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(125th General Assembly)
(Substitute Senate Bill Number 66)
AN ACT
To amend sections 2151.421, 3109.17, and 3109.18 and to enact sections 2151.425, 2151.426, 2151.427, 2151.428, 3109.171, and 3109.172 of the Revised Code to permit counties to establish Children's Advocacy Centers to perform and provide certain functions, activities, and services relative to reports of child sexual abuse or other types of abuse of a child over which the document creating the center gives it jurisdiction; to require the Children's Trust Fund Board to develop and provide to certain entities and persons a list of funding sources for establishing or operating a Children's Advocacy Center; to permit child abuse and child neglect prevention advisory boards to request up to $5,000 per county out of Children's Trust Fund Board funds as one-time, start-up costs for a Children's Advocacy Center; to permit children's advocacy centers to annually request funds from the Children's Trust Fund Board to conduct primary prevention strategies; and to provide the Children's Trust Fund Board with more authority and flexibility to approve, revise, or deny a child abuse and child neglect prevention advisory board's local plan.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 2151.421, 3109.17, and 3109.18 be amended and sections 2151.425, 2151.426, 2151.427, 2151.428, 3109.171, and 3109.172 of the Revised Code be enacted to read as follows:
Sec. 2151.421. (A)(1)(a) No person described in division
(A)(1)(b) of this section who is acting in an
official or
professional capacity and knows or suspects that a child under
eighteen years of age or a mentally
retarded, developmentally
disabled, or physically impaired child under
twenty-one years of
age has suffered or faces a
threat of suffering any physical or
mental wound, injury,
disability, or condition of a nature that
reasonably indicates
abuse or neglect of the child, shall fail to
immediately report
that knowledge or suspicion
to the entity or
persons specified in this division. Except as provided in section
5120.173 of the Revised Code, the person making the report shall
make it to the public
children services agency or a municipal or
county peace officer in
the county in which the child resides or
in which the abuse or
neglect is occurring or has occurred.
In the
circumstances described in section 5120.173 of the Revised Code,
the person making the report shall make it to the entity specified
in that section. (b) Division (A)(1)(a)
of this section applies to any person
who is an attorney;
physician, including a hospital intern or
resident; dentist;
podiatrist; practitioner of a limited branch of
medicine
as specified in section 4731.15 of the Revised
Code;
registered nurse;
licensed practical nurse; visiting nurse; other
health care
professional; licensed psychologist; licensed school
psychologist; independent marriage and family therapist or marriage and family therapist; speech pathologist or audiologist; coroner;
administrator or employee of a child day-care center;
administrator or
employee of a residential camp or child day camp;
administrator or employee of a certified child care agency or
other public or private children services agency; school
teacher;
school employee; school authority; person engaged in
social work
or the practice of professional counseling; agent of a county humane society;
person rendering
spiritual treatment through prayer in
accordance with the tenets
of a well-recognized religion; superintendent, board member, or employee of a county board of mental retardation; investigative agent contracted with by a county board of mental retardation; or employee of the department of mental retardation and developmental disabilities. (2) An attorney or a physician is not required to make a
report
pursuant
to division (A)(1) of this section concerning any
communication
the attorney or physician
receives from a
client or
patient in an attorney-client or physician-patient
relationship,
if, in accordance with division (A) or (B)
of section
2317.02 of
the Revised Code, the attorney or physician could not
testify with
respect to that communication in a civil or criminal proceeding,
except that the client or patient is deemed to have waived any
testimonial
privilege under division (A) or (B) of section 2317.02
of the
Revised
Code with respect to that communication and the
attorney or physician
shall
make a report pursuant to division
(A)(1) of this section with
respect to that communication, if all
of the following apply: (a) The client or patient, at the time of the communication,
is
either a child under eighteen years of age or a
mentally
retarded, developmentally disabled, or
physically impaired person
under twenty-one
years of age. (b) The attorney or physician knows or suspects, as a result
of the
communication or any observations made during that
communication,
that the client or patient has suffered or faces a
threat of suffering
any
physical or mental wound, injury,
disability, or condition of a
nature that reasonably indicates
abuse or neglect of the client or
patient. (c) The attorney-client or physician-patient relationship
does not
arise out of
the client's or patient's attempt to have an
abortion without the
notification
of her parents, guardian, or
custodian in accordance with section
2151.85 of the Revised Code. (B)
Anyone,
who knows or suspects that a child under
eighteen
years of age or
a mentally
retarded, developmentally disabled, or
physically
impaired person
under twenty-one years of age has
suffered or
faces a
threat of suffering any physical or mental
wound, injury,
disability, or other condition of a nature that
reasonably
indicates abuse or neglect of the child may report or
cause
reports to be made of that knowledge or suspicion
to the
entity or persons specified in this division. Except as provided
in section 5120.173 of the Revised Code, a person making a report
or causing a report to be made under this division shall make it
or cause it to be made to the public
children services agency or
to a municipal
or
county peace
officer.
