As Passed by the House

130th General Assembly Regular Session 2013-2014

Sub. H. B. No. 352

Representatives Hayes, Thompson 

Cosponsors: Representatives McClain, Derickson, Amstutz, Wachtmann, Buchy, Hill, Huffman, Retherford, Ruhl, Sears, Terhar 

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A BILL

To amend sections 2151.011, 2151.421, and 5103.02 and

1

to enact sections 5103.50, 5103.51, 5103.52,

2

5103.53, 5103.54, and 5103.55 of the Revised Code

3

to license private, nonprofit therapeutic

4

wilderness camps.

5

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

Section 1.  That sections 2151.011, 2151.421, and 5103.02 be	6
amended and sections 5103.50, 5103.51, 5103.52, 5103.53, 5103.54,	7
and 5103.55 of the Revised Code be enacted to read as follows:	8

Sec. 2151.011.  (A) As used in the Revised Code:

9

(1) "Juvenile court" means whichever of the following is	10
applicable that has jurisdiction under this chapter and Chapter	11
2152. of the Revised Code:	12

(a) The division of the court of common pleas specified in	13
section 2101.022 or 2301.03 of the Revised Code as having	14
jurisdiction under this chapter and Chapter 2152. of the Revised	15
Code or as being the juvenile division or the juvenile division	16
combined with one or more other divisions;	17

(b) The juvenile court of Cuyahoga county or Hamilton county	18
that is separately and independently created by section 2151.08 or	19
Chapter 2153. of the Revised Code and that has jurisdiction under	20
this chapter and Chapter 2152. of the Revised Code;	21

(c) If division (A)(1)(a) or (b) of this section does not	22
apply, the probate division of the court of common pleas.	23

(2) "Juvenile judge" means a judge of a court having	24
jurisdiction under this chapter.	25

(3) "Private child placing agency" means any association, as	26
defined in section 5103.02 of the Revised Code, that is certified	27
under section 5103.03 of the Revised Code to accept temporary,	28
permanent, or legal custody of children and place the children for	29
either foster care or adoption.	30

(4) "Private noncustodial agency" means any person,	31
organization, association, or society certified by the department	32
of job and family services that does not accept temporary or	33
permanent legal custody of children, that is privately operated in	34
this state, and that does one or more of the following:	35

(a) Receives and cares for children for two or more	36
consecutive weeks;	37

(b) Participates in the placement of children in certified	38
foster homes;	39

(c) Provides adoption services in conjunction with a public	40
children services agency or private child placing agency.	41

(B) As used in this chapter:

42

(1) "Adequate parental care" means the provision by a child's	43
parent or parents, guardian, or custodian of adequate food,	44
clothing, and shelter to ensure the child's health and physical	45
safety and the provision by a child's parent or parents of	46
specialized services warranted by the child's physical or mental	47
needs.	48

(2) "Adult" means an individual who is eighteen years of age	49
or older.	50

(3) "Agreement for temporary custody" means a voluntary	51
agreement authorized by section 5103.15 of the Revised Code that	52
transfers the temporary custody of a child to a public children	53
services agency or a private child placing agency.	54

(4) "Alternative response" means the public children services	55
agency's response to a report of child abuse or neglect that	56
engages the family in a comprehensive evaluation of child safety,	57
risk of subsequent harm, and family strengths and needs and that	58
does not include a determination as to whether child abuse or	59
neglect occurred.	60

(5) "Certified foster home" means a foster home, as defined	61
in section 5103.02 of the Revised Code, certified under section	62
5103.03 of the Revised Code.	63

(6) "Child" means a person who is under eighteen years of	64
age, except that the juvenile court has jurisdiction over any	65
person who is adjudicated an unruly child prior to attaining	66
eighteen years of age until the person attains twenty-one years of	67
age, and, for purposes of that jurisdiction related to that	68
adjudication, a person who is so adjudicated an unruly child shall	69
be deemed a "child" until the person attains twenty-one years of	70
age.	71

(7) "Child day camp," "child care," "child day-care center,"	72
"part-time child day-care center," "type A family day-care home,"	73
"licensed type B family day-care home," "type B family day-care	74
home," "administrator of a child day-care center," "administrator	75
of a type A family day-care home," and "in-home aide" have the	76
same meanings as in section 5104.01 of the Revised Code.	77

(8) "Child care provider" means an individual who is a	78
child-care staff member or administrator of a child day-care	79
center, a type A family day-care home, or a type B family day-care	80
home, or an in-home aide or an individual who is licensed, is	81
regulated, is approved, operates under the direction of, or	82
otherwise is certified by the department of job and family	83
services, department of developmental disabilities, or the early	84
childhood programs of the department of education.	85

(9) "Chronic truant" has the same meaning as in section	86
2152.02 of the Revised Code.	87

(10) "Commit" means to vest custody as ordered by the court.

88

(11) "Counseling" includes both of the following:

89

(a) General counseling services performed by a public	90
children services agency or shelter for victims of domestic	91
violence to assist a child, a child's parents, and a child's	92
siblings in alleviating identified problems that may cause or have	93
caused the child to be an abused, neglected, or dependent child.	94

(b) Psychiatric or psychological therapeutic counseling	95
services provided to correct or alleviate any mental or emotional	96
illness or disorder and performed by a licensed psychiatrist,	97
licensed psychologist, or a person licensed under Chapter 4757. of	98
the Revised Code to engage in social work or professional	99
counseling.	100

(12) "Custodian" means a person who has legal custody of a	101
child or a public children services agency or private child	102
placing agency that has permanent, temporary, or legal custody of	103
a child.	104

(13) "Delinquent child" has the same meaning as in section	105
2152.02 of the Revised Code.	106

(14) "Detention" means the temporary care of children pending	107
court adjudication or disposition, or execution of a court order,	108
in a public or private facility designed to physically restrict	109
the movement and activities of children.	110

(15) "Developmental disability" has the same meaning as in	111
section 5123.01 of the Revised Code.	112

(16) "Differential response approach" means an approach that	113
a public children services agency may use to respond to accepted	114
reports of child abuse or neglect with either an alternative	115
response or a traditional response.	116

(17) "Foster caregiver" has the same meaning as in section	117
5103.02 of the Revised Code.	118

(18) "Guardian" means a person, association, or corporation	119
that is granted authority by a probate court pursuant to Chapter	120
2111. of the Revised Code to exercise parental rights over a child	121
to the extent provided in the court's order and subject to the	122
residual parental rights of the child's parents.	123

(19) "Habitual truant" means any child of compulsory school	124
age who is absent without legitimate excuse for absence from the	125
public school the child is supposed to attend for five or more	126
consecutive school days, seven or more school days in one school	127
month, or twelve or more school days in a school year.	128

