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(126th General Assembly)
(Amended Substitute Senate Bill Number 238)
AN ACT
To amend sections 109.57, 109.572, 109.60, 1347.08, 1717.14, 2101.11, 2151.011, 2151.23, 2151.281, 2151.353, 2151.39, 2151.416, 2151.421, 3107.011, 3107.014, 3107.015, 3107.016, 3107.02, 3107.031, 3107.032, 3107.10, 3107.12, 3107.14, 3107.17, 3107.66, 3109.16, 3109.17, 3313.64, 5101.141, 5101.29, 5101.35, 5101.72, 5101.99, 5103.03, 5103.031, 5103.033, 5103.034, 5103.035, 5103.036, 5103.038, 5103.039, 5103.0311, 5103.0312, 5103.0313, 5103.0315, 5103.07, 5103.13, 5103.131, 5103.16, 5104.01, 5104.11, 5104.31, 5153.01, 5153.111, 5153.122, 5153.16, 5153.17, 5153.20, 5153.60, 5153.61, 5153.62, 5153.63, 5153.64, 5153.65, 5153.66, 5153.67, 5153.70, 5153.71, 5153.72, 5153.73, 5153.74, 5153.75, 5153.76, 5153.77, and 5153.78; to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections 3107.032 (3107.033), 3107.10 (3107.055), 5153.60 (5103.30), 5153.61 (5103.35), 5153.62 (5103.36), 5153.63 (5103.362), 5153.64 (5103.363), 5153.65 (5103.37), 5153.66 (5103.39), 5153.67 (5103.391), 5153.70 (5103.38), 5153.71 (5103.41), 5153.72 (5103.42), 5153.73 (5103.421), 5153.74 (5103.422), 5153.75 (5153.125), 5153.76 (5153.126), 5153.77 (5153.127), and 5153.78 (5103.32); to enact new sections 3107.032, 3107.10, 5103.20, 5103.21, and 5103.22 and sections 2151.423, 3107.034, 3107.101, 5101.13, 5101.131, 5101.132, 5101.133, 5101.134, 5103.162, 5103.18, 5103.301, 5103.302, 5103.303, 5103.31, 5103.33, 5103.34, 5103.361, 5103.40, 5153.123, 5153.124, and 5153.166; and to repeal sections 5103.037, 5103.20, 5103.21, 5103.22, 5103.23, 5103.24, 5103.25, 5103.26, 5103.27, 5103.28, 5153.68, and 5153.69 of the Revised Code to revise the law governing child welfare and other laws regarding the Department of Job and Family Services.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 109.57, 109.572, 109.60, 1347.08, 1717.14, 2101.11, 2151.011, 2151.23, 2151.281, 2151.353, 2151.39, 2151.416, 2151.421, 3107.011, 3107.014, 3107.015, 3107.016, 3107.02, 3107.31, 3107.032, 3107.10, 3107.12, 3107.14, 3107.17, 3307.66, 3109.16, 3109.17, 3313.64, 5101.141, 5101.29, 5101.35, 5101.72, 5101.99, 5103.03, 5103.031, 5103.033, 5103.034, 5103.035, 5103.036, 5103.038, 5103.039, 5103.0311, 5103.0312, 5103.0313, 5103.0315, 5103.07, 5103.13, 5103.131, 5103.16, 5104.01, 5104.11, 5104.31, 5153.01, 5153.111, 5153.122, 5153.16, 5153.17, 5153.20, 5153.60, 5153.61, 5153.62, 5153.63, 5153.64, 5153.65, 5153.66, 5153.67, 5153.70, 5153.71, 5153.72, 5153.73, 5153.74, 5153.75, 5153.76, 5153.77, and 5153.78 be amended; sections 3107.032 (3107.033), 3107.10 (3107.055), 5153.60 (5103.30), 5153.61 (5103.35), 5153.62 (5103.36), 5153.63 (5103.362), 5153.64 (5103.363), 5153.65 (5103.37), 5153.66 (5103.39), 5153.67 (5103.391), 5153.70 (5103.38), 5153.71 (5103.41), 5153.72 (5103.42), 5153.73 (5103.421), 5153.74 (5103.422), 5153.75 (5153.125), 5153.76 (5153.126), 5153.77 (5153.127), and 5153.78 (5103.32) be amended for the purpose of adopting new section numbers as indicated in parentheses; and new sections 3107.032, 3107.10, 5103.20, 5103.21, and 5103.22 and sections 2151.423, 3107.034, 3107.101, 5101.13, 5101.131, 5101.132, 5101.133, 5101.134, 5103.162, 5103.18, 5103.301, 5103.302, 5103.303, 5103.31, 5103.33, 5103.34, 5103.361, 5103.40, 5153.123, 5153.124, and 5153.166 of the Revised Code be enacted to read as follows:
Sec. 109.57. (A)(1) The superintendent of the bureau of
criminal identification and investigation shall procure from wherever
procurable and file
for record photographs, pictures, descriptions, fingerprints,
measurements, and other information that may be pertinent of
all persons who have been convicted of committing within this state a
felony, any crime
constituting a misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division
(A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised Code, of all
children under eighteen years of age who have been adjudicated
delinquent children for committing within this state an act that would
be a felony or
an offense of violence if committed by an adult or who have been
convicted of
or pleaded guilty to committing within this state a felony or an offense
of violence, and of all
well-known and habitual criminals. The person
in charge of any
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based correctional
facility, halfway house, alternative residential facility, or
state correctional institution and the person in
charge of any state institution having custody of a person
suspected of having committed a felony, any crime constituting
a misdemeanor on the first offense and a felony on subsequent offenses,
or any misdemeanor described in division (A)(1)(a) or (A)(10)(a)
of section 109.572 of the Revised Code or having custody of a child
under eighteen years of age with respect to whom there is
probable
cause to believe that the child may have committed an act that would
be a felony or
an offense of violence if committed by an adult shall furnish such
material
to the superintendent of
the bureau. Fingerprints, photographs, or other
descriptive information of a child who is under eighteen years of age,
has not been arrested or otherwise taken into custody for committing an act
that would be a felony or an offense of
violence if committed by an adult, has not
been adjudicated a delinquent child for committing an act
that would be a felony or an offense of violence
if committed by an adult, has not been convicted of
or pleaded guilty to committing a
felony or an
offense of violence, and is not a child with respect to whom there is
probable cause to
believe that the child may have committed an act
that would be a felony or
an offense of violence if committed by an adult
shall not be procured by the superintendent or furnished by any
person in charge of any
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based correctional
facility, halfway house, alternative residential facility, or
state correctional institution, except as
authorized in section 2151.313 of the Revised Code. (2) Every clerk of a
court of record in this state, other than the
supreme court or a court of appeals, shall send to the
superintendent of
the bureau a weekly report containing a summary of each case
involving a felony, involving any crime constituting a
misdemeanor on the
first offense and a felony on subsequent offenses, involving a misdemeanor
described in division (A)(1)(a) or (A)(10)(a) of section 109.572
of the Revised Code, or involving an
adjudication in a case in which a child under eighteen years of age was
alleged to be a delinquent child
for committing an act that would be a
felony or an offense of violence if committed by
an adult. The clerk
of the court of common pleas shall include in the report and summary the clerk
sends under this division all information described in divisions
(A)(2)(a) to (f) of this section
regarding a case before the court of appeals that is served by that
clerk. The summary shall be written on the standard forms
furnished by the
superintendent pursuant to division (B) of this section and shall
include the following information: (a) The incident tracking number contained on the standard forms
furnished by the superintendent pursuant to division (B) of this
section; (b) The style and number of the case; (c) The date of arrest; (d) The date that the person was convicted of or pleaded guilty
to the offense, adjudicated a delinquent child for committing the act that
would be
a felony or an
offense of violence if committed by an adult, found not guilty of the
offense, or found not to be a delinquent child for committing an act that
would be a
felony or an
offense of violence if committed by an adult, the date of an entry
dismissing
the charge, an entry declaring a mistrial of the offense in which the person
is discharged, an entry finding that the person or child is not competent to
stand trial, or an entry of a nolle prosequi, or the date of any other
determination that constitutes final resolution of the case; (e) A statement of the original charge with the section of the Revised Code
that was alleged to be violated; (f) If the person or child was convicted, pleaded guilty, or was
adjudicated a delinquent child, the sentence or
terms of probation imposed or any other disposition of the
offender or the delinquent child. If the offense involved the disarming of a law enforcement officer or an
attempt to disarm a law enforcement officer, the clerk shall
clearly state that fact in the summary, and the superintendent shall ensure
that a clear statement of that fact is placed in the bureau's records. (3) The superintendent shall cooperate with and assist
sheriffs,
chiefs of police, and other law enforcement officers in the establishment of
a complete system of criminal identification and in obtaining
fingerprints and other means of identification of all persons
arrested on a charge of a felony, any crime constituting a
misdemeanor on the first offense and a felony on subsequent
offenses, or a misdemeanor described in division
(A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised Code and of all children
under
eighteen years of age arrested or otherwise taken into custody for committing
an act that would
be a felony or an offense of violence if committed by an adult.
The
superintendent also shall file for record the
fingerprint impressions of all persons confined in a county, multicounty,
municipal, municipal-county, or multicounty-municipal jail or workhouse,
community-based correctional facility, halfway house,
alternative residential facility, or state correctional institution for
the violation of state
laws and of all children under
eighteen years of age who
are confined in a county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based
correctional facility, halfway house, alternative residential facility, or
state correctional
institution or in any
facility for delinquent children for committing an act
that would be a felony or
an offense of violence if committed by an adult, and any other
information
that the superintendent may receive from law enforcement
officials of the state and its political subdivisions. (4) The superintendent shall carry out Chapter 2950. of
the
Revised Code with respect to the registration of
persons who are convicted of or plead guilty
to either a sexually oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense and with respect to all other duties imposed on
the bureau under that chapter.
(5) The bureau shall perform centralized recordkeeping functions for criminal history records and services in this state for purposes of the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code and is the criminal history record repository as defined in that section for purposes of that compact. The superintendent or the superintendent's designee is the compact officer for purposes of that compact and shall carry out the responsibilities of the compact officer specified in that compact. (B) The superintendent shall prepare and furnish to every
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based correctional
facility, halfway house, alternative residential facility, or
state correctional institution and to every clerk of a court in this
state specified in division (A)(2) of this
section standard forms for reporting the information required
under division (A) of this
section. The standard forms that the superintendent prepares pursuant to
this division may be in a tangible format, in an electronic format, or in both
tangible formats and electronic formats. (C) The superintendent may operate a center for
electronic, automated, or other data processing for the storage
and retrieval of information, data, and statistics pertaining to
criminals and to children under eighteen years of age who are adjudicated
delinquent children for committing an
act that would be a felony or an offense of
violence if committed by an adult, criminal activity, crime prevention,
law
enforcement,
and criminal justice, and may establish and operate a statewide
communications network to gather and disseminate information,
data, and statistics for the use of law enforcement agencies. The
superintendent may gather, store, retrieve, and
disseminate information, data, and statistics that pertain to children who are
under eighteen years of age and that are gathered pursuant to sections 109.57
to 109.61 of the Revised Code together with information, data, and
statistics that pertain to adults and that are gathered pursuant to those
sections. In addition to any other authorized use of information, data, and statistics of that nature, the superintendent or the superintendent's designee may provide and exchange the information, data, and statistics pursuant to the national crime prevention and privacy compact as described in division (A)(5) of this section. (D) The information and materials furnished to the
superintendent pursuant to division (A) of this section and
information and materials furnished to any board or person under
division (F) or (G) of this section are not public records under section
149.43 of the Revised Code. (E) The attorney general shall adopt rules, in accordance
with Chapter 119. of the Revised Code, setting forth the
procedure by which a person may receive or release information
gathered by the superintendent pursuant to
division (A) of this
section. A reasonable fee may be charged for this service. If a
temporary employment service submits a request for a determination
of whether a person the service plans to refer to an employment
position has been convicted of or pleaded guilty to an offense
listed in division (A)(1), (3), (4), (5), or (6) of section 109.572
of the Revised Code, the request shall be treated as a single
request and only one fee shall be charged. (F)(1) As used in division (F)(2) of this section, "head
start agency" means an entity in this state that has been
approved to be an agency for purposes of subchapter II of the
"Community Economic Development Act," 95 Stat. 489 (1981), 42
U.S.C.A. 9831, as amended. (2)(a) In addition to or in conjunction with any request that
is required to be made under section 109.572, 2151.86, 3301.32,
3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5123.081, 5126.28,
5126.281, or 5153.111 of the Revised Code, the board of education
of any school district; the director of mental retardation and
developmental disabilities; any county board of mental retardation
and developmental disabilities; any entity under contract with a
county board of mental retardation and developmental
disabilities; the chief administrator of any chartered nonpublic
school; the chief administrator of any home health agency;
the chief administrator of or person operating any child
day-care center, type A family day-care home, or type B family
day-care home licensed or certified under Chapter 5104. of the
Revised Code; the administrator of any type C family day-care
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st
general assembly; the chief administrator of any head start agency;
or the executive director of a public children services agency
may request that the superintendent of the bureau investigate and
determine, with respect to any individual who has applied for
employment in any position after October 2, 1989, or any individual
wishing to apply for employment with a board of education may
request, with regard to the
individual, whether the bureau has any
information gathered under division (A) of this section that
pertains to that individual. On receipt of the request, the
superintendent shall determine whether that information
exists
and, upon request of the person, board, or entity requesting
information, also shall request from the federal bureau of
investigation any criminal records it has pertaining
to that
individual. The superintendent or the superintendent's designee also 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. Within thirty days of the date that the superintendent
receives a
request, the superintendent shall send to the board, entity, or
person a report of any information that the superintendent
determines exists,
including information contained in records that have been sealed
under section 2953.32 of the Revised Code, and, within thirty
days of its receipt, shall send the board, entity, or person a
report of any information received from the federal
bureau of investigation, other than information the dissemination
of which is prohibited by federal law. (b) When a board of education is required to receive information
under this section as a prerequisite to employment of an
individual pursuant to section 3319.39 of the Revised Code, it may accept a
certified copy of records that were issued
by the bureau of criminal identification and investigation and that are
presented by an individual applying for employment with the
district in lieu of requesting that information itself. In such a case, the
board shall accept the certified copy issued by the bureau in order to make a
photocopy of it for that individual's employment application documents and
shall return the certified copy to the individual. In a case of that nature,
a district only shall
accept a certified copy of records of that nature within one year
after the date of their issuance by the
bureau. (3) The state board of education may request, with respect
to any individual who has applied for employment after October 2,
1989, in any position with the state board or the department of
education, any information that a school district board of
education is authorized to request under division (F)(2)
of this section, and the
superintendent of the bureau shall proceed as if the request has
been received from a school district board of education under
division (F)(2) of this section. (4) When the superintendent of the bureau receives a
request for information under section 3319.291
of the Revised Code, the superintendent shall proceed as if the
request has been received from a school district board of
education under division (F)(2) of this section. (5) When a recipient of a classroom
reading
improvement grant paid under section 3301.86 of the Revised
Code
requests, with respect to any individual who applies to participate in
providing any program or service
funded in whole or in
part by the grant, the information that a school district board of
education is authorized to request under division
(F)(2)(a) of
this section, the superintendent of the bureau shall proceed as if the
request has been
received from a school district board of education under division
(F)(2)(a) of this section. (G) In addition to or in conjunction with
any request that is required to be made under section 3701.881,
3712.09,
3721.121, or 3722.151 of the Revised
Code with respect to an individual who has applied for employment in
a position that involves providing direct care to an older adult, the chief
administrator of a home health agency,
hospice care program, home licensed under Chapter 3721.
of the Revised Code, adult day-care program
operated pursuant to rules adopted under section 3721.04 of the
Revised Code, or adult care facility
may request that the superintendent of the bureau
investigate and determine, with respect to any individual who has
applied after
January 27, 1997, for employment in a position that
does not involve providing
direct care to an older adult, whether the bureau has any information
gathered under division (A) of this section that pertains
to that individual. In addition to or in conjunction with any request that is required to be made under section 173.27 of the Revised Code with respect to an individual who has applied for employment in a position that involves providing ombudsperson services to residents of long-term care facilities or recipients of community-based long-term care services, the state long-term care ombudsperson, ombudsperson's designee, or director of health may request that the superintendent investigate and determine, with respect to any individual who has applied for employment in a position that does not involve providing such ombudsperson services, whether the bureau has any information gathered under division (A) of this section that pertains to that applicant. In addition to or in conjunction with any request that is required to be made under section 173.394 of the Revised Code with respect to an individual who has applied for employment in a position that involves providing direct care to an individual, the chief administrator of a community-based long-term care agency may request that the superintendent investigate and determine, with respect to any individual who has applied for employment in a position that does not involve providing direct care, whether the bureau has any information gathered under division (A) of this section that pertains to that applicant. On receipt of a request under this division, the
superintendent shall determine whether that information
exists
and, on request of the individual requesting information,
shall also request from the federal bureau of investigation any
criminal records it has pertaining to the applicant. The superintendent or the superintendent's designee also 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. Within
thirty days of the date a request is received, the superintendent
shall send to the requester a report of any
information determined to exist, including information contained
in records that have been sealed under section 2953.32 of the
Revised Code, and, within thirty days of its
receipt, shall send the requester a report of any
information received from the federal bureau of
investigation,
other than information the dissemination of which is prohibited
by federal law. (H) Information obtained by a government entity or person under this section is confidential
and shall not be released or disseminated. (I) The superintendent may charge a reasonable fee for
providing information or criminal records under division (F)(2)
or (G) of this section.
Sec. 109.572. (A)(1) Upon receipt of a request pursuant to section 121.08, 3301.32, 3301.541, 3319.39, 5104.012, or 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, 2903.341, 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 173.27, 173.394, 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 for which a criminal records check is required by those sections. 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) On a request pursuant to section 2151.86 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, 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 listed in division (A)(8)(a) of this section. (9) When conducting a criminal records check on a request pursuant to section 5104.013 of the Revised Code for a person who is an owner, licensee, or administrator of a child day-care center or type A family day-care home or, an authorized provider of a certified type B family day-care home, or an adult residing in a type A or certified type B home, or when conducting a criminal records check or a request pursuant to section 5104.012 of the Revised Code for a person who is an applicant for employment in a center, type A home, or certified type B home, the superintendent, in addition to the determination made under division (A)(1) of this section, shall determine whether any information exists that indicates that the person has been convicted of or pleaded guilty to any of the following: (a) A violation of section 2913.02, 2913.03, 2913.04, 2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11, 2921.13, or 2923.01 of the Revised Code, a violation of section 2923.02 or 2923.03 of the Revised Code that relates to a crime specified in this division or division (A)(1)(a) of this section, or a second violation of section 4511.19 of the Revised Code within five years of the date of application for licensure or certification.
(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 or violations described in division (A)(9)(a) of this section. (10) Upon receipt of a request pursuant to section 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, 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, 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)(10)(a) of this section. (11) On receipt of a request for a criminal records check from an individual pursuant to section 4749.03 or 4749.06 of the Revised Code, accompanied by a completed copy of the form prescribed in division (C)(1) of this section and a set of fingerprint impressions obtained in a 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 indicating that the person who is the subject of the request has been convicted of or pleaded guilty to a felony in this state or in any other state. If the individual indicates that a firearm will be carried in the course of business, the superintendent shall require information from the federal bureau of investigation as described in division (B)(2) of this section. The superintendent shall report the findings of the criminal records check and any information the federal bureau of investigation provides to the director of public safety. (11)(12) 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), (8), (9), or (10), or (11) 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), (8), (9), or (10), or (11) 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 121.08, 173.27, 173.394, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 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 121.08, 173.27, 173.394, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 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 121.08, 173.27, 173.394, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 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 121.08, 173.27, 173.394, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 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 121.08, 173.27, 173.394, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 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), (A)(8)(a) or (b), or (A)(9)(a) or (b), or (A)(10)(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. 109.60. (A)(1) The sheriffs of the several counties and the
chiefs of police of cities, immediately upon the arrest of
any person for any felony, on suspicion of any felony, for a
crime constituting a misdemeanor on the first offense and a
felony on subsequent offenses, or for any misdemeanor described in
division (A)(1)(a) or (A)(10)(a) of section 109.572
of the Revised Code, and immediately upon the
arrest or taking
into custody of any child under
eighteen
years of age for committing an act
that would be a felony or an offense of violence
if committed by an adult or upon probable cause to believe
that a child of that
age may have committed an act that would be a
felony or
an offense of violence if committed by an adult, shall
take the person's or child's fingerprints, or cause
the same to be taken, according to the fingerprint system of
identification on the forms furnished by the superintendent of
the bureau of criminal identification and investigation, and immediately
shall
forward copies of the completed forms,
any other description that may be required, and
the history of the offense
committed
to the bureau to be classified and filed and to the clerk of the court
having jurisdiction over the prosecution of the offense or over the
adjudication relative to the act. (2) If a sheriff or chief of police
has not taken, or caused to be taken, a person's or child's
fingerprints in accordance with division
(A)(1) of this section by the time of the
arraignment or first appearance of the person or child, the
court shall order the person or child to appear before the
sheriff or chief of police within twenty-four hours to have the
person's or child's fingerprints taken. The sheriff or
chief of police shall take the person's or child's fingerprints,
or cause the fingerprints to be taken, according to the fingerprint
system of identification on the forms furnished by the
superintendent of the bureau of criminal identification and
investigation and, immediately after the person's or
child's arraignment or first appearance, forward copies of the completed
forms, any
other description that may be required, and the history of
the offense committed to the bureau to be classified and
filed and to the clerk of the court. (3) Every court with jurisdiction over a case involving a person or child
with respect to whom division (A)(1) of this section
requires a
sheriff or chief of police to take the person's or child's fingerprints shall
inquire at the time of the person's or child's sentencing or
adjudication whether or not the person or child has been
fingerprinted pursuant to division
(A)(1) or (2) of this section
for the original arrest upon which the sentence or adjudication
is based. If the person or child was not fingerprinted for
the original arrest upon which the sentence or adjudication is
based, the court shall order the person or child to appear before the
sheriff or chief of police within twenty-four hours to have the person's or
child's fingerprints taken. The sheriff or chief of police shall
take the person's or child's fingerprints, or cause the fingerprints to
be taken, according to the fingerprint system of identification
on the forms furnished by the superintendent of the bureau of
criminal identification and investigation and immediately
forward copies of the completed forms, any other description that
may be required, and the history of the offense committed
to the bureau to be classified and filed and to the clerk of the court. (4) If a person or child is in the custody of a law
enforcement agency or a detention facility, as defined in
section 2921.01 of the Revised
Code, and the chief law
enforcement officer or chief administrative officer of the
detention facility discovers that a warrant has been issued or a
bill of information has been filed alleging the person or child to have
committed an offense or act other than the offense or act for which the person
or child is in custody, and the other alleged offense or act is one for
which fingerprints are to be taken pursuant to division
(A)(1) of this section, the law
enforcement agency or detention facility shall take the
fingerprints of the person or child, or cause the fingerprints to be taken,
according to the
fingerprint system of identification on the forms furnished by
the superintendent of the bureau of criminal identification and
investigation and immediately
forward copies of the completed forms, any other description
that may be required, and the history of the offense
committed to the bureau to be classified and filed and to the clerk of the
court that issued the warrant or with which the bill of information was
filed. (5) If an accused
is
found not guilty of the offense charged or a nolle prosequi is entered in any
case, or if any accused child under eighteen years of age is found not to be a
delinquent
child for committing an act that would be a felony or an
offense of violence if committed by an adult or not
guilty of the felony or
offense of violence charged or a nolle prosequi is entered in that
case, the
fingerprints and description shall
be given to the accused upon the accused's request. (6) The
superintendent
shall compare the description received with those already
on file in the bureau, and, if the superintendent finds that
the person arrested or taken
into custody has
a criminal record or a record as a delinquent child for having committed an
act that would be a felony or an offense of violence if
committed by an adult or is a
fugitive from justice or wanted by any
jurisdiction in this or another state, the
United States, or a
foreign country for any offense, the superintendent at once
shall inform the
arresting officer, the officer taking the person into
custody, or the chief administrative officer of the county,
multicounty, municipal, municipal-county, or multicounty-municipal jail or
workhouse, community-based correctional facility, halfway house, alternative
residential facility, or state correctional institution in which the person or
child is in custody
of
that fact and give appropriate notice to the
proper authorities in the jurisdiction in which the person is
wanted, or, if that jurisdiction is a foreign country, give
appropriate notice to federal authorities for transmission to
the foreign country. The names, under which each person whose
identification is filed is known, shall be alphabetically
indexed by the superintendent. (B) Division (A) of this section does not apply to a violator of a city
ordinance unless the officers have reason to believe that the violator is a
past offender or the crime is one constituting a
misdemeanor on the first offense and a felony on subsequent
offenses, or unless it is advisable for the purpose of subsequent
identification. This section does not apply to any child under
eighteen years of age who was not arrested or otherwise taken into custody
for committing an act that would be a
felony or an
offense
of violence if committed by an adult or upon probable cause to believe
that a child of that
age may have
committed an act that would be a
felony or an
offense of violence if committed by an adult, except as provided in
section 2151.313 of the Revised Code.
(C)(1) For purposes of division (C) of this section, a law enforcement agency shall be considered to have arrested a person if any law enforcement officer who is employed by, appointed by, or serves that agency arrests the person. As used in division (C) of this section:
(a) "Illegal methamphetamine manufacturing laboratory" has the same meaning as in section 3745.13 of the Revised Code.
(b) "Methamphetamine or a methamphetamine product" means methamphetamine, any salt, isomer, or salt of an isomer of methamphetamine, or any compound, mixture, preparation, or substance containing methamphetamine or any salt, isomer, or salt of an isomer of methamphetamine.
(2) Each law enforcement agency that, in any calendar year, arrests any person for a violation of section 2925.04 of the Revised Code that is based on the manufacture of methamphetamine or a methamphetamine product, a violation of section 2925.041 of the Revised Code that is based on the possession of chemicals sufficient to produce methamphetamine or a methamphetamine product, or a violation of any other provision of Chapter 2925. or 3719. of the Revised Code that is based on the possession of chemicals sufficient to produce methamphetamine or a methamphetamine product shall prepare an annual report covering the calendar year that contains the information specified in division (C)(3) of this section relative to all arrests for violations of those sections committed under those circumstances during that calendar year and relative to illegal methamphetamine manufacturing laboratories, dump sites, and chemical caches as specified in that division and shall send the annual report, not later than the first day of March in the calendar year following the calendar year covered by the report, to the bureau of criminal identification and investigation. The law enforcement agency shall write any annual report prepared and filed under this division on the standard forms furnished by the superintendent of the bureau of criminal identification and investigation pursuant to division (C)(4) of this section. The annual report shall be a statistical report, and nothing in the report or in the information it contains shall identify, or enable the identification of, any person who was arrested and whose arrest is included in the information contained in the report. The annual report in the possession of the bureau and the information it contains are public records for the purpose of section 149.43 of the Revised Code.
(3) The annual report prepared and filed by a law enforcement agency under division (C)(2) of this section shall contain all of the following information for the calendar year covered by the report:
(a) The total number of arrests made by the agency in that calendar year for a violation of section 2925.04 of the Revised Code that is based on the manufacture of methamphetamine or a methamphetamine product, a violation of section 2925.041 of the Revised Code that is based on the possession of chemicals sufficient to produce methamphetamine or a methamphetamine product, or a violation of any other provision of Chapter 2925. or 3719. of the Revised Code that is based on the possession of chemicals sufficient to produce methamphetamine or a methamphetamine product;
(b) The total number of illegal methamphetamine manufacturing laboratories at which one or more of the arrests reported under division (C)(3)(a) of this section occurred, or that were discovered in that calendar year within the territory served by the agency but at which none of the arrests reported under division (C)(3)(a) of this section occurred;
(c) The total number of dump sites and chemical caches that are, or that are reasonably believed to be, related to illegal methamphetamine manufacturing and that were discovered in that calendar year within the territory served by the agency.
(4) The superintendent of the bureau of criminal identification and investigation shall prepare and furnish to each law enforcement agency in this state standard forms for making the annual reports required by division (C)(2) of this section. The standard forms that the superintendent prepares pursuant to this division may be in a tangible format, in an electronic format, or in both a tangible format and an electronic format.
(5) The annual report required by division (C)(2) of this section is separate from, and in addition to, any report, materials, or information required under division (A) of this section or under any other provision of sections 109.57 to 109.62 of the Revised Code.
Sec. 1347.08. (A) Every state or local agency that
maintains a personal information system, upon the request and the
proper identification of any person who is the subject of
personal information in the system, shall: (1) Inform the person of the existence of any personal
information in the system of which the person is the subject; (2) Except as provided in divisions (C) and (E)(2) of this
section, permit the person, the person's legal guardian, or
an attorney
who presents a signed written authorization made by the person,
to inspect all personal information in the system of which the
person is the subject; (3) Inform the person about the types of uses made of the
personal information, including the identity of any users usually
granted access to the system. (B) Any person who wishes to exercise a right provided by
this section may be accompanied by another individual of
the person's choice. (C)(1) A state or local agency, upon request, shall
disclose medical, psychiatric, or psychological information to a
person who is the subject of the information or to the
person's legal guardian, unless a physician, psychiatrist, or psychologist
determines for the agency that the disclosure of the information
is likely to have an adverse effect on the person, in which case
the information shall be released to a physician, psychiatrist,
or psychologist who is designated by the person or by the
person's legal guardian. (2) Upon the signed written request of either a licensed
attorney at law or a licensed physician designated by the inmate,
together with the signed written request of an inmate of a correctional
institution under the administration of the
department of rehabilitation and correction, the department shall
disclose medical information to the designated attorney or
physician as provided in division (C) of section 5120.21 of the
Revised Code. (D) If an individual who is authorized to inspect personal
information that is maintained in a personal information system
requests the state or local agency that maintains the system to
provide a copy of any personal information that the
individual is authorized to inspect, the agency shall provide a copy of
the personal
information to the individual. Each state and local agency may
establish reasonable fees for the service of copying, upon
request, personal information that is maintained by the agency. (E)(1) This section regulates access to personal
information that is maintained in a personal information system
by persons who are the subject of the information, but does not
limit the authority of any person, including a person who is the
subject of personal information maintained in a personal
information system, to inspect or have copied, pursuant to
section 149.43 of the Revised Code, a public record as defined in
that section. (2) This section does not provide a person who is the
subject of personal information maintained in a personal
information system, the person's legal guardian, or an
attorney authorized
by the person, with a right to inspect or have copied, or require
an agency that maintains a personal information system to permit
the inspection of or to copy, a confidential law enforcement
investigatory record or trial preparation record, as defined in
divisions (A)(2) and (4) of section 149.43 of the Revised Code. (F) This section does not apply to any of the following: (1) The contents of an adoption file maintained by the department of
health under section 3705.12 of the Revised Code; (2) Information contained in the putative father registry established by
section 3107.062 of the Revised Code, regardless
of whether the information is
held by the department
of job and family services or, pursuant to section
3111.69 of the Revised Code, the
office of child
support in the department or a child support enforcement agency; (3) Papers, records, and books that pertain to an adoption
and that are subject to inspection in accordance with section
3107.17 of the Revised Code; (4) Records listed in division (A) of section 3107.42 of
the Revised Code or specified in division (A) of section 3107.52
of the Revised Code; (5) Records that identify an individual described in
division (A)(1) of section 3721.031 of the Revised Code, or that
would tend to identify such an individual; (6) Files and records that have been expunged under
division (D)(1) of section 3721.23 of the Revised Code; (7) Records that identify an individual described in
division (A)(1) of section 3721.25 of the Revised Code, or that
would tend to identify such an individual; (8) Records that identify an individual described in
division (A)(1) of section 5111.61 of the Revised Code, or that
would tend to identify such an individual; (9) Test materials, examinations, or evaluation tools used in an
examination for licensure as a nursing home administrator that the board of
examiners of nursing home administrators administers under section 4751.04 of
the Revised Code or contracts under that section with a
private or government entity to administer; (10) Information contained in a database established and maintained pursuant to section 5101.13 of the Revised Code.
