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H. B. No. 214 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Representatives Wagner, Combs
Cosponsors:
Representatives Seitz, McGregor, J., Stebelton, Brown
A BILL
To amend sections 149.43, 2151.152, 2151.23, 2151.39, 3313.64, 5101.29, 5103.031, 5103.032, 5103.035, 5103.0312, 5103.0313, 5103.16, 5103.391, 5126.04, 5153.122, and 5153.123 and to enact sections 5103.23, 5103.231, 5103.232, 5103.233, 5130.234, 5103.235, 5103.236, 5103.237, and 5103.238 of the Revised Code relative to training for foster caregivers, the public record status of identifying information of current and prospective foster caregivers, department of job and family services authority to begin the child placement level of care pilot program and petition Congress for expanded usage of Title IV-E funding, and the coordination of the provision of services for foster children with mental retardation or developmental disabilities, and to amend the version of section 149.43 of the Revised Code that is scheduled to take effect September 29, 2007, to maintain the provisions of this act on and after that effective date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 149.43, 2151.152, 5101.29, 5103.031, 5103.032, 5103.035, 5103.0312, 5103.0313, 5103.391, 5126.04, 5153.122, and 5153.123 of the Revised Code be amended to read as follows:
Sec. 149.43. (A) As used in this section:
(1) "Public record" means
records kept by
any
public
office, including, but not limited to, state, county,
city,
village, township, and school district units,
and records
pertaining to the delivery of educational
services by an
alternative
school in Ohio kept by a nonprofit or
for-profit
entity operating such
alternative school pursuant to
section
3313.533 of the Revised
Code. "Public record" does not
mean any of
the following:
(b) Records pertaining to probation and parole proceedings or to proceedings related to the imposition of community control
sanctions and post-release control sanctions;
(c) Records pertaining to actions under section 2151.85 and
division
(C) of section 2919.121 of
the Revised Code and to
appeals of actions arising under
those sections;
(d) Records pertaining to adoption proceedings, including
the
contents of an adoption file maintained by the department of
health under
section 3705.12 of the Revised Code;
(e) Information in a record 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;
(f) 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;
(g) Trial preparation records;
(h) Confidential law enforcement investigatory records;
(i) Records containing information that is confidential
under
section 2710.03 or 4112.05 of the Revised Code;
(j) DNA records stored in the DNA database
pursuant to
section 109.573 of the Revised Code;
(k) Inmate records released by the department of
rehabilitation and
correction to
the department of youth services
or a court of record pursuant to division (E)
of section 5120.21
of the Revised Code;
(l) Records maintained by the department of youth services
pertaining to
children in its custody released by the department
of youth services to the
department of rehabilitation and
correction pursuant to section 5139.05 of the
Revised Code;
(m) Intellectual property records;
(n) Donor profile records;
(o) Records maintained by the department of job and
family
services pursuant to
section 3121.894 of the Revised Code;
(p) Peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, youth services employee, firefighter, or EMT residential and
familial
information;
(q) In the case of a county hospital operated
pursuant to
Chapter
339. of the Revised Code or a municipal hospital operated pursuant to Chapter 749. of the Revised Code, information that constitutes a
trade secret,
as defined in section 1333.61 of the Revised Code;
(r) Information pertaining to the recreational activities of
a person under
the age of eighteen;
(s) Records provided to, statements made by review board
members
during meetings of, and all work products of a child
fatality review
board acting under sections 307.621 to 307.629 of
the Revised Code, other than
the report
prepared pursuant to
section 307.626
of the Revised Code;
(t) Records provided to and statements made by the
executive
director of a public children services agency or a prosecuting
attorney acting
pursuant to section
5153.171 of the Revised Code
other than the information
released
under that section;
(u) 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;
(v) Records the release of which is prohibited by state or
federal law;
(w) Proprietary information of or relating to any person
that is submitted to or compiled by the Ohio venture capital
authority created under section 150.01 of the Revised Code;
(x) Information reported and evaluations conducted pursuant to section 3701.072 of the Revised Code;
(y) Financial statements and data any person submits for any purpose to the Ohio housing finance agency or the controlling board in connection with applying for, receiving, or accounting for financial assistance from the agency, and information that identifies any individual who benefits directly or indirectly from financial assistance from the agency;
(z) Records listed in section 5101.29 of the Revised Code.
(2) "Confidential law enforcement investigatory record"
means any record that pertains to a law enforcement matter of a
criminal, quasi-criminal, civil, or administrative nature, but
only to the extent that the release of the record would create a
high probability of disclosure of any of the following:
(a) The identity of a suspect who has not been charged
with
the offense to which the record pertains, or of an
information
source or witness to whom confidentiality has been
reasonably
promised;
(b) Information provided by an information source or
witness
to whom confidentiality has been reasonably promised,
which
information would reasonably tend to disclose the source's or
witness's
identity;
(c) Specific confidential investigatory techniques or
procedures or specific investigatory work product;
(d) Information that would endanger the life or physical
safety of law enforcement personnel, a crime victim, a witness,
or
a confidential information source.
(3) "Medical record" means any document or combination of
documents, except births, deaths, and the fact of admission to or
discharge from a hospital, that pertains to the medical history,
diagnosis, prognosis, or medical condition of a patient and that
is generated and maintained in the process of medical treatment.
(4) "Trial preparation record" means any record that
contains information that is specifically compiled in reasonable
anticipation of, or in defense of, a civil or criminal action or
proceeding, including the independent thought processes and
personal trial preparation of an attorney.
(5) "Intellectual property record" means a record,
other
than a financial or administrative record, that is produced or
collected
by or for faculty or staff of a state institution of
higher learning in the
conduct of or as a result of study or
research on an educational, commercial,
scientific, artistic,
technical, or scholarly issue, regardless of whether the
study or
research was sponsored by the institution alone or in conjunction
with
a governmental body or private concern, and that has not been
publicly
released, published, or patented.
(6) "Donor profile record" means all records about donors or
potential
donors to a public institution of higher education
except the names and
reported addresses of the actual donors and
the date, amount, and conditions
of the actual donation.
(7) "Peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, youth services employee, firefighter, or EMT residential and
familial
information"
means any information that discloses any of the following about a
peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, youth services employee, firefighter, or EMT:
(a) The address of the actual personal residence of a peace
officer, parole officer, assistant prosecuting attorney, correctional employee, youth services employee, firefighter, or EMT, except for the state or political
subdivision in which
the peace
officer, parole officer, assistant prosecuting attorney, correctional employee, youth services employee, firefighter, or EMT
resides;
(b) Information compiled from referral to or participation
in an
employee assistance program;
(c) The social security number, the residential telephone
number,
any bank account, debit card, charge card, or credit card
number, or the
emergency telephone number of, or any medical
information pertaining to, a peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, youth services employee, firefighter, or EMT;
(d) The name of any beneficiary of employment benefits,
including,
but not limited to, life insurance benefits, provided
to a peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, youth services employee, firefighter, or EMT by
the peace officer's, parole officer's, prosecuting attorney's, assistant prosecuting attorney's, correctional employee's, youth services employee's,
firefighter's, or EMT's employer;
(e) The identity and amount of any charitable or employment
benefit deduction made by the peace officer's, parole officer's, prosecuting attorney's, assistant prosecuting attorney's, correctional employee's, youth services employee's, firefighter's, or
EMT's
employer from the
peace
officer's, parole officer's, prosecuting attorney's, assistant prosecuting attorney's, correctional employee's, youth services employee's, firefighter's, or EMT's
compensation
unless the amount of the deduction is
required by
state
or federal
law;
(f) The name, the residential address, the name of the
employer,
the address of the employer, the social security number,
the residential
telephone number, any bank account, debit card,
charge card, or credit card
number, or the emergency telephone
number
of the spouse, a former spouse, or any child of a peace
officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, youth services employee, firefighter, or EMT;
(g) A photograph of a peace officer who holds a position or has an assignment that may include undercover or plain clothes positions or assignments as determined by the peace officer's appointing authority.
As used in divisions (A)(7) and (B)(5) of this section,
"peace officer"
has the same meaning as in section 109.71 of the
Revised Code
and also includes the superintendent and troopers of
the state highway patrol;
it does not include the
sheriff of a
county or a supervisory employee who, in the absence of the
sheriff, is authorized to stand in for, exercise the authority of,
and perform
the duties of the sheriff.
