be
housed separately
from children who are twelve years of age or older until the child
is
released or discharged
or until the child attains twelve years
of age, whichever occurs
first. Upon the child's attainment of
twelve years of
age, if the child has not been released or
discharged, the
department is not required to house the child
separately. (B)(1)
Except as otherwise provided in section 5139.54 of
the Revised Code, the release authority of the department of youth
services,
in accordance with section 5139.51 of the Revised Code
and at any time
after the end of the
minimum period
specified
under
division (A)(1) of section 2152.16
of the Revised Code, may
grant the
release
from custody of any
child committed to the
department. The order committing a child to the department of youth
services shall state that the child has been adjudicated a
delinquent child and state the
minimum period.
The
jurisdiction
of the court terminates at the end
of the
minimum period
except
as follows: (a) In relation to judicial release
procedures,
supervision, and violations; (b) With respect to
functions of the court related to the
revocation of supervised release that
are specified in
sections
5139.51 and 5139.52 of the
Revised
Code; (c) In relation to its duties relating to serious youthful
offender dispositional sentences under sections 2152.13 and
2152.14 of the Revised Code. (2) When a child has been committed to the
department under
section 2152.16 of the Revised Code,
the department shall retain
legal custody of the child until one of the following: (a) The department discharges the child to the exclusive
management, control, and
custody of the child's parent or the
guardian of
the child's person or, if the child is eighteen years
of age or older, discharges the child. (b) The
committing court, upon its own motion, upon petition
of the
parent, guardian of the person, or next friend of a child,
or
upon petition of the department, terminates the department's
legal custody of the child. (c) The committing court grants the child a
judicial release
to court supervision under
section 2152.22
of the Revised Code. (d) The department's legal
custody of the child is
terminated automatically by the child
attaining twenty-one years
of age. (e) If the child is subject to a serious youthful offender
dispositional sentence, the adult portion of that dispositional
sentence is
imposed under section 2152.14 of the Revised Code. (C) When a child is committed to the department of youth
services, the department may assign the child to a hospital for
mental, physical, and other examination, inquiry, or treatment
for
the period of time that is necessary. The department may
remove
any child in its custody to a hospital for observation,
and a
complete report of every observation at the hospital
shall be made
in writing and shall include a record of
observation, treatment,
and medical history and a recommendation
for future treatment,
custody, and maintenance. The department
shall thereupon order
the placement and treatment that it
determines to be most
conducive to the purposes of Chapters 2151.
and 5139. of the
Revised Code. The committing court and all
public authorities
shall make available to the department all
pertinent data in their
possession with respect to the case. (D) Records maintained by the department of youth services
pertaining to the children in its custody shall be accessible
only
to department employees, except by consent of the department
or,
upon the order of the judge of a court of record, or as provided in divisions (D)(1) and (2) of this section. These
records
shall not be considered "public records," as defined in
section
149.43 of the Revised Code. (1) Except as otherwise provided by a law of this state or the
United
States, the department of youth services may release
records that are
maintained by the department of youth services
and that pertain to children in
its custody to the department of
rehabilitation and correction regarding
persons who are under the
jurisdiction of the department of rehabilitation and
correction
and who have previously been committed to the department of youth
services. The department of rehabilitation and correction may use
those
records for the limited purpose of carrying out the duties
of the department
of rehabilitation and correction. Records
released by the department of youth
services to the department of
rehabilitation and correction shall remain
confidential and shall
not be considered public records as defined in section
149.43 of
the Revised Code. (2) The department of youth services shall provide the records described in divisions (D)(4)(a) and (b) of section 2152.18 of the Revised Code to the school psychologist named by the school district in which a child discharged or released from the custody of the department is entitled to attend school under section 3313.64 or 3313.65 of the Revised Code. Subject to the provisions of this section and sections 2317.02, 3319.321, and 4732.19 of the Revised Code and the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, as amended, the records released shall remain confidential and shall not be considered public records as defined in section 149.43 of the Revised Code. (E)(1) When a child is committed to the department of
youth
services, the department, orally or in writing, shall
notify the
parent, guardian, or custodian of a child that the
parent,
guardian, or custodian may request at any time from the
superintendent of the institution in which the child is located
any of the information described in divisions (E)(1)(a), (b),
(c),
and (d) of this section. The parent, guardian, or custodian
may
provide the department with the name, address, and telephone
number of the parent, guardian, or custodian, and, until the
department is notified of a change of name, address, or telephone
number, the department shall use the name, address, and telephone
number provided by the parent, guardian, or custodian to provide
