Public Children Services Association Of Ohio (PCSAO)

OHIO 125TH GENERAL ASSEMBLY (2003-2004)

The following bills have been introduced in the 125th General Assembly. These bills impact child welfare 
directly or indirectly. Link to bills - the text and analysis of each bill can be accessed at the following website 
for the 125th General Assembly http://www.legislature.state.oh.us/

 

H.B. 11 (Jerse)            Day Care Providers                   
Passed by the House of Representatives, currently awaiting hearings in Senate Judiciary Committee on Criminal Justice.
Link to HB 11:            http://www.legislature.state.oh.us/bills.cfm?ID=125_HB_11

H.B. 12. (Aslanides)  Carrying Concealed Weapon           
The bill was voted out of Conference Committee and was signed by the Governor on January 8, 2004.  The new law becomes effective on April 8, 2004.  The law will specifies that carrying a concealed weapon is prohibited in public buildings or where public offices are located as well as child day-care centers, including day care centers in the home. 

Link to a page created by the Ohio Attorney General explaining the requirements and procedures required by the new law. It includes information on training requirements, signage for businesses, etc. As the law allows governmental buildings to prohibit concealed weapons, PCSAO suggests your review the suggested signage to be posted your agency building.  http://www.ag.state.oh.us/web_applications/concealcarry/About.asp

Link to HB 12:            http://www.legislature.state.oh.us/bills.cfm?ID=125_HB_12

H.B. 76 (Widowfield)      Shaken Baby Syndrome                  
This bill was introduced February 26, 2003.  It requires the director of health to establish the shaken baby awareness and prevention program by requiring hospitals and freestanding birthing centers to offer to parents of newborn children a Shaken Baby Syndrome video to view.  If the parents choose to view the video, they have the option to sign a participation form stating that she has viewed the video.  There is no funding for establishing this program.
Link to H.B. 76:            http://www.legislature.state.oh.us/bills.cfm?ID=125_HB_76

H.B. 117 (Widowfield)   Foster Parent Training Bill
Sub. HB 117 passed out of the Senate on April 21, 2004. PCSAO Senate testimony is attached. The amendment allowing dual foster parent certification and adoption approval status for resource families was removed in the Senate. The bill has passed both Houses of the General Assembly, and should be up for final concurrence before the House soon.

Link to HB 117:    http://www.legislature.state.oh.us/bills.cfm?ID=125_HB_117    
PCSAO Senate Testimony 
PCSAO HB 117 Resource Family Amendment, line 269-276

H.B. 130 (Reidelbach)    Kinship Care Affidavit           
Sub. HB 130, which creates a mechanism for grandparent caregivers, passed both Houses of the General Assembly, and was signed by Governor Taft on April 19, 2004, to become effective 90 days later. PCSAO provided supportive testimony in both houses of the General Assembly, prior to its passages. The reported bill was amended to remove all provisions requiring paperwork to be filed with PCSAs. Instead, paperwork is to be filed, at no cost, with the Juvenile Court in the county of the grandparent caregiver's residence (or court of original jurisdiction if the child is already involved in another court). Affidavits are not filed with PCSAs and (2) the Affidavit be extended to include all relatives and kin, not just grandparents.
Link to H.B. 130:       http://www.legislature.state.oh.us/bills.cfm?ID=125_HB_130
PCSAO testimony of H.B. 130

H.B. 207 (Mason)        Religion and Child Abuse
This bill is also regarding reporting of child abuse and neglect by religious entities (the other bill is S.B. 100). 
Link to H.B. 207:            http://www.legislature.state.oh.us/bills.cfm?ID=125_HB_207

H.B. 225 (Olman)       Mental Health Parity           
HB 225 passed out of the Ohio House Insurance Committee and passed out of the full House of Representatives (52-42) on February 4, 2004. PCSAO provided supportive testimony when it was heard in October 2003.  Mental Health Parity legislation would help many families access appropriate mental health needs in a timely manner, before the crisis escalates. 

