HB 532

As Passed by the House
136th General Assembly
    Regular Session  Sub. H. B. No. 532
        2025-2026
  Representative Miller, K.
 Cosponsors: Representatives Abrams, Bird, Brennan, Daniels, Ghanbari, Grim,
Hall, D., Johnson, Mathews, A., McNally, Miller, J., Odioso, Oelslager, Richardson,
  Robb Blasdel, Rogers, Sigrist, Thomas, C., Williams, Young
  To amend sections 2151.27, 2151.31, 2151.419,  1
  2152.72, 3109.58, and 3109.68 of the Revised  2
  Code to require a public children services  3
  agency to take immediate custody of specified  4
  children who cannot be released to a parent,  5
  guardian, or custodian.  6
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
      Section 1. That sections 2151.27, 2151.31, 2151.419,  7
2152.72, 3109.58, and 3109.68 of the Revised Code be amended to  8
read as follows:  9
      Sec. 2151.27. (A)(1) Subject to division (A)(2) of this  10
section, any person having knowledge of a child who appears to  11
have violated section 2151.87 of the Revised Code or to be a  12
juvenile traffic offender or to be an unruly, abused, neglected,  13
or dependent child may file a sworn complaint with respect to  14
that child in the juvenile court of the county in which the  15
child has a residence or legal settlement or in which the  16
violation, unruliness, abuse, neglect, or dependency allegedly  17
occurred. If an alleged abused, neglected, or dependent child is  18
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As Passed by the House
taken into custody pursuant to division (D)(E) of section  19
2151.31 of the Revised Code or is taken into custody pursuant to  20
division (A) of section 2151.31 of the Revised Code without the  21
filing of a complaint and placed into shelter care pursuant to  22
division (C) of that section, a sworn complaint shall be filed  23
with respect to the child before the end of the next day after  24
the day on which the child was taken into custody. The sworn  25
complaint may be upon information and belief, and, in addition  26
to the allegation that the child committed the violation or is  27
an unruly, abused, neglected, or dependent child, the complaint  28
shall allege the particular facts upon which the allegation that  29
the child committed the violation or is an unruly, abused,  30
neglected, or dependent child is based.  31
       (2) Any person having knowledge of a child who appears to  32
be an unruly child for being an habitual truant may file a sworn  33
complaint with respect to that child and the parent, guardian,  34
or other person having care of the child in the juvenile court  35
of the county in which the child has a residence or legal  36
settlement or in which the child is supposed to attend public  37
school. The sworn complaint may be upon information and belief  38
and shall contain the following allegations:  39
       (a) That the child is an unruly child for being an  40
habitual truant and, in addition, the particular facts upon  41
which that allegation is based;  42
       (b) That the parent, guardian, or other person having care  43
of the child has failed to cause the child's attendance at  44
school in violation of section 3321.38 of the Revised Code and,  45
in addition, the particular facts upon which that allegation is  46
based.  47
       (B) If a child, before arriving at the age of eighteen  48
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As Passed by the House
years, allegedly commits an act for which the child may be  49
adjudicated an unruly child and if the specific complaint  50
alleging the act is not filed or a hearing on that specific  51
complaint is not held until after the child arrives at the age  52
of eighteen years, the court has jurisdiction to hear and  53
dispose of the complaint as if the complaint were filed and the  54
hearing held before the child arrived at the age of eighteen  55
years.  56
       (C) If the complainant in a case in which a child is  57
alleged to be an abused, neglected, or dependent child desires  58
permanent custody of the child or children, temporary custody of  59
the child or children, whether as the preferred or an  60
alternative disposition, or the placement of the child in a  61
planned permanent living arrangement, the complaint shall  62
contain a prayer specifically requesting permanent custody,  63
temporary custody, or the placement of the child in a planned  64
permanent living arrangement.  65
       (D) Any person with standing under applicable law may file  66
a complaint for the determination of any other matter over which  67
the juvenile court is given jurisdiction by section 2151.23 of  68
the Revised Code. The complaint shall be filed in the county in  69
which the child who is the subject of the complaint is found or  70
was last known to be found.  71
       (E) A public children services agency, acting pursuant to  72
a complaint or an action on a complaint filed under this  73
section, is not subject to the requirements of section 3127.23  74
of the Revised Code.  75