As used in divisions (A)(7) and (B)(5) of this section, "correctional employee" means any employee of the department of rehabilitation and correction who in the course of performing the employee's job duties has or has had contact with inmates and persons under supervision.
As used in divisions (A)(7) and (B)(5) of this section, "youth services employee" means any employee of the department of youth services who in the course of performing the employee's job duties has or has had contact with children committed to the custody of the department of youth services.
As used in divisions (A)(7) and (B)(5) of this section,
"firefighter" means any regular, paid or volunteer, member of a
lawfully constituted fire department of a municipal corporation,
township, fire district, or village.
As used in divisions (A)(7) and (B)(5) of this section, "EMT"
means EMTs-basic, EMTs-I, and paramedics that provide emergency
medical services for a public emergency medical service
organization. "Emergency medical service organization,"
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in
section 4765.01 of the Revised Code.
(8) "Information pertaining to the recreational activities
of a
person under the age of eighteen"
means information that is
kept in the ordinary course of business by a public
office, that
pertains to the recreational activities of a person under the age
of eighteen years, and that
discloses any of the following:
(a) The address or telephone number of a person under the
age of
eighteen or the address or telephone number of that
person's parent, guardian,
custodian, or emergency contact person;
(b) The social security number, birth date, or photographic
image
of a person under the age of eighteen;
(c) Any medical record, history, or information pertaining
to a
person under the age of eighteen;
(d) Any additional information sought or required about a
person
under the age of eighteen for the purpose of allowing that
person to
participate in any recreational activity conducted or
sponsored by a public
office or to use or
obtain admission
privileges to any recreational facility owned or operated by
a
public office.
(9) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(10) "Post-release control sanction" has the same meaning as
in section 2967.01 of the Revised Code.
(B)(1) Subject to division (B)(4) of this section, all
public records shall
be promptly prepared and made
available for
inspection to any person at all reasonable times
during regular
business hours. Subject to division (B)(4) of this section,
upon
request, a public office or person
responsible for public records
shall make copies available at
cost, within a reasonable period of
time. In order to facilitate
broader access to public records,
public offices shall
maintain public records in a manner that they
can be made
available for inspection in accordance with this
division.
(2) If any person chooses to obtain a copy of a public
record in
accordance with division (B)(1) of this section,
the
public office or person responsible for the public record shall
permit
that person to
choose to have the public record duplicated
upon paper, upon the same medium
upon which the public office or
person responsible for the public record keeps
it, or upon
any
other medium upon which the public office or person responsible
for the
public record determines
that it reasonably can be
duplicated
as an integral part of the normal operations of the
public office or person
responsible for the public record. When
the person
seeking the copy makes a choice under this division,
the public office or
person responsible for the public record
shall provide a copy of it in
accordance
with the choice made by
the person seeking the copy.
(3) Upon a request made in accordance with division (B)(1)
of
this section, a public office or person responsible for public
records
shall transmit a copy of a public record to any person by
United
States mail within a reasonable period of time after
receiving the
request for the
copy. The public office or person
responsible for the public record may
require the person making
the request to pay in advance the cost of postage and other
supplies used in
the mailing.
Any public office
may adopt a policy and procedures that it
will follow in
transmitting, within a reasonable period of time
after receiving
a request, copies of public records by
United
States mail pursuant to this
division. A public office that
adopts a policy and procedures
under this division shall comply
with them in performing its
duties under this division.
In any policy and procedures adopted under this division, a
public office may limit the number of records requested by a
person that
the office will transmit by United States mail to ten
per
month, unless the person certifies to the office in writing
that the person
does not intend to use or forward the requested
records, or the information
contained
in them, for commercial
purposes. For purposes of this division, "commercial"
shall be
narrowly construed and does not include reporting or gathering
news,
reporting or gathering information to assist citizen
oversight or
understanding of the operation or activities of
government, or nonprofit
educational research.
(4) A public office or person responsible for public records
is
not required to permit a person who is incarcerated pursuant to
a
criminal conviction or a juvenile adjudication to inspect or to
obtain a copy of any public record concerning a criminal
investigation or prosecution or concerning what would be a
criminal investigation or prosecution if the subject of the
investigation or prosecution were an adult, unless the request to
inspect or to obtain a copy of the record is for the purpose of
acquiring information that is subject to release as a public
record under this section and the judge who imposed the sentence
or made the adjudication with respect to the person, or the
judge's successor in office, finds that the information sought in
the public record is necessary to support what appears to be a
justiciable claim of the person.
(5) Upon written request made and signed by a journalist on
or after
December 16,
1999, a
public office, or person responsible
for public records, having custody of
the records of the agency
employing a specified peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, youth services employee, firefighter, or EMT shall
disclose
to the
journalist the address of the actual personal
residence of
the
peace
officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, youth services employee, firefighter, or EMT and, if the
peace officer's, parole officer's, prosecuting attorney's, assistant prosecuting attorney's, correctional employee's, youth services employee's,
firefighter's, or EMT's spouse, former spouse,
or
child is employed by a
public office, the name and address of
the
employer of the peace
officer's, parole officer's, prosecuting attorney's, assistant prosecuting attorney's, correctional employee's, youth services employee's, firefighter's, or EMT's spouse,
former spouse, or
child.
The
request shall include the
journalist's name and title
and the
name
and address of the
journalist's employer and shall
state
that
disclosure of the
information sought would be in the
public
interest.
As used in division (B)(5) of this section, "journalist"
means a
person engaged in, connected with, or employed by any news
medium, including a
newspaper, magazine, press association, news
agency, or wire service, a radio or television station, or a
similar medium, for the purpose of gathering, processing,
transmitting, compiling, editing, or disseminating information for
the
general public.
(C) If a person allegedly is aggrieved by the failure of a
public office to promptly prepare a public record and to make
it
available to the person for inspection in accordance with
division
(B) of this section, or if a person who has requested a copy of a
public record allegedly is aggrieved by the failure of a public
office or the
person
responsible for the public record to make a
copy available to
the person allegedly aggrieved in accordance
with division (B) of this section, the person allegedly aggrieved
may commence a mandamus action to obtain a judgment that orders
the public office or the person responsible for the public
record
to comply with division (B) of this section and that
awards
reasonable attorney's fees to the person that instituted
the
mandamus action. The mandamus action may be commenced in the
court of common pleas of the county in which division (B) of this
section allegedly was not complied with, in the supreme court
pursuant to its original jurisdiction under Section 2 of Article
IV, Ohio Constitution, or in the court of appeals for the
appellate district in which division (B) of this section
allegedly
was not complied with pursuant to its original
jurisdiction under
Section 3 of Article IV, Ohio Constitution.
(D) Chapter 1347. of the Revised Code does not limit the
provisions of this section.
(E)(1) The bureau of motor vehicles may adopt rules pursuant
to
Chapter 119. of the Revised Code to reasonably
limit the number
of bulk commercial special extraction requests made by a
person
for the same records or for updated records during a calendar
year.
The rules may include provisions for charges to be made for
bulk commercial
special
extraction requests for the actual cost of
the bureau, plus special extraction
costs, plus ten per cent. The
bureau may charge for
expenses for redacting information, the
release of which is prohibited by
law.
(2) As used in divisions (B)(3) and (E)(1) of this section:
(a) "Actual cost" means the cost of depleted supplies,
records
storage media costs, actual mailing and alternative
delivery costs, or other
transmitting costs, and any direct
equipment operating and maintenance costs,
including actual costs
paid to private contractors for
copying services.
(b) "Bulk commercial special extraction request" means a
request
for copies of a record for information in a format other
than the format
already available, or information that cannot be
extracted without examination
of all items in a records series,
class of records, or data base by a person
who intends to use or
forward the copies for surveys, marketing, solicitation, or resale
for
commercial purposes. "Bulk commercial special extraction
request" does not
include a request by a person who gives
assurance to the bureau that the
person making the request does
not intend to use or forward the requested
copies for surveys,
marketing,
solicitation, or resale for commercial purposes.
(c) "Commercial" means profit-seeking production, buying, or
selling of any good, service, or other product.
(d) "Special extraction costs" means the cost of the time
spent
by the lowest paid employee competent to perform the task,
the actual amount
paid to outside private contractors employed by
the bureau, or the actual cost
incurred to create computer
programs to make the special extraction. "Special
extraction
costs" include any charges paid to a public agency for computer or
records services.
