Enact the Child Protection Reform Act

hb635_01_RH

As Reported by the House Children and Human Services Committee

136th
General Assembly

Regular
Session
Sub. H. B. No. 635

2025-2026

Representatives Plummer, Young

Cosponsors: Representatives White,
A., Workman, Johnson

To
amend sections 2151.412, 2151.421, 2151.423, 2151.429, 2151.467,
2151.468, 2903.01, 2903.11, 2919.22, 2929.13, 2929.14, 2941.1426,
5153.122, and 5153.16 and to enact sections 2151.4211, 2151.4235,
2151.89, and 5180.09 of the Revised Code
to
enact the Child Protection Reform Act.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 2151.412, 2151.421, 2151.423, 2151.429, 2151.467, 2151.468,
2903.01, 2903.11, 2919.22, 2929.13, 2929.14, 2941.1426, 5153.122, and
5153.16 be amended and sections 2151.4211, 2151.4235, 2151.89, and
5180.09 of the Revised Code be enacted to read as follows:

Sec.
2151.412.
(A)
Each public children services agency and private child placing agency
shall prepare and maintain a case plan for any child to whom the
agency is providing services and to whom any of the following
applies:

(1)
The agency filed a complaint pursuant to section 2151.27 of the
Revised Code alleging that the child is an abused, neglected, or
dependent child;

(2)
The agency has temporary or permanent custody of the child;

(3)
The child is living at home subject to an order for protective
supervision;

(4)
The child is in a planned permanent living arrangement.

Except
as provided by division (A)(2) of section 5103.153 of the Revised
Code, a private child placing agency providing services to a child
who is the subject of a voluntary permanent custody surrender
agreement entered into under division (B)(4) of section 5103.15 of
the Revised Code is not required to prepare and maintain a case plan
for that child.

(B)
Each public children services agency shall prepare and maintain a
case plan for any child for whom the agency is providing in-home
services pursuant to an alternative response.

(C)(1)
The director of children and youth shall adopt rules pursuant to
Chapter 119. of the Revised Code setting forth the content and format
of case plans required by division (A) of this section and
establishing procedures for developing, implementing, and changing
the case plans. The rules shall at a minimum comply with the
requirements of Title IV-E of the "Social Security Act," 42
U.S.C. 670, et seq. (1980).

(2)
The director of children and youth shall adopt rules pursuant to
Chapter 119. of the Revised Code requiring public children services
agencies and private child placing agencies to maintain case plans
for children and their families who are receiving services in their
homes from the agencies and for whom case plans are not required by
division (A) of this section. The rules for public children services
agencies shall include the requirements for case plans maintained for
children and their families who are receiving services in their homes
from public children services agencies pursuant to an alternative
response. The agencies shall maintain case plans as required by those
rules; however, the case plans shall not be subject to any other
provision of this section except as specifically required by the
rules.

(D)
Each public children services agency and private child placing agency
that is required by division (A) of this section to maintain a case
plan shall file the case plan with the court prior to the child's
adjudicatory hearing but no later than thirty days after the earlier
of the date on which the complaint in the case was filed or the child
was first placed into shelter care. If the agency does not have
sufficient information prior to the adjudicatory hearing to complete
any part of the case plan, the agency shall specify in the case plan
the additional information necessary to complete each part of the
case plan and the steps that will be taken to obtain that
information. All parts of the case plan shall be completed by the
earlier of thirty days after the adjudicatory hearing or the date of
the dispositional hearing for the child.

(E)
Any agency that is required by division (A) of this section to
prepare a case plan shall attempt to obtain an agreement among all
parties, including, but not limited to, the parents, guardian, or
custodian of the child and the guardian ad litem of the child
regarding the content of the case plan. If all parties agree to the
content of the case plan and the court approves it, the court shall
journalize it as part of its dispositional order. If the agency
cannot obtain an agreement upon the contents of the case plan or the
court does not approve it, the parties shall present evidence on the
contents of the case plan at the dispositional hearing. The court,
based upon the evidence presented at the dispositional hearing and
the best interest of the child, shall determine the contents of the
case plan and journalize it as part of the dispositional order for
the child.

(F)(1)
All parties, including the parents, guardian, or custodian of the
child, are bound by the terms of the journalized case plan. A party
that fails to comply with the terms of the journalized case plan may
be held in contempt of court.

(2)
Any party may propose a change to a substantive part of the case
plan, including, but not limited to, the child's placement and the
visitation rights of any party. A party proposing a change to the
case plan shall file the proposed change with the court and give
notice of the proposed change in writing before the end of the day
after the day of filing it to all parties and the child's guardian ad
litem. All parties and the guardian ad litem shall have seven days
from the date the notice is sent to object to and request a hearing
on the proposed change.

(a)
If it receives a timely request for a hearing, the court shall
schedule a hearing pursuant to section 2151.417 of the Revised Code
to be held no later than thirty days after the request is received by
the court. The court shall give notice of the date, time, and
location of the hearing to all parties and the guardian ad litem. The
agency may implement the proposed change after the hearing, if the
court approves it. The agency shall not implement the proposed change
unless it is approved by the court.

(b)
If it does not receive a timely request for a hearing, the court may
approve the proposed change without a hearing. If the court approves
the proposed change without a hearing, it shall journalize the case
plan with the change not later than fourteen days after the change is
filed with the court. If the court does not approve the proposed
change to the case plan, it shall schedule a hearing to be held
pursuant to section 2151.417 of the Revised Code no later than thirty
days after the expiration of the fourteen-day time period and give
notice of the date, time, and location of the hearing to all parties
and the guardian ad litem of the child. If, despite the requirements
of division (F)(2) of this section, the court neither approves and
journalizes the proposed change nor conducts a hearing, the agency
may implement the proposed change not earlier than fifteen days after
it is submitted to the court.

(3)
If an agency has reasonable cause to believe that a child is
suffering from illness or injury and is not receiving proper care and
that an appropriate change in the child's case plan is necessary to
prevent immediate or threatened physical or emotional harm, to
believe that a child is in immediate danger from the child's
surroundings and that an immediate change in the child's case plan is
necessary to prevent immediate or threatened physical or emotional
harm to the child, or to believe that a parent, guardian, custodian,
or other member of the child's household has abused or neglected the
child and that the child is in danger of immediate or threatened
physical or emotional harm from that person unless the agency makes
an appropriate change in the child's case plan, it may implement the
change without prior agreement or a court hearing and, before the end
of the next day after the change is made, give all parties, the
guardian ad litem of the child, and the court notice of the change.
Before the end of the third day after implementing the change in the
case plan, the agency shall file a statement of the change with the
court and give notice of the filing accompanied by a copy of the
statement to all parties and the guardian ad litem. All parties and
the guardian ad litem shall have ten days from the date the notice is
sent to object to and request a hearing on the change.

(a)
If it receives a timely request for a hearing, the court shall
schedule a hearing pursuant to section 2151.417 of the Revised Code
to be held no later than thirty days after the request is received by
the court. The court shall give notice of the date, time, and
location of the hearing to all parties and the guardian ad litem. The
agency shall continue to administer the case plan with the change
after the hearing, if the court approves the change. If the court
does not approve the change, the court shall make appropriate changes
to the case plan and shall journalize the case plan.

(b)
If it does not receive a timely request for a hearing, the court may
approve the change without a hearing. If the court approves the
change without a hearing, it shall journalize the case plan with the
change within fourteen days after receipt of the change. If the court
does not approve the change to the case plan, it shall schedule a
hearing under section 2151.417 of the Revised Code to be held no
later than thirty days after the expiration of the fourteen-day time
period and give notice of the date, time, and location of the hearing
to all parties and the guardian ad litem of the child.

(G)(1)
All case plans for children in temporary custody shall have the
following general goals:

(a)
Consistent with the best interest and special needs of the child, to
achieve a safe out-of-home placement in the least restrictive, most
family-like setting available and in close proximity to the home from
which the child was removed or the home in which the child will be
permanently placed;

(b)
To eliminate with all due speed the need for the out-of-home
placement so that the child can safely return home.

(2)
The director of children and youth shall adopt rules pursuant to
Chapter 119. of the Revised Code setting forth the general goals of
case plans for children subject to dispositional orders for
protective supervision, a planned permanent living arrangement, or
permanent custody.

(H)

All
case plans for children under three years of age in temporary custody
shall require child and family participation in the help me grow
program established under section 5180.21 of the Revised Code and, if
the child is eligible, participation in part C early intervention
services available pursuant to section 5180.30 of the Revised Code.

(I)

In
the agency's development of a case plan and the court's review of the
case plan, the child's health and safety shall be the paramount
concern. The agency and the court shall be guided by the following
general priorities:

(1)
A child who is residing with or can be placed with the child's
parents within a reasonable time should remain in their legal custody
even if an order of protective supervision is required for a
reasonable period of time;

(2)
If both parents of the child have abandoned the child, have
relinquished custody of the child, have become incapable of
supporting or caring for the child even with reasonable assistance,
or have a detrimental effect on the health, safety, and best interest
of the child, the child should be placed in the legal custody of a
suitable member of the child's extended family;

(3)
If a child described in division
(H)(2)
(I)(2)

of this section has no suitable member of the child's extended family
to accept legal custody, the child should be placed in the legal
custody of a suitable nonrelative who shall be made a party to the
proceedings after being given legal custody of the child;

(4)
If the child has no suitable member of the child's extended family to
accept legal custody of the child and no suitable nonrelative is
available to accept legal custody of the child and, if the child
temporarily cannot or should not be placed with the child's parents,
guardian, or custodian, the child should be placed in the temporary
custody of a public children services agency or a private child
placing agency;

(5)
If the child cannot be placed with either of the child's parents
within a reasonable period of time or should not be placed with
either, if no suitable member of the child's extended family or
suitable nonrelative is available to accept legal custody of the
child, and if the agency has a reasonable expectation of placing the
child for adoption, the child should be committed to the permanent
custody of the public children services agency or private child
placing agency;

(6)
If the child is to be placed for adoption or foster care, the
placement shall not be delayed or denied on the basis of the child's
or adoptive or foster family's race, color, or national origin.

(I)
(J)

The case plan for a child in temporary custody shall include at a
minimum the following requirements if the child is or has been the
victim of abuse or neglect or if the child witnessed the commission
in the child's household of abuse or neglect against a sibling of the
child, a parent of the child, or any other person in the child's
household:

(1)
A requirement that the child's parents, guardian, or custodian
participate in mandatory counseling;

(2)
A requirement that the child's parents, guardian, or custodian
participate in any supportive services that are required by or
provided pursuant to the child's case plan.

(J)(1)
(K)(1)

Prior to January 1, 2023, a case plan for a child in temporary
custody may include, as a supplement, a plan for locating a permanent
family placement. The supplement shall not be considered part of the
case plan for purposes of division (E) of this section.

(2)
On and after January 1, 2023, a case plan for a child in temporary
custody shall include a permanency plan for the child unless it is
documented that such a plan would not be in the best interest of the
child. The permanency plan shall describe the services the agency
shall provide to achieve permanency for the child if reasonable
efforts to return the child to the child's home, or eliminate the
continued removal from that home, are unsuccessful. Those services
shall be provided concurrently with reasonable efforts to return the
child home or eliminate the child's continued removal from home.

(3)
The director of children and youth, pursuant to Chapter 119. of the
Revised Code, shall adopt rules necessary to carry out the purposes
of division
(J)
(K)

of this section.

(K)(1)
(L)(1)

A public children services agency may request that the superintendent
of the bureau of criminal identification and investigation conduct a
criminal records check with respect to a parent, guardian, custodian,
prospective custodian, or prospective placement whose actions result
in a finding after the filing of a complaint as described in division
(A)(1) of this section that a child is an abused, neglected, or
dependent child. The public children services agency shall request
that the superintendent obtain information from the federal bureau of
investigation as part of the criminal records check.

(2)
At any time on or after the date that is ninety days after September
10, 2012, a prosecuting attorney, or an assistant prosecuting
attorney appointed under section 309.06 of the Revised Code, may
request that the superintendent of the bureau of criminal
identification and investigation conduct a criminal records check
with respect to each parent, guardian, custodian, prospective
custodian, or prospective placement whose actions resulted in a
finding after the filing of a complaint described in division (A)(1)
of this section that a child is an abused, neglected, or dependent
child. Each prosecuting attorney or assistant prosecuting attorney
who makes such a request shall request that the superintendent obtain
information from the federal bureau of investigation as part of the
criminal records check for each parent, guardian, custodian,
prospective custodian, or prospective placement who is a subject of
the request.

(3)
A public children services agency, prosecuting attorney, or assistant
prosecuting attorney that requests a criminal records check under
division
(K)(1)
(L)(1)

or (2) of this section shall do both of the following:

(a)
Provide to each parent, guardian, custodian, prospective custodian,
or prospective placement for whom a criminal records check is
requested a copy of the form prescribed pursuant to division (C)(1)
of section 109.572 of the Revised Code and a standard fingerprint
impression sheet prescribed pursuant to division (C)(2) of that
section and obtain the completed form and impression sheet from the
parent, guardian, custodian, prospective custodian, or prospective
placement;

(b)
Forward the completed form and impression sheet to the superintendent
of the bureau of criminal identification and investigation.

(4)
A parent, guardian, custodian, prospective custodian, or prospective
placement who is given a form and fingerprint impression sheet under
division
(K)(3)(a)
(L)(3)(a)

of this section and who fails to complete the form or provide
fingerprint impressions may be held in contempt of court.

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 person under twenty-one years of
age with a developmental disability or physical impairment, 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 otherwise provided in
this division or section 5120.173 of the Revised Code, the person
making the report shall make it to the public children services
agency or a peace officer in the county in which the child resides or
in which the abuse or neglect is occurring or has occurred. If the
person making the report is a peace officer, the officer shall make
it to the public children services agency 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; health care professional; practitioner of a limited branch
of medicine as specified in section 4731.15 of the Revised Code;
licensed school psychologist; independent marriage and family
therapist or marriage and family therapist; coroner; administrator or
employee of a child care center; administrator or employee of a
residential camp, child day camp, or private, nonprofit therapeutic
wilderness camp; administrator or employee of a certified child care
agency or other public or private children services agency; school
teacher; school employee; school authority; peace officer; humane
society agent; dog warden, deputy dog warden, or other person
appointed to act as an animal control officer for a municipal
corporation or township in accordance with state law, an ordinance,
or a resolution; 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; employee of an entity that provides home visiting services
under the help me grow program established by the department of
children and youth pursuant to section 5180.21 of the Revised Code;
superintendent or regional administrator employed by the department
of youth services; superintendent, board member, or employee of a
county board of developmental disabilities; investigative agent
contracted with by a county board of developmental disabilities;
employee of the department of developmental disabilities; employee of
a facility or home that provides respite care in accordance with
section 5123.171 of the Revised Code; employee of an entity that
provides homemaker services; employee of a qualified organization as
defined in section 2151.90 of the Revised Code; a host family as
defined in section 2151.90 of the Revised Code; foster caregiver; a
person performing the duties of an assessor pursuant to Chapter 3107.
or 5103. of the Revised Code; third party employed by a public
children services agency to assist in providing child or family
related services; court appointed special advocate; or guardian ad
litem.

(c)
If two or more health care professionals, after providing health care
services to a child, determine or suspect that the child has been or
is being abused or neglected, the health care professionals may
designate one of the health care professionals to report the abuse or
neglect. A single report made under this division shall meet the
reporting requirements of division (A)(1) of this section.

(2)
Except as provided in division (A)(3) of this section, an attorney,
physician, or advanced practice registered nurse is not required to
make a report pursuant to division (A)(1) of this section concerning
any communication the attorney, physician, or advanced practice
registered nurse receives from a client or patient in an
attorney-client, physician-patient, or advanced practice registered
nurse-patient relationship, if, in accordance with division (A) or
(B) of section 2317.02 of the Revised Code, the attorney, physician,
or advanced practice registered nurse could not testify with respect
to that communication in a civil or criminal proceeding.

(3)
The client or patient in an attorney-client, physician-patient, or
advanced practice registered nurse-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,
physician, or advanced practice registered nurse receives from the
client or patient in that relationship, and the attorney, physician,
or advanced practice registered nurse 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 a child
under eighteen years of age or is a person under twenty-one years of
age with a developmental disability or physical impairment.

(b)
The attorney, physician, or advanced practice registered nurse knows,
or has reasonable cause to suspect based on facts that would cause a
reasonable person in similar position to suspect 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 person under twenty-one years of
age with a developmental disability or physical impairment, 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 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 a child under
eighteen years of age or is a person under twenty-one years of age
with a developmental disability or physical impairment.

(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 person under twenty-one years of age with a developmental
disability or physical impairment 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 person under
twenty-one years of age with a developmental disability or physical
impairment, 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 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, in person, or electronically
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, including, but not limited to, results and
reports of any medical examinations, tests, or procedures performed
under division (D) of this section, 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.

(D)(1)
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
necessary for the purpose of diagnosing or treating injuries that are
suspected to have occurred as a result of child abuse or child
neglect, perform or cause to be performed radiological examinations
and any other medical examinations of, and tests or procedures on,
the child.