       (F) Upon the filing of a complaint alleging that a child  76
is an unruly child, the court may hold the complaint in abeyance  77
pending the child's successful completion of actions that  78
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constitute a method to divert the child from the juvenile court  79
system. The method may be adopted by a county pursuant to  80
divisions (D) and (E) of section 121.37 of the Revised Code or  81
it may be another method that the court considers satisfactory.  82
If the child completes the actions to the court's satisfaction,  83
the court may dismiss the complaint. If the child fails to  84
complete the actions to the court's satisfaction, the court may  85
consider the complaint.  86
       (G) Upon the filing of a complaint that a child is an  87
unruly child that is based solely on a child being an habitual  88
truant, the court shall consider an alternative to adjudication,  89
including actions that constitute a method to divert the child  90
from the juvenile court system, using the Rules of Juvenile  91
Procedure, or by any other means if such an alternative is  92
available to the court and the child has not already  93
participated or failed to complete one of the available  94
alternatives. The court shall consider the complaint only as a  95
matter of last resort.  96
       (H) If a complaint that a child is an unruly child based  97
on the child being an habitual truant proceeds to consideration  98
by the court, the prosecution shall bear the burden of proving  99
beyond a reasonable doubt the following:  100
       (1) That the child is of compulsory school age, as defined  101
in section 3321.01 of the Revised Code;  102
       (2) That the child was absent without legitimate excuse  103
for absence from the public school the child was supposed to  104
attend for thirty or more consecutive hours, forty-two or more  105
hours in one school month, or seventy-two or more hours in a  106
school year.  107
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As Passed by the House
       The child may assert as an affirmative defense the fact  108
that the child did participate in, or made satisfactory progress  109
on, any interventions or other alternatives to adjudication as  110
described in section 3321.191 of the Revised Code.  111
       Sec. 2151.31. (A) A child may be taken into custody in any  112
of the following ways:  113
       (1) Pursuant to an order of the court under this chapter  114
or pursuant to an order of the court upon a motion filed  115
pursuant to division (B) of section 2930.05 of the Revised Code;  116
       (2) Pursuant to the laws of arrest;  117
       (3) By a law enforcement officer or duly authorized  118
officer of the court when any of the following conditions are  119
present:  120
       (a) There are reasonable grounds to believe that the child  121
is suffering from illness or injury and is not receiving proper  122
care, as described in section 2151.03 of the Revised Code, and  123
the child's removal is necessary to prevent immediate or  124
threatened physical or emotional harm;  125
       (b) There are reasonable grounds to believe that the child  126
is in immediate danger from the child's surroundings and that  127
the child's removal is necessary to prevent immediate or  128
threatened physical or emotional harm;  129
       (c) There are reasonable grounds to believe that a parent,  130
guardian, custodian, or other household member of the child's  131
household has abused or neglected another child in the household  132
and to believe that the child is in danger of immediate or  133
threatened physical or emotional harm from that person.  134
       (4) By an enforcement official, as defined in section  135
Sub. H. B. No. 532  Page 6
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4109.01 of the Revised Code, under the circumstances set forth  136
in section 4109.08 of the Revised Code;  137
       (5) By a law enforcement officer or duly authorized  138
officer of the court when there are reasonable grounds to  139
believe that the child has run away from the child's parents,  140
guardian, or other custodian;  141
       (6) By a law enforcement officer or duly authorized  142
officer of the court when any of the following apply:  143
       (a) There are reasonable grounds to believe that the  144
conduct, conditions, or surroundings of the child are  145
endangering the health, welfare, or safety of the child.  146
       (b) A complaint has been filed with respect to the child  147
under section 2151.27 or 2152.021 of the Revised Code or the  148
child has been indicted under division (A) of section 2152.13 of  149
the Revised Code or charged by information as described in that  150
section and there are reasonable grounds to believe that the  151
child may abscond or be removed from the jurisdiction of the  152
court.  153
       (c) The child is required to appear in court and there are  154
reasonable grounds to believe that the child will not be brought  155