(20) "Juvenile traffic offender" has the same meaning as in	129
section 2152.02 of the Revised Code.	130

(21) "Legal custody" means a legal status that vests in the	131
custodian the right to have physical care and control of the child	132
and to determine where and with whom the child shall live, and the	133
right and duty to protect, train, and discipline the child and to	134
provide the child with food, shelter, education, and medical care,	135
all subject to any residual parental rights, privileges, and	136
responsibilities. An individual granted legal custody shall	137
exercise the rights and responsibilities personally unless	138
otherwise authorized by any section of the Revised Code or by the	139
court.	140

(22) A "legitimate excuse for absence from the public school	141
the child is supposed to attend" includes, but is not limited to,	142
any of the following:	143

(a) The fact that the child in question has enrolled in and	144
is attending another public or nonpublic school in this or another	145
state;	146

(b) The fact that the child in question is excused from	147
attendance at school for any of the reasons specified in section	148
3321.04 of the Revised Code;	149

(c) The fact that the child in question has received an age	150
and schooling certificate in accordance with section 3331.01 of	151
the Revised Code.	152

(23) "Mental illness" and "mentally ill person subject to	153
hospitalization by court order" have the same meanings as in	154
section 5122.01 of the Revised Code.	155

(24) "Mental injury" means any behavioral, cognitive,	156
emotional, or mental disorder in a child caused by an act or	157
omission that is described in section 2919.22 of the Revised Code	158
and is committed by the parent or other person responsible for the	159
child's care.	160

(25) "Mentally retarded person" has the same meaning as in	161
section 5123.01 of the Revised Code.	162

(26) "Nonsecure care, supervision, or training" means care,	163
supervision, or training of a child in a facility that does not	164
confine or prevent movement of the child within the facility or	165
from the facility.	166

(27) "Of compulsory school age" has the same meaning as in	167
section 3321.01 of the Revised Code.	168

(28) "Organization" means any institution, public,	169
semipublic, or private, and any private association, society, or	170
agency located or operating in the state, incorporated or	171
unincorporated, having among its functions the furnishing of	172
protective services or care for children, or the placement of	173
children in certified foster homes or elsewhere.	174

(29) "Out-of-home care" means detention facilities, shelter	175
facilities, certified children's crisis care facilities, certified	176
foster homes, placement in a prospective adoptive home prior to	177
the issuance of a final decree of adoption, organizations,	178
certified organizations, child day-care centers, type A family	179
day-care homes, type B family day-care homes, child care provided	180
by in-home aides, group home providers, group homes, institutions,	181
state institutions, residential facilities, residential care	182
facilities, residential camps, day camps, private, nonprofit	183
therapeutic wilderness camps, public schools, chartered nonpublic	184
schools, educational service centers, hospitals, and medical	185
clinics that are responsible for the care, physical custody, or	186
control of children.	187

(30) "Out-of-home care child abuse" means any of the	188
following when committed by a person responsible for the care of a	189
child in out-of-home care:	190

(a) Engaging in sexual activity with a child in the person's	191
care;	192

(b) Denial to a child, as a means of punishment, of proper or	193
necessary subsistence, education, medical care, or other care	194
necessary for a child's health;	195

(c) Use of restraint procedures on a child that cause injury	196
or pain;	197

(d) Administration of prescription drugs or psychotropic	198
medication to the child without the written approval and ongoing	199
supervision of a licensed physician;	200

(e) Commission of any act, other than by accidental means,	201
that results in any injury to or death of the child in out-of-home	202
care or commission of any act by accidental means that results in	203
an injury to or death of a child in out-of-home care and that is	204
at variance with the history given of the injury or death.	205

(31) "Out-of-home care child neglect" means any of the	206
following when committed by a person responsible for the care of a	207
child in out-of-home care:	208

(a) Failure to provide reasonable supervision according to	209
the standards of care appropriate to the age, mental and physical	210
condition, or other special needs of the child;	211

(b) Failure to provide reasonable supervision according to	212
the standards of care appropriate to the age, mental and physical	213
condition, or other special needs of the child, that results in	214
sexual or physical abuse of the child by any person;	215

(c) Failure to develop a process for all of the following:

216

(i) Administration of prescription drugs or psychotropic	217
drugs for the child;	218

(ii) Assuring that the instructions of the licensed physician	219
who prescribed a drug for the child are followed;	220

(iii) Reporting to the licensed physician who prescribed the	221
drug all unfavorable or dangerous side effects from the use of the	222
drug.	223

(d) Failure to provide proper or necessary subsistence,	224
education, medical care, or other individualized care necessary	225
for the health or well-being of the child;	226

(e) Confinement of the child to a locked room without	227
monitoring by staff;	228

(f) Failure to provide ongoing security for all prescription	229
and nonprescription medication;	230

(g) Isolation of a child for a period of time when there is	231
substantial risk that the isolation, if continued, will impair or	232
retard the mental health or physical well-being of the child.	233

(32) "Permanent custody" means a legal status that vests in a	234
public children services agency or a private child placing agency,	235
all parental rights, duties, and obligations, including the right	236
to consent to adoption, and divests the natural parents or	237
adoptive parents of all parental rights, privileges, and	238
obligations, including all residual rights and obligations.	239

(33) "Permanent surrender" means the act of the parents or,	240
if a child has only one parent, of the parent of a child, by a	241
voluntary agreement authorized by section 5103.15 of the Revised	242
Code, to transfer the permanent custody of the child to a public	243
children services agency or a private child placing agency.	244

(34) "Person" means an individual, association, corporation,	245
or partnership and the state or any of its political subdivisions,	246
departments, or agencies.	247

(35) "Person responsible for a child's care in out-of-home	248
care" means any of the following:	249

(a) Any foster caregiver, in-home aide, or provider;

250

(b) Any administrator, employee, or agent of any of the	251
following: a public or private detention facility; shelter	252
facility; certified children's crisis care facility; organization;	253
certified organization; child day-care center; type A family	254
day-care home; licensed type B family day-care home; group home;	255
institution; state institution; residential facility; residential	256
care facility; residential camp; day camp; school district;	257
community school; chartered nonpublic school; educational service	258
center; hospital; or medical clinic;	259

(c) Any person who supervises or coaches children as part of	260
an extracurricular activity sponsored by a school district, public	261
school, or chartered nonpublic school;	262

(d) Any other person who performs a similar function with	263
respect to, or has a similar relationship to, children.	264

(36) "Physically impaired" means having one or more of the	265
following conditions that substantially limit one or more of an	266
individual's major life activities, including self-care, receptive	267
and expressive language, learning, mobility, and self-direction:	268

