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Ohio Revised Code Search

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Section 5139.12 | Reporting abuse of delinquent child.

...Any person who is required, pursuant to division (A) of section 2151.421 of the Revised Code, to report the person's knowledge of or reasonable cause to suspect abuse or neglect or threat of abuse or neglect of a child under eighteen years of age or a person with a developmental disability or physical impairment under twenty-one years of age, or any person who is permitted, pursuant to division (B) of that section, t...

Section 5139.13 | Facilities for treatment and training of children.

...(A) The department of youth services shall do all of the following: (1) Control and manage all institutions for the rehabilitation of delinquent children and youthful offenders that are operated by the state, except where the control and management of an institution is vested by law in another agency; (2) Provide treatment and training for children committed to the department and assigned by the department to vari...

Section 5139.131 | Vocational education programs.

...The department of youth services may conduct programs for the vocational education of children committed to the department or involved in aftercare services provided by the department, under which services are provided or products are made, and offered, for sale. Any profits made from the selling of such products or services shall be deposited into the industrial and entertainment fund created under section 5139.86 o...

Section 5139.14 | Reentry services by nonprofit faith-based organizations.

...(A)(1) The department of youth services shall permit representatives of all nonprofit faith-based, business, professional, civic, educational, and community organizations that are registered with the department to enter institutions that are under the department's control and management for the purpose of providing reentry services to delinquent children in the department's custody. Reentry services may include, but ...

Section 5139.16 | Accepting gifts and bequests.

...The department of youth services may accept, hold, and use, for the benefit of the department or the children committed to it, any gift, donation, bequest, or devise, and may agree to and perform all conditions of the gift, donation, bequest, or devise, not contrary to law.

Section 5139.18 | Supervision of children released from institutions.

...nt and approval of the board of county commissioners of any county, may contract with the public children services agency of that county, the department of probation of that county established pursuant to section 2301.27 of the Revised Code, or the probation department or service established pursuant to sections 2151.01 to 2151.54 of the Revised Code for the provision of direct supervision and control over and ...

Section 5139.19 | Managing officers of institutions.

...hall be under the control of a managing officer to be known as a superintendent or by other appropriate title. Such managing officer shall be appointed by the director of the department and shall be in the unclassified service and serve at the pleasure of the director. Each managing officer appointed under this section may, subject to the approval of the director, appoint an assistant managing officer and deputy mana...

Section 5139.191 | Apprehending juvenile escapees.

...Any sheriff, deputy sheriff, constable, officer of state or local police, or employee of the department of youth services shall apprehend any child who has escaped from an institution under the jurisdiction of the department and return the child. The written request of the superintendent of the institution from which the child has escaped shall be sufficient cause to authorize the apprehension and return of the child...

Section 5139.20 | Emergency overcrowding conditions.

...ency releases shall continue until the expiration of thirty days from the day on which the declaration was filed. The director shall not issue a declaration that an emergency overcrowding condition exists unless the director determines that no other method of alleviating the overcrowding condition is available. (B)(1) If the department is authorized under division (A) of this section to grant emergency releas...

Section 5139.21 | Prohibited acts.

...No person shall influence or attempt to influence any child under supervision of the department of youth services, to leave the institution or home in which he was placed, his home, or place of employment or to violate any of the conditions upon which he was released under supervision.

Section 5139.22 | Transportation costs.

...Each county shall bear all of the expenses incident to the transportation of a child committed to the department of youth services by the juvenile court of that county from that county to the institution to which the department has assigned the child and shall bear the fees and costs allowed in similar cases. The fees, costs, and expenses shall be paid from the county treasury upon itemized vouchers certified to by t...

Section 5139.23 | Leasing capital facilities.

...ements with the Ohio public facilities commission, the department of administrative services, or any other authorized state agency ancillary to the construction, reconstruction, improvement, financing, leasing, or operation of such facilities, including, but not limited to agreements required by the applicable bond proceedings authorized by Chapter 154. of the Revised Code. Rentals from such leases shall const...

Section 5139.25 | Designating names of institutions.

...The department of youth services may designate the institutions under its management and control, present and future, by appropriate respective names, regardless of present statutory designation.

Section 5139.251 | Rules for searching visitors.

