As Introduced 1
123rd General Assembly 4
Regular Session H.B. No. 448 5
1999-2000 6
REPRESENTATIVES METZGER-FORD-HARRIS-TIBERI-O'BRIEN- 7
WINKLER-HARTNETT-OLMAN-JERSE-HOLLISTER-DEPIERO- 8
TERWILLEGER-BRITTON-FLANNERY 9
_________________________________________________________________ 11
A B I L L
To amend sections 117.13, 121.22, 149.43, 305.14, 13
2151.421, 2317.02, 4731.22, and 5101.141 and to 14
enact sections 117.191, 307.621, 307.622, 15
307.623, 307.624, 307.625, 307.626, 307.627,
307.628, 307.629, 307.6210, 3701.045, 3705.071, 16
5101.145, 5101.146, 5101.147, 5153.171, 5153.172, 17
and 5153.173 of the Revised Code to revise the 18
law governing audits of public children services 19
agencies, private child placing agencies, and 20
private noncustodial agencies; to require the 21
establishment in each county or region of a board
for the purpose of reviewing deaths of children 22
under age eighteen; to permit a public children 23
services agency to employ legal counsel without 24
the consent of the court of common pleas; to
require that procedures for fiscal accountability 25
of child welfare services be established and 26
followed; and to revise the law governing how
reports of child abuse or neglect are maintained. 27
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 29
Section 1. That sections 117.13, 121.22, 149.43, 305.14, 31
2151.421, 2317.02, 4731.22, and 5101.141 be amended and sections 32
117.191, 307.621, 307.622, 307.623, 307.624, 307.625, 307.626, 33
307.627, 307.628, 307.629, 307.6210, 3701.045, 3705.071, 34
2
5101.145, 5101.146, 5101.147, 5153.171, 5153.172, and 5153.173 of 35
the Revised Code be enacted to read as follows: 37
Sec. 117.13. (A) The costs of audits of state agencies 46
shall be recovered by the auditor of state in the following 47
manner: 48
(1) The costs of all audits of state agencies shall be 50
paid to the auditor of state on statements rendered by him THE 51
AUDITOR OF STATE. Money so received by the auditor of state shall 53
be paid into the state treasury to the credit of the public audit 54
expense fund--intrastate, which is hereby created, and shall be 55
used to pay costs related to such audits. The costs of all 56
annual and special audits of a state agency shall be charged to 57
the state agency being audited. The costs of all biennial audits 58
of a state agency shall be paid from money appropriated to the 59
department of administrative services for that purpose. The 60
costs of any assistant auditor, employee, or expert employed 61
pursuant to section 117.09 of the Revised Code called upon to 62
testify in any legal proceedings in regard to any audit, or 63
called upon to review or discuss any matter related to any audit, 64
may be charged to the state agency to which the audit relates. 65
(2) The auditor of state shall establish by rule rates to 67
be charged to state agencies or to the department of 68
administrative services for recovering the costs of audits of 69
state agencies. 70
(B) Any (1) EXCEPT AS PROVIDED IN DIVISION (B)(2) OF THIS 73
SECTION, ANY costs of an audit of a private institution, 74
association, board, or corporation receiving public money for its 75
use shall be charged to the public office providing the public 76
money in the same manner as costs of an audit of the public 77
office; 78
(2) THE COSTS OF AN AUDIT OF A PRIVATE CHILD PLACING 80
AGENCY OR PRIVATE NONCUSTODIAL AGENCY RECEIVING PUBLIC MONEY FOR 81
ITS USE SHALL BE CHARGED TO THE AGENCY BEING AUDITED IN THE SAME 82
MANNER AS COSTS OF AN AUDIT OF A PUBLIC OFFICE. 83
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(C) The costs of audits of local public offices shall be 85
recovered by the auditor of state in the following manner: 86
(1) The total amount of compensation paid assistant 88
auditors of state, their expenses, the cost of employees assigned 89
to assist the assistant auditors of state, the cost of experts 90
employed pursuant to section 117.09 of the Revised Code, and the 91
cost of typing, reviewing, and copying reports shall be borne by 92
the public office to which such assistant auditors of state are 93
so assigned, except that annual vacation and sick leave of 94
assistant auditors of state, employees, and typists shall be 95
financed from the general revenue fund. The necessary traveling 96
and hotel expenses of the deputy inspectors and supervisors of 97
public offices shall be paid from the state treasury. Assistant 98
auditors of state shall be compensated by the taxing district or 99
other public office audited for activities undertaken pursuant to 100
division (B) of section 117.18 and section 117.24 of the Revised 101
Code. The costs of any assistant auditor, employee, or expert 102
employed pursuant to section 117.09 of the Revised Code called 103
upon to testify in any legal proceedings in regard to any audit, 104
or called upon to review or discuss any matter related to any 105
audit, may be charged to the public office to which the audit 106
relates. 107
(2) The auditor of state shall certify the amount of such 109
compensation, expenses, cost of experts, reviewing, copying, and 110
typing to the fiscal officer of the local public office audited. 111
The fiscal officer of the local public office shall forthwith 112
draw his A warrant upon the general fund or other appropriate 113
funds of the local public office to the order of the auditor of 115
state; provided, that the auditor of state is authorized to 116
negotiate with any local public office and, upon agreement 117
between the auditor of state and the local public office, may 118
adopt a schedule for payment of the amount due under this 119
section. Money so received by the auditor of state shall be paid 120
into the state treasury to the credit of the public audit expense 121
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fund--local government, which is hereby created, and shall be 122
used to pay the compensation, expense, cost of experts and 123
employees, reviewing, copying, and typing of reports. 124
(3) At the conclusion of each audit, or analysis and 126
report made pursuant to section 117.24 of the Revised Code, the 127
auditor of state shall furnish the fiscal officer of the local 128
public office audited a statement showing the total cost of the 129
audit, or of the audit and the analysis and report, and the 130
percentage of the total cost chargeable to each fund audited. The 132
fiscal officer may distribute such total cost to each fund
audited in accordance with its percentage of the total cost. 133
(4) The auditor of state shall provide each local public 135
office a statement or certification of the amount due from the 136
public office for services performed by the auditor of state 137
under this or any other section of the Revised Code, as well as 138
the date upon which payment is due to the auditor of state. Any 139
local public office that does not pay the amount due to the 140
auditor of state by that date may be assessed by the auditor of 141
state for interest from the date upon which the payment is due at 142
the rate per annum prescribed by section 5703.47 of the Revised 143
Code. All interest charges assessed by the auditor of state may 144
be collected in the same manner as audit costs pursuant to 145
division (D) of this section. 146
(D) If the auditor of state fails to receive payment for 148
any amount due from a public office for services performed under 149
this or any other section of the Revised Code, he THE AUDITOR OF 150
STATE may seek payment through the office of budget and 152
management. Upon certification by the auditor of state to the 153
director of budget and management of any such amount due, the 154
director shall withhold from the public office any amount 155
available, up to and including the amount certified as due, from 156
any funds under his THE DIRECTOR'S control that belong to or are 157
lawfully payable or due to the public office. The director shall 158
promptly pay the amount withheld to the auditor of state. If the 159
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director determines that no funds due and payable to the public 160
office are available or that insufficient amounts of such funds 161
are available to cover the amount due, the director shall 162
withhold and pay to the auditor of state the amounts available 163
and, in the case of a local public office, certify the remaining 164
amount to the county auditor of the county in which the local 165
public office is located. The county auditor shall withhold from 166
the local public office any amount available, up to and including 167
the amount certified as due, from any funds under his THE COUNTY 168
AUDITOR'S control and belonging to or lawfully payable or due to 170
the local public office. The county auditor shall promptly pay 171
any such amount withheld to the auditor of state. 172
Sec. 117.191. WHEN THE AUDITOR OF STATE AUDITS A PUBLIC 174
CHILDREN SERVICES AGENCY, PRIVATE CHILD PLACING AGENCY, OR 175
PRIVATE NONCUSTODIAL AGENCY, ALL OF THE FOLLOWING SHALL APPLY: 176
(A) THE AUDITING TEAM SHALL INCLUDE A REPRESENTATIVE OF A 178
NATIONAL NONPROFIT ORGANIZATION WITH EXPERTISE IN CHILD WELFARE 180
ISSUES;
(B) THE AUDIT SHALL COVER A TWELVE-MONTH PERIOD AND SHALL 182
INCLUDE ONLY TRANSACTIONS THAT WERE BOTH BILLED AND PAID; 183
(C) THE AUDIT SHALL FOCUS ON FISCAL ACCOUNTABILITY RATHER 185
THAN CLINICAL DECISION MAKING; 186
(D) THE AUDITOR OF STATE SHALL COMMUNICATE INITIALLY AND 188
THROUGHOUT THE AUDIT WITH THE AGENCY BEING AUDITED REGARDING THE 190
PARAMETERS OF THE AUDIT, THE PROCEDURES USED IN THE AUDIT, AND 191
THE STATUS OF THE AUDIT; 192
(E) THE AUDITOR OF STATE SHALL PROVIDE THE AGENCY WITH A 194
COPY OF THE AUDIT REPORT AND GIVE THE AGENCY AN OPPORTUNITY TO 196
RESPOND BEFORE RELEASING THE REPORT. 197
Sec. 121.22. (A) This section shall be liberally 206
construed to require public officials to take official action and 207
to conduct all deliberations upon official business only in open 208
meetings unless the subject matter is specifically excepted by 209
law. 210
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(B) As used in this section: 212
(1) "Public body" means any of the following: 214
(a) Any board, commission, committee, council, or similar 216
decision-making body of a state agency, institution, or 217
authority, and any legislative authority or board, commission, 218
committee, council, agency, authority, or similar decision-making 220
body of any county, township, municipal corporation, school 221
district, or other political subdivision or local public 222
institution;
(b) Any committee or subcommittee of a body described in 224
division (B)(1)(a) of this section; 225
(c) A court of jurisdiction of a sanitary district 227
organized wholly for the purpose of providing a water supply for 228
domestic, municipal, and public use when meeting for the purpose 230
of the appointment, removal, or reappointment of a member of the 231
board of directors of such a district pursuant to section 6115.10
of the Revised Code, if applicable, or for any other matter 232
related to such a district other than litigation involving the 233
district. As used in division (B)(1)(c) of this section, "court 234
of jurisdiction" has the same meaning as "court" in section 235
6115.01 of the Revised Code.
(2) "Meeting" means any prearranged discussion of the 237
public business of the public body by a majority of its members. 238
(3) "Regulated individual" means either of the following: 240
(a) A student in a state or local public educational 242
institution; 243
(b) A person who is, voluntarily or involuntarily, an 245
inmate, patient, or resident of a state or local institution 246
because of criminal behavior, mental illness or retardation, 247
disease, disability, age, or other condition requiring custodial 248
care. 249
(C) All meetings of any public body are declared to be 251
public meetings open to the public at all times. A member of a 252
public body shall be present in person at a meeting open to the 254
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public to be considered present or to vote at the meeting and for 255
purposes of determining whether a quorum is present at the 256
meeting. 257
The minutes of a regular or special meeting of any public 260
body shall be promptly prepared, filed, and maintained and shall 261
be open to public inspection. The minutes need only reflect the 262
general subject matter of discussions in executive sessions 263
authorized under division (G) or (J) of this section.
(D) This section does not apply to a ANY OF THE FOLLOWING: 265
(1) A grand jury, to an; 267
(2) AN audit conference conducted by the auditor of state 270
or independent certified public accountants with officials of the 271
public office that is the subject of the audit, to the; 272
(3) THE adult parole authority when its hearings are 275
conducted at a correctional institution for the sole purpose of 276
interviewing inmates to determine parole or pardon, to the; 277
(4) THE organized crime investigations commission 279
established under section 177.01 of the Revised Code, to the; 280
(5) MEETINGS OF A CHILD FATALITY REVIEW BOARD ESTABLISHED 282
UNDER SECTION 307.622 OF THE REVISED CODE AND MEETINGS CONDUCTED 283
PURSUANT TO SECTIONS 5153.171 TO 5153.173 OF THE REVISED CODE; 284
(6) THE state medical board when determining whether to 287
suspend a certificate without a prior hearing pursuant to 288
division (G) of either section 4730.25 or 4731.22 of the Revised 290
Code, to the; 291
(7) THE board of nursing when determining whether to 294
suspend a license without a prior hearing pursuant to division 295
(B) of section 4723.181 of the Revised Code, or to the; 296
(8) THE executive committee of the emergency response 298
commission when determining whether to issue an enforcement order 299
or request that a civil action, civil penalty action, or criminal 300
action be brought to enforce Chapter 3750. of the Revised Code. 301
(E) The controlling board, the development financing 303
advisory council, the industrial technology and enterprise 304
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advisory council, the tax credit authority, or the minority 306
development financing advisory board, when meeting to consider 307
granting assistance pursuant to Chapter 122. or 166. of the 308
Revised Code, in order to protect the interest of the applicant 309
or the possible investment of public funds, by unanimous vote of 310
all board, council, or authority members present, may close the 312
meeting during consideration of the following information 314
confidentially received by the authority, council, or board from 315
the applicant: 317
(1) Marketing plans; 319
(2) Specific business strategy; 321
(3) Production techniques and trade secrets; 323
(4) Financial projections; 325
(5) Personal financial statements of the applicant or 327
members of the applicant's immediate family, including, but not 328
limited to, tax records or other similar information not open to 330
public inspection. 331
The vote by the authority, council, or board to accept or 335
reject the application, as well as all proceedings of the
authority, council, or board not subject to this division, shall 338
be open to the public and governed by this section.
(F) Every public body, by rule, shall establish a 340
reasonable method whereby any person may determine the time and 341
place of all regularly scheduled meetings and the time, place, 342
and purpose of all special meetings. A public body shall not 343
hold a special meeting unless it gives at least twenty-four 344
hours' advance notice to the news media that have requested 345
notification, except in the event of an emergency requiring 346
immediate official action. In the event of an emergency, the 347
member or members calling the meeting shall notify the news media 348
that have requested notification immediately of the time, place, 349
and purpose of the meeting. 350
The rule shall provide that any person, upon request and 353
payment of a reasonable fee, may obtain reasonable advance
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notification of all meetings at which any specific type of public 354
business is to be discussed. Provisions for advance notification 355
may include, but are not limited to, mailing the agenda of 356
meetings to all subscribers on a mailing list or mailing notices 357
in self-addressed, stamped envelopes provided by the person. 358
(G) Except as provided in division (J) of this section, 361
the members of a public body may hold an executive session only 362
after a majority of a quorum of the public body determines, by a 363
roll call vote, to hold an executive session and only at a 365
regular or special meeting for the sole purpose of the
consideration of any of the following matters: 366
(1) To consider the appointment, employment, dismissal, 368
discipline, promotion, demotion, or compensation of a public 369
employee or official, or the investigation of charges or 370
complaints against a public employee, official, licensee, or 371
regulated individual, unless the public employee, official, 372
licensee, or regulated individual requests a public hearing. 373
Except as otherwise provided by law, no public body shall hold an 374
executive session for the discipline of an elected official for 375
conduct related to the performance of the elected official's 376
official duties or for the elected official's removal from 378
office. If a public body holds an executive session pursuant to 380
division (G)(1) of this section, the motion and vote to hold that 381
executive session shall state which one or more of the approved 382
purposes listed in division (G)(1) of this section are the 383
purposes for which the executive session is to be held, but need 384
not include the name of any person to be considered at the 385
meeting.
(2) To consider the purchase of property for public 387
purposes, or for the sale of property at competitive bidding, if 388
premature disclosure of information would give an unfair 389
competitive or bargaining advantage to a person whose personal, 390
private interest is adverse to the general public interest. No 391
member of a public body shall use division (G)(2) of this section 393
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as a subterfuge for providing covert information to prospective 395
buyers or sellers. A purchase or sale of public property is void 396
if the seller or buyer of the public property has received covert 397
information from a member of a public body that has not been 398
disclosed to the general public in sufficient time for other 399
prospective buyers and sellers to prepare and submit offers. 400
If the minutes of the public body show that all meetings 402
and deliberations of the public body have been conducted in 403
compliance with this section, any instrument executed by the 404
public body purporting to convey, lease, or otherwise dispose of 405
any right, title, or interest in any public property shall be 406
conclusively presumed to have been executed in compliance with 407
this section insofar as title or other interest of any bona fide 408
purchasers, lessees, or transferees of the property is concerned. 409
(3) Conferences with an attorney for the public body 411
concerning disputes involving the public body that are the 412
subject of pending or imminent court action; 413
(4) Preparing for, conducting, or reviewing negotiations 415
or bargaining sessions with public employees concerning their 416
compensation or other terms and conditions of their employment; 417
(5) Matters required to be kept confidential by federal 419
law or regulations or state statutes; 420
(6) Specialized details of security arrangements if 422
disclosure of the matters discussed might reveal information that 423
could be used for the purpose of committing, or avoiding 424
prosecution for, a violation of the law; 425
(7) In the case of a county hospital operated pursuant to 427
Chapter 339. of the Revised Code, to consider trade secrets, as 429
defined in section 1333.61 of the Revised Code.
