As Introduced

125th General Assembly Regular Session 2003-2004

S. B. No. 66

Senators Schuring, Stivers, Jacobson, Dann, Fedor, Miller, Brady 

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A BILL

To amend section 2151.421 and to enact sections

1

2151.425, 2151.426, 2151.427, and 2151.428 of the

2

Revised Code to permit counties to establish

3

Children's Advocacy Centers to review and assess,

4

and to assist public children services agencies

5

with, investigations of reports of child sexual

6

abuse or severe physical abuse of a child.

7

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 2151.421 be amended and sections	8
2151.425, 2151.426, 2151.427, and 2151.428 of the Revised Code be	9
enacted to read as follows:	10

Sec. 2151.421.  (A)(1)(a) No person described in division	11
(A)(1)(b) of this section who is acting in an official or	12
professional capacity and knows or suspects that a child under	13
eighteen years of age or a mentally retarded, developmentally	14
disabled, or physically impaired child under twenty-one years of	15
age has suffered or faces a threat of suffering any physical or	16
mental wound, injury, disability, or condition of a nature that	17
reasonably indicates abuse or neglect of the child, shall fail to	18
immediately report that knowledge or suspicion to the entity or	19
persons specified in this division. Except as provided in section	20
5120.173 of the Revised Code, the person making the report shall	21
make it to the public children services agency or a municipal or	22
county peace officer in the county in which the child resides or	23
in which the abuse or neglect is occurring or has occurred. In the	24
circumstances described in section 5120.173 of the Revised Code,	25
the person making the report shall make it to the entity specified	26
in that section.	27

(b) Division (A)(1)(a) of this section applies to any person	28
who is an attorney; physician, including a hospital intern or	29
resident; dentist; podiatrist; practitioner of a limited branch of	30
medicine as specified in section 4731.15 of the Revised Code;	31
registered nurse; licensed practical nurse; visiting nurse; other	32
health care professional; licensed psychologist; licensed school	33
psychologist; independent marriage and family therapist or	34
marriage and family therapist; speech pathologist or audiologist;	35
coroner; administrator or employee of a child day-care center;	36
administrator or employee of a residential camp or child day camp;	37
administrator or employee of a certified child care agency or	38
other public or private children services agency; school teacher;	39
school employee; school authority; person engaged in social work	40
or the practice of professional counseling; agent of a county	41
humane society; or a person rendering spiritual treatment through	42
prayer in accordance with the tenets of a well-recognized	43
religion.	44

(2) An attorney or a physician is not required to make a	45
report pursuant to division (A)(1) of this section concerning any	46
communication the attorney or physician receives from a client or	47
patient in an attorney-client or physician-patient relationship,	48
if, in accordance with division (A) or (B) of section 2317.02 of	49
the Revised Code, the attorney or physician could not testify with	50
respect to that communication in a civil or criminal proceeding,	51
except that the client or patient is deemed to have waived any	52
testimonial privilege under division (A) or (B) of section 2317.02	53
of the Revised Code with respect to that communication and the	54
attorney or physician shall make a report pursuant to division	55
(A)(1) of this section with respect to that communication, if all	56
of the following apply:	57

(a) The client or patient, at the time of the communication,	58
is either a child under eighteen years of age or a mentally	59
retarded, developmentally disabled, or physically impaired person	60
under twenty-one years of age.	61

(b) The attorney or physician knows or suspects, as a result	62
of the communication or any observations made during that	63
communication, that the client or patient has suffered or faces a	64
threat of suffering any physical or mental wound, injury,	65
disability, or condition of a nature that reasonably indicates	66
abuse or neglect of the client or patient.	67

(c) The attorney-client or physician-patient relationship	68
does not arise out of the client's or patient's attempt to have an	69
abortion without the notification of her parents, guardian, or	70
custodian in accordance with section 2151.85 of the Revised Code.	71