In the circumstances
described in section 5120.173 of the Revised Code, a person making
a report or causing a report to be made under this division shall
make it or cause it to be made to the entity specified in that
section. (C) Any report made pursuant to division (A) or (B) of
this
section shall be made forthwith either by telephone or in person
and shall be followed by a written report, if requested
by the
receiving agency or officer. The written report shall
contain: (1) The names and addresses of the child and the child's
parents
or the person or persons having custody of the child, if
known; (2) The child's age and the nature and extent of the
child's
known or suspected injuries, abuse, or neglect or of the
known or
suspected threat of injury, abuse, or neglect, including
any
evidence of previous injuries, abuse, or neglect; (3) Any other information that might be helpful in
establishing the cause of the known or suspected injury, abuse,
or
neglect or of the known or suspected threat of injury, abuse,
or
neglect. Any person, who is required by division (A) of this section
to report known or suspected child abuse or child neglect, may
take or cause to be taken color photographs of areas of trauma
visible on a child and, if medically indicated, cause to be
performed radiological examinations of the child. (D)(1) As used in this division, "children's advocacy center" and "sexual abuse of a child" have the same meanings as in section 2151.425 of the Revised Code. (1)
When a municipal or county peace
officer receives a report concerning the possible
abuse or neglect
of a child or the possible threat of abuse or
neglect of a child,
upon receipt of the report, the municipal or county peace officer
who
receives the report shall refer the report to the appropriate
public children services
agency. (2)
When a public children services agency
receives a report pursuant to this
division or
division (A) or
(B)
of this section,
upon receipt of the report, the public
children
services
agency shall comply do both of the following: (a) Comply with section 2151.422 of
the Revised
Code; (b) If the county served by the agency is also served by a children's advocacy center and the report alleges sexual abuse of a child or another type of abuse of a child that is specified in the memorandum of understanding that creates the center as being within the center's jurisdiction, comply regarding the report with the protocol and procedures for referrals and investigations, with the coordinating activities, and with the authority or responsibility for performing or providing functions, activities, and services stipulated in the interagency agreement entered into under section 2151.428 of the Revised Code relative to that center. (E) No township, municipal, or county peace officer shall
remove a child
about whom a report is made pursuant to this
section from the child's parents,
stepparents, or guardian or any
other persons having custody of the child
without consultation
with the
public children services agency, unless,
in
the judgment
of the officer, and, if the
report was made by physician, the
physician,
immediate removal is considered essential to protect
the child
from further abuse or neglect.
The agency that
must be
consulted shall be the agency conducting the
investigation of the
report as determined pursuant to section
2151.422 of the Revised
Code. (F)(1) Except as
provided in section 2151.422 of the Revised
Code or in an interagency agreement entered into under section 2151.428 of the Revised Code that applies to the particular report, the public
children
services agency shall investigate,
within twenty-four
hours, each
report of known or suspected child
abuse or child neglect and of
a known or suspected threat of child
abuse or child neglect that
is referred to it under this section
to determine the
circumstances surrounding the injuries, abuse, or
neglect or the
threat of injury, abuse, or neglect, the cause of
the injuries,
abuse, neglect, or threat, and the person or persons
responsible.
The investigation shall be made in cooperation with
the law
enforcement agency and in accordance with the memorandum
of understanding
prepared under
division (J) of this section. A
failure to make the investigation in accordance with the
memorandum is
not grounds for, and shall not result in,
the
dismissal of any charges or complaint arising from the report or
the suppression of any evidence obtained as a result of the
report
and does not give, and shall not be construed as giving,
any
rights or any grounds for appeal or post-conviction relief to
any
person. The public
children
services agency shall report each
case to a central
registry which
the department of job and family
services
shall maintain in order to
determine whether prior
reports have been made in other counties
concerning the child or
other principals in the case. The
public children services agency
shall submit a report of its
investigation,
in writing, to the law
enforcement agency. (2) The public children
services agency shall make any
recommendations to the
county
prosecuting attorney or city
director of law that it considers
necessary to protect any
children that are brought to its
attention. (G)(1)(a) Except as provided in division (H)(3) of this
section, anyone or any hospital, institution, school, health
department, or agency participating in the making of reports
under
division (A) of this section, anyone or any hospital,
institution,
school, health department, or agency participating
in good faith
in the making of reports under division (B) of this
section, and
anyone participating in good faith in a judicial
proceeding
resulting from the reports, shall be immune from any
civil or
criminal liability for injury, death, or loss to person
or
property that otherwise might be incurred or imposed as a
result
of the making of the reports or the participation in the
judicial
proceeding. (b) Notwithstanding section 4731.22 of the
Revised Code, the
physician-patient privilege shall not be a
ground for excluding
evidence regarding a child's injuries,
abuse, or neglect, or the
cause of the injuries, abuse, or
neglect in any judicial
proceeding resulting from a report
submitted pursuant to this
section. (2) In any civil or criminal action or proceeding in which
it is alleged and proved that participation in the making of a
report under this section was not in good faith or participation
in a judicial proceeding resulting from a report made under this
section was not in good faith, the court shall award the
prevailing party reasonable attorney's fees and costs and, if a
civil action or proceeding is voluntarily dismissed, may award
reasonable attorney's fees and costs to the party against whom
the
civil action or proceeding is brought. (H)(1) Except as provided in divisions (H)(4) and
(M)
of this
section, a report made under this section is confidential.
