OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 583 Bill Analysis
135th General Assembly
Click here for H.B. 583’s Fiscal Note
Version: As Reported by House Families and Aging
Primary Sponsors: Reps. White and Plummer
Effective date:
Chenwei Zhang, Attorney
SUMMARY
Residential facilities for foster children
▪ Enacts several provisions that generally apply to residential facilities for foster children
that are operated by public children services agencies (PCSAs), private child placing
agencies (PCPAs), private noncustodial agencies, or superintendents of county or district
children’s homes for the placement of foster children and the children who are under the
care and supervision of these facilities.
Notifications re: medical care and law enforcement interactions
▪ Requires all of the following, if a child under a residential facility’s care and supervision
presents to an emergency department or is admitted to a hospital for an injury or mental
health crisis:
For the emergency department or hospital to communicate with the PCSA or PCPA
with custody of the child about the visit and to notify the PCSA or PCPA of the child’s
discharge;
For the PCSA or PCPA to respond to the emergency department or hospital’s
communication regarding the child within four hours after initial contact;
For the emergency department or hospital to report the visit to the Ohio Resilience
Through Integrated Systems and Excellence (OhioRISE) Program, if the child is
participating in the program, and the Department of Children and Youth (DCY).
▪ Requires a law enforcement officer who has an investigative interaction with a child who
is under the care and supervision of a residential facility to notify the facility operator and
This analysis was prepared before the report of the House Families and Aging Committee appeared in
the House Journal. Note that the legislative history may be incomplete.
December 17, 2024
Office of Research and Drafting LSC Legislative Budget Office
the PCSA or PCPA with custody of the child of the interaction, regardless of whether a
police report is generated.
▪ Requires, if a child has an interaction with a law enforcement officer that results in the
generation of a police report, a residential facility providing care and supervision to the
child to report the interaction and provide a copy of the police report to DCY.
▪ Requires DCY to adopt rules to establish all of the following:
A standardized procedure under which an emergency department or hospital or law
enforcement officer provides notifications as specified above;
Timeframes for an emergency department, hospital, or residential facility to provide
reports to DCY as specified above;
Standards for DCY to track the reports it receives from an emergency department,
hospital, or residential facility.
24-hour emergency on-call procedure
▪ Requires a PCSA or PCPA and a residential facility operator to establish a 24-hour
emergency on-call procedure to respond to contact from emergency departments,
hospitals, law enforcement officers, and first responders regarding emergencies involving
a child in the agency’s custody or under the care and supervision of the facility,
respectively.
Monthly PCSA and PCPA visits
▪ Requires a PCSA or PCPA with custody of a child who is in a residential facility’s care and
supervision to conduct a monthly in-person visit to the facility to determine the child’s
well-being, and to report concerns about the child to DCY in accordance with rules that
DCY must adopt.
Mandatory review of child’s placement
▪ Requires a PCSA or PCPA to conduct a mandatory review of a child’s placement, which
must include a determination of whether the residential facility is an appropriate setting
and is providing a satisfactory level of care for the child, if any of the following occur:
The child presents to an emergency department or is admitted to a hospital for an
injury or mental health crisis;
A police report is generated with regard to the child;
During a monthly visit, the agency has determined that a review is necessary pursuant
to DCY rules.
▪ Requires DCY to adopt rules to establish guidelines for reviewing a child’s placement,
including review criteria, circumstances that would require a change in the child’s
placement, and a timeline for conducting the review and taking appropriate action.
P a g e |2 H.B. 583
As Reported by House Families and Aging
Office of Research and Drafting LSC Legislative Budget Office
Services from community organizations
▪ Requires a residential facility operator to notify a PCSA or PCPA with custody of a child of
any service that a community organization provides or seeks to provide to a child under
a facility’s care and supervision and a PCSA or PCPA to provide prior approval of such
services.
Delinquent children
▪ Requires a PCSA or PCPA to inform a residential facility operator of any charges for which
a child placed in the facility was adjudicated a delinquent child either before placement
or within 96 hours after the child’s placement as a result of an emergency placement or
a change in the child’s case plan.
▪ Establishes the Study Committee to Evaluate the Placement of Delinquent Children in
Residential Facilities to evaluate, make recommendations, and issue a report to the
Governor and General Assembly regarding the placement in residential facilities of
children who are alleged to be or have been adjudicated delinquent children.
Residential facility certification
▪ Requires a residential facility operator to demonstrate in its application for a certificate
that the proposed facility meets all applicable local planning and zoning requirements,
and for the facility to maintain compliance to remain in good standing.
▪ Requires a residential facility operator to provide the following to the board of township
trustees or the legislative authority of the municipal corporation where the facility will be
located:
Before the facility begins operations, notice that the facility will be in operation;
Written notice of the facility location and contact information and copies of the
facility’s procedures for emergencies and disasters, medical emergency plan, and
community engagement plan.
▪ Establishes a procedure for a county, township, or municipal corporation to revoke a
conditional use permit for a residential facility if: (1) the facility operator fails to comply
with permit requirements or (2) the facility operator has failed to fulfill the requirements
of a corrective action plan that DCY issued for a finding of noncompliance.
▪ Requires DCY to conduct a site visit of a residential facility at least annually to ensure
certification compliance.
