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Bill Summary · HB 899

Overview

House Bill 899 (HB 899), introduced in the 136th Ohio General Assembly, would require foster caregivers to securely store firearms in foster homes and establish privacy protections around firearm-related information held by child welfare agencies. The bill also reorganizes and updates public records provisions, including a repeal and replacement of section 149.43 with a broader, clarified public records framework.

Main purpose and intent

  • Ensure that firearms in foster homes are securely stored to protect children in foster care.
  • Prohibit public agencies from adopting rules that would bar foster caregivers from possessing firearms, provided they are legally permitted to do so.
  • Strengthen privacy protections around information on firearms in foster homes and limit the disclosure of such information.
  • Clarify public records rules and procedures, including costs, redactions, and remedies for failure to comply with public records requests.

Key provisions and changes

  • Sec. 5103.164 (new) firearm storage in foster homes:

    • A foster caregiver may possess a firearm if legally allowed.
    • The firearm must be stored in a locked container, locked safe, locked cabinet, or secured with a trigger locking device.
    • Ammunition may be stored with the firearm in the same container only if the firearm has a trigger lock.
    • Agencies may not require disclosure of the specific make, model, or serial number of a firearm.
    • Information about the presence of firearms in a foster home may be used only to verify compliance and not publicly disclosed, except as required by law.
    • Information about firearm presence is not a public record for public records purposes.
    • Civil penalties: the Department of Children and Youth Services (DCYS) or public children services agency could face civil damages up to $5,000 per violation, plus attorney’s fees and costs, for violations of this section.
    • The section does not create a duty to possess a firearm and does not override other firearm laws.

  • Sec. 149.43 (amended/repealed and replaced):

    • The bill repeals the existing public records section and replaces it with updated rules governing access, responses, redactions, costs, and remedies.
    • Retains the general framework that public records should be promptly available, with cost-based charges for copies and specific provisions for video records.
    • Expands and clarifies procedures for handling redactions, exemptions, and the potential for mandamus actions to compel compliance.
    • Establishes training requirements for public officials on open records obligations and requires public offices to adopt and post public records policies.

Who is affected

  • Foster caregivers and prospective foster caregivers in Ohio.
  • The Ohio Department of Children and Youth (DCYS) and public children services agencies.
  • Public records officers and agencies statewide, including compliance staff and attorney general guidance.
  • Journalists and members of the public seeking access to public records (with detailed procedures and exemptions).

Procedural and timeline aspects

  • The bill outlines processes for responding to public records requests, cost recovery for video records (with specific caps), and timelines for compliance and mandamus actions.
  • Training requirements for elected officials and public offices are specified, including attendance and certification.
  • The act would repeal the current section 149.43 and replace it with the revised framework simultaneously with the firearm storage provisions.

Potential impact

  • Strengthens safety in foster homes by ensuring firearms are securely stored.
  • Enhances privacy protections around firearm information in foster homes, reducing unnecessary disclosure.
  • Introduces civil liability for agencies that fail to comply with firearm storage requirements.
  • Clarifies and strengthens public records administration, potentially increasing transparency while protecting sensitive information.

Compiled from official sources — confirm details with the bill’s official record.

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