130th Ohio General Assembly
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Sub. H. B. No. 117As Reported by the House Human Services and Aging Committee
As Reported by the House Human Services and Aging Committee

125th General Assembly
Regular Session
2003-2004
Sub. H. B. No. 117


REPRESENTATIVES Widowfield, Husted, Hollister, McGregor, Kearns, Seitz, White, Gilb, Allen, Schmidt, Schneider, Brown, Perry, Cirelli, Reidelbach, Price, Hagan, Flowers, Otterman



A BILL
To amend sections 2151.86, 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 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, and permit the Department of Job and Family Services to seek injunctive relief in certain circumstances.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2151.86, 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. 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.
(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, any person eighteen years of age or older who resides with the prospective foster caregiver 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) 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)(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.
(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. 5103.03.  (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 the Ohio child welfare training program or a preplacement training program operated under section 5103.034 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 the Ohio child welfare training program or a preplacement training program operated under section 5103.034 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 who has served in active duty outside Ohio with a branch of the armed forces of the United States for more than thirty days in the preceding two-year period or has served in active duty as a member of the Ohio national guard during an emergency in Ohio that lasted longer than thirty days of the preceding two-year period shall be required to complete a reduced amount of continuing training required under division (A) of this section in accordance with rules adopted by the department of job and family services.
Sec. 5103.033.  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) For an initial certificate, at least twelve hours of preplacement training through the Ohio child welfare training program or a preplacement training program operated under section 5103.034 of the Revised Code;
(B) For renewal of a certificate, at least twelve twenty-four hours each year in the preceding two-year period 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;
(C) For a foster caregiver who has served in active duty outside Ohio with a branch of the armed forces of the United States for more than thirty days of the preceding two-year period or has served in active duty as a member of the Ohio national guard during an emergency in Ohio that lasted longer than thirty days of the preceding two-year period, a reduced amount of continuing training required under division (B) of this section in accordance with rules adopted by the department of job and family services.
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 public children services agencies, 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 public children services agency, 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. The proposal shall include a budget for the program regarding the cost associated with trainers, obtaining sites at which the training is provided, and the administration of the training. The budget shall be consistent with rules adopted under section 5103.0316 of the Revised Code governing the department of job and family services' reimbursement of public children services agencies, private child placing agencies, and private noncustodial agencies under section 5103.0313 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. The department shall disapprove a proposed program if the program's budget is not consistent with rules adopted under section 5103.0316 of the Revised Code governing the department's reimbursement of public children services agencies, private child placing agencies, and private noncustodial agencies under section 5103.0313 of the Revised Code. 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) In the case of a preplacement training program for a foster caregiver seeking certification for a specialized treatment foster home, additional issues specific to the types of children placed in specialized treatment foster homes, including 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.  Not later than ninety days after January 1, 2001, the 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 public children services agency, 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 reimbursement of the Ohio child welfare training program and public children services agencies, 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.  The department of job and family services shall establish a statewide program that provides the training section 5153.122 of the Revised Code requires public children services agency caseworkers and supervisors to complete. The program may also provide the preplacement and continuing training described in sections 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. The program shall be called the "Ohio child welfare training program."
Section 2. That existing sections 2151.86, 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 5103.0310 of the Revised Code are hereby repealed.
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