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Section 5103.0324 | Assessor to conduct home study.

...A public children services agency, private child placing agency, or private noncustodial agency to which the duty to inspect and approve a family foster home or treatment foster home has been delegated under section 5103.03 of the Revised Code shall provide for an assessor who meets the requirements of section 3107.014 of the Revised Code to conduct a home study of the home.

Section 5103.0325 | Review of rules for agency visits.

...Notwithstanding section 106.03 of the Revised Code, the department of children and youth shall review once every two years the department's rules 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 co...

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.

...A recommending agency may submit a request to the department of children and youth, on a case-by-case basis only, to waive any non-safety standards for a kinship caregiver seeking foster home certification. Non-safety standards include training hours and other requirements under sections 5103.031 and 5103.032 of the Revised Code and standards established by rules adopted under sections 5103.03 and 5103.0316 of the Re...

Section 5103.04 | Articles of incorporation to be filed with department of children and youth.

...No association whose object embraces the care of dependent, neglected, abused, or delinquent children, or the placing of such children in private homes, shall be incorporated unless the proposed articles of incorporation have been submitted first to the department of children and youth. The secretary of state shall not issue a certificate of incorporation to such association until there is filed in the secretary of s...

Section 5103.05 | Notice of operation.

...(A) As used in sections 5103.05 to 5103.0513 of the Revised Code: (1) "Children's residential center" means a facility that is operated by a private child placing agency, private noncustodial agency, or public children services agency, that has been certified by the department of children and youth to operate a children's residential center, and in which eleven or more children, including the children of any staff...

Section 5103.051 | Community engagement plan.

...(A) Each private child placing agency, private noncustodial agency, public children services agency, or superintendent of a county or district children's home shall establish a community engagement plan in accordance with rules adopted under division (B) of this section for each residential facility the agency, entity, or superintendent operates. (B) The department of children and youth shall adopt rules in accord...

Section 5103.052 | Residential facility - applicability.

...Sections 5103.052 to 5103.0513 of the Revised Code apply only to a residential 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.

...(A) The appointing or hiring officer of a residential facility that appoints or employs any person in the residential facility shall request the superintendent of BCII to conduct a criminal records check with respect to any person who is under final consideration for appointment or employment in the residential facility. The request shall be made at the time of initial application for appointment or employment and ev...

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.

...(A) A county, township, or municipal corporation may revoke any conditional use permit issued by the county, township, or municipal corporation respecting real property used as a residential facility, if the operator of 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 n...

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.

...(A) Not later than one year after the effective date of this section and annually thereafter, the department of children and youth shall survey staff of all residential facilities and of public children services agencies and private child placing agencies working with children under the care and supervision of residential facilities regarding the status of these children. The survey shall examine concerns regarding r...

Section 5103.0513 | Education form.

...rmation to the foster care liaison in a student's new school district verbally upon enrolling the child. Not later than five days after a child's enrollment in the new school district, the agency shall submit the form completed under division (B)(1) of this section to the district's foster care liaison.

Section 5103.0520 | Requirements for group homes.

...(A) As used in this section, "group home" has the same meaning as "group home for children" in section 5103.05 of the Revised Code. (B) Not later than two hundred seventy days after the effective date of this section, the director of children and youth shall adopt rules in accordance with Chapter 119. of the Revised Code to establish requirements regarding all of the following for group homes: (1) The use of the ...

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.

...The department of children and youth may enter into contracts with the department of education and workforce authorizing the department of children and youth to administer funds received by the department of education and workforce under the "State Dependent Care Development Grants Act," 100 Stat. 968 (1986), 42 U.S.C.A. 9871, as amended. In fulfilling its duties under such a contract, the department of children and ...

Section 5103.09 | Benefits to children in the custody of a Title IV-E agency.

...(A) As used in this section, "Title IV-E agency" has the same meaning as in section 5101.132 of the Revised Code. (B) Upon receiving the care and placement of a child, a Title IV-E agency shall determine if the child is eligible for or receiving benefits administered by the United States social security administration, the United States department of veterans affairs, the Ohio public employee retirement system, the...

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.

...(A) As used in this section: (1) "Hearing" has the same meaning as in section 119.01 of the Revised Code. (2) "Permanent custody" has the same meaning as in section 2151.011 of the Revised Code. (B) The department of children and youth may enter into agreements with public children services agencies and private child placing agencies under which the department will make payments to encourage the adoptive pla...