... be conducted of a visitor, the highest officer present in the institution shall expressly authorize the search on the basis of a reasonable suspicion, based on specific objective facts and reasonable inferences drawn from those facts in the light of experience, that a visitor proposed to be so searched possesses, and intends to convey or already has conveyed, a deadly weapon, dangerous ordnance, drug of abuse, into...

Section 5139.26 | Acquiring and disposing of land or property.

...The department of youth services, with the approval of the governor and the attorney general, may buy, sell, lease, or exchange portions of land or property, real or personal, under the management and control of the department, or enter into contracts relative thereto, or grant easements or licenses for the use thereof, when such purchase, sale, lease, exchange, contract, easement, or license is advantageous to the s...

Section 5139.27 | Financial assistance rules.

... state and, through its board of county commissioners, may enter into an agreement with the director of budget and management for the discharge of that obligation over a period not to exceed ten years in duration. Whenever a county is obligated to repay that assistance to the state and its board of county commissioners fails to enter into or fails to comply with an agreement for the discharge of that obligation, the ...

Section 5139.271 | Granting financial assistance to counties.

... of the Revised Code. A board of county commissioners that uses the facility for any other purpose within that period shall enter into an agreement with the director of budget and management for the discharge of that obligation over a period not to exceed ten years. If a board of county commissioners fails to enter into an agreement for the discharge of that obligation, or fails to comply with the terms of such an ag...

Section 5139.281 | Granting financial assistance to detention facilities.

...er this section. If the board of county commissioners providing a detention facility or the board of trustees of a district detention facility applies to the department for assistance and if the department finds that the application is in accordance with the rules adopted under this section and that the facility meets the minimum standards adopted under this section, the department may grant assistance to the applica...

Section 5139.29 | Payment of assistance rules.

...The department of youth services shall adopt and promulgate regulations prescribing the method of calculating the amount of and the time and manner for the payment of financial assistance granted under sections 5139.27 and 5139.271 of the Revised Code, for the construction or acquisition of a district detention facility established under section 2152.41 of the Revised Code, or for the construction and maintenance of ...

Section 5139.30 | Transferring children.

...The department of youth services may, by mutual agreement with the governing board of a school, forestry camp, or other facility established under section 2151.65 of the Revised Code, transfer to such school, forestry camp, or other facility any child committed to the department.

Section 5139.31 | Inspections.

...The department of youth services may inspect any school, forestry camp, district detention facility, or other facility for which an application for financial assistance has been made to the department under section 2152.43 or 2151.651 of the Revised Code or for which financial assistance has been granted by the department under section 5139.27, 5139.271, or 5139.281 of the Revised Code. The inspection may include, ...

Section 5139.32 | Child unable to benefit from programs.

...(A) Whenever a child committed to the department of youth services is unable to benefit from the programs conducted by the department, as found under division (B) of this section, the department forthwith shall release or discharge such child from its jurisdiction and either return the child to the committing court, provided that such court so consents or directs, or otherwise secure for the child an environment more...

Section 5139.33 | Grants for county community-based programs and services for adjudicated delinquent children for commission of acts that would be felonies if committed by adult.

...adjudicated delinquent children for the commission of acts that would be felonies if committed by an adult. (B) Each county seeking a grant under this section shall file an application with the department of youth services. The application shall be filed at the time and in accordance with procedures established by the department in rules adopted under this section. Each application shall be accompanied by a plan des...

Section 5139.34 | Granting state subsidies to counties.

...to appropriation by the board of county commissioners of that county, a county treasurer shall disburse from the county's felony delinquent care and custody fund the state subsidy funds granted to the county pursuant to this section for use only in accordance with this section, the applicable provisions of section 5139.43 of the Revised Code, and the county's approved annual grant agreement and application for fundin...

Section 5139.35 | Prior consent of committing court required for placement in less restrictive setting.

...(A) Except as provided in division (C) of this section and division (C)(2) of section 5139.06 of the Revised Code, the department of youth services shall not place a child committed to it pursuant to section 2152.16 or divisions (A) and (B) of section 2152.17 of the Revised Code who has not been institutionalized or institutionalized in a secure facility for the prescribed minimum period of institutionalization in a...

Section 940.03 | County to have district coextensive with its geographic area.

...Each county shall have a soil and water conservation district coextensive with the geographic area of the county, and each district shall constitute a political subdivision of this state.

Section 940.04 | Soil and water conservation district supervisors.

