As Introduced                            1            

122nd General Assembly                                             4            

   Regular Session                                  S. B. No. 212  5            

      1997-1998                                                    6            


               SENATORS NEIN-KEARNS-LATTA-SWEENEY                  8            


                                                                   10           

                           A   B I L L                                          

             To amend sections 2151.011 and 2151.421 of the        12           

                Revised Code to require an administrator or        13           

                employee of a residential camp or a child day                   

                camp to report known or suspected child abuse to   14           

                the public children services agency or a                        

                municipal or county peace officer.                 15           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        16           

      Section 1.  That sections 2151.011 and 2151.421 of the       18           

Revised Code be amended to read as follows:                        19           

      Sec. 2151.011.  (A)  As used in the Revised Code:            28           

      (1)  "Juvenile court" means the division of the court of     30           

common pleas or a juvenile court separately and independently      31           

created having jurisdiction under this chapter.                    32           

      (2)  "Juvenile judge" means a judge of a court having        34           

jurisdiction under this chapter.                                   35           

      (3)  "Private child placing agency" means any association,   37           

as defined in section 5103.02 of the Revised Code, that is         38           

certified pursuant to sections 5103.03 to 5103.05 of the Revised   39           

Code to accept temporary, permanent, or legal custody of children  40           

and place the children for either foster care or adoption.         41           

      (4)  "Private noncustodial agency" means any person,         43           

organization, association, or society certified by the department  44           

of human services that does not accept temporary or permanent      45           

legal custody of children, that is privately operated in this      46           

state, and that does one or more of the following:                 47           

      (a)  Receives and cares for children for two or more         49           

                                                          2      

                                                                 
consecutive weeks;                                                 50           

      (b)  Participates in the placement of children in family     52           

foster homes;                                                      53           

      (c)  Provides adoption services in conjunction with a        55           

public children services agency or private child placing agency.   56           

      (B)  As used in this chapter:                                58           

      (1)  "Adequate parental care" means the provision by a       60           

child's parent or parents, guardian, or custodian of adequate      61           

food, clothing, and shelter to ensure the child's health and       62           

physical safety and the provision by a child's parent or parents   63           

of specialized services warranted by the child's physical or       64           

mental needs.                                                      65           

      (2)  "Adult" means an individual who is eighteen years of    67           

age or older.                                                      68           

      (3)  "Agreement for temporary custody" means a voluntary     70           

agreement authorized by section 5103.15 of the Revised Code that   72           

transfers the temporary custody of a child to a public children    73           

services agency or a private child placing agency.                 74           

      (4)  "Babysitting care" means care provided for a child      76           

while the parents, guardian, or legal custodian of the child are   77           

temporarily away.                                                  78           

      (5)  "Certified family foster home" means a family foster    80           

home operated by persons holding a certificate in force, issued    81           

under section 5103.03 of the Revised Code.                         82           

      (6)(a)  "Child" means a person who is under eighteen years   85           

of age, except as otherwise provided in divisions (B)(6)(b) to     86           

(f) of this section.                                               87           

      (b)  Subject to division (B)(6)(c) of this section, any      90           

person who violates a federal or state law or municipal ordinance  91           

prior to attaining eighteen years of age shall be deemed a                      

"child" irrespective of that person's age at the time the          92           

complaint is filed or the hearing on the complaint is held.        93           

      (c)  Any person who, while under eighteen years of age,      96           

commits an act that would be a felony if committed by an adult     97           

                                                          3      

                                                                 
and who is not taken into custody or apprehended for that act                   

until after the person attains twenty-one years of age is not a    98           

child in relation to that act.                                     99           

      (d)  Any person whose case is transferred for criminal       101          

