This letter transmits changes to the Ohio Administrative Code due to the enactment of House Bill 660 (the Act). The enactment of this legislation created a "safe haven" from prosecution for the parents of a child who is less than 72 hours old and the child is delivered unharmed to a specified person. The act defines a deserted child as "a child whose parent has voluntarily delivered the child to an emergency medical service worker, peace officer, or hospital employee without expressing an intent to return for the child". Certain duties are imposed upon law enforcement agencies, hospitals, emergency medical service organizations, and public children services agencies regarding the care, custody, and treatment of the child. The courts, public children services agencies, or private child placing agencies are to treat the child in the same manner as a child adjudicated as a neglected child under the Ohio Juvenile Code. The Act sets forth specific provisions in the event the parent returns and wishes to be reunited with the child. The courts must require that person, at that person's expense, to submit to a DNA test if that person claims to be the parent and seeks to be reunited with the deserted child.

The Act requires the department to create a "Voluntary Medical Form" (under separate cover) that may be filled out by the parent delivering the child. In addition, the department must develop materials that can be given to the parent describing services available to assist parents and newborns. The Act further provides that no person may do any of the following with respect to a parent who voluntarily delivers a child under the act:

• Coerce or otherwise try to force the parent into revealing the identity of the child's parents;
• Pursue or follow the parent after the parent leaves the place at which the child was delivered;
• Coerce or otherwise try to force the parent not to desert the child;
• Coerce or otherwise try to force the parent to complete all or any part of the medical information forms provided to the parent by the person to whom the parent delivers the child;
• Coerce or otherwise try to force the parent to accept the materials that describe services available to assist parents and newborns from the person to whom the parent delivers the child.

The Act provides that, if the child has been abused, neglected, or delivered in a manner other than as specified in the Act the following apply:

• the parent does not have the right to remain anonymous and may be subject to arrest;
• the person who delivers the child may be forced to reveal the identity of the child's parents and may be pursued or followed;
• the person to whom the child is delivered must attempt to identify and pursue the person who delivered the child; and
• the person who delivers the child will not have civil or criminal immunity as provided by the Act.

Also included in this transmittal are changes to the Administrative Code regarding the face to face contacts with each parent, guardian or custodian and child listed on the JFS 01444 made by the PCSA and procedures for case closure. These changes are found in OAC rule 5101:2-39-081.

The expected effective date of the enclosed rules is December 1, 2001. A brief explanation of each of the rule revisions appears in the following table.

INSTRUCTIONS

The following chart depicts what materials are to be removed from the Family, Children and Adult Services Manual (FCASM) and what materials are to be inserted in the FCASM