Ohio Revised Code Search
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Section 5103.0317 | Limit of children in foster home.
...The director of children and youth shall adopt rules concerning the maximum number of children a foster home may receive and any exceptions to the maximum number. |
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Section 5103.0318 | Applicability of zoning laws.
...Any certified foster home shall be considered to be a residential use of property for purposes of municipal, county, and township zoning and shall be a permitted use in all zoning districts in which residential uses are permitted. No municipal, county, or township zoning regulation shall require a conditional permit or any other special exception certification for any certified foster home. |
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Section 5103.0319 | Notification of conviction of certain offenses by foster child.
...has been adjudicated to be a delinquent child for committing an act that if committed by an adult would have constituted such a violation: (1) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321... |
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Section 5103.0320 | Denying certificate based on misconduct of resident.
...The department of children and youth may deny a foster home certificate on the grounds that a person at least twelve years of age but less than eighteen years of age residing with the foster caregiver or prospective foster caregiver has been convicted of or pleaded guilty to an offense described in division (A) of section 5103.0319 of the Revised Code or has been adjudicated to be a delinquent child for committing an... |
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Section 5103.0322 | Notice to applicant or certificate holder of decisions.
...ceipt of a recommendation from a public children services agency, private child placing agency, or private noncustodial agency regarding an application for a family foster home or treatment foster home certification under section 5103.03 of the Revised Code, the department of children and youth shall decide whether to issue the certificate. The department shall notify the agency and the applicant of its decision. If ... |
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Section 5103.0323 | Audit prior to renewal of certificate.
...t every two years thereafter, a private child placing agency or private noncustodial agency shall provide the department of children and youth evidence of an independent financial statement audit performed by a licensed public accounting firm following applicable AICPA auditing standards for the two most recent fiscal years. (C) The independent audits must demonstrate that the agency operated in a fiscally account... |
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Section 5103.0324 | Assessor to conduct home study.
...A public children services agency, private child placing agency, or private noncustodial agency to which the duty to inspect and approve a family foster home or treatment foster home has been delegated under section 5103.03 of the Revised Code shall provide for an assessor who meets the requirements of section 3107.014 of the Revised Code to conduct a home study of the home. |
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Section 5103.0326 | Nonrenewals based on refusals to accept children.
...cy may recommend that the department of children and youth revoke a foster home certificate under section 5103.03 of the Revised Code if the foster caregiver refused to accept the placement of any children into the foster home during the preceding twelve months. Based on the agency's recommendation, the department may revoke a foster home certificate pursuant to an adjudication under Chapter 119. of the Revised Code.... |
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Section 5103.0327 | Physical examinations.
...Any physical examination required in the determination of foster home placement may be conducted by any individual authorized by the Revised Code to conduct physical examinations, including a physician assistant, a clinical nurse specialist, a certified nurse practitioner, or a certified nurse-midwife. Any written documentation of the physical examination shall be completed by the individual who conducted the examina... |
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Section 5103.0328 | Notice of arrest or conviction of foster caregiver.
...isqualifying offense, the department of children and youth shall provide notice of that arrest, conviction, or guilty plea to both the recommending agency relative to the foster caregiver and the custodial agency of any child currently placed with that caregiver. (B) If a recommending agency receives notice from the department of children and youth pursuant to division (A) of this section that a foster caregiver h... |
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Section 5103.0329 | Waiver of non-safety standards for kinship caregivers seeking foster home certification.
...y submit a request to the department of children and youth, on a case-by-case basis only, to waive any non-safety standards for a kinship caregiver seeking foster home certification. Non-safety standards include training hours and other requirements under sections 5103.031 and 5103.032 of the Revised Code and standards established by rules adopted under sections 5103.03 and 5103.0316 of the Revised Code, in accordanc... |
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Section 5103.04 | Articles of incorporation to be filed with department of children and youth.