The information provided in a report made pursuant to this
section
and the name of the person who made the report shall not
be
released for use, and shall not be used, as evidence in any
civil
action or proceeding brought against the person who made
the
report. In a criminal proceeding, the report is admissible
in
evidence in accordance with the Rules of Evidence and is
subject
to discovery in accordance with the Rules of Criminal
Procedure. (2) No person shall permit or encourage the unauthorized
dissemination of the contents of any report made under this
section. (3) A person who knowingly makes or causes another person
to
make a false report under division (B) of this section that
alleges that any person has committed an act or omission that
resulted in a child being an abused child or a neglected child is
guilty of a violation of section 2921.14 of the Revised Code. (4) If a report is made pursuant to division (A) or
(B) of
this section and the child who is the subject of the report
dies
for any reason at any time after the report is made, but before
the child
attains eighteen years of age, the public
children
services agency or municipal or county peace officer to which the
report was made or referred, on the request of the child fatality
review
board,
shall submit a summary sheet of information
providing a summary of the
report to the review board of the
county in which the deceased
child resided at the time of death.
On the request of the review
board, the agency or peace officer
may, at its discretion, make
the report available to the review
board. If the county served by the public children services agency is also served by a children's advocacy center and the report of alleged sexual abuse of a child or another type of abuse of a child is specified in the memorandum of understanding that creates the center as being within the center's jurisdiction, the agency or center shall perform the duties and functions specified in this division in accordance with the interagency agreement entered into under section 2151.428 of the Revised Code relative to that advocacy center. (5) A public children services agency shall advise
a person
alleged to have inflicted abuse or neglect on a child
who is the
subject of a report made pursuant to this section, including a report alleging sexual abuse of a child or another type of abuse of a child referred to a children's advocacy center pursuant to an interagency agreement entered into under section 2151.428 of the Revised Code, in writing
of
the
disposition of the investigation. The agency shall not
provide to the person
any information that identifies the
person
who made the report, statements of witnesses, or police or other
investigative reports. (I) Any report that is required by this section, other than
a report that is made to the state highway patrol as described in
section 5120.173 of the Revised Code, shall
result
in protective
services and emergency supportive services
being
made available by
the public children services
agency on behalf of
the children
about whom
the report is made, in an effort to
prevent further
neglect or
abuse, to enhance their welfare, and,
whenever
possible, to
preserve the family unit intact.
The agency
required
to provide the services shall be the agency conducting
the
investigation of the report pursuant to section 2151.422 of
the
Revised
Code. (J)(1) Each public children services agency shall prepare
a
memorandum of understanding that is signed by all of the
following: (a) If there is
only one juvenile judge in the county, the
juvenile judge of the
county or the juvenile judge's
representative; (b) If there is more than
one juvenile
judge in the county,
a juvenile judge or the
juvenile judges' representative selected
by the juvenile judges
or, if they are unable to do so for any
reason, the juvenile judge who is
senior in point of
service or
the senior juvenile judge's representative; (c) The county
peace officer; (d) All
chief municipal peace officers within the county; (e) Other law enforcement officers handling child abuse and
neglect cases in the county; (f) The prosecuting
attorney of the county; (g) If the public children services agency is not the county
department of
job and family services, the county department of
job and family services; (h) The county humane society; (i) If the public children services agency participated in the execution of a memorandum of understanding under section 2151.426 of the Revised Code establishing a children's advocacy center, each participating member of the children's advocacy center established by the memorandum. (2) A memorandum of understanding shall set forth the normal
operating procedure to be employed by
all concerned officials in
the execution of their respective
responsibilities under this
section and division (C) of section
2919.21, division (B)(1) of
section 2919.22, division (B) of
section 2919.23, and section
2919.24 of the Revised Code and
shall have as two of its primary
goals the elimination of all
unnecessary interviews of children
who are the subject of reports
made pursuant to division (A) or
(B) of this section and, when
feasible, providing for only one
interview of a child who is the
subject of any report made
pursuant to division (A) or (B) of
this section. A failure to
follow the procedure set forth in the
memorandum by
the concerned
officials is not grounds for, and shall not result in, the
dismissal of any charges or complaint arising from any reported
case of abuse or neglect or the suppression of any evidence
obtained as a result of any reported child abuse or child neglect
and does not give, and shall not be construed as giving, any
rights or any grounds for appeal or post-conviction relief to any
person. (3) A memorandum of understanding shall include all of the
following: (a) The roles
and responsibilities for handling emergency
and
nonemergency cases of abuse and neglect; (b) Standards and procedures to be used in handling and
coordinating investigations of reported cases of child abuse and
reported cases of child neglect, methods to be used in
interviewing the child who is the subject of the report and who
allegedly was abused or neglected, and standards and procedures
addressing the categories of persons who may interview the child
who is the subject of the report and who allegedly was abused or
neglected.
