OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 4* Final Analysis
134th General Assembly
Click here for H.B. 4’s Fiscal Note
Primary Sponsors: Reps. Plummer and Manchester
Effective date: May 30, 2022
Effective Date:
Amy L. Archer, Research Analyst
SUMMARY
Youth and Family Ombudsman Office
 Establishes the Youth and Family Ombudsman Office under the Department of Job and
Family Services (ODJFS) for investigating and resolving concerns and complaints from and
on behalf of children and families involved with entities overseeing foster care or the
placement of children.
 Requires the Office to do all of the following:
 Receive, investigate, and attempt to resolve complaints related to government
services regarding child protective services, foster care, and adoption;
 Establish procedures for receiving and resolving complaints;
 Provide an annual report to the Governor, Speaker of the House, Senate President,
minority leadership of the House and Senate, the ODJFS Director, and representatives
of the Overcoming Hurdles in Ohio Youth Advisory Board (OHIO YAB).
 Allows a representative of the Office to report any suspected violation of state law to
appropriate authorities, to the extent permitted by state or federal law.
 Prohibits employees of the Office from holding any office of trust or profit, engaging in
any business interfering with the duties of the Office, serving on any committee of a
political party, or having any conflicting interests.
*The section numbering cited in this analysis reflects a recodification by the LSC Director, as authorized by
R.C. 103.131. Specifically, R.C. 2151.4210 to 2151.4224 in the act as passed and presented to the Governor
are recodified as R.C. 2151.4220 to 2151.4234. See the version of H.B. 4 as filed with the Secretary of
State’s office, available on the Secretary of State’s website, ohiosos.gov, under the “Legislation & Ballot
Issues,” then “Bill Effective Dates,” links.
March 24, 2022
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 Requires ODJFS to be responsible for all administrative undertakings for the Office,
including the provision of offices, equipment, and supplies, as necessary.
 Defines the parameters for Office access to ODJFS records and entities that oversee foster
care or the placement of children.
 Provides that Office records are not public records subject to inspection or copying.
 Requires OHIO YAB, no later than 60 days after the Office releases its annual report, to
provide an evaluation of the report to the Governor and the Office’s youth ombudsman.
Biennial memorandum of understanding (MOU) review
 Requires every official who signed an MOU to biennially do the following to the MOU: (1)
review for necessary updates, (2) update, as necessary, (3) sign, (4) submit to the board
of county commissioners for approval.
 Requires the board of county commissioners, on receipt of the county’s MOU, to review
and evaluate if the MOU meets the act’s requirements and do either of the following:
 If the board determines the MOU meets the requirements, adopt a resolution to
approve the MOU;
 If the board determines the MOU does not meet those requirements, notify the
responsible public children services agency (PCSA) that the MOU does not meet the
requirements and must be reviewed in accordance with MOU review and update
requirements.
 Requires the biennial MOU review by MOU officials and the biennial adoption of a
resolution by the board of county commissioners to approve the MOU to be completed
by December 31, 2024, and by December 31 every even-numbered year thereafter.
ODJFS duties
 Requires ODJFS to biennially audit each PCSA’s MOU to ensure compliance with the act’s
requirements.
 Requires ODJFS to determine that a PCSA is compliant regarding the MOU if the MOU
meets all requirements under the law.
 Requires the PCSA, if ODJFS determines that it is not compliant, to develop and submit a
compliance assurance plan to ODJFS, no later than 60 days following the determination,
that describes the steps the PCSA and other concerned officials will take in order to
become compliant.
 Requires ODJFS to create a model MOU to provide guidance to PCSAs and other
concerned officials in creating a compliant MOU.
 Requires ODJFS to maintain on its website a current list of counties with MOUs and
whether it has determined a county’s MOU to be compliant or not compliant.
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MOU requirements
 Requires MOUs to include all of the following after May 30, 2022:
 A statement that Ohio law requires a PCSA to disclose confidential information
discovered during a child abuse or neglect investigation to any federal, state, or local
government entity;
 A description of the following:
 The type of information that may be discovered during a child abuse or neglect
investigation that a law enforcement agency may share with a PCSA;
 How information is to be shared between a PCSA and a law enforcement agency;
 Information that may be obtained from an investigation that a law enforcement
agency and a PCSA is permitted to, or prohibited from, disclosing to the public.
 Requires a county’s reviewed, signed, and updated, as applicable, MOU to take effect and
supersede any previous MOU upon ODJFS’ determination of compliance.
 Requires the county MOU that is in effect to be posted to the county’s general website.
Recodification
 Recodifies the section of law governing the creation of county MOUs.
Report referral and notification changes
 Requires a PCSA that receives a report of child abuse, or a report of child neglect that
alleges a type of neglect identified in ODJFS rules adopted under the act, to notify the
appropriate law enforcement agency in accordance with the county’s MOU requirements
on sharing information between a PCSA and law enforcement agency.
 Requires the ODJFS Director to adopt rules by August 29, 2022, to identify the types of
neglect of a child that a PCSA must notify law enforcement about.
 Specifies that the requirement that a peace officer must refer a report, upon receipt, to
the PCSA must be done in accordance with the county’s MOU requirements on sharing
information between a PCSA and law enforcement agency.
