| (4) The requirements of minimum basic training that peace | 28 |
|
officers appointed to probationary terms shall complete before | 29 |
|
being eligible for permanent appointment, which requirements
shall | 30 |
|
include a minimum of fifteen hours of training in the
handling of | 31 |
|
the offense of domestic violence, other types of
domestic | 32 |
|
violence-related offenses and incidents, and protection
orders and | 33 |
|
consent agreements issued or approved under section
2919.26 or | 34 |
|
3113.31 of the Revised Code, a minimum of six hours of
crisis | 35 |
|
intervention training, and a specified amount of training
in the | 36 |
|
handling of missing children and child abuse and neglect
cases, | 37 |
|
and the time within which such basic training shall be
completed | 38 |
|
following such appointment to a probationary term; | 39 |
| (5) The requirements of minimum basic training that peace | 40 |
|
officers not appointed for probationary terms but appointed on | 41 |
|
other than a permanent basis shall complete in order to be | 42 |
|
eligible for continued employment or permanent appointment, which | 43 |
|
requirements shall include a minimum of fifteen hours of training | 44 |
|
in the handling of the offense of domestic violence, other types | 45 |
|
of domestic violence-related offenses and incidents, and | 46 |
|
protection orders and consent agreements issued or approved under | 47 |
|
section 2919.26 or 3113.31 of the Revised Code, a minimum of six | 48 |
|
hours of crisis intervention training, and a specified amount of | 49 |
|
training in the handling of missing children and child abuse and | 50 |
|
neglect cases, and the time within which such basic training
shall | 51 |
|
be completed following such appointment on other than a
permanent | 52 |
|
basis; | 53 |
| (6) Categories or classifications of advanced in-service | 54 |
|
training programs for peace officers, including programs in the | 55 |
|
handling of the offense of domestic violence, other types of | 56 |
|
domestic violence-related offenses and incidents, and protection | 57 |
|
orders and consent agreements issued or approved under section | 58 |
|
2919.26 or 3113.31 of the Revised Code, in crisis intervention, | 59 |
|
and in the handling of missing children and child abuse and | 60 |
|
neglect cases, and minimum courses of study and attendance | 61 |
|
requirements with respect to such categories or classifications; | 62 |
| (7) Permitting persons who are employed as members of a | 63 |
|
campus police department appointed under section 1713.50 of the | 64 |
|
Revised Code, who are employed as police officers by a qualified | 65 |
|
nonprofit corporation police department pursuant to section | 66 |
|
1702.80 of the Revised Code, or who are appointed and
commissioned | 67 |
|
as railroad police officers or hospital
police officers
pursuant | 68 |
|
to sections 4973.17 to 4973.22 of the Revised Code to
attend | 69 |
|
approved peace officer training schools, including the
Ohio peace | 70 |
|
officer training academy, and to receive certificates
of | 71 |
|
satisfactory completion of basic training programs, if the
private | 72 |
|
college or university that established the campus police | 73 |
|
department, qualified nonprofit corporation police department, | 74 |
|
railroad company, or hospital sponsoring the police
officers pays | 75 |
|
the entire cost of the training and certification
and if trainee | 76 |
|
vacancies are available; | 77 |
| (8) Permitting undercover drug agents to attend approved | 78 |
|
peace officer training schools, other than the Ohio peace officer | 79 |
|
training academy, and to receive certificates of satisfactory | 80 |
|
completion of basic training programs, if, for each undercover | 81 |
|
drug agent, the county, township, or municipal corporation that | 82 |
|
employs that undercover drug agent pays the entire cost of the | 83 |
|
training and certification; | 84 |
| (B) The commission shall appoint an executive director,
with | 107 |
|
the approval of the attorney general, who shall hold office
during | 108 |
|
the pleasure of the commission. The executive
director shall | 109 |
|
perform such duties as may be assigned by the
commission. The | 110 |
|
executive director
shall receive a salary fixed pursuant to | 111 |
|
Chapter 124. of the
Revised Code and reimbursement for expenses | 112 |
|
within the amounts
available by appropriation. The executive | 113 |
|
director may appoint
officers, employees, agents, and consultants | 114 |
|
as the executive
director considers
necessary, prescribe their | 115 |
|
duties, and provide for reimbursement
of their expenses within the | 116 |
|
amounts available for reimbursement
by appropriation and with the | 117 |
|
approval of the
commission. | 118 |
| (D) In establishing the requirements, under division (A)(12) | 141 |
| of this section, the commission may consider any portions of the | 142 |
| curriculm for instruction on the topic of animal husbandry | 143 |
| practices, if any, of the Ohio state university college of | 144 |
