As Passed by the House 1
122nd General Assembly 4
Regular Session Am. S. B. No. 212 5
1997-1998 6
SENATORS NEIN-KEARNS-LATTA-SWEENEY-CARNES-McLIN-GAETH- 8
HERINGTON-DRAKE-GARDNER-FINAN-DIX-MUMPER-WHITE- 9
REPRESENTATIVES BOYD-CLANCY-FORD-GRENDELL-HARRIS-JONES- 10
MILLER-O'BRIEN-WILLAMOWSKI-WINKLER-TERWILLEGER-REID- 11
BRADING-PADGETT-GARCIA-WILSON-TAVARES-THOMAS-JOHNSON- 12
BATEMAN-CALLENDER-ALLEN-ROMAN-VERICH-VESPER-MOTTL- 13
PATTON-BENDER-LOGAN-YOUNG-EVANS-OPFER-SALERNO-HODGES- 14
METZGER-WACHTMANN-WOMER BENJAMIN-CORBIN-BOGGS-PRENTISS 15
18
A B I L L
To amend sections 2151.011 and 2151.421 of the 20
Revised Code to require an administrator or 21
employee of a residential camp or a child day
camp to report known or suspected child abuse to 22
the public children services agency or a
municipal or county peace officer. 23
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That sections 2151.011 and 2151.421 of the 26
Revised Code be amended to read as follows: 27
Sec. 2151.011. (A) As used in the Revised Code: 36
(1) "Juvenile court" means the division of the court of 38
common pleas or a juvenile court separately and independently 39
created having jurisdiction under this chapter. 40
(2) "Juvenile judge" means a judge of a court having 42
jurisdiction under this chapter. 43
(3) "Private child placing agency" means any association, 45
as defined in section 5103.02 of the Revised Code, that is 46
certified pursuant to sections 5103.03 to 5103.05 of the Revised 47
Code to accept temporary, permanent, or legal custody of children 48
2
and place the children for either foster care or adoption. 49
(4) "Private noncustodial agency" means any person, 51
organization, association, or society certified by the department 52
of human services that does not accept temporary or permanent 53
legal custody of children, that is privately operated in this 54
state, and that does one or more of the following: 55
(a) Receives and cares for children for two or more 57
consecutive weeks; 58
(b) Participates in the placement of children in family 60
foster homes; 61
(c) Provides adoption services in conjunction with a 63
public children services agency or private child placing agency. 64
(B) As used in this chapter: 66
(1) "Adequate parental care" means the provision by a 68
child's parent or parents, guardian, or custodian of adequate 69
food, clothing, and shelter to ensure the child's health and 70
physical safety and the provision by a child's parent or parents 71
of specialized services warranted by the child's physical or 72
mental needs. 73
(2) "Adult" means an individual who is eighteen years of 75
age or older. 76
(3) "Agreement for temporary custody" means a voluntary 78
agreement authorized by section 5103.15 of the Revised Code that 80
transfers the temporary custody of a child to a public children 81
services agency or a private child placing agency. 82
(4) "Babysitting care" means care provided for a child 84
while the parents, guardian, or legal custodian of the child are 85
temporarily away. 86
(5) "Certified family foster home" means a family foster 88
home operated by persons holding a certificate in force, issued 89
under section 5103.03 of the Revised Code. 90
(6)(a) "Child" means a person who is under eighteen years 93
of age, except as otherwise provided in divisions (B)(6)(b) to 94
(f) of this section. 95
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(b) Subject to division (B)(6)(c) of this section, any 98
person who violates a federal or state law or municipal ordinance 99
prior to attaining eighteen years of age shall be deemed a
"child" irrespective of that person's age at the time the 100
complaint is filed or the hearing on the complaint is held. 101
(c) Any person who, while under eighteen years of age, 104
commits an act that would be a felony if committed by an adult 105
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 106
child in relation to that act. 107
(d) Any person whose case is transferred for criminal 109
prosecution pursuant to division (B) or (C) of section 2151.26 of 110
the Revised Code shall after the transfer be deemed not to be a 111
child in the transferred case. 112
(e) Subject to division (B)(6)(f) of this section, any 115
person whose case is transferred for criminal prosecution 116
pursuant to division (B) or (C) of section 2151.26 of the Revised 117
Code and who subsequently is convicted of or pleads guilty to a 118
felony in that case shall after the transfer be deemed not to be 120
a child in any case in which the person is alleged to have 122
committed prior to or subsequent to the transfer an act that 124
would be an offense if committed by an adult. Division (B)(6)(e) 125
of this section applies to a case regardless of whether the prior 128
or subsequent act that is alleged in the case and that would be
an offense if committed by an adult allegedly was committed in 129
the same county in which the case was transferred or in another 131
county and regardless of whether the complaint in the case 132
involved was filed in the same county in which the case was 133
transferred or in another county. Division (B)(6)(e) of this 134
section applies to a case that involves an act committed prior to 135
the transfer only when the prior act alleged in the case has not 136
been disposed of by a juvenile court or trial court. 137
(f) Notwithstanding division (B)(6)(e) of this section, if 140
a person's case is transferred for criminal prosecution pursuant 141
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to division (B) or (C) of section 2151.26 of the Revised Code and 142
if the person subsequently is convicted of or pleads guilty to a 143
felony in that case, thereafter, the person shall be considered a 144