Sec. 1717.14. When an officer or agent of the Ohio humane
society or of a county humane society deems it for the best
interest of a child, because of cruelty inflicted upon it the child or
because of its the child's surroundings, that it the child be removed from the
possession and control of the parents or persons having charge of
it the child, such the officer or agent may take possession of the child
summarily, and upon doing so shall immediately file a complaint
in the juvenile court concerning such child. Such court shall
have full jurisdiction to deal with such child as provided in
sections 2151.01 to 2151.54 of the Revised Code, subject to the
prior jurisdiction, if any, which another court may have over
such child comply with section 2151.421 of the Revised Code. As used in this section "child" means any person under
eighteen years of age.
Sec. 2101.11. (A)(1) The probate judge shall have the
care and custody of the files, papers, books, and records
belonging to the probate court. The probate judge is
authorized to perform the
duties of clerk of the judge's court. The
probate judge may appoint deputy clerks,
stenographers, a bailiff, and any other necessary employees, each
of whom shall take an oath of office before entering upon the
duties of the employee's appointment and, when so qualified,
may perform the
duties appertaining to the office of clerk of the court. (2)(a) The probate judge shall provide for one or more
probate court investigators to perform the duties that are
established for a probate court investigator by the Revised Code
or the probate judge. The probate judge may provide for an
investigator in any of the following manners, as the court
determines is appropriate: (i) By appointing a person as a full-time or part-time
employee of the probate court to serve as investigator, or by
designating a current full-time or part-time employee of the
probate court to serve as investigator; (ii) By contracting with a person to serve and be
compensated as investigator only when needed by the probate
court, as determined by the court, and by designating that person
as a probate court investigator during the times when the person
is performing the duties of an investigator for the court; (iii) By entering into an agreement with another
department or agency of the county, including, but not limited
to, the sheriff's department or the county department of job
and family services, pursuant to which an employee of the other department
or agency will serve and perform the duties of investigator for
the court, upon request of the probate judge, and designating
that employee as a probate court investigator during the times
when the person is performing the duties of an investigator for
the court. (b) Each person appointed or otherwise designated as a
probate court investigator shall take an oath of office before
entering upon the duties of the person's appointment. When
so qualified,
an investigator may perform the duties that are established for a
probate court investigator by the Revised Code or the probate
judge. (c) Except as otherwise provided in this division, a
probate court investigator shall hold at least a bachelor's
degree in social work, psychology, education, special education,
or a related human services field. A probate judge may waive the
education requirement of this division for a person the judge
appoints or otherwise designates as a probate court investigator
if the judge determines that the person has experience in
family services work that is equivalent to the required education. (d) Within one year after appointment or designation,
a probate court investigator shall attend an orientation course
of at least six hours, and each calendar year after the calendar
year of appointment or designation, a probate court
investigator shall satisfactorily complete at least six hours of
continuing education. (e) For purposes of divisions (A)(4), (B), and (C) of this
section, a person designated as a probate court investigator
under division (A)(2)(a)(ii) or (iii) of this section shall be
considered an appointee of the probate court at any time that the
person is performing the duties established under the Revised
Code or by the probate judge for a probate court investigator. (3)(a) The probate judge may provide for one or more
persons to perform the duties of an assessor under sections
3107.031, 3107.032, 3107.082, 3107.09, 3107.101, and 3107.12 of the
Revised
Code or may enter into
agreements with public children services agencies, private child
placing agencies, or private noncustodial agencies under which
the agency provides for one or more persons to perform the
duties of an assessor. A probate judge who provides for an
assessor shall do so in either of the following
manners, as the judge considers appropriate: (i) By appointing a person as a full-time or
part-time employee of the probate court to serve as assessor, or
by designating a current full-time or part-time employee of the
probate court to serve as assessor; (ii) By contracting with a person to serve and be
compensated as assessor only when needed by the probate court,
as determined by the court, and by designating that person as an
assessor during the times when the person is performing the
duties of an assessor for the court. (b) Each person appointed or designated
as a probate court assessor shall take an oath of office before
entering on the duties of the person's appointment. (c) A probate court assessor must meet the
qualifications for an assessor established by section
3107.014 of the Revised Code. (d) A probate court assessor shall perform
additional duties, including duties of an investigator under
division (A)(2) of this
section, when the probate judge assigns additional duties to the
assessor. (e) For purposes of divisions
(A)(4),
(B), and
(C) of this section, a person
designated as a probate court assessor shall be considered an
appointee of the probate court at any time that the person is
performing assessor duties. (4) Each appointee of the probate judge may administer
oaths in all cases when necessary, in the discharge of
official duties. (B)(1)(a) Subject to the appropriation made by the board
of county commissioners pursuant to this division, each appointee
of a probate judge under division (A) of this section shall
receive such compensation and expenses as the judge determines
and shall serve during the pleasure of the judge. The
compensation of each appointee shall be paid in semimonthly
installments by the county treasurer from the county treasury,
upon the warrants of the county auditor, certified to by the
judge. (b) Except as otherwise provided in the Revised Code, the
total compensation paid to all appointees of the probate judge in
any calendar year shall not exceed the total fees earned by the
probate court during the preceding calendar year, unless the
board of county commissioners approves otherwise. (2) The probate judge annually shall submit a written
request for an appropriation to the board of county commissioners
that shall set forth estimated administrative expenses of the
court, including the salaries of appointees as determined by the
judge and any other costs, fees, and expenses, including, but not
limited to, those enumerated in section 5123.96 of the Revised
Code, that the judge considers reasonably necessary for the
operation of the court. The board shall conduct a public hearing
with respect to the written request submitted by the judge and
shall appropriate such sum of money each year as it determines,
after conducting the public hearing and considering the written
request of the judge, is reasonably necessary to meet all the
administrative expenses of the court, including the salaries of
appointees as determined by the judge and any other costs, fees,
and expenses, including, but not limited to, the costs, fees, and
expenses enumerated in section 5123.96 of the Revised Code. If the judge considers the appropriation made by the board
pursuant to this division insufficient to meet all the
administrative expenses of the court, the judge shall
commence an action
under Chapter 2731. of the Revised Code in the court of appeals
for the judicial district for a determination of the duty of the
board of county commissioners to appropriate the amount of money
in dispute. The court of appeals shall give priority to the
action filed by the probate judge over all cases pending on its
docket. The burden shall be on the probate judge to prove that
the appropriation requested is reasonably necessary to meet all
administrative expenses of the court. If, prior to the filing of
an action under Chapter 2731. of the Revised Code or during the
pendency of the action, the judge exercises the judge's
contempt power in
order to obtain the sum of money in dispute, the judge shall
not order
the imprisonment of any member of the board of county
commissioners notwithstanding sections 2705.02 to 2705.06 of the
Revised Code. (C) The probate judge may require any of the judge's
appointees to
give bond in the sum of not less than one thousand dollars,
conditioned for the honest and faithful performance of the
appointee's
duties. The sureties on the bonds shall be approved in the
manner provided in section 2101.03 of the Revised Code. The judge is personally liable for the default,
malfeasance, or nonfeasance of any such appointee, but, if a bond
is required of the appointee, the liability of the judge is
limited to the amount by which the loss resulting from the
default, malfeasance, or nonfeasance exceeds the amount of the
bond. All bonds required to be given in the probate court, on
being accepted and approved by the probate judge, shall be filed
in the judge's office. Sec. 2151.011. (A) As used in the Revised Code: (1) "Juvenile court" means whichever of the following is
applicable that has jurisdiction
under this chapter and Chapter
2152. of the Revised
Code: (a) The division of the court of
common pleas specified in
section 2101.022 or 2301.03 of the
Revised Code as
having
jurisdiction under this chapter and Chapter 2152. of the
Revised
Code or as being the
juvenile division or the juvenile division
combined with one or more
other divisions; (b) The juvenile court of Cuyahoga county or
Hamilton county
that is separately and independently created
by section 2151.08
or Chapter 2153. of the
Revised Code and that has jurisdiction
under this
chapter and Chapter 2152. of the Revised
Code; (c) If division (A)(1)(a) or
(b) of this section does not
apply,
the probate division of the court of common pleas. (2) "Juvenile judge" means a judge of a court having
jurisdiction under this chapter. (3) "Private child placing agency" means any association,
as
defined in section 5103.02 of the Revised Code, that is
certified
under section 5103.03
of the Revised Code
to accept temporary,
permanent, or legal custody of children
and place the children for
either foster care or adoption. (4) "Private noncustodial agency" means any person,
organization, association, or society certified by the department
of job and family services that does not accept temporary
or
permanent
legal custody of children, that is privately operated in
this
state, and that does one or more of the following: (a) Receives and cares for children for two or more
consecutive weeks; (b) Participates in the placement of children in
certified
foster homes; (c) Provides adoption services in conjunction with a
public
children services agency or private child placing agency. (B) As used in this chapter: (1) "Adequate parental care" means the provision by a
child's parent or parents, guardian, or custodian of adequate
food, clothing, and shelter to ensure the child's health and
physical safety and the provision by a child's parent or parents
of specialized services warranted by the child's physical or
mental needs. (2) "Adult" means an individual who is eighteen years of age
or
older. (3) "Agreement for temporary custody" means a voluntary
agreement authorized by section 5103.15 of the Revised Code
that
transfers the temporary custody of a child to a
public children
services agency or a private child placing
agency. (4) "Certified foster home" means a foster home,
as defined
in section 5103.02 of the Revised Code,
certified under
section
5103.03 of the Revised Code. (5) "Child" means a person who is under
eighteen years of
age, except
that the juvenile court has jurisdiction over any
person who
is adjudicated an unruly child prior to
attaining
eighteen years
of age until the person attains twenty-one years
of
age, and, for
purposes of that jurisdiction related to that
adjudication, a
person who is so
adjudicated an unruly
child
shall
be deemed a
"child" until the person attains
twenty-one
years of
age. (6) "Child day camp," "child care," "child day-care
center,"
"part-time
child day-care center," "type A family
day-care home," "certified
type B family day-care home," "type B
home," "administrator
of a
child day-care center," "administrator
of a type A family
day-care home," "in-home aide," and "authorized
provider" have
the same meanings as in section 5104.01 of the
Revised Code. (7) "Child care provider" means an individual who is
a
child-care staff member or administrator of a child day-care
center, a type A family day-care home, or a type B family
day-care
home, or an in-home aide or an individual who is
licensed, is
regulated, is approved, operates under the direction
of, or
otherwise is certified by the department of job and
family
services, department of mental retardation and developmental
disabilities, or the early childhood programs of the department
of
education. (8) "Chronic truant" has the same
meaning as in section
2152.02 of the Revised Code. (9) "Commit" means to vest custody as ordered by the
court. (10) "Counseling" includes both of the following: (a) General counseling services performed
by a public
children services agency or shelter
for victims of domestic
violence to assist a child, a child's
parents, and a child's
siblings in alleviating identified problems
that may
cause or have
caused the child to be an abused, neglected, or
dependent child. (b) Psychiatric or
psychological therapeutic counseling
services
provided to correct or alleviate any mental or
emotional
illness or disorder and performed by a licensed psychiatrist,
licensed psychologist, or a person licensed
under Chapter 4757. of
the Revised Code
to engage in social work or professional
counseling. (11) "Custodian" means a person who has legal custody
of
a
child or a public children services agency or private child
placing agency that has permanent, temporary, or legal custody of
a child. (12) "Delinquent child" has the same meaning as in
section
2152.02 of the Revised Code. (13) "Detention" means the temporary care of children
pending court adjudication or disposition, or execution of a court
order, in a
public or private facility designed to physically
restrict the movement and
activities of children. (14) "Developmental disability" has the same meaning
as in
section 5123.01 of the Revised Code. (15) "Foster caregiver" has the
same meaning as in section
5103.02 of the
Revised Code. (16) "Guardian" means a person, association, or
corporation
that is granted authority by a probate court pursuant
to Chapter
2111. of the Revised Code to exercise parental rights
over a child
to the extent provided in the court's order and
subject to the
residual parental rights of the child's parents. (17) "Habitual truant" means any child of compulsory
school
age
who is absent without legitimate excuse for absence from the
public school the
child
is supposed to attend for five or more
consecutive school days,
seven or more school days in one school
month, or twelve or more
school days in a school year. (18) "Juvenile traffic offender" has the same
meaning as in
section 2152.02 of the Revised Code. (19) "Legal custody" means a legal status that
vests in
the
custodian the right to have physical care and control of the
child
and to determine where and with whom the child shall live, and
the
right and duty to protect, train, and discipline the child and to
provide the child with food, shelter, education, and medical care,
all
subject to any residual parental rights, privileges, and
responsibilities. An individual granted legal custody shall
exercise the rights and responsibilities personally unless
otherwise authorized by any section of the Revised Code or by the
court. (20) A "legitimate excuse for absence from the public
school
the
child is supposed to attend" includes, but is not limited to,
any of the
following: (a) The fact that the child in question has enrolled in and
is
attending another public or nonpublic school in this or another
state; (b) The fact that the child in question is excused from
attendance at school for any of the reasons specified in section
3321.04
of the Revised Code; (c) The fact that the child in question has received an age
and
schooling certificate in accordance with section 3331.01 of
the
Revised Code. (21) "Mental illness" and "mentally ill person
subject
to
hospitalization by court order" have the same meanings as in
section 5122.01 of the Revised Code. (22) "Mental injury" means any behavioral,
cognitive,
emotional, or mental disorder in a child caused by an act or
omission that
is described in section 2919.22 of the Revised Code
and is
committed by the parent or other person
responsible for the
child's care. (23) "Mentally retarded person" has the same
meaning as
in
section 5123.01 of the Revised Code. (24) "Nonsecure care, supervision, or training"
means
care,
supervision, or training of a child in a facility that does
not
confine or prevent movement of the child within the facility
or
from the facility. (25) "Of compulsory school age" has the same meaning as
in
section 3321.01 of the Revised Code. (26) "Organization" means any institution,
public,
semipublic, or private, and any private association, society, or
agency located or operating in the state, incorporated or
unincorporated, having among its functions the furnishing of
protective services or care for children, or the placement of
children in certified foster homes or elsewhere. (27) "Out-of-home care" means detention
facilities,
shelter
facilities, certified children's crisis care facilities, certified foster homes,
placement in a prospective
adoptive home prior to the issuance of
a final decree of adoption,
organizations, certified
organizations, child day-care centers,
type A family day-care
homes, child care provided by type B
family day-care home
providers and by in-home aides, group home
providers, group
homes, institutions, state institutions,
residential facilities,
residential care facilities, residential
camps, day camps, public schools, chartered nonpublic schools, educational service centers,
hospitals, and medical clinics that are
responsible for the care,
physical custody, or control of
children. (28) "Out-of-home care child abuse" means any of
the
following when committed by a person responsible for the care of
a
child in out-of-home care: (a) Engaging in sexual activity with a child in the person's
care; (b) Denial to a child, as a means of punishment, of proper
or necessary subsistence, education, medical care, or other care
necessary for a child's health; (c) Use of restraint procedures on a child that cause
injury
or pain; (d) Administration of prescription drugs or psychotropic
medication to the child without the written approval and ongoing
supervision of a licensed physician; (e) Commission of any act, other than by accidental means,
that results in any injury to or death of the child in out-of-home
care or commission of any act by accidental means that results in
an injury to or death of a child in out-of-home care and that is
at variance with the history given of the injury or death. (29) "Out-of-home care child neglect" means any
of the
following when committed by a person responsible for the care of
a
child in out-of-home care: (a) Failure to provide reasonable supervision according to
the standards of care appropriate to the age, mental and physical
condition, or other special needs of the child; (b) Failure to provide reasonable supervision according to
the standards of care appropriate to the age, mental and physical
condition, or other special needs of the child, that results in
sexual or
physical abuse of the child by any person; (c) Failure to develop a process for all of the following: (i) Administration of prescription drugs or psychotropic
drugs for the child; (ii) Assuring that the instructions of the licensed
physician who prescribed a drug for the child are followed; (iii) Reporting to the licensed physician who prescribed
the
drug all unfavorable or dangerous side effects from the use
of the
drug. (d) Failure to provide proper or necessary subsistence,
education, medical care, or other individualized care necessary
for the health or well-being of the child; (e) Confinement of the child to a locked room without
monitoring by staff; (f) Failure to provide ongoing security for all
prescription
and nonprescription medication; (g) Isolation of a child for a period of time when there
is
substantial risk that the isolation, if continued, will impair
or
retard the mental health or physical well-being of the child. (30) "Permanent custody" means a legal status
that vests
in
a public children services agency or a private child placing
agency, all parental rights, duties, and obligations, including
the right to consent to adoption, and divests the natural parents
or adoptive parents of all parental rights, privileges,
and
obligations, including all residual rights and obligations. (31) "Permanent surrender" means the act of
the
parents
or,
if a child has only one parent, of the parent of a child, by
a
voluntary agreement authorized by section 5103.15
of the Revised
Code, to transfer the permanent custody of the child to a
public
children services agency or a private child placing
agency. (32) "Person" means an individual, association, corporation, or partnership and the state or any of its political subdivisions, departments, or agencies. (33) "Person responsible for a child's care in
out-of-home
care" means any of the following: (a) Any foster caregiver, in-home aide, or provider; (b) Any administrator, employee, or agent of any of the
following: a public or private detention facility; shelter
facility; certified children's crisis care facility; organization; certified organization; child day-care
center; type A family day-care home; certified type B family
day-care home; group home; institution; state institution;
residential facility; residential care facility; residential
camp;
day camp; school district; community school; chartered nonpublic school; educational service center; hospital; or medical clinic; (c) Any person who supervises or coaches children as part of an extracurricular activity sponsored by a school district, public school, or chartered nonpublic school; (d) Any other person who performs a similar function with
respect to, or has a similar relationship to, children. (33)(34) "Physically impaired" means having one or
more of
the
following conditions that substantially limit one or more of
an
individual's major life activities, including self-care,
receptive
and expressive language, learning, mobility, and self-direction:
(a) A substantial impairment of vision, speech, or hearing; (b) A congenital orthopedic impairment; (c) An orthopedic impairment caused by disease,
rheumatic
fever or any other similar chronic or acute health
problem, or
amputation or another similar cause. (34)(35) "Placement for adoption" means the
arrangement by a
public children services agency or a private child placing agency
with a person for the care and adoption by that person of a child
of whom the agency has permanent custody.
(35)(36) "Placement in foster care" means the
arrangement by a
public children services agency or a private child placing
agency
for the out-of-home care of a child of whom the agency has
temporary custody or permanent custody.
(36)(37) "Planned permanent living arrangement"
means an order
of a
juvenile court pursuant to which both of the following apply:
(a) The court gives legal custody of a child to a public
children
services agency or a private child placing agency without
the termination of
parental rights. (b) The order permits the agency to make an appropriate
placement
of
the child and to enter into a written
agreement with
a foster care provider or with another person or agency with
whom
the child is placed. (37)(38) "Practice of social work" and "practice of
professional
counseling" have the same meanings as in section 4757.01
of the
Revised Code.
(38)(39) "Sanction, service, or condition"
means a sanction,
service, or condition created by
court
order following an
adjudication that a child is an unruly child that is described in
division (A)(4) of section
2152.19 of the Revised Code.
(39)(40) "Protective supervision" means an order of
disposition
pursuant to which the court permits an abused,
neglected,
dependent, or unruly child to remain in the custody of the
child's parents,
guardian, or custodian and stay in the child's
home, subject to any
conditions and limitations upon the child,
the
child's parents,
guardian,
or custodian, or any other person
that the court prescribes,
including supervision as directed by
the court for the protection
of the child.
(40)(41) "Psychiatrist" has the same meaning as in
section
5122.01 of the Revised Code.
(41)(42) "Psychologist" has the same meaning as in
section
4732.01 of the Revised Code.
(42)(43) "Residential camp" means a program in which
the
care,
physical
custody, or control of
children is accepted overnight for
recreational or recreational and
educational purposes.
(43)(44) "Residential care facility" means an
institution,
residence, or facility that is licensed by the department of
mental health under section 5119.22 of the Revised Code and that
provides care for a child.
(44)(45) "Residential facility" means a home or
facility that
is
licensed by the department of mental retardation and
developmental
disabilities under section 5123.19 of the Revised Code
and in
which a child with a developmental disability
resides.
(45)(46) "Residual parental rights, privileges, and
responsibilities" means those rights, privileges, and
responsibilities remaining with the natural parent after the
transfer of legal custody of the child, including, but not
necessarily limited to, the privilege of reasonable visitation,
consent to adoption, the privilege to determine the child's
religious affiliation, and the responsibility for support.
(46)(47) "School day" means the school day established by
the
state
board of education pursuant to section 3313.48 of the
Revised
Code.
(47)(48) "School month" and "school year" have the same
meanings
as in
section 3313.62 of the Revised Code.
(48)(49) "Secure correctional facility" means a
facility
under
the direction of the department of youth services that is designed
to
physically restrict the movement and activities of children and
used for the
placement of children after adjudication and
disposition.
(49)(50) "Sexual activity" has the same meaning as in
section
2907.01 of the Revised Code.
(50)(51) "Shelter" means the temporary care of
children in
physically unrestricted facilities pending court adjudication or
disposition.
(51)(52) "Shelter for victims of domestic violence"
has the
same
meaning as in section 3113.33 of the Revised Code.
(52)(53) "Temporary custody" means legal custody of a
child
who
is removed from the child's home, which custody may be
terminated
at
any time at the discretion of the court or, if the legal
custody
is granted in an agreement for temporary custody, by the
person
who executed the agreement.
(C) For the purposes of this chapter, a child shall be
presumed
abandoned when the parents of the child have failed to
visit or maintain
contact with the child for more than ninety
days, regardless of whether the
parents resume contact with the
child after that period of
ninety days.
Sec. 2151.23. (A) The juvenile court has exclusive
original
jurisdiction under the Revised Code as follows: (1) Concerning any child who on or about the date
specified
in the complaint, indictment, or information is alleged to have
violated section 2151.87 of the Revised Code or an order issued
under that section or to be a juvenile traffic
offender or a
delinquent, unruly, abused, neglected, or
dependent child
and,
based on and in relation to the allegation pertaining to the
child,
concerning the parent, guardian, or other person having
care
of a child who is alleged to be an unruly or delinquent child
for being an
habitual or chronic
truant; (2) Subject to divisions (G) and (V) of section 2301.03 of the
Revised Code, to
determine the custody of any child not a ward of
another court of this state; (3) To hear and determine any application for a writ of
habeas corpus involving the custody of a child; (4) To exercise the powers and jurisdiction given the
probate division of the court of common pleas in Chapter 5122.
of
the Revised Code, if the court has probable cause to believe
that
a child otherwise within the jurisdiction of the court is a
mentally ill person subject to hospitalization by court order, as
defined in section 5122.01 of the Revised Code; (5) To hear and determine all criminal cases charging
adults
with the violation of any section of this chapter; (6) To hear and determine all criminal cases in which an
adult is charged with a violation of division (C) of section
2919.21, division (B)(1) of section 2919.22, section 2919.222,
division (B) of
section 2919.23, or section 2919.24 of the Revised
Code, provided
the charge is not included in an indictment that
also charges the
alleged adult offender with the commission of a
felony arising
out of the same actions that are the basis of the
alleged
violation of division (C) of section 2919.21, division
(B)(1) of
section 2919.22, section 2919.222, division (B) of
section
2919.23, or section
2919.24 of the Revised Code; (7) Under the interstate compact on juveniles in section
2151.56 of the Revised Code; (8) Concerning any child who is to be taken into custody
pursuant to section 2151.31 of the Revised Code, upon being
notified of the intent to take the child into custody and the
reasons for taking the child into custody; (9) To hear and determine requests for the extension of
temporary custody agreements, and requests for court approval of
permanent custody agreements, that are filed pursuant to section
5103.15 of the Revised Code; (10) To hear and determine applications for consent to
marry
pursuant to section 3101.04 of the Revised Code; (11) Subject to divisions (G) and (V) of section 2301.03 of the
Revised Code, to hear
and determine a request for an order for the
support of any child if the request is not ancillary to an action
for divorce, dissolution of marriage, annulment, or legal
separation, a criminal or civil action involving an allegation of
domestic violence, or an action for support brought under Chapter
3115. of the Revised Code; (12) Concerning an action commenced under section 121.38 of
the Revised
Code; (13) To hear and determine violations of section 3321.38
of
the Revised Code; (14) To exercise
jurisdiction and authority over the
parent,
guardian, or other person having care of a child alleged
to be a
delinquent child, unruly child, or juvenile traffic
offender,
based on and in relation to the allegation pertaining to
the
child; (15) To conduct the hearings, and to make the determinations,
adjudications, and orders authorized or required under sections
2152.82 to 2152.85 and Chapter 2950. of the Revised Code regarding
a
child who has been adjudicated a delinquent child and to refer
the duties conferred upon the juvenile court judge under sections
2152.82 to 2152.85 and Chapter 2950. of the Revised Code to
magistrates appointed by the juvenile court judge in accordance
with Juvenile Rule 40. (B) Except as provided in divisions (G) and (I) of section 2301.03 of
the Revised
Code, the juvenile court has original jurisdiction
under the
Revised Code: (1) To hear and determine all cases of misdemeanors
charging
adults with any act or omission with respect to any
child, which
act or omission is a violation of any state law or
any municipal
ordinance; (2) To determine the paternity of any child alleged to
have
been born out of wedlock pursuant to sections 3111.01 to 3111.18
of the
Revised Code; (3) Under the uniform interstate family support
act in
Chapter 3115. of the Revised Code; (4) To hear and determine an application for an order for
the support of any child, if the child is not a ward of another
court of this state; (5) To hear and determine an action commenced under section
3111.28
of the Revised Code; (6) To hear and determine a motion filed under section
3119.961 of the Revised Code; (7) To receive filings under section 3109.74 of the Revised Code, and to hear and determine actions arising under sections 3109.51 to 3109.80 of the Revised Code.
(8)
To enforce an order for the return of a child made under the Hague Convention on the Civil Aspects of International Child Abduction pursuant to section 3127.32 of the Revised Code;
(9) To grant any relief normally available under the laws of this state to enforce a child custody determination made by a court of another state and registered in accordance with section 3127.35 of the Revised Code. (C) The juvenile court, except as to juvenile courts that
are a separate division of the court of common pleas or a
separate
and independent juvenile court, has jurisdiction to
hear,
determine, and make a record of any action for divorce or
legal
separation that involves the custody or care of children
and that
is filed in the court of common pleas and certified by
the court
of common pleas with all the papers filed in the action
to the
juvenile court for trial, provided that no certification of
that
nature shall
be made to any juvenile court unless the consent of
the juvenile judge
first is obtained. After a certification of
that nature is made
and consent is
obtained, the juvenile court
shall proceed as if the action originally had
been begun in that
court, except as to awards for spousal support
or support due and
unpaid at the time of certification, over
which the juvenile court
has no jurisdiction. (D) The juvenile court, except as provided in divisions (G) and (I)
of section 2301.03
of the Revised Code, has jurisdiction to hear
and
determine all matters as to custody and support of children
duly
certified by the court of common pleas to the juvenile court
after a divorce decree has been granted, including jurisdiction
to
modify the judgment and decree of the court of common pleas as
the
same relate to the custody and support of children. (E) The juvenile court, except as provided in divisions (G) and (I)
of section 2301.03
of the Revised Code, has jurisdiction to hear
and
determine the case of any child certified to the court by any
court of competent jurisdiction if the child comes within the
jurisdiction of the juvenile court as defined by this section. (F)(1) The juvenile court shall exercise its jurisdiction
in
child custody matters in accordance with sections 3109.04,
3127.01
to 3127.53, and 5103.20 to 5103.28 5103.22 of the Revised Code. (2) The juvenile court shall exercise its jurisdiction in
child support matters in accordance with section 3109.05 of the
Revised Code. (G) Any
juvenile court that
makes or modifies an order for
child support
shall comply with
Chapters 3119., 3121., 3123., and
3125. of the Revised Code. If any person
required to pay
child
support under an order made by a juvenile
court on or after
April
15, 1985, or modified on or after December
1, 1986, is
found in
contempt of court for failure to make support
payments
under the
order, the court that makes the finding, in
addition to
any other
penalty or remedy imposed, shall assess all
court costs
arising
out of the contempt proceeding against the
person and
require the
person to pay any reasonable attorney's
fees of any
adverse party,
as determined by the court, that arose
in relation
to the act of
contempt. (H) If a child who is charged with an act that would be an
offense if committed by an adult was fourteen years of age or
older and under
eighteen years of age at the time of the alleged
act and if the case is
transferred for criminal prosecution
pursuant to section 2152.12 of the
Revised Code, the
juvenile
court does not have jurisdiction to hear or
determine the case
subsequent to the transfer. The court to which the
case is
transferred for criminal prosecution pursuant to that
section has
jurisdiction subsequent to the transfer to hear and
determine the
case in the same manner as if the case originally
had been
commenced in that court, including, but not limited to,
jurisdiction to accept a plea of guilty or another plea
authorized
by Criminal Rule 11 or another section
of the Revised Code and
jurisdiction to accept a
verdict and to enter a judgment of
conviction pursuant to the
Rules of Criminal Procedure against the
child for the commission of the offense that was the basis of the
transfer of the case for criminal prosecution, whether the
conviction is for the same degree or a lesser degree of the
offense charged, for the commission of a lesser-included offense,
or for the commission of another offense that is different from
the offense charged. (I) If a person under eighteen
years of age allegedly
commits an act that would be a felony if committed by
an adult and
if the person is not taken into custody or apprehended for that
act until after the person attains twenty-one years of age, the
juvenile court
does not have jurisdiction to hear or determine any
portion of the case
charging the person with committing that act.
In those circumstances,
divisions (A) and (B) of section 2152.12
of the
Revised Code do not apply regarding the act, and the case
charging the person with committing the act shall be a criminal
prosecution
commenced and heard in the appropriate court having
jurisdiction of the
offense as if the person had been eighteen
years of age or older when the
person committed the act. All
proceedings pertaining to the act shall be
within the jurisdiction
of the court having jurisdiction of the offense, and
that court
has all the authority and
duties
in the case that it has in other
criminal cases in
that court.
Sec. 2151.281. (A) The court shall appoint a guardian ad
litem, subject to rules adopted by the supreme court, to protect the interest of a child in any proceeding
concerning an alleged or adjudicated delinquent child or unruly
child when either of the following applies: (1) The child has no parent, guardian, or legal custodian. (2) The court finds that there is a conflict of interest
between the child and the child's parent, guardian, or legal
custodian. (B)(1) The court shall appoint a guardian ad litem, subject to rules adopted by the supreme court, to
protect the interest of a child in any proceeding concerning an
alleged abused or neglected child and in any proceeding held
pursuant to section 2151.414 of the Revised Code. The guardian
ad
litem so appointed shall not be the attorney responsible for
presenting the evidence alleging that the child is an abused or
neglected child and shall not be an employee of any party in the
proceeding. (2) The guardian ad litem appointed for an alleged or
adjudicated abused or neglected child may bring a civil
action
against any person, who is required by division (A)(1) of
section
2151.421 of the Revised Code to file a report of known or
suspected child abuse or child neglect, if that person knows or
suspects that the child for whom the guardian ad litem is
appointed is the subject of child abuse or child neglect and does
not
file the required report and if the child suffers any injury
or harm as a
result of the known or suspected child abuse or child
neglect or suffers
additional
injury or harm after the failure to
file the report. (C) In any proceeding concerning an alleged or adjudicated
delinquent, unruly, abused, neglected, or dependent child in
which
the parent appears to be mentally incompetent or is under
eighteen
years of age, the court shall appoint a guardian ad
litem to
protect the interest of that parent. (D) The court shall require the guardian ad litem to
faithfully discharge the guardian ad litem's duties and,
upon the
guardian ad litem's failure to faithfully discharge
the guardian
ad litem's duties, shall discharge
the guardian ad litem and
appoint another guardian ad litem. The court
may fix the
compensation for the service of the guardian ad litem, which
compensation shall be paid from the treasury of the county, subject to rules adopted by the supreme court. (E) A parent who is eighteen years of age or older and not
mentally incompetent shall be deemed sui juris for the purpose of
any proceeding relative to a child of the parent who
is alleged or
adjudicated to be an abused, neglected, or dependent child. (F) In any case in which a parent of a child alleged or
adjudicated to be an abused, neglected, or dependent child is
under eighteen years of age, the parents of that parent shall be
summoned to appear at any hearing respecting the child, who is
alleged or adjudicated to be an abused, neglected, or dependent
child. (G) In any case involving an alleged or adjudicated abused
or neglected child or an agreement for the voluntary surrender of
temporary or permanent custody of a child that is made in
accordance with section 5103.15 of the Revised Code, the court
shall appoint the guardian ad litem in each case as soon as
possible after the complaint is filed, the request for an
extension of the temporary custody agreement is filed with the
court, or the request for court approval of the permanent custody
agreement is filed. In any case involving an alleged dependent
child in which the parent of the child appears to be mentally
incompetent or is under eighteen years of age, there is a
conflict
of interest between the child and the child's parents, guardian,
or custodian, or the court believes that the parent of the child
is not capable of representing the best interest of the child,
the
court shall appoint a guardian ad litem for the child. The
guardian ad litem or the guardian ad litem's replacement
shall
continue to serve until any of the following occur: (1) The complaint is dismissed or the request for an
extension of a temporary custody agreement or for court approval
of the permanent custody agreement is withdrawn or denied; (2) All dispositional orders relative to the child have
terminated; (3) The legal custody of the child is granted to a
relative
of the child, or to another person; (4) The child is placed in an adoptive home or, at the
court's
discretion, a final decree of adoption is issued with
respect to the
child; (5) The child reaches the age of eighteen if the child is
not mentally retarded, developmentally
disabled, or physically
impaired or the child reaches the
age of twenty-one if the child
is mentally retarded, developmentally
disabled, or physically
impaired; (6) The guardian ad litem resigns or is removed by the
court
and a replacement is appointed by the court. If a guardian ad litem ceases to serve a child pursuant to
division
(G)(4) of this section and the petition for adoption with
respect to
the child is denied or withdrawn prior to the issuance
of a final decree of
adoption or prior to the date an
interlocutory order of adoption becomes
final, the juvenile court
shall reappoint a guardian ad litem for that child.