(2)
The results and any available reports of examinations, tests, or
procedures made under division (D)(1) of this section shall be
included in a report made pursuant to division (A) of this section.
Any additional reports of examinations, tests, or procedures that
become available shall be provided to the public children services
agency, upon request.

(3)
If a health care professional provides health care services in a
hospital, children's advocacy center, or emergency medical facility
to a child about whom a report has been made under division (A) of
this section, the health care professional may take any steps that
are reasonably necessary for the release or discharge of the child to
an appropriate environment. Before the child's release or discharge,
the health care professional may obtain information, or consider
information obtained, from other entities or individuals that have
knowledge about the child. Nothing in division (D)(3) of this section
shall be construed to alter the responsibilities of any person under
sections 2151.27 and 2151.31 of the Revised Code.

(4)
A health care professional may conduct medical examinations, tests,
or procedures on the siblings of a child about whom a report has been
made under division (A) of this section and on other children who
reside in the same home as the child, if the professional determines
that the examinations, tests, or procedures are medically necessary
to diagnose or treat the siblings or other children in order to
determine whether reports under division (A) of this section are
warranted with respect to such siblings or other children. The
results of the examinations, tests, or procedures on the siblings and
other children may be included in a report made pursuant to division
(A) of this section.

(5)
Medical examinations, tests, or procedures conducted under divisions
(D)(1) and (4) of this section and decisions regarding the release or
discharge of a child under division (D)(3) of this section do not
constitute a law enforcement investigation or activity.

(E)(1)
When a peace officer receives a report made pursuant to division (A)
or (B) of this section, upon receipt of the report, the peace officer
who receives the report shall refer the report to the appropriate
public children services agency, in accordance with requirements
specified under division (B)(6) of section 2151.4221 of the Revised
Code, unless an arrest is made at the time of the report that results
in the appropriate public children services agency being contacted
concerning the possible abuse or neglect of a child or the possible
threat of abuse or neglect of a child.

(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 all 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;

(c)
Unless an arrest is made at the time of the report that results in
the appropriate law enforcement agency being contacted concerning the
possible abuse or neglect of a child or the possible threat of abuse
or neglect of a child, and in accordance with requirements specified
under division (B)(6) of section 2151.4221 of the Revised Code,
notify the appropriate law enforcement agency of the report, if the
public children services agency received either of the following:

(i)
A report of abuse of a child;

(ii)
A report of neglect of a child that alleges a type of neglect
identified by the department of children and youth in rules adopted
under division (L)(2) of this section
;

(d)
If the child who is the subject of the report resides in a county
other than the county served by the agency that receives the report
or has a residence or legal settlement in both the county served by
the agency that receives the report and another county, the agency
that receives the report shall immediately respond to and investigate
the report and notify the agency served by the other county in which
the child resides not later than twenty-four hours after receipt of
the report.

(3)
If the child who is the subject of the report resides in a county
other than the county served by the agency that receives the report
or has a residence or legal settlement in both the county served by
the agency that receives the report and another county, the agencies
shall jointly determine which agency shall serve as the lead agency.
The agencies shall make this determination within one business day
.

(4)(a)
Not later than four calendar days after receipt of the report, all of
the following entities shall provide relevant information to a public
children services agency or peace officer concerning a report of
child abuse or neglect without a subpoena upon the request of a
public children services agency or peace officer or when disclosure
is necessary to ensure a child's safety:

(i)
Another public children services agency;

(ii)
Another peace officer or law enforcement agency;

(iii)
A health care professional or health care facility;

(iv)
Notwithstanding section 3319.321 of the Revised Code and to the
extent permissible under the federal "Family Educational Rights
and Privacy Act of 1974," 20 U.S.C. 1232g, a school district.

(b)
The disclosure of protected health information by a covered entity
pursuant to division (E)(4)(a) of this section is deemed permissible
under the HIPAA Privacy Rule and Chapter 3798. of the Revised Code,
as each of those terms are defined in section 3798.01 of the Revised
Code.

(F)
No 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 a physician
or advanced practice registered nurse, the physician or nurse,
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.

(G)(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 sections 2151.4220 to 2151.4234 of the
Revised Code. 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 (I)(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
children and youth shall maintain in accordance with section 5180.40
of the Revised Code. The public children services agency shall submit
a report of its investigation, in writing, to the law enforcement
agency.

(2)

If
the child who is the subject of a report resides in a county other
than the county served by the agency that receives the report or has
a residence or legal settlement in both the county served by the
agency that receives the report and another county, the agencies
shall jointly investigate the report until the agencies jointly
determine which agency shall serve as the lead agency in accordance
with division (E)(3) of this section.

(3)

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.

(H)(1)(a)
Except as provided in divisions (H)(1)(b) and (I)(3) of this section,
any person, health care professional, hospital, institution, school,
health department, or agency 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 any of the
following:

(i)
Participating in the making of reports pursuant to division (A) of
this section or in the making of reports in good faith, pursuant to
division (B) of this section;

(ii)
Participating in medical examinations, tests, or procedures under
division (D) of this section;

(iii)
Providing information used in a report made pursuant to division (A)
of this section or providing information in good faith used in a
report made pursuant to division (B) of this section;

(iv)
Participating in a judicial proceeding resulting from a report made
pursuant to division (A) of this section or participating in good
faith in a proceeding resulting from a report made pursuant to
division (B) of this section.

(b)
Immunity under division (H)(1)(a)(ii) of this section shall not apply
when a health care provider has deviated from the standard of care
applicable to the provider's profession.

(c)
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.

(I)(1)
Except as provided in divisions (I)(4) and (N) of this section and
sections 2151.423 and 2151.4210 of the Revised Code, 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. Nothing in this division shall preclude
the use of reports of other incidents of known or suspected abuse or
neglect in a civil action or proceeding brought pursuant to division
(M) of this section against a person who is alleged to have violated
division (A)(1) of this section, provided that any information in a
report that would identify the child who is the subject of the report
or the maker of the report, if the maker of the report is not the
defendant or an agent or employee of the defendant, has been
redacted. 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)(a)
Except as provided in division (I)(2)(b) of this section, no person
shall permit or encourage the unauthorized dissemination of the
contents of any report made under this section.

(b)
A health care professional that obtains the same information
contained in a report made under this section from a source other
than the report may disseminate the information, if its dissemination
is otherwise permitted by law.

(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 peace
officer to which the report was made or referred, on the request of
the child fatality review board, the suicide fatality review
committee, or the director of health pursuant to guidelines
established under section 3701.70 of the Revised Code, shall submit a
summary sheet of information providing a summary of the report to the
review board or review committee of the county in which the deceased
child resided at the time of death or to the director. On the request
of the review board, review committee, or director, the agency or
peace officer may, at its discretion, make the report available to
the review board, review committee, or director. 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)
Not later than five business days after the determination of a
disposition, 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. The written notice of disposition shall be
made in a form designated by the department of children and youth and
shall inform the person of the right to appeal the disposition.

(J)
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. 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. If a family is determined to
benefit from prevention services, the agency also may make efforts to
prevent neglect or abuse, to enhance a child's welfare, and to
preserve the family unit intact by referring a report for assessment
and provision of services to an agency providing prevention services,
if appropriate prevention services are available from a local
provider or other reasonable source.

(K)(1)
Except as provided in division (K)(4) or (5) of this section, a
person who is required to make a report under 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)
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.

(b)
When a 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.

(c)
If the person making the report provides the person's name and
contact information on making the report, the public children
services agency that received or was referred the report shall send a
written notice via United States mail or electronic mail, in
accordance with the person's preference, to the person not later than
seven calendar days after receipt of the report. The notice shall
provide the status of the agency's investigation into the report
made, who the person may contact at the agency for further
information, and a description of the person's rights under division
(K)(1) of this section.

(d)
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.

(5)
A health care professional who made a report under division (A) of
this section, or on whose behalf such a report was made as provided
in division (A)(1)(c) of this section, may authorize a person to
obtain the information described in division (K)(1) of this section
if the person requesting the information is associated with or acting
on behalf of the health care professional who provided health care
services to the child about whom the report was made.

(6)
If the person making the report provides the person's name and
contact information on making the report, the public children
services agency that received or was referred the report shall send a
written notice via United States mail or electronic mail, in
accordance with the person's preference, to the person not later than
seven calendar days after the agency closes the investigation into
the case reported by the person. The notice shall notify the person
that the agency has closed the investigation.

(L)(1)
The director of children and youth shall adopt rules in accordance
with Chapter 119. of the Revised Code to implement this section. The
department of children and youth 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.

(2)
The director of children and youth shall adopt rules in accordance
with Chapter 119. of the Revised Code to identify the types of
neglect of a child that a public children services agency shall be
required to notify law enforcement of pursuant to division
(E)(2)(c)(ii) of this section.

(M)
Whoever violates division (A) of this section is liable for
compensatory and exemplary damages to the child who would have been
the subject of the report that was not made. A person who brings a
civil action or proceeding pursuant to this division against a person
who is alleged to have violated division (A)(1) of this section may
use in the action or proceeding reports of other incidents of known
or suspected abuse or neglect, provided that any information in a
report that would identify the child who is the subject of the report
or the maker of the report, if the maker is not the defendant or an
agent or employee of the defendant, has been redacted.

(N)(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.

(O)
As used in this section:

(1)
"Children's advocacy center" and "sexual abuse of a
child" have the same meanings as in section 2151.425 of the
Revised Code.

(2)
"Health care professional" means an individual who provides
health-related services. "Health care professional"
includes all of the following: a physician, including a hospital
intern or resident; a dentist; a podiatrist; a registered nurse,
including such a nurse who is an advanced practice registered nurse;
a licensed practical nurse; a home care nurse; a licensed
psychologist; a speech-language pathologist; an audiologist; a person
engaged in social work or the practice of professional counseling;
and an employee of a home health agency. "Health care
professional" does not include a practitioner of a limited
branch of medicine as specified in section 4731.15 of the Revised
Code, licensed school psychologist, independent marriage and family
therapist or marriage and family therapist, or coroner.

(3)
"Investigation" means the public children services agency's
response to an accepted report of child abuse or neglect through
either an alternative response or a traditional response.

(4)
"Peace officer" means a sheriff, deputy sheriff, constable,
police officer of a township or joint police district, marshal,
deputy marshal, municipal police officer, or a state highway patrol
trooper.

Sec.
2151.423.
A
public children services agency shall disclose confidential
information discovered during an investigation conducted pursuant to
section 2151.421 or 2151.422 of the Revised Code to any federal,
state, or local government entity, including any appropriate military
authority

or
,

any prevention services provider to the family
,
or another public children services agency
,
that needs the information to carry out its responsibilities to
protect children from abuse or neglect.

Information
disclosed pursuant to this section is confidential and is not subject
to disclosure pursuant to section 149.43 or 1347.08 of the Revised
Code by the agency to whom the information was disclosed. The agency
receiving the information shall maintain the confidentiality of
information disclosed pursuant to this section.

Sec.
2151.429.
(A)
The differential response approach, as defined in section 2151.011 of
the Revised Code, pursued by a public children services agency shall
include two response pathways, the traditional response pathway and
the alternative response pathway. The director of children and youth
shall adopt rules pursuant to Chapter 119. of the Revised Code
setting forth the procedures and criteria for public children
services agencies to assign and reassign response pathways.

(B)
The agency shall use the traditional response for the following types
of accepted reports:

(1)
Physical abuse

resulting in serious injury or that creates a serious and immediate
risk to a child's health and safety
.

(2)
Sexual abuse.

(3)
Child fatality.

(4)
Reports requiring a specialized assessment as identified by rule
adopted by the department.

(5)
Reports requiring a third party investigative procedure as identified
by rule adopted by the department.

(C)
For all other child abuse and neglect reports, an alternative
response shall be the preferred response, whenever appropriate and in
accordance with rules adopted by the department.

Sec.
2151.4211.
(A)
A public children services agency that jointly investigates a report
of child abuse or neglect with another public children services
agency in accordance with division (G)(2) of section 2151.421 of the
Revised Code shall share case information with the other agency as
needed or requested, regardless of whether the agencies have
determined which agency shall serve as the lead agency under division
(E)(3) of section 2151.421 of the Revised Code.

(B)
If custody or supervision of a child transfers from a public children
services agency of one county to a public children services agency of
another county, the agency that previously had custody or supervision
of the child shall transfer all information regarding the child,
including any case plan, to the other agency and share all
information that is necessary to serve the well-being of the child.

(C)
Nothing in Chapter 2151. of the Revised Code prevents a public
children services agency from cooperating or sharing case management
duties or other responsibilities with another public children
services agency as necessary.

Sec.
2151.4235.
(A)
A law enforcement agency shall submit to the public children services
agency all alleged incidents of the offense of domestic violence when
law enforcement has reason to believe that a child resides in the
home, and the address where the alleged offense occurred that the law
enforcement agency responded to in the preceding week.

(B)
A public children services agency shall enter in the uniform
statewide automated child welfare information system established
under section 5180.40 of the Revised Code all incidents reported
under division (A) of this section.

(C)
A public children services agency that is investigating a report of
child abuse or neglect under section 2151.421 of the Revised Code or
has filed a complaint pursuant to section 2151.27 of the Revised Code
shall make an examination of the statewide automated child welfare
information system to determine if any alleged offense documented in
division (A) of this section involves the child who is the subject of
an investigation or complaint.

Sec.
2151.467.
(A)
(A)(1)

A public children services agency or private child placing agency
with custody of a child who is under the care and supervision of a
residential facility shall conduct
a
monthly in-person visit
visits

to
the residential facility to determine the well-being of the child

as follows:

(a)
One face-to-face visit with the child during the first week of
placement, not including the first day of placement;

(b)
One face-to-face visit with the child twice monthly, not within the
same week;

(c)
One visit with the child via videoconferencing or any similar form of
technology a minimum of once a week during the weeks when a
face-to-face visit is not required under division (A)(1)(b) of this
section, except the agency shall arrange a visit between the child
and a service provider involved in the child's case plan via
telephone, videoconferencing, or any similar form of technology when
a caseworker is unable to visit under this division.

(2)
A caseworker employed by the agency that has full responsibility for
case planning and case management of the child's case shall conduct
at least one of the monthly visits required under division (A)(1)(b)
of this section. Any other visits may be conducted by a caseworker
employed by another agency contracted by the agency that has full
responsibility for case planning and case management of the child's
case to provide services for the case
.

(3)

The
agency shall maintain documentation of each visit and report
each
visit as well as
concerns
about the child to the department of children and youth in accordance
with rules adopted under division
(B)
(C)

of this section.

(B)

(B)(1)
The department shall monitor whether an agency is in compliance with
division (A) of this section. With regard to each residential
facility in this state, the department shall submit on a quarterly
basis a compliance report to the county commissioners of the county
in which the residential facility is located.

(2)
If an agency is in compliance with division (A) of this section, the
county in which the agency is located shall receive access to funding
that is appropriated from the general revenue fund to incentivize
best practices. If an agency is not in compliance with division (A)
of this section, the county in which the agency is located shall not
receive access to such funding.

(C)

Not
later than ninety days after the effective date of this section, the

The

director
of children and youth shall adopt rules in accordance with Chapter
119. of the Revised Code to establish both of the following:

(1)
Criteria for determining whether an agency shall report a concern to
the department;

(2)
Criteria for determining whether an agency shall conduct a mandatory
review of the placement of the child pursuant to section 2151.468 of
the Revised Code.

Sec.
2151.468.
(A)
A public children services agency or private child placing agency
with custody of a child who is under the care and supervision of a
residential facility shall review the placement of the child if any
of the following occur:

(1)
The child presents to an emergency department or is admitted to a
hospital for an injury or mental health crisis.

(2)
A police report is generated with regard to the child.

(3)
During a
monthly

visit,
the agency has determined that a review is necessary pursuant to
rules adopted under section 2151.467 of the Revised Code.

(B)
A review of the placement of a child under division (A) of this
section shall include a determination of whether the residential
facility is an appropriate setting and is providing a satisfactory
level of care for the child.

(C)
The public children services agency or private child placing agency
shall notify the operator of the residential facility of the results
of a review under division (A) of this section and any action that
the agency plans to take with regard to the child as a result of the
review.

(D)

Not
later than ninety days after the effective date of this section, the

The

department
of children and youth shall adopt rules in accordance with Chapter
119. of the Revised Code to establish guidelines for reviewing the
placement of a child under this section, including review criteria,
circumstances that would require a change in the placement of the
child, and a timeline for conducting review and taking appropriate
action.

Sec.
2151.89.
(A)
As used in this section:

(1)
"Employee" means any person who performs a service for
wages or other remuneration for an employer.

(2)
"Employer" means any governmental entity that employs one
or more employees, including the state or any agency or
instrumentality of the state, and any municipal corporation, county,
township, school district, or any agency or instrumentality thereof.

(B)(1)
No employer shall take any disciplinary or retaliatory action against
an employee who shares information with a federal, state, or local
government entity regarding a child in accordance with state or
federal law in order to protect the child's welfare. For purposes of
this division, disciplinary or retaliatory action by the employer
includes doing any of the following:

(a)
Removing or suspending the person from employment;

(b)
Withholding from the person salary increases or employee benefits to
which the person is otherwise entitled;

(c)
Transferring or reassigning the person;

(d)
Denying the person a promotion that the person otherwise would have
received;

(e)
Reducing the person in pay or position.