| veterinary medicine. No person or entity that fails to provide | 145 |
| instruction on traditional animal husbandry methods and training | 146 |
| techniques, including customary owner-performed practices, shall | 147 |
| qualify to train a humane agent for appointment under section | 148 |
| 1717.06 of the Revised Code. | 149 |
|
(6) "Federal animal welfare act" means the "Laboratory | 165 |
|
Animal Act of 1966," Pub. L. No. 89-544, 80 Stat. 350 (1966), 7 | 166 |
|
U.S.C.A. 2131 et seq., as amended by the "Animal Welfare Act of | 167 |
|
1970," Pub. L. No. 91-579, 84 Stat. 1560 (1970), the "Animal | 168 |
|
Welfare Act Amendments of 1976," Pub. L. No. 94-279, 90 Stat. 417 | 169 |
|
(1976), and the "Food Security Act of 1985," Pub. L. No. 99-198, | 170 |
|
99 Stat. 1354 (1985), and as it may be subsequently amended. | 171 |
| (2) Deprive the companion animal of necessary sustenance, | 181 |
|
confine the companion animal without supplying it during the | 182 |
|
confinement with sufficient quantities of good, wholesome food and | 183 |
|
water, or impound or confine the companion animal without | 184 |
|
affording it, during the impoundment or confinement, with access | 185 |
|
to shelter from heat, cold, wind, rain, snow, or excessive direct | 186 |
|
sunlight, if it can reasonably be expected that the companion | 187 |
|
animal would become sick or suffer in any other way as a result of | 188 |
|
or due to the deprivation, confinement, or impoundment or | 189 |
|
confinement in any of those specified manners. | 190 |
| (E) Notwithstanding any section of the Revised Code that | 210 |
|
otherwise provides for the distribution of fine moneys, the clerk | 211 |
|
of court shall forward all fines the clerk collects that are so | 212 |
|
imposed for any
violation of this section
to the treasurer of the | 213 |
|
political subdivision or the state, whose county humane society or | 214 |
|
law enforcement agency is to be paid the fine money as determined | 215 |
|
under this division. The
treasurer to whom the fines are forwarded | 216 |
|
shall pay the fine moneys to the county humane
society or the | 217 |
|
county, township, municipal corporation, or state law enforcement | 218 |
|
agency in this state that primarily was responsible for or | 219 |
|
involved in
the investigation and prosecution of
the violation.
If | 220 |
|
a county humane society receives any fine moneys under this | 221 |
|
division, the county
humane society shall use the fine
moneys to | 222 |
|
provide the training
that is required for humane agents
under | 223 |
|
section 1717.06 of the
Revised Code. | 224 |
| (4) "Officer" means any law enforcement officer, agent of a | 237 |
|
county humane society, dog warden, assistant dog warden, or other | 238 |
|
person appointed to act as an animal control officer for a county, | 239 |
|
municipal corporation, or township in accordance with state law, | 240 |
|
an ordinance, or a resolution. | 241 |
| (B) Except as otherwise provided in this division, an | 242 |
|
officer
may impound a companion animal if the officer
has probable | 243 |
|
cause to believe that it or other
companion animals
that are kept | 244 |
|
by the same person
on the premises are the
subject
of a
violation | 245 |
|
of section 959.131
of the Revised Code and
if the
officer has | 246 |
|
lawful access to the
companion animal at the
time of
the | 247 |
|
impoundment. The officer
shall give written notice of
the | 248 |
|
impoundment by posting the notice
on the door of the residence
on | 249 |
|
the premises at which the companion animal was
impounded, by | 250 |
|
giving it in person to the owner, custodian,
or caretaker of the | 251 |
|
companion animal, or by otherwise
posting the
notice in a | 252 |
|
conspicuous place on the premises where
the companion
animal was | 253 |
|
seized. No officer or impounding agency shall impound a companion | 254 |
|
animal that is the subject of a violation of section 959.131 of | 255 |
|
the Revised Code in a shelter owned, operated, or controlled by a | 256 |
|
board of county commissioners pursuant to Chapter 955. of the | 257 |
|
Revised Code unless the board, by resolution, authorizes the | 258 |
|
impoundment of companion animals in a shelter owned, operated, or | 259 |
|
controlled by that board and has executed, in the case when the | 260 |
|
officer is other than a dog warden or assistant dog warden, a | 261 |
|
contract specifying the terms and conditions of the impoundment. | 262 |
| (C) If charges are filed under section 959.131 of the | 263 |
|
Revised Code against the
custodian or caretaker of a
companion | 264 |
|
animal, but the
companion animal that is
the subject of
the | 265 |
|
charges is not
impounded, the court in which the charges
are | 266 |
|
pending may order
the
owner or person having custody of the | 267 |
|
companion animal to
provide
to the companion animal the | 268 |
|
necessities described in
divisions
(C)(2) to (6) of section | 269 |
|
959.131 of the Revised Code until the
final disposition of the | 270 |
|
charges.