The public
children services agency or private child placing agency with
permanent custody of the child shall notify the juvenile court if
the petition
for adoption is denied or withdrawn. (H) If the guardian ad litem for an alleged or adjudicated
abused, neglected, or dependent child is an attorney admitted to
the practice of law in this state, the guardian ad litem also
may
serve as counsel to the ward. If Until the supreme court adopts rules regarding service as a guardian ad litem that regulate conflicts between a person's role as guardian ad litem and as counsel, if a person is serving as
guardian
ad litem and
counsel for a child and either that person or the
court finds
that a conflict may exist between the person's roles
as guardian
ad litem and as counsel, the court shall relieve the
person of
duties as guardian ad litem and appoint someone else as
guardian ad litem for the child. If the court appoints a person
who is not an attorney admitted to the practice of law in this
state to be a guardian ad litem, the court also may appoint an
attorney admitted to the practice of law in this state to serve
as
counsel for the guardian ad litem. (I) The guardian ad litem for an alleged or adjudicated
abused, neglected, or dependent child shall perform whatever
functions are necessary to protect the best interest of the
child,
including, but not limited to, investigation, mediation,
monitoring court proceedings, and monitoring the
services provided
the child by the public children services
agency or private child
placing agency that has temporary or
permanent custody of the
child, and shall file any motions and
other court papers that are
in the best interest of the child. The guardian ad litem shall be given notice of all
hearings,
administrative reviews, and other proceedings in the
same manner
as notice is given to parties to the action. (J)(1) When the court appoints a guardian ad litem
pursuant
to this section, it shall appoint a qualified volunteer
or court appointed special advocate whenever
one is available and the appointment is appropriate. (2) Upon request, the department of job and family
services
shall provide for the training of volunteer guardians ad litem.
Sec. 2151.353. (A) If a child is adjudicated an abused,
neglected, or dependent child, the court may make any of the
following orders of disposition: (1) Place the child in protective supervision; (2) Commit the child to the temporary custody of a public
children services agency, a private child placing agency, either
parent, a relative residing within or outside the state, or a
probation officer for placement in a certified foster
home, or in any other home approved by the court; (3) Award legal custody of the child to either parent or
to any other person who, prior to the dispositional hearing,
files a motion requesting legal custody of the child; or is identified as a proposed legal custodian in a complaint or motion filed prior to the dispositional hearing by any party to the proceedings. A person identified in a complaint or motion filed by a party to the proceedings as a proposed legal custodian shall be awarded legal custody of the child only if the person identified signs a statement of understanding for legal custody that contains at least the following provisions: (a) That it is the intent of the person to become the legal custodian of the child and the person is able to assume legal responsibility for the care and supervision of the child;
(b) That the person understands that legal custody of the child in question is intended to be permanent in nature and that the person will be responsible as the custodian for the child until the child reaches the age of majority. Responsibility as custodian for the child shall continue beyond the age of majority if, at the time the child reaches the age of majority, the child is pursuing a diploma granted by the board of education or other governing authority, successful completion of the curriculum of any high school, successful completion of an individualized education program developed for the student by any high school, or an age and schooling certificate. Responsibility beyond the age of majority shall terminate when the child ceases to continuously pursue such an education, completes such an education, or is excused from such an education under standards adopted by the state board of education, whichever occurs first.
(c) That the parents of the child have residual parental rights, privileges, and responsibilities, including, but not limited to, the privilege of reasonable visitation, consent to adoption, the privilege to determine the child's religious affiliation, and the responsibility for support;
(d) That the person understands that the person must be present in court for the dispositional hearing in order to affirm the person's intention to become legal custodian, to affirm that the person understands the effect of the custodianship before the court, and to answer any questions that the court or any parties to the case may have.
(4) Commit the child to the permanent custody of a public
children services agency or private child placing agency, if the
court determines in accordance with division (E) of section
2151.414 of the Revised Code that the child cannot be placed with
one of the child's parents within a reasonable time or should not be
placed with either parent and determines in accordance with
division (D) of section 2151.414 of the Revised Code that the
permanent commitment is in the best interest of the child. If
the court grants permanent custody under this division, the
court, upon the request of any party, shall file a written
opinion setting forth its findings of fact and conclusions of law
in relation to the proceeding. (5) Place the child in a planned
permanent living arrangement with a
public children services agency or private child placing agency,
if a public children services agency or private child placing
agency requests the court to place the child in a planned permanent living
arrangement and if the court
finds, by clear and convincing
evidence, that a planned permanent living
arrangement is in the best interest of
the child and that one of the following exists: (a) The child, because of physical, mental, or
psychological problems or needs, is unable to function in a
family-like setting and must remain in residential or
institutional care. (b) The parents of the child have significant physical,
mental, or psychological problems and are unable to care for the
child because of those problems, adoption is not in the best
interest of the child, as determined in accordance with division
(D) of section 2151.414 of the Revised Code, and the child
retains a significant and positive relationship with a parent or
relative. (c) The child is sixteen years of age or older, has been
counseled on the permanent placement options available to the
child, is unwilling to accept or unable to adapt to a permanent placement,
and is in an agency program preparing the child for independent living. (6) Order the removal from the child's
home until further order of the court of the person who committed
abuse as described in section 2151.031 of the Revised
Code against the child, who caused or allowed the child
to suffer neglect as described in section 2151.03 of the
Revised Code, or who is the parent, guardian,
or custodian of a child who is adjudicated a dependent child and
order any person not to have contact with the child or the
child's siblings. (B) No order for permanent custody or temporary custody of
a child or the placement of a child in a
planned permanent living arrangement
shall be made pursuant to this section unless the complaint
alleging the abuse, neglect, or dependency contains a prayer
requesting permanent custody, temporary custody, or the placement
of the child in a planned permanent living
arrangement as desired, the summons
served on the parents of the child contains as is appropriate a
full explanation that the granting of an order for permanent
custody permanently divests them of their parental rights, a full
explanation that an adjudication that the child is an abused,
neglected, or dependent child may result in an order of temporary
custody that will cause the removal of the child from their legal
custody until the court terminates the order of temporary custody
or permanently divests the parents of their parental rights, or a
full explanation that the granting of an order for a planned permanent living
arrangement
will result in the removal of the child from their
legal custody if any of the conditions listed in divisions
(A)(5)(a) to (c) of this section are found to exist, and the
summons served on the parents contains a full explanation of
their right to be represented by counsel and to have counsel
appointed pursuant to Chapter 120. of the Revised Code if they
are indigent. If after making disposition as authorized by division
(A)(2) of this section, a motion is filed that requests permanent
custody of the child, the court may grant permanent custody of
the child to the movant in accordance with section 2151.414 of
the Revised Code. (C) If the court issues an order for protective
supervision pursuant to division (A)(1) of this section, the
court may place any reasonable restrictions upon the child, the
child's parents, guardian, or custodian, or any other person,
including, but not limited to, any of the following: (1) Order a party, within forty-eight hours after the
issuance of the order, to vacate the child's home indefinitely or
for a specified period of time; (2) Order a party, a parent of the child, or a physical
custodian of the child to prevent any particular person from
having contact with the child; (3) Issue an order restraining or otherwise controlling
the conduct of any person which conduct would not be in the best
interest of the child. (D) As part of its dispositional order, the court shall
journalize a case plan for the child. The journalized case plan
shall not be changed except as provided in section 2151.412 of
the Revised Code. (E)(1) The court shall retain jurisdiction over any child
for whom the court issues an order of disposition pursuant to
division (A) of this section or pursuant to section 2151.414 or
2151.415 of the Revised Code until the child attains the age of
eighteen years if the child is not mentally
retarded, developmentally disabled, or physically impaired,
the child attains the age of twenty-one years if the child is mentally
retarded, developmentally disabled, or
physically impaired, or the child is adopted and a final
decree of adoption is issued, except that the court may retain
jurisdiction over the child and continue any order of disposition
under division (A) of this section or under section 2151.414 or
2151.415 of the Revised Code for a specified period of time to
enable the child to graduate from high school or vocational
school. The court shall make an entry continuing its
jurisdiction under this division in the journal. (2) Any public children services agency, any private child
placing agency, the department of job and family
services, or any party,
other than any parent whose parental rights with respect to the
child have been terminated pursuant to an order issued under
division (A)(4) of this section, by filing a motion with the
court, may at any time request the court to modify or terminate
any order of disposition issued pursuant to division (A) of this
section or section 2151.414 or 2151.415 of the Revised Code. The
court shall hold a hearing upon the motion as if the hearing were
the original dispositional hearing and shall give all parties to
the action and the guardian ad litem notice of the hearing
pursuant to the Juvenile Rules. If applicable, the court shall comply with
section 2151.42 of the Revised Code. (F) Any temporary custody order issued pursuant to
division (A) of this section shall terminate one year after the
earlier of the date on which the complaint in the case was filed
or the child was first placed into shelter care, except that,
upon the filing of a motion pursuant to section 2151.415 of the
Revised Code, the temporary custody order shall continue and not
terminate until the court issues a dispositional order under that
section. (G)(1) No later than one year after the earlier of the date the
complaint in the case was filed or the child was first placed in shelter care,
a party may ask the court to extend an order for protective supervision for
six months or to terminate the order. A party requesting extension or
termination of the order shall file a written request for the extension or
termination with the court and give notice of the proposed extension or
termination in writing before the end of the day after the day of filing it to
all parties and the child's guardian ad litem. If a public children services
agency or private child placing agency requests termination of the order, the
agency shall file a written status report setting out the facts supporting
termination of the order at the time it files the request with the court. If
no party requests extension or termination of the order, the court shall
notify the parties that the court will extend the order for six months or
terminate it and that it may do so without a hearing unless one of the parties
requests a hearing. All parties and the guardian ad litem shall have seven
days from the date a notice is sent pursuant to this division to object to and
request a hearing on the proposed extension or termination. (a) If it receives a timely request for a hearing, the court
shall schedule a hearing to be held no later than thirty days after the
request is received by the court. The court shall give notice of the date,
time, and location of the hearing to all parties and the guardian ad litem.
At the hearing, the court shall determine whether extension or termination of
the order is in the child's best interest. If termination is in the child's
best interest, the court shall terminate the order. If extension is in the
child's best interest, the court shall extend the order for six months. (b) If it does not receive a timely request for a hearing, the
court may extend the order for six months or terminate it without a hearing
and shall journalize the order of extension or termination not later than
fourteen days after receiving the request for extension or termination or
after the date the court notifies the parties that it will extend or terminate
the order. If the court does not extend or terminate the order, it shall
schedule a hearing to be held no later than thirty days after the expiration
of the applicable fourteen-day time period and give notice of the date, time,
and location of the hearing to all parties and the child's guardian ad litem.
At the hearing, the court shall determine whether extension or termination of
the order is in the child's best interest. If termination is in the child's
best interest, the court shall terminate the order. If extension is in the
child's best interest, the court shall issue an order extending the order for
protective supervision six months. (2) If the court grants an extension of the order for protective
supervision pursuant to division (G)(1) of this section, a party may,
prior to termination of the extension, file with the court a request for an
additional extension of six months or for termination of the order. The court
and the parties shall comply with division (G)(1) of this section
with respect to extending or terminating the order. (3) If a court grants an extension pursuant to division (G)(2) of
this section, the court shall terminate the order for protective supervision
at the end of the extension. (H) The court shall not issue a dispositional order
pursuant to division (A) of this section that removes a child
from the child's home unless the court complies with section 2151.419 of
the
Revised Code and includes in
the dispositional order the findings of
fact required by that section. (I) If a motion or application for an order
described in division (A)(6) of this section is made,
the court shall not issue the order unless, prior to the issuance
of the order, it provides to the person all of the following: (1) Notice and a copy of the motion or application; (2) The grounds for the motion or application; (3) An opportunity to present evidence and witnesses at a
hearing regarding the motion or application; (4) An opportunity to be represented by counsel at the
hearing. (J) The jurisdiction of the court
shall terminate one year after the date of the award or, if the
court takes any further action in the matter subsequent to the
award, the date of the latest further action subsequent to the
award, if the court awards legal custody of a child to either of the
following: (1) A legal custodian who, at the time of the award of legal custody, resides
in a county of this state other than the county in which the court is located; (2) A legal custodian who resides in the county in which the court is located
at the time of the award of legal custody, but moves to a different county of
this state prior to one year after the date of the award or, if the court
takes any further action in the matter subsequent to the award, one year after
the date of the latest further action subsequent to the award. The court in the county in which the legal custodian resides then shall have
jurisdiction in the matter.
Sec. 2151.39. No person, association or agency, public or
private, of another state, incorporated or otherwise, shall place
a child in a family home or with an agency or institution within
the boundaries of this state, either for temporary or permanent
care or custody or for adoption, unless such person or
association
has furnished the department of job and family services with
a
medical and social history of the child, pertinent information
about the family, agency, association, or institution in this
state with whom the sending party desires to place the child, and
any other information or financial guaranty required by the
department to determine whether the proposed placement will meet
the needs of the child. The department may require the party
desiring the placement to agree to promptly receive and remove
from the state a child brought into the state whose placement has
not proven satisfactorily responsive to the needs of the child at
any time until the child is adopted, reaches majority, becomes
self-supporting or is discharged with the concurrence of the
department. All placements proposed to be made in this state by
a
party located in a state which is a party to the interstate
compact on the placement of children shall be made according to
the provisions of sections 5103.20 to 5103.28 5103.22 of the Revised
Code.
Sec. 2151.416. (A) Each agency that is required by
section
2151.412 of the Revised Code to prepare a case plan for a
child
shall complete a semiannual administrative review of the
case plan
no later than six months after the earlier of the date
on which
the complaint in the case was filed or the child was
first placed
in shelter care. After the first administrative
review, the
agency shall complete semiannual administrative
reviews no later
than every six months. If the court issues an
order pursuant to
section 2151.414 or 2151.415
of the Revised
Code, the agency shall
complete an administrative review no later
than six months after
the court's order and continue to complete
administrative reviews
no later than every six months after the
first review, except that
the court hearing held pursuant to
section 2151.417 of the Revised
Code may take the place of any
administrative review that would
otherwise be held at the time of
the court hearing. When
conducting a review, the child's health and safety
shall be the
paramount concern. (B) Each administrative review required by division (A) of
this section shall be conducted by a review panel of at least
three persons, including, but not limited to, both of the
following: (1) A caseworker with day-to-day responsibility for, or
familiarity with, the management of the child's case plan; (2) A person who is not responsible for the management of
the child's case plan or for the delivery of services to the
child
or the parents, guardian, or custodian of the child. (C) Each semiannual administrative review shall include,
but
not be limited to, a joint meeting by the review panel with
the
parents, guardian, or custodian of the child, the guardian ad
litem of the child, and the child's foster care provider and
shall
include an opportunity for those persons to submit any
written
materials to be included in the case record of the child.
If a
parent, guardian, custodian, guardian ad litem, or foster
care
provider of the child cannot be located after reasonable
efforts
to do so or declines to participate in the administrative
review
after being contacted, the agency does not have to include
them in
the joint meeting. (D) The agency shall prepare a written summary of the
semiannual administrative review that shall include, but not be
limited to, all of the following: (1) A conclusion regarding the safety and appropriateness of
the
child's foster care placement; (2) The extent of the compliance with the case plan of all
parties; (3) The extent of progress that has been made toward
alleviating the circumstances that required the agency to assume
temporary custody of the child; (4) An estimated date by which the child may be returned
to
and safely maintained in the child's home or placed for adoption
or
legal custody; (5) An updated case plan that includes any changes that
the
agency is proposing in the case plan; (6) The recommendation of the agency as to which agency or
person should be given custodial rights over the child for the
six-month period after the administrative review; (7) The names of all persons who participated in the
administrative review. (E) The agency shall file the summary with
the court no
later than seven days after the completion of the administrative
review. If the agency proposes a change to the case plan as a
result of
the administrative review, the agency shall file the
proposed change with the
court at the time it files the summary.
The agency shall give notice of the
summary and proposed change in
writing before the end of the next day after
filing them to all
parties and the child's guardian ad litem. All parties and
the
guardian ad litem shall have seven days after the date the notice
is sent
to object to and request a hearing on the proposed change. (1) If the court receives a timely request for a hearing,
the court shall
schedule a hearing pursuant to section 2151.417 of
the Revised Code to be held not later than
thirty days after the
court receives the request. The court shall give notice
of the
date, time, and location of the hearing to all parties and the
guardian
ad litem. The agency may implement the proposed change
after the hearing, if
the court approves it. The agency shall not
implement the proposed change
unless it is approved by the court. (2) If the court does not receive a timely request for a
hearing, the
court may approve the proposed change without a
hearing. If the court
approves the proposed change without a
hearing, it shall journalize the case
plan with the change not
later than fourteen days after the change is filed
with the court.
If the court does not approve the proposed change to the case
plan, it shall schedule a review hearing to be held pursuant to
section
2151.417 of the Revised Code no later than thirty days
after the expiration of the
fourteen-day time period and give
notice of the date, time, and location of
the hearing to all
parties and the guardian ad litem of the child. If,
despite the
requirements of this division and division (D) of section
2151.417
of the Revised Code, the court neither approves and journalizes
the proposed change
nor conducts a hearing, the agency may
implement the proposed change not
earlier than fifteen days after
it is submitted to the court. (F) The director of job and
family services may adopt
rules
pursuant to Chapter 119. of the Revised Code for procedures and
standard forms for conducting administrative reviews pursuant to
this section. (G) The juvenile court that receives the written summary
of
the administrative review, upon determining, either from the
written summary, case plan, or otherwise, that the custody or
care
arrangement is not in the best interest of the child, may
terminate the custody of an agency and place the child in the
custody of another institution or association certified
by the
department of job and family services under
section 5103.03 of the
Revised Code. (H) The department of job and family services shall
report
annually
to the public and to the general assembly on the results
of the
review of case plans of each agency. The annual report shall include any
information
that is required by the department, including, but
not limited to,
all of the following:
(1) A statistical analysis of the administrative reviews
conducted pursuant to this section and section 2151.417 of the
Revised Code;
(2) The number of children in temporary or permanent
custody
for whom an administrative review was conducted, the
number of
children whose custody status changed during the
period, the
number of children whose residential placement
changed during the
period, and the number of residential
placement changes for each
child during the period;
(3) An analysis of the utilization of public social
services
by agencies and parents or guardians, and the
utilization of the
adoption listing service of the department
pursuant to section
5103.154 of the Revised Code.
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 has reasonable cause to suspect based on facts that would cause a reasonable person in a similar position to suspect, 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 reasonable cause to suspect
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, other than a cleric, 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; employee of a facility or home that provides respite care in accordance with section 5123.171 of the Revised Code; employee of a home health agency; employee of an entity that provides homemaker services; a person performing the duties of an assessor pursuant to Chapter 3107. or 5103. of the Revised Code; or third party employed by a public children services agency to assist in providing child or family related services. (2) Except as provided in division (A)(3) of this section, 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. (3) The client or patient in an attorney-client or physician-patient relationship described in division (A)(2) of this section is deemed to have waived any
testimonial
privilege under division (A) or (B) of section 2317.02
of the
Revised
Code with respect to any communication the attorney or physician receives from the client or patient in that attorney-client or physician-patient relationship, 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 has reasonable cause to suspect based on facts that would cause a reasonable person in similar position to suspect, 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 abuse or neglect
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.
(4)(a) No cleric and no person, other than a volunteer, designated by any church, religious society, or faith acting as a leader, official, or delegate on behalf of the church, religious society, or faith who is acting in an official or professional capacity, who knows, or has reasonable cause to believe based on facts that would cause a reasonable person in a similar position to believe, 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, and who knows, or has reasonable cause to believe based on facts that would cause a reasonable person in a similar position to believe, that another cleric or another person, other than a volunteer, designated by a church, religious society, or faith acting as a leader, official, or delegate on behalf of the church, religious society, or faith caused, or poses the threat of causing, the wound, injury, disability, or condition that reasonably indicates abuse or neglect shall fail to immediately report that knowledge or reasonable cause to believe 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) Except as provided in division (A)(4)(c) of this section, a cleric is not required to make a report pursuant to division (A)(4)(a) of this section concerning any communication the cleric receives from a penitent in a cleric-penitent relationship, if, in accordance with division (C) of section 2317.02 of the Revised Code, the cleric could not testify with respect to that communication in a civil or criminal proceeding.
(c) The penitent in a cleric-penitent relationship described in division (A)(4)(b) of this section is deemed to have waived any testimonial privilege under division (C) of section 2317.02 of the Revised Code with respect to any communication the cleric receives from the penitent in that cleric-penitent relationship, and the cleric shall make a report pursuant to division (A)(4)(a) of this section with respect to that communication, if all of the following apply:
(i) The penitent, 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.
(ii) The cleric knows, or has reasonable cause to believe based on facts that would cause a reasonable person in a similar position to believe, as a result of the communication or any observations made during that communication, the penitent 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 penitent.
(iii) The abuse or neglect does not arise out of the penitent's attempt to have an abortion performed upon a child under eighteen years of age or upon a mentally retarded, developmentally disabled, or physically impaired person under twenty-one years of age without the notification of her parents, guardian, or custodian in accordance with section 2151.85 of the Revised Code. (d) Divisions (A)(4)(a) and (c) of this section do not apply in a cleric-penitent relationship when the disclosure of any communication the cleric receives from the penitent is in violation of the sacred trust.
(e) As used in divisions (A)(1) and (4) of this section, "cleric" and "sacred trust" have the same meanings as in section 2317.02 of the Revised Code. (B)
Anyone
who knows, or has reasonable cause to suspect based on facts that would cause a reasonable person in similar circumstances to suspect, 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 reasonable cause to suspect
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
injuries, abuse, or neglect that is known or reasonably suspected or believed, as applicable, to have occurred or of the
threat of injury, abuse, or neglect that is known or reasonably suspected or believed, as applicable, to exist, including
any
evidence of previous injuries, abuse, or neglect; (3) Any other information that might be helpful in
establishing the cause of the injury, abuse,
or
neglect that is known or reasonably suspected or believed, as applicable, to have occurred or of the threat of injury, abuse,
or
neglect that is known or reasonably suspected or believed, as applicable, to exist. Any person, who is required by division (A) of this section
to report child abuse or child neglect that is known or reasonably suspected or believed to have occurred, 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) 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 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 child
abuse or child neglect that is known or reasonably suspected or believed to have occurred and of
a threat of child
abuse or child neglect that is known or reasonably suspected or believed to exist 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 representative of the public children services agency shall, at the time of initial contact with the person subject to the investigation, inform the person of the specific complaints or allegations made against the person. The information shall be given in a manner that is consistent with division (H)(1) of this section and protects the rights of the person making the report under 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 uniform statewide automated child welfare information system that
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 accordance with section 5101.13 of the Revised Code. 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. 2151.423. A public children services agency shall disclose confidential information discovered during an investigation conducted pursuant to section 2151.421 or 2151.422 of the Revised Code to any federal, state, or local government entity that needs the information to carry out its responsibilities to protect children from abuse or neglect.
Information disclosed pursuant to this section is confidential and is not subject to disclosure pursuant to section 149.43 or 1347.08 of the Revised Code by the agency to whom the information was disclosed. The agency receiving the information shall maintain the confidentiality of information disclosed pursuant to this section.
Sec. 3107.011. (A) A person seeking to adopt a minor shall utilize an agency
or attorney to arrange the adoption. Only an agency or attorney may arrange
an adoption. An attorney may not represent with regard to the adoption both
the person seeking to adopt and the parent placing a child for adoption. Any person may informally aid or promote an adoption by making a person
seeking to adopt a minor aware of a minor who will be or is available for
adoption.
(B) A person seeking to adopt a minor who knowingly makes a false statement that is included in an application submitted to an agency or attorney to obtain services of that agency or attorney in arranging an adoption is guilty of the offense of falsification under section 2921.13 of the Revised Code.
Sec. 3107.014. (A) Except as provided
in division (B) of this section, only an individual
who meets all of the following requirements may perform the duties of
an assessor under sections 3107.031, 3107.032, 3107.082, 3107.09, 3107.101, 3107.12,
5103.0324, and
5103.152 of the Revised Code: (1) The individual must be in the employ of, appointed
by, or under contract with a court, public
children services agency, private child placing agency, or private
noncustodial agency; (2) The individual must be one of the following: (a) A professional counselor or, social worker, or marriage and family therapist licensed under Chapter 4757. of
the Revised Code; (b) A psychologist licensed under Chapter 4732. of the Revised Code; (c) A student working to earn a four-year, post-secondary
degree, or higher, in a social or behavior science, or both, who conducts assessor's duties under the supervision of a professional
counselor or, social worker, or marriage and family therapist licensed under
Chapter 4757. of the Revised Code or a psychologist licensed under Chapter
4732. of the Revised Code;. Beginning July 1, 2009, a student is eligible under this division only if the supervising professional counselor, social worker, marriage and family therapist, or psychologist has completed training in accordance with rules adopted under section 3107.015 of the Revised Code. (d) A civil service employee engaging in social work without a license under
Chapter 4757. of the Revised Code, as permitted by division
(A)(5) of section 4757.41 of the
Revised Code; (e) A former employee of a public children services agency who,
while so employed, conducted the duties of an assessor. (3) The individual must complete education programs training in
accordance with rules adopted under section 3107.015
of the Revised Code. (B) An individual in the employ of, appointed
by, or under contract with a court prior to
September 18, 1996, to conduct
adoption investigations of prospective adoptive
parents may perform the duties of an
assessor under sections 3107.031, 3107.032,
3107.082, 3107.09, 3107.101, 3107.12, 5103.0324, and
5103.152 of the Revised Code if the
individual complies with division (A)(3) of this section regardless of
whether the individual meets the requirement of division (A)(2) of
this section. (C) A court, public children services agency,
private child placing agency, or private noncustodial agency may
employ, appoint, or contract with an assessor in the county in which a
petition for adoption is filed and in any other county or
location outside this state where information needed to complete
or supplement the assessor's duties may be obtained. More than
one assessor may be utilized for an adoption. (D) Not later than January 1, 2008, the department of job and family services shall develop and maintain an assessor registry. The registry shall list all individuals who are employed, appointed by, or under contract with a court, public children services agency, private child placing agency, or private noncustodial agency and meet the requirements of an assessor as described in this section. A public children services agency, private child placing agency, private noncustodial agency, court, or any other person may contact the department to determine if an individual is listed in the assessor registry. An individual listed in the assessor registry shall immediately inform the department when that individual is no longer employed, appointed by, or under contract with a court, public children services agency, private child placing agency, or private noncustodial agency to perform the duties of an assessor as described in this section. The director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code necessary for the implementation, contents, and maintenance of the registry, and any sanctions related to the provision of information, or the failure to provide information, that is needed for the proper operation of the assessor registry.
Sec. 3107.015. Not later than ninety days after
June 20, 1996, the The director of job
and
family services shall adopt rules in
accordance
with Chapter 119. of the Revised Code
governing the education programs training an individual must complete for the purpose
of division (A)(3) of section 3107.014 of the Revised
Code. The education programs training shall include courses on adoption
placement practice, federal and state adoption assistance programs, and post
adoption support services.
Sec. 3107.016. The department of job and family services shall
develop a schedule of education programs training that meet meets the requirements
established in rules adopted pursuant to section 3107.015 of the
Revised
Code. The schedule shall include enough programs training to provide all
agencies equal access to the programs training. The department shall distribute the
schedule to all
agencies.
Sec. 3107.02. (A) Any minor may be adopted. (B) An adult may be adopted under any of the following
conditions: (1) If the adult is totally and permanently disabled; (2) If the adult is determined to be a mentally retarded
person
as defined in section 5123.01 of the Revised Code; (3) If the adult had established a child-foster
caregiver or
child-stepparent relationship with the petitioners as a minor,
and
the adult consents to the adoption; (4) If the adult was, at the time of the adult's eighteenth birthday, in the permanent custody of a public children services agency or a private child placing agency, and the adult consents to the adoption. (C) When proceedings to adopt a minor are initiated by the
filing of a petition, and the eighteenth birthday of the minor
occurs prior to the decision of the court, the court shall
require
the person who is to be adopted to submit a written
statement of
consent or objection to the adoption. If an
objection is
submitted, the petition shall be dismissed, and if a
consent is
submitted, the court shall proceed with the case, and
may issue an
interlocutory order or final decree of adoption.
(D) Any physical examination of the individual to be
adopted
as part of or in contemplation of a petition to adopt may
be
conducted by any health professional authorized by the Revised
Code to perform physical examinations, including a physician
assistant, a
clinical nurse
specialist, a certified nurse
practitioner, or a certified
nurse-midwife. Any written
documentation of the physical examination shall be completed by
the healthcare professional who conducted the examination. (E) An adult who consents to an adoption pursuant to division (B)(4) of this section shall provide the court with the name and contact information of the public children services agency or private child placing agency that had permanent custody of that adult. The petitioner shall request verification from the agency as to whether the adult was or was not in the permanent custody of that agency at the time of the adult's eighteenth birthday and provide the verification to the court.
Sec. 3107.031. Except as otherwise provided in this section,
an assessor shall conduct a home study for the purpose of
ascertaining whether a person seeking to adopt a minor is suitable to adopt.
A written report of the home study shall be filed with the court at least ten
days before the petition for adoption is heard. A person seeking to adopt a minor who knowingly makes a false statement that is included in the written report of a home study conducted pursuant to this section is guilty of the offense of falsification under section 2921.13 of the Revised Code, and such a home study shall not be filed with the court. If such a home study is filed with the court, the court may strike the home study from the court's records. The report shall contain the opinion of the assessor as to whether the person
who is the subject of the report is suitable to adopt a minor, any multiple children assessment required under section 3107.032 of the Revised Code, and other
information and
documents specified in rules adopted by the director
of job and family
services under
section 3107.032 3107.033 of the Revised Code. The assessor shall not consider the
person's age when determining whether the person is suitable to adopt if the
person is old enough to adopt as provided by section 3107.03 of the Revised
Code. An assessor may request departments or agencies
within or outside this state to assist in the home study as may be appropriate
and to make a written report to be included with and attached to the report to
the court. The assessor shall make similar home studies and reports on
behalf of other assessors designated by the courts of this state or another
place. Upon order of the court, the costs of the home study and other proceedings
shall be paid by the person seeking to adopt, and, if the home study is
conducted by a public agency or public employee, the part of the cost
representing any services and expenses shall be taxed as costs and paid into
the state treasury or county treasury, as the court may direct. On request, the assessor shall provide the person seeking to adopt a copy of
the report of the home study. The assessor shall delete from that copy any
provisions concerning the opinion of other persons, excluding the assessor, of
the person's suitability to adopt a minor. This section does not apply to a foster caregiver seeking to adopt the
foster caregiver's foster child if the foster child has resided in the foster
caregiver's home for at least twelve months prior to the date the foster
caregiver submits an application prescribed under division (B) of
section 3107.012 of the Revised Code to the agency arranging the adoption. Sec. 3107.032. (A) Except as provided in division (C) of this section, each time a person seeking to adopt a minor or foster child will have at least five children residing in the prospective adoptive home after the minor or foster child to be adopted is placed in the home, an assessor, on behalf of an agency or attorney arranging an adoption pursuant to sections 3107.011 or 3107.012 of the Revised Code, shall complete a multiple children assessment during the home study. The multiple children assessment shall evaluate the ability of the person seeking to adopt in meeting the needs of the minor or foster child to be adopted and continuing to meet the needs of the children residing in the home. The assessor shall include the multiple children assessment in the written report of the home study filed pursuant to section 3107.031 of the Revised Code.
