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hb325_04_PSMaidenslaw.pdf
As Passed by the Senate
131st General Assembly
Regular Session Am. Sub. H. B. No. 325
2015-2016 Representatives Green, O'Brien, S.
Cosponsors: Representatives Grossman, Sheehy, Bishoff, Hill, Rogers, Smith, K., Phillips, Sprague, Young, Brenner, Smith, R., Antani, Blessing, Burkley, Antonio,
Boose, Hambley, Ginter, Sears, DeVitis, Rezabek, Thompson, Johnson, T., Ashford, Hackett, Buchy, Lepore-Hagan, Scherer, Fedor, Slesnick, Ramos, Brown,
Terhar, McClain, Stinziano, Curtin, Huffman, Maag, Derickson, Conditt, Romanchuk, Amstutz, Anielski, Arndt, Baker, Boccieri, Boyd, Celebrezze, Cera, Craig, Dever, Driehaus, Duffey, Gonzales, Hagan, Howse, Manning, O'Brien, M.,
Patmon, Patterson, Reineke, Ruhl, Slaby, Strahorn, Sweeney
Senators Coley, Brown, Cafaro, Eklund, Gardner, Hite, Hughes, Jones, Lehner, Manning, Obhof, Sawyer, Schiavoni, Tavares, Thomas, Uecker
A B I L L
To amend sections 5119.17 and 5139.01 and to enact
sections 2151.26, 2945.65, 3701.70, and 5103.132
of the Revised Code to encourage pregnant women
addicted to controlled substances to seek
treatment, to authorize certain children's
crisis care facilities to maintain firearms, and
to make an appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 5119.17 and 5139.01 be amended
and sections 2151.26, 2945.65, 3701.70, and 5103.132 of the
Revised Code be enacted to read as follows:
Sec. 2151.26. (A) As used in this section:
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(1) "Community addiction services provider" ha s the same
meaning as in section 5119.01 of the Revised Code.
(2) "Controlled substance" has the same meaning as in
section 3719.01 of the Revised Code.
(3) "Newborn" means a child who is less than thirty days
old .
(B) (1) If a public children services agency files a
complaint pursuant to section 2151.27 of the Revised Code
regarding a newborn solely because the newborn's mother used a
controlled substance while pregnant , the court shall determine,
based on written evidence submitted by the mother, whether the
mother did all of the following:
(a) Before the end of the twentieth week of pregnancy,
enrolled in a drug treatment program provided by a community
addiction services provider ;
(b) Successfully completed the program or is in the
process of completing the program and is in compliance with the
program's terms and conditions as determined by the program;
(c) Maintained her regularly scheduled appointments and
prenatal care recommended by her health care provider for the
remaining duration of her pregnancy ;
(d) At the request of a public children services agency,
provided the agency with an affirmative representation that she
complied with divisions (B)(1)(a) to (c) of this section .
( 2)(a) If the court determines that the mother complied
with division (B)(1) of this section, the court shall do one of
the following in lieu of considering the complaint:
(i) Subject to division (B)(2)(b) of this section, hold
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the complaint in abeyance if the mother provides the court with
written evidence from the community addiction services provider
demonstrating that she is in the process of completing the
program;
( ii) Dismiss the complaint if the mother provides the
court with written evidence from the community addiction
services provider demonstrating that she successfully completed
the program or provides evidence satisfactory to the court of a
commitment to treatment and recovery.
(b) The court shall hold a complaint in abeyance under
division (B)(2)(a)(i) of this section so long as the mother
continues to provide the court with written evidence from the
community addiction services provider demonstrating that she is
in the process of completing the program. If the mother ceases
to provide such evidence to the satisfaction of the court, the
court shall consider the complaint. If the mother provides the
court with written evidence from the community addiction
services provider demonstrating that she has successfully
completed the program, the court shall dismiss the complaint.
(C) If a pregnant woman enrolled in a drug treatment
program after the end of the twentieth week of pregnancy, the
court, in its discretion, may do either of the following in lieu
of considering a complaint filed pursuant to section 2151.27 of
the Revised Code based solely on the newborn's mother's use of a
controlled substance while pregnant :
(1) Hold the complaint in abeyance if the court finds that
the woman is in the process of completing the program and
maintained her regularly scheduled appointments and prenatal
care recommended by her health care provider for the remaining
duration of her pregnancy;
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(2) Dismiss the complaint if the court finds that the
woman successfully completed the program and maintained her
regularly scheduled appointments and prenatal care recommended
by her health care provider for the remaining duration of her
pregnancy.
