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(125th General Assembly)
(Amended Substitute House Bill Number 117)
AN ACT
To amend sections 109.572, 2151.86, 5103.02, 5103.03, 5103.031, 5103.032, 5103.033, 5103.035, 5103.037, 5103.038, 5103.039, 5103.0311, 5103.0316, 5103.0317, 5120.65, and 5153.60 and to repeal section 5103.0310 of the Revised Code and to repeal Section 160 of Am. Sub. H.B. 95 of the 125th General Assembly to revise foster caregiver training requirements, add additional offenses to those that disqualify a person as a person responsible for a child's care in out-of-home care or prospective adoptive parent, permit the Department of Job and Family Services to seek injunctive relief in certain circumstances, and eliminate the duty of the Legislative Office of Education Oversight to review certain types of Head Start agreements.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 109.572, 2151.86, 5103.02, 5103.03, 5103.031, 5103.032, 5103.033, 5103.035, 5103.037, 5103.038, 5103.039, 5103.0311, 5103.0316, 5103.0317, 5120.65, and 5153.60 of the Revised Code be amended to read as follows:
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 5123.081 of the Revised Code with respect to an applicant for employment in any position with the department of mental retardation and developmental disabilities, 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 direct services position with an entity contracting with a county board for employment, 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 municipal ordinance or 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: (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, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense; (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 5111.95 or 5111.96 of the Revised Code with respect to an applicant for employment with a waiver agency participating in a department of job and family services administered home and community-based waiver program or an independent provider participating in a department administered home and community-based waiver program in a position that involves providing home and community-based waiver services to consumers with 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
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,
2903.041, 2903.11, 2903.12, 2903.13, 2903.16,
2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 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, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 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;
(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) 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: (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)(6)(a) of this section. (7) 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. (8) When conducting a criminal records check on 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, 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 a violation any of the following: (a) Section 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 or, 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, or felonious sexual penetration in violation of former section 2907.12 of the Revised Code; (b) An 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)(8)(a) of this section 2909.02 or 2909.03 of the Revised Code. (9) Not later than thirty days after the date the superintendent receives the request, completed form, and fingerprint impressions, the superintendent shall send the person, board, or entity that 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), (5), (6), (7), or (8) of this section, as appropriate. The superintendent shall send the person, board, or entity that made the request a copy of the list of offenses specified in division (A)(1), (2), (3), (4), (5), (6), (7), or (8) 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 (6) 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, 5111.95, 5111.96, 5123.081, 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;
(3) The superintendent or the superintendent's designee may request criminal history records from other states or the federal government pursuant to the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code. (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, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The form that the superintendent prescribes pursuant to this division may be in a tangible format, in an electronic format, or in both tangible and electronic formats. (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, 5111.95, 5111.96, 5123.081, 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. The standard impression sheets the superintendent prescribes pursuant to this division may be in a tangible format, in an electronic format, or in both tangible and electronic formats. (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, 5111.95, 5111.96, 5123.081, 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, 5111.95, 5111.96, 5123.081, 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. (4) The superintendent of the bureau of criminal identification and investigation may prescribe methods of forwarding fingerprint impressions and information necessary to conduct a criminal records check, which methods shall include, but not be limited to, an electronic
method. (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), (A)(5)(a) or (b), (A)(6), (A)(7)(a) or (b), or (A)(8)(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. (E) As used in this section: (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) "Home and community-based waiver services" and "waiver agency" have the same meanings as in section 5111.95 of the Revised Code. (3) "Independent provider" has the same meaning as in section 5111.96 of the Revised Code. (4) "Minor drug possession offense" has the same meaning as in section 2925.01 of the Revised Code. (5) "Older adult" means a person age sixty or older.
