Read the full stored bill text
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
BILL
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.
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. 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
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 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:
(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 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 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.
(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;
(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, 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 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 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 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 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.
(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 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.
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
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;
(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
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 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
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;
(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 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 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 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.