If a public body holds an executive session to consider any 431
of the matters listed in divisions (G)(2) to (7) of this section, 433
the motion and vote to hold that executive session shall state 434
which one or more of the approved matters listed in those 435
divisions are to be considered at the executive session. 436
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A public body specified in division (B)(1)(c) of this 439
section shall not hold an executive session when meeting for the
purposes specified in that division. 440
(H) A resolution, rule, or formal action of any kind is 442
invalid unless adopted in an open meeting of the public body. A 443
resolution, rule, or formal action adopted in an open meeting 444
that results from deliberations in a meeting not open to the 445
public is invalid unless the deliberations were for a purpose 446
specifically authorized in division (G) or (J) of this section 447
and conducted at an executive session held in compliance with 448
this section. A resolution, rule, or formal action adopted in an 449
open meeting is invalid if the public body that adopted the 450
resolution, rule, or formal action violated division (F) of this 451
section. 452
(I)(1) Any person may bring an action to enforce this 454
section. An action under division (I)(1) of this section shall 456
be brought within two years after the date of the alleged 457
violation or threatened violation. Upon proof of a violation or 458
threatened violation of this section in an action brought by any 459
person, the court of common pleas shall issue an injunction to 460
compel the members of the public body to comply with its 461
provisions. 462
(2)(a) If the court of common pleas issues an injunction 464
pursuant to division (I)(1) of this section, the court shall 465
order the public body that it enjoins to pay a civil forfeiture 466
of five hundred dollars to the party that sought the injunction 467
and shall award to that party all court costs and, subject to 468
reduction as described in division (I)(2) of this section, 470
reasonable attorney's fees. The court, in its discretion, may 471
reduce an award of attorney's fees to the party that sought the 472
injunction or not award attorney's fees to that party if the 473
court determines both of the following: 474
(i) That, based on the ordinary application of statutory 476
law and case law as it existed at the time of violation or 477
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threatened violation that was the basis of the injunction, a 478
well-informed public body reasonably would believe that the 479
public body was not violating or threatening to violate this 480
section; 481
(ii) That a well-informed public body reasonably would 483
believe that the conduct or threatened conduct that was the basis 484
of the injunction would serve the public policy that underlies 485
the authority that is asserted as permitting that conduct or 486
threatened conduct. 487
(b) If the court of common pleas does not issue an 489
injunction pursuant to division (I)(1) of this section and the 490
court determines at that time that the bringing of the action was 491
frivolous conduct, as defined in division (A) of section 2323.51 492
of the Revised Code, the court shall award to the public body all 493
court costs and reasonable attorney's fees, as determined by the 494
court. 495
(3) Irreparable harm and prejudice to the party that 497
sought the injunction shall be conclusively and irrebuttably 498
presumed upon proof of a violation or threatened violation of 499
this section. 500
(4) A member of a public body who knowingly violates an 502
injunction issued pursuant to division (I)(1) of this section may 503
be removed from office by an action brought in the court of 504
common pleas for that purpose by the prosecuting attorney or the 505
attorney general. 506
(J)(1) Pursuant to division (C) of section 5901.09 of the 508
Revised Code, a veterans service commission shall hold an 509
executive session for one or more of the following purposes 510
unless an applicant requests a public hearing: 511
(a) Interviewing an applicant for financial assistance 513
under sections 5901.01 to 5901.15 of the Revised Code; 514
(b) Discussing applications, statements, and other 516
documents described in division (B) of section 5901.09 of the 517
Revised Code; 518
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(c) Reviewing matters relating to an applicant's request 520
for financial assistance under sections 5901.01 to 5901.15 of the 521
Revised Code.
(2) A veterans service commission shall not exclude an 523
applicant for, recipient of, or former recipient of financial 524
assistance under sections 5901.01 to 5901.15 of the Revised Code, 525
and shall not exclude representatives selected by the applicant, 527
recipient, or former recipient, from a meeting that the
commission conducts as an executive session that pertains to the 528
applicant's, recipient's, or former recipient's application for 529
financial assistance.
(3) A veterans service commission shall vote on the grant 531
or denial of financial assistance under sections 5901.01 to 532
5901.15 of the Revised Code only in an open meeting of the 534
commission. The minutes of the meeting shall indicate the name, 535
address, and occupation of the applicant, whether the assistance 536
was granted or denied, the amount of the assistance if assistance 537
is granted, and the votes for and against the granting of 538
assistance.
Sec. 149.43. (A) As used in this section: 547
(1) "Public record" means any record that is kept by any 549
public office, including, but not limited to, state, county, 550
city, village, township, and school district units, except that 552
"public record" does not mean any of the following:
(a) Medical records; 554
(b) Records pertaining to probation and parole 556
proceedings;
(c) Records pertaining to actions under section 2151.85 558
and division (C) of section 2919.121 of the Revised Code and to 560
appeals of actions arising under those sections; 561
(d) Records pertaining to adoption proceedings, including 563
the contents of an adoption file maintained by the department of 564
health under section 3705.12 of the Revised Code; 565
(e) Information in a record contained in the putative 567
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father registry established by section 3107.062 of the Revised 568
Code, regardless of whether the information is held by the 569
department of human services or, pursuant to section 5101.313 of 570
the Revised Code, the division of child support in the department 571
or a child support enforcement agency;
(f) Records listed in division (A) of section 3107.42 of 573
the Revised Code or specified in division (A) of section 3107.52 574
of the Revised Code;
(g) Trial preparation records; 576
(h) Confidential law enforcement investigatory records; 578
(i) Records containing information that is confidential 580
under section 2317.023 or 4112.05 of the Revised Code; 581
(j) DNA records stored in the DNA database pursuant to 584
section 109.573 of the Revised Code;
(k) Inmate records released by the department of 586
rehabilitation and correction to the department of youth services 588
or a court of record pursuant to division (E) of section 5120.21 589
of the Revised Code;
(l) Records maintained by the department of youth services 591
pertaining to children in its custody released by the department 592
of youth services to the department of rehabilitation and 593
correction pursuant to section 5139.05 of the Revised Code; 594
(m) Intellectual property records; 596
(n) Donor profile records; 598
(o) Records maintained by the department of human services 600
pursuant to section 5101.312 of the Revised Code; 601
(p) In the case of a county hospital operated pursuant to 604
Chapter 339. of the Revised Code, information that constitutes a 606
trade secret, as defined in section 1333.61 of the Revised Code; 607
(q) RECORDS PROVIDED TO, STATEMENTS MADE BY REVIEW BOARD 609
MEMBERS DURING MEETINGS OF, AND ALL WORK PRODUCTS OF A CHILD 610
FATALITY REVIEW BOARD ACTING UNDER SECTIONS 307.621 TO 307.6210 611
OF THE REVISED CODE, OTHER THAN THE REPORT PREPARED PURSUANT TO 612
SECTION 307.627 OF THE REVISED CODE; 613
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(r) RECORDS PROVIDED TO AND STATEMENTS MADE BY THE 615
EXECUTIVE DIRECTOR OF A PUBLIC CHILDREN SERVICES AGENCY OR A 616
PROSECUTING ATTORNEY ACTING PURSUANT TO SECTION 5153.171 OF THE 618
REVISED CODE OTHER THAN THE INFORMATION RELEASED UNDER THAT 620
SECTION;
(s) Records the release of which is prohibited by state or 622
federal law. 623
(2) "Confidential law enforcement investigatory record" 625
means any record that pertains to a law enforcement matter of a 626
criminal, quasi-criminal, civil, or administrative nature, but 627
only to the extent that the release of the record would create a 628
high probability of disclosure of any of the following: 629
(a) The identity of a suspect who has not been charged 631
with the offense to which the record pertains, or of an 632
information source or witness to whom confidentiality has been 633
reasonably promised; 634
(b) Information provided by an information source or 636
witness to whom confidentiality has been reasonably promised, 637
which information would reasonably tend to disclose the source's 638
or witness's identity; 639
(c) Specific confidential investigatory techniques or 641
procedures or specific investigatory work product; 642
(d) Information that would endanger the life or physical 644
safety of law enforcement personnel, a crime victim, a witness, 645
or a confidential information source. 646
(3) "Medical record" means any document or combination of 648
documents, except births, deaths, and the fact of admission to or 649
discharge from a hospital, that pertains to the medical history, 650
diagnosis, prognosis, or medical condition of a patient and that 651
is generated and maintained in the process of medical treatment. 652
(4) "Trial preparation record" means any record that 654
contains information that is specifically compiled in reasonable 655
anticipation of, or in defense of, a civil or criminal action or 656
proceeding, including the independent thought processes and 657
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personal trial preparation of an attorney. 658
(5) "Intellectual property record" means a record, other 661
than a financial or administrative record, that is produced or
collected by or for faculty or staff of a state institution of 662
higher learning in the conduct of or as a result of study or 663
research on an educational, commercial, scientific, artistic, 664
technical, or scholarly issue, regardless of whether the study or 665
research was sponsored by the institution alone or in conjunction
with a governmental body or private concern, and that has not 667
been publicly released, published, or patented. 668
(6) "Donor profile record" means all records about donors 670
or potential donors to a public institution of higher education 671
except the names and reported addresses of the actual donors and 672
the date, amount, and conditions of the actual donation. 673
(B) All public records shall be promptly prepared and made 675
available for inspection to any person at all reasonable times 676
during regular business hours. Upon request, a person 677
responsible for public records shall make copies available at 678
cost, within a reasonable period of time. In order to facilitate 679
broader access to public records, governmental units shall 680
maintain public records in a manner that they can be made 681
available for inspection in accordance with this division. 682
(C) If a person allegedly is aggrieved by the failure of a 684
governmental unit to promptly prepare a public record and to make 685
it available to the person for inspection in accordance with 686
division (B) of this section, or if a person who has requested a 688
copy of a public record allegedly is aggrieved by the failure of 689
a person responsible for the public record to make a copy 690
available to the person allegedly aggrieved in accordance with 692
division (B) of this section, the person allegedly aggrieved may 693
commence a mandamus action to obtain a judgment that orders the 694
governmental unit or the person responsible for the public record 695
to comply with division (B) of this section and that awards 696
reasonable attorney's fees to the person that instituted the 697
17
mandamus action. The mandamus action may be commenced in the
court of common pleas of the county in which division (B) of this 698
section allegedly was not complied with, in the supreme court 699
pursuant to its original jurisdiction under Section 2 of Article 700
IV, Ohio Constitution, or in the court of appeals for the 701
appellate district in which division (B) of this section 702
allegedly was not complied with pursuant to its original 703
jurisdiction under Section 3 of Article IV, Ohio Constitution. 704
(D) Chapter 1347. of the Revised Code does not limit the 706
provisions of this section. 707
(E)(1) The bureau of motor vehicles may adopt rules 709
pursuant to Chapter 119. of the Revised Code to reasonably limit 711
the number of bulk commercial special extraction requests made by
a person for the same records or for updated records during a 712
calendar year. The rules may include provisions for charges to 713
be made for bulk commercial special extraction requests for the 715
actual cost of the bureau, plus special extraction costs, plus 716
ten per cent. The bureau may charge for expenses for redacting 717
information, the release of which is prohibited by law. 718
(2) As used in division (E)(1) of this section: 720
(a) "Actual cost" means the cost of depleted supplies, 722
records storage media costs, actual mailing and alternative 723
delivery costs, or other transmitting costs, and any direct 724
equipment operating and maintenance costs, including actual costs 725
paid to private contractors for copying services. 726
(b) "Bulk commercial special extraction request" means a 728
request for copies of a record for information in a format other 729
than the format already available, or information that cannot be 730
extracted without examination of all items in a records series, 731
class of records, or data base by a person who intends to use or 732
forward the copies for surveys, marketing, solicitation, or 733
resale for commercial purposes. "Bulk commercial special 734
extraction request" does not include a request by a person who 735
gives assurance to the bureau that the person making the request 736
18
does not intend to use or forward the requested copies for 737
surveys, marketing, solicitation, or resale for commercial 738
purposes.
(c) "Commercial" means profit-seeking production, buying, 740
or selling of any good, service, or other product. 741
(d) "Special extraction costs" means the cost of the time 743
spent by the lowest paid employee competent to perform the task, 744
the actual amount paid to outside private contractors employed by 745
the bureau, or the actual cost incurred to create computer 746
programs to make the special extraction. "Special extraction 747
costs" include any charges paid to a public agency for computer
or records services. 748
(3) For purposes of divisions (E)(1) and (2) of this 751
section, "commercial surveys, marketing, solicitation, or resale" 752
shall be narrowly construed and does not include reporting or
gathering news, reporting or gathering information to assist 754
citizen oversight or understanding of the operation or activities 755
of government, or nonprofit educational research. 756
Sec. 305.14. (A) The court of common pleas, upon the 765
application of the prosecuting attorney and the board of county 766
commissioners, may authorize the board to employ legal counsel to 767
assist the prosecuting attorney, the board, or any other county 768
officer in any matter of public business coming before such board 769
or officer, and in the prosecution or defense of any action or 770
proceeding in which such board or officer is a party or has an 771
interest, in its official capacity. 772
(B) The board of county commissioners may also employ 774
legal counsel, as provided in section 309.09 of the Revised Code, 775
to represent it in any matter of public business coming before 776
such board, and in the prosecution or defense of any action or 777
proceeding in which such board is a party or has an interest, in 778
its official capacity. 779
(C) Notwithstanding division (A) of this section, a county 781
board of mental retardation and developmental disabilities OR A 782
19
PUBLIC CHILDREN SERVICES AGENCY may, without the authorization of 784
the court of common pleas, employ legal counsel to advise it or 785
to represent it or any of its members or employees in any matter 786
of public business coming before the board OR AGENCY or in the 787
prosecution or defense of any action or proceeding in which the 789
board OR AGENCY in its official capacity, or a board OR AGENCY 791
member or employee in his THE MEMBER'S OR EMPLOYEE'S official 793
capacity, is a party or has an interest, except that in any legal 794
proceeding in which the prosecuting attorney is fully able to 795
perform his THE PROSECUTING ATTORNEY'S statutory duty to 797
represent the board OR AGENCY without conflict of interest, the
board OR AGENCY shall employ other counsel only with the written 799
consent of the prosecuting attorney. In any legal proceeding in 801
which the prosecuting attorney is unable, for any reason, to 802
represent the board OR AGENCY, he THE PROSECUTING ATTORNEY shall 803
so notify the board OR AGENCY, and the board OR AGENCY may then 805
employ counsel for the proceeding without further permission from 806
any authority. 807
Sec. 307.621. AS USED IN SECTIONS 307.621 TO 307.6210 OF 810
THE REVISED CODE, "IMMEDIATE FAMILY" MEANS BIOLOGICAL SIBLINGS OF 812
A CHILD, BIOLOGICAL SIBLINGS WHO SHARE ONLY ONE BIOLOGICAL PARENT 813
WITH THE CHILD, SIBLINGS BY ADOPTION, A BIOLOGICAL PARENT, OR A 814
PARENT BY ADOPTION.
Sec. 307.622. A BOARD OF COUNTY COMMISSIONERS SHALL 816
APPOINT A HEALTH COMMISSIONER OF THE BOARD OF HEALTH OF A CITY OR 818
GENERAL HEALTH DISTRICT THAT IS ENTIRELY OR PARTIALLY LOCATED IN 819
THE COUNTY IN WHICH THE BOARD OF COUNTY COMMISSIONERS IS LOCATED 820
TO ESTABLISH A CHILD FATALITY REVIEW BOARD TO REVIEW THE DEATHS 821
OF CHILDREN UNDER EIGHTEEN YEARS OF AGE. THE BOARDS OF COUNTY
COMMISSIONERS OF TWO OR MORE COUNTIES MAY, BY ADOPTING A JOINT 823
RESOLUTION PASSED BY A MAJORITY OF THE MEMBERS OF EACH 824
PARTICIPATING BOARD OF COUNTY COMMISSIONERS, CREATE A REGIONAL 825
CHILD FATALITY REVIEW BOARD TO SERVE ALL PARTICIPATING COUNTIES. 826
THE JOINT RESOLUTION SHALL APPOINT, FOR EACH COUNTY PARTICIPATING
20
AS PART OF THE REGIONAL REVIEW BOARD, ONE HEALTH COMMISSIONER 828
FROM A BOARD OF HEALTH OF A CITY OR GENERAL HEALTH DISTRICT 829
LOCATED AT LEAST IN PART IN EACH COUNTY. THE HEALTH
COMMISSIONERS APPOINTED SHALL SELECT ONE OF THEIR NUMBER AS THE 830
HEALTH COMMISSIONER TO ESTABLISH THE REGIONAL REVIEW BOARD. THE 831
REGIONAL REVIEW BOARD SHALL BE ESTABLISHED IN THE SAME MANNER AS 832
PROVIDED FOR SINGLE COUNTY REVIEW BOARDS. 833
IN ANY COUNTY THAT HAS A BODY ACTING AS A CHILD FATALITY 835
REVIEW BOARD ON THE EFFECTIVE DATE OF THIS SECTION, THE BOARD OF 836
COUNTY COMMISSIONERS OF THAT COUNTY, IN LIEU OF HAVING A HEALTH 837
COMMISSIONER ESTABLISH A CHILD FATALITY REVIEW BOARD, SHALL 838
APPOINT THAT BODY TO FUNCTION AS THE CHILD FATALITY REVIEW BOARD 839
FOR THE COUNTY. THE BODY SHALL HAVE THE SAME DUTIES, 840
OBLIGATIONS, AND PROTECTIONS AS A CHILD FATALITY REVIEW BOARD 841
APPOINTED BY A HEALTH COMMISSIONER. THE BOARD OF COUNTY 842
COMMISSIONERS OR AN INDIVIDUAL DESIGNATED BY THE BOARD SHALL 843
CONVENE THE BODY AS REQUIRED BY SECTION 307.625 OF THE REVISED 844
CODE.