child solely for the following purposes in relation to any act
the person subsequently commits that would be an offense if 145
committed by an adult: 146
(i) For purposes of the filing of a complaint alleging 148
that the child is a delinquent child for committing the act that 149
would be an offense if committed by an adult; 150
(ii) For purposes of the juvenile court conducting a 152
hearing under division (B) of section 2151.26 of the Revised Code 154
relative to the complaint described in division (B)(6)(f)(i) of 155
this section to determine whether division (B)(1) of section 156
2151.26 of the Revised Code applies and requires that the case be 158
transferred for criminal prosecution to the appropriate court 159
having jurisdiction of the offense.
(7) "Child day camp," "child day-care," "child day-care 162
center," "part-time child day-care center," "type A family 165
day-care home," "certified type B family day-care home," "type B 166
home," "administrator of a child day-care center," "administrator 168
of a type A family day-care home," "in-home aide," and 169
"authorized provider" have the same meanings as in section 170
5104.01 of the Revised Code.
(8) "Child day-care provider" means an individual who is a 173
child-care staff member or administrator of a child day-care
center, a type A family day-care home, or a type B family 174
day-care home, or an in-home aide or an individual who is 175
licensed, is regulated, is approved, operates under the direction 176
of, or otherwise is certified by the department of human 177
services, department of mental retardation and developmental 178
disabilities, or the early childhood programs of the department 179
of education. 180
(9) "Commit" means to vest custody as ordered by the 182
court. 183
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(10) "Counseling" includes both of the following: 185
(a) General counseling services performed by a public 188
children services agency or shelter for victims of domestic 189
violence to assist a child, a child's parents, and a child's 190
siblings in alleviating identified problems that may cause or 192
have caused the child to be an abused, neglected, or dependent 193
child.
(b) Psychiatric or psychological therapeutic counseling 196
services provided to correct or alleviate any mental or emotional 198
illness or disorder and performed by a licensed psychiatrist,
licensed psychologist, or a person licensed under Chapter 4757. 199
of the Revised Code to engage in social work or professional 200
counseling.
(11) "Custodian" means a person who has legal custody of a 202
child or a public children services agency or private child 203
placing agency that has permanent, temporary, or legal custody of 204
a child. 205
(12) "Detention" means the temporary care of children 207
pending court adjudication or disposition, or execution of a 208
court order, in a public or private facility designed to 209
physically restrict the movement and activities of children. 210
(13) "Developmental disability" has the same meaning as in 213
section 5123.01 of the Revised Code. 214
(14) "Family foster home" means a private residence in 216
which children are received apart from their parents, guardian, 217
or legal custodian by an individual for hire, gain, or reward for 218
nonsecure care, supervision, or training twenty-four hours a day. 219
"Family foster home" does not include babysitting care provided 220
for a child in the home of a person other than the home of the 221
parents, guardian, or legal custodian of the child. 222
(15) "Foster home" means a family home in which any child 224
is received apart from the child's parents for care, supervision, 225
or training. 227
(16) "Guardian" means a person, association, or 229
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corporation that is granted authority by a probate court pursuant 230
to Chapter 2111. of the Revised Code to exercise parental rights 231
over a child to the extent provided in the court's order and 232
subject to the residual parental rights of the child's parents. 233
(17) "Legal custody" means a legal status that vests in 235
the custodian the right to have physical care and control of the 236
child and to determine where and with whom the child shall live, 237
and the right and duty to protect, train, and discipline the 239
child and to provide the child with food, shelter, education, and 240
medical care, all subject to any residual parental rights, 242
privileges, and responsibilities. An individual granted legal 243
custody shall exercise the rights and responsibilities personally 244
unless otherwise authorized by any section of the Revised Code or 245
by the court. 246
(18) "Long-term foster care" means an order of a juvenile 248
court pursuant to which both of the following apply: 249
(a) Legal custody of a child is given to a public children 251
services agency or a private child placing agency without the 252
termination of parental rights. 253
(b) The agency is permitted to make an appropriate 255
placement of the child and to enter into a written long-term 256
foster care agreement with a foster care provider or with another 257
person or agency with whom the child is placed. 258
(19) "Mental illness" and "mental MENTALLY ill person 260
subject to hospitalization by court order" have the same meanings 262
as in section 5122.01 of the Revised Code. 263
(20) "Mental injury" means any behavioral, cognitive, 265
emotional, or mental disorder in a child caused by an act or 266
omission that is described in section 2919.22 of the Revised Code 267
and is committed by the parent or other person responsible for 269
the child's care.