(4) If a public children services agency participated in the execution of a memorandum of understanding under section 2151.426 of the Revised Code establishing a children's advocacy center, the agency shall incorporate the contents of that memorandum in the memorandum prepared pursuant to this section. (K)(1) Except as provided in division
(K)(4) of this
section, a person who is required to make
a report pursuant to
division (A) of this section may
make a reasonable number of
requests of the public children services
agency that receives or
is
referred the report, or of the children's advocacy center that is referred the report if the report is referred to a children's advocacy center pursuant to an interagency agreement entered into under section 2151.428 of the Revised Code, to be provided with
the following
information: (a) Whether the agency or center has initiated an
investigation of the
report; (b) Whether the agency or center is continuing to
investigate the
report; (c) Whether the agency or center is otherwise
involved
with the child
who is the subject of the report; (d) The general status of the health and safety of the
child
who is the subject of the report; (e) Whether the report has resulted in the filing of a
complaint in juvenile court or of criminal charges in another
court. (2) A person may request the information specified in
division (K)(1) of this
section only if, at the time the report is
made, the person's name, address,
and telephone number are
provided to the person who receives the report. When a municipal or county peace officer or employee of a
public children services
agency
receives a report pursuant to
division (A) or
(B) of this section the recipient of the report
shall inform the person of the
right to request the
information
described in division (K)(1) of this section. The recipient of
the report shall include in the initial child abuse or child
neglect
report that the person making the report was so informed
and, if
provided at the time of the making of the report, shall
include
the person's name, address, and telephone number in the
report. Each request is subject to verification of the identity of
the person making
the
report. If that person's
identity is
verified, the agency shall
provide the person with
the information
described in division (K)(1) of this section
a reasonable number
of times, except that the agency shall not disclose
any
confidential information
regarding the child who is the subject of
the report other than
the information described in those
divisions. (3) A request made pursuant to division (K)(1) of this
section is not a
substitute for any report required to be made
pursuant to division (A) of this
section. (4) If an agency other than the agency that
received or was
referred the report is conducting the
investigation of the report
pursuant to section 2151.422 of the
Revised
Code, the agency
conducting the
investigation shall comply with the requirements of
division
(K) of this section. (L) The director of job and
family services shall
adopt
rules in accordance
with Chapter 119. of the Revised Code to
implement this section. The department of job and family services
may
enter into a
plan of cooperation with
any other governmental
entity to aid in ensuring that children
are protected from abuse
and neglect. The department shall make
recommendations to the
attorney general that the department
determines are necessary to
protect children from child abuse and
child neglect. (M)(1) As used in this division:
(a) "Out-of-home care" includes a nonchartered nonpublic school if the alleged child abuse or child neglect, or alleged threat of child abuse or child neglect, described in a report received by a public children services agency allegedly occurred in or involved the nonchartered nonpublic school and the alleged perpetrator named in the report holds a certificate, permit, or license issued by the state board of education under section 3301.071 or Chapter 3319. of the Revised Code.
(b) "Administrator, director, or other chief administrative officer" means the superintendent of the school district if the out-of-home care entity subject to a report made pursuant to this section is a school operated by the district.
(2) No later than the end of the day
following the day on
which a public children services agency
receives a report of
alleged child abuse or child
neglect, or a report of an alleged
threat of child abuse or child
neglect, that allegedly occurred in
or involved an out-of-home
care entity, the agency shall provide
written notice
of the allegations contained in and the person
named as the alleged
perpetrator in the report to the
administrator, director, or other chief
administrative officer of
the out-of-home care entity that is the
subject of the report
unless the administrator, director, or
other chief administrative
officer is named as an alleged
perpetrator in the report. If the
administrator, director, or
other chief administrative officer of
an out-of-home care entity
is named as an alleged perpetrator in a
report of alleged child
abuse or child neglect, or a report of an
alleged threat of child
abuse or child neglect, that allegedly
occurred in or involved
the out-of-home care entity, the agency
shall provide the written notice
to
the owner or governing board
of the out-of-home care entity that
is the subject of the report.
The agency
shall not provide
witness statements or police or other
investigative reports. (3) No later than three days after the day on
which a public
children services agency that
conducted the investigation as
determined pursuant to section 2151.422
of the Revised Code makes
a
disposition of an investigation involving a report of alleged
child abuse or child neglect, or a report of an alleged threat of
child abuse or child neglect, that allegedly occurred in or
involved an out-of-home care entity, the
agency
shall send written
notice of the disposition of the
investigation to the
administrator, director, or other chief
administrative officer and
the owner or governing board of the
out-of-home care entity. The
agency shall
not provide witness
statements or police or other
investigative reports.
Sec. 2151.425. As used in sections 2151.426 to 2151.428 of the Revised Code: (A) "Children's advocacy center" means a center operated by participating entities within a county or two or more contiguous counties to perform functions and activities and provide services, in accordance with the interagency agreement entered into under section 2151.428 of the Revised Code, regarding reports received under section 2151.421 of the Revised Code of alleged sexual abuse of a child or another type of abuse of a child that is specified in the memorandum of understanding that creates the center as being within the center's jurisdiction and regarding the children who are the subjects of the report.