Sec. 307.623. (A) THE HEALTH COMMISSIONER OF THE BOARD OF 846
HEALTH OF A CITY OR A GENERAL HEALTH DISTRICT WHO IS APPOINTED 847
UNDER SECTION 307.622 OF THE REVISED CODE TO ESTABLISH THE CHILD 848
FATALITY REVIEW BOARD SHALL SELECT SIX MEMBERS TO SERVE ON THE 849
CHILD FATALITY REVIEW BOARD ALONG WITH THE COMMISSIONER. THE 851
REVIEW BOARD SHALL CONSIST OF THE FOLLOWING:
(1) A COUNTY CORONER OR DESIGNEE; 853
(2) THE CHIEF OF POLICE OF A POLICE DEPARTMENT OR THE 856
SHERIFF THAT SERVES THE GREATEST POPULATION IN THE COUNTY OR
REGION OR A DESIGNEE OF THE CHIEF OR SHERIFF; 857
(3) THE EXECUTIVE DIRECTOR OF A PUBLIC CHILDREN SERVICES 859
AGENCY OR DESIGNEE; 860
(4) A PUBLIC HEALTH OFFICIAL OR DESIGNEE; 862
(5) THE EXECUTIVE DIRECTOR OF A BOARD OF ALCOHOL, DRUG 864
ADDICTION, AND MENTAL HEALTH SERVICE OR DESIGNEE; 865
(6) A PHYSICIAN WHO HOLDS A CERTIFICATE ISSUED PURSUANT TO 867
21
CHAPTER 4731. OF THE REVISED CODE AUTHORIZING THE PRACTICE OF 869
MEDICINE AND SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY, 870
SPECIALIZES IN PEDIATRIC OR FAMILY MEDICINE, AND CURRENTLY 871
PRACTICES PEDIATRIC OR FAMILY MEDICINE.
(B) THE MAJORITY OF THE MEMBERS OF A REVIEW BOARD MAY 873
INVITE ADDITIONAL MEMBERS TO SERVE ON THE BOARD. THE ADDITIONAL 874
MEMBERS INVITED UNDER THIS DIVISION SHALL SERVE FOR A PERIOD OF 876
TIME DETERMINED BY A MAJORITY OF THE MEMBERS DESCRIBED IN 877
DIVISION (A) OF THIS SECTION. AN ADDITIONAL MEMBER SHALL HAVE 878
THE SAME AUTHORITY, DUTIES, AND RESPONSIBILITIES AS MEMBERS
DESCRIBED IN DIVISION (A) OF THIS SECTION. 879
(C) A VACANCY IN A CHILD FATALITY REVIEW BOARD SHALL BE 881
FILLED IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT. 883
Sec. 307.624. THE PURPOSE OF THE CHILD FATALITY REVIEW 885
BOARD IS TO DECREASE THE INCIDENCE OF PREVENTABLE CHILD DEATHS BY 886
DOING ALL OF THE FOLLOWING: 887
(A) PROMOTING COOPERATION, COLLABORATION, AND 889
COMMUNICATION BETWEEN ALL GROUPS, PROFESSIONS, AGENCIES, OR 891
ENTITIES THAT SERVE FAMILIES AND CHILDREN;
(B) MAINTAINING A COMPREHENSIVE DATABASE OF ALL CHILD 893
DEATHS THAT OCCUR IN THE COUNTY OR REGION SERVED BY THE CHILD 896
FATALITY REVIEW BOARD IN ORDER TO DEVELOP AN UNDERSTANDING OF THE 898
CAUSES AND INCIDENCE OF THOSE DEATHS;
(C) RECOMMENDING AND DEVELOPING PLANS FOR IMPLEMENTING 900
LOCAL SERVICE AND PROGRAM CHANGES AND CHANGES TO THE GROUPS, 902
PROFESSIONS, AGENCIES, OR ENTITIES THAT SERVE FAMILIES AND 903
CHILDREN THAT MIGHT PREVENT CHILD DEATHS;
(D) ADVISING THE DEPARTMENT OF HEALTH OF AGGREGATE DATA, 905
TRENDS, AND PATTERNS CONCERNING CHILD DEATHS. 906
Sec. 307.625. THE BOARD OF COUNTY COMMISSIONERS, OR IF A 908
REGIONAL CHILD FATALITY REVIEW BOARD IS ESTABLISHED, THE GROUP OF 909
HEALTH COMMISSIONERS APPOINTED TO SELECT THE HEALTH COMMISSIONER 911
TO ESTABLISH THE REGIONAL REVIEW BOARD, SHALL DESIGNATE EITHER 912
THE HEALTH COMMISSIONER THAT ESTABLISHES THE REVIEW BOARD OR A 913
22
REPRESENTATIVE OF THE HEALTH COMMISSIONER TO CONVENE MEETINGS AND 914
BE THE CHAIRPERSON OF THE REVIEW BOARD. IF A REGIONAL REVIEW 915
BOARD INCLUDES A COUNTY WITH MORE THAN ONE HEALTH DISTRICT, THE 916
REGIONAL REVIEW BOARD MEETING SHALL BE CONVENED IN THAT COUNTY. 917
IF MORE THAN ONE OF THE COUNTIES PARTICIPATING ON THE REGIONAL
REVIEW BOARD HAS MORE THAN ONE HEALTH DISTRICT, THE PERSON 918
CONVENING THE MEETING SHALL SELECT ONE OF THE COUNTIES WITH MORE 919
THAN ONE HEALTH DISTRICT AS THE COUNTY IN WHICH TO CONVENE THE 920
MEETING. THE PERSON DESIGNATED TO CONVENE THE REVIEW BOARD SHALL 922
CONVENE IT AT LEAST ONCE A YEAR TO REVIEW, IN ACCORDANCE WITH 923
THIS SECTION AND THE RULES ADOPTED BY THE DEPARTMENT OF HEALTH 924
UNDER SECTION 3701.045 OF THE REVISED CODE, THE DEATHS OF ALL 925
CHILDREN UNDER EIGHTEEN YEARS OF AGE WHO, AT THE TIME OF DEATH, 926
WERE RESIDENTS OF THE COUNTY OR, IF A REGIONAL REVIEW BOARD, ONE 927
OF THE PARTICIPATING COUNTIES.
Sec. 307.626. A CHILD FATALITY REVIEW BOARD MAY NOT 929
CONDUCT A REVIEW OF THE DEATH OF A CHILD DESCRIBED IN SECTION 931
307.625 OF THE REVISED CODE WHILE AN INVESTIGATION OF THE DEATH 932
OR PROSECUTION OF A PERSON FOR CAUSING THE DEATH IS PENDING
UNLESS THE PROSECUTING ATTORNEY AGREES TO ALLOW THE REVIEW. THE 933
LAW ENFORCEMENT AGENCY CONDUCTING THE CRIMINAL INVESTIGATION, ON 934
THE CONCLUSION OF THE INVESTIGATION, AND THE PROSECUTING ATTORNEY 936
PROSECUTING THE CASE, ON THE CONCLUSION OF THE PROSECUTION, SHALL 937
NOTIFY THE CHAIRPERSON OF THE REVIEW BOARD OF THE CONCLUSION. 938
Sec. 307.627. (A) BY THE FIRST DAY OF APRIL OF EACH YEAR, 941
THE PERSON CONVENING THE CHILD FATALITY REVIEW BOARD SHALL
PREPARE AND SUBMIT TO THE OHIO DEPARTMENT OF HEALTH A REPORT THAT 944
INCLUDES ALL OF THE FOLLOWING INFORMATION WITH RESPECT TO EACH 945
CHILD DEATH THAT WAS REVIEWED BY THE REVIEW BOARD IN THE PREVIOUS 946
CALENDAR YEAR:
(1) THE CAUSE OF DEATH; 948
(2) FACTORS CONTRIBUTING TO DEATH; 950
(3) AGE; 952
(4) SEX; 954
23
(5) RACE; 956
(6) THE GEOGRAPHIC LOCATION OF DEATH; 958
(7) THE YEAR OF DEATH. 960
THE REPORT SHALL SPECIFY THE NUMBER OF CHILD DEATHS THAT 962
HAVE NOT BEEN REVIEWED SINCE THE EFFECTIVE DATE OF THIS SECTION. 963
THE REPORT MAY INCLUDE RECOMMENDATIONS FOR ACTIONS THAT 965
MIGHT PREVENT OTHER DEATHS, AS WELL AS ANY OTHER INFORMATION THE 966
REVIEW BOARD DETERMINES SHOULD BE INCLUDED. 967
(B) REPORTS PREPARED UNDER THIS SECTION SHALL BE 970
CONSIDERED PUBLIC RECORDS UNDER SECTION 149.43 OF THE REVISED 971
CODE.
Sec. 307.628. (A) NOTWITHSTANDING SECTION 3701.243 AND 974
ANY OTHER SECTION OF THE REVISED CODE PERTAINING TO 975
CONFIDENTIALITY, ANY INDIVIDUAL; PUBLIC CHILDREN SERVICES AGENCY, 976
PRIVATE CHILD PLACING AGENCY, OR AGENCY THAT PROVIDES SERVICES 977
SPECIFICALLY TO INDIVIDUALS OR FAMILIES; LAW ENFORCEMENT AGENCY; 978
OR OTHER PUBLIC OR PRIVATE ENTITY THAT PROVIDED SERVICES TO A 979
CHILD WHOSE DEATH IS BEING REVIEWED BY A CHILD FATALITY REVIEW
BOARD SHALL, ON THE REQUEST OF THE REVIEW BOARD, MAKE ANY 981
REQUESTED INFORMATION AVAILABLE TO THE REVIEW BOARD. FOR 982
PURPOSES OF THE REVIEW, THE REVIEW BOARD SHALL HAVE ACCESS TO 983
CONFIDENTIAL INFORMATION, AND EACH MEMBER OF THE REVIEW BOARD
SHALL PRESERVE THE CONFIDENTIALITY OF THAT INFORMATION. 984
(B) NOTWITHSTANDING DIVISION (A) OF THIS SECTION, NO 987
PERSON, ENTITY, LAW ENFORCEMENT AGENCY, OR PROSECUTING ATTORNEY 988
IS REQUIRED TO PROVIDE ANY INFORMATION REGARDING THE DEATH OF A 989
CHILD TO A CHILD FATALITY REVIEW BOARD WHILE AN INVESTIGATION OF 990
THE DEATH OR PROSECUTION OF A PERSON FOR CAUSING THE DEATH IS 991
PENDING UNLESS THE PROSECUTING ATTORNEY HAS AGREED PURSUANT TO 992
SECTION 307.626 OF THE REVISED CODE TO ALLOW REVIEW OF THE DEATH. 994
Sec. 307.629. (A) AN INDIVIDUAL OR PUBLIC OR PRIVATE 996
ENTITY PROVIDING INFORMATION, DOCUMENTS, OR REPORTS TO A CHILD 997
FATALITY REVIEW BOARD IS IMMUNE FROM ANY CIVIL LIABILITY FOR 998
INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY THAT OTHERWISE MIGHT 999
24
BE INCURRED OR IMPOSED AS A RESULT OF PROVIDING THE INFORMATION, 1,000
DOCUMENTS, OR REPORTS TO THE REVIEW BOARD. 1,001
(B) EACH MEMBER OF A REVIEW BOARD IS IMMUNE FROM ANY CIVIL 1,003
LIABILITY FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY THAT 1,005
MIGHT OTHERWISE BE INCURRED OR IMPOSED AS A RESULT OF THE 1,006
MEMBER'S PARTICIPATION ON THE REVIEW BOARD.
Sec. 307.6210. (A)(1) EXCEPT AS PROVIDED IN SECTIONS 1,008
5153.171 TO 5153.173 OF THE REVISED CODE, ANY INFORMATION, 1,009
DOCUMENT, OR REPORT PRESENTED TO A CHILD FATALITY REVIEW BOARD, 1,011
ALL STATEMENTS MADE BY REVIEW BOARD MEMBERS DURING MEETINGS OF 1,013
THE REVIEW BOARD, AND ALL WORK PRODUCTS OF THE REVIEW BOARD, 1,014
OTHER THAN THE REPORT PREPARED PURSUANT TO SECTION 307.627 OF THE 1,016
REVISED CODE, ARE CONFIDENTIAL AND SHALL BE USED BY THE REVIEW 1,018
BOARD AND ITS MEMBERS ONLY IN THE EXERCISE OF THE PROPER 1,019
FUNCTIONS OF THE REVIEW BOARD. THE INFORMATION, DOCUMENTS, AND 1,020
REPORTS, THE STATEMENTS MADE BY BOARD MEMBERS, AND THE WORK
PRODUCTS ARE NOT SUBJECT TO SUBPOENA OR DISCOVERY IN CIVIL 1,022
PROCEEDINGS. IN ANY CRIMINAL PROCEEDING OR ANY PROCEEDING IN 1,023
WHICH A CHILD IS ALLEGED TO BE AN ABUSED, NEGLECTED, OR DEPENDENT 1,024
CHILD, AT THE REQUEST OF A PROSECUTOR THE COURT MAY ISSUE A 1,025
SUBPOENA TO OBTAIN, OR ORDER THAT DISCOVERY BE PERMITTED OF, THE 1,027
INFORMATION, DOCUMENTS, OR REPORTS PROVIDED TO A CHILD FATALITY 1,028
REVIEW BOARD IF THE PROSECUTOR DEMONSTRATES THAT THE INFORMATION, 1,029
DOCUMENTS, OR REPORTS ARE NECESSARY TO THE PROCEEDING AND ARE NOT 1,031
AVAILABLE FROM ANOTHER SOURCE. THIS SECTION DOES NOT AFFECT THE 1,032
PRIVILEGES OR IMMUNITIES PROVIDED BY THE REVISED CODE OR 1,033
AVAILABLE AT COMMON LAW. 1,034
(2) AT THE REQUEST OF A PROSECUTOR PURSUANT TO DIVISION 1,037
(A)(1) OF THIS SECTION, ONE OF THE FOLLOWING JUDGES OF THE COMMON 1,038
PLEAS COURT OF THE COUNTY THE DECEASED CHILD WHO IS SUBJECT OF OR 1,039
IS ADDRESSED BY THE CRIMINAL PROCEEDING OR PROCEEDING IN WHICH A 1,040
CHILD IS ALLEGED TO BE AN ABUSED, NEGLECTED, OR DEPENDENT CHILD 1,041
RESIDED IN AT THE TIME OF DEATH MAY ISSUE A SUBPOENA OR ORDER 1,042
DISCOVERY AS PROVIDED IN DIVISION (A)(1) OF THIS SECTION: 1,044
25
(a) IF THE DECEASED CHILD WAS NEVER ADJUDICATED AN ABUSED, 1,047
NEGLECTED, OR DEPENDENT CHILD BY A JUDGE OF THE COURT OF COMMON 1,048
PLEAS OF THE COUNTY, THE JUDGE OF THE PROBATE DIVISION WHO IS 1,049
MOST SENIOR IN LENGTH OF SERVICE AS A COMMON PLEAS JUDGE OF THE 1,050
COUNTY;
(b) IF THE DECEASED CHILD WAS ADJUDICATED AN ABUSED, 1,053
NEGLECTED, OR DEPENDENT CHILD BY A JUDGE OF THE COMMON PLEAS 1,054
COURT OF THE COUNTY, ONE OF THE FOLLOWING JUDGES OF THAT COURT: 1,055
(i) IF THE COURT HAS ONLY ONE JUDGE AND THE JUDGE DID NOT 1,058
MAKE THE PRIOR ADJUDICATION, THAT JUDGE;
(ii) IF THE COURT HAS ONLY ONE JUDGE AND THE JUDGE MADE THE 1,061
PRIOR ADJUDICATION, A JUDGE APPOINTED BY THE SUPREME COURT 1,062
PURSUANT TO DIVISION (A)(3) OF THIS SECTION; 1,063
(iii) IF THE COURT HAS A PROBATE DIVISION THAT IS NOT 1,066
COMBINED WITH ANY OTHER DIVISION, THE JUDGE OF THE PROBATE
DIVISION WHO IS MOST SENIOR IN LENGTH OF SERVICE AS A COMMON 1,067
PLEAS JUDGE OF THE COUNTY; 1,068
(iv) IF THE COURT HAS A PROBATE DIVISION THAT IS COMBINED 1,071
WITH ONE OR MORE OTHER DIVISIONS AND THE JUDGE OF THE COMBINED 1,072
DIVISION DID NOT MAKE THE PRIOR ADJUDICATION, THAT JUDGE; 1,073
(v) IF THE PROBATE DIVISION IS COMBINED WITH ONE OR MORE 1,076
OTHER DIVISIONS AND THE JUDGE OF THE COMBINED DIVISION MADE THE 1,077
PRIOR ADJUDICATION, THE JUDGE OF THE GENERAL DIVISION WHO IS MOST 1,078
SENIOR IN LENGTH OF SERVICE AS A COMMON PLEAS JUDGE OF THE 1,079
COUNTY.
