Ohio Revised Code Search
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Section 5101.1415 | Person eligible for temporary or permanent custody until age twenty-one.
...The provisions of divisions (A) and (D) to (G) of section 5101.1411 of the Revised Code shall not apply if the person is eligible for temporary or permanent custody until age twenty-one pursuant to a dispositional order under sections 2151.353, 2151.414, and 2151.415 of the Revised Code. |
Section 5101.1416 | Kinship guardianship assistance.
...d to a relative who meets the following requirements: (1) The relative has cared for the eligible child pursuant to division (B) of this section as a foster caregiver as defined by section 5103.02 of the Revised Code for at least six consecutive months. (2) Both of the following apply: (a) A juvenile court issued an order granting legal custody of the child to the relative, or a probate court issued an order... |
Section 5101.1417 | Rules to carry out federal foster care, adoption, and kinship guardian assistance.
...The department of children and youth shall adopt rules necessary to carry out the purposes of sections 5101.141, 5101.1411, and 5101.1416 of the Revised Code, and 42 U.S.C. 673(d) of the "Social Security Act," including rules that do all of the following: (A) Allow a kinship guardianship young adult described in division (C) of section 5101.1411 of the Revised Code on whose behalf kinship guardianship assistance i... |
Section 5101.1418 | Post-adoption special services subsidy payments.
...th considers the child to be in need of public care or protective services, the department may, to the extent state funds are available for this purpose, enter into an agreement with the child's adoptive parent under which the department may make post adoption special services subsidy payments on behalf of the child as needed when both of the following apply: (a) The child has a physical or developmental disabilit... |
Section 5101.15 | Schedule of reimbursement.
...ervices for the county submitted by the public children services agency. |
Section 5101.16 | Paying county share of public assistance expenditures.
...evised Code, meet both of the following requirements: (i) The percentage shall not be less than seventy-five per cent nor more than eighty-two per cent; (ii) The percentage shall not exceed the percentage that the state's qualified state expenditures is of the state's historic state expenditures as those terms are defined in 42 U.S.C. 609(a)(7). (e) Other procedures and requirements necessary to implement this sec... |
Section 5101.161 | Public assistance fund.
...section 5101.16 of the Revised Code, of public assistance expenditures. Each January, the board shall appropriate the amount certified by the department and an additional five per cent of that amount. Each June, the board may reappropriate, for any purpose the board determines to be appropriate, the amount appropriated in January that exceeds the total of the amount certified by the department for the last six months... |
Section 5101.162 | Reimbursing county expenditures for county administration of food stamps or medicaid.
...Subject to available federal funds and appropriations made by the general assembly, the department of job and family services may, at its sole discretion, use available federal funds to reimburse county expenditures for county administration of the supplemental nutrition assistance program or medicaid (excluding administrative expenditures for transportation services covered by the medicaid program) even though... |
Section 5101.163 | Increase in county share of public assistance expenditures.
...rvices may increase a county's share of public assistance expenditures determined under division (B) of section 5101.16 of the Revised Code if the United States secretary of health and human services requires an increase in the state's maintenance of effort because of one or more failures, resulting from the actions or inactions of one or more county family services agencies, to meet a requirement under Title IV-A of... |
Section 5101.17 | Payments made under Economic Opportunity Act not regarded as income or resources.
...In determining the need of any person under Chapter 5107. of the Revised Code, the first eighty-five dollars plus one-half of the excess over eighty-five dollars of payments made to or in behalf of any person for or with respect to any month under Title I or II of the "Economic Opportunity Act of 1964," 78 Stat. 508, 42 U.S.C.A. 2701, as amended, shall not be regarded as income or resources. No payments made under su... |
Section 5101.18 | Determining what payments shall be regarded or disregarded as income in determining aid.
...g the payment as income would be in the public interest; (E) Whether treating the payment as income would be detrimental to any of the programs administered in whole or in part by the department of job and family services and whether such determination would jeopardize the receipt of any federal grant or payment by the state or any receipt of aid under Chapter 5107. of the Revised Code. |
Section 5101.181 | Matching agency records to determine overpayment of public assistance.
... section 5101.182 of the Revised Code, "public assistance" means any or all of the following: (1) Ohio works first; (2) Prevention, retention, and contingency; (3) Disability financial assistance provided prior to December 31, 2017, under former Chapter 5115. of the Revised Code; (4) General assistance provided prior to July 17, 1995, under former Chapter 5113. of the Revised Code. (B) As part of the procedure f... |
Section 5101.182 | Matching income tax returns to determine overpayment of public assistance.
...nation of overpayment to a recipient of public assistance pursuant to section 5101.181 of the Revised Code, the director of job and family services may semiannually, at times determined jointly by the auditor of state and the tax commissioner, furnish to the tax commissioner in computer format the name and social security number of each individual who receives public assistance. Within sixty days after receivin... |
Section 5101.183 | Rules regarding recovering cost of social services provided or diverted to ineligible persons.
...(A) The director of job and family services and the director of children and youth, in accordance with section 111.15 of the Revised Code, may adopt rules under which county family services agencies shall take action to recover the cost of the following benefits and services available under programs administered by the department of job and family services or the department of children and youth: (1) Benefits or s... |
Section 5101.184 | Collecting overpayments of assistance from state and federal income tax refunds.
...(A) The director of job and family services shall work with the tax commissioner to collect overpayments of assistance under Chapter 5107., former Chapter 5115., former Chapter 5113., or section 5101.54 of the Revised Code from refunds of state income taxes for taxable year 1992 and thereafter that are payable to the recipients of such overpayments. Any overpayment of assistance, whether obtained by fraud or misrepr... |
Section 5101.19 | Adoption grant program definitions.
... an adoption arranged by an attorney, a public children services agency, private child placing agency, or a private noncustodial agency, an interstate adoption, or an international or foreign adoption. (C) "Adoptive parent" means the person or persons who obtain parental rights and responsibilities over an adopted child pursuant to a final order of adoption, an interlocutory order of adoption, or an adoption recog... |
Section 5101.191 | Adoption grant program.
...d to the child's adoptive parent if the requirements of division (A) of section 5101.192 of the Revised Code, but not division (B) of that section, are satisfied regarding the child: (1) Ten thousand dollars; (2) Fifteen thousand dollars, if the parent was a foster caregiver who cared for the child prior to adoption. (C) The director shall provide a one-time payment for an adopted child of twenty thousand do... |
Section 5101.192 | Adoption grant program eligibility.
... following must be satisfied: (1) The requirements of division (A) of this section must be satisfied. (2) A qualified professional who does not provide casework services to the adopted child diagnoses the child with one or more special needs in the professional's area of expertise prior to the final order of adoption, interlocutory order of adoption, or recognition of the adoption by this state under section 3107... |
Section 5101.193 | Adoption grant program rules.
...(A) The director of children and youth shall adopt rules to administer and implement the Ohio adoption grant program. The director, in consultation with the tax commissioner, shall also adopt rules authorizing the department to withhold and remit to the Internal Revenue Service federal income tax from grant payments under division (B) of section 5101.191 of the Revised Code, provided such withholding is authorized un... |
Section 5101.194 | Adoption grant program records.
... 5101.193 of the Revised Code remains a public record under section 149.43 of the Revised Code if it was a public record under that section before being provided to the department. |
Section 5101.20 | Grant agreements for workforce development activities.
...ther accountability mechanisms meet the requirements of federal and state law and are in accordance with the policies and procedures that the department establishes; (c) Require the chief elected officials and any subgrantee or contractor of the local area to do both of the following: (i) Monitor all private and government entities that receive funds allocated under the grant agreement to ensure that funds are util... |
Section 5101.201 | Agreements with one-stop operators and partners implementing Workforce Innovation and Opportunity Act.
...ers for the purpose of implementing the requirements of section 121 of the "Workforce Innovation and Opportunity Act," 29 U.S.C. 3151. |
Section 5101.21 | Written grant agreements between director and county.
...the rules, the directors shall give the public an opportunity to review and comment on the proposed rules. The rules shall establish methodologies to be used to determine the amount of the grants included in the agreements. The rules also shall establish terms and conditions under which an agreement may be entered into after the first day of a fiscal biennial period. The rules may do any or all of the following: (... |
Section 5101.211 | Written agreements with state agency, university or college or private or government entity.
...The director of job and family services may provide for a grant agreement entered into under section 5101.21 of the Revised Code to have a retroactive effective date of the first day of July of an odd-numbered year if both of the following are the case: (A) The agreement is entered into after that date and before the last day of that July. (B) The board of county commissioners requests the retroactive eff... |
Section 5101.212 | Duty of religious organization contracting with department.
...l publish in a manner accessible to the public all of the following that concern family services duties for which grants included in grant agreements entered into under section 5101.21 of the Revised Code are awarded: state plans for receipt of federal financial participation, agreements between the department and a federal agency, and executive orders issued by the governor. The department may publish the ma... |
Section 5101.214 | Agreements to enhance county family services duties and workforce development activities.
...The director of job and family services and the director of children and youth may enter into a written agreement with one or more state agencies, as defined in section 117.01 of the Revised Code, and state universities and colleges to assist in the coordination, provision, or enhancement of the family services duties of a county family services agency or the workforce development activities of a local board, as defi... |
Section 5101.215 | Agreements with religious organization.
...If the director of job and family services enters into an agreement or contracts with, or issues a grant to, a religious organization under section 5101.214 of the Revised Code, the religious organization shall comply with section 104 of the Personal Responsibility and Work Opportunity and Reconciliation Act of 1996 (P.L. 104-193). |
Section 5101.216 | Written operational agreements with county for family service duties.
...The director of job and family services and the director of children and youth, as applicable, may enter into one or more written operational agreements with boards of county commissioners to do one or more of the following regarding family services duties: (A) Provide for the directors to amend or rescind a rule the directors previously adopted; (B) Provide for the directors to modify procedures or establish a... |
Section 5101.22 | Establishing performance and administrative standards for county agencies.
...The department of job and family services and the department of children and youth, as applicable, may establish performance and other administrative standards for the administration and outcomes of family services duties and determine at intervals the departments decide the degree to which a county family services agency complies with a performance or other administrative standard. The departments may use statistica... |
Section 5101.221 | County family services agency corrective action plan.
...(A) Except as provided by division (C) of this section, if the department of job and family services or the department of children and youth determines that a county family services agency has failed to comply with a performance or other administrative standard established under section 5101.22 of the Revised Code or by federal law for the administration or outcome of a family services duty, the department shall requ... |
Section 5101.222 | Administrative rules.
...The director of job and family services may adopt rules in accordance with section 111.15 of the Revised Code to implement sections 5101.22 to 5101.222 of the Revised Code. If the director adopts the rules, the director shall adopt the rules as if they were internal management rules. |
Section 5101.23 | Providing incentive awards to county agencies.
...Subject to the availability of funds, the department of job and family services and the department of children and youth may provide annual financial, administrative, or other incentive awards to county family services agencies and local areas as defined in section 6301.01 of the Revised Code. A county family services agency or local area may spend an incentive awarded under this section only for the purpose for whic... |
Section 5101.24 | Actions for failure to meet performance standards.
...(A) As used in this section, "responsible county grantee" means whichever county grantee, as defined in section 5101.21 of the Revised Code, the director of job and family services and the director of children and youth determine is appropriate to take action against under division (C) of this section. (B) Regardless of whether a family services duty is performed by a county family services agency, private or gove... |
Section 5101.241 | Actions for noncompliance with workforce development activity standards or requirements.
...or abuse; (2) Failure to carry out the requirements of the federal "Workforce Innovation and Opportunity Act," 29 U.S.C. 3101 et seq.; (3) Failure to meet local performance accountability measures for the local area for two consecutive program years, as specified in subsection (c)(3)(B) of section 107 of the "Workforce Innovation and Opportunity Act," 29 U.S.C. 3122. (I)(1) If the governor determines that there ha... |
Section 5101.242 | Certification of claim to recover funds.
...The department of job and family services may certify a claim to the attorney general under section 131.02 of the Revised Code for the attorney general to take action under that section against a responsible county grantee or responsible entity to recover any funds that the department determines the responsible county grantee or responsible entity owes the department for actions taken under division (C)(2), (3)... |
Section 5101.243 | Administrative rules.
...nd, before adopting the rules, give the public an opportunity to review and comment on the proposed rules. |
Section 5101.244 | Adjustment to recover expenditures exceeding allowable amount.
...(A) If the department of job and family services or the department of children and youth determines that a grant awarded to a county grantee in a grant agreement entered into under section 5101.21 of the Revised Code, an allocation, advance, or reimbursement the department makes to a county family services agency, or a cash draw a county family services agency makes exceeds the allowable amount for the grant, allocat... |
Section 5101.25 | Developing annual training goals and model training curriculum.
...The department of job and family services, and the department of children and youth in consultation with county representatives, shall develop annual training goals and model training curriculum for employees of county family services agencies and identify a variety of state funded training opportunities to meet the proposed goals. |
Section 5101.26 | Disclosure of information definitions.
...artment of job and family services or a public children services agency. (C) "Fugitive felon" means an individual who is fleeing to avoid prosecution, or custody or confinement after conviction, under the laws of the place from which the individual is fleeing, for a crime or an attempt to commit a crime that is a felony under the laws of the place from which the individual is fleeing or, in the case of New Jersey,... |
Section 5101.27 | Restricting disclosure of information regarding public assistance recipients.
... the use of any information regarding a public assistance recipient for any purpose not directly connected with the administration of a public assistance program. (B) To the extent permitted by federal law, the department of job and family services, the department of children and youth, and county agencies shall do all of the following: (1) Release information regarding a public assistance recipient for purpose... |
Section 5101.272 | Authorization form.
...ayment, enrollment, or eligibility for public assistance cannot be conditioned on signing the authorization unless the authorization is necessary for determining eligibility for the public assistance program. (B) When an individual requests information pursuant to section 5101.27 of the Revised Code regarding the individual's receipt of public assistance and does not wish to provide a statement of purpose, the... |
Section 5101.273 | Membership in the public assistance reporting information system.
... participate as an active member in the public assistance reporting information system. The department may disclose information regarding a public assistance recipient to the extent necessary to participate as an active member in the public assistance reporting information system. |
Section 5101.28 | Written agreements with law enforcement agencies to exchange, obtain, or share information regarding public assistance recipients.
...ncy shall provide information regarding public assistance recipients to enable the department or county agency to determine, for eligibility purposes, whether a recipient or a member of a recipient's assistance group is a fugitive felon or violating a condition of probation, a community control sanction, parole, or a post-release control sanction imposed under state or federal law. (2) A county agency may enter in... |
Section 5101.29 | Certain child care records not subject to public records law.
... a county agency, the following are not public records for purposes of section 149.43 of the Revised Code: (A) Names and other identifying information regarding children enrolled in or attending a child care center or home subject to licensure or registration under Chapter 5104. of the Revised Code; (B) Names and other identifying information regarding children placed with an institution or association certifie... |
Section 5101.30 | Rules for conditions and procedures for the release of information.
... participating in the administration of public assistance programs. The rules shall comply with applicable federal statutes and regulations. (1) The rules shall specify conditions and procedures for the release of information which may include, among other conditions and procedures, both of the following: (a) Permitting providers of services or assistance under public assistance programs limited access to in... |
Section 5101.32 | Procedures and formats for RC 109.5721 notices.
...(A) The department of job and family services and the department of children and youth shall work with the superintendent of the bureau of criminal identification and investigation to develop procedures and formats necessary to produce the notices described in division (D) of section 109.5721 of the Revised Code in a format that is acceptable for use by the applicable department. Each department may adopt rules in ac... |
Section 5101.33 | Electronic benefit transfers.
...ransfer; (5) Satisfying any applicable requirements of federal and state law. (C) The department may enter into a written agreement with any person or government entity to provide benefits administered by that person or entity through the medium of electronic benefit transfer. A written agreement may require the person or government entity to pay to the department either or both of the following: (1) A charge that... |
Section 5101.34 | Ohio commission on fatherhood.
...(6) Five representatives of the general public appointed by the governor. These members shall have extensive experience in issues related to fatherhood. (B) Members appointed to the Ohio commission on fatherhood shall serve two-year terms. A member appointed pursuant to division (A)(1) of this section shall serve on the commission until the end of the general assembly from which the member was appointed or until t... |
Section 5101.341 | Chairperson; executive director; staff; funding.
...ons, benefits, and other funds from any public agency or private source to carry out any or all of the commission's duties. The funds shall be deposited into the Ohio commission on fatherhood fund, which is hereby created in the state treasury. All gifts, grants, donations, contributions, benefits, and other funds received by the commission pursuant to this division shall be used solely to support the operations of t... |
Section 5101.342 | State summits on fatherhood.
...rs with their families; (f) Increase public awareness of the critical role fathers play. (2) Describes the commission's expectations for the outcomes of fatherhood-related programs and initiatives and the methods the commission uses for conducting annual measures of those outcomes; (3) Evaluates the number of fathers and children served and the number and types of additional services provided as a result of t... |
Section 5101.343 | Exemption from sunset review.
...Sections 101.82 to 101.87 of the Revised Code do not apply to the Ohio commission on fatherhood. |
Section 5101.35 | Appeals.
...e person hearing the appeal. (I) The requirements of Chapter 119. of the Revised Code apply to a state hearing or administrative appeal under this section only to the extent, if any, specifically provided by rules adopted under this section. |
Section 5101.351 | Hearing officers.
...The department of job and family services may employ or contract with hearing officers to draft and recommend state hearing decisions under division (B) of section 5101.35 of the Revised Code. The department may employ or contract with hearing authorities to issue state hearing decisions under division (B) of section 5101.35 of the Revised Code. A hearing authority employed or contracted with under this section... |
Section 5101.36 | Right of subrogation to department of job and family services for workers' compensation benefits.
...Any application for public assistance gives a right of subrogation to the department of job and family services for any workers' compensation benefits payable to a person who is subject to a support order, as defined in section 3119.01 of the Revised Code, on behalf of the applicant, to the extent of any public assistance payments made on the applicant's behalf. If the director of job and family services, in consulta... |
Section 5101.37 | Investigations and hearings by department, county or child support enforcement agency.
...he subject of the audit report is not a public record under section 149.43 of the Revised Code. (E) The director of job and family services or director of children and youth may adopt rules as necessary to implement this section. The rules shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. |
Section 5101.38 | Appointment of agents.
...The department of job and family services may appoint and commission any competent officer, employee, agency, or person to serve as a special agent, investigator, or representative to perform a designated duty for and in behalf of the department. Specific credentials shall be given by the department to each person so designated, and each credential shall state: (A) The person's name; (B) Agency with which such pers... |
Section 5101.44 | Ohio welfare conference.
...The department of job and family services may call an annual conference, of the officials specified in section 5101.45 of the Revised Code and representatives of the various social agencies in the state, to be known as the "Ohio welfare conference." The conference shall: (A) Facilitate discussion of the problems and methods of practical human improvement; (B) Increase the efficiency of agencies and institutions dev... |
Section 5101.45 | Conference expenses.
...s responsible for the administration of public funds used for the relief and maintenance of the poor, officials authorized to administer laws on community control sanctions, and members of the boards of county visitors as are invited by the department of job and family services to the conferences provided for in section 5101.44 of the Revised Code, shall be paid from any fund available for their respective offices, ... |
Section 5101.46 | Administering provision of social services funded through grants made under Title XX.
...e local agencies; (c) Employees of a public children services agency directly engaged in providing Title XX services. (5) Title XX funds distributed for the purpose of providing family planning services shall be distributed by the respective local agencies according to the same order of priority that applies to the department of job and family services under section 5101.101 of the Revised Code. (D) The depa... |
Section 5101.461 | Use of Title IV-A funds for Title XX social services.
...(A) As used in this section: (1) "Title IV-A" means Title IV-A of the "Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended. (2) "Title XX" has the same meaning as in section 5101.46 of the Revised Code. (B) To the extent authorized by federal law, the department of job and family services may use funds received through the Title IV-A temporary assistance for needy families block grant for ... |
Section 5101.47 | Administrative activities for certain programs.