(3) For purposes of divisions (E)(1)
and (2) of this
section, "commercial surveys, marketing, solicitation, or
resale"
shall be narrowly construed and does not include reporting or
gathering
news, reporting or gathering information to assist
citizen oversight or
understanding of the operation or activities
of government, or nonprofit
educational research.
Sec. 2151.152. The juvenile judge may enter into an
agreement with the department of job and family services pursuant
to section 5101.11 of the Revised Code for the purpose of
reimbursing the court for foster care maintenance costs and
associated administrative and training costs incurred on behalf of
a child eligible who is either of the following:
(A) Eligible for payments under Title IV-E of the "Social
Security Act," 94 Stat. 501, 42 U.S.C.A. 670 (1980) and who is in
the temporary or permanent custody of the court or subject to a
disposition issued under division (A)(5) of section 2151.354 or
division (A)(7)(a)(ii) or (A)(8) of section 2152.19 of the
Revised Code;
(B) Determined to be at serious risk of removal from the home and for whom the court has undertaken a plan of reasonable efforts to prevent such removal. The
The agreement shall govern the responsibilities and
duties the court shall perform in providing services to the child.
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 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;
(D) Names, documentation, and other identifying information regarding a foster caregiver or a prospective foster caregiver, including the foster caregiver application for certification under section 5103.03 of the Revised Code and the home study conducted pursuant to section 5103.0324 of the Revised Code.
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
approved by the department of job and family services under section 5103.038 of the Revised Code or 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 thirty-six hours;
(B) If the foster home is a specialized foster home, at
least
thirty-six hours.
Sec. 5103.032. (A) Except as provided in divisions (B), (C), and (D), and (E) of this section and in section 5103.033 of the Revised Code and subject to division (B) of this section, the
department of job and family services may not renew a
foster home certificate under section 5103.03 of the Revised Code
unless the foster caregiver successfully completes the following amount of
continuing training in accordance with the foster caregiver's needs assessment
and continuing training plan developed and implemented under section
5103.035 of the Revised Code:
(1) If the foster home is a family foster home, at least
forty hours in the preceding two-year period;
(2) If the foster home is a specialized foster home, at least
sixty hours in the preceding two-year period.
The continuing training required by this section shall comply with rules the department adopts pursuant to section 5103.0316 of the Revised Code.
(B) A foster caregiver may fulfill up to twenty per cent of the required amount of continuing training described in division (A) of this section by teaching one or more training classes for other foster caregivers or by providing mentorship services to other foster caregivers. The department of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code as necessary for the qualification of foster caregivers to provide training or mentorship services to other foster caregivers.
(C) At the beginning of a foster caregiver's two-year certification period, a public children services agency, private child placing
agency, or private noncustodial agency acting as a recommending agency for a
foster caregiver holding a certificate issued under
section 5103.03 of the Revised Code for a family foster home or specialized foster home
may waive up to eight hours
of continuing training the foster caregiver is otherwise required by
division (A) of this section to complete in that two-year certification period if all
of the following apply:
(1) The foster caregiver has held a certificate issued under section 5103.03 of the Revised Code for a family foster home or specialized foster home for at least two years;
(2) The foster caregiver has provided foster care for at least
ninety days of the twelve months preceding the date the
agency issues the waiver;
(3) The foster caregiver has not violated any requirements
governing certification of foster homes during the twelve months
preceding the date the agency issues the waiver;
(4) The foster caregiver has complied in full with the needs
assessment and continuing training plan developed for the foster
caregiver under section 5103.035 of the Revised Code for the preceding certification period.
(C)(D) Each recommending agency shall establish and implement a
policy regarding good cause for a foster caregiver's failure to complete the
continuing training in
accordance with division (A) of this section. If the foster
caregiver complies with the policy, as determined by the agency, the
department may renew the foster caregiver's
foster home certificate. The agency shall submit the policy to
the department and provide a copy to each foster home the agency recommends for
certification or renewal. The policy shall include the following:
(1) What constitutes good cause, including documented illness,
critical emergencies, and lack of accessible training programs;
(2) Procedures for developing a scheduled corrective action plan
that provides for prompt completion of the continuing training;
(3) Procedures for recommending revocation of the foster home
certificate if the foster caregiver fails to comply with the corrective
action plan.
(D)(E) A foster caregiver shall be given an additional amount of time within which the foster caregiver must complete the continuing training required under division (A) of this section in accordance with rules adopted by the department of job and family services if either of the following applies:
(1) The foster caregiver has served in active duty outside this state with a branch of the armed forces of the United States for more than thirty days in the preceding two-year period.
(2) The foster caregiver has served in active duty as a member of the Ohio organized militia, as defined in section 5923.01 of the Revised Code, for more than thirty days in the preceding two-year period and that active duty relates to either an emergency in or outside of this state or to military duty in or outside of this state.
Sec. 5103.035. A public children services agency, private child placing
agency, or
private noncustodial agency acting as a recommending agency for a foster
caregiver 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 the number of hours of continuing training, if any, the foster caregiver may complete by teaching one or more training classes to other foster caregivers or by providing mentoring services to other foster caregivers pursuant to division (B) of section 5103.032 of the Revised Code;
(G) Specify the number of hours of continuing training, if any, the agency will waive pursuant to division (B)(C) of section 5103.032
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 caregiver shall pay reimburse
the
foster caregiver
a stipend to reimburse the foster caregiver in a lump sum for
attending a preplacement or
continuing training
program
operated under section
5103.034 or 5103.30 of the
Revised Code and shall pay the foster caregiver a stipend to reimburse the foster caregiver for attending a continuing training program operated under section 5103.034 or 5103.30 of the Revised Code. The amount of the lump sum
payment and the stipend rate shall be based on a
stipend
rate established by the
department
of job and family
services.
The
stipend rate and shall be
the same
regardless of the type of
recommending agency from
which
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 until a child has been placed in the individual's home.
Sec. 5103.0313. 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
5103.038 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 to reimburse the agency for each hour the minimum required amount of preplacement and continuing training provided or received under section 5103.031 or 5103.032 of the Revised Code.
Sec. 5103.391. The director of job and family services shall
appoint all of the following to serve on the Ohio child welfare training program steering committee:
(A) Employees of the department of job and family services;
(B) One representative of each of the regional training centers established
under section 5103.42 of the Revised Code;
(C) One representative of a statewide
organization that represents the interests of public children
services agencies;
(D) One representative of the Ohio child welfare
training program coordinator;
(E) Two current foster caregivers certified by the department of job and family services under section 5103.03 of the Revised Code;
(F) Employees of public children services
agencies.
Sec. 5126.04. (A) Each county board
of mental retardation and developmental disabilities shall plan and set
priorities based on available resources for the provision of facilities,
programs, and other services to meet the needs of county residents who are
individuals with mental retardation and other developmental disabilities,
former residents of the county residing in state institutions or placed under
purchase of service agreements under section 5123.18 of the Revised Code, and
children subject to a determination made pursuant to section 121.38 of the
Revised Code.
Each county board shall assess the facility and service needs of the
individuals with mental retardation and other developmental disabilities who
are residents of the county or former residents of the county residing in
state institutions or placed under purchase of service agreements under
section 5123.18 of the Revised Code.
Each county board shall require individual habilitation or service plans
for individuals with mental retardation and other developmental disabilities
who are being served or who have been determined eligible for services and are
awaiting the provision of services. Each board shall ensure that methods of
having their service needs evaluated are available.
(B)(1) If a foster child is receiving services from a county board of mental retardation and developmental disabilities and that child is placed in a different county, the agency that placed the child, immediately upon placement, shall inform the county board in the new county all of the following:
(a) That a foster child has been placed in that county;
(b) The name and other identifying information of the foster child;
(c) The name of the foster child's previous county of residence;
(d) That the foster child was receiving services from the county board of mental retardation and developmental disabilities in the previous county.
(2) Upon receiving the notice described in division (B)(1) of this section or otherwise learning that the child was receiving services from a county board of mental retardation and developmental disabilities in the previous county, the county board in the new county shall communicate with the county board of the previous county to determine which county shall provide services for the foster child.
If the two county boards are unable to reach an agreement within five days of the child's placement, the county board in the new county shall send notice to the Ohio department of mental retardation and developmental disabilities of the failure to agree. The department shall decide which county board shall provide services for the foster child within five days of receiving notice that the county boards could not reach an agreement.