notices or answer inquiries concerning the following information: (a) When the department of youth services makes a
permanent
assignment of the child to a facility, the department,
orally or
in writing and on or before the third business day
after the day
the permanent assignment is made, shall notify the
parent,
guardian, or custodian of the child of the name of the
facility to
which the child has been permanently assigned. If a parent, guardian, or custodian of a child who is
committed to the department of youth services requests, orally or
in writing, the department to provide the parent, guardian, or
custodian with the name of the
facility in which the child is
currently located, the department,
orally or in writing and on or
before the next business day after
the day on which the request is
made, shall provide the name of
that facility to the parent,
guardian, or custodian. (b) If a parent, guardian, or custodian of a child who is
committed to the department of youth services, orally or in
writing, asks the superintendent of the institution in which the
child is located whether the child is being disciplined by the
personnel of the institution, what disciplinary measure the
personnel of the institution are using for the child, or why the
child is being disciplined, the superintendent or the
superintendent's designee,
on or before the next business day
after the day on which the
request is made, shall provide the
parent, guardian, or custodian
with written or oral responses to
the questions. (c) If a parent, guardian, or custodian of a child who is
committed to the department of youth services, orally or in
writing, asks the superintendent of the institution in which the
child is held whether the child is receiving any medication from
personnel of the institution, what type of medication the child
is
receiving, or what condition of the child the medication is
intended to treat, the superintendent or the
superintendent's
designee, on or
before the next business day after the day on
which the request
is made, shall provide the parent, guardian, or
custodian with
oral or written responses to the questions. (d) When a major incident occurs with respect to a child
who
is committed to the department of youth services, the
department,
as soon as reasonably possible after the major
incident occurs,
shall notify the parent, guardian, or custodian
of the child that
a major incident has occurred with respect to
the child and of all
the details of that incident that the
department has ascertained. (2) The failure of the department of youth services to
provide any notification required by or answer any requests made
pursuant to division (E) of this section does not create a cause
of action against the state. (F) The department of youth services, as a means of
punishment while the child is in its custody, shall not prohibit
a
child who is committed to the department from seeing that
child's
parent, guardian, or custodian during standard visitation
periods
allowed by the department of youth services unless the
superintendent of the institution in which the child is held
determines that permitting that child to visit with the
child's
parent,
guardian, or custodian would create a safety risk to that
child,
that child's parents, guardian, or custodian, the personnel
of
the institution, or other children held in that institution. (G) As used in this section: (1) "Permanent assignment" means the assignment or
transfer
for an extended period of time of a child who is
committed to the
department of youth services to a facility in
which the child will
receive training or participate in
activities that are directed
toward the child's successful
rehabilitation. "Permanent
assignment" does not include the
transfer of a child to a facility
for judicial release
hearings
pursuant to section 2152.22 of the
Revised Code or for
any other
temporary assignment or transfer to
a facility. (2) "Major incident" means the escape or attempted escape
of
a child who has been committed to the department of youth
services
from the facility to which the child is assigned; the
return to
the custody of the department of a child who has
escaped or
otherwise fled the custody and control of the
department without
authorization; the allegation of any sexual
activity with a child
committed to the department; physical
injury to a child committed
to the department as a result of
alleged abuse by department
staff; an accident resulting in
injury to a child committed to the
department that requires
medical care or treatment outside the
institution in which the
child is located; the discovery of a
controlled substance upon
the person or in the property of a child
committed to the
department; a suicide attempt by a child
committed to the
department; a suicide attempt by a child
committed to the
department that results in injury to the child
requiring
emergency medical services outside the institution in
which the
child is located; the death of a child committed to the
department; an injury to a visitor at an institution under the
control of the department that is caused by a child committed to
the department; and the commission or suspected commission of an
act by a child committed to the department that would be an
offense if committed by an adult. (3) "Sexual activity" has the same meaning as in section
2907.01 of the Revised Code. (4) "Controlled substance" has the same meaning as in
section 3719.01 of the Revised Code. (5) "Residential care facility" and "residential facility"
have
the same meanings as in section 2151.011 of the Revised Code.
Section 2. That existing sections 2152.18, 3313.533, 3313.672, and 5139.05 of the Revised Code are hereby repealed.
Section 3. Section 2152.18 of the Revised Code is presented in
this act as a composite of the section as amended by both Sub. H.B. 247 and Sub. H.B. 393 of
the 124th 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.
|
|