prosecution pursuant to division (B) or (C) of section 2151.26 of  102          

the Revised Code shall after the transfer be deemed not to be a    103          

child in the transferred case.                                     104          

      (e)  Subject to division (B)(6)(f) of this section, any      107          

person whose case is transferred for criminal prosecution          108          

pursuant to division (B) or (C) of section 2151.26 of the Revised  109          

Code and who subsequently is convicted of or pleads guilty to a    110          

felony in that case shall after the transfer be deemed not to be   112          

a child in any case in which the person is alleged to have         114          

committed prior to or subsequent to the transfer an act that       116          

would be an offense if committed by an adult.  Division (B)(6)(e)  117          

of this section applies to a case regardless of whether the prior  120          

or subsequent act that is alleged in the case and that would be                 

an offense if committed by an adult allegedly was committed in     121          

the same county in which the case was transferred or in another    123          

county and regardless of whether the complaint in the case         124          

involved was filed in the same county in which the case was        125          

transferred or in another county.  Division (B)(6)(e) of this      126          

section applies to a case that involves an act committed prior to  127          

the transfer only when the prior act alleged in the case has not   128          

been disposed of by a juvenile court or trial court.               129          

      (f)  Notwithstanding division (B)(6)(e) of this section, if  132          

a person's case is transferred for criminal prosecution pursuant   133          

to division (B) or (C) of section 2151.26 of the Revised Code and  134          

if the person subsequently is convicted of or pleads guilty to a   135          

felony in that case, thereafter, the person shall be considered a  136          

child solely for the following purposes in relation to any act                  

the person subsequently commits that would be an offense if        137          

committed by an adult:                                             138          

      (i)  For purposes of the filing of a complaint alleging      140          

                                                          4      

                                                                 
that the child is a delinquent child for committing the act that   141          

would be an offense if committed by an adult;                      142          

      (ii)  For purposes of the juvenile court conducting a        144          

hearing under division (B) of section 2151.26 of the Revised Code  146          

relative to the complaint described in division (B)(6)(f)(i) of    147          

this section to determine whether division (B)(1) of section       148          

2151.26 of the Revised Code applies and requires that the case be  150          

transferred for criminal prosecution to the appropriate court      151          

having jurisdiction of the offense.                                             

      (7)  "Child day camp," "child day-care," "child day-care     154          

center," "part-time child day-care center," "type A family         157          

day-care home," "certified type B family day-care home," "type B   158          

home," "administrator of a child day-care center," "administrator  160          

of a type A family day-care home," "in-home aide," and             161          

"authorized provider" have the same meanings as in section         162          

5104.01 of the Revised Code.                                                    

      (8)  "Child day-care provider" means an individual who is a  165          

child-care staff member or administrator of a child day-care                    

center, a type A family day-care home, or a type B family          166          

day-care home, or an in-home aide or an individual who is          167          

licensed, is regulated, is approved, operates under the direction  168          

of, or otherwise is certified by the department of human           169          

services, department of mental retardation and developmental       170          

disabilities, or the early childhood programs of the department    171          

of education.                                                      172          

      (9)  "Commit" means to vest custody as ordered by the        174          

court.                                                             175          

      (10)  "Counseling" includes both of the following:           177          

      (a)  General counseling services performed by a public       180          

children services agency or shelter for victims of domestic        181          

violence to assist a child, a child's parents, and a child's       182          

siblings in alleviating identified problems that may cause or      184          

have caused the child to be an abused, neglected, or dependent     185          

child.                                                                          

                                                          5      

                                                                 
      (b)  Psychiatric or psychological therapeutic counseling     188          

services provided to correct or alleviate any mental or emotional  190          

illness or disorder and performed by a licensed psychiatrist,                   

licensed psychologist, or a person licensed under Chapter 4757.    191          

of the Revised Code to engage in social work or professional       192          

counseling.                                                                     