(C) The department of mental retardation and developmental disabilities may
adopt rules in accordance with Chapter 119. of the Revised Code as necessary
to implement this section. To the extent that rules adopted under this
section apply to the identification and placement of handicapped children
under Chapter 3323. of the Revised Code, the rules shall be consistent with
the standards and procedures established under sections 3323.03 to 3323.05 of
the Revised Code.
(C)(D) The responsibility or authority of a
county board to provide services under this chapter does not affect the
responsibility of any other entity of state or local government to provide
services to individuals with mental retardation and developmental
disabilities.
(D)(E) On or before the first day of
February prior to a school
year, a county board of mental retardation and developmental
disabilities may elect not to participate during that school
year in the provision of or contracting for educational services
for children ages six through twenty-one years of age, provided
that on or before that date the board gives notice of this
election to the superintendent of public instruction, each
school district in the county, and the educational service
center serving the county. If a board makes this election, it
shall not have any responsibility for or authority to provide
educational services that school year for children ages six
through twenty-one years of age. If a board does not make an
election for a school year in accordance with this division, the
board shall be deemed to have elected to participate during that
school year in the provision of or contracting for educational
services for children ages six through twenty-one years of
age.
(E)(F) If a county board of
mental retardation and developmental disabilities elects to
provide educational services during a school year to individuals
six through twenty-one years of age who are multiply
handicapped, the board may provide these services to individuals
who are appropriately identified and determined eligible
pursuant to Chapter 3323. of
the Revised
Code, and in accordance with
applicable rules of the state board of education. The county
board may also provide related services to individuals six
through twenty-one years of age who have one or more disabling
conditions, in accordance with section 3317.20 and
Chapter 3323. of the
Revised
Code and applicable rules of
the state board of education.
Sec. 5153.122. Each PCSA caseworker hired after January 1, 2007, shall complete at least 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,
neglect, and dependency; assessing
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, 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 a PCSA caseworker's first year of continuous employment as a PCSA caseworker, the
caseworker annually shall complete thirty-six hours of training in areas
relevant to the caseworker's assigned duties.
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.
Section 2. That existing sections 149.43, 2151.152, 5101.29, 5103.031, 5103.032, 5103.035, 5103.0312, 5103.0313, 5103.391, 5126.04, 5153.122, and 5153.123 of the Revised Code are hereby repealed.
Section 3. That the version of section 149.43 of the Revised Code that is scheduled to take effect September 29, 2007, be amended to read as follows:
Sec. 149.43. (A) As used in this section:
(1) "Public record" means
records kept by
any
public
office, including, but not limited to, state, county,
city,
village, township, and school district units,
and records
pertaining to the delivery of educational
services by an
alternative
school in this state kept by the nonprofit or
for-profit
entity operating the
alternative school pursuant to
section
3313.533 of the Revised
Code. "Public record" does not
mean any of
the following:
(b) Records pertaining to probation and parole proceedings or to proceedings related to the imposition of community control
sanctions and post-release control sanctions;
(c) Records pertaining to actions under section 2151.85 and
division
(C) of section 2919.121 of
the Revised Code and to
appeals of actions arising under
those sections;
(d) Records pertaining to adoption proceedings, including
the
contents of an adoption file maintained by the department of
health under
section 3705.12 of the Revised Code;
(e) Information in a record 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;
(f) 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;
(g) Trial preparation records;
(h) Confidential law enforcement investigatory records;
(i) Records containing information that is confidential
under
section 2710.03 or 4112.05 of the Revised Code;
(j) DNA records stored in the DNA database
pursuant to
section 109.573 of the Revised Code;
(k) Inmate records released by the department of
rehabilitation and
correction to
the department of youth services
or a court of record pursuant to division (E)
of section 5120.21
of the Revised Code;
(l) Records maintained by the department of youth services
pertaining to
children in its custody released by the department
of youth services to the
department of rehabilitation and
correction pursuant to section 5139.05 of the
Revised Code;
(m) Intellectual property records;
(n) Donor profile records;
(o) Records maintained by the department of job and
family
services pursuant to
section 3121.894 of the Revised Code;
(p) Peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, youth services employee, firefighter, or EMT residential and
familial
information;
(q) In the case of a county hospital operated
pursuant to
Chapter
339. of the Revised Code or a municipal hospital operated pursuant to Chapter 749. of the Revised Code, information that constitutes a
trade secret,
as defined in section 1333.61 of the Revised Code;
(r) Information pertaining to the recreational activities of
a person under
the age of eighteen;
(s) Records provided to, statements made by review board
members
during meetings of, and all work products of a child
fatality review
board acting under sections 307.621 to 307.629 of
the Revised Code, other than
the report
prepared pursuant to
section 307.626
of the Revised Code;
(t) Records provided to and statements made by the
executive
director of a public children services agency or a prosecuting
attorney acting
pursuant to section
5153.171 of the Revised Code
other than the information
released
under that section;
(u) 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;
(v) Records the release of which is prohibited by state or
federal law;
(w) Proprietary information of or relating to any person
that is submitted to or compiled by the Ohio venture capital
authority created under section 150.01 of the Revised Code;
(x) Information reported and evaluations conducted pursuant to section 3701.072 of the Revised Code;
(y) Financial statements and data any person submits for any purpose to the Ohio housing finance agency or the controlling board in connection with applying for, receiving, or accounting for financial assistance from the agency, and information that identifies any individual who benefits directly or indirectly from financial assistance from the agency;
(z) Records listed in section 5101.29 of the Revised Code.
(2) "Confidential law enforcement investigatory record"
means any record that pertains to a law enforcement matter of a
criminal, quasi-criminal, civil, or administrative nature, but
only to the extent that the release of the record would create a
high probability of disclosure of any of the following:
(a) The identity of a suspect who has not been charged
with
the offense to which the record pertains, or of an
information
source or witness to whom confidentiality has been
reasonably
promised;
(b) Information provided by an information source or
witness
to whom confidentiality has been reasonably promised,
which
information would reasonably tend to disclose the source's or
witness's
identity;
(c) Specific confidential investigatory techniques or
procedures or specific investigatory work product;
(d) Information that would endanger the life or physical
safety of law enforcement personnel, a crime victim, a witness,
or
a confidential information source.
(3) "Medical record" means any document or combination of
documents, except births, deaths, and the fact of admission to or
discharge from a hospital, that pertains to the medical history,
diagnosis, prognosis, or medical condition of a patient and that
is generated and maintained in the process of medical treatment.
(4) "Trial preparation record" means any record that
contains information that is specifically compiled in reasonable
anticipation of, or in defense of, a civil or criminal action or
proceeding, including the independent thought processes and
personal trial preparation of an attorney.
(5) "Intellectual property record" means a record,
other
than a financial or administrative record, that is produced or
collected
by or for faculty or staff of a state institution of
higher learning in the
conduct of or as a result of study or
research on an educational, commercial,
scientific, artistic,
technical, or scholarly issue, regardless of whether the
study or
research was sponsored by the institution alone or in conjunction
with
a governmental body or private concern, and that has not been
publicly
released, published, or patented.
(6) "Donor profile record" means all records about donors or
potential
donors to a public institution of higher education
except the names and
reported addresses of the actual donors and
the date, amount, and conditions
of the actual donation.
(7) "Peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, youth services employee, firefighter, or EMT residential and
familial
information"
means any information that discloses any of the following about a
peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, youth services employee, firefighter, or EMT:
(a) The address of the actual personal residence of a peace
officer, parole officer, assistant prosecuting attorney, correctional employee, youth services employee, firefighter, or EMT, except for the state or political
subdivision in which
the peace
officer, parole officer, assistant prosecuting attorney, correctional employee, youth services employee, firefighter, or EMT
resides;
(b) Information compiled from referral to or participation
in an
employee assistance program;
(c) The social security number, the residential telephone
number,
any bank account, debit card, charge card, or credit card
number, or the
emergency telephone number of, or any medical
information pertaining to, a peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, youth services employee, firefighter, or EMT;
(d) The name of any beneficiary of employment benefits,
including,
but not limited to, life insurance benefits, provided
to a peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, youth services employee, firefighter, or EMT by
the peace officer's, parole officer's, prosecuting attorney's, assistant prosecuting attorney's, correctional employee's, youth services employee's,
firefighter's, or EMT's employer;
(e) The identity and amount of any charitable or employment
benefit deduction made by the peace officer's, parole officer's, prosecuting attorney's, assistant prosecuting attorney's, correctional employee's, youth services employee's, firefighter's, or
EMT's
employer from the
peace
officer's, parole officer's, prosecuting attorney's, assistant prosecuting attorney's, correctional employee's, youth services employee's, firefighter's, or EMT's
compensation
unless the amount of the deduction is
required by
state
or federal
law;
(f) The name, the residential address, the name of the
employer,
the address of the employer, the social security number,
the residential
telephone number, any bank account, debit card,
charge card, or credit card
number, or the emergency telephone
number
of the spouse, a former spouse, or any child of a peace
officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, youth services employee, firefighter, or EMT;
(g) A photograph of a peace officer who holds a position or has an assignment that may include undercover or plain clothes positions or assignments as determined by the peace officer's appointing authority.
