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| To amend sections 2151.011, 2151.421, and 5103.02 and | 1 |
| to enact sections 3701.90, 3701.901, and 3701.902 | 2 |
| of the Revised Code regarding the regulation of | 3 |
| therapeutic wilderness camps. | 4 |
| Section 1. That sections 2151.011, 2151.421, and 5103.02 be | 5 |
| amended and sections 3701.90, 3701.901, and 3701.902 of the | 6 |
| Revised Code be enacted to read as follows: | 7 |
| Sec. 2151.011. (A) As used in the Revised Code: | 8 |
| (1) "Juvenile court" means whichever of the following is | 9 |
| applicable that has jurisdiction under this chapter and Chapter | 10 |
| 2152. of the Revised Code: | 11 |
| (a) The division of the court of common pleas specified in | 12 |
| section 2101.022 or 2301.03 of the Revised Code as having | 13 |
| jurisdiction under this chapter and Chapter 2152. of the Revised | 14 |
| Code or as being the juvenile division or the juvenile division | 15 |
| combined with one or more other divisions; | 16 |
| (b) The juvenile court of Cuyahoga county or Hamilton county | 17 |
| that is separately and independently created by section 2151.08 or | 18 |
| Chapter 2153. of the Revised Code and that has jurisdiction under | 19 |
| this chapter and Chapter 2152. of the Revised Code; | 20 |
| (c) If division (A)(1)(a) or (b) of this section does not | 21 |
| apply, the probate division of the court of common pleas. | 22 |
| (2) "Juvenile judge" means a judge of a court having | 23 |
| jurisdiction under this chapter. | 24 |
| (3) "Private child placing agency" means any association, as | 25 |
| defined in section 5103.02 of the Revised Code, that is certified | 26 |
| under section 5103.03 of the Revised Code to accept temporary, | 27 |
| permanent, or legal custody of children and place the children for | 28 |
| either foster care or adoption. | 29 |
| (4) "Private noncustodial agency" means any person, | 30 |
| organization, association, or society certified by the department | 31 |
| of job and family services that does not accept temporary or | 32 |
| permanent legal custody of children, that is privately operated in | 33 |
| this state, and that does one or more of the following: | 34 |
| (a) Receives and cares for children for two or more | 35 |
| consecutive weeks; | 36 |
| (b) Participates in the placement of children in certified | 37 |
| foster homes; | 38 |
| (c) Provides adoption services in conjunction with a public | 39 |
| children services agency or private child placing agency. | 40 |
| (B) As used in this chapter: | 41 |
| (1) "Adequate parental care" means the provision by a child's | 42 |
| parent or parents, guardian, or custodian of adequate food, | 43 |
| clothing, and shelter to ensure the child's health and physical | 44 |
| safety and the provision by a child's parent or parents of | 45 |
| specialized services warranted by the child's physical or mental | 46 |
| needs. | 47 |
| (2) "Adult" means an individual who is eighteen years of age | 48 |
| or older. | 49 |
| (3) "Agreement for temporary custody" means a voluntary | 50 |
| agreement authorized by section 5103.15 of the Revised Code that | 51 |
| transfers the temporary custody of a child to a public children | 52 |
| services agency or a private child placing agency. | 53 |
| (4) "Alternative response" means the public children services | 54 |
| agency's response to a report of child abuse or neglect that | 55 |
| engages the family in a comprehensive evaluation of child safety, | 56 |
| risk of subsequent harm, and family strengths and needs and that | 57 |
| does not include a determination as to whether child abuse or | 58 |
| neglect occurred. | 59 |
| (5) "Certified foster home" means a foster home, as defined | 60 |
| in section 5103.02 of the Revised Code, certified under section | 61 |
| 5103.03 of the Revised Code. | 62 |
| (6) "Child" means a person who is under eighteen years of | 63 |
| age, except that the juvenile court has jurisdiction over any | 64 |
| person who is adjudicated an unruly child prior to attaining | 65 |
| eighteen years of age until the person attains twenty-one years of | 66 |
| age, and, for purposes of that jurisdiction related to that | 67 |
| adjudication, a person who is so adjudicated an unruly child shall | 68 |
| be deemed a "child" until the person attains twenty-one years of | 69 |
| age. | 70 |
| (7) "Child day camp," "child care," "child day-care center," | 71 |
| "part-time child day-care center," "type A family day-care home," | 72 |
| "licensed type B family day-care home," "type B family day-care | 73 |
| home," "administrator of a child day-care center," "administrator | 74 |
| of a type A family day-care home," and "in-home aide" have the | 75 |
| same meanings as in section 5104.01 of the Revised Code. | 76 |
| (8) "Child care provider" means an individual who is a | 77 |
| child-care staff member or administrator of a child day-care | 78 |
| center, a type A family day-care home, or a type B family day-care | 79 |
| home, or an in-home aide or an individual who is licensed, is | 80 |
| regulated, is approved, operates under the direction of, or | 81 |
| otherwise is certified by the department of job and family | 82 |
| services, department of developmental disabilities, or the early | 83 |
| childhood programs of the department of education. | 84 |
| (9) "Chronic truant" has the same meaning as in section | 85 |
| 2152.02 of the Revised Code. | 86 |
| (10) "Commit" means to vest custody as ordered by the court. | 87 |
| (11) "Counseling" includes both of the following: | 88 |
| (a) General counseling services performed by a public | 89 |
| children services agency or shelter for victims of domestic | 90 |
| violence to assist a child, a child's parents, and a child's | 91 |
| siblings in alleviating identified problems that may cause or have | 92 |
| caused the child to be an abused, neglected, or dependent child. | 93 |
| (b) Psychiatric or psychological therapeutic counseling | 94 |
| services provided to correct or alleviate any mental or emotional | 95 |
| illness or disorder and performed by a licensed psychiatrist, | 96 |
| licensed psychologist, or a person licensed under Chapter 4757. of | 97 |
| the Revised Code to engage in social work or professional | 98 |
| counseling. | 99 |
| (12) "Custodian" means a person who has legal custody of a | 100 |
| child or a public children services agency or private child | 101 |
| placing agency that has permanent, temporary, or legal custody of | 102 |
| a child. | 103 |
| (13) "Delinquent child" has the same meaning as in section | 104 |
| 2152.02 of the Revised Code. | 105 |
| (14) "Detention" means the temporary care of children pending | 106 |
| court adjudication or disposition, or execution of a court order, | 107 |
| in a public or private facility designed to physically restrict | 108 |
| the movement and activities of children. | 109 |
| (15) "Developmental disability" has the same meaning as in | 110 |
| section 5123.01 of the Revised Code. | 111 |
| (16) "Differential response approach" means an approach that | 112 |
| a public children services agency may use to respond to accepted | 113 |
| reports of child abuse or neglect with either an alternative | 114 |
| response or a traditional response. | 115 |
| (17) "Foster caregiver" has the same meaning as in section | 116 |
| 5103.02 of the Revised Code. | 117 |
| (18) "Guardian" means a person, association, or corporation | 118 |
| that is granted authority by a probate court pursuant to Chapter | 119 |
| 2111. of the Revised Code to exercise parental rights over a child | 120 |
| to the extent provided in the court's order and subject to the | 121 |
| residual parental rights of the child's parents. | 122 |
| (19) "Habitual truant" means any child of compulsory school | 123 |
| age who is absent without legitimate excuse for absence from the | 124 |
| public school the child is supposed to attend for five or more | 125 |
| consecutive school days, seven or more school days in one school | 126 |
| month, or twelve or more school days in a school year. | 127 |
| (20) "Juvenile traffic offender" has the same meaning as in | 128 |
| section 2152.02 of the Revised Code. | 129 |
| (21) "Legal custody" means a legal status that vests in the | 130 |
| custodian the right to have physical care and control of the child | 131 |
| and to determine where and with whom the child shall live, and the | 132 |
| right and duty to protect, train, and discipline the child and to | 133 |
| provide the child with food, shelter, education, and medical care, | 134 |
| all subject to any residual parental rights, privileges, and | 135 |
