As Introduced
136th General Assembly
Regular Session H. B. No. 245
2025-2026
Representatives Somani, Grim
Cosponsors: Representatives Piccolantonio, Upchurch, Brennan, Cockley,
Brownlee, Russo, McNally
A B I L L
To amend sections 3125.18, 5101.35, 5101.80,
5101.801, 5101.804, 5101.805, and 5153.16 and to
amend, for the purpose of adopting a new section
number as indicated in parentheses, section
5101.804 (5101.91) of the Revised Code regarding
services provided through the Ohio parenting and
pregnancy program.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3125.18, 5101.35, 5101.80,
5101.801, 5101.804, 5101.805, and 5153.16 be amended and section
5101.804 (5101.91) of the Revised Code be amended for the
purpose of adopting a new section number as indicated in
parentheses to read as follows:
Sec. 3125.18. A child support enforcement agency shall
administer a Title IV-A program identified under division (A)(4)
(c) or (h) (g) of section 5101.80 of the Revised Code that the
department of job and family services provides for the agency to
administer under the department's supervision pursuant to
section 5101.801 of the Revised Code.
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Sec. 5101.35. (A) As used in this section:
(1)(a) "Agency" means the following entities that
administer a family services program:
(i) The department of job and family services;
(ii) The department of children and youth;
(iii) A county department of job and family services;
(iv) A public children services agency;
(v) A private or government entity administering, in whole
or in part, a family services program for or on behalf of the
department of job and family services, the department of
children and youth, or a county department of job and family
services or public children services agency.
(b) If the department of medicaid contracts with the
department of job and family services to hear appeals authorized
by section 5160.31 of the Revised Code regarding medical
assistance programs, "agency" includes the department of
medicaid.
(2) "Appellant" means an applicant, participant, former
participant, recipient, or former recipient of a family services
program who is entitled by federal or state law to a hearing
regarding a decision or order of the agency that administers the
program.
(3)(a) "Family services program" means all of the
following:
(i) A Title IV-A program as defined in section 5101.80 of
the Revised Code;
(ii) Programs that provide assistance under Chapter 5104.
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of the Revised Code;
(iii) Programs that provide assistance under section
5101.141, 5101.461, 5101.54, 5119.41, 5153.163, or 5153.165 of
the Revised Code;
(iv) Title XX social services provided under section
5101.46 of the Revised Code, other than such services provided
by the department of mental health and addiction services, the
department of developmental disabilities, a board of alcohol,
drug addiction, and mental health services, or a county board of
developmental disabilities.
(b) If the department of medicaid contracts with the
department of job and family services to hear appeals authorized
by section 5160.31 of the Revised Code regarding medical
assistance programs, "family services program" includes medical
assistance programs.
(4) "Medical assistance program" has the same meaning as
in section 5160.01 of the Revised Code.
(B) Except as provided by divisions (G) and (H) of this
section, an appellant who appeals under federal or state law a
decision or order of an agency administering a family services
program shall, at the appellant's request, be granted a state
hearing by the department of job and family services or the
department of children and youth, as appropriate. This state
hearing shall be conducted in accordance with rules adopted
under this section. The state hearing shall be recorded, but
neither the recording nor a transcript of the recording shall be
part of the official record of the proceeding. Except as
provided in section 5160.31 of the Revised Code, a state hearing
decision is binding upon the agency and department, unless it is
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reversed or modified on appeal to the director of job and family
services, director of children and youth, or a court of common
pleas.
(C) Except as provided by division (G) of this section, an
appellant who disagrees with a state hearing decision may make
an administrative appeal to the director of job and family
services or director of children and youth in accordance with
rules adopted under this section. This administrative appeal
does not require a hearing, but the director or the director's
designee shall review the state hearing decision and previous
administrative action and may affirm, modify, remand, or reverse
the state hearing decision. An administrative appeal decision is
the final decision of the department and, except as provided in
section 5160.31 of the Revised Code, is binding upon the
department and agency, unless it is reversed or modified on
appeal to the court of common pleas.