      (11)  "Custodian" means a person who has legal custody of a  194          

child or a public children services agency or private child        195          

placing agency that has permanent, temporary, or legal custody of  196          

a child.                                                           197          

      (12)  "Detention" means the temporary care of children       199          

pending court adjudication or disposition, or execution of a       200          

court order, in a public or private facility designed to           201          

physically restrict the movement and activities of children.       202          

      (13)  "Developmental disability" has the same meaning as in  205          

section 5123.01 of the Revised Code.                               206          

      (14)  "Family foster home" means a private residence in      208          

which children are received apart from their parents, guardian,    209          

or legal custodian by an individual for hire, gain, or reward for  210          

nonsecure care, supervision, or training twenty-four hours a day.  211          

"Family foster home" does not include babysitting care provided    212          

for a child in the home of a person other than the home of the     213          

parents, guardian, or legal custodian of the child.                214          

      (15)  "Foster home" means a family home in which any child   216          

is received apart from the child's parents for care, supervision,  217          

or training.                                                       219          

      (16)  "Guardian" means a person, association, or             221          

corporation that is granted authority by a probate court pursuant  222          

to Chapter 2111. of the Revised Code to exercise parental rights   223          

over a child to the extent provided in the court's order and       224          

subject to the residual parental rights of the child's parents.    225          

      (17)  "Legal custody" means a legal status that vests in     227          

the custodian the right to have physical care and control of the   228          

child and to determine where and with whom the child shall live,   229          

                                                          6      

                                                                 
and the right and duty to protect, train, and discipline the       231          

child and to provide the child with food, shelter, education, and  232          

medical care, all subject to any residual parental rights,         234          

privileges, and responsibilities.  An individual granted legal     235          

custody shall exercise the rights and responsibilities personally  236          

unless otherwise authorized by any section of the Revised Code or  237          

by the court.                                                      238          

      (18)  "Long-term foster care" means an order of a juvenile   240          

court pursuant to which both of the following apply:               241          

      (a)  Legal custody of a child is given to a public children  243          

services agency or a private child placing agency without the      244          

termination of parental rights.                                    245          

      (b)  The agency is permitted to make an appropriate          247          

placement of the child and to enter into a written long-term       248          

foster care agreement with a foster care provider or with another  249          

person or agency with whom the child is placed.                    250          

      (19)  "Mental illness" and "mental MENTALLY ill person       252          

subject to hospitalization by court order" have the same meanings  254          

as in section 5122.01 of the Revised Code.                         255          

      (20)  "Mental injury" means any behavioral, cognitive,       257          

emotional, or mental disorder in a child caused by an act or       258          

omission that is described in section 2919.22 of the Revised Code  259          

and is committed by the parent or other person responsible for     261          

the child's care.                                                               

      (21)  "Mentally retarded person" has the same meaning as in  263          

section 5123.01 of the Revised Code.                               264          

      (22)  "Nonsecure care, supervision, or training" means       266          

care, supervision, or training of a child in a facility that does  267          

not confine or prevent movement of the child within the facility   268          

or from the facility.                                              269          

      (23)  "Organization" means any institution, public,          271          

semipublic, or private, and any private association, society, or   272          

agency located or operating in the state, incorporated or          273          

unincorporated, having among its functions the furnishing of       274          

                                                          7      

                                                                 
protective services or care for children, or the placement of      275          

children in foster homes or elsewhere.                             276          

      (24)  "Out-of-home care" means detention facilities,         278          

shelter facilities, foster homes, certified foster homes,          279          

placement in a prospective adoptive home prior to the issuance of  280          

a final decree of adoption, organizations, certified               281          

organizations, child day-care centers, type A family day-care      282          

homes, child day-care provided by type B family day-care home      283          

providers and by in-home aides, group home providers, group        284          

homes, institutions, state institutions, residential facilities,   285          

residential care facilities, residential camps, day camps,         286          

hospitals, and medical clinics that are responsible for the care,  287          

physical custody, or control of children.                          288          

      (25)  "Out-of-home care child abuse" means any of the        290          

following when committed by a person responsible for the care of   291          

a child in out-of-home care:                                       292          

      (a)  Engaging in sexual activity with a child in the         294          

person's care;                                                     295          

      (b)  Denial to a child, as a means of punishment, of proper  297          

or necessary subsistence, education, medical care, or other care   298          

necessary for a child's health;                                    299          

      (c)  Use of restraint procedures on a child that cause       301          

injury or pain;                                                    302          

      (d)  Administration of prescription drugs or psychotropic    304          

medication to the child without the written approval and ongoing   305          

supervision of a licensed physician;                               306          

      (e)  Commission of any act, other than by accidental means,  308          

that results in any injury to or death of the child in             309          

out-of-home care or commission of any act by accidental means      310          

that results in an injury to or death of a child in out-of-home    311          

care and that is at variance with the history given of the injury  312          

or death.                                                                       

      (26)  "Out-of-home care child neglect" means any of the      314          

following when committed by a person responsible for the care of   315          

                                                          8      

                                                                 
a child in out-of-home care:                                       316          

      (a)  Failure to provide reasonable supervision according to  318          

the standards of care appropriate to the age, mental and physical  319          

condition, or other special needs of the child;                    320          

      (b)  Failure to provide reasonable supervision according to  322          

the standards of care appropriate to the age, mental and physical  323          

condition, or other special needs of the child, that results in    324          

sexual or physical abuse of the child by any person;               325          

      (c)  Failure to develop a process for all of the following:  327          

      (i)  Administration of prescription drugs or psychotropic    329          

drugs for the child;                                               330          

      (ii)  Assuring that the instructions of the licensed         332          

physician who prescribed a drug for the child are followed;        333          

      (iii)  Reporting to the licensed physician who prescribed    335          

the drug all unfavorable or dangerous side effects from the use    336          

of the drug.                                                       337          

      (d)  Failure to provide proper or necessary subsistence,     339          

education, medical care, or other individualized care necessary    340          

for the health or well-being of the child;                         341          

      (e)  Confinement of the child to a locked room without       343          

monitoring by staff;                                               344          

      (f)  Failure to provide ongoing security for all             346          

prescription and nonprescription medication;                       347          

      (g)  Isolation of a child for a period of time when there    349          

is substantial risk that the isolation, if continued, will impair  350          

or retard the mental health or physical well-being of the child.   351          

      (27)  "Permanent custody" means a legal status that vests    353          

in a public children services agency or a private child placing    354          

agency, all parental rights, duties, and obligations, including    355          

the right to consent to adoption, and divests the natural parents  356          

or adoptive parents of all parental rights, privileges, and        358          

obligations, including all residual rights and obligations.                     