If the court issues an order of
that nature, the court | 271 |
|
also may
authorize an officer or another
person
to visit the place | 272 |
|
where
the companion animal is
being
kept, at the times and under | 273 |
|
the
conditions that the court may
set, to
determine whether the | 274 |
|
companion animal is
receiving those
necessities and to remove and | 275 |
|
impound the companion
animal if the
companion animal
is not | 276 |
|
receiving those necessities. | 277 |
| (D) An owner, custodian, or caretaker of one or
more | 278 |
|
companion animals that have been impounded under this section
may | 279 |
|
file a written request for a hearing with the clerk of the
court | 280 |
|
in which charges are pending that were filed under section
959.131 | 281 |
|
of the Revised Code and that involve the impounded
companion | 282 |
|
animals. If a hearing is requested, the court shall
conduct a | 283 |
|
hearing not later than twenty-one days following receipt
of the | 284 |
|
request. At the hearing, the impounding agency has the
burden of | 285 |
|
proving by a preponderance of the evidence that probable
cause | 286 |
|
exists to find that the defendant is guilty of a violation
of | 287 |
|
section 959.131 of the Revised Code, unless probable cause has | 288 |
|
previously been established in a judicial proceeding, in which | 289 |
|
case the court shall take notice that probable cause exists and | 290 |
|
shall not require further proof of probable cause. A hearing that | 291 |
|
is
conducted
under division (D) of this section shall be combined | 292 |
|
whenever
possible with any hearing involving the same pending | 293 |
|
charges that
is authorized and conducted under division (E) of | 294 |
|
this section. | 295 |
| (E)(1) At any time that one or more charges are pending | 312 |
|
under
section 959.131 of the Revised Code,
an impounding
agency | 313 |
|
may
file
a motion in the
court in which the
charges are pending | 314 |
|
requesting
that
the defendant post a deposit
to cover the costs of | 315 |
|
caring,
during the pendency of the charges, for
any impounded | 316 |
|
companion
animals seized or removed from the defendant's custody | 317 |
|
if the
reasonably necessary projected costs of the care that will | 318 |
|
be
provided prior to the final resolution of the charges are | 319 |
|
estimated to be in excess of one thousand five hundred dollars. | 320 |
|
The
motion shall be
accompanied by an
affidavit that sets forth an | 321 |
|
estimate
of the
reasonably necessary costs that the impounding | 322 |
|
agency expects
to
incur in providing that care, which may include, | 323 |
|
but are not
limited to, the necessary cost of
veterinary care, | 324 |
|
medications,
food, water, and
board for the
companion animals | 325 |
|
during the pendency
of
the charges. | 326 |
| (2) Within ten days after the date on which a motion
is | 327 |
|
filed under division (E)(1) of this section, the court
shall | 328 |
|
conduct a hearing. Except as otherwise provided in division | 329 |
|
(E)(5) of this section, at the hearing,
the impounding
agency has | 330 |
|
the
burden of proving by a preponderance of the evidence that | 331 |
|
there
is
probable cause to find
that the defendant is guilty of a | 332 |
|
violation
of
section 959.131 of the Revised Code, unless probable | 333 |
|
cause has previously been established in a judicial proceeding, in | 334 |
|
which case the court shall take notice that probable cause exists | 335 |
|
and shall not require further proof of probable cause, and that | 336 |
|
the
reasonably
necessary cumulative costs of caring during the | 337 |
|
pendency of the
charges for the companion animals seized or | 338 |
|
removed from the
defendant's custody or control are reasonably | 339 |
|
projected to exceed
one thousand five hundred dollars. | 340 |
| (3) If the court finds at the conclusion of the hearing that | 341 |
|
probable cause does not exist for finding that the defendant | 342 |
|
committed a violation of section 959.131 of the Revised Code and | 343 |
|
that the defendant otherwise has a right to possession of the | 344 |
|
companion animals, the court shall order the animals to be | 345 |
|
returned to the defendant. If the court finds at the conclusion | 346 |