(D) An agency shall comply with a decision issued pursuant
to division (B) or (C) of this section within the time limits
established by rules adopted under this section. If a county
department of job and family services or a public children
services agency fails to comply within these time limits, the
department may take action pursuant to section 5101.24 of the
Revised Code. If another agency, other than the department of
medicaid, fails to comply within the time limits, the department
may force compliance by withholding funds due the agency or
imposing another sanction established by rules adopted under
this section.
(E) An appellant who disagrees with an administrative
appeal decision of the director of job and family services, the
director of children and youth, or either director's designee
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issued under division (C) of this section may appeal from the
decision to the court of common pleas pursuant to section 119.12
of the Revised Code. The appeal shall be governed by section
119.12 of the Revised Code except that:
(1) The person may apply to the court for designation as
an indigent and, if the court grants this application, the
appellant shall not be required to furnish the costs of the
appeal.
(2) The appellant shall mail the notice of appeal to the
department of job and family services or director of children
and youth, as appropriate, and file notice of appeal with the
court within thirty days after the department mails the
administrative appeal decision to the appellant. For good cause
shown, the court may extend the time for mailing and filing
notice of appeal, but such time shall not exceed six months from
the date the department mails the administrative appeal
decision. Filing notice of appeal with the court shall be the
only act necessary to vest jurisdiction in the court.
(3) The department shall be required to file a transcript
of the testimony of the state hearing with the court only if the
court orders the department to file the transcript. The court
shall make such an order only if it finds that the department
and the appellant are unable to stipulate to the facts of the
case and that the transcript is essential to a determination of
the appeal. The department shall file the transcript not later
than thirty days after the day such an order is issued.
(F) The department of job and family service and
department of children and youth, as applicable, shall adopt
rules in accordance with Chapter 119. of the Revised Code to
implement this section, including rules governing the following:
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(1) State hearings under division (B) of this section. The
rules shall include provisions regarding notice of eligibility
termination and the opportunity of an appellant appealing a
decision or order of a county department of job and family
services to request a county conference with the county
department before the state hearing is held.
(2) Administrative appeals under division (C) of this
section;
(3) Time limits for complying with a decision issued under
division (B) or (C) of this section;
(4) Sanctions that may be applied against an agency under
division (D) of this section.
(G) The department of job and family services and the
department of children and youth, as applicable, may adopt rules
in accordance with Chapter 119. of the Revised Code establishing
an appeals process for an appellant who appeals a decision or
order regarding a Title IV-A program identified under division
(A)(4)(c), (d), (e), (f), or (g), or (h) of section 5101.80 of
the Revised Code that is different from the appeals process
established by this section. The different appeals process may
include having a state agency that administers the Title IV-A
program pursuant to an interagency agreement entered into under
section 5101.801 of the Revised Code administer the appeals
process.
(H) If an appellant receiving medicaid through a health
insuring corporation that holds a certificate of authority under
Chapter 1751. of the Revised Code is appealing a denial of
medicaid services based on lack of medical necessity or other
clinical issues regarding coverage by the health insuring
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corporation, the person hearing the appeal may order an
independent medical review if that person determines that a
review is necessary. The review shall be performed by a health
care professional with appropriate clinical expertise in
treating the recipient's condition or disease. The department
shall pay the costs associated with the review.
A review ordered under this division shall be part of the
record of the hearing and shall be given appropriate evidentiary
consideration by the person hearing the appeal.
(I) The requirements of Chapter 119. of the Revised Code
apply to a state hearing or administrative appeal under this
section only to the extent, if any, specifically provided by
rules adopted under this section.
Sec. 5101.80. (A) As used in this section and in section
5101.801 of the Revised Code:
(1) "County family services agency" has the same meaning
as in section 307.981 of the Revised Code.
(2) "State agency" has the same meaning as in section 9.82
of the Revised Code.