| responsibilities. An individual granted legal custody shall | 136 |
| exercise the rights and responsibilities personally unless | 137 |
| otherwise authorized by any section of the Revised Code or by the | 138 |
| court. | 139 |
| (22) A "legitimate excuse for absence from the public school | 140 |
| the child is supposed to attend" includes, but is not limited to, | 141 |
| any of the following: | 142 |
| (a) The fact that the child in question has enrolled in and | 143 |
| is attending another public or nonpublic school in this or another | 144 |
| state; | 145 |
| (b) The fact that the child in question is excused from | 146 |
| attendance at school for any of the reasons specified in section | 147 |
| 3321.04 of the Revised Code; | 148 |
| (c) The fact that the child in question has received an age | 149 |
| and schooling certificate in accordance with section 3331.01 of | 150 |
| the Revised Code. | 151 |
| (23) "Mental illness" and "mentally ill person subject to | 152 |
| hospitalization by court order" have the same meanings as in | 153 |
| section 5122.01 of the Revised Code. | 154 |
| (24) "Mental injury" means any behavioral, cognitive, | 155 |
| emotional, or mental disorder in a child caused by an act or | 156 |
| omission that is described in section 2919.22 of the Revised Code | 157 |
| and is committed by the parent or other person responsible for the | 158 |
| child's care. | 159 |
| (25) "Mentally retarded person" has the same meaning as in | 160 |
| section 5123.01 of the Revised Code. | 161 |
| (26) "Nonsecure care, supervision, or training" means care, | 162 |
| supervision, or training of a child in a facility that does not | 163 |
| confine or prevent movement of the child within the facility or | 164 |
| from the facility. | 165 |
| (27) "Of compulsory school age" has the same meaning as in | 166 |
| section 3321.01 of the Revised Code. | 167 |
| (28) "Organization" means any institution, public, | 168 |
| semipublic, or private, and any private association, society, or | 169 |
| agency located or operating in the state, incorporated or | 170 |
| unincorporated, having among its functions the furnishing of | 171 |
| protective services or care for children, or the placement of | 172 |
| children in certified foster homes or elsewhere. | 173 |
| (29) "Out-of-home care" means detention facilities, shelter | 174 |
| facilities, certified children's crisis care facilities, certified | 175 |
| foster homes, placement in a prospective adoptive home prior to | 176 |
| the issuance of a final decree of adoption, organizations, | 177 |
| certified organizations, child day-care centers, type A family | 178 |
| day-care homes, type B family day-care homes, child care provided | 179 |
| by in-home aides, group home providers, group homes, institutions, | 180 |
| state institutions, residential facilities, residential care | 181 |
| facilities, residential camps, day camps, therapeutic wilderness | 182 |
| camps, public schools, chartered nonpublic schools, educational | 183 |
| service centers, hospitals, and medical clinics that are | 184 |
| responsible for the care, physical custody, or control of | 185 |
| children. | 186 |
| (30) "Out-of-home care child abuse" means any of the | 187 |
| following when committed by a person responsible for the care of a | 188 |
| child in out-of-home care: | 189 |
| (a) Engaging in sexual activity with a child in the person's | 190 |
| care; | 191 |
| (b) Denial to a child, as a means of punishment, of proper or | 192 |
| necessary subsistence, education, medical care, or other care | 193 |
| necessary for a child's health; | 194 |
| (c) Use of restraint procedures on a child that cause injury | 195 |
| or pain; | 196 |
| (d) Administration of prescription drugs or psychotropic | 197 |
| medication to the child without the written approval and ongoing | 198 |
| supervision of a licensed physician; | 199 |
| (e) Commission of any act, other than by accidental means, | 200 |
| that results in any injury to or death of the child in out-of-home | 201 |
| care or commission of any act by accidental means that results in | 202 |
| an injury to or death of a child in out-of-home care and that is | 203 |
| at variance with the history given of the injury or death. | 204 |
| (31) "Out-of-home care child neglect" means any of the | 205 |
| following when committed by a person responsible for the care of a | 206 |
| child in out-of-home care: | 207 |
| (a) Failure to provide reasonable supervision according to | 208 |
| the standards of care appropriate to the age, mental and physical | 209 |
| condition, or other special needs of the child; | 210 |
| (b) Failure to provide reasonable supervision according to | 211 |
| the standards of care appropriate to the age, mental and physical | 212 |
| condition, or other special needs of the child, that results in | 213 |
| sexual or physical abuse of the child by any person; | 214 |
| (c) Failure to develop a process for all of the following: | 215 |
| (i) Administration of prescription drugs or psychotropic | 216 |
| drugs for the child; | 217 |
| (ii) Assuring that the instructions of the licensed physician | 218 |
| who prescribed a drug for the child are followed; | 219 |
| (iii) Reporting to the licensed physician who prescribed the | 220 |
| drug all unfavorable or dangerous side effects from the use of the | 221 |
| drug. | 222 |
| (d) Failure to provide proper or necessary subsistence, | 223 |
| education, medical care, or other individualized care necessary | 224 |
| for the health or well-being of the child; | 225 |
| (e) Confinement of the child to a locked room without | 226 |
| monitoring by staff; | 227 |
| (f) Failure to provide ongoing security for all prescription | 228 |
| and nonprescription medication; | 229 |
| (g) Isolation of a child for a period of time when there is | 230 |
| substantial risk that the isolation, if continued, will impair or | 231 |
| retard the mental health or physical well-being of the child. | 232 |
| (32) "Permanent custody" means a legal status that vests in a | 233 |
| public children services agency or a private child placing agency, | 234 |
| all parental rights, duties, and obligations, including the right | 235 |
| to consent to adoption, and divests the natural parents or | 236 |
| adoptive parents of all parental rights, privileges, and | 237 |
| obligations, including all residual rights and obligations. | 238 |
| (33) "Permanent surrender" means the act of the parents or, | 239 |
| if a child has only one parent, of the parent of a child, by a | 240 |
| voluntary agreement authorized by section 5103.15 of the Revised | 241 |
| Code, to transfer the permanent custody of the child to a public | 242 |
| children services agency or a private child placing agency. | 243 |
| (34) "Person" means an individual, association, corporation, | 244 |
| or partnership and the state or any of its political subdivisions, | 245 |
| departments, or agencies. | 246 |
| (35) "Person responsible for a child's care in out-of-home | 247 |
| care" means any of the following: | 248 |
| (a) Any foster caregiver, in-home aide, or provider; | 249 |
| (b) Any administrator, employee, or agent of any of the | 250 |
| following: a public or private detention facility; shelter | 251 |
| facility; certified children's crisis care facility; organization; | 252 |
| certified organization; child day-care center; type A family | 253 |
| day-care home; licensed type B family day-care home; group home; | 254 |
| institution; state institution; residential facility; residential | 255 |
| care facility; residential camp; day camp; school district; | 256 |
| community school; chartered nonpublic school; educational service | 257 |
| center; hospital; or medical clinic; | 258 |
| (c) Any person who supervises or coaches children as part of | 259 |
| an extracurricular activity sponsored by a school district, public | 260 |
| school, or chartered nonpublic school; | 261 |
| (d) Any other person who performs a similar function with | 262 |
| respect to, or has a similar relationship to, children. | 263 |
| (36) "Physically impaired" means having one or more of the | 264 |
| following conditions that substantially limit one or more of an | 265 |
| individual's major life activities, including self-care, receptive | 266 |
| and expressive language, learning, mobility, and self-direction: | 267 |
| (a) A substantial impairment of vision, speech, or hearing; | 268 |
| (b) A congenital orthopedic impairment; | 269 |
| (c) An orthopedic impairment caused by disease, rheumatic | 270 |
| fever or any other similar chronic or acute health problem, or | 271 |