|
of the hearing that probable cause exists for finding that the | 347 |
|
defendant committed a violation of that section, but that the | 348 |
|
reasonably necessary costs for caring during the pendency of the | 349 |
|
charges for the companion animals seized or removed from the | 350 |
|
defendant's custody or control are reasonably projected to be one | 351 |
|
thousand five hundred dollars or less, the court shall deny
the | 352 |
|
petitioner's motion to require the defendant to pay a deposit. | 353 |
| (4) The court may order the defendant to forfeit the right | 374 |
|
of possession and ownership in one or more of the companion | 375 |
|
animals to the
impounding agency if the defendant fails to comply | 376 |
|
with the
conditions set forth in an order of the court that is | 377 |
|
rendered
under division (E)(3) of this section. If the order that | 378 |
|
was not complied with required the defendant to post a deposit, | 379 |
|
forfeiture of the companion animals relieves the defendant of any | 380 |
|
further obligation to post the deposit. | 381 |
| (b) At a hearing conducted under division (E) of this | 388 |
|
section, an impounding agency shall not be required to prove that | 389 |
|
there is probable cause to find that the defendant is guilty of a | 390 |
|
violation of section 959.131 of the Revised Code if the court | 391 |
|
already has made a finding concerning probable cause at a separate | 392 |
|
hearing conducted under division (D) of this section. In such an | 393 |
|
event, the probable cause finding made at the hearing conducted | 394 |
|
under division (D) of this section shall be used for purposes of | 395 |
|
the hearing conducted under division (E) of this section.
| 396 |
| (F)(1) If the defendant is found guilty of
violating | 397 |
|
section 959.131 of the Revised Code or any other offense relating | 398 |
|
to the care or treatment of a companion animal and the defendant | 399 |
|
posted a deposit pursuant to division (E) of this section, the | 400 |
|
court shall
determine the amount of the reasonably necessary | 401 |
|
costs that the
impounding agency incurred in caring for the | 402 |
|
companion animal
during the pendency of the charges. The court | 403 |
|
shall order the
clerk of the court to pay that amount of the | 404 |
|
deposit to the impounding agency and to dispose of any amount
of | 405 |
|
the deposit that
exceeds that amount
in the
following order: | 406 |
| (2) If the defendant is found not guilty of violating | 412 |
|
section 959.131 of the Revised Code or any other offense relating | 413 |
|
to the care or treatment of a companion animal, the court shall | 414 |
|
order the clerk of court to return the entire amount of the | 415 |
|
deposit to the defendant, and the impounding agency shall return | 416 |
|
the companion
animal to the defendant. If the companion animal | 417 |
|
cannot be
returned, the
court
shall order the impounding agency to | 418 |
|
pay to
the defendant an
amount determined by the court to be equal | 419 |
|
to the
reasonable
market value of the companion animal at the time | 420 |
|
that it was
impounded
plus statutory interest as defined in | 421 |
|
section
1343.03
of the
Revised Code from the date of the | 422 |
|
impoundment.
In
determining the
reasonable market value of the | 423 |
|
companion
animal,
the court may
consider the condition of the | 424 |
|
companion
animal at
the time that the
companion animal was | 425 |
|
impounded and any
change in the
condition of
the companion animal | 426 |
|
after it was
impounded. | 427 |
| (D) Whoever violates division (A) of section 959.13 of the | 445 |
|
Revised Code is guilty of a misdemeanor of the second degree. In | 446 |
|
addition, the court may order the offender to forfeit the animal | 447 |
|
or livestock and may provide for its disposition, including, but | 448 |
|
not limited to, the sale of the animal or livestock. If an
animal | 449 |
|
or livestock is forfeited and sold pursuant to this
division, the | 450 |
|
proceeds from the sale first shall be applied to
pay the expenses | 451 |
|
incurred with regard to the care of the animal
from the time it | 452 |
|
was taken from the custody of the former owner.