(a) A substantial impairment of vision, speech, or hearing;

269

(b) A congenital orthopedic impairment;

270

(c) An orthopedic impairment caused by disease, rheumatic	271
fever or any other similar chronic or acute health problem, or	272
amputation or another similar cause.	273

(37) "Placement for adoption" means the arrangement by a	274
public children services agency or a private child placing agency	275
with a person for the care and adoption by that person of a child	276
of whom the agency has permanent custody.	277

(38) "Placement in foster care" means the arrangement by a	278
public children services agency or a private child placing agency	279
for the out-of-home care of a child of whom the agency has	280
temporary custody or permanent custody.	281

(39) "Planned permanent living arrangement" means an order of	282
a juvenile court pursuant to which both of the following apply:	283

(a) The court gives legal custody of a child to a public	284
children services agency or a private child placing agency without	285
the termination of parental rights.	286

(b) The order permits the agency to make an appropriate	287
placement of the child and to enter into a written agreement with	288
a foster care provider or with another person or agency with whom	289
the child is placed.	290

(40) "Practice of social work" and "practice of professional	291
counseling" have the same meanings as in section 4757.01 of the	292
Revised Code.	293

(41) "Private, nonprofit therapeutic wilderness camp" has the	294
same meaning as in section 5103.02 of the Revised Code.	295

(42) "Sanction, service, or condition" means a sanction,	296
service, or condition created by court order following an	297
adjudication that a child is an unruly child that is described in	298
division (A)(4) of section 2152.19 of the Revised Code.	299

(42)(43) "Protective supervision" means an order of	300
disposition pursuant to which the court permits an abused,	301
neglected, dependent, or unruly child to remain in the custody of	302
the child's parents, guardian, or custodian and stay in the	303
child's home, subject to any conditions and limitations upon the	304
child, the child's parents, guardian, or custodian, or any other	305
person that the court prescribes, including supervision as	306
directed by the court for the protection of the child.	307

(43)(44) "Psychiatrist" has the same meaning as in section	308
5122.01 of the Revised Code.	309

(44)(45) "Psychologist" has the same meaning as in section	310
4732.01 of the Revised Code.	311

(45)(46) "Residential camp" means a program in which the	312
care, physical custody, or control of children is accepted	313
overnight for recreational or recreational and educational	314
purposes.	315

(46)(47) "Residential care facility" means an institution,	316
residence, or facility that is licensed by the department of	317
mental health and addiction services under section 5119.34 of the	318
Revised Code and that provides care for a child.	319

(47)(48) "Residential facility" means a home or facility that	320
is licensed by the department of developmental disabilities under	321
section 5123.19 of the Revised Code and in which a child with a	322
developmental disability resides.	323

(48)(49) "Residual parental rights, privileges, and	324
responsibilities" means those rights, privileges, and	325
responsibilities remaining with the natural parent after the	326
transfer of legal custody of the child, including, but not	327
necessarily limited to, the privilege of reasonable visitation,	328
consent to adoption, the privilege to determine the child's	329
religious affiliation, and the responsibility for support.	330

(49)(50) "School day" means the school day established by the	331
board of education of the applicable school district pursuant to	332
section 3313.481 of the Revised Code.	333

(50)(51) "School year" has the same meaning as in section	334
3313.62 of the Revised Code.	335

(51)(52) "Secure correctional facility" means a facility	336
under the direction of the department of youth services that is	337
designed to physically restrict the movement and activities of	338
children and used for the placement of children after adjudication	339
and disposition.	340

(52)(53) "Sexual activity" has the same meaning as in section	341
2907.01 of the Revised Code.	342

(53)(54) "Shelter" means the temporary care of children in	343
physically unrestricted facilities pending court adjudication or	344
disposition.	345

(54)(55) "Shelter for victims of domestic violence" has the	346
same meaning as in section 3113.33 of the Revised Code.	347

(55)(56) "Temporary custody" means legal custody of a child	348
who is removed from the child's home, which custody may be	349
terminated at any time at the discretion of the court or, if the	350
legal custody is granted in an agreement for temporary custody, by	351
the person who executed the agreement.	352

(56)(57) "Traditional response" means a public children	353
services agency's response to a report of child abuse or neglect	354
that encourages engagement of the family in a comprehensive	355
evaluation of the child's current and future safety needs and a	356
fact-finding process to determine whether child abuse or neglect	357
occurred and the circumstances surrounding the alleged harm or	358
risk of harm.	359

(C) For the purposes of this chapter, a child shall be	360
presumed abandoned when the parents of the child have failed to	361
visit or maintain contact with the child for more than ninety	362
days, regardless of whether the parents resume contact with the	363
child after that period of ninety days.	364

Sec. 2151.421.  (A)(1)(a) No person described in division	365
(A)(1)(b) of this section who is acting in an official or	366
professional capacity and knows, or has reasonable cause to	367
suspect based on facts that would cause a reasonable person in a	368
similar position to suspect, that a child under eighteen years of	369
age or a mentally retarded, developmentally disabled, or	370
physically impaired child under twenty-one years of age has	371
suffered or faces a threat of suffering any physical or mental	372
wound, injury, disability, or condition of a nature that	373
reasonably indicates abuse or neglect of the child shall fail to	374
immediately report that knowledge or reasonable cause to suspect	375
to the entity or persons specified in this division. Except as	376
provided in section 5120.173 of the Revised Code, the person	377
making the report shall make it to the public children services	378
agency or a municipal or county peace officer in the county in	379
which the child resides or in which the abuse or neglect is	380
occurring or has occurred. In the circumstances described in	381
section 5120.173 of the Revised Code, the person making the report	382
shall make it to the entity specified in that section.	383

(b) Division (A)(1)(a) of this section applies to any person	384
who is an attorney; physician, including a hospital intern or	385
resident; dentist; podiatrist; practitioner of a limited branch of	386
medicine as specified in section 4731.15 of the Revised Code;	387
registered nurse; licensed practical nurse; visiting nurse; other	388
health care professional; licensed psychologist; licensed school	389
psychologist; independent marriage and family therapist or	390
marriage and family therapist; speech pathologist or audiologist;	391
coroner; administrator or employee of a child day-care center;	392
administrator or employee of a residential camp or, child day	393
camp, or private, nonprofit therapeutic wilderness camp;	394
administrator or employee of a certified child care agency or	395
other public or private children services agency; school teacher;	396
school employee; school authority; person engaged in social work	397
or the practice of professional counseling; agent of a county	398
humane society; person, other than a cleric, rendering spiritual	399
treatment through prayer in accordance with the tenets of a	400
well-recognized religion; employee of a county department of job	401
and family services who is a professional and who works with	402
children and families; superintendent, board member, or employee	403
of a county board of developmental disabilities; investigative	404
agent contracted with by a county board of developmental	405
disabilities; employee of the department of developmental	406
disabilities; employee of a facility or home that provides respite	407
care in accordance with section 5123.171 of the Revised Code;	408
employee of a home health agency; employee of an entity that	409
provides homemaker services; a person performing the duties of an	410
assessor pursuant to Chapter 3107. or 5103. of the Revised Code;	411
or third party employed by a public children services agency to	412
assist in providing child or family related services.	413