| amputation or another similar cause. | 272 |
| (37) "Placement for adoption" means the arrangement by a | 273 |
| public children services agency or a private child placing agency | 274 |
| with a person for the care and adoption by that person of a child | 275 |
| of whom the agency has permanent custody. | 276 |
| (38) "Placement in foster care" means the arrangement by a | 277 |
| public children services agency or a private child placing agency | 278 |
| for the out-of-home care of a child of whom the agency has | 279 |
| temporary custody or permanent custody. | 280 |
| (39) "Planned permanent living arrangement" means an order of | 281 |
| a juvenile court pursuant to which both of the following apply: | 282 |
| (a) The court gives legal custody of a child to a public | 283 |
| children services agency or a private child placing agency without | 284 |
| the termination of parental rights. | 285 |
| (b) The order permits the agency to make an appropriate | 286 |
| placement of the child and to enter into a written agreement with | 287 |
| a foster care provider or with another person or agency with whom | 288 |
| the child is placed. | 289 |
| (40) "Practice of social work" and "practice of professional | 290 |
| counseling" have the same meanings as in section 4757.01 of the | 291 |
| Revised Code. | 292 |
| (41) "Sanction, service, or condition" means a sanction, | 293 |
| service, or condition created by court order following an | 294 |
| adjudication that a child is an unruly child that is described in | 295 |
| division (A)(4) of section 2152.19 of the Revised Code. | 296 |
| (42) "Protective supervision" means an order of disposition | 297 |
| pursuant to which the court permits an abused, neglected, | 298 |
| dependent, or unruly child to remain in the custody of the child's | 299 |
| parents, guardian, or custodian and stay in the child's home, | 300 |
| subject to any conditions and limitations upon the child, the | 301 |
| child's parents, guardian, or custodian, or any other person that | 302 |
| the court prescribes, including supervision as directed by the | 303 |
| court for the protection of the child. | 304 |
| (43) "Psychiatrist" has the same meaning as in section | 305 |
| 5122.01 of the Revised Code. | 306 |
| (44) "Psychologist" has the same meaning as in section | 307 |
| 4732.01 of the Revised Code. | 308 |
| (45) "Residential camp" means a program in which the care, | 309 |
| physical custody, or control of children is accepted overnight for | 310 |
| recreational or recreational and educational purposes. | 311 |
| (46) "Residential care facility" means an institution, | 312 |
| residence, or facility that is licensed by the department of | 313 |
| mental health and addiction services under section 5119.34 of the | 314 |
| Revised Code and that provides care for a child. | 315 |
| (47) "Residential facility" means a home or facility that is | 316 |
| licensed by the department of developmental disabilities under | 317 |
| section 5123.19 of the Revised Code and in which a child with a | 318 |
| developmental disability resides. | 319 |
| (48) "Residual parental rights, privileges, and | 320 |
| responsibilities" means those rights, privileges, and | 321 |
| responsibilities remaining with the natural parent after the | 322 |
| transfer of legal custody of the child, including, but not | 323 |
| necessarily limited to, the privilege of reasonable visitation, | 324 |
| consent to adoption, the privilege to determine the child's | 325 |
| religious affiliation, and the responsibility for support. | 326 |
| (49) "School day" means the school day established by the | 327 |
| board of education of the applicable school district pursuant to | 328 |
| section 3313.481 of the Revised Code. | 329 |
| (50) "School year" has the same meaning as in section 3313.62 | 330 |
| of the Revised Code. | 331 |
| (51) "Secure correctional facility" means a facility under | 332 |
| the direction of the department of youth services that is designed | 333 |
| to physically restrict the movement and activities of children and | 334 |
| used for the placement of children after adjudication and | 335 |
| disposition. | 336 |
| (52) "Sexual activity" has the same meaning as in section | 337 |
| 2907.01 of the Revised Code. | 338 |
| (53) "Shelter" means the temporary care of children in | 339 |
| physically unrestricted facilities pending court adjudication or | 340 |
| disposition. | 341 |
| (54) "Shelter for victims of domestic violence" has the same | 342 |
| meaning as in section 3113.33 of the Revised Code. | 343 |
| (55) "Temporary custody" means legal custody of a child who | 344 |
| is removed from the child's home, which custody may be terminated | 345 |
| at any time at the discretion of the court or, if the legal | 346 |
| custody is granted in an agreement for temporary custody, by the | 347 |
| person who executed the agreement. | 348 |
| (56) "Therapeutic wilderness camp" has the same meaning as in | 349 |
| section 5103.02 of the Revised Code. | 350 |
| (57) "Traditional response" means a public children services | 351 |
| agency's response to a report of child abuse or neglect that | 352 |
| encourages engagement of the family in a comprehensive evaluation | 353 |
| of the child's current and future safety needs and a fact-finding | 354 |
| process to determine whether child abuse or neglect occurred and | 355 |
| the circumstances surrounding the alleged harm or risk of harm. | 356 |
| (C) For the purposes of this chapter, a child shall be | 357 |
| presumed abandoned when the parents of the child have failed to | 358 |
| visit or maintain contact with the child for more than ninety | 359 |
| days, regardless of whether the parents resume contact with the | 360 |
| child after that period of ninety days. | 361 |
| Sec. 2151.421. (A)(1)(a) No person described in division | 362 |
| (A)(1)(b) of this section who is acting in an official or | 363 |
| professional capacity and knows, or has reasonable cause to | 364 |
| suspect based on facts that would cause a reasonable person in a | 365 |
| similar position to suspect, that a child under eighteen years of | 366 |
| age or a mentally retarded, developmentally disabled, or | 367 |
| physically impaired child under twenty-one years of age has | 368 |
| suffered or faces a threat of suffering any physical or mental | 369 |
| wound, injury, disability, or condition of a nature that | 370 |
| reasonably indicates abuse or neglect of the child shall fail to | 371 |
| immediately report that knowledge or reasonable cause to suspect | 372 |
| to the entity or persons specified in this division. Except as | 373 |
| provided in section 5120.173 of the Revised Code, the person | 374 |
| making the report shall make it to the public children services | 375 |
| agency or a municipal or county peace officer in the county in | 376 |
| which the child resides or in which the abuse or neglect is | 377 |
| occurring or has occurred. In the circumstances described in | 378 |
| section 5120.173 of the Revised Code, the person making the report | 379 |
| shall make it to the entity specified in that section. | 380 |
| (b) Division (A)(1)(a) of this section applies to any person | 381 |
| who is an attorney; physician, including a hospital intern or | 382 |
| resident; dentist; podiatrist; practitioner of a limited branch of | 383 |
| medicine as specified in section 4731.15 of the Revised Code; | 384 |
| registered nurse; licensed practical nurse; visiting nurse; other | 385 |
| health care professional; licensed psychologist; licensed school | 386 |
| psychologist; independent marriage and family therapist or | 387 |
| marriage and family therapist; speech pathologist or audiologist; | 388 |
| coroner; administrator or employee of a child day-care center; | 389 |
|
administrator or employee of a residential camp | 390 |
| camp, or therapeutic wilderness camp; administrator or employee of | 391 |
| a certified child care agency or other public or private children | 392 |
| services agency; school teacher; school employee; school | 393 |
| authority; person engaged in social work or the practice of | 394 |
| professional counseling; agent of a county humane society; person, | 395 |
| other than a cleric, rendering spiritual treatment through prayer | 396 |
| in accordance with the tenets of a well-recognized religion; | 397 |
| employee of a county department of job and family services who is | 398 |
| a professional and who works with children and families; | 399 |
| superintendent, board member, or employee of a county board of | 400 |
| developmental disabilities; investigative agent contracted with by | 401 |
