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Sub. S. B. No. 163 As Reported by the Senate Judiciary--Criminal Justice CommitteeAs Reported by the Senate Judiciary--Criminal Justice Committee
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Senators Cates, Kearney, Austria, Clancy, Schuring, Padgett, Sawyer, Schaffer
A BILL
To amend sections 109.57, 109.572, 109.60, 109.99, 2151.413, 2151.414, 2151.417, 2151.419, 2151.421, 2151.424, 2151.55, 2151.551, 2151.553, 2151.554, 2151.86, 3107.033, 3107.034, 3107.14, 5101.13, 5101.132, 5101.134, 5103.03, 5103.0319, 5103.0326, 5103.16, 5103.18, 5104.011, 5104.012, 5104.013, 5104.09, and 5104.30, to amend, for the purpose of adopting new section numbers as indicated in parentheses sections 2151.553 (2151.552) and 2151.554 (2151.553), and to enact new section 2151.554 and sections 109.581, 1901.43, 1907.181, 2301.10, 3107.062, 5101.32, 5103.0328, and 5104.022, and to repeal section 2151.552 of the Revised Code to improve foster caregiver background checks, clarify when a court must order a person to be fingerprinted, establish the retained applicant fingerprint database, modify the notifications that must be given before a child is placed in foster care, and make other changes in the law regarding approval of out-of-home care workers, adoptive parents, foster caregivers, and child day-cares.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.57, 109.572, 109.60, 109.99, 2151.413, 2151.414, 2151.417, 2151.419, 2151.421, 2151.424, 2151.55, 2151.551, 2151.553, 2151.554, 2151.86, 3107.033, 3107.034, 3107.14, 5101.13, 5101.132, 5101.134, 5103.03, 5103.0319, 5103.0326, 5103.16, 5103.18, 5104.011, 5104.012, 5104.013, 5104.09, and 5104.30 be amended, that sections 2151.553 (2151.552) and 2151.554 (2151.553) be amended for the purpose of adopting new section numbers as indicated in parentheses, and that new section 2151.554 and sections 109.581, 1901.43, 1907.181, 2301.10, 3107.062, 5101.32, 5103.0328, and 5104.022 of the Revised Code be enacted to read as follows:
Sec. 109.57. (A)(1) The superintendent of the bureau of
criminal identification and investigation shall procure from wherever
procurable and file
for record photographs, pictures, descriptions, fingerprints,
measurements, and other information that may be pertinent of
all persons who have been convicted of committing within this state a
felony, any crime
constituting a misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code, of all
children under eighteen years of age who have been adjudicated
delinquent children for committing within this state an act that would
be a felony or
an offense of violence if committed by an adult or who have been
convicted of
or pleaded guilty to committing within this state a felony or an offense
of violence, and of all
well-known and habitual criminals. The person
in charge of any
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based correctional
facility, halfway house, alternative residential facility, or
state correctional institution and the person in
charge of any state institution having custody of a person
suspected of having committed a felony, any crime constituting
a misdemeanor on the first offense and a felony on subsequent offenses,
or any misdemeanor described in division (A)(1)(a), (A)(8)(a), or (A)(10)(a)
of section 109.572 of the Revised Code or having custody of a child
under eighteen years of age with respect to whom there is
probable
cause to believe that the child may have committed an act that would
be a felony or
an offense of violence if committed by an adult shall furnish such
material
to the superintendent of
the bureau. Fingerprints, photographs, or other
descriptive information of a child who is under eighteen years of age,
has not been arrested or otherwise taken into custody for committing an act
that would be a felony or an offense of
violence if committed by an adult, has not
been adjudicated a delinquent child for committing an act
that would be a felony or an offense of violence
if committed by an adult, has not been convicted of
or pleaded guilty to committing a
felony or an
offense of violence, who is not in any other category of child specified in this division, and is not a child with respect to whom there is
probable cause to
believe that the child may have committed an act
that would be a felony or
an offense of violence if committed by an adult
shall not be procured by the superintendent or furnished by any
person in charge of any
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based correctional
facility, halfway house, alternative residential facility, or
state correctional institution, except as
authorized in section 2151.313 of the Revised Code.
(2) Every clerk of a
court of record in this state, other than the
supreme court or a court of appeals, shall send to the
superintendent of
the bureau a weekly report containing a summary of each case
involving a felony, involving any crime constituting a
misdemeanor on the
first offense and a felony on subsequent offenses, involving a misdemeanor
described in division (A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572
of the Revised Code, or involving an
adjudication in a case in which a child under eighteen years of age was
alleged to be a delinquent child
for committing an act that would be a
felony or an offense of violence if committed by
an adult. The clerk
of the court of common pleas shall include in the report and summary the clerk
sends under this division all information described in divisions
(A)(2)(a) to (f) of this section
regarding a case before the court of appeals that is served by that
clerk. The summary shall be written on the standard forms
furnished by the
superintendent pursuant to division (B) of this section and shall
include the following information:
(a) The incident tracking number contained on the standard forms
furnished by the superintendent pursuant to division (B) of this
section;
(b) The style and number of the case;
(c) The date of arrest, offense, summons, or arraignment;
(d) The date that the person was convicted of or pleaded guilty
to the offense, adjudicated a delinquent child for committing the act that
would be
a felony or an
offense of violence if committed by an adult, found not guilty of the
offense, or found not to be a delinquent child for committing an act that
would be a
felony or an
offense of violence if committed by an adult, the date of an entry
dismissing
the charge, an entry declaring a mistrial of the offense in which the person
is discharged, an entry finding that the person or child is not competent to
stand trial, or an entry of a nolle prosequi, or the date of any other
determination that constitutes final resolution of the case;
(e) A statement of the original charge with the section of the Revised Code
that was alleged to be violated;
(f) If the person or child was convicted, pleaded guilty, or was
adjudicated a delinquent child, the sentence or
terms of probation imposed or any other disposition of the
offender or the delinquent child.
If the offense involved the disarming of a law enforcement officer or an
attempt to disarm a law enforcement officer, the clerk shall
clearly state that fact in the summary, and the superintendent shall ensure
that a clear statement of that fact is placed in the bureau's records.
(3) The superintendent shall cooperate with and assist
sheriffs,
chiefs of police, and other law enforcement officers in the establishment of
a complete system of criminal identification and in obtaining
fingerprints and other means of identification of all persons
arrested on a charge of a felony, any crime constituting a
misdemeanor on the first offense and a felony on subsequent
offenses, or a misdemeanor described in division
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code and of all children
under
eighteen years of age arrested or otherwise taken into custody for committing
an act that would
be a felony or an offense of violence if committed by an adult.
The
superintendent also shall file for record the
fingerprint impressions of all persons confined in a county, multicounty,
municipal, municipal-county, or multicounty-municipal jail or workhouse,
community-based correctional facility, halfway house,
alternative residential facility, or state correctional institution for
the violation of state
laws and of all children under
eighteen years of age who
are confined in a county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based
correctional facility, halfway house, alternative residential facility, or
state correctional
institution or in any
facility for delinquent children for committing an act
that would be a felony or
an offense of violence if committed by an adult, and any other
information
that the superintendent may receive from law enforcement
officials of the state and its political subdivisions.
(4) The superintendent shall carry out Chapter 2950. of
the
Revised Code with respect to the registration of
persons who are convicted of or plead guilty
to either a sexually oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense and with respect to all other duties imposed on
the bureau under that chapter.
(5) The bureau shall perform centralized recordkeeping functions for criminal history records and services in this state for purposes of the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code and is the criminal history record repository as defined in that section for purposes of that compact. The superintendent or the superintendent's designee is the compact officer for purposes of that compact and shall carry out the responsibilities of the compact officer specified in that compact.
(B) The superintendent shall prepare and furnish to every
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based correctional
facility, halfway house, alternative residential facility, or
state correctional institution and to every clerk of a court in this
state specified in division (A)(2) of this
section standard forms for reporting the information required
under division (A) of this
section. The standard forms that the superintendent prepares pursuant to
this division may be in a tangible format, in an electronic format, or in both
tangible formats and electronic formats.
(C) The superintendent may operate a center for
electronic, automated, or other data processing for the storage
and retrieval of information, data, and statistics pertaining to
criminals and to children under eighteen years of age who are adjudicated
delinquent children for committing an
act that would be a felony or an offense of
violence if committed by an adult, criminal activity, crime prevention,
law
enforcement,
and criminal justice, and may establish and operate a statewide
communications network to gather and disseminate information,
data, and statistics for the use of law enforcement agencies. The
superintendent may gather, store, retrieve, and
disseminate information, data, and statistics that pertain to children who are
under eighteen years of age and that are gathered pursuant to sections 109.57
to 109.61 of the Revised Code together with information, data, and
statistics that pertain to adults and that are gathered pursuant to those
sections. In addition to any other authorized use of information, data, and statistics of that nature, the superintendent or the superintendent's designee may provide and exchange the information, data, and statistics pursuant to the national crime prevention and privacy compact as described in division (A)(5) of this section.
(D) The information and materials furnished to the
superintendent pursuant to division (A) of this section and
information and materials furnished to any board or person under
division (F) or (G) of this section are not public records under section
149.43 of the Revised Code.
(E) The attorney general shall adopt rules, in accordance
with Chapter 119. of the Revised Code, setting forth the
procedure by which a person may receive or release information
gathered by the superintendent pursuant to
division (A) of this
section. A reasonable fee may be charged for this service. If a
temporary employment service submits a request for a determination
of whether a person the service plans to refer to an employment
position has been convicted of or pleaded guilty to an offense
listed in division (A)(1), (3), (4), (5), or (6) of section 109.572
of the Revised Code, the request shall be treated as a single
request and only one fee shall be charged.
(F)(1) As used in division (F)(2) of this section, "head
start agency" means an entity in this state that has been
approved to be an agency for purposes of subchapter II of the
"Community Economic Development Act," 95 Stat. 489 (1981), 42
U.S.C.A. 9831, as amended.
(2)(a) In addition to or in conjunction with any request that
is required to be made under section 109.572, 2151.86, 3301.32,
3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5123.081, 5126.28,
5126.281, or 5153.111 of the Revised Code, the board of education
of any school district; the director of mental retardation and
developmental disabilities; any county board of mental retardation
and developmental disabilities; any entity under contract with a
county board of mental retardation and developmental
disabilities; the chief administrator of any chartered nonpublic
school; the chief administrator of any home health agency;
the chief administrator of or person operating any child
day-care center, type A family day-care home, or type B family
day-care home licensed or certified under Chapter 5104. of the
Revised Code; the administrator of any type C family day-care
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st
general assembly; the chief administrator of any head start agency;
or the executive director of a public children services agency
may request that the superintendent of the bureau investigate and
determine, with respect to any individual who has applied for
employment in any position after October 2, 1989, or any individual
wishing to apply for employment with a board of education may
request, with regard to the
individual, whether the bureau has any
information gathered under division (A) of this section that
pertains to that individual. On receipt of the request, the
superintendent shall determine whether that information
exists
and, upon request of the person, board, or entity requesting
information, also shall request from the federal bureau of
investigation any criminal records it has pertaining
to that
individual. The superintendent or the superintendent's designee also may request criminal history records from other states or the federal government pursuant to the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code. Within thirty days of the date that the superintendent
receives a
request, the superintendent shall send to the board, entity, or
person a report of any information that the superintendent
determines exists,
including information contained in records that have been sealed
under section 2953.32 of the Revised Code, and, within thirty
days of its receipt, shall send the board, entity, or person a
report of any information received from the federal
bureau of investigation, other than information the dissemination
of which is prohibited by federal law.
(b) When a board of education is required to receive information
under this section as a prerequisite to employment of an
individual pursuant to section 3319.39 of the Revised Code, it may accept a
certified copy of records that were issued
by the bureau of criminal identification and investigation and that are
presented by an individual applying for employment with the
district in lieu of requesting that information itself. In such a case, the
board shall accept the certified copy issued by the bureau in order to make a
photocopy of it for that individual's employment application documents and
shall return the certified copy to the individual. In a case of that nature,
a district only shall
accept a certified copy of records of that nature within one year
after the date of their issuance by the
bureau.
(3) The state board of education may request, with respect
to any individual who has applied for employment after October 2,
1989, in any position with the state board or the department of
education, any information that a school district board of
education is authorized to request under division (F)(2)
of this section, and the
superintendent of the bureau shall proceed as if the request has
been received from a school district board of education under
division (F)(2) of this section.
(4) When the superintendent of the bureau receives a
request for information under section 3319.291
of the Revised Code, the superintendent shall proceed as if the
request has been received from a school district board of
education under division (F)(2) of this section.
(5) When a recipient of a classroom
reading
improvement grant paid under section 3301.86 of the Revised
Code
requests, with respect to any individual who applies to participate in
providing any program or service
funded in whole or in
part by the grant, the information that a school district board of
education is authorized to request under division
(F)(2)(a) of
this section, the superintendent of the bureau shall proceed as if the
request has been
received from a school district board of education under division
(F)(2)(a) of this section.
(G) In addition to or in conjunction with
any request that is required to be made under section 3701.881,
3712.09,
3721.121, or 3722.151 of the Revised
Code with respect to an individual who has applied for employment in
a position that involves providing direct care to an older adult, the chief
administrator of a home health agency,
hospice care program, home licensed under Chapter 3721.
of the Revised Code, adult day-care program
operated pursuant to rules adopted under section 3721.04 of the
Revised Code, or adult care facility
may request that the superintendent of the bureau
investigate and determine, with respect to any individual who has
applied after
January 27, 1997, for employment in a position that
does not involve providing
direct care to an older adult, whether the bureau has any information
gathered under division (A) of this section that pertains
to that individual.
In addition to or in conjunction with any request that is required to be made under section 173.27 of the Revised Code with respect to an individual who has applied for employment in a position that involves providing ombudsperson services to residents of long-term care facilities or recipients of community-based long-term care services, the state long-term care ombudsperson, ombudsperson's designee, or director of health may request that the superintendent investigate and determine, with respect to any individual who has applied for employment in a position that does not involve providing such ombudsperson services, whether the bureau has any information gathered under division (A) of this section that pertains to that applicant.
In addition to or in conjunction with any request that is required to be made under section 173.394 of the Revised Code with respect to an individual who has applied for employment in a position that involves providing direct care to an individual, the chief administrator of a community-based long-term care agency may request that the superintendent investigate and determine, with respect to any individual who has applied for employment in a position that does not involve providing direct care, whether the bureau has any information gathered under division (A) of this section that pertains to that applicant.
On receipt of a request under this division, the
superintendent shall determine whether that information
exists
and, on request of the individual requesting information,
shall also request from the federal bureau of investigation any
criminal records it has pertaining to the applicant. The superintendent or the superintendent's designee also may request criminal history records from other states or the federal government pursuant to the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code. Within
thirty days of the date a request is received, the superintendent
shall send to the requester a report of any
information determined to exist, including information contained
in records that have been sealed under section 2953.32 of the
Revised Code, and, within thirty days of its
receipt, shall send the requester a report of any
information received from the federal bureau of
investigation,
other than information the dissemination of which is prohibited
by federal law.
(H) Information obtained by a government entity or person under this section is confidential
and shall not be released or disseminated.
(I) The superintendent may charge a reasonable fee for
providing information or criminal records under division (F)(2)
or (G) of this section.
Sec. 109.572. (A)(1) Upon receipt of a request pursuant to section 121.08, 3301.32, 3301.541, or 3319.39, 5104.012, or 5104.013 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, or a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense;
(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(1)(a) of this section.
(2) On receipt of a request pursuant to section 5123.081 of the Revised Code with respect to an applicant for employment in any position with the department of mental retardation and developmental disabilities, pursuant to section 5126.28 of the Revised Code with respect to an applicant for employment in any position with a county board of mental retardation and developmental disabilities, or pursuant to section 5126.281 of the Revised Code with respect to an applicant for employment in a direct services position with an entity contracting with a county board for employment, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, or 3716.11 of the Revised Code;
(b) An existing or former municipal ordinance or law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(2)(a) of this section.
(3) On receipt of a request pursuant to section 173.27, 173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check with respect to any person who has applied for employment in a position for which a criminal records check is required by those sections. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(3)(a) of this section.
(4) On receipt of a request pursuant to section 3701.881 of the Revised Code with respect to an applicant for employment with a home health agency as a person responsible for the care, custody, or control of a child, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense;
(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(4)(a) of this section.
(5) On receipt of a request pursuant to section 5111.95 or 5111.96 of the Revised Code with respect to an applicant for employment with a waiver agency participating in a department of job and family services administered home and community-based waiver program or an independent provider participating in a department administered home and community-based waiver program in a position that involves providing home and community-based waiver services to consumers with disabilities, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check. The superintendent shall conduct the criminal records check in the manner described in division (B) of this
section to determine whether any information
exists that indicates that the person who is the subject of the request
previously has been
convicted of or pleaded guilty to any of
the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04,
2903.041, 2903.11, 2903.12, 2903.13, 2903.16,
2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date;
(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(5)(a) of this section.
(6) On receipt of a request pursuant to section 3701.881 of the Revised Code with respect to an applicant for employment with a home health agency in a position that involves providing direct care to an older adult, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(6)(a) of this section.
(7) When conducting a criminal records check upon a request pursuant to section 3319.39 of the Revised Code for an applicant who is a teacher, in addition to the determination made under division (A)(1) of this section, the superintendent shall determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any offense specified in section 3319.31 of the Revised Code.
(8) On receipt of a request pursuant to section 2151.86 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense, two or more OVI or OVUAC violations committed within the three years immediately preceding the submission of the application or petition that is the basis of the request, or felonious sexual penetration in violation of former section 2907.12 of the Revised Code;
(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(8)(a) of this section.
(9) When conducting a criminal records check on Upon receipt of a request pursuant to section 5104.012 or 5104.013 of the Revised Code for a person who is an owner, licensee, or administrator of a child day-care center or type A family day-care home, an authorized provider of a certified type B family day-care home, or an adult residing in a type A or certified type B home, or when conducting a criminal records check or a request pursuant to section 5104.012 of the Revised Code for a person who is an applicant for employment in a center, type A home, or certified type B home, the superintendent, in addition to the determination made under division (A)(1) of this section, shall, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04, 2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12, 2919.22, 2919.24, 2919.25, 2921.11, 2921.13, or 2923.01, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense, a violation of section 2923.02 or 2923.03 of the Revised Code that relates to a crime specified in this division or division (A)(1)(a) of this section, or a second violation of section 4511.19 of the Revised Code within five years of the date of application for licensure or certification.
(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses or violations described in division (A)(9)(a) of this section.
(10) Upon receipt of a request pursuant to section 5153.111 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, or a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense;
(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(10)(a) of this section.
(11) On receipt of a request for a criminal records check from an individual pursuant to section 4749.03 or 4749.06 of the Revised Code, accompanied by a completed copy of the form prescribed in division (C)(1) of this section and a set of fingerprint impressions obtained in a manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists indicating that the person who is the subject of the request has been convicted of or pleaded guilty to a felony in this state or in any other state. If the individual indicates that a firearm will be carried in the course of business, the superintendent shall require information from the federal bureau of investigation as described in division (B)(2) of this section. The superintendent shall report the findings of the criminal records check and any information the federal bureau of investigation provides to the director of public safety.
(12) On receipt of a request pursuant to section 1322.03, 1322.031, or 4763.05 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check with respect to any person who has applied for a license, permit, or certification from the department of commerce or a division in the department. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following: a violation of section 2913.02, 2913.11, 2913.31, 2913.51, or 2925.03 of the Revised Code; any other criminal offense involving theft, receiving stolen property, embezzlement, forgery, fraud, passing bad checks, money laundering, or drug trafficking, or any criminal offense involving money or securities, as set forth in Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of the Revised Code; or any existing or former law of this state, any other state, or the United States that is substantially equivalent to those offenses.
(13) Not later than thirty days after the date the superintendent receives the request, completed form, and fingerprint impressions, the superintendent shall send the person, board, or entity that made the request any information, other than information the dissemination of which is prohibited by federal law, the superintendent determines exists with respect to the person who is the subject of the request that indicates that the person previously has been convicted of or pleaded guilty to any offense listed or described in division (A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), or (12) of this section, as appropriate. The superintendent shall send the person, board, or entity that made the request a copy of the list of offenses specified in division (A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), or (12) of this section, as appropriate. If the request was made under section 3701.881 of the Revised Code with regard to an applicant who may be both responsible for the care, custody, or control of a child and involved in providing direct care to an older adult, the superintendent shall provide a list of the offenses specified in divisions (A)(4) and (6) of this section.
(B) The superintendent shall conduct any criminal records check requested under section 121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code as follows:
(1) The superintendent shall review or cause to be reviewed any relevant information gathered and compiled by the bureau under division (A) of section 109.57 of the Revised Code that relates to the person who is the subject of the request, including any relevant information contained in records that have been sealed under section 2953.32 of the Revised Code;
(2) If the request received by the superintendent asks for information from the federal bureau of investigation, the superintendent shall request from the federal bureau of investigation any information it has with respect to the person who is the subject of the request, including fingerprint based checks of national crime information databases as described in 42 U.S.C. 671 if the request is made pursuant to section 2151.86, 5104.012, or 5104.013 of the Revised Code or if any other Revised Code section requires fingerprint based checks of that nature, and shall review or cause to be reviewed any information the superintendent receives from that bureau.
(3) The superintendent or the superintendent's designee may request criminal history records from other states or the federal government pursuant to the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code.
(C)(1) The superintendent shall prescribe a form to obtain the information necessary to conduct a criminal records check from any person for whom a criminal records check is required by section 121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The form that the superintendent prescribes pursuant to this division may be in a tangible format, in an electronic format, or in both tangible and electronic formats.
(2) The superintendent shall prescribe standard impression sheets to obtain the fingerprint impressions of any person for whom a criminal records check is required by section 121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. Any person for whom a records check is required by any of those sections shall obtain the fingerprint impressions at a county sheriff's office, municipal police department, or any other entity with the ability to make fingerprint impressions on the standard impression sheets prescribed by the superintendent. The office, department, or entity may charge the person a reasonable fee for making the impressions. The standard impression sheets the superintendent prescribes pursuant to this division may be in a tangible format, in an electronic format, or in both tangible and electronic formats.
(3) Subject to division (D) of this section, the superintendent shall prescribe and charge a reasonable fee for providing a criminal records check requested under section 121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The person making a criminal records request under section 121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code any of those sections shall pay the fee prescribed pursuant to this division. A person making a request under section 3701.881 of the Revised Code for a criminal records check for an applicant who may be both responsible for the care, custody, or control of a child and involved in providing direct care to an older adult shall pay one fee for the request.
(4) The superintendent of the bureau of criminal identification and investigation may prescribe methods of forwarding fingerprint impressions and information necessary to conduct a criminal records check, which methods shall include, but not be limited to, an electronic
method.
(D) A determination whether any information exists that indicates that a person previously has been convicted of or pleaded guilty to any offense listed or described in division (A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or (b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b), (A)(9)(a) or (b), (A)(10)(a) or (b), or (A)(12) of this section that is made by the superintendent with respect to information considered in a criminal records check in accordance with this section is valid for the person who is the subject of the criminal records check for a period of one year from the date upon which the superintendent makes the determination. During the period in which the determination in regard to a person is valid, if another request under this section is made for a criminal records check for that person, the superintendent shall provide the information that is the basis for the superintendent's initial determination at a lower fee than the fee prescribed for the initial criminal records check.
(E) As used in this section:
(1) "Criminal records check" means any criminal records check conducted by the superintendent of the bureau of criminal identification and investigation in accordance with division (B) of this section.
(2) "Home and community-based waiver services" and "waiver agency" have the same meanings as in section 5111.95 of the Revised Code.
(3) "Independent provider" has the same meaning as in section 5111.96 of the Revised Code.