      (28)  "Permanent surrender" means the act of the parents     360          

or, if a child has only one parent, of the parent of a child, by   361          

                                                          9      

                                                                 
a voluntary agreement authorized by section 5103.15 of the         363          

Revised Code, to transfer the permanent custody of the child to a               

public children services agency or a private child placing         364          

agency.                                                            365          

      (29)  "Person responsible for a child's care in out-of-home  367          

care" means any of the following:                                  368          

      (a)  Any foster parent, in-home aide, or provider;           370          

      (b)  Any administrator, employee, or agent of any of the     372          

following:  a public or private detention facility; shelter        373          

facility; organization; certified organization; child day-care     374          

center; type A family day-care home; certified type B family       375          

day-care home; group home; institution; state institution;         376          

residential facility; residential care facility; residential       377          

camp; day camp; hospital; or medical clinic;                       378          

      (c)  Any other person who performs a similar function with   380          

respect to, or has a similar relationship to, children.            381          

      (30)  "Physically impaired" means having one or more of the  384          

following conditions that substantially limit one or more of an    385          

individual's major life activities, including self-care,                        

receptive and expressive language, learning, mobility, and         386          

self-direction:                                                                 

      (a)  A substantial impairment of vision, speech, or          388          

hearing;                                                                        

      (b)  A congenital orthopedic impairment;                     390          

      (c)  An orthopedic impairment caused by disease, rheumatic   393          

fever or any other similar chronic or acute health problem, or     394          

amputation or another similar cause.                                            

      (31)  "Placement for adoption" means the arrangement by a    396          

public children services agency or a private child placing agency  397          

with a person for the care and adoption by that person of a child  398          

of whom the agency has permanent custody.                          399          

      (32)  "Placement for adoption IN FOSTER CARE" means the      401          

arrangement by a public children services agency or a private      402          

child placing agency for the out-of-home care of a child of whom   403          

                                                          10     

                                                                 
the agency has temporary custody or permanent custody.             404          

      (33)  "Practice of social work" and "practice of             406          

professional counseling" have the same meanings as in section      407          

4757.01 of the Revised Code.                                       408          

      (34)  "Probation" means a legal status created by court      410          

order following an adjudication that a child is a delinquent       411          

child, a juvenile traffic offender, or an unruly child, whereby    412          

the child is permitted to remain in the parent's, guardian's, or   413          

custodian's home subject to supervision, or under the supervision  414          

of any agency designated by the court and returned to the court    415          

for violation of probation at any time during the period of        416          

probation.                                                         417          

      (35)  "Protective supervision" means an order of             419          

disposition pursuant to which the court permits an abused,         420          

neglected, dependent, unruly, or delinquent child or a juvenile    421          

traffic offender to remain in the custody of the child's parents,  422          

guardian, or custodian and stay in the child's home, subject to    423          

any conditions and limitations upon the child, the child's         425          

parents, guardian, or custodian, or any other person that the      427          

court prescribes, including supervision as directed by the court   428          

for the protection of the child.                                   429          

      (36)  "Psychiatrist" has the same meaning as in section      431          

5122.01 of the Revised Code.                                       432          

      (37)  "Psychologist" has the same meaning as in section      434          

4732.01 of the Revised Code.                                       435          

      (38)  "Residential camp" means a public or private facility  437          

that engages IN or accepts the care, physical custody, or control  438          

of children during summer months and OVERNIGHT FOR RECREATIONAL    439          

OR RECREATIONAL AND EDUCATIONAL PURPOSES, INCLUDING A CAMP that    440          

is licensed, regulated, approved, operated under the direction     442          

of, or otherwise certified by the department of health or          443          

ACCREDITED BY the American camping association OR AUTHORIZED FOR   445          

OPERATION BY THE BOARD OF HEALTH OF A CITY OR GENERAL HEALTH                    

DISTRICT OR THE AUTHORITY HAVING THE DUTIES OF A BOARD OF HEALTH   446          

                                                          11     

                                                                 
IN ANY CITY AS AUTHORIZED BY SECTION 3709.05 OF THE REVISED CODE.  447          

      (39)  "Residential care facility" means an institution,      449          

residence, or facility that is licensed by the department of       450          

mental health under section 5119.22 of the Revised Code and that   451          

provides care for a child.                                         452          

      (40)  "Residential facility" means a home or facility that   454          

is licensed by the department of mental retardation and            455          

developmental disabilities under section 5123.19 of the Revised    456          

Code and in which a child with a developmental disability          457          

resides.                                                           458          

      (41)  "Residual parental rights, privileges, and             460          

responsibilities" means those rights, privileges, and              461          

responsibilities remaining with the natural parent after the       462          

transfer of legal custody of the child, including, but not         463          

necessarily limited to, the privilege of reasonable visitation,    464          

consent to adoption, the privilege to determine the child's        465          

religious affiliation, and the responsibility for support.         466          

      (42)  "Secure correctional facility" means a facility under  469          

the direction of the department of youth services that is                       

designed to physically restrict the movement and activities of     470          

children and used for the placement of children after              471          

adjudication and disposition.                                                   

