H. B. No. 111 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

H. B. No. 111

Representative Collier

Cosponsors: Representatives Patton, McGregor, J.

A BILL

To amend section 2151.03 of the Revised Code to 1
expand the definition of neglected child to 2
include a child whose parent, guardian, or 3
custodian knowingly allows a sexually oriented 4
offender or juvenile delinquent who committed a 5
sexually oriented offense to reside in the same 6
residence as that child. 7

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

       Section 1. That section 2151.03 of the Revised Code be 8
amended to read as follows: 9

       Sec. 2151.03. (A) As used in this chapter, "neglected child" 10
includes any child: 11

       (1) Who is abandoned by the child's parents, guardian, or 12
custodian; 13

       (2) Who lacks adequate parental care because of the faults or 14
habits of the child's parents, guardian, or custodian; 15

       (3) Whose parents, guardian, or custodian neglects the child 16
or refuses to provide proper or necessary subsistence, education, 17
medical or surgical care or treatment, or other care necessary for 18
the child's health, morals, or well being; 19

       (4) Whose parents, guardian, or custodian neglects the child 20
or refuses to provide the special care made necessary by the 21
child's mental condition; 22

       (5) Whose parents, legal guardian, or custodian ~~have~~has 23
placed or attempted to place the child in violation of sections 24
5103.16 and 5103.17 of the Revised Code; 25

       (6) Who, because of the omission of the child's parents, 26
guardian, or custodian, suffers physical or mental injury that 27
harms or threatens to harm the child's health or welfare; 28

       (7) Who is subjected to out-of-home care child neglect; 29

       (8) Whose parents, guardian, or custodian knowingly allows a 30
person who has been convicted of, has pleaded guilty to, or has 31
been adjudicated a delinquent child for, committing a sexually 32
oriented offense, as defined in section 2950.01 of the Revised 33
Code, to reside in the same residence as the child. 34

       (B) Nothing in this chapter shall be construed as subjecting 35
a parent, guardian, or custodian of a child to criminal liability 36
when, solely in the practice of religious beliefs, the parent, 37
guardian, or custodian fails to provide adequate medical or 38
surgical care or treatment for the child. This division does not 39
abrogate or limit any person's responsibility under section 40
2151.421 of the Revised Code to report child abuse that is known 41
or reasonably suspected or believed to have occurred, child 42
neglect that is known or reasonably suspected or believed to have 43
occurred, and children who are known to face or are reasonably 44
suspected or believed to be facing a threat of suffering abuse or 45
neglect and does not preclude any exercise of the authority of the 46
state, any political subdivision, or any court to ensure that 47
medical or surgical care or treatment is provided to a child when 48
the child's health requires the provision of medical or surgical 49
care or treatment. 50

       Section 2. That existing section 2151.03 of the Revised Code 51
is hereby repealed. 52

Section 1. That section 2151.03 of the Revised Code be	8
amended to read as follows:	9

Sec. 2151.03. (A) As used in this chapter, "neglected child"	10
includes any child:	11

(1) Who is abandoned by the child's parents, guardian, or	12
custodian;	13

(2) Who lacks adequate parental care because of the faults or	14
habits of the child's parents, guardian, or custodian;	15

(3) Whose parents, guardian, or custodian neglects the child	16
or refuses to provide proper or necessary subsistence, education,	17
medical or surgical care or treatment, or other care necessary for	18
the child's health, morals, or well being;	19

(4) Whose parents, guardian, or custodian neglects the child	20
or refuses to provide the special care made necessary by the	21
child's mental condition;	22

(5) Whose parents, legal guardian, or custodian ~~have~~has	23
placed or attempted to place the child in violation of sections	24
5103.16 and 5103.17 of the Revised Code;	25

(6) Who, because of the omission of the child's parents,	26
guardian, or custodian, suffers physical or mental injury that	27
harms or threatens to harm the child's health or welfare;	28

(8) Whose parents, guardian, or custodian knowingly allows a	30
person who has been convicted of, has pleaded guilty to, or has	31
been adjudicated a delinquent child for, committing a sexually	32
oriented offense, as defined in section 2950.01 of the Revised	33
Code, to reside in the same residence as the child.	34

(B) Nothing in this chapter shall be construed as subjecting	35
a parent, guardian, or custodian of a child to criminal liability	36
when, solely in the practice of religious beliefs, the parent,	37
guardian, or custodian fails to provide adequate medical or	38
surgical care or treatment for the child. This division does not	39
abrogate or limit any person's responsibility under section	40
2151.421 of the Revised Code to report child abuse that is known	41
or reasonably suspected or believed to have occurred, child	42
neglect that is known or reasonably suspected or believed to have	43
occurred, and children who are known to face or are reasonably	44
suspected or believed to be facing a threat of suffering abuse or	45
neglect and does not preclude any exercise of the authority of the	46
state, any political subdivision, or any court to ensure that	47
medical or surgical care or treatment is provided to a child when	48
the child's health requires the provision of medical or surgical	49
care or treatment.	50

Section 2. That existing section 2151.03 of the Revised Code	51
is hereby repealed.	52