| a county board of developmental disabilities; employee of the | 402 |
| department of developmental disabilities; employee of a facility | 403 |
| or home that provides respite care in accordance with section | 404 |
| 5123.171 of the Revised Code; employee of a home health agency; | 405 |
| employee of an entity that provides homemaker services; a person | 406 |
| performing the duties of an assessor pursuant to Chapter 3107. or | 407 |
| 5103. of the Revised Code; or third party employed by a public | 408 |
| children services agency to assist in providing child or family | 409 |
| related services. | 410 |
| (2) Except as provided in division (A)(3) of this section, an | 411 |
| attorney or a physician is not required to make a report pursuant | 412 |
| to division (A)(1) of this section concerning any communication | 413 |
| the attorney or physician receives from a client or patient in an | 414 |
| attorney-client or physician-patient relationship, if, in | 415 |
| accordance with division (A) or (B) of section 2317.02 of the | 416 |
| Revised Code, the attorney or physician could not testify with | 417 |
| respect to that communication in a civil or criminal proceeding. | 418 |
| (3) The client or patient in an attorney-client or | 419 |
| physician-patient relationship described in division (A)(2) of | 420 |
| this section is deemed to have waived any testimonial privilege | 421 |
| under division (A) or (B) of section 2317.02 of the Revised Code | 422 |
| with respect to any communication the attorney or physician | 423 |
| receives from the client or patient in that attorney-client or | 424 |
| physician-patient relationship, and the attorney or physician | 425 |
| shall make a report pursuant to division (A)(1) of this section | 426 |
| with respect to that communication, if all of the following apply: | 427 |
| (a) The client or patient, at the time of the communication, | 428 |
| is either a child under eighteen years of age or a mentally | 429 |
| retarded, developmentally disabled, or physically impaired person | 430 |
| under twenty-one years of age. | 431 |
| (b) The attorney or physician knows, or has reasonable cause | 432 |
| to suspect based on facts that would cause a reasonable person in | 433 |
| similar position to suspect, as a result of the communication or | 434 |
| any observations made during that communication, that the client | 435 |
| or patient has suffered or faces a threat of suffering any | 436 |
| physical or mental wound, injury, disability, or condition of a | 437 |
| nature that reasonably indicates abuse or neglect of the client or | 438 |
| patient. | 439 |
| (c) The abuse or neglect does not arise out of the client's | 440 |
| or patient's attempt to have an abortion without the notification | 441 |
| of her parents, guardian, or custodian in accordance with section | 442 |
| 2151.85 of the Revised Code. | 443 |
| (4)(a) No cleric and no person, other than a volunteer, | 444 |
| designated by any church, religious society, or faith acting as a | 445 |
| leader, official, or delegate on behalf of the church, religious | 446 |
| society, or faith who is acting in an official or professional | 447 |
| capacity, who knows, or has reasonable cause to believe based on | 448 |
| facts that would cause a reasonable person in a similar position | 449 |
| to believe, that a child under eighteen years of age or a mentally | 450 |
| retarded, developmentally disabled, or physically impaired child | 451 |
| under twenty-one years of age has suffered or faces a threat of | 452 |
| suffering any physical or mental wound, injury, disability, or | 453 |
| condition of a nature that reasonably indicates abuse or neglect | 454 |
| of the child, and who knows, or has reasonable cause to believe | 455 |
| based on facts that would cause a reasonable person in a similar | 456 |
| position to believe, that another cleric or another person, other | 457 |
| than a volunteer, designated by a church, religious society, or | 458 |
| faith acting as a leader, official, or delegate on behalf of the | 459 |
| church, religious society, or faith caused, or poses the threat of | 460 |
| causing, the wound, injury, disability, or condition that | 461 |
| reasonably indicates abuse or neglect shall fail to immediately | 462 |
| report that knowledge or reasonable cause to believe to the entity | 463 |
| or persons specified in this division. Except as provided in | 464 |
| section 5120.173 of the Revised Code, the person making the report | 465 |
| shall make it to the public children services agency or a | 466 |
| municipal or county peace officer in the county in which the child | 467 |
| resides or in which the abuse or neglect is occurring or has | 468 |
| occurred. In the circumstances described in section 5120.173 of | 469 |
| the Revised Code, the person making the report shall make it to | 470 |
| the entity specified in that section. | 471 |
| (b) Except as provided in division (A)(4)(c) of this section, | 472 |
| a cleric is not required to make a report pursuant to division | 473 |
| (A)(4)(a) of this section concerning any communication the cleric | 474 |
| receives from a penitent in a cleric-penitent relationship, if, in | 475 |
| accordance with division (C) of section 2317.02 of the Revised | 476 |
| Code, the cleric could not testify with respect to that | 477 |
| communication in a civil or criminal proceeding. | 478 |
| (c) The penitent in a cleric-penitent relationship described | 479 |
| in division (A)(4)(b) of this section is deemed to have waived any | 480 |
| testimonial privilege under division (C) of section 2317.02 of the | 481 |
| Revised Code with respect to any communication the cleric receives | 482 |
| from the penitent in that cleric-penitent relationship, and the | 483 |
| cleric shall make a report pursuant to division (A)(4)(a) of this | 484 |
| section with respect to that communication, if all of the | 485 |
| following apply: | 486 |
| (i) The penitent, at the time of the communication, is either | 487 |
| a child under eighteen years of age or a mentally retarded, | 488 |
| developmentally disabled, or physically impaired person under | 489 |
| twenty-one years of age. | 490 |
| (ii) The cleric knows, or has reasonable cause to believe | 491 |
| based on facts that would cause a reasonable person in a similar | 492 |
| position to believe, as a result of the communication or any | 493 |
| observations made during that communication, the penitent has | 494 |
| suffered or faces a threat of suffering any physical or mental | 495 |
| wound, injury, disability, or condition of a nature that | 496 |
| reasonably indicates abuse or neglect of the penitent. | 497 |
| (iii) The abuse or neglect does not arise out of the | 498 |
| penitent's attempt to have an abortion performed upon a child | 499 |
| under eighteen years of age or upon a mentally retarded, | 500 |
| developmentally disabled, or physically impaired person under | 501 |
| twenty-one years of age without the notification of her parents, | 502 |
| guardian, or custodian in accordance with section 2151.85 of the | 503 |
| Revised Code. | 504 |
| (d) Divisions (A)(4)(a) and (c) of this section do not apply | 505 |
| in a cleric-penitent relationship when the disclosure of any | 506 |
| communication the cleric receives from the penitent is in | 507 |
| violation of the sacred trust. | 508 |
| (e) As used in divisions (A)(1) and (4) of this section, | 509 |
| "cleric" and "sacred trust" have the same meanings as in section | 510 |
| 2317.02 of the Revised Code. | 511 |
| (B) Anyone who knows, or has reasonable cause to suspect | 512 |
| based on facts that would cause a reasonable person in similar | 513 |
| circumstances to suspect, that a child under eighteen years of age | 514 |
| or a mentally retarded, developmentally disabled, or physically | 515 |
| impaired person under twenty-one years of age has suffered or | 516 |
| faces a threat of suffering any physical or mental wound, injury, | 517 |
| disability, or other condition of a nature that reasonably | 518 |
| indicates abuse or neglect of the child may report or cause | 519 |
| reports to be made of that knowledge or reasonable cause to | 520 |
| suspect to the entity or persons specified in this division. | 521 |
| Except as provided in section 5120.173 of the Revised Code, a | 522 |
| person making a report or causing a report to be made under this | 523 |
| division shall make it or cause it to be made to the public | 524 |
| children services agency or to a municipal or county peace | 525 |
| officer. In the circumstances described in section 5120.173 of the | 526 |