(4) "Minor drug possession offense" has the same meaning as in section 2925.01 of the Revised Code.
(5) "Older adult" means a person age sixty or older.
(6) "OVI or OVUAC violation" means a violation of section 4511.19 of the Revised Code or a violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to section 4511.19 of the Revised Code.
Sec. 109.581. (A) As used in this section:
(1) "Individual" means any person who is required by law to submit fingerprint impressions to a participating entity for a criminal records check.
(2) "Participating entity" means a state agency or government agency required by statute to submit fingerprint impressions of an individual for a criminal records check as a condition of licensure, certification, approval for adoption, employment, or volunteer service with the agency.
(3) "State agency" has the same meaning as in section 9.23 of the Revised Code.
(B) The superintendent of the bureau of criminal identification and investigation shall establish and maintain a retained applicant fingerprint database, separate and apart from all other records maintained by the bureau, to notify a participating entity when an individual who is licensed, certified, approval for adoption, or employed by, or volunteers with, the participating entity and is arrested for, or pleads guilty to or is convicted of, an offense that would disqualify that individual from licensure, certification, approval, or employment by, or volunteering with, the participating entity.
(C)(1) A participating entity shall ensure that the superintendent of the bureau of criminal identification and investigation receives fingerprint impressions in a manner prescribed by the bureau in rules adopted under this section prior to an individual being licensed, certified, approved for adoption, or employed by, or beginning volunteer service with, the participating entity. The bureau shall enter information and the fingerprint impressions relating to the individual into the retained applicant fingerprint database within thirty days of receiving the information and impressions.
(2) An individual who has submitted fingerprint impressions for licensure, certification, approval for adoption, or employment by, or volunteer service with, a participating entity shall be reprinted for licensure, certification, approval, employment, or volunteer service with another participating entity. If an individual has been reprinted, the superintendent of the bureau of criminal identification and investigation shall update that individual's information accordingly.
(3) A participating entity shall notify the bureau of criminal identification and investigation when an individual is no longer licensed, certified, approved for adoption, or employed by, or volunteers with, the participating entity, or the individual is deceased.
(D) The superintendent of the bureau of criminal identification and investigation shall promptly notify a participating entity when an individual who is licensed, certified, approved for adoption, or employed by, or volunteers with, a participating entity is arrested for, or pleads guilty to or is convicted of, an offense that would disqualify that individual from licensure, certification, approval, employment, or volunteering with the participating entity.
(E)(1) Information contained in the retained applicant fingerprint database, and in the notice described in division (D) of this section, shall be used by the bureau of criminal identification and investigation and the participating entity for the purposes of licensure, certification, approval for adoption, or employment by, or volunteer service with, the participating entity, and such information is otherwise confidential and not a public record under section 149.43 of the Revised Code.
(2) No person shall knowingly disseminate or use the information contained in the retained applicant fingerprint database for any purpose that is not authorized by law or by rules adopted pursuant to this section.
(3) No person shall knowingly use the information contained in the retained applicant fingerprint database to harass or intimidate another person.
(F)(1) Any law enforcement official, or official employed by the participating entity who receives notification under this section, who disseminates, or fails to disseminate, information contained in the retained applicant fingerprint database in good faith compliance with the duties imposed by this section is immune from civil liability relating to that dissemination or failure to disseminate, unless the official's actions were manifestly outside the scope of duties imposed by this section or unless the official acted with malicious purpose, in bad faith, or in a wanton or reckless manner.
(2) A participating entity shall not be found negligent per se in a civil action for failure to submit an individual's information or fingerprint impressions to the bureau of criminal identification and investigation in accordance with this section.
(G) Not later than six months after the effective date of this section, each participating entity that is a state agency shall adopt rules in accordance with Chapter 119. of the Revised Code to implement this section. The rules shall be consistent with the provisions of this section that are applicable to the participating entity. Prior to the date on which rules adopted by a participating entity under this division take effect, the participating entity may use information provided under this section, notwithstanding the fact that the rules have not taken effect, and the lack of rules does not limit or restrict the participating entity from using information so provided.
(H) The superintendent of the bureau of criminal identification and investigation shall adopt rules in accordance with Chapter 119. of the Revised Code necessary to carry out the purposes of this section, including rules regarding all of the following:
(1) The establishment and maintenance of the retained applicant fingerprint database;
(2) The collection of fingerprint impressions and a reasonable fee for utilizing the database;
(3) The expungement of fingerprint impressions and other personal information of individuals who are deceased or are no longer licensed, certified, approved for adoption, or employed by, or volunteer with, a participating entity.
Sec. 109.60. (A)(1) The sheriffs of the several counties and the
chiefs of police of cities, immediately upon the arrest of
any person for any felony, on suspicion of any felony, for a
crime constituting a misdemeanor on the first offense and a
felony on subsequent offenses, or for any misdemeanor described in
division (A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572
of the Revised Code, and immediately upon the
arrest or taking
into custody of any child under
eighteen
years of age for committing an act
that would be a felony or an offense of violence
if committed by an adult or upon probable cause to believe
that a child of that
age may have committed an act that would be a
felony or
an offense of violence if committed by an adult, shall
take the person's or child's fingerprints, or cause
the same to be taken, according to the fingerprint system of
identification on the forms furnished by the superintendent of
the bureau of criminal identification and investigation, and immediately
shall
forward copies of the completed forms,
any other description that may be required, and
the history of the offense
committed
to the bureau to be classified and filed and to the clerk of the court
having jurisdiction over the prosecution of the offense or over the
adjudication relative to the act.
(2) If Except as provided in division (B) of this section, if a person or child has not been arrested and first appears before a court or magistrate in response to a summons, or if a sheriff or chief of police
has not taken, or caused to be taken, a person's or child's
fingerprints in accordance with division
(A)(1) of this section by the time of the
arraignment or first appearance of the person or child, the
court shall order the person or child to appear before the
sheriff or chief of police within twenty-four hours to have the
person's or child's fingerprints taken. The sheriff or
chief of police shall take the person's or child's fingerprints,
or cause the fingerprints to be taken, according to the fingerprint
system of identification on the forms furnished by the
superintendent of the bureau of criminal identification and
investigation and, immediately after the person's or
child's arraignment or first appearance, forward copies of the completed
forms, any
other description that may be required, and the history of
the offense committed to the bureau to be classified and
filed and to the clerk of the court.
(3) Every court with jurisdiction over a case involving a person or child
with respect to whom division (A)(1) or (2) of this section
requires a
sheriff or chief of police to take the person's or child's fingerprints shall
inquire at the time of the person's or child's sentencing or
adjudication whether or not the person or child has been
fingerprinted pursuant to division
(A)(1) or (2) of this section
for the original arrest or court appearance upon which the sentence or adjudication
is based. If the person or child was not fingerprinted for
the original arrest or court appearance upon which the sentence or adjudication is
based, the court shall order the person or child to appear before the
sheriff or chief of police within twenty-four hours to have the person's or
child's fingerprints taken. The sheriff or chief of police shall
take the person's or child's fingerprints, or cause the fingerprints to
be taken, according to the fingerprint system of identification
on the forms furnished by the superintendent of the bureau of
criminal identification and investigation and immediately
forward copies of the completed forms, any other description that
may be required, and the history of the offense committed
to the bureau to be classified and filed and to the clerk of the court.
(4) If a person or child is in the custody of a law
enforcement agency or a detention facility, as defined in
section 2921.01 of the Revised
Code, and the chief law
enforcement officer or chief administrative officer of the
detention facility discovers that a warrant has been issued or a
bill of information has been filed alleging the person or child to have
committed an offense or act other than the offense or act for which the person
or child is in custody, and the other alleged offense or act is one for
which fingerprints are to be taken pursuant to division
(A)(1) of this section, the law
enforcement agency or detention facility shall take the
fingerprints of the person or child, or cause the fingerprints to be taken,
according to the
fingerprint system of identification on the forms furnished by
the superintendent of the bureau of criminal identification and
investigation and immediately
forward copies of the completed forms, any other description
that may be required, and the history of the offense
committed to the bureau to be classified and filed and to the clerk of the
court that issued the warrant or with which the bill of information was
filed.
(5) If an accused
is
found not guilty of the offense charged or a nolle prosequi is entered in any
case, or if any accused child under eighteen years of age is found not to be a
delinquent
child for committing an act that would be a felony or an
offense of violence if committed by an adult or not
guilty of the felony or
offense of violence charged or a nolle prosequi is entered in that
case, the
fingerprints and description shall
be given to the accused upon the accused's request.
(6) The
superintendent
shall compare the description received with those already
on file in the bureau, and, if the superintendent finds that
the person arrested or taken
into custody has
a criminal record or a record as a delinquent child for having committed an
act that would be a felony or an offense of violence if
committed by an adult or is a
fugitive from justice or wanted by any
jurisdiction in this or another state, the
United States, or a
foreign country for any offense, the superintendent at once
shall inform the
arresting officer, the officer taking the person into
custody, or the chief administrative officer of the county,
multicounty, municipal, municipal-county, or multicounty-municipal jail or
workhouse, community-based correctional facility, halfway house, alternative
residential facility, or state correctional institution in which the person or
child is in custody
of
that fact and give appropriate notice to the
proper authorities in the jurisdiction in which the person is
wanted, or, if that jurisdiction is a foreign country, give
appropriate notice to federal authorities for transmission to
the foreign country. The names, under which each person whose
identification is filed is known, shall be alphabetically
indexed by the superintendent.
(B) Division (A) of this section does not apply to a violator of a city
ordinance unless the officers have reason to believe that the violator is a
past offender or the crime is one constituting a
misdemeanor on the first offense and a felony on subsequent
offenses, or unless it is advisable for the purpose of subsequent
identification. This section does not apply to any child under
eighteen years of age who was not arrested or otherwise taken into custody
for committing an act that would be a
felony or an
offense
of violence if committed by an adult or upon probable cause to believe
that a child of that
age may have
committed an act that would be a
felony or an
offense of violence if committed by an adult, except as provided in
section 2151.313 of the Revised Code.
(C)(1) For purposes of division (C) of this section, a law enforcement agency shall be considered to have arrested a person if any law enforcement officer who is employed by, appointed by, or serves that agency arrests the person. As used in division (C) of this section:
(a) "Illegal methamphetamine manufacturing laboratory" has the same meaning as in section 3745.13 of the Revised Code.
(b) "Methamphetamine or a methamphetamine product" means methamphetamine, any salt, isomer, or salt of an isomer of methamphetamine, or any compound, mixture, preparation, or substance containing methamphetamine or any salt, isomer, or salt of an isomer of methamphetamine.
(2) Each law enforcement agency that, in any calendar year, arrests any person for a violation of section 2925.04 of the Revised Code that is based on the manufacture of methamphetamine or a methamphetamine product, a violation of section 2925.041 of the Revised Code that is based on the possession of chemicals sufficient to produce methamphetamine or a methamphetamine product, or a violation of any other provision of Chapter 2925. or 3719. of the Revised Code that is based on the possession of chemicals sufficient to produce methamphetamine or a methamphetamine product shall prepare an annual report covering the calendar year that contains the information specified in division (C)(3) of this section relative to all arrests for violations of those sections committed under those circumstances during that calendar year and relative to illegal methamphetamine manufacturing laboratories, dump sites, and chemical caches as specified in that division and shall send the annual report, not later than the first day of March in the calendar year following the calendar year covered by the report, to the bureau of criminal identification and investigation.
The law enforcement agency shall write any annual report prepared and filed under this division on the standard forms furnished by the superintendent of the bureau of criminal identification and investigation pursuant to division (C)(4) of this section. The annual report shall be a statistical report, and nothing in the report or in the information it contains shall identify, or enable the identification of, any person who was arrested and whose arrest is included in the information contained in the report. The annual report in the possession of the bureau and the information it contains are public records for the purpose of section 149.43 of the Revised Code.
(3) The annual report prepared and filed by a law enforcement agency under division (C)(2) of this section shall contain all of the following information for the calendar year covered by the report:
(a) The total number of arrests made by the agency in that calendar year for a violation of section 2925.04 of the Revised Code that is based on the manufacture of methamphetamine or a methamphetamine product, a violation of section 2925.041 of the Revised Code that is based on the possession of chemicals sufficient to produce methamphetamine or a methamphetamine product, or a violation of any other provision of Chapter 2925. or 3719. of the Revised Code that is based on the possession of chemicals sufficient to produce methamphetamine or a methamphetamine product;
(b) The total number of illegal methamphetamine manufacturing laboratories at which one or more of the arrests reported under division (C)(3)(a) of this section occurred, or that were discovered in that calendar year within the territory served by the agency but at which none of the arrests reported under division (C)(3)(a) of this section occurred;
(c) The total number of dump sites and chemical caches that are, or that are reasonably believed to be, related to illegal methamphetamine manufacturing and that were discovered in that calendar year within the territory served by the agency.
(4) The superintendent of the bureau of criminal identification and investigation shall prepare and furnish to each law enforcement agency in this state standard forms for making the annual reports required by division (C)(2) of this section. The standard forms that the superintendent prepares pursuant to this division may be in a tangible format, in an electronic format, or in both a tangible format and an electronic format.
(5) The annual report required by division (C)(2) of this section is separate from, and in addition to, any report, materials, or information required under division (A) of this section or under any other provision of sections 109.57 to 109.62 of the Revised Code.
Sec. 109.99. (A) Whoever violates section 109.26 of the Revised
Code shall be fined not less than five hundred nor more than ten thousand
dollars or be imprisoned not less than one month nor more than one year, or
both.
(B) Whoever violates division (G)(1) of
section 109.573 of the Revised Code is guilty of unlawful disclosure of
DNA database information, a misdemeanor of the first degree.
(C) Whoever violates division (G)(2) of section 109.573 of the Revised Code
is guilty of unlawful possession of DNA database information, a
misdemeanor of the first degree.
(D)(1) Whoever violates division (E)(2) of section 109.581 of the Revised Code is guilty of unlawful dissemination or use of retained applicant fingerprint database information, a misdemeanor of the fourth degree.
(2) Whoever violates division (E)(3) of section 109.581 of the Revised Code is guilty of harassment or intimidation using retained applicant fingerprint database information, as applicable, a misdemeanor of the first degree.
(E)(1) Whoever violates division (G)(1) of section
109.35 of the Revised Code is guilty of entering into a transaction involving
a nonprofit health care entity without the approval of
the attorney general, a felony of the third degree.
(2) Whoever violates division (G)(2) of section 109.35 of the Revised Code is
guilty of receiving improper compensation relating to a transaction
involving a nonprofit health care entity, a felony of the third degree.
Sec. 1901.43. (A) If a sheriff or chief of police has not taken, or caused to be taken, a person's or child's fingerprints in accordance with division (A)(1) of section 109.60 of the Revised Code with respect to a crime or act set forth in that division by the time of the arraignment or first appearance of the person or child with respect to that crime or act, the municipal court shall order the person or child to appear before the sheriff or chief of police within twenty-four hours of the arraignment or first appearance to have the person's or child's fingerprints taken as provided in division (A)(2) of section 109.60 of the Revised Code.
(B) If the municipal court has jurisdiction over a case involving a person or child with respect to whom division (A)(1) or (2) of section 109.60 of the Revised Code requires a sheriff or chief of police to take the person's or child's fingerprints, the municipal court shall inquire at the time of the person's or child's sentencing or adjudication for the crime or act for which the fingerprints were required to be taken whether or not the person or child has been fingerprinted pursuant to division (A)(1) or (2) of section 109.60 of the Revised Code for the original arrest or court appearance upon which the sentence or adjudication is based. If a person or child was not fingerprinted for the original arrest or court appearance, the municipal court shall order the person or child to appear before the sheriff or chief of police within twenty-four hours to have the person's or child's fingerprints taken as provided in division (A)(3) of section 109.60 of the Revised Code.
Sec. 1907.181. (A) If a sheriff or chief of police has not taken, or caused to be taken, a person's or child's fingerprints in accordance with division (A)(1) of section 109.60 of the Revised Code with respect to a crime or act set forth in that division by the time of the arraignment or first appearance of the person or child with respect to that crime or act, the county court shall order the person or child to appear before the sheriff or chief of police within twenty-four hours of the arraignment or first appearance to have the person's or child's fingerprints taken as provided in division (A)(2) of section 109.60 of the Revised Code.
(B) If the county court has jurisdiction over a case involving a person or child with respect to whom division (A)(1) or (2) of section 109.60 of the Revised Code requires a sheriff or chief of police to take the person's or child's fingerprints, the county court shall inquire at the time of the person's or child's sentencing or adjudication for the crime or act for which the fingerprints were required to be taken whether or not the person or child has been fingerprinted pursuant to division (A)(1) or (2) of section 109.60 of the Revised Code for the original arrest or court appearance upon which the sentence or adjudication is based. If a person or child was not fingerprinted for the original arrest or court appearance, the county court shall order the person or child to appear before the sheriff or chief of police within twenty-four hours to have the person's or child's fingerprints taken as provided in division (A)(3) of section 109.60 of the Revised Code.
Sec. 2151.413. (A) A public children services agency or
private child placing agency that, pursuant to an order of
disposition under division (A)(2) of section 2151.353 of the
Revised Code or under any version of section 2151.353 of the
Revised Code that existed prior to January 1, 1989, is granted
temporary
custody of a child who is not abandoned or orphaned may
file a motion in the
court
that made the disposition of the child
requesting permanent
custody of the child.
(B) A public children services agency or private child
placing agency that, pursuant to an order of disposition under
division (A)(2) of section 2151.353 of the Revised Code or under
any version of section 2151.353 of the Revised Code that existed
prior to January 1, 1989, is
granted temporary custody of a child
who is orphaned
may file a motion in the court that made the
disposition of the
child requesting permanent custody of the child
whenever it can show
that no relative of the child is able to take
legal custody of
the child.
(C) A public children services agency or private child
placing agency
that, pursuant to an order of disposition under
division (A)(5) of
section 2151.353 of the Revised Code, places a
child in
a planned permanent living arrangement may
file a motion
in the court that made the disposition
of the child requesting
permanent custody of the child.
(D)(1) Except as provided in division (D)(3) of this
section, if
a child has been in the temporary custody of one or
more public
children
services agencies or private child placing
agencies for twelve or more
months
of a consecutive twenty-two-month period ending on or after
March 18, 1999, the
agency with
custody
shall file a motion requesting permanent custody of the
child. If the child has been in the temporary custody of one or more public children services agencies or private child placing agencies and the child was previously in the temporary custody of an equivalent agency in another state, the agency with custody of the child shall apply the time in temporary custody in the other state to the time in temporary custody in this state and, except as provided in division (D)(3) of this section, if the time spent in temporary custody equals twelve or more months of a consecutive twenty-two-month period, the agency with custody may file a motion requesting permanent custody of the child. The motion
shall be filed in
the court that issued the
current order of
temporary custody. For the purposes of this
division, a child shall
be considered to have entered the
temporary custody of an agency on the
earlier of the date the
child is adjudicated pursuant to section 2151.28 of
the Revised
Code or the date that is sixty days after the
removal of the child
from home.
(2) Except as provided in division
(D)(3) of this section,
if a
court makes a determination pursuant to division
(A)(2) of
section 2151.419 of
the Revised
Code, the public children
services
agency or private child placing agency required to develop
the
permanency plan for the child under division
(K) of section
2151.417 of the
Revised
Code shall file a motion in the
court that
made the determination requesting permanent custody
of the child.
(3) An agency shall not file a motion for permanent custody
under
division (D)(1) or (2) of this section if any of the
following apply:
(a) The agency documents in the case plan
or permanency plan
a compelling reason that permanent custody is not in the
best
interest of the child.
(b) If reasonable efforts to return the child to the child's
home
are required under section 2151.419 of the Revised Code,
the
agency has not
provided the
services required by the case plan to
the parents of the child or the child to
ensure the safe return of
the child to the child's home.
(c) The agency has been granted permanent custody of the
child.
(d) The child has been returned home pursuant to court order
in
accordance with division (A)(3) of section 2151.419 of the
Revised Code.
(E) Any agency
that files a motion for permanent custody
under this section shall include in the case plan of the child
who
is the subject of the motion, a specific plan of the agency's
actions to seek an adoptive family for the child and to prepare
the child for adoption.
(F) The department of job and family services
may adopt
rules pursuant to
Chapter 119. of the
Revised Code that set forth
the time
frames for case reviews and for filing a motion
requesting
permanent custody under division
(D)(1) of this
section.
Sec. 2151.414. (A)(1) Upon the filing of a motion pursuant
to section 2151.413 of the Revised Code for permanent custody of
a child, the court
shall schedule a hearing and give notice of the filing of the
motion and of the hearing, in accordance with section 2151.29 of
the Revised Code, to all parties to the action and to the child's
guardian ad litem. The notice also shall contain a full
explanation that the granting of permanent custody permanently
divests the parents of their parental rights, a full explanation
of their right to be represented by counsel and to have counsel
appointed pursuant to Chapter 120. of the Revised Code if they
are indigent, and the name and telephone number of the court
employee designated by the court pursuant to section 2151.314 of
the Revised Code to arrange for the prompt appointment of counsel
for indigent persons.
The court shall conduct a hearing in
accordance with section 2151.35 of the Revised Code to determine
if it is in the best interest of the child to permanently
terminate parental rights and grant permanent custody to the
agency that filed the motion. The adjudication that the child is
an abused, neglected, or dependent child and any dispositional order that has
been issued in
the case under section 2151.353 of the Revised Code pursuant to the
adjudication
shall not be readjudicated at the hearing and shall
not be affected by a
denial of the motion for permanent custody.
(2) The court shall hold the hearing scheduled
pursuant to division (A)(1) of this section not later
than one hundred twenty days after the agency files the motion for permanent
custody, except that, for good cause shown, the court may
continue the hearing for a reasonable period of time beyond the
one-hundred-twenty-day deadline. The court shall issue an
order that grants, denies, or otherwise disposes of the motion
for permanent custody, and journalize the order, not later than two hundred
days after the agency files the motion.
If a motion is made under division
(D)(2) of section 2151.413 of
the Revised
Code and no dispositional
hearing has been held in the case, the court may hear the motion
in the dispositional hearing required by
division (B) of section
2151.35 of the Revised
Code. If the court issues an
order pursuant to section 2151.353 of the
Revised
Code granting permanent custody
of the child to the agency, the court shall immediately dismiss
the motion made under division
(D)(2) of section 2151.413 of
the Revised
Code.
The failure of the court to comply with the time periods set
forth in division (A)(2) of this section does not affect
the authority of the court to issue any order under this chapter
and does not provide any basis for attacking the jurisdiction of
the court or the validity of any order of the court.
(B)(1) Except as provided in division
(B)(2) of this section, the court may grant permanent custody of
a child to a
movant if the court determines at the hearing held pursuant to
division (A) of this section, by clear and convincing evidence,
that it is in the best interest of the child to grant permanent
custody of the child to the agency that filed the motion for
permanent custody and that any of the following apply:
(a) The child is not abandoned or orphaned or, has not
been in the
temporary custody of one or more public children services
agencies or private child
placing agencies for
twelve or more months
of
a consecutive
twenty-two-month
period ending on or after
March 18, 1999, or has not been in the temporary custody of one or more public children services agencies or private child placing agencies for twelve or more months of a consecutive twenty-two-month period if, as described in division (D)(1) of section 2151.413 of the Revised Code, the child was previously in the temporary custody of an equivalent agency in another state, and
the child
cannot be placed with either of the child's parents within a
reasonable time or should not be placed with the child's
parents.
(b) The child is abandoned.
(c) The child is orphaned, and there are no
relatives of
the child who are able to take permanent custody.
(d) The child has been in the temporary custody of one or
more public
children services agencies or private child placing
agencies for twelve
or more
months of a consecutive twenty-two-month period ending on or after
March 18, 1999, or the child has been in the temporary custody of one or more public children services agencies or private child placing agencies for twelve or more months of a consecutive twenty-two-month period and, as described in division (D)(1) of section 2151.413 of the Revised Code, the child was previously in the temporary custody of an equivalent agency in another state.