As used in divisions (A)(7) and (B)(9) of this section,
"peace officer"
has the same meaning as in section 109.71 of the
Revised Code
and also includes the superintendent and troopers of
the state highway patrol;
it does not include the
sheriff of a
county or a supervisory employee who, in the absence of the
sheriff, is authorized to stand in for, exercise the authority of,
and perform
the duties of the sheriff.
As used in divisions (A)(7) and (B)(5) of this section, "correctional employee" means any employee of the department of rehabilitation and correction who in the course of performing the employee's job duties has or has had contact with inmates and persons under supervision.
As used in divisions (A)(7) and (B)(5) of this section, "youth services employee" means any employee of the department of youth services who in the course of performing the employee's job duties has or has had contact with children committed to the custody of the department of youth services.
As used in divisions (A)(7) and (B)(9) of this section,
"firefighter" means any regular, paid or volunteer, member of a
lawfully constituted fire department of a municipal corporation,
township, fire district, or village.
As used in divisions (A)(7) and (B)(9) of this section, "EMT"
means EMTs-basic, EMTs-I, and paramedics that provide emergency
medical services for a public emergency medical service
organization. "Emergency medical service organization,"
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in
section 4765.01 of the Revised Code.
(8) "Information pertaining to the recreational activities
of a
person under the age of eighteen"
means information that is
kept in the ordinary course of business by a public
office, that
pertains to the recreational activities of a person under the age
of eighteen years, and that
discloses any of the following:
(a) The address or telephone number of a person under the
age of
eighteen or the address or telephone number of that
person's parent, guardian,
custodian, or emergency contact person;
(b) The social security number, birth date, or photographic
image
of a person under the age of eighteen;
(c) Any medical record, history, or information pertaining
to a
person under the age of eighteen;
(d) Any additional information sought or required about a
person
under the age of eighteen for the purpose of allowing that
person to
participate in any recreational activity conducted or
sponsored by a public
office or to use or
obtain admission
privileges to any recreational facility owned or operated by
a
public office.
(9) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(10) "Post-release control sanction" has the same meaning as
in section 2967.01 of the Revised Code.
(11) "Redaction" means obscuring or deleting any information that is exempt from the duty to permit public inspection or copying from an item that otherwise meets the definition of a "record" in section 149.011 of the Revised Code.
(12) "Designee" and "elected official" have the same meanings as in section 109.43 of the Revised Code.
(B)(1) Upon request and subject to division (B)(8) of this section, all
public records responsive to the request shall
be promptly prepared and made
available for
inspection to any person at all reasonable times
during regular
business hours. Subject to division (B)(8) of this section,
upon
request, a public office or person
responsible for public records
shall make copies of the requested public record available at
cost and within a reasonable period of
time. If a public record contains information that is exempt from the duty to permit public inspection or to copy the public record, the public office or the person responsible for the public record shall make available all of the information within the public record that is not exempt. When making that public record available for public inspection or copying that public record, the public office or the person responsible for the public record shall notify the requester of any redaction or make the redaction plainly visible. A redaction shall be deemed a denial of a request to inspect or copy the redacted information, except if federal or state law authorizes or requires a public office to make the redaction.
(2) To facilitate broader access to public records, a public office or the person responsible for public records shall organize and maintain public records in a manner that they can be made available for inspection or copying in accordance with division (B) of this section. A public office also shall have available a copy of its current records retention schedule at a location readily available to the public. If a requester makes an ambiguous or overly broad request or has difficulty in making a request for copies or inspection of public records under this section such that the public office or the person responsible for the requested public record cannot reasonably identify what public records are being requested, the public office or the person responsible for the requested public record may deny the request but shall provide the requester with an opportunity to revise the request by informing the requester of the manner in which records are maintained by the public office and accessed in the ordinary course of the public office's or person's duties.
(3) If a request is ultimately denied, in part or in whole, the public office or the person responsible for the requested public record shall provide the requester with an explanation, including legal authority, setting forth why the request was denied. If the initial request was provided in writing, the explanation also shall be provided to the requester in writing. The explanation shall not preclude the public office or the person responsible for the requested public record from relying upon additional reasons or legal authority in defending an action commenced under division (C) of this section.
(4) Unless specifically required or authorized by state or federal law or in accordance with division (B) of this section, no public office or person responsible for public records may limit or condition the availability of public records by requiring disclosure of the requester's identity or the intended use of the requested public record. Any requirement that the requester disclose the requestor's identity or the intended use of the requested public record constitutes a denial of the request.
(5) A public office or person responsible for public records may ask a requester to make the request in writing, may ask for the requester's identity, and may inquire about the intended use of the information requested, but may do so only after disclosing to the requester that a written request is not mandatory and that the requester may decline to reveal the requester's identity or the intended use and when a written request or disclosure of the identity or intended use would benefit the requester by enhancing the ability of the public office or person responsible for public records to identify, locate, or deliver the public records sought by the requester.
(6) If any person chooses to obtain a copy of a public
record in
accordance with division (B) of this section,
the
public office or person responsible for the public record may require that person to pay in advance the cost involved in providing the copy of the public record in accordance with the choice made by the person seeking the copy under this division. The public office or the person responsible for the public record shall
permit
that person to
choose to have the public record duplicated
upon paper, upon the same medium
upon which the public office or
person responsible for the public record keeps
it, or upon
any
other medium upon which the public office or person responsible
for the
public record determines
that it reasonably can be
duplicated
as an integral part of the normal operations of the
public office or person
responsible for the public record. When
the person
seeking the copy makes a choice under this division,
the public office or
person responsible for the public record
shall provide a copy of it in
accordance
with the choice made by
the person seeking the copy. Nothing in this section requires a public office or person responsible for the public record to allow the person seeking a copy of the public record to make the copies of the public record.
(7) Upon a request made in accordance with division (B)
of
this section and subject to division (B)(6) of this section, a public office or person responsible for public
records
shall transmit a copy of a public record to any person by
United
States mail or by any other means of delivery or transmission within a reasonable period of time after
receiving the
request for the
copy. The public office or person
responsible for the public record may
require the person making
the request to pay in advance the cost of postage if the copy is transmitted by United States mail or the cost of delivery if the copy is transmitted other than by United States mail, and to pay in advance the costs incurred for other
supplies used in
the mailing, delivery, or transmission.
Any public office
may adopt a policy and procedures that it
will follow in
transmitting, within a reasonable period of time
after receiving
a request, copies of public records by
United
States mail or by any other means of delivery or transmission pursuant to this
division. A public office that
adopts a policy and procedures
under this division shall comply
with them in performing its
duties under this division.
In any policy and procedures adopted under this division, a
public office may limit the number of records requested by a
person that
the office will transmit by United States mail to ten
per
month, unless the person certifies to the office in writing
that the person
does not intend to use or forward the requested
records, or the information
contained
in them, for commercial
purposes. For purposes of this division, "commercial"
shall be
narrowly construed and does not include reporting or gathering
news,
reporting or gathering information to assist citizen
oversight or
understanding of the operation or activities of
government, or nonprofit
educational research.
(8) A public office or person responsible for public records
is
not required to permit a person who is incarcerated pursuant to
a
criminal conviction or a juvenile adjudication to inspect or to
obtain a copy of any public record concerning a criminal
investigation or prosecution or concerning what would be a
criminal investigation or prosecution if the subject of the
investigation or prosecution were an adult, unless the request to
inspect or to obtain a copy of the record is for the purpose of
acquiring information that is subject to release as a public
record under this section and the judge who imposed the sentence
or made the adjudication with respect to the person, or the
judge's successor in office, finds that the information sought in
the public record is necessary to support what appears to be a
justiciable claim of the person.