before the court when required.  156
       (d) There are reasonable grounds to believe that the child  157
committed a delinquent act and that taking the child into  158
custody is necessary to protect the public interest and safety.  159
       (B)(1) The taking of a child into custody is not and shall  160
not be deemed an arrest except for the purpose of determining  161
its validity under the constitution of this state or of the  162
United States.  163
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        (2) Except as provided in division (C) of section 2151.311  164
of the Revised Code, a child taken into custody shall not be  165
held in any state correctional institution, county, multicounty,  166
or municipal jail or workhouse, or any other place where any  167
adult convicted of crime, under arrest, or charged with crime is  168
held.  169
        (C)(1) Except as provided in division (C)(2) of this  170
section, a child taken into custody shall not be confined in a  171
place of juvenile detention or placed in shelter care prior to  172
the implementation of the court's final order of disposition,  173
unless detention or shelter care is required to protect the  174
child from immediate or threatened physical or emotional harm,  175
because the child is a danger or threat to one or more other  176
persons and is charged with violating a section of the Revised  177
Code that may be violated by an adult, because the child may  178
abscond or be removed from the jurisdiction of the court,  179
because the child has no parents, guardian, or custodian or  180
other person able to provide supervision and care for the child  181
and return the child to the court when required, or because an  182
order for placement of the child in detention or shelter care  183
has been made by the court pursuant to this chapter.  184
        (2) A child alleged to be a delinquent child who is taken  185
into custody may be confined in a place of juvenile detention  186
prior to the implementation of the court's final order of  187
disposition if the confinement is authorized under section  188
2152.04 of the Revised Code or if the child is alleged to be a  189
serious youthful offender under section 2152.13 of the Revised  190
Code and is not released on bond.  191
        (D) (D)(1) If a child is taken into custody under this  192
section and the child cannot be released to a parent, guardian,  193
Sub. H. B. No. 532  Page 8
As Passed by the House
or custodian, the court officer or law enforcement officer shall  194
immediately notify the public children services agency of the  195
county in which the child is taken into custody, unless the  196
child is taken into custody under one of the following  197
circumstances:  198
       (a) Pursuant to an order of the court upon a motion filed  199
pursuant to division (B) of section 2930.05 of the Revised Code;  200
       (b) Pursuant to the laws of arrest;  201
       (c) The circumstances set forth in section 4109.08 of the  202
Revised Code;  203
       (d) When a complaint has been filed with respect to the  204
child under section 2152.021 of the Revised Code or the child  205
has been indicted under division (A) of section 2152.13 of the  206
Revised Code or charged by information as described in that  207
section and there are reasonable grounds to believe that the  208
child may abscond or be removed from the jurisdiction of the  209
court;  210
       (e) When there are reasonable grounds to believe that the  211
child committed a delinquent act and that taking the child into  212
custody is necessary to protect the public interest and safety.  213
       (2) Upon receiving notice under division (D)(1) of this  214
section, the public children services agency shall take  215
immediate temporary emergency care of the child. If the child is  216
taken into temporary emergency care in a county other than the  217
county in which the child resides, the public children services  218
agency shall provide temporary emergency care of the child until  219
the child is able to be released to an appropriate caregiver or  220
to the public children services agency of the county in which  221
the child resides.  222
Sub. H. B. No. 532  Page 9
As Passed by the House
       (E) Upon receipt of notice from a person that the person  223
intends to take an alleged abused, neglected, or dependent child  224
into custody pursuant to division (A)(3) of this section, a  225
juvenile judge or a designated referee may grant by telephone an  226
ex parte emergency order authorizing the taking of the child  227
into custody if there is probable cause to believe that any of  228
the conditions set forth in divisions (A)(3)(a) to (c) of this  229
section are present. The judge or referee shall journalize any  230
ex parte emergency order issued pursuant to this division. If an  231
order is issued pursuant to this division and the child is taken  232
into custody pursuant to the order, a sworn complaint shall be  233