(2) Except as provided in division (A)(3) of this section, an	414
attorney or a physician is not required to make a report pursuant	415
to division (A)(1) of this section concerning any communication	416
the attorney or physician receives from a client or patient in an	417
attorney-client or physician-patient relationship, if, in	418
accordance with division (A) or (B) of section 2317.02 of the	419
Revised Code, the attorney or physician could not testify with	420
respect to that communication in a civil or criminal proceeding.	421

(3) The client or patient in an attorney-client or	422
physician-patient relationship described in division (A)(2) of	423
this section is deemed to have waived any testimonial privilege	424
under division (A) or (B) of section 2317.02 of the Revised Code	425
with respect to any communication the attorney or physician	426
receives from the client or patient in that attorney-client or	427
physician-patient relationship, and the attorney or physician	428
shall make a report pursuant to division (A)(1) of this section	429
with respect to that communication, if all of the following apply:	430

(a) The client or patient, at the time of the communication,	431
is either a child under eighteen years of age or a mentally	432
retarded, developmentally disabled, or physically impaired person	433
under twenty-one years of age.	434

(b) The attorney or physician knows, or has reasonable cause	435
to suspect based on facts that would cause a reasonable person in	436
similar position to suspect, as a result of the communication or	437
any observations made during that communication, that the client	438
or patient has suffered or faces a threat of suffering any	439
physical or mental wound, injury, disability, or condition of a	440
nature that reasonably indicates abuse or neglect of the client or	441
patient.	442

(c) The abuse or neglect does not arise out of the client's	443
or patient's attempt to have an abortion without the notification	444
of her parents, guardian, or custodian in accordance with section	445
2151.85 of the Revised Code.	446

(4)(a) No cleric and no person, other than a volunteer,	447
designated by any church, religious society, or faith acting as a	448
leader, official, or delegate on behalf of the church, religious	449
society, or faith who is acting in an official or professional	450
capacity, who knows, or has reasonable cause to believe based on	451
facts that would cause a reasonable person in a similar position	452
to believe, that a child under eighteen years of age or a mentally	453
retarded, developmentally disabled, or physically impaired child	454
under twenty-one years of age has suffered or faces a threat of	455
suffering any physical or mental wound, injury, disability, or	456
condition of a nature that reasonably indicates abuse or neglect	457
of the child, and who knows, or has reasonable cause to believe	458
based on facts that would cause a reasonable person in a similar	459
position to believe, that another cleric or another person, other	460
than a volunteer, designated by a church, religious society, or	461
faith acting as a leader, official, or delegate on behalf of the	462
church, religious society, or faith caused, or poses the threat of	463
causing, the wound, injury, disability, or condition that	464
reasonably indicates abuse or neglect shall fail to immediately	465
report that knowledge or reasonable cause to believe to the entity	466
or persons specified in this division. Except as provided in	467
section 5120.173 of the Revised Code, the person making the report	468
shall make it to the public children services agency or a	469
municipal or county peace officer in the county in which the child	470
resides or in which the abuse or neglect is occurring or has	471
occurred. In the circumstances described in section 5120.173 of	472
the Revised Code, the person making the report shall make it to	473
the entity specified in that section.	474

(b) Except as provided in division (A)(4)(c) of this section,	475
a cleric is not required to make a report pursuant to division	476
(A)(4)(a) of this section concerning any communication the cleric	477
receives from a penitent in a cleric-penitent relationship, if, in	478
accordance with division (C) of section 2317.02 of the Revised	479
Code, the cleric could not testify with respect to that	480
communication in a civil or criminal proceeding.	481

(c) The penitent in a cleric-penitent relationship described	482
in division (A)(4)(b) of this section is deemed to have waived any	483
testimonial privilege under division (C) of section 2317.02 of the	484
Revised Code with respect to any communication the cleric receives	485
from the penitent in that cleric-penitent relationship, and the	486
cleric shall make a report pursuant to division (A)(4)(a) of this	487
section with respect to that communication, if all of the	488
following apply:	489

(i) The penitent, at the time of the communication, is either	490
a child under eighteen years of age or a mentally retarded,	491
developmentally disabled, or physically impaired person under	492
twenty-one years of age.	493

(ii) The cleric knows, or has reasonable cause to believe	494
based on facts that would cause a reasonable person in a similar	495
position to believe, as a result of the communication or any	496
observations made during that communication, the penitent has	497
suffered or faces a threat of suffering any physical or mental	498
wound, injury, disability, or condition of a nature that	499
reasonably indicates abuse or neglect of the penitent.	500

(iii) The abuse or neglect does not arise out of the	501
penitent's attempt to have an abortion performed upon a child	502
under eighteen years of age or upon a mentally retarded,	503
developmentally disabled, or physically impaired person under	504
twenty-one years of age without the notification of her parents,	505
guardian, or custodian in accordance with section 2151.85 of the	506
Revised Code.	507

(d) Divisions (A)(4)(a) and (c) of this section do not apply	508
in a cleric-penitent relationship when the disclosure of any	509
communication the cleric receives from the penitent is in	510
violation of the sacred trust.	511

(e) As used in divisions (A)(1) and (4) of this section,	512
"cleric" and "sacred trust" have the same meanings as in section	513
2317.02 of the Revised Code.	514

(B) Anyone who knows, or has reasonable cause to suspect	515
based on facts that would cause a reasonable person in similar	516
circumstances to suspect, that a child under eighteen years of age	517
or a mentally retarded, developmentally disabled, or physically	518
impaired person under twenty-one years of age has suffered or	519
faces a threat of suffering any physical or mental wound, injury,	520
disability, or other condition of a nature that reasonably	521
indicates abuse or neglect of the child may report or cause	522
reports to be made of that knowledge or reasonable cause to	523
suspect to the entity or persons specified in this division.	524
Except as provided in section 5120.173 of the Revised Code, a	525
person making a report or causing a report to be made under this	526
division shall make it or cause it to be made to the public	527
children services agency or to a municipal or county peace	528
officer. In the circumstances described in section 5120.173 of the	529
Revised Code, a person making a report or causing a report to be	530
made under this division shall make it or cause it to be made to	531
the entity specified in that section.	532