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 BCII to
conduct a
criminal records check with respect to any 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) The administrative director
of an agency, or attorney,
who arranges an adoption for a prospective adoptive
parent shall request the
superintendent of BCII to conduct a criminal records check
with respect
to that prospective adoptive parent and all persons eighteen years of age or older who reside with the prospective adoptive 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 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
person from the federal
bureau of investigation in a criminal
records check, the appointing or hiring officer,
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 person subject to the criminal
records check presents proof that the person has been a resident of
this state for
that five-year period, the
officer, director, or
attorney may request that
the superintendent of BCII include information from the
federal bureau of
investigation in the criminal records check. An appointing or hiring officer, administrative
director, or attorney required by division (A) of this section
to request a criminal records check shall provide to each
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 the
person, and
forward the completed form and impression sheet to the
superintendent of BCII at the time the
criminal records
check is requested. Any person subject to a criminal records
check who receives pursuant to this division
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 person's
fingerprints. If
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 person's
fingerprints, the appointing or hiring officer shall not
appoint or employ
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 issue a
certificate authorizing the
prospective
foster caregiver to operate a
foster
home. (C)(1) No appointing or hiring
officer shall appoint or employ a person as a person
responsible for a child's care in out-of-home care, 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,
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 or, in the case of a prospective foster caregiver or prospective adoptive parent, any person eighteen years of age or older who resides with the prospective foster caregiver or prospective adoptive parent 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 (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, 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, 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 (C)(1)(a) of this
section. (2)
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
conditionally until the criminal records check required by this
section is completed and the officer receives the results
of the
criminal records check. If the results of the criminal records
check indicate that, pursuant to division (C)(1) of this
section,
the person subject to the criminal records check does
not qualify for appointment or employment, the
officer shall
release the person from appointment or
employment.
(D) The 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) of this
section. The officer, director, or attorney
may charge the person
subject to the criminal records check a fee
for the costs the officer, director, or attorney incurs in
obtaining the criminal records check. A fee charged under this division shall
not exceed the amount of fees the officer, director, or
attorney pays for the criminal records check. If a fee is
charged under this division, the
officer, director, or attorney shall notify the person
who is the applicant at the time of the person's initial
application for appointment or employment, an adoption to be
arranged, or a
certificate to operate a
foster home of the amount of the fee and that, unless the
fee
is paid, the person who is the applicant will not
be considered for appointment or
employment or as an
adoptive parent or foster caregiver. (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) 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
person who is the subject of the criminal records check or
the person's representative;
the appointing or hiring officer, administrative director, or
attorney requesting
the criminal records check
or 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, a final decree of adoption
or interlocutory order of adoption, or a foster
home certificate. (F) 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 rehabilitation
standards a person who has been convicted
of or pleaded guilty to an offense listed in
division
(C)(1) or (2) of this
section must meet for an appointing or hiring officer to
appoint or employ the person as a person
responsible for a child's care in out-of-home care, 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. (G) An appointing or hiring officer,
administrative director, or attorney required by division (A) 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,
an adoption to be arranged, or a foster
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. (H) The department of job and family services may waive the requirement that a criminal records check based on fingerprints be conducted for an adult resident of a prospective adoptive or foster home or the home of a foster caregiver if the recommending agency documents to the department's satisfaction that the adult resident is physically unable to comply with the fingerprinting requirement and poses no danger to foster children or adoptive children who may be placed in the home. In such cases, the recommending or approving agency shall request that the bureau of criminal identification and investigation conduct a criminal records check using the person's name and social security number.
(I) As used in this section: (1) "Children's hospital" means any of the following: (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 (H)(I)(3)(a) of this section. (2) "Criminal records check" has the same meaning as in
section 109.572 of the Revised Code. (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. (5) "Person subject to a criminal records check" means the following: (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; (b) A prospective adoptive parent; (c) A prospective foster caregiver; (d) A person eighteen years old or older who resides with a
prospective foster
caregiver or a prospective adoptive parent. (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.