filed with respect to the child before the end of the next  234
business day after the day on which the child is taken into  235
custody and a hearing shall be held pursuant to division (E)(F)  236
of this section and the Juvenile Rules. A juvenile judge or  237
referee shall not grant an emergency order by telephone pursuant  238
to this division until after the judge or referee determines  239
that reasonable efforts have been made to notify the parents,  240
guardian, or custodian of the child that the child may be placed  241
into shelter care and of the reasons for placing the child into  242
shelter care, except that, if the requirement for notification  243
would jeopardize the physical or emotional safety of the child  244
or result in the child being removed from the court's  245
jurisdiction, the judge or referee may issue the order for  246
taking the child into custody and placing the child into shelter  247
care prior to giving notice to the parents, guardian, or  248
custodian of the child.  249
       (E)(F) If a judge or referee pursuant to division (D)(E)  250
of this section issues an ex parte emergency order for taking a  251
child into custody, the court shall hold a hearing to determine  252
whether there is probable cause for the emergency order. The  253
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As Passed by the House
hearing shall be held before the end of the next business day  254
after the day on which the emergency order is issued, except  255
that it shall not be held later than seventy-two hours after the  256
emergency order is issued.  257
        If the court determines at the hearing that there is not  258
probable cause for the issuance of the emergency order issued  259
pursuant to division (D)(E) of this section, it shall order the  260
child released to the custody of the child's parents, guardian,  261
or custodian. If the court determines at the hearing that there  262
is probable cause for the issuance of the emergency order issued  263
pursuant to division (D)(E) of this section, the court shall do  264
all of the following:  265
        (1) Ensure that a complaint is filed or has been filed;  266
        (2) Comply with section 2151.419 of the Revised Code;  267
        (3) Hold a hearing pursuant to section 2151.314 of the  268
Revised Code to determine if the child should remain in shelter  269
care.  270
        (F)(G) If the court determines at the hearing held  271
pursuant to division (E)(F) of this section that there is  272
probable cause to believe that the child is an abused child, as  273
defined in division (A) of section 2151.031 of the Revised Code,  274
the court may do any of the following:  275
        (1) Upon the motion of any party, the guardian ad litem,  276
the prosecuting attorney, or an employee of the public children  277
services agency, or its own motion, issue reasonable protective  278
orders with respect to the interviewing or deposition of the  279
child;  280
        (2) Order that the child's testimony be videotaped for  281
preservation of the testimony for possible use in any other  282
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As Passed by the House
proceedings in the case;  283
       (3) Set any additional conditions with respect to the  284
child or the case involving the child that are in the best  285
interest of the child.  286
       (G)(H) This section is not intended, and shall not be  287
construed, to prevent any person from taking a child into  288
custody, if taking the child into custody is necessary in an  289
emergency to prevent the physical injury, emotional harm, or  290
neglect of the child.  291
       Sec. 2151.419. (A)(1) Except as provided in division (A)  292
(2) of this section, at any hearing held pursuant to section  293
2151.28, division (E)(F) of section 2151.31, or section  294
2151.314, 2151.33, or 2151.353 of the Revised Code at which the  295
court removes a child from the child's home or continues the  296
removal of a child from the child's home, the court shall  297
determine whether the public children services agency or private  298
child placing agency that filed the complaint in the case,  299
removed the child from home, has custody of the child, or will  300
be given custody of the child has made reasonable efforts to  301
prevent the removal of the child from the child's home, to  302
eliminate the continued removal of the child from the child's  303
home, or to make it possible for the child to return safely  304
home. The agency shall have the burden of proving that it has  305
made those reasonable efforts. If the agency removed the child  306
from home during an emergency in which the child could not  307
safely remain at home and the agency did not have prior contact  308
with the child, the court is not prohibited, solely because the  309
agency did not make reasonable efforts during the emergency to  310
prevent the removal of the child, from determining that the  311
agency made those reasonable efforts. In determining whether  312
Sub. H. B. No. 532  Page 12
