To enact sections 5103.24, 5103.241, 5103.25, and 5103.26 of the Revised Code to prohibit a public children services agency, private child placing agency, private noncustodial agency, or juvenile court from placing an abused, neglected, or dependent child in an out-of-state residential facility that does not comply with Ohio policies regarding client rights, use of restraints and isolation or seclusion, agency reporting requirements, and behavior intervention and discipline policies.

Section 1. That sections 5103.24, 5103.241, 5103.25, and 5103.26 of the Revised Code be enacted to read as follows:

Sec. 5103.24.  As used in this section and sections 5103.241, 5103.25, and 5103.26 of the Revised Code, "residential facility" has the same meaning as in section 5103.20 of the Revised Code.

No public children services agency, private child placing agency, private noncustodial agency, or juvenile court shall place an abused, neglected, or dependent child in a residential facility located in another state unless the residential facility complies with all of the core standards established pursuant to section 5103.26 of the Revised Code that apply to a facility of that type.

Sec. 5103.241.  (A) Not later than one year after the effective date of this section, and each year thereafter, the department of job and family services shall prepare a report that includes all of the following information:

(1) The number of abused, neglected, or dependent children who have been placed in residential facilities located in other states;

(2) The names of the agencies or courts that placed those children;

(3) The names of the residential facilities in which those children were placed.

(B) The report shall not contain any information that identifies the children.

(C) The department shall submit a copy of each report to the governor and, in accordance with section 101.68 of the Revised Code, the general assembly. Copies of the report shall be made available to the public on request.

Sec. 5103.25.  A contract between a public children services agency, private child placing agency, private noncustodial agency, or juvenile court and a residential facility located in another state regarding the placement of an abused, neglected, or dependent child shall include all of the following:

(A) The core standards established pursuant to section 5103.26 of the Revised Code governing client rights, use of restraints and isolation or seclusion, agency reporting requirements, and behavior intervention and discipline policies;

(B) A requirement that the residential facility annually report to the agency or court how it demonstrates compliance with the core standards;

(C) A requirement that the residential facility notify the agency or court when its licensure or certification status changes or when it is the subject of a substantiated finding or penalty.

Sec. 5103.26.  (A) As used in this section:

(1) "Prone restraint" means all items or measures, including physical or mechanical restraints, used to limit or control the movement or normal functioning of any portion, or all, of a person's body while the person is in a facedown position for an extended period of time.

(2) "Transitional hold" means brief physical positioning of a person facedown for the purpose of quickly and effectively gaining physical control of that person in order to prevent harm to the person or others, or prior to transport to enable the person to be transported safely.

(B) The department of job and family services shall, not later than ninety days after the effective date of this section, adopt rules in accordance with Chapter 119. of the Revised Code that establish core standards for client rights, use of restraints and isolation or seclusion, agency reporting requirements, and behavior intervention and discipline policies that apply to the placement of an abused, neglected, or dependent child in a residential facility located in another state. The rules shall include core standards that do all of the following:

(1) Incorporate rules adopted by the department of job and family services pursuant to sections 5103.03 and 5103.0316 of the Revised Code, the department of alcohol and drug addiction services pursuant to sections 3793.02 and 3793.06 of the Revised Code, the department of developmental disabilities pursuant to sections 5123.19 and 5126.08 of the Revised Code, and the department of mental health pursuant to sections 5119.01, 5119.22, and 5119.61 of the Revised Code that relate to client rights, use of restraints and isolation or seclusion, agency reporting requirements, and behavior intervention and discipline policies;

(2) Prohibit the use of the prone restraint;

(3) Permit the use of the transitional hold only when all of the following conditions are met:

(a) The transitional hold is applied by staff with current training on the safe use of this procedure, including how to recognize and respond to signs of distress in the child;

(b) The transitional hold is applied in a manner that does not compromise breathing, including the compromise that occurs with the use of any of the following:

(i) Pressure or weight bearing on the back;

(ii) Soft devices such as pillows under a child's face or upper body;

(iii) The placement of a child's or staff's arms under the child's head, face, or upper body.

(c) The transitional hold is applied only for the amount of time reasonably necessary to bring the child or situation under control and ensure the safety of those involved;

(d) The transitional hold is applied with consistent and frequent monitoring during and after its use to ensure that the child is safe and suffers no harm.

(4) Prohibit other types of physical restraint unless there is a risk of escape or harm to the child or others;

(5) Prohibit the use of hand cuffs, ankle cuffs, or similar devices on children;

(6) Prohibit the use of physical or chemical restraint, medication, or isolation for any of the following purposes:

(a) As punishment;

(b) For staff convenience;

(c) As a substitute for treatment.

(7) Prohibit the use of physical or chemical restraint, medication, or isolation that is excessive or in a quantity that precludes habilitation and treatment.

Section 2. Section 5103.25 of the Revised Code, as enacted by this act, applies in the following manner to contracts regarding the placement of abused, neglected, or dependent children in residential facilities located in other states:

(A) The provisions of that section apply to all new contracts entered into on or after the date that is one hundred twenty days after the effective date of this act.

(B) In the case of an existing contract that was entered into before the effective date of this act or is entered into during the period beginning on the effective date of this act and ending on the one hundred nineteenth day after the effective date of this act, the provisions of that section apply to the contract on the earlier of the following:

(1) The date when the contract is renewed;

(2) The date that is four hundred fifty days after the effective date of this act.