THE 126th OHIO GENERAL ASSEMBLY

SUMMARY OF PENDING CHILD WELFARE LEGISLATION

(As of April 26, 2006)

 

 

HOUSE BILLS

 

HB 66
BIENNIAL BUDGE
 (Calvert, C. – R)

 

Introduced to House: February 15, 2005
Assigned to Finance and Appropriations (Calvert)
Introduced to Senate: 
April 13, 2005
Assigned to Finance and Financial Institutions (Carey)
SIGNED BY GOVERNOR; Effective:
July 1, 2005

This bill makes operating appropriations for the biennium beginning July 1, 2005 and ending June 30, 2007.  PCSAO congratulates and thanks its members and community partners on a job well done in proactively advocating for and obtaining funds and policies in the state’s 2006-2007 Biennial Budget.  We celebrate our accomplishments:

·  Kinship Permanency Incentive Program - this new program, funded at $10 M / year TANF funds supports low income families that have received court ordered custody of the children in their homes and launched January 1, 2006. 

·  Access to Better Care (ABC) - The 2006-07 Biennial Budget included $12 M in new state funds, coupled with a variety of other federal and state funds, to improve the mental health and drug and alcohol treatment services to children, youth and their families. ABC focuses on Prevention, Early Intervention and Treatment services, all with a focus on serving kids in and with their families, and maintaining children in the community.

Other accomplishments in the budget include:

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Maintaining state funding levels of the Child Protection Allocation and Adoption Assistance subsidies for Ohio ’s families.

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Restoring Local Government Funding to 2005 levels.

 

Obtaining a commitment from Senate and House leadership, Governor and Lieutenant Governor to form a Tax Reform Impact Study Committee.

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Creation of a new DA Medical Assistance program.

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increasing subsidized Child Care eligibility and provider reimbursement rates.

 

 

 

 

 

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Link to HB 66: http://www.legislature.state.oh.us/bills.cfm?ID=126_HB_66 

 

 

 

 

HB 79
EDUCATOR LICENSE 
(Raga,
T. – R) 

 

Introduced to House: February 23, 2005
Assigned to Education Committee (Setzer)
Introduced to Senate: 
June 15, 2005
Assigned to Education Committee (Padgett)
June 15, 2005: Sub-Bill passed House
October 26, 2005
: Amended Sub-Bill passed Senate
November 16, 2005: House refused to concur with revisions
Current status: Waiting for House Conference Committee

This bill requires that information about professional misconduct or child abuse or neglect committed by a person licensed by the State Board of Education be submitted to the Superintendent of Public Instruction and requires the State Board to request a criminal records check prior to renewing an educator license.

PCSAO worked with Rep. Raga’s office and other interested parties on amendment language for the bill as it went to the Senate.  The language was accepted by the Senate education committee.  PCSAO testified in support of the bill 10/18/05.

 

 

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Link to HB 79: http://www.legislature.state.oh.us/bills.cfm?ID=126_HB_79 

 

 

 

 

 

HB 178
CHILD CARE / CUSTODY (Reidelbach, L. – R)
 

 

Introduced to House: April 6, 2005
Assigned to Juvenile & Family Law Committee (Gilb)
Second Hearing Held: 
May 11, 2005
Current status: No hearings on the bill since May 2005  

This bill expands the class of persons who may execute a caretaker authorization affidavit or be designated as attorney in fact under a power of attorney for the purposes of exercising authority over the care, custody, and control of a child.  

Since this concept was what PCSAO supported in HB 130, we support this in concept, but recognize that the courts may be resistant.  The Legislative Committee reaffirmed looking at the impact of HB 130.  PCSAO offered supportive testimony on May 11, 2005 and supports the Research Consortium to Improve Child Welfare as it conducts an evaluation of HB 130 to be completed by Wright State University .

 

 

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Link to HB 178: http://www.legislature.state.oh.us/bills.cfm?ID=126_HB_178

 

 

 

 

 

 

 

 

 

HB 180
MENTAL HEALTH PARITY 
(Peterson, J. – R)
(Companion Bill – SB 116)

 

Introduced to House: April 14, 2005
Assigned to House Insurance (G. Smith)
First Hearing Held: 
May 31, 2005
Current status: No hearings on the bill since May 2005

This bill prohibits, subject to certain exceptions, discrimination in group care policies, contracts, and agreements in the coverage provided for the diagnosis, care, and treatment of biologically based mental illness.