For the purposes of division (B)(1) of this section, a child shall
be considered to have entered the temporary custody of an agency on the
earlier of the date the child is adjudicated pursuant to
section 2151.28 of the Revised Code or the date that is
sixty days after the removal of the child from home.
(2) With respect to a motion made pursuant to division
(D)(2) of section 2151.413 of
the Revised
Code, the court shall grant
permanent custody of the child to the movant if the court
determines in accordance with division
(E) of this section that the
child cannot be placed with one of the child's parents within a
reasonable time or should not be placed with either parent and
determines in accordance with division
(D) of this section that
permanent custody is in the child's best interest.
(C) In making the determinations required by this section
or division (A)(4) of section 2151.353 of the Revised Code, a
court shall not consider the effect the granting of permanent
custody to the agency would have upon any parent of the child. A
written report of the guardian ad litem of the child shall be
submitted to the court prior to or at the time of the hearing
held pursuant to division (A) of this section or section 2151.35
of the Revised Code but shall not be submitted under oath.
If the court grants permanent custody of a child to a
movant under this division, the court, upon the request of any
party, shall file a written opinion setting forth its findings of
fact and conclusions of law in relation to the proceeding. The
court shall not deny an agency's motion for permanent custody
solely because the agency failed to implement any particular
aspect of the child's case plan.
(D) In determining the best interest of a child at a
hearing held pursuant to division (A) of this section or for the
purposes of division (A)(4) or (5) of section 2151.353 or
division
(C) of section 2151.415 of the
Revised Code, the court shall consider all
relevant factors, including, but not limited to, the following:
(1) The interaction and interrelationship of the child
with the child's parents, siblings, relatives, foster
caregivers and
out-of-home providers, and any other person who may significantly
affect the child;
(2) The wishes of the child, as expressed directly by the
child or through the child's guardian ad litem, with due
regard for the maturity of the child;
(3) The custodial history of the child, including whether the child
has been in the temporary custody of one or more public
children services agencies or
private child placing
agencies for twelve
or
more months of a
consecutive
twenty-two-month period ending on or after March 18,
1999, or the child has been in the temporary custody of one or more public children services agencies or private child placing agencies for twelve or more months of a consecutive twenty-two-month period and, as described in division (D)(1) of section 2151.413 of the Revised Code, the child was previously in the temporary custody of an equivalent agency in another state;
(4) The child's need for a legally secure permanent
placement and whether that type of placement can be achieved
without a grant of permanent custody to the agency;
(5) Whether any of the factors in divisions (E)(7) to
(11) of
this
section apply in relation to the parents and child.
For the purposes of this division, a child shall be considered to
have entered the temporary custody of an agency on the earlier of the
date the child is adjudicated pursuant to section 2151.28 of the
Revised
Code or the date that is sixty days after the removal of the child
from home.
(E) In determining at a hearing held pursuant to division
(A) of this section or for the purposes of division (A)(4) of
section 2151.353 of the Revised Code whether a child cannot be
placed with either parent within a
reasonable period of time or should not be placed with the
parents, the court shall consider all relevant evidence. If the court
determines, by
clear and convincing evidence, at a hearing held pursuant to
division (A) of this section or for the purposes of division
(A)(4) of section 2151.353 of the Revised Code that one or more of the
following exist as to each of the child's parents, the court shall enter a
finding that the child cannot be placed with either parent within a
reasonable time or should not be placed with either
parent:
(1) Following the placement of the child outside the child's home
and notwithstanding reasonable case planning and diligent efforts
by the agency to assist the parents to remedy the problems that
initially caused the child to be placed outside the home, the
parent has failed continuously and repeatedly to substantially remedy the
conditions causing the child to be placed outside the child's home. In
determining whether the
parents have substantially remedied those conditions, the court
shall consider parental utilization of medical, psychiatric,
psychological, and other social and rehabilitative services and
material resources that were made available to the parents for
the purpose of changing parental conduct to allow them to resume
and maintain parental duties.
(2) Chronic mental illness, chronic emotional illness, mental retardation,
physical disability, or chemical dependency of the parent that is so severe
that it makes the parent unable to provide an adequate permanent home for
the child at the present time and,
as anticipated, within one year after the court holds the hearing pursuant
to division (A) of this section or for the purposes of division
(A)(4) of section 2151.353 of the Revised Code;
(3) The parent committed any abuse as described in section
2151.031 of the Revised Code against the child, caused the child
to suffer any neglect as described in section 2151.03 of the
Revised Code, or allowed the child to suffer any neglect as
described in section 2151.03 of the Revised Code between the date
that the original complaint alleging abuse or neglect was filed
and the date of the filing of the motion for permanent custody;
(4) The parent has demonstrated a lack of commitment
toward the child by failing to regularly support, visit, or
communicate with the child when able to do so, or by other
actions showing an unwillingness to provide an adequate permanent
home for the child;
(5) The parent is incarcerated for an offense committed
against the child or a sibling of the child;
(6) The parent has been convicted of or pleaded guilty to
an offense under division (A) or (C) of section 2919.22
or under section 2903.16,
2903.21, 2903.34, 2905.01, 2905.02, 2905.03, 2905.04, 2905.05,
2907.07, 2907.08,
2907.09, 2907.12, 2907.21,
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,
2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.24, 2919.25,
2923.12, 2923.13, 2923.161, 2925.02, or 3716.11 of the
Revised Code and the child or a sibling of the child was a
victim of the offense or the parent
has been convicted of or pleaded guilty to an offense under section
2903.04 of the Revised Code, a sibling of the
child was the victim of the offense, and the parent
who committed the
offense poses an ongoing danger to the child or a
sibling of the child.
(7) The parent has
been convicted of or pleaded guilty to one of the
following:
(a) An offense under section 2903.01, 2903.02, or
2903.03 of the Revised
Code or under an existing or
former law of this state, any other state, or the
United
States that is substantially
equivalent to an offense described in those sections and the
victim of the offense was a sibling of the child or the victim was another
child who lived in the parent's household at the time of the offense;
(b) An offense under section 2903.11, 2903.12, or
2903.13 of the Revised
Code or under an existing or
former law of this state, any other state, or the
United States that is substantially
equivalent to an offense described in those sections and the
victim of the offense is the child, a sibling of the
child, or another child who lived in the parent's household at the time of the
offense;
(c) An offense under division (B)(2) of section
2919.22 of the
Revised Code or under an existing or
former law of this state, any other state, or the
United States that is substantially
equivalent to the offense described in that section and the
child, a sibling of the child, or another child who lived in the parent's
household at the time of the
offense is the victim of the offense;
(d) An offense under section 2907.02, 2907.03,
2907.04, 2907.05, or 2907.06 of the
Revised Code or under an existing or
former law of this state, any other state, or the
United States that is substantially
equivalent to an offense described in those sections and the
victim of the offense is the child, a sibling of the
child, or another child who lived in the parent's household at the time of the
offense;
(e) A conspiracy or attempt to commit, or
complicity in committing, an offense described in
division (E)(7)(a) or (d)
of this
section.
(8) The parent has
repeatedly withheld medical treatment or food from the child
when the parent has the means to provide the treatment or food, and, in the
case of withheld medical treatment, the parent withheld it for a purpose other
than
to treat
the physical or mental illness or defect of the child by
spiritual means through prayer alone in accordance with the
tenets of a recognized religious body.
(9) The parent has
placed the child at substantial risk of harm two or more times due to
alcohol or drug abuse and has rejected treatment two or more times or
refused to participate in further treatment two or more times after a
case plan issued pursuant to section 2151.412 of the Revised Code requiring treatment of
the parent was journalized as part of a dispositional order issued with
respect to the child or an order was issued by any other court requiring
treatment of the parent.
(10) The parent has abandoned the
child.
(11) The parent has had parental
rights involuntarily terminated pursuant to this section or section
2151.353
or 2151.415 of the Revised Code
with respect to a sibling of the child pursuant to this section or section 2151.353 or 2151.415 of the Revised Code or under an existing or former law of this state, any other state, or the United States that is substantially equivalent to those sections.
(12) The parent is incarcerated at the time of the filing
of the motion for permanent custody or the dispositional hearing
of the child and will not be available to care for the child for
at least eighteen months after the filing of the motion for
permanent custody or the dispositional hearing.
(13) The parent is repeatedly incarcerated, and
the
repeated
incarceration prevents the parent from providing care for the
child.
(14) The parent for any reason is unwilling to provide
food, clothing, shelter, and other basic necessities for the
child or to prevent the child from suffering physical, emotional,
or sexual abuse or physical, emotional, or mental neglect.
(15) The parent has committed abuse as described in
section 2151.031 of the Revised Code against the child or
caused or allowed the child to suffer neglect as described in section 2151.03
of the Revised Code, and the court determines that the
seriousness, nature, or likelihood of recurrence of the abuse or neglect makes
the child's placement with the child's parent a threat to the child's
safety.
(16) Any other factor the court considers relevant.
(F) The parents of a child for whom the court has issued
an order granting permanent custody pursuant to this section,
upon the issuance of the order, cease to be parties to the
action. This division is not intended to eliminate or restrict
any right of the parents to appeal the granting of permanent
custody of their child to a movant pursuant to this section.
Sec. 2151.417. (A) Any court that issues a dispositional
order pursuant to section 2151.353, 2151.414, or 2151.415 of the
Revised Code may review at any time the child's placement or
custody arrangement, the case plan prepared for the child
pursuant to section 2151.412 of the Revised Code, the actions of
the public children services agency or private child placing
agency in implementing that case plan, the child's permanency plan, if the
child's permanency plan has been approved, and any other aspects of
the child's placement or custody arrangement. In conducting the
review, the court shall determine the appropriateness of any
agency actions, the safety and appropriateness of continuing the
child's
placement or custody arrangement, and whether any changes should
be made with respect to the child's permanency plan or placement or
custody
arrangement or with respect to the actions of the agency under
the child's placement or custody arrangement. Based upon the
evidence presented at a hearing held after notice to all parties
and the guardian ad litem of the child, the court may require the
agency, the parents, guardian, or custodian of the child, and the
physical custodians of the child to take any reasonable action
that the court determines is necessary and in the best interest
of the child or to discontinue any action that it determines is
not in the best interest of the child.
(B) If a court issues a dispositional order pursuant to
section 2151.353, 2151.414, or 2151.415 of the Revised Code, the
court has continuing jurisdiction over the child as set forth in
division (E)(1) of section 2151.353 of the Revised Code. The
court may amend a dispositional order in accordance with division
(E)(2) of section 2151.353 of the Revised Code at any time upon
its own motion or upon the motion of any interested party. The court shall
comply with section 2151.42 of the Revised Code in
amending any
dispositional order pursuant to this division.
(C) Any court that issues a dispositional order pursuant
to section 2151.353, 2151.414, or 2151.415 of the Revised Code
shall hold a review hearing one year after the earlier of the
date on which the complaint in the case was filed or the child
was first placed into shelter care to review the case plan
prepared pursuant to section 2151.412 of the Revised Code and the child's
placement or custody arrangement, to approve
or review the permanency
plan for the child, and to make changes to the case plan and
placement or custody arrangement consistent with the permanency
plan. The court
shall schedule the review hearing at the time that it holds the
dispositional hearing pursuant to section 2151.35 of the Revised
Code.
The court shall hold a similar review hearing no later than
every twelve months after the initial review hearing until the
child is adopted, returned to the parents, or the court
otherwise
terminates the child's placement or custody arrangement, except
that the dispositional hearing held pursuant to section 2151.415
of the Revised Code shall take the place of the first review
hearing to be held under this section. The court shall schedule
each subsequent review hearing at the conclusion of the review
hearing immediately preceding the review hearing to be scheduled.
(D) If, within fourteen days after a written summary of an
administrative review is filed with the court pursuant to section
2151.416 of the Revised Code, the court does not approve the
proposed change to the case plan filed pursuant to
division (E) of section
2151.416 of the Revised Code or a party or the guardian
ad litem requests a review
hearing pursuant to division (E) of that section, the court shall hold a
review hearing in the same
manner that it holds review hearings pursuant to division (C) of
this section, except that if a review hearing is required by this
division and if a hearing is to be held pursuant to division (C)
of this section or section 2151.415 of the Revised Code, the
hearing held pursuant to division (C) of this section or section
2151.415 of the Revised Code shall take the place of the review
hearing required by this division.
(E) If a court determines
pursuant to section 2151.419 of the
Revised Code that a public children
services agency or private child placing agency is not required
to make reasonable efforts to prevent the removal of a child
from the child's home, eliminate the continued removal of a
child from the child's home, and return the child to the child's
home, and the court does not return the child to the child's home pursuant to
division (A)(3) of section
2151.419 of the Revised
Code, the court shall hold a review
hearing to approve the permanency plan for the child and, if
appropriate, to make changes to the child's case plan and the
child's placement or custody arrangement consistent with the
permanency plan. The court may hold the hearing immediately
following the determination under section 2151.419 of the
Revised Code and shall hold it no later
than thirty days after making that determination.
(F) The court shall give notice of the review hearings
held pursuant to this section to every interested party,
including, but not limited to, the appropriate agency employees
who are responsible for the child's care and planning, the
child's parents, any person who had guardianship or legal custody
of the child prior to the custody order, the child's guardian ad
litem, and the child. The court shall summon every interested
party to appear at the review hearing and give them an
opportunity to testify and to present other evidence with respect
to the child's custody arrangement, including, but not limited
to, the following: the case plan for the child, the
permanency plan, if one exists; the actions taken by the child's
custodian; the need for a change in the child's custodian or
caseworker; and the need for any specific action to
be taken with
respect to the child. The court shall require any interested
party to testify or present other evidence when necessary to a
proper determination of the issues presented at the review
hearing. In any review hearing that pertains to a permanency plan for a child who will not be returned to the parent, the court shall consider in-state and out-of-state placement options and the court shall determine whether the in-state or the out-of-state placement continues to be appropriate and in the best interests of the child. In any review hearing that pertains to a permanency plan for a child, the court or a citizens board appointed by the court pursuant to division (H) of this section shall consult with the child, in an age-appropriate manner, regarding the proposed permanency plan for the child.
(G) After the review hearing, the court shall take the
following actions based upon the evidence presented:
(1) If an administrative review has been conducted,
determine whether the conclusions of the
review are supported by a preponderance of the
evidence and approve or modify the case plan based upon that
evidence;
(2) If the hearing was held under
division (C) or
(E) of this section, approve a
permanency plan for the child that specifies whether and, if
applicable, when the child will be safely returned home or placed
for adoption, for legal custody, or in a planned permanent
living arrangement. A permanency plan approved after a hearing
under division (E) of this
section shall not include any provision requiring the child to
be returned to the child's home.
(3) If the child is in temporary custody, do all of the
following:
(a) Determine whether the child can and should be returned
home with or without an order for protective supervision;
(b) If the child can and should be returned home with or
without an order for protective supervision, terminate the order
for temporary custody;
(c) If the child cannot or should not be returned home
with an order for protective supervision, determine whether the
agency currently with custody of the child should retain custody
or whether another public children services agency, private child
placing agency, or an individual should be given custody of the
child.
The court shall comply with section 2151.42 of the Revised Code in taking any action under
this division.
(4) If the child is in permanent custody, determine what
actions are required by the custodial agency and of any other
organizations or persons in order to facilitate an adoption of
the child and make any appropriate orders with respect to the
custody arrangement or conditions of the child, including, but
not limited to, a transfer of permanent custody to another public
children services agency or private child placing agency;
(5) Journalize the terms of the updated case plan for the
child.
(H) The court may appoint a referee or a citizens review
board to conduct the review hearings that the court is required
by this section to conduct, subject to the review and approval by
the court of any determinations made by the referee or citizens
review board. If the court appoints a citizens review board to
conduct the review hearings, the board shall consist of one
member representing the general public and four members who are
trained or experienced in the care or placement of children and
have training or experience in the fields of medicine,
psychology, social work, education, or any related field. Of the
initial appointments to the board, two shall be for a term of one
year, two shall be for a term of two years, and one shall be for
a term of three years, with all the terms ending one year after
the date on which the appointment was made. Thereafter, all
terms of the board members shall be for three years and shall end
on the same day of the same month of the year as did the term
that they succeed. Any member appointed to fill a vacancy
occurring prior to the expiration of the term for which the
member's
predecessor was appointed shall hold office for the remainder of
the term.
(I) A copy of the court's determination following any
review hearing held pursuant to this section shall be sent to the
custodial agency, the guardian ad litem of the child who is the
subject of the review hearing, and, if that child is not the
subject of a permanent commitment hearing, the parents of the
child.
(J) If the hearing held under this section takes the place
of an administrative review that otherwise would have been held
under section 2151.416 of the Revised Code, the court at the
hearing held under this section shall do all of the following in
addition to any other requirements of this section:
(1) Determine the continued necessity for and the safety and
appropriateness of the child's placement;
(2) Determine the extent of compliance with the child's
case plan;
(3) Determine the extent of progress that has been made
toward alleviating or mitigating the causes necessitating the
child's placement in foster care;
(4) Project a likely date by which the child may be
safely returned home or placed for adoption or legal custody.
(K)(1) Whenever the court is required to approve a
permanency plan under this section or section
2151.415 of the Revised
Code, the public children
services agency or private child placing agency that filed the
complaint in the case, has custody of the child, or will be
given custody of the child shall develop a permanency plan for
the child. The agency must file the plan with the court prior
to the hearing under this section or section 2151.415 of the
Revised
Code.
(2) The permanency plan developed by the agency must
specify whether and, if applicable, when the child will be
safely returned home or placed for adoption or legal custody.
If the agency determines that there is a compelling reason why
returning the child home or placing the child for adoption or
legal custody is not in the best interest of the child,
the plan shall provide that the child will be placed in a
planned permanent living arrangement. A permanency plan developed
as a result of a determination
made under division (A)(2) of
section 2151.419 of the Revised
Code may not include any provision requiring the child to be returned
home.
Sec. 2151.419. (A)(1) Except as provided in
division
(A)(2) of this section, at any hearing held pursuant to
section 2151.28, division (E) of section 2151.31, or
section 2151.314, 2151.33, or 2151.353 of the Revised Code at
which the
court removes a child from the child's home or continues the
removal of a
child from the child's home, the court shall determine
whether the public
children services agency or private child placing agency that
filed the complaint in the case, removed the child from home,
has custody of the child, or will be given custody of the child
has made reasonable efforts to prevent the removal of the child
from the child's home, to eliminate the continued removal of
the child
from the child's home, or to make it possible for the child
to return safely
home. The agency shall have the burden of proving that it has
made those reasonable efforts. If the agency removed the child from home
during an emergency in which the child could not safely remain at home and the
agency did not have prior contact with the child, the court is not prohibited,
solely because the agency did not make reasonable efforts during the emergency
to prevent the removal of the child, from determining that the agency made
those reasonable efforts. In determining whether reasonable
efforts were made, the child's health and safety shall be paramount.
(2) If any of the following apply, the court shall
make a determination
that the agency is not required to make reasonable efforts to
prevent the removal of the child from the child's home,
eliminate the continued removal of the child from the child's
home, and return the child to the child's home:
(a) The parent from whom the child was removed has
been convicted of or pleaded guilty to one of the
following:
(i) An offense under section 2903.01, 2903.02, or
2903.03 of the Revised
Code or under an existing or
former law of this state, any other state, or the
United
States that is substantially
equivalent to an offense described in those sections and the
victim of the offense was a sibling of the child or the victim was another
child who lived in the parent's household at the time of the offense;
(ii) An offense under section 2903.11, 2903.12, or
2903.13 of the Revised
Code or under an existing or
former law of this state, any other state, or the
United States that is substantially
equivalent to an offense described in those sections and the
victim of the offense is the child, a sibling of the
child, or another child who lived in the parent's household at the time of the
offense;
(iii) An offense under division (B)(2) of section
2919.22 of the
Revised Code or under an existing or
former law of this state, any other state, or the
United States that is substantially
equivalent to the offense described in that section and the
child, a sibling of the child, or another child who lived in the parent's
household at the time of the
offense is the victim of the offense;
(iv) An offense under section 2907.02, 2907.03,
2907.04, 2907.05, or 2907.06 of the
Revised Code or under an existing or
former law of this state, any other state, or the
United States that is substantially
equivalent to an offense described in those sections and the
victim of the offense is the child, a sibling of the
child, or another child who lived in the parent's household at the time of the
offense;
(v) A conspiracy or attempt to commit, or
complicity in committing, an offense described in
division (A)(2)(a)(i) or (iv)
of this
section.
(b) The parent from whom the child was removed has
repeatedly withheld medical treatment or food from the child
when the parent has the means to provide the treatment or food.
If the parent has withheld medical treatment in order to treat
the physical or mental illness or defect of the child by
spiritual means through prayer alone, in accordance with the
tenets of a recognized religious body, the court or agency shall
comply with the requirements of division
(A)(1) of this section.
(c) The parent from whom the child was removed has
placed the child at substantial risk of harm two or more times due to
alcohol or drug abuse and has rejected treatment two or more times or
refused to participate in further treatment two or more times after a
case plan issued pursuant to section 2151.412 of the Revised Code requiring treatment of
the parent was journalized as part of a dispositional order issued with
respect to the child or an order was issued by any other court requiring such
treatment of the parent.
(d) The parent from whom the child was removed has abandoned the
child.
(e) The parent from whom the child was removed has had parental
rights involuntarily terminated pursuant to section 2151.353, 2151.414,
or 2151.415 of the Revised Code
with respect to a sibling of the child pursuant to section 2151.353, 2151.414, or 2151.415 of the Revised Code or under an existing or former law of this state, any other state, or the United States that is substantially equivalent to those sections.
(3) At any hearing in which the court determines whether
to return a child to the child's home, the court may issue an
order that returns the child in situations in which the
conditions described in divisions (A)(2)(a)
to (e) of this section are
present.
(B)(1) A court that is required to make a
determination as described in division
(A)(1) or (2) of this section shall issue written findings of
fact setting forth the reasons supporting its determination. If the court
makes a written determination under division (A)(1) of this
section,
it shall briefly describe in the findings of fact the relevant
services provided by the agency to
the family of the child and why those services did not prevent the removal of
the child from the child's home or enable the child to
return safely home.
(2) If a court issues an order that returns the child to
the child's home in situations in which division
(A)(2)(a), (b), (c), (d),
or (e) of this section applies, the court shall issue
written
findings of fact setting forth the reasons supporting its
determination.
(C) If the court makes a determination pursuant to division
(A)(2) of this section, the court shall conduct a review hearing
pursuant to section 2151.417 of the Revised Code to approve a permanency plan
with
respect to the child, unless the court issues an order returning the child
home pursuant to division
(A)(3) of this section. The
hearing to approve the permanency plan may be held immediately
following the court's determination pursuant to division
(A)(2) of this section and
shall be held no later than thirty days following that
determination.
Sec. 2151.421. (A)(1)(a) No person described in division
(A)(1)(b) of this section who is acting in an
official or
professional capacity and knows, or has reasonable cause to suspect based on facts that would cause a reasonable person in a similar position to suspect, that a child under
eighteen years of age or a mentally
retarded, developmentally
disabled, or physically impaired child under
twenty-one years of
age has suffered or faces a
threat of suffering any physical or
mental wound, injury,
disability, or condition of a nature that
reasonably indicates
abuse or neglect of the child shall fail to
immediately report
that knowledge or reasonable cause to suspect
to the entity or
persons specified in this division. Except as provided in section
5120.173 of the Revised Code, the person making the report shall
make it to the public
children services agency or a municipal or
county peace officer in
the county in which the child resides or
in which the abuse or
neglect is occurring or has occurred.
