As Reported by the Senate Human Services and Aging Committee 1
122nd General Assembly 4
Regular Session Am. 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
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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
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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
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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.
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(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
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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
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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
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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
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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
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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 or accepts PROGRAM IN WHICH the care, physical 438
custody, or control of children during summer months andthat is 440
licensed, regulated, approved, operated under the direction of, 442
or otherwise certified by the department of health or the 443
American camping association IS ACCEPTED OVERNIGHT FOR 444
RECREATIONAL OR RECREATIONAL AND EDUCATIONAL PURPOSES. 445
(39) "Residential care facility" means an institution, 447
residence, or facility that is licensed by the department of 448
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mental health under section 5119.22 of the Revised Code and that 449
provides care for a child. 450
(40) "Residential facility" means a home or facility that 452
is licensed by the department of mental retardation and 453
developmental disabilities under section 5123.19 of the Revised 454
Code and in which a child with a developmental disability 455
resides. 456
(41) "Residual parental rights, privileges, and 458
responsibilities" means those rights, privileges, and 459
responsibilities remaining with the natural parent after the 460
transfer of legal custody of the child, including, but not 461
necessarily limited to, the privilege of reasonable visitation, 462
consent to adoption, the privilege to determine the child's 463
religious affiliation, and the responsibility for support. 464
(42) "Secure correctional facility" means a facility under 467
the direction of the department of youth services that is
designed to physically restrict the movement and activities of 468
children and used for the placement of children after 469
adjudication and disposition.
(43) "Sexual activity" has the same meaning as in section 471
2907.01 of the Revised Code. 472
(44) "Shelter" means the temporary care of children in 474
physically unrestricted facilities pending court adjudication or 475
disposition. 476
(45) "Shelter for victims of domestic violence" has the 478
same meaning as in section 3113.33 of the Revised Code. 479
(46) "Temporary custody" means legal custody of a child 481
who is removed from the child's home, which custody may be 482
terminated at any time at the discretion of the court or, if the 484
legal custody is granted in an agreement for temporary custody, 485
by the person who executed the agreement. 486
Sec. 2151.421. (A)(1)(a) No person described listed in 496
division (A)(1)(b) of this section who is acting in an official 498
or professional capacity and knows or suspects that a child under 499
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eighteen years of age or a mentally retarded, developmentally 501
disabled, or physically impaired child under twenty-one years of 502
age has suffered or faces a threat of suffering any physical or 503
mental wound, injury, disability, or condition of a nature that 504
reasonably indicates abuse or neglect of the child, shall fail to 505
immediately report that knowledge or suspicion to the public 506
children services agency or a municipal or county peace officer 508
in the county in which the child resides or in which the abuse or 509
neglect is occurring or has occurred.
(b) Division (A)(1)(a) of this section applies to any 513
person who is an attorney; physician, including a hospital intern 514
or resident; dentist; podiatrist; practitioner of a limited 515
branch of medicine or surgery as defined in section 4731.15 of 516
the Revised Code; registered nurse; licensed practical nurse; 519
visiting nurse; other health care professional; licensed 520
psychologist; licensed school psychologist; speech pathologist or 521
audiologist; coroner; administrator or employee of a child 522
day-care center; ADMINISTRATOR OR EMPLOYEE OF A RESIDENTIAL CAMP 523
OR CHILD DAY CAMP; administrator or employee of a certified child 524
care agency or other public or private children services agency; 525
school teacher; school employee; school authority; person engaged 526
in social work or the practice of professional counseling; or a 527
person rendering spiritual treatment through prayer in accordance 529
with the tenets of a well-recognized religion.