...ndent, neglected, abused, or delinquent children, or the placing of such children in private homes, shall be incorporated unless the proposed articles of incorporation have been submitted first to the department of children and youth. The secretary of state shall not issue a certificate of incorporation to such association until there is filed in the secretary of state's office the certificate of the department that ... |
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Section 5103.051 | Community engagement plan.
...(A) Each private child placing agency, private noncustodial agency, public children services agency, or superintendent of a county or district children's home shall establish a community engagement plan in accordance with rules adopted under division (B) of this section for each residential facility the agency, entity, or superintendent operates. (B) The department of children and youth shall adopt rules in accord... |
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Section 5103.052 | Residential facility - applicability.
...l facility that is operated by a public children services agency, private child placing agency, private noncustodial agency, or superintendent of a county or district children's home for the placement of foster children. |
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Section 5103.053 | Residential facility criminal records check.
...s a waiver requested by the director of children and youth to allow conditional appointment or employment in a residential facility, an appointing or hiring officer may appoint or employ conditionally a person before obtaining the results of a criminal records check regarding the person, provided that the officer shall request a criminal records check regarding the person under division (A) of this section before the... |
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Section 5103.054 | Review of residential facility locations.
...date of this section, the department of children and youth shall adopt rules in accordance with Chapter 119. of the Revised Code that do all of the following: (A) Divide the state into regions; (B) Determine an ideal number of residential facilities for each region by reviewing the total number of children in foster care in the region requiring care in a residential facility within the past three years; (C) Est... |
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Section 5103.055 | Communications regarding a residential facility.
...e date of this section, the director of children and youth shall adopt rules in accordance with Chapter 119. of the Revised Code to establish both of the following: (A) A procedure for individuals in a community in which a residential facility is located to communicate concerns, complaints, or other pertinent information to the department regarding the facility; (B) Standards for tracking and retaining communica... |
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Section 5103.056 | Evidence of corrective action after violation.
...If the department of children and youth has determined that a residential facility has violated a requirement for certification and issues a corrective action plan for the facility to remedy the violation, the operator of the facility shall provide documentary evidence of the correction. Self-attestation of the correction without documentary evidence shall not be sufficient proof of correction of the violation. |
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Section 5103.057 | Revocation of conditional use permit.
...action plan issued by the department of children and youth for a finding of noncompliance. The department may provide notification of the failure to fulfill the requirements of a corrective action plan to the county, township, or municipal corporation. (B) The county, township, or municipal corporation shall notify the holder of the permit either by certified mail or, if the county, township, or municipal corporati... |
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Section 5103.058 | Annual compliance visit.
...(A) The department of children and youth shall conduct a site visit of a residential facility at least annually to ensure certification compliance. The department may conduct a site visit more than once a year in accordance with rules adopted under division (B) of this section. The department is not required to provide advance notification to the residential facility of a site visit. (B) Not later than ninety days ... |
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Section 5103.0510 | Residential facility 24-hour emergency on-call procedure.
...nders regarding emergencies involving a child under the care and supervision of the facility. |
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Section 5103.0512 | Annual staff survey and review.
... annually thereafter, the department of children and youth shall survey staff of all residential facilities and of public children services agencies and private child placing agencies working with children under the care and supervision of residential facilities regarding the status of these children. The survey shall examine concerns regarding residential facility operations, the children residing in the facility, a... |
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Section 5103.0520 | Requirements for group homes.
...has the same meaning as "group home for children" in section 5103.05 of the Revised Code. (B) Not later than two hundred seventy days after the effective date of this section, the director of children and youth shall adopt rules in accordance with Chapter 119. of the Revised Code to establish requirements regarding all of the following for group homes: (1) The use of the Ohio professional registry, as operated by... |
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Section 5103.07 | Department to administer funds received under federal child welfare and abuse programs.
...The department of children and youth shall administer funds received under Title IV-B of the "Social Security Act," 81 Stat. 821 (1967), 42 U.S.C.A. 620, as amended, and the "Child Abuse Prevention and Treatment Act," 88 Stat. 4 (1974), 42 U.S.C.A. 5101, as amended. In administering these funds, the department may establish a child welfare services program and a child abuse and neglect prevention and adoption reform ... |
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Section 5103.08 | Administering funds under state dependent care development grants.