As Passed by the House
reasonable efforts were made, the child's health and safety  313
shall be paramount.  314
       (2) If any of the following apply, the court shall make a  315
determination that the agency is not required to make reasonable  316
efforts to prevent the removal of the child from the child's  317
home, eliminate the continued removal of the child from the  318
child's home, and return the child to the child's home:  319
       (a) The parent from whom the child was removed has been  320
convicted of or pleaded guilty to one of the following:  321
       (i) An offense under section 2903.01, 2903.02, or 2903.03  322
of the Revised Code or under an existing or former law of this  323
state, any other state, or the United States that is  324
substantially equivalent to an offense described in those  325
sections and the victim of the offense was a sibling of the  326
child or the victim was another child who lived in the parent's  327
household at the time of the offense;  328
       (ii) An offense under section 2903.11, 2903.12, or 2903.13  329
of the Revised Code or under an existing or former law of this  330
state, any other state, or the United States that is  331
substantially equivalent to an offense described in those  332
sections and the victim of the offense is the child, a sibling  333
of the child, or another child who lived in the parent's  334
household at the time of the offense;  335
       (iii) An offense under division (B)(2) of section 2919.22  336
of the Revised Code or under an existing or former law of this  337
state, any other state, or the United States that is  338
substantially equivalent to the offense described in that  339
section and the child, a sibling of the child, or another child  340
who lived in the parent's household at the time of the offense  341
Sub. H. B. No. 532  Page 13
As Passed by the House
is the victim of the offense;  342
       (iv) An offense under section 2907.02, 2907.03, 2907.04,  343
2907.05, or 2907.06 of the Revised Code or under an existing or  344
former law of this state, any other state, or the United States  345
that is substantially equivalent to an offense described in  346
those sections and the victim of the offense is the child, a  347
sibling of the child, or another child who lived in the parent's  348
household at the time of the offense;  349
       (v) An offense under section 2905.32, 2907.21, or 2907.22  350
of the Revised Code or under an existing or former law of this  351
state, any other state, or the United States that is  352
substantially equivalent to the offense described in those  353
sections and the victim of the offense is the child, a sibling  354
of the child, or another child who lived in the parent's  355
household at the time of the offense;  356
       (vi) A conspiracy or attempt to commit, or complicity in  357
committing, an offense described in division (A)(2)(a)(i), (iv),  358
or (v) of this section.  359
       (b) The parent from whom the child was removed has  360
repeatedly withheld medical treatment or food from the child  361
when the parent has the means to provide the treatment or food.  362
If the parent has withheld medical treatment in order to treat  363
the physical or mental illness or defect of the child by  364
spiritual means through prayer alone, in accordance with the  365
tenets of a recognized religious body, the court or agency shall  366
comply with the requirements of division (A)(1) of this section.  367
       (c) The parent from whom the child was removed has placed  368
the child at substantial risk of harm two or more times due to  369
alcohol or drug abuse and has rejected treatment two or more  370
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As Passed by the House
times or refused to participate in further treatment two or more  371
times after a case plan issued pursuant to section 2151.412 of  372
the Revised Code requiring treatment of the parent was  373
journalized as part of a dispositional order issued with respect  374
to the child or an order was issued by any other court requiring  375
such treatment of the parent.  376
       (d) The parent from whom the child was removed has  377
abandoned the child.  378
       (e) The parent from whom the child was removed has had  379
parental rights involuntarily terminated with respect to a  380
sibling of the child pursuant to section 2151.353, 2151.414, or  381
2151.415 of the Revised Code or under an existing or former law  382
of this state, any other state, or the United States that is  383
substantially equivalent to those sections.  384
       (3) At any hearing in which the court determines whether  385
to return a child to the child's home, the court may issue an  386
order that returns the child in situations in which the  387
conditions described in divisions (A)(2)(a) to (e) of this  388
section are present.  389
       (B)(1) A court that is required to make a determination as  390
described in division (A)(1) or (2) of this section shall issue  391