(3) "Title IV-A administrative agency" means both of the
following:
(a) A county family services agency or state agency
administering a Title IV-A program under the supervision of the
department of job and family services or the department of
children and youth;
(b) A government agency or private, not-for-profit entity
administering a project funded in whole or in part with funds
provided under the Title IV-A demonstration program created
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under section 5101.803 of the Revised Code.
(4) "Title IV-A program" means all of the following that
are funded in part with funds provided under the temporary
assistance for needy families block grant established by Title
IV-A of the "Social Security Act," 110 Stat. 2113 (1996), 42
U.S.C. 601, as amended:
(a) The Ohio works first program established under Chapter
5107. of the Revised Code;
(b) The prevention, retention, and contingency program
established under Chapter 5108. of the Revised Code;
(c) A program established by the general assembly or an
executive order issued by the governor that is administered or
supervised by the department of job and family services or
department of children and youth pursuant to section 5101.801 of
the Revised Code;
(d) The kinship permanency incentive program created under
section 5101.802 of the Revised Code;
(e) The Title IV-A demonstration program created under
section 5101.803 of the Revised Code;
(f) The Ohio parenting and pregnancy program created under
section 5101.804 of the Revised Code;
(g) Fatherhood programs recommended by the Ohio commission
on fatherhood under section 5101.805 of the Revised Code;
(h)(g) A component of a Title IV-A program identified
under divisions (A)(4)(a) to (g)(f) of this section that the
Title IV-A state plan prepared under division (C)(1) of this
section identifies as a component.
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(B) The department of job and family services shall act as
the single state agency to administer and supervise the
administration of Title IV-A programs. The Title IV-A state plan
and amendments to the plan prepared under division (C) of this
section are binding on Title IV-A administrative agencies. No
Title IV-A administrative agency may establish, by rule or
otherwise, a policy governing a Title IV-A program that is
inconsistent with a Title IV-A program policy established, in
rule or otherwise, by the director of job and family services.
(C) The department of job and family services shall do all
of the following:
(1) Prepare and submit to the United States secretary of
health and human services a Title IV-A state plan for Title IV-A
programs;
(2) Prepare and submit to the United States secretary of
health and human services amendments to the Title IV-A state
plan that the department determines necessary, including
amendments necessary to implement Title IV-A programs identified
in divisions (A)(4)(c) to (h)(g) of this section;
(3) Prescribe forms for applications, certificates,
reports, records, and accounts of Title IV-A administrative
agencies, and other matters related to Title IV-A programs;
(4) Make such reports, in such form and containing such
information as the department may find necessary to assure the
correctness and verification of such reports, regarding Title
IV-A programs;
(5) Require reports and information from each Title IV-A
administrative agency as may be necessary or advisable regarding
a Title IV-A program;
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(6) Afford a fair hearing in accordance with section
5101.35 of the Revised Code to any applicant for, or participant
or former participant of, a Title IV-A program aggrieved by a
decision regarding the program;
(7) Administer and expend, pursuant to Chapters 5104.,
5107., and 5108. of the Revised Code and sections 5101.801,
5101.802, and 5101.803, and 5101.804 of the Revised Code, any
sums appropriated by the general assembly for the purpose of
those chapters and sections and all sums paid to the state by
the secretary of the treasury of the United States as authorized
by Title IV-A of the "Social Security Act," 110 Stat. 2113
(1996), 42 U.S.C. 601, as amended;
(8) Conduct investigations and audits as are necessary
regarding Title IV-A programs;
(9) Enter into reciprocal agreements with other states
relative to the provision of Ohio works first and prevention,
retention, and contingency to residents and nonresidents;
(10) Contract with a private entity to conduct an
independent on-going evaluation of the Ohio works first program
and the prevention, retention, and contingency program. The
contract must require the private entity to do all of the
following:
(a) Examine issues of process, practice, impact, and
outcomes;
(b) Study former participants of Ohio works first who have
not participated in Ohio works first for at least one year to
determine whether they are employed, the type of employment in
which they are engaged, the amount of compensation they are
receiving, whether their employer provides health insurance,
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whether and how often they have received benefits or services
under the prevention, retention, and contingency program, and
whether they are successfully self sufficient;
(c) Provide the department with reports at times the
department specifies.