      (43)  "Sexual activity" has the same meaning as in section   473          

2907.01 of the Revised Code.                                       474          

      (44)  "Shelter" means the temporary care of children in      476          

physically unrestricted facilities pending court adjudication or   477          

disposition.                                                       478          

      (45)  "Shelter for victims of domestic violence" has the     480          

same meaning as in section 3113.33 of the Revised Code.            481          

      (46)  "Temporary custody" means legal custody of a child     483          

who is removed from the child's home, which custody may be         484          

terminated at any time at the discretion of the court or, if the   486          

legal custody is granted in an agreement for temporary custody,    487          

by the person who executed the agreement.                          488          

                                                          12     

                                                                 
      Sec. 2151.421.  (A)(1)(a)  No person described listed in     498          

division (A)(1)(b) of this section who is acting in an official    500          

or professional capacity and knows or suspects that a child under  501          

eighteen years of age or a mentally retarded, developmentally      503          

disabled, or physically impaired child under twenty-one years of   504          

age has suffered or faces a threat of suffering any physical or    505          

mental wound, injury, disability, or condition of a nature that    506          

reasonably indicates abuse or neglect of the child, shall fail to  507          

immediately report that knowledge or suspicion to the public       508          

children services agency or a municipal or county peace officer    510          

in the county in which the child resides or in which the abuse or  511          

neglect is occurring or has occurred.                                           

      (b)  Division (A)(1)(a) of this section applies to any       515          

person who is an attorney; physician, including a hospital intern  516          

or resident; dentist; podiatrist; practitioner of a limited        517          

branch of medicine or surgery as defined in section 4731.15 of     518          

the Revised Code; registered nurse; licensed practical nurse;      521          

visiting nurse; other health care professional; licensed           522          

psychologist; licensed school psychologist; speech pathologist or  523          

audiologist; coroner; administrator or employee of a child         524          

day-care center; ADMINISTRATOR OR EMPLOYEE OF A RESIDENTIAL CAMP   525          

OR CHILD DAY CAMP; administrator or employee of a certified child  526          

care agency or other public or private children services agency;   527          

school teacher; school employee; school authority; person engaged  528          

in social work or the practice of professional counseling; or a    529          

person rendering spiritual treatment through prayer in accordance  531          

with the tenets of a well-recognized religion.                                  

      (2)  An attorney or a physician is not required to make a    533          

report pursuant to division (A)(1) of this section concerning any  535          

communication the attorney or physician receives from a client or  538          

patient in an attorney-client or physician-patient relationship,   539          

if, in accordance with division (A) or (B) of section 2317.02 of   541          

the Revised Code, the attorney or physician could not testify      542          

with respect to that communication in a civil or criminal          543          

                                                          13     

                                                                 
proceeding, except that the client or patient is deemed to have    544          

waived any testimonial privilege under division (A) or (B) of      546          

section 2317.02 of the Revised Code with respect to that           548          

communication and the attorney or physician shall make a report    550          

pursuant to division (A)(1) of this section with respect to that   551          

communication, if all of the following apply:                                   

      (a)  The client or patient, at the time of the               553          

communication, is either a child under eighteen years of age or a  554          

mentally retarded, developmentally disabled, or physically         556          

impaired person under twenty-one years of age.                     557          

      (b)  The attorney of OR physician knows or suspects, as a    559          

result of the communication or any observations made during that   561          

communication, that the client or patient has suffered or faces a  562          

threat of suffering any physical or mental wound, injury,          564          

disability, or condition of a nature that reasonably indicates     565          

abuse or neglect of the client or patient.                         566          

      (c)  The attorney-client or physician-patient relationship   568          

does not arise out of the client's or patient's attempt to have    570          

an abortion without the notification of her parents, guardian, or  572          

custodian in accordance with section 2151.85 of the Revised Code.  573          

      (B)  Anyone, who knows or suspects that a child under        575          

eighteen years of age or a mentally retarded, developmentally      577          

disabled, or physically impaired person under twenty-one years of  578          

age has suffered or faces a threat of suffering any physical or    579          

mental wound, injury, disability, or other condition of a nature   580          

that reasonably indicates abuse or neglect of the child, may       581          

report or cause reports to be made of that knowledge or suspicion  582          

to the public children services agency or to a municipal or        584          

county peace officer.                                              585          

      (C)  Any report made pursuant to division (A) or (B) of      587          

this section shall be made forthwith either by telephone or in     588          

person and shall be followed by a written report, if requested by  590          

the receiving agency or officer.  The written report shall                      

contain:                                                           591          

                                                          14     

                                                                 
      (1)  The names and addresses of the child and the child's    593          

parents or the person or persons having custody of the child, if   594          

known;                                                                          