(3) IF THE COURT HAS ONLY ONE JUDGE AND THAT JUDGE MADE AN 1,082
ADJUDICATION THAT THE DECEASED CHILD WAS AN ABUSED, NEGLECTED, OR 1,083
DEPENDENT CHILD, ON RECEIPT OF THE PROSECUTOR'S REQUEST PURSUANT 1,084
TO DIVISION (A)(1) OF THIS SECTION, THE COURT SHALL IMMEDIATELY 1,086
NOTIFY THE SUPREME COURT. NO LATER THAN FOURTEEN DAYS AFTER THE 1,087
DATE THE REQUEST IS RECEIVED, THE SUPREME COURT SHALL APPOINT A 1,088
JUDGE TO MAKE A DETERMINATION ON THE REQUEST PURSUANT TO DIVISION 1,089
(A)(1) OF THIS SECTION. 1,090
(B) NO PERSON SHALL PERMIT OR ENCOURAGE THE UNAUTHORIZED 1,093
26
DISSEMINATION OF THE CONFIDENTIAL INFORMATION DESCRIBED IN 1,094
DIVISION (A) OF THIS SECTION.
(C) WHOEVER VIOLATES DIVISION (B) OF THIS SECTION IS 1,097
GUILTY OF A MISDEMEANOR OF THE SECOND DEGREE.
Sec. 2151.421. (A)(1)(a) No person described in division 1,108
(A)(1)(b) of this section who is acting in an official or 1,110
professional capacity and knows or suspects that a child under 1,111
eighteen years of age or a mentally retarded, developmentally 1,113
disabled, or physically impaired child under twenty-one years of 1,114
age has suffered or faces a threat of suffering any physical or 1,115
mental wound, injury, disability, or condition of a nature that 1,116
reasonably indicates abuse or neglect of the child, shall fail to 1,117
immediately report that knowledge or suspicion to the public 1,118
children services agency or a municipal or county peace officer 1,120
in the county in which the child resides or in which the abuse or 1,121
neglect is occurring or has occurred.
(b) Division (A)(1)(a) of this section applies to any 1,124
person who is an attorney; physician, including a hospital intern 1,125
or resident; dentist; podiatrist; practitioner of a limited 1,126
branch of medicine as specified in section 4731.15 of the Revised 1,127
Code; registered nurse; licensed practical nurse; visiting nurse; 1,129
other health care professional; licensed psychologist; licensed 1,130
school psychologist; speech pathologist or audiologist; coroner; 1,131
administrator or employee of a child day-care center; 1,132
administrator or employee of a residential camp or child day 1,133
camp; administrator or employee of a certified child care agency 1,134
or other public or private children services agency; school 1,135
teacher; school employee; school authority; person engaged in 1,136
social work or the practice of professional counseling; or a 1,137
person rendering spiritual treatment through prayer in accordance 1,139
with the tenets of a well-recognized religion.
(2) An attorney or a physician is not required to make a 1,141
report pursuant to division (A)(1) of this section concerning any 1,143
communication the attorney or physician receives from a client or 1,146
27
patient in an attorney-client or physician-patient relationship, 1,147
if, in accordance with division (A) or (B) of section 2317.02 of 1,149
the Revised Code, the attorney or physician could not testify 1,150
with respect to that communication in a civil or criminal 1,151
proceeding, except that the client or patient is deemed to have 1,152
waived any testimonial privilege under division (A) or (B) of 1,154
section 2317.02 of the Revised Code with respect to that 1,156
communication and the attorney or physician shall make a report 1,158
pursuant to division (A)(1) of this section with respect to that 1,159
communication, if all of the following apply:
(a) The client or patient, at the time of the 1,161
communication, is either a child under eighteen years of age or a 1,162
mentally retarded, developmentally disabled, or physically 1,164
impaired person under twenty-one years of age. 1,165
(b) The attorney or physician knows or suspects, as a 1,167
result of the communication or any observations made during that 1,169
communication, that the client or patient has suffered or faces a 1,170
threat of suffering any physical or mental wound, injury, 1,172
disability, or condition of a nature that reasonably indicates 1,173
abuse or neglect of the client or patient. 1,174
(c) The attorney-client or physician-patient relationship 1,176
does not arise out of the client's or patient's attempt to have 1,178
an abortion without the notification of her parents, guardian, or 1,180
custodian in accordance with section 2151.85 of the Revised Code. 1,181
(B) Anyone, who knows or suspects that a child under 1,183
eighteen years of age or a mentally retarded, developmentally 1,185
disabled, or physically impaired person under twenty-one years of 1,186
age has suffered or faces a threat of suffering any physical or 1,187
mental wound, injury, disability, or other condition of a nature 1,188
that reasonably indicates abuse or neglect of the child, may 1,189
report or cause reports to be made of that knowledge or suspicion 1,190
to the public children services agency or to a municipal or 1,192
county peace officer. 1,193
(C) Any report made pursuant to division (A) or (B) of 1,195
28
this section shall be made forthwith either by telephone or in 1,196
person and shall be followed by a written report, if requested by 1,198
the receiving agency or officer. The written report shall
contain: 1,199
(1) The names and addresses of the child and the child's 1,201
parents or the person or persons having custody of the child, if 1,202
known;
(2) The child's age and the nature and extent of the 1,204
child's known or suspected injuries, abuse, or neglect or of the 1,205
known or suspected threat of injury, abuse, or neglect, including 1,206
any evidence of previous injuries, abuse, or neglect; 1,207
(3) Any other information that might be helpful in 1,209
establishing the cause of the known or suspected injury, abuse, 1,210
or neglect or of the known or suspected threat of injury, abuse, 1,211
or neglect. 1,212
Any person, who is required by division (A) of this section 1,214
to report known or suspected child abuse or child neglect, may 1,215
take or cause to be taken color photographs of areas of trauma 1,216
visible on a child and, if medically indicated, cause to be 1,217
performed radiological examinations of the child. 1,218
(D)(1) Upon the receipt of a report concerning the 1,220
possible abuse or neglect of a child or the possible threat of 1,221
abuse or neglect of a child, the municipal or county peace 1,222
officer who receives the report shall refer the report to the 1,223
appropriate public children services agency. 1,225
(2) On receipt of a report pursuant to this division or 1,228
division (A) or (B) of this section, the public children services 1,230
agency shall comply with section 2151.422 of the Revised Code. 1,232
(E) No township, municipal, or county peace officer shall 1,234
remove a child about whom a report is made pursuant to this 1,235
section from the child's parents, stepparents, or guardian or any 1,236
other persons having custody of the child without consultation 1,237
with the public children services agency, unless, in the judgment 1,240
of the officer, and, if the report was made by A physician, the 1,241
29
physician, immediate removal is considered essential to protect 1,242
the child from further abuse or neglect. The agency that must be 1,245
consulted shall be the agency conducting the investigation of the 1,246
report as determined pursuant to section 2151.422 of the Revised 1,247
Code. 1,248
(F)(1)(a) Except as provided in section 2151.422 of the 1,251
Revised Code, the public children services agency shall 1,253
investigate, within twenty-four hours, each report of known or 1,255
suspected child abuse or child neglect and of a known or 1,256
suspected threat of child abuse or child neglect that is referred 1,257
to it under this section to determine the circumstances 1,258
surrounding the injuries, abuse, or neglect or the threat of 1,259
injury, abuse, or neglect, the cause of the injuries, abuse, 1,260
neglect, or threat, and the person or persons responsible. The 1,261
investigation shall be made in cooperation with the law
enforcement agency and in accordance with the memorandum of 1,262
understanding prepared under division (J) of this section. A 1,264
failure to make the investigation in accordance with the 1,265
memorandum is not grounds for, and shall not result in, the 1,267
dismissal of any charges or complaint arising from the report or 1,268
the suppression of any evidence obtained as a result of the 1,269
report and does not give, and shall not be construed as giving, 1,270
any rights or any grounds for appeal or post-conviction relief to 1,271
any person. The public children services agency shall report 1,274
each case to a central registry which the state department of 1,276
human services shall maintain in order to determine whether prior 1,277
reports have been made in other counties concerning the child or 1,278
other principals in the case. The EXCEPT THAT, IF THE DEPARTMENT 1,279
IMPLEMENTS A STATEWIDE AUTOMATED CHILD WELFARE INFORMATION 1,280
SYSTEM, THE PUBLIC CHILDREN SERVICES AGENCY SHALL INSTEAD REPORT 1,281
EACH CASE TO THAT SYSTEM. THE INFORMATION REPORTED TO THE SYSTEM 1,282
SHALL NOT INCLUDE THE NAME OF THE PERSON ALLEGED TO HAVE 1,283
INFLICTED THE ABUSE OR NEGLECT ON THE CHILD AND SHALL INCLUDE 1,284
ONLY THE FOLLOWING:
30
(i) THE CHILD'S NAME; 1,286
(ii) DEMOGRAPHIC INFORMATION CONCERNING THE CHILD; 1,288
(iii) THE TYPE OF ALLEGATION REPORTED; 1,290
(iv) THE CHILD'S COUNTY OF RESIDENCE; 1,292
(v) WHETHER THE PUBLIC CHILDREN SERVICES AGENCY PROVIDED 1,294
SERVICES TO THE CHILD. 1,295
(b) THE public children services agency shall submit a 1,297
report of its investigation, in writing, to the law enforcement 1,300
agency.
(2) The public children services agency shall make any 1,303
recommendations to the county prosecuting attorney or city 1,305
director of law that it considers necessary to protect any 1,306
children that are brought to its attention. 1,307
(G)(1)(a) Except as provided in division (H)(3) of this 1,309
section, anyone or any hospital, institution, school, health 1,310
department, or agency participating in the making of reports 1,311
under division (A) of this section, anyone or any hospital, 1,312
institution, school, health department, or agency participating 1,313
in good faith in the making of reports under division (B) of this 1,314
section, and anyone participating in good faith in a judicial 1,315
proceeding resulting from the reports, shall be immune from any 1,316
civil or criminal liability for injury, death, or loss to person 1,317
or property that otherwise might be incurred or imposed as a 1,318
result of the making of the reports or the participation in the 1,319
judicial proceeding. 1,320
(b) Notwithstanding section 4731.22 of the Revised Code, 1,323
the physician-patient privilege shall not be a ground for 1,324
excluding evidence regarding a child's injuries, abuse, or 1,325
neglect, or the cause of the injuries, abuse, or neglect in any 1,326
judicial proceeding resulting from a report submitted pursuant to 1,327
this section.
(2) In any civil or criminal action or proceeding in which 1,329
it is alleged and proved that participation in the making of a 1,330
report under this section was not in good faith or participation 1,331
31
in a judicial proceeding resulting from a report made under this 1,332
section was not in good faith, the court shall award the 1,333
prevailing party reasonable attorney's fees and costs and, if a 1,334
civil action or proceeding is voluntarily dismissed, may award 1,335
reasonable attorney's fees and costs to the party against whom 1,336
the civil action or proceeding is brought. 1,337
(H)(1) Except as provided in divisions (H)(4) AND (5), 1,339
(M), and (N) of this section, a report made under this section is 1,341
confidential. The information provided in a report made pursuant 1,342
to this section and the name of the person who made the report 1,343
shall not be released for use, and shall not be used, as evidence 1,344
in any civil action or proceeding brought against the person who 1,345
made the report. In a criminal proceeding, the report is 1,346
admissible in evidence in accordance with the Rules of Evidence 1,347
and is subject to discovery in accordance with the Rules of 1,348
Criminal Procedure. 1,349
(2) No person shall permit or encourage the unauthorized 1,351
dissemination of the contents of any report made under this 1,352
section. 1,353
(3) A person who knowingly makes or causes another person 1,355
to make a false report under division (B) of this section that 1,356
alleges that any person has committed an act or omission that 1,357
resulted in a child being an abused child or a neglected child is 1,358
guilty of a violation of section 2921.14 of the Revised Code. 1,359
(4) IF A REPORT IS MADE PURSUANT TO DIVISION (A) OR (B) OF 1,362
THIS SECTION AND THE CHILD WHO IS THE SUBJECT OF THE REPORT DIES 1,363
FOR ANY REASON AT ANY TIME AFTER THE REPORT IS MADE, BUT BEFORE
THE CHILD ATTAINS EIGHTEEN YEARS OF AGE, THE PUBLIC CHILDREN 1,365
SERVICES AGENCY OR MUNICIPAL OR COUNTY PEACE OFFICER TO WHICH THE
REPORT WAS MADE OR REFERRED SHALL, ON THE REQUEST OF THE CHILD 1,366
FATALITY REVIEW BOARD, MAKE THE REPORT AVAILABLE TO THE CHILD 1,367
FATALITY REVIEW BOARD OF THE COUNTY IN WHICH THE DECEASED CHILD 1,369
RESIDED AT THE TIME OF DEATH.
(5) A public children services agency shall advise a 1,372
32
person alleged to have inflicted abuse or neglect on a child who 1,373
is the subject of a report made pursuant to this section of the 1,374
disposition of the investigation. The agency shall not provide 1,375
to the person any information that identifies the person who made 1,377
the report, statements of witnesses, or police or other
investigative reports. 1,378
(I) Any report that is required by this section shall 1,380
result in protective services and emergency supportive services 1,381
being made available by the public children services agency on 1,383
behalf of the children about whom the report is made, in an 1,385
effort to prevent further neglect or abuse, to enhance their 1,386
welfare, and, whenever possible, to preserve the family unit 1,387
intact. The agency required to provide the services shall be the 1,389
agency conducting the investigation of the report pursuant to 1,390
section 2151.422 of the Revised Code. 1,392
(J)(1) Each public children services agency shall prepare 1,394
a memorandum of understanding that is signed by all of the 1,396
following:
(a) If there is only one juvenile judge in the county, the 1,399
juvenile judge of the county or the juvenile judge's 1,400
representative;
(b) If there is more than one juvenile judge in the 1,404
county, a juvenile judge or the juvenile judges' representative 1,405
selected by the juvenile judges or, if they are unable to do so 1,406
for any reason, the juvenile judge who is senior in point of 1,407
service or the senior juvenile judge's representative; 1,408
(c) The county peace officer; 1,411
(d) All chief municipal peace officers within the county; 1,414
(e) Other law enforcement officers handling child abuse 1,416
and neglect cases in the county; 1,417
(f) The prosecuting attorney of the county; 1,420
(g) If the public children services agency is not the 1,422
county department of human services, the county department of 1,424
human services. 1,425
33
(2) A memorandum of understanding shall set forth the 1,427
normal operating procedure to be employed by all concerned 1,429
officials in the execution of their respective responsibilities 1,430
under this section and division (C) of section 2919.21, division 1,431
(B)(1) of section 2919.22, division (B) of section 2919.23, and 1,432
section 2919.24 of the Revised Code and shall have as two of its 1,433
primary goals the elimination of all unnecessary interviews of 1,434
children who are the subject of reports made pursuant to division 1,435
(A) or (B) of this section and, when feasible, providing for only 1,436
one interview of a child who is the subject of any report made 1,437
pursuant to division (A) or (B) of this section. A failure to 1,438
follow the procedure set forth in the memorandum by the concerned 1,440
officials is not grounds for, and shall not result in, the 1,441
dismissal of any charges or complaint arising from any reported 1,442
case of abuse or neglect or the suppression of any evidence 1,443
obtained as a result of any reported child abuse or child neglect 1,444
and does not give, and shall not be construed as giving, any 1,445
rights or any grounds for appeal or post-conviction relief to any 1,446
person. 1,447
(3) A memorandum of understanding shall include all of the 1,449
following: 1,450
(a) The roles and responsibilities for handling emergency 1,453
and non-emergency cases of abuse and neglect; 1,455
(b) Standards and procedures to be used in handling and 1,457
coordinating investigations of reported cases of child abuse and 1,458
reported cases of child neglect, methods to be used in 1,459
interviewing the child who is the subject of the report and who 1,460
allegedly was abused or neglected, and standards and procedures 1,461
addressing the categories of persons who may interview the child 1,462
who is the subject of the report and who allegedly was abused or 1,463
neglected. 1,464
(K)(1) Except as provided in division (K)(4) of this 1,467
section, a person who is required to make a report pursuant to 1,468
division (A) of this section may make a reasonable number of 1,469
34
requests of the public children services agency that receives or 1,470
is referred the report to be provided with the following 1,472
information:
(a) Whether the agency has initiated an investigation of 1,475
the report;
(b) Whether the agency is continuing to investigate the 1,478
report;
(c) Whether the agency is otherwise involved with the 1,482
child who is the subject of the report;
(d) The general status of the health and safety of the 1,484
child who is the subject of the report; 1,485
(e) Whether the report has resulted in the filing of a 1,487
complaint in juvenile court or of criminal charges in another 1,488
court. 1,489
(2) A person may request the information specified in 1,491
division (K)(1) of this section only if, at the time the report 1,492
is made, the person's name, address, and telephone number are 1,493
provided to the person who receives the report.
When a municipal or county peace officer or employee of a 1,495
public children services agency receives a report pursuant to 1,498
division (A) or (B) of this section the recipient of the report 1,499
shall inform the person of the right to request the information 1,501
described in division (K)(1) of this section. The recipient of
the report shall include in the initial child abuse or child 1,502
neglect report that the person making the report was so informed 1,503
and, if provided at the time of the making of the report, shall 1,504
include the person's name, address, and telephone number in the 1,505
report.