(21) "Mentally retarded person" has the same meaning as in 271
section 5123.01 of the Revised Code. 272
(22) "Nonsecure care, supervision, or training" means 274
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care, supervision, or training of a child in a facility that does 275
not confine or prevent movement of the child within the facility 276
or from the facility. 277
(23) "Organization" means any institution, public, 279
semipublic, or private, and any private association, society, or 280
agency located or operating in the state, incorporated or 281
unincorporated, having among its functions the furnishing of 282
protective services or care for children, or the placement of 283
children in foster homes or elsewhere. 284
(24) "Out-of-home care" means detention facilities, 286
shelter facilities, foster homes, certified foster homes, 287
placement in a prospective adoptive home prior to the issuance of 288
a final decree of adoption, organizations, certified 289
organizations, child day-care centers, type A family day-care 290
homes, child day-care provided by type B family day-care home 291
providers and by in-home aides, group home providers, group 292
homes, institutions, state institutions, residential facilities, 293
residential care facilities, residential camps, day camps, 294
hospitals, and medical clinics that are responsible for the care, 295
physical custody, or control of children. 296
(25) "Out-of-home care child abuse" means any of the 298
following when committed by a person responsible for the care of 299
a child in out-of-home care: 300
(a) Engaging in sexual activity with a child in the 302
person's care; 303
(b) Denial to a child, as a means of punishment, of proper 305
or necessary subsistence, education, medical care, or other care 306
necessary for a child's health; 307
(c) Use of restraint procedures on a child that cause 309
injury or pain; 310
(d) Administration of prescription drugs or psychotropic 312
medication to the child without the written approval and ongoing 313
supervision of a licensed physician; 314
(e) Commission of any act, other than by accidental means, 316
8
that results in any injury to or death of the child in 317
out-of-home care or commission of any act by accidental means 318
that results in an injury to or death of a child in out-of-home 319
care and that is at variance with the history given of the injury 320
or death.
(26) "Out-of-home care child neglect" means any of the 322
following when committed by a person responsible for the care of 323
a child in out-of-home care: 324
(a) Failure to provide reasonable supervision according to 326
the standards of care appropriate to the age, mental and physical 327
condition, or other special needs of the child; 328
(b) Failure to provide reasonable supervision according to 330
the standards of care appropriate to the age, mental and physical 331
condition, or other special needs of the child, that results in 332
sexual or physical abuse of the child by any person; 333
(c) Failure to develop a process for all of the following: 335
(i) Administration of prescription drugs or psychotropic 337
drugs for the child; 338
(ii) Assuring that the instructions of the licensed 340
physician who prescribed a drug for the child are followed; 341
(iii) Reporting to the licensed physician who prescribed 343
the drug all unfavorable or dangerous side effects from the use 344
of the drug. 345
(d) Failure to provide proper or necessary subsistence, 347
education, medical care, or other individualized care necessary 348
for the health or well-being of the child; 349
(e) Confinement of the child to a locked room without 351
monitoring by staff; 352
(f) Failure to provide ongoing security for all 354
prescription and nonprescription medication; 355
(g) Isolation of a child for a period of time when there 357
is substantial risk that the isolation, if continued, will impair 358
or retard the mental health or physical well-being of the child. 359
(27) "Permanent custody" means a legal status that vests 361
9
in a public children services agency or a private child placing 362
agency, all parental rights, duties, and obligations, including 363
the right to consent to adoption, and divests the natural parents 364
or adoptive parents of all parental rights, privileges, and 366
obligations, including all residual rights and obligations.