In the
circumstances described in section 5120.173 of the Revised Code,
the person making the report shall make it to the entity specified
in that section.
(b) Division (A)(1)(a)
of this section applies to any person
who is an attorney;
physician, including a hospital intern or
resident; dentist;
podiatrist; practitioner of a limited branch of
medicine
as specified in section 4731.15 of the Revised
Code;
registered nurse;
licensed practical nurse; visiting nurse; other
health care
professional; licensed psychologist; licensed school
psychologist; independent marriage and family therapist or marriage and family therapist; speech pathologist or audiologist; coroner;
administrator or employee of a child day-care center;
administrator or
employee of a residential camp or child day camp;
administrator or employee of a certified child care agency or
other public or private children services agency; school
teacher;
school employee; school authority; person engaged in
social work
or the practice of professional counseling; agent of a county humane society; person, other than a cleric, rendering
spiritual treatment through prayer in
accordance with the tenets
of a well-recognized religion; employee of a county department of job and family services who is a professional and who works with children and families; superintendent, board member, or employee of a county board of mental retardation; investigative agent contracted with by a county board of mental retardation; employee of the department of mental retardation and developmental disabilities; employee of a facility or home that provides respite care in accordance with section 5123.171 of the Revised Code; employee of a home health agency; employee of an entity that provides homemaker services; a person performing the duties of an assessor pursuant to Chapter 3107. or 5103. of the Revised Code; or third party employed by a public children services agency to assist in providing child or family related services.
(2) Except as provided in division (A)(3) of this section, an attorney or a physician is not required to make a
report
pursuant
to division (A)(1) of this section concerning any
communication
the attorney or physician
receives from a
client or
patient in an attorney-client or physician-patient
relationship,
if, in accordance with division (A) or (B)
of section
2317.02 of
the Revised Code, the attorney or physician could not
testify with
respect to that communication in a civil or criminal proceeding.
(3) The client or patient in an attorney-client or physician-patient relationship described in division (A)(2) of this section is deemed to have waived any
testimonial
privilege under division (A) or (B) of section 2317.02
of the
Revised
Code with respect to any communication the attorney or physician receives from the client or patient in that attorney-client or physician-patient relationship, and the
attorney or physician
shall
make a report pursuant to division
(A)(1) of this section with
respect to that communication, if all
of the following apply:
(a) The client or patient, at the time of the communication,
is
either a child under eighteen years of age or a
mentally
retarded, developmentally disabled, or
physically impaired person
under twenty-one
years of age.
(b) The attorney or physician knows, or has reasonable cause to suspect based on facts that would cause a reasonable person in similar position to suspect, as a result
of the
communication or any observations made during that
communication,
that the client or patient has suffered or faces a
threat of suffering
any
physical or mental wound, injury,
disability, or condition of a
nature that reasonably indicates
abuse or neglect of the client or
patient.
(c) The abuse or neglect
does not
arise out of
the client's or patient's attempt to have an
abortion without the
notification
of her parents, guardian, or
custodian in accordance with section
2151.85 of the Revised Code.
(4)(a) No cleric and no person, other than a volunteer, designated by any church, religious society, or faith acting as a leader, official, or delegate on behalf of the church, religious society, or faith who is acting in an official or professional capacity, who knows, or has reasonable cause to believe based on facts that would cause a reasonable person in a similar position to believe, that a child under eighteen years of age or a mentally retarded, developmentally disabled, or physically impaired child under twenty-one years of age has suffered or faces a threat of suffering any physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of the child, and who knows, or has reasonable cause to believe based on facts that would cause a reasonable person in a similar position to believe, that another cleric or another person, other than a volunteer, designated by a church, religious society, or faith acting as a leader, official, or delegate on behalf of the church, religious society, or faith caused, or poses the threat of causing, the wound, injury, disability, or condition that reasonably indicates abuse or neglect shall fail to immediately report that knowledge or reasonable cause to believe to the entity or persons specified in this division. Except as provided in section 5120.173 of the Revised Code, the person making the report shall make it to the public children services agency or a municipal or county peace officer in the county in which the child resides or in which the abuse or neglect is occurring or has occurred. In the circumstances described in section 5120.173 of the Revised Code, the person making the report shall make it to the entity specified in that section.
(b) Except as provided in division (A)(4)(c) of this section, a cleric is not required to make a report pursuant to division (A)(4)(a) of this section concerning any communication the cleric receives from a penitent in a cleric-penitent relationship, if, in accordance with division (C) of section 2317.02 of the Revised Code, the cleric could not testify with respect to that communication in a civil or criminal proceeding.
(c) The penitent in a cleric-penitent relationship described in division (A)(4)(b) of this section is deemed to have waived any testimonial privilege under division (C) of section 2317.02 of the Revised Code with respect to any communication the cleric receives from the penitent in that cleric-penitent relationship, and the cleric shall make a report pursuant to division (A)(4)(a) of this section with respect to that communication, if all of the following apply:
(i) The penitent, at the time of the communication, is either a child under eighteen years of age or a mentally retarded, developmentally disabled, or physically impaired person under twenty-one years of age.
(ii) The cleric knows, or has reasonable cause to believe based on facts that would cause a reasonable person in a similar position to believe, as a result of the communication or any observations made during that communication, the penitent has suffered or faces a threat of suffering any physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of the penitent.
(iii) The abuse or neglect does not arise out of the penitent's attempt to have an abortion performed upon a child under eighteen years of age or upon a mentally retarded, developmentally disabled, or physically impaired person under twenty-one years of age without the notification of her parents, guardian, or custodian in accordance with section 2151.85 of the Revised Code.
(d) Divisions (A)(4)(a) and (c) of this section do not apply in a cleric-penitent relationship when the disclosure of any communication the cleric receives from the penitent is in violation of the sacred trust.
(e) As used in divisions (A)(1) and (4) of this section, "cleric" and "sacred trust" have the same meanings as in section 2317.02 of the Revised Code.
(B)
Anyone
who knows, or has reasonable cause to suspect based on facts that would cause a reasonable person in similar circumstances to suspect, that a child under
eighteen
years of age or
a mentally
retarded, developmentally disabled, or
physically
impaired person
under twenty-one years of age has
suffered or
faces a
threat of suffering any physical or mental
wound, injury,
disability, or other condition of a nature that
reasonably
indicates abuse or neglect of the child may report or
cause
reports to be made of that knowledge or reasonable cause to suspect
to the
entity or persons specified in this division. Except as provided
in section 5120.173 of the Revised Code, a person making a report
or causing a report to be made under this division shall make it
or cause it to be made to the public
children services agency or
to a municipal
or
county peace
officer.
In the circumstances
described in section 5120.173 of the Revised Code, a person making
a report or causing a report to be made under this division shall
make it or cause it to be made to the entity specified in that
section.
(C) Any report made pursuant to division (A) or (B) of
this
section shall be made forthwith either by telephone or in person
and shall be followed by a written report, if requested
by the
receiving agency or officer. The written report shall
contain:
(1) The names and addresses of the child and the child's
parents
or the person or persons having custody of the child, if
known;
(2) The child's age and the nature and extent of the
child's
injuries, abuse, or neglect that is known or reasonably suspected or believed, as applicable, to have occurred or of the
threat of injury, abuse, or neglect that is known or reasonably suspected or believed, as applicable, to exist, including
any
evidence of previous injuries, abuse, or neglect;
(3) Any other information that might be helpful in
establishing the cause of the injury, abuse,
or
neglect that is known or reasonably suspected or believed, as applicable, to have occurred or of the threat of injury, abuse,
or
neglect that is known or reasonably suspected or believed, as applicable, to exist.
Any person, who is required by division (A) of this section
to report child abuse or child neglect that is known or reasonably suspected or believed to have occurred, may
take or cause to be taken color photographs of areas of trauma
visible on a child and, if medically indicated, cause to be
performed radiological examinations of the child.
(D) As used in this division, "children's advocacy center" and "sexual abuse of a child" have the same meanings as in section 2151.425 of the Revised Code.
(1)
When a municipal or county peace
officer receives a report concerning the possible
abuse or neglect
of a child or the possible threat of abuse or
neglect of a child,
upon receipt of the report, the municipal or county peace officer
who
receives the report shall refer the report to the appropriate
public children services
agency.
(2)
When a public children services agency
receives a report pursuant to this
division or
division (A) or
(B)
of this section,
upon receipt of the report, the public
children
services
agency shall do both of the following:
(a) Comply with section 2151.422 of
the Revised
Code;
(b) If the county served by the agency is also served by a children's advocacy center and the report alleges sexual abuse of a child or another type of abuse of a child that is specified in the memorandum of understanding that creates the center as being within the center's jurisdiction, comply regarding the report with the protocol and procedures for referrals and investigations, with the coordinating activities, and with the authority or responsibility for performing or providing functions, activities, and services stipulated in the interagency agreement entered into under section 2151.428 of the Revised Code relative to that center.
(E) No township, municipal, or county peace officer shall
remove a child
about whom a report is made pursuant to this
section from the child's parents,
stepparents, or guardian or any
other persons having custody of the child
without consultation
with the
public children services agency, unless,
in
the judgment
of the officer, and, if the
report was made by physician, the
physician,
immediate removal is considered essential to protect
the child
from further abuse or neglect.
The agency that
must be
consulted shall be the agency conducting the
investigation of the
report as determined pursuant to section
2151.422 of the Revised
Code.
(F)(1) Except as
provided in section 2151.422 of the Revised
Code or in an interagency agreement entered into under section 2151.428 of the Revised Code that applies to the particular report, the public
children
services agency shall investigate,
within twenty-four
hours, each
report of child
abuse or child neglect that is known or reasonably suspected or believed to have occurred and of
a threat of child
abuse or child neglect that is known or reasonably suspected or believed to exist that
is referred to it under this section
to determine the
circumstances surrounding the injuries, abuse, or
neglect or the
threat of injury, abuse, or neglect, the cause of
the injuries,
abuse, neglect, or threat, and the person or persons
responsible.
The investigation shall be made in cooperation with
the law
enforcement agency and in accordance with the memorandum
of understanding
prepared under
division (J) of this section. A representative of the public children services agency shall, at the time of initial contact with the person subject to the investigation, inform the person of the specific complaints or allegations made against the person. The information shall be given in a manner that is consistent with division (H)(1) of this section and protects the rights of the person making the report under this section.
A
failure to make the investigation in accordance with the
memorandum is
not grounds for, and shall not result in,
the
dismissal of any charges or complaint arising from the report or
the suppression of any evidence obtained as a result of the
report
and does not give, and shall not be construed as giving,
any
rights or any grounds for appeal or post-conviction relief to
any
person. The public
children
services agency shall report each
case to the uniform statewide automated child welfare information system that
the department of job and family
services
shall maintain in accordance with section 5101.13 of the Revised Code. The
public children services agency
shall submit a report of its
investigation,
in writing, to the law
enforcement agency.
(2) The public children
services agency shall make any
recommendations to the
county
prosecuting attorney or city
director of law that it considers
necessary to protect any
children that are brought to its
attention.
(G)(1)(a) Except as provided in division (H)(3) of this
section, anyone or any hospital, institution, school, health
department, or agency participating in the making of reports
under
division (A) of this section, anyone or any hospital,
institution,
school, health department, or agency participating
in good faith
in the making of reports under division (B) of this
section, and
anyone participating in good faith in a judicial
proceeding
resulting from the reports, shall be immune from any
civil or
criminal liability for injury, death, or loss to person
or
property that otherwise might be incurred or imposed as a
result
of the making of the reports or the participation in the
judicial
proceeding.
(b) Notwithstanding section 4731.22 of the
Revised Code, the
physician-patient privilege shall not be a
ground for excluding
evidence regarding a child's injuries,
abuse, or neglect, or the
cause of the injuries, abuse, or
neglect in any judicial
proceeding resulting from a report
submitted pursuant to this
section.
(2) In any civil or criminal action or proceeding in which
it is alleged and proved that participation in the making of a
report under this section was not in good faith or participation
in a judicial proceeding resulting from a report made under this
section was not in good faith, the court shall award the
prevailing party reasonable attorney's fees and costs and, if a
civil action or proceeding is voluntarily dismissed, may award
reasonable attorney's fees and costs to the party against whom
the
civil action or proceeding is brought.
(H)(1) Except as provided in divisions (H)(4) and
(M)
of this
section, a report made under this section is confidential.
The information provided in a report made pursuant to this
section
and the name of the person who made the report shall not
be
released for use, and shall not be used, as evidence in any
civil
action or proceeding brought against the person who made
the
report. In a criminal proceeding, the report is admissible
in
evidence in accordance with the Rules of Evidence and is
subject
to discovery in accordance with the Rules of Criminal
Procedure.
(2) No person shall permit or encourage the unauthorized
dissemination of the contents of any report made under this
section.
(3) A person who knowingly makes or causes another person
to
make a false report under division (B) of this section that
alleges that any person has committed an act or omission that
resulted in a child being an abused child or a neglected child is
guilty of a violation of section 2921.14 of the Revised Code.
(4) If a report is made pursuant to division (A) or
(B) of
this section and the child who is the subject of the report
dies
for any reason at any time after the report is made, but before
the child
attains eighteen years of age, the public
children
services agency or municipal or county peace officer to which the
report was made or referred, on the request of the child fatality
review
board,
shall submit a summary sheet of information
providing a summary of the
report to the review board of the
county in which the deceased
child resided at the time of death.
On the request of the review
board, the agency or peace officer
may, at its discretion, make
the report available to the review
board. If the county served by the public children services agency is also served by a children's advocacy center and the report of alleged sexual abuse of a child or another type of abuse of a child is specified in the memorandum of understanding that creates the center as being within the center's jurisdiction, the agency or center shall perform the duties and functions specified in this division in accordance with the interagency agreement entered into under section 2151.428 of the Revised Code relative to that advocacy center.
(5) A public children services agency shall advise
a person
alleged to have inflicted abuse or neglect on a child
who is the
subject of a report made pursuant to this section, including a report alleging sexual abuse of a child or another type of abuse of a child referred to a children's advocacy center pursuant to an interagency agreement entered into under section 2151.428 of the Revised Code, in writing
of
the
disposition of the investigation. The agency shall not
provide to the person
any information that identifies the
person
who made the report, statements of witnesses, or police or other
investigative reports.
(I) Any report that is required by this section, other than
a report that is made to the state highway patrol as described in
section 5120.173 of the Revised Code, shall
result
in protective
services and emergency supportive services
being
made available by
the public children services
agency on behalf of
the children
about whom
the report is made, in an effort to
prevent further
neglect or
abuse, to enhance their welfare, and,
whenever
possible, to
preserve the family unit intact.
The agency
required
to provide the services shall be the agency conducting
the
investigation of the report pursuant to section 2151.422 of
the
Revised
Code.
(J)(1) Each public children services agency shall prepare
a
memorandum of understanding that is signed by all of the
following:
(a) If there is
only one juvenile judge in the county, the
juvenile judge of the
county or the juvenile judge's
representative;
(b) If there is more than
one juvenile
judge in the county,
a juvenile judge or the
juvenile judges' representative selected
by the juvenile judges
or, if they are unable to do so for any
reason, the juvenile judge who is
senior in point of
service or
the senior juvenile judge's representative;
(c) The county
peace officer;
(d) All
chief municipal peace officers within the county;
(e) Other law enforcement officers handling child abuse and
neglect cases in the county;
(f) The prosecuting
attorney of the county;
(g) If the public children services agency is not the county
department of
job and family services, the county department of
job and family services;
(h) The county humane society;
(i) If the public children services agency participated in the execution of a memorandum of understanding under section 2151.426 of the Revised Code establishing a children's advocacy center, each participating member of the children's advocacy center established by the memorandum.
(2) A memorandum of understanding shall set forth the normal
operating procedure to be employed by
all concerned officials in
the execution of their respective
responsibilities under this
section and division (C) of section
2919.21, division (B)(1) of
section 2919.22, division (B) of
section 2919.23, and section
2919.24 of the Revised Code and
shall have as two of its primary
goals the elimination of all
unnecessary interviews of children
who are the subject of reports
made pursuant to division (A) or
(B) of this section and, when
feasible, providing for only one
interview of a child who is the
subject of any report made
pursuant to division (A) or (B) of
this section. A failure to
follow the procedure set forth in the
memorandum by
the concerned
officials is not grounds for, and shall not result in, the
dismissal of any charges or complaint arising from any reported
case of abuse or neglect or the suppression of any evidence
obtained as a result of any reported child abuse or child neglect
and does not give, and shall not be construed as giving, any
rights or any grounds for appeal or post-conviction relief to any
person.
(3) A memorandum of understanding shall include all of the
following:
(a) The roles
and responsibilities for handling emergency
and
nonemergency cases of abuse and neglect;
(b) Standards and procedures to be used in handling and
coordinating investigations of reported cases of child abuse and
reported cases of child neglect, methods to be used in
interviewing the child who is the subject of the report and who
allegedly was abused or neglected, and standards and procedures
addressing the categories of persons who may interview the child
who is the subject of the report and who allegedly was abused or
neglected.
(4) If a public children services agency participated in the execution of a memorandum of understanding under section 2151.426 of the Revised Code establishing a children's advocacy center, the agency shall incorporate the contents of that memorandum in the memorandum prepared pursuant to this section.
(5) The clerk of the court of common pleas in the county may sign the memorandum of understanding prepared under division (J)(1) of this section. If the clerk signs the memorandum of understanding, the clerk shall execute all relevant responsibilities as required of officials specified in the memorandum.
(K)(1) Except as provided in division
(K)(4) of this
section, a person who is required to make
a report pursuant to
division (A) of this section may
make a reasonable number of
requests of the public children services
agency that receives or
is
referred the report, or of the children's advocacy center that is referred the report if the report is referred to a children's advocacy center pursuant to an interagency agreement entered into under section 2151.428 of the Revised Code, to be provided with
the following
information:
(a) Whether the agency or center has initiated an
investigation of the
report;
(b) Whether the agency or center is continuing to
investigate the
report;
(c) Whether the agency or center is otherwise
involved
with the child
who is the subject of the report;
(d) The general status of the health and safety of the
child
who is the subject of the report;
(e) Whether the report has resulted in the filing of a
complaint in juvenile court or of criminal charges in another
court.
(2) A person may request the information specified in
division (K)(1) of this
section only if, at the time the report is
made, the person's name, address,
and telephone number are
provided to the person who receives the report.
When a municipal or county peace officer or employee of a
public children services
agency
receives a report pursuant to
division (A) or
(B) of this section the recipient of the report
shall inform the person of the
right to request the
information
described in division (K)(1) of this section. The recipient of
the report shall include in the initial child abuse or child
neglect
report that the person making the report was so informed
and, if
provided at the time of the making of the report, shall
include
the person's name, address, and telephone number in the
report.
Each request is subject to verification of the identity of
the person making
the
report. If that person's
identity is
verified, the agency shall
provide the person with
the information
described in division (K)(1) of this section
a reasonable number
of times, except that the agency shall not disclose
any
confidential information
regarding the child who is the subject of
the report other than
the information described in those
divisions.
(3) A request made pursuant to division (K)(1) of this
section is not a
substitute for any report required to be made
pursuant to division (A) of this
section.
(4) If an agency other than the agency that
received or was
referred the report is conducting the
investigation of the report
pursuant to section 2151.422 of the
Revised
Code, the agency
conducting the
investigation shall comply with the requirements of
division
(K) of this section.
(L) The director of job and
family services shall
adopt
rules in accordance
with Chapter 119. of the Revised Code to
implement this section. The department of job and family services
may
enter into a
plan of cooperation with
any other governmental
entity to aid in ensuring that children
are protected from abuse
and neglect. The department shall make
recommendations to the
attorney general that the department
determines are necessary to
protect children from child abuse and
child neglect.
(M)(1) As used in this division:
(a) "Out-of-home care" includes a nonchartered nonpublic school if the alleged child abuse or child neglect, or alleged threat of child abuse or child neglect, described in a report received by a public children services agency allegedly occurred in or involved the nonchartered nonpublic school and the alleged perpetrator named in the report holds a certificate, permit, or license issued by the state board of education under section 3301.071 or Chapter 3319. of the Revised Code.
(b) "Administrator, director, or other chief administrative officer" means the superintendent of the school district if the out-of-home care entity subject to a report made pursuant to this section is a school operated by the district.
(2) No later than the end of the day
following the day on
which a public children services agency
receives a report of
alleged child abuse or child
neglect, or a report of an alleged
threat of child abuse or child
neglect, that allegedly occurred in
or involved an out-of-home
care entity, the agency shall provide
written notice
of the allegations contained in and the person
named as the alleged
perpetrator in the report to the
administrator, director, or other chief
administrative officer of
the out-of-home care entity that is the
subject of the report
unless the administrator, director, or
other chief administrative
officer is named as an alleged
perpetrator in the report. If the
administrator, director, or
other chief administrative officer of
an out-of-home care entity
is named as an alleged perpetrator in a
report of alleged child
abuse or child neglect, or a report of an
alleged threat of child
abuse or child neglect, that allegedly
occurred in or involved
the out-of-home care entity, the agency
shall provide the written notice
to
the owner or governing board
of the out-of-home care entity that
is the subject of the report.
The agency
shall not provide
witness statements or police or other
investigative reports.
(3) No later than three days after the day on
which a public
children services agency that
conducted the investigation as
determined pursuant to section 2151.422
of the Revised Code makes
a
disposition of an investigation involving a report of alleged
child abuse or child neglect, or a report of an alleged threat of
child abuse or child neglect, that allegedly occurred in or
involved an out-of-home care entity, the
agency
shall send written
notice of the disposition of the
investigation to the
administrator, director, or other chief
administrative officer and
the owner or governing board of the
out-of-home care entity. The
agency shall
not provide witness
statements or police or other
investigative reports.
Sec. 2151.424. (A) If a child has been placed in
a certified foster home or is in the custody of a relative of the
child,
other than a parent of the child, a court, prior to conducting
any hearing pursuant to division
(E)(2) or (3) of section
2151.412 or section 2151.28, 2151.33, 2151.35, 2151.414,
2151.415, 2151.416, or 2151.417 of the
Revised
Code with respect to the child,
shall notify the foster caregiver or relative of the date, time,
and place of the hearing. At the hearing, the foster caregiver
or relative may shall have the right to present evidence.
(B) If a public children
services agency or private child placing agency has permanent
custody of a child and a petition to adopt the child has been
filed under Chapter 3107. of the
Revised
Code, the agency, prior to
conducting a review under section 2151.416 of the
Revised
Code, or a court, prior to
conducting a hearing under division
(E)(2) or (3) of section
2151.412 or section 2151.416 or 2151.417 of the
Revised
Code, shall notify the
prospective adoptive parent of the date, time, and place of the
review or hearing. At the review or hearing, the prospective adoptive parent
may shall have the right to
present evidence.
(C) The notice and the
opportunity to present evidence do not make the foster
caregiver, relative, or prospective adoptive parent a party in
the action or proceeding pursuant to which the
review or hearing is conducted.
Sec. 2151.55. (A) When a private or governmental entity intends to
place a child in a certified foster home in a county other than the
county in
which the child resided at the time of being removed from home, a
representative of the placing entity, prior to the placement, shall orally communicate in writing the
intended placement to the foster caregiver with whom the child is
to be placed and, if the child will attend the schools of the
district in which the certified foster home is located, a
representative of
the school district's board of education to all of the following persons:
(1) The superintendent of each board of education of a school district that has schools within the specified geographical notification area;
(2) The appointing or hiring officer of each chartered nonpublic school or each other school that is located within the specified geographical notification area and that is not operated by a board of education described in division (A)(1) of this section;
(3) The sheriff of each county that includes any portion of the specified geographical notification area;
(4) The chief of police, marshal, or other chief law enforcement officer of the municipal corporation in which the foster home is located or, if the foster home is located in an unincorporated area, the constable or chief of the police department or police district police force of the township in which the foster home is located.