      (2)  The child's age and the nature and extent of the        596          

child's known or suspected injuries, abuse, or neglect or of the   597          

known or suspected threat of injury, abuse, or neglect, including  598          

any evidence of previous injuries, abuse, or neglect;              599          

      (3)  Any other information that might be helpful in          601          

establishing the cause of the known or suspected injury, abuse,    602          

or neglect or of the known or suspected threat of injury, abuse,   603          

or neglect.                                                        604          

      Any person, who is required by division (A) of this section  606          

to report known or suspected child abuse or child neglect, may     607          

take or cause to be taken color photographs of areas of trauma     608          

visible on a child and, if medically indicated, cause to be        609          

performed radiological examinations of the child.                  610          

      (D)(1)  Upon the receipt of a report concerning the          612          

possible abuse or neglect of a child or the possible threat of     613          

abuse or neglect of a child, the municipal or county peace         614          

officer who receives the report shall refer the report to the      615          

appropriate public children services agency.                       617          

      (2)  On receipt of a report pursuant to this division or     620          

division (A) or (B) of this section, the public children services  622          

agency shall comply with section 2151.422 of the Revised Code.     624          

      (E)  No township, municipal, or county peace officer shall   626          

remove a child about whom a report is made pursuant to this        627          

section from the child's parents, stepparents, or guardian or any  628          

other persons having custody of the child without consultation     629          

with the public children services agency, unless, in the judgment  632          

of the officer, and, if the report was made by physician, the      633          

physician, immediate removal is considered essential to protect    634          

the child from further abuse or neglect.  The agency that must be  637          

consulted shall be the agency conducting the investigation of the  638          

report as determined pursuant to section 2151.422 of the Revised   639          

                                                          15     

                                                                 
Code.                                                              640          

      (F)(1)  Except as provided in section 2151.422 of the        643          

Revised Code, the public children services agency shall            645          

investigate, within twenty-four hours, each report of known or     647          

suspected child abuse or child neglect and of a known or           648          

suspected threat of child abuse or child neglect that is referred  649          

to it under this section to determine the circumstances            650          

surrounding the injuries, abuse, or neglect or the threat of       651          

injury, abuse, or neglect, the cause of the injuries, abuse,       652          

neglect, or threat, and the person or persons responsible.  The    653          

investigation shall be made in cooperation with the law                         

enforcement agency and in accordance with the memorandum of        654          

understanding prepared under division (J) of this section.  A      656          

failure to make the investigation in accordance with the           657          

memorandum is not grounds for, and shall not result in, the        659          

dismissal of any charges or complaint arising from the report or   660          

the suppression of any evidence obtained as a result of the        661          

report and does not give, and shall not be construed as giving,    662          

any rights or any grounds for appeal or post-conviction relief to  663          

any person.  The public children services agency shall report      666          

each case to a central registry which the state department of      668          

human services shall maintain in order to determine whether prior  669          

reports have been made in other counties concerning the child or   670          

other principals in the case.  The public children services        671          

agency shall submit a report of its investigation, in writing to   673          

the law enforcement agency.                                                     