PCSAO supports this legislation that would prevent insurance companies from discriminating against biologically based mental illnesses.  Under the proposed Mental Health Parity legislation, health insurance coverage for severe mental illnesses would not cost the consumer more than coverage for other medical services.  On November 29, 2005, PCSAO joined Executive Directors of over 65 Alcohol, Drug Addiction and Mental Health Boards and Public Children Services Agencies in Columbus with a stack of local resolutions all with the same message, “Pass Mental Health Parity Legislation.”  Gov. Taft continues to resist any mandates on insurance companies and Sen. President Harris is concerned about additional costs to employers through mandates.  Hannah Report (12/1/05) cites Harris and Sen. Hottinger making progress on SB 116 (companion bill to HB 180) with proponents and opponents of the bill and it “may pop to the surface…, given the advances in knowledge and treatment.”

 

 

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Link to HB 180: http://www.legislature.state.oh.us/bills.cfm?ID=126_HB_180

 

 

 

HB 250
SPECIAL TAXING DISTRICTS 
(Trakas, J. – R)

 

Introduced to House: May 10, 2005
Assigned to House Finance and Appropriations Committee (Calvert)
Substitute Bill Accepted:
December 14, 2005
Fifth Hearing Held: January 11, 2006  

This bill authorizes two or more school boards to create a taxing district for the joint funding of behavioral health, autism, and related services to students.  

PCSAO supports the funding of substance abuse and intervention services, behavioral health services, and autism services; but opposes HB 250 and the creation of “special” taxing districts that would:

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 undercut the existing levy system,

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complicate the tax system, and

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 take control and power away from elected, public officials giving it to unelected persons to put tax increases on the ballot

 

 

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Link to HB 250: http://www.legislature.state.oh.us/bills.cfm?ID=126_HB_250

 

 

 

 

 

 

HB 289
FAMILY AND CHILDREN FIRST COUNCILS (White, J. – R)

 

Introduced to House: June 2, 2005
Assigned to House Health (White)
Substitute Bill Accepted:
October 12, 2005
Sub-Bill passed House:
December 14, 2005
Introduced to Senate:
December 15, 2005
Assigned to Senate Health, Human Services and Aging (Coughlin)
Senate Committee recommends substitute:
March 16, 2006

This bill is in regards to the duties of the Ohio Family and Children First Cabinet Council and county family and children first councils.   

The bill:

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clarifies state and county FCFCs as collaborative bodies focusing on improving outcomes for children and their families,

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 establishes collective accountability by requiring outcome-focused measures of progress,

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holds councils publicly accountable through the publication of an annual report on child well-being, 

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requires state and local councils to develop an annual plan outlining interagency efforts, and 

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creates an advisory board to the cabinet council to provide a formal mechanism to get input into its deliberations around children's issues.

PCSAO worked with Ohio Family and Children First, CCAO, and OJFSDA in the House to ensure outcome indicators to be measured are selected locally.   

 

 

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Link to HB 289: http://www.legislature.state.oh.us/bills.cfm?ID=126_HB_289

 

 

 

 

HB 372
OHIO WORKS FIRST (Stewart, J. – R)

 

Introduced to House: October 6, 2005
Assigned to Finance and Appropriations (Calvert)
Assigned on
October 18, 2005
Current status: No hearings have been held.  

This bill increases the monthly cash assistance benefit provided under the Ohio Works First program by $100 and to make an appropriation.  

The PCSAO Board of Trustees unanimously endorsed supporting HB 372.

 

 

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Link to HB 372: http://www.legislature.state.oh.us/bills.cfm?ID=126_HB_372

 

 

 

 

 

 

 

 

HB 515
ADOPTIVE/
FOSTER CHILD
(Hood, R. – R)

 

Introduced to House: February 9, 2006
Has not been assigned to committee at this time.  

This bill prohibits a homosexual, bisexual, or transgender person or an individual living with such a person from adopting or fostering youth.  