(B) As used in division (A) of this section, "specified geographical notification area" means the geographic area or areas within which the attorney general, by rule adopted under section 2950.13 of the Revised Code, requires the notice described in division (B) of section 2950.11 of the Revised Code to be given to the persons identified in divisions (A)(2) to (8) of that section, except that any references made in a rule so adopted to a specific proximity to an offender's or delinquent child's residential premises shall be considered for purposes of division (A) of this section to be references to the same specific proximity to the premises of the foster home.
Sec. 2151.551. During In the oral written communication
described in section 2151.55 of the Revised Code, the
representative of the placing entity shall do the following:
(A) Discuss safety and well-being concerns regarding the child
and, if the child attends school, the students, teachers, and personnel of the
school;
(B) Provide the following information:
(1) The child's name and age;
(2) A brief description of the reasons the child was removed from
home;
(2)(3) Services the child is receiving;
(3)(4) The name of the contact person for the placing entity that is
directly responsible for monitoring the child's placement;
(4)(5) The telephone number of the placing entity and, if the child
is in the temporary, permanent, or legal custody of a private or government
entity other than the placing entity, the telephone number of the entity with
custody;
(5)(6) The previous school district attended by the child;
(6)(7) The last known address of the child's parents.
(C) If the child has been classified treatment level III or has been adjudicated a delinquent child for committing an act that if committed by an adult would be a felony, in addition to the discussion and provision of information required under divisions (A) and (B) of this section, provide the address of the certified foster home, the name and a telephone number of a contact person at that home, and a statement that the home is a treatment foster home, provide a brief description of the facts supporting the classification of the child as treatment level III or of the facts and circumstances of the act resulting in the delinquent child adjudication, and discuss safety and well-being concerns with respect to the child and the community.
Sec. 2151.553 2151.552. Each school district board of education shall implement a
procedure for receiving the information described in section 2151.552 2151.551 of the
Revised Code. The procedure implemented under this section shall contain safeguards to ensure the confidentiality of the information provided.
Sec. 2151.554 2151.553. When a private or governmental entity places a
child who has been adjudicated to be an unruly or delinquent child
in a certified foster home in a county other than the county in which
the child resided
at the time of being
removed from home, the placing entity shall provide the following information
in writing to the
juvenile court of the county in which the certified foster home is
located, unless that juvenile court is the court of jurisdiction in the child's case:
(A) The information listed in divisions (B)(2)(3) to (4)(5) of
section
2151.551 of the Revised Code;
(B) A brief description of the facts supporting the adjudication
that the child is unruly or delinquent;
(C) The name and address of the foster caregiver;
(D) Safety and well-being concerns with respect to the child and
community.
Sec. 2151.554. (A) Any information, document, written or oral statement, or report provided by a private or governmental entity pursuant to sections 2151.55 to 2151.553 of the Revised Code is confidential and is not a public record open to public inspection under section 149.43 of the Revised Code.
(B) No person shall permit or encourage the unauthorized dissemination of the confidential information described in division (A) of this section, except pursuant to a court order as provided by law.
Sec. 2151.86. (A)(1) The appointing or hiring officer of
any entity that appoints or employs any person responsible for a
child's care
in out-of-home care shall request the superintendent of BCII to
conduct a
criminal records check with respect to any person who
is under final consideration for
appointment or employment as a person responsible for
a child's care in out-of-home care, except that section 3319.39 of the Revised Code shall apply instead of this section if the out-of-home care entity is a public school, educational service center, or chartered nonpublic school.
(2) The At the times specified in this division, the administrative director
of an agency, or attorney,
who arranges an adoption for a prospective adoptive
parent shall request the
superintendent of BCII to conduct a criminal records check
with respect
to that prospective adoptive parent and a criminal records check with respect to all persons eighteen years of age or older who reside with the prospective adoptive parent. The administrative director or attorney shall request a criminal records check pursuant to this division at the time of the initial home study, every four years after the initial home study at the time of an update, and at the time that an adoptive home study is completed as a new home study.
(3) Before a recommending agency submits a recommendation to the
department
of job and family services on whether the department should
issue a certificate to a foster
home under section 5103.03 of the Revised Code, and every four years thereafter prior to a recertification under that section, the administrative director of
the agency
shall request that the
superintendent of BCII conduct a criminal records check with respect
to the prospective foster caregiver and a criminal records check with respect to all other persons eighteen years of
age
or older who reside with the foster caregiver.
(B)(1) If a person subject to a criminal records check
under division (A)(1) of this section does not present proof that the person has been a resident of
this state for
the five-year period
immediately prior to the date upon which the criminal records
check is requested or does not provide evidence that within that
five-year period the superintendent of BCII has requested
information
about the
person from the federal
bureau of investigation in a criminal
records check, the appointing or hiring officer,
administrative
director, or attorney shall request that the superintendent
of BCII obtain information
from the federal bureau of investigation as a part of the
criminal records check, including fingerprint based checks of national crime information databases as described in 42 U.S.C. 671. If the a person subject to the a criminal
records check under division (A)(1) of this section presents proof that the person has been a resident of
this state for
that five-year period, the
appointing or hiring officer, director, or
attorney may request that
the superintendent of BCII include information from the
federal bureau of
investigation in the criminal records check, including fingerprint based checks of national crime information databases as described in 42 U.S.C. 671.
When the administrative director of an agency, or attorney, who arranges an adoption for a prospective parent requests, at the time of the initial home study, a criminal records check for a person pursuant to division (A)(2) of this section, the administrative director or attorney shall request that the superintendent of BCII obtain information from the federal bureau of investigation as part of the criminal records check, including fingerprint based checks of national crime information databases as described in 42 U.S.C. 671, for the person subject to the criminal records check. In all other cases in which the administrative director of an agency, or attorney, who arranges an adoption for a prospective parent requests a criminal records check for a person pursuant to division (A)(2) of this section, the administrative director or attorney may request that the superintendent of BCII include information from the federal bureau of investigation in the criminal records check, including fingerprint based checks of national crime information databases as described in 42 U.S.C. 671.
When the administrative director of a recommending agency requests, before submitting a recommendation to the department of job and family services on whether the department should issue a certificate to a foster home under section 5103.03 of the Revised Code, a criminal records check for a person pursuant to division (A)(3) of this section, the administrative director shall request that the superintendent of BCII obtain information from the federal bureau of investigation as part of a criminal records check, including fingerprint based checks of national crime information databases as described in 42 U.S.C. 671, for the person subject to the criminal records check. In all other cases in which the administrative director of a recommending agency requests a criminal records check for a person pursuant to division (A)(3) of this section, the administrative director may request that the superintendent of BCII include information from the federal bureau of investigation in the criminal records check, including fingerprint based checks of national crime information databases as described in 42 U.S.C. 671.
(2) An appointing or hiring officer, administrative
director, or attorney required by division (A) of this section
to request a criminal records check shall provide to each
person subject to a criminal records check a copy of the
form prescribed pursuant to division (C)(1)
of section 109.572 of the Revised Code and a standard impression
sheet to obtain fingerprint impressions prescribed pursuant to
division (C)(2) of section 109.572 of the Revised Code, obtain
the completed form and impression sheet from the
person, and
forward the completed form and impression sheet to the
superintendent of BCII at the time the
criminal records
check is requested.
Any person subject to a criminal records
check who receives pursuant to this division
a copy of the form prescribed pursuant to
division (C)(1) of section 109.572 of the Revised Code and a copy
of an impression sheet prescribed pursuant to division (C)(2) of
that section and who is requested to complete the form and
provide a set of fingerprint impressions shall complete the form
or provide all the information necessary to complete the form and
shall provide the impression sheet with the impressions of the person's
fingerprints. If
a person subject to a criminal records
check, upon request, fails to provide the
information necessary to complete the form or fails to provide
impressions of the person's
fingerprints, the appointing or hiring officer shall not
appoint or employ
the person as a person
responsible for a child's care in out-of-home care, a probate court may not
issue a final decree of adoption or an interlocutory order of adoption making
the person an adoptive parent,
and the department of job and family services shall not issue a
certificate authorizing the
prospective
foster caregiver to operate a
foster
home.
(C)(1) No appointing or hiring
officer shall appoint or employ a person as a person
responsible for a child's care in out-of-home care, the department of job and family services shall not issue a certificate under section 5103.03 of the Revised Code authorizing a prospective foster caregiver to operate a foster home,
and no probate court
shall
issue a final decree of adoption or an interlocutory order of adoption making
a person an adoptive
parent if the
person or, in the case of a prospective foster caregiver or prospective adoptive parent, any person eighteen years of age or older who resides with the prospective foster caregiver or prospective adoptive parent previously has been convicted of or pleaded guilty to any
of the following violations described in division (A)(8) of section 109.572 of the Revised Code, unless the person meets rehabilitation standards
established in rules adopted under division (F) of this
section:.
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21,
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2909.02, 2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of
section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a
violation of section 2919.23 of the Revised Code that would have been a
violation of section 2905.04 of the Revised Code as it existed prior to July
1, 1996, had the violation been committed prior to that date, a
violation of section 2925.11 of the Revised Code that is not a minor drug
possession offense, or felonious sexual penetration in violation of former
section 2907.12 of the Revised Code;
(b) A violation of an existing or former law of this state, any other
state, or the United States that is substantially equivalent to
any of the offenses described in division (C)(1)(a) of this
section.
(2) The appointing or hiring officer may appoint or employ a
person as a person responsible for a child's care in
out-of-home care
conditionally until the criminal records check required by this
section is completed and the officer receives the results
of the
criminal records check. If the results of the criminal records
check indicate that, pursuant to division (C)(1) of this
section,
the person subject to the criminal records check does
not qualify for appointment or employment, the
officer shall
release the person from appointment or
employment.
(3) Prior to certification or recertification under section 5103.03 of the Revised Code, the prospective foster caregiver subject to a criminal records check under division (A)(3) of this section shall notify the recommending agency of the revocation of any foster home license, certificate, or other similar authorization in another state occurring within the five years prior to the date of application to become a foster caregiver in this state. The failure of a prospective foster caregiver to notify the recommending agency of any revocation of that type in another state that occurred within that five-year period shall be grounds for denial of the person's foster home application or the revocation of the person's foster home certification, whichever is applicable. If a person has had a revocation in another state within the five years prior to the date of the application, the department of job and family services shall not issue a foster home certificate to the prospective foster caregiver.
(D) The appointing or
hiring officer, administrative director, or attorney shall pay to the
bureau
of criminal identification and investigation the fee prescribed
pursuant to division (C)(3) of section 109.572 of the Revised
Code for each criminal records check conducted in accordance with
that section upon a request pursuant to division (A) of this
section. The officer, director, or attorney
may charge the person
subject to the criminal records check a fee
for the costs the officer, director, or attorney incurs in
obtaining the criminal records check. A fee charged under this division shall
not exceed the amount of fees the officer, director, or
attorney pays for the criminal records check. If a fee is
charged under this division, the
officer, director, or attorney shall notify the person
who is the applicant at the time of the person's initial
application for appointment or employment, an adoption to be
arranged, or a
certificate to operate a
foster home of the amount of the fee and that, unless the
fee
is paid, the person who is the applicant will not
be considered for appointment or
employment or as an
adoptive parent or foster caregiver.
(E) The report of any criminal records check conducted by
the bureau of criminal identification and investigation in
accordance with section 109.572 of the Revised Code and pursuant
to a request made under division (A) of this section is not a
public record for the purposes of section 149.43 of the Revised
Code and shall not be made available to any person other than the
following:
(1) The person who is the subject of the criminal records check or
the person's representative;
the
(2) The appointing or hiring officer, administrative director, or
attorney requesting
the criminal records check
or the officer's, director's, or attorney's representative;
the
(3) The department of job and
family services or,
a county department of job and family services, or a public children services agency; and any
(4) Any
court, hearing
officer, or other necessary individual involved in a case dealing
with the denial of employment, a final decree of adoption
or interlocutory order of adoption, or a foster
home certificate.
(F) The director of job and
family services shall
adopt rules
in accordance with Chapter 119. of the Revised Code
to implement this
section. The rules shall include rehabilitation
standards a person who has been convicted
of or pleaded guilty to an offense listed in
division
(C)(1) of this
section (A)(8) of section 109.572 of the Revised Code must meet for an appointing or hiring officer to
appoint or employ the person as a person
responsible for a child's care in out-of-home care, a probate court
to
issue a
final decree of adoption or interlocutory order of adoption making the person
an adoptive parent, or the department to issue a certificate
authorizing the prospective foster caregiver to operate a foster home or not revoke a foster home certificate for a violation specified in section 5103.0328 of the Revised Code.
(G) An appointing or hiring officer,
administrative director, or attorney required by division (A) of
this section
to request a criminal records check shall inform each person who is the
applicant, at
the time of the person's initial application for appointment or
employment,
an adoption to be arranged, or a foster
home certificate, that the person subject to the
criminal records check is required to provide a set of impressions of
the person's fingerprints and that a criminal records check is required to
be conducted and satisfactorily completed in accordance with
section 109.572 of the Revised Code.
(H) The department of job and family services may waive the requirement that a criminal records check based on fingerprints be conducted for an adult resident of a prospective adoptive or foster home or the home of a foster caregiver if the recommending agency documents to the department's satisfaction that the adult resident is physically unable to comply with the fingerprinting requirement and poses no danger to foster children or adoptive children who may be placed in the home. In such cases, the recommending or approving agency shall request that the bureau of criminal identification and investigation conduct a criminal records check using the person's name and social security number.
(I) As used in this section:
(1) "Children's hospital" means any of the following:
(a) A hospital registered under section 3701.07 of the
Revised Code that provides general pediatric medical and surgical
care, and in which at least seventy-five per cent of annual
inpatient discharges for the preceding two calendar years were
individuals less than eighteen years of age;
(b) A distinct portion of a hospital registered under
section 3701.07 of the Revised Code that provides general
pediatric medical and surgical care, has a total of at least one
hundred fifty registered pediatric special care and pediatric
acute care beds, and in which at least seventy-five per cent of
annual inpatient discharges for the preceding two calendar years
were individuals less than eighteen years of age;
(c) A distinct portion of a hospital, if the hospital is
registered under section 3701.07 of the Revised Code as a
children's hospital and the children's hospital meets all the
requirements of division (I)(3)(1)(a) of this section.
(2) "Criminal records check" has the same meaning as in
section 109.572 of the Revised Code.
(3) "Minor drug possession offense" has the same meaning
as in section
2925.01 of the Revised Code.
(4) "Person responsible for a child's care in out-of-home care"
has the same meaning as in section 2151.011 of the Revised Code, except that it does not
include a prospective employee of the department of youth services or a person
responsible for a child's care in a hospital or medical clinic other than a
children's hospital.
(5)(4) "Person subject to a criminal records check" means the following:
(a) A person who is under final consideration for appointment or
employment as a person responsible for a child's care in out-of-home care;
(b) A prospective adoptive parent;
(c) A prospective foster caregiver;
(d) A person eighteen years old or older who resides with a
prospective foster
caregiver or a prospective adoptive parent.
(6)(5) "Recommending agency" means a public children services agency, private
child placing agency, or private noncustodial agency to which the department
of job and family services has delegated a duty to inspect and approve foster
homes.
(7)(6) "Superintendent of BCII" means the superintendent of the
bureau of criminal identification and investigation.
Sec. 2301.10. (A) If a sheriff or chief of police has not taken, or caused to be taken, a person's or child's fingerprints in accordance with division (A)(1) of section 109.60 of the Revised Code with respect to a crime or act set forth in that division by the time of the arraignment or first appearance of the person or child with respect to that crime or act, the court of common pleas shall order the person or child to appear before the sheriff or chief of police within twenty-four hours of the arraignment or first appearance to have the person's or child's fingerprints taken as provided in division (A)(2) of section 109.60 of the Revised Code.
(B) If the court of common pleas has jurisdiction over a case involving a person or child with respect to whom division (A)(1) or (2) of section 109.60 of the Revised Code requires a sheriff or chief of police to take the person's or child's fingerprints, the court of common pleas shall inquire at the time of the person's or child's sentencing or adjudication for the crime or act for which the fingerprints were required to be taken whether or not the person or child has been fingerprinted pursuant to division (A)(1) or (2) of section 109.60 of the Revised Code for the original arrest or court appearance upon which the sentence or adjudication is based. If a person or child was not fingerprinted for the original arrest or court appearance, the court of common pleas shall order the person or child to appear before the sheriff or chief of police within twenty-four hours to have the person's or child's fingerprints taken as provided in division (A)(3) of section 109.60 of the Revised Code.
Sec. 3107.033. Not later than January 1, 2008, the
director of job and family services shall adopt
rules in
accordance with Chapter 119. of the
Revised Code specifying
both of the following:
(A) The manner in which a home study
is to be conducted and the
information and documents to be included in
a home study report, which shall include, pursuant to section 3107.034 of the Revised Code, a summary report of a search of the uniform statewide automated child welfare information system established in section 5101.13 of the Revised Code and a report of a check of a central registry of another state if a request for a check of a central registry of another state is required under division (A) of section 3107.034 of the Revised Code;
(B) A procedure under which a person whose application for adoption has been denied as a result of a search of the uniform statewide automated child welfare information system established in section 5101.13 of the Revised Code as part of the home study may appeal the denial to the agency that employed the assessor who filed the report.
Sec. 3107.034. (A) Whenever a prospective adoptive parent or a person eighteen years of age or older who resides with a prospective adoptive parent has resided in another state within the five-year period immediately prior to the date on which a criminal records check is requested for the person under division (A) of section 2151.86 of the Revised Code, the administrative director of an agency, or attorney, who arranges the adoption for the prospective adoptive parent shall request a check of the central registry of abuse and neglect of this state from the department of job and family services regarding the prospective adoptive parent or the person eighteen years of age or older who resides with the prospective adoptive parent to enable the agency or attorney to check any child abuse and neglect registry maintained by that other state. The administrative director or attorney shall make the request and shall review the results of the check before a final decree of adoption or an interlocutory order of adoption making the person an adoptive parent may be made. Information received pursuant to the request shall be considered for purposes of this chapter as if it were a summary report required under section 3107.033 of the Revised Code. The department of job and family services shall comply with any request to check the central registry that is similar to the request described in this division and that is received from any other state.
(B) The summary report of a search of the uniform statewide automated child welfare information system established in section 5101.13 of the Revised Code that is required under section 3107.033 of the Revised Code shall contain, if applicable, a chronological list of abuse and neglect determinations or allegations of which the person seeking to adopt is subject and in regards to which a public children services agency has done one of the following:
(1) Determined that abuse or neglect occurred;
(2) Initiated an investigation, and the investigation is ongoing;
(3) Initiated an investigation and the agency was unable to determine whether abuse or neglect occurred.
(B)(C) The summary report required under section 3107.033 of the Revised Code shall not contain any of the following:
(1) An abuse and neglect determination of which the person seeking to adopt is subject and in regards to which a public children services agency determined that abuse or neglect did not occur;
(2) Information or reports the dissemination of which is prohibited by, or interferes with eligibility under, the "Child Abuse Prevention and Treatment Act," 88 Stat. 4 (1974), 42 U.S.C. 5101 et seq., as amended;
(3)
The name of the person who or entity that made, or participated in the making of, the report of abuse or neglect.
(C)(D)(1) An application for adoption may be denied based on a summary report containing the information described under division (A)(B)(1) of this section, when considered within the totality of the circumstances. An application that is denied may be appealed using the procedure adopted pursuant to division (B) of section 3107.033 of the Revised Code.
(2) An application for adoption shall not be denied solely based on a summary report containing the information described under division (A)(B)(2) or (3) of this section.
Sec. 3107.062. (A) Notwithstanding the provisions of the versions of former sections 3107.06 and 3107.07 of the Revised Code that, pursuant to Section 5 of Am. Sub. H.B. 419 of the 121st general assembly, apply regarding a putative father's consent to the adoption of any child born prior to January 1, 1997, on and after the effective date of this section, both of the following apply:
(1) The references in division (F)(4) of former section 3107.06 of the Revised Code to the department of human services are repealed, and division (F)(4) of that former section shall be considered as reading, and shall be applicable, as follows: "Has filed an objection to the adoption with the agency having custody of the minor at any time before the placement of the minor in the home of the petitioner, or with the probate court within thirty days of the filing of a petition to adopt the minor or its placement in the home of the petitioner, whichever occurs first."
(2) The references in division (B) of former section 3107.07 of the Revised Code to the department of human services are repealed, and division (B) of that former section shall be considered as reading, and shall be applicable, as follows: "The putative father of a minor if the putative father fails to file an objection with the court or the agency having custody of the minor as provided in division (F)(4) of section 3107.06 of the Revised Code, or files an objection with the court or agency and the court finds, after proper service of notice and hearing, that he is not the father of the minor, or that he has willfully abandoned or failed to care for and support the minor, or abandoned the mother of the minor during her pregnancy and up to the time of her surrender of the minor, or its placement in the home of the petitioner, whichever occurs first."
(B) As used in this section:
(1) "Former section 3107.06 of the Revised Code" means the version of that section that was in effect immediately prior to September 18, 1996, and that was amended by Am. Sub. H.B. 419 of the 121st general assembly.
(2) "Former section 3107.07 of the Revised Code" means the version of that section that was in effect immediately prior to September 18, 1996, and that was amended by Am. Sub. H.B. 419 of the 121st general assembly.
Sec. 3107.14. (A) The petitioner and the person sought to
be adopted shall appear at the hearing on the petition, unless
the presence of either is excused by the court for good cause
shown.
(B) The court may continue the hearing from time to time
to permit further observation, investigation, or consideration of
any facts or circumstances affecting the granting of the
petition, and may examine the petitioners separate and apart from
each other.
(C) If, at the conclusion of the hearing, the court finds
that the required consents have been obtained or excused and that
the adoption is in the best interest of the person sought to be
adopted as supported by the evidence, it may issue, subject to division
(C)(1)(a) of section 2151.86,
section 3107.064, and division (E) of section 3107.09 of the Revised
Code, and any
other limitations specified in this chapter, a final decree of adoption or an
interlocutory
order of adoption, which by its own terms automatically becomes a
final decree of adoption on a date specified in the order, which,
except as provided in division (B) of section 3107.13
of the Revised Code,
shall not be less than six months or more than one year from the
date of issuance of the order, unless sooner vacated by the court
for good cause shown. In determining whether the adoption is in the best
interest of the person sought to be adopted, the court shall not consider the
age of the petitioner if the petitioner is old enough to adopt as provided by
section 3107.03 of the Revised Code.
In an interlocutory order of adoption, the court shall
provide for observation, investigation, and a further report on
the adoptive home during the interlocutory period.
(D) If the requirements for a decree under division (C) of
this section have not been satisfied or the court vacates an
interlocutory order of adoption, or if the court finds that a
person sought to be adopted was placed in the home of the
petitioner in violation of law, the court shall dismiss the
petition and may determine the agency or person to have temporary
or permanent custody of the person, which may include the agency
or person that had custody prior to the filing of the petition or
the petitioner, if the court finds it is in the best interest of
the person as supported by the evidence, or if the person is a minor,
the court may certify the case to the juvenile court of the county where the
minor is then residing for appropriate action and disposition.
(E) The issuance of a final decree or interlocutory order of adoption for an adult adoption under division (A)(4) of section 3107.02 of the Revised Code shall not disqualify that adult for services under section 2151.82 or 2151.83 of the Revised Code.
Sec. 5101.13. (A) The department of job and family services shall establish and maintain a uniform statewide automated child welfare information system in accordance with the requirements of 42 U.S.C.A. 674(a)(3)(C) and related federal regulations and guidelines. The information system shall contain records regarding any of the following:
(1) Investigations of children and families, and children's care in out-of-home care, in accordance with sections 2151.421 and 5153.16 of the Revised Code;
(2) Care and treatment provided to children and families;
(3) Any other information related to children and families that state or federal law, regulation, or rule requires the department or a public children services agency to maintain.