(C) Any report made pursuant to division (A) or (B) of this	533
section shall be made forthwith either by telephone or in person	534
and shall be followed by a written report, if requested by the	535
receiving agency or officer. The written report shall contain:	536

(1) The names and addresses of the child and the child's	537
parents or the person or persons having custody of the child, if	538
known;	539

(2) The child's age and the nature and extent of the child's	540
injuries, abuse, or neglect that is known or reasonably suspected	541
or believed, as applicable, to have occurred or of the threat of	542
injury, abuse, or neglect that is known or reasonably suspected or	543
believed, as applicable, to exist, including any evidence of	544
previous injuries, abuse, or neglect;	545

(3) Any other information that might be helpful in	546
establishing the cause of the injury, abuse, or neglect that is	547
known or reasonably suspected or believed, as applicable, to have	548
occurred or of the threat of injury, abuse, or neglect that is	549
known or reasonably suspected or believed, as applicable, to	550
exist.	551

Any person, who is required by division (A) of this section	552
to report child abuse or child neglect that is known or reasonably	553
suspected or believed to have occurred, may take or cause to be	554
taken color photographs of areas of trauma visible on a child and,	555
if medically indicated, cause to be performed radiological	556
examinations of the child.	557

(D) As used in this division, "children's advocacy center"	558
and "sexual abuse of a child" have the same meanings as in section	559
2151.425 of the Revised Code.	560

(1) When a municipal or county peace officer receives a	561
report concerning the possible abuse or neglect of a child or the	562
possible threat of abuse or neglect of a child, upon receipt of	563
the report, the municipal or county peace officer who receives the	564
report shall refer the report to the appropriate public children	565
services agency.	566

(2) When a public children services agency receives a report	567
pursuant to this division or division (A) or (B) of this section,	568
upon receipt of the report, the public children services agency	569
shall do both of the following:	570

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

571

(b) If the county served by the agency is also served by a	572
children's advocacy center and the report alleges sexual abuse of	573
a child or another type of abuse of a child that is specified in	574
the memorandum of understanding that creates the center as being	575
within the center's jurisdiction, comply regarding the report with	576
the protocol and procedures for referrals and investigations, with	577
the coordinating activities, and with the authority or	578
responsibility for performing or providing functions, activities,	579
and services stipulated in the interagency agreement entered into	580
under section 2151.428 of the Revised Code relative to that	581
center.	582

(E) No township, municipal, or county peace officer shall	583
remove a child about whom a report is made pursuant to this	584
section from the child's parents, stepparents, or guardian or any	585
other persons having custody of the child without consultation	586
with the public children services agency, unless, in the judgment	587
of the officer, and, if the report was made by physician, the	588
physician, immediate removal is considered essential to protect	589
the child from further abuse or neglect. The agency that must be	590
consulted shall be the agency conducting the investigation of the	591
report as determined pursuant to section 2151.422 of the Revised	592
Code.	593

(F)(1) Except as provided in section 2151.422 of the Revised	594
Code or in an interagency agreement entered into under section	595
2151.428 of the Revised Code that applies to the particular	596
report, the public children services agency shall investigate,	597
within twenty-four hours, each report of child abuse or child	598
neglect that is known or reasonably suspected or believed to have	599
occurred and of a threat of child abuse or child neglect that is	600
known or reasonably suspected or believed to exist that is	601
referred to it under this section to determine the circumstances	602
surrounding the injuries, abuse, or neglect or the threat of	603
injury, abuse, or neglect, the cause of the injuries, abuse,	604
neglect, or threat, and the person or persons responsible. The	605
investigation shall be made in cooperation with the law	606
enforcement agency and in accordance with the memorandum of	607
understanding prepared under division (J) of this section. A	608
representative of the public children services agency shall, at	609
the time of initial contact with the person subject to the	610
investigation, inform the person of the specific complaints or	611
allegations made against the person. The information shall be	612
given in a manner that is consistent with division (H)(1) of this	613
section and protects the rights of the person making the report	614
under this section.	615

A failure to make the investigation in accordance with the	616
memorandum is not grounds for, and shall not result in, the	617
dismissal of any charges or complaint arising from the report or	618
the suppression of any evidence obtained as a result of the report	619
and does not give, and shall not be construed as giving, any	620
rights or any grounds for appeal or post-conviction relief to any	621
person. The public children services agency shall report each case	622
to the uniform statewide automated child welfare information	623
system that the department of job and family services shall	624
maintain in accordance with section 5101.13 of the Revised Code.	625
The public children services agency shall submit a report of its	626
investigation, in writing, to the law enforcement agency.	627

(2) The public children services agency shall make any	628
recommendations to the county prosecuting attorney or city	629
director of law that it considers necessary to protect any	630
children that are brought to its attention.	631

(G)(1)(a) Except as provided in division (H)(3) of this	632
section, anyone or any hospital, institution, school, health	633
department, or agency participating in the making of reports under	634
division (A) of this section, anyone or any hospital, institution,	635
school, health department, or agency participating in good faith	636
in the making of reports under division (B) of this section, and	637
anyone participating in good faith in a judicial proceeding	638
resulting from the reports, shall be immune from any civil or	639
criminal liability for injury, death, or loss to person or	640
property that otherwise might be incurred or imposed as a result	641
of the making of the reports or the participation in the judicial	642
proceeding.	643

(b) Notwithstanding section 4731.22 of the Revised Code, the	644
physician-patient privilege shall not be a ground for excluding	645
evidence regarding a child's injuries, abuse, or neglect, or the	646
cause of the injuries, abuse, or neglect in any judicial	647
proceeding resulting from a report submitted pursuant to this	648
section.	649

(2) In any civil or criminal action or proceeding in which it	650
is alleged and proved that participation in the making of a report	651
under this section was not in good faith or participation in a	652
judicial proceeding resulting from a report made under this	653
section was not in good faith, the court shall award the	654
prevailing party reasonable attorney's fees and costs and, if a	655
civil action or proceeding is voluntarily dismissed, may award	656
reasonable attorney's fees and costs to the party against whom the	657
civil action or proceeding is brought.	658