(9) Upon written request made and signed by a journalist on
or after
December 16,
1999, a
public office, or person responsible
for public records, having custody of
the records of the agency
employing a specified peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, youth services employee, firefighter, or EMT shall
disclose
to the
journalist the address of the actual personal
residence of
the
peace
officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, youth services employee, firefighter, or EMT and, if the
peace officer's, parole officer's, prosecuting attorney's, assistant prosecuting attorney's, correctional employee's, youth services employee's,
firefighter's, or EMT's spouse, former spouse,
or
child is employed by a
public office, the name and address of
the
employer of the peace
officer's, parole officer's, prosecuting attorney's, assistant prosecuting attorney's, correctional employee's, youth services employee's, firefighter's, or EMT's spouse,
former spouse, or
child.
The
request shall include the
journalist's name and title
and the
name
and address of the
journalist's employer and shall
state
that
disclosure of the
information sought would be in the
public
interest.
As used in this division, "journalist"
means a
person engaged in, connected with, or employed by any news
medium, including a
newspaper, magazine, press association, news
agency, or wire service, a radio or television station, or a
similar medium, for the purpose of gathering, processing,
transmitting, compiling, editing, or disseminating information for
the
general public.
(C)(1) If a person allegedly is aggrieved by the failure of a
public office or the person responsible for public records to promptly prepare a public record and to make
it
available to the person for inspection in accordance with
division
(B) of this section or by any other failure of a public
office or the person responsible for public records to comply with an obligation in accordance
with division (B) of this section, the person allegedly aggrieved
may commence a mandamus action to obtain a judgment that orders
the public office or the person responsible for the public
record
to comply with division (B) of this section, that
awards court costs and
reasonable attorney's fees to the person that instituted
the
mandamus action, and, if applicable, that includes an order fixing statutory damages under division (C)(1) of this section. The mandamus action may be commenced in the
court of common pleas of the county in which division (B) of this
section allegedly was not complied with, in the supreme court
pursuant to its original jurisdiction under Section 2 of Article
IV, Ohio Constitution, or in the court of appeals for the
appellate district in which division (B) of this section
allegedly
was not complied with pursuant to its original
jurisdiction under
Section 3 of Article IV, Ohio Constitution.
If a requestor transmits a written request by hand delivery or certified mail to inspect or receive copies of any public record in a manner that fairly describes the public record or class of public records to the public office or person responsible for the requested public records, except as otherwise provided in this section, the requestor shall be entitled to recover the amount of statutory damages set forth in this division if a court determines that the public office or the person responsible for public records failed to comply with an obligation in accordance with division (B) of this section.
The amount of statutory damages shall be fixed at one hundred dollars for each business day during which the public office or person responsible for the requested public records failed to comply with an obligation in accordance with division (B) of this section, beginning with the day on which the requester files a mandamus action to recover statutory damages, up to a maximum of one thousand dollars. The award of statutory damages shall not be construed as a penalty, but as compensation for injury arising from lost use of the requested information. The existence of this injury shall be conclusively presumed. The award of statutory damages shall be in addition to all other remedies authorized by this section.
The court may reduce an award of statutory damages or not award statutory damages if the court determines both of the following:
(a) That, based on the ordinary application of statutory law and case law as it existed at the time of the conduct or threatened conduct of the public office or person responsible for the requested public records that allegedly constitutes a failure to comply with an obligation in accordance with division (B) of this section and that was the basis of the mandamus action, a well-informed public office or person responsible for the requested public records reasonably would believe that the conduct or threatened conduct of the public office or person responsible for the requested public records did not constitute a failure to comply with an obligation in accordance with division (B) of this section;
(b) That a well-informed public office or person responsible for the requested public records reasonably would believe that the conduct or threatened conduct of the public office or person responsible for the requested public records would serve the public policy that underlies the authority that is asserted as permitting that conduct or threatened conduct.
(2)(a) If the court issues a writ of mandamus that orders the public office or the person responsible for the public record to comply with division (B) of this section and determines that the circumstances described in division (C)(1) of this section exist, the court shall determine and award to the relator all court costs.
(b) If the court renders a judgment that orders the public office or the person responsible for the public record to comply with division (B) of this section, the court may award reasonable attorney's fees subject to reduction as described in division (C)(2)(c) of this section. The court shall award reasonable attorney's fees, subject to reduction as described in division (C)(2)(c) of this section when either of the following applies:
(i) The public office or the person responsible for the public records failed to respond affirmatively or negatively to the public records request in accordance with the time allowed under division (B) of this section.
(ii) The public office or the person responsible for the public records promised to permit the relator to inspect or receive copies of the public records requested within a specified period of time but failed to fulfill that promise within that specified period of time.
(c) Court costs and reasonable attorney's fees awarded under this section shall be construed as remedial and not punitive. Reasonable attorney's fees shall include reasonable fees incurred to produce proof of the reasonableness and amount of the fees and to otherwise litigate entitlement to the fees. The court may reduce an award of attorney's fees to the relator or not award attorney's fees to the relator if the court determines both of the following:
(i) That, based on the ordinary application of statutory law and case law as it existed at the time of the conduct or threatened conduct of the public office or person responsible for the requested public records that allegedly constitutes a failure to comply with an obligation in accordance with division (B) of this section and that was the basis of the mandamus action, a well-informed public office or person responsible for the requested public records reasonably would believe that the conduct or threatened conduct of the public office or person responsible for the requested public records did not constitute a failure to comply with an obligation in accordance with division (B) of this section;
(ii) That a well-informed public office or person responsible for the requested public records reasonably would believe that the conduct or threatened conduct of the public office or person responsible for the requested public records as described in division (C)(2)(c)(i) of this section would serve the public policy that underlies the authority that is asserted as permitting that conduct or threatened conduct.
(D) Chapter 1347. of the Revised Code does not limit the
provisions of this section.
(E)(1) To ensure that all employees of public offices are appropriately educated about a public office's obligations under division (B) of this section, all elected officials or their appropriate designees shall attend training approved by the attorney general as provided in section 109.43 of the Revised Code. In addition, all public offices shall adopt a public records policy in compliance with this section for responding to public records requests. In adopting a public records policy under this division, a public office may obtain guidance from the model public records policy developed and provided to the public office by the attorney general under section 109.43 of the Revised Code. Except as otherwise provided in this section, the policy may not limit the number of public records that the public office will make available to a single person, may not limit the number of public records that it will make available during a fixed period of time, and may not establish a fixed period of time before it will respond to a request for inspection or copying of public records, unless that period is less than eight hours.
(2) The public office shall distribute the public records policy adopted by the public office under division (E)(1) of this section to the employee of the public office who is the records custodian or records manager or otherwise has custody of the records of that office. The public office shall require that employee to acknowledge receipt of the copy of the public records policy. The public office shall create a poster that describes its public records policy and shall post the poster in a conspicuous place in the public office and in all locations where the public office has branch offices. The public office may post its public records policy on the internet web site of the public office if the public office maintains an internet web site. A public office that has established a manual or handbook of its general policies and procedures for all employees of the public office shall include the public records policy of the public office in the manual or handbook.
(F)(1) The bureau of motor vehicles may adopt rules pursuant
to
Chapter 119. of the Revised Code to reasonably
limit the number
of bulk commercial special extraction requests made by a
person
for the same records or for updated records during a calendar
year.
The rules may include provisions for charges to be made for
bulk commercial
special
extraction requests for the actual cost of
the bureau, plus special extraction
costs, plus ten per cent. The
bureau may charge for
expenses for redacting information, the
release of which is prohibited by
law.
(2) As used in division (F)(1) of this section:
(a) "Actual cost" means the cost of depleted supplies,
records
storage media costs, actual mailing and alternative
delivery costs, or other
transmitting costs, and any direct
equipment operating and maintenance costs,
including actual costs
paid to private contractors for
copying services.
(b) "Bulk commercial special extraction request" means a
request
for copies of a record for information in a format other
than the format
already available, or information that cannot be
extracted without examination
of all items in a records series,
class of records, or data base by a person
who intends to use or
forward the copies for surveys, marketing, solicitation, or resale
for
commercial purposes. "Bulk commercial special extraction
request" does not
include a request by a person who gives
assurance to the bureau that the
person making the request does
not intend to use or forward the requested
copies for surveys,
marketing,
solicitation, or resale for commercial purposes.
