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Current State Child Welfare Legislation (2011-2012 Ohio 129th General Assembly)

The following bills have been introduced in the 129th General Assembly and impact child welfare directly or indirectly.  To access other bills go to the following website for the 129th General Assembly.  

 

 

 

 

House Bills

HB 69 State Retirement Systems (Wachtmann) - PCSAO is tracking the process at a high level to keep our membership informed of changes and when opportunity presents, offer ways to lessen negative policy changes or at least soften effective date impacts, etc.  Hearings in Hse Hlth & Aging Retirement and Pension Sbcmte halted 3/23/11 ; Ohio Retirement Study Council (ORSC) seeking outside review & actuarial study of proposed reforms and ORSC plans to hold field hearings Aug-Oct, 2011.  Passage delayed until 2012??  Stay tuned…

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HB 86 Criminal Sentencing & Juvenile Justice Reform (Blessing/Heard) - This legislation addressed big picture (and complex) sentencing reform (adult and juvenile) with the goal of moving large numbers of “low level, non-violent” offenders from prison to probation and community based programs.  It is projected to save approximately $62 Million.  Foster youth notification provisions were successfully removed from the bill!  Gov signed 6/29/11, Eff 9/30/11.

Foster Child Community Notification Provisions:

Juvenile Justice Reform: Summary of Juvenile Justice Reform in HB86.
Link to HB 86

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HB 92 Adult Adoptions (Martin/Beck) - In addition to allowing adult adoption (child of spouse of adoption petitioner with adult consent, of course), this bill creates a feasible path to adult adoption for our youth aging out of care from Permanent Custody or Planned Permanent Living Arrangement, and Kinship.  This bill unanimously passed the House and Senate; signed by Gov 6/29/11, Eff 9/30/11.

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HB 262 Safe Harbor for Exploited Children (Fedor) - The Safe Harbor for Exploited Children bill requires the Departments of Job & Family Services, Health and Mental Health to respond to minors who are victims of human trafficking; ODJFS shall develop procedures for reuniting minors with family members in the minor's country of origin or destination country whenever it is possible and safe to do so; Dept of Commerce to develop posters w/national human trafficking resource center hotline to be displayed in certain locations (highway truck stops, hotels, hospitals, among others); clarifies that a minor is not guilty of solicitation when forced under duress/coercion.  PCSAO is monitoring this bill throughout the legislative process and Crystal Ward Allen chairs the Prevention, Education and Outreach Subcommittee of the Ohio Attorney General’s Human Trafficking Commission.

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Sub HB 279 Budget Neutral Kinship Bill (Grossman/Driehaus) - This bill maintains the current grandparent Power of Attorney and Caregiver Authorization Affidavit forms and provides additional court oversight over existing grandparent POA/CAA by adding a “14 day cooling off period,” permitting grandparents to request custody if they disagree with the parent terminating the POA/CAA, and the court to hold a best interest hearing.  As a result of this additional court oversight, removes the automatic one-year expiration of the POA/CAA.   The bill also contains policy related to relative notification and sibling connections (both from Fed Fostering Connections Act); expanded use of Putative Father Registry to search/engage fathers/paternal relatives;  state recommendations re implementing IV-E subsidized guardianship program; adds “qualified non-relative placements” to 5153.161; file missing child report with local law enforcement when child in custody goes missing.

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HB 281 Ohio Prevention First Act (Antonio) - PCSAO supports this bill and believes all youth should have access to sexual health services and information about sex and healthy relationships.  This bill provides comprehensive reproductive health education; ensures sexual assault victims have access to emergency contraception, plus testing/treatment for STIs in all hospital emergency rooms; creates state teen pregnancy prevention task force; prevents health insurance companies  from limiting/excluding coverage for FDA-approved prescription contraception; other pharmacy requirements.  Introduced 6/23/11; assigned to House Health Cmte.  Trustees are on record supporting this legislation in previous General Assembly.  We’re hopeful for at least sponsor and proponent testimony in 2012. 

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HB 299 Caylee’s Law (Stinziano/Anielski) - One of three different bills proposed to serve as Ohio’s response to a Florida case (others: HB 301 and SB 203).  Requires a parent, legal guardian, or custodian of a child under the age of sixteen to report to a law enforcement agency within twenty-four hours after the child is missing or within one hour after discovering that the child is deceased; increases penalty for falsification to mislead a public official.  PCSAO is part of interested party meetings related to this and other versions of similarly proposed legislation. Link to HB 299.