(B) The director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code necessary for an assessor to complete a multiple children assessment.
(C) This section does not apply to an adoption by a stepparent whose spouse is a biological or adoptive parent of the minor to be adopted.
Sec. 3107.032 3107.033. Not later than ninety days after June 20,
1996 January 1, 2008, the
director of job and family services shall adopt
rules in
accordance with Chapter 119. of the
Revised Code specifying the
both of the following: (A) The manner in which a home study
is to be conducted and the
information and documents to be included in
a home study report, which shall include, pursuant to section 3107.034 of the Revised Code, a summary report of a search of the uniform statewide automated child welfare information system established in section 5101.13 of the Revised Code; (B) A procedure under which a person whose application for adoption has been denied as a result of a search of the uniform statewide automated child welfare information system established in section 5101.13 of the Revised Code as part of the home study may appeal the denial to the agency that employed the assessor who filed the report.
Sec. 3107.034. (A) The summary report of a search of the uniform statewide automated child welfare information system established in section 5101.13 of the Revised Code that is required under section 3107.033 of the Revised Code shall contain, if applicable, a chronological list of abuse and neglect determinations or allegations of which the person seeking to adopt is subject and in regards to which a public children services agency has done one of the following: (1) Determined that abuse or neglect occurred;
(2) Initiated an investigation, and the investigation is ongoing;
(3) Initiated an investigation and the agency was unable to determine whether abuse or neglect occurred.
(B) The summary report required under section 3107.033 of the Revised Code shall not contain any of the following:
(1) An abuse and neglect determination of which the person seeking to adopt is subject and in regards to which a public children services agency determined that abuse or neglect did not occur;
(2) Information or reports the dissemination of which is prohibited by, or interferes with eligibility under, the "Child Abuse Prevention and Treatment Act," 88 Stat. 4 (1974), 42 U.S.C. 5101 et seq., as amended; (3)
The name of the person who or entity that made, or participated in the making of, the report of abuse or neglect.
(C)(1) An application for adoption may be denied based on a summary report containing the information described under division (A)(1) of this section, when considered within the totality of the circumstances. An application that is denied may be appealed using the procedure adopted pursuant to division (B) of section 3107.033 of the Revised Code.
(2) An application for adoption shall not be denied solely based on a summary report containing the information described under division (A)(2) or (3) of this section.
Sec. 3107.10 3107.055. (A) Notwithstanding section 3107.01 of the
Revised Code, as used in this section,
"agency" does not
include a
public children services agency. (B) An agency or attorney, whichever arranges a minor's
adoption,
shall file with the court a
preliminary estimate
accounting not later than the time
the adoption petition for the
minor is filed with the court. The agency or
attorney, whichever
arranges the adoption, also shall file a
final accounting with the
court before a final decree
of adoption is issued or an
interlocutory order of adoption is finalized for
the minor. The
agency or attorney shall complete and file
accountings in a manner
acceptable to the court. An accounting shall specify all disbursements of anything of
value
the petitioner, a person on the petitioner's behalf, and the
agency or
attorney made and has agreed to make in connection with
the
minor's permanent surrender under division (B) of section
5103.15
of the Revised Code, placement under
section 5103.16 of
the Revised Code, and adoption under
this chapter. The agency or
attorney shall
include in an accounting an itemization of each
expense listed in division
(C) of this section. The itemization
of the expenses specified in
divisions (C)(3) and (4) of this
section shall show the amount the
agency or attorney charged or is
going to
charge for the services and the actual cost to the agency
or
attorney of providing the services. An accounting shall
indicate whether any expenses listed in division (C) of
this
section do not apply to the adoption proceeding for which
the
accounting is filed. The agency or attorney shall include with a preliminary
estimate accounting
and a final accounting a written statement
signed by the petitioner that the
petitioner has reviewed
the
accounting and attests to its accuracy. (C) No petitioner, person acting on a
petitioner's behalf,
or agency or attorney shall
make or agree to make any
disbursements in
connection with the minor's permanent surrender,
placement, or adoption other than for the following: (1) Physician expenses incurred on behalf of the birth
mother or minor
in connection with prenatal care, delivery, and
confinement prior to or following the minor's birth; (2) Hospital or other medical facility expenses incurred on
behalf
of the birth mother or minor in connection with the minor's
birth; (3) Expenses charged by the attorney arranging the adoption
for providing
legal services in connection with the placement and
adoption,
including expenses incurred by the attorney pursuant to
sections 3107.031, 3107.032,
3107.081, 3107.082, 3107.09, 3107.101, and 3107.12 of the
Revised Code; (4) Expenses charged by the agency arranging the adoption
for providing
services in connection with the permanent surrender
and adoption, including
the agency's application fee and the
expenses incurred by the agency pursuant
to sections 3107.031, 3107.032,
3107.09, 3107.101, 3107.12, 5103.151, and 5103.152 of the
Revised Code; (5) Temporary costs of routine maintenance and medical
care
for a minor required under section 5103.16 of the Revised Code if
the
person seeking to adopt the minor refuses to accept
placement
of the minor; (6) Guardian ad litem fees incurred on behalf of the
minor
in any court proceedings; (7) Foster care expenses incurred in connection with
any
temporary care and maintenance of the minor; (8) Court expenses incurred in connection with the
minor's
permanent surrender, placement, and adoption. (D) If a court determines from an accounting that an amount
that
is going to be disbursed for an expense listed in division
(C) of this section
is unreasonable, the court may order a
reduction in the amount to be
disbursed. If a court determines
from an accounting that an unreasonable
amount was disbursed for
an expense
listed in division (C) of this section, the court may
order the
person who received the disbursement to refund to the
person who made the
disbursement an amount the court orders. If a court determines from an accounting that a disbursement
for an expense
not permitted by division (C) of this section is
going to be made,
the court may issue an injunction prohibiting
the disbursement. If
a court determines from an accounting that a
disbursement for an expense not permitted by division (C)
of this
section was made, the court may order the person who received the
disbursement to return it to the person who made the disbursement. If a court determines that a final
accounting does not
completely report all the disbursements that
are going to be made
or have been made in connection with the
minor's permanent
surrender, placement, and adoption, the court shall
order the
agency or attorney to file with the
court an accounting that
completely reports all such disbursements. The agency or attorney shall file the final accounting with
the court not later than ten days prior to the date scheduled for
the final
hearing on the adoption. The court may not issue a
final
decree of adoption
or finalize an interlocutory order of
adoption of a minor until at least ten
days after the agency or
attorney files the final accounting. (E) This section does not apply to an adoption by a
stepparent whose spouse is a biological or adoptive parent of the
minor.
Sec. 3107.10. (A)(1) A public children services agency arranging an adoption in a county other than the county where that public children services agency is located, private child placing agency, or private noncustodial agency, or an attorney arranging an adoption, shall notify the public children services agency in the county in which the prospective adoptive parent resides within ten days after initiation of a home study required under section 3107.031 of the Revised Code.
(2) After a public children services agency has received notification pursuant to division (A)(1) of this section, both the public children services agency arranging an adoption in a county other than the county where that public children services agency is located, private child placing agency, private noncustodial agency, or attorney arranging an adoption, and the public children services agency shall share relevant information regarding the prospective adoptive parent as soon as possible after initiation of the home study.
(B) A public children services agency arranging an adoption in a county other than the county where that public children services agency is located, private child placing agency, or private noncustodial agency, or an attorney arranging an adoption, shall notify the public children services agency in the county in which the prospective adoptive parent resides of an impending adoptive placement not later than ten days prior to that placement. Notification shall include a description of the special needs and the age of the prospective adoptive child and the name of the prospective adoptive parent and number of children that will be residing in the prospective adoptive home when the prospective adoptive child is placed in the prospective adoptive home.
(C) An agency or attorney sharing relevant information pursuant to this section is immune from liability in a civil action to recover damages for injury, death, or loss to person or property allegedly caused by any act or omission in connection with sharing relevant information unless the acts or omissions are with malicious purpose, in bad faith, or in a wanton or reckless manner.
(D) The director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code necessary for the implementation and execution of this section, including, but not limited to, a definition of "relevant information" for the purposes of division (A) of this section.
(E) This section does not apply to an adoption by a stepparent whose spouse is a biological or adoptive parent of the minor to be adopted.
Sec. 3107.101. (A) Not later than seven days after a minor to be adopted is placed in a prospective adoptive home pursuant to section 5103.16 of the Revised Code, the assessor providing placement or post placement services in the prospective adoptive home shall conduct a prospective adoptive home visit in that home, every thirty days, until the court issues a final decree of adoption. During the prospective adoptive home visits, the assessor shall evaluate the progression of the placement in the prospective adoptive home. The assessor shall include the evaluation in the prefinalization assessment required under section 3107.12 of the Revised Code.
(B) During the prospective home visit required under division (A) of this section, the assessor shall make face-to-face contact with the prospective adoptive parent and the minor to be adopted. The assessor shall make contact, as prescribed by rule under division (C) of this section, with all other children or adults residing in the prospective adoptive home.
(C) The director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code necessary for the implementation and execution of this section.
(D) This section does not apply to an adoption by a stepparent whose spouse is a biological or adoptive parent of the minor to be adopted.
Sec. 3107.12. (A) Except as provided in division
(B) of
this section, an assessor shall conduct a prefinalization
assessment of
a minor and petitioner before a
court issues a final
decree of adoption or finalizes an interlocutory order of
adoption
for the minor. On completion of the assessment, the assessor
shall
prepare a written report of the assessment and provide a
copy of the report to
the court before which
the adoption petition
is pending. The report of a prefinalization assessment shall include all
of the
following: (1) The adjustment of the minor and the petitioner
to the
adoptive placement; (2) The present and anticipated needs of the minor and the
petitioner, as determined by a review of the minor's medical and
social
history, for adoption-related services, including
assistance under
Title IV-E of the "Social Security Act," 94 Stat.
501 (1980), 42 U.S.C.A. 670,
as amended, or section 5153.163 of
the Revised Code
and counseling, case management services, crisis
services, diagnostic
services, and therapeutic counseling. (3) The physical, mental, and
developmental condition of the
minor; (4) If known, the minor's biological
family background,
including identifying information about the biological or
other
legal parents; (5) The reasons for the minor's
placement with the
petitioner, the petitioner's attitude toward the proposed
adoption, and the circumstances under which the minor was placed
in the home
of the petitioner; (6) The attitude of the minor toward
the proposed adoption,
if the minor's age makes this feasible; (7) If the minor is an Indian child, as defined in 25
U.S.C.A. 1903(4), how the placement complies with the "Indian
Child
Welfare Act of 1978," 92 Stat. 3069, 25 U.S.C.A. 1901, as
amended; (8) If known, the minor's psychological background, including
prior abuse of the child and behavioral problems of the child; (9) If applicable, the documents or forms required under sections 3107.032, 3107.10, and 3107.101 of the Revised Code. The assessor shall file the prefinalization report with the
court not later
than twenty days prior to the date scheduled for
the final hearing on the
adoption unless the court determines
there is good cause for filing the report
at a later date. The assessor shall provide a copy of the written report of
the assessment to the petitioner with the identifying information
about the biological or other legal parents redacted. (B) This section does not apply if the petitioner
is the
minor's stepparent, unless a court, after determining a
prefinalization assessment is in the best interest of the minor,
orders that an assessor conduct a prefinalization assessment.
(C) The director of job and
family services shall adopt
rules in accordance
with
Chapter 119. of the Revised Code defining
"counseling," "case management
services," "crisis services,"
"diagnostic services," and "therapeutic
counseling" for the
purpose of this section.
Sec. 3107.14. (A) The petitioner and the person sought to
be adopted shall appear at the hearing on the petition, unless
the presence of either is excused by the court for good cause
shown.
(B) The court may continue the hearing from time to time
to permit further observation, investigation, or consideration of
any facts or circumstances affecting the granting of the
petition, and may examine the petitioners separate and apart from
each other. (C) If, at the conclusion of the hearing, the court finds
that the required consents have been obtained or excused and that
the adoption is in the best interest of the person sought to be
adopted as supported by the evidence, it may issue, subject to division
(C)(1) of section 2151.86,
section 3107.064, and division (E) of section 3107.09 of the Revised
Code, and any
other limitations specified in this chapter, a final decree of adoption or an
interlocutory
order of adoption, which by its own terms automatically becomes a
final decree of adoption on a date specified in the order, which,
except as provided in division (B) of section 3107.13
of the Revised Code,
shall not be less than six months or more than one year from the
date of issuance of the order, unless sooner vacated by the court
for good cause shown. In determining whether the adoption is in the best
interest of the person sought to be adopted, the court shall not consider the
age of the petitioner if the petitioner is old enough to adopt as provided by
section 3107.03 of the Revised Code. In an interlocutory order of adoption, the court shall
provide for observation, investigation, and a further report on
the adoptive home during the interlocutory period. (D) If the requirements for a decree under division (C) of
this section have not been satisfied or the court vacates an
interlocutory order of adoption, or if the court finds that a
person sought to be adopted was placed in the home of the
petitioner in violation of law, the court shall dismiss the
petition and may determine the agency or person to have temporary
or permanent custody of the person, which may include the agency
or person that had custody prior to the filing of the petition or
the petitioner, if the court finds it is in the best interest of
the person as supported by the evidence, or if the person is a minor,
the court may certify the case to the juvenile court of the county where the
minor is then residing for appropriate action and disposition. (E) The issuance of a final decree or interlocutory order of adoption for an adult adoption under division (A)(4) of section 3107.02 of the Revised Code shall not disqualify that adult for services under section 2151.82 or 2151.83 of the Revised Code.
Sec. 3107.17. (A) All hearings held under sections
3107.01
to 3107.19 of the Revised Code shall be held in closed
court
without the admittance of any person other than essential
officers
of the court, the parties, the witnesses of the parties,
counsel,
persons who have not previously consented to an adoption
but who
are required to consent, and representatives of the
agencies
present to perform their official duties. (B)(1) Except as provided in divisions (B)(2) and (D)
of
this section and sections 3107.39 to 3107.44 and 3107.60 to
3107.68 of
the Revised Code, no person or governmental entity
shall knowingly reveal any
information contained
in a paper, book,
or record pertaining to a placement under section 5103.16 of
the
Revised Code or to an adoption that is part of the
permanent
record of a court or maintained by the department of job and
family services,
an agency, or attorney without the consent of a
court. (2) An agency or attorney may examine the agency's or
attorney's
own papers, books, and records pertaining to a
placement or an adoption without a
court's consent for official
administrative purposes. The department of job and family
services may
examine its own
papers, books, and records pertaining
to a placement or an adoption, or such
papers, books, and records of
an agency, without a court's consent for
official administrative,
certification, and eligibility determination
purposes. (C) The petition, the interlocutory order, the final
decree
of adoption, and other adoption proceedings shall be
recorded in a
book kept for such purposes and shall be separately
indexed. The
book shall be a part of the records of the court,
and all
consents, affidavits, and other papers shall be
properly filed. (D) All forms that pertain to the social or medical
histories of the biological parents of an adopted person and that
were completed pursuant to section
3107.09 or 3107.091 of the
Revised Code shall be filed only in the
permanent record kept by
the court. During the minority of the
adopted person, only the
adoptive parents of the person may
inspect the forms. When an
adopted person reaches majority, only
the adopted person may
inspect the forms. Under the
circumstances described in
this
division, an adopted person or the adoptive parents are
entitled
to inspect the forms upon requesting the clerk of the
court to
produce them. (E)(1) The department of job and family services shall
prescribe a
form that permits any person who is authorized by
division (D) of
this section to inspect forms that pertain to the
social or
medical histories of the biological parents and that
were
completed pursuant to section
3107.09 or 3107.091 of the
Revised Code to request notice if any correction or
expansion of
either such history, made pursuant
to division (D) of section
3107.09 of the
Revised Code, is made a part of the permanent
record kept by the court. The
form shall be designed to
facilitate the provision of the information and
statements
described in division (E)(3) of this section. The department
shall
provide copies of the form to each court. A
court shall
provide a copy of the request form to each adoptive parent when a
final decree of adoption is entered and shall explain to each
adoptive parent
at that time that an adoptive parent who completes
and
files the form will be notified of
any correction or expansion
of either the social or medical
history of the biological parents
of the adopted person made
during the minority of the adopted
person that is made a part of
the permanent record kept by the
court, and that, during the
adopted person's minority, the adopted
person may inspect the
forms that pertain
to those histories.
Upon request, the court also shall provide a
copy of the request
form to any adoptive parent during the
minority of the adopted
person and to an adopted person who has
reached the age of
majority. (2) Any person who is authorized to inspect forms pursuant
to division (D) of this section who wishes to be notified of
corrections or expansions pursuant to division (D) of section
3107.09 of the Revised Code that are made a part of
the permanent
record kept by the court shall file with the court, on a copy of
the form prescribed by the department of job and family services
pursuant
to division (E)(1) of this section, a request for such
notification that contains the information and statements
required
by division (E)(3) of this section. A request may be
filed at any
time if the person who files the request is
authorized at that
time to inspect forms that pertain to the
social or medical
histories. (3) A request for notification as described in division
(E)(2) of this section shall contain all of the following
information: (a) The adopted person's name and mailing address at that
time; (b) The name of each adoptive parent, and if the adoptive
person is a minor at the time of the filing of the request, the
mailing address of each adoptive parent at that time; (c) The adopted person's date of birth; (d) The date of entry of the final decree of adoption; (e) A statement requesting the court to notify the person
who files the request, at the address provided in the request, if
any correction or expansion of either the social or medical
history of the biological parents is made a part of the permanent
record kept by the court; (f) A statement that the person who files the request is
authorized, at the time of the filing, to inspect the forms that
pertain to the social and medical histories of the biological
parents; (g) The signature of the person who files the request. (4) Upon the filing of a request for notification in
accordance with division (E)(2) of this section, the clerk of the
court in which it is filed immediately shall insert the request
in
the permanent record of the case. A person who has filed the
request and who wishes to update it with respect to a new mailing
address may inform the court in writing of the new address. Upon
its receipt, the court promptly shall insert the new address into
the permanent record by attaching it to the request. Thereafter,
any notification described in this division shall be sent to the
new address. (5) Whenever a social or medical history of a biological
parent is corrected or expanded and the correction or expansion
is
made a part of the permanent record kept by the court, the
court
shall ascertain whether a request for notification has been
filed
in accordance with division (E)(2) of this section. If
such a
request has been filed, the court shall determine whether,
at that
time, the person who filed the request is authorized,
under
division (D) of this section, to inspect the forms that
pertain to
the social or medical history of the biological
parents. If the
court determines that the person who filed the
request is so
authorized, it immediately shall notify the person
that the social
or medical history has been corrected or
expanded, that it has
been made a part of the permanent record
kept by the court, and
that the forms that pertain to the records
may be inspected in
accordance with division (D) of this section.
Sec. 3107.66. (A) As used in this section, "adopted person,"
"adoptive parent," "birth parent," and "birth sibling" have the same meanings
as in section 3107.45 of the Revised Code: (1) "Adopted person" includes both an "adopted person" as defined in section 3107.39 of the Revised Code and an "adopted person" as defined in section 3107.45 of the Revised Code.
(2) "Adoptive parent" means a person who adopted an adopted person.
(3) "Birth parent" means the biological parent of an adopted person.
(4) "Birth sibling" means a biological sibling of an adopted person. (B) An adopted person age eighteen or older, an adoptive
parent of an adopted person under age eighteen, or an adoptive family member
of a deceased adopted person may submit a written request to the agency or
attorney who arranged
the adopted person's adoption, or the probate court that finalized the adopted
person's adoption, for the agency, attorney, or court to
provide the adopted
person, adoptive parent, or adoptive family member information about the
adopted person's birth parent
or birth sibling contained in the agency's, attorney's, or
court's adoption records that
is nonidentifying information. Except as provided in division (C)
of this section, the agency, attorney, or court shall provide the
adopted person, adoptive parent, or adoptive family member
the information sought within a reasonable
amount of time. The agency, attorney, or court may charge a
reasonable fee for providing the information. A birth parent of an adopted person, a birth sibling age eighteen or
older, or a birth family member of a deceased birth parent may submit a
written request
to the agency or attorney who arranged the adopted person's
adoption, or the probate court that finalized the adoption, for
the agency, attorney, or court to provide the birth parent,
birth sibling, or birth family member information
about the adopted person or adoptive parent contained in the agency's,
attorney's, or court's adoption records
that is nonidentifying information. Except as provided in division
(C) of this section, the agency, attorney, or court
shall provide the
birth parent, birth sibling, or birth family member the information sought
within a reasonable amount of time. The agency, attorney, or
court may charge a reasonable fee for providing the information. (C) An agency or attorney that has permanently ceased to arrange
adoptions is not subject to division (B) of this section. If
the adoption records of such an agency or attorney are held by a
probate court, person, or other governmental entity pursuant to
section 3107.67 of the Revised Code, the adopted person,
adoptive parent, adoptive family member, birth parent, birth sibling, or birth
family member may submit the
written request that otherwise would be submitted to the agency or attorney
under division (B) of this section to the
court, person, or other governmental entity that holds the
records. On receipt of the request, the court, person, or other governmental
entity shall provide the information that the agency or attorney would have
been required to provide within a reasonable amount of
time. The court, person, or other governmental entity may charge a reasonable
fee for providing the information. (D) Prior to providing nonidentifying information pursuant to
division (B) or (C) of this section, the person or
governmental entity providing the information shall review the record to
ensure that all identifying information about any person contained in the
record is deleted.
Sec. 3109.16. The children's trust fund board, upon the
recommendation of the director of job and family services,
shall
approve
the employment of
an executive director
who will administer the programs of
the board. The department of
job and family services
shall provide
budgetary, procurement,
accounting, and other related management
functions for the board and may adopt rules in accordance with Chapter 119. of the Revised Code for these purposes.
An amount not to exceed three per
cent of the total amount of fees
deposited in the children's trust
fund in each fiscal year may be
used for costs directly related
to these administrative functions
of the department. Each fiscal year,
the board shall approve a
budget for administrative
expenditures for the next fiscal year. The board shall meet
at least quarterly at the call of the
chairperson to
conduct
its official business. All business
transactions of the board
shall be conducted in public meetings.
Eight members
of the board constitute a quorum. A majority of the
board members is required
to
adopt the state plan
for
the
allocation of funds from the children's trust fund.
A
majority of the quorum is required to make all other decisions of
the board. The board may apply for and accept federal and other funds
for the
purpose of funding child abuse and child neglect
prevention
programs. In addition, the
board may accept gifts and
donations from any source,
including individuals,
philanthropic
foundations or organizations, corporations, or corporation
endowments. The
acceptance and use of federal
funds shall not
entail any commitment or pledge of state funds,
nor obligate the
general assembly to continue the programs or
activities for which
the federal funds are made available. All
funds received in the
manner described in this section shall be
transmitted to the
treasurer of state, who shall credit them to
the children's trust
fund created in section 3109.14 of the
Revised Code.
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 rules adopted by the department pursuant to 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 local
allocation
plans,
including criteria for determining the plans'
effectiveness; (4) Review, and approve or disapprove, county or district 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. 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
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 semiannual 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. 3313.64. (A) As used in this section and in section
3313.65 of the Revised Code: (1)(a) Except as provided in division (A)(1)(b) of this section, "parent" means either parent, unless the parents are
separated or divorced or their marriage has been dissolved or
annulled, in which case
"parent" means the parent who is the
residential parent and legal custodian of the child. When a
child
is in the legal custody of a government agency or a person
other
than the child's natural or adoptive parent,
"parent" means
the
parent with residual parental rights, privileges, and
responsibilities. When a child is in the permanent custody of a
government agency or a person other than the child's natural or
adoptive parent,
"parent" means the parent who was divested of
parental
rights and responsibilities for the care of the child and
the
right to have the child live with the parent and be the legal
custodian
of the child and all residual parental rights,
privileges, and
responsibilities. (b) When a child is the subject of a power of attorney
executed under sections 3109.51 to 3109.62 of the Revised Code,
"parent" means the grandparent designated as attorney in fact under the power of attorney.
When a child is the subject of a caretaker authorization affidavit
executed under sections 3109.64 to 3109.73 of the Revised Code,
"parent" means the grandparent that executed the affidavit. (2)
"Legal custody,"
"permanent custody," and
"residual
parental rights, privileges, and responsibilities" have the same
meanings as in section 2151.011 of the Revised Code. (3)
"School district" or
"district" means a city, local,
or
exempted village school district and excludes any school
operated
in an institution maintained by the department of youth
services. (4) Except as used in division (C)(2) of this section,
"home" means a home, institution, foster home, group home,
or
other residential facility in this state that receives and
cares
for children, to which any of the following applies: (a) The home is licensed, certified, or approved for such
purpose by the state or is maintained by the department of youth
services. (b) The home is operated by a person who is licensed,
certified, or approved by the state to operate the home for such
purpose. (c) The home accepted the child through a placement by a
person licensed, certified, or approved to place a child in such
a
home by the state. (d) The home is a children's home created under section
5153.21 or 5153.36 of the Revised Code. (5)
"Agency" means all of the following: (a) A public children services agency; (b) An organization that holds a certificate issued by the
Ohio department of job and family services in accordance
with the
requirements of section 5103.03 of the Revised Code and assumes
temporary or permanent custody of children through commitment,
agreement, or surrender, and places children in family homes for
the purpose of adoption; (c) Comparable agencies of other states or countries that
have complied with applicable requirements of section 2151.39, or
sections 5103.20 to 5103.28 5103.22 of the Revised Code. (6) A child is placed for adoption if either of the
following occurs: (a) An agency to which the child has been permanently
committed or surrendered enters into an agreement with a person
pursuant to section 5103.16 of the Revised Code for
the care and
adoption of the child. (b) The child's natural parent places the child pursuant
to
section 5103.16 of the Revised Code with a person who will
care
for and adopt the child. (7)
"Handicapped preschool child" means a handicapped
child,
as defined by division (A) of section 3323.01 of the
Revised Code,
who is at least three years of age but is not of
compulsory school
age, as defined in section 3321.01 of the
Revised Code, and who is
not currently enrolled in kindergarten. (8)
"Child," unless otherwise indicated, includes
handicapped
preschool children. (9) "Active duty" means active duty pursuant to an executive order of the president of the United States, an act of the congress of the United States, or section 5919.29 or 5923.21 of the Revised Code. (B) Except as otherwise provided in section 3321.01 of the
Revised Code for admittance to kindergarten and first grade, a
child who is at least five but under twenty-two years of age and
any handicapped preschool child shall be admitted to school as
provided in this division. (1) A child shall be admitted to the schools of the school
district in which the child's parent resides. (2) A child who does not reside in the district where
the
child's parent resides shall be admitted to the schools of the
district
in which the child resides if any of the following
applies: (a) The child is in the legal or permanent custody of a
government agency or a person other than the child's natural
or
adoptive
parent. (b) The child resides in a home. (c) The child requires special education. (3) A child who is not entitled under division (B)(2) of
this section to be admitted to the schools of the district where
the child resides and who is residing with a resident of this
state with
whom the child has been placed for adoption shall be
admitted
to the
schools of the district where the child resides
unless either of
the following applies: (a) The placement for adoption has been terminated. (b) Another school district is required to admit the child
under division (B)(1) of this section. Division (B) of this section does not prohibit the board of
education of a school district from placing a handicapped child
who resides in the district in a special education program
outside
of the district or its schools in compliance with Chapter
3323. of
the Revised Code. (C) A district shall not charge tuition for children
admitted under division (B)(1) or (3) of this section. If the
district admits a child under division (B)(2) of this section,
tuition shall be paid to the district that admits the child as
follows: (1) If the child receives special education in accordance
with Chapter 3323. of the Revised Code, the school district of residence, as defined in section 3323.01 of the Revised Code, shall pay tuition for the child in
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141
of
the Revised Code regardless of who has custody of the child or
whether the child resides in a home. (2) For a child that does not receive special education in accordance with Chapter 3323. of the Revised Code, except as otherwise provided in division (C)(2)(d) of
this section, if the child is in the permanent or legal custody
of
a government agency or person other than the child's parent,
tuition shall be paid by: (a) The district in which the child's parent resided at
the
time the court removed the child from home or at the time
the
court vested legal or permanent custody of the child in the
person
or government agency, whichever occurred first; (b) If the parent's residence at the time the court
removed
the child from home or placed the child in the
legal or permanent
custody of the person or government agency is unknown,
tuition
shall be paid by the district in which the child resided
at the
time the child was removed from home or placed in
legal or
permanent custody, whichever occurred first; (c) If a school district cannot be established under
division (C)(2)(a) or (b) of this section, tuition shall be paid
by the district determined as required by section 2151.357 of the
Revised Code by the court at the time it vests custody of the
child in the person or government agency; (d) If at the time the court removed the child from
home or
vested legal or permanent custody of the child in the
person or
government agency, whichever occurred first, one parent
was in a
residential or correctional facility or a juvenile
residential
placement and the other parent, if living and not in
such a
facility or placement, was not known to reside in this
state,
tuition shall be paid by the district determined under
division
(D) of section 3313.65 of the Revised Code as the
district
required to pay any tuition while the parent was in such
facility
or placement; (e) If the court has modified its order as to which district is responsible to bear the cost of educating the child pursuant to division (A)(2) of section 2151.357 of the Revised Code, the district determined to be responsible for that cost in the order so modified. (3) If the child is not in the permanent or legal custody
of
a government agency or person other than the child's
parent and
the child
resides in a home, tuition shall be paid by one of the
following: (a) The school district in which the child's parent
resides; (b) If the child's parent is not a resident of this state,
the home in which the child resides. (D) Tuition required to be paid under divisions (C)(2) and
(3)(a) of this section shall be computed in accordance with
section 3317.08 of the Revised Code. Tuition required to be paid
under division (C)(3)(b) of this section shall be computed in
accordance with section 3317.081 of the Revised Code. If a home
fails to pay the tuition required by division (C)(3)(b) of this
section, the board of education providing the education may
recover in a civil action the tuition and the expenses incurred
in
prosecuting the action, including court costs and reasonable
attorney's fees. If the prosecuting attorney or city director of
law represents the board in such action, costs and reasonable
attorney's fees awarded by the court, based upon the prosecuting
attorney's, director's, or one of their designee's time
spent
preparing
and presenting the case, shall be deposited in the
county or city
general fund. (E) A board of education may enroll a child free of any
tuition obligation for a period not to exceed sixty days, on the
sworn statement of an adult resident of the district that the
resident has
initiated legal proceedings for custody of the child. (F) In the case of any individual entitled to attend
school
under this division, no tuition shall be charged by the
school
district of attendance and no other school district shall
be
required to pay tuition for the individual's attendance.
Notwithstanding division (B), (C), or (E) of this section: (1) All persons at least eighteen but under twenty-two
years
of age who live apart from their parents, support
themselves by
their own labor, and have not successfully
completed the high
school curriculum or the individualized
education program
developed for the person by the high school
pursuant to section
3323.08 of the Revised Code, are entitled to
attend school in the
district in which they reside. (2) Any child under eighteen years of age who is married
is
entitled to attend school in the child's district of
residence. (3) A child is entitled to attend school in the district
in
which either of the child's parents is employed if the
child has a
medical condition that may require emergency medical attention.
