Ohio § 5103.03

§ 5103.03.

(A) The director of children and youth shall adopt rules as necessary for the adequate

and competent management and certification of institutions or associations.  The director shall ensure that foster care home study rules adopted under this section

align any home study content, time period, and process with any home study content,

time period, and process required by rules adopted under section 3107.033 of the Revised Code . (B)(1) Except for facilities under the control of the department of youth services, places

of detention for children established and maintained pursuant to sections 2152.41 to 2152.44 of the Revised Code , and child care centers subject to Chapter 5104. of the Revised Code, the department

of children and youth shall pass upon the fitness of every institution and association

that receives, or desires to receive and care for children, or places children in

private homes, at a frequency established by rules adopted under division (A) of this

section. (2) When the department of children and youth is satisfied as to the care given such

children, and that the requirements of the statutes and rules covering the management

of such institutions and associations are being complied with, it shall issue to the

institution or association a certificate to that effect.  A certificate is valid for a length of time determined by rules adopted under division

(A) of this section.  When determining whether an institution or association meets a particular requirement

for certification, the department may consider the institution or association to have

met the requirement if the institution or association shows to the department's satisfaction

that it has met a comparable requirement to be accredited by a nationally recognized

accreditation organization. (3) The department may issue a temporary certificate valid for less than one year authorizing

an institution or association to operate until minimum requirements have been met. (4) An institution or association that knowingly makes a false statement that is included

as a part of certification under this section is guilty of the offense of falsification

under section 2921.13 of the Revised Code and the department shall not certify that institution or association. (5) The department shall not issue a certificate to a prospective foster home or prospective

specialized foster home pursuant to this section if the prospective foster home or

prospective specialized foster home operates as a type A family child care home pursuant

to Chapter 5104. of the Revised Code.  The department shall not issue a certificate to a prospective specialized foster

home if the prospective specialized foster home operates a type B family child care

home pursuant to Chapter 5104. of the Revised Code. (C) The department may revoke a certificate pursuant to an adjudication under Chapter

119. of the Revised Code if it finds that the institution or association is in violation

of law or rule.  No juvenile court shall commit a child to an association or institution that is

required to be certified under this section if its certificate has been revoked or,

if after revocation, the date of reissue is less than fifteen months prior to the

proposed commitment. (D) On a frequency specified by the department by rules adopted under division (A) of

this section, each institution or association desiring certification shall submit

to the department a report showing its condition, management, competency to care adequately

for the children who have been or may be committed to it or to whom it provides care

or services, the system of visitation it employs for children placed in private homes,

and other information the department requires. (E) The department shall, not less than once each year, send a list of certified institutions

and associations to each juvenile court and certified association or institution. (F) No person shall receive children or receive or solicit money on behalf of such an

institution or association not so certified or whose certificate has been revoked. (G)(1) The director may delegate by rule any duties imposed on it by this section to inspect

and approve family foster homes and specialized foster homes to public children services

agencies, private child placing agencies, or private noncustodial agencies. (2) The director shall adopt rules that require a foster caregiver or other individual

certified to operate a foster home under this section to notify the recommending agency

that the foster caregiver or other individual is licensed to operate a type B family

child care home under Chapter 5104. of the Revised Code. (H) If the director of children and youth determines that an institution or association

that cares for children is operating without a certificate, the director may petition

the court of common pleas in the county in which the institution or association is

located for an order enjoining its operation.  The court shall grant injunctive relief upon a showing that the institution or association

is operating without a certificate. (I) If both of the following are the case, the director of children and youth may petition

the court of common pleas of any county in which an institution or association that

holds a certificate under this section operates for an order, and the court may issue

an order, preventing the institution or association from receiving additional children

into its care or an order removing children from its care: (1) The department has evidence that the life, health, or safety of one or more children

in the care of the institution or association is at imminent risk. (2) The department has issued a proposed adjudication order pursuant to Chapter 119.

of the Revised Code to revoke the certificate of the institution or association.