(B) Anyone, who knows or suspects that a child under eighteen	72
years of age or a mentally retarded, developmentally disabled, or	73
physically impaired person under twenty-one years of age has	74
suffered or faces a threat of suffering any physical or mental	75
wound, injury, disability, or other condition of a nature that	76
reasonably indicates abuse or neglect of the child may report or	77
cause reports to be made of that knowledge or suspicion to the	78
entity or persons specified in this division. Except as provided	79
in section 5120.173 of the Revised Code, a person making a report	80
or causing a report to be made under this division shall make it	81
or cause it to be made to the public children services agency or	82
to a municipal or county peace officer. In the circumstances	83
described in section 5120.173 of the Revised Code, a person making	84
a report or causing a report to be made under this division shall	85
make it or cause it to be made to the entity specified in that	86
section.	87

(C) Any report made pursuant to division (A) or (B) of this	88
section shall be made forthwith either by telephone or in person	89
and shall be followed by a written report, if requested by the	90
receiving agency or officer. The written report shall contain:	91

(1) The names and addresses of the child and the child's	92
parents or the person or persons having custody of the child, if	93
known;	94

(2) The child's age and the nature and extent of the child's	95
known or suspected injuries, abuse, or neglect or of the known or	96
suspected threat of injury, abuse, or neglect, including any	97
evidence of previous injuries, abuse, or neglect;	98

(3) Any other information that might be helpful in	99
establishing the cause of the known or suspected injury, abuse, or	100
neglect or of the known or suspected threat of injury, abuse, or	101
neglect.	102

Any person, who is required by division (A) of this section	103
to report known or suspected child abuse or child neglect, may	104
take or cause to be taken color photographs of areas of trauma	105
visible on a child and, if medically indicated, cause to be	106
performed radiological examinations of the child.	107

(D)(1)As used in this division, "children's advocacy	108
center," "severe physical abuse of a child," and "sexual abuse of	109
a child" have the same meanings as in section 2151.425 of the	110
Revised Code.	111

(1) When a municipal or county peace officer receives a	112
report concerning the possible abuse or neglect of a child or the	113
possible threat of abuse or neglect of a child, upon receipt of	114
the report, the municipal or county peace officer who receives the	115
report shall refer the report to the appropriate public children	116
services agency.	117

(2) When a public children services agency receives a report	118
pursuant to this division or division (A) or (B) of this section,	119
upon receipt of the report, the public children services agency	120
shall complydo both of the following:	121

(a) Comply with section 2151.422 of the Revised Code;

122

(b) If the report alleges severe physical abuse of a child or	123
sexual abuse of a child and the county served by the agency is	124
also served by a children's advocacy center, refer the report to	125
the center.	126

(E) No township, municipal, or county peace officer shall	127
remove a child about whom a report is made pursuant to this	128
section from the child's parents, stepparents, or guardian or any	129
other persons having custody of the child without consultation	130
with the public children services agency, unless, in the judgment	131
of the officer, and, if the report was made by physician, the	132
physician, immediate removal is considered essential to protect	133
the child from further abuse or neglect. The agency that must be	134
consulted shall be the agency conducting the investigation of the	135
report as determined pursuant to section 2151.422 of the Revised	136
Code.	137

(F)(1) Except as provided in sectionsections 2151.422 and	138
2151.428 of the Revised Code, the public children services agency	139
shall investigate, within twenty-four hours, each report of known	140
or suspected child abuse or child neglect and of a known or	141
suspected threat of child abuse or child neglect that is referred	142
to it under this section to determine the circumstances	143
surrounding the injuries, abuse, or neglect or the threat of	144
injury, abuse, or neglect, the cause of the injuries, abuse,	145
neglect, or threat, and the person or persons responsible. The	146
investigation shall be made in cooperation with the law	147
enforcement agency and in accordance with the memorandum of	148
understanding prepared under division (J) of this section. A	149
failure to make the investigation in accordance with the	150
memorandum is not grounds for, and shall not result in, the	151
dismissal of any charges or complaint arising from the report or	152
the suppression of any evidence obtained as a result of the report	153
and does not give, and shall not be construed as giving, any	154
rights or any grounds for appeal or post-conviction relief to any	155
person. The public children services agency shall report each case	156
to a central registry which the department of job and family	157
services shall maintain in order to determine whether prior	158
reports have been made in other counties concerning the child or	159
other principals in the case. The public children services agency	160
shall submit a report of its investigation, in writing, to the law	161
enforcement agency.	162

(2) The public children services agency shall make any	163
recommendations to the county prosecuting attorney or city	164
director of law that it considers necessary to protect any	165
children that are brought to its attention.	166