(B) "Sexual abuse of a child" means unlawful sexual conduct or sexual contact, as those terms are defined in section 2907.01 of the Revised Code, with a person under eighteen years of age or a mentally retarded, developmentally disabled, or physically impaired person under twenty-one years of age.
Sec. 2151.426. (A)(1) A children's advocacy center may be established to serve a single county by execution of a memorandum of understanding regarding the participation in the operation of the center by any of the following entities in the county to be served by the center:
(a) The public children services agency;
(b) Representatives of any county or municipal law enforcement agencies serving the county that investigate any of the types of abuse specified in the memorandum of understanding creating the center as being within the center's jurisdiction;
(c) The prosecuting attorney of the county or a village solicitor, city director of law, or similar chief legal officer of a municipal corporation in the county who prosecutes any of the types of abuse specified in the memorandum of understanding creating the center as being within the center's jurisdiction in the area to be served by the center; (d) Any other entity considered appropriate by all of the other entities executing the memorandum. (2) A children's advocacy center may be established to serve two or more contiguous counties if a memorandum of understanding regarding the participation in the operation of the center is executed by any of the entities described in division (A)(1) of this section in each county to be served by the center.
(3) Any memorandum of understanding executed under this section may include a provision that specifies types of abuse of a child, in addition to sexual abuse of a child, that are to be within the jurisdiction of the children's advocacy center created as a result of the execution of the memorandum. If a memorandum of understanding executed under this section does not include any provision of that nature, the children's advocacy center created as a result of the execution of the memorandum has jurisdiction only in relation to reports of alleged sexual abuse of a child. (B) Each entity that participates in the execution of a memorandum of understanding under this section shall cooperate in all of the following:
(1) Developing a multidisciplinary team pursuant to section 2151.427 of the Revised Code to perform the functions and activities and provide the services specified in the interagency agreement entered into under section 2151.428 of the Revised Code, regarding reports received under section 2151.421 of the Revised Code of alleged sexual abuse of a child and reports of allegations of another type of abuse of a child that is specified in the memorandum of understanding that creates the center as being within the center's jurisdiction, and regarding the children who are the subjects of the reports;
(2) Participating in the operation of the center in compliance with standards for full membership established by the national children's alliance;
(3) Employing the center's staff. (C) A center shall do both of the following:
(1) Operate in accordance with sections 2151.427 and 2151.428 of the Revised Code, the interagency agreement entered into under section 2151.428 of the Revised Code relative to the center, and the standards for full membership established by the national children's alliance;
(2) Register annually with the attorney general.
Sec. 2151.427. (A) The entities that participate in a memorandum of understanding executed under section 2151.426 of the Revised Code establishing a children's advocacy center shall assemble the center's multidisciplinary team.
(B)(1) The multidisciplinary team for a single county center shall consist of the following members who serve the county:
(a) Any county or municipal law enforcement officer;
(b) The executive director of the public children services agency or a designee of the executive director;
(c) The prosecuting attorney of the county or the prosecuting attorney's designee;
(d) A mental health professional;
(e) A medical health professional;
(f) A victim advocate;
(g) A center staff member; (h) Any other person considered appropriate by all of the entities that executed the memorandum.
(2) If the center serves two or more contiguous counties, the multidisciplinary team shall consist of the members described in division (B)(1) of this section from the counties to be served by the center, with each county to be served by the center being represented on the multidisciplinary team by at least one member described in that division.
(C) The multidisciplinary team shall perform the functions and activities and provide the services specified in the interagency agreement entered into under section 2151.428 of the Revised Code, regarding reports received under section 2151.421 of the Revised Code of alleged sexual abuse of a child and reports of allegations of another type of abuse of a child that is specified in the memorandum of understanding that creates the center as being within the center's jurisdiction and regarding the children who are the subjects of the reports.
Sec. 2151.428. (A) If a children's advocacy center is established under section 2151.426 of the Revised Code, in addition to the memorandum of understanding executed under that section, each public children services agency that participates in the execution of the memorandum of understanding, the children's advocacy center, and the children's advocacy center's multidisciplinary team assembled under section 2151.427 of the Revised Code shall enter into an interagency agreement that stipulates all of the following regarding reports received under section 2151.421 of the Revised Code of alleged sexual abuse of a child and reports of allegations of another type of abuse of a child that is specified in the memorandum of understanding that creates the center as being within the center's jurisdiction:
(1) The protocol and procedures for any and all referrals and investigations of the reports;
(2) Any and all coordinating activities between the parties that enter into the agreement;
(3) The authority or responsibility for performing any and all functions and activities, and providing any and all services, regarding the reports and the children who are the subjects of the reports.
(B) The parties that enter into an interagency agreement under division (A) of this section shall comply with the agreement in referring the reports, investigating the reports, coordinating the activities between the parties, and performing and providing the functions, activities, and services relative to the reports and the children who are the subjects of the reports. (C) Nothing in this section, section 2151.421, or sections 2151.425 to 2151.427 of the Revised Code pertaining to the operation of a children's advocacy center shall relieve any public official or agency from any legal obligation or responsibility.