▪ Requires DCY to adopt rules to establish criteria for more than one site visit per year upon
surpassing a threshold, to be determined by the Director, of the following reports that
DCY receives regarding a residential facility:
When a child under a facility’s care and supervision presents to the emergency
department or is admitted to a hospital for an injury or mental health crisis;
P a g e |3 H.B. 583
As Reported by House Families and Aging
Office of Research and Drafting LSC Legislative Budget Office
When a child under a facility’s care and supervision has an interaction with a law
enforcement officer that results in the generation of a police report;
When concerns about a child arise out of the required monthly visit by a PCSA or PCPA
to determine the well-being of a child;
When a resident of a community in which a facility is located communicates concerns
and complaints related to the facility.
▪ Requires, if DCY determines that a residential facility has violated a requirement for
certification and issues a corrective action plan for the facility to remedy the violation, the
operator of the facility to provide documentary evidence of the correction.
Criminal records check requirements
▪ Requires the appointing or hiring officer of a residential facility to request the
Superintendent of the Bureau of Criminal Identification and Investigation to conduct a
criminal records check for any person who is under final consideration for appointment
or employment in the residential facility.
▪ Requires the Director of DCY to seek a federal waiver for the conditional appointment or
employment of a person in a residential facility while a criminal records check is pending.
▪ Establishes provisions regarding the conditional appointment or employment of a person
in a residential facility, including a restriction on direct contact with or access to children
during the period of conditional appointment or employment and conditions for
termination.
▪ Requires DCY, to the extent permitted under federal law, to adopt rules to implement the
bill’s criminal records check requirements, including conditional appointment or
employment terms.
DCY review and reporting requirements
▪ Requires DCY to adopt rules to divide the state into regions, determine an ideal number
of residential facilities in each region, and establish incentives to attract residential
facilities to regions that are below the ideal number of facilities.
▪ Requires DCY to adopt rules to establish a procedure for an individual to communicate
concerns, complaints, or other pertinent information to DCY regarding a residential
facility in the individual’s community.
▪ Requires DCY to annually survey the staff of all residential facilities and of PCSAs and
PCPAs working with children under the care and supervision of residential facilities
regarding the status of these children.
▪ Requires DCY to do the following annually:
Review the results of the above staff survey;
P a g e |4 H.B. 583
As Reported by House Families and Aging
Office of Research and Drafting LSC Legislative Budget Office
Review all reports that DCY receives regarding emergency department and hospital
visits, interactions with law enforcement resulting in the generation of a police report,
concerns arising out of a monthly PCSA or PCPA visit, and complaints or concerns from
a resident of a community in which a residential facility related to the facility.
Review the Ohio Administrative Code to determine whether the training
requirements are adequately responsive to the needs of residential facilities in the
state, based on the above review, and adopt or modify rules accordingly.
Educational stability of foster children
▪ Requires the Department of Education and Workforce (DEW) to provide all school districts
with best practices to help ensure the educational stability of students who are in a PCSA
or PCPA’s custody.
▪ Requires the school district in which a foster child is enrolled after being placed in a
residential facility to assess the needs of the child for appropriate services and
interventions and to use the results to make recommendations regarding the child.
▪ Requires DCY and DEW to create a standard form for PCSAs and PCPAs to convey
information necessary to support the education of children in their custody.
▪ Requires a PCSA or PCPA to convey the information on the form to the foster care liaison
in the student’s new school district.
Peace officer training
▪ Requires the Attorney General, in consultation with the Ohio Peace Officer Training
Commission, to adopt rules governing the training of peace officers in identifying and
interacting with at-risk youth.
TABLE OF CONTENTS
Residential facilities for foster children .......................................................................................... 6
Notifications regarding medical care and law enforcement interactions .................................. 7
Medical care notifications ...................................................................................................... 7
Law enforcement notifications .............................................................................................. 8
Rulemaking ............................................................................................................................. 8
24-hour emergency on-call procedure ....................................................................................... 8
Monthly PCSA and PCPA visits .................................................................................................... 9
Mandatory review of child’s placement ..................................................................................... 9
Services from community organizations ................................................................................... 10
Delinquent children ................................................................................................................... 10
Notification regarding placement of delinquent children ................................................... 10
Study Committee to Evaluate the Placement of Delinquent Children in Residential Facilities
.............................................................................................................................................. 10
P a g e |5 H.B. 583
As Reported by House Families and Aging
Office of Research and Drafting LSC Legislative Budget Office
Residential facility certification ................................................................................................. 11
Application must demonstrate zoning compliance ............................................................. 12
Notifications to local government entities ........................................................................... 12
Revocation of conditional use permit .................................................................................. 13
DCY site visits ........................................................................................................................ 13
Corrective action plan proof of remedy ............................................................................... 14
Criminal records check for employment or appointment ........................................................ 14
Offenses that result in disqualification ................................................................................ 15
Conditional employment ...................................................................................................... 15
Criminal records checks are not public records ................................................................... 16
Rulemaking ........................................................................................................................... 16
DCY review and reporting requirements .................................................................................. 16
Review of residential facility locations ................................................................................. 16
Communications regarding a residential facility .................................................................. 17
Annual survey and review .................................................................................................... 17
Educational stability of foster children ......................................................................................... 18
Peace officer training .................................................................................................................... 18
DETAILED ANALYSIS
Residential facilities for foster children
The bill enacts provisions that generally apply to residential facilities for foster children