| Revised Code, a person making a report or causing a report to be | 527 |
| made under this division shall make it or cause it to be made to | 528 |
| the entity specified in that section. | 529 |
| (C) Any report made pursuant to division (A) or (B) of this | 530 |
| section shall be made forthwith either by telephone or in person | 531 |
| and shall be followed by a written report, if requested by the | 532 |
| receiving agency or officer. The written report shall contain: | 533 |
| (1) The names and addresses of the child and the child's | 534 |
| parents or the person or persons having custody of the child, if | 535 |
| known; | 536 |
| (2) The child's age and the nature and extent of the child's | 537 |
| injuries, abuse, or neglect that is known or reasonably suspected | 538 |
| or believed, as applicable, to have occurred or of the threat of | 539 |
| injury, abuse, or neglect that is known or reasonably suspected or | 540 |
| believed, as applicable, to exist, including any evidence of | 541 |
| previous injuries, abuse, or neglect; | 542 |
| (3) Any other information that might be helpful in | 543 |
| establishing the cause of the injury, abuse, or neglect that is | 544 |
| known or reasonably suspected or believed, as applicable, to have | 545 |
| occurred or of the threat of injury, abuse, or neglect that is | 546 |
| known or reasonably suspected or believed, as applicable, to | 547 |
| exist. | 548 |
| Any person, who is required by division (A) of this section | 549 |
| to report child abuse or child neglect that is known or reasonably | 550 |
| suspected or believed to have occurred, may take or cause to be | 551 |
| taken color photographs of areas of trauma visible on a child and, | 552 |
| if medically indicated, cause to be performed radiological | 553 |
| examinations of the child. | 554 |
| (D) As used in this division, "children's advocacy center" | 555 |
| and "sexual abuse of a child" have the same meanings as in section | 556 |
| 2151.425 of the Revised Code. | 557 |
| (1) When a municipal or county peace officer receives a | 558 |
| report concerning the possible abuse or neglect of a child or the | 559 |
| possible threat of abuse or neglect of a child, upon receipt of | 560 |
| the report, the municipal or county peace officer who receives the | 561 |
| report shall refer the report to the appropriate public children | 562 |
| services agency. | 563 |
| (2) When a public children services agency receives a report | 564 |
| pursuant to this division or division (A) or (B) of this section, | 565 |
| upon receipt of the report, the public children services agency | 566 |
| shall do both of the following: | 567 |
| (a) Comply with section 2151.422 of the Revised Code; | 568 |
| (b) If the county served by the agency is also served by a | 569 |
| children's advocacy center and the report alleges sexual abuse of | 570 |
| a child or another type of abuse of a child that is specified in | 571 |
| the memorandum of understanding that creates the center as being | 572 |
| within the center's jurisdiction, comply regarding the report with | 573 |
| the protocol and procedures for referrals and investigations, with | 574 |
| the coordinating activities, and with the authority or | 575 |
| responsibility for performing or providing functions, activities, | 576 |
| and services stipulated in the interagency agreement entered into | 577 |
| under section 2151.428 of the Revised Code relative to that | 578 |
| center. | 579 |
| (E) No township, municipal, or county peace officer shall | 580 |
| remove a child about whom a report is made pursuant to this | 581 |
| section from the child's parents, stepparents, or guardian or any | 582 |
| other persons having custody of the child without consultation | 583 |
| with the public children services agency, unless, in the judgment | 584 |
| of the officer, and, if the report was made by physician, the | 585 |
| physician, immediate removal is considered essential to protect | 586 |
| the child from further abuse or neglect. The agency that must be | 587 |
| consulted shall be the agency conducting the investigation of the | 588 |
| report as determined pursuant to section 2151.422 of the Revised | 589 |
| Code. | 590 |
| (F)(1) Except as provided in section 2151.422 of the Revised | 591 |
| Code or in an interagency agreement entered into under section | 592 |
| 2151.428 of the Revised Code that applies to the particular | 593 |
| report, the public children services agency shall investigate, | 594 |
| within twenty-four hours, each report of child abuse or child | 595 |
| neglect that is known or reasonably suspected or believed to have | 596 |
| occurred and of a threat of child abuse or child neglect that is | 597 |
| known or reasonably suspected or believed to exist that is | 598 |
| referred to it under this section to determine the circumstances | 599 |
| surrounding the injuries, abuse, or neglect or the threat of | 600 |
| injury, abuse, or neglect, the cause of the injuries, abuse, | 601 |
| neglect, or threat, and the person or persons responsible. The | 602 |
| investigation shall be made in cooperation with the law | 603 |
| enforcement agency and in accordance with the memorandum of | 604 |
| understanding prepared under division (J) of this section. A | 605 |
| representative of the public children services agency shall, at | 606 |
| the time of initial contact with the person subject to the | 607 |
| investigation, inform the person of the specific complaints or | 608 |
| allegations made against the person. The information shall be | 609 |
| given in a manner that is consistent with division (H)(1) of this | 610 |
| section and protects the rights of the person making the report | 611 |
| under this section. | 612 |
| A failure to make the investigation in accordance with the | 613 |
| memorandum is not grounds for, and shall not result in, the | 614 |
| dismissal of any charges or complaint arising from the report or | 615 |
| the suppression of any evidence obtained as a result of the report | 616 |
| and does not give, and shall not be construed as giving, any | 617 |
| rights or any grounds for appeal or post-conviction relief to any | 618 |
| person. The public children services agency shall report each case | 619 |
| to the uniform statewide automated child welfare information | 620 |
| system that the department of job and family services shall | 621 |
| maintain in accordance with section 5101.13 of the Revised Code. | 622 |
| The public children services agency shall submit a report of its | 623 |
| investigation, in writing, to the law enforcement agency. | 624 |
| (2) The public children services agency shall make any | 625 |
| recommendations to the county prosecuting attorney or city | 626 |
| director of law that it considers necessary to protect any | 627 |
| children that are brought to its attention. | 628 |
| (G)(1)(a) Except as provided in division (H)(3) of this | 629 |
| section, anyone or any hospital, institution, school, health | 630 |
| department, or agency participating in the making of reports under | 631 |
| division (A) of this section, anyone or any hospital, institution, | 632 |
| school, health department, or agency participating in good faith | 633 |
| in the making of reports under division (B) of this section, and | 634 |
| anyone participating in good faith in a judicial proceeding | 635 |
| resulting from the reports, shall be immune from any civil or | 636 |
| criminal liability for injury, death, or loss to person or | 637 |
| property that otherwise might be incurred or imposed as a result | 638 |
| of the making of the reports or the participation in the judicial | 639 |
| proceeding. | 640 |
| (b) Notwithstanding section 4731.22 of the Revised Code, the | 641 |
| physician-patient privilege shall not be a ground for excluding | 642 |
| evidence regarding a child's injuries, abuse, or neglect, or the | 643 |
| cause of the injuries, abuse, or neglect in any judicial | 644 |
| proceeding resulting from a report submitted pursuant to this | 645 |
| section. | 646 |
| (2) In any civil or criminal action or proceeding in which it | 647 |
| is alleged and proved that participation in the making of a report | 648 |
| under this section was not in good faith or participation in a | 649 |
| judicial proceeding resulting from a report made under this | 650 |
| section was not in good faith, the court shall award the | 651 |
| prevailing party reasonable attorney's fees and costs and, if a | 652 |
| civil action or proceeding is voluntarily dismissed, may award | 653 |