The balance of the | 453 |
|
proceeds from the sale, if any, shall be paid
to the former owner | 454 |
|
of the animal. | 455 |
| (3)(a) A court may order a person who is convicted of or | 464 |
|
pleads
guilty to
a violation of section 959.131 of the Revised | 465 |
|
Code
to
forfeit to an impounding agency, as defined in section | 466 |
|
959.132 of
the Revised Code, any or all of the companion animals | 467 |
|
in that
person's ownership or care. The court also may prohibit | 468 |
|
or place
limitations on the person's ability to own or care for | 469 |
|
any
companion animals for a specified or indefinite period of | 470 |
|
time. | 471 |
| Sec. 1717.06. A county humane society organized under | 495 |
|
section 1717.05 of the Revised Code may appoint agents, who are | 496 |
|
residents of the county or municipal corporation for which the | 497 |
|
appointment is made, for the purpose of prosecuting any person | 498 |
|
guilty of an act of cruelty to persons or animals. Such agents | 499 |
may arrest any person found violating
sections 1717.01 to
1717.14, | 500 |
inclusive, of the Revised Code,this chapter or any other law for | 501 |
|
protecting
persons or animals or preventing acts of cruelty | 502 |
thereto. Upon
making
suchan arrest the agent forthwith shall | 503 |
|
convey the person
arrested before some court or magistrate having | 504 |
jurisdiction of
the offense, and there make complaint against
him | 505 |
| the person on
oath or affirmation of the offense. | 506 |
| In order to qualify for appointment as a humane agent under | 513 |
|
this section, a person first shall successfully complete a | 514 |
|
minimum
of twenty hours of training on issues relating to the | 515 |
|
investigation and prosecution of cruelty to and neglect of | 516 |
|
animals. The training shall comply with rules recommended by the | 517 |
|
peace officer training commission under section 109.73 of the | 518 |
|
Revised Code and shall include, without limitation, instruction | 519 |
|
regarding animal husbandry practices as described in division | 520 |
|
(A)(12) of that section. A person who has been
appointed as a | 521 |
|
humane agent
under this section prior to the
effective date of | 522 |
|
this amendment
may continue to act as a humane
agent for a period | 523 |
|
of time on and
after the effective date of this
amendment without | 524 |
|
completing the
training. However, on or before
December 31, 2004, | 525 |
|
a person who
has been appointed as a humane
agent under this | 526 |
|
section prior to
the effective date of this
amendment shall | 527 |
|
successfully complete
the training described in this paragraph | 528 |
|
and submit
proof of its successful completion to the
appropriate | 529 |
|
appointing
mayor or probate judge in order to continue
to act as a | 530 |
|
humane
agent after December 31, 2004. | 531 |
| Sec. 2151.421. (A)(1)(a) No person described in division | 535 |
|
(A)(1)(b) of this section who is acting in an
official or | 536 |
|
professional capacity and knows or suspects that a child under | 537 |
|
eighteen years of age or a mentally
retarded, developmentally | 538 |
|
disabled, or physically impaired child under
twenty-one years of | 539 |
|
age has suffered or faces a
threat of suffering any physical or | 540 |
|
mental wound, injury,
disability, or condition of a nature that | 541 |
|
reasonably indicates
abuse or neglect of the child, shall fail to | 542 |
|
immediately report
that knowledge or suspicion to the public | 543 |
|
children services agency or a municipal or
county peace officer in | 544 |
|
the county in which the child resides or
in which the abuse or | 545 |
|
neglect is occurring or has occurred. | 546 |
| (b) Division (A)(1)(a)
of this section applies to any person | 547 |
|
who is an attorney;
physician, including a hospital intern or | 548 |
|
resident; dentist;
podiatrist; practitioner of a limited branch of | 549 |
|
medicine
as specified in section 4731.15 of the Revised
Code; | 550 |
|
registered nurse;
licensed practical nurse; visiting nurse; other | 551 |