(11) Not later than the last day of each January and July,
prepare a report containing information on the following:
(a) Individuals exhausting the time limits for
participation in Ohio works first set forth in section 5107.18
of the Revised Code.
(b) Individuals who have been exempted from the time
limits set forth in section 5107.18 of the Revised Code and the
reasons for the exemption.
(D) The department shall provide copies of the reports it
receives under division (C)(10) of this section and prepares
under division (C)(11) of this section to the governor, the
president and minority leader of the senate, and the speaker and
minority leader of the house of representatives. The department
shall provide copies of the reports to any private or government
entity on request.
(E) An authorized representative of the department or a
county family services agency or state agency administering a
Title IV-A program shall have access to all records and
information bearing thereon for the purposes of investigations
conducted pursuant to this section. An authorized representative
of a government entity or private, not-for-profit entity
administering a project funded in whole or in part with funds
provided under the Title IV-A demonstration program shall have
access to all records and information bearing on the project for
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the purpose of investigations conducted pursuant to this
section.
Sec. 5101.801. (A) Except as otherwise provided by the law
enacted by the general assembly or executive order issued by the
governor establishing the Title IV-A program, a Title IV-A
program identified under division (A)(4)(c), (d), (e), (f), or
(g), or (h) of section 5101.80 of the Revised Code shall provide
benefits and services that are not "assistance" as defined in 45
C.F.R. 260.31(a) and are benefits and services that 45 C.F.R.
260.31(b) excludes from the definition of assistance.
(B)(1) Except as otherwise provided by the law enacted by
the general assembly or executive order issued by the governor
establishing the Title IV-A program, the department of job and
family services or the department of children and youth, as
appropriate, shall do either of the following regarding a Title
IV-A program identified under division (A)(4)(c), (d), (e), (f),
or (g), or (h) of section 5101.80 of the Revised Code:
(a) Administer the program or supervise a county family
services agency's administration of the program;
(b) Enter into an interagency agreement with a state
agency for the state agency to administer the program under the
department's supervision.
(2) The department of job and family services and the
department of children and youth may enter into an agreement
with a government entity and, to the extent permitted by federal
law, a private, not-for-profit entity for the entity to receive
funding for a project under the Title IV-A demonstration program
created under section 5101.803 of the Revised Code.
(3) To the extent permitted by federal law, the department
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of children and youth may enter into an agreement with a
private, not-for-profit entity for the entity to receive funds
under the Ohio parenting and pregnancy program created under
section 5101.804 of the Revised Code.
(4) To the extent permitted by federal law, the department
of job and family services may enter into an agreement with a
private, not-for-profit entity for the entity to receive funds
as recommended by the Ohio commission on fatherhood under
section 5101.805 of the Revised Code.
(C) The department of job and family services and the
department of children and youth, may adopt rules governing
Title IV-A programs identified under divisions (A)(4)(c), (d),
(e), (f), and (g), and (h) of section 5101.80 of the Revised
Code. Rules governing financial and operational matters of
either department or between either department and county family
services agencies shall be adopted as internal management rules
adopted in accordance with section 111.15 of the Revised Code.
All other rules shall be adopted in accordance with Chapter 119.
of the Revised Code.
(D) If the department of job and family services or the
department of children and youth, enters into an agreement
regarding a Title IV-A program identified under division (A)(4)
(c), (e), (f), or (g), or (h) of section 5101.80 of the Revised
Code pursuant to division (B)(1)(b) or (2) of this section, the
agreement shall include at least all of the following:
(1) A requirement that the state agency or entity comply
with the requirements for the program or project, including all
of the following requirements established by federal statutes
and regulations, state statutes and rules, the United States
office of management and budget, and the Title IV-A state plan
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prepared under section 5101.80 of the Revised Code:
(a) Eligibility;
(b) Reports;
(c) Benefits and services;
(d) Use of funds;
(e) Appeals for applicants for, and recipients and former
recipients of, the benefits and services;
(f) Audits.