| reasonable attorney's fees and costs to the party against whom the | 654 |
| civil action or proceeding is brought. | 655 |
| (H)(1) Except as provided in divisions (H)(4) and (N) of this | 656 |
| section, a report made under this section is confidential. The | 657 |
| information provided in a report made pursuant to this section and | 658 |
| the name of the person who made the report shall not be released | 659 |
| for use, and shall not be used, as evidence in any civil action or | 660 |
| proceeding brought against the person who made the report. Nothing | 661 |
| in this division shall preclude the use of reports of other | 662 |
| incidents of known or suspected abuse or neglect in a civil action | 663 |
| or proceeding brought pursuant to division (M) of this section | 664 |
| against a person who is alleged to have violated division (A)(1) | 665 |
| of this section, provided that any information in a report that | 666 |
| would identify the child who is the subject of the report or the | 667 |
| maker of the report, if the maker of the report is not the | 668 |
| defendant or an agent or employee of the defendant, has been | 669 |
| redacted. In a criminal proceeding, the report is admissible in | 670 |
| evidence in accordance with the Rules of Evidence and is subject | 671 |
| to discovery in accordance with the Rules of Criminal Procedure. | 672 |
| (2) No person shall permit or encourage the unauthorized | 673 |
| dissemination of the contents of any report made under this | 674 |
| section. | 675 |
| (3) A person who knowingly makes or causes another person to | 676 |
| make a false report under division (B) of this section that | 677 |
| alleges that any person has committed an act or omission that | 678 |
| resulted in a child being an abused child or a neglected child is | 679 |
| guilty of a violation of section 2921.14 of the Revised Code. | 680 |
| (4) If a report is made pursuant to division (A) or (B) of | 681 |
| this section and the child who is the subject of the report dies | 682 |
| for any reason at any time after the report is made, but before | 683 |
| the child attains eighteen years of age, the public children | 684 |
| services agency or municipal or county peace officer to which the | 685 |
| report was made or referred, on the request of the child fatality | 686 |
| review board, shall submit a summary sheet of information | 687 |
| providing a summary of the report to the review board of the | 688 |
| county in which the deceased child resided at the time of death. | 689 |
| On the request of the review board, the agency or peace officer | 690 |
| may, at its discretion, make the report available to the review | 691 |
| board. If the county served by the public children services agency | 692 |
| is also served by a children's advocacy center and the report of | 693 |
| alleged sexual abuse of a child or another type of abuse of a | 694 |
| child is specified in the memorandum of understanding that creates | 695 |
| the center as being within the center's jurisdiction, the agency | 696 |
| or center shall perform the duties and functions specified in this | 697 |
| division in accordance with the interagency agreement entered into | 698 |
| under section 2151.428 of the Revised Code relative to that | 699 |
| advocacy center. | 700 |
| (5) A public children services agency shall advise a person | 701 |
| alleged to have inflicted abuse or neglect on a child who is the | 702 |
| subject of a report made pursuant to this section, including a | 703 |
| report alleging sexual abuse of a child or another type of abuse | 704 |
| of a child referred to a children's advocacy center pursuant to an | 705 |
| interagency agreement entered into under section 2151.428 of the | 706 |
| Revised Code, in writing of the disposition of the investigation. | 707 |
| The agency shall not provide to the person any information that | 708 |
| identifies the person who made the report, statements of | 709 |
| witnesses, or police or other investigative reports. | 710 |
| (I) Any report that is required by this section, other than a | 711 |
| report that is made to the state highway patrol as described in | 712 |
| section 5120.173 of the Revised Code, shall result in protective | 713 |
| services and emergency supportive services being made available by | 714 |
| the public children services agency on behalf of the children | 715 |
| about whom the report is made, in an effort to prevent further | 716 |
| neglect or abuse, to enhance their welfare, and, whenever | 717 |
| possible, to preserve the family unit intact. The agency required | 718 |
| to provide the services shall be the agency conducting the | 719 |
| investigation of the report pursuant to section 2151.422 of the | 720 |
| Revised Code. | 721 |
| (J)(1) Each public children services agency shall prepare a | 722 |
| memorandum of understanding that is signed by all of the | 723 |
| following: | 724 |
| (a) If there is only one juvenile judge in the county, the | 725 |
| juvenile judge of the county or the juvenile judge's | 726 |
| representative; | 727 |
| (b) If there is more than one juvenile judge in the county, a | 728 |
| juvenile judge or the juvenile judges' representative selected by | 729 |
| the juvenile judges or, if they are unable to do so for any | 730 |
| reason, the juvenile judge who is senior in point of service or | 731 |
| the senior juvenile judge's representative; | 732 |
| (c) The county peace officer; | 733 |
| (d) All chief municipal peace officers within the county; | 734 |
| (e) Other law enforcement officers handling child abuse and | 735 |
| neglect cases in the county; | 736 |
| (f) The prosecuting attorney of the county; | 737 |
| (g) If the public children services agency is not the county | 738 |
| department of job and family services, the county department of | 739 |
| job and family services; | 740 |
| (h) The county humane society; | 741 |
| (i) If the public children services agency participated in | 742 |
| the execution of a memorandum of understanding under section | 743 |
| 2151.426 of the Revised Code establishing a children's advocacy | 744 |
| center, each participating member of the children's advocacy | 745 |
| center established by the memorandum. | 746 |
| (2) A memorandum of understanding shall set forth the normal | 747 |
| operating procedure to be employed by all concerned officials in | 748 |
| the execution of their respective responsibilities under this | 749 |
| section and division (C) of section 2919.21, division (B)(1) of | 750 |
| section 2919.22, division (B) of section 2919.23, and section | 751 |
| 2919.24 of the Revised Code and shall have as two of its primary | 752 |
| goals the elimination of all unnecessary interviews of children | 753 |
| who are the subject of reports made pursuant to division (A) or | 754 |
| (B) of this section and, when feasible, providing for only one | 755 |
| interview of a child who is the subject of any report made | 756 |
| pursuant to division (A) or (B) of this section. A failure to | 757 |
| follow the procedure set forth in the memorandum by the concerned | 758 |
| officials is not grounds for, and shall not result in, the | 759 |
| dismissal of any charges or complaint arising from any reported | 760 |
| case of abuse or neglect or the suppression of any evidence | 761 |
| obtained as a result of any reported child abuse or child neglect | 762 |
| and does not give, and shall not be construed as giving, any | 763 |
| rights or any grounds for appeal or post-conviction relief to any | 764 |
| person. | 765 |
| (3) A memorandum of understanding shall include all of the | 766 |
| following: | 767 |
| (a) The roles and responsibilities for handling emergency and | 768 |
| nonemergency cases of abuse and neglect; | 769 |
| (b) Standards and procedures to be used in handling and | 770 |
| coordinating investigations of reported cases of child abuse and | 771 |
| reported cases of child neglect, methods to be used in | 772 |
| interviewing the child who is the subject of the report and who | 773 |
| allegedly was abused or neglected, and standards and procedures | 774 |
| addressing the categories of persons who may interview the child | 775 |
| who is the subject of the report and who allegedly was abused or | 776 |
| neglected. | 777 |
| (4) If a public children services agency participated in the | 778 |
| execution of a memorandum of understanding under section 2151.426 | 779 |
| of the Revised Code establishing a children's advocacy center, the | 780 |
| agency shall incorporate the contents of that memorandum in the | 781 |
| memorandum prepared pursuant to this section. | 782 |