(2)
If an employer takes any disciplinary or retaliatory action against a
person who shares information as described in division (B)(1) of this
section, the person may bring a civil action for appropriate
injunctive relief in a court of common pleas in accordance with the
Rules of Civil Procedure. The court, in rendering a judgment for the
person in an action brought pursuant to this division, may order, as
it determines appropriate, reinstatement of the person to the same
position that the person held at the time of the disciplinary or
retaliatory action, the payment of back wages, full reinstatement of
fringe benefits and seniority rights, or any combination of these
remedies. The court also may award the prevailing party all or a
portion of the costs of litigation. If the person who brought the
action prevails in the action, the court may award the prevailing
person reasonable attorney's fees, witness fees, and fees for experts
who testify at trial, in an amount the court determines appropriate.

Sec.
2903.01.
(A)
No person shall purposely, and with prior calculation and design,
cause the death of another or the unlawful termination of another's
pregnancy.

(B)
No person shall purposely cause the death of another or the unlawful
termination of another's pregnancy while committing or attempting to
commit, or while fleeing immediately after committing or attempting
to commit, kidnapping, rape, aggravated arson, arson, aggravated
robbery, robbery, aggravated burglary, burglary, trespass in a
habitation when a person is present or likely to be present,
terrorism, or escape.

(C)
No person shall purposely cause the death of another who is under

thirteen

eighteen

years
of age at the time of the commission of the offense.

(D)
No person who is under detention as a result of having been found
guilty of or having pleaded guilty to a felony or who breaks that
detention shall purposely cause the death of another.

(E)
No person shall purposely cause the death of a law enforcement
officer whom the offender knows or has reasonable cause to know is a
law enforcement officer when either of the following applies:

(1)
The victim, at the time of the commission of the offense, is engaged
in the victim's duties.

(2)
It is the offender's specific purpose to kill a law enforcement
officer.

(F)
No person shall purposely cause the death of a first responder or
military member whom the offender knows or has reasonable cause to
know is a first responder or military member when it is the
offender's specific purpose to kill a first responder or military
member.

(G)
Whoever violates this section is guilty of aggravated murder, and
shall be punished as provided in section 2929.02 of the Revised Code.

(H)
As used in this section:

(1)
"Detention" has the same meaning as in section 2921.01 of
the Revised Code.

(2)
"Law enforcement officer" has the same meaning as in
section 2911.01 of the Revised Code and also includes any federal law
enforcement officer as defined in section 2921.51 of the Revised Code
and anyone who has previously served as a law enforcement officer or
federal law enforcement officer.

(3)
"First responder" means an emergency medical service
provider, a firefighter, or any other emergency response personnel,
or anyone who has previously served as a first responder.

(4)
"Military member" means a member of the armed forces of the
United States, reserves, or Ohio national guard, a participant in
ROTC, JROTC, or any similar military training program, or anyone who
has previously served in the military.

Sec.
2903.11.
(A)
No person shall knowingly do either of the following:

(1)
Cause serious physical harm to another or to another's unborn;

(2)
Cause or attempt to cause physical harm to another or to another's
unborn by means of a deadly weapon or dangerous ordnance.

(B)
No person, with knowledge that the person has tested positive as a
carrier of a virus that causes acquired immunodeficiency syndrome,
shall knowingly do any of the following:

(1)
Engage in sexual conduct with another person without disclosing that
knowledge to the other person prior to engaging in the sexual
conduct;

(2)
Engage in sexual conduct with a person whom the offender knows or has
reasonable cause to believe lacks the mental capacity to appreciate
the significance of the knowledge that the offender has tested
positive as a carrier of a virus that causes acquired
immunodeficiency syndrome;

(3)
Engage in sexual conduct with a person under eighteen years of age
who is not the spouse of the offender.

(C)
The prosecution of a person under this section does not preclude
prosecution of that person under section 2907.02 of the Revised Code.

(D)(1)(a)
Whoever violates this section is guilty of felonious assault. Except
as otherwise provided in this division or division (D)(1)(b) of this
section, felonious assault is a felony of the second degree. If the
victim of a violation of division (A) of this section is a peace
officer or an investigator of the bureau of criminal identification
and investigation, felonious assault is a felony of the first degree.

(b)
Regardless of whether the felonious assault is a felony of the first
or second degree under division (D)(1)(a) of this section, if the
offender also is convicted of or pleads guilty to a specification as
described in section 2941.1423 of the Revised Code that was included
in the indictment, count in the indictment, or information charging
the offense, except as otherwise provided in this division or unless
a longer prison term is required under any other provision of law,
the court shall sentence the offender to a mandatory prison term as
provided in division (B)(8) of section 2929.14 of the Revised Code.
If the victim of the offense is a peace officer or an investigator of
the bureau of criminal identification and investigation, and if the
victim suffered serious physical harm as a result of the commission
of the offense, felonious assault is a felony of the first degree,
and the court, pursuant to division (F) of section 2929.13 of the
Revised Code, shall impose as a mandatory prison term one of the
definite prison terms prescribed for a felony of the first degree in
division (A)(1)(b) of section 2929.14 of the Revised Code, except
that if the violation is committed on or after

the effective date of this amendment

March 22, 2019
,
the court shall impose as the minimum prison term for the offense a
mandatory prison term that is one of the minimum terms prescribed for
a felony of the first degree in division (A)(1)(a) of section 2929.14
of the Revised Code.

(2)
In addition to any other sanctions imposed pursuant to division
(D)(1) of this section for felonious assault committed in violation
of division (A)(1) or (2) of this section, if the offender also is
convicted of or pleads guilty to a specification of the type
described in section 2941.1425 of the Revised Code that was included
in the indictment, count in the indictment, or information charging
the offense, the court shall sentence the offender to a mandatory
prison term under division (B)(9) of section 2929.14 of the Revised
Code.

(3)
If the victim of a felonious assault committed in violation of
division (A) of this section is a child under
ten

eighteen

years
of age
or
is a person over sixty-five years of age,
and
if the offender also is convicted of or pleads guilty to a
specification of the type described in section 2941.1426 of the
Revised Code that was included in the indictment, count in the
indictment, or information charging the offense, in addition to any
other sanctions imposed pursuant to division (D)(1) of this section,
the court shall sentence the offender to a mandatory prison term
pursuant to division (B)(10) of section 2929.14 of the Revised Code.

(4)
In addition to any other sanctions imposed pursuant to division
(D)(1) of this section for felonious assault committed in violation
of division (A)(2) of this section, if the deadly weapon used in the
commission of the violation is a motor vehicle, the court shall
impose upon the offender a class two suspension of the offender's
driver's license, commercial driver's license, temporary instruction
permit, probationary license, or nonresident operating privilege as
specified in division (A)(2) of section 4510.02 of the Revised Code.

(E)
As used in this section:

(1)
"Deadly weapon" and "dangerous ordnance" have the
same meanings as in section 2923.11 of the Revised Code.

(2)
"Motor vehicle" has the same meaning as in section 4501.01
of the Revised Code.

(3)
"Peace officer" has the same meaning as in section 2935.01
of the Revised Code.

(4)
"Sexual conduct" has the same meaning as in section 2907.01
of the Revised Code, except that, as used in this section, it does
not include the insertion of an instrument, apparatus, or other
object that is not a part of the body into the vaginal or anal
opening of another, unless the offender knew at the time of the
insertion that the instrument, apparatus, or other object carried the
offender's bodily fluid.

(5)
"Investigator of the bureau of criminal identification and
investigation" means an investigator of the bureau of criminal
identification and investigation who is commissioned by the
superintendent of the bureau as a special agent for the purpose of
assisting law enforcement officers or providing emergency assistance
to peace officers pursuant to authority granted under section 109.541
of the Revised Code.

(6)
"Investigator" has the same meaning as in section 109.541
of the Revised Code.

(F)
The provisions of division (D)(2) of this section and of division
(F)(20) of section 2929.13, divisions (B)(9) and (C)(6) of section
2929.14, and section 2941.1425 of the Revised Code shall be known as
"Judy's Law."

Sec.
2919.22.
(A)
(1)

No person, who is the parent, guardian, custodian, person having
custody or control, or person in loco parentis of a child under
eighteen years of age or a child with a mental or physical disability
under twenty-one years of age, shall create a substantial risk to the
health or safety of the child, by violating a duty of care,
protection, or support. It is not a violation of a duty of care,
protection, or support under this division when the parent, guardian,
custodian, or person having custody or control of a child treats the
physical or mental illness or disability of the child by spiritual
means through prayer alone, in accordance with the tenets of a
recognized religious body.

(2)
No person who has been granted temporary care or supervision of a
child by the child's parent, guardian, or custodian shall, without
the express consent of the child's parent, guardian, or custodian,
negligently leave the child in the care, custody, or control of
another individual who has previously been convicted of or pleaded
guilty to a violation of this section.

(B)
No person shall do any of the following to a child under eighteen
years of age or a child with a mental or physical disability under
twenty-one years of age:

(1)
Abuse the child;

(2)
Torture or cruelly abuse the child;

(3)
Administer corporal punishment or other physical disciplinary
measure, or physically restrain the child in a cruel manner or for a
prolonged period, which punishment, discipline, or restraint is
excessive under the circumstances and creates a substantial risk of
serious physical harm to the child;

(4)
Repeatedly administer unwarranted disciplinary measures to the child,
when there is a substantial risk that such conduct, if continued,
will seriously impair or retard the child's mental health or
development;

(5)
Entice, coerce, permit, encourage, compel, hire, employ, use, or
allow the child to act, model, or in any other way participate in, or
be photographed for, the production, presentation, dissemination, or
advertisement of any material or performance that the offender knows
or reasonably should know is obscene, is sexually oriented matter, or
is nudity-oriented matter;

(6)
Allow the child to be on the same parcel of real property and within
one hundred feet of, or, in the case of more than one housing unit on
the same parcel of real property, in the same housing unit and within
one hundred feet of, any act in violation of section 2925.04 or
2925.041 of the Revised Code when the person knows that the act is
occurring, whether or not any person is prosecuted for or convicted
of the violation of section 2925.04 or 2925.041 of the Revised Code
that is the basis of the violation of this division.

(C)(1)
No person shall operate a vehicle, streetcar, or trackless trolley
within this state in violation of division (A) of section 4511.19 of
the Revised Code when one or more children under eighteen years of
age are in the vehicle, streetcar, or trackless trolley.
Notwithstanding any other provision of law, a person may be convicted
at the same trial or proceeding of a violation of this division and a
violation of division (A) of section 4511.19 of the Revised Code that
constitutes the basis of the charge of the violation of this
division. For purposes of sections 4511.191 to 4511.197 of the
Revised Code and all related provisions of law, a person arrested for
a violation of this division shall be considered to be under arrest
for operating a vehicle while under the influence of alcohol, a drug
of abuse, or a combination of them or for operating a vehicle with a
prohibited concentration of alcohol, a controlled substance, or a
metabolite of a controlled substance in the whole blood, blood serum
or plasma, breath, or urine.

(2)
As used in division (C)(1) of this section:

(a)
"Controlled substance" has the same meaning as in section
3719.01 of the Revised Code.

(b)
"Vehicle," "streetcar," and "trackless
trolley" have the same meanings as in section 4511.01 of the
Revised Code.

(D)(1)
Division (B)(5) of this section does not apply to any material or
performance that is produced, presented, or disseminated for a bona
fide medical, scientific, educational, religious, governmental,
judicial, or other proper purpose, by or to a physician,
psychologist, sociologist, scientist, teacher, person pursuing bona
fide studies or research, librarian, member of the clergy,
prosecutor, judge, or other person having a proper interest in the
material or performance.

(2)
Mistake of age is not a defense to a charge under division (B)(5) of
this section.

(3)
In a prosecution under division (B)(5) of this section, the trier of
fact may infer that an actor, model, or participant in the material
or performance involved is a juvenile if the material or performance,
through its title, text, visual representation, or otherwise,
represents or depicts the actor, model, or participant as a juvenile.

(4)
As used in this division and division (B)(5) of this section:

(a)
"Material," "performance," "obscene,"
and "sexual activity" have the same meanings as in section
2907.01 of the Revised Code.

(b)
"Nudity-oriented matter" means any material or performance
that shows a minor in a state of nudity and that, taken as a whole by
the average person applying contemporary community standards, appeals
to prurient interest.

(c)
"Sexually oriented matter" means any material or
performance that shows a minor participating or engaging in sexual
activity, masturbation, or bestiality.

(E)(1)
Whoever violates this section is guilty of endangering children.

(2)
If the offender violates division
(A)
(A)(1)

or (B)(1) of this section, endangering children is one of the
following, and, in the circumstances described in division (E)(2)(e)
of this section, that division applies:

(a)
Except as otherwise provided in division (E)(2)(b), (c), or (d) of
this section, a misdemeanor of the first degree;

(b)
If the offender previously has been convicted of an offense under
this section or of any offense involving neglect, abandonment,
contributing to the delinquency of, or physical abuse of a child,
except as otherwise provided in division (E)(2)(c) or (d) of this
section, a felony of the fourth degree;

(c)
If the violation is a violation of division
(A)
(A)(1)

of this section and results in serious physical harm to the child
involved, a felony of the third degree;

(d)
If the violation is a violation of division (B)(1) of this section
and results in serious physical harm to the child involved, a felony
of the second degree.

(e)
If the violation is a felony violation of division (B)(1) of this
section and the offender also is convicted of or pleads guilty to a
specification as described in section 2941.1422 of the Revised Code
that was included in the indictment, count in the indictment, or
information charging the offense, the court shall sentence the
offender to a mandatory prison term as provided in division (B)(7) of
section 2929.14 of the Revised Code and shall order the offender to
make restitution as provided in division (B)(8) of section 2929.18 of
the Revised Code.

(3)

If the offender violates division (A)(2) of this section, endangering
children is a misdemeanor of the first degree.

(4)

If the offender violates division (B)(2), (3), (4), or (6) of this
section, except as otherwise provided in this division, endangering
children is a felony of the third degree. If the violation results in
serious physical harm to the child involved, or if the offender
previously has been convicted of an offense under this section or of
any offense involving neglect, abandonment, contributing to the
delinquency of, or physical abuse of a child, endangering children is
a felony of the second degree. If the offender violates division
(B)(2), (3), or (4) of this section and the offender also is
convicted of or pleads guilty to a specification as described in
section 2941.1422 of the Revised Code that was included in the
indictment, count in the indictment, or information charging the
offense, the court shall sentence the offender to a mandatory prison
term as provided in division (B)(7) of section 2929.14 of the Revised
Code and shall order the offender to make restitution as provided in
division (B)(8) of section 2929.18 of the Revised Code. If the
offender violates division (B)(6) of this section and the drug
involved is methamphetamine, the court shall impose a mandatory
prison term on the offender as follows:

(a)
If the violation is a violation of division (B)(6) of this section
that is a felony of the third degree under division
(E)(3)
(E)(4)

of this section and the drug involved is methamphetamine, except as
otherwise provided in this division, the court shall impose as a
mandatory prison term one of the prison terms prescribed for a felony
of the third degree that is not less than two years. If the violation
is a violation of division (B)(6) of this section that is a felony of
the third degree under division
(E)(3)
(E)(4)

of this section, if the drug involved is methamphetamine, and if the
offender previously has been convicted of or pleaded guilty to a
violation of division (B)(6) of this section, a violation of division
(A) of section 2925.04 of the Revised Code, or a violation of
division (A) of section 2925.041 of the Revised Code, the court shall
impose as a mandatory prison term one of the prison terms prescribed
for a felony of the third degree that is not less than five years.

(b)
If the violation is a violation of division (B)(6) of this section
that is a felony of the second degree under division
(E)(3)
(E)(4)

of this section and the drug involved is methamphetamine, except as
otherwise provided in this division, the court shall impose as a
mandatory prison term one of the definite prison terms prescribed for
a felony of the second degree in division (A)(2)(b) of section
2929.14 of the Revised Code that is not less than three years, except
that if the violation is committed on or after

the effective date of this amendment

March
22, 2019
,
the court shall impose as the minimum prison term for the offense a
mandatory prison term that is one of the minimum terms prescribed for
a felony of the second degree in division (A)(2)(a) of that section
that is not less than three years. If the violation is a violation of
division (B)(6) of this section that is a felony of the second degree
under division
(E)(3)
(E)(4)

of this section, if the drug involved is methamphetamine, and if the
offender previously has been convicted of or pleaded guilty to a
violation of division (B)(6) of this section, a violation of division
(A) of section 2925.04 of the Revised Code, or a violation of
division (A) of section 2925.041 of the Revised Code, the court shall
impose as a mandatory prison term one of the definite prison terms
prescribed for a felony of the second degree in division (A)(2)(b) of
section 2929.14 of the Revised Code that is not less than five years,
except that if the violation is committed on or after March 22, 2019,
the court shall impose as the minimum prison term for the offense a
mandatory prison term that is one of the terms prescribed for a
felony of the second degree in division (A)(2)(a) of that section
that is not less than five years.

(4)
(5)

If the offender violates division (B)(5) of this section, endangering
children is a felony of the second degree. If the offender also is
convicted of or pleads guilty to a specification as described in
section 2941.1422 of the Revised Code that was included in the
indictment, count in the indictment, or information charging the
offense, the court shall sentence the offender to a mandatory prison
term as provided in division (B)(7) of section 2929.14 of the Revised
Code and shall order the offender to make restitution as provided in
division (B)(8) of section 2929.18 of the Revised Code.