...m related administrative activities for publicly funded child care provided under Chapter 5104. of the Revised Code. (2) If the department elects to accept applications, determine eligibility, redetermine eligibility, and perform related administrative activities for publicly funded child care, both of the following apply: (a) An individual seeking publicly funded child care may apply to the department or to th... |
Section 5101.48 | Distributing food commodities.
...The department of job and family services shall administer the distribution of food commodities received under the "Agricultural Adjustment Act," 48 Stat. 31, 7 U.S.C.A. 612c, as amended. The director of job and family services may adopt rules in accordance with section 111.15 of the Revised Code and issue appropriate orders as necessary for administration of the distribution program. |
Section 5101.49 | Establishing refugee assistance program and state legalization impact assistance program.
...The department of job and family services shall administer funds received under the "Refugee Act of 1980," 94 Stat. 102, 8 U.S.C.A. 1521, as amended. In administering the funds, the department may establish a refugee cash assistance program and a state legalization impact assistance program. The director of job and family services may adopt rules in accordance with section 111.15 of the Revised Code and issue a... |
Section 5101.53 | Supplementing payments of recipients of aid under Title XVI of Social Security Act.
...tary of health and human services under Public Law 93-66 for the purpose of supplementing the payments of recipients of aid under Title XVI of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, to the extent necessary to provide individuals who were recipients of aid in December 1973 under former Chapters 5105., 5106., and 5151. of the Revised Code with income from all sources equal to the inc... |
Section 5101.54 | Administering food stamp program.
...igative purposes, and meeting any other requirements necessary for the detection and deterrence of illegal activities in the supplemental nutrition assistance program; (7) Adopt rules in accordance with Chapter 119. of the Revised Code governing employment and training requirements of recipients of supplemental nutrition assistance program benefits, including rules specifying which recipients are subject to the re... |
Section 5101.541 | Food stamp program fund.
...The supplemental nutrition assistance program fund is hereby created in the state treasury. The fund shall consist of federal reimbursement for supplemental nutrition assistance program administrative expenses and other supplemental nutrition assistance program expenses. The department of job and family services shall use the money credited to the fund to pay for supplemental nutrition assistance p... |
Section 5101.542 | Electronic benefit transfer card.
... during a twelve-month period until the requirements specified in 7 C.F.R. 274.6(b)(5) have been satisfied. (2) The department shall not withhold a replacement card as described under division (C)(1) of this section if the individual requesting the replacement has a disability directly related to the loss of the card. |
Section 5101.544 | Failure of household member to perform required action.
...a federal, state, or local means-tested public assistance program for failure of a member of the household to perform an action required under the program, the household may not receive, for the duration of the reduction, an increased allotment of supplemental nutrition assistance program benefits as the result of a decrease in the income of the household to the extent that the decrease is the result of the r... |
Section 5101.545 | Application to participate in elderly simplified application project.
...The director of job and family services shall submit an application to the United States department of agriculture for participation in the elderly simplified application project within the supplemental nutrition assistance program. |
Section 5101.547 | Employment and training program redesign.
...(A) The department of job and family services shall redesign the employment and training program established under rules adopted by the department pursuant to division (A)(7) of section 5101.54 of the Revised Code. In redesigning the employment and training program, the department shall ensure that the new program meets the needs of employers in this state. (B) Not later than July 1, 2024, the department shall app... |
Section 5101.55 | Abortion.
...(A) No person shall be ordered by a public agency or any person to submit to an abortion. (B) The refusal of any person to submit to an abortion or to give consent therefor shall not result in the loss of public assistance benefits or any other rights or privileges. (C) State or local public funds shall not be used to subsidize an abortion, except as provided in section 5101.56 of the Revised Code. |
Section 5101.56 | Use of state or local funds for abortion services.
...(A) As used in this section, "physician" means a person who holds a valid license to practice medicine and surgery or osteopathic medicine and surgery issued under Chapter 4731. of the Revised Code. (B) Unless required by the United States Constitution or by federal statute, regulation, or decisions of federal courts, state or local funds may not be used for payment or reimbursement for abortion services unless th... |
Section 5101.57 | Use of public facilities for nontheurapeutic abortions prohibited.
...rticle XVIII, Ohio Constitution. (3) "Public facility" means any institution, structure, equipment, or physical asset that is owned, leased, or controlled by this state or any agency, institution, instrumentality, or political subdivision thereof. "Public facility" includes any state university, state medical college, health district, joint hospital, or public hospital agency. (B) No public facility shall be used... |
Section 5101.60 | Adult protective services definitions.
...t. (D) "Area agency on aging" means a public or private nonprofit entity designated under section 173.011 of the Revised Code to administer programs on behalf of the department of aging. (E) "Caretaker" means the person assuming the primary responsibility for the care of an adult by any of the following means: (1) On a voluntary basis; (2) By contract; (3) Through receipt of payment for care; (4) As a res... |
Section 5101.61 | Implementing adult protective services.
...o 5101.71 of the Revised Code and other requirements for intake procedures, investigations, case management, and the provision of protective services. |
Section 5101.611 | Reimbursing costs of providing services.
...The department of job and family services may reimburse county departments of job and family services for all or part of the costs they incur in implementing sections 5101.60 to 5101.73 of the Revised Code. The director of job and family services shall adopt internal management rules in accordance with section 111.15 of the Revised Code that provide for reimbursement of county departments of job and family services u... |
Section 5101.62 | Training program.
...The department of job and family services shall do all of the following: (A) Provide a program of ongoing, comprehensive, formal training on the implementation of sections 5101.60 to 5101.73 of the Revised Code and require all protective services caseworkers and their supervisors to undergo the training; (B) Develop and make available educational materials for individuals who are required under section 5101.63 of t... |
Section 5101.621 | Memorandum of understanding related to responsibilities in cases of adult abuse, neglect, and exploitation.
...(A) Each county department of job and family services shall prepare a memorandum of understanding that is signed by all of the following: (1) The director of the county department of job and family services; (2) If the county department has entered into an agreement or contract with a private or government entity pursuant to section 5101.652 of the Revised Code, the director of the entity; (3) The county peace ... |
Section 5101.63 | Reporting abuse, neglect or exploitation of adult.
...ode; (m) An employee of a hospital or public hospital, as defined in section 5122.01 of the Revised Code; (n) An employee of a nursing home or residential care facility, as defined in section 3721.01 of the Revised Code; (o) An employee of a residential facility licensed under section 5119.22 of the Revised Code that provides accommodations, supervision, and personal care services for three to sixteen unrelated... |
Section 5101.631 | Uniform statewide automated adult protective services information system.
...(A) The department of job and family services shall establish and maintain a uniform statewide automated adult protective services information system. The information system shall contain records regarding all of the following: (1) All reports of abuse, neglect, or exploitation of adults made to county departments of job and family services under section 5101.63 of the Revised Code; (2) Investigations conducted und... |
Section 5101.632 | Access to educational materials.
...Each entity that employs or is responsible for licensing or regulating the individuals required under section 5101.63 of the Revised Code to make reports of abuse, neglect, or exploitation of adults shall ensure that the individuals have access to the educational materials developed under division (B) of section 5101.62 of the Revised Code. |
Section 5101.64 | Referring cases of abuse.
... department shall refer the case to the public children services agency of that county. (E) If a county department of job and family services knows or has reasonable cause to believe that the subject of a report made under section 5101.63 of the Revised Code or of an investigation conducted under section 5101.65 of the Revised Code is being or has been criminally exploited, the department shall notify a local law en... |
Section 5101.65 | Investigations.
...The county department of job and family services or its designee shall be responsible for the investigation of all reports provided for in section 173.20 or 5101.63 and all cases referred to it under section 5126.31 of the Revised Code and for evaluating the need for and, to the extent of available funds, providing or arranging for the provision of protective services. Investigation of the report provided for in sec... |
Section 5101.651 | Temporary restraining order.
...If, during the course of an investigation conducted under section 5101.65 of the Revised Code, any person, including the adult who is the subject of the investigation, denies or obstructs access to the residence of the adult, the county department of job and family services may file a petition in court for a temporary restraining order to prevent the interference or obstruction. The court shall issue a temporary rest... |
Section 5101.652 | Authority to contract with other entities to perform certain duties.
...The county department of job and family services may enter into an agreement or contract with any private or government entity to perform the following duties: (A) In accordance with division (G) of section 5101.63 of the Revised Code, receive reports made under that section; (B) Perform the county department's duties under section 5101.65 of the Revised Code; (C) Petition the court pursuant to section 5101.68 or... |
Section 5101.66 | Request or consent to receiving protective services.
...Any person who requests or consents to receive protective services shall receive such services only after an investigation and determination of a need for protective services. The investigation shall be performed in the same manner as the investigation of a report pursuant to section 5101.65 of the Revised Code. If the person withdraws consent, the protective services shall be terminated. |
Section 5101.68 | Petitioning for court order to provide protective services.
...If the county department of job and family services determines that an adult is in need of protective services and is an incapacitated person, the department may petition the court for an order authorizing the provision of protective services. If the adult is in need of protective services as a result of exploitation, the county prosecutor may file the petition. The petition shall state the specific facts alleging th... |
Section 5101.681 | Notice of petition.
...Notice of a petition for the provision of court-ordered protective services as provided for in section 5101.68 of the Revised Code shall be personally served upon the adult who is the subject of the petition at least five working days prior to the date set for the hearing as provided in section 5101.682 of the Revised Code. Notice shall be given either orally or in writing in language reasonably understandable to the... |
Section 5101.682 | Hearing.
...idual may be committed to a hospital or public hospital as defined in section 5122.01 of the Revised Code pursuant to this section. (D) The placement of an adult pursuant to court order as provided in this section shall not be changed unless the court authorized the transfer of placement after finding compelling reasons to justify the transfer. Unless the court finds that an emergency exists, the court shall notify ... |
Section 5101.69 | Temporary restraining order to restrain person from interfering with provision of protective services.
...(A) If an adult has consented to the provision of protective services but any other person refuses to allow such provision, the county department of job and family services or the county prosecutor may petition the court for a temporary restraining order to restrain the person from interfering with the provision of protective services for the adult. (B) The petition shall state specific facts sufficient to demonstra... |
Section 5101.70 | Emergency order.
...all not order a person to a hospital or public hospital as defined in section 5122.01 of the Revised Code. (F) If the county department or its designee determines that the adult continues to need protective services after the order provided for in division (D) of this section has expired, the county department, the department's designee, or the county prosecutor may petition the court for an order to continue protec... |
Section 5101.701 | Ex parte emergency order authorizing provision of protective services.
...(A) A court, through a probate judge or a magistrate under the direction of a probate judge, may issue by telephone an ex parte emergency order authorizing the provision of protective services, including the relief available under division (B) of section 5101.702 of the Revised Code, to an adult on an emergency basis if all of the following are the case: (1) The court receives notice from the county department of jo... |
Section 5101.702 | Hearing.
...(A) If an order is issued pursuant to section 5101.701 of the Revised Code, the court shall hold a hearing not later than twenty-four hours after the issuance to determine whether there is probable cause for the order, except that if the day following the day on which the order is issued is not a working day, the court shall hold the hearing on the next working day. (B) At the hearing, the court: (1) Shall determin... |
Section 5101.71 | Evaluating ability to pay for services.
...(A) If it appears that an adult in need of protective services has the financial means sufficient to pay for such services, the county department of job and family services shall make an evaluation regarding such means. If the evaluation establishes that the adult has such financial means, the department shall initiate procedures for reimbursement pursuant to rules adopted under section 5101.61 of the Revised Code. I... |
Section 5101.73 | Denial or obstruction of access to adult victim's residence.
...If, during the course of an investigation by a local law enforcement agency of criminal exploitation, any person, including the adult who is the alleged victim, denies or obstructs access to the residence of the adult, the county prosecutor may file a petition in court for a temporary restraining order to prevent the interference or obstruction. The court shall issue a temporary restraining order to prevent the inter... |
Section 5101.74 | Elder abuse commission.
...commission may establish its own quorum requirements and procedures regarding the conduct of meetings and other affairs. (D) Members shall serve without compensation, but may be reimbursed for mileage and other actual and necessary expenses incurred in the performance of their official duties. (E) Sections 101.82 to 101.87 of the Revised Code do not apply to the elder abuse commission. |
Section 5101.741 | Duties of commission.
...(A) The elder abuse commission shall formulate and recommend strategies on all of the following: (1) Increasing awareness of and improving education on elder abuse; (2) Increasing research on elder abuse; (3) Improving policy, funding, and programming related to elder abuse, including estimated funding necessary to implement specific recommendations; (4) Improving the judicial response to elder abuse victims;... |
Section 5101.76 | Procurement of epinephrine autoinjectors for camps.
...(A) A residential camp, as defined in section 2151.011 of the Revised Code, a child day camp, as defined in section 5104.01 of the Revised Code, or a child day camp operated by any county, township, municipal corporation, township park district created under section 511.18 of the Revised Code, park district created under section 1545.04 of the Revised Code, or joint recreation district established under section 755.1... |
Section 5101.77 | Procurement of inhalers for camps.
...(A) As used in this section, "inhaler" means a device that delivers medication to alleviate asthmatic symptoms, is manufactured in the form of a metered dose inhaler or dry powdered inhaler, and may include a spacer, holding chamber, or other device that attaches to the inhaler and is used to improve the delivery of the medication. (B) A residential camp, as defined in section 2151.011 of the Revised Code, a child... |
Section 5101.78 | Procurement of glucagon, qualified immunity - camps.
...(A) As used in this section, "licensed health professional authorized to prescribe drugs" and "prescriber" have the same meanings as in section 4729.01 of the Revised Code. (B) A residential camp, as defined in section 2151.011 of the Revised Code; a child day camp, as defined in section 5104.01 of the Revised Code; or a child day camp operated by any county, township, municipal corporation, township park district... |
Section 5101.80 | Administering Title IV-A of the Social Security Act.
...(A) As used in this section and in section 5101.801 of the Revised Code: (1) "County family services agency" has the same meaning as in section 307.981 of the Revised Code. (2) "State agency" has the same meaning as in section 9.82 of the Revised Code. (3) "Title IV-A administrative agency" means both of the following: (a) A county family services agency or state agency administering a Title IV-A program ... |
Section 5101.801 | Benefits and services that are not defined as assistance.
... state agency or entity comply with the requirements for the program or project, including all of the following requirements established by federal statutes and regulations, state statutes and rules, the United States office of management and budget, and the Title IV-A state plan prepared under section 5101.80 of the Revised Code: (a) Eligibility; (b) Reports; (c) Benefits and services; (d) Use of funds; ... |
Section 5101.802 | Kinship permanency incentive program.
... (1) The kinship caregiver applies to a public children services agency in accordance with the application process established in rules authorized by division (E) of this section; (2) Not earlier than July 1, 2005, a juvenile court issues an order granting legal custody to the kinship caregiver, or a probate court grants guardianship to the kinship caregiver, except that a temporary court order is not sufficient t... |
Section 5101.803 | Title IV-A demonstration program.
...(A) Subject to division (E) of section 5101.801 of the Revised Code, there is hereby created the Title IV-A demonstration program to provide funding for innovative and promising prevention and intervention projects that meet one or more of the four purposes of the temporary assistance for needy families block grant as specified in 42 U.S.C. 601 and are for individuals with specific and multiple barriers to achieving ... |
Section 5101.804 | Ohio parenting and pregnancy program.
...(A) Subject to division (E) of section 5101.801 of the Revised Code, there is hereby created the Ohio parenting and pregnancy program to provide services for pregnant women and parents or other relatives caring for children twelve months of age or younger that do both of the following: (1) Promote childbirth, parenting, and alternatives to abortion; (2) Meet one or more of the four purposes of the temporary ass... |
Section 5101.805 | Recommendations for TANF programs.
...(A) Subject to division (E) of section 5101.801 of the Revised Code, the Ohio commission on fatherhood, created under section 5101.34 of the Revised Code, may make recommendations to the director of job and family services concerning the funding, approval, and implementation of fatherhood programs in this state that meet at least one of the four purposes of the temporary assistance for needy families block grant, as ... |
Section 5101.806 | TANF spending plan.
...(A) The department of job and family services shall prepare and submit to the governor not later than the first day of November in each even-numbered year a TANF spending plan describing the anticipated spending of temporary assistance for needy families block grant funds for the upcoming state fiscal biennium. The report shall be prepared in such a manner as to facilitate the inclusion of the information contained i... |
Section 5101.81 | Examination of Title IV-A state plan by legislature.
...(A) Prior to submitting the Title IV-A state plan required by section 5101.80 of the Revised Code to the United States secretary of health and human services, the department of job and family services shall submit the plan to all of the following members of the general assembly: (1) The president and minority leader of the senate; (2) The speaker and minority leader of the house of representatives; (3) The chairpe... |
Section 5101.82 | Title IV-A reserve fund.
...There is hereby created in the state treasury the Title IV-A reserve fund. If authorized by the agreement between the director of budget and management and the United States secretary of the treasury entered into pursuant to section 131.36 of the Revised Code, the director of budget and management may transfer to the Title IV-A reserve fund money appropriated for the Ohio works first program established under Chapter... |
Section 5101.821 | TANF federal fund.
...Except as otherwise approved by the director of budget and management, the department of job and family services shall deposit federal funds received under Title IV-A of the "Social Security Act," 42 U.S.C.A. 601, 110 Stat. 2113 (1996), into the temporary assistance for needy families (TANF) federal fund, which is hereby created in the state treasury. The department shall use money in the fund for the Ohio works firs... |
Section 5101.83 | Repaying fraudulent assistance.
... intentional violation of the program's requirements. "Fraudulent assistance" does not include assistance or services to or on behalf of an assistance group that is provided as a result of an error that is the fault of a county department of job and family services, the Ohio department of job and family services, or the department of children and youth. (B) If a county director of job and family services determine... |
Section 5101.84 | Eligibility for aid.
... individual meets all other eligibility requirements for the aid or benefits. |
Section 5101.85 | Kinship caregiver defined.
...As used in sections 5101.851 to 5101.856 of the Revised Code, "kinship caregiver" means any of the following who is eighteen years of age or older and is caring for a child in place of the child's parents: (A) The following individuals related by blood or adoption to the child: (1) Grandparents, including grandparents with the prefix "great," "great-great," or "great-great-great"; (2) Siblings; (3) Aunts,... |
Section 5101.851 | Statewide kinship care navigator program.
...ervices including the following: (A) Publicly funded child care; (B) Respite care; (C) Training related to caring for special needs children; (D) A toll-free telephone number that may be called to obtain basic information about the rights of, and services available to, kinship caregivers; (E) Legal services. |
Section 5101.853 | Establishment of regions.
...The director of children and youth shall divide the state into not less than five and not greater than twelve regions, for the kinship care navigator program under section 5101.851 of the Revised Code. The director shall take the following into consideration when establishing the regions: (A) The population size; (B) The estimated number of kinship caregivers; (C) The expertise of kinship navigators; (D) ... |
Section 5101.854 | Content of program for kinship caregivers.
...The program in each kinship care navigator region established under section 5101.853 of the Revised Code shall provide information and referral services and assistance in obtaining support services for kinship caregivers within its region. |
Section 5101.855 | Adoption of rules.
...The department of children and youth shall adopt rules to implement the kinship care navigator program. The rules shall be adopted under Chapter 119. of the Revised Code, except that rules governing fiscal and administrative matters related to implementation of the program are internal management rules and shall be adopted under section 111.15 of the Revised Code. |
Section 5101.856 | Funding for kinship care navigator program.
...epartment of job and family services or public children services agency shall be responsible for the cost of the program. |
Section 5101.86 | Adult emergency assistance program.