Sec. 3109.17. (A) For each fiscal biennium, the
children's
trust
fund board shall establish a biennial state plan for
comprehensive child
abuse and child neglect
prevention. The plan
shall be transmitted to the
governor, the president and minority
leader of the senate, and the
speaker and minority leader of the
house of representatives and shall be made available to the
general public.
The board may define in the state plan the term "effective public notice." If the board does not define that term in the state plan, the board shall include in the state plan the
definition of "effective public notice" specified in rules adopted
by the department of job and family services. (B) In developing and carrying out the state plan, the
children's
trust fund board shall, in accordance with Chapter 119.
of the
Revised Code, do all of the following: (1) Ensure that an opportunity exists for assistance through
child
abuse and child neglect prevention programs to persons
throughout
the state of various social and economic backgrounds; (2) Before the thirtieth day of October of each year, notify
each
child abuse and child neglect prevention advisory board of
the
amount estimated to be
allocated to that
advisory board for
the following fiscal year.; (3) Develop criteria for county or district comprehensive local
allocation
plans,
including criteria for determining the plans'
effectiveness; (4) Review, and approve or disapprove, county or district comprehensive local allocation
plans, as described in section 3109.171 of the Revised Code; (5)
Allocate funds to each child abuse and
child neglect
prevention advisory board for the purpose of funding
child abuse and child
neglect prevention programs.
Funds shall be allocated among
advisory boards according to
a formula based on the ratio of the
number of children under age
eighteen in the county or multicounty
district to the number of
children under age eighteen in the
state, as shown in the most
recent federal decennial census of
population. Subject to the
availability of funds and except as provided in section 3109.171 of the Revised Code, each advisory
board shall receive a minimum
of ten
thousand dollars per fiscal year. In the case of an
advisory
board that serves a multicounty district, the advisory
board shall
receive, subject to available funds and except as provided in section 3109.171 of the Revised Code, a minimum of ten
thousand
dollars per fiscal year for each county in the district.
Funds shall be disbursed to the advisory boards twice
annually. At least fifty per cent of the
funds allocated to an advisory board for a fiscal year shall
be disbursed to
the advisory board not later than the thirtieth
day of September.
The remainder of the
funds
allocated to the advisory board for that
fiscal year shall be
disbursed before the
thirty-first day of March. If the children's trust fund board determines, based on
county or district
performance or on the annual report submitted
by an advisory board, that the
advisory board is not operating in
accordance with the
criteria established in division (B)(3) of
this section, it may
revise the allocation of funds that the
advisory board receives.
The board shall specify the criteria child abuse and child
neglect prevention advisory boards are to use in reviewing
applications under division (F)(3) of section 3109.18 of the
Revised Code. (6)
Allocate funds to entities other than child abuse and
child neglect prevention advisory boards for the purpose of
funding child
abuse and child neglect prevention programs that have statewide significance and that have been approved
in the state
plan by the children's trust fund board; (7) Provide
for the monitoring of expenditures
from the
children's trust fund and of programs that receive money from the
children's trust fund; (8) Establish reporting requirements for
advisory boards; (9) Collaborate with appropriate
persons and government
entities and facilitate
the exchange of information among those
persons
and entities for the purpose of child abuse and child
neglect prevention; (10) Provide for the education of the public
and
professionals for
the purpose of child abuse and child neglect
prevention; (11) Create and provide to each advisory board a children's
trust fund grant application form; (12) Specify the information to be included in a semi-annual and an annual
report completed by a children's advocacy center for which a child abuse and child neglect prevention advisory board uses funds allocated to the advisory board under section 3109.172 of the Revised Code, and each other person or entity that is a recipient of a children's trust fund grant
under division (K)(1) of section 3109.18 of the Revised Code. (C) The children's trust fund board shall prepare a report
for
each fiscal biennium that
delineates the expenditure
of money from the
children's trust fund. On or before January 1,
2002, and on or before
the first day of January of a year that
follows the end of a fiscal
biennium of this state, the board
shall file a copy of the report with the
governor, the president
and minority leader of the senate, and the speaker and
minority
leader of the house of representatives. (D) The children's trust fund board shall develop a list of all state and federal sources of funding that might be available for establishing, operating, or establishing and operating a children's advocacy center under sections 2151.425 to 2151.428 of the Revised Code. The board periodically shall update the list as necessary. The board shall maintain, or provide for the maintenance of, the list at an appropriate location. That location may be the offices of the department of job and family services. The board shall provide the list upon request to any children's advocacy center or to any person or entity identified in section 2151.426 of the Revised Code as a person or entity that may participate in the establishment of a children's advocacy center. Sec. 3109.171. (A) On receipt of a local allocation plan from a child abuse and child neglect prevention advisory board submitted pursuant to division (F)(1) of section 3109.18 of the Revised Code, the children's trust fund board may do either of the following:
(1) Approve the plan;
(2) Require that the advisory board make changes to the plan and submit an amended plan to the board.
(B) If an advisory board fails to submit to the children's trust fund board a local allocation plan pursuant to division (F)(1) of section 3109.18 of the Revised Code that is postmarked on or before the first day of April preceding the fiscal year for which the plan is developed, if an advisory board fails to submit an amended plan pursuant to division (A)(2) of this section, or if a plan or an amended plan submitted by an advisory board is not approved by the children's trust fund board, the children's trust fund board may do either of the following for the fiscal year for which the plan was to have been developed:
(1) Deny funding to the advisory board;
(2) Allocate a reduced amount of funds to the advisory board, on a pro-rata daily basis.