John Dillon, Policy Manager for PCSAO, testified (November 9, 2004) in support of the Mental Health Parity Bill in font of the Senate Insurance, Commerce, and Labor Committee.  The Committee heard from several proponents of the bill describing a desperate need for Ohio to join the 35 other states in passing Mental Health Parity into law. 
Link to H.B. 225:            http://www.legislature.state.oh.us/bills.cfm?ID=125_HB_225
PCSAO testimony of H.B. 225 (October 13, 2003 by Crystal W. Allen) 
PCSAO testimony of H.B. 225 (November 9, 2004 by John Dillon)

 H.B.  265 (Faber)       Paddling Protection Act                
Confers immunity from civil liability upon school districts, community schools, nonpublic schools and school employees for an alleged injury to a student caused by school discipline, provide that such discipline does not result in child endangerment.   The bill has had several hearings in the House.  PCSAO does oppose this bill.
Link to H.B. 265:            http://www.legislature.state.oh.us/bills.cfm?ID=125_HB_265
PCSAO Legislative Committee Bill Review
PCSAO testimony of H.B. 265:            (coming soon)

H.B. 313 (DePiero)         Criminal Child Enticement           
The bill, introduced in October 2003, revises current law of no person, by any means and without privilege to do so, shall knowingly solicit, coax, entice, or lure any child under fourteen years of age to accompany the person in any manner, including entering into any vehicle from a misdemeanor in the first degree to a felony in the fifth degree.
Link to H.B. 313:            http://www.legislature.state.oh.us/bills.cfm?ID=125_HB_313
PCSAO Legislative Committee Bill Review:            (coming soon)

S.B. 4 / S.B. 178 (Spada)        MR/DD Victims of Crime Bill          
Due to an amendment related to closure of state facilities, Governor Taft vetoed SB 4 after its passage by the General Assembly.  Senator Spada re-introduced the legislation as SB 178 in January, 2004, and it has been passed by the Senate and then the House without the controversial amendment.  The Bill is awaiting the Governor’s signature.
Link to S.B. 178:            http://www.legislature.state.oh.us/bills.cfm?ID=125_SB_178

S.B. 58 (Jacobson)         Endangering Children                     
The bill has been heard in the Senate and passed out as a sub bill in October 2003.  The original bill expanded the offense of endangering children to also prohibit manufacturing drugs, including methamphetamine in the vicinity of a juvenile or school.  However, the offense of endangering children was removed and expanding drug offenses was added in the sub bill.  PCSAO does support S.B. 58 with the recommendation of keeping endangering children offense in addition to the drug offense. The Bill was voted out of the House committee on February 3, 2004 with an amendment to the bill adding child endangering (felony) as an additional offense to the drug offense and adding “in a vicinity of a juvenile” to the child endangerment section. 
S.B. 58 as amended passed unanimously out of the 
House, (96-0) 
Link to S.B. 58:            http://www.legislature.state.oh.us/bills.cfm?ID=125_SB_58
PCSAO testimony of S.B. 58

S.B. 66 (Shuring)         Children Advocacy Centers           
Permits counties to establish Children's Advocacy Centers to review and assess, and to assist PCSAs with investigations of reports of child abuse or neglect, as defined within locally designed Memorandums of Understanding. The bill permits one time Children's Trust Fund support of $5,000. for each community that establishes a CAC. The bill was introduced April 2, 2003, and was passed by the Senate April 27, 2004. It has been referred to the House of Representatives.

Counties establish Children's Advocacy Centers. Third hearing was held on November 17, 2004. Substitute Bill  was accepted and reported out of the committee. PCSAO has no testimony at the hearing.

The current bill passed (90-0) on the House floor on12/7/04, it now just has to go back for final concurrence on Senate floor. 