...f the person meets all of the following requirements: (1) The person is at least eighteen years of age; (2) The person is not a parent residing with the parent's child; (3) The person does not have income greater than forty per cent of the poverty guideline, unless the person is sixty-five years of age or older and receiving supplemental security income under Title XVI of the Social Security Act, 86 Stat. 1475 (19... |
Section 5101.87 | Victims of human trafficking fund.
...There is hereby created in the treasury of state the victims of human trafficking fund consisting of money seized in connection with a violation of section 2905.32, 2907.21, or 2907.22 of the Revised Code or acquired from the sale of personal effects, tools, or other property seized because the personal effects, tools, or other property were used in the commission of a violation of section 2905.32, 2907.21, or 2907.2... |
Section 5101.88 | Kinship support program definitions.
...As used in sections 5101.881 to 5101.8811 of the Revised Code: (A) "Cost-of-living adjustment" has the same meaning as in section 5107.04 of the Revised Code. (B) "Kinship caregiver" has the same meaning as in section 5101.85 of the Revised Code. |
Section 5101.881 | Kinship support program established and administered.
...There is hereby established the kinship support program. The department of children and youth shall coordinate and administer the program to the extent funds are appropriated and allocated for this purpose. |
Section 5101.884 | Kinship caregivers eligible for payments.
...the temporary or permanent custody of a public children services agency or under the Title IV-E agency with legal responsibility for the care and placement of the child; and (B) Do not have foster home certification under section 5103.03 of the Revised Code. |
Section 5101.885 | Payment amount.
...Kinship support program payments under section 5101.884 of the Revised Code shall be ten dollars and twenty cents per child, per day, to the extent funds are available. The department of children and youth shall increase the payment amount on January 1, 2022, and on the first day of each January thereafter by the cost-of-living adjustment made in the immediately preceding December. |
Section 5101.886 | Payments time-limited.
...Kinship support program payments shall be made to kinship caregivers as follows: (A) For not more than nine months after the effective date of this section, if a child has been placed with the kinship caregiver as of the effective date of this section ; (B) For not more than than nine months after the placement of a child with the kinship caregiver, if the placement occurs during the nine-month period that begins... |
Section 5101.887 | Conditions requiring payments to cease.
...Kinship support program payments under section 5101.884 of the Revised Code shall cease when any of the following occur: (A) The kinship caregiver obtains foster home certification under section 5103.03 of the Revised Code. (B) In accordance with section 5101.886 of the Revised Code; (C) Placement with the kinship caregiver is terminated or otherwise ceases. |
Section 5101.889 | Foster care maintenance payments for kinship caregiver certified as foster home.
...A kinship caregiver, on obtaining foster home certification under section 5103.03 of the Revised Code, shall receive foster care maintenance payments equal to the custodial agency rate as determined by the certifying agency, which is either the custodial agency, private child placing agency, or private non-custodial agency. |
Section 5101.8811 | Kinship support program rules.
...The director of children and youth may adopt rules for the administration of the kinship support program in accordance with section 111.15 of the Revised Code. |
Section 5101.8812 | Inalienability of benefits.
...Benefits and services provided under the kinship guardianship assistance program, extended kinship guardianship assistance program, kinship support program, and kinship permanency incentive program are inalienable whether by way of assignment, charge, or otherwise and exempt from execution, attachment, guardianship, and other like processes. |
Section 5101.89 | Youth and family ombudsman office definitions.
...the temporary or permanent custody of a public children services agency, a planned permanent living arrangement, or in the Title-IV-E-eligible care and placement responsibility of a juvenile court or other governmental agency that provides Title IV-E reimbursable placement services. (B) "Emancipated young adult" has the same meaning as in section 5101.141 of the Revised Code. |
Section 5101.891 | Youth and family ombudsman office.
... of children and families involved with public children services agencies, Title IV-E agencies, or private provider agencies that administer or oversee foster care or placement services for the children services system. The office shall ensure the independent and impartial review of youth, family, and community complaints or concerns. |
Section 5101.892 | Office duties; annual report.
... including children in the custody of a public children services agency or in the care and placement of a Title IV-E agency, related to government services regarding child protective services, foster care, and adoption; (B) Establish procedures for receiving and resolving complaints, consistent with state and federal law; (C) Provide an annual report to the governor, speaker of the house of representatives, pre... |
Section 5101.893 | Evaluation of annual report.
...Not later than sixty days after release of the annual report described under section 5101.892 of the Revised Code, the overcoming hurdles in Ohio youth advisory board shall provide an evaluation of the report to the governor and the youth ombudsman of the youth and family ombudsman office. |
Section 5101.894 | Reporting suspected violations of state law.
...To the extent permitted by state or federal law, a representative of the youth and family ombudsman office may report to an appropriate authority any suspected violation of state law discovered during the course of a complaint review. |
Section 5101.895 | Office administration.
...The department of job and family services shall be responsible for all administrative undertakings for the youth and family ombudsman office, including the provision of offices, equipment, and supplies, as necessary. |
Section 5101.897 | Employee prohibitions.
...(A) No employee of the youth and family ombudsman office shall do any of the following: (1) Hold any office of trust or profit; (2) Engage in any occupation or business interfering or inconsistent with the duties of the office; (3) Serve on any committee of any political party; (4) Have any interest that is, or may be, in conflict with the interests and concerns of the office. (B) As used in this section, ... |
Section 5101.899 | Record access and confidentiality.
...roviding information about a complaint, public entities, and confidential records. (B) The office shall have access to any necessary records in the control of a public children services agency, a Title IV-E agency, or a private provider agency that administers or oversees foster care or placement services for the children services system. (C) Files of the office and any records contained in those files are not pu... |
Section 5101.90 | Evaluation of county department on helping public assistance recipients obtain employment.
...(A) As used in this section, "public assistance" has the same meaning as in section 5101.26 of the Revised Code. (B) The department of job and family services, in consultation with representatives designated by the county commissioners association of Ohio and the Ohio job and family services directors association, shall establish an evaluation system that rates each county department of job and family servic... |
Section 5101.93 | Warning, explanation for failure to report violation involving a companion animal.
...(A) As used in this section, "social service professional" has the same meaning as in section 959.07 of the Revised Code. (B) For a first or subsequent violation of division (B)(1) of section 959.07 of the Revised Code by a social service professional, the entity with responsibility for employment oversight of that social service professional, as applicable, shall at minimum issue a confidential written warning to ... |
Section 5101.971 | Annual report.
...The department of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code to govern the implementation of individual development account programs under sections 329.11 to 329.14 of the Revised Code by county departments of job and family services, which shall include rules covering both of the following: (A) Imposing a penalty for unauthorized use of matching contributions; (... |
Section 5101.98 | Public assistance programs quarterly report.
...mily services shall compile a report on public assistance programs in this state, including the following information: (1) Regarding the supplemental nutrition assistance program, the number of: (a) Accounts with high balances, as determined by the department; (b) Out-of-state transactions; (c) Transactions when the final amount processed was a whole dollar amount without additional cents. (2) Regardin... |
Section 5101.99 | Penalty.
...(A) Whoever violates division (A) of section 5101.27 of the Revised Code is guilty of a misdemeanor of the first degree. (B) Whoever violates section 5101.133, division (A) of section 5101.63, or division (C)(2) of section 5101.631 of the Revised Code is guilty of a misdemeanor of the fourth degree. |
Section 5103.02 | Placement of children definitions.
...ation, society, association, or agency, public or private, that receives or cares for children for two or more consecutive weeks; (b) Any individual, including the operator of a foster home, who, for hire, gain, or reward, receives or cares for children for two or more consecutive weeks, unless the individual is related to them by blood or marriage; (c) Any individual not in the regular employ of a court, or of... |
Section 5103.021 | Scholars residential centers.
...plans or service plans. (5) Training requirements for center staff are limited to completion of all of the following: (a) Orientation training; (b) Current American red cross, American heart association, or equivalent first aid and cardiopulmonary resuscitation certification; (c) One hour of annual trauma training. (6) A center is not subject to existing rules regarding: (a) Recreation and leisure a... |
Section 5103.03 | Rules for adequate and competent management of institutions or associations.
...r homes and specialized foster homes to public children services agencies, private child placing agencies, or private noncustodial agencies. (2) The director shall adopt rules that require a foster caregiver or other individual certified to operate a foster home under this section to notify the recommending agency that the foster caregiver or other individual is licensed to operate a type B family child care home ... |
Section 5103.031 | Preplacement training.
...Except as provided in section 5103.033 of the Revised Code, the department of children and youth may not issue a certificate under section 5103.03 of the Revised Code to a foster home unless the prospective foster caregiver successfully completes preplacement training through a preplacement training program approved by the department of children and youth under section 5103.038 of the Revised Code or preplacement tra... |
Section 5103.032 | Continuing training.
...(A) Except as provided in division (B) of this section and in section 5103.033 of the Revised Code, the department of children and youth may revoke a foster home certificate under section 5103.03 of the Revised Code if the foster caregiver fails to successfully complete continuing training in accordance with the foster caregiver's needs assessment and continuing training plan developed and implemented under section 5... |
Section 5103.033 | Training required where child was less than six months of age at time of temporary custody agreement.
...e of a child who is in the custody of a public children services agency or private child placing agency pursuant to an agreement entered into under section 5103.15 of the Revised Code regarding a child who was less than six months of age on the date the agreement was executed if the prospective foster caregiver or foster caregiver successfully completes the following: (1) A preplacement training program approved u... |
Section 5103.034 | Making training programs available.
...(A) Private child placing agencies and private noncustodial agencies operating a preplacement or continuing training program approved by the department of children and youth under section 5103.038 of the Revised Code shall make the program available to a prospective foster caregiver or foster caregiver without regard to the type of recommending agency from which the prospective foster caregiver or foster caregiver se... |
Section 5103.035 | Needs assessment and continuing training plan.
...A public children services agency, private child placing agency, or private noncustodial agency acting as a recommending agency for a foster caregiver shall develop and implement a written needs assessment and continuing training plan for the foster caregiver in accordance with rules adopted under section 5103.0316 of the Revised Code. |
Section 5103.036 | Accepting training from other programs.
...(A) For the purpose of determining whether a prospective foster caregiver or foster caregiver has satisfied the requirement of section 5103.031 or 5103.032 of the Revised Code, a recommending agency shall accept training obtained from either of the following: (1) Any preplacement or continuing training program approved by the department of children and youth under section 5103.038 of the Revised Code; (2) The O... |
Section 5103.037 | Appointment of board president, administrator, or officer.
...rtment of justice national sex offender public web site. (B) The institution or association may refuse to hire or appoint a person as board president, or as an administrator or officer as follows: (1) Based solely on the findings of the summary report described in division (B)(1)(a) of section 5103.18 of the Revised Code or the results of the search described in division (A)(4) of this section; (2) Based on ... |
Section 5103.038 | Agencies submitting proposals for programs.
...(A) Every other year by a date specified in rules adopted under section 5103.0316 of the Revised Code, each private child placing agency and private noncustodial agency that seeks to operate a preplacement training program or continuing training program under section 5103.034 of the Revised Code shall submit to the department of children and youth a proposal outlining the program. The proposal may be the same as, a m... |
Section 5103.0310 | Background checks.
...rtment of justice national sex offender public web site regarding the person; (2) Obtain a summary report of a search of the uniform statewide automated child welfare information system in accordance with divisions (A) and (B) of section 5103.18 of the Revised Code. (B) An institution or association, as defined in division (A)(1)(a) of section 5103.02 of the Revised Code, that is not a residential facility, as ... |
Section 5103.0312 | Reimbursement of caregivers for training courses.
...A public children services agency, private child placing agency, or private noncustodial agency acting as a recommending agency for a foster caregiver shall reimburse the foster caregiver in a lump sum for attending a preplacement training program operated under section 5103.034 or 5103.30 of the Revised Code and shall reimburse the foster caregiver a stipend for attending a continuing training program operated under... |
Section 5103.0313 | Reimbursement of agencies for training courses.
...Except as provided in section 5103.303 of the Revised Code, the department of children and youth shall compensate a private child placing agency or private noncustodial agency for the cost of procuring or operating preplacement and continuing training programs approved by the department of children and youth under section 5103.038 of the Revised Code for prospective foster caregivers and foster caregivers who are rec... |
Section 5103.0314 | Recommending agencies ineligible for reimbursement.
...The department of children and youth shall adopt rules regarding the compensation of a recommending agency for any training the agency requires a foster caregiver to undergo as a condition of the agency recommending the department certify the foster caregiver's foster home under section 5103.03 of the Revised Code if the training is in excess of the training required under section 5103.031 of the Revised Code. The... |
Section 5103.0315 | Federal financial participation in payment of training costs.
...The department of children and youth shall seek federal financial participation for the cost of making payments under section 5103.0312 of the Revised Code and allowances under sections 5103.0313 and 5103.303 of the Revised Code. The department shall notify the governor, president of the senate, minority leader of the senate, speaker of the house of representatives, and minority leader of the house of representatives... |
Section 5103.0316 | Training program rules.
... proposal outlining the program; (B) Requirements governing the department's compensation of private child placing agencies and private noncustodial agencies under sections 5103.0312 and 5103.0313 of the Revised Code, including the allowance to reimburse the agencies for the cost of providing the training under sections 5103.031, 5103.032, and 5103.033 of the Revised Code; (C) Requirements governing the continu... |
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. |
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. |
Section 5103.0319 | Notification of conviction of certain offenses by foster child.
...(A) No foster caregiver or prospective foster caregiver shall fail to notify the recommending agency that recommended or is recommending the foster caregiver or prospective foster caregiver for certification in writing if 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 any of the fol... |
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... |
Section 5103.0321 | Duties of agency upon notice of conviction of certain offense by foster child.
...On receipt of notice under section 5103.0319 of the Revised Code, the recommending agency shall do all of the following: (A) Review the foster caregiver's foster home certificate. After review, the agency may recommend that the department of children and youth revoke the certificate. (B) Review the placement in the foster home of any child of whom the agency has temporary, legal, or permanent custody. After rev... |
Section 5103.0322 | Notice to applicant or certificate holder of decisions.
...On receipt 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... |
Section 5103.0323 | Audit prior to renewal of certificate.
...ction, "American institute of certified public accountants auditing standards" and "AICPA auditing standards" mean the auditing standards published by the American institute of certified public accountants. (B) Not later than two years after the date of certification, and at least every two years thereafter, a private child placing agency or private noncustodial agency shall provide the department of children and ... |
Section 5103.0324 | Assessor to conduct home study.
...l provide for an assessor who meets the requirements of section 3107.014 of the Revised Code to conduct a home study of the home. |
Section 5103.0325 | Review of rules for agency visits.
...ules governing visits and contacts by a public children services agency or private child placing agency with a child in the agency's custody and placed in foster care in this state. The department shall adopt rules in accordance with Chapter 119. of the Revised Code to ensure compliance with the department's rules governing agency visits and contacts with a child in its custody. |
Section 5103.0326 | Nonrenewals based on refusals to accept children.
...(A) A recommending agency 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 11... |
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... |
Section 5103.0328 | Notice of arrest or conviction of foster caregiver.
...(A) Not later than ninety-six hours after receiving notice from the superintendent of the bureau of criminal identification and investigation pursuant to section 109.5721 of the Revised Code that a foster caregiver has been arrested for, convicted of, or pleaded guilty to any foster caregiver-disqualifying offense, and not later than ninety-six hours after learning in any other manner that a foster caregiver has been... |
Section 5103.0329 | Waiver of non-safety standards for kinship caregivers seeking foster home certification.
...ndards 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 accordance with 42 U.S.C. 671 (a)(10). (B) "Kinship caregiver" has the same meaning as in section 5101.85 of the Revised Code. |
Section 5103.04 | Articles of incorporation to be filed with department of children and youth.
...ch association is desirable and for the public good. Amendments proposed to the articles of incorporation of any such association shall be submitted in like manner to the department, and the secretary of state shall not record such amendment or issue a certificate therefor until there is filed in the secretary of state's office the certificate of the department that it has examined such amendment, that the associa... |
Section 5103.05 | Notice of operation.
...ll applicable local planning and zoning requirements. A residential facility shall maintain compliance with all applicable local planning and zoning requirements in order for the facility's certificate to remain in good standing. (C) Prior to the commencement of operations of a residential facility, the operator of the facility shall provide to the board of township trustees or the legislative authority of the muni... |
Section 5103.051 | Community engagement plan.
...ng 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 accordance with Chapter 119. of th... |
Section 5103.052 | Residential facility - applicability.
...idential 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. |
Section 5103.053 | Residential facility criminal records check.
...r division (A) of this section is not a public record for the purposes of section 149.43 of the Revised Code and shall not be made available to any person other than the following: (1) The person who is the subject of the criminal records check or the person's representative; (2) The appointing or hiring officer requesting the criminal records check or the officer's representative; (3) The department of childre... |
Section 5103.054 | Review of residential facility locations.
...Not later than one hundred eighty days after the effective 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 ... |
Section 5103.055 | Communications regarding a residential facility.
...Not later than ninety 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 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) S... |
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. |
Section 5103.057 | Revocation of conditional use permit.
...f the facility fails to comply with the requirements of the permit or has failed to fulfill the requirements of a corrective 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 c... |
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 ... |
Section 5103.0510 | Residential facility 24-hour emergency on-call procedure.
...Each operator of a residential facility shall establish a twenty-four-hour emergency on-call procedure to respond to contact from hospitals, law enforcement officers, and first responders regarding emergencies involving a child under the care and supervision of the facility. |
Section 5103.0512 | Annual staff survey and review.
... Code to determine whether the training requirements are adequately responsive to the needs of residential facilities, based on the results of the review under division (B)(1) of this section. (C) If the director determines that Chapter 5101:2-9 of the Ohio Administrative Code should be updated pursuant to a review under division (B)(2) of this section, the director shall adopt or modify rules in accordance with Ch... |
Section 5103.0513 | Education form.
... create a standard form to be used by a public children services agency or private child placing agency with custody of a child placed in a residential facility to convey information necessary to support the child's education. (B)(1) A public children services agency or private child placing agency with custody of a child shall complete the form under division (A) of this section for each child the agency places in... |
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 ... |
Section 5103.08 | Administering funds under state dependent care development grants.
...s to or enter into contracts with other public or private entities. |
Section 5103.11 | Foster care and adoption initiatives fund.
...There is hereby created the foster care and adoption initiatives fund. The fund shall be in the custody of the treasurer of state, but shall not be part of the state treasury. The fund shall consist of moneys collected under section 2919.1912 of the Revised Code. All interest earned on the fund shall be credited to the fund. The purpose of the fund is to provide funding for foster care and adoption services and initi... |
Section 5103.12 | Payments to encourage adoptive placement of children in permanent custody of public children services agency.
...o receive a payment; (2) Eligibility requirements a public children services agency or private child placing agency must meet to enter into an agreement with the department; (3) Eligibility requirements that a child who is the subject of an agreement must meet; (4) Other administrative and operational requirements. |
Section 5103.13 | Children's crisis care facilities requirements and limitations.
...a person for compliance with any of the requirements imposed under this section or any of the rules adopted under division (H) of this section. (D) No certified children's crisis care facility shall do any of the following: (1) Provide residential care to a preteen for more than one hundred twenty days in a calendar year; (2) Provide residential care to a preteen for more than ninety consecutive days, which ... |
Section 5103.131 | Federal grant application for children's crisis care facilities.
...The department of children and youth may apply to the United States secretary of health and human services for a federal grant under the "Child Abuse Prevention and Treatment Act," 42 U.S.C. 5116, and the "Family First Prevention Services Act," 42 U.S.C. 50711, 50723, and 50741, to assist children's crisis care facilities certified under section 5103.13 of the Revised Code in providing temporary residential and other... |
Section 5103.14 | Enforcement powers.
...The department of children and youth shall enforce sections 2151.39, 5103.15, and 5103.16 of the Revised Code. |
Section 5103.15 | Agreements for temporary custody.