(5)
(6)

If the offender violates division (C) of this section, the offender
shall be punished as follows:

(a)
Except as otherwise provided in division
(E)(5)(b)
(E)(6)(b)

or (c) of this section, endangering children in violation of division
(C) of this section is a misdemeanor of the first degree.

(b)
If the violation results in serious physical harm to the child
involved or the offender previously has been convicted of an offense
under this section or any offense involving neglect, abandonment,
contributing to the delinquency of, or physical abuse of a child,
except as otherwise provided in division
(E)(5)(c)
(E)(6)(c)

of this section, endangering children in violation of division (C) of
this section is a felony of the fifth degree.

(c)
If the violation results in serious physical harm to the child
involved and if the offender previously has been convicted of a
violation of division (C) of this section, section 2903.06 or 2903.08
of the Revised Code, section 2903.07 of the Revised Code as it
existed prior to March 23, 2000, or section 2903.04 of the Revised
Code in a case in which the offender was subject to the sanctions
described in division (D) of that section, endangering children in
violation of division (C) of this section is a felony of the fourth
degree.

(d)
In addition to any term of imprisonment, fine, or other sentence,
penalty, or sanction it imposes upon the offender pursuant to
division
(E)(5)(a)
(E)(6)(a)
,
(b), or (c) of this section or pursuant to any other provision of law
and in addition to any suspension of the offender's driver's or
commercial driver's license or permit or nonresident operating
privilege under Chapter 4506., 4509., 4510., or 4511. of the Revised
Code or under any other provision of law, the court also may impose
upon the offender a class seven suspension of the offender's driver's
or commercial driver's license or permit or nonresident operating
privilege from the range specified in division (A)(7) of section
4510.02 of the Revised Code.

(e)
In addition to any term of imprisonment, fine, or other sentence,
penalty, or sanction imposed upon the offender pursuant to division

(E)(5)(a)
(E)(6)(a)
,
(b), (c), or (d) of this section or pursuant to any other provision
of law for the violation of division (C) of this section, if as part
of the same trial or proceeding the offender also is convicted of or
pleads guilty to a separate charge charging the violation of division
(A) of section 4511.19 of the Revised Code that was the basis of the
charge of the violation of division (C) of this section, the offender
also shall be sentenced in accordance with section 4511.19 of the
Revised Code for that violation of division (A) of section 4511.19 of
the Revised Code.

(F)(1)(a)
A court may require an offender to perform not more than two hundred
hours of supervised community service work under the authority of an
agency, subdivision, or charitable organization. The requirement
shall be part of the community control sanction or sentence of the
offender, and the court shall impose the community service in
accordance with and subject to divisions (F)(1)(a) and (b) of this
section. The court may require an offender whom it requires to
perform supervised community service work as part of the offender's
community control sanction or sentence to pay the court a reasonable
fee to cover the costs of the offender's participation in the work,
including, but not limited to, the costs of procuring a policy or
policies of liability insurance to cover the period during which the
offender will perform the work. If the court requires the offender to
perform supervised community service work as part of the offender's
community control sanction or sentence, the court shall do so in
accordance with the following limitations and criteria:

(i)
The court shall require that the community service work be performed
after completion of the term of imprisonment or jail term imposed
upon the offender for the violation of division (C) of this section,
if applicable.

(ii)
The supervised community service work shall be subject to the
limitations set forth in divisions (B)(1), (2), and (3) of section
2951.02 of the Revised Code.

(iii)
The community service work shall be supervised in the manner
described in division (B)(4) of section 2951.02 of the Revised Code
by an official or person with the qualifications described in that
division. The official or person periodically shall report in writing
to the court concerning the conduct of the offender in performing the
work.

(iv)
The court shall inform the offender in writing that if the offender
does not adequately perform, as determined by the court, all of the
required community service work, the court may order that the
offender be committed to a jail or workhouse for a period of time
that does not exceed the term of imprisonment that the court could
have imposed upon the offender for the violation of division (C) of
this section, reduced by the total amount of time that the offender
actually was imprisoned under the sentence or term that was imposed
upon the offender for that violation and by the total amount of time
that the offender was confined for any reason arising out of the
offense for which the offender was convicted and sentenced as
described in sections 2949.08 and 2967.191 of the Revised Code, and
that, if the court orders that the offender be so committed, the
court is authorized, but not required, to grant the offender credit
upon the period of the commitment for the community service work that
the offender adequately performed.

(b)
If a court, pursuant to division (F)(1)(a) of this section, orders an
offender to perform community service work as part of the offender's
community control sanction or sentence and if the offender does not
adequately perform all of the required community service work, as
determined by the court, the court may order that the offender be
committed to a jail or workhouse for a period of time that does not
exceed the term of imprisonment that the court could have imposed
upon the offender for the violation of division (C) of this section,
reduced by the total amount of time that the offender actually was
imprisoned under the sentence or term that was imposed upon the
offender for that violation and by the total amount of time that the
offender was confined for any reason arising out of the offense for
which the offender was convicted and sentenced as described in
sections 2949.08 and 2967.191 of the Revised Code. The court may
order that a person committed pursuant to this division shall receive
hour-for-hour credit upon the period of the commitment for the
community service work that the offender adequately performed. No
commitment pursuant to this division shall exceed the period of the
term of imprisonment that the sentencing court could have imposed
upon the offender for the violation of division (C) of this section,
reduced by the total amount of time that the offender actually was
imprisoned under that sentence or term and by the total amount of
time that the offender was confined for any reason arising out of the
offense for which the offender was convicted and sentenced as
described in sections 2949.08 and 2967.191 of the Revised Code.

(2)
Division (F)(1) of this section does not limit or affect the
authority of the court to suspend the sentence imposed upon a
misdemeanor offender and place the offender under a community control
sanction pursuant to section 2929.25 of the Revised Code, to require
a misdemeanor or felony offender to perform supervised community
service work in accordance with division (B) of section 2951.02 of
the Revised Code, or to place a felony offender under a community
control sanction.

(G)(1)
If a court suspends an offender's driver's or commercial driver's
license or permit or nonresident operating privilege under division

(E)(5)(d)
(E)(6)(d)

of this section, the period of the suspension shall be consecutive
to, and commence after, the period of suspension of the offender's
driver's or commercial driver's license or permit or nonresident
operating privilege that is imposed under Chapter 4506., 4509.,
4510., or 4511. of the Revised Code or under any other provision of
law in relation to the violation of division (C) of this section that
is the basis of the suspension under division
(E)(5)(d)
(E)(6)(d)

of this section or in relation to the violation of division (A) of
section 4511.19 of the Revised Code that is the basis for that
violation of division (C) of this section.

(2)
An offender is not entitled to request, and the court shall not grant
to the offender, limited driving privileges if the offender's
license, permit, or privilege has been suspended under division

(E)(5)(d)
(E)(6)(d)

of this section and the offender, within the preceding six years, has
been convicted of or pleaded guilty to three or more violations of
one or more of the following:

(a)
Division (C) of this section;

(b)
Any equivalent offense, as defined in section 4511.181 of the Revised
Code.

(H)(1)
If a person violates division (C) of this section and if, at the time
of the violation, there were two or more children under eighteen
years of age in the motor vehicle involved in the violation, the
offender may be convicted of a violation of division (C) of this
section for each of the children, but the court may sentence the
offender for only one of the violations.

(2)(a)
If a person is convicted of or pleads guilty to a violation of
division (C) of this section but the person is not also convicted of
and does not also plead guilty to a separate charge charging the
violation of division (A) of section 4511.19 of the Revised Code that
was the basis of the charge of the violation of division (C) of this
section, both of the following apply:

(i)
For purposes of the provisions of section 4511.19 of the Revised Code
that set forth the penalties and sanctions for a violation of
division (A) of section 4511.19 of the Revised Code, the conviction
of or plea of guilty to the violation of division (C) of this section
shall not constitute a violation of division (A) of section 4511.19
of the Revised Code;

(ii)
For purposes of any provision of law that refers to a conviction of
or plea of guilty to a violation of division (A) of section 4511.19
of the Revised Code and that is not described in division
(H)(2)(a)(i) of this section, the conviction of or plea of guilty to
the violation of division (C) of this section shall constitute a
conviction of or plea of guilty to a violation of division (A) of
section 4511.19 of the Revised Code.

(b)
If a person is convicted of or pleads guilty to a violation of
division (C) of this section and the person also is convicted of or
pleads guilty to a separate charge charging the violation of division
(A) of section 4511.19 of the Revised Code that was the basis of the
charge of the violation of division (C) of this section, the
conviction of or plea of guilty to the violation of division (C) of
this section shall not constitute, for purposes of any provision of
law that refers to a conviction of or plea of guilty to a violation
of division (A) of section 4511.19 of the Revised Code, a conviction
of or plea of guilty to a violation of division (A) of section
4511.19 of the Revised Code.

(I)
As used in this section:

(1)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code;

(2)
"Limited driving privileges" has the same meaning as in
section 4501.01 of the Revised Code;

(3)
"Methamphetamine" has the same meaning as in section
2925.01 of the Revised Code.

Sec.
2929.13.
(A)
Except as provided in division (E), (F), or (G) of this section and
unless a specific sanction is required to be imposed or is precluded
from being imposed pursuant to law, a court that imposes a sentence
upon an offender for a felony may impose any sanction or combination
of sanctions on the offender that are provided in sections 2929.14 to
2929.18 of the Revised Code.

If
the offender is eligible to be sentenced to community control
sanctions, the court shall consider the appropriateness of imposing a
financial sanction pursuant to section 2929.18 of the Revised Code or
a sanction of community service pursuant to section 2929.17 of the
Revised Code as the sole sanction for the offense. Except as
otherwise provided in this division, if the court is required to
impose a mandatory prison term for the offense for which sentence is
being imposed, the court also shall impose any financial sanction
pursuant to section 2929.18 of the Revised Code that is required for
the offense and may impose any other financial sanction pursuant to
that section but may not impose any additional sanction or
combination of sanctions under section 2929.16 or 2929.17 of the
Revised Code.

If
the offender is being sentenced for a fourth degree felony OVI
offense or for a third degree felony OVI offense, in addition to the
mandatory term of local incarceration or the mandatory prison term
required for the offense by division (G)(1) or (2) of this section,
the court shall impose upon the offender a mandatory fine in
accordance with division (B)(3) of section 2929.18 of the Revised
Code and may impose whichever of the following is applicable:

(1)
For a fourth degree felony OVI offense for which sentence is imposed
under division (G)(1) of this section, an additional community
control sanction or combination of community control sanctions under
section 2929.16 or 2929.17 of the Revised Code. If the court imposes
upon the offender a community control sanction and the offender
violates any condition of the community control sanction, the court
may take any action prescribed in division (B) of section 2929.15 of
the Revised Code relative to the offender, including imposing a
prison term on the offender pursuant to that division.

(2)
For a third or fourth degree felony OVI offense for which sentence is
imposed under division (G)(2) of this section, an additional prison
term as described in division (B)(4) of section 2929.14 of the
Revised Code or a community control sanction as described in division
(G)(2) of this section.

(B)(1)(a)
Except as provided in division (B)(1)(b) of this section, if an
offender is convicted of or pleads guilty to a felony of the fourth
or fifth degree that is not an offense of violence or that is a
qualifying assault offense, the court shall sentence the offender to
a community control sanction or combination of community control
sanctions if all of the following apply:

(i)
The offender previously has not been convicted of or pleaded guilty
to a felony offense.

(ii)
The most serious charge against the offender at the time of
sentencing is a felony of the fourth or fifth degree.

(iii)
The offender previously has not been convicted of or pleaded guilty
to a misdemeanor offense of violence that the offender committed
within two years prior to the offense for which sentence is being
imposed.

(b)
The court has discretion to impose a prison term upon an offender who
is convicted of or pleads guilty to a felony of the fourth or fifth
degree that is not an offense of violence or that is a qualifying
assault offense if any of the following apply:

(i)
The offender committed the offense while having a firearm on or about
the offender's person or under the offender's control.

(ii)
If the offense is a qualifying assault offense, the offender caused
serious physical harm to another person while committing the offense,
and, if the offense is not a qualifying assault offense, the offender
caused physical harm to another person while committing the offense.

(iii)
The offender violated a term of the conditions of bond as set by the
court.

(iv)
The offense is a sex offense that is a fourth or fifth degree felony
violation of any provision of Chapter 2907. of the Revised Code.

(v)
In committing the offense, the offender attempted to cause or made an
actual threat of physical harm to a person with a deadly weapon.

(vi)
In committing the offense, the offender attempted to cause or made an
actual threat of physical harm to a person, and the offender
previously was convicted of an offense that caused physical harm to a
person.

(vii)
The offender held a public office or position of trust, and the
offense related to that office or position; the offender's position
obliged the offender to prevent the offense or to bring those
committing it to justice; or the offender's professional reputation
or position facilitated the offense or was likely to influence the
future conduct of others.

(viii)
The offender committed the offense for hire or as part of an
organized criminal activity.

(ix)
The offender at the time of the offense was serving, or the offender
previously had served, a prison term.

(x)
The offender committed the offense while under a community control
sanction, while on probation, or while released from custody on a
bond or personal recognizance.

(c)
A sentencing court may impose an additional penalty under division
(B) of section 2929.15 of the Revised Code upon an offender sentenced
to a community control sanction under division (B)(1)(a) of this
section if the offender violates the conditions of the community
control sanction, violates a law, or leaves the state without the
permission of the court or the offender's probation officer.

(2)
If division (B)(1) of this section does not apply, except as provided
in division (E), (F), or (G) of this section, in determining whether
to impose a prison term as a sanction for a felony of the fourth or
fifth degree, the sentencing court shall comply with the purposes and
principles of sentencing under section 2929.11 of the Revised Code
and with section 2929.12 of the Revised Code.

(C)
Except as provided in division (D), (E), (F), or (G) of this section,
in determining whether to impose a prison term as a sanction for a
felony of the third degree or a felony drug offense that is a
violation of a provision of Chapter 2925. of the Revised Code and
that is specified as being subject to this division for purposes of
sentencing, the sentencing court shall comply with the purposes and
principles of sentencing under section 2929.11 of the Revised Code
and with section 2929.12 of the Revised Code.

(D)(1)
Except as provided in division (E) or (F) of this section, for a
felony of the first or second degree, for a felony drug offense that
is a violation of any provision of Chapter 2925., 3719., or 4729. of
the Revised Code for which a presumption in favor of a prison term is
specified as being applicable, and for a violation of division (A)(4)
or (B) of section 2907.05 of the Revised Code for which a presumption
in favor of a prison term is specified as being applicable, it is
presumed that a prison term is necessary in order to comply with the
purposes and principles of sentencing under section 2929.11 of the
Revised Code. Division (D)(2) of this section does not apply to a
presumption established under this division for a violation of
division (A)(4) of section 2907.05 of the Revised Code.

(2)
Notwithstanding the presumption established under division (D)(1) of
this section for the offenses listed in that division other than a
violation of division (A)(4) or (B) of section 2907.05 of the Revised
Code, the sentencing court may impose a community control sanction or
a combination of community control sanctions instead of a prison term
on an offender for a felony of the first or second degree or for a
felony drug offense that is a violation of any provision of Chapter
2925., 3719., or 4729. of the Revised Code for which a presumption in
favor of a prison term is specified as being applicable if it makes
both of the following findings:

(a)
A community control sanction or a combination of community control
sanctions would adequately punish the offender and protect the public
from future crime, because the applicable factors under section
2929.12 of the Revised Code indicating a lesser likelihood of
recidivism outweigh the applicable factors under that section
indicating a greater likelihood of recidivism.

(b)
A community control sanction or a combination of community control
sanctions would not demean the seriousness of the offense, because
one or more factors under section 2929.12 of the Revised Code that
indicate that the offender's conduct was less serious than conduct
normally constituting the offense are applicable, and they outweigh
the applicable factors under that section that indicate that the
offender's conduct was more serious than conduct normally
constituting the offense.

(E)(1)
Except as provided in division (F) of this section, for any drug
offense that is a violation of any provision of Chapter 2925. of the
Revised Code and that is a felony of the third, fourth, or fifth
degree, the applicability of a presumption under division (D) of this
section in favor of a prison term or of division (B) or (C) of this
section in determining whether to impose a prison term for the
offense shall be determined as specified in section 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23,
2925.36, or 2925.37 of the Revised Code, whichever is applicable
regarding the violation.

(2)
If an offender who was convicted of or pleaded guilty to a felony
violates the conditions of a community control sanction imposed for
the offense solely by reason of producing positive results on a drug
test, the court, as punishment for the violation of the sanction,
shall not order that the offender be imprisoned unless the court
determines on the record either of the following:

(a)
The offender had been ordered as a sanction for the felony to
participate in a drug treatment program, in a drug education program,
or in narcotics anonymous or a similar program, and the offender
continued to use illegal drugs after a reasonable period of
participation in the program.

(b)
The imprisonment of the offender for the violation is consistent with
the purposes and principles of sentencing set forth in section
2929.11 of the Revised Code.

