As Introduced
135th General Assembly
Regular Session H. B. No. 127
2023-2024
Representative Fowler Arthur
Cosponsors: Representatives Claggett, Click, Dean, Ferguson, Gross, Holmes,
Johnson, Lear, Mathews, McClain, Seitz, Stoltzfus, Wiggam, Willis
A BILL
To amend sections 2151.011, 3301.0712, 3310.70, 1
3313.5312, 3313.5314, 3313.618, 3313.6110, 2
3313.6114, 3314.041, 3321.03, 3321.04, 3321.13, 3
3331.02, 3331.04, 3333.31, 3333.86, 3345.06, 4
3365.01, 3365.02, 3365.03, 3365.033, 3365.034, 5
3365.035, 3365.07, 3365.071, 5103.55, 5107.281, 6
5709.07, and 5747.72 and to enact section 7
3321.042 of the Revised Code to revise the law 8
regarding the home education of children. 9
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2151.011, 3301.0712, 3310.70, 10
3313.5312, 3313.5314, 3313.618, 3313.6110, 3313.6114, 3314.041, 11
3321.03, 3321.04, 3321.13, 3331.02, 3331.04, 3333.31, 3333.86, 12
3345.06, 3365.01, 3365.02, 3365.03, 3365.033, 3365.034, 13
3365.035, 3365.07, 3365.071, 5103.55, 5107.281, 5709.07, and 14
5747.72 be amended and section 3321.042 of the Revised Code be 15
enacted to read as follows: 16
Sec. 2151.011. (A) As used in the Revised Code: 17
H. B. No. 127 Page 2
As Introduced
(1) "Juvenile court" means whichever of the following is 18
applicable that has jurisdiction under this chapter and Chapter 19
2152. of the Revised Code: 20
(a) The division of the court of common pleas specified in 21
section 2101.022 or 2301.03 of the Revised Code as having 22
jurisdiction under this chapter and Chapter 2152. of the Revised 23
Code or as being the juvenile division or the juvenile division 24
combined with one or more other divisions; 25
(b) The juvenile court of Cuyahoga county or Hamilton 26
county that is separately and independently created by section 27
2151.08 or Chapter 2153. of the Revised Code and that has 28
jurisdiction under this chapter and Chapter 2152. of the Revised 29
Code; 30
(c) If division (A)(1)(a) or (b) of this section does not 31
apply, the probate division of the court of common pleas. 32
(2) "Juvenile judge" means a judge of a court having 33
jurisdiction under this chapter. 34
(3) "Private child placing agency" means any association, 35
as defined in section 5103.02 of the Revised Code, that is 36
certified under section 5103.03 of the Revised Code to accept 37
temporary, permanent, or legal custody of children and place the 38
children for either foster care or adoption. 39
(4) "Private noncustodial agency" means any person, 40
organization, association, or society certified by the 41
department of job and family services that does not accept 42
temporary or permanent legal custody of children, that is 43
privately operated in this state, and that does one or more of 44
the following: 45
(a) Receives and cares for children for two or more 46
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As Introduced
consecutive weeks; 47
(b) Participates in the placement of children in certified 48
foster homes; 49
(c) Provides adoption services in conjunction with a 50
public children services agency or private child placing agency. 51
(B) As used in this chapter: 52
(1) "Adequate parental care" means the provision by a 53
child's parent or parents, guardian, or custodian of adequate 54
food, clothing, and shelter to ensure the child's health and 55
physical safety and the provision by a child's parent or parents 56
of specialized services warranted by the child's physical or 57
mental needs. 58
(2) "Adult" means an individual who is eighteen years of 59
age or older. 60
(3) "Agreement for temporary custody" means a voluntary 61
agreement authorized by section 5103.15 of the Revised Code that 62
transfers the temporary custody of a child to a public children 63
services agency or a private child placing agency. 64
(4) "Alternative response" means the public children 65
services agency's response to a report of child abuse or neglect 66
that engages the family in a comprehensive evaluation of child 67
safety, risk of subsequent harm, and family strengths and needs 68
and that does not include a determination as to whether child 69
abuse or neglect occurred. 70
(5) "Certified foster home" means a foster home, as 71
defined in section 5103.02 of the Revised Code, certified under 72
section 5103.03 of the Revised Code. 73
(6) "Child" means a person who is under eighteen years of 74
H. B. No. 127 Page 4
As Introduced
age, except that the juvenile court has jurisdiction over any 75
person who is adjudicated an unruly child prior to attaining 76
eighteen years of age until the person attains twenty-one years 77
of age, and, for purposes of that jurisdiction related to that 78
adjudication, a person who is so adjudicated an unruly child 79
shall be deemed a "child" until the person attains twenty-one 80
years of age. 81
(7) "Child day camp," "child care," "child day-care 82
center," "part-time child day-care center," "type A family day- 83
care home," "licensed type B family day-care home," "type B 84
family day-care home," "administrator of a child day-care 85
center," "administrator of a type A family day-care home," and 86
"in-home aide" have the same meanings as in section 5104.01 of 87
the Revised Code. 88
(8) "Child care provider" means an individual who is a 89
child-care staff member or administrator of a child day-care 90
center, a type A family day-care home, or a type B family day- 91
care home, or an in-home aide or an individual who is licensed, 92
is regulated, is approved, operates under the direction of, or 93
otherwise is certified by the department of job and family 94
services, department of developmental disabilities, or the early 95
childhood programs of the department of education. 96
(9) "Commit" means to vest custody as ordered by the 97
court. 98
(10) "Counseling" includes both of the following: 99
(a) General counseling services performed by a public 100
children services agency or shelter for victims of domestic 101
violence to assist a child, a child's parents, and a child's 102
siblings in alleviating identified problems that may cause or 103
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As Introduced
have caused the child to be an abused, neglected, or dependent 104
child. 105
(b) Psychiatric or psychological therapeutic counseling 106
services provided to correct or alleviate any mental or 107