(G)(1)(a) Except as provided in division (H)(3) of this	167
section, anyone or any hospital, institution, school, health	168
department, or agency participating in the making of reports under	169
division (A) of this section, anyone or any hospital, institution,	170
school, health department, or agency participating in good faith	171
in the making of reports under division (B) of this section, and	172
anyone participating in good faith in a judicial proceeding	173
resulting from the reports, shall be immune from any civil or	174
criminal liability for injury, death, or loss to person or	175
property that otherwise might be incurred or imposed as a result	176
of the making of the reports or the participation in the judicial	177
proceeding.	178

(b) Notwithstanding section 4731.22 of the Revised Code, the	179
physician-patient privilege shall not be a ground for excluding	180
evidence regarding a child's injuries, abuse, or neglect, or the	181
cause of the injuries, abuse, or neglect in any judicial	182
proceeding resulting from a report submitted pursuant to this	183
section.	184

(2) In any civil or criminal action or proceeding in which it	185
is alleged and proved that participation in the making of a report	186
under this section was not in good faith or participation in a	187
judicial proceeding resulting from a report made under this	188
section was not in good faith, the court shall award the	189
prevailing party reasonable attorney's fees and costs and, if a	190
civil action or proceeding is voluntarily dismissed, may award	191
reasonable attorney's fees and costs to the party against whom the	192
civil action or proceeding is brought.	193

(H)(1) Except as provided in divisions (H)(4), (M), and (N)	194
of this section, a report made under this section is confidential.	195
The information provided in a report made pursuant to this section	196
and the name of the person who made the report shall not be	197
released for use, and shall not be used, as evidence in any civil	198
action or proceeding brought against the person who made the	199
report. In a criminal proceeding, the report is admissible in	200
evidence in accordance with the Rules of Evidence and is subject	201
to discovery in accordance with the Rules of Criminal Procedure.	202

(2) No person shall permit or encourage the unauthorized	203
dissemination of the contents of any report made under this	204
section.	205

(3) A person who knowingly makes or causes another person to	206
make a false report under division (B) of this section that	207
alleges that any person has committed an act or omission that	208
resulted in a child being an abused child or a neglected child is	209
guilty of a violation of section 2921.14 of the Revised Code.	210

(4) If a report is made pursuant to division (A) or (B) of	211
this section and the child who is the subject of the report dies	212
for any reason at any time after the report is made, but before	213
the child attains eighteen years of age, the public children	214
services agency, child advocacy center, or municipal or county	215
peace officer to which the report was made or referred, on the	216
request of the child fatality review board, shall submit a summary	217
sheet of information providing a summary of the report to the	218
review board of the county in which the deceased child resided at	219
the time of death. On the request of the review board, the agency,	220
center, or peace officer may, at its discretion, make the report	221
available to the review board.	222

(5) A public children services agency shall advise a person	223
alleged to have inflicted abuse or neglect on a child who is the	224
subject of a report made pursuant to this section, including a	225
report referred to a children's advocacy center under this	226
section, in writing of the disposition of the investigation. The	227
agency shall not provide to the person any information that	228
identifies the person who made the report, statements of	229
witnesses, or police or other investigative reports.	230

(I) Any report that is required by this section, other than a	231
report that is made to the state highway patrol as described in	232
section 5120.173 of the Revised Code, shall result in protective	233
services and emergency supportive services being made available by	234
the public children services agency on behalf of the children	235
about whom the report is made, in an effort to prevent further	236
neglect or abuse, to enhance their welfare, and, whenever	237
possible, to preserve the family unit intact. The agency required	238
to provide the services shall be the agency conducting the	239
investigation of the report pursuant to section 2151.422 of the	240
Revised Code.	241

(J)(1) Each public children services agency shall prepare a	242
memorandum of understanding that is signed by all of the	243
following:	244

(a) If there is only one juvenile judge in the county, the	245
juvenile judge of the county or the juvenile judge's	246
representative;	247

(b) If there is more than one juvenile judge in the county, a	248
juvenile judge or the juvenile judges' representative selected by	249
the juvenile judges or, if they are unable to do so for any	250
reason, the juvenile judge who is senior in point of service or	251
the senior juvenile judge's representative;	252