(D) This section does not prevent a public children
services agency from filing a complaint pursuant to section
2151.27 of the Revised Code if the public children services
agency determines that the newborn's mother, or any other adult
caring for the newborn, is unable to provide adequate parental
care.
Sec. 2945.65. Evidence of the use of a controlled
substance obtained as part of a screening or test performed to
determine pregnancy or provide prenatal care is not admissible
in a criminal proceeding against the woman who was screened or
tested. This section does not prohibit criminal prosecution
based on evidence obtained through methods other than the
screening or testing described in this section.
Sec. 3701.70. (A) As used in this section:
(1) "Community addiction services provider" has the same
meaning as in section 5119.01 of the Revised Code.
(2) "Controlled substance" has the same meaning as in
section 3719.01 of the Revised Code.
(B) Any of the following health care professionals who
attends a pregnant woman for conditions relating to pregnancy
before the end of the twentieth week of pregnancy and who has
reason to believe that the woman is using or has used a
controlled substance in a manner that may place the woman's
fetus in jeopardy shall encourage the woman to enroll in a drug
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treatment program offered by a community addiction services
provider :
(1) Physicians authorized under Chapter 4731. of the
Revised Code to practice medicine and surgery or osteopathic
medicine and surgery;
(2) Registered nurses and licensed practical nurses
licensed under Chapter 4723. of the Revised Code;
(3) Physician assistants licensed under Chapter 4730. of
the Revised Code.
(C) A health care professional is immune from civil
liability and is not subject to criminal prosecution with regard
to both of the following:
(1) Failure to recognize that a pregnant woman has used or
is using a controlled substance in a manner that may place the
woman's fetus in jeopardy;
(2) Any action taken in good faith compliance with this
section.
Sec. 5103.132. (A) As used in this section, "firearm" has
the same meaning as in section 2923.11 of the Revised Code.
(B) A children's crisis care facility that has as its
primary purpose the provision of residential and other care to
infants who are born drug exposed and that regularly maintains
on its premises schedule II controlled substances, as defined in
section 3719.01 of the Revised Code, may permit security
personnel to maintain and bear firearms while on the grounds of
the facility.
Sec. 5119.17. (A) The department of mental health and
addiction services, in accordance with division (B) of this
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section, shall give priority to developing, and promptly shall
develop, with available public and private resources a program
that does all of the following:
(1) Provides a manner of identifying the aggregate number
of pregnant women in this state who are addicted to a drug of
abuse;
(2) Provides for an effective means of intervention to
eliminate the addiction of pregnant women to drugs of abuse
prior to the birth of their children;
(3) Gives priority to the treatment of pregnant women
addicted to drugs of abuse , including by requiring community
addiction services providers that receive public funds to give
priority to pregnant women referred for treatment;
(3)(4) Provides for the continued monitoring of women who
were addicted to a drug of abuse during their pregnancies, after
the birth of their children, and for the availability of
treatment and rehabilitation for those women;
(4)(5) Provides a manner of determining the aggregate
number of children who are born in this state to women who are
addicted, at the time of birth, to a drug of abuse, and of
children who are born in this state with an addiction to or a
dependency on a drug of abuse;
(5)(6) Provides for the continued monitoring of children
who are born in this state to women who are addicted, at the
time of birth, to a drug of abuse, or who are born in this state
with an addiction to or dependency on a drug of abuse, after
their birth;
(6)(7) Provides for the treatment and rehabilitation of
any child who is born to a woman who is addicted, at the time of
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birth, to a drug of abuse, and of any child who is born with an
addiction to or dependency on a drug of abuse.
(B) In developing the program described in division (A) of
this section, the department may obtain information from the
department of health and the department of job and family
services, and those departments shall cooperate with the
department of mental health and addiction services in its
development and implementation of the program.
(C) Immediately upon its development of the program
described in division (A) of this section, the department shall
implement the program.
(D) Any record or information that is obtained or
maintained by the department in connection with the program
described in division (A) of this section and could enable the
identification of any woman or child described in division (A)
(1) or (4) of this section is not a public record subject to
inspection or copying under section 149.43 of the Revised Code.
(E) A community addiction services provider that receives
public funds shall not refuse to treat a person solely because
the person is pregnant if appropriate treatment is offered by
the provider.