PCSAO Board of Trustees, Staff and Membership thank Speaker Jon Husted for his leadership in opposing HB 515, the Adoptive/Foster Child Bill.  Speaker Husted’s clear position that this legislation is discriminatory, divisive and not in the best interest of the 3000 children waiting for adoption in our state is one of clear leadership and advocacy for Ohio ’s abused and neglected children.  Certainly PCSAO opposes HB 515 and any piece of legislation that limits permanency options and the number of safe and stable homes available for waiting children.

 

 

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Link to HB 515: http://www.legislature.state.oh.us/bills.cfm?ID=126_HB_515  

 

 

 

 

HB 529
ADOPTION
 (Wagner, J. – R)

Companion Bill - SB 287

 

Introduced to Senate: March 9, 2006
Assigned to House Health (White)
Sponsor Testimony:
March 15, 2006 

This bill revises the law governing adoption, foster care, and related laws regarding the Department of Job and Family Services.  

PCSAO has and will continue to work with the sponsors, ODJFS and several interested parties on this bill.  We applaud Sen. Niehaus and Rep. Wagner for their dedication to making sure children are safe while not creating unnecessary barriers to adoption.  Leadership is looking at an aggressive hearing schedule for this bill given the expected limited legislative schedule before the General Assembly’s summer recess. 

 

 

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Link to HB 529: http://www.legislature.state.oh.us/bills.cfm?ID=126_HB_529

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILLS

 

SB 17
CHILD ABUSE (Spada, R. – R)

 

Introduced to Senate: January 25, 2005
Assigned to Senate Judiciary-Criminal Justice (Jordan)
Substitute Bill Passed Senate:
March 16, 2005
Introduced to House: 
March 16, 2005
Assigned to House Judiciary (Willamowski)
Fifth Hearing Held:
December 15, 2005

This bill requires a member of the clergy, rabbi, priest, minister, or any person or layperson acting as a leader, official, delegate, or other designated function on behalf of any church, religious society, or faith to report the abuse or neglect of a child if certain individuals fail to report the abuse or neglect of the child.

 The bill:

·      

provides a 20-year statute of limitations for civil assault or battery actions; 

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provides a period of one to two years, depending on the circumstances, for filing of assault or battery actions occurring within the preceding 35 years; and 

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expands the offense the offense of “sexual battery” to also prohibit a cleric from engaging in sexual conduct with a minor who is a member of, or attends, the church or congregation served by the cleric.

PCSAO supports Senate Bill 17 – anytime we can keep a child from being abused or re-abused that is our mission in Ohio .  While we support the language in the bill that requires clerics and other church leaders to report when they know or reasonably suspect a child is being abused or neglected by other clerics or church leaders, PCSAO believes this does not go far enough in protecting and preventing children from being abused or neglected.  As currently written, SB 17 would not bring Ohio in line with 37 other states that require clerics or any other person to report known or suspected child abuse or neglect.  If the goal is to protect children from abuse or neglect in this state, the preferred option from our perspective is to require clerics or church leaders to be mandatory reporters of known or suspected child abuse or neglect committed by any person.

 

 

 

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Link to SB 17: http://www.legislature.state.oh.us/bills.cfm?ID=126_SB_17 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SB 53
DRUG SALES MANUFACTURING (Carey, J. – R

 

Introduced to Senate: February 9, 2005
Assigned to Senate Human Services and Aging (Wachtmann)
Referred to Senate Judiciary-Criminal Justice (Jordan)
Substitute Bill and Amendment Passed Senate: October 18, 2005
Introduced to House:  October 18, 2005
Assigned to House Civil & Commercial Law (Oelslager)
Amended Bill Passed House: January 18, 2006
Senate concurred in House amendments: January 24, 2006
Signed by Governor Taft on February 9, 2006
Effective Date: May 17, 2006

This bill governs pseudoephedrine sales in Ohio and allows Hazardous Waste Clean-Up Fund moneys to be used to address contamination caused by the operation of illegal methamphetamine manufacturing laboratories.

The bill:

· 

permits fund money to be used to address contamination caused by operation of illegal methamphetamine manufacturing laboratories; and

· 

increases the penalties related to child endangering specific to methamphetamine by having children in or near illegal methamphetemine laboratories. 