Sec. 5103.02. As used in sections 5103.03 to 5103.17 of
the Revised Code: (A) "Association" or "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, including the operator of a foster home, 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"
means a foster home that is not a specialized 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 specialized foster homes
are types of foster homes. (D)(E) "Medically fragile foster home"
means a foster home that provides specialized medical services designed to
meet the needs of children
with intensive health care needs who meet all of the following
criteria:
(1) Under rules adopted by the department of job and
family services governing payment under Chapter 5111. of the
Revised Code for long-term care
services, the children require a skilled level of care. (2) The children require the services of a doctor of medicine or
osteopathic medicine at least once a week
due to the instability of their medical conditions. (3) The children require the services of a registered nurse on a daily
basis. (4) The children are at risk of institutionalization in a hospital,
skilled nursing facility, or intermediate care facility for the mentally
retarded. (E)(F) "Recommending agency" means a public children services
agency, private child placing agency, or private noncustodial agency that
recommends that the department of job and family services take any of the
following
actions under section 5103.03 of the Revised Code regarding a foster home:
(1) Issue a certificate; (2) Deny a certificate; (3) Renew a certificate; (4) Deny renewal of a certificate; (5) Revoke a certificate. (F)(G) "Specialized foster home" means a medically fragile foster
home or a treatment foster home.
(G) "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)(H) "Treatment foster home" means a foster home that
incorporates special rehabilitative services designed to treat the specific
needs of the children received in the foster home and that
receives and cares for children who are emotionally or behaviorally disturbed,
chemically dependent, mentally retarded, developmentally disabled, or who
otherwise have exceptional needs.
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. (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 is operating without a certificate, the director may
petition the court of common pleas in the county in which the
facility institution or association is located for an order enjoining the its 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.
(I) If both of the following are the case, the director of job and family services may petition the court of common pleas of any county in which an institution or association that holds a certificate under this section operates for an order, and the court may issue an order, preventing the institution or association from receiving additional children into its care or an order removing children from its care:
(1) The department has evidence that the life, health, or safety of one or more children in the care of the institution or association is at imminent risk.
(2) The department has issued a proposed adjudication order pursuant to Chapter 119. of the Revised Code to deny renewal of or revoke the certificate of the institution or association.
Sec. 5103.031. (A) Except as provided in section 5103.033
of the Revised
Code, the department of job and family services may
not issue a
certificate under section 5103.03 of the Revised Code
to a foster
home unless the foster caregiver successfully
completes the following amount
of preplacement training through
a preplacement training
program
operated under section 5103.034 or 5153.60 of the Revised
Code: (1)(A) If the foster home is a family foster home, at least
twelve twenty-four hours;
(2)(B) If the foster home is a specialized foster home, at
least
thirty-six hours.
(B) No child may be placed in a family foster home unless
the
foster caregiver completes at least twelve additional hours of
preplacement
training through
a
preplacement training program operated under section
5103.034 or 5153.60 of the
Revised Code.
Sec. 5103.032. (A) Except as provided in divisions (B)
and, (C), and (D) of this section and in section 5103.033 of the Revised Code, the
department of job and family services may not renew a
foster home certificate under section 5103.03 of the Revised Code
unless the foster caregiver successfully completes the following amount of
continuing training in accordance with the foster caregiver's needs assessment
and continuing training plan developed and implemented under section
5103.035 of the Revised Code: (1) If the foster home is a family foster home, at least
twenty forty hours each year in the preceding two-year period; (2) If the foster home is a specialized foster home, at least
thirty sixty hours each year in the preceding two-year period.
The continuing training required by this section shall comply with rules the department adopts pursuant to section 5103.0316 of the Revised Code. (B) A At the beginning of a foster caregiver's two-year certification period, a public children services agency, private child placing
agency, or private noncustodial agency acting as a recommending agency for a
foster caregiver holding a certificate issued under
section 5103.03 of the Revised Code for a family foster home or specialized foster home
may waive up to four eight hours
of continuing training the foster caregiver is otherwise required by
division (A) of this section to complete in a year in that two-year certification period if all
of the following apply: (1) The foster caregiver has provided foster care held a certificate issued under section 5103.03 of the Revised Code for a family foster home or specialized foster home for at least two years; (2) The foster caregiver has provided foster care for at least
ninety days of the twelve months preceding the date the
agency issues the waiver; (3) The foster caregiver has not violated any requirements
governing certification of foster homes during the twelve months
preceding the date the agency issues the waiver; (4) The foster caregiver has complied in full with the needs
assessment and continuing training plan developed for the foster
caregiver under section 5103.035 of the Revised Code for the preceding certification period. (C) Each recommending agency shall establish and implement a
policy regarding good cause for a foster caregiver's failure to complete the
continuing training in
accordance with division (A) of this section. If the foster
caregiver complies with the policy, as determined by the agency, the
department may renew the foster caregiver's
foster home certificate. The agency shall submit the policy to
the department and provide a copy to each foster home the agency recommends for
certification or renewal. The policy shall include the following: (1) What constitutes good cause, including documented illness,
critical emergencies, and lack of accessible training programs; (2) Procedures for developing a scheduled corrective action plan
that provides for prompt completion of the continuing training; (3) Procedures for recommending revocation of the foster home
certificate if the foster caregiver fails to comply with the corrective
action plan.