written findings of fact setting forth the reasons supporting  392
its determination. If the court makes a written determination  393
under division (A)(1) of this section, it shall briefly describe  394
in the findings of fact the relevant services provided by the  395
agency to the family of the child and why those services did not  396
prevent the removal of the child from the child's home or enable  397
the child to return safely home.  398
       (2) If a court issues an order that returns the child to  399
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As Passed by the House
the child's home in situations in which division (A)(2)(a), (b),  400
(c), (d), or (e) of this section applies, the court shall issue  401
written findings of fact setting forth the reasons supporting  402
its determination.  403
       (C) If the court makes a determination pursuant to  404
division (A)(2) of this section, the court shall conduct a  405
review hearing pursuant to section 2151.417 of the Revised Code  406
to approve a permanency plan with respect to the child, unless  407
the court issues an order returning the child home pursuant to  408
division (A)(3) of this section. The hearing to approve the  409
permanency plan may be held immediately following the court's  410
determination pursuant to division (A)(2) of this section and  411
shall be held no later than thirty days following that  412
determination.  413
       Sec. 2152.72. (A) This section applies only to a child who  414
is or previously has been adjudicated a delinquent child for an  415
act to which any of the following applies:  416
       (1) The act is a violation of section 2903.01, 2903.02,  417
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2907.02, 2907.03,  418
or 2907.05 of the Revised Code.  419
       (2) The act is a violation of section 2923.01 of the  420
Revised Code and involved an attempt to commit aggravated murder  421
or murder.  422
       (3) The act would be a felony if committed by an adult,  423
and the court determined that the child, if an adult, would be  424
guilty of a specification found in section 2941.141, 2941.144,  425
or 2941.145 of the Revised Code or in another section of the  426
Revised Code that relates to the possession or use of a firearm  427
during the commission of the act for which the child was  428
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As Passed by the House
adjudicated a delinquent child.  429
       (4) The act would be an offense of violence that is a  430
felony if committed by an adult, and the court determined that  431
the child, if an adult, would be guilty of a specification found  432
in section 2941.1411 of the Revised Code or in another section  433
of the Revised Code that relates to the wearing or carrying of  434
body armor during the commission of the act for which the child  435
was adjudicated a delinquent child.  436
       (B)(1) Except as provided in division (E) of this section,  437
a public children services agency, private child placing agency,  438
private noncustodial agency, or court, the department of youth  439
services, or another private or government entity shall not  440
place a child in a certified foster home or for adoption until  441
it provides the foster caregivers or prospective adoptive  442
parents with all of the following:  443
       (a) A written report describing the child's social  444
history;  445
       (b) A written report describing all the acts committed by  446
the child the entity knows of that resulted in the child being  447
adjudicated a delinquent child and the disposition made by the  448
court, unless the records pertaining to the acts have been  449
sealed pursuant to section 2151.356 of the Revised Code;  450
       (c) A written report describing any other violent act  451
committed by the child of which the entity is aware;  452
       (d) The substantial and material conclusions and  453
recommendations of any psychiatric or psychological examination  454
conducted on the child or, if no psychological or psychiatric  455
examination of the child is available, the substantial and  456
material conclusions and recommendations of an examination to  457
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As Passed by the House
detect mental and emotional disorders conducted in compliance  458
with the requirements of Chapter 4757. of the Revised Code by an  459
independent social worker, social worker, licensed professional  460
clinical counselor, licensed professional counselor, independent  461
marriage and family therapist, or marriage and family therapist  462
licensed under that chapter. The entity shall not provide any  463
part of a psychological, psychiatric, or mental and emotional  464
disorder examination to the foster caregivers or prospective  465
adoptive parents other than the substantial and material  466
conclusions.  467
       (2) Notwithstanding sections 2151.356 to 2151.358 of the  468
Revised Code, if records of an adjudication that a child is a  469
