Ohio § 2152.72

§ 2152.72.

(A) This section applies only to a child who is or previously has been adjudicated a

delinquent child for an act to which any of the following applies: (1) The act is a violation of section 2903.01 , 2903.02 , 2903.03 , 2903.04 , 2903.11 , 2903.12 , 2903.13 , 2907.02 , 2907.03 , or 2907.05 of the Revised Code . (2) The act is a violation of section 2923.01 of the Revised Code and involved an attempt to commit aggravated murder or murder. (3) The act would be a felony if committed by an adult, and the court determined that

the child, if an adult, would be guilty of a specification found in section 2941.141 , 2941.144 , or 2941.145 of the Revised Code or in another section of the Revised Code that relates to the possession or use of

a firearm during the commission of the act for which the child was adjudicated a delinquent

child. (4) The act would be an offense of violence that is a felony if committed by an adult,

and the court determined that the child, if an adult, would be guilty of a specification

found in section 2941.1411 of the Revised Code or in another section of the Revised Code that relates to the wearing or carrying

of body armor during the commission of the act for which the child was adjudicated

a delinquent child. (B)(1) Except as provided in division (E) of this section, a public children services agency,

private child placing agency, private noncustodial agency, or court, the department

of youth services, or another private or government entity shall not place a child

in a certified foster home or for adoption until it provides the foster caregivers

or prospective adoptive parents with all of the following: (a) A written report describing the child's social history; (b) A written report describing all the acts committed by the child the entity knows

of that resulted in the child being adjudicated a delinquent child and the disposition

made by the court, unless the records pertaining to the acts have been sealed pursuant

to section 2151.356 of the Revised Code ; (c) A written report describing any other violent act committed by the child of which

the entity is aware; (d) The substantial and material conclusions and recommendations of any psychiatric or

psychological examination conducted on the child or, if no psychological or psychiatric

examination of the child is available, the substantial and material conclusions and

recommendations of an examination to detect mental and emotional disorders conducted

in compliance with the requirements of Chapter 4757. of the Revised Code by an independent

social worker, social worker, licensed professional clinical counselor, licensed professional

counselor, independent marriage and family therapist, or marriage and family therapist

licensed under that chapter.  The entity shall not provide any part of a psychological, psychiatric, or mental

and emotional disorder examination to the foster caregivers or prospective adoptive

parents other than the substantial and material conclusions. (2) Notwithstanding sections 2151.356 to 2151.358 of the Revised Code , if records of an adjudication that a child is a delinquent child have been sealed

pursuant to those sections and an entity knows the records have been sealed, the entity

shall provide the foster caregivers or prospective adoptive parents a written statement

that the records of a prior adjudication have been sealed. (C)(1) The entity that places the child in a certified foster home or for adoption shall

conduct a psychological examination of the child unless either of the following applies: (a) An entity is not required to conduct the examination if an examination was conducted

no more than one year prior to the child's placement, and division (C)(1)(b) of this

section does not apply. (b) An entity is not required to conduct the examination if a foster caregiver seeks

to adopt the foster caregiver's foster child, and an examination was conducted no

more than two years prior to the date the foster caregiver seeks to adopt the child. (2) No later than sixty days after placing the child, the entity shall provide the foster

caregiver or prospective adoptive parents a written report detailing the substantial

and material conclusions and recommendations of the examination conducted pursuant

to this division. (D)(1) Except as provided in divisions (D)(2) and (3) of this section, the expenses of conducting

the examinations and preparing the reports and assessment required by division (B)

or (C) of this section shall be paid by the entity that places the child in the certified

foster home or for adoption. (2) When a juvenile court grants temporary or permanent custody of a child pursuant to

any section of the Revised Code, including section 2151.33 , 2151.353 , 2151.354 , or 2152.19 of the Revised Code , to a public children services agency or private child placing agency, the court

shall provide the agency the information described in division (B) of this section,

pay the expenses of preparing that information, and, if a new examination is required

to be conducted, pay the expenses of conducting the examination described in division

(C) of this section.  On receipt of the information described in division (B) of this section, the agency

shall provide to the court written acknowledgment that the agency received the information.  The court shall keep the acknowledgment and provide a copy to the agency.  On the motion of the agency, the court may terminate the order granting temporary

or permanent custody of the child to that agency, if the court does not provide the

information described in division (B) of this section. (3) If one of the following entities is placing a child in a certified foster home or

for adoption with the assistance of or by contracting with a public children services

agency, private child placing agency, or a private noncustodial agency, the entity

shall provide the agency with the information described in division (B) of this section,

pay the expenses of preparing that information, and, if a new examination is required

to be conducted, pay the expenses of conducting the examination described in division

(C) of this section: (a) The department of youth services if the placement is pursuant to any section of the

Revised Code including section 2152.22 , 5139.06 , 5139.07 , 5139.38 , or 5139.39 of the Revised Code ; (b) A juvenile court with temporary or permanent custody of a child pursuant to section 2151.354 or 2152.19 of the Revised Code ; (c) A public children services agency or private child placing agency with temporary

or permanent custody of the child. The agency receiving the information described in division (B) of this section shall

provide the entity described in divisions (D)(3)(a) to (c) of this section that sent

the information written acknowledgment that the agency received the information and

provided it to the foster caregivers or prospective adoptive parents.  The entity shall keep the acknowledgment and provide a copy to the agency.  An entity that places a child in a certified foster home or for adoption with the

assistance of or by contracting with an agency remains responsible to provide the

information described in division (B) of this section to the foster caregivers or

prospective adoptive parents unless the entity receives written acknowledgment that

the agency provided the information. (E) If a child is placed in a certified foster home as a result of an emergency removal

of the child from home pursuant to division (D) of section 2151.31 of the Revised Code , an emergency change in the child's case plan pursuant to division (F)(3) of section 2151.412 of the Revised Code , or an emergency placement by the department of youth services pursuant to this chapter

or Chapter 5139. of the Revised Code, the entity that places the child in the certified

foster home shall provide the information described in division (B) of this section

no later than ninety-six hours after the child is placed in the certified foster home. (F) On receipt of the information described in divisions (B) and (C) of this section,

the foster caregiver or prospective adoptive parents shall provide to the entity that

places the child in the foster caregiver's or prospective adoptive parents' home a

written acknowledgment that the foster caregiver or prospective adoptive parents received

the information.  The entity shall keep the acknowledgment and provide a copy to the foster caregiver

or prospective adoptive parents. (G) No person employed by an entity subject to this section and made responsible by that

entity for the child's placement in a certified foster home or for adoption shall

fail to provide the foster caregivers or prospective adoptive parents with the information

required by divisions (B) and (C) of this section. (H) It is not a violation of any duty of confidentiality provided for in the Revised

Code or a code of professional responsibility for a person or government entity to

provide the substantial and material conclusions and recommendations of a psychiatric

or psychological examination, or an examination to detect mental and emotional disorders,

in accordance with division (B)(1)(d) or (C) of this section. (I) As used in this section: (1) “Body armor” has the same meaning as in section 2941.1411 of the Revised Code . (2) “Firearm” has the same meaning as in section 2923.11 of the Revised Code .