...ent between a parent and an agency, the requirements of section 5103.151 of the Revised Code are met. The agency requesting the approval of the permanent surrender agreement shall file with the court an original or amended case plan, prepared pursuant to section 2151.412 of the Revised Code, at the same time that it files its request for the approval of the permanent surrender agreement. (4) Notwithstanding divisio... |
Section 5103.151 | Duties prospective parent of adoptee.
...approving the parent's agreement with a public children services agency or private child placing agency under division (B)(1) of section 5103.15 of the Revised Code: (1) Appear personally before the court; (2) Sign the component of the form prescribed under division (A)(1)(a) of section 3107.083 of the Revised Code; (3) Check either the "yes" or "no" space provided on the component of the form prescribed und... |
Section 5103.152 | Duties of assessor.
...ot less than seventy-two hours before a public children services agency or private child placing agency enters into an agreement with a parent under division (B) of section 5103.15 of the Revised Code, an assessor shall meet in person with the parent and do both of the following: (A) Provide the parent with a copy of the written materials about adoption prepared by the department of children and youth under divisi... |
Section 5103.153 | Review hearing of agreement.
...(A)(1) A juvenile court shall conduct a review hearing of an agreement the court approves under division (B)(1) of section 5103.15 of the Revised Code once every seven months after the agreement is entered into if a final decree or interlocutory order of adoption for the child who is the subject of the agreement has not been issued or become final and the agreement is still in effect. (2) A juvenile court shall con... |
Section 5103.155 | Surplus in putative father registry fund used to promote adoption of children with special needs.
...As used in this section, "children with special needs" has the same meaning as in rules adopted under section 5153.163 of the Revised Code. If the department of job and family services determines that money in the putative father registry fund created under section 2101.16 of the Revised Code is more than is needed to perform its duties related to the putative father registry, the department may transfer surplus m... |
Section 5103.16 | Certification required before associations and institutions may accept temporary or permanent custody of child.
...release is in a form that satisfies the requirements of the immigration and naturalization service of the United States department of justice for purposes of immigration to this country pursuant to section 101(b)(1)(F) of the "Immigration and Nationality Act," 75 Stat. 650 (1961), 8 U.S.C. 1101 (b)(1)(F), as amended or reenacted. If the parent or parents of the child are deceased or have abandoned the child, as de... |
Section 5103.161 | Notification of foster caregiver or relative with custody of permanent custody motion or prospective adoption placement.
.... If a private child placing agency or public children services agency has placed a child in a foster home or with a relative of the child, other than a parent of the child, the agency shall notify the child's foster caregiver or relative if the agency seeks permanent custody of the child, or, if the agency already has permanent custody of the child, seeks to place the child for adoption. The notice also shall infor... |
Section 5103.162 | Qualified immunity of foster caregiver.
...chment, and social activities. (2) A public children services agency, private child placing agency, or private noncustodial agency that serves as the child's custodian or as the supervising agency for the resource caregiver shall be immune from liability in a civil action to recover damages for injury, death, or loss to person or property that result from a resource caregiver's or agency's decisions using a reason... |
Section 5103.163 | Resource family bill of rights.
...(A) The department of children and youth shall adopt rules in accordance with Chapter 119. of the Revised Code to establish and enforce a resource family bill of rights for resource families providing care for individuals who are in the custody or care and placement of an agency that provides Title IV-E reimbursable services pursuant to sections 5103.03 to 5103.181 of the Revised Code. (B) If the rights of the res... |
Section 5103.17 | Advertising or inducements as to adoption or foster home placement.
...ection 5103.03 of the Revised Code or a public children services agency, shall advertise that the person or government entity will adopt children or place them in foster homes, hold out inducements to parents to part with their offspring or in any manner knowingly become a party to the separation of a child from the child's parents or guardians, except through a juvenile court or probate court commitment. (C) The ... |
Section 5103.18 | Pre-placement report of child welfare system information search.
...ld is subject and in regards to which a public children services agency has done one of the following: (a) Determined that abuse or neglect occurred; (b) Initiated an investigation, and the investigation is ongoing; (c) Initiated an investigation, and the agency was unable to determine whether abuse or neglect occurred. (2) The summary report required under division (A) of this section shall not contain a... |
Section 5103.181 | Background checks.
...rtment of justice national sex offender public web site regarding the prospective or current foster caregiver and all persons eighteen years of age or older who reside with the prospective or current foster caregiver. Certification may be denied based solely on the results of the search. (B) The director of children and youth shall adopt rules in accordance with Chapter 119. of the Revised Code necessary for the i... |
Section 5103.20 | Interstate compact for placement of children adopted.
...ucted in accordance with the applicable requirements of the state in which the home is located, and documents the preparation and the suitability of the placement resource for placement of a child in accordance with the laws and requirements of the state in which the home is located. (G) "Indian tribe" means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for... |
Section 5103.21 | Department compact implementing rules.
...The department of children and youth may adopt rules necessary for the implementation of section 5103.20 of the Revised Code. |
Section 5103.22 | State human services administration.
...As used in division (B) of Article VIII of section 5103.20 of the Revised Code, "state human services administration" means the department of children and youth. |
Section 5103.23 | Interstate Compact on Placement of Children.
...aused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons. (D) "Placement" means the arrangement for the care of a child in a family free or boarding home, or in a child-caring agency or institution but does not include any institution caring for the mentally ill, men... |
Section 5103.231 | Determination of financial responsibility.
...Financial responsibility for any child placed pursuant to the provisions of the interstate compact on the placement of children shall be determined in accordance with the provisions of Article V of section 5103.23 of the Revised Code. However, in the event of parental or complete default of performance thereunder, the provisions of laws fixing responsibility for the support of children also may be invoked. |
Section 5103.232 | Appropriate public authority.
...The "appropriate public authorities" as used in Article III of section 5103.20 of the Revised Code means the department of children and youth and that department shall receive and act with reference to notices required by said Article III. |
Section 5103.233 | Appropriate authority in receiving state.
...As used in paragraph (A) of Article V of the interstate compact on the placement of children, the phrase "appropriate authority in the receiving state" with reference to this state shall mean the department of children and youth. |
Section 5103.234 | Agreements with other party states.
...The officers and agencies of this state and its subdivisions having authority to place children are hereby empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to paragraph (B) of Article V of the interstate compact on the placement of children. Any such agreement which contains a financial commitment or imposes a financial obligation on this state is sub... |
Section 5103.235 | Requirements for visitation, inspection, supervision of children.
...Any requirements for visitation, inspection, or supervision of children, homes, institutions, or other agencies in another party state which may apply under Chapter 5103. of the Revised Code shall be deemed to be met if performed pursuant to an agreement entered into by appropriate officers or agencies of this state or a subdivision thereof as contemplated by paragraph (B) of Article V of the interstate compact... |
Section 5103.236 | Jurisdiction of court.
...Any court having jurisdiction to place delinquent children may place such a child in an institution in another state pursuant to Article VI of the interstate compact on the placement of children and shall retain jurisdiction as provided in Article V thereof. |
Section 5103.237 | Executive head defined.
...As used in Article VII of the interstate compact on the placement of children, the term "executive head" means the governor. The Governor is hereby authorized to appoint a compact administrator in accordance with the terms of said Article VII. |
Section 5103.30 | Ohio child welfare training program.
...The Ohio child welfare training program is hereby established in the department of children and youth as a statewide program. The program shall provide all of the following: (A) The training that section 3107.014 of the Revised Code requires an assessor to complete; (B) The preplacement training that sections 5103.031 and 5103.033 of the Revised Code require a prospective foster caregiver to complete; (C) Th... |
Section 5103.302 | Private agency enrollment conditioned on space.
...The Ohio child welfare training program may condition a prospective foster caregiver or foster caregiver's enrollment in its preplacement and continuing training provided under divisions (B) and (C) of section 5103.30 of the Revised Code on the availability of space in the training if the prospective foster caregiver or foster caregiver's recommending agency is a private child placing agency or private noncustodial a... |
Section 5103.303 | Payment of department allowance to private agencies.
...When the Ohio child welfare training program provides preplacement or continuing training to a prospective foster caregiver or foster caregiver whose recommending agency is a private child placing agency or private noncustodial agency, the department of children and youth shall not pay the Ohio child welfare training program the allowance the department would otherwise pay to the private child placing agency or priva... |
Section 5103.32 | Funding Ohio child welfare training program.
...(A) As used in this section: (1) "Title IV-B" means Title IV-B of the "Social Security Act of 1967," 81 Stat. 821, 42 U.S.C. 620, as amended. (2) "Title IV-E" means Title IV-E of the "Social Security Act," 94 Stat. 501, 42 U.S.C. 670(1980). (3) "Title XX" has the same meaning as in section 5101.46 of the Revised Code. (B) For purposes of adequately funding the Ohio child welfare training program, the depa... |
Section 5103.37 | Training coordinator for child welfare training program - duties.
...The Ohio child welfare training program coordinator shall do all the following: (A) Manage, coordinate, and evaluate all of the program's training provided under section 5103.30 of the Revised Code; (B) Develop curriculum, resources, and products for the training; (C) Provide fiscal management and technical assistance to regional training staff established under section 5103.41 of the Revised Code; (D) Co... |
Section 5103.39 | Training program steering committee.
...The director of children and youth shall establish the Ohio child welfare training program steering committee. Sections 101.82 to 101.87 of the Revised Code do not apply to the committee. |
Section 5103.391 | Appointment of members.
...zation that represents the interests of public children services agencies; (D) One representative of the Ohio child welfare training program coordinator; (E) Two current foster caregivers certified by the department of children and youth under section 5103.03 of the Revised Code; (F) Employees of public children services agencies. |
Section 5103.40 | Ohio child welfare program steering committee.
...he preplacement and continuing training requirements of sections 5103.031, 5103.032, and 5103.033 of the Revised Code; (3) PCSA caseworkers to satisfy the training requirements of section 5153.122 of the Revised Code; (4) PCSA caseworker supervisors to satisfy the training requirements of section 5153.123 of the Revised Code. |
Section 5103.41 | Designating training regions.
... The department may make a grant to a public children services agency that establishes and maintains a regional training center under this section for the purpose of wholly or partially subsidizing the operation of the center. The department shall specify in the grant all of the center's duties, including the duties specified in section 5103.42 of the Revised Code. |
Section 5103.42 | [Former R.C. 5103.422, amended and renumbered by H.B. 33, 135th General Assembly, effective 10/3/2023] Regional training staff responsibilities.
...CSA caseworker supervisor employed by a public children services agency located in the training region; (D) Analyzing training needs of PCSA caseworkers and PCSA caseworker supervisors employed by a public children services agency and other training populations described in section 5103.30 of the Revised Code and located in the training region; (E) Coordinating the training for the region with the Ohio child we... |
Section 5103.50 | License for private, nonprofit therapeutic wilderness camp.
...2) Standards for ensuring the reporting requirements under section 2151.421 of the Revised Code are met. (E) The camp shall ensure that no child resides at the camp for more than twelve consecutive months, unless the camp has completed a full evaluation that determines the child is not ready for reunification with the child's family or guardian. Such evaluation shall include any outside professional determined to ... |
Section 5103.52 | Inspection.
...(A) The director of children and youth may inspect a private, nonprofit therapeutic wilderness camp at any time. (B) The director may request access to the camp's records or to the written policies adopted by the camp pursuant to section 5103.50 of the Revised Code. |
Section 5103.53 | Injunctive relief.
...A private, nonprofit therapeutic wilderness camp shall not operate without a license issued under section 5103.50 of the Revised Code. If the director of children and youth determines that a camp is operating without a license, the director may petition the court of common pleas in the county in which the camp is located for an order enjoining its operation. The court shall grant injunctive relief upon a showing that... |
Section 5103.54 | Rules.
...(A) The director of children and youth shall adopt rules in accordance with Chapter 119. of the Revised Code to establish the following: (1) Policies and procedures for enforcing the minimum standards of operation for private, nonprofit therapeutic wilderness camps; (2) Procedures the director shall follow if the director determines that conditions at a camp pose imminent risk to the life, health, or safety of ... |
Section 5103.55 | Compulsory school attendance.
...A parent of a child attending a private, nonprofit therapeutic wilderness camp is not relieved of the parent's obligations regarding compulsory school attendance pursuant to section 3321.04 or 3321.042 of the Revised Code. |
Section 5103.57 | Professional treatment staff definitions.
...As used in sections 5103.58 and 5103.59 of the Revised Code: (A) "Professional treatment staff" means a specialized foster home program agency employee or contractor with responsibility for any of the following: (1) Providing rehabilitative services to a child placed in a specialized foster home program or to the child's family; (2) Conducting home studies as an assessor for specialized foster homes; (3) Prov... |
Section 5103.58 | Professional treatment staff requirements and training.
...cy who are not subject to the licensing requirements of Chapter 4757. of the Revised Code shall meet the requirements of sections 5153.112 and 5153.122 of the Revised Code. (B)(1) Professional treatment staff employed by a private child placing agency or private noncustodial agency who are not subject to the licensing requirements of Chapter 4757. of the Revised Code shall meet the requirements of: (a) Section ... |
Section 5103.59 | Professional treatment staff training program.
...te noncustodial agencies that meets the requirements of division (B)(1) of section 5103.58 of the Revised Code. |
Section 5103.60 | Residential infant care center definitions.
...As used in sections 5103.602 to 5103.6018 of the Revised Code: (A) "Infant" means a child who is less than one year of age. (B) "Residential infant care center" means a facility that has as its primary purpose the provision of residential services for infants affected by substance use and the preservation of families through infant diversion practices and programs. |
Section 5103.602 | Application for residential infant care center certification.
...if the center is in compliance with the requirements and rules described under division (B) of section 5103.603 of the Revised Code. |
Section 5103.603 | Certification of residential infant care center.
... if the center complies with all of the requirements under sections 5103.608 to 5103.6012 of the Revised Code and, if applicable, all of the rules adopted under section 5103.6018 of the Revised Code; (B)(1) Pursuant to division (B) of section 5103.602 of the Revised Code if the center is in compliance with all of the requirements under sections 5103.608 to 5103.6012 of the Revised Code and rules adopted under divi... |
Section 5103.608 | Infant eligibility for residential infant care center placement.
... regarding care for the infant. (C) A public children services agency or private child placing agency requires additional time to determine placement of the infant. |
Section 5103.609 | Placement in residential infant care center for up to 90 days.
..., guardian, or legal custodian; (2) A public children services agency; (3) A private child placing agency. (B) As used in this section, "legal custody" has the same meaning as in section 2151.011 of the Revised Code. |
Section 5103.6010 | Residential infant care center operational requirements.
...operate with any transferring hospital, public children services agency, and private child placing agency; (3) Refer affected families or caregivers to appropriate community agencies and services for support and aftercare; (4) Follow up with affected families and caregivers following the infant's discharge. (I)(1) Encourage employee-supervised dyad care and permit one of the infant's parents or caregivers to... |
Section 5103.6011 | Residential infant care center compliance exclusions.
...ployed by the center to comply with the requirements under paragraph (M)(3) of rule 5101:2-9-02 and paragraphs (J) to (L) of rule 5101:2-9-03 of the Administrative Code. (B) The provisions of this section do not apply on and after the date the department of children and youth adopts rules regarding certification under section 5103.6018 of the Revised Code. |
Section 5103.6012 | Residential infant care center child-to-staff ratios.
...A residential infant care center shall not count volunteers or interns to meet child-to-staff ratios, except for in emergency situations, including an extremely ill staff member. |
Section 5103.6015 | Federal grant application for residential infant care centers.
...The department of children and youth may apply to the United States secretary of health and human services for a federal grant under the "Child Abuse Prevention and Treatment Act," 42 U.S.C. 5116, and the "Family First Prevention Services Act," 42 U.S.C. 50711, 50723, and 50741 to assist residential infant care centers certified under section 5103.603 of the Revised Code in providing temporary residential and other c... |
Section 5103.6016 | [Former R.C. 5103.132, amended and renumbered by H.B. 265, 134th General Assembly, effective 6/13/2022] Firearms on grounds of residential infant care center.
...(A) As used in this section, "firearm" has the same meaning as in section 2923.11 of the Revised Code. (B) A residential infant care center that regularly maintains on its premises schedule II controlled substances, as defined in section 3719.01 of the Revised Code, may do both of the following: (1) Maintain firearms at the facility; (2) Permit security personnel to bear firearms while on the grounds of the fac... |
Section 5103.6017 | Suspension or revocation of residential infant care center certification.
...ates or fails to comply with any of the requirements under sections 5103.608 to 5103.6012 of the Revised Code and, as applicable, the rules adopted under section 5103.6018 of the Revised Code or division (H) of section 5103.13 of the Revised Code. |
Section 5103.6018 | Residential infant care facility certification rules.
...The director of children and youth shall adopt rules pursuant to Chapter 119. of the Revised Code for the certification of residential infant care centers. |
Section 5103.61 | Family preservation center definition.
...As used in sections 5103.61 to 5103.617 of the Revised Code, "family preservation center" means a certified children's crisis care facility or residential infant care center that has as its primary purpose the preservation of families. |
Section 5103.611 | Family preservation center certification application.
...A person who holds an active license to operate a children's crisis care facility under section 5103.13 of the Revised Code or a residential infant care center under section 5103.602 of the Revised Code may apply to the director of children and youth to obtain a certificate as a family preservation center under this section. |
Section 5103.612 | Certification of family preservation center; waiver prohibited.
... if the center complies with all of the requirements imposed under section 5103.614 of the Revised Code and all of the rules adopted under section 5103.617 of the Revised Code. (B) The director shall not issue a waiver to a person of compliance with any of the requirements imposed under this section or any of the rules adopted under section 5103.617 of the Revised Code. |
Section 5103.614 | Family preservation center operational requirements.
...A certified family preservation center shall do the following: (A) Obtain and maintain accreditation under the commission on accreditation of rehabilitation facilities, the joint commission on accreditation of healthcare organizations, or the council on accreditation for children and family services; (B) Obtain and maintain certification by the Ohio department of mental health and addiction services; (C) Provid... |
Section 5103.615 | Suspension or revocation of family preservation center certification.
...The director of children and youth may suspend or revoke a family preservation center's certificate pursuant to Chapter 119. of the Revised Code if the center violates or fails to comply with section 5103.614 of the Revised Code or any of the rules adopted under section 5103.617 of the Revised Code. |
Section 5103.617 | Family preservation center certification rules.
...Not later than ninety days June 13, 2022, the director of children and youth shall adopt rules pursuant to Chapter 119. of the Revised Code for the certification of family preservation centers. |
Section 5103.99 | Penalty.
...(A) Whoever violates section 5103.03 of the Revised Code shall be fined not less than five hundred nor more than one thousand dollars. (B) Whoever violates section 5103.15, 5103.16, or 5103.17 of the Revised Code shall be fined not less than five hundred nor more than one thousand dollars or imprisoned not more than six months, or both. |
Section 5104.01 | Child care definitions.
...s an alternative pathway to meeting the requirements to be a child care staff member or administrator that does both of the following: (1) Uses a framework approved by the director of children and youth to document formal education, training, experience, and specialized credentials and certifications; (2) Allows the child care staff member or administrator to achieve a designation as an early childhood professi... |
Section 5104.013 | Criminal records checks.
...nds that a person who is subject to the requirements of division (B), (C), or (D) of this section resided in another state during the previous five years, the director shall request the following from the other state: a criminal records check and information from the uniform statewide automated child welfare information system or state registry of sex offenders. (2) Whenever the director receives from an agency of... |
Section 5104.014 | Medical statement of immunization.
...hool-age child who is not enrolled in a public or nonpublic school but is enrolled in a child care center, type A family child care home, or licensed type B family child care home or receives child care from a certified in-home aide. (2) "In the process of being immunized" means having received at least the first dose of an immunization sequence and complying with the immunization intervals or catch-up schedule pr... |
Section 5104.015 | Adoption of rules.
