Bill Text: OH HB452 | 2013-2014 | 130th General Assembly | Engrossed

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Bill Title: To require children's residential facilities to provide specified information to local law enforcement agencies, emergency management agencies, and fire departments and to require the Department of Job and Family Services to implement a Child Placement Level of Care Tool Pilot Program.

Sponsorship: Slight Partisan Bill (Republican 19-8)

Status: (Engrossed - Dead) 2014-05-07 - To Medicaid, Health & Human Services [HB452 Detail]

Download: Ohio-2013-HB452-Engrossed.html

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As Passed by the House

130th General Assembly Regular Session 2013-2014

H. B. No. 452

Representative Gonzales 

Cosponsors: Representatives Derickson, Wachtmann, Schuring, Bishoff, Brown, Hagan, R., Johnson, Smith, Anielski, Baker, Beck, Buchy, Butler, Cera, Conditt, DeVitis, Green, Grossman, Hackett, Hagan, C., Milkovich, Pillich, Rogers, Sprague, Winburn Speaker Batchelder 

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A BILL

To amend sections 5153.21 and 5153.42 and to enact

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sections 5103.05 and 5103.051 of the Revised Code

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to require children's residential facilities to

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provide specified information to local law

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enforcement agencies, emergency management

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agencies, and fire departments and to require the

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Department of Job and Family Services to implement

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a Child Placement Level of Care Tool Pilot

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Program.

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

Section 1.  That sections 5153.21 and 5153.42 be amended and	10
sections 5103.05 and 5103.051 of the Revised Code be enacted to	11
read as follows:	12

Sec. 5103.05.  (A) As used in this section and section	13
5103.051 of the Revised Code:	14

(1) "Children's residential center" means a facility that is	15
operated by a private child placing agency, private noncustodial	16
agency, or public children services agency, that has been	17
certified by the department of job and family services to operate	18
a children's residential center, and in which eleven or more	19
children, including the children of any staff residing at the	20
facility, are given nonsecure care and supervision twenty-four	21
hours a day.	22

(2) "Children's crisis care facility" has the same meaning as	23
in section 5103.13 of the Revised Code.	24

(3) "County children's home" means a facility established	25
under section 5153.21 of the Revised Code.	26

(4) "District children's home" means a facility established	27
under section 5153.42 of the Revised Code.	28

(5) "Group home for children" means any public or private	29
facility that is operated by a private child placing agency,	30
private noncustodial agency, or public children services agency,	31
that has been certified by the department to operate a group home	32
for children, and that meets all of the following criteria:	33

(a) Gives, for compensation, a maximum of ten children,	34
including the children of the operator or any staff who reside in	35
the facility, nonsecure care and supervision twenty-four hours a	36
day by a person or persons who are unrelated to the children by	37
blood or marriage, or who is not the appointed guardian of any of	38
the children;	39

(b) Is not certified as a foster home;

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(c) Receives or cares for children for two or more	41
consecutive weeks.	42

"Group home for children" does not include any facility that	43
provides care for children from only a single-family group, placed	44
at the facility by the children's parents or other relative having	45
custody.	46

(6) "Residential facility" means a group home for children,	47
children's crisis care facility, children's residential center,	48
residential parenting facility that provides twenty-four-hour	49
child care, county children's home, or district children's home. A	50
foster home is not a residential facility.	51

(7) "Residential parenting facility" means a facility	52
operated by a private child placing agency, private noncustodial	53
agency, or public children services agency, that has been	54
certified by the department to operate a residential parenting	55
facility, in which teenage mothers and their children reside for	56
the purpose of keeping mother and child together, teaching	57
parenting and life skills to the mother, and assisting teenage	58
mothers in obtaining educational or vocational training and	59
skills.	60

(8) "Nonsecure care and supervision" means care and	61
supervision of a child in a residential facility that does not	62
confine or prevent movement of the child within the facility or	63
from the facility.	64

(B) Within ten days after the commencement of operations at a	65
residential facility, the facility shall provide the following to	66
all county, municipal, or township law enforcement agencies,	67
emergency management agencies, and fire departments with	68
jurisdiction over the facility:	69

(1) Written notice that the facility is located and will be	70
operating in the agency's or department's jurisdiction. The	71
written notice shall provide the address of the facility, identify	72
the facility as a group home for children, children's crisis care	73
facility, children's residential center, residential parenting	74
facility, county children's home, or district children's home, and	75
provide contact information for the facility.	76

(2) A copy of the facility's procedures for emergencies and	77
disasters established pursuant to rules adopted under section	78
5103.03 of the Revised Code;	79

(3) A copy of the facility's medical emergency plan	80
established pursuant to rules adopted under section 5103.03 of the	81
Revised Code;	82