The parent of
a child entitled to attend school under division
(F)(3) of this section shall submit to the board of education of
the district in which the parent is employed a statement from the
child's physician certifying that the child's medical condition
may require emergency medical attention. The statement shall be
supported by such other evidence as the board may require. (4) Any child residing with a person other than the child's
parent
is entitled, for a period not to exceed twelve months, to
attend
school in the district in which that person resides if the
child's parent files an affidavit with the superintendent of the
district in which the person with whom the child is living
resides
stating all of the following: (a) That the parent is serving outside of the state in the
armed services of the United States; (b) That the parent intends to reside in the district upon
returning to this state; (c) The name and address of the person with whom the child
is living while the parent is outside the state. (5) Any child under the age of twenty-two years who, after
the
death of a parent, resides in a school district other than the
district in which the child attended school at the time of the
parent's death is entitled to continue to attend school in the
district in which the child attended school at the time of the
parent's death for the remainder of the school year, subject to
approval of that district board. (6) A child under the age of twenty-two years who resides
with a parent who is having a new house built in a school
district
outside the district where the parent is residing is
entitled to
attend school for a period of time in the district
where the new
house is being built. In order to be entitled to
such attendance,
the parent shall provide the district
superintendent with the
following: (a) A sworn statement explaining the situation, revealing
the location of the house being built, and stating the parent's
intention to reside there upon its completion; (b) A statement from the builder confirming that a new
house
is being built for the parent and that the house is at the
location indicated in the parent's statement. (7) A child under the age of twenty-two years residing with
a
parent who has a contract to purchase a house in a school
district outside the district where the parent is residing and
who
is waiting upon the date of closing of the mortgage loan for
the
purchase of such house is entitled to attend school for a
period
of time in the district where the house is being
purchased. In
order to be entitled to such attendance, the
parent shall provide
the district superintendent with the
following: (a) A sworn statement explaining the situation, revealing
the location of the house being purchased, and stating the
parent's intent to reside there; (b) A statement from a real estate broker or bank officer
confirming that the parent has a contract to purchase the house,
that the parent is waiting upon the date of closing of the
mortgage loan, and that the house is at the location indicated in
the parent's statement. The district superintendent shall establish a period of
time
not to exceed ninety days during which the child entitled to
attend school under division (F)(6) or (7) of this section may
attend without tuition obligation. A student attending a school
under division (F)(6) or (7) of this section shall be eligible to
participate in interscholastic athletics under the auspices of
that school, provided the board of education of the school
district where the student's parent resides, by a formal action,
releases the student to participate in interscholastic athletics
at the school where the student is attending, and provided the
student receives any authorization required by a public agency or
private organization of which the school district is a member
exercising authority over interscholastic sports. (8) A child whose parent is a full-time employee of a
city,
local, or exempted village school district, or of an
educational
service center, may be admitted
to the schools of the district
where the child's parent is
employed, or in the case of a child
whose parent is employed by an
educational service center, in the
district that serves the location where
the parent's job is
primarily located,
provided the district board of education
establishes such an admission
policy by resolution adopted by a
majority of its members. Any
such policy shall take effect on the
first day of the school year
and the effective date of any
amendment or repeal may not be
prior to the first day of the
subsequent school year. The policy
shall be uniformly applied to
all such children and shall provide
for the admission of any such
child upon request of the parent. No child may
be admitted under
this policy after the first day of
classes of any school year. (9) A child who is with the child's parent under the care
of
a
shelter for victims of domestic violence, as defined in section
3113.33 of the Revised Code, is entitled to attend school free in
the district in which the child is with the child's parent,
and no
other school
district shall be required to pay tuition for the
child's
attendance in
that school district. The enrollment of a child in a school district under this
division shall not be denied due to a delay in the school
district's receipt of any records required under section 3313.672
of the Revised Code or any other records required for enrollment.
Any days of attendance and any credits earned by a child while
enrolled in a school district under this division shall be
transferred to and accepted by any school district in which the
child subsequently enrolls. The state board of education shall
adopt rules to ensure compliance with this division. (10) Any child under the age of twenty-two years whose
parent
has moved out of the school district after the commencement
of
classes in the child's senior year of high school is entitled,
subject to the approval of that district board, to attend school
in the district in which the child attended school at the
time of
the parental move for the remainder of the school year and
for one
additional semester or equivalent term. A district board may
also
adopt a policy specifying extenuating circumstances under
which a
student may continue to attend school under division
(F)(10) of
this section for an additional period of time in order
to
successfully complete the high school curriculum for the
individualized education program developed for the student by the
high school pursuant to section 3323.08 of the Revised Code. (11) As used in this division,
"grandparent" means a
parent
of a parent of a child. A child under the age of
twenty-two years
who is in the custody of the child's
parent, resides
with a
grandparent, and does not require special education is
entitled to
attend the schools of the district in which the
child's
grandparent resides, provided that, prior to such attendance in
any school year, the board of education of the school district in
which the child's grandparent resides and the board of
education
of the
school district in which the child's parent resides enter
into a written
agreement specifying that good cause exists for
such attendance,
describing the nature of this good cause, and
consenting to such
attendance. In lieu of a consent form signed by a parent, a board of
education may request the grandparent of a child attending school
in the district in which the grandparent resides pursuant to
division (F)(11) of this section to complete any consent form
required by the district, including any authorization required by
sections 3313.712, 3313.713, and 3313.716 of the Revised Code.
Upon
request, the grandparent shall complete any consent form
required
by the district. A school district shall not incur any
liability
solely because of its receipt of a consent form from a
grandparent in lieu of a parent. Division (F)(11) of this section does not
create, and shall
not be construed
as creating, a new cause of action or substantive
legal right
against a school district, a member of a board of
education, or
an employee of a school district. This section does
not affect,
and shall not be construed as affecting, any
immunities from
defenses to tort liability created or recognized
by Chapter 2744.
of the Revised Code for a school district,
member, or employee. (12) A child under the age of twenty-two years is
entitled
to attend school in a school district other than the district in
which the
child is entitled to attend school under division (B),
(C),
or (E) of this section
provided that, prior to such
attendance in any school year, both of the
following occur: (a) The superintendent of the district in which the child is
entitled to attend school under division (B),
(C), or (E)
of this
section contacts the superintendent of another district for
purposes
of
this division; (b) The superintendents of both districts enter into
a
written agreement that consents to the attendance and specifies
that the
purpose of such attendance is to
protect the student's
physical or mental well-being or to deal with other
extenuating
circumstances deemed appropriate by the superintendents. While an agreement is in effect under this division for a
student who is
not receiving special education under Chapter 3323.
of the Revised Code and
notwithstanding Chapter 3327. of the
Revised Code,
the board of education of neither school district
involved in the agreement is
required to provide transportation
for the student to and from the school
where the student attends. A student attending a school of a district pursuant to this
division
shall be allowed to participate in all student
activities, including
interscholastic athletics, at the school
where the student is attending on the
same basis as any student
who has always attended the schools of that district
while of
compulsory school age.
(13) All school districts shall comply with the
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et
seq., for the education of homeless children. Each city, local,
and exempted village school district shall comply with the
requirements of that act governing the provision of a free,
appropriate public education, including public preschool, to each
homeless child.
When a child loses permanent housing and becomes a homeless
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is
such a homeless person changes temporary living arrangements, the
child's parent or guardian shall have the option of enrolling the
child in either of the following: (a) The child's school of origin, as defined in 42 U.S.C.A.
11432(g)(3)(C); (b) The school that is operated by the school district in
which the shelter where the child currently resides is located and
that serves the geographic area in which the shelter is located. (14) A child under the age of twenty-two years who resides with a person other than the child's parent is entitled to attend school in the school district in which that person resides if both of the following apply: (a) That person has been appointed, through a military power of attorney executed under section 574(a) of the "National Defense Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10 U.S.C. 1044b, or through a comparable document necessary to complete a family care plan, as the parent's agent for the care, custody, and control of the child while the parent is on active duty as a member of the national guard or a reserve unit of the armed forces of the United States or because the parent is a member of the armed forces of the United States and is on a duty assignment away from the parent's residence. (b) The military power of attorney or comparable document includes at least the authority to enroll the child in school.
The entitlement to attend school in the district in which the parent's agent under the military power of attorney or comparable document resides applies until the end of the school year in which the military power of attorney or comparable document expires. (G) A board of education, after approving admission, may
waive tuition for students who will temporarily reside in the
district and who are either of the following: (1) Residents or domiciliaries of a foreign nation who
request admission as foreign exchange students; (2) Residents or domiciliaries of the United States but
not
of Ohio who request admission as participants in an exchange
program operated by a student exchange organization. (H) Pursuant to sections 3311.211, 3313.90, 3319.01,
3323.04, 3327.04, and 3327.06 of the Revised Code, a child may
attend school or participate in a special education program in a
school district other than in the district where the child is
entitled to attend school under division (B) of this section. (I)(1) Notwithstanding anything to the contrary in this section or section 3313.65 of the Revised Code, a child under twenty-two years of age may attend school in the school district in which the child, at the end of the first full week of October of the school year, was entitled to attend school as otherwise provided under this section or section 3313.65 of the Revised Code, if at that time the child was enrolled in the schools of the district but since that time the child or the child's parent has relocated to a new address located outside of that school district and within the same county as the child's or parent's address immediately prior to the relocation. The child may continue to attend school in the district, and at the school to which the child was assigned at the end of the first full week of October of the current school year, for the balance of the school year. Division (I)(1) of this section applies only if both of the following conditions are satisfied: (a) The board of education of the school district in which the child was entitled to attend school at the end of the first full week in October and of the district to which the child or child's parent has relocated each has adopted a policy to enroll children described in division (I)(1) of this section. (b) The child's parent provides written notification of the relocation outside of the school district to the superintendent of each of the two school districts. (2) At the beginning of the school year following the school year in which the child or the child's parent relocated outside of the school district as described in division (I)(1) of this section, the child is not entitled to attend school in the school district under that division. (3) Any person or entity owing tuition to the school district on behalf of the child at the end of the first full week in October, as provided in division (C) of this section, shall continue to owe such tuition to the district for the child's attendance under division (I)(1) of this section for the lesser of the balance of the school year or the balance of the time that the child attends school in the district under division (I)(1) of this section. (4) A pupil who may attend school in the district under division (I)(1) of this section shall be entitled to transportation services pursuant to an agreement between the district and the district in which the child or child's parent has relocated unless the districts have not entered into such agreement, in which case the child shall be entitled to transportation services in the same manner as a pupil attending school in the district under interdistrict open enrollment as described in division (H) of section 3313.981 of the Revised Code, regardless of whether the district has adopted an open enrollment policy as described in division (B)(1)(b) or (c) of section 3313.98 of the Revised Code. (J) This division does not apply to a child receiving
special education. A school district required to pay tuition pursuant to
division (C)(2) or (3) of this section or section 3313.65 of the
Revised Code shall have an amount deducted under division
(F) of
section 3317.023 of the Revised Code equal to its own tuition
rate
for the same period of attendance. A school district
entitled to
receive tuition pursuant to division (C)(2) or (3) of
this section
or section 3313.65 of the Revised Code shall have an
amount
credited under division (F) of section 3317.023 of
the
Revised
Code equal to its own tuition rate for the same period of
attendance. If the tuition rate credited to the district of
attendance exceeds the rate deducted from the district required
to
pay tuition, the department of education shall pay the
district of
attendance the difference from amounts deducted from
all
districts' payments under division (F) of section
3317.023 of
the
Revised Code but not credited to other school districts under
such
division and from appropriations made for such purpose. The
treasurer of each school district shall, by the fifteenth day of
January and July, furnish the superintendent of public
instruction
a report of the names of each child who attended the
district's
schools under divisions (C)(2) and (3) of this section
or section
3313.65 of the Revised Code during the preceding six
calendar
months, the duration of the attendance of those
children, the
school district responsible for tuition on behalf
of the child,
and any other information that the superintendent
requires. Upon receipt of the report the superintendent, pursuant to
division (F) of section 3317.023 of the Revised Code, shall
deduct
each district's tuition obligations under divisions (C)(2)
and (3)
of this section or section 3313.65 of the Revised Code
and pay to
the district of attendance that amount plus any amount
required to
be paid by the state. (K) In the event of a disagreement, the superintendent of
public instruction shall determine the school district in which
the parent resides. (L) Nothing in this section requires or authorizes, or
shall
be construed to require or authorize, the admission to a
public
school in this state of a pupil who has been permanently
excluded
from public school attendance by the superintendent of
public
instruction pursuant to sections 3301.121 and 3313.662 of
the
Revised Code. (M) In accordance with division (B)(1) of this section, a child whose parent is a member of the national guard or a reserve unit of the armed forces of the United States and is called to active duty, or a child whose parent is a member of the armed forces of the United States and is ordered to a temporary duty assignment outside of the district, may continue to attend school in the district in which the child's parent lived before being called to active duty or ordered to a temporary duty assignment outside of the district, as long as the child's parent continues to be a resident of that district, and regardless of where the child lives as a result of the parent's active duty status or temporary duty assignment. However, the district is not responsible for providing transportation for the child if the child lives outside of the district as a result of the parent's active duty status or temporary duty assignment. Sec. 5101.13. (A) The department of job and family services shall establish and maintain a uniform statewide automated child welfare information system in accordance with the requirements of 42 U.S.C.A. 674(a)(3)(C) and related federal regulations and guidelines. The information system shall contain records regarding any of the following:
(1) Investigations of children and families, and children's care in out-of-home care, in accordance with sections 2151.421 and 5153.16 of the Revised Code;
(2) Care and treatment provided to children and families;
(3) Any other information related to children and families that state or federal law, regulation, or rule requires the department or a public children services agency to maintain. (B) The department shall plan implementation of the information system on a county by county basis and shall finalize statewide implementation not later than January 1, 2008.
(C) The department shall promptly notify all public children services agencies of the initiation and completion of statewide implementation of the statewide information system established under division (A) of this section. (D) "Out-of-home care" has the same meaning as in section 2151.011 of the Revised Code.
Sec. 5101.131. Except as provided in section 5101.132 of the Revised Code, information contained in or obtained from the information system established and maintained under section 5101.13 of the Revised Code is confidential and is not subject to disclosure pursuant to section 149.43 or 1347.08 of the Revised Code.
Sec. 5101.132. Information contained in the information system established and maintained under section 5101.13 of the Revised Code may be accessed only as follows:
(A) The department of job and family services and a public children services agency may access the information when either of the following is the case:
(1) The access is directly connected with assessment, investigation, or services regarding a child or family;
(2) The access is permitted by state or federal law, rule, or regulation.
(B) A person may access the information in a manner, to the extent, and for the purposes authorized by rules adopted by the department.
Sec. 5101.133. No person shall access or use information contained in the information system established and maintained under section 5101.13 of the Revised Code other than in accordance with section 5101.132 of the Revised Code or rules authorized by that section.
No person shall disclose information obtained from the information system established and maintained under section 5101.13 of the Revised Code in a manner not specified by rules authorized by section 5101.134 of the Revised Code.
Sec. 5101.134. (A) Notwithstanding any provision of the Revised Code that requires confidentiality of information that is contained in the uniform statewide automated child welfare information system established in section 5101.13 of the Revised Code, the department of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code regarding a private child placing agency's or private noncustodial agency's access, data entry, and use of information in the uniform statewide automated child welfare information system. (B)(1) The department of job and family services may adopt rules in accordance with section 111.15 of the Revised Code, as if they were internal management rules, as necessary to carry out the purposes of sections 5101.13 to 5101.133 of the Revised Code. (2) The department may adopt rules in accordance with Chapter 119. of the Revised Code as necessary to carry out the purposes of division (B) of section 5101.132 of the Revised Code.
(C) Public children services agencies shall implement and use the information system established pursuant to section 5101.13 of the Revised Code in accordance with rules adopted by the department.
Sec. 5101.141. (A) As used in sections 5101.141 to 5101.1410 of the Revised Code, "Title IV-E" means Title IV-E of the "Social Security Act," 94 Stat. 501, 42 U.S.C. 670 (1980), as amended. (B) The department of job and family
services
shall act as the single state agency to administer
federal
payments for foster care and adoption assistance made
pursuant to
Title IV-E. The director of job
and
family services shall adopt rules to implement this authority.
Rules governing financial and
administrative
requirements applicable to public children
services agencies and government entities that provide Title IV-E reimbursable placement services to children
shall be adopted in accordance with section
111.15 of the Revised
Code, as if they were internal management rules. Rules governing requirements applicable to private child placing agencies and private noncustodial agencies and rules establishing
eligibility, program participation, and
other requirements concerning Title IV-E shall
be adopted in accordance with Chapter
119. of the Revised Code. A public
children services agency to
which the department distributes
Title IV-E funds shall administer
the funds
in accordance with
those rules. (C)(1) The county, on behalf of each child eligible
for
foster care maintenance payments under Title IV-E, shall make payments to cover the cost of
providing
all of the following: (a) The child's food, clothing, shelter, daily
supervision,
and school supplies; (b) The child's personal incidentals; (c) Reasonable travel to the child's home for visitation. (2) In addition to payments made under division (C)(1) of
this
section, the county may, on behalf of each child eligible for
foster care maintenance payments under
Title
IV-E, make payments to cover
the cost of providing the
following: (a) Liability insurance with respect to the
child; (b) If the county is participating in the
demonstration
project established under division (A) of section
5101.142 of the
Revised Code, services provided under
the project. (3) With respect to a child who is in a child-care
institution, including any type of group home designed for the
care of children or any privately operated program consisting of
two or more certified foster homes operated by a common
administrative unit, the foster care maintenance payments made by
the county on behalf of the child shall include the reasonable
cost of the administration and operation of the institution,
group
home, or program, as necessary to provide the items
described in
divisions (C)(1) and (2) of this section. (D) To the extent that either foster care maintenance
payments under division (C) of this section or Title IV-E
adoption
assistance payments for maintenance costs require the
expenditure
of county funds, the board of county commissioners
shall report
the nature and amount of each expenditure of county
funds to the
department. (E) The department shall distribute to
public children
services agencies that
incur and report such expenditures federal
financial
participation received for administrative and training
costs
incurred in the operation of foster care maintenance and
adoption
assistance programs. The department may withhold not
more than
three per cent of the federal financial
participation
received.
The funds withheld may be used only to
fund the Ohio
child welfare
training program established under
section 5153.60 5103.30
of the Revised Code
and the university partnership
program for
college and university students majoring in social
work who have
committed to work for a public children services
agency upon
graduation. The
funds
withheld shall be in addition to
any
administration and
training cost for which the department is
reimbursed through its
own cost allocation plan. (F) All federal
financial participation funds received by a
county pursuant to
this section shall be deposited into the
county's children
services fund created pursuant to section
5101.144 of the Revised Code. (G) The department shall periodically
publish and distribute
the maximum amounts that the department
will reimburse public
children services agencies for making
payments on behalf of
children eligible for foster care maintenance payments. (H) The department, by and through its director, is hereby
authorized to develop, participate in the development of,
negotiate, and enter
into one or more interstate compacts on
behalf of this state with agencies of
any other states, for the
provision of medical assistance and other social
services to
children in relation to whom all of the following apply: (1) They have special needs. (2) This state or another state that is a party to the
interstate compact
is providing adoption assistance on their
behalf. (3) They move into this state from another state or move out
of this state
to another state.
Sec. 5101.29. When contained in a record held by the
department of job and family services or a
county agency, the
following are not public records for purposes of section
149.43
of
the Revised Code: (A) Names and other
identifying information regarding
children enrolled in or
attending a child day-care center or home
subject to licensure,
certification, or registration under Chapter
5104. of the Revised Code; (B) Names and other identifying information regarding children placed with an institution or association certified under section 5103.03 of the Revised Code;
(C) Names and other
identifying information regarding a
person who makes an oral or
written complaint regarding a an institution, association, child
day-care center, or home subject to
licensure, certification, or
registration to the department or
other
state or county entity
responsible for enforcing
Chapter 5103. or 5104. of the Revised Code.
Sec. 5101.35. (A) As used in this section: (1) "Agency" means the following entities that administer a
family services program: (a) The department of job and family services; (b) A county department of job and family services; (c) A public children services agency; (d) A private or government entity administering, in whole
or in
part, a family services program for or on behalf
of the
department of job and family services or a county
department of
job and family services or public
children services agency. (2) "Appellant" means an applicant, participant, former
participant, recipient, or former recipient of a family
services
program
who is entitled by federal or
state law to a hearing
regarding a decision or order of the
agency that administers the
program. (3) "Family services program" means assistance provided
under
a Title IV-A program as defined in section 5101.80 of the
Revised Code or under
Chapter 5104.,
5111., or 5115.
or section
173.35,
5101.141, 5101.46, 5101.461, 5101.54, 5153.163, or
5153.165 of the
Revised Code, other than
assistance provided under
section 5101.46
of the
Revised Code by the department of mental
health,
the
department of mental retardation and developmental
disabilities, a
board of alcohol, drug addiction, and mental
health services, or a
county board of mental retardation and
developmental disabilities. (B)
Except as provided
by divisions (G) and (H) of this section,
an appellant who appeals under federal or state law a
decision or
order of an agency administering a family
services
program shall,
at the appellant's
request, be granted a
state hearing by the
department of job and family
services.
This state hearing shall
be
conducted in accordance with rules adopted under this section.
The
state hearing shall be tape-recorded recorded, but neither the
recording
nor a transcript of the recording shall be part of the
official
record of the proceeding. A state hearing decision is
binding
upon the agency and department, unless it is reversed or
modified on
appeal to the director of job and family services or a
court of common
pleas. (C)
Except as provided by division (G) of this section, an
appellant who disagrees with a state hearing
decision may make an
administrative appeal to the director of
job and family
services
in accordance with rules adopted
under this section. This
administrative appeal does not require a hearing, but the
director
or the director's
designee
shall review the
state hearing decision
and previous administrative action and may
affirm, modify, remand,
or reverse the state hearing decision. Any person
designated to
make an administrative appeal decision
on behalf of the director
shall have been admitted to the
practice of law in this state. An
administrative appeal decision
is the final decision of the
department and is binding upon
the department and
agency, unless
it is reversed or modified on
appeal
to the court of common pleas. (D) An agency shall comply with a decision issued pursuant
to
division
(B) or (C) of this section within the time limits
established by
rules adopted under this section.
If a county
department of job and family services or a
public children
services agency fails to comply within these time limits, the
department may take action pursuant to section
5101.24
of the
Revised Code. If another agency fails to comply within the time
limits, the department may force compliance by withholding funds
due the
agency or imposing another sanction established by rules
adopted under this
section. (E) An appellant who disagrees with an administrative
appeal
decision of the director of job and family services
or the
director's designee issued under division (C)
of this section may
appeal from the decision to the court of
common pleas pursuant to
section 119.12 of the Revised Code. The
appeal shall be governed
by section 119.12 of the Revised Code
except that: (1) The person may appeal to the court of common pleas of
the county in which the person resides, or to the court of
common
pleas
of Franklin county if the person does not reside in this
state. (2) The person may apply to the court for designation as
an
indigent and, if the court grants this application, the
appellant
shall not be required to furnish the costs of the
appeal. (3) The appellant shall mail the notice of appeal to the
department of job and family services and file notice of
appeal
with
the court within
thirty days after the department mails the
administrative
appeal decision to the appellant. For good cause
shown, the
court may extend the time for mailing and filing notice
of
appeal, but such time shall not exceed six months from the date
the department mails the administrative appeal decision.
Filing
notice of appeal with the court shall be the only act
necessary to
vest jurisdiction in the court. (4) The department shall be required to file a
transcript of
the testimony of the state hearing with the court
only if the
court orders the department to file the transcript.
The court
shall make such an order only if it finds that the
department and
the appellant are unable to stipulate to the facts
of the case and
that the transcript is essential to a
determination of the appeal.
The department shall file the
transcript not later than thirty
days after the day such an order
is issued.
(F) The department of job and family services shall adopt
rules
in accordance with Chapter 119. of the Revised
Code to
implement this section, including rules governing
the following: (1) State hearings under division (B) of this section. The
rules shall include provisions regarding notice of eligibility
termination and
the opportunity of an appellant appealing a
decision or order of a county
department of job and family
services to request a county conference with the
county department
before the state hearing is held. (2) Administrative appeals under division (C) of this
section; (3) Time limits for complying with a decision issued under
division (B) or (C) of this section; (4) Sanctions that may be applied against an agency under
division
(D) of this section. (G)
The department of job and family services may adopt rules
in accordance with Chapter 119. of the Revised Code establishing
an appeals process for an appellant who appeals a decision or
order regarding a Title IV-A program identified under division
(A)(4)(c), (d), (e), or (f) of section 5101.80 of the Revised Code that is
different from the appeals process established by this section.
The different appeals process may include having a state agency
that administers the Title IV-A program pursuant to an interagency
agreement entered into under section 5101.801 of the Revised Code
administer the appeals process. (H) If an appellant receiving medicaid through a health insuring corporation that holds a certificate of authority under Chapter 1751. of the Revised Code is appealing a denial of medicaid services based on lack of medical necessity or other clinical issues regarding coverage by the health insuring corporation, the person hearing the appeal may order an independent medical review if that person determines that a review is necessary. The review shall be performed by a health care professional with appropriate clinical expertise in treating the recipient's condition or disease. The department shall pay the costs associated with the review. A review ordered under this division shall be part of the record of the hearing and shall be given appropriate evidentiary consideration by the person hearing the appeal. (I) The requirements of Chapter 119. of the Revised Code
apply to a
state hearing or administrative appeal under this
section only to the extent,
if any, specifically provided by rules
adopted under this section.
Sec. 5101.72. The department of job and family services,
to
the extent of available
funds, may reimburse county departments of
job and family
services for all or part of
the costs they incur in
implementing sections 5101.60 to 5101.71 of the
Revised
Code. The
director of job and family services shall
adopt, and may amend or
rescind, internal management
rules under in accordance with section 111.15 of the Revised Code that
provide for reimbursement
of county departments of job and family
services under
this section.
The director shall adopt internal management rules in accordance with section 111.15 of the Revised Code that do both of the following:
(A) Implement sections 5101.60 to 5101.71 of the Revised Code;
(B) Require the county departments to collect and submit to the department, or ensure that a designated agency collects and submits to the department, data concerning the implementation of sections 5101.60 to 5101.71 of the Revised Code.
Sec. 5101.99. (A) Whoever violates division (A) or (B) of section 5101.61 of
the Revised Code shall be fined not more than five hundred dollars. (B) Whoever violates division (A) of section 5101.27
of the Revised Code is guilty of a misdemeanor of the first degree. (C) Whoever violates section 5101.133 of the Revised Code is guilty of a misdemeanor of the fourth degree.
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
2152.41 to
2152.44 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.
(4) An institution or association that knowingly makes a false statement that is included as a part of certification under this section is guilty of the offense of falsification under section 2921.13 of the Revised Code and the department shall not certify that institution or association. (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 that
cares for children is operating without a certificate, the director may
petition the court of common pleas in the county in which the
institution or association is located for an order enjoining its operation. The court shall grant injunctive relief upon a showing
that the institution or association is operating
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. 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 prospective foster caregiver successfully
completes the following amount
of preplacement training through
a preplacement training
program
operated approved by the department of job and family services under section 5103.034 5103.038 of the Revised Code or 5153.60 preplacement training provided under division (B) of section 5103.30 of the Revised
Code: (A) If the foster home is a family foster home, at least
twenty-four hours; (B) If the foster home is a specialized foster home, at
least
thirty-six hours.
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 prospective foster caregiver or
foster
caregiver
successfully completes the following amount of
training: (1) For an initial certificate, at least twelve hours of
preplacement training through
a preplacement training program operated approved by the department of job and family services
under section
5103.034 5103.038 of the Revised Code or 5153.60 preplacement training provided under division (B) of section 5103.30 of the Revised Code; (2) For renewal of a certificate, at least twenty-four hours
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. 5103.034. (A) A private Private child placing
agency or agencies and
private noncustodial agency agencies operating a preplacement training
program or continuing training program approved by the department of job and
family services under section
5103.038 of the Revised Code or the Ohio child welfare training program operating a preplacement training program or continuing training program pursuant to section 5153.60 of the Revised Code shall make the program
available to a prospective foster caregiver or
foster caregivers. The agency or program shall make the programs available caregiver without
regard to the type of recommending agency from which a the prospective foster caregiver or foster caregiver seeks
a recommendation.
(B) A private child placing agency or private noncustodial agency operating a preplacement training program or continuing training program approved by the department of job and family services under section 5103.038 of the Revised Code may condition the enrollment of a prospective foster caregiver or foster caregiver in a the program on either or both of the following:
(1) Availability of space in the training program;
(2) If applicable, payment Payment of an instruction or registration fee, if any, by the prospective foster caregiver or foster caregiver's recommending agency.
(C) The Ohio child welfare training program operating a preplacement training program or continuing training program pursuant to section 5153.60 of the Revised Code may condition the enrollment in a preplacement training program or continuing training program of a foster caregiver whose recommending agency is a private child placing agency or private noncustodial agency on either or both of the following: (1) Availability of space in the training program;
(2) Assignment to the program by the foster caregiver's recommending agency of the allowance payable under section 5103.0313 of the Revised Code. (D) A private child placing agency or private noncustodial agency may contract with an individual or a public or private entity to administer operating a preplacement training program or continuing training program operated by the agency and approved by the department of job and family services under section 5103.038 of the Revised Code may contract with a person or governmental entity to administer the program.
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
training required by the department in
rules adopted pursuant to section 5103.0316 of the Revised Code 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 number of hours of continuing training, if any, the agency will waive any of the hours of
continuing training the foster caregiver is required by pursuant to division (B) of section 5103.032
of the Revised Code to complete 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 eight, that
the agency will waive.
Sec. 5103.036. (A) For the purpose of determining whether a prospective foster caregiver or
foster
caregiver has satisfied the requirement of section 5103.031
or 5103.032
of the Revised Code, a recommending agency shall
accept training
obtained
from a either of the following: (1) Any preplacement training program or
continuing
training program operated approved by the department of job and family services
under section 5103.034 or 5153.60 5103.038 of the Revised Code; (2) The Ohio child welfare training program pursuant to divisions (B) and (C) of section 5103.30 of the
Revised Code
regardless of whether the program is operated by the recommending agency. The (B) A recommending agency may require that the a prospective foster caregiver or foster caregiver
successfully complete
additional training as a condition of the
agency recommending that
the department of job and family services certify or
recertify the prospective foster caregiver or
foster caregiver's foster home under section 5103.03
of the
Revised Code.
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 by the department. (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 5103.0311 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 5103.0316 of the Revised
Code 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 prospective 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) The substance of section 2152.72 of the Revised Code. A
course addressing section 2152.72 of the Revised Code shall
be not less than one hour long. (M) In the case of a preplacement training program for a prospective 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 such techniques.
Sec. 5103.0311. (A) A preplacement training program for prospective 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) Early childhood development. (B) A continuing training program for foster caregivers described
in section 5103.033 of the Revised Code shall meet the requirements of rules adopted pursuant to section 5103.0316 of the Revised Code.
Sec. 5103.0312.
A
public children services agency, private
child placing agency, or
private noncustodial agency acting as a
recommending agency for a
foster caregivers who hold certificates
issued under section
5103.03 of the Revised Code caregiver shall pay
those the
foster caregivers caregiver
a stipend to reimburse them the foster caregiver for
attending a preplacement training
program or
continuing training
program
operated under section
5103.034 or 5153.60 5103.30 of the
Revised Code. The
payment shall be based on a
stipend
rate established by the
department
of job and family
services.
The
stipend rate shall be
the same
regardless of the type of
recommending agency from
which
a the foster
caregiver seeks a recommendation. The department shall,
pursuant to rules adopted under section
5103.0316 of the Revised
Code, reimburse the recommending agency
for stipend payments it
makes in accordance with this section. No payment shall be made to an individual for attending a preplacement training program if the individual fails to obtain a foster home certificate under section 5103.03 of the Revised Code.
Sec. 5103.0313. The Except as provided in section 5103.303 of the Revised Code, the department of job and family services
shall compensate a private child placing agency or private noncustodial agency for the cost of procuring or operating
preplacement and continuing training programs approved by the department of job and family services under
section
5103.034 5103.038 of the Revised Code for prospective foster caregivers and foster caregivers who are recommended for initial certification or recertification by the agency. The compensation shall be paid to the agency in the form of an allowance for each hour of preplacement and continuing training provided or received.