...ate how the center proposes to meet the requirements of this chapter and rules adopted pursuant to this chapter for the initial license application; (B) Standards for ensuring that the physical surroundings of the center are safe and sanitary including the physical environment, the physical plant, and the equipment of the center; (C) Standards for the supervision, care, and discipline of children receiving chil... |
Section 5104.016 | Rules establishing minimum requirements for child care centers.
... shall adopt rules establishing minimum requirements for child care centers. The rules shall include the requirements set forth in sections 5104.032 to 5104.034 of the Revised Code. Except as provided in section 5104.07 of the Revised Code, the rules shall not change the square footage requirements of section 5104.032 of the Revised Code or the maximum number of children per care staff member and maximum group size r... |
Section 5104.017 | Adoption of rules governing the operation of type A family child care homes.
...ine of children receiving child care or publicly funded child care in the type A home; (D) Standards for a program of activities, and for play equipment, materials, and supplies, to enhance the development of each child; however, any educational curricula, philosophies, and methodologies that are developmentally appropriate and that enhance the social, emotional, intellectual, and physical development of each chil... |
Section 5104.018 | Adoption of rules governing the licensure of type B family child care homes.
...ll include all of the following: (A) Requirements for the type B home to notify parents with children in the type B home that the type B home is certified as a foster home under section 5103.03 of the Revised Code; (B) Standards for ensuring that the type B home and the physical surroundings of the type B home are safe and sanitary, including physical environment, physical plant, and equipment; (C) Standards... |
Section 5104.019 | Adoption of rules governing the certification of in-home aides.
...nts; (K) Qualifications and training requirements for in-home aides; (L) Standards providing for the needs of children who have disabilities or who receive treatment for health conditions while the child is receiving publicly funded child care in the child's own home; (M) Any other procedures and standards necessary to carry out the provisions of this chapter regarding certification of in-home aides. |
Section 5104.0110 | Rules requiring a physical examination.
...To the extent that any rules adopted for the purposes of this chapter require a health care professional to perform a physical examination, the rules shall include as a health care professional a physician assistant, a clinical nurse specialist, a certified nurse practitioner, or a certified nurse-midwife. |
Section 5104.0111 | Director of job and family services; duties.
... A homes, and type B homes; (2) Give public notice of hearings regarding the proposed rules at least thirty days prior to the date of the public hearing, in accordance with section 119.03 of the Revised Code; (3) At least thirty days before the effective date of a rule, provide, in either paper or electronic form, a copy of the adopted rule to each licensee; (4) Send to each county director of job and family... |
Section 5104.0112 | Regulation of instruction in religious or moral doctrines, beliefs, or values prohibited.
...Notwithstanding any provision of the Revised Code, the director of children and youth shall not regulate in any way under this chapter or rules adopted pursuant to this chapter, instruction in religious or moral doctrines, beliefs, or values. |
Section 5104.02 | License required.
...er 20, 1987, was being operated by a nonpublic school that holds a charter issued under section 3301.16 of the Revised Code for kindergarten only: (a) The nonpublic school has given the notice to the state board of education and the director of children and youth required by Section 4 of Substitute House Bill No. 253 of the 117th general assembly; (b) The nonpublic school continues to be chartered by the depart... |
Section 5104.021 | Exemption of youth development programs.
...on 5104.02 of the Revised Code from the requirements of this chapter if the youth development program applies for and meets all of the requirements for the license. |
Section 5104.022 | Licensing of foster homes as family child care homes.
...In no case shall the director of children and youth issue a license to operate a type A family child care home if the type A home is certified as a foster home or specialized foster home pursuant to Chapter 5103. of the Revised Code. In no case shall the director issue a license to operate a type B family child care home if the type B home is certified as a specialized foster home pursuant to Chapter 5103. of the Rev... |
Section 5104.03 | Application for and renewal of license.
...ensure a copy of the child care license requirements in this chapter and a copy of the rules adopted pursuant to this chapter. The copies may be provided in paper or electronic form. Fees shall be set by the director pursuant to sections 5104.015, 5104.017, and 5104.018 of the Revised Code and shall be paid at the time of application for a license to operate a center, type A home, or type B home. Fees collected un... |
Section 5104.032 | Physical space requirements for child care centers.
...recreation in lieu of the outdoor space requirements of this section and if the children are closely supervised both during play and while traveling to and from the area and except if the director determines upon investigation and inspection pursuant to section 5104.04 of the Revised Code and rules adopted pursuant to that section that the park, playground, or similar area, as well as access to and from the area, is ... |
Section 5104.033 | Staff to child ratios.
...are staff member and maximum group size requirements of the younger age group shall apply when age groups are combined. (B)(1) When age groups are combined, the maximum number of children per child care staff member shall be determined by the age of the youngest child in the group, except that when no more than one child thirty months of age or older receives services in a group in which all the other children are... |
Section 5104.034 | Trained staff required on premises.
...Each child care center shall have on the center premises and readily available at all times at least one child care staff member who has completed a course in first aid, one staff member who has completed a course in prevention, recognition, and management of communicable diseases which is approved by the state department of health, and a staff member who has completed a course in child abuse recognition and preventi... |
Section 5104.037 | Tuberculosis screening, testing of prospective employees.
...(A) As used in this section: (1) "Active tuberculosis" has the same meaning as in section 339.71 of the Revised Code. (2) "Latent tuberculosis" means tuberculosis that has been demonstrated by a positive reaction to a tuberculosis test but has no clinical, bacteriological, or radiographic evidence of active tuberculosis. (3) "Licensed health professional" means any of the following: (a) A physician author... |
Section 5104.038 | Enrollment, health, and attendance records.
...The administrator of each child care center shall maintain enrollment, health, and attendance records for all children attending the center and health and employment records for all center employees. The records shall be confidential, except that they shall be disclosed by the administrator to the director of children and youth upon request for the purpose of administering and enforcing this chapter and rules adopted... |
Section 5104.039 | Access to centers for parents or guardians.
...(A) Any parent who is the residential parent and legal custodian of a child enrolled in a child care center and any custodian or guardian of such a child shall be permitted unlimited access to the center during its hours of operation for the purposes of contacting their children, evaluating the care provided by the center, evaluating the premises of the center, or for other purposes approved by the director. A parent... |
Section 5104.04 | Investigating, inspecting, and licensing procedures established.
...pe B home is out of compliance with the requirements of this chapter or rules adopted pursuant to this chapter, the department shall investigate the center or home, and both of the following apply: (i) If the complaint alleges that a child suffered physical harm while receiving child care at the center or home or that the noncompliance alleged in the complaint involved, resulted in, or poses a substantial risk of ... |
Section 5104.041 | Type A and B family child care home requirements.
...(A) All type A family child care homes and licensed type B family child care homes shall procure and maintain one of the following: (1) Liability insurance issued by an insurer authorized to do business in this state under Chapter 3905. of the Revised Code insuring the type A or type B family child care home against liability arising out of, or in connection with, the operation of the family child care home. The i... |
Section 5104.042 | Suspension of child care center and home licenses without hearing.
... licensed type B home does not meet the requirements of section 5104.013 of the Revised Code. (B) The department shall serve a written order of suspension on the licensee as described in sections 119.05 and 119.07 of the Revised Code. The licensee may request an adjudicatory hearing before the department pursuant to sections 119.06 to 119.12 of the Revised Code. (C) Any summary suspension imposed under this sec... |
Section 5104.043 | Determination of serious risk of noncompliance; notice.
...les to enforce this section. (D) The requirements of this section do not apply if the department suspends the license of a child care center, type A family child care home, or licensed type B family child care home pursuant to section 5104.042 of the Revised Code. |
Section 5104.05 | Requirements for building, fire prevention, and food service.
...nd inspection of the center, that other requirements of this chapter, rules promulgated pursuant to this chapter, and the following requirements are met: (1) The buildings in which the center is housed, subsequent to any major modification, have been approved by the department of commerce or a certified municipal, township, or county building department for the purpose of operating a child care center. Any structu... |
Section 5104.051 | Responsibility for inspections.
...(A)(1) The department of commerce is responsible for the inspections of child care centers as required by division (A)(1) of section 5104.05 of the Revised Code. Where there is a municipal, township, or county building department certified under section 3781.10 of the Revised Code to exercise enforcement authority with respect to the category of building occupancy which includes child care centers, all inspections re... |
Section 5104.052 | Fire prevention and fire safety in licensed type B family child care homes.
...nsed that is providing or is to provide publicly funded child care. |
Section 5104.053 | Inspecting unlicensed type B homes.
...As a precondition of approval by the department of education and workforce pursuant to section 3313.813 of the Revised Code for receipt of United States department of agriculture child and adult care food program funds established under the "National School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, the provider of child care in a type B family child care home that is not licensed by the director of... |
Section 5104.054 | Zoning for type B family child care home.
...Any type B family child care home, whether licensed or not licensed by the director of children and youth, 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 regulations shall require a conditional use permit or any other spe... |
Section 5104.06 | Providing consultation and technical assistance.
...shall provide assistance in meeting the requirements of this chapter and rules adopted pursuant to this chapter and shall furnish information regarding child abuse identification and reporting of child abuse. (B) The director of children and youth shall provide consultation and technical assistance to county departments of job and family services to assist the departments with the implementation of certification o... |
Section 5104.07 | Additional requirements for licensing child care centers or type A family child care homes that provide publicly funded child care.
... A family child care homes that provide publicly funded child care pursuant to this chapter and any rules adopted under it. The director shall develop standards as required by federal laws and regulations for child care programs supported by federal funds. (B)(1) The department of children and youth shall develop a statewide plan for child care resource and referral services. The plan shall be based upon the exper... |
Section 5104.081 | Management of child care functions.
...The department of children and youth shall employ at least one senior-level, full-time employee who shall manage and oversee all child care functions under the authority of the department. |
Section 5104.09 | Discrimination prohibited.
...No administrator, employee, licensee, or child care staff member shall discriminate in the enrollment of children in a child care center, type A home, licensed type B home, or approved child day camp upon the basis of race, color, religion, sex, disability, or national origin. |
Section 5104.10 | Whistleblower protection.
...No employer shall discharge, demote, suspend, or threaten to discharge, demote, suspend, or in any manner discriminate against any employee based solely on the employee taking any of the following actions: (A) Making any good faith oral or written complaint to the director of children and youth or other agency responsible for enforcing Chapter 5104. of the Revised Code regarding a violation of this chapter or the ... |
Section 5104.12 | Certification of in-home aides to provide publicly funded child care.
...es may certify in-home aides to provide publicly funded child care pursuant to this chapter and any rules adopted under it. Any in-home aide who receives a certificate pursuant to this section to provide publicly funded child care is an independent contractor and is not an employee of the county department of job and family services that issues the certificate. (2) Every person desiring to receive certification as... |
Section 5104.13 | Publishing state statutes and rules governing certification of type B family child care homes.
...ner that the guide is accessible to the public, including type B home providers. |
Section 5104.14 | Readability of materials.
...All materials that are supplied by the department of children and youth to type A family child care home providers, type B family child care home providers, in-home aides, persons seeking to be type A family child care home providers, type B family child care home providers, or in-home aides, and caretaker parents shall be written at no higher than the sixth grade reading level. The department may employ a readabilit... |
Section 5104.21 | Child day camp registration.
...the county department of health and the public children services agency of the county in which the child day camp is located; (2) That the child day camp administrator or the administrator's representative agrees to permit a public children services agency or the county department of health to review or inspect the child day camp if a complaint is made to that department or any other state department or public chi... |
Section 5104.211 | Random sampling of child day camps to determine compliance with background checks.
...pliance with the criminal records check requirements of section 5104.013 of the Revised Code. The director shall remove a camp's name from the list when the camp demonstrates to the director that the camp is in compliance with that section. (E) For the purposes of divisions (C) and (D) of this section, a child day camp will be considered to be in compliance with section 5104.013 of the Revised Code by doing any of... |
Section 5104.22 | Enabling approved child day camp to receive public moneys.
...e an approved child day camp to receive public moneys pursuant to sections 5104.30 to 5104.39 of the Revised Code. The department of children and youth may charge a reasonable fee to inspect a child day camp to determine whether that child day camp meets the standards set forth in this section or in the rules adopted under this section. The department shall approve any child day camp that meets both of the following:... |
Section 5104.25 | Prohibiting smoking.
...9. of the Revised Code to implement the requirements of this section. These rules may prohibit smoking in a child care center, type A family child care home, or licensed type B family child care home if its design and structure do not allow persons to smoke under the conditions described in division (C) of this section or if repeated violations of division (A) or (B) of this section have occurred there. |
Section 5104.29 | Step up to quality program.
...g and development programs that provide publicly funded child care and are linked to achieving and maintaining quality standards; (5) Parent and consumer education to help parents learn about program quality and ratings so they can make informed choices on behalf of their children. (C) The step up to quality program shall have the following goals: (1) Increasing the number of low-income children, special nee... |
Section 5104.291 | Early learning and development program ratings.
...artment that the program is meeting the requirements of this section. |
Section 5104.30 | Administration and coordination of federal and state funding for publicly funded child care.
...evised Code establishing procedures and requirements for the registry's administration. (E)(1) The director shall adopt rules in accordance with Chapter 119. of the Revised Code establishing both of the following: (a) Reimbursement rates for providers of publicly funded child care not later than the first day of July in each odd-numbered year; (b) A procedure for reimbursing and paying providers of publicly ... |
Section 5104.301 | Parent cooperative child care centers and parent cooperative type A family child care homes.
...mily child care homes for recipients of publicly funded child care. A program established under this section may include any of the following: (A) Recruitment of parents interested in organizing a parent cooperative child care center or parent cooperative type A family child care home; (B) Provision of technical assistance in organizing a parent cooperative child care center or parent cooperative type A family ... |
Section 5104.31 | Eligible providers of services for publicly funded child care.
...(A) Publicly funded child care may be provided only by the following: (1) Any of the following licensed by the department of children and youth pursuant to section 5104.03 of the Revised Code or pursuant to rules adopted under section 5104.018 of the Revised Code: (a) A child care center, including a parent cooperative child care center; (b) A type A family child care home, including a parent cooperative typ... |
Section 5104.32 | Provider contracts.
...all comply with all standards and other requirements in this chapter and in rules adopted pursuant to this chapter for maintaining the provider's license, approval, or certification; (5) That, in the case of a border state child care provider, the provider shall continue to be licensed, certified, or otherwise approved by the state in which the provider is located and shall comply with all standards and other requ... |
Section 5104.33 | Forms for eligibility determinations for publicly funded child care.
...n making eligibility determinations for publicly funded child care. The form shall be as brief and simple as practicable. (B) In administering the process of applying for publicly funded child care, the county department of job and family services shall implement policies designed to ensure that the application process is as accessible to the public as possible. These policies shall include making the application ... |
Section 5104.34 | Determination of eligibility.
...y funded child care no longer meets the requirements of division (A)(2)(a)(ii) of this section, the caretaker parent may continue to receive publicly funded child care for a period of at least three but not more than four months not to extend beyond the caretaker parent's eligibility period. (d) If a child turns thirteen, or if a child receiving special needs child care turns eighteen, during the eligibility perio... |
Section 5104.341 | Validity of determination of eligibility.
...section 5104.34 of the Revised Code for publicly funded child care is valid for one year. (B) The county department of job and family services shall adjust the appropriate level of a fee charged under division (B) of section 5104.34 of the Revised Code if a caretaker parent reports changes in income, family size, or both. |
Section 5104.35 | County department of job and family services - powers and duties.
...gift, grant, or other funds from either public or private sources offered unconditionally or under conditions which are, in the judgment of the department, proper and consistent with this chapter and deposit the funds in the county public assistance fund established by section 5101.161 of the Revised Code; (2) Recruit individuals and groups interested in certification as in-home aides or in developing and operatin... |
Section 5104.36 | Record for each eligible child.
...The licensee or administrator of a child care center, type A family child care home, or licensed type B family child care home, an in-home aide providing child care services, the director or administrator of an approved child day camp, and a border state child care provider shall keep a record for each eligible child, to be made available to the county department of job and family services or the department of childr... |
Section 5104.37 | Activities to assist families and family child care homes; reports.
...(A) In addition to the duties described in division (D) of section 5104.30 of the Revised Code, the director of job and family services shall engage in activities to do the following: (1) Encourage the establishment and licensure of family day-care homes in this state, especially in areas with the greatest need for child care; (2) Connect families and caretaker parents in need of child care with family day-care h... |
Section 5104.38 | Rules governing financial and administrative requirements for publicly funded child day-care.
...ial and administrative requirements for publicly funded child care and establishing all of the following: (A) Procedures and criteria to be used in making determinations of eligibility for publicly funded child care that give priority to children of families with lower incomes and procedures and criteria for eligibility for publicly funded protective child care or homeless child care. The rules shall specify the m... |
Section 5104.382 | No contracts to person against whom finding for recovery has been issued.
...tablishing criteria for eligibility for publicly funded child care, the director of children and youth may prescribe the amount, duration, and scope of benefits available as publicly funded child care. |
Section 5104.39 | Monitoring present and anticipated future expenditures for publicly funded child day-care.
...ure for monitoring the expenditures for publicly funded child care to ensure that expenditures do not exceed the available federal and state funds for publicly funded child care. The department of children and youth, with the assistance of the office of budget and management, shall monitor the anticipated future expenditures for publicly funded child care and shall compare those anticipated future expenditures to ava... |
Section 5104.40 | Implementation of rules.
...le adopted under this chapter regarding publicly funded child care until the later of thirty days after the effective date of the rule or thirty days after the county department receives notice of the rule if such notification is required under this chapter. |
Section 5104.41 | Homeless child care.
...etaker who are otherwise ineligible for publicly funded child care are eligible for homeless child care for the lesser of the following: (A) Not more than ninety days; (B) The period of time they reside in a facility providing emergency shelter for homeless families or the period of time in which the county department determines they are homeless. |
Section 5104.42 | Payment procedure for publicly funded child care.
...de establishing a payment procedure for publicly funded child care. (B) The director, by rule adopted in accordance with section 111.15 of the Revised Code, may establish a methodology for allocating the state and federal funds appropriated for publicly funded child care. |
Section 5104.43 | Deposits into public assistance fund.
...ource for child care services into the public assistance fund established under section 5101.161 of the Revised Code. |
Section 5104.44 | Effect of child support default on license or certificate.
...On receipt of a notice pursuant to section 3123.43 of the Revised Code, the department of children and youth shall comply with sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code with respect to a license or certificate issued pursuant to this chapter. |
Section 5104.50 | [Former R.C. 3301.90, renumbered by H.B. 33, 135th General Assembly, effective 1/1/2025] Early childhood advisory council.
...est, shall make copies available to the public. |
Section 5104.51 | Preschool program licensing.
...The department of children and youth shall license a preschool program pursuant to sections 3301.52 to 3301.59 of the Revised Code. |
Section 5104.52 | Kindergarten readiness assessment.
...dergarten readiness assessment shall be public records. (B) When the kindergarten readiness assessment has been completed, the department shall inform all school districts of its completion and the department shall make the kindergarten readiness assessment available to districts at no cost to the district. (C) School districts shall administer the kindergarten readiness assessment pursuant to section 3301.0715... |
Section 5104.99 | Penalty.
...(A) Whoever violates section 5104.02 of the Revised Code shall be punished as follows: (1) For each offense, the offender shall be fined not less than one hundred dollars nor more than five hundred dollars multiplied by the number of children receiving child care at the child care center or type A family child care home that either exceeds the number of children to which a type B family day-care home may provide c... |
Section 5107.01 | Legislative policy.
...dule and satisfying the employer's work requirements, and to develop marketable skills. (2) That many minor heads of household and adults participating in the program need to complete high school or receive training for an occupation in order to qualify for employment. (B) The general assembly recognizes that some provisions of the Ohio works first program as operated pursuant to federal waivers granted by the Unit... |
Section 5107.02 | Ohio works first program definitions.