(28) "Permanent surrender" means the act of the parents 368
or, if a child has only one parent, of the parent of a child, by 369
a voluntary agreement authorized by section 5103.15 of the 371
Revised Code, to transfer the permanent custody of the child to a
public children services agency or a private child placing 372
agency. 373
(29) "Person responsible for a child's care in out-of-home 375
care" means any of the following: 376
(a) Any foster parent, in-home aide, or provider; 378
(b) Any administrator, employee, or agent of any of the 380
following: a public or private detention facility; shelter 381
facility; organization; certified organization; child day-care 382
center; type A family day-care home; certified type B family 383
day-care home; group home; institution; state institution; 384
residential facility; residential care facility; residential 385
camp; day camp; hospital; or medical clinic; 386
(c) Any other person who performs a similar function with 388
respect to, or has a similar relationship to, children. 389
(30) "Physically impaired" means having one or more of the 392
following conditions that substantially limit one or more of an 393
individual's major life activities, including self-care,
receptive and expressive language, learning, mobility, and 394
self-direction:
(a) A substantial impairment of vision, speech, or 396
hearing;
(b) A congenital orthopedic impairment; 398
(c) An orthopedic impairment caused by disease, rheumatic 401
fever or any other similar chronic or acute health problem, or 402
amputation or another similar cause.
10
(31) "Placement for adoption" means the arrangement by a 404
public children services agency or a private child placing agency 405
with a person for the care and adoption by that person of a child 406
of whom the agency has permanent custody. 407
(32) "Placement for adoption IN FOSTER CARE" means the 409
arrangement by a public children services agency or a private 410
child placing agency for the out-of-home care of a child of whom 411
the agency has temporary custody or permanent custody. 412
(33) "Practice of social work" and "practice of 414
professional counseling" have the same meanings as in section 415
4757.01 of the Revised Code. 416
(34) "Probation" means a legal status created by court 418
order following an adjudication that a child is a delinquent 419
child, a juvenile traffic offender, or an unruly child, whereby 420
the child is permitted to remain in the parent's, guardian's, or 421
custodian's home subject to supervision, or under the supervision 422
of any agency designated by the court and returned to the court 423
for violation of probation at any time during the period of 424
probation. 425
(35) "Protective supervision" means an order of 427
disposition pursuant to which the court permits an abused, 428
neglected, dependent, unruly, or delinquent child or a juvenile 429
traffic offender to remain in the custody of the child's parents, 430
guardian, or custodian and stay in the child's home, subject to 431
any conditions and limitations upon the child, the child's 433
parents, guardian, or custodian, or any other person that the 435
court prescribes, including supervision as directed by the court 436
for the protection of the child. 437
(36) "Psychiatrist" has the same meaning as in section 439
5122.01 of the Revised Code. 440
(37) "Psychologist" has the same meaning as in section 442
4732.01 of the Revised Code. 443
(38) "Residential camp" means a public or private facility 445
that engages or accepts PROGRAM IN WHICH the care, physical 446
11
custody, or control of children during summer months andthat is 448
licensed, regulated, approved, operated under the direction of, 450
or otherwise certified by the department of health or the 451
American camping association IS ACCEPTED OVERNIGHT FOR 452
RECREATIONAL OR RECREATIONAL AND EDUCATIONAL PURPOSES. 453
(39) "Residential care facility" means an institution, 455
residence, or facility that is licensed by the department of 456
mental health under section 5119.22 of the Revised Code and that 457
provides care for a child. 458
(40) "Residential facility" means a home or facility that 460
is licensed by the department of mental retardation and 461
developmental disabilities under section 5123.19 of the Revised 462
Code and in which a child with a developmental disability 463
resides. 464
(41) "Residual parental rights, privileges, and 466
responsibilities" means those rights, privileges, and 467
responsibilities remaining with the natural parent after the 468
transfer of legal custody of the child, including, but not 469
necessarily limited to, the privilege of reasonable visitation, 470
consent to adoption, the privilege to determine the child's 471
religious affiliation, and the responsibility for support. 472
(42) "Secure correctional facility" means a facility under 475
the direction of the department of youth services that is
designed to physically restrict the movement and activities of 476
children and used for the placement of children after 477
adjudication and disposition.