(H)(1) Except as provided in divisions (H)(4) and (N) of this	659
section, a report made under this section is confidential. The	660
information provided in a report made pursuant to this section and	661
the name of the person who made the report shall not be released	662
for use, and shall not be used, as evidence in any civil action or	663
proceeding brought against the person who made the report. Nothing	664
in this division shall preclude the use of reports of other	665
incidents of known or suspected abuse or neglect in a civil action	666
or proceeding brought pursuant to division (M) of this section	667
against a person who is alleged to have violated division (A)(1)	668
of this section, provided that any information in a report that	669
would identify the child who is the subject of the report or the	670
maker of the report, if the maker of the report is not the	671
defendant or an agent or employee of the defendant, has been	672
redacted. In a criminal proceeding, the report is admissible in	673
evidence in accordance with the Rules of Evidence and is subject	674
to discovery in accordance with the Rules of Criminal Procedure.	675

(2) No person shall permit or encourage the unauthorized	676
dissemination of the contents of any report made under this	677
section.	678

(3) A person who knowingly makes or causes another person to	679
make a false report under division (B) of this section that	680
alleges that any person has committed an act or omission that	681
resulted in a child being an abused child or a neglected child is	682
guilty of a violation of section 2921.14 of the Revised Code.	683

(4) If a report is made pursuant to division (A) or (B) of	684
this section and the child who is the subject of the report dies	685
for any reason at any time after the report is made, but before	686
the child attains eighteen years of age, the public children	687
services agency or municipal or county peace officer to which the	688
report was made or referred, on the request of the child fatality	689
review board, shall submit a summary sheet of information	690
providing a summary of the report to the review board of the	691
county in which the deceased child resided at the time of death.	692
On the request of the review board, the agency or peace officer	693
may, at its discretion, make the report available to the review	694
board. If the county served by the public children services agency	695
is also served by a children's advocacy center and the report of	696
alleged sexual abuse of a child or another type of abuse of a	697
child is specified in the memorandum of understanding that creates	698
the center as being within the center's jurisdiction, the agency	699
or center shall perform the duties and functions specified in this	700
division in accordance with the interagency agreement entered into	701
under section 2151.428 of the Revised Code relative to that	702
advocacy center.	703

(5) A public children services agency shall advise a person	704
alleged to have inflicted abuse or neglect on a child who is the	705
subject of a report made pursuant to this section, including a	706
report alleging sexual abuse of a child or another type of abuse	707
of a child referred to a children's advocacy center pursuant to an	708
interagency agreement entered into under section 2151.428 of the	709
Revised Code, in writing of the disposition of the investigation.	710
The agency shall not provide to the person any information that	711
identifies the person who made the report, statements of	712
witnesses, or police or other investigative reports.	713

(I) Any report that is required by this section, other than a	714
report that is made to the state highway patrol as described in	715
section 5120.173 of the Revised Code, shall result in protective	716
services and emergency supportive services being made available by	717
the public children services agency on behalf of the children	718
about whom the report is made, in an effort to prevent further	719
neglect or abuse, to enhance their welfare, and, whenever	720
possible, to preserve the family unit intact. The agency required	721
to provide the services shall be the agency conducting the	722
investigation of the report pursuant to section 2151.422 of the	723
Revised Code.	724

(J)(1) Each public children services agency shall prepare a	725
memorandum of understanding that is signed by all of the	726
following:	727

(a) If there is only one juvenile judge in the county, the	728
juvenile judge of the county or the juvenile judge's	729
representative;	730

(b) If there is more than one juvenile judge in the county, a	731
juvenile judge or the juvenile judges' representative selected by	732
the juvenile judges or, if they are unable to do so for any	733
reason, the juvenile judge who is senior in point of service or	734
the senior juvenile judge's representative;	735

(c) The county peace officer;

736

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

737

(e) Other law enforcement officers handling child abuse and	738
neglect cases in the county;	739

(f) The prosecuting attorney of the county;

740

(g) If the public children services agency is not the county	741
department of job and family services, the county department of	742
job and family services;	743

(h) The county humane society;

744

(i) If the public children services agency participated in	745
the execution of a memorandum of understanding under section	746
2151.426 of the Revised Code establishing a children's advocacy	747
center, each participating member of the children's advocacy	748
center established by the memorandum.	749

(2) A memorandum of understanding shall set forth the normal	750
operating procedure to be employed by all concerned officials in	751
the execution of their respective responsibilities under this	752
section and division (C) of section 2919.21, division (B)(1) of	753
section 2919.22, division (B) of section 2919.23, and section	754
2919.24 of the Revised Code and shall have as two of its primary	755
goals the elimination of all unnecessary interviews of children	756
who are the subject of reports made pursuant to division (A) or	757
(B) of this section and, when feasible, providing for only one	758
interview of a child who is the subject of any report made	759
pursuant to division (A) or (B) of this section. A failure to	760
follow the procedure set forth in the memorandum by the concerned	761
officials is not grounds for, and shall not result in, the	762
dismissal of any charges or complaint arising from any reported	763
case of abuse or neglect or the suppression of any evidence	764
obtained as a result of any reported child abuse or child neglect	765
and does not give, and shall not be construed as giving, any	766
rights or any grounds for appeal or post-conviction relief to any	767
person.	768

(3) A memorandum of understanding shall include all of the	769
following:	770

(a) The roles and responsibilities for handling emergency and	771
nonemergency cases of abuse and neglect;	772

(b) Standards and procedures to be used in handling and	773
coordinating investigations of reported cases of child abuse and	774
reported cases of child neglect, methods to be used in	775
interviewing the child who is the subject of the report and who	776
allegedly was abused or neglected, and standards and procedures	777
addressing the categories of persons who may interview the child	778
who is the subject of the report and who allegedly was abused or	779
neglected.	780

(4) If a public children services agency participated in the	781
execution of a memorandum of understanding under section 2151.426	782
of the Revised Code establishing a children's advocacy center, the	783
agency shall incorporate the contents of that memorandum in the	784
memorandum prepared pursuant to this section.	785

(5) The clerk of the court of common pleas in the county may	786
sign the memorandum of understanding prepared under division	787
(J)(1) of this section. If the clerk signs the memorandum of	788
understanding, the clerk shall execute all relevant	789
responsibilities as required of officials specified in the	790
memorandum.	791

(K)(1) Except as provided in division (K)(4) of this section,	792
a person who is required to make a report pursuant to division (A)	793
of this section may make a reasonable number of requests of the	794
public children services agency that receives or is referred the	795
report, or of the children's advocacy center that is referred the	796
report if the report is referred to a children's advocacy center	797
pursuant to an interagency agreement entered into under section	798
2151.428 of the Revised Code, to be provided with the following	799
information:	800

(a) Whether the agency or center has initiated an	801
investigation of the report;	802

(b) Whether the agency or center is continuing to investigate	803
the report;	804

(c) Whether the agency or center is otherwise involved with	805
the child who is the subject of the report;	806