(2) A complete description of all of the following:
(a) The benefits and services that the program or project
is to provide;
(b) The methods of program or project administration;
(c) The appeals process under section 5101.35 of the
Revised Code for applicants for, and recipients and former
recipients of, the program or project's benefits and services;
(d) Other requirements that the department of job and
family services or the department of children and youth, as
applicable, requires be included.
(3) Procedures for the department of job and family
services or the department of children and youth, as applicable,
to approve a policy, established by rule or otherwise, that the
state agency or entity establishes for the program or project
before the policy is established;
(4) Provisions regarding how the department of job and
family services or the department of children and youth, as
applicable, is to reimburse the state agency or entity for
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allowable expenditures under the program or project that the
applicable department approves, including all of the following:
(a) Limitations on administrative costs;
(b) The department of job and family services or the
department of children and youth, as applicable, at its
discretion, doing either of the following:
(i) Withholding no more than five per cent of the funds
that the department of job and family services or the department
of children and youth, as applicable, would otherwise provide to
the state agency or entity for the program or project;
(ii) Charging the state agency or entity for the costs to
the department of job and family services or the department of
children and youth, as applicable, of performing, or contracting
for the performance of, audits and other administrative
functions associated with the program or project.
(5) If the state agency or entity arranges by contract,
grant, or other agreement for another entity to perform a
function the state agency or entity would otherwise perform
regarding the program or project, the state agency or entity's
responsibilities for both of the following:
(a) Ensuring that the other entity complies with the
agreement between the state agency or entity and the department
of job and family services or the department of children and
youth, as applicable and federal statutes and regulations and
state statutes and rules governing the use of funds for the
program or project;
(b) Auditing the other entity in accordance with
requirements established by the United States office of
management and budget.
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(6) The state agency or entity's responsibilities
regarding the prompt payment, including any interest assessed,
of any adverse audit finding, final disallowance of federal
funds, or other sanction or penalty imposed by the federal
government, auditor of state, department of job and family
services or the department of children and youth, as applicable,
a court, or other entity regarding funds for the program or
project;
(7) Provisions for the department of job and family
services or the department of children and youth, as applicable,
to terminate the agreement or withhold reimbursement from the
state agency or entity if either of the following occur:
(a) The federal government disapproves the program or
project or reduces federal funds for the program or project;
(b) The state agency or entity fails to comply with the
terms of the agreement.
(8) Provisions for both of the following:
(a) The department of job and family services or the
department of children and youth, as applicable, and state
agency or entity determining the performance outcomes expected
for the program or project;
(b) An evaluation of the program or project to determine
its success in achieving the performance outcomes determined
under division (D)(8)(a) of this section.
(E) To the extent consistent with the law enacted by the
general assembly or executive order issued by the governor
establishing the Title IV-A program and subject to the approval
of the director of budget and management, the director of job
and family services or the director of children and youth, as
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applicable, may terminate a Title IV-A program identified under
division (A)(4)(c), (d), (e), (f), or (g), or (h) of section
5101.80 of the Revised Code or reduce funding for the program if
the applicable director determines that federal or state funds
are insufficient to fund the program. If the director of budget
and management approves the termination or reduction in funding
for such a program, the director of job and family services or
the department of children and youth, as applicable, shall issue
instructions for the termination or funding reduction. If a
Title IV-A administrative agency is administering the program,
the agency is bound by the termination or funding reduction and
shall comply with the applicable director's instructions.
(F) The director of job and family services and the
director of children and youth may adopt internal management
rules in accordance with section 111.15 of the Revised Code as
necessary to implement this section. The rules are binding on
each Title IV-A administrative agency.