emotional illness or disorder and performed by a licensed 108
psychiatrist, licensed psychologist, or a person licensed under 109
Chapter 4757. of the Revised Code to engage in social work or 110
professional counseling. 111
(11) "Custodian" means a person who has legal custody of a 112
child or a public children services agency or private child 113
placing agency that has permanent, temporary, or legal custody 114
of a child. 115
(12) "Delinquent child" has the same meaning as in section 116
2152.02 of the Revised Code. 117
(13) "Detention" means the temporary care of children 118
pending court adjudication or disposition, or execution of a 119
court order, in a public or private facility designed to 120
physically restrict the movement and activities of children. 121
(14) "Developmental disability" has the same meaning as in 122
section 5123.01 of the Revised Code. 123
(15) "Differential response approach" means an approach 124
that a public children services agency may use to respond to 125
accepted reports of child abuse or neglect with either an 126
alternative response or a traditional response. 127
(16) "Foster caregiver" has the same meaning as in section 128
5103.02 of the Revised Code. 129
(17) "Guardian" means a person, association, or 130
corporation that is granted authority by a probate court 131
H. B. No. 127 Page 6
As Introduced
pursuant to Chapter 2111. of the Revised Code to exercise 132
parental rights over a child to the extent provided in the 133
court's order and subject to the residual parental rights of the 134
child's parents. 135
(18) "Habitual truant" means any child of compulsory 136
school age who is absent without legitimate excuse for absence 137
from the public school the child is supposed to attend for 138
thirty or more consecutive hours, forty-two or more hours in one 139
school month, or seventy-two or more hours in a school year. 140
(19) "Intellectual disability" has the same meaning as in 141
section 5123.01 of the Revised Code. 142
(20) "Juvenile traffic offender" has the same meaning as 143
in section 2152.02 of the Revised Code. 144
(21) "Legal custody" means a legal status that vests in 145
the custodian the right to have physical care and control of the 146
child and to determine where and with whom the child shall live, 147
and the right and duty to protect, train, and discipline the 148
child and to provide the child with food, shelter, education, 149
and medical care, all subject to any residual parental rights, 150
privileges, and responsibilities. An individual granted legal 151
custody shall exercise the rights and responsibilities 152
personally unless otherwise authorized by any section of the 153
Revised Code or by the court. 154
(22) A "legitimate excuse for absence from the public 155
school the child is supposed to attend" includes, but is not 156
limited to, any of the following: 157
(a) The fact that the child in question has enrolled in 158
and is attending another public or nonpublic school in this or 159
another state; 160
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As Introduced
(b) The fact that the child in question is excused from 161
attendance at school for any of the reasons specified in section 162
3321.04 of the Revised Code or is exempt from attendance at 163
school under section 3321.042 of the Revised Code; 164
(c) The fact that the child in question has received an 165
age and schooling certificate in accordance with section 3331.01 166
of the Revised Code. 167
(23) "Mental illness" has the same meaning as in section 168
5122.01 of the Revised Code. 169
(24) "Mental injury" means any behavioral, cognitive, 170
emotional, or mental disorder in a child caused by an act or 171
omission that is described in section 2919.22 of the Revised 172
Code and is committed by the parent or other person responsible 173
for the child's care. 174
(25) "Nonsecure care, supervision, or training" means 175
care, supervision, or training of a child in a facility that 176
does not confine or prevent movement of the child within the 177
facility or from the facility. 178
(26) "Of compulsory school age" has the same meaning as in 179
section 3321.01 of the Revised Code. 180
(27) "Organization" means any institution, public, 181
semipublic, or private, and any private association, society, or 182
agency located or operating in the state, incorporated or 183
unincorporated, having among its functions the furnishing of 184
protective services or care for children, or the placement of 185
children in certified foster homes or elsewhere. 186
(28) "Out-of-home care" means detention facilities, 187
shelter facilities, certified children's crisis care facilities, 188
certified foster homes, placement in a prospective adoptive home 189
H. B. No. 127 Page 8
As Introduced
prior to the issuance of a final decree of adoption, 190
organizations, certified organizations, child day-care centers, 191
type A family day-care homes, type B family day-care homes, 192
child care provided by in-home aides, group home providers, 193
group homes, institutions, state institutions, residential 194
facilities, residential care facilities, residential camps, day 195
camps, private, nonprofit therapeutic wilderness camps, public 196
schools, chartered nonpublic schools, educational service 197
centers, hospitals, and medical clinics that are responsible for 198
the care, physical custody, or control of children. 199
(29) "Out-of-home care child abuse" means any of the 200
following when committed by a person responsible for the care of 201
a child in out-of-home care: 202
(a) Engaging in sexual activity with a child in the 203
person's care; 204
(b) Denial to a child, as a means of punishment, of proper 205
or necessary subsistence, education, medical care, or other care 206
necessary for a child's health; 207
(c) Use of restraint procedures on a child that cause 208
injury or pain; 209
(d) Administration of prescription drugs or psychotropic 210
medication to the child without the written approval and ongoing 211
supervision of a licensed physician; 212
(e) Commission of any act, other than by accidental means, 213
that results in any injury to or death of the child in out-of- 214
home care or commission of any act by accidental means that 215
results in an injury to or death of a child in out-of-home care 216
and that is at variance with the history given of the injury or 217