...by the Ohio soil and water conservation commission pursuant to rules it adopts under Chapter 119. of the Revised Code. The term of each supervisor shall be for three years. Due notice of election of supervisors shall be given by the commission. Successors to fill unexpired terms may be appointed by the commission on the unanimous recommendation of the remaining supervisors. In any case in which a unanimous recommenda...

Section 940.05 | Governing body of district.

...commission. (F) For all employees and officers who are entrusted with funds, the board shall either: (1) Provide for the execution of surety bonds; (2) By resolution, adopt a policy to allow for use of an employee dishonesty and faithful performance of duty insurance policy to cover financial or property loss caused by the fraudulent or dishonest actions of, and the failure to perform a duty prescribed by law f...

Section 940.06 | Supervisors of soil and water conservation district; additional powers.

...arding expenditures by boards of county commissioners, when the cost under any such contract, lease, or agreement, other than compensation for personal services or rental of office space, involves an expenditure of more than the amount established in that section regarding expenditures by boards of county commissioners, the board shall make a written contract with the lowest and best bidder after advertisement, for n...

Section 940.07 | Defense of tort actions.

...by the Ohio soil and water conservation commission. If a request is so submitted, the prosecuting attorney of the county associated with the district does not have legal representation duties in connection with the tort action under section 940.13 of the Revised Code. (2) The attorney general, an assistant attorney general, or special counsel appointed by the attorney general shall defend a supervisor or other offi...

Section 940.08 | Supervisors to employ assistants and personnel and acquire materials, equipment, supplies and offices.

...f the Revised Code. The board of county commissioners may make payments of benefits that are provided under this section. The board of supervisors may purchase such materials, equipment, and supplies, may lease such equipment, and may rent, purchase, or construct, and maintain, such offices, and provide for such equipment and supplies therefor, as it considers necessary and may pay for the same from the special fun...

Section 940.09 | Donated sick leave program; procedure.

...(A) As used in this section: (1) "Receiving employee" means an employee of a soil and water conservation district who receives donated sick leave as authorized by this section. (2) "Donating employee" means an employee of a soil and water conservation district who donates sick leave as authorized by this section. (3) "Paid leave" has the same meaning as in section 124.391 of the Revised Code. (4) "Full-time e...

Section 940.10 | Sale of unneeded personal property of district.

...ce in the office of the board of county commissioners. If the fair market value of the property to be sold pursuant to this division is, in the opinion of the board of supervisors, in excess of two thousand dollars, notice of the time, place, and manner of the sale shall also be published in a newspaper of general circulation in the district at least ten days prior to such sale. The board may authorize the sale of s...

Section 940.11 | Policies for soil and water conservation district credit card accounts.

...counts issued, the cards' and accounts' expiration dates, and the cards' and accounts' credit limits. (E) If the fiscal agent retains general possession and control of the credit card account and presentation instruments related to the account including cards and checks, and the board authorize a board member or employee to use a credit card, the fiscal agent may use a system to sign out credit cards to the authori...

Section 940.111 | Acceptance of payments by financial transaction devices.

...(A) As used in this section: (1) "Financial transaction device" includes a credit card, debit card, charge card, or prepaid or stored value card, or automated clearinghouse network credit, debit, or e-check entry that includes, but is not limited to, accounts receivable and internet-initiated, point of purchase, and telephone-initiated applications or any other device or method for making an electronic payment or t...

Section 940.12 | Levy of tax within ten-mill limitation.

...The board of county commissioners of each county in which there is a soil and water conservation district may levy a tax within the ten-mill limitation and may appropriate money from the proceeds of the levy or from the general fund of the county. The money shall be held in a special fund for the credit of the district, to be expended for the purposes prescribed in section 940.08 of the Revised Code or under the poli...

Section 940.13 | Prosecuting attorney is legal adviser.

...(A) The prosecuting attorney of a county in which there is a soil and water conservation district is the legal adviser of the district. The prosecuting attorney is the legal counsel of such district in all civil actions brought by or against it and shall conduct all such actions in the prosecuting attorney's official capacity. The board of supervisors of a district may also employ such attorneys as may be necessary o...

Section 940.14 | Infringement of rights.

...This chapter does not infringe upon the rights, powers, and authority vested by law in the division of wildlife in the department of natural resources.

Section 940.15 | Payments to local soil and water conservation districts.