| (5) The clerk of the court of common pleas in the county may | 783 |
| sign the memorandum of understanding prepared under division | 784 |
| (J)(1) of this section. If the clerk signs the memorandum of | 785 |
| understanding, the clerk shall execute all relevant | 786 |
| responsibilities as required of officials specified in the | 787 |
| memorandum. | 788 |
| (K)(1) Except as provided in division (K)(4) of this section, | 789 |
| a person who is required to make a report pursuant to division (A) | 790 |
| of this section may make a reasonable number of requests of the | 791 |
| public children services agency that receives or is referred the | 792 |
| report, or of the children's advocacy center that is referred the | 793 |
| report if the report is referred to a children's advocacy center | 794 |
| pursuant to an interagency agreement entered into under section | 795 |
| 2151.428 of the Revised Code, to be provided with the following | 796 |
| information: | 797 |
| (a) Whether the agency or center has initiated an | 798 |
| investigation of the report; | 799 |
| (b) Whether the agency or center is continuing to investigate | 800 |
| the report; | 801 |
| (c) Whether the agency or center is otherwise involved with | 802 |
| the child who is the subject of the report; | 803 |
| (d) The general status of the health and safety of the child | 804 |
| who is the subject of the report; | 805 |
| (e) Whether the report has resulted in the filing of a | 806 |
| complaint in juvenile court or of criminal charges in another | 807 |
| court. | 808 |
| (2) A person may request the information specified in | 809 |
| division (K)(1) of this section only if, at the time the report is | 810 |
| made, the person's name, address, and telephone number are | 811 |
| provided to the person who receives the report. | 812 |
| When a municipal or county peace officer or employee of a | 813 |
| public children services agency receives a report pursuant to | 814 |
| division (A) or (B) of this section the recipient of the report | 815 |
| shall inform the person of the right to request the information | 816 |
| described in division (K)(1) of this section. The recipient of the | 817 |
| report shall include in the initial child abuse or child neglect | 818 |
| report that the person making the report was so informed and, if | 819 |
| provided at the time of the making of the report, shall include | 820 |
| the person's name, address, and telephone number in the report. | 821 |
| Each request is subject to verification of the identity of | 822 |
| the person making the report. If that person's identity is | 823 |
| verified, the agency shall provide the person with the information | 824 |
| described in division (K)(1) of this section a reasonable number | 825 |
| of times, except that the agency shall not disclose any | 826 |
| confidential information regarding the child who is the subject of | 827 |
| the report other than the information described in those | 828 |
| divisions. | 829 |
| (3) A request made pursuant to division (K)(1) of this | 830 |
| section is not a substitute for any report required to be made | 831 |
| pursuant to division (A) of this section. | 832 |
| (4) If an agency other than the agency that received or was | 833 |
| referred the report is conducting the investigation of the report | 834 |
| pursuant to section 2151.422 of the Revised Code, the agency | 835 |
| conducting the investigation shall comply with the requirements of | 836 |
| division (K) of this section. | 837 |
| (L) The director of job and family services shall adopt rules | 838 |
| in accordance with Chapter 119. of the Revised Code to implement | 839 |
| this section. The department of job and family services may enter | 840 |
| into a plan of cooperation with any other governmental entity to | 841 |
| aid in ensuring that children are protected from abuse and | 842 |
| neglect. The department shall make recommendations to the attorney | 843 |
| general that the department determines are necessary to protect | 844 |
| children from child abuse and child neglect. | 845 |
| (M) Whoever violates division (A) of this section is liable | 846 |
| for compensatory and exemplary damages to the child who would have | 847 |
| been the subject of the report that was not made. A person who | 848 |
| brings a civil action or proceeding pursuant to this division | 849 |
| against a person who is alleged to have violated division (A)(1) | 850 |
| of this section may use in the action or proceeding reports of | 851 |
| other incidents of known or suspected abuse or neglect, provided | 852 |
| that any information in a report that would identify the child who | 853 |
| is the subject of the report or the maker of the report, if the | 854 |
| maker is not the defendant or an agent or employee of the | 855 |
| defendant, has been redacted. | 856 |
| (N)(1) As used in this division: | 857 |
| (a) "Out-of-home care" includes a nonchartered nonpublic | 858 |
| school if the alleged child abuse or child neglect, or alleged | 859 |
| threat of child abuse or child neglect, described in a report | 860 |
| received by a public children services agency allegedly occurred | 861 |
| in or involved the nonchartered nonpublic school and the alleged | 862 |
| perpetrator named in the report holds a certificate, permit, or | 863 |
| license issued by the state board of education under section | 864 |
| 3301.071 or Chapter 3319. of the Revised Code. | 865 |
| (b) "Administrator, director, or other chief administrative | 866 |
| officer" means the superintendent of the school district if the | 867 |
| out-of-home care entity subject to a report made pursuant to this | 868 |
| section is a school operated by the district. | 869 |
| (2) No later than the end of the day following the day on | 870 |
| which a public children services agency receives a report of | 871 |
| alleged child abuse or child neglect, or a report of an alleged | 872 |
| threat of child abuse or child neglect, that allegedly occurred in | 873 |
| or involved an out-of-home care entity, the agency shall provide | 874 |
| written notice of the allegations contained in and the person | 875 |
| named as the alleged perpetrator in the report to the | 876 |
| administrator, director, or other chief administrative officer of | 877 |
| the out-of-home care entity that is the subject of the report | 878 |
| unless the administrator, director, or other chief administrative | 879 |
| officer is named as an alleged perpetrator in the report. If the | 880 |
| administrator, director, or other chief administrative officer of | 881 |
| an out-of-home care entity is named as an alleged perpetrator in a | 882 |
| report of alleged child abuse or child neglect, or a report of an | 883 |
| alleged threat of child abuse or child neglect, that allegedly | 884 |
| occurred in or involved the out-of-home care entity, the agency | 885 |
| shall provide the written notice to the owner or governing board | 886 |
| of the out-of-home care entity that is the subject of the report. | 887 |
| The agency shall not provide witness statements or police or other | 888 |
| investigative reports. | 889 |
| (3) No later than three days after the day on which a public | 890 |
| children services agency that conducted the investigation as | 891 |
| determined pursuant to section 2151.422 of the Revised Code makes | 892 |
| a disposition of an investigation involving a report of alleged | 893 |
| child abuse or child neglect, or a report of an alleged threat of | 894 |
| child abuse or child neglect, that allegedly occurred in or | 895 |
| involved an out-of-home care entity, the agency shall send written | 896 |
| notice of the disposition of the investigation to the | 897 |
| administrator, director, or other chief administrative officer and | 898 |
| the owner or governing board of the out-of-home care entity. The | 899 |
| agency shall not provide witness statements or police or other | 900 |
| investigative reports. | 901 |
| (O) As used in this section, "investigation" means the public | 902 |
| children services agency's response to an accepted report of child | 903 |
| abuse or neglect through either an alternative response or a | 904 |
| traditional response. | 905 |
| Sec. 3701.90. (A) As used in this section and sections | 906 |
| 3701.901 and 3701.902 of the Revised Code, "therapeutic wilderness | 907 |
| camp" has the same meaning as in section 5103.02 of the Revised | 908 |
| Code. | 909 |
| (B) A therapeutic wilderness camp annually shall certify to | 910 |
| the director of health that the camp meets the minimum standards | 911 |
| for such camps specified in division (C) of this section. | 912 |