Sec. 5103.0315. The department of job and family services shall seek
federal financial participation for the cost of making payments under section
5103.0312 of the Revised
Code and allowances under section sections
5103.0313 and 5103.303 of the Revised Code. The department shall notify
the governor, president of the senate, minority leader of the senate,
speaker of the house of representatives, and minority leader of
the house of representatives of any proposed federal legislation that
endangers the federal financial participation.
Sec. 5103.07. The department of job and family services
shall administer
funds
received
under Title IV-B of the
"Social
Security Act," 49 81 Stat. 620 821 (1935 1967), 42
U.S.C.A.
620, as amended,
and the
"Child Abuse Prevention and Treatment Act," 88 Stat. 4
(1974), 42 U.S.C.A. 5101, as amended. In
administering these
funds, the department
may establish a child welfare
services
program
and a child abuse
and neglect prevention and adoption
reform
program. The department has all
powers
necessary for the
adequate administration of these funds and
programs. The director
of job and
family services may adopt
internal management rules in
accordance with section 111.15 of the
Revised Code
as
necessary
to carry out
the purposes of this section.
Sec. 5103.13. (A) As used in this section,
"HIV" has the
same meaning as in section 3701.24 of the Revised Code and section 5103.131 of the Revised Code:
(1)(a) "Children's crisis care facility" means a facility that has as its primary purpose the provision of residential and other care to either or both of the following:
(i) One or more preteens voluntarily placed in the facility by the preteen's parent or other caretaker who is facing a crisis that causes the parent or other caretaker to seek temporary care for the preteen and referral for support services;
(ii) One or more preteens placed in the facility by a public children services agency or private child placing agency that has legal custody or permanent custody of the preteen and determines that an emergency situation exists necessitating the preteen's placement in the facility rather than an institution certified under section 5103.03 of the Revised Code or elsewhere.
(b) "Children's crisis care facility" does not include either of the following:
(i) 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;
(ii) Any individual who provides care for only a single-family group, placed there by their parents or other relative having custody.
(2) "Legal custody" and "permanent custody" have the same meanings as in section 2151.011 of the Revised Code.
(3) "Preteen" means an individual under thirteen years of age.
(B) The No person shall operate a children's crisis care facility or hold a children's crisis care facility out as a certified children's crisis care facility unless there is a valid children's crisis care facility certificate issued under this section for the facility.
(C) A person seeking to operate a children's crisis care facility shall apply to the director of job and family services to obtain a certificate for the facility. The director shall certify the person's children's crisis care facility if the facility meets all of the certification standards established in rules adopted under division (F) of this section and the person complies with all of the rules governing the certification of children's crisis care facilities adopted under that division. The issuance of a children's crisis care facility certificate does not exempt the facility from a requirement to obtain another certificate or license mandated by law.
(D)(1) No certified children's crisis care facility shall do any of the following:
(a) Provide residential care to a preteen for more than one hundred twenty days in a calendar year;
(b) Subject to division (D)(1)(c) of this section and except as provided in division (D)(2) of this section, provide residential care to a preteen for more than sixty consecutive days;
(c) Except as provided in division (D)(3) of this section, provide residential care to a preteen for more than seventy-two consecutive hours if a public children services agency or private child placing agency placed the preteen in the facility;
(d) Fail to comply with section 2151.86 of the Revised Code.
(2) A certified children's crisis care facility may provide residential care to a preteen for up to ninety consecutive days, other than a preteen placed in the facility by a public children services agency or private child placing agency, if any of the following are the case: (a) The preteen's parent or other caretaker is enrolled in an alcohol and drug addiction program certified under section 3793.06 of the Revised Code or a community mental health service certified under section 5119.611 of the Revised Code;
(b) The preteen's parent or other caretaker is an inpatient in a hospital;
(c) The preteen's parent or other caretaker is incarcerated;
(d) A physician has diagnosed the preteen's parent or other caretaker as medically incapacitated.
(3) A certified children's crisis care facility may provide residential care to a preteen placed in the facility by a public children services agency or private child placing agency for more than seventy-two consecutive hours if the director of job and family services or the director's designee issues the agency a waiver of the seventy-two consecutive hour limitation. The waiver may authorize the certified children's crisis care facility to provide residential care to the preteen for up to fourteen consecutive days.
(E) The director of job and family services may suspend or revoke a children's crisis care facility's certificate pursuant to Chapter 119. of the Revised Code if the facility violates division (D) of this section or ceases to meet any of the certification standards established in rules adopted under division (F) of this section or the facility's operator ceases to comply with any of the rules governing the certification of children's crisis care facilities adopted under that division.
(F) Not later than ninety days after the effective date of this amendment, the director of job and
family services shall provide, by adopt
rules adopted pursuant to Chapter 119. of the Revised Code, for
the licensure certification of children's crisis nurseries as either type A or type B
crisis nurseries care facilities. The rules shall specify that a license certificate shall
not be issued to an applicant for licensure as a crisis nursery
if the conditions at any of its facilities the children's crisis care facility would jeopardize the
health or safety of the children to whom it provides care preteens placed in the facility. (C) A type A crisis nursery shall provide temporary
shelter and other care for not more than twenty children at one
time. Each child shall be under age six and drug-exposed,
HIV-infected, or referred by a public children services agency. No
child shall
receive shelter or other care from a particular type A crisis
nursery for a period exceeding sixty days.
(D) A type B crisis nursery shall provide, without
charging a fee, temporary services and care to children under age
thirteen who are abused and neglected, at high risk of abuse and
neglect, or members of families receiving child protective
services. A type B crisis nursery shall also provide referrals
to support services. No child shall receive services or care
from a type B crisis nursery for more than thirty days in any
year.
Sec. 5103.131. The department of job and family
services
may apply to the United
States secretary of health and human services for a federal grant under the
"Temporary Child Care for Children With Disabilities Abuse Prevention and Crisis Nurseries Treatment
Act," 100 Stat. 907 (1986), 42 U.S.C. 5117 5116, to assist type B children's crisis nurseries
licensed care facilities certified under section 5103.13 of the Revised Code in
providing temporary
services residential and other care to minors preteens.
Sec. 5103.16. (A) Except Pursuant to section 5103.18 of the Revised Code and except as otherwise provided in this
section, no child shall be placed or accepted for placement under
any written or oral agreement or understanding that transfers or
surrenders the legal rights, powers, or duties of the legal
parent, parents, or guardian of the child into the temporary or
permanent custody of any association or institution
that is not
certified by the department of job and family
services under
section 5103.03 of the Revised Code,
without the written consent
of the office in the department that
oversees the interstate
compact on placement of children established under
section 5103.20
of the Revised Code, or by a commitment of a
juvenile court, or by
a commitment of a probate court as provided in this
section. A
child may be placed temporarily without
written consent or court
commitment with persons related by blood
or marriage or in a
legally licensed boarding home. (B)(1) Associations and institutions certified under
section
5103.03 of the Revised Code for the purpose of placing children in
free foster homes or for legal
adoption shall keep a record of the
temporary and permanent
surrenders of children. This record shall
be available for
separate statistics, which shall include a copy
of an official
birth record and all information concerning the
social, mental,
and medical history of the children that will aid
in an
intelligent disposition of the children in case that becomes
necessary because the parents or guardians fail or are unable to
reassume custody. (2) No child placed on a temporary surrender with an
association or institution shall be placed permanently in a
foster
home or for legal adoption. All surrendered children who
are
placed permanently in foster homes or for adoption shall have
been
permanently surrendered, and a copy of the permanent
surrender
shall be a part of the separate record kept by the
association or
institution. (C) Any agreement or understanding to transfer or
surrender
the legal rights, powers, or duties of the legal parent
or parents
and place a child with a person seeking to adopt the
child under
this section shall be construed to contain a promise
by the person
seeking to adopt the child to pay the expenses
listed in divisions
(C)(1), (2), and (4) of section 3107.10 3107.055 of
the Revised Code and,
if the person seeking to adopt the child
refuses to accept
placement of the child, to pay the temporary
costs of routine
maintenance and medical care for the child in a
hospital, foster
home, or other appropriate place for up to
thirty days or until
other custody is established for the child,
as provided by law,
whichever is less. (D) No child shall be placed or received for adoption or
with intent to adopt unless placement is made by a public children
services
agency, an institution or
association that is certified
by the department of
job and family services under section 5103.03
of the
Revised Code to place children for
adoption, or custodians
in another state or foreign country, or unless all of
the
following criteria are met: (1) Prior to the placement and receiving of the child, the
parent or parents of the child personally have applied to, and
appeared before, the probate court of the county in which the
parent or parents reside, or in which the person seeking to adopt
the child resides, for approval of the proposed placement
specified in the application and have signed and filed with the
court a written statement showing that the parent or parents are
aware of their right to contest the decree of adoption subject to
the limitations of section 3107.16 of the Revised Code; (2) The court ordered an independent home study
of the
proposed placement to be conducted as provided in section
3107.031 of the Revised Code, and after completion of the
home study, the
court determined that the proposed placement is in the
best
interest of the child; (3) The court has approved of record the proposed
placement. In determining whether a custodian has authority to place
children for adoption under the laws of a foreign country, the
probate court shall determine whether the child has been released
for adoption pursuant to the laws of the country in which the
child resides, and if the release is in a form that satisfies the
requirements of the immigration and naturalization service of the
United States department of justice for purposes of immigration
to
this country pursuant to section 101(b)(1)(F) of the
"Immigration
and Nationality Act," 75 Stat. 650 (1961), 8 U.S.C.
1101
(b)(1)(F), as amended or reenacted. If the parent or parents of the child are deceased or have
abandoned the child, as determined under division (A) of section
3107.07 of the Revised Code, the application for approval of the
proposed adoptive placement may be brought by the relative
seeking
to adopt the child, or by the department, board, or
organization
not otherwise having legal authority to place the
orphaned or
abandoned child for adoption, but having legal
custody of the
orphaned or abandoned child, in the probate court
of the county in
which the child is a resident, or in which the
department, board,
or organization is located, or where the
person or persons with
whom the child is to be placed reside.
Unless the parent, parents,
or guardian of the person of the
child personally have appeared
before the court and applied for
approval of the placement, notice
of the hearing on the
application shall be served on the parent,
parents, or guardian. The consent to placement, surrender, or adoption executed
by
a minor parent before a judge of the probate court or an
authorized deputy or referee of the court, whether executed
within
or outside the confines of the court, is as valid as
though
executed by an adult. A consent given as above before an
employee
of a children services agency that is licensed as
provided by law,
is equally effective, if the consent also is
accompanied by an
affidavit executed by the witnessing employee
or employees to the
effect that the legal rights of the parents
have been fully
explained to the parents, prior to the execution
of any consent,
and that the action was done after the birth of
the child. If the court approves a placement, the prospective adoptive
parent with
whom the child is placed has care, custody, and
control of the child pending
further order of the court. (E) This section does not apply to an adoption by a
stepparent, a grandparent, or a guardian.
Sec. 5103.162. (A) Except as provided in division (B) of this section, a foster caregiver shall be immune from liability in a civil action to recover damages for injury, death, or loss to person or property allegedly caused by an act or omission in connection with a power, duty, responsibility, or authorization under this chapter or under rules adopted under authority of this chapter. (B) The immunity described in division (A) of this section does not apply to a foster caregiver if, in relation to the act or omission in question, any of the following applies: (1) The act or omission was manifestly outside the scope of the foster caregiver's power, duty, responsibility, or authorization. (2) The act or omission was with malicious purpose, in bad faith, or in a wanton or reckless manner. (3) Liability for the act or omission is expressly imposed by a section of the Revised Code.
Sec. 5103.18. (A) Prior to placement under section 5103.16 of the Revised Code, an association or institution certified to place a child into a foster home shall include a summary report of a search of the uniform statewide automated child welfare information system established in section 5101.13 of the Revised Code with records required under division (B)(1) of section 5103.16 of the Revised Code. (B)(1) The summary report required under division (A) of this section shall contain, if applicable, a chronological list of abuse and neglect determinations or allegations of which a person seeking to become a foster caregiver of a child is subject and in regards to which a public children services agency has done one of the following:
(a) Determined that abuse or neglect occurred;
(b) Initiated an investigation, and the investigation is ongoing;
(c) Initiated an investigation, and the agency was unable to determine whether abuse or neglect occurred.
(2) The summary report required under division (A) of this section shall not contain any of the following:
(a) An abuse and neglect determination of which a person seeking to become a foster caregiver of a child is subject and in regards to which a public children services agency determined that abuse or neglect did not occur;
(b) Information or reports the dissemination of which is prohibited by, or interferes with eligibility under, the "Child Abuse Prevention and Treatment Act," 88 Stat. 4 (1974), 42 U.S.C. 5101 et seq., as amended;
(c)
The name of the person who or entity that made, or participated in the making of, the report of abuse or neglect.
(C)(1) A foster placement may be denied based on a summary report containing the information described under division (B)(1)(a) of this section, when considered within the totality of the circumstances.
(2) A foster placement shall not be denied solely based on a summary report containing the information described under division (B)(1)(b) or (c) of this section.
(D) Not later than January 1, 2008, the director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code necessary for the implementation and execution of this section. Sec. 5103.20. The interstate compact for the placement of children is hereby enacted into law and entered into with all other jurisdictions legally joining therein in form substantially as follows:
ARTICLE I.
PURPOSE
The purpose of this compact is to:
(A) Provide a process through which children subject to this compact are placed in safe and suitable homes in a timely manner.
(B) Facilitate ongoing supervision of a placement, the delivery of services, and communication between the states.
(C) Provide operating procedures that will ensure that children are placed in safe and suitable homes in a timely manner.
(D) Provide for the promulgation and enforcement of administrative rules implementing the provisions of this compact and regulating the covered activities of the member states.
(E) Provide for uniform data collection and information sharing between member states under this compact.
(F) Promote coordination between this compact, the Interstate Compacts for Juveniles, the Interstate Compact on Adoption and Medical Assistance and other compacts affecting the placement of and which provide services to children otherwise subject to this compact.
(G) Provide for a state's continuing legal jurisdiction and responsibility for placement and care of a child that it would have had if the placement were intrastate.
(H) Provide for the promulgation of guidelines, in collaboration with Indian tribes, for interstate cases involving Indian children as is or may be permitted by federal law.
ARTICLE II.
DEFINITIONS
As used in this compact:
(A) "Approved placement" means the receiving state has determined after an assessment that the placement is both safe and suitable for the child and is in compliance with the applicable laws of the receiving state governing the placement of children therein.
(B) "Assessment" means an evaluation of a prospective placement to determine whether the placement meets the individualized needs of the child, including but not limited to the child's safety and stability, health and well-being, and mental, emotional, and physical development.
(C) "Child" means an individual who has not attained the age of eighteen (18).
(D) "Default" means the failure of a member state to perform the obligations or responsibilities imposed upon it by this compact, the bylaws or rules of the Interstate Commission.
(E) "Indian tribe" means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for services provided to Indians by the Secretary of the Interior because of their status as Indians, including any Alaskan native village as defined in section 3 (c) of the Alaska Native Claims Settlement Act at 43 USC section 1602(c).
(F) "Interstate Commission for the Placement of Children" means the commission that is created under Article VIII of this compact and which is generally referred to as the Interstate Commission.
(G) "Jurisdiction" means the power and authority of a court to hear and decide matters.
(H) "Member state" means a state that has enacted this compact.
(I) "Non-custodial parent" means a person who, at the time of the commencement of court proceedings in the sending state, does not have sole legal custody of the child or has joint legal custody of a child, and who is not the subject of allegations or findings of child abuse or neglect.
(J) "Non-member state" means a state which has not enacted this compact.
(K) "Notice of residential placement" means information regarding a placement into a residential facility provided to the receiving state including, but not limited to the name, date, and place of birth of the child, the identity and address of the parent or legal guardian, evidence of authority to make the placement, and the name and address of the facility in which the child will be placed. Notice of residential placement shall also include information regarding a discharge and any unauthorized absence from the facility.
(L) "Placement" means the act by a public or private child placing agency intended to arrange for the care or custody of a child in another state.
(M) "Private child placing agency" means any private corporation, agency, foundation, institution, or charitable organization, or any private person or attorney that facilitates, causes, or is involved in the placement of a child from one state to another and that is not an instrumentality of the state or acting under color of state law.
(N) "Provisional placement" means that the receiving state has determined that the proposed placement is safe and suitable, and, to the extent allowable, the receiving state has temporarily waived its standards or requirements otherwise applicable to prospective foster or adoptive parents so as to not delay the placement. Completion of the receiving state requirements regarding training for prospective foster or adoptive parents shall not delay an otherwise safe and suitable placement.
(O) "Public child placing agency" means any government child welfare agency or child protection agency or a private entity under contract with such an agency, regardless of whether they act on behalf of a state, county, municipality, or other governmental unit and which facilitates, causes, or is involved in the placement of a child from one state to another.
(P) "Receiving state" means the state to which a child is sent, brought, or caused to be sent or brought.
(Q) "Relative" means someone who is related to the child as a parent, step-parent, sibling by half or whole blood or by adoption, grandparent, aunt, uncle, or first cousin or a non-relative with such significant ties to the child that they may be regarded as relatives as determined by the court in the sending state.
(R) "Residential Facility" means a facility providing a level of care that is sufficient to substitute for parental responsibility or foster care, and is beyond what is needed for assessment or treatment of an acute condition. For purposes of the compact, residential facilities do not include institutions primarily educational in character, hospitals, or other medical facilities.
(S) "Rule" means a written directive, mandate, standard, or principle issued by the Interstate Commission promulgated pursuant to Article XI of this compact that is of general applicability and that implements, interprets or prescribes a policy or provision of the compact. "Rule" has the force and effect of statutory law in a member state, and includes the amendment, repeal, or suspension of an existing rule.
(T) "Sending state" means the state from which the placement of a child is initiated.
(U) "Service member's permanent duty station" means the military installation where an active duty Armed Services member is currently assigned and is physically located under competent orders that do not specify the duty as temporary.
(V) "Service member's state of local residence" means the state in which the active duty Armed Services member is considered a resident for tax and voting purposes.
(W) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other territory of the United States.
(X) "State court" means a judicial body of a state that is vested by law with responsibility for adjudicating cases involving abuse, neglect, deprivation, delinquency or status offenses of individuals who have not attained the age of eighteen (18).
(Y) "Supervision" means monitoring provided by the receiving state once a child has been placed in a receiving state pursuant to this compact.
ARTICLE III.
APPLICABILITY
(A) Except as otherwise provided in Article III, Section B, this compact shall apply to:
(1) The interstate placement of a child subject to ongoing court jurisdiction in the sending state, due to allegations or findings that the child has been abused, neglected, or deprived as defined by the laws of the sending state, provided, however, that the placement of such a child into a residential facility shall only require notice of residential placement to the receiving state prior to placement.
(2) The interstate placement of a child adjudicated delinquent or unmanageable based on the laws of the sending state and subject to ongoing court jurisdiction of the sending state if:
(a) The child is being placed in a residential facility in another member state and is not covered under another compact; or
(b) The child is being placed in another member state and the determination of safety and suitability of the placement and services required is not provided through another compact.
(3) The interstate placement of any child by a public child placing agency or private child placing agency as defined in this compact as a preliminary step to a possible adoption.
(B) The provisions of this compact shall not apply to:
(1) The interstate placement of a child with a non-relative in a receiving state by a parent with the legal authority to make such a placement provided, however, that the placement is not intended to effectuate an adoption.
(2) The interstate placement of a child by one relative with the lawful authority to make such a placement directly with a relative in a receiving state.
(3) The placement of a child, not subject to Article III, Section A, into a residential facility by his parent.
(4) The placement of a child with a non-custodial parent provided that:
(a) The non-custodial parent proves to the satisfaction of a court in the sending state a substantial relationship with the child; and
(b) The court in the sending state makes a written finding that placement with the non-custodial parent is in the best interests of the child; and
(c) The court in the sending state dismisses its jurisdiction over the child's case.
(5) A child entering the United States from a foreign country for the purpose of adoption or leaving the United States to go to a foreign country for the purpose of adoption in that country.
(6) Cases in which a U.S. citizen child living overseas with his family, at least one of whom is in the U.S. Armed Services, and who is stationed overseas, is removed and placed in a state.
(7) The sending of a child by a public child placing agency or a private child placing agency for a visit as defined by the rules of the Interstate Commission.
(C) For purposes of determining the applicability of this compact to the placement of a child with a family in the Armed Services, the public child placing agency or private child placing agency may choose the state of the service member's permanent duty station or the service member's declared legal residence.
(D) Nothing in this compact shall be construed to prohibit the concurrent application of the provisions of this compact with other applicable interstate compacts including the Interstate Compact for Juveniles and the Interstate Compact on Adoption and Medical Assistance. The Interstate Commission may in cooperation with other interstate compact commissions having responsibility for the interstate movement, placement or transfer of children, promulgate like rules to ensure the coordination of services, timely placement of children, and the reduction of unnecessary or duplicative administrative or procedural requirements.
ARTICLE IV.
JURISDICTION
(A) The sending state shall retain jurisdiction over a child with respect to all matters of custody and disposition of the child which it would have had if the child had remained in the sending state. Such jurisdiction shall also include the power to order the return of the child to the sending state.
(B) When an issue of child protection or custody is brought before a court in the receiving state, such court shall confer with the court of the sending state to determine the most appropriate forum for adjudication.
(C) In accordance with its own laws, the court in the sending state shall have authority to terminate its jurisdiction if:
(1) The child is reunified with the parent in the receiving state who is the subject of allegations or findings of abuse or neglect, only with the concurrence of the public child placing agency in the receiving state; or
(2) The child is adopted; or
(3) The child reaches the age of majority under the laws of the sending state; or
(4) The child achieves legal independence pursuant to the laws of the sending state; or
(5) A guardianship is created by a court in the receiving state with the concurrence of the court in the sending state; or
(6) An Indian tribe has petitioned for and received jurisdiction from the court in the sending state; or
(7) The public child placing agency of the sending state requests termination and has obtained the concurrence of the public child placing agency in the receiving the state.
(D) When a sending state court terminates its jurisdiction, the receiving state child placing agency shall be notified.
(E) Nothing in this article shall defeat a claim of jurisdiction by a receiving state court sufficient to deal with an act of truancy, delinquency, crime or behavior involving a child as defined by the laws of the receiving state committed by the child in the receiving state which would be a violation of its laws.
(F) Nothing in this article shall limit the receiving state's ability to take emergency jurisdiction for the protection of the child.
ARTICLE V.
ASSESSMENTS
(A) Prior to sending, bringing, or causing a child to be sent or brought into a receiving state, the public child placing agency shall provide a written request for assessment to the receiving state.
(B) Prior to the sending, bringing, or causing a child to be sent or brought into a receiving state, the private child placing agency shall:
(1) Provide evidence that the applicable laws of the sending state have been complied with; and
(2) Certification that the consent or relinquishment is in compliance with applicable law of the birth parent's state of residence or, where permitted, the laws of the state of where the finalization of the adoption will occur; and
(3) Request through the public child placing agency in the sending state an assessment to be conducted in the receiving state; and
(4) Upon completion of the assessment, obtain the approval of the public child placing agency in the receiving state.
(C) The procedures for making and the request for an assessment shall contain all information and be in such form as provided for in the rules of the Interstate Commission.
(D) Upon receipt of a request from the public child welfare agency of the sending state, the receiving state shall initiate an assessment of the proposed placement to determine its safety and suitability. If the proposed placement is a placement with a relative, the public child placing agency of the sending state may request a determination of whether the placement qualifies as a provisional placement.
(E) The public child placing agency in the receiving state may request from the public child placing agency or the private child placing agency in the sending state, and shall be entitled to receive supporting or additional information necessary to complete the assessment.
(F) The public child placing agency in the receiving state shall complete or arrange for the completion of the assessment within the timeframes established by the rules of the Interstate Commission.
(G) The Interstate Commission may develop uniform standards for the assessment of the safety and suitability of interstate placements.
ARTICLE VI.
PLACEMENT AUTHORITY
(A) Except as provided in Article VI, Section C, no child subject to this compact shall be placed into a receiving state until approval for such placement is obtained.
(B) If the public child placing agency in the receiving state does not approve the proposed placement then the child shall not be placed. The receiving state shall provide written documentation of any such determination in accordance with the rules promulgated by the Interstate Commission. Such determination is not subject to judicial review in the sending state.
(C) If the proposed placement is not approved, any interested party shall have standing to seek an administrative review of the receiving state's determination.
(1) The administrative review and any further judicial review associated with the determination shall be conducted in the receiving state pursuant to its applicable administrative procedures.
(2) If a determination not to approve the placement of the child in the receiving state is overturned upon review, the placement shall be deemed approved, provided however that all administrative or judicial remedies have been exhausted or the time for such remedies has passed.
ARTICLE VII.
STATE RESPONSIBILITY
(A) For the interstate placement of a child made by a public child placing agency or state court:
(1) The public child placing agency in the sending state shall have financial responsibility for:
(a) The ongoing support and maintenance for the child during the period of the placement, unless otherwise provided for in the receiving state; and
(b) As determined by the public child placing agency in the sending state, services for the child beyond the public services for which the child is eligible in the receiving state.
(2) The receiving state shall only have financial responsibility for:
(a) Any assessment conducted by the receiving state; and
(b) Supervision conducted by the receiving state at the level necessary to support the placement as agreed upon by the public child placing agencies of the receiving and sending state.
(3) Nothing in this provision shall prohibit public child placing agencies in the sending state from entering into agreements with licensed agencies or persons in the receiving state to conduct assessments and provide supervision.
(B) For the placement of a child by a private child placing agency preliminary to a possible adoption, the private child placing agency shall be:
(1) Legally responsible for the child during the period of placement as provided for in the law of the sending state until the finalization of the adoption.
(2) Financially responsible for the child absent a contractual agreement to the contrary.
(C) A private child placing agency shall be responsible for any assessment conducted in the receiving state and any supervision conducted by the receiving state at the level required by the laws of the receiving state or the rules of the Interstate Commission.
(D) The public child placing agency in the receiving state shall provide timely assessments, as provided for in the rules of the Interstate Commission.
(E) The public child placing agency in the receiving state shall provide, or arrange for the provision of, supervision and services for the child, including timely reports, during the period of the placement.
(F) Nothing in this compact shall be construed as to limit the authority of the public child placing agency in the receiving state from contracting with a licensed agency or person in the receiving state for an assessment or the provision of supervision or services for the child or otherwise authorizing the provision of supervision or services by a licensed agency during the period of placement.
(G) Each member state shall provide for coordination among its branches of government concerning the state's participation in, and compliance with, the compact and Interstate Commission activities, through the creation of an advisory council or use of an existing body or board.
(H) Each member state shall establish a central state compact office, which shall be responsible for state compliance with the compact and the rules of the Interstate Commission.
(I) The public child placing agency in the sending state shall oversee compliance with the provisions of the Indian Child Welfare Act (25 USC 1901 et seq.) for placements subject to the provisions of this compact, prior to placement.
(J) With the consent of the Interstate Commission, states may enter into limited agreements that facilitate the timely assessment and provision of services and supervisions of placements under this compact.
ARTICLE VIII.
INTERSTATE COMMISSION FOR THE PLACEMENT OF CHILDREN
The member states hereby establish, by way of this compact, a commission known as the "Interstate Commission for the Placement of Children." The activities of the Interstate Commission are the formation of public policy and are a discretionary state function. The Interstate Commission shall:
(A) Be joint commission of the member states and shall have the responsibilities, powers and duties set forth herein, and such additional powers as may be conferred upon it by subsequent concurrent action of the respective legislatures of the member states.
(B) Consist of one commissioner from each member state who shall be appointed by the executive head of the state human services administration with ultimate responsibility for the child welfare program. The appointed commissioner shall have the legal authority to vote on policy related matters governed by this compact binding the state.
(1) Each member state represented at a meeting of the Interstate Commission is entitled to one vote.
(2) A majority of the member states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.
(3) A representative shall not delegate a vote to another member state.
(4) A representative may delegate voting authority to another person from their state for a specified meeting.
(C) In addition to the commissioners of each member state, the Interstate Commission shall include persons who are members of interested organizations as defined in the bylaws or rules of the Interstate Commission. Such members shall be ex officio and shall not be entitled to vote on any matter before the Interstate Commission.
(D) Establish an executive committee which shall have the authority to administer the day-to-day operations and administration of the Interstate Commission. It shall not have the power to engage in rulemaking.
ARTICLE IX.
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The Interstate Commission shall have the following powers:
(A) To promulgate rules and take all necessary actions to effect the goals, purposes, and obligations as enumerated in this compact.
(B) To provide for dispute resolution among member states.
(C) To issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the interstate compact, its bylaws, rules, or actions.
(D) To enforce compliance with this compact or the bylaws or rules of the Interstate Commission pursuant to Article XII.
(E) Collect standardized data concerning the interstate placement of children subject to this compact as directed through its rules which shall specify the data to be collected, the means of collection, and data exchange and reporting requirements.
(F) To establish and maintain offices as may be necessary for the transacting of its business.
(G) To purchase and maintain insurance and bonds.
(H) To hire or contract for services of personnel or consultants as necessary to carry out its functions under the compact and establish personnel qualification policies, and rates of compensation.
(I) To establish and appoint committees and officers including, but not limited to, an executive committee as required by Article X.
(J) To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose thereof.
(K) To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal, or mixed.
(L) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed.
(M) To establish a budget and make expenditures.
(N) To adopt a seal and bylaws governing the management and operation of the Interstate Commission.
(O) To report annually to the legislatures, governors, the judiciary, and state advisory councils of the member states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission.
(P) To coordinate and provide education, training, and public awareness regarding the interstate movement of children for officials involved in such activity.
(Q) To maintain books and records in accordance with the bylaws of the Interstate Commission.
(R) To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.
ARTICLE X.
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
(A) Bylaws:
(1) Within 12 months after the first Interstate Commission meeting, the Interstate Commission shall adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact.
(2) The Interstate Commission's bylaws and rules shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.
(B) Meetings:
(1) The Interstate Commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the member states shall call additional meetings.
(2) Public notice shall be given by the Interstate Commission of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission and its committees may close a meeting, or portion thereof, where it determines by two-thirds vote that an open meeting would be likely to:
(a) Relate solely to the Interstate Commission's internal personnel practices and procedures; or
(b) Disclose matters specifically exempted from disclosure by federal law; or
(c) Disclose financial or commercial information which is privileged, proprietary, or confidential in nature; or
(d) Involve accusing a person of a crime, or formally censuring a person; or
(e) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy or physically endanger one or more persons; or
(f) Disclose investigative records compiled for law enforcement purposes; or
(g) Specifically relate to the Interstate Commission's participation in a civil action or other legal proceeding.
(3) For a meeting, or portion of a meeting, closed pursuant to this provision, the Interstate Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exemption provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed and the record of a roll call vote. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Interstate Commission or by court order.
(4) The bylaws may provide for meetings of the Interstate Commission to be conducted by telecommunication or other electronic communication.
(C) Officers and Staff:
(1) The Interstate Commission may, through its executive committee, appoint or retain a staff director for such period, upon such terms and conditions and for such compensation as the Interstate Commission may deem appropriate. The staff director shall serve as secretary to the Interstate Commission, but shall not have a vote. The staff director may hire and supervise such other staff as may be authorized by the Interstate Commission.
(2) The Interstate Commission shall elect, from among its members, a chairperson and a vice chairperson of the executive committee and other necessary officers, each of whom shall have such authority and duties as may be specified in the bylaws.
(D) Qualified Immunity, Defense and Indemnification:
(1) The Interstate Commission's staff director and its employees shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided, that such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by a criminal act or the intentional or willful and wanton misconduct of such person.
(a) The liability of the Interstate Commission's staff director and employees or Interstate Commission representatives, acting within the scope of such person's employment or duties for acts, errors, or omissions occurring within such person's state may not exceed the limits of liability set forth under the Constitution and laws of that state for state officials, employees, and agents. The Interstate Commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by a criminal act or the intentional or willful and wanton misconduct of such person.
(b) The Interstate Commission shall defend the staff director and its employees and, subject to the approval of the Attorney General or other appropriate legal counsel of the member state shall defend the commissioner of a member state in a civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.