(c) "Commercial" means profit-seeking production, buying, or
selling of any good, service, or other product.
(d) "Special extraction costs" means the cost of the time
spent
by the lowest paid employee competent to perform the task,
the actual amount
paid to outside private contractors employed by
the bureau, or the actual cost
incurred to create computer
programs to make the special extraction. "Special
extraction
costs" include any charges paid to a public agency for computer or
records services.
(3) For purposes of divisions (F)(1)
and (2) of this
section, "surveys, marketing, solicitation, or
resale for commercial purposes"
shall be narrowly construed and does not include reporting or
gathering
news, reporting or gathering information to assist
citizen oversight or
understanding of the operation or activities
of government, or nonprofit
educational research.
Section 4. That the existing version of section 149.43 of the Revised Code that is scheduled to take effect September 29, 2007, is hereby repealed.
Section 5. Sections 3 and 4 of this act shall take effect September 29, 2007.
Section 6. (A) The Ohio Department of Job and Family Services shall develop, implement, and oversee use of a Child Placement Level of Care Tool on a pilot basis. The Department shall implement the pilot program in Cuyahoga County and not more than nine additional counties selected by the Department. The pilot program shall be developed by the participating counties and must be acceptable to all participating counties. A selected county must agree to participate in the pilot program.
(B) The pilot program shall begin not later than July 1, 2008, and end not later than December 31, 2009. The length of the program shall not include any time expended in preparation for implementation or any post-pilot program evaluation activity.
(C)(1) The Ohio Department of Job and Family Services shall designate a person to independently evaluate the pilot program to rate the program's success in the following areas:
(a) Placement stability, length of stay, and other outcomes for children;
(d) Any other criteria the Department determines will be useful in the consideration of statewide implementation.
(2) The evaluation design shall include:
(a) A comparison of data to historical outcomes or control counties;
(b) A retrospective data review of Cuyahoga County's use of the tool;
(c) A prospective data evaluation in each of the ten pilot counties.
(D) The Ohio Department of Mental Health shall conduct a study of a sample of the children placed using the Child Placement Level of Care Tool, which shall run concurrent with the Ohio Department of Job and Family Services Child Placement Level of Care Tool pilot program. This study shall evaluate outcomes from the initial and regular administration of the Ohio Scales Tool and changes in the level of children's functioning over time. The Ohio Department of Mental Health shall seek maximum federal financial participation to conduct the Ohio Scales Tool evaluation. Upon completion of the study, the Ohio Department of Mental Health shall send a copy of the results of the study to the independent evaluator designated under division (C) of this section.
(E) The independent evaluator of the Child Placement Level of Care Tool designated under division (C) of this section shall compare the evaluation of the Child Placement Level of Care Tool conducted pursuant to division (C) of this section to the study of the Ohio Scales Tool conducted under division (D) of this section. The comparison should focus on analyzing any correlations between the placement stability outcomes associated with the Level of Care Tool and the behavioral health level of functioning outcomes associated with the Ohio Scales Tool. The independent evaluator shall send a copy of the evaluator's initial evaluation of the Child Placement Level of Care Tool, the Ohio Department of Mental Health study, and the comparison to the Ohio Department of Job and Family Services.
(F) The Ohio 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 this section. The Department shall seek maximum federal financial participation to support the pilot and the evaluation.
(G) As used in this section:
(1) "Child Placement Level of Care Tool" means an assessment tool to be developed by the participating counties to assess a child's placement needs when a child must be removed from the child's own home and cannot be placed with a relative or kin that includes assessing a child's behavior, history, psychological state, and the involvement of service systems.
(2) "Ohio Scales Tool" means the Ohio Youth Problems, Functioning, and Satisfaction Scales used by the Ohio Department of Mental Health to measure outcomes for youth ages five to eighteen who receive mental health services.
Section 7. The Ohio Department of Job and Family Services may seek federal approval through the United States Department of Health and Human Services to include within funding under Title IV-E of the "Social Security Act," 94 Stat. 501, 42 U.S.C. 670 (1980) an additional category of foster care certification, and simplified standards for that certification, for placements in which the child has an existing relationship with the foster caregiver.
Section 8. The Ohio Department of Job and Family Services shall partner with the Ohio Department of Mental Retardation and Developmental Disabilities to offer joint cross system briefings to better educate the professionals of both systems for more effective service delivery for dually involved children and families. The joint cross system briefings shall be conducted regularly for one year after the effective date of this act, and shall serve as a platform for conducting forums and developing training curriculums for foster caregivers that care for mentally retarded and developmentally disabled children.
Section 9. That sections 2151.23, 2151.39, 3313.64, and 5103.16 be amended and sections 5103.23, 5103.231, 5103.232, 5103.233, 5103.234, 5103.235, 5103.236, 5103.237, and 5103.238 of the Revised Code be enacted to read as follows:
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, and
3127.01
to 3127.53, of the Revised Code and, as applicable, sections 5103.20 to 5103.22 or 5103.23 to 5103.238 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. 2151.39. 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 for the placement of children shall be made according to
the provisions of sections 5103.20 to 5103.22 of the Revised
Code, or, if the interstate compact on the placement of children is in effect in this state, all placements proposed to be made in this state by a party located in a state that is a party to that compact shall be made according to the provisions of sections 5103.23 to 5103.238 of the Revised Code.
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, of the Revised Code or, as applicable,
sections 5103.20 to 5103.22 or 5103.23 to 5103.238 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 2151.362 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 2151.362 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, 3313.716, and 3313.718 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. 5103.16. (A) 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 for placement of children established under
section 5103.20
of the Revised Code or the interstate compact on the placement of children established under section 5103.23 of the Revised Code, as applicable, 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 3107.055 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. 5103.23. The interstate compact on 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 and Policy.
It is the purpose and policy of the party states to
cooperate with each other in the interstate placement of children
to the end that:
(A) Each child requiring placement shall receive the
maximum opportunity to be placed in a suitable environment and
with persons or institutions having appropriate qualifications
and facilities to provide a necessary and desirable degree and
type of care.
(B) The appropriate authorities in a state where a child
is to be placed may have full opportunity to ascertain the
circumstances of the proposed placement, thereby promoting full
compliance with applicable requirements for the protection of the
child.
(C) The proper authorities of the state from which the
placement is made may obtain the most complete information on the
basis of which to evaluate a projected placement before it is
made.
(D) Appropriate jurisdictional arrangements for the care
of children will be promoted.
(A) "Child" means a person who, by reason of minority, is
legally subject to parental, guardianship or similar control.
(B) "Sending agency" means a party state, officer or
employee thereof; a subdivision of a party state, or officer or
employee thereof; a court of a party state; a person,
corporation, association, charitable agency, or other entity
which sends, brings, or causes to be sent or brought any child to
another party state.
(C) "Receiving state" means the state to which a child is
sent, brought, or caused to be sent or brought, whether by public
authorities or private persons or agencies, and whether for
placement with state or local public authorities or for placement
with private agencies or persons.
(D) "Placement" means the arrangement for the care of a
child in a family free or boarding home, or in a child-caring
agency or institution but does not include any institution caring
for the mentally ill, mentally defective, or epileptic, or any
institution primarily educational in character, and any hospital
or other medical facility.
Article III. Conditions for Placement.
(A) No sending agency shall send, bring, or cause to be
sent or brought into any other party state any child for
placement in foster care or as a preliminary to a possible
adoption unless the sending agency shall comply with each and
every requirement set forth in this article and with the
applicable laws of the receiving state governing the placement of
children therein.
(B) Prior to sending, bringing or causing any child to be
sent or brought into a receiving state for placement in foster
care or as a preliminary to a possible adoption, the sending
agency shall furnish the appropriate public authorities in the
receiving state written notice of the intention to send, bring,
or place the child in the receiving state. The notice shall
contain:
(1) The name, date and place of the birth of the child;
(2) The identity and address or addresses of the parents
or legal guardian;
(3) The name and address of the person, agency, or
institution to or with which the sending agency proposes to send,
bring, or place the child;
(4) A full statement of the reasons for such proposed
action and evidence of the authority pursuant to which the
placement is proposed to be made.