(43) "Sexual activity" has the same meaning as in section 479
2907.01 of the Revised Code. 480
(44) "Shelter" means the temporary care of children in 482
physically unrestricted facilities pending court adjudication or 483
disposition. 484
(45) "Shelter for victims of domestic violence" has the 486
same meaning as in section 3113.33 of the Revised Code. 487
(46) "Temporary custody" means legal custody of a child 489
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who is removed from the child's home, which custody may be 490
terminated at any time at the discretion of the court or, if the 492
legal custody is granted in an agreement for temporary custody, 493
by the person who executed the agreement. 494
Sec. 2151.421. (A)(1)(a) No person described listed in 504
division (A)(1)(b) of this section who is acting in an official 506
or professional capacity and knows or suspects that a child under 507
eighteen years of age or a mentally retarded, developmentally 509
disabled, or physically impaired child under twenty-one years of 510
age has suffered or faces a threat of suffering any physical or 511
mental wound, injury, disability, or condition of a nature that 512
reasonably indicates abuse or neglect of the child, shall fail to 513
immediately report that knowledge or suspicion to the public 514
children services agency or a municipal or county peace officer 516
in the county in which the child resides or in which the abuse or 517
neglect is occurring or has occurred.
(b) Division (A)(1)(a) of this section applies to any 521
person who is an attorney; physician, including a hospital intern 522
or resident; dentist; podiatrist; practitioner of a limited 523
branch of medicine or surgery as defined in section 4731.15 of 524
the Revised Code; registered nurse; licensed practical nurse; 527
visiting nurse; other health care professional; licensed 528
psychologist; licensed school psychologist; speech pathologist or 529
audiologist; coroner; administrator or employee of a child 530
day-care center; ADMINISTRATOR OR EMPLOYEE OF A RESIDENTIAL CAMP 531
OR CHILD DAY CAMP; administrator or employee of a certified child 532
care agency or other public or private children services agency; 533
school teacher; school employee; school authority; person engaged 534
in social work or the practice of professional counseling; or a 535
person rendering spiritual treatment through prayer in accordance 537
with the tenets of a well-recognized religion.
(2) An attorney or a physician is not required to make a 539
report pursuant to division (A)(1) of this section concerning any 541
communication the attorney or physician receives from a client or 544
13
patient in an attorney-client or physician-patient relationship, 545
if, in accordance with division (A) or (B) of section 2317.02 of 547
the Revised Code, the attorney or physician could not testify 548
with respect to that communication in a civil or criminal 549
proceeding, except that the client or patient is deemed to have 550
waived any testimonial privilege under division (A) or (B) of 552
section 2317.02 of the Revised Code with respect to that 554
communication and the attorney or physician shall make a report 556
pursuant to division (A)(1) of this section with respect to that 557
communication, if all of the following apply:
(a) The client or patient, at the time of the 559
communication, is either a child under eighteen years of age or a 560
mentally retarded, developmentally disabled, or physically 562
impaired person under twenty-one years of age. 563
(b) The attorney of OR physician knows or suspects, as a 565
result of the communication or any observations made during that 567
communication, that the client or patient has suffered or faces a 568
threat of suffering any physical or mental wound, injury, 570
disability, or condition of a nature that reasonably indicates 571
abuse or neglect of the client or patient. 572
(c) The attorney-client or physician-patient relationship 574
does not arise out of the client's or patient's attempt to have 576
an abortion without the notification of her parents, guardian, or 578
custodian in accordance with section 2151.85 of the Revised Code. 579
(B) Anyone, who knows or suspects that a child under 581
eighteen years of age or a mentally retarded, developmentally 583