...The department of children and youth may enter into contracts with the department of education and workforce authorizing the department of children and youth to administer funds received by the department of education and workforce under the "State Dependent Care Development Grants Act," 100 Stat. 968 (1986), 42 U.S.C.A. 9871, as amended. In fulfilling its duties under such a contract, the department of children and ... |
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Section 3123.121 | Rules for keeping case files open.
...The director of job and family services shall adopt, revise, or amend rules under Chapter 119. of the Revised Code to assist in the implementation of section 3123.12 of the Revised Code. |
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Section 3123.13 | Payment of arrearage does not terminate order.
...No withholding or deduction notice or other appropriate order described in section 3121.03 of the Revised Code and issued under the Revised Code shall be terminated solely because the obligor pays any part or all of the arrearages under the support order. |
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Section 3123.14 | Collecting arrearage where order is terminated.
...If a child support order is terminated for any reason, the obligor under the child support order is or was at any time in default under the support order and, after the termination of the order, the obligor owes an arrearage under the order, the obligee may make application to the child support enforcement agency that administered the child support order prior to its termination or had authority to administer the chi... |
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Section 3123.15 | Action to collect arrearage.
...f the obligee shall be commenced by the child support enforcement agency as required by section 3123.14 of the Revised Code within twenty days after completion of an application by the obligee. |
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Section 3123.16 | Payments to be monthly.
...Any order issued under section 3123.14 of the Revised Code shall be payable at least monthly. |
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Section 3123.17 | Issuing or modifying support order when obligor is in default under prior order.
...(A) When a court issues or modifies a court support order, the court shall determine the following: (1) Whether the obligor is in default under a prior court support order or the court support order being modified; (2) If the obligor is in default, the date the court support order went into default and the amount of support arrearages owed pursuant to the default. If the court determines the obligor is in default ... |
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Section 3123.171 | Interest on support arrearage.
...en a court renders a money judgment for child support, pursuant to a motion for a lump sum judgment filed by an obligee, interest shall accrue on that arrearage unless the court finds that it would be inequitable to assess interest. The interest shall accrue from the date the judgment is rendered to a date certain set for payment of the judgment at a rate specified in section 1343.03 of the Revised Code at the time t... |
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Section 3123.18 | Final judgment.
...If a court or child support enforcement agency made a final and enforceable determination under sections 3123.02 to 3123.071 of the Revised Code as those sections existed prior to the effective date of this section or makes a final and enforceable determination under sections 3123.01 to 3123.07 of the Revised Code that an obligor is in default under a support order, each payment or installment that was due and unpaid... |
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Section 3123.181 | Certified pay-off statement.
...sentative of an obligor or obligee, the child support enforcement agency administering the order for which a judgment under section 3123.18 of the Revised Code has arisen shall issue to the obligor and obligee or their authorized representatives a certified pay-off statement of the total amount due on the judgment as of the time of the request. The certified pay-off statement shall be valid for a period of thirty day... |
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Section 3123.182 | Obtaining execution on certified pay-off statement.
...or which the statement was issued, or a child support enforcement agency on behalf of the obligee, may bring an action to obtain execution on the certified pay-off statement in the common pleas court that issued the support order or, if the order is an administrative child support order, the common pleas court of the county served by the agency that issued the order. The court shall treat the certified pay-off statem... |
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Section 3123.183 | Applicability of additional authority to collect arrearage.
...Nothing in sections 3123.18 to 3123.182 of the Revised Code limits the applicability of section 3123.22 of the Revised Code. |
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Section 3123.19 | Disposing of payments received on arrearage.
...If child support arrearages are owed by an obligor to the obligee and to the department of job and family services, any payments received on the arrearages by the office of child support shall be paid in accordance with Title IV-D of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651 et seq., as amended, and rules adopted by the director of job and family services. If an obligor is in default under a support or... |
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Section 3123.20 | Employer may not penalize employee for being subject to support order.