(3)
A court that sentences an offender for a drug abuse offense that is a
felony of the third, fourth, or fifth degree may require that the
offender be assessed by a properly credentialed professional within a
specified period of time. The court shall require the professional to
file a written assessment of the offender with the court. If the
offender is eligible for a community control sanction and after
considering the written assessment, the court may impose a community
control sanction that includes addiction services and recovery
supports included in a community-based continuum of care established
under section 340.032 of the Revised Code. If the court imposes
addiction services and recovery supports as a community control
sanction, the court shall direct the level and type of addiction
services and recovery supports after considering the assessment and
recommendation of community addiction services providers.

(F)
Notwithstanding divisions (A) to (E) of this section, the court shall
impose a prison term or terms under sections 2929.02 to 2929.06,
section 2929.14, section 2929.142, or section 2971.03 of the Revised
Code and except as specifically provided in section 2929.20, or
section 2967.191 of the Revised Code or when parole is authorized for
the offense under section 2967.13 of the Revised Code shall not
reduce the term or terms pursuant to section 2929.20, division (A)(2)
or (3) of section 2967.193 or 2967.194, or any other provision of
Chapter 2967. or Chapter 5120. of the Revised Code for any of the
following offenses:

(1)
Aggravated murder when death is not imposed or murder;

(2)
Any rape, regardless of whether force was involved and regardless of
the age of the victim, or an attempt to commit rape if, had the
offender completed the rape that was attempted, the offender would
have been guilty of a violation of division (A)(1)(b) of section
2907.02 of the Revised Code and would be sentenced under section
2971.03 of the Revised Code;

(3)
Gross sexual imposition or sexual battery, if the victim is less than
thirteen years of age and if any of the following applies:

(a)
Regarding gross sexual imposition, the offender previously was
convicted of or pleaded guilty to rape, the former offense of
felonious sexual penetration, gross sexual imposition, or sexual
battery, and the victim of the previous offense was less than
thirteen years of age;

(b)
Regarding gross sexual imposition, the offense was committed on or
after August 3, 2006, and evidence other than the testimony of the
victim was admitted in the case corroborating the violation.

(c)
Regarding sexual battery, either of the following applies:

(i)
The offense was committed prior to August 3, 2006, the offender
previously was convicted of or pleaded guilty to rape, the former
offense of felonious sexual penetration, or sexual battery, and the
victim of the previous offense was less than thirteen years of age.

(ii)
The offense was committed on or after August 3, 2006.

(4)
A felony violation of section 2903.04, 2903.06, 2903.08, 2903.11,
2903.12, 2903.13, 2905.32, 2907.07, 2921.321, or 2923.132 of the
Revised Code if the section requires the imposition of a prison term;

(5)
A first, second, or third degree felony drug offense for which
section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2925.11,
2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or 4729.99 of
the Revised Code, whichever is applicable regarding the violation,
requires the imposition of a mandatory prison term;

(6)
Any offense that is a first or second degree felony and that is not
set forth in division (F)(1), (2), (3), or (4) of this section, if
the offender previously was convicted of or pleaded guilty to
aggravated murder, murder, any first or second degree felony, or an
offense under an existing or former law of this state, another state,
or the United States that is or was substantially equivalent to one
of those offenses;

(7)
Any offense that is a third degree felony and either is a violation
of section 2903.04 of the Revised Code or an attempt to commit a
felony of the second degree that is an offense of violence and
involved an attempt to cause serious physical harm to a person or
that resulted in serious physical harm to a person if the offender
previously was convicted of or pleaded guilty to any of the following
offenses:

(a)
Aggravated murder, murder, involuntary manslaughter, rape, felonious
sexual penetration as it existed under section 2907.12 of the Revised
Code prior to September 3, 1996, a felony of the first or second
degree that resulted in the death of a person or in physical harm to
a person, or complicity in or an attempt to commit any of those
offenses;

(b)
An offense under an existing or former law of this state, another
state, or the United States that is or was substantially equivalent
to an offense listed in division (F)(7)(a) of this section that
resulted in the death of a person or in physical harm to a person.

(8)
Any offense, other than a violation of section 2923.12 of the Revised
Code, that is a felony, if the offender had a firearm on or about the
offender's person or under the offender's control while committing
the felony, with respect to a portion of the sentence imposed
pursuant to division (B)(1)(a) of section 2929.14 of the Revised Code
for having the firearm;

(9)
Any offense of violence that is a felony, if the offender wore or
carried body armor while committing the felony offense of violence,
with respect to the portion of the sentence imposed pursuant to
division (B)(1)(d) of section 2929.14 of the Revised Code for wearing
or carrying the body armor;

(10)
Corrupt activity in violation of section 2923.32 of the Revised Code
when the most serious offense in the pattern of corrupt activity that
is the basis of the offense is a felony of the first degree;

(11)
Any violent sex offense or designated homicide, assault, or
kidnapping offense if, in relation to that offense, the offender is
adjudicated a sexually violent predator;

(12)
A violation of division (A)(1) or (2) of section 2921.36 of the
Revised Code, or a violation of division (C) of that section
involving an item listed in division (A)(1) or (2) of that section,
if the offender is an officer or employee of the department of
rehabilitation and correction;

(13)
A violation of division (A)(1) or (2) of section 2903.06 of the
Revised Code if the victim of the offense is a peace officer, as
defined in section 2935.01 of the Revised Code, or an investigator of
the bureau of criminal identification and investigation, as defined
in section 2903.11 of the Revised Code, with respect to the portion
of the sentence imposed pursuant to division (B)(5) of section
2929.14 of the Revised Code;

(14)
A violation of division (A)(1) or (2) of section 2903.06 of the
Revised Code if the offender has been convicted of or pleaded guilty
to three or more violations of division (A) of section 4511.19 of the
Revised Code or an equivalent offense, as defined in section
2941.1415 of the Revised Code, or three or more violations of any
combination of those offenses, with respect to the portion of the
sentence imposed pursuant to division (B)(6) of section 2929.14 of
the Revised Code;

(15)
Kidnapping, in the circumstances specified in section 2971.03 of the
Revised Code and when no other provision of division (F) of this
section applies;

(16)
Kidnapping, abduction, compelling prostitution, promoting
prostitution, engaging in a pattern of corrupt activity, a violation
of division (A)(1) or (2) of section 2907.323 of the Revised Code
that involves a minor, or endangering children in violation of
division (B)(1), (2), (3), (4), or (5) of section 2919.22 of the
Revised Code, if the offender is convicted of or pleads guilty to a
specification as described in section 2941.1422 of the Revised Code
that was included in the indictment, count in the indictment, or
information charging the offense;

(17)
A felony violation of division (A) or (B) of section 2919.25 of the
Revised Code if division (D)(3), (4), or (5) of that section, and
division (D)(6) of that section, require the imposition of a prison
term;

(18)
A felony violation of section 2903.11, 2903.12, or 2903.13 of the
Revised Code, if the victim of the offense was a woman that the
offender knew was pregnant at the time of the violation, with respect
to a portion of the sentence imposed pursuant to division (B)(8) of
section 2929.14 of the Revised Code;

(19)(a)
Any violent felony offense if the offender is a violent career
criminal and had a firearm on or about the offender's person or under
the offender's control during the commission of the violent felony
offense and displayed or brandished the firearm, indicated that the
offender possessed a firearm, or used the firearm to facilitate the
offense, with respect to the portion of the sentence imposed under
division (K) of section 2929.14 of the Revised Code.

(b)
As used in division (F)(19)(a) of this section, "violent career
criminal" and "violent felony offense" have the same
meanings as in section 2923.132 of the Revised Code.

(20)
Any violation of division (A)(1) of section 2903.11 of the Revised
Code if the offender used an accelerant in committing the violation
and the serious physical harm to another or another's unborn caused
by the violation resulted in a permanent, serious disfigurement or
permanent, substantial incapacity or any violation of division (A)(2)
of that section if the offender used an accelerant in committing the
violation, the violation caused physical harm to another or another's
unborn, and the physical harm resulted in a permanent, serious
disfigurement or permanent, substantial incapacity, with respect to a
portion of the sentence imposed pursuant to division (B)(9) of
section 2929.14 of the Revised Code. The provisions of this division
and of division (D)(2) of section 2903.11, divisions (B)(9) and
(C)(6) of section 2929.14, and section 2941.1425 of the Revised Code
shall be known as "Judy's Law."

(21)
Any violation of division (A) of section 2903.11 of the Revised Code
if the victim of the offense suffered permanent disabling harm as a
result of the offense and the victim was under
ten

eighteen

years
of age
or
over sixty-five years of age
at
the time of the offense, with respect to a portion of the sentence
imposed pursuant to division (B)(10) of section 2929.14 of the
Revised Code.

(22)
A felony violation of section 2925.03, 2925.05, or 2925.11 of the
Revised Code, if the drug involved in the violation is a
fentanyl-related compound or a compound, mixture, preparation, or
substance containing a fentanyl-related compound and the offender is
convicted of or pleads guilty to a specification of the type
described in division (B) of section 2941.1410 of the Revised Code
that was included in the indictment, count in the indictment, or
information charging the offense, with respect to the portion of the
sentence imposed under division (B)(11) of section 2929.14 of the
Revised Code.

(G)
Notwithstanding divisions (A) to (E) of this section, if an offender
is being sentenced for a fourth degree felony OVI offense or for a
third degree felony OVI offense, the court shall impose upon the
offender a mandatory term of local incarceration or a mandatory
prison term in accordance with the following:

(1)
If the offender is being sentenced for a fourth degree felony OVI
offense and if the offender has not been convicted of and has not
pleaded guilty to a specification of the type described in section
2941.1413 of the Revised Code, the court may impose upon the offender
a mandatory term of local incarceration of sixty days or one hundred
twenty days as specified in division (G)(1)(d) of section 4511.19 of
the Revised Code. The court shall not reduce the term pursuant to
section 2929.20, division (A)(2) or (3) of section 2967.193 or
2967.194, or any other provision of the Revised Code. The court that
imposes a mandatory term of local incarceration under this division
shall specify whether the term is to be served in a jail, a
community-based correctional facility, a halfway house, or an
alternative residential facility, and the offender shall serve the
term in the type of facility specified by the court. A mandatory term
of local incarceration imposed under division (G)(1) of this section
is not subject to any other Revised Code provision that pertains to a
prison term except as provided in division (A)(1) of this section.

(2)
If the offender is being sentenced for a third degree felony OVI
offense, or if the offender is being sentenced for a fourth degree
felony OVI offense and the court does not impose a mandatory term of
local incarceration under division (G)(1) of this section, the court
shall impose upon the offender a mandatory prison term of one, two,
three, four, or five years if the offender also is convicted of or
also pleads guilty to a specification of the type described in
section 2941.1413 of the Revised Code or shall impose upon the
offender a mandatory prison term of sixty days or one hundred twenty
days as specified in division (G)(1)(d) or (e) of section 4511.19 of
the Revised Code if the offender has not been convicted of and has
not pleaded guilty to a specification of that type. The court shall
not reduce the term pursuant to section 2929.20, division (A)(2) or
(3) of section 2967.193 or 2967.194, or any other provision of the
Revised Code. The offender shall serve the one-, two-, three-, four-,
or five-year mandatory prison term consecutively to and prior to the
prison term imposed for the underlying offense and consecutively to
any other mandatory prison term imposed in relation to the offense.
In no case shall an offender who once has been sentenced to a
mandatory term of local incarceration pursuant to division (G)(1) of
this section for a fourth degree felony OVI offense be sentenced to
another mandatory term of local incarceration under that division for
any violation of division (A) of section 4511.19 of the Revised Code.
In addition to the mandatory prison term described in division (G)(2)
of this section, the court may sentence the offender to a community
control sanction under section 2929.16 or 2929.17 of the Revised
Code, but the offender shall serve the prison term prior to serving
the community control sanction. The department of rehabilitation and
correction may place an offender sentenced to a mandatory prison term
under this division in an intensive program prison established
pursuant to section 5120.033 of the Revised Code if the department
gave the sentencing judge prior notice of its intent to place the
offender in an intensive program prison established under that
section and if the judge did not notify the department that the judge
disapproved the placement. Upon the establishment of the initial
intensive program prison pursuant to section 5120.033 of the Revised
Code that is privately operated and managed by a contractor pursuant
to a contract entered into under section 9.06 of the Revised Code,
both of the following apply:

(a)
The department of rehabilitation and correction shall make a
reasonable effort to ensure that a sufficient number of offenders
sentenced to a mandatory prison term under this division are placed
in the privately operated and managed prison so that the privately
operated and managed prison has full occupancy.

(b)
Unless the privately operated and managed prison has full occupancy,
the department of rehabilitation and correction shall not place any
offender sentenced to a mandatory prison term under this division in
any intensive program prison established pursuant to section 5120.033
of the Revised Code other than the privately operated and managed
prison.

(H)
If an offender is being sentenced for a sexually oriented offense or
child-victim oriented offense that is a felony committed on or after
January 1, 1997, the judge shall require the offender to submit to a
DNA specimen collection procedure pursuant to section 2901.07 of the
Revised Code.

(I)
If an offender is being sentenced for a sexually oriented offense or
a child-victim oriented offense committed on or after January 1,
1997, the judge shall include in the sentence a summary of the
offender's duties imposed under sections 2950.04, 2950.041, 2950.05,
and 2950.06 of the Revised Code and the duration of the duties. The
judge shall inform the offender, at the time of sentencing, of those
duties and of their duration. If required under division (A)(2) of
section 2950.03 of the Revised Code, the judge shall perform the
duties specified in that section, or, if required under division
(A)(6) of section 2950.03 of the Revised Code, the judge shall
perform the duties specified in that division.

(J)(1)
Except as provided in division (J)(2) of this section, when
considering sentencing factors under this section in relation to an
offender who is convicted of or pleads guilty to an attempt to commit
an offense in violation of section 2923.02 of the Revised Code, the
sentencing court shall consider the factors applicable to the felony
category of the violation of section 2923.02 of the Revised Code
instead of the factors applicable to the felony category of the
offense attempted.

(2)
When considering sentencing factors under this section in relation to
an offender who is convicted of or pleads guilty to an attempt to
commit a drug abuse offense for which the penalty is determined by
the amount or number of unit doses of the controlled substance
involved in the drug abuse offense, the sentencing court shall
consider the factors applicable to the felony category that the drug
abuse offense attempted would be if that drug abuse offense had been
committed and had involved an amount or number of unit doses of the
controlled substance that is within the next lower range of
controlled substance amounts than was involved in the attempt.

(K)
As used in this section:

(1)
"Community addiction services provider" has the same
meaning as in section 5119.01 of the Revised Code.

(2)
"Drug abuse offense" has the same meaning as in section
2925.01 of the Revised Code.

(3)
"Minor drug possession offense" has the same meaning as in
section 2925.11 of the Revised Code.

(4)
"Qualifying assault offense" means a violation of section
2903.13 of the Revised Code for which the penalty provision in
division (C)(8)(b) or (C)(9)(b) of that section applies.

(L)
At the time of sentencing an offender for any sexually oriented
offense, if the offender is a tier III sex offender/child-victim
offender relative to that offense and the offender does not serve a
prison term or jail term, the court may require that the offender be
monitored by means of a global positioning device. If the court
requires such monitoring, the cost of monitoring shall be borne by
the offender. If the offender is indigent, the cost of compliance
shall be paid by the crime victims reparations fund.

Sec.
2929.14.
(A)
Except as provided in division (B)(1), (B)(2), (B)(3), (B)(4),
(B)(5), (B)(6), (B)(7), (B)(8), (B)(9), (B)(10), (B)(11), (E), (G),
(H), (J), or (K) of this section or in division (D)(6) of section
2919.25 of the Revised Code and except in relation to an offense for
which a sentence of death or life imprisonment is to be imposed, if
the court imposing a sentence upon an offender for a felony elects or
is required to impose a prison term on the offender pursuant to this
chapter, the court shall impose a prison term that shall be one of
the following:

(1)(a)
For a felony of the first degree committed on or after March 22,
2019, the prison term shall be an indefinite prison term with a
stated minimum term selected by the court of three, four, five, six,
seven, eight, nine, ten, or eleven years and a maximum term that is
determined pursuant to section 2929.144 of the Revised Code, except
that if the section that criminalizes the conduct constituting the
felony specifies a different minimum term or penalty for the offense,
the specific language of that section shall control in determining
the minimum term or otherwise sentencing the offender but the minimum
term or sentence imposed under that specific language shall be
considered for purposes of the Revised Code as if it had been imposed
under this division.

(b)
For a felony of the first degree committed prior to March 22, 2019,
the prison term shall be a definite prison term of three, four, five,
six, seven, eight, nine, ten, or eleven years.

(2)(a)
For a felony of the second degree committed on or after March 22,
2019, the prison term shall be an indefinite prison term with a
stated minimum term selected by the court of two, three, four, five,
six, seven, or eight years and a maximum term that is determined
pursuant to section 2929.144 of the Revised Code, except that if the
section that criminalizes the conduct constituting the felony
specifies a different minimum term or penalty for the offense, the
specific language of that section shall control in determining the
minimum term or otherwise sentencing the offender but the minimum
term or sentence imposed under that specific language shall be
considered for purposes of the Revised Code as if it had been imposed
under this division.