(d) The general status of the health and safety of the child	807
who is the subject of the report;	808

(e) Whether the report has resulted in the filing of a	809
complaint in juvenile court or of criminal charges in another	810
court.	811

(2) A person may request the information specified in	812
division (K)(1) of this section only if, at the time the report is	813
made, the person's name, address, and telephone number are	814
provided to the person who receives the report.	815

When a municipal or county peace officer or employee of a	816
public children services agency receives a report pursuant to	817
division (A) or (B) of this section the recipient of the report	818
shall inform the person of the right to request the information	819
described in division (K)(1) of this section. The recipient of the	820
report shall include in the initial child abuse or child neglect	821
report that the person making the report was so informed and, if	822
provided at the time of the making of the report, shall include	823
the person's name, address, and telephone number in the report.	824

Each request is subject to verification of the identity of	825
the person making the report. If that person's identity is	826
verified, the agency shall provide the person with the information	827
described in division (K)(1) of this section a reasonable number	828
of times, except that the agency shall not disclose any	829
confidential information regarding the child who is the subject of	830
the report other than the information described in those	831
divisions.	832

(3) A request made pursuant to division (K)(1) of this	833
section is not a substitute for any report required to be made	834
pursuant to division (A) of this section.	835

(4) If an agency other than the agency that received or was	836
referred the report is conducting the investigation of the report	837
pursuant to section 2151.422 of the Revised Code, the agency	838
conducting the investigation shall comply with the requirements of	839
division (K) of this section.	840

(L) The director of job and family services shall adopt rules	841
in accordance with Chapter 119. of the Revised Code to implement	842
this section. The department of job and family services may enter	843
into a plan of cooperation with any other governmental entity to	844
aid in ensuring that children are protected from abuse and	845
neglect. The department shall make recommendations to the attorney	846
general that the department determines are necessary to protect	847
children from child abuse and child neglect.	848

(M) Whoever violates division (A) of this section is liable	849
for compensatory and exemplary damages to the child who would have	850
been the subject of the report that was not made. A person who	851
brings a civil action or proceeding pursuant to this division	852
against a person who is alleged to have violated division (A)(1)	853
of this section may use in the action or proceeding reports of	854
other incidents of known or suspected abuse or neglect, provided	855
that any information in a report that would identify the child who	856
is the subject of the report or the maker of the report, if the	857
maker is not the defendant or an agent or employee of the	858
defendant, has been redacted.	859

(N)(1) As used in this division:

860

(a) "Out-of-home care" includes a nonchartered nonpublic	861
school if the alleged child abuse or child neglect, or alleged	862
threat of child abuse or child neglect, described in a report	863
received by a public children services agency allegedly occurred	864
in or involved the nonchartered nonpublic school and the alleged	865
perpetrator named in the report holds a certificate, permit, or	866
license issued by the state board of education under section	867
3301.071 or Chapter 3319. of the Revised Code.	868

(b) "Administrator, director, or other chief administrative	869
officer" means the superintendent of the school district if the	870
out-of-home care entity subject to a report made pursuant to this	871
section is a school operated by the district.	872

(2) No later than the end of the day following the day on	873
which a public children services agency receives a report of	874
alleged child abuse or child neglect, or a report of an alleged	875
threat of child abuse or child neglect, that allegedly occurred in	876
or involved an out-of-home care entity, the agency shall provide	877
written notice of the allegations contained in and the person	878
named as the alleged perpetrator in the report to the	879
administrator, director, or other chief administrative officer of	880
the out-of-home care entity that is the subject of the report	881
unless the administrator, director, or other chief administrative	882
officer is named as an alleged perpetrator in the report. If the	883
administrator, director, or other chief administrative officer of	884
an out-of-home care entity is named as an alleged perpetrator in a	885
report of alleged child abuse or child neglect, or a report of an	886
alleged threat of child abuse or child neglect, that allegedly	887
occurred in or involved the out-of-home care entity, the agency	888
shall provide the written notice to the owner or governing board	889
of the out-of-home care entity that is the subject of the report.	890
The agency shall not provide witness statements or police or other	891
investigative reports.	892

(3) No later than three days after the day on which a public	893
children services agency that conducted the investigation as	894
determined pursuant to section 2151.422 of the Revised Code makes	895
a disposition of an investigation involving a report of alleged	896
child abuse or child neglect, or a report of an alleged threat of	897
child abuse or child neglect, that allegedly occurred in or	898
involved an out-of-home care entity, the agency shall send written	899
notice of the disposition of the investigation to the	900
administrator, director, or other chief administrative officer and	901
the owner or governing board of the out-of-home care entity. The	902
agency shall not provide witness statements or police or other	903
investigative reports.	904

(O) As used in this section, "investigation" means the public	905
children services agency's response to an accepted report of child	906
abuse or neglect through either an alternative response or a	907
traditional response.	908

Sec. 5103.02.  As used in sections 5103.03 to 5103.17 of the	909
Revised Code:	910

(A)(1) "Association" or "institution" includes all of the	911
following:	912

(a) Any incorporated or unincorporated organization, society,	913
association, or agency, public or private, that receives or cares	914
for children for two or more consecutive weeks;	915

(b) Any individual, including the operator of a foster home,	916
who, for hire, gain, or reward, receives or cares for children for	917
two or more consecutive weeks, unless the individual is related to	918
them by blood or marriage;	919

(c) Any individual not in the regular employ of a court, or	920
of an institution or association certified in accordance with	921
section 5103.03 of the Revised Code, who in any manner becomes a	922
party to the placing of children in foster homes, unless the	923
individual is related to such children by blood or marriage or is	924
the appointed guardian of such children.	925

(2) "Association" or "institution" does not include any of	926
the following:	927

(a) Any organization, society, association, school, agency,	928
child guidance center, detention or rehabilitation facility, or	929
children's clinic licensed, regulated, approved, operated under	930
the direction of, or otherwise certified by the department of	931
education, a local board of education, the department of youth	932
services, the department of mental health and addiction services,	933
or the department of developmental disabilities;	934

(b) Any individual who provides care for only a single-family	935
group, placed there by their parents or other relative having	936
custody;	937

(c) A private, nonprofit therapeutic wilderness camp.