 

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HB 301 Missing or Deceased Child (Hottinger/Beck) - One of three different bills proposed to serve as Ohio’s response to a Florida case (others: HB 299 and SB 203).  Require a parent, legal guardian, or custodian of a child under the age of thirteen to report to a law enforcement agency within twenty-four hours after the child is missing or after discovering the child is deceased.  PCSAO is part of interested party meetings related to this and other versions of similarly proposed legislation. Link to HB 301.

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HB 392 Out of State Placement Standards – when abused, neglected, or dependent children are placed by a PCSA, PCPA, PNA, or Juvenile Court into a Group Home or Residential Facility in another state, the out of state facility must comply with Ohio policies (core standards) regarding clients rights, use of restraint and isolation or seclusion, and behavior intervention and discipline policies.  These core standards and compliance with them are to be included in agency contracts.  The bill provides specific guidance on the standards.  Ohio children placed in out of state facilities can expect the same level of core standards whether they are placed in an Ohio or out of state facility.  PCSAO appreciates Representatives Grossman and Combs’ work and dedication over the years to keep children safe and OACCA for incorporating all of the changes provided by PCSAO’s legislative committee, Trustees, and members.  A brief outline of the bill includes:

  • Applies to out of state, residential and group care placements, made through Interstate Compact (by PCSA, PCPA, PNA, or Juvenile Court); does not apply to out of state adoptions, foster homes, or relative placements
  • Abused, neglected, dependent children placed
  • ODJFS to issue annual report on number of children placed out of state (by whom and where); issue rules in coordination with departments of alcohol / drug addiction, developmental disabilities, and mental health on core standards regarding client rights, use of restraints/isolation/seclusion, reporting requirements, behavior intervention and discipline policies.
  • Contract between agencies and facilities incorporate core standards

Testimony by Greg Kapcar, PCSAO Legislative Director

Link to HB 392

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HB 462 Prohibit Withholding Grades/Credits for Abused Children Regardless of unpaid fees to schools, this bill prohibits school boards from withholding grades, credits, transcripts, diplomas for A/N/D children; a school must send these items (for A/N/D kids) when another school requests them or judge orders.  PCSAO fully supports this bill aimed at reducing educational barriers for the children in our care and custody. 

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HB 487 Mid-Biennium Review

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Senate Bills

SB 3 State Retirement Systems (Faber) - PCSAO is tracking the process at a high level to keep our membership informed of changes and when opportunity presents, offer ways to lessen negative policy changes or at least soften effective date impacts, etc.  Hearings in Hse Hlth & Aging Retirement and Pension Sbcmte halted 3/23/11 ; Ohio Retirement Study Council (ORSC) seeking outside review & actuarial study of proposed reforms and ORSC plans to hold field hearings Aug-Oct, 2011.  Passage delayed until 2012??  Stay tuned…

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SB 153 and SB 163 Promoting Family and Sibling Connections (Kearney) - Two out of four bills Senator Kearney has introduced to codify elements of the Federal Fostering Connections to Success Act.  SB 153 requires due diligence to notify child’s adult relatives and SB 163 requires reasonable efforts to place siblings together/maintain connections when it’s in the best interest and well-being of the child.

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SB 161  Federal Parent Locator (Kearney) - Ohio Department of Job and Family Services to adopt rules governing the use of the Federal Parent Locator Service by the Office of Child Support. Link to SB 161

 

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SB 162  Subsidized Guardianship Feasibility Study (Kearney) - Require the Department of Job and Family Services to conduct a feasibility study of current trends in the placement of children by public children services agencies into relative caregiver homes. Link to SB 162.

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SB 203 Caylee’s Law (Cafaro/LaRose) - One of three different bills proposed to serve as Ohio’s response to a Florida case (others: HB 299 and HB 301).  Require a parent, legal guardian, custodian, or caretaker of a child under the age of thirteen to report to a law enforcement agency within twenty-four hours after the child is missing; require same individuals to report to a law enforcement within forty-eight hours after a child (above the age of twelve and under the eighteen) is missing; require same individuals to report within one hour after discovering the child is deceased; increase penalty for falsification to mislead a public official.  PCSAO is part of interested party meetings related to this and other versions of similarly proposed legislation. Link to SB 203.

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