(2) An attorney or a physician is not required to make a 531
report pursuant to division (A)(1) of this section concerning any 533
communication the attorney or physician receives from a client or 536
patient in an attorney-client or physician-patient relationship, 537
if, in accordance with division (A) or (B) of section 2317.02 of 539
the Revised Code, the attorney or physician could not testify 540
with respect to that communication in a civil or criminal 541
proceeding, except that the client or patient is deemed to have 542
waived any testimonial privilege under division (A) or (B) of 544
section 2317.02 of the Revised Code with respect to that 546
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communication and the attorney or physician shall make a report 548
pursuant to division (A)(1) of this section with respect to that 549
communication, if all of the following apply:
(a) The client or patient, at the time of the 551
communication, is either a child under eighteen years of age or a 552
mentally retarded, developmentally disabled, or physically 554
impaired person under twenty-one years of age. 555
(b) The attorney of OR physician knows or suspects, as a 557
result of the communication or any observations made during that 559
communication, that the client or patient has suffered or faces a 560
threat of suffering any physical or mental wound, injury, 562
disability, or condition of a nature that reasonably indicates 563
abuse or neglect of the client or patient. 564
(c) The attorney-client or physician-patient relationship 566
does not arise out of the client's or patient's attempt to have 568
an abortion without the notification of her parents, guardian, or 570
custodian in accordance with section 2151.85 of the Revised Code. 571
(B) Anyone, who knows or suspects that a child under 573
eighteen years of age or a mentally retarded, developmentally 575
disabled, or physically impaired person under twenty-one years of 576
age has suffered or faces a threat of suffering any physical or 577
mental wound, injury, disability, or other condition of a nature 578
that reasonably indicates abuse or neglect of the child, may 579
report or cause reports to be made of that knowledge or suspicion 580
to the public children services agency or to a municipal or 582
county peace officer. 583
(C) Any report made pursuant to division (A) or (B) of 585
this section shall be made forthwith either by telephone or in 586
person and shall be followed by a written report, if requested by 588
the receiving agency or officer. The written report shall
contain: 589
(1) The names and addresses of the child and the child's 591
parents or the person or persons having custody of the child, if 592
known;
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(2) The child's age and the nature and extent of the 594
child's known or suspected injuries, abuse, or neglect or of the 595
known or suspected threat of injury, abuse, or neglect, including 596
any evidence of previous injuries, abuse, or neglect; 597
(3) Any other information that might be helpful in 599
establishing the cause of the known or suspected injury, abuse, 600
or neglect or of the known or suspected threat of injury, abuse, 601
or neglect. 602
Any person, who is required by division (A) of this section 604
to report known or suspected child abuse or child neglect, may 605
take or cause to be taken color photographs of areas of trauma 606
visible on a child and, if medically indicated, cause to be 607
performed radiological examinations of the child. 608
(D)(1) Upon the receipt of a report concerning the 610
possible abuse or neglect of a child or the possible threat of 611
abuse or neglect of a child, the municipal or county peace 612
officer who receives the report shall refer the report to the 613
appropriate public children services agency. 615
(2) On receipt of a report pursuant to this division or 618
division (A) or (B) of this section, the public children services 620
agency shall comply with section 2151.422 of the Revised Code. 622
(E) No township, municipal, or county peace officer shall 624
remove a child about whom a report is made pursuant to this 625
section from the child's parents, stepparents, or guardian or any 626
other persons having custody of the child without consultation 627
with the public children services agency, unless, in the judgment 630
of the officer, and, if the report was made by physician, the 631
physician, immediate removal is considered essential to protect 632
the child from further abuse or neglect. The agency that must be 635
consulted shall be the agency conducting the investigation of the 636
report as determined pursuant to section 2151.422 of the Revised 637
Code. 638
(F)(1) Except as provided in section 2151.422 of the 641
Revised Code, the public children services agency shall 643
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investigate, within twenty-four hours, each report of known or 645
suspected child abuse or child neglect and of a known or 646
suspected threat of child abuse or child neglect that is referred 647
to it under this section to determine the circumstances 648
surrounding the injuries, abuse, or neglect or the threat of 649
injury, abuse, or neglect, the cause of the injuries, abuse, 650
neglect, or threat, and the person or persons responsible. The 651
investigation shall be made in cooperation with the law
enforcement agency and in accordance with the memorandum of 652
understanding prepared under division (J) of this section. A 654
failure to make the investigation in accordance with the 655
memorandum is not grounds for, and shall not result in, the 657
dismissal of any charges or complaint arising from the report or 658
the suppression of any evidence obtained as a result of the 659
report and does not give, and shall not be construed as giving, 660
any rights or any grounds for appeal or post-conviction relief to 661
any person. The public children services agency shall report 664
each case to a central registry which the state department of 666
human services shall maintain in order to determine whether prior 667
reports have been made in other counties concerning the child or 668
other principals in the case. The public children services 669
agency shall submit a report of its investigation, in writing to 671
the law enforcement agency.