Sec. 5139.01. (A) As used in this chapter:
(1) "Commitment" means the transfer of the physical
custody of a child or youth from the court to the department of
youth services.
(2) "Permanent commitment" means a commitment that vests
legal custody of a child in the department of youth services.
(3) "Legal custody," insofar as it pertains to the status
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that is created when a child is permanently committed to the
department of youth services, means a legal status in which the
department has the following rights and responsibilities: the
right to have physical possession of the child; the right and
duty to train, protect, and control the child; the
responsibility to provide the child with food, clothing,
shelter, education, and medical care; and the right to determine
where and with whom the child shall live, subject to the minimum
periods of, or periods of, institutional care prescribed in
sections 2152.13 to 2152.18 of the Revised Code; provided, that
these rights and responsibilities are exercised subject to the
powers, rights, duties, and responsibilities of the guardian of
the person of the child, and subject to any residual parental
rights and responsibilities.
(4) Unless the context requires a different meaning,
"institution" means a state facility that is created by the
general assembly and that is under the management and control of
the department of youth services or a private entity with which
the department has contracted for the institutional care and
custody of felony delinquents.
(5) "Full-time care" means care for twenty-four hours a
day for over a period of at least two consecutive weeks.
(6) "Placement" means the conditional release of a child
under the terms and conditions that are specified by the
department of youth services. The department shall retain legal
custody of a child released pursuant to division (C) of section
2152.22 of the Revised Code or division (C) of section 5139.06
of the Revised Code until the time that it discharges the child
or until the legal custody is terminated as otherwise provided
by law.
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(7) "Home placement" means the placement of a child in the
home of the child's parent or parents or in the home of the
guardian of the child's person.
(8) "Discharge" means that the department of youth
services' legal custody of a child is terminated.
(9) "Release" means the termination of a child's stay in
an institution and the subsequent period during which the child
returns to the community under the terms and conditions of
supervised release.
(10) "Delinquent child" has the same meaning as in section
2152.02 of the Revised Code.
(11) "Felony delinquent" means any child who is at least
ten years of age but less than eighteen years of age and who is
adjudicated a delinquent child for having committed an act that
if committed by an adult would be a felony. "Felony delinquent"
includes any adult who is between the ages of eighteen and
twenty-one and who is in the legal custody of the department of
youth services for having committed an act that if committed by
an adult would be a felony.
(12) "Juvenile traffic offender" has the same meaning as
in section 2152.02 of the Revised Code.
(13) "Public safety beds" means all of the following:
(a) Felony delinquents who have been committed to the
department of youth services for the commission of an act, other
than a violation of section 2911.01 or 2911.11 of the Revised
Code, that is a category one offense or a category two offense
and who are in the care and custody of an institution or have
been diverted from care and custody in an institution and placed
in a community corrections facility;
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(b) Felony delinquents who, while committed to the
department of youth services and in the care and custody of an
institution or a community corrections facility, are adjudicated
delinquent children for having committed in that institution or
community corrections facility an act that if committed by an
adult would be a misdemeanor or a felony;
(c) Children who satisfy all of the following:
(i) They are at least ten years of age but less than
eighteen years of age.
(ii) They are adjudicated delinquent children for having
committed acts that if committed by an adult would be a felony.
(iii) They are committed to the department of youth
services by the juvenile court of a county that has had one-
tenth of one per cent or less of the statewide adjudications for
felony delinquents as averaged for the past four fiscal years.
(iv) They are in the care and custody of an institution or
a community corrections facility.
(d) Felony delinquents who, while committed to the
department of youth services and in the care and custody of an
institution are serving disciplinary time for having committed
an act described in division (A)(18)(a), (b), or (c) of this
section, and who have been institutionalized or
institutionalized in a secure facility for the minimum period of
time specified in divisions (A)(1)(b) to (e) of section 2152.16
of the Revised Code.
(e) Felony delinquents who are subject to and serving a
three-year period of commitment order imposed by a juvenile
court pursuant to divisions (A) and (B) of section 2152.17 of
the Revised Code for an act, other than a violation of section
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2911.11 of the Revised Code, that would be a category one
offense or category two offense if committed by an adult.
