Ohio Code 5103.05 – Notice of operation
(A) As used in this section and section 5103.051 of the Revised Code:
Terms Used In Ohio Code 5103.05
- Child: includes child by adoption. See Ohio Code 1.59
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
(1) “Children’s residential center” means a facility that is operated by a private child placing agency, private noncustodial agency, or public children services agency, that has been certified by the department of job and family services to operate a children’s residential center, and in which eleven or more children, including the children of any staff residing at the facility, are given nonsecure care and supervision twenty-four hours a day.
(2) “Children’s crisis care facility” has the same meaning as in section 5103.13 of the Revised Code.
(3) “County children’s home” means a facility established under section 5153.21 of the Revised Code.
(4) “District children’s home” means a facility established under section 5153.42 of the Revised Code.
(5) “Group home for children” means any public or private facility that is operated by a private child placing agency, private noncustodial agency, or public children services agency, that has been certified by the department to operate a group home for children, and that meets all of the following criteria:
(a) Gives, for compensation, a maximum of ten children, including the children of the operator or any staff who reside in the facility, nonsecure care and supervision twenty-four hours a day by a person or persons who are unrelated to the children by blood or marriage, or who is not the appointed guardian of any of the children;
(b) Is not certified as a foster home;
(c) Receives or cares for children for two or more consecutive weeks.
“Group home for children” does not include any facility that provides care for children from only a single-family group, placed at the facility by the children’s parents or other relative having custody.
(6) “Residential facility” means a group home for children, children’s crisis care facility, children’s residential center, residential parenting facility that provides twenty-four-hour child care, county children’s home, or district children’s home. A foster home is not a residential facility.
(7) “Residential parenting facility” means a facility operated by a private child placing agency, private noncustodial agency, or public children services agency, that has been certified by the department to operate a residential parenting facility, in which teenage mothers and their children reside for the purpose of keeping mother and child together, teaching parenting and life skills to the mother, and assisting teenage mothers in obtaining educational or vocational training and skills.
(8) “Nonsecure care and supervision” means care and supervision of a child in a residential facility that does not confine or prevent movement of the child within the facility or from the facility.
(B) Within ten days after the commencement of operations at a residential facility, the facility shall provide the following to all county, municipal, or township law enforcement agencies, emergency management agencies, and fire departments with jurisdiction over the facility:
(1) Written notice that the facility is located and will be operating in the agency’s or department’s jurisdiction. The written notice shall provide the address of the facility, identify the facility as a group home for children, children’s crisis care facility, children’s residential center, residential parenting facility, county children’s home, or district children’s home, and provide contact information for the facility.
(2) A copy of the facility’s procedures for emergencies and disasters established pursuant to rules adopted under section 5103.03 of the Revised Code;
(3) A copy of the facility’s medical emergency plan established pursuant to rules adopted under section 5103.03 of the Revised Code;
(4) A copy of the facility’s community engagement plan established pursuant to rules adopted under section 5103.051 of the Revised Code.
(C) Within ten days of any change to the facility’s information described in divisions (B)(2), (3), and (4) of this section, the facility shall provide to all county, municipal, or township law enforcement agencies, emergency management agencies, and fire departments with jurisdiction over the facility updated copies of the information required to be provided under divisions (B)(2), (3), and (4) of this section.
(D) The department may adopt rules in accordance with Chapter 119 of the Revised Code necessary to implement this section.
Last updated October 3, 2023 at 1:25 PM