(c) To the extent not covered by the state involved, member state, or the Interstate Commission, the representatives or employees of the Interstate Commission shall be held harmless in the amount of a settlement or judgment, including attorney's fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of the Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.
ARTICLE XI.
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
(A) The Interstate Commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the compact.
(B) Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the "Model State Administrative Procedures Act," 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or such other administrative procedure acts as the Interstate Commission deems appropriate consistent with due process requirements under the United States Constitution as now or hereafter interpreted by the U.S. Supreme Court. All rules and amendments shall become binding as of the date specified, as published with the final version of the rule as approved by the Interstate Commission.
(C) When promulgating a rule, the Interstate Commission shall, at a minimum:
(1) Publish the proposed rule's entire text stating the reason(s) for that proposed rule; and
(2) Allow and invite any and all persons to submit written data, facts, opinions and arguments, which information shall be added to the record, and be made publicly available; and
(3) Promulgate a final rule and its effective date, if appropriate, based on input from state or local officials, or interested parties.
(D) Rules promulgated by the Interstate Commission shall have the force and effect of statutory law and shall supersede any state law, rule or regulation to the extent of any conflict.
(E) Not later than 60 days after a rule is promulgated, an interested person may file a petition in the U.S. District Court for the District of Columbia or in the Federal District Court where the Interstate Commission's principal office is located for judicial review of such rule. If the court finds that the Interstate Commission's action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it aside.
(F) If a majority of the legislatures of the member states rejects a rule, those states may by enactment of a statute or resolution in the same manner used to adopt the compact cause that such rule shall have no further force and effect in any member state.
(G) The existing rules governing the operation of the Interstate Company on the Placement of Children superseded by this act shall be null and void no less than 12, but no more than 24 months after the first meeting of the Interstate Commission created hereunder, as determined by the members during the first meeting.
(H) Within the first 12 months of operation, the Interstate Commission shall promulgate rules addressing the following:
(1) Transition rules;
(2) Forms and procedures;
(3) Time lines;
(4) Data collection and reporting;
(5) Rulemaking;
(6) Visitation;
(7) Progress reports/supervision;
(8) Sharing of information/confidentiality;
(9) Financing of the Interstate Commission;
(10) Mediation, arbitration and dispute resolution;
(11) Education, training and technical assistance;
(12) Enforcement;
(13) Coordination with other interstate compacts.
(I) Upon determination by a majority of the members of the Interstate Commission that an emergency exists:
(1) The Interstate Commission may promulgate an emergency rule only if it is required to:
(a) Protect the children covered by this compact from an imminent threat to their health, safety and well-being; or
(b) Prevent loss of federal or state funds; or
(c) Meet a deadline for the promulgation of an administrative rule required by federal law.
(2) An emergency rule shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, but no later than 90 days after the effective date of the emergency rule.
(3) An emergency rule shall be promulgated as provided for in the rules of the Interstate Commission.
ARTICLE XII.
OVERSIGHT, DISPUTE RESOLUTION, ENFORCEMENT
(A) Oversight:
(1) The Interstate Commission shall oversee the administration and operations of the compact.
(2) The executive, legislative and judicial branches of state government in each member state shall enforce this compact and the rules of the Interstate Commission and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. The compact and its rules shall supercede state law, rules or regulations to the extent of any conflict therewith.
(3) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact.
(4) The Interstate Commission shall be entitled to receive service of process in any action in which the validity of a compact provision or rule is the issue for which a judicial determination has been sought and shall have standing to intervene in any proceedings. Failure to provide service of process to the Interstate Commission shall render any judgment, order or other determination, however so captioned or classified, void as to the Interstate Commission, this compact, its bylaws or rules of the Interstate Commission.
(B) Dispute Resolution:
(1) The Interstate Commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the compact and which may arise among member states and between member and non-member states.
(2) The Interstate Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among compacting states. The costs of such mediation or dispute resolution shall be the responsibility of the parties to the dispute.
(C) Enforcement:
(1) If the Interstate Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact, its bylaws or rules, the Interstate Commission may:
(a) Provide remedial training and specific technical assistance; or
(b) Provide written notice to the defaulting state and other member states, of the nature of the default and the means of curing the default. The Interstate Commission shall specify the conditions by which the defaulting state must cure its default; or
(c) By majority vote of the members, initiate against a defaulting member state legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its principal offices, to enforce compliance with the provisions of the compact, its bylaws or rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation including reasonable attorney's fees; or
(d) Avail itself of any other remedies available under state law or the regulation of official or professional conduct.
ARTICLE XIII.
FINANCING OF THE COMMISSION
(A) The Interstate Commission shall pay, or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.
(B) The Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission's annual budget as approved by its members each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission which shall promulgate a rule binding upon all member states.
(C) The Interstate Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the member states, except by and with the authority of the member state.
(D) The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.
ARTICLE XIV.
MEMBER STATES, EFFECTIVE DATE AND AMENDMENT
(A) Any state is eligible to become a member state.
(B) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than 35 states. The effective date shall be the later of July 1, 2007 or upon enactment of the compact into law by the 35th state. Thereafter it shall become effective and binding as to any other member state upon enactment of the compact into law by that state. The governors of non-member states or their designees shall be invited to participate in the activities of the Interstate Commission on a non-voting basis prior to adoption of the compact by all states.
(C) The Interstate Commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding on the member states unless and until it is enacted into law by unanimous consent of the member states.
ARTICLE XV.
WITHDRAWAL AND DISSOLUTION
(A) Withdrawal:
(1) Once effective, the compact shall continue in force and remain binding upon each and every member state; provided that a member state may withdraw from the compact specifically repealing the statute which enacted the compact into law.
(2) Withdrawal from this compact shall be by the enactment of a statute repealing the same. The effective date of withdrawal shall be the effective date of the repeal of the statute.
(3) The withdrawing state shall immediately notify the president of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall then notify the other member states of the withdrawing state's intent to withdraw.
(4) The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal.
(5) Reinstatement following withdrawal of a member state shall occur upon the withdrawing stated reenacting the compact or upon such later date as determined by the members of the Interstate Commission.
(B) Dissolution of Compact:
(1) This compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one member state.
(2) Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.
ARTICLE XVI.
SEVERABILITY AND CONSTRUCTION
(A) The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
(B) The provisions of this compact shall be liberally construed to effectuate its purposes.
(C) Nothing in this compact shall be construed to prohibit the concurrent applicability of other interstate compacts to which the states are members.
ARTICLE XVII.
BINDING EFFECT OF COMPACT AND OTHER LAWS
(A) Other Laws:
(1) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with this compact.
(2) All member states' laws conflicting with this compact or its rules are superseded to the extent of the conflict.
(B) Binding Effect of the Compact:
(1) All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the member states.
(2) All agreements between the Interstate Commission and the member states are binding in accordance with their terms.
(3) In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
ARTICLE XVIII.
INDIAN TRIBES
Notwithstanding any other provision in this compact, the Interstate Commission may promulgate guidelines to permit Indian tribes to utilize the compact to achieve any or all of the purposes of the compact as specified in Article I. The Interstate Commission shall make reasonable efforts to consult with Indian tribes in promulgating guidelines to reflect the diverse circumstances of the various Indian tribes.
Sec. 5103.21. The department of job and family services may adopt rules necessary for the implementation of section 5103.20 of the Revised Code.
Sec. 5103.22. As used in division (B) of Article VIII of section 5103.20 of the Revised Code, "state human services administration" means the department of job and family services.
Sec. 5153.60 5103.30. (A) The Ohio child welfare training program is hereby established in the department of job and family services
shall
establish as a statewide program that provides. The program shall provide all of the following: (1)(A) The training that section 3107.014 of the Revised Code requires an assessor to complete;
(B) The preplacement training that sections 5103.031 and 5103.033 of the Revised Code require a prospective foster caregiver to complete;
(C) The continuing training that sections 5103.032 and 5103.033 of the Revised Code require a foster caregiver to complete; (D) The training that
section 5153.122 of the Revised Code requires public children
services agency caseworkers and supervisors a PCSA caseworker to complete; (2) The preplacement and continuing training
described in sections 5103.034, 5103.039, 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 (E) The training that section 5153.123 of the Revised Code requires a PCSA caseworker supervisor to complete.
(B) The program established pursuant to division (A) of this section shall be
called the "Ohio child welfare training
program."
Sec. 5103.301. The Ohio child welfare training program shall make its preplacement and continuing training provided under divisions (B) and (C) of section 5103.30 of the Revised Code available to a prospective foster caregiver or foster caregiver without regard to the type of recommending agency from which the prospective foster caregiver or foster caregiver seeks a recommendation.
Sec. 5103.302. The Ohio child welfare training program may condition a prospective foster caregiver or foster caregiver's enrollment in its preplacement and continuing training provided under divisions (B) and (C) of section 5103.30 of the Revised Code on the availability of space in the training if the prospective foster caregiver or foster caregiver's recommending agency is a private child placing agency or private noncustodial agency.
Sec. 5103.303. When the Ohio child welfare training program provides preplacement or continuing training to a prospective foster caregiver or foster caregiver whose recommending agency is a private child placing agency or private noncustodial agency, the department of job and family services shall not pay the Ohio child welfare training program the allowance the department would otherwise pay to the private child placing agency or private noncustodial agency under section 5103.0313 of the Revised Code for the training.
Sec. 5103.31. Training provided under section 5103.30 of the Revised Code shall provide the knowledge, skill, and ability needed to do the jobs that the training is for. The Ohio child welfare training program coordinator shall identify the competencies needed to do the jobs that the training is for so that the training helps the development of those competencies. In addition, the training shall do all of the following:
(A) In the case of the training provided under division (A) of section 5103.30 of the Revised Code, comply with the rules adopted under section 3107.015 of the Revised Code;
(B) In the case of the preplacement training provided under division (B) of section 5103.30 of the Revised Code, comply with section 5103.039 of the Revised Code and division (A) of section 5103.0311 of the Revised Code;
(C) In the case of the continuing training provided under division (C) of section 5103.30 of the Revised Code, comply with rules adopted under division (C) of section 5103.0316 of the Revised Code;
(D) In the case of the training provided under divisions (D) and (E) of section 5103.30 of the Revised Code, comply with rules adopted under section 5153.124 of the Revised Code.
Sec. 5153.78 5103.32. (A) As used in this section: (1)
"Title IV-B" means Title
IV-B of the
"Social
Security
Act
of 1967," 81 Stat.
821, 42 U.S.C. 620, as amended. (2)
"Title IV-E" means Title
IV-E of the
"Social Security
Act," 94 Stat. 501, 42 U.S.C.
670(1980). (3)
"Title XX" has the same meaning as in section 5101.46 of
the
Revised Code. (B) For purposes of
adequately funding the
Ohio child
welfare training program,
the department of job and family
services
may use
any of the
following: (1) The federal financial participation funds withheld
pursuant
to division (E) of section 5101.141 of the Revised
Code
in an amount determined by the department; (2) Funds available under Title
XX, Title IV-B, and Title
IV-E to pay for training costs; (3)
Other available state or federal funds; (4) Funds that a person, including a foundation, makes available for the program.
Sec. 5103.33. The director of job and family services shall adopt rules under Chapter 119. of the Revised Code as necessary to implement the Ohio child welfare training program.
Sec. 5103.34. The department of job and family services shall monitor and evaluate the Ohio child welfare training program to ensure that the program satisfies all of the requirements established by law enacted by the general assembly regarding the program and rules adopted under section 5103.33 of the Revised Code. As part of the monitoring and evaluation, the department shall ensure that the training provided under section 5103.30 of the Revised Code meets all of the requirements of section 5103.31 of the Revised Code, including the requirement that the training be competency based.
Sec. 5153.61 5103.35. Each fiscal biennium, the department of job and family
services shall contract with an entity to serve as the training
coordinator for the Ohio child welfare training program coordinator. The
training coordinator shall develop, implement, and manage the training
program. The department shall select the entity with which to contract from the
candidates selected pursuant to entities that submit a proposal that meets, as determined under section 5103.362 of the Revised Code, the requirements of the request for proposals issued under section 5153.63 5103.36 of the Revised
Code. A The department may contract with the entity the department contracted with the previous fiscal biennium even though no request for proposals is issued if, as specified in section 5103.361 of the Revised Code, a request for proposals is not required for the upcoming fiscal biennium. A contract entered into under this section shall be
effective on the first day of the fiscal biennium for which it is entered
into and terminate on the last day of that fiscal biennium. The contract shall require the coordinator to perform the duties specified in section 5103.37 of the Revised Code.
Sec. 5153.62 5103.36. Before the beginning of each fiscal biennium, the The
department of job and family services shall develop and issue or cause to be issued a request
for proposals for the development, implementation, and management, as
training coordinator, of an entity to serve as the Ohio child welfare training program
during the biennium coordinator. The department shall develop the request for proposals
in consultation with individuals designated solicited under section
5153.64 5103.365 of the Revised Code. The request for proposals shall explain the types of duties of the coordinator.
Sec. 5103.361. (A) Except as provided in division (B) of this section, the request for proposals required by section 5103.36 of the Revised Code shall be developed and issued before the beginning of each fiscal biennium.
(B) The department is not required to develop and issue or cause to be issued the request for proposals before the beginning of a fiscal biennium if both of the following are the case:
(1) The department developed and issued or caused to be issued such a request for proposals before at least one of the three previous fiscal biennia;
(2) The department and entity under contract to serve as the Ohio child welfare training program coordinator contract for that entity to continue serving as the coordinator for the upcoming fiscal biennium.
Sec. 5153.63 5103.362. Before the beginning of each fiscal biennium, After considering recommendations from the
individuals designated solicited under section 5153.64 5103.363 of the Revised
Code, the department of job and family services shall
review all responses to the determine which of the proposals received in response to a request for proposals issued under section
5153.62 5103.36 of the Revised Code for the biennium and recommend
to the
department of job and family services those entities that meet the
requirements of the
request.
Sec. 5153.64 5103.363. The director of job and family services shall
select solicit representatives from all of the following organizations to perform
the consultation and recommendation duties under sections 5153.62 5103.36
and 5153.63 5103.362 of the Revised Code: (A) Regional training centers established under section 5153.72 5103.42
of the Revised Code; (B) Staff of public children services agencies; (C) Staff of the state department of job and family services; (D) A statewide organization that represents the interests of public children services agencies.
Sec. 5153.65 5103.37. The entity contracted with to
serve as the training coordinator for the Ohio child welfare training
program coordinator
shall do all the following as part of its duties under pursuant to the
contract entered into under section 5103.35 of the Revised Code: (A) Administer Manage, coordinate, and evaluate all of the program's training program
activities under the program provided under section 5103.30 of the Revised Code; (B) Develop training curriculum, resources, and products for the training; (C) Provide fiscal management and technical assistance to
regional training centers established under section 5153.72 5103.42 of the
Revised Code; (D) Cooperate with the regional training centers to schedule
training sessions for the training, provide notices of the training sessions, and provide
training materials for the sessions; (E) Employ and compensate training session instructors for the training; (F) Create individual training needs assessment forms assessments for use
pursuant to sections 5153.75 5153.125 and 5153.76 5153.126 of the Revised
Code; (G) Provide staff for the Ohio child welfare training program steering committee established under section 5103.39 of the Revised Code; (H) Conduct any other activities necessary for the development,
implementation, and management of the training program as specified in the contract.
Sec. 5153.70 5103.38. The department of job and family services shall
oversee the operation of the entity contracted with under section 5153.61 of
the Revised Code regarding the Ohio child welfare training program coordinator's development, implementation,
and management of the Ohio
child welfare training program.
Sec. 5153.66 5103.39. The director of job and family services shall
establish the Ohio child welfare training program steering committee.
Sections
101.82 to 101.87 of
the Revised Code do not apply to the
committee.
Sec. 5153.67 5103.391. (A) The director of job and family services shall
appoint all of the following to serve on the Ohio child welfare training program steering committee: (1)(A) Employees of the department of job and family services;
(2) Representatives (B) One representative of each of the regional training centers established
under section 5153.72 5103.42 of the Revised Code;
(3) A (C) One representative of an a statewide
organization that represents the interests of public children
services agencies;
(4) A (D) One representative of the entity contracted with
to serve as the training coordinator for the Ohio child welfare
training program coordinator;
(5) Two employees (E) Employees of public children services
agencies.
(B) All initial
appointments required to be made under this section shall be made
no later than thirty days after the effective date of this
section.
The representative of an entity contracted with to serve as the
training coordinator shall serve on the committee until the department
of job and family services contracts with a different entity to serve as the
training
coordinator.
The entity under contract on the effective date of this section to
coordinate training for caseworkers and supervisors in the state shall be
considered the entity that contracts with the department to serve as the
training coordinator for the Ohio child welfare training
program.
Sec. 5103.40. The Ohio child welfare training program steering committee shall do all of the following:
(A) Following procedures the committee shall establish, adopt, amend, and rescind by-laws as necessary regarding the committee's governance, frequency of meetings, and other matters concerning the committee's operation;
(B) Conduct strategic planning activities regarding the Ohio child welfare training program;
(C) Provide the department of job and family services and Ohio child welfare training program coordinator recommendations regarding the program's operation;
(D) After reviewing individual training needs assessments completed under sections 5153.125 and 5153.126 of the Revised Code, consult with the Ohio child welfare training program coordinator on the design and content of the training that the program provides pursuant to divisions (D) and (E) of section 5103.30 of the Revised Code;
(E) Review curricula created for the training provided under section 5103.30 of the Revised Code;
(F) Provide the department recommendations regarding the curricula reviewed under division (E) of this section as the committee determines necessary for the training to be relevant to the needs of the child welfare field;
(G) Evaluate the training and provide the department recommendations as the committee determines necessary for the training to be able to enable all of the following:
(1) Assessors to satisfy the training requirement of section 3107.014 of the Revised Code;
(2) Prospective foster caregivers and foster caregivers to satisfy the preplacement and continuing training requirements of sections 5103.031, 5103.032, and 5103.033 of the Revised Code;
(3) PCSA caseworkers to satisfy the training requirements of section 5153.122 of the Revised Code;
(4) PCSA caseworker supervisors to satisfy the training requirements of section 5153.123 of the Revised Code.
Sec. 5153.71 5103.41. Prior to the beginning of the fiscal biennium that first
follows
the effective date of this section October 5,
2000, the department of job and family services, in consultation with the Ohio child welfare
training program steering committee, shall designate eight training regions in
the
state. The department, at times it selects, shall review the composition of the training regions. The committee, at times it selects, shall also review the training regions' composition and provide the department recommendations on changes. The department may change the composition of the training regions as needed the department considers necessary.
Each training region shall contain only one regional training
center established and maintained under section 5153.72 5103.42 of the
Revised Code.
Sec. 5153.72 5103.42. Prior to the beginning of the fiscal biennium that first
follows
October 5,
2000, the public children services agencies of Athens, Cuyahoga,
Franklin, Greene, Guernsey, Hamilton,
Lucas, and Summit counties shall each establish and maintain
a regional training center. At any time after the beginning
of that biennium, the department of job and family services, on the
recommendation of the Ohio child welfare training program
steering committee, may direct a public children services agency
to establish and maintain a training center to replace the center established
by an agency under this section. There may be no more and no less than eight
centers in existence at any time. The department may make a grant to a public children services agency that establishes and maintains a regional training center under this section for the purpose of wholly or partially subsidizing the operation of the center. The department shall specify in the grant all of the center's duties, including the duties specified in section 5103.422 of the Revised Code.
Sec. 5153.73 5103.421. The executive director of each public children
services agency required to establish and maintain a regional training
center shall appoint a manager to operate the training center in
accordance with section 5153.74 5103.422 of the Revised Code.
Sec. 5153.74 5103.422. A regional training center's responsibilities shall include all of
the
following: (A) Secure Securing facilities suitable for conducting the training programs
and sessions provided under section 5103.30 of the Revised Code; (B) Provide Providing administrative services and pay paying all administrative
costs related to the conduct of the training programs and sessions; (C) Maintain Maintaining a database of the data contained in the individual
training needs assessments
for each PCSA caseworker and PCSA caseworker supervisor employed by a public children
services agency located in the training region served by the
center; (D) Assess Analyzing training needs of PCSA caseworkers and PCSA caseworker supervisors employed
by a public children services agency located in
the training
region served by the center; (E) Cooperate with Coordinating the entity contracted with
under section 5153.61 of the Revised Code in coordinating
training programs and sessions at the center with the Ohio child welfare training program coordinator.
Sec. 5104.01. As used in this chapter: (A)
"Administrator" means the person responsible for the
daily operation of a center or type A home. The administrator
and
the owner may be the same person. (B)
"Approved child day camp" means a child day camp
approved pursuant to section 5104.22 of the Revised Code. (C)
"Authorized provider" means a person authorized by a
county director of job and family services to operate a
certified
type B family day-care home. (D)
"Border state child care provider" means a child
care
provider
that is located in a state bordering Ohio and
that is licensed,
certified,
or otherwise approved by that state
to provide child care. (E)
"Caretaker parent" means the father or mother of a
child
whose presence in the home is needed as the caretaker of
the
child, a person who has legal custody of a child and whose
presence in the home is needed as the caretaker of the child, a
guardian of a child whose presence in the home is needed as the
caretaker of the child, and any other person who stands in loco
parentis with respect to the child and whose presence in the home
is needed as the caretaker of the child. (F)
"Certified type B family day-care home" and
"certified
type B home" mean a type B family day-care home
that is certified
by the director of the county department of
job and family
services pursuant to section 5104.11 of the Revised Code
to
receive public funds for providing child care pursuant to this
chapter
and
any rules adopted under it. (G)
"Chartered nonpublic school" means a school that
meets
standards for nonpublic schools prescribed by the state
board of
education for nonpublic schools pursuant to section
3301.07 of the
Revised Code. (H)
"Child" includes an infant, toddler, preschool child,
or
school child. (I)
"Child care block grant act" means the
"Child
Care and
Development Block Grant
Act of 1990," established in section 5082
of the
"Omnibus
Budget Reconciliation Act of 1990," 104
Stat.
1388-236 (1990), 42
U.S.C. 9858, as
amended. (J)
"Child day camp" means a program in which only school
children attend or participate, that operates for no more than
seven hours per day, that operates only during one or more public
school district's regular vacation periods or for no more than
fifteen weeks during the summer, and that operates outdoor
activities for each child who attends or participates in the
program for a minimum of fifty per cent of each day that children
attend or participate in the program, except for any day when
hazardous weather conditions prevent the program from operating
outdoor activities for a minimum of fifty per cent of that day.
For purposes of this division, the maximum seven hours of
operation time does not include transportation time from a
child's
home to a child day camp and from a child day camp to a
child's
home. (K)
"Child care" means administering to the needs of
infants, toddlers, preschool children, and school
children outside
of school hours by persons other than their parents or
guardians,
custodians, or relatives by blood, marriage, or
adoption for any
part of the twenty-four-hour day in a place or
residence other
than a child's own home.
(L)
"Child day-care center" and
"center" mean any place
in
which child care or publicly funded child care is
provided
for thirteen or more children at one time or any place
that is not
the permanent residence of the licensee or
administrator in which
child care or publicly funded child
care is provided for
seven to twelve children at one time.
In counting children for
the purposes of this division, any
children under six years of age
who are related to a licensee,
administrator, or employee and who
are on the premises of the
center shall be counted.
"Child
day-care center" and
"center" do
not include any of the following: (1) A place located in and operated by a hospital, as
defined in section 3727.01 of the Revised Code, in which the
needs
of children are administered to, if all the children whose
needs
are being administered to are monitored under the on-site
supervision of a physician licensed under Chapter 4731.
of the
Revised Code or a
registered nurse licensed under Chapter 4723.
of
the Revised Code, and the services are provided only for
children
who, in the opinion of the child's parent, guardian, or
custodian,
are exhibiting symptoms of a communicable disease or
other illness
or are injured; (2) A child day camp; (3) A place that provides child care, but
not publicly
funded child care, if all of the
following apply: (a) An organized religious body
provides the child care; (b) A parent, custodian, or guardian of at least one
child
receiving child care is on the
premises and readily accessible
at all times; (c) The child care is not provided for more than thirty
days
a year; (d) The child care is provided only for preschool and
school
children. (M)
"Child care resource and referral service
organization"
means a community-based nonprofit organization that
provides child care
resource and referral services but not
child care. (N)
"Child care resource and referral services" means
all of the following services: (1) Maintenance of a uniform data base of all child
care
providers in the community that are in compliance with
this
chapter, including current occupancy and vacancy data; (2) Provision of individualized consumer education to
families seeking child care; (3) Provision of timely referrals of available child
care providers to families seeking child care; (4) Recruitment of child care providers; (5) Assistance in the development, conduct, and
dissemination of training
for child care providers
and
provision of technical assistance to current and potential
child
care providers, employers, and the community; (6) Collection and analysis of data on the supply of and
demand for child care in the community; (7) Technical assistance concerning locally, state, and
federally funded
child care and early childhood education
programs; (8) Stimulation of employer involvement in making child
care more affordable, more available, safer, and of higher
quality for their employees and for the community; (9) Provision of written educational materials to
caretaker
parents and informational resources to child care
providers; (10) Coordination of services among child care resource
and referral
service organizations to assist in developing and
maintaining a statewide
system of child care resource and
referral services if required by the
department of job and family
services; (11) Cooperation with the county department of job and
family services in encouraging the establishment of parent
cooperative
child care centers and parent cooperative type
A
family day-care homes. (O)
"Child-care staff member" means an employee of a
child
day-care center or type A family day-care home who is
primarily
responsible for the care and supervision of children.
The
administrator may be a part-time child-care staff member when
not
involved in other duties. (P)
"Drop-in child day-care center,"
"drop-in center,"
"drop-in type A family day-care home," and
"drop-in type A
home"
mean a center or type A home that provides child care or
publicly funded child care for children on a temporary,
irregular basis. (Q)
"Employee" means a person who either: (1) Receives compensation for duties performed in a child
day-care center or type A family day-care home; (2) Is assigned specific working hours or duties in a
child
day-care center or type A family day-care home. (R)
"Employer" means a person, firm, institution,
organization, or agency that operates a child day-care center or
type A family day-care home subject to licensure under this
chapter. (S)
"Federal poverty line" means the official poverty
guideline as revised annually in accordance with section 673(2)
of
the
"Omnibus Budget Reconciliation Act
of 1981," 95 Stat. 511, 42
U.S.C. 9902, as amended,
for a family size
equal to the size of
the family of the person whose income is being
determined. (T)
"Head start program" means a comprehensive child
development program that receives funds distributed under the
"Head Start Act," 95 Stat. 499 (1981), 42
U.S.C.A. 9831,
as
amended, and is licensed as a child day-care center. (U)
"Income" means gross income, as defined in section
5107.10
of the Revised Code, less any amounts required by federal
statutes or
regulations to be
disregarded. (V)
"Indicator checklist" means an inspection tool, used
in
conjunction with an instrument-based program monitoring
information system,
that contains selected licensing requirements
that are statistically reliable
indicators or predictors of a
child day-care center or type A family
day-care home's compliance
with licensing requirements. (W)
"Infant" means a child who is less than
eighteen months
of age. (X)
"In-home aide" means a person who does not reside with the child but provides care in the child's home and is certified by a county
director of job and family services pursuant to section
5104.12 of
the Revised Code
to provide publicly funded child care to a
child
in a child's own home pursuant to this chapter and any rules
adopted under it. (Y)
"Instrument-based program monitoring information
system"
means a method to assess compliance with licensing requirements
for child
day-care centers and type A family day-care homes in
which each
licensing requirement is assigned a weight indicative
of the relative
importance of the requirement to the health,
growth, and safety of the
children that is used to develop an
indicator checklist. (Z)
"License capacity" means the maximum number in each
age
category of children who may be cared for in a child day-care
center
or type A family day-care home at one time as determined by
the
director of job and family services considering building
occupancy limits
established by the department of commerce, number
of available child-care
staff members, amount of available indoor
floor space and outdoor play space,
and amount of available play
equipment, materials, and supplies. (AA)
"Licensed preschool program" or
"licensed school
child
program" means a preschool program or school child program,
as
defined in section 3301.52 of the Revised Code, that is
licensed
by the department of education pursuant to sections
3301.52 to
3301.59 of the Revised Code. (BB)
"Licensee" means the owner of a child day-care
center
or type A family day-care home that is licensed pursuant to this
chapter and who is responsible for ensuring its compliance with
this chapter and rules adopted pursuant to this chapter. (CC)
"Operate a child day camp" means to operate,
establish,
manage, conduct, or maintain a child day camp. (DD)
"Owner" includes a person, as defined in section
1.59
of the Revised Code, or government entity. (EE)
"Parent cooperative child day-care center,"
"parent
cooperative center,"
"parent cooperative type A family day-care
home," and
"parent cooperative type A home" mean a corporation or
association organized for providing educational services to the
children of members of the corporation or association, without
gain to the corporation or association as an entity, in which the
services of the corporation or association are provided only to
children of the members of the corporation or association,
ownership and control of the corporation or association rests
solely with the members of the corporation or association, and at
least one parent-member of the corporation or association is on
the premises of the center or type A home during its hours of
operation. (FF)
"Part-time child day-care center,"
"part-time
center,"
"part-time type A family day-care home," and
"part-time type
A
home" mean a center or type A home that provides child
care or
publicly funded child care for no more than four hours a day
for any child. (GG)
"Place of worship" means a building where
activities of
an organized religious group are conducted and includes the
grounds and any other buildings on the grounds used for such
activities. (HH)
"Preschool child" means a child who is three years
old
or
older but is not a school child. (II)
"Protective child care" means publicly funded child
care for the direct care and protection of a child to whom
either of the following applies: (1) A case plan prepared and maintained for the child
pursuant to section 2151.412 of the Revised Code indicates a need
for protective care and the child resides with a parent,
stepparent, guardian, or another person who stands in loco
parentis as defined in rules adopted under section 5104.38 of the
Revised Code; (2) The child and the child's caretaker either temporarily
reside
in a facility providing emergency shelter for homeless
families
or are determined by the county department of job and
family services to be homeless, and are otherwise ineligible for
publicly
funded
child care. (JJ)
"Publicly funded child care" means
administering
to
the needs of infants, toddlers, preschool
children, and school
children under age thirteen during
any part of the
twenty-four-hour day by
persons other than their caretaker parents
for remuneration
wholly or in part with federal or state funds,
including funds available under the child care
block grant act, Title IV-A, and Title XX, distributed by the
department of job and family services.
(KK)
"Religious activities" means any of the following:
worship or other religious services; religious instruction; Sunday
school classes or other religious classes conducted during or
prior to
worship
or other religious services; youth or adult
fellowship
activities; choir or other musical group practices or
programs;
meals; festivals; or meetings conducted by an organized
religious
group. (LL)
"School child" means a child who is enrolled in or
is
eligible to be enrolled in a grade of kindergarten or above but
is
less than fifteen years old. (MM)
"School child day-care center,"
"school child
center,"
"school child type A family day-care home," and
"school child
type
A family home" mean a center or type A home that
provides
child
care for school children only and that does either or
both of
the following: (1) Operates only during that part of the day that
immediately precedes or follows the public school day of the
school district in which the center or type A home is located; (2) Operates only when the public schools in the school
district in which the center or type A home is located are not
open for instruction with pupils in attendance. (NN)
"State median income" means the state median income
calculated by the department of development pursuant to division
(A)(1)(g) of section 5709.61 of the Revised Code. (OO)
"Title IV-A" means Title IV-A of the "Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended. (PP) "Title XX" means Title XX of the "Social Security Act," 88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended. (QQ) "Toddler" means a child who is at least eighteen
months
of age but less than three years of age. (RR)
"Type A family day-care home" and
"type A home"
mean a
permanent residence of the administrator in which child care
or publicly funded child care is provided for seven to twelve
children at one time or a permanent residence of the
administrator
in which child care is provided for four to
twelve children at
one time if four or more children at one time
are under two years
of age. In counting children for the
purposes of this division,
any children under six years of age
who are related to a licensee,
administrator, or employee and who
are on the premises of the type
A home shall be counted.
"Type A
family day-care home" does not
include a residence in which the
needs of children are
administered to, if all of the children
whose needs are being
administered to are siblings of the same
immediate family and the
residence is the home of the siblings.