...As used in this chapter: (A) "Adult" means an individual who is not a minor child. (B) "Assistance group" means a group of individuals treated as a unit for purposes of determining eligibility for and the amount of assistance provided under Ohio works first. (C) "Custodian" means an individual who has legal custody, as defined in section 2151.011 of the Revised Code, of a minor child or comparable status ove... |
Section 5107.03 | Administration of program.
...There is hereby established the Ohio works first program. The department of job and family services shall administer the program, as long as federal funds are provided for the program, in accordance with Title IV-A, federal regulations, state law, the Title IV-A state plan submitted to the United States secretary of health and human services under section 5101.80 of the Revised Code, amendments to the plan, and... |
Section 5107.04 | Sources of cash assistance payments.
...As used in this section, "cost-of-living adjustment" means the cost-of-living adjustment made by the United States commissioner of social security under 42 U.S.C. 415(i) for benefits provided under Title II of the "Social Security Act of 1935." The department of job and family services shall make all cash assistance payments for Ohio works first from funds appropriated for the Ohio works first program. The am... |
Section 5107.05 | Adoption of rules.
...on, and other applicant and participant requirements shall be adopted in accordance with Chapter 119. of the Revised Code. Rules governing financial and other administrative requirements applicable to the department of job and family services and county departments of job and family services shall be adopted in accordance with section 111.15 of the Revised Code. (A) The rules shall specify, establish, or govern all ... |
Section 5107.10 | Time-limited cash assistance.
...ipate in Ohio works first even though a public children services agency removes the assistance group's minor children from the assistance group's home due to abuse, neglect, or dependency if the agency does both of the following: (a) Notifies the county department of job and family services at the time the agency removes the children that it believes the children will be able to return to the assistance group with... |
Section 5107.11 | Minor child's assistance group.
... governing assistance group composition requirements and except as provided in division (B) of this section, the specified relative may choose to be included in the minor child's assistance group. (B) If a specified relative resides with the specified relative's own minor child and another minor child who is related to the specified relative in a manner that makes the specified relative a specified relative, the spe... |
Section 5107.12 | Application for participation by assistance group.
...An assistance group seeking to participate in the Ohio works first program shall apply to a county department of job and family services using an application containing information the director of job and family services requires pursuant to rules adopted under section 5107.05 of the Revised Code and any additional information the county department requires. If cash assistance under the program is to be paid by... |
Section 5107.121 | Information regarding eligibility redetermination.
...A county department of job and family services shall provide assistance groups applying for or undergoing a redetermination of eligibility for Ohio works first written and oral information about both of the following: (A) The availability of counseling and supportive services pursuant to division (B) of section 5107.71 of the Revised Code for members of the assistance group who have been subjected to domestic... |
Section 5107.14 | Written self-sufficiency contracts.
...e child support enforcement agency and public children services agency will provide to the assistance group pursuant to a plan of cooperation entered into under section 307.983 of the Revised Code; (8) Other provisions designed to assist the assistance group in achieving self sufficiency and personal responsibility; (9) Procedures for assessing whether responsibilities are being satisfied and whether the contr... |
Section 5107.16 | Sanctioning assistance group for noncompliance with contract.
...eligible for all of the following: (1) Publicly funded child care in accordance with division (A)(3) of section 5104.30 of the Revised Code; (2) Support services in accordance with section 5107.66 of the Revised Code; (3) To the extent permitted by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C. 201, as amended, to participate in work activities, developmental activities, and alternative work ... |
Section 5107.161 | Written notice prior to sanction.
...Before a county department of job and family services sanctions an assistance group under section 5107.16 of the Revised Code, the state department of job and family services shall provide the assistance group written notice of the sanction in accordance with rules adopted under section 5107.05 of the Revised Code. The written notice shall include a provision printed in bold type face that informs the assistance grou... |
Section 5107.162 | Request for state hearing on sanction.
...If an assistance group requests a state hearing under division (B) of section 5101.35 of the Revised Code not later than fifteen calendar days after the department of job and family services mails the assistance group a written notice of a sanction under section 5107.161 of the Revised Code, a county department of job and family services shall postpone imposition of the sanction until the date a final decision is ren... |
Section 5107.17 | Resuming participation following sanction.
...Both of the following must occur before an assistance group may resume participation in Ohio works first following a sanction under section 5107.16 of the Revised Code: (A) The assistance group must reapply under section 5107.12 of the Revised Code if any of the following apply: (1) It is the assistance group's regularly scheduled time for an eligibility redetermination; (2) If the sanction was imposed under ... |
Section 5107.18 | Eligibility time limits.
...(A) Except as provided in divisions (B), (C), (D), (E), and (F) of this section, an assistance group is ineligible to participate in Ohio works first if the assistance group includes an individual who has participated in the program for thirty-six months as any of the following: an adult head of household, minor head of household, or spouse of an adult head of household or minor head of household. The time limit ... |
Section 5107.20 | Assignment of rights to support.
...As used in this section, "support" means child support, spousal support, and support for a spouse or a former spouse. Participation in Ohio works first constitutes an assignment to the department of job and family services of any rights members of an assistance group have to support from any other person. The rights to support assigned to the department pursuant to this section constitute an obligation of the... |
Section 5107.22 | Cooperation in establishing paternity and obtaining child support.
...nce group's paternity and support order requirements shall determine whether the caretaker is cooperating under this section. Cooperation includes providing sufficient information available to the caretaker to verify the identity of the minor child's father and establish, modify, and enforce a support order. With respect to charter counties only, cooperation also includes appearing at all proceedings to establish, mo... |
Section 5107.24 | Eligibility of pregnant minor or minor parent.
...es, the department of youth services, a public children services agency, a private child placing agency, or a private noncustodial agency that is maintained by a person age eighteen or older who assumes responsibility for the care and control of a minor parent, pregnant minor, or child of a minor parent or provides the minor parent, pregnant minor, or child of a minor parent supportive services, including counseling,... |
Section 5107.26 | Terminating employment without just cause.
...ection, "transitional child care" means publicly funded child care provided under division (A)(3) of section 5104.34 of the Revised Code. (B) Except as provided in division (C) of this section: (1) Each member of an assistance group participating in Ohio works first is ineligible to participate in the program for six payment months if a county department of job and family services determines that a member of the... |
Section 5107.28 | Learnfare program.
...(A) As used in this section and in sections 5107.281 to 5107.287 of the Revised Code: (1) "Cash assistance payment" means the monthly amount an assistance group is eligible to receive under Ohio works first. (2) "Parent" means the parent, guardian, custodian, or specified relative with charge or care of a learnfare participant. (3) "Participating student" means a participant of Ohio works first who is subject to t... |
Section 5107.281 | Mandatory participation in learnfare program.
...A participant of Ohio works first who is enrolled in a school district in a county that is participating in the learnfare program and is not younger than age six but not older than age nineteen shall participate in the learnfare program unless one of the following is the case: (A) The participant is not yet eligible for enrollment in first grade; (B) The participant is subject to the LEAP program; (C) The pa... |
Section 5107.282 | Notice of noncompliance with learnfare program's school attendance requirement.
...The first time during a school year that a participating student fails to comply with the learnfare program's school attendance requirement, the county department of job and family services shall send the parent a notice warning that, if the student fails a second or subsequent time in the school year to comply with the school attendance requirement, the assistance group's cash assistance payment for the second month... |
Section 5107.283 | Incentives for meeting learnfare school attendance requirement.
...The county department of job and family services may provide an incentive established by the county department to the participating student or student's assistance group, whichever is appropriate, if the parent or, if the student is eighteen or nineteen years of age, the student, consents to the release of the student's school attendance records and the student complies with the learnfare school attendance requiremen... |
Section 5107.284 | Reducing assistance for refusal to consent to release of records.
...The county department of job and family services shall require the parent of each participating student, or, if the student is eighteen or nineteen years of age, the student to consent to release of the student's school attendance records. If the parent or participating student refuses to consent, the county department shall reduce the assistance group's cash assistance payment for the month immediately following the... |
Section 5107.285 | Noncompliance with learnfare program's school attendance requirement not to affect other members of group.
...Notwithstanding a reduction in a cash assistance payment under section 5107.282 or 5107.284 of the Revised Code, all members of the assistance group who are otherwise eligible to participate in Ohio works first shall continue to be considered participants of the program. |
Section 5107.286 | Communications concerning participating student's attendance.
...Communications between the school district and the county department of job and family services concerning a participating student's attendance shall be made only through the attendance officers and assistants appointed under section 3321.14 or 3321.15 of the Revised Code. |
Section 5107.287 | Good cause for being absent from school.
...The county department of job and family services shall establish policies defining "good cause for being absent from school" and specifying what constitutes a day of attendance for purposes of the learnfare program's school attendance requirement. Not later than the fifteenth day of each month of a school year or another time agreed to by the county department of job and family services and department of education... |
Section 5107.30 | Learning, earning, and parenting LEAP program.
...cipation. Support services may include publicly funded child care under Chapter 5104. of the Revised Code, transportation, and other services. |
Section 5107.301 | Award to LEAP program graduates for post-secondary education.
...als who have successfully completed the requirements of the LEAP program to enroll in post-secondary education, the director of job and family services may provide an award to such individuals who enroll in post-secondary education. If provided, the award shall be provided in accordance with rules adopted under section 5107.05 of the Revised Code. |
Section 5107.36 | Fugitive felons and probation or parole violators ineligible for participation.
...An individual is ineligible for assistance under Ohio works first if either of the following apply: (A) The individual is a fugitive felon as defined in section 5101.26 of the Revised Code; (B) The individual is violating a condition of probation, a community control sanction, parole, or a post-release control sanction imposed under federal or state law. |
Section 5107.37 | Ineligibility of residents of public institutions.
...ty home, city infirmary, jail, or other public institution is not eligible to participate in Ohio works first. (B) Division (A) of this section does not apply to a minor child residing with the minor child's mother who participates in a prison nursery program established under section 5120.65 of the Revised Code. |
Section 5107.40 | Ohio works first program additional definitions.
...As used in sections 5107.40 to 5107.69 of the Revised Code: (A) "Alternative work activity" means an activity designed to promote self sufficiency and personal responsibility established by a county department of job and family services under section 5107.64 of the Revised Code. (B) "Developmental activity" means an activity designed to promote self sufficiency and personal responsibility established by a count... |
Section 5107.41 | Appraisal of each member of assistance group who is minor head of household or adult.
...As soon as possible after an assistance group submits an application to participate in Ohio works first, the county department of job and family services that receives the application shall schedule and conduct an appraisal of each member of the assistance group who is a minor head of household or adult, other than a minor head of household participating in the LEAP program. The appraisal may include an evaluati... |
Section 5107.42 | Assignment to work activities and developmental activities.
...nder twelve months of age from the work requirements of sections 5107.40 to 5107.69 of the Revised Code for not more than twelve months. While exempt, the minor head of household or adult shall be disregarded in determining whether the county department is meeting the requirement of section 5107.44 of the Revised Code. The county department shall assign the exempt minor head of household or adult to at least one deve... |
Section 5107.43 | Placement in assigned activity.
...(A) After a minor head of household or adult is assigned to a work activity, developmental activity, or alternative work activity under section 5107.42 of the Revised Code, a county department of job and family services shall place the minor head of household or adult in the assigned activity as soon as the activity becomes available. (B)(1) Except as provided in rules adopted under section 5107.05 of the Revised Co... |
Section 5107.44 | Exceeding federal minimum work activity participation rates.
...County departments of job and family services, on a statewide average basis, shall exceed the federal minimum work activity participation rates established by section 407(a) of Title IV-A, 42 U.S.C.A. 607(a), by not less than five percentage points. |
Section 5107.50 | Job search and readiness program.
...There is hereby established, as a work activity under Ohio works first, the job search and readiness program under which applicants for and participants of Ohio works first are trained in strategies and skills in obtaining employment and engage in self-directed, job search activities. County departments of job and family services shall develop and administer the program and may utilize the services of private or gov... |
Section 5107.52 | Subsidized employment program.
...(A) There is hereby established, as a work activity under Ohio works first, the subsidized employment program, under which private and government employers receive payments from appropriations to the department of job and family services for a portion of the costs of salaries, wages, and benefits those employers pay to or on behalf of employees who are participants of the subsidized employment program at the time of... |
Section 5107.54 | Work experience program.
...nclude unpaid internships, refurbishing publicly assisted housing, and having a participant volunteer to work at the head start agency in which the participant's minor child is enrolled. Each county department shall make a list of the work projects available to the public. (C) Unless a county department of job and family services pays the premiums for the entity, a private or government entity with which a partici... |
Section 5107.541 | Assignment under work experience program.
...ct with the chief administrator of a nonpublic school or with any school district board of education that has adopted a resolution under section 3319.089 of the Revised Code to provide for a participant of the work experience program who has a minor child enrolled in the nonpublic school or a public school in the district to be assigned under the work experience program to volunteer or work for compensation at the sc... |
Section 5107.58 | Education program.
...hree years, support services, including publicly funded child care under Chapter 5104. of the Revised Code and transportation, that the participant needs to participate in the program. To receive support services in the third year, the participant must be, as determined by the educational institution in which the participant is enrolled, in good standing with the institution. A county department that provides loan... |
Section 5107.60 | Administering additional work activities.
...In accordance with Title IV-A, federal regulations, state law, the Title IV-A state plan prepared under section 5101.80 of the Revised Code, and amendments to the plan, county departments of job and family services shall establish and administer the following work activities, in addition to the work activities established under sections 5107.50, 5107.52, 5107.54, and 5107.58 of the Revised Code, for minor heads of ho... |
Section 5107.61 | Serving as ombudsperson.
...Service as an Ohio works first ombudsperson pursuant to section 329.07 of the Revised Code may be an assignment under the work experience program or a work activity established under section 5107.60 of the Revised Code to which a participant of Ohio works first is assigned under section 5107.42 of the Revised Code. |
Section 5107.62 | Developmental activities for minor heads of households and adults participating in Ohio works first.
...County departments of job and family services shall establish and administer developmental activities for minor heads of households and adults participating in Ohio works first. In establishing developmental activities, county departments are not limited by the restrictions that Title IV-A imposes on work activities. Developmental activities may be identical or similar to, or different from, work activities and alter... |
Section 5107.64 | Alternative work activities.
...County departments of job and family services shall establish and administer alternative work activities for minor heads of households and adults participating in Ohio works first. In establishing alternative work activities, county departments are not limited by the restrictions Title IV-A imposes on work activities. The following are examples of alternative work activities that a county department may establish: (... |
Section 5107.65 | Works first participants not to displace employees.
...(A) (1) No participant of Ohio works first shall be assigned to a work activity, developmental activity, or alternative work activity when the employer removes or discharges a person, for the purpose of substituting the participant in the person's place, in any of the following circumstances: (a) The person is already employed as a regular full-time or part-time employee of the employer; (b) The person has been e... |
Section 5107.66 | Support services.
...necessary. Support services may include publicly funded child care under Chapter 5104. of the Revised Code, transportation, and other services. |
Section 5107.67 | Public employee and unemployment compensation laws do not apply.
...Except for a participant of Ohio works first who is assigned to a work activity established under section 5107.52 or division (A) of section 5107.60 of the Revised Code, credit for work performed by a participant in a work activity, developmental activity, or alternative work activity does not constitute remuneration for the purpose of Chapter 124., 144., or 145. of the Revised Code and services performed by the part... |
Section 5107.68 | County to implement and enforce program.
...ervices shall implement and enforce the requirements of sections 5107.40 to 5107.69 of the Revised Code. State and local agencies shall cooperate with county departments of job and family services to the maximum extent possible in the implementation of those sections. (B) In employing persons to administer and supervise work activities, developmental activities, and alternative work activities under Ohio works first... |
Section 5107.69 | No jeopardy to federal funding.
...If the United States secretary of health and human services informs the department of job and family services that implementation of sections 5107.40 to 5107.69 of the Revised Code jeopardizes federal funding for the Ohio works first program, the department shall ensure that county departments of job and family services require minor heads of household and adults participating in Ohio works first to participate in wo... |
Section 5107.70 | Conducting assessments of assistance groups.
...s the member needs. The entity may be a public children services agency, chapter of alcoholics anonymous, narcotics anonymous, or cocaine anonymous, or any other entity the county department considers appropriate. |
Section 5107.71 | County department duties under program rules.
...Each county department of job and family services shall do all of the following in accordance with rules adopted under section 5107.05 of the Revised Code: (A) Identify members of assistance groups applying for and participating in Ohio works first who have been subjected to domestic violence by utilizing the domestic violence screening process established in the rules; (B) Refer a member who has been subjected... |
Section 5107.711 | Domestic violence screening process.
...When utilizing the domestic violence screening process established in rules adopted under section 5107.05 of the Revised Code to identify members of assistance groups applying for and participating in Ohio works first who have been subjected to domestic violence, a county department of job and family services shall do both of the following: (A) Where available, rely on records from any of the following: (1) ... |
Section 5107.712 | Rejection of counseling or supportive services.
...A member of an assistance group applying for or participating in Ohio works first who is referred to counseling or supportive services pursuant to division (B) of section 5107.71 of the Revised Code may decline the counseling, supportive services, or both. |
Section 5107.713 | Domestic violence information provided to department.
...When a county department of job and family services identifies a member of an assistance group applying for or participating in Ohio works first who has been subjected to domestic violence, the county department shall provide information about the member to the department of job and family services. The department shall maintain the information for federal reporting and statistical analysis purposes only. |
Section 5107.714 | Waiver issued to domestic violence victim.
...A county department of job and family services shall issue a member of an assistance group participating in Ohio works first a waiver that exempts the member from a requirement of the Ohio works first program if the county department determines that the member has been subjected to domestic violence and requiring compliance with the requirement would make it more difficult for the member to escape domestic violence o... |
Section 5107.715 | Explanation for refusal to issue waiver.
...A county department of job and family services that refuses to issue a waiver under section 5107.714 of the Revised Code for a member of an assistance group participating in Ohio works first shall provide the member a written explanation for the refusal. The written explanation shall be provided to the member in a manner protecting the member's confidentiality. The member may appeal the refusal pursuant to sect... |
Section 5107.716 | Rejection or termination of waiver.
...A member of an assistance group participating in Ohio works first may decline a waiver that would otherwise be issued under section 5107.714 of the Revised Code and may terminate at any time a waiver that has been issued under that section. |
Section 5107.717 | Department to monitor implementation of program.
...The department of job and family services shall monitor county departments of job and family services' implementation of sections 5107.71 to 5107.716 of the Revised Code to ensure that the county departments comply with those sections. |
Section 5107.72 | Referrals for family planning.
...nt's assistance group to any private or public agency, medical doctor, clinic, or other person or organization which can advise the parent on methods of controlling the size and spacing of the parent's family, consistent with the parent's religious and moral views. A county department shall document each referral it makes under this section. |
Section 5107.75 | Cash assistance under Ohio works first is inalienable.
...Cash assistance under Ohio works first is inalienable whether by way of assignment, charge, or otherwise and exempt from execution, attachment, garnishment, and other like process. |
Section 5107.76 | Recovering erroneous payments.
...As used in this section, "erroneous payments" means payments of cash assistance made under Ohio works first to assistance groups not eligible to receive the assistance, including assistance paid as a result of misrepresentation or fraud and assistance paid due to an error by a member of an assistance group or a county department of job and family services. Except as provided in rules adopted under section 5107.05 of... |
Section 5107.78 | Support enforcement tracking system notice.
...With each cash assistance payment provided under Ohio works first to an assistance group residing in a county in which the computer system known as support enforcement tracking system is in operation, the department of job and family services shall include a notice of the amount of support payments due a member of the assistance group that a child support enforcement agency collected and paid to the departme... |
Section 5107.80 | Quarterly report on employment of former participants.
...The director of job and family services, using information provided by employers under sections 3121.891 and 3121.892 of the Revised Code, shall determine quarterly whether individuals who have ceased to participate in Ohio works first have entered the workforce. |
Section 5108.01 | Prevention, retention, and contingency program definitions.