(D) A foster caregiver shall be given an additional amount of time within which the foster caregiver must complete the continuing training required under division (A) of this section in accordance with rules adopted by the department of job and family services if either of the following applies:
(1) The foster caregiver has served in active duty outside this state with a branch of the armed forces of the United States for more than thirty days in the preceding two-year period.
(2) The foster caregiver has served in active duty as a member of the Ohio organized militia, as defined in section 5923.01 of the Revised Code, for more than thirty days in the preceding two-year period and that active duty relates to either an emergency in or outside of this state or to military duty in or outside of this state.
Sec. 5103.033. (A) The department of job and family
services may
issue
or renew a certificate under section 5103.03 of the Revised
Code
to a foster home for the care of a child who is in the
custody of a public
children services agency or private child
placing agency pursuant to an agreement entered into under section
5103.15 of the Revised Code regarding a child who was less
than
six months of age on the date the agreement was executed if the
foster
caregiver
successfully completes the following amount of
training: (A)(1) For an initial certificate, at least twelve hours of
preplacement training through
a preplacement training program operated
under section
5103.034 or 5153.60 of the Revised Code;
(B)(2) For renewal of a certificate, at least twelve twenty-four hours
each
year
of continuing training in the preceding two-year period in accordance with the foster
caregiver's needs
assessment and continuing training plan
developed and implemented under section
5103.035 of the
Revised
Code.
(B) A foster caregiver to whom either division (B)(1) or (2) of this section applies shall be given an additional amount of time within which to complete the continuing training required under division (A)(2) of this section in accordance with rules adopted by the department of job and family services:
(1) The foster caregiver has served in active duty outside this state with a branch of the armed forces of the United States for more than thirty days in the preceding two-year period.
(2) The foster caregiver has served in active duty as a member of the Ohio organized militia, as defined in section 5923.01 of the Revised Code, for more than thirty days in the preceding two-year period and that active duty relates to either an emergency in or outside of this state or to military duty in or outside of this state.
Sec. 5103.035. A public children services agency, private child placing
agency, or
private noncustodial agency acting as a recommending agency for a foster
caregiver holding a certificate issued under section 5103.03 of the Revised
Code shall develop and implement a written
needs assessment and continuing training plan for the foster caregiver.
Each needs assessment and continuing training plan
shall satisfy all of the following requirements: (A) Be effective for the two-year period the foster caregiver's
certificate is in effect; (B) Be appropriate for the type of foster home the foster
caregiver operates; (C) Require the foster caregiver to successfully complete the
courses each continuing training program must provide as specified training required by the department in
rules adopted pursuant to section 5103.0310 or 5103.0311 5103.0316 of the Revised Code, as
appropriate, and any other courses
the agency considers appropriate; (D) Include criteria the agency is to use to determine whether
the foster caregiver has successfully completed the courses; (E) Guarantee that the courses the foster caregiver is required
to complete are available to the foster caregiver at reasonable times and
places; (F) Specify whether the agency will waive any of the hours of
continuing training the foster caregiver is required by section 5103.032
of the Revised Code to complete annually if the foster
caregiver satisfies the conditions for the agency to issue a waiver. If the
agency will issue a waiver, the agency shall
state in the needs assessment and continuing training plan the
number of hours of continuing training, not to exceed four eight, that
the agency will waive.
