130th Ohio General Assembly
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(123rd General Assembly)
(Substitute House Bill Number 412)



AN ACT
To amend sections 2151.141, 2903.13, 2903.21, 2903.211, 2903.22, and 5153.163 and to enact section 2151.142 of the Revised Code to increase the penalties for assaulting or menacing personnel of public children services agencies and private child placing agencies, to declare the residential addresses of those personnel to be confidential information that is not subject to disclosure by specified persons or obtainable as a part of a public record, except by journalists in specified circumstances, and to permit a public children services agency to use state funds for an adopted child's residential treatment if that child's handicap or condition requires expenses beyond the adoptive parent's economic resources.

Be it enacted by the General Assembly of the State of Ohio:

SECTION 1 .  That sections 2151.141, 2903.13, 2903.21, 2903.211, 2903.22, and 5153.163 be amended and section 2151.142 of the Revised Code be enacted to read as follows:

Sec. 2151.141.  (A) If a complaint filed with respect to a child pursuant to section 2151.27 of the Revised Code alleges that a child is an abused, neglected, or dependent child, any individual or entity that is listed in divisions (D)(1)(a) to (k) of section 2151.14 of the Revised Code and that is investigating whether the child is an abused, neglected, or dependent child, has custody of the child, is preparing a social history for the child, or is providing any services for the child may request any board of education, governing body of a chartered nonpublic school, public children services agency, private child placing agency, probation department, law enforcement agency, or prosecuting attorney that has any records related to the child to provide the individual or entity with a copy of the records. The request shall be in writing, describe the type of records requested, explain the need for the records, be accompanied by a copy of the complaint, and describe the relationship of the requesting individual or entity to the child. The individual or entity shall provide a copy of the request to the child in question, the attorney or guardian ad litem of the child, and the parent, guardian, or custodian of the child.

(B)(1) Any board of education, governing body of a chartered nonpublic school, public children services agency, private child placing agency, probation department, law enforcement agency, or prosecuting attorney that has any records related to a child who is the subject of a complaint as described in division (A) of this section and that receives a request for a copy of the records pursuant to division (A) of this section shall comply with the request, unless the individual or entity determines that it is unable to do so because it is prohibited by law from complying with the request, the request does not comply with division (A) of this section, or a complaint as described in division (A) of this section has not been filed with respect to the child who is the subject of the requested records. If the individual or entity determines that it is unable to comply with the request, it shall file a motion with the court in which the complaint as described in division (A) of this section was filed or was alleged to have been filed requesting the court to determine the extent to which it is required to comply with the request for records. Upon the filing of the motion, the court immediately shall hold a hearing on the motion, determine the extent to which the movant is required to comply with the request for records, and issue findings of fact and conclusions of law in support of its determination. The determination of the court shall be final. If the court determines that the movant is required to comply with the request for records, it shall identify the specific records that must be supplied to the individual or entity that requested them.

(2) In addition to or in lieu of the motion described in division (B)(1) of this section, a law enforcement agency or prosecuting attorney that receives a request for a copy of records pursuant to division (A) of this section may file a motion for a protective order as described in this division with the court in which the complaint as described in division (A) of this section was filed or alleged to have been filed. Upon the filing of such a motion of that nature, the court shall conduct a hearing on the motion. If at the hearing the law enforcement agency or prosecuting attorney demonstrates that any of the following applies and if, after considering the purposes for which the records were requested pursuant to division (A) of this section, the best interest of the child, and any demonstrated need to prevent specific information in the records from being disclosed, the court determines that the issuance of a protective order is necessary, then the court shall issue a protective order that appropriately limits the disclosure of one or more specified records or specified information in one or more specified records:

(a) The records or information in the records relate to a case in which the child is alleged to be a delinquent child or a case in which a child is bound over for trial as an adult pursuant to section 2151.26 of the Revised Code and Juvenile Rule 30, and the adjudication hearing in the case, the trial in the case, or other disposition of the case has not been concluded.