disabled, or physically impaired person under twenty-one years of 584
age has suffered or faces a threat of suffering any physical or 585
mental wound, injury, disability, or other condition of a nature 586
that reasonably indicates abuse or neglect of the child, may 587
report or cause reports to be made of that knowledge or suspicion 588
to the public children services agency or to a municipal or 590
county peace officer. 591
(C) Any report made pursuant to division (A) or (B) of 593
14
this section shall be made forthwith either by telephone or in 594
person and shall be followed by a written report, if requested by 596
the receiving agency or officer. The written report shall
contain: 597
(1) The names and addresses of the child and the child's 599
parents or the person or persons having custody of the child, if 600
known;
(2) The child's age and the nature and extent of the 602
child's known or suspected injuries, abuse, or neglect or of the 603
known or suspected threat of injury, abuse, or neglect, including 604
any evidence of previous injuries, abuse, or neglect; 605
(3) Any other information that might be helpful in 607
establishing the cause of the known or suspected injury, abuse, 608
or neglect or of the known or suspected threat of injury, abuse, 609
or neglect. 610
Any person, who is required by division (A) of this section 612
to report known or suspected child abuse or child neglect, may 613
take or cause to be taken color photographs of areas of trauma 614
visible on a child and, if medically indicated, cause to be 615
performed radiological examinations of the child. 616
(D)(1) Upon the receipt of a report concerning the 618
possible abuse or neglect of a child or the possible threat of 619
abuse or neglect of a child, the municipal or county peace 620
officer who receives the report shall refer the report to the 621
appropriate public children services agency. 623
(2) On receipt of a report pursuant to this division or 626
division (A) or (B) of this section, the public children services 628
agency shall comply with section 2151.422 of the Revised Code. 630
(E) No township, municipal, or county peace officer shall 632
remove a child about whom a report is made pursuant to this 633
section from the child's parents, stepparents, or guardian or any 634
other persons having custody of the child without consultation 635
with the public children services agency, unless, in the judgment 638
of the officer, and, if the report was made by physician, the 639
15
physician, immediate removal is considered essential to protect 640
the child from further abuse or neglect. The agency that must be 643
consulted shall be the agency conducting the investigation of the 644
report as determined pursuant to section 2151.422 of the Revised 645
Code. 646
(F)(1) Except as provided in section 2151.422 of the 649
Revised Code, the public children services agency shall 651
investigate, within twenty-four hours, each report of known or 653
suspected child abuse or child neglect and of a known or 654
suspected threat of child abuse or child neglect that is referred 655
to it under this section to determine the circumstances 656
surrounding the injuries, abuse, or neglect or the threat of 657
injury, abuse, or neglect, the cause of the injuries, abuse, 658
neglect, or threat, and the person or persons responsible. The 659
investigation shall be made in cooperation with the law
enforcement agency and in accordance with the memorandum of 660
understanding prepared under division (J) of this section. A 662
failure to make the investigation in accordance with the 663
memorandum is not grounds for, and shall not result in, the 665
dismissal of any charges or complaint arising from the report or 666
the suppression of any evidence obtained as a result of the 667
report and does not give, and shall not be construed as giving, 668
any rights or any grounds for appeal or post-conviction relief to 669
any person. The public children services agency shall report 672
each case to a central registry which the state department of 674
human services shall maintain in order to determine whether prior 675
reports have been made in other counties concerning the child or 676
other principals in the case. The public children services 677
agency shall submit a report of its investigation, in writing to 679
the law enforcement agency.