Section 1702.12 | Authority of nonprofit corporation.

...A corporation may purchase and maintain insurance, or furnish similar protection, including, but not limited to, trust funds, letters of credit, or self-insurance, for or on behalf of any person who is or was a director, officer, employee, agent, or volunteer of the corporation, or is or was serving at the request of the corporation as a director, officer, employee, member, manager, agent, or volunteer of anoth...

Section 1702.13 | Membership.

...(A) The corporation shall maintain a record of its members containing the name and address of each member, the date of admission to membership, and, if members are classified, the class to which the member belongs. (B) A corporation may issue certificates evidencing membership in it, but a corporation incorporated on or after June 9, 1927, shall not issue certificates for shares. (C) Membership in a corporation ma...

Section 1702.14 | Absence of provision for members.

...Where neither the articles nor the regulations provide for members thereof as such, or where a corporation has in fact no members other than the directors, the directors shall, for the purposes of any statute or rule of law relating to corporations, be taken to be the members of such corporation, and they shall have all the rights and privileges of members; except that where the provisions in this chapter relating ...

Section 1702.15 | Corporation to keep books and records of account and minutes of proceedings.

...Each corporation shall keep correct and complete books and records of account, together with minutes of the proceedings of its incorporators, members, directors, and committees of the directors or members. Subject to limitations prescribed in the articles or the regulations upon the right of members of a corporation to examine the books and records, all books and records of a corporation, including the membership r...

Section 1702.16 | Annual meeting.

...An annual meeting of voting members for the election of directors and the consideration of reports to be laid before such meeting shall be held on a date designated by or in the manner provided for in the articles or the regulations. In the absence of such a designation, the annual meeting shall be held on the first Monday of the fourth month following the close of each fiscal year of the corporation. When the annua...

Section 1702.17 | Meetings of voting members - calling and place of meeting.

...(A) Meetings of voting members may be called by any of the following: (1) The chairperson of the board, the president, or, in case of the president's absence, death, or disability, the vice-president authorized to exercise the authority of the president; (2) The directors by action at a meeting, or a majority of the directors acting without a meeting; (3) The lesser of (a) ten per cent of the voting members or (b)...

Section 1702.18 | Notice of meeting.

...Unless the articles or the regulations provide for notice of meetings otherwise than as provided in this section, written notice stating the place, if any, and the time of a meeting and the means, if any, by which the voting members can be present and vote at the meeting through the use of authorized communications equipment, and, in case of a special meeting, the purpose or purposes for which the meeting is called, ...

Section 1702.19 | Waiver of notice.

...(A) Notice of the place, if any, the time, and the purposes of any meeting of voting members or directors, as the case may be, whether required by law, the articles, the regulations, or (in the case of directors) the bylaws, may be waived in writing, either before or after the holding of such meeting, by any member, or by any director, which writing shall be filed with or entered upon the records of the meeting. A ...

Section 1702.20 | Voting.

...(A) Except as otherwise provided in the articles or the regulations, each member, regardless of class, shall be entitled to one vote on each matter properly submitted to the members for their vote, consent, waiver, release, or other action. (B) Unless the articles or the regulations provide otherwise, voting at elections and votes on other matters may be conducted by mail or by the use of authorized communications ...

Section 1702.21 | Voting of membership in corporation.

...(A) When any domestic corporation or domestic business corporation holds membership in a domestic or foreign corporation, the chairperson of the board, the president, any vice-president, the secretary, or the treasurer of the corporation or business corporation holding such membership, and any such officer or cashier or trust officer of a banking or trust corporation holding such membership, and any like officer of a...

Section 1702.22 | Quorum of voting members.

...Unless the articles or the regulations otherwise provide: (A)(1) The voting members present in person, by the use of authorized communications equipment, by mail, or, if permitted, by proxy at any meeting of voting members shall constitute a quorum for the meeting. (2) The affirmative vote of a majority of the voting members present at a meeting at which a quorum is present as provided in division (A)(1) of this s...

Section 1702.23 | Controlling provisions of articles or regulations.

...Whenever, with respect to the authorization or taking of any action by the members or the directors, the articles or the regulations require the vote, consent, waiver, or release of a greater proportion or number of the members or the directors than that otherwise required by law with respect thereto, the provisions of the articles or the regulations shall control.

Section 1702.24 | Vote of members required for rescission or revocation.