(c) The county peace officer;

253

(d) All chief municipal peace officers within the county;

254

(e) Other law enforcement officers handling child abuse and	255
neglect cases in the county;	256

(f) The prosecuting attorney of the county;

257

(g) If the public children services agency is not the county	258
department of job and family services, the county department of	259
job and family services;	260

(h) The county humane society;

261

(i) If a public children services agency participated in the	262
execution of a memorandum of understanding under section 2151.426	263
of the Revised Code, each participating member of the children's	264
advocacy center established by the memorandum.	265

(2) A memorandum of understanding shall set forth the normal	266
operating procedure to be employed by all concerned officials in	267
the execution of their respective responsibilities under this	268
section and division (C) of section 2919.21, division (B)(1) of	269
section 2919.22, division (B) of section 2919.23, and section	270
2919.24 of the Revised Code and shall have as two of its primary	271
goals the elimination of all unnecessary interviews of children	272
who are the subject of reports made pursuant to division (A) or	273
(B) of this section and, when feasible, providing for only one	274
interview of a child who is the subject of any report made	275
pursuant to division (A) or (B) of this section. A failure to	276
follow the procedure set forth in the memorandum by the concerned	277
officials is not grounds for, and shall not result in, the	278
dismissal of any charges or complaint arising from any reported	279
case of abuse or neglect or the suppression of any evidence	280
obtained as a result of any reported child abuse or child neglect	281
and does not give, and shall not be construed as giving, any	282
rights or any grounds for appeal or post-conviction relief to any	283
person.	284

(3) A memorandum of understanding shall include all of the	285
following:	286

(a) The roles and responsibilities for handling emergency and	287
nonemergency cases of abuse and neglect;	288

(b) Standards and procedures to be used in handling and	289
coordinating investigations of reported cases of child abuse and	290
reported cases of child neglect, methods to be used in	291
interviewing the child who is the subject of the report and who	292
allegedly was abused or neglected, and standards and procedures	293
addressing the categories of persons who may interview the child	294
who is the subject of the report and who allegedly was abused or	295
neglected.	296

(4) If a public children services agency participated in the	297
execution of a memorandum of understanding under section 2151.426	298
of the Revised Code, the agency shall incorporate the contents of	299
that memorandum in the memorandum prepared pursuant to this	300
section.	301

(K)(1) Except as provided in division (K)(4) of this section,	302
a person who is required to make a report pursuant to division (A)	303
of this section may make a reasonable number of requests of the	304
public children services agency or children's advocacy center that	305
receives or is referred the report to be provided with the	306
following information:	307

(a) Whether the agency or center has initiated an	308
investigation of the report;	309

(b) Whether the agency or center is continuing to investigate	310
the report;	311

(c) Whether the agency or center is otherwise involved with	312
the child who is the subject of the report;	313

(d) The general status of the health and safety of the child	314
who is the subject of the report;	315

(e) Whether the report has resulted in the filing of a	316
complaint in juvenile court or of criminal charges in another	317
court.	318

(2) A person may request the information specified in	319
division (K)(1) of this section only if, at the time the report is	320
made, the person's name, address, and telephone number are	321
provided to the person who receives the report.	322

When a municipal or county peace officer or employee of a	323
public children services agency receives a report pursuant to	324
division (A) or (B) of this section the recipient of the report	325
shall inform the person of the right to request the information	326
described in division (K)(1) of this section. The recipient of the	327
report shall include in the initial child abuse or child neglect	328
report that the person making the report was so informed and, if	329
provided at the time of the making of the report, shall include	330
the person's name, address, and telephone number in the report.	331

Each request is subject to verification of the identity of	332
the person making the report. If that person's identity is	333
verified, the agency shall provide the person with the information	334
described in division (K)(1) of this section a reasonable number	335
of times, except that the agency shall not disclose any	336
confidential information regarding the child who is the subject of	337
the report other than the information described in those	338
divisions.	339

(3) A request made pursuant to division (K)(1) of this	340
section is not a substitute for any report required to be made	341
pursuant to division (A) of this section.	342