(2) The public children services agency shall make any 682
recommendations to the county prosecuting attorney or city 684
director of law that it considers necessary to protect any 685
children that are brought to its attention. 686
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(G)(1) Except as provided in division (H)(3) of this 688
section, anyone or any hospital, institution, school, health 689
department, or agency participating in the making of reports 690
under division (A) of this section, anyone or any hospital, 691
institution, school, health department, or agency participating 692
in good faith in the making of reports under division (B) of this 693
section, and anyone participating in good faith in a judicial 694
proceeding resulting from the reports, shall be immune from any 695
civil or criminal liability for injury, death, or loss to person 696
or property that otherwise might be incurred or imposed as a 697
result of the making of the reports or the participation in the 698
judicial proceeding. Notwithstanding section 4731.22 of the 699
Revised Code, the physician-patient privilege shall not be a 700
ground for excluding evidence regarding a child's injuries, 701
abuse, or neglect, or the cause of the injuries, abuse, or 702
neglect in any judicial proceeding resulting from a report 703
submitted pursuant to this section. 704
(2) In any civil or criminal action or proceeding in which 706
it is alleged and proved that participation in the making of a 707
report under this section was not in good faith or participation 708
in a judicial proceeding resulting from a report made under this 709
section was not in good faith, the court shall award the 710
prevailing party reasonable attorney's fees and costs and, if a 711
civil action or proceeding is voluntarily dismissed, may award 712
reasonable attorney's fees and costs to the party against whom 713
the civil action or proceeding is brought. 714
(H)(1) Except as provided in divisions (H)(4), (M), and 717
(N) of this section, a report made under this section is 718
confidential. The information provided in a report made pursuant 719
to this section and the name of the person who made the report 720
shall not be released for use, and shall not be used, as evidence 721
in any civil action or proceeding brought against the person who 722
made the report. In a criminal proceeding, the report is 723
admissible in evidence in accordance with the Rules of Evidence 724
17
and is subject to discovery in accordance with the Rules of 725
Criminal Procedure. 726
(2) No person shall permit or encourage the unauthorized 728
dissemination of the contents of any report made under this 729
section. 730
(3) A person who knowingly makes or causes another person 732
to make a false report under division (B) of this section that 733
alleges that any person has committed an act or omission that 734
resulted in a child being an abused child or a neglected child is 735
guilty of a violation of section 2921.14 of the Revised Code. 736
(4) A public children services agency shall advise a 739
person alleged to have inflicted abuse or neglect on a child who 740
is the subject of a report made pursuant to this section of the
disposition of the investigation. The agency shall not provide 741
to the person any information that identifies the person who made 743
the report, statements of witnesses, or police or other
investigative reports. 744
(I) Any report that is required by this section shall 746
result in protective services and emergency supportive services 747
being made available by the public children services agency on 749
behalf of the children about whom the report is made, in an 751
effort to prevent further neglect or abuse, to enhance their 752
welfare, and, whenever possible, to preserve the family unit 753
intact. The agency required to provide the services shall be the 755
agency conducting the investigation of the report pursuant to 756
section 2151.422 of the Revised Code. 758
(J)(1) Each public children services agency shall prepare 760
a memorandum of understanding that is signed by all of the 762
following:
(a) If there is only one juvenile judge in the county, the 765
juvenile judge of the county or the juvenile judge's 766
representative;
(b) If there is more than one juvenile judge in the 770
county, a juvenile judge or the juvenile judges' representative 771
18
selected by the juvenile judges or, if they are unable to do so 772
for any reason, the juvenile judge who is senior in point of 773
service or the senior juvenile judge's representative; 774
(c) The county peace officer; 777
(d) All chief municipal peace officers within the county; 780
(e) Other law enforcement officers handling child abuse 782
and neglect cases in the county; 783
(f) The prosecuting attorney of the county; public 786
(g) If the public children services agency is not the 788
county department of human services agency, the county department 790
of human services. 791
(2) A memorandum of understanding shall set forth the 793
normal operating procedure to be employed by all concerned 795
officials in the execution of their respective responsibilities 796
under this section and division (C) of section 2919.21, division 797
(B)(1) of section 2919.22, division (B) of section 2919.23, and 798
section 2919.24 of the Revised Code and shall have as two of its 799
primary goals the elimination of all unnecessary interviews of 800
children who are the subject of reports made pursuant to division 801
(A) or (B) of this section and, when feasible, providing for only 802
one interview of a child who is the subject of any report made 803
pursuant to division (A) or (B) of this section. A failure to 804
follow the procedure set forth in the memorandum by the concerned 806
officials is not grounds for, and shall not result in, the 807
dismissal of any charges or complaint arising from any reported 808
case of abuse or neglect or the suppression of any evidence 809
obtained as a result of any reported child abuse or child neglect 810
and does not give, and shall not be construed as giving, any 811
rights or any grounds for appeal or post-conviction relief to any 812
person. 813
(3) A memorandum of understanding shall include all of the 815
following: 816
(a) The roles and responsibilities for handling emergency 819
and non-emergency cases of abuse and neglect; 821
19
(b) Standards and procedures to be used in handling and 823
coordinating investigations of reported cases of child abuse and 824
reported cases of child neglect, methods to be used in 825
interviewing the child who is the subject of the report and who 826
allegedly was abused or neglected, and standards and procedures 827
addressing the categories of persons who may interview the child 828
who is the subject of the report and who allegedly was abused or 829
neglected. 830
(K)(1) Except as provided in division (K)(4) of this 833
section, a person who is required to make a report pursuant to 834
division (A) of this section may make a reasonable number of 835
requests of the public children services agency that receives or 836
is referred the report to be provided with the following 838
information:
(a) Whether the agency has initiated an investigation of 841
the report;
(b) Whether the agency is continuing to investigate the 844
report;
(c) Whether the agency is otherwise involved with the 848
child who is the subject of the report;
(d) The general status of the health and safety of the 850
child who is the subject of the report; 851
(e) Whether the report has resulted in the filing of a 853
complaint in juvenile court or of criminal charges in another 854
court. 855
(2) A person may request the information specified in 857
division (K)(1) of this section only if, at the time the report 858
is made, the person's name, address, and telephone number are 859
provided to the person who receives the report.
