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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 certain sexually | 4 |
oriented offenders or child-victim offenders to | 5 |
reside in the same residence as that child. | 6 |
Section 1. That section 2151.03 of the Revised Code be | 7 |
amended to read as follows: | 8 |
Sec. 2151.03. (A) As used in this chapter, "neglected child" | 9 |
includes any child: | 10 |
(1) Who is abandoned by the child's parents, guardian, or | 11 |
custodian; | 12 |
(2) Who lacks adequate parental care because of the faults or | 13 |
habits of the child's parents, guardian, or custodian; | 14 |
(3) Whose parents, guardian, or custodian neglects the child | 15 |
or refuses to provide proper or necessary subsistence, education, | 16 |
medical or surgical care or treatment, or other care necessary for | 17 |
the child's health, morals, or well being; | 18 |
(4) Whose parents, guardian, or custodian neglects the child | 19 |
or refuses to provide the special care made necessary by the | 20 |
child's mental condition; | 21 |
(5) Whose parents, legal guardian, or custodian | 22 |
placed or attempted to place the child in violation of sections | 23 |
5103.16 and 5103.17 of the Revised Code; | 24 |
(6) Who, because of the omission of the child's parents, | 25 |
guardian, or custodian, suffers physical or mental injury that | 26 |
harms or threatens to harm the child's health or welfare; | 27 |
(7) Who is subjected to out-of-home care child neglect; | 28 |
(8) Whose parents, guardian, or custodian knowingly allows | 29 |
any of the following persons to reside in the same residence as | 30 |
the child: | 31 |
(a) A person who is a habitual sex offender, sexual predator, | 32 |
habitual child-victim offender, or child-victim predator, as | 33 |
defined in section 2950.01 of the Revised Code, and who is not a | 34 |
juvenile; | 35 |
(b) A person who was convicted of or pleaded guilty to an | 36 |
aggravated sexually oriented offense, as defined in section | 37 |
2950.01 of the Revised Code, and who is not a juvenile; | 38 |
(c) A person who has been convicted of or has pleaded guilty | 39 |
to a sexually oriented or child-victim oriented offense, as | 40 |
defined in section 2950.01 of the Revised Code, who is not | 41 |
described in division (A)(8)(a) or (A)(8)(b) of this section, and | 42 |
who is not a juvenile, but who is subject to one of the following | 43 |
imposed for that offense: | 44 |
(i) A jail or prison term; | 45 |
(ii) A community control sanction, as defined in section | 46 |
2929.01 of the Revised Code, other than one imposed under section | 47 |
2929.18 or 2929.28 of the Revised Code; | 48 |
(iii) A period of post-release control; | 49 |
(iv) A community control sanction imposed after a judicial | 50 |
release; | 51 |
(v) Parole or another type of early release from confinement. | 52 |
(B) Nothing in this chapter shall be construed as subjecting | 53 |
a parent, guardian, or custodian of a child to criminal liability | 54 |
when, solely in the practice of religious beliefs, the parent, | 55 |
guardian, or custodian fails to provide adequate medical or | 56 |
surgical care or treatment for the child. This division does not | 57 |
abrogate or limit any person's responsibility under section | 58 |
2151.421 of the Revised Code to report child abuse that is known | 59 |
or reasonably suspected or believed to have occurred, child | 60 |
neglect that is known or reasonably suspected or believed to have | 61 |
occurred, and children who are known to face or are reasonably | 62 |
suspected or believed to be facing a threat of suffering abuse or | 63 |
neglect and does not preclude any exercise of the authority of the | 64 |
state, any political subdivision, or any court to ensure that | 65 |
medical or surgical care or treatment is provided to a child when | 66 |
the child's health requires the provision of medical or surgical | 67 |
care or treatment. | 68 |
Section 2. That existing section 2151.03 of the Revised Code | 69 |
is hereby repealed. | 70 |