delinquent child have been sealed pursuant to those sections and  470
an entity knows the records have been sealed, the entity shall  471
provide the foster caregivers or prospective adoptive parents a  472
written statement that the records of a prior adjudication have  473
been sealed.  474
       (C)(1) The entity that places the child in a certified  475
foster home or for adoption shall conduct a psychological  476
examination of the child unless either of the following applies:  477
       (a) An entity is not required to conduct the examination  478
if an examination was conducted no more than one year prior to  479
the child's placement, and division (C)(1)(b) of this section  480
does not apply.  481
       (b) An entity is not required to conduct the examination  482
if a foster caregiver seeks to adopt the foster caregiver's  483
foster child, and an examination was conducted no more than two  484
years prior to the date the foster caregiver seeks to adopt the  485
child.  486
Sub. H. B. No. 532  Page 18
As Passed by the House
       (2) No later than sixty days after placing the child, the  487
entity shall provide the foster caregiver or prospective  488
adoptive parents a written report detailing the substantial and  489
material conclusions and recommendations of the examination  490
conducted pursuant to this division.  491
       (D)(1) Except as provided in divisions (D)(2) and (3) of  492
this section, the expenses of conducting the examinations and  493
preparing the reports and assessment required by division (B) or  494
(C) of this section shall be paid by the entity that places the  495
child in the certified foster home or for adoption.  496
       (2) When a juvenile court grants temporary or permanent  497
custody of a child pursuant to any section of the Revised Code,  498
including section 2151.33, 2151.353, 2151.354, or 2152.19 of the  499
Revised Code, to a public children services agency or private  500
child placing agency, the court shall provide the agency the  501
information described in division (B) of this section, pay the  502
expenses of preparing that information, and, if a new  503
examination is required to be conducted, pay the expenses of  504
conducting the examination described in division (C) of this  505
section. On receipt of the information described in division (B)  506
of this section, the agency shall provide to the court written  507
acknowledgment that the agency received the information. The  508
court shall keep the acknowledgment and provide a copy to the  509
agency. On the motion of the agency, the court may terminate the  510
order granting temporary or permanent custody of the child to  511
that agency, if the court does not provide the information  512
described in division (B) of this section.  513
       (3) If one of the following entities is placing a child in  514
a certified foster home or for adoption with the assistance of  515
or by contracting with a public children services agency,  516
Sub. H. B. No. 532  Page 19
As Passed by the House
private child placing agency, or a private noncustodial agency,  517
the entity shall provide the agency with the information  518
described in division (B) of this section, pay the expenses of  519
preparing that information, and, if a new examination is  520
required to be conducted, pay the expenses of conducting the  521
examination described in division (C) of this section:  522
        (a) The department of youth services if the placement is  523
pursuant to any section of the Revised Code including section  524
2152.22, 5139.06, 5139.07, 5139.38, or 5139.39 of the Revised  525
Code;  526
        (b) A juvenile court with temporary or permanent custody  527
of a child pursuant to section 2151.354 or 2152.19 of the  528
Revised Code;  529
        (c) A public children services agency or private child  530
placing agency with temporary or permanent custody of the child.  531
        The agency receiving the information described in division  532
(B) of this section shall provide the entity described in  533
divisions (D)(3)(a) to (c) of this section that sent the  534
information written acknowledgment that the agency received the  535
information and provided it to the foster caregivers or  536
prospective adoptive parents. The entity shall keep the  537
acknowledgment and provide a copy to the agency. An entity that  538
places a child in a certified foster home or for adoption with  539
the assistance of or by contracting with an agency remains  540
responsible to provide the information described in division (B)  541
of this section to the foster caregivers or prospective adoptive  542
parents unless the entity receives written acknowledgment that  543
the agency provided the information.  544
        (E) If a child is placed in a certified foster home as a  545
Sub. H. B. No. 532  Page 20
As Passed by the House
result of an emergency removal of the child from home pursuant  546
to division (D)(E) of section 2151.31 of the Revised Code, an  547