(B) The department shall plan implementation of the information system on a county-by-county basis and shall finalize statewide implementation by all public children services agencies as described in section 5153.02 of the Revised Code not later than January 1, 2008.
(C) The department shall promptly notify all public children services agencies of the initiation and completion of statewide implementation of the statewide information system established under division (A) of this section.
(D) "Out-of-home care" has the same meaning as in section 2151.011 of the Revised Code.
Sec. 5101.132. (A) Information contained in the information system established and maintained under section 5101.13 of the Revised Code may be accessed only as follows:
(A)(1) The department of job and family services and, a public children services agency, a title IV-E agency, a prosecuting attorney, a private child placing agency, and a private noncustodial agency may access the information when either of the following is the case:
(1)(a) The access is directly connected with assessment, investigation, or services regarding a child or family;
(2)(b) The access is permitted by state or federal law, rule, or regulation.
(B)(2) A person may access the information in a manner, to the extent, and for the purposes authorized by rules adopted by the department.
(B) As used in this section, "title IV-E agency" means a public children services agency or a public entity with which the department of job and family services has a title IV-E subgrant agreement in effect.
Sec. 5101.134. (A) Notwithstanding any provision of the Revised Code that requires confidentiality of information that is contained in the uniform statewide automated child welfare information system established in section 5101.13 of the Revised Code, the department of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code regarding a private child placing agency's or private noncustodial agency's access, data entry, and use of information in the uniform statewide automated child welfare information system.
(B)(1) The department of job and family services may adopt rules in accordance with section 111.15 of the Revised Code, as if they were internal management rules, as necessary to carry out the purposes of sections 5101.13 to 5101.133 of the Revised Code.
(2) The department may adopt rules in accordance with Chapter 119. of the Revised Code as necessary to carry out the purposes of division (B)(A)(2) of section 5101.132 of the Revised Code.
(C) Public children services agencies shall implement and use the information system established pursuant to section 5101.13 of the Revised Code in accordance with rules adopted by the department.
Sec. 5101.32. (A) The department of job and family services shall work with the superintendent of the bureau of criminal identification and investigation to develop procedures and formats necessary to produce the notices described in division (D) of section 109.581 of the Revised Code in a format that is acceptable for use by the department. The department may adopt rules in accordance with section 111.15 of the Revised Code, as if they were internal management rules, necessary for such collaboration.
(B) In addition to the rules required by division (G) of section 109.581 of the Revised Code, the department of job and family services may adopt rules in accordance with Chapter 119. of the Revised Code necessary for utilizing the information received pursuant to section 109.581 of the Revised Code.
Sec. 5103.03.
(A) The director of job
and family services
shall
adopt rules as
necessary for the adequate and
competent
management
of institutions or associations.
(B)(1) Except for
facilities under the
control of
the department of
youth services, places of detention
for children
established and maintained
pursuant to sections
2152.41 to
2152.44 of the Revised Code, and child
day-care
centers subject
to Chapter 5104. of the Revised Code, the
department
of job and
family services every two years shall pass
upon
the fitness of
every
institution and association that
receives, or desires to
receive and care for
children, or places
children in private
homes.
(2) When the department of job and family services is
satisfied
as to
the care given such children, and that the
requirements of
the
statutes and rules covering the management of
such
institutions and
associations are being complied with, it
shall
issue to the institution or association a certificate to
that
effect. A
certificate is valid for two years, unless sooner
revoked by the department. When determining whether an
institution or
association meets a particular requirement for
certification, the
department may consider the institution or
association to have
met the requirement if the institution or
association
shows to the department's satisfaction that it has met
a
comparable requirement to be accredited by a nationally
recognized
accreditation organization.
(3) The department may issue a temporary certificate valid
for
less than one
year authorizing an institution or association
to
operate until
minimum requirements have been met.
(4) An institution or association that knowingly makes a false statement that is included as a part of certification under this section is guilty of the offense of falsification under section 2921.13 of the Revised Code and the department shall not certify that institution or association.
(5) The department shall not issue a certificate to a prospective foster home or prospective specialized foster home pursuant to this section if the prospective foster home or prospective specialized foster home operates as a type A family day-care home pursuant to Chapter 5104. of the Revised Code. The department shall not issue a certificate to a prospective specialized foster home if the prospective specialized foster home operates a type B family day-care home pursuant to Chapter 5104. of the Revised Code.
(C) The department may revoke a certificate if it finds that
the
institution or association is in violation of law
or rule. No
juvenile court shall commit a child to an association or
institution that is required to be certified under this
section if
its certificate
has been revoked or, if after revocation, the date
of reissue is less
than fifteen months prior to the proposed
commitment.
(D) Every two years, on a date specified by the department,
each
institution or association desiring certification or
recertification shall submit to the department a report showing
its condition, management, competency to care adequately for the
children who have been or may be committed to it or to whom it
provides care or services, the system of visitation it employs
for
children placed in private homes, and other information the
department requires.
(E) The department shall, not less than once each year, send
a
list of certified institutions and
associations to each juvenile
court and certified association or institution.
(F) No person shall receive children or receive or solicit
money
on behalf of such an institution or
association not so
certified
or whose certificate has been
revoked.
(G)(1) The director may delegate by rule any
duties imposed on
it by
this section to inspect and approve
family foster homes and
specialized foster homes to
public children
services agencies,
private child placing agencies, or private
noncustodial agencies.
(2) The director shall adopt rules that require a foster caregiver or other individual certified to operate a foster home under this section to notify the recommending agency that the foster caregiver or other individual is certified to operate a type B family day-care home under Chapter 5104. of the Revised Code.
(H) If the director of job and family services determines
that an institution or association that
cares for children is operating without a certificate, the director may
petition the court of common pleas in the county in which the
institution or association is located for an order enjoining its operation. The court shall grant injunctive relief upon a showing
that the institution or association is operating
without a certificate.
(I) If both of the following are the case, the director of job and family services may petition the court of common pleas of any county in which an institution or association that holds a certificate under this section operates for an order, and the court may issue an order, preventing the institution or association from receiving additional children into its care or an order removing children from its care:
(1) The department has evidence that the life, health, or safety of one or more children in the care of the institution or association is at imminent risk.
(2) The department has issued a proposed adjudication order pursuant to Chapter 119. of the Revised Code to deny renewal of or revoke the certificate of the institution or association.
Sec. 5103.0319. (A) No foster caregiver or prospective foster
caregiver shall fail to notify the recommending agency that recommended or is
recommending the foster
caregiver or prospective foster caregiver for certification in writing if a
person at least twelve years of age
but less than eighteen years of age residing with the foster
caregiver or prospective foster caregiver has been convicted of or
pleaded guilty to any of the following or has been adjudicated to
be a delinquent child for committing an act that if committed by
an adult would have constituted such a violation:
(1) A violation of section 2903.01, 2903.02, 2903.03, 2903.04,
2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02,
2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08,
2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2911.01, 2911.02, 2911.11,
2911.12,
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923,13, 2923.161,
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the
Revised
Code, a violation of section 2905.04 of
the Revised Code as it existed prior to July 1,
1996, a
violation of section 2919.23 of the Revised Code that would
have been a violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, had the violation been committed prior to
that date, a violation of section 2925.11 of the Revised
Code that
is not a minor drug possession offense, a violation of section 2923.01 of
the Revised Code that involved an attempt to commit
aggravated murder or murder, an OVI or OVUAC violation if the person previously was convicted of or pleaded guilty to one or more OVI or OVUAC violations within the three years immediately preceding the current violation, or felonious sexual penetration in
violation of former section 2907.12 of the Revised Code;
(2) An offense that would be a felony if committed by an adult
and the court determined that the child, if an adult, would be guilty of
a specification found in section 2941.141, 2941.144, or 2941.145 of the
Revised Code or in another section of the Revised Code that
relates to the possession or use of a firearm, as defined in section
2923.11 of the Revised Code, during the commission of the
act for which the child was adjudicated a delinquent child;
(3) A violation of an existing or former law of this state, any
other state, or the United States that is substantially equivalent
to any of the offenses described in division (A)(1) or (2) of this
section.
(B) If a recommending agency learns that a foster caregiver has
failed to comply with division (A) of this section, it shall
notify the department of job and family services and the department shall
revoke the foster
caregiver's foster home certificate.
(C) As used in this section, "OVI or OVUAC violation" means a violation of section 4511.19 of the Revised Code or a violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to section 4511.19 of the Revised Code.
Sec. 5103.0326. (A) A recommending agency may recommend that the department
of job and family services not renew a foster home certificate under section
5103.03 of the Revised Code if the foster caregiver refused to accept the
placement of any
children into the foster home during the current certification period. Based
on the agency's recommendation, the department may refuse to renew a foster
home certificate.
(B) The department of job and family services may revoke the certification of any foster caregiver who has not cared for one or more foster children in the foster caregiver's home within the preceding twelve months. Prior to the revocation of any certification pursuant to this division, the recommending agency shall have the opportunity to provide good cause for the department to continue the certification and not revoke the certification. If the department decides to revoke the certification, the department shall notify the recommending agency that the certification will be revoked.
Sec. 5103.0328. (A) Not later than ninety-six hours after receiving notice from the superintendent of the bureau of criminal identification and investigation pursuant to section 109.581 of the Revised Code that a foster caregiver has been convicted of or pleaded guilty to any foster caregiver-disqualifying offense, and not later than ninety-six hours after learning in any other manner that a foster caregiver has been convicted of or pleaded guilty to any foster caregiver-disqualifying offense, the department of job and family services shall provide notice of that conviction or guilty plea to the recommending agency relative to the foster caregiver.
(B) If a recommending agency receives notice from the department of job and family services pursuant to division (A) of this section that a foster caregiver has been convicted of or pleaded guilty to any foster caregiver-disqualifying offense, or if a recommending agency learns in any other manner that a foster caregiver has been convicted of or pleaded guilty to any foster caregiver-disqualifying offense, the recommending agency shall assess the foster caregiver's overall situation for safety concerns and forward any recommendations, if applicable, for revoking the foster caregiver's certificate to the department for the department's review for possible revocation.
(C) As used in this section, "foster caregiver-disqualifying offense" means any offense or violation listed or described in division (C)(1)(a) or (b) of section 2151.86 of the Revised Code.
Sec. 5103.16. (A) Pursuant to section 5103.18 of the Revised Code and except Except as otherwise provided in this
section, no child shall be placed or accepted for placement under
any written or oral agreement or understanding that transfers or
surrenders the legal rights, powers, or duties of the legal
parent, parents, or guardian of the child into the temporary or
permanent custody of any association or institution
that is not
certified by the department of job and family
services under
section 5103.03 of the Revised Code,
without the written consent
of the office in the department that
oversees the interstate
compact on placement of children established under
section 5103.20
of the Revised Code, or by a commitment of a
juvenile court, or by
a commitment of a probate court as provided in this
section. A
child may be placed temporarily without
written consent or court
commitment with persons related by blood
or marriage or in a
legally licensed boarding home.
(B)(1) Associations and institutions certified under
section
5103.03 of the Revised Code for the purpose of placing children in
free foster homes or for legal
adoption shall keep a record of the
temporary and permanent
surrenders of children. This record shall
be available for
separate statistics, which shall include a copy
of an official
birth record and all information concerning the
social, mental,
and medical history of the children that will aid
in an
intelligent disposition of the children in case that becomes
necessary because the parents or guardians fail or are unable to
reassume custody.
(2) No child placed on a temporary surrender with an
association or institution shall be placed permanently in a
foster
home or for legal adoption. All surrendered children who
are
placed permanently in foster homes or for adoption shall have
been
permanently surrendered, and a copy of the permanent
surrender
shall be a part of the separate record kept by the
association or
institution.
(C) Any agreement or understanding to transfer or
surrender
the legal rights, powers, or duties of the legal parent
or parents
and place a child with a person seeking to adopt the
child under
this section shall be construed to contain a promise
by the person
seeking to adopt the child to pay the expenses
listed in divisions
(C)(1), (2), and (4) of section 3107.055 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. 5103.18. (A)(1) Prior to placement certification or recertification as a foster home under section 5103.16 5103.03 of the Revised Code, an association or institution certified to place a child into a foster home a recommending agency shall include obtain a summary report of a search of the uniform statewide automated child welfare information system, established in under section 5101.13 of the Revised Code with records required under division (B)(1) of section 5103.16 of the Revised Code, from an entity listed in section 5101.132 of the Revised Code.
(2) Whenever a prospective foster parent or any other person eighteen years of age or older who resides with a prospective foster parent has resided in another state within the five-year period immediately prior to the date on which a criminal records check is requested for the person under division (A) of section 2151.86 of the Revised Code, the recommending agency shall request a check of the central registry of abuse and neglect of this state from the department of job and family services regarding the prospective foster parent or the person eighteen years of age or older who resides with the prospective foster parent to enable the agency to check any child abuse and neglect registry maintained by that other state. The recommending agency shall make the request and shall review the results of the check before the prospective foster parent may be finally approved for placement of a child. Information received pursuant to such a request shall be considered for purposes of this chapter as if it were a summary report required under division (A) of this section. The department of job and family services shall comply with any request to check the central registry that is similar to the request described in this division and that is received from any other state.
(B)(1) The summary report required under division (A) of this section shall contain, if applicable, a chronological list of abuse and neglect determinations or allegations of which a person seeking to become a foster caregiver of a child is subject and in regards to which a public children services agency has done one of the following:
(a) Determined that abuse or neglect occurred;
(b) Initiated an investigation, and the investigation is ongoing;
(c) Initiated an investigation, and the agency was unable to determine whether abuse or neglect occurred.
(2) The summary report required under division (A) of this section shall not contain any of the following:
(a) An abuse and neglect determination of which a person seeking to become a foster caregiver of a child is subject and in regards to which a public children services agency determined that abuse or neglect did not occur;
(b) Information or reports the dissemination of which is prohibited by, or interferes with eligibility under, the "Child Abuse Prevention and Treatment Act," 88 Stat. 4 (1974), 42 U.S.C. 5101 et seq., as amended;
(c)
The name of the person who or entity that made, or participated in the making of, the report of abuse or neglect.
(C)(1) A foster placement home certification or recertification may be denied based on a summary report containing the information described under division (B)(1)(a) of this section, when considered within the totality of the circumstances.
(2) A foster placement home certification or recertification shall not be denied solely based on a summary report containing the information described under division (B)(1)(b) or (c) of this section.
(D) Not later than January 1, 2008, the director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code necessary for the implementation and execution of this section.
Sec. 5104.011. (A) The director of job and family services
shall
adopt rules pursuant to Chapter 119. of the Revised
Code
governing the operation of child day-care centers, including, but
not limited to, parent cooperative centers, part-time centers,
drop-in centers, and school child centers, which rules shall
reflect the various forms of child care and the needs of
children receiving child care or publicly funded child
care and shall include
specific rules for school child care centers that are
developed in consultation with the department of education. The
rules shall not require an existing school facility that is in
compliance with applicable building codes to undergo an
additional
building code inspection or to have structural
modifications. The
rules shall include the following:
(1) Submission of a site plan and descriptive plan of
operation to demonstrate how the center proposes to meet the
requirements of this chapter and rules adopted
pursuant to
this
chapter for the initial license application;
(2) Standards for ensuring that the physical surroundings
of
the center are safe and sanitary including, but not limited
to,
the physical environment, the physical plant, and the
equipment of
the center;
(3) Standards for the supervision, care, and discipline of
children receiving child care or publicly funded child
care in the center;
(4) Standards for a program of activities, and for play
equipment, materials, and supplies, to enhance the development of
each child; however, any educational curricula, philosophies, and
methodologies that are developmentally appropriate and that
enhance the social, emotional, intellectual, and physical
development of each child shall be permissible. As used in this
division, "program" does not include instruction in religious or
moral doctrines, beliefs, or values that is conducted at child
day-care centers owned and operated by churches and does include
methods of disciplining children at child day-care centers.
(5) Admissions policies and procedures, health care
policies
and procedures, including, but not limited to,
procedures for the
isolation of children with communicable
diseases, first aid and
emergency procedures, procedures for
discipline and supervision of
children, standards for the
provision of nutritious meals and
snacks, and procedures for
screening children and employees,
including, but not limited to,
any necessary physical examinations
and immunizations;
(6) Methods for encouraging parental participation in the
center and methods for ensuring that the rights of children,
parents, and employees are protected and that responsibilities of
parents and employees are met;
(7) Procedures for ensuring the safety and adequate
supervision of children traveling off the premises of the center
while under the care of a center employee;
(8) Procedures for record keeping, organization, and
administration;
(9) Procedures for issuing, renewing, denying, and
revoking
a license that are not otherwise provided for in Chapter
119. of
the Revised Code;
(10) Inspection procedures;
(11) Procedures and standards for setting initial and
renewal license application fees;
(12) Procedures for receiving, recording, and responding
to
complaints about centers;
(13) Procedures for enforcing section 5104.04 of the
Revised
Code;
(14) A standard requiring the inclusion, on and after July
1, 1987, of a current department of job and family services
toll-free
telephone number on each center provisional license or
license
which any person may use to report a suspected violation
by the
center of this chapter or rules adopted pursuant to
this
chapter;
(15) Requirements for the training of administrators and
child-care staff members in first aid, in prevention,
recognition,
and management of communicable diseases, and in
child abuse
recognition and prevention. Training requirements
for child
day-care centers adopted under this division shall be
consistent
with divisions (B)(6) and (C)(1) of this section.
(16) Procedures to be used by licensees for checking the
references of potential employees of centers and procedures to be
used by the director for checking the references of applicants
for
licenses to operate centers;
(17) Standards providing for the special needs of children
who are handicapped or who require treatment for health
conditions
while the child is receiving child care or
publicly funded
child care in the center;
(18) A procedure for reporting of injuries of children that occur at the center;
(19) Any other procedures and standards necessary to carry
out this chapter.
(B)(1) The child day-care center shall have, for each
child
for whom the center is licensed, at least thirty-five
square feet
of usable indoor floor space wall-to-wall regularly
available for
the child care operation exclusive of any parts
of the
structure in which the care of children is prohibited by
law or by
rules adopted by the board of building standards. The
minimum of
thirty-five square feet of usable indoor floor space
shall not
include hallways, kitchens, storage areas, or any other
areas that
are not available for the care of children, as
determined by the
director, in meeting the space requirement of
this division, and
bathrooms shall be counted in determining
square footage only if
they are used exclusively by children
enrolled in the center,
except that the exclusion of hallways,
kitchens, storage areas,
bathrooms not used exclusively by
children enrolled in the center,
and any other areas not
available for the care of children from
the minimum of
thirty-five square feet of usable indoor floor
space shall not
apply to:
(a) Centers licensed prior to or on September 1, 1986,
that
continue under licensure after that date;
(b) Centers licensed prior to or on September 1, 1986,
that
are issued a new license after that date solely due to a
change of
ownership of the center.
(2) The child day-care center shall have on the site a
safe
outdoor play space which is enclosed by a fence or otherwise
protected from traffic or other hazards. The play space shall
contain not less than sixty square feet per child using such
space
at any one time, and shall provide an opportunity for
supervised
outdoor play each day in suitable weather. The
director may
exempt a center from the requirement of this
division, if an
outdoor play space is not available and if all of
the following
are met:
(a) The center provides an indoor recreation area that has
not less than sixty square feet per child using the space at any
one time, that has a minimum of one thousand four hundred forty
square feet of space, and that is separate from the indoor space
required under division (B)(1) of this section.
(b) The director has determined that there is regularly
available and scheduled for use a conveniently accessible and
safe
park, playground, or similar outdoor play area for play or
recreation.
(c) The children are closely supervised during play and
while traveling to and from the area.
The director also shall exempt from the requirement of this
division a child day-care center that was licensed prior to
September 1, 1986, if the center received approval from the
director prior to September 1, 1986, to use a park, playground,
or
similar area, not connected with the center, for play or
recreation in lieu of the outdoor space requirements of this
section and if the children are closely supervised both during
play and while traveling to and from the area and except if the
director determines upon investigation and inspection pursuant to
section 5104.04 of the Revised Code and rules
adopted
pursuant to
that section that the park, playground, or similar
area, as well
as access to and from the area, is unsafe for the
children.
(3) The child day-care center shall have at least two
responsible adults available on the premises at all times when
seven or more children are in the center. The center shall
organize the children in the center in small groups, shall
provide
child-care staff to give continuity of care and
supervision to the
children on a day-by-day basis, and shall
ensure that no child is
left alone or unsupervised. Except as
otherwise provided in
division (E) of this section, the maximum
number of children per
child-care staff member and maximum group
size, by age category of
children, are as follows:
|
|
Maximum Number of |
|
|
|
|
Children Per |
|
Maximum |
Age Category |
|
Child-Care |
|
Group |
of Children |
|
Staff Member |
|
Size |
(a) Infants: |
|
|
|
|
(i) Less than twelve |
|
|
|
|
months old |
|
5:1, or |
|
|
|
|
12:2 if two |
|
|
|
|
child-care |
|
|
|
|
staff members |
|
|
|
|
are in the room |
|
12 |
(ii) At least twelve |
|
|
|
|
months old, but |
|
|
|
|
less than eighteen |
|
|
|
|
months old |
|
6:1 |
|
12 |
(b) Toddlers: |
|
|
|
|
(i) At least eighteen |
|
|
|
|
months old, but |
|
|
|
|
less than thirty |
|
|
|
|
months old |
|
7:1 |
|
14 |
(ii) At least thirty months |
|
|
|
|
old, but less than |
|
|
|
|
three years old |
|
8:1 |
|
16 |
(c) Preschool |
|
|
|
|
children: |
|
|
|
|
(i) Three years old |
|
12:1 |
|
24 |
(ii) Four years old and |
|
|
|
|
five years old who |
|
|
|
|
are not school |
|
|
|
|
children |
|
14:1 |
|
28 |
(d) School children: |
|
|
|
|
(i) A child who is |
|
|
|
|
enrolled in or is
|
|
|
|
|
eligible to be |
|
|
|
|
enrolled in a grade
|
|
|
|
|
of kindergarten |
|
|
|
|
or above, but |
|
|
|
|
is less than
|
|
|
|
|
eleven years
old |
|
18:1 |
|
36 |
(ii) Eleven through fourteen |
|
|
|
|
years old |
|
20:1 |
|
40 |
Except as otherwise provided in division (E) of this
section,
the maximum number of children per child-care staff
member and
maximum group size requirements of the younger age
group shall
apply when age groups are combined.
(4)(a) The child day-care center administrator shall show
the director both of the following:
(i) Evidence of at least high school graduation or
certification of high school equivalency by the state board of
education or the appropriate agency of another state;
(ii) Evidence of having completed at least two years of
training in an accredited college, university, or technical
college, including courses in child development or early
childhood
education, or at least two years of experience in
supervising and
giving daily care to children attending an
organized group
program.
(b) In addition to the requirements of division (B)(4)(a)
of
this section, any administrator employed or designated on or
after
September 1, 1986, shall show evidence of, and any
administrator
employed or designated prior to September 1, 1986,
shall show
evidence within six years after such date of, at least
one of the
following:
(i) Two years of experience working as a child-care staff
member in a center and at least four courses in child development
or early childhood education from an accredited college,
university, or technical college, except that a person who has
two
years of experience working as a child-care staff member in a
particular center and who has been promoted to or designated as
administrator of that center shall have one year from the time
the
person was promoted to or designated as administrator to complete
the required four courses;
(ii) Two years of training, including at least four
courses
in child development or early childhood education from an
accredited college, university, or technical college;
(iii) A child development associate credential issued by
the
national child development associate credentialing
commission;
(iv) An associate or higher degree in child development or
early childhood education from an accredited college, technical
college, or university, or a license designated for teaching in an
associate
teaching position in a preschool setting issued by the
state
board of education.