Each request is subject to verification of the identity of 1,507
the person making the report. If that person's identity is 1,510
verified, the agency shall provide the person with the 1,512
information described in division (K)(1) of this section a 1,513
reasonable number of times, except that the agency shall not
disclose any confidential information regarding the child who is 1,515
35
the subject of the report other than the information described in 1,516
those divisions.
(3) A request made pursuant to division (K)(1) of this 1,518
section is not a substitute for any report required to be made 1,519
pursuant to division (A) of this section. 1,520
(4) If an agency other than the agency that received or 1,523
was referred the report is conducting the investigation of the 1,524
report pursuant to section 2151.422 of the Revised Code, the 1,526
agency conducting the investigation shall comply with the 1,527
requirements of division (K) of this section. 1,528
(L) The department of human services shall adopt rules in 1,530
accordance with Chapter 119. of the Revised Code to implement 1,533
this section. The department may enter into a plan of 1,535
cooperation with any other governmental entity to aid in ensuring 1,536
that children are protected from abuse and neglect. The 1,537
department shall make recommendations to the attorney general 1,538
that the department determines are necessary to protect children 1,539
from child abuse and child neglect. 1,540
(M) No later than the end of the day following the day on 1,543
which a public children services agency receives a report of 1,544
alleged child abuse or child neglect, or a report of an alleged 1,545
threat of child abuse or child neglect, that allegedly occurred 1,546
in or involved an out-of-home care entity, the agency shall 1,547
provide written notice of the allegations contained in and the 1,549
person named as the alleged perpetrator in the report to the 1,550
administrator, director, or other chief administrative officer of 1,551
the out-of-home care entity that is the subject of the report 1,552
unless the administrator, director, or other chief administrative 1,553
officer is named as an alleged perpetrator in the report. If the 1,554
administrator, director, or other chief administrative officer of 1,555
an out-of-home care entity is named as an alleged perpetrator in 1,556
a report of alleged child abuse or child neglect, or a report of 1,557
an alleged threat of child abuse or child neglect, that allegedly 1,558
occurred in or involved the out-of-home care entity, the agency 1,559
36
shall provide the written notice to the owner or governing board 1,561
of the out-of-home care entity that is the subject of the report. 1,562
The agency shall not provide witness statements or police or 1,564
other investigative reports.
(N) No later than three days after the day on which a 1,567
public children services agency that conducted the investigation 1,568
as determined pursuant to section 2151.422 of the Revised Code 1,569
makes a disposition of an investigation involving a report of 1,570
alleged child abuse or child neglect, or a report of an alleged 1,571
threat of child abuse or child neglect, that allegedly occurred 1,572
in or involved an out-of-home care entity, the agency shall send 1,575
written notice of the disposition of the investigation to the 1,576
administrator, director, or other chief administrative officer 1,577
and the owner or governing board of the out-of-home care entity. 1,578
The agency shall not provide witness statements or police or 1,580
other investigative reports.
Sec. 2317.02. The following persons shall not testify in 1,589
certain respects: 1,590
(A) An attorney, concerning a communication made to the 1,592
attorney by a client in that relation or the attorney's advice to 1,594
a client, except that the attorney may testify by express consent 1,595
of the client or, if the client is deceased, by the express 1,596
consent of the surviving spouse or the executor or administrator 1,597
of the estate of the deceased client and except that, if the 1,598
client voluntarily testifies or is deemed by section 2151.421 of 1,599
the Revised Code to have waived any testimonial privilege under 1,600
this division, the attorney may be compelled to testify on the 1,601
same subject;
(B)(1) A physician or a dentist concerning a communication 1,603
made to the physician or dentist by a patient in that relation or 1,604
the physician's or dentist's advice to a patient, except as 1,606
otherwise provided in this division, division (B)(2), and
division (B)(3) of this section, and except that, if the patient 1,607
is deemed by section 2151.421 of the Revised Code to have waived 1,608
37
any testimonial privilege under this division, the physician may 1,609
be compelled to testify on the same subject. 1,610
The testimonial privilege established under this division 1,612
does not apply, and a physician or dentist may testify or may be 1,613
compelled to testify, in any of the following circumstances: 1,614
(a) In any civil action, in accordance with the discovery 1,616
provisions of the Rules of Civil Procedure in connection with a 1,617
civil action, or in connection with a claim under Chapter 4123. 1,618
of the Revised Code, under any of the following circumstances: 1,619
(i) If the patient or the guardian or other legal 1,621
representative of the patient gives express consent; 1,622
(ii) If the patient is deceased, the spouse of the patient 1,624
or the executor or administrator of the patient's estate gives 1,626
express consent;
(iii) If a medical claim, dental claim, chiropractic 1,628
claim, or optometric claim, as defined in section 2305.11 of the 1,629
Revised Code, an action for wrongful death, any other type of 1,630
civil action, or a claim under Chapter 4123. of the Revised Code 1,631
is filed by the patient, the personal representative of the 1,632
estate of the patient if deceased, or the patient's guardian or 1,634
other legal representative.
(b) In any criminal action concerning any test or the 1,636
results of any test that determines the presence or concentration 1,637
of alcohol, a drug of abuse, or alcohol and a drug of abuse in 1,638
the patient's blood, breath, urine, or other bodily substance at 1,639
any time relevant to the criminal offense in question. 1,640
(c) In any criminal action against a physician or dentist. 1,643
In such an action, the testimonial privilege established under 1,644
this division does not prohibit the admission into evidence, in 1,645
accordance with the Rules of Evidence, of a patient's medical or 1,648
dental records or other communications between a patient and the 1,649
physician or dentist that are related to the action and obtained 1,650
by subpoena, search warrant, or other lawful means. A court that 1,651
permits or compels a physician or dentist to testify in such an 1,652
38
action or permits the introduction into evidence of patient 1,653
records or other communications in such an action shall require 1,654
that appropriate measures be taken to ensure that the 1,655
confidentiality of any patient named or otherwise identified in 1,656
the records is maintained. Measures to ensure confidentiality 1,657
that may be taken by the court include sealing its records or 1,658
deleting specific information from its records. 1,659
(2)(a) If any law enforcement officer submits a written 1,661
statement to a health care provider that states that an official 1,662
criminal investigation has begun regarding a specified person or 1,663
that a criminal action or proceeding has been commenced against a 1,664
specified person, that requests the provider to supply to the 1,665
officer copies of any records the provider possesses that pertain
to any test or the results of any test administered to the 1,666
specified person to determine the presence or concentration of 1,667
alcohol, a drug of abuse, or alcohol and a drug of abuse in the 1,668
person's blood, breath, or urine at any time relevant to the 1,669
criminal offense in question, and that conforms to section
2317.022 of the Revised Code, the provider, except to the extent 1,670
specifically prohibited by any law of this state or of the United 1,671
States, shall supply to the officer a copy of any of the 1,672
requested records the provider possesses. If the health care 1,673
provider does not possess any of the requested records, the
provider shall give the officer a written statement that 1,674
indicates that the provider does not possess any of the requested 1,675
records.
(b) If a health care provider possesses any records of the 1,677
type described in division (B)(2)(a) of this section regarding 1,678
the person in question at any time relevant to the criminal 1,679
offense in question, in lieu of personally testifying as to the 1,680
results of the test in question, the custodian of the records may 1,681
submit a certified copy of the records, and, upon its submission,
the certified copy is qualified as authentic evidence and may be 1,682
admitted as evidence in accordance with the Rules of Evidence. 1,683
39
Division (A) of section 2317.422 of the Revised Code does not 1,684
apply to any certified copy of records submitted in accordance 1,685
with this division. Nothing in this division shall be construed 1,686
to limit the right of any party to call as a witness the person
who administered the test to which the records pertain, the 1,687
person under whose supervision the test was administered, the 1,688
custodian of the records, the person who made the records, or the 1,689
person under whose supervision the records were made. 1,690
(3)(a) If the testimonial privilege described in division 1,692
(B)(1) of this section does not apply as provided in division 1,693
(B)(1)(a)(iii) of this section, a physician or dentist may be 1,694
compelled to testify or to submit to discovery under the Rules of 1,695
Civil Procedure only as to a communication made to the physician 1,696
or dentist by the patient in question in that relation, or the 1,697
physician's or dentist's advice to the patient in question, that 1,699
related causally or historically to physical or mental injuries 1,700
that are relevant to issues in the medical claim, dental claim, 1,701
chiropractic claim, or optometric claim, action for wrongful 1,702
death, other civil action, or claim under Chapter 4123. of the 1,703
Revised Code.
(b) If the testimonial privilege described in division 1,705
(B)(1) of this section does not apply to a physician or dentist 1,706
as provided in division (B)(1)(b) of this section, the physician 1,707
or dentist, in lieu of personally testifying as to the results of 1,708
the test in question, may submit a certified copy of those
results, and, upon its submission, the certified copy is 1,709
qualified as authentic evidence and may be admitted as evidence 1,710
in accordance with the Rules of Evidence. Division (A) of 1,711
section 2317.422 of the Revised Code does not apply to any 1,712
certified copy of results submitted in accordance with this
division. Nothing in this division shall be construed to limit 1,713
the right of any party to call as a witness the person who 1,714
administered the test in question, the person under whose 1,715
supervision the test was administered, the custodian of the
40
results of the test, the person who compiled the results, or the 1,716
person under whose supervision the results were compiled. 1,717
(4)(a) As used in divisions (B)(1) to (3) of this section, 1,719
"communication" means acquiring, recording, or transmitting any 1,720
information, in any manner, concerning any facts, opinions, or 1,721
statements necessary to enable a physician or dentist to 1,722
diagnose, treat, prescribe, or act for a patient. A 1,723
"communication" may include, but is not limited to, any medical 1,724
or dental, office, or hospital communication such as a record, 1,725
chart, letter, memorandum, laboratory test and results, x-ray, 1,726
photograph, financial statement, diagnosis, or prognosis. 1,727
(b) As used in division (B)(2) of this section, "health 1,729
care provider" has the same meaning as in section 3729.01 of the 1,730
Revised Code.
(5) Divisions (B)(1), (2), (3), and (4) of this section 1,732
apply to doctors of medicine, doctors of osteopathic medicine, 1,733
doctors of podiatry, and dentists. 1,734
(6) Nothing in divisions (B)(1) to (5) of this section 1,736
affects, or shall be construed as affecting, the immunity from 1,737
civil liability conferred by section 307.629 OR 2305.33 of the 1,738
Revised Code upon physicians who report an employee's use of a 1,740
drug of abuse, or a condition of an employee other than one 1,741
involving the use of a drug of abuse, to the employer of the 1,742
employee in accordance with division (B) of that section. As 1,743
used in division (B)(6) of this section, "employee," "employer," 1,745
and "physician" have the same meanings as in section 2305.33 of 1,746
the Revised Code.
(C) A member of the clergy, rabbi, priest, or regularly 1,748
ordained, accredited, or licensed minister of an established and 1,750
legally cognizable church, denomination, or sect, when the member 1,751
of the clergy, rabbi, priest, or minister remains accountable to 1,753
the authority of that church, denomination, or sect, concerning a 1,754
confession made, or any information confidentially communicated, 1,755
to the member of the clergy, rabbi, priest, or minister for a 1,757
41
religious counseling purpose in the member of the clergy's, 1,758
rabbi's, priest's, or minister's professional character; however, 1,760
the member of the clergy, rabbi, priest, or minister may testify 1,762
by express consent of the person making the communication, except 1,763
when the disclosure of the information is in violation of a 1,764
sacred trust.
(D) Husband or wife, concerning any communication made by 1,766
one to the other, or an act done by either in the presence of the 1,767
other, during coverture, unless the communication was made, or 1,768
act done, in the known presence or hearing of a third person 1,769
competent to be a witness; and such rule is the same if the 1,770
marital relation has ceased to exist. 1,771
(E) A person who assigns a claim or interest, concerning 1,773
any matter in respect to which the person would not, if a party, 1,775
be permitted to testify;
(F) A person who, if a party, would be restricted under 1,778
section 2317.03 of the Revised Code, when the property or thing 1,779
is sold or transferred by an executor, administrator, guardian, 1,780
trustee, heir, devisee, or legatee, shall be restricted in the 1,781
same manner in any action or proceeding concerning the property 1,782
or thing.
(G)(1) A school guidance counselor who holds a valid 1,784
educator license from the state board of education as provided 1,786
for in section 3319.22 of the Revised Code, a person licensed 1,787
under Chapter 4757. of the Revised Code as a professional 1,788
clinical counselor, professional counselor, social worker, or 1,789
independent social worker, or registered under Chapter 4757. of 1,790
the Revised Code as a social work assistant concerning a 1,791
confidential communication received from a client in that 1,792
relation or the person's advice to a client unless any of the 1,794
following applies:
(a) The communication or advice indicates clear and 1,796
present danger to the client or other persons. For the purposes 1,797
of this division, cases in which there are indications of present 1,798
42
or past child abuse or neglect of the client constitute a clear 1,799
and present danger. 1,800
(b) The client gives express consent to the testimony. 1,802
(c) If the client is deceased, the surviving spouse or the 1,804
executor or administrator of the estate of the deceased client 1,805
gives express consent. 1,806
(d) The client voluntarily testifies, in which case the 1,808
school guidance counselor or person licensed or registered under 1,809
Chapter 4757. of the Revised Code may be compelled to testify on 1,811
the same subject.
(e) The court in camera determines that the information 1,813
communicated by the client is not germane to the counselor-client 1,814
or social worker-client relationship. 1,815
(f) A court, in an action brought against a school, its 1,817
administration, or any of its personnel by the client, rules 1,818
after an in-camera inspection that the testimony of the school 1,819
guidance counselor is relevant to that action. 1,820
(2) Nothing in division (G)(1) of this section shall 1,822
relieve a school guidance counselor or a person licensed or 1,824
registered under Chapter 4757. of the Revised Code from the 1,826
requirement to report information concerning child abuse or 1,827
neglect under section 2151.421 of the Revised Code.
(H) A mediator acting under a mediation order issued under 1,829
division (A) of section 3109.052 of the Revised Code or otherwise 1,830
issued in any proceeding for divorce, dissolution, legal 1,831
separation, annulment, or the allocation of parental rights and 1,832
responsibilities for the care of children, in any action or 1,833
proceeding, other than a criminal, delinquency, child abuse, 1,834
child neglect, or dependent child action or proceeding, that is 1,835
brought by or against either parent who takes part in mediation 1,836
in accordance with the order and that pertains to the mediation 1,837
process, to any information discussed or presented in the 1,838
mediation process, to the allocation of parental rights and 1,839
responsibilities for the care of the parents' children, or to the 1,840
43
awarding of visitation rights in relation to their children. 1,841
(I) A communications assistant, acting within the scope of 1,843
the communication assistant's authority, when providing 1,844
telecommunications relay service pursuant to section 4931.35 of 1,846
the Revised Code or Title II of the "Communications Act of 1934," 1,847
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication 1,848
made through a telecommunications relay service. 1,849
Nothing in this section shall limit any immunity or 1,851
privilege granted under federal law or regulation. Nothing in 1,852
this section shall limit the obligation of a communications 1,853
assistant to divulge information or testify when mandated by 1,854
federal law or regulation or pursuant to subpoena in a criminal 1,855
proceeding. 1,856
Sec. 3701.045. (A) THE DEPARTMENT OF HEALTH, IN 1,859
CONSULTATION WITH THE CHILDREN'S TRUST FUND BOARD ESTABLISHED
UNDER SECTION 3109.15 OF THE REVISED CODE AND THE CHILD FATALITY 1,860
REVIEW BOARDS THAT EXIST ON THE EFFECTIVE DATE OF THIS SECTION, 1,861
SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED 1,862
CODE THAT ESTABLISH A PROCEDURE FOR CHILD FATALITY REVIEW BOARDS 1,863
TO FOLLOW IN CONDUCTING A REVIEW OF THE DEATH OF A CHILD. THE 1,864
RULES SHALL DO ALL OF THE FOLLOWING: 1,865
(1) ESTABLISH THE FORMAT FOR THE ANNUAL REPORTS REQUIRED 1,867
BY SECTION 307.627 OF THE REVISED CODE; 1,868
(2) ESTABLISH GUIDELINES FOR A CHILD FATALITY REVIEW BOARD 1,870
TO FOLLOW IN COMPILING STATISTICS FOR ANNUAL REPORTS SO THAT THE 1,871
REPORTS DO NOT CONTAIN ANY INFORMATION THAT WOULD PERMIT ANY 1,872
PERSON'S IDENTITY TO BE ASCERTAINED FROM A REPORT; 1,873
(3) ESTABLISH GUIDELINES FOR A CHILD FATALITY REVIEW BOARD 1,875
TO FOLLOW IN CREATING AND MAINTAINING THE COMPREHENSIVE DATABASE 1,877
OF CHILD DEATHS REQUIRED BY SECTION 307.624 OF THE REVISED CODE, 1,879
INCLUDING PROVISIONS ESTABLISHING UNIFORM RECORD-KEEPING
PROCEDURES; 1,880
(4) ESTABLISH GUIDELINES, MATERIALS, AND TRAINING TO HELP 1,882
EDUCATE MEMBERS OF CHILD FATALITY REVIEW BOARDS ABOUT THE PURPOSE 1,883
44
OF THE REVIEW PROCESS AND THE CONFIDENTIALITY OF THE INFORMATION 1,886
DESCRIBED IN SECTION 307.6210 OF THE REVISED CODE AND TO MAKE 1,888
THEM AWARE THAT SUCH INFORMATION IS NOT A PUBLIC RECORD UNDER 1,889
SECTION 149.43 OF THE REVISED CODE.