(2) The public children services agency shall make any 674
recommendations to the county prosecuting attorney or city 676
director of law that it considers necessary to protect any 677
children that are brought to its attention. 678
(G)(1) Except as provided in division (H)(3) of this 680
section, anyone or any hospital, institution, school, health 681
department, or agency participating in the making of reports 682
under division (A) of this section, anyone or any hospital, 683
institution, school, health department, or agency participating 684
in good faith in the making of reports under division (B) of this 685
section, and anyone participating in good faith in a judicial 686
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proceeding resulting from the reports, shall be immune from any 687
civil or criminal liability for injury, death, or loss to person 688
or property that otherwise might be incurred or imposed as a 689
result of the making of the reports or the participation in the 690
judicial proceeding. Notwithstanding section 4731.22 of the 691
Revised Code, the physician-patient privilege shall not be a 692
ground for excluding evidence regarding a child's injuries, 693
abuse, or neglect, or the cause of the injuries, abuse, or 694
neglect in any judicial proceeding resulting from a report 695
submitted pursuant to this section. 696
(2) In any civil or criminal action or proceeding in which 698
it is alleged and proved that participation in the making of a 699
report under this section was not in good faith or participation 700
in a judicial proceeding resulting from a report made under this 701
section was not in good faith, the court shall award the 702
prevailing party reasonable attorney's fees and costs and, if a 703
civil action or proceeding is voluntarily dismissed, may award 704
reasonable attorney's fees and costs to the party against whom 705
the civil action or proceeding is brought. 706
(H)(1) Except as provided in divisions (H)(4), (M), and 709
(N) of this section, a report made under this section is 710
confidential. The information provided in a report made pursuant 711
to this section and the name of the person who made the report 712
shall not be released for use, and shall not be used, as evidence 713
in any civil action or proceeding brought against the person who 714
made the report. In a criminal proceeding, the report is 715
admissible in evidence in accordance with the Rules of Evidence 716
and is subject to discovery in accordance with the Rules of 717
Criminal Procedure. 718
(2) No person shall permit or encourage the unauthorized 720
dissemination of the contents of any report made under this 721
section. 722
(3) A person who knowingly makes or causes another person 724
to make a false report under division (B) of this section that 725
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alleges that any person has committed an act or omission that 726
resulted in a child being an abused child or a neglected child is 727
guilty of a violation of section 2921.14 of the Revised Code. 728
(4) A public children services agency shall advise a 731
person alleged to have inflicted abuse or neglect on a child who 732
is the subject of a report made pursuant to this section of the
disposition of the investigation. The agency shall not provide 733
to the person any information that identifies the person who made 735
the report, statements of witnesses, or police or other
investigative reports. 736
(I) Any report that is required by this section shall 738
result in protective services and emergency supportive services 739
being made available by the public children services agency on 741
behalf of the children about whom the report is made, in an 743
effort to prevent further neglect or abuse, to enhance their 744
welfare, and, whenever possible, to preserve the family unit 745
intact. The agency required to provide the services shall be the 747
agency conducting the investigation of the report pursuant to 748
section 2151.422 of the Revised Code. 750
(J)(1) Each public children services agency shall prepare 752
a memorandum of understanding that is signed by all of the 754
following:
(a) If there is only one juvenile judge in the county, the 757
juvenile judge of the county or the juvenile judge's 758
representative;
(b) If there is more than one juvenile judge in the 762
county, a juvenile judge or the juvenile judges' representative 763
selected by the juvenile judges or, if they are unable to do so 764
for any reason, the juvenile judge who is senior in point of 765
service or the senior juvenile judge's representative; 766
(c) The county peace officer; 769
(d) All chief municipal peace officers within the county; 772
(e) Other law enforcement officers handling child abuse 774
and neglect cases in the county; 775
18
(f) The prosecuting attorney of the county; public 778
(g) If the public children services agency is not the 780
county department of human services agency, the county department 782
of human services. 783
(2) A memorandum of understanding shall set forth the 785
normal operating procedure to be employed by all concerned 787
officials in the execution of their respective responsibilities 788
under this section and division (C) of section 2919.21, division 789
(B)(1) of section 2919.22, division (B) of section 2919.23, and 790
section 2919.24 of the Revised Code and shall have as two of its 791
primary goals the elimination of all unnecessary interviews of 792
children who are the subject of reports made pursuant to division 793
(A) or (B) of this section and, when feasible, providing for only 794
one interview of a child who is the subject of any report made 795
pursuant to division (A) or (B) of this section. A failure to 796
follow the procedure set forth in the memorandum by the concerned 798
officials is not grounds for, and shall not result in, the 799
dismissal of any charges or complaint arising from any reported 800
case of abuse or neglect or the suppression of any evidence 801
obtained as a result of any reported child abuse or child neglect 802
and does not give, and shall not be construed as giving, any 803
rights or any grounds for appeal or post-conviction relief to any 804
person. 805
(3) A memorandum of understanding shall include all of the 807
following: 808
(a) The roles and responsibilities for handling emergency 811
and non-emergency cases of abuse and neglect; 813
(b) Standards and procedures to be used in handling and 815
coordinating investigations of reported cases of child abuse and 816
reported cases of child neglect, methods to be used in 817
interviewing the child who is the subject of the report and who 818
allegedly was abused or neglected, and standards and procedures 819
addressing the categories of persons who may interview the child 820
who is the subject of the report and who allegedly was abused or 821
19
neglected. 822
(K)(1) Except as provided in division (K)(4) of this 825
section, a person who is required to make a report pursuant to 826
division (A) of this section may make a reasonable number of 827
requests of the public children services agency that receives or 828
is referred the report to be provided with the following 830
information:
(a) Whether the agency has initiated an investigation of 833
the report;
(b) Whether the agency is continuing to investigate the 836
report;
(c) Whether the agency is otherwise involved with the 840
child who is the subject of the report;
(d) The general status of the health and safety of the 842
child who is the subject of the report; 843
(e) Whether the report has resulted in the filing of a 845
complaint in juvenile court or of criminal charges in another 846
court. 847
(2) A person may request the information specified in 849
division (K)(1) of this section only if, at the time the report 850
is made, the person's name, address, and telephone number are 851
provided to the person who receives the report.