(5) All child-care staff members of a child day-care
center
shall be at least eighteen years of age, and shall furnish
the
director evidence of at least high school graduation or
certification of high school equivalency by the state board of
education or the appropriate agency of another state or evidence
of completion of a training program approved by the department of
job and
family services or state board of education, except as
follows:
(a) A child-care staff member may be less than eighteen
years of age if the staff member is either of the following:
(i) A graduate of a two-year vocational child-care
training
program approved by the state board of education;
(ii) A student enrolled in the second year of a vocational
child-care training program approved by the state board of
education which leads to high school graduation, provided that
the
student performs the student's duties in the child
day-care center
under the continuous supervision of an experienced child-care
staff member, receives periodic supervision from the vocational
child-care training program teacher-coordinator in the
student's
high school, and meets all other requirements of this chapter
and
rules adopted pursuant to this chapter.
(b) A child-care staff member shall be exempt from the
educational requirements of this division if the staff
member:
(i) Prior to January 1, 1972, was employed or designated
by
a child day-care center and has been continuously employed
since
either by the same child day-care center employer or at the
same
child day-care center; or
(ii) Is a student enrolled in the second year of a
vocational child-care training program approved by the state
board
of education which leads to high school graduation,
provided that
the student performs the student's duties in
the child day-care
center under the continuous supervision of an
experienced
child-care staff member, receives periodic
supervision from the
vocational child-care training program
teacher-coordinator in the
student's high school, and meets
all other requirements of this
chapter and rules
adopted pursuant to this
chapter.
(6) Every child care staff member of a child day-care
center annually shall complete fifteen hours of inservice
training
in child development or early childhood education, child
abuse
recognition and prevention, first aid, and in prevention,
recognition, and management of communicable diseases, until a
total of forty-five hours of training has been completed, unless
the staff member furnishes one of the following to the
director:
(a) Evidence of an associate or higher degree in child
development or early childhood education from an accredited
college, university, or technical college;
(b) A license designated for teaching in an associate
teaching position in a
preschool setting issued by the state board
of education;
(c) Evidence of a child development associate credential;
(d) Evidence of a preprimary credential from the American
Montessori society or the association Montessori international internationale.
For the purposes of division (B)(6) of this section, "hour" means
sixty minutes.
(7) The administrator of each child day-care center shall
prepare at least once annually and for each group of children at
the center a roster of names and telephone numbers of parents,
custodians, or guardians of each group of children attending the
center and upon request shall furnish the roster for each group
to
the parents, custodians, or guardians of the children in that
group. The administrator may prepare a roster of names and
telephone numbers of all parents, custodians, or guardians of
children attending the center and upon request shall furnish the
roster to the parents, custodians, or guardians of the children
who attend the center. The administrator shall not include in
any
roster the name or telephone number of any parent, custodian,
or
guardian who requests the administrator not to include the
parent's, custodian's, or guardian's name or number and shall not
furnish
any roster to any person other than a parent, custodian,
or guardian of a
child who attends the center.
(C)(1) Each child day-care center shall have on the center
premises and readily available at all times at least one
child-care staff member who has completed a course in first aid
and in prevention, recognition, and management of communicable
diseases which is approved by the state department of health and
a
staff member who has completed a course in child abuse
recognition
and prevention training which is approved by the
department of job
and family services.
(2) The administrator of each child day-care center shall
maintain enrollment, health, and attendance records for all
children attending the center and health and employment records
for all center employees. The records shall be confidential,
except as otherwise provided in division (B)(7) of this section
and except that they shall be disclosed by the administrator to
the director upon request for the purpose of administering and
enforcing this chapter and rules adopted pursuant to this
chapter.
Neither the center nor the licensee, administrator, or
employees
of the center shall be civilly or criminally liable in
damages or
otherwise for records disclosed to the director by the
administrator pursuant to this division. It shall be a defense
to
any civil or criminal charge based upon records disclosed by
the
administrator to the director that the records were disclosed
pursuant to this division.
(3)(a) Any parent who is the residential parent and legal
custodian of a child enrolled in a child day-care center and any
custodian or guardian of such a child shall be permitted
unlimited
access to the center during its hours of operation for
the
purposes of contacting their children, evaluating the care
provided by the center, evaluating the premises of the center, or
for other purposes approved by the director. A parent of a child
enrolled in a child day-care center who is not the child's
residential parent shall be permitted unlimited access to the
center during its hours of operation for those purposes under the
same terms and conditions under which the residential parent of
that child is permitted access to the center for those purposes.
However, the access of the parent who is not the residential
parent is subject to any agreement between the parents and, to
the
extent described in division (C)(3)(b) of this section, is
subject
to any terms and conditions limiting the right of access
of the
parent who is not the residential parent, as described in
division
(I) of section 3109.051 of the Revised Code, that are
contained in
a parenting time order or decree issued
under that
section,
section 3109.12 of the Revised Code, or any
other provision of
the Revised Code.
(b) If a parent who is the residential parent of a child
has
presented the administrator or the administrator's
designee with a
copy of a
parenting time order that limits the terms and
conditions under which
the parent who is not the residential
parent is to have access to
the center, as described in division
(I) of section 3109.051 of
the Revised Code, the parent who is not
the residential parent
shall be provided access to the center only
to the extent
authorized in the order. If the residential parent
has presented
such an order, the parent who is not the residential
parent shall
be permitted access to the center only in accordance
with the
most recent order that has been presented to the
administrator or
the administrator's designee by the residential
parent or
the parent who is not the residential parent.
(c) Upon entering the premises pursuant to division
(C)(3)(a) or (b) of this section, the parent who is the
residential parent and legal custodian, the parent who is not the
residential parent, or the custodian or guardian shall notify the
administrator or the administrator's designee of
the parent's,
custodian's, or guardian's presence.
(D) The director of job and family services, in addition to
the
rules adopted under division (A) of this section, shall adopt
rules establishing minimum requirements for child day-care
centers. The rules shall include, but not be limited to, the
requirements set forth in divisions (B) and (C) of this section.
Except as provided in section 5104.07 of the Revised Code, the
rules shall not change the square footage requirements of
division
(B)(1) or (2) of this section; the maximum number of
children per
child-care staff member and maximum group size
requirements of
division (B)(3) of this section; the educational
and experience
requirements of division (B)(4) of this section;
the age,
educational, and experience requirements of division
(B)(5) of
this section; the number of inservice training hours
required
under division (B)(6) of this section; or the
requirement for at
least annual preparation of a roster for each
group of children of
names and telephone numbers of parents,
custodians, or guardians
of each group of children attending the
center that must be
furnished upon request to any parent,
custodian, or guardian of
any child in that group required under
division (B)(7) of this
section; however, the rules shall provide
procedures for
determining compliance with those requirements.
(E)(1) When age groups are combined, the maximum number of
children per child-care staff member shall be determined by the
age of the youngest child in the group, except that when no more
than one child thirty months of age or older receives services in
a group in which all the other children are in the next older age
group, the maximum number of children per child-care staff member
and maximum group size requirements of the older age group
established under division (B)(3) of this section shall apply.
(2) The maximum number of toddlers or preschool
children per
child-care staff member in a room where children are napping
shall
be twice the maximum number of children per child-care
staff
member established under division (B)(3) of this section if
all
the following criteria are met:
(a) At least one child-care staff member is present in the
room.
(b) Sufficient child-care staff members are on the child
day-care center premises to meet the maximum number of children
per child-care staff member requirements established under
division (B)(3) of this section.
(c) Naptime preparations are complete and all napping
children are resting or sleeping on cots.
(d) The maximum number established under division (E)(2)
of
this section is in effect for no more than one and one-half
hours
during a twenty-four-hour day.
(F) The director of job and family services shall adopt
rules
pursuant to Chapter 119. of the Revised Code governing the
operation of type A family day-care homes, including, but not
limited to, parent cooperative type A homes, part-time type A
homes, drop-in type A homes, and school child type A homes, which
shall reflect the various forms of child care and the needs
of
children receiving child care. The rules shall include
the
following:
(1) Submission of a site plan and descriptive plan of
operation to demonstrate how the type A home proposes to meet the
requirements of this chapter and rules adopted
pursuant to
this
chapter for the initial license application;
(2) Standards for ensuring that the physical surroundings
of
the type A home are safe and sanitary, including, but not
limited
to, the physical environment, the physical plant, and the
equipment of the type A home;
(3) Standards for the supervision, care, and discipline of
children receiving child care or publicly funded child
care in the type A home;
(4) Standards for a program of activities, and for play
equipment, materials, and supplies, to enhance the development of
each child; however, any educational curricula, philosophies, and
methodologies that are developmentally appropriate and that
enhance the social, emotional, intellectual, and physical
development of each child shall be permissible;
(5) Admissions policies and procedures, health care
policies
and procedures, including, but not limited to,
procedures for the
isolation of children with communicable
diseases, first aid and
emergency procedures, procedures for
discipline and supervision of
children, standards for the
provision of nutritious meals and
snacks, and procedures for
screening children and employees,
including, but not limited to,
any necessary physical examinations
and immunizations;
(6) Methods for encouraging parental participation in the
type A home and methods for ensuring that the rights of children,
parents, and employees are protected and that the
responsibilities
of parents and employees are met;
(7) Procedures for ensuring the safety and adequate
supervision of children traveling off the premises of the type A
home while under the care of a type A home employee;
(8) Procedures for record keeping, organization, and
administration;
(9) Procedures for issuing, renewing, denying, and
revoking
a license that are not otherwise provided for in Chapter
119. of
the Revised Code;
(10) Inspection procedures;
(11) Procedures and standards for setting initial and
renewal license application fees;
(12) Procedures for receiving, recording, and responding
to
complaints about type A homes;
(13) Procedures for enforcing section 5104.04 of the
Revised
Code;
(14) A standard requiring the inclusion, on or after July
1,
1987, of a current department of job and family services toll-free
telephone number on each type A home provisional license or
license which any person may use to report a suspected violation
by the type A home of this chapter or rules adopted
pursuant
this
chapter;
(15) Requirements for the training of administrators and
child-care staff members in first aid, in prevention,
recognition,
and management of communicable diseases, and in
child abuse
recognition and prevention;
(16) Procedures to be used by licensees for checking the
references of potential employees of type A homes and procedures
to be used by the director for checking the references of
applicants for licenses to operate type A homes;
(17) Standards providing for the special needs of children
who are handicapped or who require treatment for health
conditions
while the child is receiving child care or
publicly funded
child care in the type A home;
(18) Standards for the maximum number of children per
child-care staff member;
(19) Requirements for the amount of usable indoor floor
space for each child;
(20) Requirements for safe outdoor play space;
(21) Qualifications and training requirements for
administrators and for child-care staff members;
(22) Procedures for granting a parent who is the
residential
parent and legal custodian, or a custodian or
guardian access to
the type A home during its hours of operation;
(23) Standards for the preparation and distribution of a
roster of parents, custodians, and guardians;
(24) Any other procedures and standards necessary to carry
out this chapter.
(G) The director of job and family services shall adopt
rules
pursuant to Chapter 119. of the Revised Code governing the
certification of type B family day-care homes.
(1) The rules shall
include procedures all of the following:
(a) Procedures, standards, and other
necessary provisions for
granting limited certification to type B
family day-care homes
that are operated by the following adult
providers:
(a)(i) Persons who provide child care
for eligible children
who are great-grandchildren, grandchildren,
nieces, nephews, or
siblings of the provider or for eligible
children whose caretaker
parent is a grandchild, child, niece,
nephew, or sibling of the
provider;
(b)(ii) Persons who provide child care for eligible children
all of whom are the children of the same caretaker parent.;
The rules shall require, and
shall include procedures (b) Procedures for the
director to ensure, that type B
family day-care homes that receive
a limited certification
provide child care to children in a
safe and sanitary manner;
(c) Requirements for the type B home to notify parents with children in the type B home that the type B home is also certified as a foster home under section 5103.03 of the Revised Code.
With
With regard to providers who apply for
limited certification, a
provider shall be granted a provisional
limited certification on
signing a declaration under oath
attesting that the provider
meets the standards for limited
certification. Such provisional limited
certifications shall
remain in effect for no more than sixty
calendar days and shall
entitle the provider to offer publicly
funded child care
during the provisional period. Except
as otherwise provided in
division (G)(1) of this section, section 5104.013 or 5104.09 of the Revised Code, or division (A)(2) of section 5104.11 of the Revised Code, prior
to
the expiration of the
provisional limited certificate, a county department of
job and
family services shall inspect the home and shall
grant limited
certification to the provider if the provider
meets the
requirements of this division. Limited certificates remain valid
for two years unless earlier revoked. Except as otherwise
provided in division (G)(1) of this section, providers operating
under limited certification shall be inspected annually.
If a provider is
a person described in division (G)(1)(a)(i) of
this
section or a person described in division (G)(1)(b)(a)(ii)
of this
section who is a friend of the caretaker parent, the provider and
the caretaker parent may verify in writing to the county
department of
job and family services that minimum health and
safety
requirements are being met in the home. Except as otherwise provided in section 5104.013 or 5104.09 or in division (A)(2) of section 5104.11 of the Revised Code, if such
verification is provided, the
county shall waive any inspection
required by this chapter and grant
limited
certification to the provider.
(2) The rules shall provide for safeguarding the health,
safety, and welfare of children receiving child care or
publicly funded child care in a certified type B home and
shall include the following:
(a) Standards for ensuring that the type B home and the
physical surroundings of the type B home are safe and sanitary,
including, but not limited to, physical environment, physical
plant, and equipment;
(b) Standards for the supervision, care, and discipline of
children receiving child care or publicly funded child
care in the home;
(c) Standards for a program of activities, and for play
equipment, materials, and supplies to enhance the development of
each child; however, any educational curricula, philosophies, and
methodologies that are developmentally appropriate and that
enhance the social, emotional, intellectual, and physical
development of each child shall be permissible;
(d) Admission policies and procedures, health care, first
aid and emergency procedures, procedures for the care of sick
children, procedures for discipline and supervision of children,
nutritional standards, and procedures for screening children and
authorized providers, including, but not limited to, any
necessary
physical examinations and immunizations;
(e) Methods of encouraging parental participation and
ensuring that the rights of children, parents, and authorized
providers are protected and the responsibilities of parents and
authorized providers are met;
(f) Standards for the safe transport of children when
under
the care of authorized providers;
(g) Procedures for issuing, renewing, denying, refusing to
renew, or revoking certificates;
(h) Procedures for the inspection of type B family
day-care
homes that require, at a minimum, that each type B
family day-care
home be inspected prior to certification to
ensure that the home
is safe and sanitary;
(i) Procedures for record keeping and evaluation;
(j) Procedures for receiving, recording, and responding
to
complaints;
(k) Standards providing for the special needs of children
who are handicapped or who receive treatment for health
conditions
while the child is receiving child care or
publicly funded
child care in the type B home;
(l) Requirements for the amount of usable indoor floor
space
for each child;
(m) Requirements for safe outdoor play space;
(n) Qualification and training requirements for
authorized
providers;
(o) Procedures for granting a parent who is the
residential
parent and legal custodian, or a custodian or
guardian access to
the type B home during its hours of operation;
(p) Requirements for the type B home to notify parents with children in the type B home that the type B home is also certified as a foster home under section 5103.03 of the Revised Code;
(q) Any other procedures and standards necessary to carry
out this chapter.
(H) The director shall adopt rules pursuant to
Chapter 119.
of the Revised Code governing the certification of
in-home aides.
The rules shall include procedures, standards,
and other necessary
provisions for granting limited certification
to in-home aides who
provide child care for eligible children
who are
great-grandchildren, grandchildren, nieces, nephews, or
siblings
of the in-home aide or for eligible children whose
caretaker
parent is a grandchild, child, niece, nephew, or
sibling of the
in-home aide. The rules shall require, and shall
include
procedures for the director to ensure, that in-home aides
that
receive a limited certification provide child care to
children
in a safe and sanitary manner. The rules shall provide
for
safeguarding the health, safety, and welfare of children
receiving
publicly funded child care in their own home and
shall include
the following:
(1) Standards for ensuring that the child's home and the
physical surroundings of the child's home are safe and sanitary,
including, but not limited to, physical environment, physical
plant, and equipment;
(2) Standards for the supervision, care, and discipline of
children receiving publicly funded child care in their own
home;
(3) Standards for a program of activities, and for play
equipment, materials, and supplies to enhance the development of
each child; however, any educational curricula, philosophies, and
methodologies that are developmentally appropriate and that
enhance the social, emotional, intellectual, and physical
development of each child shall be permissible;
(4) Health care, first aid, and emergency procedures,
procedures for the care of sick children, procedures for
discipline and supervision of children, nutritional standards,
and
procedures for screening children and in-home aides,
including,
but not limited to, any necessary physical
examinations and
immunizations;
(5) Methods of encouraging parental participation and
ensuring that the rights of children, parents, and in-home aides
are protected and the responsibilities of parents and in-home
aides are met;
(6) Standards for the safe transport of children when
under
the care of in-home aides;
(7) Procedures for issuing, renewing, denying, refusing to
renew, or revoking certificates;
(8) Procedures for inspection of homes of children
receiving
publicly funded child care in their own homes;
(9) Procedures for record keeping and evaluation;
(10) Procedures for receiving, recording, and responding
to
complaints;
(11) Qualifications and training requirements for in-home
aides;
(12) Standards providing for the special needs of children
who are handicapped or who receive treatment for health
conditions
while the child is receiving publicly funded child
care in the
child's own home;
(13) Any other procedures and standards necessary to carry
out this chapter.
(I)
To the extent that any rules adopted for the purposes of
this section require a health care professional to perform a
physical examination, the rules shall include as a health care
professional a physician assistant, a clinical nurse specialist, a
certified nurse
practitioner, or a certified nurse-midwife.
(J)(1) The director of job and family services shall do all of the following:
(a) Send Provide or make available in either paper or electronic form to each licensee notice of
proposed rules governing the licensure of child day-care centers and type A homes;
(b) Give public notice of
hearings
regarding the
rules to each licensee at least thirty days prior to
the date of the public
hearing, in
accordance with section 119.03
of the Revised Code;
(c) At least thirty days before the
effective date of a rule,
provide, in either paper or electronic form, a copy of the
adopted rule to each licensee.
(2) The director shall do all of the following:
(a) Send to each county director of job and family services a notice of proposed rules governing the certification of type B family homes and in-home aides that includes an internet web site address where the proposed rules can be viewed;
(b) Give public notice of hearings regarding the proposed rules not less than thirty days in advance;
(c) Provide to each county director of job and family services an electronic copy of each adopted rule at least forty-five days prior to the rule's effective date.
(3) The county director of job and family services shall send
copies of
proposed rules provide or make available in either paper or electronic form to each authorized provider and in-home
aide copies of proposed rules and
shall give public notice of hearings regarding the rules
to each
authorized provider and in-home aide at least thirty days
prior
to the date of the public hearing, in accordance with
section
119.03 of the Revised Code. At least thirty days before the effective date
of a
rule, the county director of job and family services shall
provide, in either paper or electronic form, copies of the adopted rule to each authorized provider and
in-home
aide.
(4) Additional copies of proposed and adopted rules shall be
made
available by the director of job and family services
to the public
on
request at no charge.
(5) The director of job and family services shall recommend standards for imposing sanctions on persons and entities that are licensed or certified under this chapter and that violate any provision of this chapter. The standards shall be based on the scope and severity of the violations. The director shall provide copies of the recommendations to the governor, the speaker and minority leader of the house of representatives, and the president and minority leader of the senate and, on request, shall make copies available to the public.
(6) The director of job and family services shall adopt rules pursuant to Chapter 119. of the Revised Code that establish standards for the training of individuals whom any county department of job and family services employs, with whom any county department of job and family services contracts, or with whom the director of job and family services contracts, to inspect or investigate type B family day-care homes pursuant to section 5104.11 of the Revised Code. The department shall provide training in accordance with those standards for individuals in the categories described in this division.
(K) The director of job and family services shall review
all
rules
adopted pursuant to this chapter at least once every
seven
years.
(L) Notwithstanding any provision of the Revised Code,
the
director of job and family services shall not regulate in
any
way
under
this chapter or rules adopted pursuant to this
chapter,
instruction in religious or moral doctrines, beliefs, or values.
Sec. 5104.012. (A)(1) The At the times specified in this division, the administrator of a child
day-care
center or a type A family day-care home and the
provider
of a
certified type B family day-care home shall request the
superintendent of the bureau of criminal identification and
investigation to conduct a criminal records check with respect to
any applicant who has applied to the center, or type A home, or
certified type B home for employment as a person responsible
for
the care, custody, or control of a child. If the applicant does
not present proof that the applicant has been a resident of this
state for the five-year period immediately prior to the date upon
which the criminal records check is requested or does not provide
evidence that within that five-year period the superintendent has
requested information about the applicant from the federal bureau
of
investigation in a criminal records check
The administrator shall request a criminal records check pursuant to this division at the time of the applicant's initial application for employment and every four years thereafter at the time of a license renewal. When the administrator requests pursuant to this division a criminal records check for an applicant at the time of the applicant's initial application for employment, the administrator or
provider shall request that the superintendent obtain information
from the federal bureau of investigation as a part of the
criminal
records check for the applicant. If the applicant
presents proof
that the applicant has been a resident of this
state for that
five-year period, the administrator or provider
may request that
the superintendent include information from the
federal bureau of
investigation in the criminal records check, including fingerprint based checks of national crime information databases as described in 42 U.S.C. 671, for the person subject to the criminal records check. In all other cases in which the administrator requests a criminal records check for an applicant pursuant to this division, the administrator may request that the superintendent include information from the federal bureau of investigation in the criminal records check, including fingerprint based checks of national crime information databases as described in 42 U.S.C. 671.
(2) A person required by division (A)(1) of this section
to
request a criminal records check shall provide to each
applicant a
copy of the form prescribed pursuant to division
(C)(1) of section
109.572 of the Revised Code, provide to each
applicant a standard
impression sheet to obtain fingerprint
impressions prescribed
pursuant to division (C)(2) of section
109.572 of the Revised
Code, obtain the completed form and
impression sheet from each
applicant, and forward the completed
form and impression sheet to
the superintendent of the bureau of
criminal identification and
investigation at the time the person
requests a criminal records
check pursuant to division (A)(1) of
this section. On and after the effective date of this amendment, the administrator of a child day-care center or a type A family day-care home shall review the results of the criminal records check before the applicant has sole responsibility for the care, custody, or control of any child.
(3) An applicant who receives pursuant to division (A)(2)
of
this section a copy of the form prescribed pursuant to
division
(C)(1) of section 109.572 of the Revised Code and a copy
of an
impression sheet prescribed pursuant to division (C)(2) of
that
section and who is requested to complete the form and
provide a
set of fingerprint impressions shall complete the form
or provide
all the information necessary to complete the form and
shall
provide the impression sheet with the impressions of the
applicant's fingerprints. If an applicant, upon request, fails to
provide
the information necessary to complete the form or fails to
provide impressions of the applicant's fingerprints, the center,
or type A home, or type B home shall not employ
that
applicant for
any position for which a criminal records check
is required by
division (A)(1) of this section.
(B)(1) Except as provided in rules adopted under division
(E)
of
this section, no child day-care center, or type A
family
day-care
home, or certified type B family day-care home
shall
employ or
contract with another entity for the services of a
person as a
person responsible for the care, custody, or control
of a child
if the person previously has been convicted of or
pleaded guilty
to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21,
2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2911.01,
2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05,
2925.06, or 3716.11 of the
Revised Code, a violation of section
2905.04 of the Revised Code as it existed
prior to July 1, 1996, a
violation of section 2919.23 of the Revised Code that
would have
been a violation of section 2905.04 of the Revised Code as it
existed prior to July 1, 1996, had the violation occurred prior to
that
date, a violation of section 2925.11 of the Revised
Code that
is not a minor drug possession offense, or felonious
sexual
penetration in violation of former section 2907.12 of the Revised
Code;
(b) A violation of an existing or former law of this state,
any other
state, or the United States that is substantially
equivalent to
any of the offenses or violations described in
division (B)(1)(a)
of this section violations described in division (A)(9) of section 109.572 of the Revised Code.