(B) ON OR BEFORE THE THIRTIETH DAY OF SEPTEMBER OF EACH 1,891
YEAR, THE DEPARTMENT OF HEALTH AND THE CHILDREN'S TRUST FUND 1,893
BOARD JOINTLY SHALL PREPARE AND PUBLISH A REPORT ORGANIZING AND 1,894
SETTING FORTH THE DATA IN ALL THE REPORTS PROVIDED BY CHILD 1,895
FATALITY REVIEW BOARDS IN THEIR ANNUAL REPORTS FOR THE PREVIOUS 1,896
CALENDAR YEAR AND RECOMMENDING ANY CHANGES TO LAW AND POLICY THAT
MIGHT PREVENT FUTURE DEATHS. THE DEPARTMENT AND THE CHILDREN'S 1,897
TRUST FUND BOARD JOINTLY SHALL PROVIDE A COPY OF THE REPORT TO 1,898
THE GOVERNOR, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE 1,900
PRESIDENT OF THE SENATE, THE MINORITY LEADERS OF THE HOUSE OF 1,901
REPRESENTATIVES AND THE SENATE, EACH COUNTY OR REGIONAL CHILD 1,902
FATALITY REVIEW BOARD, AND EACH COUNTY OR REGIONAL FAMILY AND
CHILDREN FIRST COUNCIL. 1,903
Sec. 3705.071. ON RECEIPT OF A DEATH CERTIFICATE OF A 1,905
PERSON WHO WAS UNDER EIGHTEEN YEARS OF AGE AT DEATH, THE LOCAL 1,906
REGISTRAR OF VITAL STATISTICS SHALL DETERMINE THE COUNTY IN WHICH 1,907
THE PERSON RESIDED AT THE TIME OF DEATH. IF THE COUNTY OF 1,908
RESIDENCE WAS OTHER THAN THE COUNTY IN WHICH THE PERSON DIED, THE
REGISTRAR, AFTER REGISTERING THE CERTIFICATE AND NO LATER THAN 1,909
FOUR WEEKS AFTER RECEIVING IT, SHALL MAKE A COPY OF THE 1,910
CERTIFICATE AND SEND IT TO THE LOCAL REGISTRAR OF VITAL 1,912
STATISTICS OF THE COUNTY IN WHICH THE PERSON RESIDED AT THE TIME 1,913
OF DEATH.
Sec. 4731.22. (A) The state medical board, by an 1,923
affirmative vote of not fewer than six of its members, may revoke 1,924
or may refuse to grant a certificate to a person found by the 1,925
board to have committed fraud during the administration of the 1,926
examination for a certificate to practice or to have committed 1,928
fraud, misrepresentation, or deception in applying for or 1,929
securing any certificate to practice or certificate of
45
registration issued by the board. 1,930
(B) The board, by an affirmative vote of not fewer than 1,933
six members, shall, to the extent permitted by law, limit, 1,934
revoke, or suspend an individual's certificate to practice, 1,936
refuse to register an individual, refuse to reinstate a 1,938
certificate, or reprimand or place on probation the holder of a 1,940
certificate for one or more of the following reasons:
(1) Permitting one's name or one's certificate to practice 1,942
or certificate of registration to be used by a person, group, or 1,944
corporation when the individual concerned is not actually 1,945
directing the treatment given; 1,946
(2) Failure to maintain minimal standards applicable to 1,949
the selection or administration of drugs, or failure to employ 1,950
acceptable scientific methods in the selection of drugs or other 1,951
modalities for treatment of disease; 1,952
(3) Selling, giving away, personally furnishing, 1,954
prescribing, or administering drugs for other than legal and 1,955
legitimate therapeutic purposes or a plea of guilty to, a 1,957
judicial finding of guilt of, or a judicial finding of 1,958
eligibility for treatment in lieu of conviction of, a violation 1,960
of any federal or state law regulating the possession,
distribution, or use of any drug; 1,961
(4) Willfully betraying a professional confidence. 1,963
For purposes of this division, "willfully betraying a 1,965
professional confidence" does not include PROVIDING ANY 1,966
INFORMATION, DOCUMENTS, OR REPORTS TO A CHILD FATALITY REVIEW 1,967
BOARD UNDER SECTIONS 307.621 TO 307.6210 OF THE REVISED CODE AND 1,968
DOES NOT INCLUDE the making of a report of an employee's use of a 1,969
drug of abuse, or a report of a condition of an employee other 1,970
than one involving the use of a drug of abuse, to the employer of 1,971
the employee as described in division (B) of section 2305.33 of 1,972
the Revised Code. Nothing in this division affects the immunity 1,974
from civil liability conferred by that section upon a physician 1,975
who makes either type of report in accordance with division (B) 1,976
46
of that section. As used in this division, "employee," 1,977
"employer," and "physician" have the same meanings as in section 1,978
2305.33 of the Revised Code. 1,979
(5) Making a false, fraudulent, deceptive, or misleading 1,982
statement in the solicitation of or advertising for patients; in 1,984
relation to the practice of medicine and surgery, osteopathic 1,985
medicine and surgery, podiatry, or a limited branch of medicine; 1,986
or in securing or attempting to secure any certificate to 1,988
practice or certificate of registration issued by the board.
As used in this division, "false, fraudulent, deceptive, or 1,990
misleading statement" means a statement that includes a 1,991
misrepresentation of fact, is likely to mislead or deceive 1,992
because of a failure to disclose material facts, is intended or 1,993
is likely to create false or unjustified expectations of 1,994
favorable results, or includes representations or implications 1,995
that in reasonable probability will cause an ordinarily prudent 1,996
person to misunderstand or be deceived. 1,997
(6) A departure from, or the failure to conform to, 1,999
minimal standards of care of similar practitioners under the same 2,000
or similar circumstances, whether or not actual injury to a 2,001
patient is established; 2,002
(7) Representing, with the purpose of obtaining 2,004
compensation or other advantage as personal gain or for any other 2,006
person, that an incurable disease or injury, or other incurable 2,007
condition, can be permanently cured; 2,008
(8) The obtaining of, or attempting to obtain, money or 2,010
anything of value by fraudulent misrepresentations in the course 2,011
of practice; 2,012
(9) A plea of guilty to, a judicial finding of guilt of, 2,015
or a judicial finding of eligibility for treatment in lieu of
conviction for, a felony; 2,016
(10) Commission of an act that constitutes a felony in 2,018
this state, regardless of the jurisdiction in which the act was 2,019
committed; 2,020
47
(11) A plea of guilty to, a judicial finding of guilt of, 2,023
or a judicial finding of eligibility for treatment in lieu of
conviction for, a misdemeanor committed in the course of 2,024
practice;
(12) Commission of an act in the course of practice that 2,026
constitutes a misdemeanor in this state, regardless of the 2,028
jurisdiction in which the act was committed; 2,029
(13) A plea of guilty to, a judicial finding of guilt of, 2,032
or a judicial finding of eligibility for treatment in lieu of
conviction for, a misdemeanor involving moral turpitude; 2,033
(14) Commission of an act involving moral turpitude that 2,035
constitutes a misdemeanor in this state, regardless of the 2,037
jurisdiction in which the act was committed; 2,038
(15) Violation of the conditions of limitation placed by 2,040
the board upon a certificate to practice; 2,041
(16) Failure to pay license renewal fees specified in this 2,043
chapter; 2,044
(17) Except as authorized in section 4731.31 of the 2,046
Revised Code, engaging in the division of fees for referral of 2,048
patients, or the receiving of a thing of value in return for a 2,049
specific referral of a patient to utilize a particular service or 2,050
business;
(18) Subject to section 4731.226 of the Revised Code, 2,052
violation of any provision of a code of ethics of the American 2,054
medical association, the American osteopathic association, the 2,055
American podiatric medical association, or any other national 2,056
professional organizations that the board specifies by rule. The 2,058
state medical board shall obtain and keep on file current copies 2,059
of the codes of ethics of the various national professional 2,060
organizations. The individual whose certificate is being 2,061
suspended or revoked shall not be found to have violated any 2,063
provision of a code of ethics of an organization not appropriate 2,064
to the individual's profession. 2,065
For purposes of this division, a "provision of a code of 2,068
48
ethics of a national professional organization" does not include 2,069
any provision that would preclude the making of a report by a 2,070
physician of an employee's use of a drug of abuse, or of a 2,071
condition of an employee other than one involving the use of a 2,072
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing in 2,074
this division affects the immunity from civil liability conferred 2,075
by that section upon a physician who makes either type of report 2,076
in accordance with division (B) of that section. As used in this 2,077
division, "employee," "employer," and "physician" have the same 2,078
meanings as in section 2305.33 of the Revised Code. 2,079
(19) Inability to practice according to acceptable and 2,081
prevailing standards of care by reason of mental illness or 2,082
physical illness, including, but not limited to, physical 2,083
deterioration that adversely affects cognitive, motor, or 2,084
perceptive skills. 2,085
In enforcing this division, the board, upon a showing of a 2,088
possible violation, may compel any individual authorized to 2,089
practice by this chapter or who has submitted an application 2,091
pursuant to this chapter to submit to a mental examination, 2,093
physical examination, including an HIV test, or both a mental and 2,095
a physical examination. The expense of the examination is the 2,097
responsibility of the individual compelled to be examined. 2,098
Failure to submit to a mental or physical examination or consent 2,099
to an HIV test ordered by the board constitutes an admission of 2,100
the allegations against the individual unless the failure is due 2,102
to circumstances beyond the individual's control, and a default 2,103
and final order may be entered without the taking of testimony or 2,104
presentation of evidence. If the board finds an individual 2,105
unable to practice because of the reasons set forth in this 2,107
division, the board shall require the individual to submit to 2,108
care, counseling, or treatment by physicians approved or 2,109
designated by the board, as a condition for initial, continued, 2,110
reinstated, or renewed authority to practice. An individual 2,112
49
affected under this division shall be afforded an opportunity to 2,114
demonstrate to the board the ability to resume practice in 2,115
compliance with acceptable and prevailing standards under the 2,116
provisions of the individual's certificate. For the purpose of 2,118
this division, any individual who applies for or receives a 2,119
certificate to practice under this chapter accepts the privilege 2,120
of practicing in this state and, by so doing, shall be deemed to 2,123
have given consent to submit to a mental or physical examination 2,124
when directed to do so in writing by the board, and to have 2,125
waived all objections to the admissibility of testimony or 2,126
examination reports that constitute a privileged communication. 2,127
(20) Except when civil penalties are imposed under section 2,129
4731.225 or 4731.281 of the Revised Code, and subject to section 2,130
4731.226 of the Revised Code, violating or attempting to violate, 2,132
directly or indirectly, or assisting in or abetting the violation 2,133
of, or conspiring to violate, any provisions of this chapter or 2,134
any rule promulgated by the board.
This division does not apply to a violation or attempted 2,136
violation of, assisting in or abetting the violation of, or a 2,137
conspiracy to violate, any provision of this chapter or any rule 2,138
adopted by the board that would preclude the making of a report 2,141
by a physician of an employee's use of a drug of abuse, or of a 2,142
condition of an employee other than one involving the use of a 2,143
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing in 2,145
this division affects the immunity from civil liability conferred 2,146
by that section upon a physician who makes either type of report 2,147
in accordance with division (B) of that section. As used in this 2,148
division, "employee," "employer," and "physician" have the same 2,149
meanings as in section 2305.33 of the Revised Code. 2,150
(21) The violation of any abortion rule adopted by the 2,152
public health council pursuant to section 3701.341 of the Revised 2,153
Code; 2,154
(22) Any of the following actions taken by the state 2,156
50
agency responsible for regulating the practice of medicine and 2,157
surgery, osteopathic medicine and surgery, podiatry, or the 2,158
limited branches of medicine in another state, for any reason 2,159
other than the nonpayment of fees: the limitation, revocation, 2,160
or suspension of an individual's license to practice; acceptance 2,161
of an individual's license surrender; denial of a license; 2,162
refusal to renew or reinstate a license; imposition of probation; 2,164
or issuance of an order of censure or other reprimand; 2,165
(23) The violation of section 2919.12 of the Revised Code 2,167
or the performance or inducement of an abortion upon a pregnant 2,168
woman with actual knowledge that the conditions specified in 2,169
division (B) of section 2317.56 of the Revised Code have not been 2,170
satisfied or with a heedless indifference as to whether those 2,171
conditions have been satisfied, unless an affirmative defense as 2,172
specified in division (H)(2) of that section would apply in a 2,173
civil action authorized by division (H)(1) of that section; 2,174
(24) The revocation, suspension, restriction, reduction, 2,176
or termination of clinical privileges by the United States 2,178
department of defense or department of veterans affairs or the 2,180
termination or suspension of a certificate of registration to 2,181
prescribe drugs by the drug enforcement administration of the 2,182
United States department of justice; 2,183
(25) Termination or suspension from participation in the 2,185
medicare or medicaid programs by the department of health and 2,187
human services or other responsible agency for any act or acts 2,188
that also would constitute a violation of division (B)(2), (3), 2,189
(6), (8), or (19) of this section; 2,190
(26) Impairment of ability to practice according to 2,192
acceptable and prevailing standards of care because of habitual 2,193
or excessive use or abuse of drugs, alcohol, or other substances 2,194
that impair ability to practice. 2,195
For the purposes of this division, any individual 2,197
authorized to practice by this chapter accepts the privilege of 2,199
practicing in this state subject to supervision by the board. By 2,200
51
filing an application for or holding a certificate to practice 2,203
under this chapter, an individual shall be deemed to have given 2,205
consent to submit to a mental or physical examination when 2,206
ordered to do so by the board in writing, and to have waived all 2,207
objections to the admissibility of testimony or examination 2,208
reports that constitute privileged communications. 2,209
If it has reason to believe that any individual authorized 2,211
to practice by this chapter or any applicant for certification to 2,213
practice suffers such impairment, the board may compel the 2,214
individual to submit to a mental or physical examination, or 2,215
both. The expense of the examination is the responsibility of 2,217
the individual compelled to be examined. Any mental or physical 2,219
examination required under this division shall be undertaken by a 2,220
treatment provider or physician who is qualified to conduct the 2,221
examination and who is chosen by the board. 2,222
Failure to submit to a mental or physical examination 2,225
ordered by the board constitutes an admission of the allegations 2,226
against the individual unless the failure is due to circumstances 2,227
beyond the individual's control, and a default and final order 2,228
may be entered without the taking of testimony or presentation of 2,229
evidence. If the board determines that the individual's ability 2,230
to practice is impaired, the board shall suspend the individual's 2,231
certificate or deny the individual's application and shall 2,232
require the individual, as a condition for initial, continued, 2,233
reinstated, or renewed certification to practice, to submit to 2,235
treatment.
Before being eligible to apply for reinstatement of a 2,237
certificate suspended under this division, the impaired 2,239
practitioner shall demonstrate to the board the ability to resume 2,241
practice in compliance with acceptable and prevailing standards 2,242
of care under the provisions of the practitioner's certificate. 2,243
The demonstration shall include, but shall not be limited to, the 2,245
following:
(a) Certification from a treatment provider approved under 2,247
52
section 4731.25 of the Revised Code that the individual has 2,249
successfully completed any required inpatient treatment; 2,250
(b) Evidence of continuing full compliance with an 2,252
aftercare contract or consent agreement; 2,253
(c) Two written reports indicating that the individual's 2,255
ability to practice has been assessed and that the individual has 2,256
been found capable of practicing according to acceptable and 2,257
prevailing standards of care. The reports shall be made by 2,258
individuals or providers approved by the board for making the 2,259
assessments and shall describe the basis for their determination. 2,260
The board may reinstate a certificate suspended under this 2,263
division after that demonstration and after the individual has 2,264
entered into a written consent agreement. 2,265
When the impaired practitioner resumes practice, the board 2,267
shall require continued monitoring of the individual. The 2,269
monitoring shall include, but not be limited to, compliance with 2,271
the written consent agreement entered into before reinstatement 2,272
or with conditions imposed by board order after a hearing, and, 2,273
upon termination of the consent agreement, submission to the 2,274
board for at least two years of annual written progress reports 2,275
made under penalty of perjury stating whether the individual has 2,276
maintained sobriety. 2,277
(27) A second or subsequent violation of section 4731.66 2,279
or 4731.69 of the Revised Code; 2,280
(28) Except as provided in division (N) of this section: 2,282
(a) Waiving the payment of all or any part of a deductible 2,285
or copayment that a patient, pursuant to a health insurance or 2,286
health care policy, contract, or plan that covers the 2,287
individual's services, otherwise would be required to pay if the 2,289
waiver is used as an enticement to a patient or group of patients 2,290
to receive health care services from that individual; 2,291
(b) Advertising that the individual will waive the payment 2,294
of all or any part of a deductible or copayment that a patient, 2,295
pursuant to a health insurance or health care policy, contract, 2,296
53
or plan that covers the individual's services, otherwise would be 2,298
required to pay. 2,299
(29) Failure to use universal blood and body fluid 2,301
precautions established by rules adopted under section 4731.051 2,302
of the Revised Code; 2,303
(30) Failure of a collaborating physician to perform the 2,306
responsibilities agreed to by the physician in the protocol 2,307
established between the physician and an advanced practice nurse 2,308
in accordance with section 4723.56 of the Revised Code; 2,309
(31) Failure to provide notice to, and receive 2,311
acknowledgment of the notice from, a patient when required by 2,313
section 4731.143 of the Revised Code prior to providing 2,314
nonemergency professional services, or failure to maintain that 2,315
notice in the patient's file;
(32) Failure of a physician supervising a physician 2,317
assistant to maintain supervision in accordance with the 2,318
requirements of Chapter 4730. of the Revised Code and the rules 2,319
adopted under that chapter;
(33) Failure of a physician or podiatrist to maintain a 2,321
standard care arrangement with a clinical nurse specialist, 2,322
certified nurse-midwife, or certified nurse practitioner with 2,323
whom the physician or podiatrist is in collaboration pursuant to 2,324
section 4731.27 of the Revised Code and practice in accordance 2,325
with the arrangement;
(34) Failure to comply with the terms of a consult 2,327
agreement entered into with a pharmacist pursuant to section 2,328
4729.39 of the Revised Code; 2,329
(35) Failure to cooperate in an investigation conducted by 2,331
the board under division (F) of this section, including failure 2,333
to comply with a subpoena or order issued by the board or failure 2,334
to answer truthfully a question presented by the board at a 2,335
deposition or in written interrogatories, except that failure to 2,336
cooperate with an investigation shall not constitute grounds for 2,337
discipline under this section if a court of competent 2,338
54
jurisdiction has issued an order that either quashes a subpoena 2,339
or permits the individual to withhold the testimony or evidence 2,340
in issue.