Sec. 5101.805. (A) Subject to division (E) of section
5101.801 of the Revised Code, the Ohio commission on fatherhood,
created under section 5101.34 of the Revised Code, may make
recommendations to the director of job and family services
concerning the funding, approval, and implementation of
fatherhood programs in this state that meet at least one of the
four purposes of the temporary assistance for needy families
block grant, as specified in 42 U.S.C. 601.
(B) The department of job and family services may provide
funding under this section to government entities and, to the
extent permitted by federal law, private, not-for-profit
entities with which the department enters into agreements under
division (B)(4)(B)(3) of section 5101.801 of the Revised Code.
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Sec. 5101.804 5101.91. (A) Subject to division (E) of
section 5101.801 of the Revised Code, there There is hereby
created the Ohio parenting and pregnancy program to provide
services for pregnant women and , parents or other relatives
caring for children twelve months five years of age or younger
that do both of the following:
(1) Promote childbirth , and individuals who may become
pregnant. Services may include those related to pregnancy and
parenting, and alternatives to including counseling on
childbirth, abortion, and adoption;
(2) Meet one or more of the four purposes of the temporary
assistance for needy families block grant as specified in 42
U.S.C. 601, pregnancy tests, family planning, and contraceptive
services, as well as preventative care services such as
cytologic screening and screening for sexually transmitted
infections.
(B) To the extent permitted by federal law, the The
department of children and youth may provide funds under the
program to entities with which the department enters into
agreements under division (B)(3) of section 5101.801 of the
Revised Code. In accordance with criteria the department
develops, the department may solicit proposals from entities
seeking to provide services under the program. The department
may enter into an agreement with an entity only if it meets all
of the following conditions:
(1) Is a private, not-for-profit entity;
(2) Is an entity whose primary purpose is to promote
childbirth, rather than abortion, through counseling and other
services, including parenting and adoption support provide
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services as described under division (A) of this section ;
(3) Provides services to pregnant women and , parents or
other relatives caring for children twelve months five years of
age or younger, including clothing, counseling, or individuals
who may become pregnant. The services offered by the entity must
include at least four of the following:
(a) Clothing, diapers and other baby supplies , food,
furniture, health care, parenting classes, postpartum
recovery,and shelter, and any other supportive services,
programs, or related outreach ;
(b) Counseling on all options available to the individual,
including, for a pregnant person, counseling or referrals
related to abortion, adoption, and parenting the baby;
(c) Postpartum recovery and parenting classes;
(d) Health care through licensed health care
professionals, including contraceptives and reproductive health
care, through referrals if necessary;
(e) Sexual education, including information on abstinence
and a full-range of contraception options;
(f) Any other supportive services, programs, or related
outreach.
(4) Does not charge pregnant women and parents or other
relatives caring for children twelve months of age or younger a
fee for any services received;
(5) Is not involved in or associated with any abortion
activities, including providing abortion counseling or referrals
to abortion clinics, performing abortion-related medical
procedures, or engaging in pro-abortion advertising;
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(6) Does not discriminate in its provision of services on
the basis of race, religion, color, age, marital status,
national origin, disability, or gender.
(C) An entity that has entered into an agreement with the
department under division (B)(3) of section 5101.801 of the
Revised Code may enter into a subcontract with another entity
under which the other entity provides all or part of the
services described in division (B)(3)(A) of this section. A
subcontract may be entered into with another entity only if that
entity meets all of the following conditions:
(1) Is is a private, not-for-profit entity ;
(2) Is physically and financially separate from any
entity, or component of an entity, that engages in abortion
activities;
(3) Is not involved in or associated with any abortion
activities, including providing abortion counseling or referrals
to abortion clinics, performing abortion-related medical
procedures, or engaging in pro-abortion advertising .
(D) An entity that receives funds under the Ohio parenting
and pregnancy program shall complete an annual report detailing
the services provided through the program, including specifying
the percentage of funds that were used for services and related
supports, health care services, and administrative costs. The
report shall be provided to the general assembly in accordance
with section 101.68 of the Revised Code and to the governor. The
report also shall be provided to the department of health and
made available to the public on the department's internet web
site.