"Type A family day-care
home" and
"type A home" do not include
any child day camp. (SS)
"Type B family day-care home" and
"type B home" mean
a
permanent residence of the provider in which child care is
provided for one to six children at one time and in which no more
than three children are under two years of age at one time. In
counting children for the purposes of this division, any children
under six years of age who are related to the provider and who
are
on the premises of the type B home shall be counted.
"Type B
family day-care home" does not include a residence in which the
needs of children are administered to, if all of the children
whose needs are being administered to are siblings of the same
immediate family and the residence is the home of the siblings.
"Type B family day-care home" and
"type B home" do not include
any
child day camp.
Sec. 5104.11. (A)(1) Every person desiring to receive certification for a type B family day-care home to provide publicly funded child care shall apply for certification to the county director of job and family services on such forms as the director of job and family services prescribes. The county director shall provide at no charge to each applicant a copy of rules for certifying type B family day-care homes adopted pursuant to this chapter. (2) Except as provided in division
(G)(1) of section 5104.011 of the Revised Code, after receipt of an
application for certification from a type B family day-care home,
the county director of job and family services shall
inspect the home. If
it complies with this chapter and any applicable rules adopted under
this chapter, the county department shall certify the type B family
day-care home to provide
publicly funded child care pursuant to this chapter and any
rules adopted under it. The director of job and family
services or a
county director of job and family services may contract
with a government entity
or a private nonprofit entity for that entity to
inspect and certify type B family day-care homes pursuant to this
section. The county department of job and family
services, government entity, or nonprofit
entity shall conduct the inspection prior to the issuance of a
certificate for the type B home and, as part of that inspection,
ensure that the type B home is safe and sanitary. (3)(a) On receipt of an application for certification for a type B family day-care home to provide publicly funded child care or for renewal of such certification, the county department shall request from the public children services agency both of the following information concerning any abuse or neglect report made pursuant to section 2151.421 of the Revised Code of which the applicant, any other adult residing in the applicant's home, or a person designated by the applicant to be an emergency or substitute caregiver for the applicant is the subject. The: (i) The public children services agency, until the county department is notified by the department of job and family services that the uniform statewide automated child welfare information system has been finalized statewide; (ii) Upon receipt of notification under division (D) of section 5101.13 of the Revised Code that the uniform statewide automated child welfare information system has been implemented statewide, the uniform statewide automated child welfare information system via the department. (b) The county department shall consider any information provided by the agency or the department pursuant to section 5153.175 of the Revised Code. If the county department determines that the information, when viewed within the totality of the circumstances, reasonably leads to the conclusion that the applicant may directly or indirectly endanger the health, safety, or welfare of children, the county department shall deny the application for certification or renewal of certification, or revoke the certification of an authorized provider. (c) As used in division (A)(3) of this section, "public children services agency" means either an entity separate from the county department or the part of the county department that serves as the county's public children services agency, as appropriate. (4) Except as provided in division (A)(5) of this
section, an
authorized provider of a type B family day-care home that
receives a certificate pursuant to this section to provide publicly funded child care is an independent contractor and
is not an employee of the county department of job and
family services that issues the certificate. (5) For purposes of Chapter 4141. of the
Revised Code,
determinations concerning the employment of an authorized provider of a
type B family day-care home that receives a certificate
pursuant to this section shall be determined under Chapter 4141.
of the Revised Code. (B) If the county director of job and family services
determines
that the type B family day-care home complies with this chapter
and any rules adopted under it, the county director shall
issue to the provider a certificate to provide publicly funded child care, which certificate is valid for twelve
months, unless revoked earlier. The county director may revoke the certificate after determining
that revocation is necessary. The
authorized provider
shall post the certificate in a conspicuous place in the
certified type B home that is accessible to parents, custodians,
or guardians at all times. The certificate shall state the name
and address of the authorized provider, the maximum number of
children who may be cared for at any one time in the certified
type B home, the expiration date of the certification, and the
name and telephone number of the county director who issued the
certificate. (C)(1) The county director shall inspect every certified type
B family day-care home at least twice within each twelve-month
period of the operation of the certified type B home. A minimum
of one inspection shall be unannounced and all inspections may be
unannounced. Upon receipt of a complaint, the county director
shall investigate the certified type B home, and division (C)(2) of this section applies regarding the complaint. The
authorized provider shall permit the county director to inspect
any part of the certified type B home. The county director shall
prepare a written inspection report and furnish one copy to the
authorized provider within a reasonable time after the
inspection. (2) Upon receipt of a complaint as described in division (C)(1) of this section, in addition to the investigation that is required under that division, both of the following apply:
(a) If the complaint alleges that a child suffered physical harm while receiving child care at the certified type B family day-care home or that the noncompliance with law or act alleged in the complaint involved, resulted in, or poses a substantial risk of physical harm to a child receiving child care at the home, the county director shall inspect the home.
(b) If division (C)(2)(a) of this section does not apply regarding the complaint, the county director may inspect the certified type B family day-care home.
(3) Division (C)(2) of this section does not limit, restrict, or negate any duty of the county director to inspect a certified type B family day-care home that otherwise is imposed under this section, or any authority of the county director to inspect a home that otherwise is granted under this section when the county director believes the inspection is necessary and it is permitted under the grant. (D) The county director of job and family services, in
accordance
with rules adopted pursuant to section 5104.052 of the Revised
Code regarding fire safety and fire prevention, shall inspect
each type B home that applies to be certified that is providing
or is to provide publicly funded child care. (E) All materials that are supplied by the department of job
and family services to type A family day-care home providers, type B
family day-care home providers, in-home aides, persons who desire
to be type A family day-care home providers, type B family
day-care home providers, or in-home aides, and caretaker parents
shall be written at no higher than the sixth grade reading level.
The department may employ a readability expert to verify its
compliance with this division.
Sec. 5104.31. (A) Publicly funded child care may be provided
only by the following: (A)(1) A child
day-care center or type A family day-care home, including a parent
cooperative child day-care center or parent cooperative type A
family day-care home, licensed by the
department of
job and family services pursuant to section 5104.03 of the
Revised Code;
(B)(2) A type B family day-care home certified by the county department of
job and family services pursuant to
section 5104.11 of the Revised Code;
(C)(3) A type B family day-care home
that has received a limited certification pursuant to rules adopted under
division (G)(1) of section 5104.011 of the Revised Code;
(D)(4) An in-home aide who has been certified by the county department of
job and family services pursuant to section 5104.12 of the
Revised Code;
(E)(5) A child day camp approved pursuant to section
5104.22 of the
Revised Code;
(F)(6) A licensed preschool program;
(G)(7) A licensed school
child program;
(H)(8) A border state child care provider, except that a border
state child care provider may provide publicly funded child care only
to an individual who resides in an Ohio county that borders the state
in which the provider is located.
(B) Publicly funded child day-care may be provided in a child's own home only by an in-home aide.
Sec. 5153.01. (A) As used in the Revised Code, "public
children services agency" means an entity specified in section 5153.02 of the
Revised Code that has assumed
the powers and duties of the children services function
prescribed by this chapter for a county. (B) As used in this chapter: (1) "Certified foster home" means a foster
home,
as defined in section 5103.02 of the Revised Code,
certified under
section 5103.03 of the Revised Code. (2) "Certified organization" means any organization
holding a
certificate issued pursuant to section 5103.03 of the
Revised Code that is in full force and effect. (3) "Child" means any person under eighteen years of age
or a mentally or physically handicapped person, as defined by
rule adopted by the director of
job and family services, under twenty-one years
of age. (4) "Executive director" means the person charged with the
responsibility of administering the powers and duties of a public children
services agency appointed
pursuant to section 5153.10 of the Revised Code. (5) "Organization" means any public, semipublic, or
private
institution, including maternity homes and day nurseries, and
any private association, society, or agency, located or
operating in this state, incorporated or unincorporated, having
among its functions the furnishing of protective services or
care for children or the placement of children in certified foster
homes
or elsewhere.
(6) "PCSA caseworker" means an individual employed by a public children services agency as a caseworker.
(7) "PCSA caseworker supervisor" means an individual employed by a public children services agency to supervise PCSA caseworkers.
Sec. 5153.111. (A)(1) The executive director of a public
children services agency shall request the superintendent of the
bureau of criminal identification and investigation to conduct a
criminal records check with respect to any applicant who has
applied to the agency for employment as a person responsible for
the care, custody, or control of a child. If the applicant does
not present proof that the applicant 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 has
requested information about the applicant from the federal bureau of
investigation in a criminal records check, the executive director
shall request that the superintendent obtain information from the
federal bureau of investigation as a part of the criminal records
check for the applicant. If the applicant presents proof that
the applicant has been a resident of this state for that
five-year period, the executive director may request that the
superintendent include information from the federal bureau of
investigation in the criminal records check. (2) Any person required by division (A)(1) of this section
to request a criminal records check shall provide to each
applicant a copy of the form prescribed pursuant to division
(C)(1) of section 109.572 of the Revised Code, provide to each
applicant 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 each applicant, and forward the completed
form and impression sheet to the superintendent of the bureau of
criminal identification and investigation at the time the person
requests a criminal records check pursuant to division (A)(1) of
this section. (3) Any applicant who receives pursuant to division (A)(2)
of this section 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 applicant's
fingerprints. If an applicant, upon request, fails to provide
the information necessary to complete the form or fails to
provide impressions of the applicant's fingerprints, that
agency shall not employ that applicant for any position for which a criminal
records check is required by division (A)(1) of this section. (B)(1) Except as provided in rules adopted by the
director of job and family
services in accordance with division (E) of
this section, no public children services agency shall employ a
person as a person responsible for the care, custody, or control
of a child if the person 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, 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 occurred 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 or violations described in division (B)(1)(a)
of this section. (2) A public children services agency may employ an
applicant conditionally until the criminal records check required
by this section is completed and the agency receives the results
of the criminal records check. If the results of the criminal
records check indicate that, pursuant to division (B)(1) of this
section, the applicant does not qualify for employment, the
agency shall release the applicant from employment. (C)(1) Each public children services agency 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 the request pursuant to
division (A)(1) of this section of the executive director of the
agency. (2) A public children services agency may charge an
applicant a fee for the costs it incurs in obtaining a criminal
records check under this section. A fee charged under this
division shall not exceed the amount of fees the agency pays
under division (C)(1) of this section. If a fee is charged under
this division, the agency shall notify the applicant at the time
of the applicant's initial application for employment of the amount of the
fee and that, unless the fee is paid, the agency will
not consider the applicant for employment. (D) 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 under division (A)(1) 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
applicant who is the subject of the criminal records check or the applicant's
representative, the public children services agency requesting
the criminal records check or its representative, and any court,
hearing officer, or other necessary individual involved in a case
dealing with the denial of employment to the applicant. (E) The director of job and
family services shall adopt rules
pursuant to Chapter 119. of the Revised Code to implement this
section, including rules specifying circumstances under which a
public children services agency may hire a person who has been
convicted of an offense listed in division (B)(1) of this section
but who meets standards in regard to rehabilitation set by the
department. (F) Any person required by division (A)(1) of this section
to request a criminal records check shall inform each person, at
the time of the person's initial application for employment, that the person
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 if the person comes under final consideration for
appointment or employment as a precondition to employment for
that position. (G) As used in this section: (1) "Applicant" means a person who is under final
consideration for appointment or employment in a position with
the agency as a person responsible for the care, custody, or
control of a child. (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.
Sec. 5153.122. (A) Each PCSA caseworker hired by a public children
services agency after January 1, 2007, shall complete at least ninety one hundred two hours of in-service training
during the first year of the caseworker's continuous employment as a PCSA caseworker, except that the executive director of the public children services agency may waive the training requirement for a school of social work graduate who participated in the university partnership program described in division (D) of section 5101.141 of the Revised Code. The training
shall consist of courses in recognizing, accepting reports of, and preventing child abuse and,
neglect, and dependency; assessing
risks, child safety; assessing risks; interviewing persons,; investigating cases,; intervening,; providing
services to children and their families,; the importance of and need for accurate data; preparation for court; maintenance of case record information; and other topics relevant to child
abuse and, neglect, and dependency. The training shall also include courses in the legal duties of PCSA caseworkers to protect the constitutional and statutory rights of children and families from the initial time of contact during investigation through treatment that shall include instruction regarding parents' rights and the limitations that the Fourth Amendment to the United States Constitution places upon caseworkers and their investigations. After the a PCSA caseworker's first year of continuous employment as a PCSA caseworker, each the
caseworker annually shall complete thirty-six hours of training in areas
relevant to the caseworker's assigned duties. (B) Each supervisor hired by a public children services agency
shall complete at least sixty hours of in-service training during the first
year of the supervisor's continuous employment in that position. After the
first year of continuous employment as a supervisor, the supervisor annually
shall complete thirty hours of training in areas relevant to the supervisor's
assigned duties.
(C) The director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code as necessary to implement the training requirements of this section.
During the first two years of continuous employment as a PCSA caseworker, each PCSA caseworker shall complete at least twelve hours of training in recognizing the signs of domestic violence and its relationship to child abuse as established in rules the director of job and family services shall adopt pursuant to Chapter 119. of the Revised Code. The twelve hours may be in addition to the ninety hours of training required during the caseworker's first year of employment or part of the thirty-six hours of training required during the second year of employment.
Sec. 5153.123. Each PCSA caseworker supervisor shall complete at least sixty hours of in-service training during the first year of the supervisor's continuous employment as a PCSA caseworker supervisor. The training shall include courses in screening reports of child abuse, neglect, or dependency. After a PCSA caseworker supervisor's first year of continuous employment as a PCSA caseworker supervisor, the supervisor annually shall complete thirty hours of training in areas relevant to the supervisor's assigned duties. During the first two years of continuous employment as a PCSA caseworker supervisor, each PCSA caseworker supervisor shall complete at least twelve hours of training in recognizing the signs of domestic violence and its relationship to child abuse as established in rules the director of job and family services shall adopt pursuant to Chapter 119. of the Revised Code. The twelve hours may be in addition to the sixty hours of training required during the supervisor's first year of employment or part of the thirty hours of training required during the second year of employment.
Sec. 5153.124. (A) The director of job and family services shall adopt rules as necessary to implement the training requirements of sections 5153.122 and 5153.123 of the Revised Code. (B) Notwithstanding sections 5103.33 to 5103.422 and sections 5153.122 to 5153.127 of the Revised Code, the department of job and family services may require additional training for PCSA caseworkers and PCSA caseworker supervisors as necessary to comply with federal requirements.
Sec. 5153.75 5153.125. Each PCSA caseworker supervisor employed by a public children
services agency that supervises the work of a caseworker employed by the
agency shall work with the each PCSA caseworker the supervisor supervises to determine the
caseworker's training needs in accordance with, and ensure the
caseworker's compliance with, the training requirements of section
5153.122 of the Revised Code. Once every two years, each PCSA caseworker and the caseworker's
supervisor shall jointly complete
an the caseworker's individual training needs assessment form
created
under section 5153.65 5103.37 of the Revised Code for each
caseworker.
Sec. 5153.76 5153.126. The executive director of each public children
services agency or a person designated by the executive director shall work
with each PCSA caseworker supervisor employed
by the agency to determine the supervisor's training needs in accordance
with, and ensure the supervisor's compliance with, the training
requirements of section 5153.122 5153.123 of the Revised Code. Once
every two years, each PCSA caseworker supervisor and the
executive director of the public children services agency employing the supervisor, or designated the person designated by the executive director, shall jointly complete
an the supervisor's individual training needs
assessment form created under section 5153.65 5103.37 of the
Revised Code for each supervisor.
Sec. 5153.77 5153.127. The executive director of each public children
services agency or a person designated by the executive director shall collect
and maintain the data from individual training
needs assessment
forms assessments completed under sections 5153.75 5153.125 and 5153.76 5153.126 of the Revised
Code for each PCSA caseworker and PCSA caseworker supervisor and case worker employed
by the agency. The executive director or designated person shall compile and forward
the data collected from the completed
assessment forms assessments to the regional training center located in established under section 5103.42 of the Revised Code for the
same training region as the agency is located in.
Sec. 5153.16. (A) Except as provided in section 2151.422
of
the Revised
Code, in accordance with rules of the department of
job and family
services adopted under section 5153.166 of the Revised Code, and on
behalf of children in the county
whom the
public children services agency considers to be in need
of public care
or protective services, the public children
services agency shall do all of
the following: (1) Make an investigation concerning any child alleged to be
an abused,
neglected, or dependent child; (2) Enter into agreements with the parent, guardian, or
other person having legal custody of any child, or with the
department of job and family services, department of mental
health,
department of mental retardation and developmental
disabilities,
other department, any certified organization within
or outside
the county, or any agency or institution outside the
state,
having legal custody of any child, with respect to the
custody,
care, or placement of any child, or with respect to any
matter, in the interests of the child, provided the permanent
custody of a child shall not be transferred by a parent to the
public children services agency
without the consent of the
juvenile court; (3) Accept custody of children committed to the public
children services
agency by a court
exercising juvenile
jurisdiction; (4) Provide such care as the
public children services agency
considers to be in the best interests
of any child adjudicated to
be an abused, neglected, or dependent child
the agency
finds to be
in need of public care or service; (5) Provide social services to any unmarried girl
adjudicated to be
an abused, neglected, or dependent child who is
pregnant with or has been
delivered of a child; (6) Make available to the bureau for children with medical
handicaps of the department of health at its request any
information concerning a crippled child found to be in need of
treatment under sections 3701.021 to 3701.028 of the Revised Code
who is receiving services from the public
children services
agency; (7) Provide temporary emergency care for any child
considered by the public children
services agency to be in need of
such care, without agreement or
commitment; (8) Find certified foster homes, within or outside the
county, for the care of children, including handicapped children
from other counties attending special schools in the county; (9) Subject to the approval of the board of county
commissioners and the state department of job and family services,
establish and operate a training school or enter into an
agreement
with any municipal corporation or other political
subdivision of
the county respecting the operation, acquisition,
or maintenance
of any children's home, training school, or other
institution for
the care of children maintained by such municipal
corporation or
political subdivision; (10) Acquire and operate a county children's home,
establish, maintain, and operate a receiving home for the
temporary care of children, or procure certified foster
homes for
this purpose; (11) Enter into an agreement with the trustees of any
district children's home, respecting the operation of the
district
children's home in cooperation with the other county
boards in the
district; (12) Cooperate with, make its services available to, and
act
as the agent of persons, courts, the department of job and family
services, the department of health, and other organizations
within
and outside the state, in matters relating to the welfare
of
children, except that the public children services agency shall
not be required to provide supervision of or other services
related to the
exercise of parenting time rights granted pursuant
to section 3109.051 or 3109.12 of the Revised Code or
companionship or visitation rights
granted pursuant to section
3109.051, 3109.11, or 3109.12 of the
Revised Code unless a
juvenile court, pursuant to Chapter 2151. of
the Revised
Code, or
a common pleas court, pursuant to division
(E)(6)
of section
3113.31 of the Revised Code, requires the
provision of
supervision
or other
services related
to the exercise
of the parenting time
rights or companionship or visitation rights; (13) Make investigations at the request of any
superintendent of schools in the county or the principal of any
school concerning the application of any child adjudicated to be
an abused,
neglected, or dependent child for release from school,
where such service
is not provided through a school attendance
department; (14) Administer funds provided under Title IV-E of the
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as
amended, in accordance with rules adopted under section 5101.141
of the Revised
Code; (15) In addition to administering Title IV-E adoption
assistance funds, enter into agreements to make adoption
assistance payments under section 5153.163 of the Revised Code; (16) Implement a system of safety and risk assessment, in accordance
with
rules adopted by the director of
job and family
services, to
assist the public
children services agency in determining the risk
of abuse or neglect to a
child; (17) Enter into a plan of cooperation with the board of
county commissioners under section 307.983 of the Revised Code and
comply with
each fiscal agreement the board enters into under
section 307.98 of the
Revised Code that include family services duties of public children services agencies and contracts the board enters
into under sections 307.981 and
307.982 of the Revised Code that
affect the public children services
agency; (18) Make reasonable efforts to prevent the removal of an
alleged or
adjudicated abused, neglected, or dependent child from
the child's home,
eliminate the continued removal of the child
from the child's home, or make it
possible for the child to return
home safely, except that reasonable
efforts of that nature are not
required when a court has made a determination
under
division
(A)(2) of section 2151.419 of the Revised Code; (19) Make reasonable efforts to place the child in a
timely
manner in accordance with the permanency plan approved
under
division (E) of section
2151.417 of the Revised Code and to
complete whatever
steps are necessary to finalize the permanent
placement of the
child; (20) Administer a Title IV-A program identified under
division (A)(4)(c) or (f) of section 5101.80 of the Revised Code
that the department of job and family services provides for the
public children services agency to administer under the
department's supervision pursuant to section 5101.801 of the
Revised Code; (21) Administer the kinship permanency incentive program created under section 5101.802 of the Revised Code under the supervision of the director of job and family services; (22) Provide independent living services pursuant to sections
2151.81 to 2151.84 of the Revised Code. (B) The public children services agency shall use the system
implemented pursuant to division (B)(A)(16) of this section in
connection with an investigation undertaken pursuant to division
(F)(1) of section 2151.421 of the Revised Code and
may use the
system at any other time the agency is involved with any child
when the agency determines that risk assessment is necessary to assess both of the following: (1) The ongoing safety of the child; (2) The appropriateness of the intensity and duration of the services provided to meet child and family needs throughout the duration of a case. (C) Except as provided in section 2151.422 of the Revised
Code,
in accordance with rules of the director of
job and family
services, and on
behalf of children in the county whom the public
children services agency
considers to be in need of public care or
protective services, the public
children services agency may do
the following: (1) Provide or find, with other
child serving systems,
specialized foster care for the care of children in a
specialized
foster home, as defined in section 5103.02 of the Revised
Code,
certified under section 5103.03 of the Revised Code; (2)(a) Except as limited by divisions (C)(2)(b) and
(c) of
this section, contract with the following for the purpose of
assisting
the agency with its duties: (i) County departments of job and family services; (ii) Boards of alcohol, drug addiction, and mental
health
services; (iii) County boards of mental retardation and
developmental
disabilities; (iv) Regional councils of political subdivisions
established
under Chapter 167. of the Revised Code; (v) Private and government providers of services; (vi) Managed care organizations and prepaid health plans. (b) A public children services agency contract
under
division (C)(2)(a) of this section regarding the agency's duties
under
section 2151.421 of the Revised Code may not provide for the
entity under contract with the agency to perform any service not
authorized by the department's rules. (c) Only a county children services board
appointed under
section 5153.03 of the Revised Code that is a public children
services agency may contract under division (C)(2)(a) of this
section. If an
entity specified in division (B) or (C) of section
5153.02 of the Revised Code
is the public children services agency
for a county, the board of county
commissioners may enter into
contracts pursuant to section 307.982 of the
Revised Code
regarding the agency's duties.
Sec. 5153.166. In addition to other rules specifically authorized by the Revised Code, the director of job and family services may adopt rules governing public children services agencies' performance of their family services duties, including the family services duties that public children services agencies have under sections 5153.16 to 5153.19 of the Revised Code.
Sec. 5153.17. The public children services agency shall prepare
and keep written
records of investigations of families, children, and foster homes,
and of the care, training, and treatment afforded
children, and shall prepare and keep such other records as are required by the
department of job and family services. Such records shall be
confidential, but,
except as provided by division (B) of section 3107.17 of the Revised Code,
shall be open to inspection by the agency, the director of job and family services, and the
director of the county department of job and family
services, and by other persons,
upon the written permission of the executive secretary director.
Sec. 5153.20. The (A)(1) Except as provided in division (B) of this section, the cost of care furnished by the public
children services agency or the board of county
commissioners to any child having a
legal residence in another county shall be charged to the county
of legal residence. No expense shall be incurred by the agency or the
board of county commissioners,
on account of such care, except for temporary
or emergency care, without the consent of the agency or board of county
commissioners, or as provided by this section. If such
consent cannot be obtained the
board of county commissioners may file a petition
in the court of common pleas of the county in which the child is
found for a determination of legal residence of such child. Summons in such a
proceeding shall be served, as in other civil
actions, upon the board of county commissioners and the executive
director of the agency of the county alleged to be the
county of legal residence, but the answer day shall be the tenth
day after the issuance of such summons. The return day shall be
the fifth day after issuance of the summons. The cause shall be
set for hearing not less than ten nor more than thirty days after
the issuance of the summons. The finding and determination by
the court upon such application, subject to the right of appeal,
shall be final and conclusive as to the county chargeable under
this section with the costs of the care of such child. The board
of county commissioners out of its general funds shall reimburse
the agency furnishing such
care, upon receipt of itemized statements. (2) Any moneys received by the agency furnishing such care from persons
liable for the
cost of any part of such care, by agreement or otherwise, shall
be credited to the county of legal residence. (3) The agency may remove
and deliver any child, having legal residence in another county
in Ohio and deemed to be in need of public care, to the
public children services agency of the county of
legal
residence. All cost incidental to the transportation of such
child and of any escort required shall be paid by the
public children services agency which delivers back the
child. With the approval of the department of job and family services,
any child whose legal residence has been found to be in another
state or country may be transferred to the department for return
to the place of legal residence, or such child may be returned by
the agency. All costs
incidental to the transportation of such child and of any escort
required shall be paid by the department of job and family services if
it
returns the child, otherwise the cost shall be paid by the agency,
subject in either case to
such reimbursement as may be obtained from the responsible
persons or authorities of the place of legal residence. The
department of job and family services may enter into agreements with the
authorities of other states relative to the placement and return
of children. (B)(1) If a court determines that reasonable efforts have been made to prevent removal of an adopted child from the child's home pursuant to section 2151.419 of the Revised Code and an adopted child is placed in the temporary or permanent custody of a public children services agency or a private child placing agency within thirty-six months of the date that the child's adoption was finalized, the agency that previously held permanent custody of the child when the child was placed with the adoptive parent shall be given opportunity to participate in planning for the child's care and treatment and shall assume fifty per cent of the financial responsibility for the care and treatment. Shared planning and financial responsibility shall cease on the first day of the thirty-seventh month after the date that the child's adoption was finalized and, on this date, the custodial agency shall then assume full planning and financial responsibility. The custodial agency and the agency that previously held permanent custody of the child may enter into a written agreement for shared financial responsibility that differs from the responsibilities allocated in this division.
(2) Division (B)(1) of this section does not apply to any of the following:
(a) An adoption by a stepparent whose spouse is a biological or adoptive parent of the child;
(b) An international adoption;
(c) An adoption where either the custodial agency or agency that previously held permanent custody of the child is not in this state.
(3) Nothing in division (B) of this section shall prevent a court or a child support enforcement agency from issuing a child support order.
SECTION 2. That existing sections 109.57, 109.572, 109.60, 1347.08, 1717.14, 2101.11, 2151.011, 2151.23, 2151.281, 2151.353, 2151.39, 2151.416, 2151.421, 3107.011, 3107.014, 3107.015, 3107.016, 3107.02, 3107.031, 3107.032, 3107.10, 3107.12, 3107.14, 3107.17, 3107.66, 3109.16, 3109.17, 3313.64, 5101.141, 5101.29, 5101.35, 5101.72, 5101.99, 5103.03, 5103.031, 5103.033, 5103.034, 5103.035, 5103.036, 5103.038, 5103.039, 5103.0311, 5103.0312, 5103.0313, 5103.0315, 5103.07, 5103.13, 5103.131, 5103.16, 5104.01, 5104.11, 5104.31, 5153.01, 5153.111, 5153.122, 5153.16, 5153.17, 5153.20, 5153.60, 5153.61, 5153.62, 5153.63, 5153.64, 5153.65, 5153.66, 5153.67, 5153.70, 5153.71, 5153.72, 5153.73, 5153.74, 5153.75, 5153.76, 5153.77, and 5153.78 and sections 5103.037, 5103.20, 5103.21, 5103.22, 5103.23, 5103.24, 5103.25, 5103.26, 5103.27, 5103.28, 5153.68, and 5153.69 of the Revised Code are hereby repealed. SECTION 3. The Department of Job and Family Services shall develop, implement, oversee, and evaluate, on a pilot basis, an "Alternative Response" approach to reports of child abuse, neglect, and dependency. The pilot program shall be implemented in not more than ten counties that are selected by the Department and that agree to participate in the pilot program.
The pilot program shall last eighteen months, not including time expended in preparation for the implementation of the pilot program and any post-pilot program evaluation activity.
The Department shall assure that the Alternative Response pilot is independently evaluated with respect to outcomes for children and families, costs, worker satisfaction, and any other criteria the Department determines will be useful in the consideration of statewide implementation of an Alternative Response approach to child protection. The measure associated with the eighteen-month pilot program shall, for the purposes of the evaluation, be compared with those same measures in the pilot counties during the eighteen-month period immediately preceding the beginning of the pilot-program period.
The Department may adopt rules in accordance with section 111.15 of the Revised Code, as if they were internal management rules, as necessary to carry out the purposes of this section.
SECTION 4. The General Assembly hereby respectfully requests that the Supreme Court adopt rules regarding the standards, qualifications, and service of guardians ad litem.
SECTION 5. Not later than September 30, 2006, the Director of Job and Family Services shall adopt rules as necessary for the state to comply with 42 U.S.C. 607(i)(2). If necessary to bring the state into compliance with 42 U.S.C. 607(i)(2), the rules may deviate from Chapter 5107. of the Revised Code. Rules adopted under this section that govern financial and other administrative requirements applicable to the Department of Job and Family Services and county departments of job and family services shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. All other rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.
The Director shall prepare a report that contains recommendations for codifying in the Revised Code the substance of the rules adopted under this section. The Director shall submit the report not later than January 1, 2007, to the Governor, the Director of Budget and Management, the Speaker and Minority Leader of the House of Representatives, and the President and Minority Leader of the Senate.
SECTION 6. (A) There is hereby created the Task Force on Implementing the Federal Domestic Violence Option in the Ohio Works First Program. The Task Force shall consist of the following members: (1) Three members of the Senate, to be appointed by the President of the Senate, not more than two of whom shall belong to the same political party as the President of the Senate;
(2) Three members of the House of Representatives, to be appointed by the Speaker of the House of Representatives, not more than two of whom shall belong to the same political party as the Speaker of the House of Representatives.
(3) The Director of Job and Family Services, or the Director's designee;
(4) The following individuals, to be appointed by the Governor:
(a) Two individuals representing the Ohio Empowerment Coalition;
(b) Two individuals representing domestic violence prevention organizations;
(c) One individual who has been a victim of domestic violence;
(d) One individual from a county department of job and family services;
(e) One county prosecuting attorney.
Initial appointments to the Task Force shall be made not later than forty-five days after the effective date of this section. Vacancies shall be filled in the manner provided for initial appointments.
(B) The Task Force shall convene for its first meeting not later than ninety days after the effective date of this section. The Task Force shall organize by electing a chairperson from among its members. A majority of the members constitutes a quorum for the conduct of meetings and transaction of business.
(C) The Task Force shall do all of the following:
(1) Study issues surrounding the implementation of the federal domestic violence option as an exemption to the work and time limit requirements for benefits under the Ohio Works First program, as authorized by the "Personal Responsibility and Work Opportunity Reconciliation Act of 1996," 100 Stat. 2105, 42 U.S.C. 602(A)(7); (2) Assess the current status of domestic violence services in each county, including counseling and screening;
(3) Review the application and implementation of the federal domestic violence option in other states;
(4) Conduct public meetings in different parts of the state throughout its existence.
(D) Not later than December 31, 2006, the Task Force shall prepare and submit a report to the Governor, the President and Minority Leader of the Senate, and the Speaker and Minority Leader of the House of Representatives. The report shall include recommendations on how to implement the federal domestic violence option within the Ohio Works First Program. On submission of the report, the Task Force shall cease to exist. SECTION 7. Section 2151.011 of the Revised Code is presented in
this act as a composite of the section as amended by both Am. Sub. H.B. 11 and Am. Sub. H.B. 106 of
the 125th General Assembly. Section 5103.03 of the Revised Code is presented in this act as a composite of the section as amended by Am. Sub. H.B. 117 of the 125th General Assembly and Sub. S.B. 179 of the 123rd General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composites are the resulting
version of the sections in effect prior to the effective dates of
the sections as presented in this act.
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