(C) Disciplinary actions taken by the board under 2,342
divisions (A) and (B) of this section shall be taken pursuant to 2,343
an adjudication under Chapter 119. of the Revised Code, except 2,344
that in lieu of an adjudication, the board may enter into a 2,345
consent agreement with an individual to resolve an allegation of 2,346
a violation of this chapter or any rule adopted under it. A 2,347
consent agreement, when ratified by an affirmative vote of not 2,348
fewer than six members of the board, shall constitute the 2,349
findings and order of the board with respect to the matter 2,350
addressed in the agreement. If the board refuses to ratify a 2,351
consent agreement, the admissions and findings contained in the 2,352
consent agreement shall be of no force or effect. 2,353
(D) For purposes of divisions (B)(10), (12), and (14) of 2,355
this section, the commission of the act may be established by a 2,356
finding by the board, pursuant to an adjudication under Chapter 2,358
119. of the Revised Code, that the individual committed the act.
The board does not have jurisdiction under those divisions if the 2,361
trial court renders a final judgment in the individual's favor
and that judgment is based upon an adjudication on the merits. 2,364
The board has jurisdiction under those divisions if the trial 2,365
court issues an order of dismissal upon technical or procedural 2,366
grounds.
(E) The sealing of conviction records by any court shall 2,368
have no effect upon a prior board order entered under this 2,369
section or upon the board's jurisdiction to take action under 2,370
this section if, based upon a plea of guilty, a judicial finding 2,372
of guilt, or a judicial finding of eligibility for treatment in 2,373
lieu of conviction, the board issued a notice of opportunity for 2,374
a hearing prior to the court's order to seal the records. The 2,375
board shall not be required to seal, destroy, redact, or 2,376
otherwise modify its records to reflect the court's sealing of 2,377
55
conviction records. 2,378
(F)(1) The board shall investigate evidence that appears 2,380
to show that a person has violated any provision of this chapter 2,382
or any rule adopted under it. Any person may report to the board
in a signed writing any information that the person may have that 2,384
appears to show a violation of any provision of this chapter or 2,385
any rule adopted under it. In the absence of bad faith, any 2,387
person who reports information of that nature or who testifies
before the board in any adjudication conducted under Chapter 119. 2,389
of the Revised Code shall not be liable in damages in a civil 2,390
action as a result of the report or testimony. Each complaint or 2,392
allegation of a violation received by the board shall be assigned 2,393
a case number and shall be recorded by the board. 2,394
(2) Investigations of alleged violations of this chapter 2,396
or any rule adopted under it shall be supervised by the 2,398
supervising member elected by the board in accordance with 2,399
section 4731.02 of the Revised Code and by the secretary as 2,400
provided in section 4731.39 of the Revised Code. The president
may designate another member of the board to supervise the 2,402
investigation in place of the supervising member. No member of
the board who supervises the investigation of a case shall 2,404
participate in further adjudication of the case.
(3) In investigating a possible violation of this chapter 2,407
or any rule adopted under this chapter, the board may administer 2,409
oaths, order the taking of depositions, issue subpoenas, and 2,410
compel the attendance of witnesses and production of books, 2,411
accounts, papers, records, documents, and testimony, except that 2,412
a subpoena for patient record information shall not be issued 2,413
without consultation with the attorney general's office and 2,414
approval of the secretary and supervising member of the board. 2,416
Before issuance of a subpoena for patient record information, the 2,417
secretary and supervising member shall determine whether there is 2,420
probable cause to believe that the complaint filed alleges a
violation of this chapter or any rule adopted under it and that 2,421
56
the records sought are relevant to the alleged violation and 2,423
material to the investigation. The subpoena may apply only to 2,424
records that cover a reasonable period of time surrounding the 2,425
alleged violation. 2,426
On failure to comply with any subpoena issued by the board 2,429
and after reasonable notice to the person being subpoenaed, the 2,430
board may move for an order compelling the production of persons 2,431
or records pursuant to the Rules of Civil Procedure. 2,432
A subpoena issued by the board may be served by a sheriff, 2,434
the sheriff's deputy, or a board employee designated by the 2,435
board. Service of a subpoena issued by the board may be made by 2,437
delivering a copy of the subpoena to the person named therein, 2,438
reading it to the person, or leaving it at the person's usual 2,439
place of residence. When the person being served is a person 2,440
whose practice is authorized by this chapter, service of the 2,441
subpoena may be made by certified mail, restricted delivery, 2,442
return receipt requested, and the subpoena shall be deemed served 2,443
on the date delivery is made or the date the person refuses to 2,444
accept delivery.
A sheriff's deputy who serves a subpoena shall receive the 2,446
same fees as a sheriff. Each witness who appears before the 2,448
board in obedience to a subpoena shall receive the fees and 2,450
mileage provided for witnesses in civil cases in the courts of 2,451
common pleas.
(4) All hearings and investigations of the board shall be 2,453
considered civil actions for the purposes of section 2305.251 of 2,454
the Revised Code. 2,455
(5) Information received by the board pursuant to an 2,457
investigation is confidential and not subject to discovery in any 2,458
civil action. 2,459
The board shall conduct all investigations and proceedings 2,461
in a manner that protects the confidentiality of patients and 2,463
persons who file complaints with the board. The board shall not 2,465
make public the names or any other identifying information about 2,466
57
patients or complainants unless proper consent is given or, in 2,467
the case of a patient, a waiver of the patient privilege exists 2,468
under division (B) of section 2317.02 of the Revised Code, except 2,469
that consent or a waiver of that nature is not required if the 2,470
board possesses reliable and substantial evidence that no bona 2,472
fide physician-patient relationship exists. 2,473
The board may share any information it receives pursuant to 2,476
an investigation, including patient records and patient record 2,477
information, with other licensing boards and governmental 2,478
agencies that are investigating alleged professional misconduct 2,479
and with law enforcement agencies and other governmental agencies 2,481
that are investigating or prosecuting alleged criminal offenses.
A board or agency that receives the information shall comply with 2,482
the same requirements regarding confidentiality as those with 2,483
which the state medical board must comply, notwithstanding any 2,484
conflicting provision of the Revised Code or procedure of the 2,486
board or agency that applies when the board or agency is dealing
with other information in its possession. The information may be 2,488
admitted into evidence in a criminal trial in accordance with the 2,489
Rules of Evidence, but the court shall require that appropriate 2,490
measures are taken to ensure that confidentiality is maintained 2,491
with respect to any part of the information that contains names 2,492
or other identifying information about patients or complainants
whose confidentiality was protected by the state medical board 2,493
when the information was in the board's possession. Measures to 2,494
ensure confidentiality that may be taken by the court include 2,495
sealing its records or deleting specific information from its 2,497
records.
(6) On a quarterly basis, the board shall prepare a report 2,499
that documents the disposition of all cases during the preceding 2,500
three months. The report shall contain the following information 2,501
for each case with which the board has completed its activities: 2,502
(a) The case number assigned to the complaint or alleged 2,504
violation; 2,505
58
(b) The type of certificate to practice, if any, held by 2,508
the individual against whom the complaint is directed; 2,509
(c) A description of the allegations contained in the 2,511
complaint; 2,512
(d) The disposition of the case. 2,514
The report shall state how many cases are still pending and 2,517
shall be prepared in a manner that protects the identity of each 2,519
person involved in each case. The report shall be a public 2,520
record under section 149.43 of the Revised Code.
(G) If the secretary and supervising member determine that 2,522
there is clear and convincing evidence that an individual has 2,524
violated division (B) of this section and that the individual's 2,525
continued practice presents a danger of immediate and serious 2,527
harm to the public, they may recommend that the board suspend the 2,528
individual's certificate to practice without a prior hearing. 2,530
Written allegations shall be prepared for consideration by the
board. 2,531
The board, upon review of those allegations and by an 2,533
affirmative vote of not fewer than six of its members, excluding 2,535
the secretary and supervising member, may suspend a certificate 2,536
without a prior hearing. A telephone conference call may be 2,537
utilized for reviewing the allegations and taking the vote on the 2,538
summary suspension. 2,539
The board shall issue a written order of suspension by 2,541
certified mail or in person in accordance with section 119.07 of 2,542
the Revised Code. The order shall not be subject to suspension 2,544
by the court during pendency of any appeal filed under section 2,545
119.12 of the Revised Code. If the individual subject to the 2,547
summary suspension requests an adjudicatory hearing by the board, 2,548
the date set for the hearing shall be within fifteen days, but 2,549
not earlier than seven days, after the individual requests the 2,551
hearing, unless otherwise agreed to by both the board and the 2,552
individual.
Any summary suspension imposed under this division shall 2,554
59
remain in effect, unless reversed on appeal, until a final 2,555
adjudicative order issued by the board pursuant to this section 2,556
and Chapter 119. of the Revised Code becomes effective. The 2,557
board shall issue its final adjudicative order within sixty days 2,558
after completion of its hearing. A failure to issue the order 2,559
within sixty days shall result in dissolution of the summary 2,560
suspension order but shall not invalidate any subsequent, final 2,561
adjudicative order. 2,562
(H) If the board takes action under division (B)(9), (11), 2,565
or (13) of this section and the judicial finding of guilt, guilty 2,566
plea, or judicial finding of eligibility for treatment in lieu of 2,567
conviction is overturned on appeal, upon exhaustion of the 2,569
criminal appeal, a petition for reconsideration of the order may 2,570
be filed with the board along with appropriate court documents. 2,571
Upon receipt of a petition of that nature and supporting court 2,572
documents, the board shall reinstate the individual's certificate 2,573
to practice. The board may then hold an adjudication under 2,574
Chapter 119. of the Revised Code to determine whether the 2,575
individual committed the act in question. Notice of an 2,577
opportunity for a hearing shall be given in accordance with 2,578
Chapter 119. of the Revised Code. If the board finds, pursuant 2,579
to an adjudication held under this division, that the individual 2,580
committed the act or if no hearing is requested, the board may 2,582
order any of the sanctions identified under division (B) of this 2,583
section.
(I) The certificate to practice issued to an individual 2,585
under this chapter and the individual's practice in this state 2,587
are automatically suspended as of the date the individual pleads
guilty to, is found by a judge or jury to be guilty of, or is 2,589
subject to a judicial finding of eligibility for treatment in 2,590
lieu of conviction for any of the following criminal offenses in 2,592
this state or a substantially equivalent criminal offense in 2,593
another jurisdiction: aggravated murder, murder, voluntary 2,594
manslaughter, felonious assault, kidnapping, rape, sexual 2,595
60
battery, gross sexual imposition, aggravated arson, aggravated 2,596
robbery, or aggravated burglary. Continued practice after 2,598
suspension shall be considered practicing without a certificate. 2,599
The board shall notify the individual subject to the 2,602
suspension by certified mail or in person in accordance with 2,603
section 119.07 of the Revised Code. If an individual whose 2,604
certificate is suspended under this division fails to make a 2,605
timely request for an adjudication under Chapter 119. of the 2,606
Revised Code, the board shall enter a final order permanently 2,607
revoking the individual's certificate to practice. 2,608
(J) If the board is required by Chapter 119. of the 2,611
Revised Code to give notice of an opportunity for a hearing and 2,612
if the individual subject to the notice does not timely request a 2,613
hearing in accordance with section 119.07 of the Revised Code, 2,615
the board is not required to hold a hearing, but may adopt, by an 2,616
affirmative vote of not fewer than six of its members, a final 2,618
order that contains the board's findings. In that final order, 2,619
the board may order any of the sanctions identified under 2,620
division (A) or (B) of this section. 2,621
(K) Any action taken by the board under division (B) of 2,623
this section resulting in a suspension from practice shall be 2,624
accompanied by a written statement of the conditions under which 2,625
the individual's certificate to practice may be reinstated. The 2,627
board shall adopt rules governing conditions to be imposed for 2,628
reinstatement. Reinstatement of a certificate suspended pursuant 2,629
to division (B) of this section requires an affirmative vote of 2,630
not fewer than six members of the board. 2,631
(L) When the board refuses to grant a certificate to an 2,634
applicant, revokes an individual's certificate to practice, 2,636
refuses to register an applicant, or refuses to reinstate an 2,637
individual's certificate to practice, the board may specify that 2,638
its action is permanent. An individual subject to a permanent 2,639
action taken by the board is forever thereafter ineligible to 2,640
hold a certificate to practice and the board shall not accept an 2,641
61
application for reinstatement of the certificate or for issuance 2,642
of a new certificate.
(M) Notwithstanding any other provision of the Revised 2,644
Code, all of the following apply: 2,645
(1) The surrender of a certificate issued under this 2,647
chapter shall not be effective unless or until accepted by the 2,649
board. Reinstatement of a certificate surrendered to the board 2,650
requires an affirmative vote of not fewer than six members of the 2,651
board.
(2) An application for a certificate made under the 2,654
provisions of this chapter may not be withdrawn without approval 2,656
of the board.
(3) Failure by an individual to renew a certificate of 2,659
registration in accordance with this chapter shall not remove or
limit the board's jurisdiction to take any disciplinary action 2,661
under this section against the individual. 2,662
(N) Sanctions shall not be imposed under division (B)(28) 2,665
of this section against any person who waives deductibles and 2,666
copayments as follows:
(1) In compliance with the health benefit plan that 2,668
expressly allows such a practice. Waiver of the deductibles or 2,669
copayments shall be made only with the full knowledge and consent 2,670
of the plan purchaser, payer, and third-party administrator. 2,671
Documentation of the consent shall be made available to the board 2,672
upon request.
(2) For professional services rendered to any other person 2,674
authorized to practice pursuant to this chapter, to the extent 2,676
allowed by this chapter and rules adopted by the board. 2,677
(O) Under the board's investigative duties described in 2,679
this section and subject to division (F) of this section, the 2,681
board shall develop and implement a quality intervention program 2,683
designed to improve through remedial education the clinical and 2,685
communication skills of individuals authorized under this chapter 2,686
to practice medicine and surgery, osteopathic medicine and
62
surgery, and podiatry. In developing and implementing the 2,688
quality intervention program, the board may do all of the 2,689
following:
(1) Offer in appropriate cases as determined by the board 2,691
an educational and assessment program pursuant to an 2,692
investigation the board conducts under this section; 2,693
(2) Select providers of educational and assessment 2,695
services, including a quality intervention program panel of case 2,696
reviewers;
(3) Make referrals to educational and assessment service 2,699
providers and approve individual educational programs recommended 2,700
by those providers. The board shall monitor the progress of each 2,701
individual undertaking a recommended individual educational 2,702
program. 2,703
(4) Determine what constitutes successful completion of an 2,705
individual educational program and require further monitoring of 2,706
the individual who completed the program or other action that the 2,708
board determines to be appropriate;
(5) Adopt rules in accordance with Chapter 119. of the 2,710
Revised Code to further implement the quality intervention 2,712
program.