|
health care
professional; licensed psychologist; licensed school | 552 |
|
psychologist; speech pathologist or audiologist; coroner; | 553 |
|
administrator or employee of a child day-care center; | 554 |
|
administrator or
employee of a residential camp or child day camp; | 555 |
|
administrator or employee of a certified child care agency or | 556 |
|
other public or private children services agency; school
teacher; | 557 |
|
school employee; school authority; person engaged in
social work | 558 |
|
or the practice of professional counseling;
agent of a county | 559 |
|
humane society; or a
person rendering spiritual treatment through | 560 |
|
prayer in
accordance with the tenets of a well-recognized | 561 |
|
religion. | 562 |
| (2) An attorney or a physician is not required to make a | 563 |
|
report
pursuant
to division (A)(1) of this section concerning any | 564 |
|
communication
the attorney or physician
receives from a
client or | 565 |
|
patient in an attorney-client or physician-patient
relationship, | 566 |
|
if, in accordance with division (A) or (B)
of section
2317.02 of | 567 |
|
the Revised Code, the attorney or physician could not
testify with | 568 |
|
respect to that communication in a civil or criminal proceeding, | 569 |
|
except that the client or patient is deemed to have waived any | 570 |
|
testimonial
privilege under division (A) or (B) of section 2317.02 | 571 |
|
of the
Revised
Code with respect to that communication and the | 572 |
|
attorney or physician
shall
make a report pursuant to division | 573 |
|
(A)(1) of this section with
respect to that communication, if all | 574 |
|
of the following apply: | 575 |
| (b) The attorney or physician knows or suspects, as a result | 580 |
|
of the
communication or any observations made during that | 581 |
|
communication,
that the client or patient has suffered or faces a | 582 |
|
threat of suffering
any
physical or mental wound, injury, | 583 |
|
disability, or condition of a
nature that reasonably indicates | 584 |
|
abuse or neglect of the client or
patient. | 585 |
| (B) Anyone, who knows or suspects that a child under | 590 |
|
eighteen years of age or a mentally
retarded, developmentally | 591 |
|
disabled, or physically impaired person
under twenty-one years of | 592 |
|
age has suffered or faces a
threat of suffering any physical or | 593 |
|
mental wound, injury,
disability, or other condition of a nature | 594 |
|
that reasonably
indicates abuse or neglect of the child, may | 595 |
|
report or cause
reports to be made of that knowledge or suspicion | 596 |
|
to the public
children services agency or to a municipal
or
county | 597 |
|
peace officer. | 598 |
| (E) No township, municipal, or county peace officer shall | 627 |
|
remove a child
about whom a report is made pursuant to this | 628 |
|
section from the child's parents,
stepparents, or guardian or any | 629 |
|
other persons having custody of the child
without consultation | 630 |
|
with the
public children services agency, unless,
in
the judgment | 631 |
|
of the officer, and, if the
report was made by physician, the | 632 |
|
physician,
immediate removal is considered essential to protect | 633 |
|
the child
from further abuse or neglect.
The agency that
must be | 634 |
|
consulted shall be the agency conducting the
investigation of the | 635 |
|
report as determined pursuant to section
2151.422 of the Revised | 636 |
|
Code. | 637 |
| (F)(1) Except as
provided in section 2151.422 of the Revised | 638 |
|
Code, the public
children
services agency shall investigate, | 639 |
|
within twenty-four
hours, each
report of known or suspected child | 640 |
|
abuse or child neglect and of
a known or suspected threat of child | 641 |
|
abuse or child neglect that
is referred to it under this section | 642 |
|
to determine the
circumstances surrounding the injuries, abuse, or | 643 |
|
neglect or the
threat of injury, abuse, or neglect, the cause of | 644 |
|
the injuries,
abuse, neglect, or threat, and the person or persons | 645 |
|
responsible.