      (2)  The public children services agency shall make any      676          

recommendations to the county prosecuting attorney or city         678          

director of law that it considers necessary to protect any         679          

children that are brought to its attention.                        680          

      (G)(1)  Except as provided in division (H)(3) of this        682          

section, anyone or any hospital, institution, school, health       683          

department, or agency participating in the making of reports       684          

under division (A) of this section, anyone or any hospital,        685          

                                                          16     

                                                                 
institution, school, health department, or agency participating    686          

in good faith in the making of reports under division (B) of this  687          

section, and anyone participating in good faith in a judicial      688          

proceeding resulting from the reports, shall be immune from any    689          

civil or criminal liability for injury, death, or loss to person   690          

or property that otherwise might be incurred or imposed as a       691          

result of the making of the reports or the participation in the    692          

judicial proceeding.  Notwithstanding section 4731.22 of the       693          

Revised Code, the physician-patient privilege shall not be a       694          

ground for excluding evidence regarding a child's injuries,        695          

abuse, or neglect, or the cause of the injuries, abuse, or         696          

neglect in any judicial proceeding resulting from a report         697          

submitted pursuant to this section.                                698          

      (2)  In any civil or criminal action or proceeding in which  700          

it is alleged and proved that participation in the making of a     701          

report under this section was not in good faith or participation   702          

in a judicial proceeding resulting from a report made under this   703          

section was not in good faith, the court shall award the           704          

prevailing party reasonable attorney's fees and costs and, if a    705          

civil action or proceeding is voluntarily dismissed, may award     706          

reasonable attorney's fees and costs to the party against whom     707          

the civil action or proceeding is brought.                         708          

      (H)(1)  Except as provided in divisions (H)(4), (M), and     711          

(N) of this section, a report made under this section is           712          

confidential.  The information provided in a report made pursuant  713          

to this section and the name of the person who made the report     714          

shall not be released for use, and shall not be used, as evidence  715          

in any civil action or proceeding brought against the person who   716          

made the report.  In a criminal proceeding, the report is          717          

admissible in evidence in accordance with the Rules of Evidence    718          

and is subject to discovery in accordance with the Rules of        719          

Criminal Procedure.                                                720          

      (2)  No person shall permit or encourage the unauthorized    722          

dissemination of the contents of any report made under this        723          

                                                          17     

                                                                 
section.                                                           724          

      (3)  A person who knowingly makes or causes another person   726          

to make a false report under division (B) of this section that     727          

alleges that any person has committed an act or omission that      728          

resulted in a child being an abused child or a neglected child is  729          

guilty of a violation of section 2921.14 of the Revised Code.      730          

      (4)  A public children services agency shall advise a        733          

person alleged to have inflicted abuse or neglect on a child who   734          

is the subject of a report made pursuant to this section of the                 

disposition of the investigation.  The agency shall not provide    735          

to the person any information that identifies the person who made  737          

the report, statements of witnesses, or police or other                         

investigative reports.                                             738          

      (I)  Any report that is required by this section shall       740          

result in protective services and emergency supportive services    741          

being made available by the public children services agency on     743          

behalf of the children about whom the report is made, in an        745          

effort to prevent further neglect or abuse, to enhance their       746          

welfare, and, whenever possible, to preserve the family unit       747          

intact.  The agency required to provide the services shall be the  749          

agency conducting the investigation of the report pursuant to      750          

section 2151.422 of the Revised Code.                              752          

      (J)(1)  Each public children services agency shall prepare   754          

a memorandum of understanding that is signed by all of the         756          

following:                                                                      

      (a)  If there is only one juvenile judge in the county, the  759          

juvenile judge of the county or the juvenile judge's               760          

representative;                                                                 

      (b)  If there is more than one juvenile judge in the         764          

county, a juvenile judge or the juvenile judges' representative    765          

selected by the juvenile judges or, if they are unable to do so    766          

for any reason, the juvenile judge who is senior in point of       767          

service or the senior juvenile judge's representative;             768          

      (c)  The county peace officer;                               771          

                                                          18     

                                                                 
      (d)  All chief municipal peace officers within the county;   774          

      (e)  Other law enforcement officers handling child abuse     776          

and neglect cases in the county;                                   777          

      (f)  The prosecuting attorney of the county; public          780          

      (g)  If the public children services agency is not the       782          

county department of human services agency, the county department  784          

of human services.                                                 785          

      (2)  A memorandum of understanding shall set forth the       787          

normal operating procedure to be employed by all concerned         789          

officials in the execution of their respective responsibilities    790          

under this section and division (C) of section 2919.21, division   791          

(B)(1) of section 2919.22, division (B) of section 2919.23, and    792          

section 2919.24 of the Revised Code and shall have as two of its   793          

primary goals the elimination of all unnecessary interviews of     794          

children who are the subject of reports made pursuant to division  795          

(A) or (B) of this section and, when feasible, providing for only  796          

one interview of a child who is the subject of any report made     797          

pursuant to division (A) or (B) of this section.  A failure to     798          

follow the procedure set forth in the memorandum by the concerned  800          

officials is not grounds for, and shall not result in, the         801          

dismissal of any charges or complaint arising from any reported    802          

case of abuse or neglect or the suppression of any evidence        803          

obtained as a result of any reported child abuse or child neglect  804          

and does not give, and shall not be construed as giving, any       805          

rights or any grounds for appeal or post-conviction relief to any  806          

person.                                                            807          

      (3)  A memorandum of understanding shall include all of the  809          

following:                                                         810          

      (a)  The roles and responsibilities for handling emergency   813          

and non-emergency cases of abuse and neglect;                      815          

      (b)  Standards and procedures to be used in handling and     817          

coordinating investigations of reported cases of child abuse and   818          

reported cases of child neglect, methods to be used in             819          

interviewing the child who is the subject of the report and who    820          

                                                          19     

                                                                 
allegedly was abused or neglected, and standards and procedures    821          

addressing the categories of persons who may interview the child   822          

who is the subject of the report and who allegedly was abused or   823          

neglected.                                                         824          

      (K)(1)  Except as provided in division (K)(4) of this        827          

section, a person who is required to make a report pursuant to     828          

division (A) of this section may make a reasonable number of       829          

requests of the public children services agency that receives or   830          

is referred the report to be provided with the following           832          

information:                                                                    