Reporters’ right to information
 Requires, if a mandatory reporter provides the reporter’s name and contact information
on making the report, the PCSA that received the report to send both of the following
written notices to the reporter, via U.S. mail or email, as the reporter prefers:
 Not later than seven calendar days after receiving the report, a notice providing the
status of the PCSA’s investigation into the report made, whom the reporter may
contact for further information, and a description of the reporter’s rights;
 Not later than seven calendar days after the PCSA closes the investigation into the
case reported, a notice that the PCSA has closed the investigation.
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Foster care and adoption home study assessor qualifications
 Adds, as an individual qualified to perform foster care and adoption home studies: (1) a
current or former PCSA caseworker, (2) a current or former PCSA caseworker supervisor,
and (3) an individual with at least a bachelor’s degree in any of the specified human
services fields and has at least one year of experience working with families and children.
TABLE OF CONTENTS
Youth and Family Ombudsman Office ............................................................................................ 5
Establishment and purpose ......................................................................................................... 5
Duties........................................................................................................................................... 6
Reporting suspected violations ................................................................................................... 6
Employee prohibitions ................................................................................................................ 6
Access to ODJFS and PCSA records ............................................................................................. 7
Record confidentiality ................................................................................................................. 7
ODJFS administration .................................................................................................................. 7
OHIO YAB annual report evaluation............................................................................................ 7
Biennial memorandum of understanding (MOU) review ............................................................... 8
MOU review and update ............................................................................................................. 8
Review and approval by board of county commissioners ..................................................... 8
Completion deadline .............................................................................................................. 8
ODJFS duties ................................................................................................................................ 9
ODJFS audit ............................................................................................................................. 9
MOU model ............................................................................................................................ 9
List of compliant counties ...................................................................................................... 9
MOU requirements ..................................................................................................................... 9
New content ........................................................................................................................... 9
When MOU takes effect ....................................................................................................... 10
County website ..................................................................................................................... 10
Recodification ............................................................................................................................ 10
Report referral and notification changes...................................................................................... 11
PCSA notification to law enforcement ...................................................................................... 11
Law enforcement referral to PCSA ............................................................................................ 12
Reporters’ right to information .................................................................................................... 12
Foster care and adoption home study assessor qualifications .................................................... 12
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DETAILED ANALYSIS
Youth and Family Ombudsman Office
Establishment and purpose
The act creates the Youth and Family Ombudsman Office under the Department of Job
and Family Services (ODJFS). The Office consists of the following:
 A family ombudsman, to be appointed by the Governor, to investigate complaints made
by adults;
 A youth ombudsman, to be appointed by the Governor with advice from the Overcoming
Hurdles in Ohio Youth Advisory Board (OHIO YAB), to investigate complaints made by
youth and to advocate for the best interests of children involved in concerns investigated
by the Office;
 Not fewer than two regional ombudsmen;
 Any necessary support staff.
The Office must investigate and resolve concerns made by or on behalf of children and
families involved with public children services agencies (PCSAs), Title IV-E agencies, or private
provider agencies that administer or oversee foster care or placement services for the children
services system. The Office must ensure the independent and impartial review of youth, family,
and community complaints or concerns.1
The act defines the following terms:
 “Youth” is a person who is any of the following:
 Less than 18 years of age;
 An emancipated young adult;
 Is in the temporary or permanent custody of a PCSA, a planned permanent living
arrangement, or in the Title IV-E eligible care and placement responsibility of a
juvenile court or other governmental agency that provides Title IV-E reimbursable
placement services.
 “Emancipated young adult” is a person:
 Who was in the temporary or permanent custody of a PCSA, a planned permanent
living arrangement, or in the Title IV-E-eligible care and placement responsibility of a
juvenile court or other governmental agency that provides Title IV-E reimbursable
placement services;
1 R.C. 5101.891.
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 Whose custody, arrangement, or care and placement was terminated on or after the
person’s 18th birthday; and
 Who has not yet attained the age of 21.2
Duties
The act requires the Office to perform all of the following duties:
 Receive, investigate, and attempt to resolve complaints from citizens, including children
in the custody of a PCSA or in the care and placement of a Title IV-E agency, related to
government services regarding child protective services, foster care, and adoption;
 Establish procedures for receiving and resolving complaints, consistent with state and
federal law;
 Provide an annual report to the Governor, Speaker of the House, President of the Senate,
minority leadership of the House and Senate, the ODJFS Director, and OHIO YAB
representatives.3
Reporting suspected violations
Under the act, an Office representative is permitted to report to an appropriate authority
any suspected violation of state law discovered during the course of a complaint review, to the
extent permitted by state or federal law.4
Employee prohibitions
No Office employee is allowed to do any of the following:
 Hold any office of trust or profit;
 Engage in any occupation or business interfering or inconsistent with the duties of the
Office;
 Serve on any committee of any political party;
 Have any interest that is, or may be, in conflict with the interests and concerns of the
Office.
For purposes of Office employee prohibitions, “office of trust or profit” is defined as any
of the following:
 A federal or state elective office or an elective office of a political subdivision in Ohio;
 A position on an Ohio board or commission appointed by the Governor;
2 R.C. 5101.89.
3 R.C. 5101.892.
4 R.C. 5101.894.
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 An office described in Ohio law governing administrative department heads appointed by
the Governor, specified offices within those departments, and specified assistant
dire