(b) The records in question, or the records containing the information in question, are confidential law enforcement investigatory records, as defined in section 149.43 of the Revised Code.

(c) The records or information in the records relate to a case in which the child is or was alleged to be a delinquent child or to a case in which a child is or was bound over for trial as an adult pursuant to section 2151.26 of the Revised Code and Juvenile Rule 30; another case is pending against any child or any adult in which the child is alleged to be a delinquent child, the child is so bound over for trial as an adult, or the adult is alleged to be a criminal offender; the allegations in the case to which the records or information relate and the allegations in the other case are based on the same act or transaction, are based on two or more connected transactions or constitute parts of a common scheme or plan, or are part of a course of criminal conduct; and the adjudication hearing in, trial in, or other disposition of the other case has not been concluded.

(C) If an individual or entity is required to provide copies of records pursuant to this section, the individual or entity may charge a fee for the copies that does not exceed the cost of supplying them.

(D) This section shall not be construed to require, authorize, or permit, and does not require, authorize, or permit, the dissemination of any records or any information contained in any records if the dissemination of the records or information generally is prohibited by any provision section 2151.142 or another section of the Revised Code and a waiver as described in division (B)(1) of section 2151.142 of the Revised Code or a specific provision of the Revised Code does not specifically authorize or permit the dissemination of the records or information pursuant to this section.

Sec. 2151.142.  (A) As used in this section, "public record" and "journalist" have the same meanings as in section 149.43 of the Revised Code.

(B) BOTH OF THE FOLLOWING APPLY TO the residential address of EACH officer OR EMPLOYEE of a public children services agency or A private child placing agency who performS official responsibilities or duties described in section 2151.14, 2151.141, 2151.33, 2151.353, 2151.412, 2151.413, 2151.414, 2151.415, 2151.416, 2151.417, or 2151.421 or another section of the Revised Code AND TO THE RESIDENTIAL ADDRESS OF PERSONS RELATED TO THAT OFFICER OR EMPLOYEE BY CONSANGUINITY OR AFFINITY:

(1) other officerS AND employees of A public children services agency, private child placing agency, juvenile court, OR LAW ENFORCEMENT AGENCY SHALL CONSIDER THOSE RESIDENTIAL ADDRESSES to be confidential information. The OFFICER OR EMPLOYEE OF THE PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD PLACING AGENCY MAY WAIVE THE CONFIDENTIALITY OF THOSE RESIDENTIAL ADDRESSES BY GIVING EXPRESS PERMISSION FOR THEIR DISCLOSURE TO OTHER officerS OR employeeS of A public children services agency, private child placing agency, juvenile court, OR LAW ENFORCEMENT AGENCY.

(2) TO THE EXTENT THAT THOSE RESIDENTIAL ADDRESSES ARE CONTAINED IN PUBLIC RECORDS KEPT BY A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE CHILD PLACING AGENCY, JUVENILE COURT, OR LAW ENFORCEMENT AGENCY, THEY SHALL NOT BE CONSIDERED TO BE INFORMATION THAT IS SUBJECT TO INSPECTION OR COPYING AS PART OF A public record UNDER SECTION 149.43 of the Revised Code.

(C) Except as provided in division (D) of this section, in THE ABSENCE OF A WAIVER AS DESCRIBED IN DIVISION (B)(1) OF THIS SECTION, NO officer or employee of A public children services agency, private child placing agency, juvenile court, OR LAW ENFORCEMENT AGENCY SHALL DISCLOSE THE RESIDENTIAL ADDRESS OF AN OFFICER OR EMPLOYEE OF A PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD PLACING AGENCY, OR THE RESIDENTIAL ADDRESS OF A PERSON RELATED TO THAT OFFICER OR EMPLOYEE BY CONSANGUINITY OR AFFINITY, THAT IS CONFIDENTIAL INFORMATION UNDER DIVISION (B)(1) OF THIS SECTION to any person, when the disclosing officer or employee knows THAT the PERSON IS OR MAY BE A SUBJECT OF AN INVESTIGATION, INTERVIEW, EXAMINATION, CRIMINAL CASE, OTHER CASE, OR OTHER MATTER WITH WHICH THE OFFICER OR EMPLOYEE to whom the residential address relates CURRENTLY IS OR HAS BEEN ASSOCIATED.