(E) The director of children and youth shall adopt rules
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under division (C) of section 5101.801 of the Revised Code as
necessary to implement the Ohio parenting and pregnancy program.
The rules shall be adopted in accordance with Chapter 119. of
the Revised Code.
Sec. 5153.16. (A) Except as provided in section 2151.422
of the Revised Code, in accordance with rules adopted under
section 5153.166 of the Revised Code, and on behalf of children
in the county whom the public children services agency considers
to be in need of public care or protective services, the public
children services agency shall do all of the following:
(1) Make an investigation concerning any child alleged to
be an abused, neglected, or dependent child;
(2) Enter into agreements with the parent, guardian, or
other person having legal custody of any child, or with the
department of children and youth, department of mental health
and addiction services, department of developmental
disabilities, other department, any certified organization
within or outside the county, or any agency or institution
outside the state, having legal custody of any child, with
respect to the custody, care, or placement of any child, or with
respect to any matter, in the interests of the child, provided
the permanent custody of a child shall not be transferred by a
parent to the public children services agency without the
consent of the juvenile court;
(3) Enter into a contract with an agency providing
prevention services in an effort to prevent neglect or abuse, to
enhance a child's welfare, and to preserve the family unit
intact.
(4) Accept custody of children committed to the public
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children services agency by a court exercising juvenile
jurisdiction;
(5) Provide such care as the public children services
agency considers to be in the best interests of any child
adjudicated to be an abused, neglected, or dependent child the
agency finds to be in need of public care or service;
(6) Provide social services to any unmarried girl
adjudicated to be an abused, neglected, or dependent child who
is pregnant with or has been delivered of a child;
(7) Make available to the children with medical handicaps
program of the department of health at its request any
information concerning a child with a disability found to be in
need of treatment under sections 3701.021 to 3701.028 of the
Revised Code who is receiving services from the public children
services agency;
(8) Provide temporary emergency care for any child
considered by the public children services agency to be in need
of such care, without agreement or commitment;
(9) Find certified foster homes, within or outside the
county, for the care of children, including children with
disabilities from other counties attending special schools in
the county;
(10) Subject to the approval of the board of county
commissioners and the department of children and youth,
establish and operate a training school or enter into an
agreement with any municipal corporation or other political
subdivision of the county respecting the operation, acquisition,
or maintenance of any children's home, training school, or other
institution for the care of children maintained by such
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municipal corporation or political subdivision;
(11) Acquire and operate a county children's home,
establish, maintain, and operate a receiving home for the
temporary care of children, or procure certified foster homes
for this purpose;
(12) Enter into an agreement with the trustees of any
district children's home, respecting the operation of the
district children's home in cooperation with the other county
boards in the district;
(13) Cooperate with, make its services available to, and
act as the agent of persons, courts, the department of children
and youth, the department of health, and other organizations
within and outside the state, in matters relating to the welfare
of children, except that the public children services agency
shall not be required to provide supervision of or other
services related to the exercise of parenting time rights
granted pursuant to section 3109.051 or 3109.12 of the Revised
Code or companionship or visitation rights granted pursuant to
section 3109.051, 3109.11, or 3109.12 of the Revised Code unless
a juvenile court, pursuant to Chapter 2151. of the Revised Code,
or a common pleas court, pursuant to division (E)(6) of section
3113.31 of the Revised Code, requires the provision of
supervision or other services related to the exercise of the
parenting time rights or companionship or visitation rights;
(14) Make investigations at the request of any
superintendent of schools in the county or the principal of any
school concerning the application of any child adjudicated to be
an abused, neglected, or dependent child for release from
school, where such service is not provided through a school
attendance department;
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(15) Administer funds provided under Title IV-E of the
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as
amended, in accordance with rules adopted under section 5101.141
of the Revised Code;
(16) In addition to administering Title IV-E adoption