...As used in this chapter: (A) "County family services planning committee" means the county family services planning committee established under section 329.06 of the Revised Code. (B) "Prevention, retention, and contingency program" means the program established by this chapter and funded in part with federal funds provided under Title IV-A. (C) "Title IV-A" means Title IV-A of the "Social Security Act," 49 Stat. 6... |
Section 5108.02 | Prevention, retention, and contingency program.
...There is hereby established the prevention, retention, and contingency program. The department of job and family services shall administer the program, as long as federal funds are provided for the program, in accordance with Title IV-A, federal regulations, state law, the state Title IV-A plan submitted to the United States secretary of health and human services under section 5101.80 of the Revised Code, and amendme... |
Section 5108.03 | Model design for assistance or services to promote self sufficiency and personal responsibility.
...Under the prevention, retention, and contingency program, each county department of job and family services shall do both of the following in accordance with the statement of policies the county department develops under section 5108.04 of the Revised Code: (A) Provide benefits and services that individuals need to overcome immediate barriers to achieving or maintaining self sufficiency and personal responsibil... |
Section 5108.04 | Statement of policies governing the prevention, retention, and contingency program.
...Each county department of job and family services shall adopt a written statement of policies governing the prevention, retention, and contingency program for the county. The statement of policies shall be adopted not later than October 1, 2003, and shall be updated at least every two years thereafter. A county department may amend its statement of policies to modify, terminate, and establish new policies. A cou... |
Section 5108.05 | Provision in statement of policies.
...ts to the plan. (C) Either provide the public and local government entities at least thirty days to submit comments on, or have the county family services planning committee review, the statement of policies, including the design of the county's prevention, retention, and contingency program, before the county director signs and dates the statement of policies. |
Section 5108.051 | Inapplicability of RC 5108.05.
...A county department of job and family services is not required to follow division (C) of section 5108.05 of the Revised Code when amending its statement of policies under section 5108.04 of the Revised Code. Division (C) of section 5108.05 of the Revised Code applies only when a county department adopts its initial and updated statement of policies under section 5108.04 of the Revised Code. |
Section 5108.06 | Specification of benefits and services.
...In adopting a statement of policies under section 5108.04 of the Revised Code for the county's prevention, retention, and contingency program, a county department of job and family services may specify both of the following: (A) Benefits and services to be provided under the program that prevent and reduce the incidence of out-of-wedlock pregnancies or encourage the formation and maintenance of two-parent families a... |
Section 5108.07 | County commissioners' certification of compliance with chapter.
...(A) Each statement of policies adopted under section 5108.04 of the Revised Code shall include the board of county commissioners' certification that the county department of job and family services complied with this chapter in adopting the statement of policies. (B) The board of county commissioners shall revise its certification under division (A) of this section if the county department adopts an amendmen... |
Section 5108.08 | Benefits and services inalienable.
...Benefits and services provided under the prevention, retention, and contingency program are inalienable whether by way of assignment, charge, or otherwise and exempt from execution, attachment, garnishment, and other like process. |
Section 5108.09 | Basis for decision in administrative appeal.
...When a state hearing under division (B) of section 5101.35 of the Revised Code or an administrative appeal under division (C) of that section is held regarding the prevention, retention, and contingency program, the hearing officer, director of job and family services, or director's designee shall base the decision in the hearing or appeal on the county department of job and family services' written statement of poli... |
Section 5108.10 | Applying for participation.
...Eligibility for a benefit or service under a county's prevention, retention, and contingency program shall be certified in accordance with the statement of policies adopted under section 5108.04 of the Revised Code if the benefit or service does not have a financial need eligibility requirement. Eligibility for a benefit or service shall be determined in accordance with the statement of policies and based on an appl... |
Section 5108.11 | Contract for county's prevention, retention, and contingency program.
...(A) To the extent permitted by section 307.982 of the Revised Code, a board of county commissioners may enter into a written contract with a private or government entity for the entity to do either or both of the following for the county's prevention, retention, and contingency program: (1) Certify eligibility for benefits and services that do not have a financial need eligibility requirement; (2) Accept applicatio... |
Section 5108.12 | Responsibility for funds expended or claimed.
...Each county department of job and family services is responsible for funds expended or claimed under the county's prevention, retention, and contingency program that the department of job and family services, auditor of state, United States department of health and human services, or other government entity determines is expended or claimed in a manner that federal or state law or policy does not permit. |
Section 5109.15 | Blind defined.
...As used in sections 5109.15 to 5109.18, inclusive, of the Revised Code, "blind" means having either of the following limitations: (A) Vision twenty/two hundred or less in the better eye with proper correction; (B) Field defect in the better eye with proper correction which contracts the peripheral field so that the diameter of the visual field subtends an angle no greater than twenty degrees. |
Section 5109.16 | Authorization to identify blind-made goods.
...ursuant to a law of such state imposing requirements substantially similar to those prescribed by sections 5109.15 to 5109.18 of the Revised Code. |
Section 5109.17 | Conditions for identifying blind-made products.
...Goods or articles may be identifield as blind-made products only if the following conditions are met: (A) At least seventy-five per cent of the total hours required to prepare, process, assemble, package, and pack the product are contributed by blind persons, but such total hours do not include time spent in supervision, administration, inspection, and shipping, or time required to produce component materials which ... |
Section 5109.18 | Prohibiting sale without approval label.
...No person, public or private institution or agency, firm, association, or corporation shall manufacture, distribute, display, advertise, offer for sale, or sell goods or articles represented as made by blind persons unless such goods or articles bear an official imprint, stamp, symbol, or label designed or approved pursuant to section 5109.16 of the Revised Code by the bureau of services for the visually impaired whi... |
Section 5109.99 | Penalty.
...Whoever violates section 5109.18 of the Revised Code shall be fined not less than one hundred nor more than five hundred dollars for a first offense; for each subsequent offense such person shall be fined not less than five hundred nor more than one thousand dollars. |
Section 5116.01 | Definitions.
... "Workforce development agency" means a public or private entity designated or certified by a local workforce development board to coordinate the delivery of workforce services for a county. (O) "Workforce Innovation and Opportunity Act" means Public Law 113-128, 29 U.S.C. 3101 et seq. (P) "Youth workforce investment activity funds" means funds allocated or granted under Title I, Subtitle B, Chapter 2 of the "Workf... |
Section 5116.02 | Program established.
...There is hereby established the comprehensive case management and employment program. The department of job and family services shall coordinate and supervise the administration of the program to the extent funds are available for this purpose under the TANF block grant or the Workforce Innovation and Opportunity Act. |
Section 5116.03 | Scope of program and applicable laws.
...The comprehensive case management and employment program is all of the following: (A) A Title IV-A program for the purpose of division (A)(4)(c) of section 5101.80 of the Revised Code and, therefore, subject to all statutes applicable to such a program, including sections 5101.16, 5101.35, 5101.80, and 5101.801 of the Revised Code; (B) A workforce development activity and, therefore, subject to all statutes applica... |
Section 5116.06 | Rules.
...rk-eligible individual satisfy the work requirements of section 407 of the "Social Security Act," 42 U.S.C. 607; (b) Help an Ohio works first participant who participates in the program do both of the following: (i) Satisfy other Ohio works first requirements, including requirements included in the participant's self-sufficiency contract entered into under section 5107.14 of the Revised Code; (ii) Obtain assistanc... |
Section 5116.10 | Participants.
...(A) Each work-eligible individual shall participate in the comprehensive case management and employment program as a condition of participating in Ohio works first if the individual is at least fourteen but not more than twenty-four years of age. (B) Each individual who is an in-school youth or out-of-school youth shall participate in the comprehensive case management and employment program as a condition of enrollm... |
Section 5116.11 | Independent opportunity plans.
...In accordance with rules adopted under section 5116.06 of the Revised Code, a lead agency shall provide for all of the following to occur: (A) An individual participating in the comprehensive case management and employment program undergoing an assessment of the individual's employment and training needs; (B) An individual opportunity plan being created for the individual as part of the assessment; (C) The indivi... |
Section 5116.12 | Provisions of individual opportunity plan.
...(A) An individual opportunity plan created under section 5116.11 of the Revised Code shall specify which of the following services, if any, an individual participating in the comprehensive case management and employment program needs: (1) Support for the individual to obtain a high school diploma or a certificate of high school equivalence; (2) Job placement; (3) Job retention support; (4) Other services that aid... |
Section 5116.20 | Authorization of youth workforce investment activity funds for program.
...In accordance with rules adopted under section 5116.06 of the Revised Code, each local workforce development board shall decide whether to authorize the use of its youth workforce investment activity funds for the comprehensive case management and employment program. The decision shall be made for each fiscal biennial period. A board's decision applies to all of the counties the board serves. |
Section 5116.21 | Use of funds not authorized.
...If a local workforce development board decides under section 5116.20 of the Revised Code not to authorize the use of its youth workforce investment activity funds for the comprehensive case management and employment program for a fiscal biennial period, all of the following shall apply to that fiscal biennial period: (A) The board shall use its youth workforce investment activity funds in accordance with Section 129... |
Section 5116.22 | Local responsibilities if the use of the funds is authorized.
...rogram in accordance with the program's requirements, including the requirements established by this chapter, rules adopted under section 5116.06 of the Revised Code, and any other rules applicable to the program. (2) Before the beginning of the fiscal biennial period, the board of county commissioners of each of the counties the local workforce development board serves shall designate either of the local participat... |
Section 5116.23 | Lead agency responsibilities.
...(A) Each lead agency, in consultation with the local workforce development board that serves the same county for which the lead agency has been designated to serve as lead agency, shall, in accordance with rules adopted under section 5116.06 of the Revised Code, do all of the following for the fiscal biennial period, or part thereof, for which it is so designated: (1) Prepare and submit to the department of job and ... |
Section 5116.24 | Responsibility for funds received.
...A lead agency is responsible for all of the funds received for the comprehensive case management and employment program by the county for which the lead agency is designated to be the lead agency and shall use the funds in a manner consistent with federal and state law. The lead agency shall coordinate this responsibility with any entity that has been designated to serve as a local grant subrecipient or a local fisca... |
Section 5116.25 | Failure to enroll required participants.
...If a lead agency fails to enroll in the comprehensive case management and employment program an individual who is required by section 5116.10 of the Revised Code to participate in the program and to take corrective action that the department of job and family services requires the lead agency to take as a consequence of that failure, the department may take the action authorized by division (C)(5) of section 5101.24 ... |
Section 5117.01 | Energy credit program definitions.
...As used in sections 5117.01 to 5117.12 of the Revised Code: (A) "Credit" means the credit on utility heating bills granted under division (A) of section 5117.09 of the Revised Code. (B) "Current monthly bill" means the amount charged for energy consumed in the most recent monthly billing period and does not include any past due balance. (C) "Current total income" means the adjusted gross income of the head of hous... |
Section 5117.02 | Adoption of rules.
...ivision is not exempt from the hearing requirements of section 119.03 of the Revised Code pursuant to division (H) of that section, or subject to section 111.15 of the Revised Code. (2) If an emergency necessitates the immediate adoption of a rule, or the immediate adoption of an amendment or rescission of a rule that is required by or otherwise necessary to implement sections 5117.01 to 5117.12 of the Revised... |
Section 5117.03 | Form of application for assistance.
...all be clear and concise in its format, requirements, and instructions. The form shall request the following information: (a) The name and address of the applicant; (b) The type of energy or commodity that is the source of the heat produced by the primary heating system in the residence of the applicant; (c) The name of the energy company or energy dealer that supplies the energy or commodity that is the source of... |
Section 5117.04 | Right of qualified residential customers to receive credit or payment.
...buting application forms to appropriate public locations. The distribution system shall be designed to make application forms available to as many qualified persons as possible. (C) The director shall arrange for the establishment of a toll-free telephone number to enable all persons in this state to make inquiries and obtain information concerning the credits or payments. |
Section 5117.05 | Outreach program including Spanish-speaking communication formats.
...eaking persons who meet the eligibility requirements for participation in the Ohio energy credit program aware of the nature and extent of available benefits and methods for acquiring and making applications. The program shall include assistance to such persons in making applications. The director shall implement the program in cooperation with the commission. |
Section 5117.07 | Determining eligibility.
...(1) No head of household who resides in public housing or receives a rent subsidy from a government agency is eligible for a credit or payment unless the person's rent subsidy does not reflect the costs of that person's household receiving the source of energy for its primary heating system; (2) A resident of a nursing home, hospital, or other extended health care facility is not eligible for a credit or payment for... |
Section 5117.071 | Annual adjustment of total income amounts used for applications.
...(A) In September of each year, the tax commissioner shall adjust the total income amounts set forth in sections 5117.07 and 5117.09 of the Revised Code to be used for applications submitted for the heating season commencing in the next calendar year, by completing the following steps: (1) Determine the percentage increase in the gross domestic product deflator determined by the bureau of economic analysis of the Un... |
Section 5117.08 | Certifying eligibility for credits.
...except for failure to meet the deadline requirements of sections 5117.01 to 5117.12 of the Revised Code, would have been certified in the original lists. Within thirty days of receipt of such list and in any month for which a credit is required under sections 5117.01 to 5117.12 of the Revised Code, the company may verify that each head of household on the director's list receives energy for home heating at the househ... |
Section 5117.09 | Granting credit against monthly billing.
...(A)(1) With respect to each of its residential customers, every energy company shall, after receipt of a certification list provided under division (A) of section 5117.08 of the Revised Code, cause the granting of a credit in accordance with this section against the monthly billing of each household appearing on the list except as provided in division (A) of section 5117.08 of the Revised Code. In the case of an appl... |
Section 5117.10 | Payments to applicants.
...(A) On or before the fifteenth day of January, the director of development services shall pay each applicant determined eligible for a payment under divisions (A) and (B) of section 5117.07 of the Revised Code one hundred twenty-five dollars. (B) The director may withhold from any payment to which a person would otherwise be entitled under division (A) of this section any amount that the director determines was erro... |
Section 5117.11 | Prohibited acts.
...(A) No person shall purposely fail to grant the credit provided under division (A) of section 5117.09 of the Revised Code. Each day that each person entitled to the credit is not afforded the credit constitutes a separate offense. Clerical errors shall not be considered an offense under this division. (B) No person shall knowingly make a false statement for the purpose of obtaining a credit or payment. (C) No perso... |
Section 5117.12 | Reporting impact on number of uncollectible accounts and past due residential accounts.
...form. The director may consult with the public utilities commission and the consumers' counsel in prescribing the contents of such reports and complying with the requirements of division (C)(4) of this section. (B) Before the thirty-first day of January of each year, the director shall prepare a written report including a final review of the Ohio energy credit program for which applications were required to be maile... |
Section 5117.21 | Percentage of funds to be used for energy-related home repair.
...Not less than fifteen per cent of the funds received by the state in any fiscal year for the low-income home energy assistance block grant under Title XXVI of the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 893, 42 U.S.C.A. 8621, and any amendments thereto, shall be used to provide low cost residential weatherization or other energy-related home repair for low-income households in accordance with that act, ... |
Section 5117.22 | Energy oil overcharge fund.
...All petroleum violation escrow funds received by this state from the federal government shall be deposited in the state treasury to the credit of the energy oil overcharge fund, which is hereby created. The fund shall be used by the development services agency for energy conservation and assistance programs approved by the United States department of energy. All investment earnings of the fund shall be credited... |
Section 5117.99 | Penalty.
...(A) Whoever violates division (A) of section 5117.11 of the Revised Code is guilty of a minor misdemeanor. (B) Whoever violates division (B), (C), or (E) of section 5117.11 of the Revised Code is guilty of a misdemeanor of the fourth degree. (C) Whoever violates division (D) of section 5117.11 of the Revised Code is guilty of a misdemeanor of the first degree. |
Section 5119.01 | Definitions.
...(A) As used in this chapter: (1) "Addiction" means the chronic and habitual use of alcoholic beverages, the use of a drug of abuse as defined in section 3719.011 of the Revised Code, or the use of gambling by an individual to the extent that the individual no longer can control the individual's use of alcohol, the individual becomes physically or psychologically dependent on the drug, the individual's use of alcoh... |
Section 5119.011 | References to department or director.
...(A) Whenever the term "department of mental health," the term "Ohio department of mental health," the term "department of alcohol and drug addiction services," or the term "Ohio department of alcohol and drug addiction services" is used, referred to, or designated in any statute, rule, contract, grant, or other document, the use, reference, or designation shall be construed to mean the department of mental health and... |
Section 5119.04 | Compliance with standards.
...d, or other applicable standards. The requirements of this section are in addition to any other requirements established by the Revised Code and nothing in this section shall be construed to limit any rights, privileges, protections, or immunities which may exist under the constitution and laws of the United States or this state. |
Section 5119.05 | Managing officer; duties.
...Subject to the rules of the director of mental health and addiction services, each institution under the jurisdiction of the department shall be under the management and control of a managing officer to be known as a chief executive officer or by another appropriate title. Such managing officer shall be appointed by the director of mental health and addiction services, and shall be in the unclassified service a... |
Section 5119.051 | Books and accounts; form and method.
...The department of mental health and addiction services shall keep in its office a proper and complete set of books and accounts with each institution, which shall clearly show the nature and amount of every expenditure authorized and made at such institution, and which shall contain an account of all appropriations made by the general assembly and of all other funds, together with the disposition of such funds.... |
Section 5119.06 | Records.
...The department of mental health and addiction services shall keep in its office, accessible only to its employees, except by the consent of the department or the order of the judge of a court of record, a record showing the name, residence, sex, age, nativity, occupation, condition, and date of entrance or commitment of every patient in the institutions governed by it, the date, cause, and terms of discharge an... |
Section 5119.07 | Businesses located near institutions.
...A person, firm, or corporation may file a petition in the court of common pleas of the county in which a benevolent institution of the department of mental health and addiction services is located, in which petition the desire to erect or carry on at a less distance than that prescribed in section 3767.19 of the Revised Code shall be set forth, the business prohibited, the precise point of its establishment, an... |
Section 5119.08 | Appointing special police officers for institutions.
...(A) As used in this section, "felony" has the same meaning as in section 109.511 of the Revised Code. (B)(1) Subject to division (C) of this section, upon the recommendation of the director of mental health and addiction services, the managing officer of an institution under the jurisdiction of the department of mental health and addiction services may designate one or more employees to be special police offi... |
Section 5119.09 | Physician specialists.
...ptive of the duties, responsibilities, requirements, and desirable qualifications of physician specialists in the department of mental health. The director shall prepare, and may amend from time to time, classifications for those physician specialists, and they shall receive a salary fixed pursuant to section 124.15 or 124.152 of the Revised Code. The director may employ and classify physicians in the departme... |
Section 5119.091 | Attorney general duties.
...tion services, and shall represent the public hospital in proceedings under section 5122.15 of the Revised Code. The department of mental health and addiction services shall reimburse the attorney general for the compensation of assistant attorneys general required to represent the public hospital in proceedings under section 5122.15 of the Revised code and shall also pay the costs of litigation incurred by th... |
Section 5119.10 | Director of mental health and addiction services; powers and duties.
... institutions, and other entities, both public and private, as necessary for the department to carry out its duties under this chapter and Chapters 340., 2919., 2945., and 5122. of the Revised Code. Chapter 125. of the Revised Code does not apply to contracts the director enters into under this section for addiction services, mental health services, or recovery supports provided to individuals who have an addiction o... |
Section 5119.11 | Medical director; qualifications; duties.
...(A) The director of mental health and addiction services shall appoint a medical director who is eligible or certified by the American board of psychiatry and neurology or the American osteopathic board of neurology and psychiatry, and has at least five years of clinical and two years of administrative experience. The medical director shall also have certification or substantial training and experience in the field o... |
Section 5119.14 | Department of mental health and addiction services; powers and duties generally.