(2) A child day-care center, or type A family day-care home,
or
certified type B family day-care home may employ an
applicant
conditionally until the criminal records check required by this
section is completed and the center or home receives the results
of the criminal records check. If the results of the criminal
records check indicate that, pursuant to division (B)(1) of this
section, the applicant does not qualify for employment, the
center
or home shall release the applicant from employment.
(C)(1) Each child day-care center, and type A family day-care
home, and certified type B family day-care home shall pay to
the
bureau of criminal identification and investigation the fee
prescribed pursuant to division (C)(3) of section 109.572 of the
Revised Code for each criminal records check conducted in
accordance with that section upon the request pursuant to
division
(A)(1) of this section of the administrator or provider
of the
center or home.
(2) A child day-care center, and type A family day-care home,
and certified type B family day-care home may charge an
applicant
a fee for the costs it incurs in obtaining a criminal records
check under this section. A fee charged under this division
shall
not exceed the amount of fees the center or home pays under
division (C)(1) of this section. If a fee is charged under this
division, the center or home shall notify the applicant at the
time of the applicant's initial application for employment of the
amount of the fee and that, unless the fee is paid, the center,
or type A home, or type B home will not consider
the
applicant for
employment.
(D) The report of any criminal records check conducted by
the bureau of criminal identification and investigation in
accordance with section 109.572 of the Revised Code and pursuant
to a request under division (A)(1) of this section is not a
public
record for the purposes of section 149.43 of the Revised
Code and
shall not be made available to any person other than the
applicant
who is the subject of the criminal records check or the
applicant's
representative; the center, or type A home, or certified
type B home
requesting the criminal records check or its
representative; the
department of job and family services or a
county department of job and family services; and any
court,
hearing officer, or other
necessary individual involved in a case
dealing with the denial
of employment to the applicant.
(E) The director of job and
family services shall adopt
rules
pursuant to Chapter 119. of the Revised Code to implement
this
section, including rules specifying circumstances under which
a
center or home may hire a person who has been convicted of an
offense listed in division (B)(1) of this section but who meets
standards in regard to rehabilitation set by the department.
(F) Any person required by division (A)(1) of this section
to request a criminal records check shall inform each person, at
the time of the person's initial application for employment, that
the person is required to provide a set of impressions of the
person's
fingerprints and
that a criminal records check is
required to be conducted and
satisfactorily completed in
accordance with section 109.572 of
the Revised Code if the person
comes under final consideration for
appointment or employment as a
precondition to employment for
that position.
(G) As used in this section:
(1)
"Applicant" means a person who is under final
consideration for appointment to or employment in a position with
a child day-care center, or a type A family day-care home, or a
certified type B family day-care home as a person responsible
for
the care, custody, or control of a child; an in-home aide
certified pursuant to section 5104.12 of the Revised Code; or any
person who would serve in any position with a child day-care
center, or a type A family day-care home, or a certified
type B
family day-care home as a person responsible for the care,
custody, or control of a child pursuant to a contract with
another
entity.
(2)
"Criminal records check" has the same meaning as in
section 109.572 of the Revised Code.
(3)
"Minor drug possession offense" has the same meaning as
in
section 2925.01 of the Revised Code.
Sec. 5104.013. (A)(1) The At the times specified in division (A)(3) of this section, the director of job and family
services, as
part of the process of licensure of child day-care
centers and
type A family day-care homes, shall request the
superintendent of
the bureau of criminal identification and
investigation to
conduct a criminal records check with respect to
the following
persons:
(a) Any owner, licensee, or administrator of a child
day-care center;
(b) Any owner, licensee, or administrator of a type A
family
day-care home and any person eighteen years of age or
older who
resides in a type A family day-care
home.
(2) The At the times specified in division (A)(3) of this section, the director of a county department of job and family
services, as part of the process of certification of type
B family
day-care
homes, shall request the superintendent of the bureau of
criminal
identification and investigation to conduct a criminal
records
check with respect to any authorized provider of a
certified
type B family day-care home and any person
eighteen
years of age
or older who resides in a certified type B
family
day-care home.
(3) If the owner, licensee, administrator, or person eighteen years of age or older who is the subject of a criminal records check pursuant to division (A)(1) of this section, or the authorized provider or person eighteen years of age or older who is the subject of a criminal records check pursuant to division (A)(2) of this section, does not present proof that the owner, licensee, administrator, authorized provider, or person has been a resident of this state for the five-year period immediately prior to the date upon which the criminal records check is requested or does not provide evidence that within that five-year period the superintendent of the bureau of criminal identification and investigation has requested information about the owner, licensee, administrator, authorized provider, or person from the federal bureau of investigation in a criminal records check The director of job and family services shall request a criminal records check pursuant to division (A)(1) of this section at the time of the initial application for licensure and every four years thereafter at the time of a license renewal. The director of a county department of job and family services shall request a criminal records check pursuant to division (A)(2) of this section at the time of the initial application for certification and every four years thereafter at the time of a certification renewal. When the director of job and family services or the director of a county department of job and family services requests pursuant to division (A)(1) or (2) of this section a criminal records check for a person at the time of the person's initial application for licensure or certification, the director shall request that the superintendent of the bureau of criminal identification and investigation obtain information from the federal bureau of investigation as a part of the criminal records check for the applicant. If the owner, licensee, administrator, authorized provider, or person presents proof that the owner, licensee, administrator, authorized provider, or person has been a resident of this state for that five-year period, the director may request that the superintendent include information from the federal bureau of investigation in the criminal records check person, including fingerprint based checks of national crime information databases as described in 42 U.S.C. 671 for the person subject to the criminal records check. In all other cases in which the director of job and family services or the director of a county department of job and family services requests a criminal records check for an applicant pursuant to division (A)(1) or (2) of this section, the director may request that the superintendent include information from the federal bureau of investigation in the criminal records check, including fingerprint based checks of national crime information databases as described in 42 U.S.C. 671.
(4) The director of job and family services shall review the results of a criminal records check subsequent to a request made pursuant to divisions (A)(1) and (3) of this section prior to approval of a license. The director of a county department of job and family services shall review the results of a criminal records check subsequent to a request made pursuant to divisions (A)(2) and (3) of this section prior to approval of certification.
(B) The director of job and family services or the
director
of a
county department of job and family services shall provide
to
each person
for whom a criminal records check is required under
this section
a copy of the form prescribed pursuant to division
(C)(1) of
section 109.572 of the Revised Code and a standard
impression
sheet to obtain fingerprint impressions prescribed
pursuant to
division (C)(2) of that section, obtain the completed
form and
impression sheet from that person, and forward the
completed form
and impression sheet to the superintendent of the
bureau of
criminal identification and investigation.
(C) A person who receives pursuant to division (B) of
this
section a copy of the form and standard impression sheet
described
in that division and who is requested to complete the
form and
provide a set of fingerprint impressions shall complete
the form
or provide all the information necessary to complete the
form and
shall provide the impression sheet with the impressions
of the
person's fingerprints. If the person, upon request, fails to
provide the information necessary to complete the form or fails
to
provide impressions of the person's fingerprints, the director
may
consider the failure as a reason to deny licensure or
certification.
(D)(1) Except as provided in rules adopted under division (G)
of this
section, the director of job and family services shall not
grant a license
to a child day-care center or type A family
day-care home and a
county director of job and family services
shall not
certify a type B
family day-care home if a person for
whom a criminal records
check was required in connection with the
center or home
previously has been convicted of or pleaded guilty
to any of the
following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21,
2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2911.01,
2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05,
2925.06, or 3716.11 of the Revised Code, a violation of
section
2905.04 as it existed prior to July 1, 1996, a violation of
section
2919.23 of the Revised Code that would have been a
violation of section
2905.04 of the Revised Code as it existed
prior to July 1, 1996, had the
violation been committed prior to
that date, a violation of
section 2925.11 of the Revised
Code that
is not a minor drug possession offense, or felonious
sexual
penetration in violation of former section 2907.12 of the Revised
Code;
(b) A violation of an existing or former law of this state,
any other
state, or the United States that is substantially
equivalent to
any of the offenses or violations described in
division (D)(1)(a) of
this section.
(2) In addition to the prohibition described in division (D)(1) of this section, and except as provided in rules adopted under division (G) of this section, the director shall not grant a license to a child day-care center or type A family day-care home and a county director shall not certify a type B family day-care home if an owner, licensee, or administrator of a child day-care center or type A family day-care home or an authorized provider of a certified type B family day-care home previously has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2913.02, 2913.03, 2913.04, 2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11, 2921.13, or 2923.01 of the Revised Code, a violation of section 2923.02 or 2923.03 of the Revised Code that relates to a crime specified in this division or division (D)(1) of this section, or a second violation of section 4511.19 of the Revised Code within five years of the date of application for licensure or certification.
(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses or violations described in division (D)(2)(a) of this section violations described in division (A)(9) of section 109.572 of the Revised Code.
(E) Each child day-care center, type A family day-care
home,
and type B family day-care home shall pay to the bureau
of
criminal identification and investigation the fee prescribed
pursuant to division (C)(3) of section 109.572 of the Revised
Code
for each criminal records check conducted in accordance with
that
section upon a request made pursuant to division (A) of this
section.
(F) The report of any criminal records check conducted by
the bureau of criminal identification and investigation in
accordance with section 109.572 of the Revised Code and pursuant
to a request made under division (A) of this section is not a
public record for the purposes of section 149.43 of the Revised
Code and shall not be made available to any person other than the
person who is the subject of the criminal records check or the
person's representative, the director of job and family
services,
the director of a
county department of job and family services,
the center,
type A home, or
type B home involved, and any court,
hearing
officer, or other
necessary individual involved in a case
dealing with a denial of
licensure or certification related to the
criminal records check.
(G) The director of job and
family services shall adopt
rules
pursuant to Chapter 119. of the Revised Code to implement
this
section, including rules specifying exceptions to the
prohibition
in division (D) of this section for persons who have
been
convicted of an offense listed in that division but who meet
standards in regard to rehabilitation set by the department.
(H) As used in this section:
(1)
"Criminal, "criminal records check" has the same meaning as in
section
109.572 of the Revised Code.
(2)
"Minor drug possession offense" has the same
meaning as
in section 2925.01 of the Revised Code.
Sec. 5104.022. The department of job and family services shall not license a prospective type A family day-care home if that prospective family day-care home is certified to be a foster home or specialized foster home pursuant to Chapter 5103. of the Revised Code. A county department of job and family services shall not certify a prospective type B family day-care home if that prospective family day-care home is certified to be a specialized foster home pursuant to Chapter 5103. of the Revised Code.
Sec. 5104.09. (A)(1) Except as provided in rules adopted pursuant to division (D) of this section:
(a) No, no individual who has been convicted
of or pleaded guilty to a violation described in division (A)(9) of section 109.572 of the Revised Code, a violation of section 2903.01, 2903.02,
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,
2903.22, 2903.34, 2905.01, 2905.02, 2905.04, 2905.05, 2905.11,
2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08,
2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31,
2907.32,
2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2909.04,
2909.05,
2911.01, 2911.02, 2911.11, 2911.12, 2917.01, 2917.02,
2917.03,
2917.31, 2919.12, 2919.24, 2919.25, 2921.03, 2921.34, or
2921.35,
2923.12, 2923.13, 2923.161, 2919.22, 2925.02,
2925.03, 2925.04,
2925.05, 2925.06, or 3716.11 of the Revised Code, a
violation of
section 2925.11 of the Revised Code that is not a minor drug
possession offense, as defined in section 2925.01 of the Revised
Code, felonious sexual penetration in violation of former section
2907.12
of the Revised Code, or a violation of an existing or
former
law or ordinance of any municipal corporation, this state,
any other
state, or the United States that is substantially
equivalent to
any of those violations shall be certified as an
in-home aide or be
employed in any capacity in or own or operate a
child day-care
center, type A family day-care home, type B family
day-care home,
or certified type B family day-care home.
(b) No individual who has been convicted of or pleaded guilty to a violation of section 2913.02, 2913.03, 2913.04, 2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11, 2921.13, or 2923.01 of the Revised Code, a violation of section 2923.02 or 2923.03 of the Revised Code that relates to a crime specified in this division or division (A)(1)(a) of this section, a second violation of section 4511.19 of the Revised Code within five years of the date of operation of the child day-care center or family day-care home, or two violations of section 4511.19 of the Revised Code during operation of the center or home, or a violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of those violations shall be certified as an in-home aide or be employed in any capacity in or own or operate a child day-care center, type A family day-care home, type B family day-care home, or certified type B family day-care home.
(2) Each employee of a child day-care center and type A
home
and every person eighteen years of age or older residing in
a type
A home shall sign a statement on forms prescribed by the
director
of job and family services attesting to the fact that the
employee
or
resident person has not
been convicted of or pleaded guilty to
any offense set forth in
division (A)(1)(a) of this section and that
no child has been
removed from the employee's or resident person's
home pursuant to
section 2151.353 of the Revised
Code. Each
licensee of a type A home shall sign a statement on a
form
prescribed by the director attesting to the fact that no
person
who resides at the type A home and who is under the age
of
eighteen has been adjudicated a delinquent child for
committing a
violation of any section listed in division (A)(1)(a)
of this
section. The statements shall be kept on file at the
center or
type A home.
(3) Each in-home aide and every
person eighteen years of age or older residing in a certified
type
B home shall sign a statement on forms prescribed by the
director
of job and family services attesting that the aide
or
resident person has not been
convicted of or pleaded guilty to any
offense set forth in
division (A)(1)(a) of this section and that no
child has been
removed from the aide's or resident
person's home
pursuant to section 2151.353 of the Revised
Code. Each authorized provider shall sign a statement on forms prescribed by the director attesting that the provider has not been convicted of or pleaded guilty to any offense set forth in division (A)(1)(a) or (b) of this section and that no child has been removed from the provider's home pursuant to section 2151.353 of the Revised Code.
Each authorized provider shall sign a statement on a form
prescribed by the director attesting to the fact that no person
who resides at the certified type B home and who is under the age
of eighteen has been adjudicated a delinquent child for
committing
a violation of any section listed in division (A)(1)(a) of this
section. The statements shall be kept on file at the
county
department of job and family services.
(4) Each administrator and licensee of a center or type A
home shall sign a statement on a form prescribed by the director
of
job and family services attesting that the
administrator or
licensee has not been convicted of or
pleaded guilty to any
offense set forth in division (A)(1)(a) or (b) of
this section and that no
child has been removed from the
administrator's or licensee's home
pursuant to section 2151.353 of the Revised Code. The statement
shall be kept on file at the center or type A home.
(B) No in-home aide, no administrator, licensee,
authorized
provider, or employee of a center, type A home, or
certified type
B home, and no person eighteen years of age or
older
residing in a
type A home or certified type B home shall withhold
information
from, or falsify information on, any statement
required pursuant
to division (A)(2), (3), or (4) of this
section.
(C) No administrator, licensee, or child-care staff member
shall discriminate in the enrollment of children in a child
day-care center upon the basis of race, color, religion, sex, or
national origin.
(D) The director of job and family services shall adopt rules pursuant to Chapter 119. of the Revised Code to implement this section, including rules specifying exceptions to the prohibition in division (A)(1) of this section for persons who have been convicted of an offense listed in that division but meet rehabilitation standards set by the department.
Sec. 5104.30. (A) The department of job and family services is
hereby designated as the state agency responsible for
administration and coordination of federal and state funding for
publicly funded child care in this state. Publicly funded
child care shall be provided to the following:
(1) Recipients of transitional child care as provided under section
5104.34 of the Revised Code;
(2) Participants in the Ohio
works first program established under Chapter 5107. of the Revised Code;
(3) Individuals who would be participating in the Ohio works
first program if not for a sanction under section 5107.16 of the Revised Code
and who continue to participate in a work activity, developmental activity, or
alternative work activity pursuant to an assignment under section 5107.42 of
the Revised Code;
(4) A family receiving publicly funded child care on
October 1, 1997, until the family's income
reaches one hundred fifty per cent of the federal poverty line;
(5) Subject to available funds, other individuals
determined eligible in
accordance with rules adopted under section 5104.38 of the Revised Code.
The department
shall apply to the United States department of health and human
services for authority to operate a coordinated program for
publicly funded child care, if the director of job and family services
determines that the application is necessary. For purposes of
this section, the department of job and family services may enter into
agreements with other state agencies that are involved in
regulation or funding of child care. The department shall
consider the special needs of migrant workers when it administers
and coordinates publicly funded child care and shall develop
appropriate procedures for accommodating the needs of migrant
workers for publicly funded child care.
(B) The department of job and family services shall distribute
state and federal funds for publicly funded child care,
including appropriations of state funds for publicly funded child
care and appropriations of federal funds available under the child care block grant act, Title IV-A, and Title XX. The
department may use any state funds appropriated for publicly
funded child care as the state share required to match any
federal funds appropriated for publicly funded child care.
(C) In the use of federal funds available under
the child care block grant act, all of the following apply:
(1) The department may use the federal funds to hire staff to prepare any rules
required under this chapter and to administer and coordinate
federal and state funding for publicly funded child care.
(2) Not more than five per cent of the
aggregate amount of the federal funds received for a fiscal year may be
expended for administrative costs.
(3) The department shall allocate and use at
least four per cent of the federal funds for the following:
(a) Activities designed to provide comprehensive consumer education to
parents and the public;
(b) Activities that increase parental choice;
(c) Activities, including child care resource and referral services,
designed to improve the quality, and increase the supply, of child care.
(4) The department shall ensure that the federal funds will be used
only to supplement, and will not be used to supplant, federal,
state, and local funds available on the effective date of the child care block grant
act for publicly funded child care and related programs. A
county department of job and family services may purchase child care
from funds obtained through any other means.
(D) The department shall encourage the development of
suitable child care throughout the state, especially in areas
with high concentrations of recipients of public assistance and
families with low incomes. The department shall
encourage the development of suitable child care designed to
accommodate the special needs of migrant workers. On request,
the department, through its employees or contracts with state or
community child care resource and referral service
organizations, shall provide consultation to groups and
individuals interested in developing child care. The
department of job and family services may enter into interagency
agreements with the department of education, the board of
regents, the department of development, and other state agencies
and entities whenever the cooperative efforts of the other state
agencies and entities are necessary for the department of job and family
services to fulfill its duties and responsibilities under this
chapter.
The department shall develop and maintain a registry of persons providing
child care. The director shall adopt rules pursuant to Chapter 119. of the Revised
Code establishing procedures and requirements for the registry's administration.
(E)(1) The director shall adopt rules in accordance with
Chapter 119. of the Revised Code establishing both of the following:
(a) Reimbursement ceilings for providers of publicly funded child care;
(b) A procedure for reimbursing and paying providers of
publicly funded child care.
(2) In establishing reimbursement
ceilings under division (E)(1)(a) of this section, the director shall do all of the following:
(a) Use the information obtained
under division (B)(3) of section 5104.04 of the Revised Code;
(b) Establish an enhanced reimbursement ceiling for providers who provide
child care for caretaker parents who work nontraditional hours;
(c) For a type B family day-care home provider that has received
limited certification pursuant to rules adopted under
division (G)(1) of section 5104.011 of the Revised Code, establish a reimbursement ceiling that
is the following:
(i) If the provider is a person described in division (G)(1)(a)(i) of section 5104.011 of the Revised Code, seventy-five per cent of the
reimbursement ceiling that applies to a type B family
day-care home certified by the same county department
of job and family services pursuant to section 5104.11 of the Revised Code;
(ii) If the provider is a person described in division (G)(1)(b)(a)(ii) of section 5104.011 of the Revised Code, sixty per cent of the reimbursement ceiling that applies to a type B family day-care home certified by the same county department pursuant to section 5104.11 of the Revised Code.
(3) In establishing reimbursement ceilings under division (E)(1)(a) of this section, the director may establish different reimbursement ceilings based on any of the following:
(a) Geographic location of the provider;
(b) Type of care provided;
(c) Age of the child served;
(d) Special needs of the child served;
(e) Whether the expanded hours of service are provided;
(f) Whether weekend service is provided;
(g) Whether the provider has exceeded the minimum requirements of state statutes and rules governing child care;
(h) Any other factors the director considers appropriate.
Section 2. That existing sections 109.57, 109.572, 109.60, 109.99, 2151.413, 2151.414, 2151.417, 2151.419, 2151.421, 2151.424, 2151.55, 2151.551, 2151.553, 2151.554, 2151.86, 3107.033, 3107.034, 3107.14, 5101.13, 5101.132, 5101.134, 5103.03, 5103.0319, 5103.0326, 5103.16, 5103.18, 5104.011, 5104.012, 5104.013, 5104.09, and 5104.30 and section 2151.552 of the Revised Code are hereby repealed.
Section 3. (A) In addition to the actions authorized by section 5101.24 of the Revised Code, not later than thirty days after the effective date of this act, the Director of Job and Family Services shall convene a work group to study and make recommendations to the Director regarding both of the following:
(1) Support for positive child and family outcomes offered to public children services agencies, private child placing agencies, and private noncustodial agencies by the Department of Job and Family Services;
(2) The establishment of fines and sanctions for public children services agencies, private child placing agencies, and private noncustodial agencies that do not comply with foster care related laws or rules.
(B) The work group shall include representatives of public children services agencies, private child placing agencies, private noncustodial agencies, the Ohio Family Care Association, the Ohio Association of Child Caring Agencies, the Public Children Services Association of Ohio, the Ohio Job and Family Services Directors' Association, the County Commissioners' Association of Ohio, foster caregivers, and current and former foster children.
(C) The work group shall prepare a report that contains recommendations regarding Department support for local agencies and the establishment of fines and sanctions either in law, rule, or both. The work group shall submit the report not later than June 30, 2008, to the Director. The Director shall review the recommendations and create an executive summary of the recommendations and submit the summary to the Governor, the Speaker of the House of Representatives, and the President of the Senate. The work group shall cease to exist upon submission of the executive summary.
Section 4. Until the Uniform Statewide Automated Child Welfare Information System established under section 5101.13 of the Revised Code is implemented statewide by all public children services agencies as described in section 5153.02 of the Revised Code, agencies or persons required to include a summary report pursuant to section 3107.033 or 5103.18 of the Revised Code shall request a check of the Ohio Central Registry of Abuse and Neglect from the Department of Job and Family Services regarding any prospective foster parent and any person eighteen years of age or older who resides with the prospective foster parent or regarding any prospective adoptive parent and any person eighteen years of age or older who resides with the prospective adoptive parent, whichever is applicable, to enable the agency or person to check any child abuse and neglect registry maintained by any state in which the prospective foster parent, the prospective adoptive parent, or the person eighteen years of age or older who resided with the prospective foster parent or prospective adoptive parent has resided in the preceding five years. After the Uniform Statewide Automated Child Welfare Information System established under section 5101.13 of the Revised Code is implemented statewide by all public children services agencies as described in section 5153.02 of the Revised Code, all private agencies, as defined in section 5103.02 of the Revised Code, shall request a check of that System by the Department of Job and Family Services until the private agency can access the System and conduct its own search.
Section 5. Section 109.572 of the Revised Code is presented in
this act as a composite of the section as amended by both Am. Sub. S.B. 185 and Am. Sub. S.B. 238 of
the 126th General Assembly. Section 2151.86 of the Revised Code is presented in
this act as a composite of the section as amended by both Am. Sub. H.B. 106 and Am. Sub. H.B. 117 of
the 125th 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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