Legislative wrap-up: How did children services legislation fare in the 135th General Assembly?

PCSAO reviews key child welfare legislation and advocates for sound public policy, based on member priorities and Trustee approval. Below is a summary of bills that passed — as well as those that did not pass — during the 135th General Assembly that ended in December that impact public children services agencies and the work they do.

BILLS THAT PASSED
HB5, Modernize the adoption process. Sponsors: Rep. Sharon Ray (R), Rachel Baker (D)

PCSAO position: Monitor

Signed by Gov. DeWine on Dec. 19, 2024.

Makes various changes to Ohio’s Adoption Law, including the following:

  • Permits a public children services agency (PCSA) or private child placing agency (PCPA) to accept the voluntary permanent surrender of a child by the child’s parents while the child is in the agency’s temporary custody;
  • Makes changes to the requirements governing who may adopt and requires spousal consent (instead of support) in certain cases;
  • Permits adult adoption of a person with a developmental disability (rather than solely an intellectual disability as in current law);
  • Makes various changes to provisions governing consent to adoption and when consent is not required;
  • Requires the court to apply the amount of time a child has lived in the home of a child’s relative, kinship caregiver, legal custodian, or guardian (in addition to the child’s foster caregiver in continuing law) who is adopting the child prior to the date that person filed the adoption period toward the six-month waiting period required before an adoption is final;
  • Requires the court to notify any agency with permanent custody of the child to be adopted of an adoption petition filing and the adoption hearing;
  • Makes changes to the language required in notices of the filing of an adoption petition and to certain requirements of adoption proceedings regarding closed hearings and recordkeeping;
  • Increases to $6,000, from $3,000, the maximum amount that an adoption petitioner may disburse to the birth mother for living expenses incurred during pregnancy;
  • Permits a court to reconsider and vacate the adoption decree of a child if there is clear and convincing evidence the child was a victim of trafficking in persons;
  • Makes various other changes regarding the issuance and appeal of adoption decrees; Allows for a foreign decree of adoption to be accepted and considered final in Ohio if certain conditions are met, rather than requiring the adoptive parent to petition the court for finalization of the adoption;
  • Applies the best interest factors set forth in continuing law governing contested adoptions to other continuing Adoption Law provisions where “best interest” is not defined in current law;
  • Adds and removes adoptions by certain individuals (e.g., by a child’s adult sibling or grandparent) as being exempt from aspects of the adoption procedure;
  • Recodifies certain Adoption Law provisions, defines terms used in continuing law, and makes other updates

Use of county credit cards — provisions included in HB33, Establishes operating appropriations for fiscal years 2024-2025. Sponsor: Rep. Jay Edwards (R)

  • House Bill 33 allows counties to use credit cards for any work-related expense serving a public purpose, provided funds are available and purchases follow adopted policies.
  • Boards of commissioners must develop detailed policies in consultation with the county auditor, including procedures for receipts and user authorization.
  • Misuse results in personal liability, and spending must stay within appropriated funds.
  • Counties are encouraged to designate authorized users, set spending limits, and implement training and audits.

See CCAO bulletin for more information.

HB68, Enact Ohio Saving Adolescents from Experimentation (SAFE) Act. Sponsor: Rep. Gary Click (R)

PCSAO position:  Oppose

Gov. DeWine originally vetoed this bill but the general assembly secured the necessary majority votes to override Governor DeWine’s veto, resulting in the passage of HB68 Effective April 24, 2024.

SAFE provisions:

  • Prohibits physicians from performing gender reassignment surgeries, prescribing cross-sex hormones, or providing puberty blockers to minors for gender transition purposes, with exceptions for ongoing prescriptions under specific conditions after the act’s effective date.
  • Requires parental or guardian consent and comprehensive screening for comorbidities, abuse, or trauma before mental health professionals can diagnose or treat minors for gender-related conditions.
  • Prohibits Medicaid coverage of gender transition services for minors and penalizes violations by medical or mental health professionals.
  • Ensures parental rights are not limited or denied based on decisions regarding their child’s gender identity or transition.
  • Declares the act as the Ohio Saving Adolescents from Experimentation (SAFE) Act and outlines the General Assembly’s findings on gender transition services for minors.

*Initially, the Save Women’s Sports Act was introduced as House Bill 6 (HB 6), but its provisions were later incorporated into House Bill 68 (HB 68) through an amendment.