(D) If, on or after the effective date of this SECTION, a journalist requests a public children services agency, private child placing agency, juvenile court, or law enforcement agency to disclose a residential address that is confidential information under division (B)(1) of this section, the agency or juvenile court shall disclose to the journalist the residential address if all of the following apply:

(1) The request is in writing, is signed by the journalist, includes the journalist's name and title, and INCLUDES the name and address of the journalist's employer.

(2) The request states that disclosure of the residential address would be in the public interest.

(3) The request adequately identifies the person whose residential address is requested.

(4) The public children services agency, private child placing agency, juvenile court, or law enforcement agency receiving the request is ONE OF THE FOLLOWING:

(a) the agency or juvenile court with which the official in question serves or with which the employee in question is employed;

(b) the agency or juvenile court that has custody of the records of the agency with which the official in question serves or with which the employee in question is employed.

Sec. 2903.13.  (A) No person shall knowingly cause or attempt to cause physical harm to another or to another's unborn.

(B) No person shall recklessly cause serious physical harm to another or to another's unborn.

(C) Whoever violates this section is guilty of assault. Except as otherwise provided in division (C)(1), (2), or (3), (4), or (5) of this section, assault is a misdemeanor of the first degree.

(1) Except as otherwise provided in this division, if the offense is committed by a caretaker against a functionally impaired person under the caretaker's care, assault is a felony of the fourth degree. If the offense is committed by a caretaker against a functionally impaired person under the caretaker's care, if the offender previously has been convicted of or pleaded guilty to a violation of this section or section 2903.11 or 2903.16 of the Revised Code, and if in relation to the previous conviction the offender was a caretaker and the victim was a functionally impaired person under the offender's care, assault is a felony of the third degree.

(2) If the offense is committed in any of the following circumstances, assault is a felony of the fifth degree:

(a) The offense occurs in or on the grounds of a state correctional institution or an institution of the department of youth services, the victim of the offense is an employee of the department of rehabilitation and correction, the department of youth services, or a probation department or is on the premises of the particular institution for business purposes or as a visitor, and the offense is committed by a person incarcerated in the state correctional institution, by a person institutionalized in the department of youth services institution pursuant to a commitment to the department of youth services, by a probationer or parolee, by an offender under transitional control, under a community control sanction, or on an escorted visit, by a person under post-release control, or by an offender under any other type of supervision by a government agency.

(b) The offense occurs in or on the grounds of a local correctional facility, the victim of the offense is an employee of the local correctional facility or a probation department or is on the premises of the facility for business purposes or as a visitor, and the offense is committed by a person who is under custody in the facility subsequent to the person's arrest for any crime or delinquent act, subsequent to the person's being charged with or convicted of any crime, or subsequent to the person's being alleged to be or adjudicated a delinquent child.

(c) The offense occurs off the grounds of a state correctional institution and off the grounds of an institution of the department of youth services, the victim of the offense is an employee of the department of rehabilitation and correction, the department of youth services, or a probation department, the offense occurs during the employee's official work hours and while the employee is engaged in official work responsibilities, and the offense is committed by a person incarcerated in a state correctional institution or institutionalized in the department of youth services who temporarily is outside of the institution for any purpose, by a probationer or parolee, by an offender under transitional control, under a community control sanction, or on an escorted visit, by a person under post-release control, or by an offender under any other type of supervision by a government agency.

