HB 446 CONCERNS IDENTIFIED BY STAKEHOLDERS (as of 3/23/10)
1. HB 446 is Worded In a Manner that It Seeks to Enforce Ohio Law on Non-Ohio Entities
Section 3109.90 (A) implies that out-of-state entities must comply with Ohio law and regulations if
they receive an Ohio child for placement. Since out-of-state entities are inherently exempt from
another state’s laws, this section of the bill should be amended to clarify.
OACCA Response: We recommend that the bill be amended to clarify that Ohio agencies shall not
place a child into an out-of-state entity that is not eligible to receive the child. In other words, HB
446 should technically enforce Ohio law and regulations on Ohio placing agencies, not out-of-state
receiving agencies.
2. Duties Could be Delegated to Local County Agencies
HB 446 does not explicitly prohibit ODJFS or ODMH from delegating responsibility for enforcement
of the bill’s provisions to county custodial agencies.
OACCA Response: Juvenile courts and children services agencies lack resources to enforce the HB
446 provisions. Enforcement should be centralized in state agencies that have responsibility for
child protection and the licensing of child serving agencies. We recommend that HB 446 be
amended to specify that the state agencies may not promulgate rules to delegate any enforcement
provision included in the legislation to local agencies under their jurisdiction.
3. HB 446 Could be Applicable to Kinship, Foster, and Adoptive Placements
HB 446 as introduced was not originally intended to apply to the placement of Ohio children into
foster homes, kinship homes, or pre-adoptive or adoptive homes that are located out-of-state. It is
unclear if the bill does in fact apply to these placements. If it does, it is unclear if the bill would
have any tangible effect on those placements.
OACCA Response: This issue needs to be addressed by ODJFS to understand if the bill, as introduced,
will have any effect on these placements. We do not believe it is necessary to apply the
requirements of HB 446 to these placements. Instead, it is necessary for the bill to apply to
residential and group home placements only.
4. Without a Phase-In, Enactment May Cause Initial Undue Burden On State Departments
The bill does not currently address how these changes would be phased into practice. The bill does
not intend to mandate immediate placement disruptions upon enactment.
OACCA Response: We recommend that HB 446 be amended to specify that enforcement of the bill’s
provisions by the state departments will be phased in over a period of time. We suggest that the
departments submit a recommended phase-in period to the sponsor.
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5. Should ODJFS-ODMH Oversee Out-of-State Commitments/Detention Holding Settings
The bill gives ODJFS and ODMH responsibility to enforce its provisions on out-of-state placements,
commitments, and detention holdings. It is expected that the vast majority of these placement
settings will be settings equivalent to in-state children’s residential centers. However, some of the
out-of-state settings may more closely resemble in-state detention facilities. Since ODJFS and
ODMH are not involved in licensing or certifying in-state detention facilities, they may not be the
appropriate entity to enforce this aspect of HB 446.
OACCA Response: No, OACCA believes that it is not necessary to apply the requirements of HB 446
to these types of placements. It is our understanding that out-of-state commitments and detention
holdings occur rarely. Further, ODJFS and ODMH lack the expertise to determine if an out-of-state
detention center meets Ohio standards for detention as these departments do not oversee those
settings. (There is no state department that oversees the settings -- local juvenile courts do.)
6. Should ODJFS-ODMH Oversee Out-of-State Placements of Developmentally Disabled Children
The bill gives ODJFS and ODMH responsibility to enforce its provisions on out-of-state placements of
children, which would include children who receive services through local DD boards. While many
of these children are served in facilities that fall under the purview of ODJFS or ODMH, some are
actually served through ODDD certified or licensed agencies. (Note: 5101:2-1-01 of the Ohio
Revised Code specifies that placements into DD agencies do not occur through the ICPC law.)
OACCA Response: Yes, OACCA recommends that ODDD be added to the list of state agencies
responsible for enforcement of HB 446 as it relates to their in-state regulatory responsibilities for DD
agencies.
7. Out-of-State Agencies May Increase the Cost of Serving Ohio Children if Charged Compliance Fees
Since the bill authorizes state departments to charge any applicable fee to an out-of-state agency
that receives an Ohio child for placement, out-of-state agencies may offset this fee by increasing
their cost of care.
OACCA Response: There is no way of knowing if this hypothetical situation would occur.
8. HB 446 Could Prevent Placement of Ohio Children Into Out-of-State Agencies That Have Not
Sought Approval to Receive Ohio Children
Since county custodial agencies must sometimes make emergency placements of children into
residential centers, this time period may not be sufficient for an out-of-state agency to be reviewed
for compliance.
OACCA Response: We expect that any out-of-state agency that plans or hopes to receive Ohio
children for placement would have sought compliance approval from our state in advance. We also
expect that Ohio county custodial agencies that plan to place a child into one of these agencies
would urge them to apply for compliance ahead of time.
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Further, when a county custodial agency must make an emergency placement of a child who
requires a therapeutic level of care, there are many residential centers, emergency shelter care
facilities, and treatment-level respite foster homes in Ohio that may be suitable to provide short
term care for the child while the county explores long term placement options. In fact, many
counties have contracts with privately-operated residential centers for shelter and residential care
that stipulate “no reject” admission policies. The legislation also provides state department
flexibility to promulgate rules to address this type of issue. (Perhaps the state departments would
promulgate rules to develop an expedited approval process for out-of-state entities who wish to
receive emergency placements of Ohio children.)
9. PNAs Should Not be Listed as an Applicable Placing Agency
Section 3109.90 (E) includes under the list of custodial placing agencies a “private non-custodial
agency”, even though PNAs lack the legal function of placing children.
OACCA Response: While inclusion of PNAs will not have an effect, the reference should be removed
as a technical amendment so as to not cause confusion.
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