(C) Any public officer or agency in a receiving state
which is in receipt of a notice pursuant to division (B) of this
article may request of the sending agency, or any other
appropriate officer or agency of or in the sending agency's
state, and shall be entitled to receive therefrom, such
supporting or additional information as it may deem necessary
under the circumstances to carry out the purpose and policy of
this compact.
(D) The child shall not be sent, brought, or cause
caused to be sent or brought into the receiving state until the
appropriate public authorities in the receiving state shall
notify the sending agency, in writing, to the effect that the
proposed placement does not appear to be contrary to the
interests of the child.
Article IV. Penalty for Illegal Placement.
The sending, bringing, or causing to be sent or brought
into any receiving state of a child in violation of the terms of
this compact shall constitute a violation of the laws respecting
the placement of children of both the state in which the sending
agency is located or from which it sends or brings the child and
of the receiving state. Such violation may be punished or
subjected to penalty in either jurisdiction in accordance with
its laws. In addition to liability for any such punishment or
penalty, any such violation shall constitute full and sufficient
grounds for the suspension or revocation of any license, permit,
or other legal authorization held by the sending agency which
empowers or allows it to place, or care for children.
Article V. Retention of Jurisdiction.
(A) The sending agency shall retain jurisdiction over the
child sufficient to determine all matters in relation to the
custody, supervision, care, treatment and dispostion of the child
which it would have had if the child had remained in the sending
agency's state, until the child is adopted, reaches majority,
becomes self-supporting or is discharged with the concurrence of
the appropriate authority in the receiving state. Such
jurisdiction shall also include the power to effect or cause the
return of the child or its transfer to another location and
custody pursuant to law. The sending agency shall continue to
have financial responsibility for support and maintenance of the
child during the period of the placement. Nothing contained
herein shall defeat a claim of jurisdiction by a receiving state
sufficient to deal with an act of delinquency or crime committed
therein.
(B) When the sending agency is a public agency, it may
enter into an agreement with an authorized public or private
agency in the receiving state providing for the performance of
one or more services in respect of such case by the latter as
agent for the sending agency.
(C) Nothing in this compact shall be construed to prevent
a private charitable agency authorized to place children in the
receiving state from performing services or acting as agent in
that state for a private charitable agency of the sending state;
nor to prevent the agency in the receiving state from discharging
financial responsibility for the support and maintenance of a
child who has been placed on behalf of the sending agency without
relieving the responsibility set forth in paragraph (A) hereof.
Article VI. Institutional Care of Delinquent Children.
A child adjudicated delinquent may be placed in an
institution in another party jurisdiction pursuant to this
compact but no such placement shall be made unless the child is
given a court hearing on notice to the parent or guardian with
opportunity to be heard prior to his being sent to such other
party jurisdiction for institutional care and the court finds
that:
(A) Equivalent facilities for the child are not available
in the sending agency's jurisdiction; and
(B) Institutional care in the other jurisdiction is in the
best interest of the child and will not produce undue hardship.
Article VII. Compact Administrator.
The executive head of each jurisdiction party to this
compact shall designate an officer who shall be general
coordinator of activities under this compact in his jurisdiction
and who, acting jointly with like officers of other party
jurisdictions, shall have power to promulgate rules and
regulations to carry out more effectively the terms and
provisions of this compact.
Article VIII. Limitations.
This compact shall not apply to:
(A) The sending or bringing of a child into a receiving
state by his parent, step-parent, grandparent, adult brother or
sister, adult uncle or aunt, or his guardian and leaving the
child with any such relative or non-agency guardian in the
receiving state.
(B) Any placement, sending or bringing of a child into a
receiving state pursuant to any other interstate compact to which
both the state from which the child is sent or brought and the
receiving state are party, or to any other agreement between said
states which has the force of law.
Article IX. Enactment and Withdrawal.
This compact shall be open to joinder by any state,
territory or possession of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, and, with the consent
of congress, the government of Canada, or any province thereof.
It shall become effective with respect to any such jurisdiction
when such jurisdiction has enacted the same into law. Withdrawal
from this compact shall be by the enactment of a statute
repealing the same, but shall not take effect until two years
after the effective date of such statute and until written notice
of the withdrawal has been given by the withdrawing state to the
governor of each other party jurisdiction. Withdrawal of a party
state shall not affect the rights, duties and obligations under
this compact of any sending agency therein with respect to a
placement made prior to the effective date of withdrawal.
Article X. Construction and Severability.
The provisions of this compact shall be liberally construed
to effectuate the purposes thereof. The provisions of this
compact shall be severable and if any phrase, clause, sentence or
provision of this compact is declared to be contrary to the
constitution of any party state or of the United States or the
applicability thereof to any government, agency, person, or
circumstance is held invalid, the validity of the remainder of
this compact and the applicability thereof to any government,
agency, person or circumstance shall not be affected thereby. If
this compact shall be held contrary to the constitution of any
state party thereto, the compact shall remain in full force and
effect as to the state affected as to all severable matters.
Sec. 5103.231. Financial responsibility for any child placed pursuant to the
provisions of the interstate compact on the placement of children shall be
determined in accordance with the provisions of Article V of section 5103.23
of
the Revised Code. However, in the event of parental or complete default of
performance thereunder, the provisions of laws fixing responsibility for the
support of children also may be invoked.
Sec. 5103.232. The
"appropriate public authorities" as used
in Article III of
the interstate compact on the placement of
department of job and family
services and
that department shall
receive and act with reference to notices required by
said Article
III.
Sec. 5103.233. As used in paragraph (A) of Article V of the
interstate compact
on the placement of children, the phrase
"appropriate authority in the
receiving state" with reference to
this state shall mean the department of
job and family services.
Sec. 5103.234. The officers and agencies of this state and its subdivisions
having authority to place children are hereby empowered to enter into
agreements with appropriate officers or agencies of or in other party states
pursuant to paragraph (B) of Article V of the interstate compact on the
placement of children. Any such agreement which contains a financial
commitment or imposes a financial obligation on this state is subject to the
approval of the director of budget and management. Any such agreement which
contains a financial commitment or imposes a financial obligation on any
subdivision of this state shall not be binding unless it has the approval in
writing of the chief local fiscal officer.
Sec. 5103.235. Any requirements for visitation, inspection, or supervision of
children, homes, institutions, or other agencies in another party state which
may apply under Chapter 5103. of the Revised Code shall be deemed to be met if
performed pursuant to an agreement entered into by appropriate officers or
agencies of this state or a subdivision thereof as contemplated by paragraph
(B) of Article V of the interstate compact on the placement of children.
Sec. 5103.236. Any court having jurisdiction to place delinquent children may
place such a child in an institution in another state pursuant to Article VI
of
the interstate compact on the placement of children and shall retain
jurisdiction as provided in Article V thereof.
Sec. 5103.237. As used in Article VII of the interstate compact on the
placement of children, the term "executive head" means the governor. The
Governor is hereby authorized to appoint a compact administrator in accordance
with the terms of said Article VII.
Sec. 5103.238. Nothing contained in this chapter shall be construed to effect
a
voluntary or court ordered termination of parental rights occurring before
January 1, 1976.
Section 10. That existing sections 2151.23, 2151.39, 3313.64, and 5103.16 of the Revised Code are hereby repealed.
Section 11. Sections 5103.23 to 5103.238 and the amendments to sections 2151.23, 2151.39, 3313.64, and 5103.16 of the Revised Code shall continue in effect until the Interstate Compact for the Placement of Children contained in sections 5103.20 to 5103.22 of the Revised Code becomes effective as described in Article XIV of that Compact, at which time sections 5103.23 to 5103.238 and the amendments made by this act to sections 2151.23, 2151.39, 3313.64, and 5103.16 of the Revised Code no longer apply.
Section 12. The enactment of the Interstate Compact on the Placement of Children in Section 8 of this act is a continuation of the interstate compact of the same name that was repealed in Am. Sub. S.B. 238 of the 126th General Assembly but remains in effect according to Article IX of that Compact.
Section 13. Section 149.43 of the Revised Code is presented in Section 3 of
this act as a composite of the section as amended by both Sub. H.B. 9 and Sub. H.B. 141 of
the 126th General Assembly. Section 3313.64 of the Revised Code is presented in
this act as a composite of the section as amended by Am. Sub. H.B. 137, Am. Sub. H.B. 530, Sub. S.B. 164, and Am. Sub. S.B. 238 of
the 126th 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
versions of the sections in effect prior to the effective date of
the sections as presented in this act.
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