(b)
For a felony of the second degree committed prior to March 22, 2019,
the prison term shall be a definite term of two, three, four, five,
six, seven, or eight years.

(3)(a)
For a felony of the third degree that is a violation of section
2903.06, 2903.08, 2907.03, 2907.04, 2907.05, 2907.321, 2907.322,
2907.323, 2919.25, or 3795.04 of the Revised Code, that is a
violation of division (A) of section 4511.19 of the Revised Code if
the offender previously has been convicted of or pleaded guilty to a
violation of division (A) of that section that was a felony, that is
a violation of section 2911.02 or 2911.12 of the Revised Code if the
offender previously has been convicted of or pleaded guilty in two or
more separate proceedings to two or more violations of section
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code, or that is
a violation of division (B) of section 2921.331 of the Revised Code
if division (C)(5) of that section applies, the prison term shall be
a definite term of twelve, eighteen, twenty-four, thirty, thirty-six,
forty-two, forty-eight, fifty-four, or sixty months.

(b)
For a felony of the third degree that is not an offense for which
division (A)(3)(a) of this section applies, the prison term shall be
a definite term of nine, twelve, eighteen, twenty-four, thirty, or
thirty-six months.

(4)
For a felony of the fourth degree, the prison term shall be a
definite term of six, seven, eight, nine, ten, eleven, twelve,
thirteen, fourteen, fifteen, sixteen, seventeen, or eighteen months.

(5)
For a felony of the fifth degree, the prison term shall be a definite
term of six, seven, eight, nine, ten, eleven, or twelve months.

(B)(1)(a)
Except as provided in division (B)(1)(e) of this section, if an
offender who is convicted of or pleads guilty to a felony also is
convicted of or pleads guilty to a specification of the type
described in section 2941.141, 2941.144, or 2941.145 of the Revised
Code, the court shall impose on the offender one of the following
prison terms:

(i)
A prison term of six years if the specification is of the type
described in division (A) of section 2941.144 of the Revised Code
that charges the offender with having a firearm that is an automatic
firearm or that was equipped with a firearm muffler or suppressor on
or about the offender's person or under the offender's control while
committing the offense;

(ii)
A prison term of three years if the specification is of the type
described in division (A) of section 2941.145 of the Revised Code
that charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing
the offense and displaying the firearm, brandishing the firearm,
indicating that the offender possessed the firearm, or using it to
facilitate the offense;

(iii)
A prison term of one year if the specification is of the type
described in division (A) of section 2941.141 of the Revised Code
that charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing
the offense;

(iv)
A prison term of nine years if the specification is of the type
described in division (D) of section 2941.144 of the Revised Code
that charges the offender with having a firearm that is an automatic
firearm or that was equipped with a firearm muffler or suppressor on
or about the offender's person or under the offender's control while
committing the offense and specifies that the offender previously has
been convicted of or pleaded guilty to a specification of the type
described in section 2941.141, 2941.144, 2941.145, 2941.146, or
2941.1412 of the Revised Code;

(v)
A prison term of fifty-four months if the specification is of the
type described in division (D) of section 2941.145 of the Revised
Code that charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing
the offense and displaying the firearm, brandishing the firearm,
indicating that the offender possessed the firearm, or using the
firearm to facilitate the offense and that the offender previously
has been convicted of or pleaded guilty to a specification of the
type described in section 2941.141, 2941.144, 2941.145, 2941.146, or
2941.1412 of the Revised Code;

(vi)
A prison term of eighteen months if the specification is of the type
described in division (D) of section 2941.141 of the Revised Code
that charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing
the offense and that the offender previously has been convicted of or
pleaded guilty to a specification of the type described in section
2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of the Revised
Code.

(b)
If a court imposes a prison term on an offender under division
(B)(1)(a) of this section, the prison term shall not be reduced
pursuant to section 2929.20, division (A)(2) or (3) of section
2967.193 or 2967.194, or any other provision of Chapter 2967. or
Chapter 5120. of the Revised Code. Except as provided in division
(B)(1)(g) of this section, a court shall not impose more than one
prison term on an offender under division (B)(1)(a) of this section
for felonies committed as part of the same act or transaction.

(c)(i)
Except as provided in division (B)(1)(e) of this section, if an
offender who is convicted of or pleads guilty to a violation of
section 2923.161 of the Revised Code or to a felony that includes, as
an essential element, purposely or knowingly causing or attempting to
cause the death of or physical harm to another, also is convicted of
or pleads guilty to a specification of the type described in division
(A) of section 2941.146 of the Revised Code that charges the offender
with committing the offense by discharging a firearm from a motor
vehicle other than a manufactured home, the court, after imposing a
prison term on the offender for the violation of section 2923.161 of
the Revised Code or for the other felony offense under division (A),
(B)(2), or (B)(3) of this section, shall impose an additional prison
term of five years upon the offender that shall not be reduced
pursuant to section 2929.20, division (A)(2) or (3) of section
2967.193 or 2967.194, or any other provision of Chapter 2967. or
Chapter 5120. of the Revised Code.

(ii)
Except as provided in division (B)(1)(e) of this section, if an
offender who is convicted of or pleads guilty to a violation of
section 2923.161 of the Revised Code or to a felony that includes, as
an essential element, purposely or knowingly causing or attempting to
cause the death of or physical harm to another, also is convicted of
or pleads guilty to a specification of the type described in division
(C) of section 2941.146 of the Revised Code that charges the offender
with committing the offense by discharging a firearm from a motor
vehicle other than a manufactured home and that the offender
previously has been convicted of or pleaded guilty to a specification
of the type described in section 2941.141, 2941.144, 2941.145,
2941.146, or 2941.1412 of the Revised Code, the court, after imposing
a prison term on the offender for the violation of section 2923.161
of the Revised Code or for the other felony offense under division
(A), (B)(2), or (3) of this section, shall impose an additional
prison term of ninety months upon the offender that shall not be
reduced pursuant to section 2929.20, division (A)(2) or (3) of
section 2967.193 or 2967.194, or any other provision of Chapter 2967.
or Chapter 5120. of the Revised Code.

(iii)
A court shall not impose more than one additional prison term on an
offender under division (B)(1)(c) of this section for felonies
committed as part of the same act or transaction. If a court imposes
an additional prison term on an offender under division (B)(1)(c) of
this section relative to an offense, the court also shall impose a
prison term under division (B)(1)(a) of this section relative to the
same offense, provided the criteria specified in that division for
imposing an additional prison term are satisfied relative to the
offender and the offense.

(d)
If an offender who is convicted of or pleads guilty to an offense of
violence that is a felony also is convicted of or pleads guilty to a
specification of the type described in section 2941.1411 of the
Revised Code that charges the offender with wearing or carrying body
armor while committing the felony offense of violence, the court
shall impose on the offender an additional prison term of two years.
The prison term so imposed shall not be reduced pursuant to section
2929.20, division (A)(2) or (3) of section 2967.193 or 2967.194, or
any other provision of Chapter 2967. or Chapter 5120. of the Revised
Code. A court shall not impose more than one prison term on an
offender under division (B)(1)(d) of this section for felonies
committed as part of the same act or transaction. If a court imposes
an additional prison term under division (B)(1)(a) or (c) of this
section, the court is not precluded from imposing an additional
prison term under division (B)(1)(d) of this section.

(e)
The court shall not impose any of the prison terms described in
division (B)(1)(a) of this section or any of the additional prison
terms described in division (B)(1)(c) of this section upon an
offender for a violation of section 2923.12 or 2923.123 of the
Revised Code. The court shall not impose any of the prison terms
described in division (B)(1)(a) or (b) of this section upon an
offender for a violation of section 2923.122 that involves a deadly
weapon that is a firearm other than a dangerous ordnance, section
2923.16, or section 2923.121 of the Revised Code. The court shall not
impose any of the prison terms described in division (B)(1)(a) of
this section or any of the additional prison terms described in
division (B)(1)(c) of this section upon an offender for a violation
of section 2923.13 of the Revised Code unless all of the following
apply:

(i)
The offender previously has been convicted of aggravated murder,
murder, or any felony of the first or second degree.

(ii)
Less than five years have passed since the offender was released from
prison or post-release control, whichever is later, for the prior
offense.

(f)(i)
If an offender is convicted of or pleads guilty to a felony that
includes, as an essential element, causing or attempting to cause the
death of or physical harm to another and also is convicted of or
pleads guilty to a specification of the type described in division
(A) of section 2941.1412 of the Revised Code that charges the
offender with committing the offense by discharging a firearm at a
peace officer as defined in section 2935.01 of the Revised Code or a
corrections officer, as defined in section 2941.1412 of the Revised
Code, the court, after imposing a prison term on the offender for the
felony offense under division (A), (B)(2), or (B)(3) of this section,
shall impose an additional prison term of seven years upon the
offender that shall not be reduced pursuant to section 2929.20,
division (A)(2) or (3) of section 2967.193 or 2967.194, or any other
provision of Chapter 2967. or Chapter 5120. of the Revised Code.

(ii)
If an offender is convicted of or pleads guilty to a felony that
includes, as an essential element, causing or attempting to cause the
death of or physical harm to another and also is convicted of or
pleads guilty to a specification of the type described in division
(B) of section 2941.1412 of the Revised Code that charges the
offender with committing the offense by discharging a firearm at a
peace officer, as defined in section 2935.01 of the Revised Code, or
a corrections officer, as defined in section 2941.1412 of the Revised
Code, and that the offender previously has been convicted of or
pleaded guilty to a specification of the type described in section
2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of the Revised
Code, the court, after imposing a prison term on the offender for the
felony offense under division (A), (B)(2), or (3) of this section,
shall impose an additional prison term of one hundred twenty-six
months upon the offender that shall not be reduced pursuant to
section 2929.20, division (A)(2) or (3) of section 2967.193 or
2967.194, or any other provision of Chapter 2967. or 5120. of the
Revised Code.

(iii)
If an offender is convicted of or pleads guilty to two or more
felonies that include, as an essential element, causing or attempting
to cause the death or physical harm to another and also is convicted
of or pleads guilty to a specification of the type described under
division (B)(1)(f) of this section in connection with two or more of
the felonies of which the offender is convicted or to which the
offender pleads guilty, the sentencing court shall impose on the
offender the prison term specified under division (B)(1)(f) of this
section for each of two of the specifications of which the offender
is convicted or to which the offender pleads guilty and, in its
discretion, also may impose on the offender the prison term specified
under that division for any or all of the remaining specifications.
If a court imposes an additional prison term on an offender under
division (B)(1)(f) of this section relative to an offense, the court
shall not impose a prison term under division (B)(1)(a) or (c) of
this section relative to the same offense.

(g)
If an offender is convicted of or pleads guilty to two or more
felonies, if one or more of those felonies are aggravated murder,
murder, attempted aggravated murder, attempted murder, aggravated
robbery, felonious assault, or rape, and if the offender is convicted
of or pleads guilty to a specification of the type described under
division (B)(1)(a) of this section in connection with two or more of
the felonies, the sentencing court shall impose on the offender the
prison term specified under division (B)(1)(a) of this section for
each of the two most serious specifications of which the offender is
convicted or to which the offender pleads guilty and, in its
discretion, also may impose on the offender the prison term specified
under that division for any or all of the remaining specifications.

(2)(a)
If division (B)(2)(b) of this section does not apply, the court may
impose on an offender, in addition to the longest prison term
authorized or required for the offense or, for offenses for which
division (A)(1)(a) or (2)(a) of this section applies, in addition to
the longest minimum prison term authorized or required for the
offense, an additional definite prison term of one, two, three, four,
five, six, seven, eight, nine, or ten years if all of the following
criteria are met:

(i)
The offender is convicted of or pleads guilty to a specification of
the type described in section 2941.149 of the Revised Code that the
offender is a repeat violent offender.

(ii)
The offense of which the offender currently is convicted or to which
the offender currently pleads guilty is aggravated murder and the
court does not impose a sentence of death or life imprisonment
without parole, murder, terrorism and the court does not impose a
sentence of life imprisonment without parole, any felony of the first
degree that is an offense of violence and the court does not impose a
sentence of life imprisonment without parole, or any felony of the
second degree that is an offense of violence and the trier of fact
finds that the offense involved an attempt to cause or a threat to
cause serious physical harm to a person or resulted in serious
physical harm to a person.

(iii)
The court imposes the longest prison term for the offense or the
longest minimum prison term for the offense, whichever is applicable,
that is not life imprisonment without parole.

(iv)
The court finds that the prison terms imposed pursuant to division
(B)(2)(a)(iii) of this section and, if applicable, division (B)(1) or
(3) of this section are inadequate to punish the offender and protect
the public from future crime, because the applicable factors under
section 2929.12 of the Revised Code indicating a greater likelihood
of recidivism outweigh the applicable factors under that section
indicating a lesser likelihood of recidivism.

(v)
The court finds that the prison terms imposed pursuant to division
(B)(2)(a)(iii) of this section and, if applicable, division (B)(1) or
(3) of this section are demeaning to the seriousness of the offense,
because one or more of the factors under section 2929.12 of the
Revised Code indicating that the offender's conduct is more serious
than conduct normally constituting the offense are present, and they
outweigh the applicable factors under that section indicating that
the offender's conduct is less serious than conduct normally
constituting the offense.

(b)
The court shall impose on an offender the longest prison term
authorized or required for the offense or, for offenses for which
division (A)(1)(a) or (2)(a) of this section applies, the longest
minimum prison term authorized or required for the offense, and shall
impose on the offender an additional definite prison term of one,
two, three, four, five, six, seven, eight, nine, or ten years if all
of the following criteria are met:

(i)
The offender is convicted of or pleads guilty to a specification of
the type described in section 2941.149 of the Revised Code that the
offender is a repeat violent offender.

(ii)
The offender within the preceding twenty years has been convicted of
or pleaded guilty to three or more offenses described in division
(CC)(1) of section 2929.01 of the Revised Code, including all
offenses described in that division of which the offender is
convicted or to which the offender pleads guilty in the current
prosecution and all offenses described in that division of which the
offender previously has been convicted or to which the offender
previously pleaded guilty, whether prosecuted together or separately.

(iii)
The offense or offenses of which the offender currently is convicted
or to which the offender currently pleads guilty is aggravated murder
and the court does not impose a sentence of death or life
imprisonment without parole, murder, terrorism and the court does not
impose a sentence of life imprisonment without parole, any felony of
the first degree that is an offense of violence and the court does
not impose a sentence of life imprisonment without parole, or any
felony of the second degree that is an offense of violence and the
trier of fact finds that the offense involved an attempt to cause or
a threat to cause serious physical harm to a person or resulted in
serious physical harm to a person.

(c)
For purposes of division (B)(2)(b) of this section, two or more
offenses committed at the same time or as part of the same act or
event shall be considered one offense, and that one offense shall be
the offense with the greatest penalty.

(d)
A sentence imposed under division (B)(2)(a) or (b) of this section
shall not be reduced pursuant to section 2929.20, division (A)(2) or
(3) of section 2967.193 or 2967.194, or any other provision of
Chapter 2967. or Chapter 5120. of the Revised Code. The offender
shall serve an additional prison term imposed under division
(B)(2)(a) or (b) of this section consecutively to and prior to the
prison term imposed for the underlying offense.

(e)
When imposing a sentence pursuant to division (B)(2)(a) or (b) of
this section, the court shall state its findings explaining the
imposed sentence.

(3)
Except when an offender commits a violation of section 2903.01 or
2907.02 of the Revised Code and the penalty imposed for the violation
is life imprisonment or commits a violation of section 2903.02 of the
Revised Code, if the offender commits a violation of section 2925.03
or 2925.11 of the Revised Code and that section classifies the
offender as a major drug offender, if the offender commits a
violation of section 2925.05 of the Revised Code and division (E)(1)
of that section classifies the offender as a major drug offender, if
the offender commits a felony violation of section 2925.02, 2925.04,
2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161, 4729.37, or
4729.61, division (C) or (D) of section 3719.172, division (E) of
section 4729.51, or division (J) of section 4729.54 of the Revised
Code that includes the sale, offer to sell, or possession of a
schedule I or II controlled substance, with the exception of
marihuana, and the court imposing sentence upon the offender finds
that the offender is guilty of a specification of the type described
in division (A) of section 2941.1410 of the Revised Code charging
that the offender is a major drug offender, if the court imposing
sentence upon an offender for a felony finds that the offender is
guilty of corrupt activity with the most serious offense in the
pattern of corrupt activity being a felony of the first degree, or if
the offender is guilty of an attempted violation of section 2907.02
of the Revised Code and, had the offender completed the violation of
section 2907.02 of the Revised Code that was attempted, the offender
would have been subject to a sentence of life imprisonment or life
imprisonment without parole for the violation of section 2907.02 of
the Revised Code, the court shall impose upon the offender for the
felony violation a mandatory prison term determined as described in
this division that cannot be reduced pursuant to section 2929.20,
division (A)(2) or (3) of section 2967.193 or 2967.194, or any other
provision of Chapter 2967. or 5120. of the Revised Code. The
mandatory prison term shall be the maximum definite prison term
prescribed in division (A)(1)(b) of this section for a felony of the
first degree, except that for offenses for which division (A)(1)(a)
of this section applies, the mandatory prison term shall be the
longest minimum prison term prescribed in that division for the
offense.