      (a)  Whether the agency has initiated an investigation of    835          

the report;                                                                     

      (b)  Whether the agency is continuing to investigate the     838          

report;                                                                         

      (c)  Whether the agency is otherwise involved with the       842          

child who is the subject of the report;                                         

      (d)  The general status of the health and safety of the      844          

child who is the subject of the report;                            845          

      (e)  Whether the report has resulted in the filing of a      847          

complaint in juvenile court or of criminal charges in another      848          

court.                                                             849          

      (2)  A person may request the information specified in       851          

division (K)(1) of this section only if, at the time the report    852          

is made, the person's name, address, and telephone number are      853          

provided to the person who receives the report.                                 

      When a municipal or county peace officer or employee of a    855          

public children services agency receives a report pursuant to      858          

division (A) or (B) of this section the recipient of the report    859          

shall inform the person of the right to request the information    861          

described in division (K)(1) of this section.  The recipient of                 

the report shall include in the initial child abuse or child       862          

neglect report that the person making the report was so informed   863          

and, if provided at the time of the making of the report, shall    864          

include the person's name, address, and telephone number in the    865          

                                                          20     

                                                                 
report.                                                                         

      Each request is subject to verification of the identity of   867          

the person making the report.  If that person's identity is        870          

verified, the agency shall provide the person with the             872          

information described in division (K)(1) of this section a         873          

reasonable number of times, except that the agency shall not                    

disclose any confidential information regarding the child who is   875          

the subject of the report other than the information described in  876          

those divisions.                                                                

      (3)  A request made pursuant to division (K)(1) of this      878          

section is not a substitute for any report required to be made     879          

pursuant to division (A) of this section.                          880          

      (4)  If an agency other than the agency that received or     883          

was referred the report is conducting the investigation of the     884          

report pursuant to section 2151.422 of the Revised Code, the       886          

agency conducting the investigation shall comply with the          887          

requirements of division (K) OF THIS SECTION.                      888          

      (L)  The department of human services shall adopt rules in   890          

accordance with Chapter 119. of the Revised Code to implement      893          

this section.  The department may enter into a plan of             895          

cooperation with any other governmental entity to aid in ensuring  896          

that children are protected from abuse and neglect.  The           897          

department shall make recommendations to the attorney general      898          

that the department determines are necessary to protect children   899          

from child abuse and child neglect.                                900          

      (M)  No later than the end of the day following the day on   903          

which a public children services agency receives a report of       904          

alleged child abuse or child neglect, or a report of an alleged    905          

threat of child abuse or child neglect, that allegedly occurred    906          

in or involved an out-of-home care entity, the agency shall        907          

provide written notice of the allegations contained in and the     909          

person named as the alleged perpetrator in the report to the       910          

administrator, director, or other chief administrative officer of  911          

the out-of-home care entity that is the subject of the report      912          

                                                          21     

                                                                 
unless the administrator, director, or other chief administrative  913          

officer is named as an alleged perpetrator in the report.  If the  914          

administrator, director, or other chief administrative officer of  915          

an out-of-home care entity is named as an alleged perpetrator in   916          

a report of alleged child abuse or child neglect, or a report of   917          

an alleged threat of child abuse or child neglect, that allegedly  918          

occurred in or involved the out-of-home care entity, the agency    919          

shall provide the written notice to the owner or governing board   921          

of the out-of-home care entity that is the subject of the report.  922          

The agency shall not provide witness statements or police or       924          

other investigative reports.                                                    

      (N)  No later than three days after the day on which a       927          

public children services agency that conducted the investigation   928          

as determined pursuant to section 2151.422 of the Revised Code     929          

makes a disposition of an investigation involving a report of      930          

alleged child abuse or child neglect, or a report of an alleged    931          

threat of child abuse or child neglect, that allegedly occurred    932          

in or involved an out-of-home care entity, the agency shall send   935          

written notice of the disposition of the investigation to the      936          

administrator, director, or other chief administrative officer     937          

and the owner or governing board of the out-of-home care entity.   938          

The agency shall not provide witness statements or police or       940          

other investigative reports.                                                    

      Section 2.  That existing sections 2151.011 and 2151.421 of  942          

the Revised Code are hereby repealed.                              943          

      Section 3.  Section 2151.421 of the Revised Code is          945          

presented in this act as a composite of the section as amended by  947          

both Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General      948          

Assembly, with the new language of neither of the acts shown in    950          

capital letters.  This is in recognition of the principle stated   951          

in division (B) of section 1.52 of the Revised Code that such      952          

amendments are to be harmonized where not substantively            953          

irreconcilable and constitutes a legislative finding that such is  954          

the resulting version in effect prior to the effective date of     955          

                                                          22     

                                                                 
this act.