The investigation shall be made in cooperation with | 646 |
|
the law
enforcement agency and in accordance with the memorandum | 647 |
|
of understanding
prepared under
division (J) of this section. A | 648 |
|
failure to make the investigation in accordance with the | 649 |
|
memorandum is
not grounds for, and shall not result in,
the | 650 |
|
dismissal of any charges or complaint arising from the report or | 651 |
|
the suppression of any evidence obtained as a result of the
report | 652 |
|
and does not give, and shall not be construed as giving,
any | 653 |
|
rights or any grounds for appeal or post-conviction relief to
any | 654 |
|
person. The public
children
services agency shall report each | 655 |
|
case to a central
registry which
the department of job and family | 656 |
|
services
shall maintain in order to
determine whether prior | 657 |
|
reports have been made in other counties
concerning the child or | 658 |
|
other principals in the case. The
public children services agency | 659 |
|
shall submit a report of its
investigation,
in writing, to the law | 660 |
|
enforcement agency. | 661 |
| (G)(1)(a) Except as provided in division (H)(3) of this | 666 |
|
section, anyone or any hospital, institution, school, health | 667 |
|
department, or agency participating in the making of reports
under | 668 |
|
division (A) of this section, anyone or any hospital,
institution, | 669 |
|
school, health department, or agency participating
in good faith | 670 |
|
in the making of reports under division (B) of this
section, and | 671 |
|
anyone participating in good faith in
a judicial
proceeding | 672 |
|
resulting from the reports, shall be immune
from any
civil or | 673 |
|
criminal liability for injury, death, or loss to
person
or | 674 |
|
property that otherwise might be incurred or imposed as
a
result | 675 |
|
of the making of the reports or the participation in the
judicial | 676 |
|
proceeding. | 677 |
| (2) In any civil or criminal action or proceeding in which | 684 |
|
it is alleged and proved that participation in the making of a | 685 |
|
report under this section was not in good faith or participation | 686 |
|
in a judicial proceeding resulting from a report made under this | 687 |
|
section was not in good faith, the court shall award the | 688 |
|
prevailing party reasonable attorney's fees and costs and, if a | 689 |
|
civil action or proceeding is voluntarily dismissed, may award | 690 |
|
reasonable attorney's fees and costs to the party against whom
the | 691 |
|
civil action or proceeding is brought. | 692 |
| (H)(1) Except as provided in divisions (H)(4),
(M), and (N) | 693 |
|
of this
section, a report made under this section is confidential. | 694 |
|
The information provided in a report made pursuant to this
section | 695 |
|
and the name of the person who made the report shall not
be | 696 |
|
released for use, and shall not be used, as evidence in any
civil | 697 |
|
action or proceeding brought against the person who made
the | 698 |
|
report. In a criminal proceeding, the report is admissible
in | 699 |
|
evidence in accordance with the Rules of Evidence and is
subject | 700 |
|
to discovery in accordance with the Rules of Criminal
Procedure. | 701 |
| (4) If a report is made pursuant to division (A) or
(B) of | 710 |
|
this section and the child who is the subject of the report
dies | 711 |
|
for any reason at any time after the report is made, but before | 712 |
|
the child
attains eighteen years of age, the public
children | 713 |
|
services agency or municipal or county peace officer to which the | 714 |
|
report was made or referred, on the request of the child fatality | 715 |
|
review
board,
shall submit a summary sheet of information | 716 |
|
providing a summary of the
report to the review board of the | 717 |
|
county in which the deceased
child resided at the time of death. | 718 |
|
On the request of the review
board, the agency or peace officer | 719 |
|
may, at its discretion, make
the report available to the review | 720 |
|
board. | 721 |
| (I) Any report that is required by this section shall
result | 729 |
|
in protective services and emergency supportive services
being | 730 |
|
made available by the public children services
agency on behalf of | 731 |
|
the children about whom
the report is made, in an effort to | 732 |
|
prevent further neglect or
abuse, to enhance their welfare, and, | 733 |
|
whenever possible, to
preserve the family unit intact.
