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           

                                                          3      

                                                                 
      (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          

                                                          4      

                                                                 
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          

                                                          5      

                                                                 
      (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          

                                                          6      

                                                                 
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          

                                                          7      

                                                                 
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          

                                                          12     

                                                                 
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          

                                                          16     

                                                                 
      (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.