(4) If an agency other than the agency that received or was	343
referred the report is conducting the investigation of the report	344
pursuant to section 2151.422 of the Revised Code, the agency	345
conducting the investigation shall comply with the requirements of	346
division (K) of this section.	347

(L) The director of job and family services shall adopt rules	348
in accordance with Chapter 119. of the Revised Code to implement	349
this section. The department of job and family services may enter	350
into a plan of cooperation with any other governmental entity to	351
aid in ensuring that children are protected from abuse and	352
neglect. The department shall make recommendations to the attorney	353
general that the department determines are necessary to protect	354
children from child abuse and child neglect.	355

(M) No later than the end of the day following the day on	356
which a public children services agency receives a report of	357
alleged child abuse or child neglect, or a report of an alleged	358
threat of child abuse or child neglect, that allegedly occurred in	359
or involved an out-of-home care entity, the agency shall provide	360
written notice of the allegations contained in and the person	361
named as the alleged perpetrator in the report to the	362
administrator, director, or other chief administrative officer of	363
the out-of-home care entity that is the subject of the report	364
unless the administrator, director, or other chief administrative	365
officer is named as an alleged perpetrator in the report. If the	366
administrator, director, or other chief administrative officer of	367
an out-of-home care entity is named as an alleged perpetrator in a	368
report of alleged child abuse or child neglect, or a report of an	369
alleged threat of child abuse or child neglect, that allegedly	370
occurred in or involved the out-of-home care entity, the agency	371
shall provide the written notice to the owner or governing board	372
of the out-of-home care entity that is the subject of the report.	373
The agency shall not provide witness statements or police or other	374
investigative reports.	375

(N) No later than three days after the day on which a public	376
children services agency that conducted the investigation as	377
determined pursuant to section 2151.422 of the Revised Code makes	378
a disposition of an investigation involving a report of alleged	379
child abuse or child neglect, or a report of an alleged threat of	380
child abuse or child neglect, that allegedly occurred in or	381
involved an out-of-home care entity, the agency shall send written	382
notice of the disposition of the investigation to the	383
administrator, director, or other chief administrative officer and	384
the owner or governing board of the out-of-home care entity. The	385
agency shall not provide witness statements or police or other	386
investigative reports.	387

Sec. 2151.425. As used in sections 2151.426 to 2151.428 of	388
the Revised Code:	389

(A) "Children's advocacy center" means a center operated by	390
participating entities within a county or two or more contiguous	391
counties to receive, investigate, and provide victim services to	392
children who are the subjects of reports of alleged severe	393
physical abuse and alleged sexual abuse.	394

(B) "Severe physical abuse of a child" means any of the	395
following committed against a person under eighteen years of age	396
or a mentally retarded, developmentally disabled, or physically	397
impaired person under twenty-one years of age:	398

(1) Any action that causes a mental illness or condition of	399
such gravity as would normally require hospitalization or	400
prolonged psychiatric treatment;	401

(2) Any physical harm that carries a substantial risk of	402
death;	403

(3) Any physical harm that involves some permanent	404
incapacity, whether partial or total, or involves some temporary,	405
substantial incapacity;	406

(4) Any physical harm that involves some permanent	407
disfigurement or some temporary, serious disfigurement;	408

(5) Any physical harm that involves acute pain of such	409
duration as to result in substantial suffering or involves any	410
degree of prolonged or intractable pain.	411

(C) "Sexual abuse of a child" means unlawful sexual conduct	412
or sexual contact, as those terms are defined in section 2907.01	413
of the Revised Code, with a person under eighteen years of age or	414
a mentally retarded, developmentally disabled, or physically	415
impaired person under twenty-one years of age.	416

Sec. 2151.426. (A)(1) A children's advocacy center may be	417
established to serve a single county by execution of a memorandum	418
of understanding regarding their participation in the operation of	419
the center by the following entities in the county to be served by	420
the center:	421

(a) The public children services agency;

422

(b) Representatives of county and municipal law enforcement	423
agencies serving the county that investigate severe physical abuse	424
of children and sexual abuse of children;	425

(c) The county prosecuting attorney or a city attorney who	426
prosecutes severe physical abuse of children and sexual abuse of	427
children in the area to be served by the center;	428

(d) Any other entity considered appropriate by all of the	429
other entities executing the memorandum.	430