| (C) All of the following apply as the minimum standards to be | 913 |
| met by a therapeutic wilderness camp: | 914 |
| (1) The camp shall comply with section 2151.86 of the Revised | 915 |
| Code regarding criminal records check requirements that apply to | 916 |
| persons responsible for a child's care in out-of-home care. | 917 |
| (2) The camp shall comply with section 2151.421 of the | 918 |
| Revised Code regarding reporting child abuse or neglect. | 919 |
| (3) The camp shall comply with the standards for sanitation, | 920 |
| shelter, fire safety, food preparation and storage, and emergency | 921 |
| and disaster preparedness established in rules adopted by the | 922 |
| director of health pursuant to section 3701.901 of the Revised | 923 |
| Code. | 924 |
| (4) The camp shall cooperate with any request from the | 925 |
| director for an inspection or for access to records or written | 926 |
| policies of the camp. | 927 |
| (5) The camp shall develop and implement a written policy | 928 |
| that establishes all of the following: | 929 |
| (a) Standards for hiring, training, and supervising staff; | 930 |
| (b) Standards for behavioral intervention, including | 931 |
| standards regarding the use of restraints or isolation; | 932 |
| (c) Standards for recordkeeping, including specifying | 933 |
| information that must be included in each child's record, who may | 934 |
| access records, confidentiality, maintenance, security, and | 935 |
| disposal of records; | 936 |
| (d) A procedure for handling complaints about the camp from | 937 |
| the children attending the camp, their families, staff, and the | 938 |
| public. | 939 |
| Sec. 3701.901. (A) As used in this section, "board of | 940 |
| health" means a board of health of a city or general health | 941 |
| district or the authority having the duties of a board of health | 942 |
| as described in section 3709.05 of the Revised Code. | 943 |
| (B) The director of health may inspect a therapeutic | 944 |
| wilderness camp at any time. The director may delegate this | 945 |
| authority to a board of health. | 946 |
| (C) The director may request access to the camp's records or | 947 |
| to the written policies adopted by the camp pursuant to section | 948 |
| 3701.90 of the Revised Code. The director may delegate this | 949 |
| authority to a board of health. | 950 |
| (D) The director shall adopt rules pursuant to Chapter 119. | 951 |
| of the Revised Code establishing minimum standards for sanitation, | 952 |
| shelter, fire safety, food preparation and storage, and emergency | 953 |
| and disaster preparedness for therapeutic wilderness camps. | 954 |
| Sec. 3701.902. A parent of a child attending a therapeutic | 955 |
| wilderness camp is not relieved of the parent's obligations | 956 |
| regarding compulsory school attendance pursuant to section 3321.04 | 957 |
| of the Revised Code. | 958 |
| Sec. 5103.02. As used in sections 5103.03 to 5103.17 of the | 959 |
| Revised Code: | 960 |
| (A)(1) "Association" or "institution" includes all of the | 961 |
| following: | 962 |
| (a) Any incorporated or unincorporated organization, society, | 963 |
| association, or agency, public or private, that receives or cares | 964 |
| for children for two or more consecutive weeks; | 965 |
| (b) Any individual, including the operator of a foster home, | 966 |
| who, for hire, gain, or reward, receives or cares for children for | 967 |
| two or more consecutive weeks, unless the individual is related to | 968 |
| them by blood or marriage; | 969 |
| (c) Any individual not in the regular employ of a court, or | 970 |
| of an institution or association certified in accordance with | 971 |
| section 5103.03 of the Revised Code, who in any manner becomes a | 972 |
| party to the placing of children in foster homes, unless the | 973 |
| individual is related to such children by blood or marriage or is | 974 |
| the appointed guardian of such children. | 975 |
| (2) "Association" or "institution" does not include any of | 976 |
| the following: | 977 |
| (a) Any organization, society, association, school, agency, | 978 |
| child guidance center, detention or rehabilitation facility, or | 979 |
| children's clinic licensed, regulated, approved, operated under | 980 |
| the direction of, or otherwise certified by the department of | 981 |
| education, a local board of education, the department of youth | 982 |
| services, the department of mental health and addiction services, | 983 |
| or the department of developmental disabilities; | 984 |
| (b) Any individual who provides care for only a single-family | 985 |
| group, placed there by their parents or other relative having | 986 |
| custody; | 987 |
| (c) A therapeutic wilderness camp. | 988 |
| (B) "Family foster home" means a foster home that is not a | 989 |
| specialized foster home. | 990 |
| (C) "Foster caregiver" means a person holding a valid foster | 991 |
| home certificate issued under section 5103.03 of the Revised Code. | 992 |
| (D) "Foster home" means a private residence in which children | 993 |
| are received apart from their parents, guardian, or legal | 994 |
| custodian, by an individual reimbursed for providing the children | 995 |
| nonsecure care, supervision, or training twenty-four hours a day. | 996 |
| "Foster home" does not include care provided for a child in the | 997 |
| home of a person other than the child's parent, guardian, or legal | 998 |
| custodian while the parent, guardian, or legal custodian is | 999 |
| temporarily away. Family foster homes and specialized foster homes | 1000 |
| are types of foster homes. | 1001 |
| (E) "Medically fragile foster home" means a foster home that | 1002 |
| provides specialized medical services designed to meet the needs | 1003 |
| of children with intensive health care needs who meet all of the | 1004 |
| following criteria: | 1005 |
| (1) Under rules adopted by the medicaid director governing | 1006 |
| medicaid payments for long-term care services, the children | 1007 |
| require a skilled level of care. | 1008 |
| (2) The children require the services of a doctor of medicine | 1009 |
| or osteopathic medicine at least once a week due to the | 1010 |
| instability of their medical conditions. | 1011 |
| (3) The children require the services of a registered nurse | 1012 |
| on a daily basis. | 1013 |
| (4) The children are at risk of institutionalization in a | 1014 |
| hospital, skilled nursing facility, or intermediate care facility | 1015 |
| for individuals with intellectual disabilities. | 1016 |
| (F) "Recommending agency" means a public children services | 1017 |
| agency, private child placing agency, or private noncustodial | 1018 |
| agency that recommends that the department of job and family | 1019 |
| services take any of the following actions under section 5103.03 | 1020 |
| of the Revised Code regarding a foster home: | 1021 |
| (1) Issue a certificate; | 1022 |
| (2) Deny a certificate; | 1023 |
| (3) Renew a certificate; | 1024 |
| (4) Deny renewal of a certificate; | 1025 |
| (5) Revoke a certificate. | 1026 |
| (G) "Specialized foster home" means a medically fragile | 1027 |
| foster home or a treatment foster home. | 1028 |
| (H) "Treatment foster home" means a foster home that | 1029 |
| incorporates special rehabilitative services designed to treat the | 1030 |
| specific needs of the children received in the foster home and | 1031 |
| that receives and cares for children who are emotionally or | 1032 |
| behaviorally disturbed, chemically dependent, mentally retarded, | 1033 |
| developmentally disabled, or who otherwise have exceptional needs. | 1034 |
| (I) "Therapeutic wilderness camp" means a structured, | 1035 |
| alternative residential setting for children who are experiencing | 1036 |
| emotional, behavioral, moral, social, or learning difficulties at | 1037 |
| home or school in which both of the following are the case: | 1038 |
| (1) The children spend the majority of their time, including | 1039 |
| overnight, either outdoors or in a primitive structure. | 1040 |
| (2) The children have been placed there by their parents or | 1041 |
| another relative having custody. | 1042 |
| Section 2. That existing sections 2151.011, 2151.421, and | 1043 |
| 5103.02 of the Revised Code are hereby repealed. | 1044 |
| Section 3. The amendments to divisions (B)(49) and (50) of | 1045 |
| section 2151.011 of the Revised Code by Am. Sub. H.B. 59 of the | 1046 |
| 130th General Assembly, which appear in this act and are to take | 1047 |
| effect on July 1, 2014, are not accelerated by their inclusion in | 1048 |
| this act. | 1049 |