(f) Felony delinquents who are described in divisions (A)
(13)(a) to (e) of this section, who have been granted a judicial
release to court supervision under division (B) or (D) of
section 2152.22 of the Revised Code or a judicial release to the
department of youth services supervision under division (C) or
(D) of that section from the commitment to the department of
youth services for the act described in divisions (A)(13)(a) to
(e) of this section, who have violated the terms and conditions
of that release, and who, pursuant to an order of the court of
the county in which the particular felony delinquent was placed
on release that is issued pursuant to division (E) of section
2152.22 of the Revised Code, have been returned to the
department for institutionalization or institutionalization in a
secure facility.
(g) Felony delinquents who have been committed to the
custody of the department of youth services, who have been
granted supervised release from the commitment pursuant to
section 5139.51 of the Revised Code, who have violated the terms
and conditions of that supervised release, and who, pursuant to
an order of the court of the county in which the particular
child was placed on supervised release issued pursuant to
division (F) of section 5139.52 of the Revised Code, have had
the supervised release revoked and have been returned to the
department for institutionalization. A felony delinquent
described in this division shall be a public safety bed only for
the time during which the felony delinquent is institutionalized
as a result of the revocation subsequent to the initial ninety-
day period of institutionalization required by division (F) of
section 5139.52 of the Revised Code.
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(14) Unless the context requires a different meaning,
"community corrections facility" means a county or multicounty
rehabilitation center for felony delinquents who have been
committed to the department of youth services and diverted from
care and custody in an institution and placed in the
rehabilitation center pursuant to division (E) of section
5139.36 of the Revised Code.
(15) "Secure facility" means any facility that is designed
and operated to ensure that all of its entrances and exits are
under the exclusive control of its staff and to ensure that,
because of that exclusive control, no child who has been
institutionalized in the facility may leave the facility without
permission or supervision.
(16) "Community residential program" means a program that
satisfies both of the following:
(a) It is housed in a building or other structure that has
no associated major restraining construction, including, but not
limited to, a security fence.
(b) It provides twenty-four-hour care, supervision, and
programs for felony delinquents who are in residence.
(17) "Category one offense" and "category two offense"
have the same meanings as in section 2151.26 2152.02 of the
Revised Code.
(18) "Disciplinary time" means additional time that the
department of youth services requires a felony delinquent to
serve in an institution, that delays the felony delinquent's
planned release, and that the department imposes upon the felony
delinquent following the conduct of an internal due process
hearing for having committed any of the following acts while
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committed to the department and in the care and custody of an
institution:
(a) An act that if committed by an adult would be a
felony;
(b) An act that if committed by an adult would be a
misdemeanor;
(c) An act that is not described in division (A)(18)(a) or
(b) of this section and that violates an institutional rule of
conduct of the department.
(19) "Unruly child" has the same meaning as in section
2151.022 of the Revised Code.
(20) "Revocation" means the act of revoking a child's
supervised release for a violation of a term or condition of the
child's supervised release in accordance with section 5139.52 of
the Revised Code.
(21) "Release authority" means the release authority of
the department of youth services that is established by section
5139.50 of the Revised Code.
(22) "Supervised release" means the event of the release
of a child under this chapter from an institution and the period
after that release during which the child is supervised and
assisted by an employee of the department of youth services
under specific terms and conditions for reintegration of the
child into the community.
(23) "Victim" means the person identified in a police
report, complaint, or information as the victim of an act that
would have been a criminal offense if committed by an adult and
that provided the basis for adjudication proceedings resulting
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in a child's commitment to the legal custody of the department
of youth services.
(24) "Victim's representative" means a member of the
victim's family or another person whom the victim or another
authorized person designates in writing, pursuant to section
5139.56 of the Revised Code, to represent the victim with
respect to proceedings of the release authority of the
department of youth services and with respect to other matters
specified in that section.
(25) "Member of the victim's family" means a spouse,
child, stepchild, sibling, parent, stepparent, grandparent,
other relative, or legal guardian of a child but does not
include a person charged with, convicted of, or adjudicated a
delinquent child for committing a criminal or delinquent act
against the victim or another criminal or delinquent act arising
out of the same conduct, criminal or delinquent episode, or plan
as the criminal or delinquent act committed against the victim.
(26) "Judicial release to court supervision" means a
release of a child from institutional care or institutional care
in a secure facility that is granted by a court pursuant to
division (B) of section 2152.22 of the Revised Code during the
period specified in that division or that is granted by a court
to court supervision pursuant to division (D) of that section
during the period specified in that division.