(d) The offense occurs off the grounds of a local correctional facility, the victim of the offense is an employee of the local correctional facility or a probation department, the offense occurs during the employee's official work hours and while the employee is engaged in official work responsibilities, and the offense is committed by a person who is under custody in the facility subsequent to the person's arrest for any crime or delinquent act, subsequent to the person being charged with or convicted of any crime, or subsequent to the person being alleged to be or adjudicated a delinquent child and who temporarily is outside of the facility for any purpose or by a probationer or parolee, by an offender under transitional control, under a community control sanction, or on an escorted visit, by a person under post-release control, or by an offender under any other type of supervision by a government agency.

(e) The victim of the offense is a school teacher or administrator or a school bus operator, and the offense occurs in a school, on school premises, in a school building, on a school bus, or while the victim is outside of school premises or a school bus and is engaged in duties or official responsibilities associated with the victim's employment or position as a school teacher or administrator or a school bus operator, including, but not limited to, driving, accompanying, or chaperoning students at or on class or field trips, athletic events, or other school extracurricular activities or functions outside of school premises.

(3) If the victim of the offense is a peace officer, a firefighter, or a person performing emergency medical service, while in the performance of their official duties, assault is a felony of the fourth degree.

(4) If the victim of the offense is a peace officer and if the victim suffered serious physical harm as a result of the commission of the offense, assault is a felony of the fourth degree, and the court, pursuant to division (F) of section 2929.13 of the Revised Code, shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the fourth degree that is at least twelve months in duration.

(5) If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer's or employee's performance or anticipated performance of official responsibilities or duties, assault is either a felony of the fifth degree or, if the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer's or employee's performance or anticipated performance of official responsibilities or duties, a felony of the fourth degree.

(D) As used in this section:

(a)(1) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code.

(b)(2) "Firefighter" has the same meaning as in section 3937.41 of the Revised Code.

(c)(3) "Emergency medical service" has the same meaning as in section 4765.01 of the Revised Code.

(d)(4) "Local correctional facility" means a county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, a minimum security jail established under section 341.23 or 753.21 of the Revised Code, or another county, multicounty, municipal, municipal-county, or multicounty-municipal facility used for the custody of persons arrested for any crime or delinquent act, persons charged with or convicted of any crime, or persons alleged to be or adjudicated a delinquent child.

(e)(5) "Employee of a local correctional facility" means a person who is an employee of the political subdivision or of one or more of the affiliated political subdivisions that operates the local correctional facility and who operates or assists in the operation of the facility.

(f)(6) "School teacher or administrator" means either of the following:

(i)(a) A person who is employed in the public schools of the state under a contract described in section 3319.08 of the Revised Code in a position in which the person is required to have a certificate issued pursuant to sections 3319.22 to 3319.311 of the Revised Code.

(ii)(b) A person who is employed by a nonpublic school for which the state board of education prescribes minimum standards under section 3301.07 of the Revised Code and who is certificated in accordance with section 3301.071 of the Revised Code.

(g)(7) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code.

(h)(8) "Escorted visit" means an escorted visit granted under section 2967.27 of the Revised Code.

(i)(9) "Post-release control" and "transitional control" have the same meanings as in section 2967.01 of the Revised Code.

Sec. 2903.21.  (A) No person shall knowingly cause another to believe that the offender will cause serious physical harm to the person or property of such the other person, such the other person's unborn, or a member of the other person's immediate family.

(B) Whoever violates this section is guilty of aggravated menacing,. Except as otherwise provided in this division, aggravated menacing is a misdemeanor of the first degree. If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense RELATES TO THE OFFICER'S OR EMPLOYEE'S PERFORMANCE OR ANTICIPATED performance of official responsibilities or duties, aggravated menacing is a felony of the fifth degree OR, if the offender previously HAS BEEN CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE OF VIOLENCE, THE VICTIM OF THAT PRIOR OFFENSE WAS AN OFFICER OR EMPLOYEE OF A PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD PLACING AGENCY, AND THAT PRIOR OFFENSE RELATED TO THE OFFICER'S OR EMPLOYEE'S PERFORMANCE OR ANTICIPATED PERFORMANCE OF OFFICIAL RESPONSIBILITIES OR DUTIES, a felony of the fourth degree.