(C) If an advisory board fails to submit to the children's trust fund board an annual report pursuant to division (K)(2) of section 3109.18 of the Revised Code not later than the fifteenth day of August following the year for which the report is written, the board, for the following fiscal year, may allocate a reduced amount of funds to the advisory board on a pro-rata daily basis.
Sec. 3109.172. (A)(1) Each child abuse and child neglect prevention advisory board may request from the children's trust fund board funds in addition to the funds allocated to the advisory board under section 3109.17 of the Revised Code to be used as one-time, start-up costs for the establishment and operation of a children's advocacy center as follows:
(a) If the advisory board serves a single county, the board may request an amount not to exceed five thousand dollars as one-time, start-up costs for the establishment and operation of a children's advocacy center that serves the county.
(b) If the advisory board serves a multicounty district, for each county within the district, the advisory board may request an amount not to exceed five thousand dollars as one-time, start-up costs for the establishment and operation of a children's advocacy center that serves the county in relation to which the use is being made. (2) Expenditures may be made under division (A)(1) of this section for a children's advocacy center that is established to serve a single county or that is established to serve two or more contiguous counties, provided that the county in relation to which the expenditure is made is served by the center for which the advisory board uses the amount as one-time, start-up costs. (B) Each children's advocacy center may annually request from the children's trust fund board funds in addition to the funds allocated to the advisory board under section 3109.17 of the Revised Code to conduct primary prevention strategies.
(C) On receipt of a request made pursuant to this section, the children's trust fund board shall review and approve or disapprove the request. If the board disapproves the request, the board shall send to the requestor written notice of the disapproval that states the reasons for the disapproval. (D) No funds allocated to a child abuse and child neglect prevention advisory board under this section may be used as start-up costs for any children's advocacy center unless the center has as a component a primary prevention strategy. No child abuse and child neglect advisory board that serves a single county and that, in any fiscal year, uses funds allocated under this section as start-up costs for a children's advocacy center may use any amount out of any funds so allocated to the advisory board for the same center in a different fiscal year or for a different center in any fiscal year. No child abuse and child neglect advisory board that serves a multicounty district and that, in any fiscal year, uses funds so allocated to the advisory board as start-up costs of a children's advocacy center in relation to a particular county within the district may use any amount out of any funds so allocated to the advisory board, in relation to the same county, for the same center in a different fiscal year or for a different center in any fiscal year.
Sec. 3109.18. (A)(1) A board of county
commissioners may
establish a child abuse and child
neglect prevention advisory
board or may designate the
county family and
children first
council to serve as the child abuse and child neglect
prevention
advisory board. The boards of county commissioners of
two or more
contiguous counties may instead form a multicounty district
to be
served by a child abuse and child neglect
prevention advisory
board
or may designate a regional family and children first
council to
serve as the district child abuse and child neglect
prevention advisory
board. Each advisory board shall meet at
least twice a year. (2) The county auditor is hereby designated as the auditor
and
fiscal officer of the advisory board. In the case of a
multicounty
district, the boards of county commissioners that
formed the
district shall designate the auditor of one of the
counties as the
auditor and fiscal officer of the advisory board. (B) Each county that establishes an advisory board or, in a
multicounty district, the county the auditor of which who has been
designated as
the auditor and fiscal
officer of the advisory
board,
shall establish a fund in the county
treasury known as the
county
or district children's trust fund.
The advisory board auditor
shall
deposit all funds received from the
children's trust fund
board
into that fund, and the auditor shall
distribute money from
the
fund at the request of the advisory
board. (C) Each January, the board of county commissioners of a
county
that has established an advisory board or, in a multicounty
district, the board of county commissioners of the county served by the
auditor of
which who has been designated as the auditor and fiscal
officer for the
advisory board, shall appropriate the amount
described in division
(B)(2) of section 3109.17 of the Revised
Code for
distribution by
the advisory board to child abuse and
child neglect prevention
programs. (D)(1) Except in the case of a county or regional
family and
children first council that is designated to serve as a
child
abuse and child neglect prevention advisory board, each
advisory
board shall
consist of an odd number of members from both
the
public and
private sectors,
including all of the following: (a) A representative of an agency responsible for the
administration of children's services in the county or district; (b) A provider of alcohol or drug addiction services or a
representative of a board of alcohol, drug addiction, and mental
health
services that serves the
county or district; (c) A provider of mental health services or a representative
of a
board of alcohol, drug addiction, and mental health services
that serves
the county or district; (d) A representative of a board of mental retardation and
developmental disabilities that serves the county or district; (e) A representative of the educational community appointed
by
the superintendent of the school district with largest
enrollment in the
county or multicounty district. (2) The following groups and entities may be represented on
the
advisory board: (a) Parent groups; (b) Juvenile justice officials; (c) Pediatricians, health department nurses, and other
representatives of the medical community; (d) School personnel; (e) Counselors
and social workers; (f) Head start agencies; (g) Child day-care providers; (h) Other
persons with demonstrated
knowledge in programs
for children. (3) Of the members first appointed, at least one
shall serve
for a term of three years, at least one for a term of
two years,
and at least one for a term of one year. Thereafter,
each member
shall serve a term of three years. Each member shall
serve until
the member's successor is appointed. All
vacancies on the
board
shall be filled for the balance of the unexpired term in
the same
manner as the original appointment. (E) Each child abuse and child neglect prevention advisory board of county commissioners may incur reasonable
costs not to exceed five per cent of the
funds
allocated to
the county or district under section 3109.17 of the
Revised Code,
for the purpose of carrying out the functions of the
advisory
board.