emergency change in the child's case plan pursuant to division  548
(F)(3) of section 2151.412 of the Revised Code, or an emergency  549
placement by the department of youth services pursuant to this  550
chapter or Chapter 5139. of the Revised Code, the entity that  551
places the child in the certified foster home shall provide the  552
information described in division (B) of this section no later  553
than ninety-six hours after the child is placed in the certified  554
foster home.  555
       (F) On receipt of the information described in divisions  556
(B) and (C) of this section, the foster caregiver or prospective  557
adoptive parents shall provide to the entity that places the  558
child in the foster caregiver's or prospective adoptive parents'  559
home a written acknowledgment that the foster caregiver or  560
prospective adoptive parents received the information. The  561
entity shall keep the acknowledgment and provide a copy to the  562
foster caregiver or prospective adoptive parents.  563
       (G) No person employed by an entity subject to this  564
section and made responsible by that entity for the child's  565
placement in a certified foster home or for adoption shall fail  566
to provide the foster caregivers or prospective adoptive parents  567
with the information required by divisions (B) and (C) of this  568
section.  569
       (H) It is not a violation of any duty of confidentiality  570
provided for in the Revised Code or a code of professional  571
responsibility for a person or government entity to provide the  572
substantial and material conclusions and recommendations of a  573
psychiatric or psychological examination, or an examination to  574
detect mental and emotional disorders, in accordance with  575
Sub. H. B. No. 532  Page 21
As Passed by the House
division (B)(1)(d) or (C) of this section.  576
        (I) As used in this section:  577
        (1) "Body armor" has the same meaning as in section  578
2941.1411 of the Revised Code.  579
        (2) "Firearm" has the same meaning as in section 2923.11  580
of the Revised Code.  581
        Sec. 3109.58. (A) As used in this section, "temporary  582
custody," "permanent custody," and "planned permanent living  583
arrangement" have the same meanings as in section 2151.011 of  584
the Revised Code.  585
        (B) A power of attorney created pursuant to section  586
3109.52 of the Revised Code may not be executed with respect to  587
a child while any of the following proceedings are pending  588
regarding the child:  589
        (1) A proceeding for the appointment of a guardian for, or  590
the adoption of, the child;  591
        (2) A juvenile proceeding in which one of the following  592
applies:  593
        (a) The temporary, permanent, or legal custody of the  594
child or the placement of the child in a planned permanent  595
living arrangement has been requested.  596
        (b) The child is the subject of an ex parte emergency  597
custody order issued under division (D)(E) of section 2151.31 of  598
the Revised Code, and no hearing has yet been held regarding the  599
child under division (A) of section 2151.314 of the Revised  600
Code.  601
        (c) The child is the subject of a temporary custody order  602
Sub. H. B. No. 532  Page 22
As Passed by the House
issued under section 2151.33 of the Revised Code.  603
        (3) A proceeding for divorce, dissolution, legal  604
separation, annulment, or allocation of parental rights and  605
responsibilities regarding the child.  606
        Sec. 3109.68. (A) As used in this section, "temporary  607
custody," "permanent custody," and "planned permanent living  608
arrangement" have the same meanings as in section 2151.011 of  609
the Revised Code.  610
        (B) A caretaker authorization affidavit may not be  611
executed with respect to a child while any of the following  612
proceedings are pending regarding the child:  613
        (1) A proceeding for the appointment of a guardian for, or  614
the adoption of, the child;  615
        (2) A juvenile proceeding in which one of the following  616
applies:  617
        (a) The temporary, permanent, or legal custody of the  618
child or the placement of the child in a planned permanent  619
living arrangement has been requested.  620
        (b) The child is the subject of an ex parte emergency  621
custody order issued under division (D)(E) of section 2151.31 of  622
the Revised Code, and no hearing has yet been held regarding the  623
child under division (A) of section 2151.314 of the Revised  624
Code.  625
        (c) The child is the subject of a temporary custody order  626
issued under section 2151.33 of the Revised Code.  627
        (3) A proceeding for divorce, dissolution, legal  628
separation, annulment, or allocation of parental rights and  629
responsibilities regarding the child.  630
Sub. H. B. No. 532  Page 23
As Passed by the House
       Section 2. That existing sections 2151.27, 2151.31,  631
2151.419, 2152.72, 3109.58, and 3109.68 of the Revised Code are  632
hereby repealed.  633