Sec. 2903.211.  (A) No person by engaging in a pattern of conduct shall knowingly cause another to believe that the offender will cause physical harm to the other person or cause mental distress to the other person.

(B) Whoever violates this section is guilty of menacing by stalking.

(1) Except as otherwise provided in division divisions (B)(2) and (3) of this section, menacing by stalking is a misdemeanor of the first degree.

(2) Menacing by stalking is a felony of the fourth degree if any of the following applies:

(a) The offender previously has been convicted of or pleaded guilty to a violation of this section or a violation of section 2911.211 of the Revised Code.

(b) In committing the offense, the offender made a threat of physical harm to or against the victim.

(c) In committing the offense, the offender trespassed on the land or premises where the victim lives, is employed, or attends school.

(d) The victim of the offense is a minor.

(e) The offender has a history of violence toward the victim or any other person or a history of other violent acts toward the victim or any other person.

(f) While committing the offense, the offender had a deadly weapon on or about the offender's person or under the offender's control.

(g) At the time of the commission of the offense, the offender was the subject of a protection order issued under section 2903.213 or 2903.214 of the Revised Code, regardless of whether the person to be protected under the order is the victim of the offense or another person.

(h) In committing the offense, the offender caused serious physical harm to the premises at which the victim resides, to the real property on which that premises is located, or to any personal property located on that premises.

(i) Prior to committing the offense, the offender had been determined to represent a substantial risk of physical harm to others as manifested by evidence of then-recent homicidal or other violent behavior, evidence of then-recent threats that placed another in reasonable fear of violent behavior and serious physical harm, or other evidence of then-present dangerousness.

(3) If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer's or employee's performance or anticipated performance of official responsibilities or duties, menacing by stalking is either a felony of the fifth degree or, if the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer's or employee's performance or anticipated performance of official responsibilities or duties, a felony of the fourth degree.

(C) Section 2919.271 of the Revised Code applies in relation to a defendant charged with a violation of this section.

(D) As used in this section:

(1) "Pattern of conduct" means two or more actions or incidents closely related in time, whether or not there has been a prior conviction based on any of those actions or incidents. Actions or incidents that prevent, obstruct, or delay the performance by a public official, firefighter, rescuer, or emergency medical services person of any authorized act within the public official's, firefighter's, rescuer's, or emergency medical services person's official capacity may constitute a "pattern of conduct."

(2) "Mental distress" means any mental illness or condition that involves some temporary substantial incapacity or mental illness or condition that would normally require psychiatric treatment.

(3) "Emergency medical services person" is the singular of "emergency medical services personnel" as defined in section 2133.21 of the Revised Code.

(4) "Public official" has the same meaning as in section 2921.01 of the Revised Code.

Sec. 2903.22.  (A) No person shall knowingly cause another to believe that the offender will cause physical harm to the person or property of such the other person, such the other person's unborn, or a member of the other person's immediate family.

(B) Whoever violates this section is guilty of menacing,. Except as otherwise provided in this division, menacing is a misdemeanor of the fourth degree. If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense RELATES TO THE OFFICER'S OR EMPLOYEE'S PERFORMANCE OR ANTICIPATED performance of official responsibilities or duties, menacing is a misdemeanor of the first degree OR, if the offender previously HAS BEEN CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE OF VIOLENCE, THE VICTIM OF THAT PRIOR OFFENSE WAS AN OFFICER OR EMPLOYEE OF A PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD PLACING AGENCY, AND THAT PRIOR OFFENSE RELATED TO THE OFFICER'S OR EMPLOYEE'S PERFORMANCE OR ANTICIPATED PERFORMANCE OF OFFICIAL RESPONSIBILITIES OR DUTIES, a felony of the fourth degree.

Sec. 5153.163.  (A) As used in this section, "adoptive parent" means, as the context requires, a prospective adoptive parent or an adoptive parent.