(F) Each child abuse and child
neglect prevention advisory
board shall do all of the following: (1) Develop For each fiscal biennium, develop a comprehensive local
allocation plan for the purpose
of preventing child abuse and child neglect
and
submit the plan to
the children's trust fund board on or before the first day of April preceding the fiscal year for which the plan is developed; (2)
Provide effective public notice, as defined by the children's trust fund board in the state plan or, if the board does not define the term in the state plan, as defined in
rules adopted by the department of job and family services, to
potential
applicants about the availability of
funds from the
children's
trust fund, including an estimate of the amount of
money available for grants within each county or district, the
date of at least one public hearing, information on obtaining a
copy of the grant application form, and the deadline for
submitting
grant applications; (3) Review all applications received using
criteria
specified in the state plan adopted by the board under
section 3109.17 of the Revised Code; (4) Consistent with the local allocation plan developed pursuant to
division
(F)(1) of this section, make grants to child abuse and child
neglect prevention programs.
In making grants to child abuse and
child neglect prevention
programs, the advisory board may consider
factors such as need, geographic
location, diversity, coordination
with
or improvement of existing services, maintenance of local
funding
efforts, and extensive use of volunteers. (5) Establish any reporting requirements for grant
recipients, in addition to those specified by the children's trust fund board, and for children's advocacy centers for which funds are used in accordance with section 3109.172 of the Revised Code. (G)
A member of a child abuse and child neglect prevention
advisory board shall not participate in the development of a
comprehensive local allocation plan under division (F)(1) of this
section if it is reasonable to expect that the member's judgment
could be affected by the member's own financial, business,
property, or personal interest or other conflict of interest. For
purposes of this division, "conflict of interest" means the
taking
of any action that violates any applicable provision of
Chapter
102. or 2921. of the Revised Code. Questions relating to
the
existence of a conflict of interest pertaining to Chapter
2921. of
the Revised Code shall be submitted by the advisory board
to the
local prosecuting attorney for resolution. Questions
relating to
the existence of a conflict of interest pertaining to
Chapter 102.
of the Revised Code shall be submitted by the
advisory board to
the Ohio ethics commission for resolution. (H) Each advisory
board shall
assist the children's trust
fund
board in monitoring
programs that receive money from the
children's trust fund
and
shall perform such
other duties for the
local administration of
the children's trust
fund as
the
children's trust fund board
requires. (I) A children's advocacy center for which a child abuse and child neglect prevention advisory board uses any amount out of the funds allocated to the advisory board under section 3109.172 of the Revised Code, as start-up costs for the establishment and operation of the center, shall use the moneys so received only for establishment and operation of the center in accordance with sections 2151.425 to 2151.428 of the Revised Code. Any other person or entity that is a recipient of a grant from the children's trust fund
shall use the grant funds only to fund
primary and secondary child
abuse and child
neglect prevention programs. Any
grant funds that
are not spent
by the
recipient of the funds within the time
specified by the
terms of
the grant shall be returned to the
county treasurer. Any
grant funds returned that
are not
redistributed by the advisory
board within the
state fiscal year in which they
are received
shall be returned to the
treasurer
of state. The
treasurer of
state shall deposit such unspent
moneys into the
children's trust
fund to be spent for purposes
consistent with
the
state plan
adopted under section 3109.17 of
the Revised Code. (J) Applications for grants from the children's trust
fund
shall be made to the advisory board on forms prescribed by
the
children's trust fund
board. (K)(1) Each children's advocacy center for which a child abuse and child neglect prevention advisory board uses any amount out of the funds allocated to the advisory board under section 3109.172 of the Revised Code, as start-up costs for the establishment and operation of the center, and each other person or entity that is a recipient of a children's trust fund grant
from
an advisory board
shall file with the advisory board a copy
of a semi-annual and an
annual report that includes the information required by the
children's trust fund
board. (2) Each advisory board shall file with the children's trust
fund board, not later than the fifteenth day of August following the year for which the report is written, a copy of an annual
report regarding the county or
district comprehensive local allocation
plan that contains the
information required by the children's
trust fund board, and regarding the advisory board's use of any amount out of the funds allocated to the advisory board under section 3109.172 of the Revised Code as start-up costs for the establishment and operation of a children's advocacy center.
SECTION 2. That existing sections 2151.421, 3109.17, and 3109.18 of the Revised Code are hereby repealed.
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