An individual who participates in an individual educational 2,715
program pursuant to this division shall pay the financial 2,716
obligations arising from that educational program. 2,717
Sec. 5101.141. (A) The department of human services shall 2,727
act as the single state agency to administer federal payments for 2,728
foster care and adoption assistance made pursuant to Title IV-E 2,729
of the "Social Security Act," 94 Stat. 501, 42 U.S.C.A. 670 2,730
(1980), as amended, and shall adopt rules to implement this
authority. Internal management rules governing financial and 2,732
administrative requirements applicable to public children 2,733
services agencies, PRIVATE CHILD PLACING AGENCIES, AND PRIVATE 2,734
NONCUSTODIAL AGENCIES shall be adopted in accordance with section 2,735
111.15 of the Revised Code. Rules establishing eligibility, 2,738
63
program participation, and other requirements shall be adopted in 2,739
accordance with Chapter 119. of the Revised Code. A public
children services agency to which the department distributes 2,740
Title IV-E funds shall administer the funds in accordance with 2,742
those rules. 2,743
(B)(1) The county, on behalf of each child eligible for 2,746
foster care maintenance payments under Title IV-E of the "Social 2,747
Security Act," shall make payments to cover the cost of providing 2,748
all of the following:
(a) The child's food, clothing, shelter, daily 2,750
supervision, and school supplies; 2,751
(b) The child's personal incidentals; 2,753
(c) Reasonable travel to the child's home for visitation. 2,755
(2) In addition to payments made under division (B)(1) of 2,757
this section, the county may, on behalf of each child eligible 2,758
for foster care maintenance payments under Title IV-E of the 2,762
"Social Security Act," make payments to cover the cost of 2,765
providing the following:
(a) Liability insurance with respect to the child; 2,768
(b) If the county is participating in the demonstration 2,771
project established under division (A) of section 5101.142 of the 2,772
Revised Code, services provided under the project. 2,773
(3) With respect to a child who is in a child-care 2,775
institution, including any type of group home designed for the 2,776
care of children or any privately operated program consisting of 2,777
two or more family foster homes operated by a common 2,778
administrative unit, the foster care maintenance payments made by 2,779
the county on behalf of the child shall include the reasonable 2,780
cost of the administration and operation of the institution, 2,781
group home, or program, as necessary to provide the items 2,782
described in division DIVISIONS (B)(1) and (2) of this section. 2,783
(C) To the extent that either foster care maintenance 2,785
payments under division (B) of this section or Title IV-E 2,786
adoption assistance payments for maintenance costs require the 2,787
64
expenditure of county funds, the board of county commissioners 2,788
shall report the nature and amount of each expenditure of county 2,789
funds to the department. 2,790
(D) The department shall distribute to public children 2,793
services agencies that incur and report such expenditures federal 2,794
financial participation received for administrative and training 2,795
costs incurred in the operation of foster care maintenance and 2,796
adoption assistance programs. The department may withhold not 2,797
more than two per cent of the federal financial participation 2,798
received. The funds withheld shall be in addition to any 2,799
administration and training cost for which the department is 2,800
reimbursed through its own cost allocation plan. 2,801
(E) All federal funds received by a county pursuant to 2,803
this section shall be deposited into the county's children 2,804
services fund created pursuant to section 5101.144 of the Revised 2,806
Code.
(F) The department shall periodically publish and 2,809
distribute the maximum amounts that the department will reimburse 2,810
public children services agencies for making payments on behalf 2,811
of children eligible for foster care maintenance payments.
(G) The department, by and through its director, is hereby 2,813
authorized to develop, participate in the development of, 2,814
negotiate, and enter into one or more interstate compacts on 2,815
behalf of this state with agencies of any other states, for the 2,816
provision of medical assistance and other social services to 2,817
children in relation to whom all of the following apply:
(1) They have special needs. 2,819
(2) This state or another state that is a party to the 2,821
interstate compact is providing adoption assistance on their 2,822
behalf.
(3) They move into this state from another state or move 2,824
out of this state to another state. 2,825
Sec. 5101.145. (A) FOR THE PURPOSES OF THIS SECTION, 2,827
"TITLE IV-E" MEANS TITLE IV-E OF THE "SOCIAL SECURITY ACT," 94 2,832
65
STAT. 501, 42 U.S.C.A. 670 (1980). 2,833
(B) IN ADOPTING RULES UNDER SECTION 5101.141 OF THE 2,836
REVISED CODE REGARDING FINANCIAL REQUIREMENTS APPLICABLE TO 2,837
PUBLIC CHILDREN SERVICES AGENCIES, PRIVATE CHILD PLACING 2,838
AGENCIES, AND PRIVATE NONCUSTODIAL AGENCIES, THE DEPARTMENT OF 2,839
HUMAN SERVICES SHALL ESTABLISH BOTH OF THE FOLLOWING: 2,840
(1) A SINGLE FORM FOR PRIVATE CHILD PLACING AGENCIES AND 2,842
PRIVATE NONCUSTODIAL AGENCIES TO REPORT COSTS REIMBURSABLE UNDER 2,843
TITLE IV-E AND COSTS REIMBURSABLE UNDER MEDICAID; 2,845
(2) PROCEDURES TO MONITOR COST REPORTS SUBMITTED BY 2,847
PRIVATE CHILD PLACING AGENCIES AND PRIVATE NONCUSTODIAL AGENCIES. 2,848
Sec. 5101.146. THE DEPARTMENT OF HUMAN SERVICES SHALL 2,850
ESTABLISH THE FOLLOWING PENALTIES, WHICH SHALL BE ENFORCED AT THE 2,851
DISCRETION OF THE DEPARTMENT, FOR THE FAILURE OF A PUBLIC 2,852
CHILDREN SERVICES AGENCY, PRIVATE CHILD PLACING AGENCY, OR 2,853
PRIVATE NONCUSTODIAL AGENCY TO COMPLY WITH PROCEDURES THE 2,854
DEPARTMENT ESTABLISHES TO ENSURE FISCAL ACCOUNTABILITY: 2,855
(A) FOR INITIAL FAILURE, THE DEVELOPMENT AND 2,857
IMPLEMENTATION OF A CORRECTIVE ACTION PLAN ACCORDING TO A 2,858
SPECIFIC SCHEDULE;
(B) FOR SUBSEQUENT FAILURES OR FAILURE TO ACHIEVE THE 2,860
GOALS OF THE PLAN DESCRIBED IN DIVISION (A) OF THIS SECTION, 2,861
EITHER OF THE FOLLOWING: 2,862
(1) FOR PUBLIC CHILDREN SERVICES AGENCIES, WITHHOLDING OF 2,864
TITLE IV-E FUNDS; 2,865
(2) FOR PRIVATE CHILD PLACING AGENCIES OR PRIVATE 2,867
NONCUSTODIAL AGENCIES, LOSS OF REIMBURSEMENT FOR TWO YEARS. 2,868
Sec. 5101.147. THE STATEWIDE AUTOMATED CHILD WELFARE 2,870
INFORMATION SYSTEM THE DEPARTMENT OF HUMAN SERVICES DEVELOPS 2,871
SHALL COLLECT AND MAINTAIN INFORMATION CONCERNING CHILD WELFARE 2,872
SERVICES PROVIDED TO CHILDREN REPORTED TO BE ABUSED OR NEGLECTED 2,873
OR AT RISK OF ABUSE OR NEGLECT. 2,874
Sec. 5153.171. (A) ON RECEIPT BY A PUBLIC CHILDREN 2,877
SERVICES AGENCY OF A REQUEST FOR THE RELEASE OF INFORMATION ABOUT 2,878
66
A CHILD UNDER EIGHTEEN YEARS OF AGE WHO WAS A RESIDENT OF THE 2,879
COUNTY SERVED BY THE AGENCY AT THE TIME OF DEATH AND WHOSE DEATH 2,880
MAY HAVE BEEN CAUSED BY ABUSE, NEGLECT, OR OTHER CRIMINAL 2,881
CONDUCT, THE DIRECTOR OF THE AGENCY IMMEDIATELY SHALL CONFER WITH 2,883
THE PROSECUTING ATTORNEY OF THAT COUNTY. AFTER THE EXECUTIVE
DIRECTOR CONFERS WITH THE PROSECUTING ATTORNEY, THE FOLLOWING 2,885
APPLY:
(1) IF THE PROSECUTING ATTORNEY INTENDS TO PROSECUTE A 2,888
PERSON FOR CAUSING THE CHILD'S DEATH, THE PROSECUTING ATTORNEY 2,889
SHALL DETERMINE THE INFORMATION DESCRIBED IN DIVISION (A) OF 2,891
SECTION 5153.172 OF THE REVISED CODE THAT MAY BE RELEASED, IF 2,892
ANY, AND NOTIFY THE DIRECTOR OF THE INTENT TO PROSECUTE AND THE 2,893
DETERMINATION OF WHAT INFORMATION MAY BE RELEASED. EXCEPT AS 2,894
PROVIDED IN SECTION 5153.173 OF THE REVISED CODE, ON RECEIPT OF 2,895
THE NOTICE, THE DIRECTOR SHALL RELEASE THE INFORMATION THE 2,896
PROSECUTOR DETERMINES MAY BE RELEASED AND NO OTHER INFORMATION. 2,897
(2) IF THE PROSECUTING ATTORNEY DOES NOT INTEND TO 2,900
PROSECUTE A PERSON FOR CAUSING THE DEATH OF THE CHILD, THE 2,901
PROSECUTING ATTORNEY SHALL NOTIFY THE DIRECTOR THAT NO 2,902
PROSECUTION IS INTENDED. EXCEPT AS PROVIDED IN SECTION 5153.173 2,903
OF THE REVISED CODE, ON RECEIPT OF THE NOTICE, THE DIRECTOR SHALL 2,904
RELEASE THE INFORMATION DESCRIBED IN DIVISION (A) OF SECTION 2,905
5153.172 OF THE REVISED CODE.
(B) A PUBLIC CHILDREN SERVICES AGENCY DIRECTOR WHO 2,908
RELEASES INFORMATION IN ACCORDANCE WITH THIS SECTION IN GOOD 2,909
FAITH SHALL NOT BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY FOR 2,910
INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY INCURRED OR IMPOSED 2,911
AS A RESULT OF PROVISION OF THE INFORMATION. 2,912
Sec. 5153.172. (A) NOTWITHSTANDING SECTIONS 2151.421, 2,915
3701.243, 5153.17, AND ANY OTHER SECTION OF THE REVISED CODE 2,917
PERTAINING TO CONFIDENTIALITY AND UNLESS PRECLUDED BY SECTION 2,919
5153.173 OF THE REVISED CODE, THE DIRECTOR SHALL DISCLOSE THE 2,920
FOLLOWING INFORMATION CONCERNING A DECEASED CHILD IN ACCORDANCE 2,921
WITH SECTION 5153.171 OF THE REVISED CODE:
67
(1) THE CHILD'S NAME; 2,923
(2) A SUMMARY REPORT OF THE CHRONOLOGY OF ABUSE OR NEGLECT 2,926
REPORTS MADE PURSUANT TO SECTION 2151.421 OF THE REVISED CODE OF 2,928
WHICH THE DECEASED CHILD IS THE SUBJECT AND THE FINAL DISPOSITION 2,929
OF THE INVESTIGATIONS OF THE REPORTS OR, IF INVESTIGATIONS HAVE 2,930
NOT BEEN COMPLETED, THE STATUS OF ANY INVESTIGATIONS; 2,931
(3) SERVICES PROVIDED TO OR PURCHASED FOR THE CHILD OR TO 2,933
WHICH THE CHILD WAS REFERRED BY A PUBLIC CHILDREN SERVICES 2,935
AGENCY; 2,936
(4) ACTIONS TAKEN BY A PUBLIC CHILDREN SERVICES AGENCY IN 2,939
RESPONSE TO ANY REPORT OF ABUSE OR NEGLECT OF WHICH THE CHILD WAS 2,940
THE SUBJECT.
(B) NO PERSON MAY RELEASE, PURSUANT TO A REQUEST MADE 2,944
UNDER THIS SECTION CONCERNING A DECEASED CHILD, THE NAME OF ANY 2,945
PERSON OR ENTITY THAT MADE A REPORT OR PARTICIPATED IN MAKING A 2,946
REPORT OF CHILD ABUSE OR NEGLECT OF WHICH THE CHILD WAS THE 2,947
SUBJECT; THE NAMES OF THE PARENTS OR SIBLINGS OF THE CHILD; THE 2,948
CONTENTS OF ANY PSYCHOLOGICAL, PSYCHIATRIC, THERAPEUTIC, 2,949
CLINICAL, OR MEDICAL REPORTS OR EVALUATIONS REGARDING THE CHILD; 2,951
WITNESS STATEMENTS; POLICE OR OTHER INVESTIGATIVE REPORTS; OR ANY 2,952
OTHER INFORMATION OTHER THAN THE INFORMATION THAT MAY BE RELEASED 2,953
IN ACCORDANCE WITH THIS SECTION.
Sec. 5153.173. (A) THE DIRECTOR SHALL NOT DISCLOSE ANY 2,955
INFORMATION PURSUANT TO SECTION 5153.172 OF THE REVISED CODE IF 2,956
ONE OF THE FOLLOWING JUDGES OF THE COMMON PLEAS COURT OF THE 2,957
COUNTY THE DECEASED CHILD RESIDED IN AT THE TIME OF DEATH 2,958
DETERMINES, ON MOTION OF THE PUBLIC CHILDREN SERVICES AGENCY, 2,959
THAT DISCLOSING THE INFORMATION WOULD NOT BE IN THE BEST INTEREST 2,960
OF A SIBLING OF THE DECEASED CHILD OR ANOTHER CHILD RESIDING IN 2,961
THE HOUSEHOLD THE CHILD RESIDED IN AT THE TIME OF DEATH: 2,963
(1) IF THE DECEASED CHILD WAS NEVER ADJUDICATED AN ABUSED, 2,966
NEGLECTED, OR DEPENDENT CHILD BY A JUDGE OF THE COURT OF COMMON 2,967
PLEAS OF THE COUNTY, THE JUDGE OF THE PROBATE DIVISION WHO IS 2,968
MOST SENIOR IN LENGTH OF SERVICE AS A COMMON PLEAS JUDGE OF THE 2,969
68
COUNTY;
(2) IF THE DECEASED CHILD WAS ADJUDICATED AN ABUSED, 2,972
NEGLECTED, OR DEPENDENT CHILD BY A JUDGE OF THE COMMON PLEAS 2,973
COURT OF THE COUNTY, ONE OF THE FOLLOWING JUDGES OF THAT COURT: 2,974
(a) IF THE COURT HAS ONLY ONE JUDGE AND THE JUDGE DID NOT 2,977
MAKE THE PRIOR ADJUDICATION, THAT JUDGE;
(b) IF THE COURT HAS ONLY ONE JUDGE AND THE JUDGE MADE THE 2,980
PRIOR ADJUDICATION, A JUDGE APPOINTED BY THE SUPREME COURT 2,981
PURSUANT TO DIVISION (B) OF THIS SECTION; 2,982
(c) IF THE COURT HAS A PROBATE DIVISION THAT IS NOT 2,985
COMBINED WITH ANY OTHER DIVISION, THE JUDGE OF THE PROBATE
DIVISION WHO IS MOST SENIOR IN LENGTH OF SERVICE AS A COMMON 2,986
PLEAS JUDGE OF THE COUNTY; 2,987
(d) IF THE COURT HAS A PROBATE DIVISION THAT IS COMBINED 2,990
WITH ONE OR MORE OTHER DIVISIONS AND THE JUDGE OF THE COMBINED 2,991
DIVISION DID NOT MAKE THE PRIOR ADJUDICATION, THAT JUDGE; 2,992
(e) IF THE PROBATE DIVISION IS COMBINED WITH ONE OR MORE 2,995
OTHER DIVISIONS AND THE JUDGE OF THE COMBINED DIVISION MADE THE 2,996
PRIOR ADJUDICATION, THE JUDGE OF THE GENERAL DIVISION WHO IS MOST 2,997
SENIOR IN LENGTH OF SERVICE AS A COMMON PLEAS JUDGE OF THE 2,998
COUNTY.
(B) IF THE COURT HAS ONLY ONE JUDGE AND THAT JUDGE MADE AN 3,001
ADJUDICATION THAT THE DECEASED CHILD WAS AN ABUSED, NEGLECTED, OR 3,002
DEPENDENT CHILD, ON THE FILING OF A MOTION PURSUANT TO DIVISION 3,003
(A) OF THIS SECTION, THE COURT SHALL IMMEDIATELY NOTIFY THE 3,004
SUPREME COURT. NO LATER THAN FOURTEEN DAYS AFTER THE DATE THE 3,005
MOTION IS FILED BY THE PUBLIC CHILDREN SERVICES AGENCY, THE 3,006
SUPREME COURT SHALL APPOINT A JUDGE TO MAKE A DETERMINATION ON 3,007
THE MOTION PURSUANT TO DIVISION (A) OF THIS SECTION. 3,009
Section 2. That existing sections 117.13, 121.22, 149.43, 3,011
305.14, 2151.421, 2317.02, 4731.22, and 5101.141 of the Revised 3,012
Code are hereby repealed. 3,013
Section 3. Section 2151.421 of the Revised Code is 3,015
presented in this act as a composite of the section as amended by 3,016
69
both Sub. H.B. 606 and Am. Sub. S.B. 212 of the 122nd General 3,017
Assembly, with the new language of neither of the acts shown in 3,019
capital letters. This is in recognition of the principle stated 3,020
in division (B) of section 1.52 of the Revised Code that such 3,021
amendments are to be harmonized where not substantively 3,022
irreconcilable and constitutes a legislative finding that such is 3,023
the resulting version in effect prior to the effective date of 3,024
this act.