(4)
If the offender is being sentenced for a third or fourth degree
felony OVI offense under division (G)(2) of section 2929.13 of the
Revised Code, the sentencing court shall impose upon the offender a
mandatory prison term in accordance with that division. In addition
to the mandatory prison term, if the offender is being sentenced for
a fourth degree felony OVI offense, the court, notwithstanding
division (A)(4) of this section, may sentence the offender to a
definite prison term of not less than six months and not more than
thirty months, and if the offender is being sentenced for a third
degree felony OVI offense, the sentencing court may sentence the
offender to an additional prison term of any duration specified in
division (A)(3) of this section. In either case, the additional
prison term imposed shall be reduced by the sixty or one hundred
twenty days imposed upon the offender as the mandatory prison term.
The total of the additional prison term imposed under division (B)(4)
of this section plus the sixty or one hundred twenty days imposed as
the mandatory prison term shall equal a definite term in the range of
six months to thirty months for a fourth degree felony OVI offense
and shall equal one of the authorized prison terms specified in
division (A)(3) of this section for a third degree felony OVI
offense. If the court imposes an additional prison term under
division (B)(4) of this section, the offender shall serve the
additional prison term after the offender has served the mandatory
prison term required for the offense. In addition to the mandatory
prison term or mandatory and additional prison term imposed as
described in division (B)(4) of this section, the court also may
sentence the offender to a community control sanction under section
2929.16 or 2929.17 of the Revised Code, but the offender shall serve
all of the prison terms so imposed prior to serving the community
control sanction.

If
the offender is being sentenced for a fourth degree felony OVI
offense under division (G)(1) of section 2929.13 of the Revised Code
and the court imposes a mandatory term of local incarceration, the
court may impose a prison term as described in division (A)(1) of
that section.

(5)
If an offender is convicted of or pleads guilty to a violation of
division (A)(1) or (2) of section 2903.06 of the Revised Code and
also is convicted of or pleads guilty to a specification of the type
described in section 2941.1414 of the Revised Code that charges that
the victim of the offense is a peace officer, as defined in section
2935.01 of the Revised Code, an investigator of the bureau of
criminal identification and investigation, as defined in section
2903.11 of the Revised Code, or a firefighter or emergency medical
worker, both as defined in section 2941.1414 of the Revised Code, the
court shall impose on the offender a prison term of five years. If a
court imposes a prison term on an offender under division (B)(5) of
this section, the prison term shall not be reduced pursuant to
section 2929.20, division (A)(2) or (3) of section 2967.193 or
2967.194, or any other provision of Chapter 2967. or Chapter 5120. of
the Revised Code. A court shall not impose more than one prison term
on an offender under division (B)(5) of this section for felonies
committed as part of the same act.

(6)
If an offender is convicted of or pleads guilty to a violation of
division (A)(1) or (2) of section 2903.06 of the Revised Code and
also is convicted of or pleads guilty to a specification of the type
described in section 2941.1415 of the Revised Code that charges that
the offender previously has been convicted of or pleaded guilty to
three or more violations of division (A) of section 4511.19 of the
Revised Code or an equivalent offense, as defined in section
2941.1415 of the Revised Code, or three or more violations of any
combination of those offenses, the court shall impose on the offender
a prison term of three years. If a court imposes a prison term on an
offender under division (B)(6) of this section, the prison term shall
not be reduced pursuant to section 2929.20, division (A)(2) or (3) of
section 2967.193 or 2967.194, or any other provision of Chapter 2967.
or Chapter 5120. of the Revised Code. A court shall not impose more
than one prison term on an offender under division (B)(6) of this
section for felonies committed as part of the same act.

(7)(a)
If an offender is convicted of or pleads guilty to a felony violation
of section 2905.01, 2905.02, 2907.21, 2907.22, or 2923.32, division
(A)(1) or (2) of section 2907.323 involving a minor, or division
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised Code
and also is convicted of or pleads guilty to a specification of the
type described in section 2941.1422 of the Revised Code that charges
that the offender knowingly committed the offense in furtherance of
human trafficking, the court shall impose on the offender a mandatory
prison term that is one of the following:

(i)
If the offense is a felony of the first degree, a definite prison
term of not less than five years and not greater than eleven years,
except that if the offense is a felony of the first degree committed
on or after March 22, 2019, the court shall impose as the minimum
prison term a mandatory term of not less than five years and not
greater than eleven years;

(ii)
If the offense is a felony of the second or third degree, a definite
prison term of not less than three years and not greater than the
maximum prison term allowed for the offense by division (A)(2)(b) or
(3) of this section, except that if the offense is a felony of the
second degree committed on or after March 22, 2019, the court shall
impose as the minimum prison term a mandatory term of not less than
three years and not greater than eight years;

(iii)
If the offense is a felony of the fourth or fifth degree, a definite
prison term that is the maximum prison term allowed for the offense
by division (A) of section 2929.14 of the Revised Code.

(b)
The prison term imposed under division (B)(7)(a) of this section
shall not be reduced pursuant to section 2929.20, division (A)(2) or
(3) of section 2967.193 or 2967.194, or any other provision of
Chapter 2967. of the Revised Code. A court shall not impose more than
one prison term on an offender under division (B)(7)(a) of this
section for felonies committed as part of the same act, scheme, or
plan.

(8)
If an offender is convicted of or pleads guilty to a felony violation
of section 2903.11, 2903.12, or 2903.13 of the Revised Code and also
is convicted of or pleads guilty to a specification of the type
described in section 2941.1423 of the Revised Code that charges that
the victim of the violation was a woman whom the offender knew was
pregnant at the time of the violation, notwithstanding the range
prescribed in division (A) of this section as the definite prison
term or minimum prison term for felonies of the same degree as the
violation, the court shall impose on the offender a mandatory prison
term that is either a definite prison term of six months or one of
the prison terms prescribed in division (A) of this section for
felonies of the same degree as the violation, except that if the
violation is a felony of the first or second degree committed on or
after March 22, 2019, the court shall impose as the minimum prison
term under division (A)(1)(a) or (2)(a) of this section a mandatory
term that is one of the terms prescribed in that division, whichever
is applicable, for the offense.

(9)(a)
If an offender is convicted of or pleads guilty to a violation of
division (A)(1) or (2) of section 2903.11 of the Revised Code and
also is convicted of or pleads guilty to a specification of the type
described in section 2941.1425 of the Revised Code, the court shall
impose on the offender a mandatory prison term of six years if either
of the following applies:

(i)
The violation is a violation of division (A)(1) of section 2903.11 of
the Revised Code and the specification charges that the offender used
an accelerant in committing the violation and the serious physical
harm to another or to another's unborn caused by the violation
resulted in a permanent, serious disfigurement or permanent,
substantial incapacity;

(ii)
The violation is a violation of division (A)(2) of section 2903.11 of
the Revised Code and the specification charges that the offender used
an accelerant in committing the violation, that the violation caused
physical harm to another or to another's unborn, and that the
physical harm resulted in a permanent, serious disfigurement or
permanent, substantial incapacity.

(b)
If a court imposes a prison term on an offender under division
(B)(9)(a) of this section, the prison term shall not be reduced
pursuant to section 2929.20, division (A)(2) or (3) of section
2967.193 or 2967.194, or any other provision of Chapter 2967. or
Chapter 5120. of the Revised Code. A court shall not impose more than
one prison term on an offender under division (B)(9) of this section
for felonies committed as part of the same act.

(c)
The provisions of divisions (B)(9) and (C)(6) of this section and of
division (D)(2) of section 2903.11, division (F)(20) of section
2929.13, and section 2941.1425 of the Revised Code shall be known as
"Judy's Law."

(10)
If an offender is convicted of or pleads guilty to a violation of
division (A) of section 2903.11 of the Revised Code and also is
convicted of or pleads guilty to a specification of the type
described in section 2941.1426 of the Revised Code that charges that
the victim of the offense suffered permanent disabling harm as a
result of the offense and that the victim was under
ten

eighteen

years
of age
or
over sixty-five years of age
at
the time of the offense, regardless of whether the offender knew the
age of the victim, the court shall impose upon the offender an
additional definite prison term of
six

ten

years.
A prison term imposed on an offender under division (B)(10) of this
section shall not be reduced pursuant to section 2929.20, division
(A)(2) or (3) of section 2967.193 or 2967.194, or any other provision
of Chapter 2967. or Chapter 5120. of the Revised Code. If a court
imposes an additional prison term on an offender under this division
relative to a violation of division (A) of section 2903.11 of the
Revised Code, the court shall not impose any other additional prison
term on the offender relative to the same offense.

(11)
If an offender is convicted of or pleads guilty to a felony violation
of section 2925.03 or 2925.05 of the Revised Code or a felony
violation of section 2925.11 of the Revised Code for which division
(C)(11) of that section applies in determining the sentence for the
violation, if the drug involved in the violation is a
fentanyl-related compound or a compound, mixture, preparation, or
substance containing a fentanyl-related compound, and if the offender
also is convicted of or pleads guilty to a specification of the type
described in division (B) of section 2941.1410 of the Revised Code
that charges that the offender is a major drug offender, in addition
to any other penalty imposed for the violation, the court shall
impose on the offender a mandatory prison term of three, four, five,
six, seven, or eight years. If a court imposes a prison term on an
offender under division (B)(11) of this section, the prison term
shall not be reduced pursuant to section 2929.20, division (A)(2) or
(3) of section 2967.193 or 2967.194, or any other provision of
Chapter 2967. or 5120. of the Revised Code. A court shall not impose
more than one prison term on an offender under division (B)(11) of
this section for felonies committed as part of the same act.

(C)(1)(a)
Subject to division (C)(1)(b) of this section, if a mandatory prison
term is imposed upon an offender pursuant to division (B)(1)(a) of
this section for having a firearm on or about the offender's person
or under the offender's control while committing a felony, if a
mandatory prison term is imposed upon an offender pursuant to
division (B)(1)(c) of this section for committing a felony specified
in that division by discharging a firearm from a motor vehicle, or if
both types of mandatory prison terms are imposed, the offender shall
serve any mandatory prison term imposed under either division
consecutively to any other mandatory prison term imposed under either
division or under division (B)(1)(d) of this section, consecutively
to and prior to any prison term imposed for the underlying felony
pursuant to division (A), (B)(2), or (B)(3) of this section or any
other section of the Revised Code, and consecutively to any other
prison term or mandatory prison term previously or subsequently
imposed upon the offender.

(b)
If a mandatory prison term is imposed upon an offender pursuant to
division (B)(1)(d) of this section for wearing or carrying body armor
while committing an offense of violence that is a felony, the
offender shall serve the mandatory term so imposed consecutively to
any other mandatory prison term imposed under that division or under
division (B)(1)(a) or (c) of this section, consecutively to and prior
to any prison term imposed for the underlying felony under division
(A), (B)(2), or (B)(3) of this section or any other section of the
Revised Code, and consecutively to any other prison term or mandatory
prison term previously or subsequently imposed upon the offender.

(c)
If a mandatory prison term is imposed upon an offender pursuant to
division (B)(1)(f) of this section, the offender shall serve the
mandatory prison term so imposed consecutively to and prior to any
prison term imposed for the underlying felony under division (A),
(B)(2), or (B)(3) of this section or any other section of the Revised
Code, and consecutively to any other prison term or mandatory prison
term previously or subsequently imposed upon the offender.

(d)
If a mandatory prison term is imposed upon an offender pursuant to
division (B)(7) or (8) of this section, the offender shall serve the
mandatory prison term so imposed consecutively to any other mandatory
prison term imposed under that division or under any other provision
of law and consecutively to any other prison term or mandatory prison
term previously or subsequently imposed upon the offender.

(e)
If a mandatory prison term is imposed upon an offender pursuant to
division (B)(11) of this section, the offender shall serve the
mandatory prison term consecutively to any other mandatory prison
term imposed under that division, consecutively to and prior to any
prison term imposed for the underlying felony, and consecutively to
any other prison term or mandatory prison term previously or
subsequently imposed upon the offender.

(2)
If an offender who is an inmate in a jail, prison, or other
residential detention facility violates section 2917.02, 2917.03, or
2921.35 of the Revised Code or division (A)(1) or (2) of section
2921.34 of the Revised Code, if an offender who is under detention at
a detention facility commits a felony violation of section 2923.131
of the Revised Code, or if an offender who is an inmate in a jail,
prison, or other residential detention facility or is under detention
at a detention facility commits another felony while the offender is
an escapee in violation of division (A)(1) or (2) of section 2921.34
of the Revised Code, any prison term imposed upon the offender for
one of those violations shall be served by the offender consecutively
to the prison term or term of imprisonment the offender was serving
when the offender committed that offense and to any other prison term
previously or subsequently imposed upon the offender.

(3)
If a prison term is imposed for a violation of division (B) of
section 2911.01 of the Revised Code, a violation of division (A) of
section 2913.02 of the Revised Code in which the stolen property is a
firearm or dangerous ordnance, or a felony violation of division (B)
of section 2921.331 of the Revised Code, the offender shall serve
that prison term consecutively to any other prison term or mandatory
prison term previously or subsequently imposed upon the offender.

(4)
If multiple prison terms are imposed on an offender for convictions
of multiple offenses, the court may require the offender to serve the
prison terms consecutively if the court finds that the consecutive
service is necessary to protect the public from future crime or to
punish the offender and that consecutive sentences are not
disproportionate to the seriousness of the offender's conduct and to
the danger the offender poses to the public, and if the court also
finds any of the following:

(a)
The offender committed one or more of the multiple offenses while the
offender was awaiting trial or sentencing, was under a sanction
imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the
Revised Code, or was under post-release control for a prior offense.

(b)
At least two of the multiple offenses were committed as part of one
or more courses of conduct, and the harm caused by two or more of the
multiple offenses so committed was so great or unusual that no single
prison term for any of the offenses committed as part of any of the
courses of conduct adequately reflects the seriousness of the
offender's conduct.

(c)
The offender's history of criminal conduct demonstrates that
consecutive sentences are necessary to protect the public from future
crime by the offender.

(5)
If a mandatory prison term is imposed upon an offender pursuant to
division (B)(5) or (6) of this section, the offender shall serve the
mandatory prison term consecutively to and prior to any prison term
imposed for the underlying violation of division (A)(1) or (2) of
section 2903.06 of the Revised Code pursuant to division (A) of this
section or section 2929.142 of the Revised Code. If a mandatory
prison term is imposed upon an offender pursuant to division (B)(5)
of this section, and if a mandatory prison term also is imposed upon
the offender pursuant to division (B)(6) of this section in relation
to the same violation, the offender shall serve the mandatory prison
term imposed pursuant to division (B)(5) of this section
consecutively to and prior to the mandatory prison term imposed
pursuant to division (B)(6) of this section and consecutively to and
prior to any prison term imposed for the underlying violation of
division (A)(1) or (2) of section 2903.06 of the Revised Code
pursuant to division (A) of this section or section 2929.142 of the
Revised Code.

(6)
If a mandatory prison term is imposed on an offender pursuant to
division (B)(9) of this section, the offender shall serve the
mandatory prison term consecutively to and prior to any prison term
imposed for the underlying violation of division (A)(1) or (2) of
section 2903.11 of the Revised Code and consecutively to and prior to
any other prison term or mandatory prison term previously or
subsequently imposed on the offender.

(7)
If a mandatory prison term is imposed on an offender pursuant to
division (B)(10) of this section, the offender shall serve that
mandatory prison term consecutively to and prior to any prison term
imposed for the underlying felonious assault. Except as otherwise
provided in division (C) of this section, any other prison term or
mandatory prison term previously or subsequently imposed upon the
offender may be served concurrently with, or consecutively to, the
prison term imposed pursuant to division (B)(10) of this section.

(8)
Any prison term imposed for a violation of section 2903.04 of the
Revised Code that is based on a violation of section 2925.03 or
2925.11 of the Revised Code or on a violation of section 2925.05 of
the Revised Code that is not funding of marihuana trafficking shall
run consecutively to any prison term imposed for the violation of
section 2925.03 or 2925.11 of the Revised Code or for the violation
of section 2925.05 of the Revised Code that is not funding of
marihuana trafficking.

(9)
When consecutive prison terms are imposed pursuant to division
(C)(1), (2), (3), (4), (5), (6), (7), or (8) or division (H)(1) or
(2) of this section, subject to division (C)(10) of this section, the
term to be served is the aggregate of all of the terms so imposed.

(10)
When a court sentences an offender to a non-life felony indefinite
prison term, any definite prison term or mandatory definite prison
term previously or subsequently imposed on the offender in addition
to that indefinite sentence that is required to be served
consecutively to that indefinite sentence shall be served prior to
the indefinite sentence.

(11)
If a court is sentencing an offender for a felony of the first or
second degree, if division (A)(1)(a) or (2)(a) of this section
applies with respect to the sentencing for the offense, and if the
court is required under the Revised Code section that sets forth the
offense or any other Revised Code provision to impose a mandatory
prison term for the offense, the court shall impose the required
mandatory prison term as the minimum term imposed under division
(A)(1)(a) or (2)(a) of this section, whichever is applicable.