...(A) The department of mental health and addiction services shall maintain, operate, manage, and govern state institutions and other services for the care and treatment of persons with mental illnesses. (B)(1) The department of mental health and addiction services may, with the approval of the governor, designate the name and purpose of any institutions under its jurisdiction and may change, with the approval of th... |
Section 5119.141 | Authority of department.
...The department of mental health and addiction services has all the authority necessary to carry out its powers and duties under this chapter and Chapters 340., 2919., 2945., and 5122. of the Revised Code, including the authority to adopt rules pursuant to Chapter 119. of the Revised Code that may be necessary to carry out the purposes of this chapter and Chapters 340., 2919., 2945., and 5122. of the Revised Cod... |
Section 5119.15 | Investigative powers.
...The department of mental health and addiction services may make such investigations as are necessary in the performance of its duties and to that end the director of mental health and addiction services shall have the same power as a judge of a county court to administer oaths and to enforce the attendance and testimony of witnesses and the production of books or papers. The department shall keep a record of ... |
Section 5119.161 | Joint state plan to improve accessibility and timeliness of alcohol and drug addiction services.
...ervices for individuals identified by a public children services agency as in need of those services. The plan shall address the fact that Ohio works first participants may be among the persons receiving services under section 340.15 of the Revised Code and shall require the department of job and family services to seek federal funds available under Title IV-A of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S... |
Section 5119.17 | Addicted pregnant women and their children.
... promptly shall develop, with available public and private resources a program that does all of the following: (1) Provides a manner of identifying the aggregate number of pregnant women in this state who are addicted to a drug of abuse; (2) Provides for an effective means of intervention to eliminate the addiction of pregnant women to drugs of abuse prior to the birth of their children; (3) Gives priority to the... |
Section 5119.18 | Classified and unclassified appointments.
...An appointing authority may appoint a person who holds a certified or permanent position in the classified service within the department of mental health and addiction services to a position in the unclassified service within the department. A person appointed pursuant to this section to a position in the unclassified service shall retain the right to resume the position and status held by the person in the classifie... |
Section 5119.181 | Certain convictions preclude appointments.
... other state or federal agency is not a public record for purposes of section 149.43 of the Revised Code and shall not be made available to any person, except the applicant, the director, the appointing officer or the appointing officer's designees, or any hearing officer involved in a case denying employment. (D) As used in this section, "applicant" means a person who is under final consideration for appointme... |
Section 5119.182 | Fidelity bond.
...The department of mental health and addiction services may require any of its employees and each officer and employee of every institution under its control who may be charged with custody or control of any money or property belonging to the state or who is required to give bond, to give a surety company bond, properly conditioned, in a sum to be fixed by the department which when approved by the department, sh... |
Section 5119.184 | Providing educational grants or tuition reimbursement for employees.
... with another federal, state, or local public agency designated by the department for a period of time stated in the agreement. If an employee does not fulfill the employment requirement stated in the agreement, the department may take action to recover the amount of all educational grants or tuition reimbursements paid to the employee under this section, plus interest at the rate of ten per cent per year calc... |
Section 5119.185 | Clinician recruitment program.
...(A) As used in this section: (1) "Advanced practice registered nurse" has the same meaning as in section 4723.01 of the Revised Code. (2) "Clinician" means any of the following: (a) An advanced practice registered nurse; (b) A physician; (c) A physician assistant. (3) "Physician" means an individual authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic me... |
Section 5119.186 | Conduct collaborative training efforts for students.
... racial and ethnic minority groups, and publicly funded programs; (b) Funding procedures; (c) Specific outcomes and accomplishments that are expected or required of a program under such agreement; (d) The types of services to be provided under such agreement. (2) The department may require that the following be provided for in agreements between the department and institutions of higher education or hospitals lic... |
Section 5119.187 | Courses of study for instruction and training of persons in institutions.
...o the approval of the superintendent of public instruction. All teachers employed in institutions under the control of the department of mental health and addiction services shall possess such educator licenses or have such qualifications and approval as the superintendent of public instruction, after consulting with the officers in charge of the institutions, prescribes for the various types of service in th... |
Section 5119.188 | Education and training program for employees of state correctional and youth services institutions.
...(A) As used in this section, "state correctional institution" has the same meaning as in section 2967.01 of the Revised Code. (B) The department of mental health and addiction services shall develop a program that is designed to educate and train the employees of each state correctional institution, the employees of each department of youth services institution, and other persons associated by contract or oth... |
Section 5119.19 | Psychotropic drug reimbursement program.
...(A) As used in this section: (1) "Community-based correctional facility" has the same meaning as in section 2929.01 of the Revised Code. (2) "Drug used in medication-assisted treatment" means a drug approved by the United States food and drug administration for use in medication-assisted treatment, regardless of the method the drug is administered or the form in which it is dispensed, including an oral drug, an... |
Section 5119.20 | [Former R.C. 5902.09, amended and renumbered by H.B. 33, 135th General Assembly, effective 10/3/2023] Electroencephalogram combined transcranial magnetic stimulation program.
...c stress disorder and accompanying comorbidities, concussions or other brain trauma, or other issues identified by the individual's qualified medical practitioner as issues that would warrant treatment under the program. The program shall be operated in conjunction with a supplier selected under this section. (C) The director shall choose a location for the program and for up to ten branch sites, and shall enter i... |
Section 5119.201 | Real or personal property transactions.
...(A) The director of mental health and addiction services may acquire by purchase, lease, or otherwise such real and personal property rights in the name of the state as are necessary for the purposes of the department. (B) When it is necessary for a state institution under the jurisdiction of the department to acquire any real estate, right-of-way, or easement in real estate in order to accomplish the purpos... |
Section 5119.21 | Support of community support system; powers and duties regarding programs and services.
...ised Code as necessary to implement the requirements of this chapter. |
Section 5119.22 | Director of mental health and addiction services; duties.
...evised Code. The criteria shall include requirements ensuring appropriate utilization of the services and supports. The department shall assess each board's evaluation of the services and supports and the compliance of each board with this section, Chapter 340. of the Revised Code, and other state or federal law and regulations. The department, in cooperation with the board, periodically shall review and evaluate the... |
Section 5119.221 | Waiver or requirements; authority of director.
...(A) The director of mental health and addiction services, in accordance with procedures established under division (F)(5) of section 5119.22 of the Revised Code, may issue to a board of alcohol, drug addiction, and mental health services a time-limited waiver of the requirement of section 340.033 of the Revised Code that ambulatory detoxification and medication-assisted treatment be made available within the borders ... |
Section 5119.23 | Allocations of funds for local mental health and addiction services continuums of care.
...(A) The department of mental health and addiction services shall establish a methodology for allocating to boards of alcohol, drug addiction, and mental health services the funds appropriated by the general assembly to the department for the purpose of the community-based continuum of care that each board establishes under section 340.032 of the Revised Code. The department shall establish the methodology after noti... |
Section 5119.24 | Annual report by boards specifying use of funds.
...(A) As used in this section, "administrative function" means a function related to one or more of the following: (1) Continuous quality improvement; (2) Utilization review; (3) Resource development; (4) Fiscal administration; (5) General administration; (6) Any other function related to administration that is required by Chapter 340. of the Revised Code. (B) Each board of alcohol, drug addiction, and menta... |
Section 5119.25 | Withholding of funds for failure to comply with statutory or regulatory provisions.
...(A) The director of mental health and addiction services may withhold funds, in whole or in part, that otherwise are to be allocated to a board of alcohol, drug addiction, and mental health services under section 5119.23 of the Revised Code if either of the following circumstances apply: (1) The board fails to comply with Chapter 340. or 5119. of the Revised Code or rules of the department of mental health and addic... |
Section 5119.26 | Civil rights and liberties of patients.
...Any person treated under this chapter or rules adopted under it shall retain the person's civil rights and liberties, including the right not to be experimented upon with treatment not accepted as good medical practice without the person's fully informed consent, the right as a person receiving services to maintain the confidentiality of health and medical records, the right as a person detained for medical pur... |
Section 5119.27 | Confidentiality of records pertaining to identity, diagnosis or treatment.
... written release conforms to all of the requirements set forth in 42 C.F.R. 2.31. (D) In accordance with 42 C.F.R. 2.35, a person who is subject to a community control sanction, a post-release control sanction, is on parole, or is ordered to intervention in lieu of conviction, and who has agreed to participate in a federally assisted program for the treatment of substance use disorders as a condition of the communi... |
Section 5119.28 | Confidentiality of records pertaining to person's mental health condition, assessment, provision of care or treatment, or payment for assessment, care or treatment.
...(A) All records, and reports, other than court journal entries or court docket entries, identifying a person and pertaining to the person's mental health condition, assessment, provision of care, treatment, or recovery supports, or payment for assessment, care, treatment, or recovery supports that are maintained in connection with any services certified by the department of mental health and addiction services, an... |
Section 5119.29 | Tracking and monitoring after release of persons found not guilty by reason of insanity or persons found incompetent to stand trial.
...The department of mental health and addiction services, in conjunction with boards of alcohol, drug addiction, and mental health services and community mental health boards, shall develop a coordinated system for tracking and monitoring persons found not guilty by reason of insanity and committed pursuant to section 2945.40 of the Revised Code who have been granted a conditional release and persons found incomp... |
Section 5119.30 | Program providing information and services to courts.
...The department of mental health and addiction services promptly shall develop and maintain a program that continually provides the courts of this state with relevant information pertaining to addiction services and programs available both within their jurisdictions and statewide in order to facilitate the ability of the courts to utilize treatment and rehabilitation alternatives in addition to or in lieu of imp... |
Section 5119.31 | Procedure for purchase of supplies.
...tive services adopts. All bids shall be publicly opened on the day and hour and at the place specified in the advertisement. Preference shall be given to bidders in localities wherein the institution is located, if the price is fair and reasonable and not greater than the usual price; but bids not meeting the specifications shall be rejected. The department of administrative services may require such security as it... |
Section 5119.311 | Examining mental and physical condition of confined person.
...The department of mental health and addiction services may examine into, with or without expert assistance, the question of the mental and physical condition of any person committed to or involuntarily confined in any hospital for persons with mental illnesses, or restrained of liberty at any place within this state by reason of alleged mental illness and may order and compel the discharge of any such person who is n... |
Section 5119.32 | Utilizing federal block grant funds.
...ervices block grant authorized by the "Public Health Services Act," 95 Stat. 357, 543, 42 U.S.C. 300x, as amended, and similar alcohol, drug abuse, or mental health programs that are specified in an appropriations act. |
Section 5119.33 | Inspecting and licensing of hospitals for mentally ill persons.
...eceive for care or treatment, either at public or private expense, any person who is or appears to have a mental illness, whether or not so adjudicated, unless the hospital has received a license from the department authorizing it to receive for care or treatment persons with mental illnesses or the hospital is managed by the department. (2) No such license shall be granted to a hospital for the treatment of perso... |
Section 5119.331 | Injunction.
...If the department of mental health and addiction services determines that a hospital not licensed by the department is receiving for care or treatment any person who is or appears to have a mental illness, the department may request in writing that the attorney general petition the court of common pleas in the county where the hospital is located to enjoin the hospital from continued operation in violation of section... |
Section 5119.332 | Payments and reimbursements to unlicensed hospital.
...No third-party payer shall directly or indirectly reimburse, nor shall any person be obligated to pay any hospital for psychiatric services for which a license is required under section 5119.33 of the Revised Code unless the hospital is licensed by the department of mental health and addiction services. As used in this section, "third-party payer" means a health insuring corporation licensed under Chapter 175... |
Section 5119.333 | Prohibiting keeping or maintaining unlicensed hospital.
...No person shall keep or maintain a hospital for the care or treatment of persons with mental illnesses unless it is licensed by the department of mental health and addiction services, as provided by section 5119.33 of the Revised Code. |
Section 5119.334 | Notice of adverse action - hospitals.
...(A) As used in this section, "adverse action" means an action by a state, provincial, federal, or other licensing or regulatory authority to deny, revoke, suspend, place on probation, or otherwise restrict a license, certificate, or other approval to operate a hospital or practice a health care profession. (B)(1) When submitting an application for initial or renewed licensure of a hospital under section 5119.33 of... |
Section 5119.34 | Inspecting and licensing of residential facilities.
...lative to residents' medication; (8) Requirements relating to preparation of special diets; (9) The maximum number of residents who may be served in a residential facility; (10) The rights of residents of residential facilities and procedures to protect such rights; (11) Standards and procedures under which the director may waive the requirements of any of the rules adopted. (O)(1) The department may w... |
Section 5119.341 | Operations as permitted use.
..., yard, and architectural compatibility requirements that are uniformly imposed upon all single-family residences within the district or zone. (B) Any person may operate a residential facility providing accommodations and personal care services for six to sixteen persons and licensed as a residential facility that meets the criteria specified in division (B)(1)(b) of section 5119.34 of the Revised Code as a permitte... |
Section 5119.342 | Appointing receiver for residential facility.
...the receiver need not be competitively bid. |
Section 5119.343 | Notice of adverse action - residential facilities.
...(A) As used in this section, "adverse action" means an action by a state, provincial, federal, or other licensing or regulatory authority to deny, revoke, suspend, place on probation, or otherwise restrict a license, certificate, or other approval to operate a residential facility or practice a health care profession. (B)(1) When submitting an application for initial or renewed licensure of a residential facility ... |
Section 5119.35 | Mental health and addiction services requiring certification.
...(A) Except as provided in division (B) of this section, if a mental health service or alcohol and drug addiction service has been specified in rules adopted under this section as a service that is required to be certified, no person or government entity shall provide that service unless it has been certified under section 5119.36 of the Revised Code. (B) Division (A) of this section does not apply to either of the... |
Section 5119.36 | Certifying community mental health services or addiction services providers.
...s appropriate. (4) The accreditation requirements of divisions (B)(1) and (2) of this section do not apply to an applicant seeking an initial or renewed certification to provide prevention services, as that term is defined in rules adopted under this section. For such applicants, accreditation is optional. (C) In addition to meeting the accreditation standard set forth in division (B) of this section, an applic... |
Section 5119.362 | Duties of community addiction services provider.
...(A) In accordance with rules adopted under section 5119.363 of the Revised Code, each community addiction services provider shall do all of the following: (1) Maintain a waiting list for the provider's included opioid and co-occurring drug addiction services and recovery supports; (2) Notify an individual included on the provider's waiting list when the provider has a slot available for the individual and, if the... |
Section 5119.363 | Adoption of rules for community addiction services providers.
...The director of mental health and addiction services shall adopt rules governing the duties of community addiction services providers under section 5119.362 of the Revised Code. The rules shall be adopted in accordance with Chapter 119. of the Revised Code. The director shall adopt rules under this section that authorize the department of mental health and addiction services to determine an advanced practice regis... |
Section 5119.364 | Publication of reports.
...(A) The department of mental health and addiction services shall do both of the following with the r eports it receives from community addiction services providers under section 5119.362 of the Revised Code: (1) Subject to division (B) of this section, make the reports available on the department's internet web site ; (2) Make the reports available in an electronic format to boards of alcohol, drug addiction, a... |
Section 5119.365 | Rules regarding intake and retention procedures.
...The director of mental health and addiction services shall adopt rules in accordance with Chapter 119. of the Revised Code to do both of the following: (A) Streamline the intake procedures used by a community addiction services provider accepting and beginning to serve a new individual, including procedures regarding intake forms and questionnaires; (B) Enable a community addiction services provider to retain an in... |
Section 5119.366 | Establishing grievance procedures.
...The director of mental health and addiction services shall require that each board of alcohol, drug addiction, and mental health services ensure that each community mental health services provider and community addiction services provider with which it contracts under section 340.036 of the Revised Code to provide certifiable services and supports establish grievance procedures consistent with rules adopted under se... |
Section 5119.367 | Adverse action related to certifiable services and supports.
...(A) As used in this section, "adverse action" means an action by a state, provincial, federal, or other licensing or regulatory authority to deny, revoke, suspend, place on probation, or otherwise restrict a license, certification, or other approval to provide certifiable services and supports or an equivalent to certifiable services and supports. (B)(1) When submitting an application for initial or renewed certif... |
Section 5119.368 | Telehealth services.
...ction, a provider shall comply with all requirements under state and federal law regarding the protection of patient information. Each provider shall ensure that any username or password information and any electronic communications between the provider and a client are securely transmitted and stored. (J) The department of mental health and addiction services may adopt rules as it considers necessary to implement ... |
Section 5119.37 | Requirements to operate opioid addiction treatment programs.
... (5) The provider meets any additional requirements established by the department in rules adopted under division (F) of this section. (D) The department may waive the requirement of division (C)(4) of this section if it receives, from each public or private school, child care center, or child-serving agency that is within the five hundred linear feet radius described in that division, a letter of support for the... |
Section 5119.371 | Location of opioid treatment programs.
... of real estate having situated on it a public or private school, child care center licensed under Chapter 5104. of the Revised Code, or child-serving agency regulated by the department under this chapter. If the department determines that the location is in compliance with division (C)(4) of section 5119.37 of the Revised Code, the department shall issue a declaration stating that the location is in compliance. T... |
Section 5119.38 | Drivers' intervention program.
...A drivers' intervention program may be used as an alternative to a term of imprisonment for an offender sentenced pursuant to division (G)(1)(a) of section 4511.19 of the Revised Code, if it is certified by the director of mental health and addiction services pursuant to this section. No drivers' intervention program shall be used as an alternative to a term of imprisonment that is imposed pursuant to division ... |
Section 5119.39 | Certification or accreditation of recovery housing residences.
...5119.397 of the Revised Code, establish requirements for initial certification and renewal certification, as well as grounds and procedures for disciplinary action against operators of recovery housing residences. |
Section 5119.391 | Required form for recovery housing residence operator.
...(A) The department of mental health and addiction services shall monitor the establishment of recovery housing residences in this state. (B) For purposes of division (A) of this section, and within the timeframe specified in division (C) of this section, each person or government entity that will operate a recovery housing residence on or after the effective date of this section , including any recovery housing th... |
Section 5119.392 | Prohibition against operation without being certified or accredited.
...(A) Beginning January 1, 2025, no person or government entity shall operate a recovery housing residence unless either of the following applies: (1)(a) If the department of mental health and addiction services certifies recovery housing residences, the recovery housing residence is certified by the department. (b) If the department accepts accreditation or its equivalent from an organization specified in sectio... |
Section 5119.393 | Complaint reporting and investigations.
...mplaints from residents, staff, and the public regarding recovery housing residences. The department may contract with one or more of the organizations specified in section 5119.39 of the Revised Code to fulfill some or all of the functions associated with receiving and investigating complaints. (B) Any organization under contract with the department to receive and investigate complaints shall make reports to the ... |
Section 5119.394 | Registry of recovery housing residences.
...hall make the registry available to the public on the department's web site. |
Section 5119.395 | Prohibition against advertising without being certified or accredited.
...(A) Beginning January 1, 2025, no person or government entity shall advertise or represent any residence or other building to be a recovery housing residence, sober living home, or any other alcohol and drug free housing for persons recovering from alcohol use disorder or drug addiction unless the residence or building meets either of the following conditions: (1) The residence or building is on the registry estab... |
Section 5119.396 | Prohibition against referrals.
...Beginning January 1, 2025, community addiction services providers and community mental health services providers shall not refer clients to a recovery housing residence unless the residence is on the registry established and maintained under section 5119.394 of the Revised Code on the date that the referral is made. Community addiction services providers and community mental health services providers shall maintain r... |
Section 5119.397 | Rulemaking.
...The director of mental health and addiction services may adopt rules in accordance with Chapter 119. of the Revised Code to implement sections 5119.39 to 5119.396 of the Revised Code. |
Section 5119.40 | Determination of services needed.
...(A) As used in this section, "individual with a mental illness" and "specialized services" have the same meanings as in section 5165.03 of the Revised Code. (B)(1) Except as provided in division (B)(2) of this section and rules adopted under division (E)(3) of this section, for purposes of section 5165.03 of the Revised Code, the department of mental health and addiction services shall determine in accordance with... |