...The authorization or taking of any action by vote, consent, waiver, or release of the members may be rescinded or revoked by the same vote, consent, waiver, or release as at the time of rescission or revocation would be required to authorize or take such action in the first instance, subject to the contract rights of other persons.

Section 1702.25 | Action by members or directors without a meeting.

...(A) Unless the articles or the regulations prohibit the authorization or taking of any action of the incorporators, the members, or the directors without a meeting, any action that may be authorized or taken at a meeting of the incorporators, the members, or the directors, as the case may be, may be authorized or taken without a meeting with the affirmative vote or approval of, and in a writing or writings signed by...

Section 1702.26 | Election of directors.

...(A) At a meeting of members at which directors are to be elected, only persons nominated as candidates shall be eligible for election as directors. (B) At all elections of directors the candidates receiving the greatest number of votes shall be elected.

Section 1702.27 | Number and qualifications of directors - ex officio directors - provisional director.

...(A) Except as provided in division (B) of this section and section 1702.521 of the Revised Code: (1) The number of directors as fixed by the articles or the regulations shall be not less than three or, if not so fixed, the number shall be three, except that if there are only one or two members of the corporation, the number of directors may be less than three but not less than the number of members. (2)(a) Subjec...

Section 1702.28 | Term and classification of directors.

...(A) Unless the articles or the regulations provide for a different term, each director shall hold office until the next annual meeting of voting members and until the director's successor is elected, or until the director's earlier resignation, removal from office, or death. (B) The articles or the regulations may provide for the classification of directors into classes and that the terms of office of the several c...

Section 1702.29 | Removal of directors and filling vacancies.

...(A) The office of a director becomes vacant if the director dies or resigns, which resignation shall take effect immediately or at such other time as the director may specify. (B) A director may be removed from office pursuant to any procedure therefor provided in the articles or in the regulations and such removal shall create a vacancy in the board. (C) Unless the articles or the regulations otherwise provide, th...

Section 1702.30 | Authority of directors.

...(A) Except where the law, the articles, or the regulations require that action be otherwise authorized or taken, all of the authority of a corporation shall be exercised by or under the direction of its directors. For their own government, the directors may adopt bylaws that are not inconsistent with the articles or the regulations. (B) A director shall perform the director's duties as a director, including the du...

Section 1702.301 | Interest of director or officer in contract.

...(A) Unless otherwise provided in the articles or the regulations: (1) No contract, action, or transaction is void or voidable with respect to a corporation because the contract, action, or transaction is between or affects the corporation and one or more of its directors or officers, or is between or affects the corporation and any other person in which one or more of the corporation's directors or officers are dire...

Section 1702.31 | Meetings of directors - notice.

...Unless otherwise provided in the articles, regulations, or bylaws, and subject to the exceptions applicable during an emergency for which provision is made in division (G) of section 1702.11 of the Revised Code: (A) Meetings of the directors may be called by the chairperson of the board, the president, any vice-president, or any two directors. (B) Meetings of the directors may be held at any place within or witho...

Section 1702.32 | Quorum for directors' meeting.

...Unless the articles or the regulations otherwise provide, and subject to the exceptions applicable during an emergency for which provision is made in division (G) of section 1702.11 of the Revised Code, a majority of the whole authorized number of directors is necessary to constitute a quorum for a meeting of the directors, except that a majority of the directors in office constitutes a quorum for filling a vacancy i...

Section 1702.33 | Executive and other committees of directors.

...(A) The regulations may provide for the creation by the directors of an executive committee or any other committee of the directors, to consist of one or more directors, and may authorize the delegation to any such committee of any of the authority of the directors, however conferred. (B) The directors may appoint one or more directors as alternate members of any committee described in division (A) of this section,...

Section 1702.34 | Officers - authority and removal.

...(A) The officers of a corporation shall consist of a president, a secretary, a treasurer, and, if desired, a chairperson of the board, one or more vice-presidents, and such other officers and assistant officers as may be deemed necessary, each of whom may be designated by such other titles as may be provided in the articles, the regulations, the bylaws, or resolutions of the directors. Unless the articles or the regu...

Section 1702.341 | Officers - fiduciary duties.

...(A) Unless the articles, the regulations, or a written agreement with an officer establishes additional fiduciary duties, the only fiduciary duties of an officer are the duties to the corporation set forth in division (B) of this section. (B) An officer shall perform the officer's duties to the corporation in good faith, in a manner the officer reasonably believes to be in or not opposed to the best interests of t...