Link to S.B. 66:  http://www.legislature.state.oh.us/bills.cfm?ID=125_SB_66
PCSAO SB 66 Testimony

S.B. 100 (Spada)            Religious Order Misconduct           
Senate Bill 100 specifically includes all clergy members or any person acting in a designated function on behalf of any church, religious society, or faith to report the abuse or neglect of a child to a public children services agency (PCSA) and tolls the statue of limitations for violations involving abuse and neglect of a child if certain individuals fail to report the abuse or neglect of the child.  Sub. SB 100 passed out of the Senate June 2003 and is currently being heard in the House.  PCSAO supports S.B. 100.
Link to S.B. 100:            http://www.legislature.state.oh.us/bills.cfm?ID=125_SB_100

PCSAO testimony of S.B. 100
PCSAO 2nd testimony of S.B. 100

SB148  (Stivers)      Child Day-Care  
Revise law pertaining to child day-care. Second hearing. to revise the law pertaining to child day-care; to include additional offenses in criminal background checks of child day-care providers; to make changes in the law governing certification of type B family day-care homes; and to create the offenses of misrepresentation by a child day-care provider, failure of a child day-care center to disclose the death or serious injury of a child, and failure of a type A or type B family day-care home to disclose the death or serious injury of a child.  

Susan Alexander on behalf of the County Commissioners Association, Rick Smith on behalf of the Ohio Department of Job and Family Services, Martha Sweterlisch, of the Ohio YMCA's Public Policy Center, and Judy Chavis of the Ohio Department of Job and Family Services Directors Association all testified in support of the bill. http://www.legislature.state.oh.us/bills.cfm?ID=125_SB_148

S.B. 153 (Jacobson)       Financial Accountability          
This proposed legislation enacts section 9.23 of the Revised Code to impose various resorting, auditing, and other requirements on persons who receive public money for the provision of services and to provide civil remedies for the misuse of public money.  The general purpose is to strengthen the general accountability standards for recipients of public funding.   PCSAO will be working with the Sponsor to access how this impact PCSAs and how it relates to H.B. 448 which established single cost accounting, auditing and contract procedures for child welfare.
Link to S.B. 153:            http://www.legislature.state.oh.us/bills.cfm?ID=125_SB_153
PCSAO Position Paper

S.B. 155 (Stivers)          Child Day Care – Background Checks/Type B Certifications
To amend sections of the Revised Code to include additional offenses in criminal background checks of child day-care providers and to make changes to the law governing certification of type B family day-care homes.  The bill was introduced in November 2003.
Link to S.B. 155:          http://www.legislature.state.oh.us/bills.cfm?ID=125_SB_155
PCSAO Legislative Committee Bill Review:          (coming soon)

Sub S. B. 185 (Jordan J)  Child Custody  Uniform Child Custody Jurisdiction/Enforcement Act Second hearing was held on November 17, 2004.    The substitute bill repeals the Uniform Child Custody Jurisdiction Act and replaces it with the Uniform Child Custody Jurisdiction and Enforcement Act.

The bill was mended and reported out of the committee. PCSAO has no testimony. Four amendments were adopted by the committee. The first regarded juvenile court jurisdiction, the second is technical and changes some of the wording of the bill, the third deals with the duration of domestic violence protection orders, and the last deals with dispositional options. http://www.legislature.state.oh.us/bills.cfm?ID=125_SB_185

S.B. 192 Mental Health Custody Relinquishment (Carey)         
The purpose of this bill is to enable parents of children with specific disabilities to received services for their children without losing custody of their children.  PCSAO is currently working with Senator Carey regarding this bill and recommendations for amendments.  The bill has not been introduced yet. 
Link to S.B. 192:            http://www.legislature.state.oh.us/bills.cfm?ID=125_SB_192
PCSAO Legislative Committee Bill Review
PCSAO Comments
PCSAO Letter to Sponsor with recommendations
Custody Relinquishment Case Example

LEADS UPDATE
LEADS (the Law Enforcement Automated Data System) is a collaborative of criminal history data systems that includes those from the FBI, BCI and local law enforcement agencies.  This fall, Ohio received FBI authority to allow public child welfare agencies access to this important information.  PCSA use of this new authority will be limited to children in exigent circumstances.  Current criminal history web check procedures are still required for all employment, foster care and adoptive parent checks. 
PCSAO December 12, 2003 LEADS update

 

 

The Public Children Services Association of Ohio  510 E. Mound St.,  Suite 200 Columbus, Ohio 43215 Tel: (614) 224-5802  E-mail: pcsao@pcsao.org