When a municipal or county peace officer or employee of a 861
public children services agency receives a report pursuant to 864
division (A) or (B) of this section the recipient of the report 865
shall inform the person of the right to request the information 867
described in division (K)(1) of this section. The recipient of
20
the report shall include in the initial child abuse or child 868
neglect report that the person making the report was so informed 869
and, if provided at the time of the making of the report, shall 870
include the person's name, address, and telephone number in the 871
report.
Each request is subject to verification of the identity of 873
the person making the report. If that person's identity is 876
verified, the agency shall provide the person with the 878
information described in division (K)(1) of this section a 879
reasonable number of times, except that the agency shall not
disclose any confidential information regarding the child who is 881
the subject of the report other than the information described in 882
those divisions.
(3) A request made pursuant to division (K)(1) of this 884
section is not a substitute for any report required to be made 885
pursuant to division (A) of this section. 886
(4) If an agency other than the agency that received or 889
was referred the report is conducting the investigation of the 890
report pursuant to section 2151.422 of the Revised Code, the 892
agency conducting the investigation shall comply with the 893
requirements of division (K) OF THIS SECTION. 894
(L) The department of human services shall adopt rules in 896
accordance with Chapter 119. of the Revised Code to implement 899
this section. The department may enter into a plan of 901
cooperation with any other governmental entity to aid in ensuring 902
that children are protected from abuse and neglect. The 903
department shall make recommendations to the attorney general 904
that the department determines are necessary to protect children 905
from child abuse and child neglect. 906
(M) No later than the end of the day following the day on 909
which a public children services agency receives a report of 910
alleged child abuse or child neglect, or a report of an alleged 911
threat of child abuse or child neglect, that allegedly occurred 912
in or involved an out-of-home care entity, the agency shall 913
21
provide written notice of the allegations contained in and the 915
person named as the alleged perpetrator in the report to the 916
administrator, director, or other chief administrative officer of 917
the out-of-home care entity that is the subject of the report 918
unless the administrator, director, or other chief administrative 919
officer is named as an alleged perpetrator in the report. If the 920
administrator, director, or other chief administrative officer of 921
an out-of-home care entity is named as an alleged perpetrator in 922
a report of alleged child abuse or child neglect, or a report of 923
an alleged threat of child abuse or child neglect, that allegedly 924
occurred in or involved the out-of-home care entity, the agency 925
shall provide the written notice to the owner or governing board 927
of the out-of-home care entity that is the subject of the report. 928
The agency shall not provide witness statements or police or 930
other investigative reports.
(N) No later than three days after the day on which a 933
public children services agency that conducted the investigation 934
as determined pursuant to section 2151.422 of the Revised Code 935
makes a disposition of an investigation involving a report of 936
alleged child abuse or child neglect, or a report of an alleged 937
threat of child abuse or child neglect, that allegedly occurred 938
in or involved an out-of-home care entity, the agency shall send 941
written notice of the disposition of the investigation to the 942
administrator, director, or other chief administrative officer 943
and the owner or governing board of the out-of-home care entity. 944
The agency shall not provide witness statements or police or 946
other investigative reports.
Section 2. That existing sections 2151.011 and 2151.421 of 948
the Revised Code are hereby repealed. 949
Section 3. Section 2151.421 of the Revised Code is 951
presented in this act as a composite of the section as amended by 953
both Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General 954
Assembly, with the new language of neither of the acts shown in 956
capital letters. This is in recognition of the principle stated 957
22
in division (B) of section 1.52 of the Revised Code that such 958
amendments are to be harmonized where not substantively 959
irreconcilable and constitutes a legislative finding that such is 960
the resulting version in effect prior to the effective date of 961
this act.