...at the Ohio soil and water conservation commission may approve payment to a district in an amount in excess of eight thousand dollars in any calendar year upon receipt of a request and justification from the district. The county auditor shall credit such payments to the special fund established pursuant to section 940.12 of the Revised Code for the soil and water conservation district. The department may make advanc...

Section 940.16 | Advance of moneys from soil and water conservation fund; repayment.

...A board of county commissioners may apply to the Ohio soil and water conservation commission for an advance of moneys from the soil and water conservation fund, which is hereby created in the state treasury, to enable a soil and water conservation district to pay all or part of the cost of surveys and plans, appraisals, estimates of cost, land options, and other incidental expenses of constructing works of improvemen...

Section 940.17 | Sharing costs of improvement by conservation district.

...by the Ohio soil and water conservation commission, may enter into agreements with boards of county commissioners under which the state shares the cost of construction of works of improvement constructed by the county for a soil and water conservation district. The state share shall be paid from moneys appropriated for such purposes. The state share authorized under this section shall not exceed fifty per cent of the...

Section 940.19 | Petition to supervisors for construction of conservation improvement.

...(A) An owner of land that is located in a soil and water conservation district may file a petition with the board of supervisors of the district requesting the construction of a conservation work of improvement. Prior to filing a petition, the petitioner shall consult with the district to discuss the proposed drainage improvement and to determine the proper forms and procedures for filing the petition. (B) The peti...

Section 940.20 | Notice of hearing on proposed improvement.

... improvement and to the board of county commissioners and the county engineer. The board shall ensure that the notice contains all of the following: (1) The date, time, and location for the view and the subsequent hearing; (2) A description of the proposed improvement and its location as stated in the petition, a map indicating the location of the proposed improvement or information on where to access the map, an...

Section 940.21 | View of site of proposed improvement.

...(A) On the date established for the view of a proposed improvement, the board of supervisors of a soil and water conservation district or its designee shall present an overview of the proposed improvement. In the presentation, the board or its designee shall use methods and means that the board determines will adequately inform those attending the view about the proposed improvement's location and the drainage issues...

Section 940.22 | Preliminary report on proposed improvement; alternate proposals; review by engineer.

...(A) Upon acceptance of a petition requesting the construction of an improvement, the board of supervisors of a soil and water conservation district shall begin to prepare a preliminary report regarding the proposed improvement. The board shall present the completed preliminary report at the hearing that is held on the proposed improvement. (B) The board shall ensure that the preliminary report includes all of the f...

Section 940.23 | Hearing on petition; objections by affected landowners.

...(A) On the date and at the time established by the board of supervisors for the hearing on a petition for a proposed improvement, the board shall conduct the hearing. At the hearing, the board shall do both of the following: (1) Present the board's preliminary report on the proposed improvement; (2) Hear any comments or evidence offered by any landowner for or against the proposed improvement. (B) If necessary...

Section 940.24 | [Former R.C. 940.26, amended and renumbered by H.B. 340, 133rd General Assembly, effective 3/24/2021] Surveys, plans and maps, construction specifications, cost estimates.

...After a vote of the board of supervisors of a soil and water conservation district to proceed with a project survey and design for a proposed improvement, the board or its designee shall conduct all necessary surveys for the proposed improvement. In addition, the board or its designee shall prepare plans for constructing the improvement. The plans shall include all of the following: (A) Specifications for construct...

Section 940.25 | Schedule of damages.

...(A) After preparing the project survey, design, and plans for constructing the proposed improvement, the board of supervisors of a soil and water conservation district shall prepare a schedule of damages as part of the estimate of the total cost of constructing the proposed improvement. (B) The schedule of damages shall include both of the following: (1) An estimate of the value of land or other property necessar...

Section 940.26 | Cost estimate.

...After preparing a schedule of damages, the board of supervisors of a soil and water conservation district or its designee shall make an estimate of the cost of the proposed improvement. The estimate shall include all of the following: (A) Actual construction costs, including costs of addressing the construction specifications set forth in section 940.24 of the Revised Code; (B) The estimated costs included in the...

Section 940.27 | Schedule of estimated assessments.

...(A) After preparing an estimate of the cost of a proposed improvement, the board of supervisors of a soil and water conservation district or its designee shall prepare a schedule of estimated assessments on land within the area that will be benefited by a proposed improvement. The board shall include in the schedule the name and address of each landowner whose parcel of land will be benefited by the proposed improvem...