(B)(1) If a public children services agency considers a child with special needs residing in the county served by the agency to be in need of public care or protective services and all of the following apply, the agency shall enter into an agreement with the child's adoptive parent before the child is adopted under which the agency shall make payments as needed on behalf of the child:

(a) The adoptive parent has the capability of providing the permanent family relationships needed by the child in all areas except financial need as determined by the agency;

(b) The needs of the child are beyond the economic resources of the adoptive parent as determined by the agency;

(c) The agency determines the acceptance of the child as a member of the adoptive parent's family would not be in the child's best interest without payments on the child's behalf under this section.

(2) Payments to an adoptive parent under division (B) of this section shall include medical, surgical, psychiatric, psychological, and counseling expenses, and may include maintenance costs if necessary and other costs incidental to the care of the child. No payment of maintenance costs shall be made under division (B) of this section on behalf of a child if either of the following apply:

(a) The gross income of the adoptive parent's family exceeds one hundred twenty per cent of the median income of a family of the same size, including the child, as most recently determined for this state by the secretary of health and human services under Title XX of the "Social Security Act," 88 Stat. 2337, 42 U.S.C.A. 1397, as amended;

(b) The child is eligible for adoption assistance payments for maintenance costs under Title IV-E of the "Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as amended.

Payments under division (B) of this section may begin either before or after issuance of the final adoption decree, except that payments made before issuance of the final adoption decree may be made only while the child is living in the adoptive parent's home. Preadoption payments may be made for not more than twelve months, unless the final adoption decree is not issued within that time because of a delay in court proceedings. Payments that begin before issuance of the final adoption decree may continue after its issuance.

(C) If a public children services agency considers a child residing in the county served by the agency to be in need of public care or protective services and both of the following apply, the agency may, and to the extent state funds are appropriated for this purpose shall, enter into an agreement with the child's adoptive parent after the child is adopted under which the agency shall make payments on behalf of the child as needed:

(1) The child has a physical or developmental handicap or mental or emotional condition that either:

(a) Existed before the adoption petition was filed;

(b) Developed after the adoption petition was filed and can be attributed to factors in the child's preadoption background, medical history, or biological family's background or medical history.

(2) The agency determines the expenses necessitated by the child's handicap or condition are beyond the adoptive parent's economic resources.

Payments to an adoptive parent under this division shall include medical, surgical, psychiatric, psychological, and counseling expenses, but shall not include maintenance costs including residential treatment.

(D) No payment shall be made under division (B) or (C) of this section on behalf of any person twenty-one years of age or older. Payments under those divisions shall be made in accordance with the terms of the agreement between the public children services agency and the adoptive parent, subject to an annual redetermination of need. The agency may use sources of funding in addition to any state funds appropriated for the purposes of those divisions.

The director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code that are needed to implement this section. The rules shall establish all of the following:

(1) The application process for payments under this section;

(2) The method to determine the amounts and kinds of assistance payable under this section;

(3) The definition of "child with special needs" for this section.

The rules shall allow for payments for children placed by nonpublic agencies.

(E) No public children services agency shall, pursuant to either section 2151.353 or 5103.15 of the Revised Code, place or maintain a child with special needs who is in the permanent custody of an institution or association certified by the department of job and family services under section 5103.03 of the Revised Code in a setting other than with a person seeking to adopt the child, unless the agency has determined and redetermined at intervals of not more than six months the impossibility of adoption by a person listed pursuant to division (B), (C), or (D) of section 5103.154 of the Revised Code, including the impossibility of entering into a payment agreement with such a person. The agency so maintaining such a child shall report its reasons for doing so to the department of job and family services. No agency that fails to so determine, redetermine, and report shall receive more than fifty per cent of the state funds to which it would otherwise be eligible for that part of the fiscal year following placement under section 5101.14 of the Revised Code.

SECTION 2 .  That existing sections 2151.141, 2903.13, 2903.21, 2903.211, 2903.22, and 5153.163 of the Revised Code are hereby repealed.

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