(2) A center may be established to serve two or more	431
contiguous counties if a memorandum of understanding regarding	432
their participation in the operation of the center is executed by	433
the entities described in division (A)(1) of this section in each	434
county to be served by the center.	435

(B) Each entity that participates in the execution of a	436
memorandum of understanding under this section shall cooperate in	437
all of the following:	438

(1) Developing a multidisciplinary team pursuant to section	439
2151.427 of the Revised Code to investigate reports of alleged	440
severe physical abuse of a child and reports of alleged sexual	441
abuse of a child;	442

(2) Participating in the operation of the center in	443
compliance with standards for full membership established by the	444
national children's alliance;	445

(3) Employing the center's staff.

446

(C) A center shall do both of the following:

447

(1) Operate in accordance with sections 2151.427 and 2151.428	448
of the Revised Code and the standards for full membership	449
established by the national children's alliance;	450

(2) Register annually with the attorney general.

451

Sec. 2151.427.  (A) The entities that participate in a	452
memorandum of understanding executed under section 2151.426 of the	453
Revised Code shall assemble the children's advocacy center's	454
multidisciplinary team.	455

(B)(1) The multidisciplinary team for a single county center	456
shall consist of the following members who serve the county:	457

(a) A law enforcement officer;

458

(b) The executive director of the public children services	459
agency or a designee of the executive director;	460

(c) A county prosecuting attorney or prosecuting attorney's	461
designee;	462

(d) A mental health professional;

463

(e) A medical health professional;

464

(f) A victim advocate;

465

(g) A center staff member;

466

(h) Any other person considered appropriate by all of the	467
entities that executed the memorandum.	468

(2) If the center serves two or more contiguous counties, the	469
multidisciplinary team shall consist of the members described in	470
division (B)(1) of this section from each county to be served by	471
the center.	472

(C) The multidisciplinary team shall do all of the following:

473

(1) Receive reports of alleged severe physical abuse of	474
children and alleged sexual abuse of children referred by a public	475
children services agency under section 2151.421 of the Revised	476
Code;	477

(2) Investigate and provide victim services for each case	478
considered by the team;	479

(3) Review new and pending cases of severe physical abuse of	480
a child and sexual abuse of a child it receives from public	481
children services agencies;	482

(4) Provide a report of each case it receives to the central	483
registry maintained by the department of job and family services	484
pursuant to section 2151.421 of the Revised Code.	485

Sec. 2151.428. (A) A children's advocacy center's	486
multidisciplinary team, with the assistance of the agency, shall	487
investigate within twenty-four hours each report referred to it by	488
a public children services agency to determine the circumstances	489
surrounding the injuries or abuse, the cause of the injuries or	490
abuse, and the person or persons responsible. The investigation	491
shall be made in cooperation with each member of the	492
multidisciplinary team and in accordance with the memorandum of	493
understanding executed under section 2151.426 of the Revised Code.	494
A failure to make the investigation in accordance with the	495
memorandum is not grounds for, and shall not result in, the	496
dismissal of any charges or complaint arising from the report or	497
the suppression of any evidence obtained as a result of the report	498
and does not give, and shall not be construed as giving, any	499
rights or grounds for appeal or post-conviction relief to any	500
person.	501

(B) The multidisciplinary team shall submit a written report	502
of its investigation to the law enforcement agency with	503
jurisdiction over the case.	504

(C) Nothing in this section, section 2151.421, or sections	505
2151.425 to 2151.427 of the Revised Code pertaining to the	506
operation of a children's advocacy center shall relieve any public	507
official or agency from any legal obligation or responsibility.	508

Section 2. That existing section 2151.421 of the Revised Code	509
is hereby repealed.	510

Section 3.  Section 2151.421 of the Revised Code is presented	511
in this act as a composite of the section as amended by Am. Sub.	512
H.B. 374, Sub. H.B. 510, and Am. Sub. S.B. 221 all of the 124th	513
General Assembly. The General Assembly, applying the principle	514
stated in division (B) of section 1.52 of the Revised Code that	515
amendments are to be harmonized if reasonably capable of	516
simultaneous operation, finds that the composite is the resulting	517
version of the section in effect prior to the effective date of	518
the section as presented in this act.	519