(4) A copy of the facility's community engagement plan	83
established pursuant to rules adopted under section 5103.051 of	84
the Revised Code.	85

(C) Within ten days of a facility's recertification by the	86
department, the facility shall provide to all county, municipal,	87
or township law enforcement agencies, emergency management	88
agencies, and fire departments with jurisdiction over the facility	89
updated copies of the information required to be provided under	90
divisions (B)(2), (3), and (4) of this section.	91

(D) The department may adopt rules in accordance with Chapter	92
119. of the Revised Code necessary to implement this section.	93

Sec. 5103.051. (A) Each private child placing agency, private	94
noncustodial agency, public children services agency, or	95
superintendent of a county or district children's home shall	96
establish a community engagement plan in accordance with rules	97
adopted under division (B) of this section for each residential	98
facility the agency, entity, or superintendent operates.	99

(B)(1) The department of job and family services shall adopt	100
rules in accordance with Chapter 119. of the Revised Code that	101
establish the following:	102

(a) The contents of a community engagement plan to be	103
established under division (A) of this section that includes the	104
following:	105

(i) Protocols for the community in which a residential	106
facility is located to communicate concerns or other pertinent	107
information directly to the agency or entity;	108

(ii) Protocols for the agency or entity in responding to a	109
communication made under division (B)(1)(a)(i) of this section.	110

(b) Orientation procedures for training residential facility	111
staff on the implementation of the community engagement plan	112
established under division (A) of this section and procedures for	113
responding to incidents involving a child at the facility and	114
neighbors or the police.	115

(2) The department shall file initial rules adopted under	116
division (B)(1) of this section within ninety days after the	117
effective date of this section.	118

Sec. 5153.21.  The board of county commissioners may	119
establish a children's home upon the recommendation of the public	120
children services agency and subject to certification by the	121
department of job and family services under section 5103.03 of the	122
Revised Code and the requirements of sections 5103.05 and 5103.051	123
of the Revised Code.	124

Sec. 5153.42.  District children's homes shall be	125
established, operated, maintained, and managed in the same manner	126
so far as applicable as county children's homes and shall be	127
subject to the requirements of sections 5103.05 and 5103.051 of	128
the Revised Code.	129

Section 2. That existing sections 5153.21 and 5153.42 of the	130
Revised Code are hereby repealed.	131

Section 3. (A) The Ohio Department of Job and Family Services	132
shall implement and oversee use of a Child Placement Level of Care	133
Tool on a pilot basis. The Department shall implement the pilot	134
program in up to ten counties selected by the Department and shall	135
include the county and at least one private child placing agency	136
or private noncustodial agency. The pilot program shall be	137
developed with the participating counties and agencies and must be	138
acceptable to all participants. A selected county or agency must	139
agree to participate in the pilot program.	140

(B) The pilot program shall begin not later than one hundred	141
eighty days after the effective date of this section and end not	142
later than eighteen months after the date the pilot program	143
begins. The length of the pilot program shall not include any time	144
expended in preparation for implementation or any post-pilot	145
program evaluation activity.	146

(C)(1) In accordance with sections 125.01 to 125.11 of the	147
Revised Code, the Ohio Department of Job and Family Services shall	148
provide for an independent evaluation of the pilot program to rate	149
the program's success in the following areas:	150

(a) Placement stability, length of stay, and other outcomes	151
for children;	152

(b) Cost;

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(c) Worker satisfaction;

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(d) Any other criteria the Department determines will be	155
useful in the consideration of statewide implementation.	156

(2) The evaluation design shall include:

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(a) A comparison of data to historical outcomes or control	158
counties;	159

(b) A prospective data evaluation in each of the pilot	160
counties.	161

(D) The Ohio Department of Job and Family Services may adopt	162
rules in accordance with Chapter 119. of the Revised Code as	163
necessary to carry out the purposes of this section. The	164
Department shall seek maximum federal financial participation to	165
support the pilot program and the evaluation.	166

(E) Notwithstanding division (E) of section 5101.141 of the	167
Revised Code, the Department of Job and Family Services shall seek	168
state funding to implement the Child Placement Level of Care Tool	169
pilot program described in this section and to contract for the	170
independent evaluation of the pilot program.	171

(F) As used in this section, "Child Placement Level of Care	172
Tool" means an assessment tool to be used by participating	173
counties and agencies to assess a child's placement needs when a	174
child must be removed from the child's own home and cannot be	175
placed with a relative or kin not certified as a foster caregiver	176
that includes assessing a child's functioning, needs, strengths,	177
risk behaviors, and exposure to traumatic experiences.	178