(27) "Judicial release to department of youth services
supervision" means a release of a child from institutional care
or institutional care in a secure facility that is granted by a
court pursuant to division (C) of section 2152.22 of the Revised
Code during the period specified in that division or that is
granted to department supervision by a court pursuant to
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division (D) of that section during the period specified in that
division.
(28) "Juvenile justice system" includes all of the
functions of the juvenile courts, the department of youth
services, any public or private agency whose purposes include
the prevention of delinquency or the diversion, adjudication,
detention, or rehabilitation of delinquent children, and any of
the functions of the criminal justice system that are applicable
to children.
(29) "Metropolitan county criminal justice services
agency" means an agency that is established pursuant to division
(A) of section 5502.64 of the Revised Code.
(30) "Administrative planning district" means a district
that is established pursuant to division (A) or (B) of section
5502.66 of the Revised Code.
(31) "Criminal justice coordinating council" means a
criminal justice services agency that is established pursuant to
division (D) of section 5502.66 of the Revised Code.
(32) "Comprehensive plan" means a document that
coordinates, evaluates, and otherwise assists, on an annual or
multi-year basis, all of the functions of the juvenile justice
systems of the state or a specified area of the state, that
conforms to the priorities of the state with respect to juvenile
justice systems, and that conforms with the requirements of all
federal criminal justice acts. These functions include, but are
not limited to, all of the following:
(a) Delinquency;
(b) Identification, detection, apprehension, and detention
of persons charged with delinquent acts;
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(c) Assistance to crime victims or witnesses, except that
the comprehensive plan does not include the functions of the
attorney general pursuant to sections 109.91 and 109.92 of the
Revised Code;
(d) Adjudication or diversion of persons charged with
delinquent acts;
(e) Custodial treatment of delinquent children;
(f) Institutional and noninstitutional rehabilitation of
delinquent children.
(B) There is hereby created the department of youth
services. The governor shall appoint the director of the
department with the advice and consent of the senate. The
director shall hold office during the term of the appointing
governor but subject to removal at the pleasure of the governor.
Except as otherwise authorized in section 108.05 of the Revised
Code, the director shall devote the director's entire time to
the duties of the director's office and shall hold no other
office or position of trust or profit during the director's term
of office.
The director is the chief executive and administrative
officer of the department and has all the powers of a department
head set forth in Chapter 121. of the Revised Code. The director
may adopt rules for the government of the department, the
conduct of its officers and employees, the performance of its
business, and the custody, use, and preservation of the
department's records, papers, books, documents, and property.
The director shall be an appointing authority within the meaning
of Chapter 124. of the Revised Code. Whenever this or any other
chapter or section of the Revised Code imposes a duty on or
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requires an action of the department, the duty or action shall
be performed by the director or, upon the director's order, in
the name of the department.
Section 2. That existing sections 5119.17 and 5139.01 of
the Revised Code are hereby repealed.
Section 3. This act shall be known as "Maiden's Law."
Section 4. All items in this section are hereby
appropriated as designated out of any moneys in the state
treasury to the credit of the designated fund. For all
appropriations made in this act, those in the first column are
for fiscal year 2016 and those in the second column are for
fiscal year 2017. The appropriations made in this act are in
addition to any other appropriations made for the FY 2016-FY
2017 biennium.
MHA DEPARTMENT OF MENTAL HEALTH AND ADDICTION SERVICES
General Revenue Fund
GRF 336421 Continuum of Care $0 $2,000,000
Services
TOTAL GRF General Revenue Fund $0 $2,000,000
TOTAL ALL BUDGET FUND GROUPS $0 $2,000,000
CONTINUUM OF CARE SERVICES
The foregoing appropriation item 336421, Continuum of Care
Services, shall be distributed to programs that address opiate
addiction. The Department shall give priority to programs that
are currently in operation and are scalable statewide.
Section 5. Within the limits set forth in this act, the
Director of Budget and Management shall establish accounts
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Am. Sub. H. B. No. 325 Page 18 As Passed by the Senate
indicating the source and amount of funds for each appropriation
made in this act, and shall determine the form and manner in
which appropriation accounts shall be maintained. Expenditures
from appropriations contained in this act shall be accounted for
as though made in Am. Sub. H.B. 64 of the 131st General
Assembly.
The appropriations made in this act are subject to all
provisions of Am. Sub. H.B. 64 of the 131st General Assembly
that are generally applicable to such appropriations.
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