When a municipal or county peace officer or employee of a 853
public children services agency receives a report pursuant to 856
division (A) or (B) of this section the recipient of the report 857
shall inform the person of the right to request the information 859
described in division (K)(1) of this section. The recipient of
the report shall include in the initial child abuse or child 860
neglect report that the person making the report was so informed 861
and, if provided at the time of the making of the report, shall 862
include the person's name, address, and telephone number in the 863
report.
Each request is subject to verification of the identity of 865
the person making the report. If that person's identity is 868
20
verified, the agency shall provide the person with the 870
information described in division (K)(1) of this section a 871
reasonable number of times, except that the agency shall not
disclose any confidential information regarding the child who is 873
the subject of the report other than the information described in 874
those divisions.
(3) A request made pursuant to division (K)(1) of this 876
section is not a substitute for any report required to be made 877
pursuant to division (A) of this section. 878
(4) If an agency other than the agency that received or 881
was referred the report is conducting the investigation of the 882
report pursuant to section 2151.422 of the Revised Code, the 884
agency conducting the investigation shall comply with the 885
requirements of division (K) OF THIS SECTION. 886
(L) The department of human services shall adopt rules in 888
accordance with Chapter 119. of the Revised Code to implement 891
this section. The department may enter into a plan of 893
cooperation with any other governmental entity to aid in ensuring 894
that children are protected from abuse and neglect. The 895
department shall make recommendations to the attorney general 896
that the department determines are necessary to protect children 897
from child abuse and child neglect. 898
(M) No later than the end of the day following the day on 901
which a public children services agency receives a report of 902
alleged child abuse or child neglect, or a report of an alleged 903
threat of child abuse or child neglect, that allegedly occurred 904
in or involved an out-of-home care entity, the agency shall 905
provide written notice of the allegations contained in and the 907
person named as the alleged perpetrator in the report to the 908
administrator, director, or other chief administrative officer of 909
the out-of-home care entity that is the subject of the report 910
unless the administrator, director, or other chief administrative 911
officer is named as an alleged perpetrator in the report. If the 912
administrator, director, or other chief administrative officer of 913
21
an out-of-home care entity is named as an alleged perpetrator in 914
a report of alleged child abuse or child neglect, or a report of 915
an alleged threat of child abuse or child neglect, that allegedly 916
occurred in or involved the out-of-home care entity, the agency 917
shall provide the written notice to the owner or governing board 919
of the out-of-home care entity that is the subject of the report. 920
The agency shall not provide witness statements or police or 922
other investigative reports.
(N) No later than three days after the day on which a 925
public children services agency that conducted the investigation 926
as determined pursuant to section 2151.422 of the Revised Code 927
makes a disposition of an investigation involving a report of 928
alleged child abuse or child neglect, or a report of an alleged 929
threat of child abuse or child neglect, that allegedly occurred 930
in or involved an out-of-home care entity, the agency shall send 933
written notice of the disposition of the investigation to the 934
administrator, director, or other chief administrative officer 935
and the owner or governing board of the out-of-home care entity. 936
The agency shall not provide witness statements or police or 938
other investigative reports.
Section 2. That existing sections 2151.011 and 2151.421 of 940
the Revised Code are hereby repealed. 941
Section 3. Section 2151.421 of the Revised Code is 943
presented in this act as a composite of the section as amended by 945
both Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General 946
Assembly, with the new language of neither of the acts shown in 948
capital letters. This is in recognition of the principle stated 949
in division (B) of section 1.52 of the Revised Code that such 950
amendments are to be harmonized where not substantively 951
irreconcilable and constitutes a legislative finding that such is 952
the resulting version in effect prior to the effective date of 953
this act.