assistance funds, enter into agreements to make adoption
assistance payments under section 5153.163 of the Revised Code;
(17) Implement a system of safety and risk assessment, in
accordance with rules adopted by the director of children and
youth, to assist the public children services agency in
determining the risk of abuse or neglect to a child;
(18) Enter into a plan of cooperation with the board of
county commissioners under section 307.983 of the Revised Code
and comply with each fiscal agreement the board enters into
under section 307.98 of the Revised Code that include family
services duties of public children services agencies and
contracts the board enters into under sections 307.981 and
307.982 of the Revised Code that affect the public children
services agency;
(19) Make reasonable efforts to prevent the removal of an
alleged or adjudicated abused, neglected, or dependent child
from the child's home, eliminate the continued removal of the
child from the child's home, or make it possible for the child
to return home safely, except that reasonable efforts of that
nature are not required when a court has made a determination
under division (A)(2) of section 2151.419 of the Revised Code;
(20) Make reasonable efforts to place the child in a
timely manner in accordance with the permanency plan approved
under division (E) of section 2151.417 of the Revised Code and
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to complete whatever steps are necessary to finalize the
permanent placement of the child;
(21) Administer a Title IV-A program identified under
division (A)(4)(c) or (h)(g) of section 5101.80 of the Revised
Code that the department of children and youth provides for the
public children services agency to administer under the
department's supervision pursuant to section 5101.801 of the
Revised Code;
(22) Administer the kinship permanency incentive program
created under section 5101.802 of the Revised Code under the
supervision of the director of children and youth;
(23) Provide independent living services pursuant to
sections 2151.81 to 2151.84 of the Revised Code;
(24) File a missing child report with a local law
enforcement agency upon becoming aware that a child in the
custody of the public children services agency is or may be
missing.
(B) The public children services agency shall use the
system implemented pursuant to division (A)(17) of this section
in connection with an investigation undertaken pursuant to
division (G)(1) of section 2151.421 of the Revised Code to
assess both of the following:
(1) The ongoing safety of the child;
(2) The appropriateness of the intensity and duration of
the services provided to meet child and family needs throughout
the duration of a case.
(C) Except as provided in section 2151.422 of the Revised
Code, in accordance with rules of the director of children and
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youth, and on behalf of children in the county whom the public
children services agency considers to be in need of public care
or protective services, the public children services agency may
do the following:
(1) Provide or find, with other child serving systems,
specialized foster care for the care of children in a
specialized foster home, as defined in section 5103.02 of the
Revised Code, certified under section 5103.03 of the Revised
Code;
(2)(a) Except as limited by divisions (C)(2)(b) and (c) of
this section, contract with the following for the purpose of
assisting the agency with its duties:
(i) County departments of job and family services;
(ii) Boards of alcohol, drug addiction, and mental health
services;
(iii) County boards of developmental disabilities;
(iv) Regional councils of political subdivisions
established under Chapter 167. of the Revised Code;
(v) Private and government providers of services;
(vi) Managed care organizations and prepaid health plans.
(b) A public children services agency contract under
division (C)(2)(a) of this section regarding the agency's duties
under section 2151.421 of the Revised Code may not provide for
the entity under contract with the agency to perform any service
not authorized by the department's rules.
(c) Only a county children services board appointed under
section 5153.03 of the Revised Code that is a public children
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736 H. B. No. 245 Page 27
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services agency may contract under division (C)(2)(a) of this
section. If an entity specified in division (B) or (C) of
section 5153.02 of the Revised Code is the public children
services agency for a county, the board of county commissioners
may enter into contracts pursuant to section 307.982 of the
Revised Code regarding the agency's duties.
Section 2. That existing sections 3125.18, 5101.35,
5101.80, 5101.801, 5101.804, 5101.805, and 5153.16 of the
Revised Code are hereby repealed.
Section 3. Section 5101.35 of the Revised Code is
presented in this act as a composite of the section as amended
by both H.B. 33 and S.B. 21 of the 135th 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 composite is the resulting version of the section
in effect prior to the effective date of the section as
presented in this act.
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