(D)(1)
If a court imposes a prison term, other than a term of life
imprisonment, for a felony of the first degree, for a felony of the
second degree, for a felony sex offense, or for a felony of the third
degree that is an offense of violence and that is not a felony sex
offense, it shall include in the sentence a requirement that the
offender be subject to a period of post-release control after the
offender's release from imprisonment, in accordance with section
2967.28 of the Revised Code. If a court imposes a sentence including
a prison term of a type described in this division on or after July
11, 2006, the failure of a court to include a post-release control
requirement in the sentence pursuant to this division does not
negate, limit, or otherwise affect the mandatory period of
post-release control that is required for the offender under division
(B) of section 2967.28 of the Revised Code. Section 2929.191 of the
Revised Code applies if, prior to July 11, 2006, a court imposed a
sentence including a prison term of a type described in this division
and failed to include in the sentence pursuant to this division a
statement regarding post-release control.

(2)
If a court imposes a prison term for a felony of the third, fourth,
or fifth degree that is not subject to division (D)(1) of this
section, it shall include in the sentence a requirement that the
offender be subject to a period of post-release control after the
offender's release from imprisonment, in accordance with that
division, if the parole board determines that a period of
post-release control is necessary. Section 2929.191 of the Revised
Code applies if, prior to July 11, 2006, a court imposed a sentence
including a prison term of a type described in this division and
failed to include in the sentence pursuant to this division a
statement regarding post-release control.

(E)
The court shall impose sentence upon the offender in accordance with
section 2971.03 of the Revised Code, and Chapter 2971. of the Revised
Code applies regarding the prison term or term of life imprisonment
without parole imposed upon the offender and the service of that term
of imprisonment if any of the following apply:

(1)
A person is convicted of or pleads guilty to a violent sex offense or
a designated homicide, assault, or kidnapping offense, and, in
relation to that offense, the offender is adjudicated a sexually
violent predator.

(2)
A person is convicted of or pleads guilty to a violation of division
(A)(1)(b) of section 2907.02 of the Revised Code committed on or
after January 2, 2007, and either the court does not impose a
sentence of life without parole when authorized pursuant to division
(B) of section 2907.02 of the Revised Code, or division (B) of
section 2907.02 of the Revised Code provides that the court shall not
sentence the offender pursuant to section 2971.03 of the Revised
Code.

(3)
A person is convicted of or pleads guilty to attempted rape committed
on or after January 2, 2007, and a specification of the type
described in section 2941.1418, 2941.1419, or 2941.1420 of the
Revised Code.

(4)
A person is convicted of or pleads guilty to a violation of section
2905.01 of the Revised Code committed on or after January 1, 2008,
and that section requires the court to sentence the offender pursuant
to section 2971.03 of the Revised Code.

(5)
A person is convicted of or pleads guilty to aggravated murder
committed on or after January 1, 2008, and division (A)(2)(b)(ii) of
section 2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii),
(D)(2)(b), (D)(3)(a)(iv), or (E)(1)(a)(iv) of section 2929.03, or
division (A) or (B) of section 2929.06 of the Revised Code requires
the court to sentence the offender pursuant to division (B)(3) of
section 2971.03 of the Revised Code.

(6)
A person is convicted of or pleads guilty to murder committed on or
after January 1, 2008, and division (B)(2) of section 2929.02 of the
Revised Code requires the court to sentence the offender pursuant to
section 2971.03 of the Revised Code.

(F)
If a person who has been convicted of or pleaded guilty to a felony
is sentenced to a prison term or term of imprisonment under this
section, sections 2929.02 to 2929.06 of the Revised Code, section
2929.142 of the Revised Code, section 2971.03 of the Revised Code, or
any other provision of law, section 5120.163 of the Revised Code
applies regarding the person while the person is confined in a state
correctional institution.

(G)
If an offender who is convicted of or pleads guilty to a felony that
is an offense of violence also is convicted of or pleads guilty to a
specification of the type described in section 2941.142 of the
Revised Code that charges the offender with having committed the
felony while participating in a criminal gang, the court shall impose
upon the offender an additional prison term of one, two, or three
years.

(H)(1)
If an offender who is convicted of or pleads guilty to aggravated
murder, murder, or a felony of the first, second, or third degree
that is an offense of violence also is convicted of or pleads guilty
to a specification of the type described in section 2941.143 of the
Revised Code that charges the offender with having committed the
offense in a school safety zone or towards a person in a school
safety zone, the court shall impose upon the offender an additional
prison term of two years. The offender shall serve the additional two
years consecutively to and prior to the prison term imposed for the
underlying offense.

(2)(a)
If an offender is convicted of or pleads guilty to a felony violation
of section 2907.22, 2907.24, 2907.241, or 2907.25 of the Revised Code
and to a specification of the type described in section 2941.1421 of
the Revised Code and if the court imposes a prison term on the
offender for the felony violation, the court may impose upon the
offender an additional prison term as follows:

(i)
Subject to division (H)(2)(a)(ii) of this section, an additional
prison term of one, two, three, four, five, or six months;

(ii)
If the offender previously has been convicted of or pleaded guilty to
one or more felony or misdemeanor violations of section 2907.22,
2907.23, 2907.24, 2907.241, or 2907.25 of the Revised Code and also
was convicted of or pleaded guilty to a specification of the type
described in section 2941.1421 of the Revised Code regarding one or
more of those violations, an additional prison term of one, two,
three, four, five, six, seven, eight, nine, ten, eleven, or twelve
months.

(b)
In lieu of imposing an additional prison term under division
(H)(2)(a) of this section, the court may directly impose on the
offender a sanction that requires the offender to wear a real-time
processing, continual tracking electronic monitoring device during
the period of time specified by the court. The period of time
specified by the court shall equal the duration of an additional
prison term that the court could have imposed upon the offender under
division (H)(2)(a) of this section. A sanction imposed under this
division shall commence on the date specified by the court, provided
that the sanction shall not commence until after the offender has
served the prison term imposed for the felony violation of section
2907.22, 2907.24, 2907.241, or 2907.25 of the Revised Code and any
residential sanction imposed for the violation under section 2929.16
of the Revised Code. A sanction imposed under this division shall be
considered to be a community control sanction for purposes of section
2929.15 of the Revised Code, and all provisions of the Revised Code
that pertain to community control sanctions shall apply to a sanction
imposed under this division, except to the extent that they would by
their nature be clearly inapplicable. The offender shall pay all
costs associated with a sanction imposed under this division,
including the cost of the use of the monitoring device.

(I)
At the time of sentencing, the court may recommend the offender for
placement in a program of shock incarceration under section 5120.031
of the Revised Code or for placement in an intensive program prison
under section 5120.032 of the Revised Code, disapprove placement of
the offender in a program of shock incarceration or an intensive
program prison of that nature, or make no recommendation on placement
of the offender. In no case shall the department of rehabilitation
and correction place the offender in a program or prison of that
nature unless the department determines as specified in section
5120.031 or 5120.032 of the Revised Code, whichever is applicable,
that the offender is eligible for the placement.

If
the court disapproves placement of the offender in a program or
prison of that nature, the department of rehabilitation and
correction shall not place the offender in any program of shock
incarceration or intensive program prison.

If
the court recommends placement of the offender in a program of shock
incarceration or in an intensive program prison, and if the offender
is subsequently placed in the recommended program or prison, the
department shall notify the court of the placement and shall include
with the notice a brief description of the placement.

If
the court recommends placement of the offender in a program of shock
incarceration or in an intensive program prison and the department
does not subsequently place the offender in the recommended program
or prison, the department shall send a notice to the court indicating
why the offender was not placed in the recommended program or prison.

If
the court does not make a recommendation under this division with
respect to an offender and if the department determines as specified
in section 5120.031 or 5120.032 of the Revised Code, whichever is
applicable, that the offender is eligible for placement in a program
or prison of that nature, the department shall screen the offender
and determine if there is an available program of shock incarceration
or an intensive program prison for which the offender is suited. If
there is an available program of shock incarceration or an intensive
program prison for which the offender is suited, the department shall
notify the court of the proposed placement of the offender as
specified in section 5120.031 or 5120.032 of the Revised Code and
shall include with the notice a brief description of the placement.
The court shall have ten days from receipt of the notice to
disapprove the placement.

(J)
If a person is convicted of or pleads guilty to aggravated vehicular
homicide in violation of division (A)(1) of section 2903.06 of the
Revised Code and division (B)(2)(c) or (d) of that section applies,
the person shall be sentenced pursuant to section 2929.142 of the
Revised Code.

(K)(1)
The court shall impose an additional mandatory prison term of two,
three, four, five, six, seven, eight, nine, ten, or eleven years on
an offender who is convicted of or pleads guilty to a violent felony
offense if the offender also is convicted of or pleads guilty to a
specification of the type described in section 2941.1424 of the
Revised Code that charges that the offender is a violent career
criminal and had a firearm on or about the offender's person or under
the offender's control while committing the presently charged violent
felony offense and displayed or brandished the firearm, indicated
that the offender possessed a firearm, or used the firearm to
facilitate the offense. The offender shall serve the prison term
imposed under this division consecutively to and prior to the prison
term imposed for the underlying offense. The prison term shall not be
reduced pursuant to section 2929.20, division (A)(2) or (3) of
section 2967.193 or 2967.194, or any other provision of Chapter 2967.
or 5120. of the Revised Code. A court may not impose more than one
sentence under division (B)(2)(a) of this section and this division
for acts committed as part of the same act or transaction.

(2)
As used in division (K)(1) of this section, "violent career
criminal" and "violent felony offense" have the same
meanings as in section 2923.132 of the Revised Code.

(L)
If an offender receives or received a sentence of life imprisonment
without parole, a sentence of life imprisonment, a definite sentence,
or a sentence to an indefinite prison term under this chapter for a
felony offense that was committed when the offender was under
eighteen years of age, the offender's parole eligibility shall be
determined under section 2967.132 of the Revised Code.

Sec.
2941.1426.
(A)
Imposition of a mandatory prison term of
six

ten

years
upon an offender under division (B)(10) of section 2929.14 of the
Revised Code is precluded unless the offender is convicted of or
pleads guilty to a violation of division (A) of section 2903.11 of
the Revised Code and unless the indictment, count, or information
charging the offense specifies that the victim of the offense
suffered permanent disabling harm as a result of the offense and that
the victim was under
ten

eighteen

years
of age
or
over sixty-five years of age
at
the time of the offense, regardless of whether the offender knew the
age of the victim. The specification shall be stated at the end of
the body of the indictment, count, or information and shall be stated
in substantially the following form:

"SPECIFICATION
(or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert
the person's or the prosecuting attorney's name when appropriate)
further find and specify that (set forth that the victim of the
offense suffered permanent disabling harm as a result of the offense
and that the victim was under
ten

eighteen

years
of age
or
over sixty-five years of age
at
the time of the offense, regardless of whether the offender knew the
age of the victim)."

(B)
Imposition of a mandatory prison term of
six

ten

years
upon an offender under division (B)(10) of section 2929.14 of the
Revised Code is precluded if a court imposes any other additional
prison term on the offender relative to the same offense.

(C)
As used in this section, "permanent disabling harm" has the
same meaning as in section 2929.01 of the Revised Code.

Sec.
5153.122.
Each
PCSA caseworker hired after January 1, 2007, shall complete
in-service training during the first year of the caseworker's
continuous employment as a PCSA caseworker, except that the executive
director of the public children services agency may waive the
training requirement for a school of social work graduate who
participated in the university partnership program described in
division (E) of section 5180.42 of the Revised Code and as provided
in section 5153.124 of the Revised Code. The training shall consist
of courses in all of the following:

(A)
Recognizing, accepting reports of, and preventing child abuse,
neglect, and dependency;

(B)
Assessing child safety;

(C)
Assessing risks;

(D)

Safety
and risk assessments for youth with disabilities;

(E)

Interviewing
persons
,
including individuals with developmental, communication, and other
disabilities; interviewing techniques using telephone,
videoconferencing or any similar form technology; and analytical
skills to improve interviewing skills
;

(E)
(F)

Investigating cases;

(F)
(G)

Intervening;

(G)
(H)

Providing services to children and their families;

(H)
(I)

The importance of and need for accurate data;

(I)
(J)

Preparation for court;

(J)
(K)

Maintenance of case record information;

(K)
(L)

The legal duties of PCSA caseworkers to protect the constitutional
and statutory rights of children and families from the initial time
of contact during investigation through treatment, including
instruction regarding parents' rights and the limitations that the
Fourth Amendment to the United States Constitution places upon
caseworkers and their investigations;

(L)
(M)

Content on other topics relevant to child abuse, neglect, and
dependency, including permanency strategies, concurrent planning, and
adoption as an option for unintended pregnancies.

After
a PCSA caseworker's first year of continuous employment as a PCSA
caseworker, the caseworker annually shall complete thirty-six hours
of training in areas relevant to the caseworker's assigned duties.

During
the first two years of continuous employment as a PCSA caseworker,
each PCSA caseworker shall complete training in recognizing the signs
of domestic violence and its relationship to child abuse as
established in rules the director of children and youth shall adopt
pursuant to 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

behavioral

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 when referring a family for
prevention services under division (J) of section 2151.421 of the
Revised Code.

(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 5180.42 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) 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 5180.52 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.

(25)(a)
For a child who is in the custody of the public children services
agency and is under the age of five years old, is a child with a
developmental disability, as defined in section 5123.01 of the
Revised Code, or is a child placed in a treatment foster home or
medically fragile foster home, as defined in section 5103.02 of the
Revised Code, conduct visits as follows to determine the well-being
of the child:

(i)
One face-to-face visit with the child and substitute caregiver within
the substitute care setting during the first week of placement, not
including the first day of placement;

(ii)
One face-to-face visit with the child and the substitute caregiver
twice monthly, not within the same week;

(iii)
One visit with the child via videoconferencing or any similar form of
technology a minimum of once a week during the weeks when a
face-to-face visit is not required under division (A)(25)(a)(ii) of
this section, except the agency shall arrange a visit between the
child and a service provider involved in the child's case plan via
telephone, videoconferencing, or any similar form of technology when
a caseworker is unable to visit under this division.

(b)
A caseworker employed by the agency that has full responsibility for
case planning and case management of the child's case shall conduct
at least one of the monthly visits required under division
(A)(25)(a)(ii) of this section. Any other visits may be conducted by
a caseworker employed by another agency contracted by the agency that
has full responsibility for case planning and case management of the
child's case to provide services for the case.

(26)
For an in-home safety plan, conduct weekly home visits in which the
agency shall do both of the following:

(a)
Make face-to-face contact with each child identified in the safety
plan and each parent, guardian, or custodian residing in the home;

(b)
Complete an assessment of the active safety threats.

(27)
For an out-of-home safety plan, do all of the following:

(a)
Have weekly contact with the children or persons responsible for the
action steps to control active safety threats;

(b)
Have face-to-face contact with each child and responsible party
involved every other week;

(c)
Complete an assessment of the active safety threats during each
visit.

(28)
Require additional oversight of a case by a supervisory team decision
process, including a risk and vulnerability review, at the following
key decision points:

(a)
Screen decisions involving any of the following:

(i)
Infants under one year of age;

(ii)
Children who are at least one year of age but less than five years of
age who have been the subject of a substantiated report of abuse or
neglect;

(iii)
Children or a sibling of a child who has experienced a substantiated
or indicated near fatality.

(b)
Prior to closing an investigation or assessment and prior to
implementation of a reunification plan involving any of the
following:

(i)
Children who are five years of age and younger;

(ii)
Children with a known disability.

(c)
Upon the receipt of a new report of abuse or neglect involving a
child with an open case plan.

(29)
Report to the department of children and youth when children who are
five years of age or younger under an out-of-home safety plan are the
subject of a second report of abuse or neglect.

(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.

(D)
The director of children and youth may adopt rules to broaden the
types of children to whom divisions (A)(28) and (29) of this section
apply.

Sec.
5180.09.
(A)
Except as provided in division (B) of this section, the department of
children and youth shall develop a public electronic dashboard to
publish, by county, on a monthly basis the following data reported to
the department:

(1)
The number of children residing in the county;

(2)
The number of children in the custody of a public children services
agency or private child placing agency;

(3)
The number of children in each placement type, including children who
are placed in another state;

(4)
The average length of stay for a child in each placement type.

(B)
The department shall not publish data, including data in the
aggregate, if the number of children in division (A)(1), (2), or (3)
of this section is fewer than ten children.

(C)
The department shall post the data publicly and submit a copy of the
data to each board of county commissioners monthly.

Section
2.
That
existing sections 2151.412, 2151.421, 2151.423, 2151.429, 2151.467,
2151.468, 2903.01, 2903.11, 2919.22, 2929.13, 2929.14, 2941.1426,
5153.122, and 5153.16 of the Revised Code are hereby repealed.

Section
3.
This
act shall be known as the Child Protection Reform Act.

Section
4.
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
following sections, presented in this act as composites of the
sections as amended by the acts indicated, are the resulting versions
of the sections in effect prior to the effective date of the sections
as presented in this act:

Section
2903.11 of the Revised Code as amended by both S.B. 20 and S.B. 201
of the 132nd General Assembly.

Section
2929.14 of the Revised Code as amended by H.B. 37, H.B. 56, H.B. 111,
and S.B. 106, all of the 135th General Assembly.