938

(B) "Family foster home" means a foster home that is not a	939
specialized foster home.	940

(C) "Foster caregiver" means a person holding a valid foster	941
home certificate issued under section 5103.03 of the Revised Code.	942

(D) "Foster home" means a private residence in which children	943
are received apart from their parents, guardian, or legal	944
custodian, by an individual reimbursed for providing the children	945
nonsecure care, supervision, or training twenty-four hours a day.	946
"Foster home" does not include care provided for a child in the	947
home of a person other than the child's parent, guardian, or legal	948
custodian while the parent, guardian, or legal custodian is	949
temporarily away. Family foster homes and specialized foster homes	950
are types of foster homes.	951

(E) "Medically fragile foster home" means a foster home that	952
provides specialized medical services designed to meet the needs	953
of children with intensive health care needs who meet all of the	954
following criteria:	955

(1) Under rules adopted by the medicaid director governing	956
medicaid payments for long-term care services, the children	957
require a skilled level of care.	958

(2) The children require the services of a doctor of medicine	959
or osteopathic medicine at least once a week due to the	960
instability of their medical conditions.	961

(3) The children require the services of a registered nurse	962
on a daily basis.	963

(4) The children are at risk of institutionalization in a	964
hospital, skilled nursing facility, or intermediate care facility	965
for individuals with intellectual disabilities.	966

(F) "Private, nonprofit therapeutic wilderness camp" means a	967
structured, alternative residential setting for children who are	968
experiencing emotional, behavioral, moral, social, or learning	969
difficulties at home or school in which all of the following are	970
the case:	971

(1) The children spend the majority of their time, including	972
overnight, either outdoors or in a primitive structure.	973

(2) The children have been placed there by their parents or	974
another relative having custody.	975

(3) The camp accepts no public funds for use in its	976
operations.	977

(G) "Recommending agency" means a public children services	978
agency, private child placing agency, or private noncustodial	979
agency that recommends that the department of job and family	980
services take any of the following actions under section 5103.03	981
of the Revised Code regarding a foster home:	982

(1) Issue a certificate;

983

(2) Deny a certificate;

984

(3) Renew a certificate;

985

(4) Deny renewal of a certificate;

986

(5) Revoke a certificate.

987

(G)(H) "Specialized foster home" means a medically fragile	988
foster home or a treatment foster home.	989

(H)(I) "Treatment foster home" means a foster home that	990
incorporates special rehabilitative services designed to treat the	991
specific needs of the children received in the foster home and	992
that receives and cares for children who are emotionally or	993
behaviorally disturbed, chemically dependent, mentally retarded,	994
developmentally disabled, or who otherwise have exceptional needs.	995

Sec. 5103.50.  (A) As used in this section and sections	996
5103.51 to 5103.55 of the Revised Code, "private, nonprofit	997
therapeutic wilderness camp" has the same meaning as in section	998
5103.02 of the Revised Code.	999

(B) The director of job and family services shall issue a	1000
license to a private, nonprofit therapeutic wilderness camp that	1001
meets the minimum standards for such camps specified in division	1002
(C) of this section and applies to the director for a license on a	1003
form prescribed by the director.	1004

(C) Both of the following apply as the minimum standards to	1005
be met by a private, nonprofit therapeutic wilderness camp:	1006

(1) The camp shall develop and implement a written policy	1007
that establishes all of the following:	1008

(a) Standards for hiring, training, and supervising staff;

1009

(b) Standards for behavioral intervention, including	1010
standards prohibiting the use of prone restraint and governing the	1011
use of other restraints or isolation;	1012

(c) Standards for recordkeeping, including specifying	1013
information that must be included in each child's record, who may	1014
access records, confidentiality, maintenance, security, and	1015
disposal of records;	1016

(d) A procedure for handling complaints about the camp from	1017
the children attending the camp, their families, staff, and the	1018
public;	1019

(e) Standards for emergency and disaster preparedness,	1020
including procedures for emergency evacuation and standards	1021
requiring that a method of emergency communication be accessible	1022
at all times;	1023

(f) Standards that ensure the protection of children's civil	1024
rights;	1025

(g) Standards for the admission and discharge of children	1026
attending the camp, including standards for emergency discharge.	1027

(2) The camp shall cooperate with any request from the	1028
director for an inspection or for access to records or written	1029
policies of the camp.	1030

Sec. 5103.51.  A license issued under section 5103.50 of the	1031
Revised Code is valid for five years, unless earlier revoked by	1032
the director of job and family services. The license may be	1033
renewed.	1034

Each private, nonprofit therapeutic wilderness camp seeking	1035
license renewal shall submit to the director an application for	1036
license renewal on such form as the director prescribes. If the	1037
camp meets the minimum standards specified in section 5103.50 of	1038
the Revised Code, the director shall renew the license.	1039

Sec. 5103.52.  (A) The director of job and family services	1040
may inspect a private, nonprofit therapeutic wilderness camp at	1041
any time. The director may delegate this authority to a county	1042
department of job and family services.	1043

(B) The director may request access to the camp's records or	1044
to the written policies adopted by the camp pursuant to section	1045
5103.50 of the Revised Code. The director may delegate this	1046
authority to a county department of job and family services.	1047

Sec. 5103.53.  A private, nonprofit therapeutic wilderness	1048
camp shall not operate without a license issued under section	1049
5103.50 of the Revised Code. If the director of job and family	1050
services determines that a camp is operating without a license,	1051
the director may petition the court of common pleas in the county	1052
in which the camp is located for an order enjoining its operation.	1053
The court shall grant injunctive relief upon a showing that the	1054
camp is operating without a license.	1055

Sec. 5103.54.  If a licensed private, nonprofit therapeutic	1056
wilderness camp fails to meet the minimum standards set forth in	1057
section 5103.50 of the Revised Code, the director of job and	1058
family services shall notify the camp that the director intends to	1059
revoke the license. Unless the violation poses an imminent risk to	1060
the life, health, or safety of one or more children attending the	1061
camp, the director shall give the camp ninety days to meet the	1062
minimum standards. If the violation poses an imminent risk to the	1063
life, health, or safety of one or more children attending the camp	1064
or the camp fails to meet the minimum standards within ninety days	1065
of receipt of the notice of revocation, the director shall revoke	1066
the license. An order of revocation under this section may be	1067
appealed in accordance with Chapter 119. of the Revised Code.	1068

Sec. 5103.55.  A parent of a child attending a private,	1069
nonprofit therapeutic wilderness camp is not relieved of the	1070
parent's obligations regarding compulsory school attendance	1071
pursuant to section 3321.04 of the Revised Code.	1072

Section 2.  That existing sections 2151.011, 2151.421, and	1073
5103.02 of the Revised Code are hereby repealed.	1074

Section 3.  The amendments to divisions (B)(49) and (50) of	1075
section 2151.011 of the Revised Code by Am. Sub. H.B. 59 of the	1076
130th General Assembly, which appear in this act and are to take	1077
effect on July 1, 2014, are not accelerated by their inclusion in	1078
this act.	1079