With passage of SB 53, Ohio will join many other states that have legislation that: 1) restricts the availability and purchase of products containing pseudoephedrine, the main ingredient in meth, and 2) toughens penalties for manufacturing drugs in the presence of children.  Such laws have proven successful in other states and their fight against meth.  PCSAO commends Sen. Carey and members of the General Assembly in both the House and Senate for unanimously passing this important piece of legislation to protect children.

 

 

 

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Link to SB 53: http://www.legislature.state.oh.us/bills.cfm?ID=126_SB_53 

 

 

 

 

 

SB 63
CHILDREN WITH MENTAL ILLNESS (Carey, J. – R) 

 

Introduced to Senate: February 16, 2005
Assigned to Senate Health, Human Services and Aging (Coughlin)
Assigned to committee on
February 22, 2005, no hearings have been held.

This bill provides for voluntary placement agreements for children with mental illness, to prohibit a public children services agency from requiring that a parent or custodian relinquish legal custody in order to access services under a voluntary placement agreement, and revises the law governing county families and children first councils. 

PCSAO supports the right of the biological parent to access mental health services without having to give up custody to a PCSA.  Provisions have already been put in place in the ABC Initiative passed in HB 66 signed by the Governor on June 30, 2005.

 

 

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Link to SB 63: http://www.legislature.state.oh.us/bills.cfm?ID=126_SB_63  

 

SB 116
MENTAL HEALTH PARITY (Spada, R. – R)
(Companion Bill – HB 180)

 

Introduced to House: April 1, 2005
Assigned to Senate  Insurance, Commerce and Labor (Hottinger)
Second Hearing Held: 
September 16, 2005
Current Status: No hearings since September 2005.  

This bill prohibits, subject to certain exceptions, discrimination in group care policies, contracts, and agreements in the coverage provided for the diagnosis, care, and treatment of biologically based mental illness.

PCSAO supports this legislation that would prevent insurance companies from discriminating against biologically based mental illnesses.  Under the proposed Mental Health Parity legislation, health insurance coverage for severe mental illnesses would not cost the consumer more than coverage for other medical services.  On November 29, 2005, PCSAO joined Executive Directors of over 65 Alcohol, Drug Addiction and Mental Health Boards and Public Children Services Agencies in Columbus with a stack of local resolutions all with the same message, “Pass Mental Health Parity Legislation.”  Gov. Taft continues to resist any mandates on insurance companies and Sen. President Harris is concerned about additional costs to employers through mandates.  Hannah Report (12/1/05) cites Harris and Sen. Hottinger making progress on SB 116 with proponents and opponents of the bill and it “may pop to the surface next year, given the advances in knowledge and treatment.”

 

 

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Link to SB 116: http://www.legislature.state.oh.us/bills.cfm?ID=126_SB_116 

 

 

SB 137
CHILD ABUSE 
(Goodman, J. – R) 

 

Introduced to Senate: April 28, 2005
Assigned to Senate Judiciary-Criminal Justice (Jordan)
Substitute Bill Accepted:
February 15, 2006.
Second Hearing Held:
February 22, 2006

The original bill increased the penalty for a failure to report abuse or neglect of a child from a misdemeanor of the fourth degree to a misdemeanor of the first degree. 

PCSAO supports the original version of this bill that raised the penalty for failure to report abuse or neglect of a child from a misdemeanor of the 4th degree to a misdemeanor of the 1st degree.  The sub-bill proposes the increased penalty only for mandatory reporters when a child is under their direct care or supervision.   

 

 

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Link to SB 137: http://www.legislature.state.oh.us/bills.cfm?ID=126_SB_137 

 

 

 

 

 

 

 

 

 

 

SB 143
GOVERNMENT CONTRACTING 
(Jacobson, J. – R)

 

Introduced to Senate: May 4, 2005
Assigned to Senate State and Local Government & Veteran Affairs (Coughlin)
Second Hearing Held:
May 25, 2005
Rolled into the budget bill (HB 66) – signed by the Governor on
June 30, 2005

Provisions of SB 143 were included in the States Bi-Annual Budget, HB 66, which include imposing contract, record- keeping, auditing, and other requirements on persons that receive money from governmental entities for the provision of certain services, to provide civil remedies for the misuse of that and other public money, and to create the Government Contracting Advisory Council.