Sec. 5103.037. The department of job and family services, in consultation
with the departments of youth services, mental health, education, mental
retardation and developmental disabilities, and alcohol and drug
addiction services, shall develop a model design of a preplacement training
program for
foster caregivers seeking an initial certificate under section
5103.03 of the Revised Code and a model design of a
continuing training
program for foster caregivers seeking renewal of a certificate under that
section. The model design of a preplacement training program
shall comply with section 5103.039 of the Revised Code.
The model design of a continuing training program shall comply with rules adopted pursuant to division (C) of section
5103.0310 5103.0316 of the Revised Code. The department of job and family services shall make the
model designs
available to the Ohio child welfare training program, private child placing
agencies, and private noncustodial agencies.
Sec. 5103.038. (A) Every other year by a date specified in rules
adopted under
section 5103.0316 of the Revised Code, each
private child placing agency and private
noncustodial agency that seeks to operate a
preplacement training program or continuing training program under section
5103.034 of the Revised Code shall submit to the department
of job and family services a proposal outlining the program. The proposal may
be the same as, a modification of, or different from, a model design developed
under section 5103.037 of the Revised Code. (B) Not later than thirty days after receiving a
proposal under division (A) of this section,
the department shall either approve or disapprove
the proposed program.
The department shall approve a proposed preplacement training program
if it complies with section 5103.039 or 5103.0310 5103.0311 of the Revised
Code, as appropriate, and, in the case of a proposal submitted by an
agency operating a
preplacement training program at the time the proposal is submitted, the
department is satisfied with the agency's operation of the program.
The department shall approve a proposed continuing training program if it
complies with rules adopted pursuant to division (C) of section 5103.0310 or 5103.0311 5103.0316 of the Revised
Code, as appropriate, and, in
the case of a proposal submitted by an agency operating a continuing training
program at the time the proposal is submitted, the department is satisfied
with the agency's operation of the program.
If
the department disapproves a proposal, it shall provide the reason for
disapproval to the agency that
submitted the proposal and advise the agency of how to revise the proposal so
that the department can approve it. (C) The department's approval under division (B) of this
section of a proposed
preplacement training program or continuing training program is valid only
for two years following the year the proposal for the program is submitted to
the department under division (A) of this section.
Sec. 5103.039. Except for preplacement training programs described in
section 5103.0311 of the Revised Code, a preplacement training program shall
consist of courses in the role of foster caregivers as a part of the
care and treatment of foster children. A foster caregiver shall complete all
of the courses, which shall address all of the following: (A) The legal rights and responsibilities of foster
caregivers; (B) Public children services agencies, private child placing agencies,
and private noncustodial agencies' policies and procedures regarding
foster caregivers; (C) The department of job and family services' requirements for
certifying foster homes; (D) The effects placement, separation, and attachment issues have
on children, their families, and foster caregivers; (E) Foster caregivers' involvement in permanency planning for
children and their families; (F) The effects of physical abuse, sexual abuse, emotional abuse,
neglect, and substance abuse on normal human growth and
development; (G) Behavior management techniques; (H) Effects of caregiving on children's families; (I) Cultural issues in placement; (J) Prevention, recognition, and management of communicable
diseases; (K) Community health and social services available to children
and their families; (L) Cardiopulmonary resuscitation and first aid; (M) The substance of section 2151.62 2152.72 of the Revised Code. A
course addressing section 2151.62 2152.72 of the Revised Code shall
be not less than one hour long.
(N)(M) In the case of a preplacement training program for a foster
caregiver seeking certification for a specialized foster home,
additional issues specific to the types of children placed in
specialized foster homes, including cardiopulmonary resuscitation and first aid, appropriate behavioral intervention techniques, such as de-escalation, self-defense, and physical restraint techniques
and the appropriate use of physical restraints and up to eight hours of
special education surrogate parent training such techniques.