The agency | 734 |
|
required to provide the services shall be the agency conducting | 735 |
|
the investigation of the report pursuant to section 2151.422 of | 736 |
|
the Revised
Code. | 737 |
| (2) A memorandum of understanding shall set forth the normal | 758 |
|
operating procedure to be employed by
all concerned officials in | 759 |
|
the execution of their respective
responsibilities under this | 760 |
|
section and division (C) of section
2919.21, division (B)(1) of | 761 |
|
section 2919.22, division (B) of
section 2919.23, and section | 762 |
|
2919.24 of the Revised Code and
shall have as two of its primary | 763 |
|
goals the elimination of all
unnecessary interviews of children | 764 |
|
who are the subject of reports
made pursuant to division (A) or | 765 |
|
(B) of this section and, when
feasible, providing for only one | 766 |
|
interview of a child who is the
subject of any report made | 767 |
|
pursuant to division (A) or (B) of
this section. A failure to | 768 |
|
follow the procedure set forth in the
memorandum by
the concerned | 769 |
|
officials is not grounds for, and shall not result in, the | 770 |
|
dismissal of any charges or complaint arising from any reported | 771 |
|
case of abuse or neglect or the suppression of any evidence | 772 |
|
obtained as a result of any reported child abuse or child neglect | 773 |
|
and does not give, and shall not be construed as giving, any | 774 |
|
rights or any grounds for appeal or post-conviction relief to any | 775 |
|
person. | 776 |
| (b) Standards and procedures to be used in handling and | 781 |
|
coordinating investigations of reported cases of child abuse and | 782 |
|
reported cases of child neglect, methods to be used in | 783 |
|
interviewing the child who is the subject of the report and who | 784 |
|
allegedly was abused or neglected, and standards and procedures | 785 |
|
addressing the categories of persons who may interview the child | 786 |
|
who is the subject of the report and who allegedly was abused or | 787 |
|
neglected. | 788 |
| When a municipal or county peace officer or employee of a | 810 |
|
public children services
agency
receives a report pursuant to | 811 |
|
division (A) or
(B) of this section the recipient of the report | 812 |
|
shall inform the person of the
right to request the
information | 813 |
|
described in division (K)(1) of this section. The recipient of | 814 |
|
the report shall include in the initial child abuse or child | 815 |
|
neglect
report that the person making the report was so informed | 816 |
|
and, if
provided at the time of the making of the report, shall | 817 |
|
include
the person's name, address, and telephone number in the | 818 |
|
report. | 819 |
| Each request is subject to verification of the identity of | 820 |
|
the person making
the
report. If that person's
identity is | 821 |
|
verified, the agency shall
provide the person with
the information | 822 |
|
described in division (K)(1) of this section
a reasonable number | 823 |
|
of times, except that the agency shall not disclose
any | 824 |
|
confidential information
regarding the child who is the subject of | 825 |
|
the report other than
the information described in those | 826 |
|
divisions. | 827 |
| (L) The director of job and
family services shall
adopt | 836 |
|
rules in accordance
with Chapter 119. of the Revised Code to | 837 |
|
implement this section. The department of job and family services | 838 |
|
may
enter into a
plan of cooperation with
any other governmental | 839 |
|
entity to aid in ensuring that children
are protected from abuse | 840 |
|
and neglect. The department shall make
recommendations to the | 841 |
|
attorney general that the department
determines are necessary to | 842 |
|
protect children from child abuse and
child neglect. | 843 |
| (M) No later than the end of the day
following the day on | 844 |
|
which a public children services agency
receives a report of | 845 |
|
alleged child abuse or child
neglect, or a report of an alleged | 846 |
|
threat of child abuse or child
neglect, that allegedly occurred in | 847 |
|
or involved an out-of-home
care entity, the agency shall provide | 848 |
|
written notice
of the allegations contained in and the person | 849 |
|
named as the alleged
perpetrator in the report to the | 850 |
|
administrator, director, or other chief
administrative officer of | 851 |
|
the out-of-home care entity that is the
subject of the report | 852 |
|
unless the administrator, director, or
other chief administrative | 853 |
|
officer is named as an alleged
perpetrator in the report. If the | 854 |
|
administrator, director, or
other chief administrative officer of | 855 |
|
an out-of-home care entity
is named as an alleged perpetrator in a | 856 |
|
report of alleged child
abuse or child neglect, or a report of an | 857 |
|
alleged threat of child
abuse or child neglect, that allegedly | 858 |
|
occurred in or involved
the out-of-home care entity, the agency | 859 |
|
shall provide the written notice
to
the owner or governing board | 860 |
|
of the out-of-home care entity that
is the subject of the report. | 861 |
|
The agency
shall not provide
witness statements or police or other | 862 |
|
investigative reports. | 863 |
| (N) No later than three days after the day on
which a public | 864 |
|
children services agency that
conducted the investigation as | 865 |
|
determined pursuant to section 2151.422
of the Revised Code makes | 866 |
|
a
disposition of an investigation involving a report of alleged | 867 |
|
child abuse or child neglect, or a report of an alleged threat of | 868 |
|
child abuse or child neglect, that allegedly occurred in or | 869 |
|
involved an out-of-home care entity, the
agency
shall send written | 870 |
|
notice of the disposition of the
investigation to the | 871 |
|
administrator, director, or other chief
administrative officer and | 872 |
|
the owner or governing board of the
out-of-home care entity. The | 873 |
|
agency shall
not provide witness
statements or police or other | 874 |
|
investigative reports. | 875 |