...No employer shall discharge an employee for reason of any order issued under the Revised Code to collect support due from the employee under a support order. |
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Section 3123.21 | Presumed minimum payment on arrearage.
... a support order pertaining to the same child or spouse shall be rebuttably presumed to provide that the arrearage amount collected with each payment of current support equal at least twenty per cent of the current support payment. (B) A court or administrative hearing officer may consider evidence of household expenditures, income variables, extraordinary health care issues, and other reasons for a deviation from ... |
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Section 3123.22 | Additional authority of agency to collect arrearage.
...er issued to collect the arrearage, the child support enforcement agency administering the notice or order may also take any action, including, but not limited to, any of the following to collect any arrearage amount that has not yet been collected under the notice or order, unless the obligee and obligor agree in a writing signed by the obligee and obligor and approved by the court by journal entry that the additio... |
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Section 3123.23 | Collection of arrearages from collateral sources.
...rogram to collect arrearages owed under child support orders from insurance claims, settlements, awards, and payments based on information obtained pursuant to Title IV-D of the Social Security Act, 42 U.S.C. 652. (B) Any insurer and any director, agent, or employee authorized to act on behalf of an insurer, that releases information or makes a disclosure in accordance with rules adopted pursuant to this sect... |
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Section 3123.24 | Access restriction defined.
...For the purposes of sections 3123.24 to 3123.38 of the Revised Code, "access restriction" means that funds may not be withdrawn or transferred. |
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Section 3123.25 | Account information of obligor in default entered into case registry.
...1.74 of the Revised Code, the office of child support in the department of job and family services finds or receives notice that identifies an obligor in default who maintains an account with a financial institution, the office shall, within one business day, enter the information into the case registry established pursuant to section 3121.81 of the Revised Code. (B) If a child support enforcement agency, upon noti... |
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Section 3123.26 | Restrictions on account placed by financial institution.
...ce with respect to the obligor from the child support enforcement agency. The access restriction shall remain on the account until the financial institution complies with a withdrawal directive under section 3123.37 of the Revised Code or a court or child support enforcement agency orders the financial institution to remove the access restriction. A copy of the access restriction notice shall be sent to the obligor ... |
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Section 3123.27 | Investigating account.
...The child support enforcement agency may investigate and determine the amount of funds in the account that is available to satisfy the obligor's arrearages under a support order. The financial institution shall cooperate with the agency's investigation. |
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Section 3123.28 | Withdrawal directive.
...If a child support enforcement agency that completes an account investigation does not find that any person other than the obligor has an ownership interest in the account, it shall issue a withdrawal directive pursuant to section 3123.37 of the Revised Code. |
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Section 3123.29 | Notice to other person with ownership interest in account.
...If a child support enforcement agency finds that a person other than an obligor has an ownership interest in an account, the agency shall send written notice by first-class mail to that person at an address for that person contained in records of the financial institution, except that if the address of that person is not contained in records of the financial institution, the agency shall send the notice to that perso... |
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Section 3123.30 | Notice contents.
...e obligor as determined by the court or child support enforcement agency, the amount that will be withdrawn, the type of account from which the amount will be withdrawn, and the name of the financial institution from which the amount will be withdrawn; (B) A statement that the person may object to the withdrawal by filing with the agency, no later than fourteen days after the date on which the notice is issued, a w... |
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Section 3123.31 | Administrative hearing request.
...ct to the withdrawal by filing with the child support enforcement agency that sent the notice a written request for an administrative hearing to determine whether any amount contained in the account is the property of that person and should not be subject to the withdrawal directive. |
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Section 3123.32 | Withdrawal directive where no hearing request.
...uest for an administrative hearing, the child support enforcement agency that sent the notice shall send a withdrawal directive to the financial institution pursuant to section 3123.37 of the Revised Code. A copy of this notice shall be sent to the obligor. |