Sec. 5103.0311. (A) A preplacement training program for foster
caregivers described in section 5103.033 of the Revised Code shall
consist of courses that address all of the following: (1) The legal rights and responsibilities of foster caregivers; (2) The policies and procedures of public children services agencies,
private child placing agencies, and private noncustodial agencies
regarding foster caregivers; (3) The department of job and family services' requirements for
certifying foster homes; (4) Infant care; (5) Cardiopulmonary resuscitation and first aid; (6) Early childhood development.
(B) A continuing training program for foster caregivers described
in section 5103.033 of the Revised Code shall consist of courses
that address both of the following: (1) Infant care;
(2) Early childhood development, including developmentally
appropriate activities meet the requirements of rules adopted pursuant to section 5103.0316 of the Revised Code.
Sec. 5103.0316. The
department of
job and family services shall adopt
rules
in accordance with
Chapter 119. of the Revised Code
as necessary
for the efficient
administration of sections 5103.031 to 5103.0316
of the
Revised
Code. The rules shall provide for all of the
following: (A) For the purpose of section 5103.038 of the Revised Code,
the date by
which a private child
placing agency or
private
noncustodial agency that seeks to
operate a preplacement training program or
continuing training
program under section 5103.034 of the Revised Code must
submit to
the department a proposal outlining the program; (B) Requirements governing
the department's compensation of
private child placing agencies
and private
noncustodial
agencies under
sections 5103.0312
and
5103.0313 of
the Revised Code; (C) Requirements governing the continuing training required by sections 5103.032 and 5103.033 of the Revised Code; (D) Any other matter the department considers appropriate.
Sec. 5103.0317. A foster home may not
receive more than five children
apart from their parents, guardian, or custodian, except in order to
any of the following circumstances: (A) To accommodate a sibling group or the remaining members of a sibling group; (B) When the additional child or children are related to the foster caregiver by blood or marriage; (C) When the additional child or children are foster children who previously resided in the foster home; (D) When the additional child or children are the children of a foster child who resides in the foster home.
Sec. 5120.65. (A) The department of rehabilitation and correction may establish in one or more of the institutions for women operated by the department a prison nursery program under which eligible inmates and children born to them while in the custody of the department may reside together in the institution. If the department establishes a prison nursery program in one or more institutions under this section, sections 5120.651 to 5120.657 of the Revised Code apply regarding the program. If the department establishes a prison nursery program and an inmate participates in the program, neither the inmate's participation in the program nor any provision of sections 5120.65 to 5120.658 5120.657 of the Revised Code affects, modifies, or interferes with the inmate's custodial rights of the child or establishes legal custody of the child with the department. (B) As used in sections 5120.651 to 5120.657 of the Revised Code: (1) "Prison nursery program" means the prison nursery program established by the department of rehabilitation and correction under this section, if one is so established. (2) "Public assistance" has the same meaning as in section 5101.58 of the Revised Code. (3) "Support" means amounts to be paid under a support order. (4) "Support order" has the same meaning as in section 3113.21 3119.01 of the Revised Code.
Sec. 5153.60. (A) The department of job and family services
shall
establish a statewide program that provides all of the following: (1) The training
section 5153.122 of the Revised Code requires public children
services agency caseworkers and supervisors to complete; (2) The preplacement and continuing training
described in sections 5103.034, 5103.039, 5103.0310, and 5103.0311 of the
Revised Code that foster caregivers are required by sections
5103.031, 5103.032, and 5103.033 of the Revised Code to obtain; (3) The education programs for adoption assessors required by section 3107.014 of the Revised Code. (B) The program established pursuant to division (A) of this section shall be
called the "Ohio child welfare training
program."
SECTION 2. That existing sections 109.572, 2151.86, 5103.02, 5103.03, 5103.031, 5103.032, 5103.033, 5103.035, 5103.037, 5103.038, 5103.039, 5103.0311, 5103.0316, 5103.0317, 5120.65, and 5153.60 and section Sec. 5103.0310. of the Revised Code are hereby repealed.
SECTION 3. That Section 160 of Am. Sub. H.B. 95 of the 125th General Assembly is hereby repealed. SECTION 4. Section 5103.02 of the Revised Code is presented
in this act
as a composite of the section as amended by both
Sub.
H.B. 332 and Sub. H.B. 448 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.
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