Save Women’s Sports provisions:

  • Requires schools and colleges participating in interscholastic or collegiate athletics to designate single-sex athletic teams based on participants’ biological sex.
  • Prohibits male athletes from participating in female competitions and allows individuals to file civil actions if opportunities or safety are compromised due to violations or retaliation.
  • Bars adverse actions by state agencies, accrediting bodies, or athletic associations against institutions complying with the act.
  • Names these provisions the “Save Women’s Sports Act.”
 HB257, Authorize certain public bodies to meet virtually. Sponsor: Rep. James Hoops (R), Rep. Thaddeus Claggett

Signed by Gov. DeWine on Jan. 8, 2024

  • Authorizes members of certain public bodies to hold and attend meetings or hearings by video conference, provided specific policies and conditions are met.
  • Prohibits virtual meetings for votes on major nonroutine expenditures, significant hiring decisions, tax issues, or increases, or when board members are compensated or elected unless all parties consent or multiple public bodies are involved.
  • Allows virtual attendance for Joint Economic Development District (JEDD) board members for quorum and voting purposes under existing provisions.
  • Specifically permits virtual meetings for certain retirement boards, including the Public Employees Retirement System and Ohio Police and Fire Pension Fund
HB265, Exempt certain public service workers’ forms from disclosure. Sponsors: Rep. Scott Wiggan (R), Rep. Thomas Hall (R)

Signed by Gov. DeWine on Jan. 8, 2024

  • This bill directly impacts child protective caseworkers by safeguarding certain forms they complete from being disclosed as public records
  • Redaction requests, affidavits with sensitive personal details submitted to county auditors, and work schedules of public service workers are no longer subject to public records disclosure to enhance safety and security.
 HB315, Revise the township law. Sponsors: Rep. Thomas Hall (R), Rep. Bill Seitz (R)

Note:  HB315 became a “Christmas tree” bill in lame-duck with many provisions added during the conference process.  Most notably, Am Sub HB583, Express intent to increase accountability for group homes, as passed by the House Families and Aging Committee, was included into this bill and is now law.  See appendix for full provisions.

  • Includes HB583, Express intent to increase accountability for group homes (See Appendix attached)
  • Updates to the structure and authority of township boards and officials to improve administrative efficiency.
  • Modifications to zoning regulations, granting townships greater control over land development and use.
  • Adjustments to the management of services such as road maintenance, waste collection, and emergency response to better serve residents.
  • Reforms in budgeting and financial oversight to ensure fiscal responsibility and transparency.
Children services caseworker educational requirements – provisions included in HB497, Make various changes regarding county law. Sponsors: Rep. Brian Stewart (R), Rep. Roy Klopfenstein (R)

Signed by Gov. DeWine on Jan. 2, 2024; effective date April 2, 2025

  • House Bill 497 introduces various updates to improve the efficiency and effectiveness of county government operations. The Senate incorporated numerous amendments into the bill, which the House subsequently approved. Among these was a PCSAO-supported provision granting flexibility in caseworker educational requirements.
  • Allows a public children services agency (PCSA) to hire as a caseworker a person who has completed at least 60 credit hours or the equivalent towards a degree in human services related studies.
  • Allows a PCSA director, at their discretion, to exempt a PCSA caseworker from the requirement to obtain a job-related bachelor’s degree within five years of employment if the caseworker demonstrates hardship and is determined to be in good standing.
 BILLS THAT DID NOT PASS

The chart below highlights children services-related bills from the 135th General Assembly that did not pass:

Bill Synopsis
Under Review by Legislative Committee
HB1 – Property, income tax changes Sponsor: Adam Mathews (R) To modify the law regarding property taxation and income tax rates.
HB14 – Child custody Sponsors: Rodney Creech (R) and Marilyn S. John (R) Regarding the allocation of parental rights and responsibilities to grant equal time and responsibility for a child.
PCSAO Position: Support  
HB352 – Establish Adverse Childhood Experiences Study Commission Sponsor Rachel B. Baker (D), Sarah P. Carruthers (R) To establish Adverse Childhood Experiences Study Commission
HB290 – Authorize the refundable thriving families tax credit Sponsors: Casey Weinstein (D) Lauren McNally (D) To authorize the refundable thriving families tax credit for certain income taxpayers with dependents who are minor children.
HB164 FOSTER-TO-COLLEGE PROGRAM Sponsors: Dontavious Jarrels (D)  William Seitz (R) Establish foster to college scholarship program
SB182 FOSTER-TO-COLLEGE PROGRAM Sponsor: Michelle Reynolds (R) Establish foster to college scholarship program
HB512 – Regards child emergency placement facilities, treatment solutions Sponsor: Gail Pavliga (R) Create a streamlined licensure process for emergency placement facilities for children and develop treatment and placement solutions
PCSAO:  No position (monitor)  
HB314 – Regards juvenile court transfer to juvenile’s home county Sponsor Adam Bird (R), Josh Williams (R) To repeal section 2151.271 of the Revised Code to remove the option for the juvenile court to transfer a proceeding against a juvenile to the county where the juvenile resides.
HB300 – Establish pilot program – remote treatment of opioid use disorder Sponsor Rachel Baker (R) Sharon A. Ray (R) To establish a pilot program for remote treatment of opioid use disorder and to make an appropriation.

 

HB615 – Regards certain children as in need of protective services Sponsor: Don Jones (R), Josh Williams (R) CHIPS
PCSAO Position:  Oppose  
HB344 – Eliminate replacement property tax levies; re: tax complaints Sponsor: Adam Matthews (R) Thomas Hall (R) To eliminate the authority to levy replacement property tax levies and to modify the law governing certain property tax complaints.