To amend sections 2919.21 and 2919.22 and to enact sections 2151.032, 2151.351, 2151.3515, 4765.34, and 5153.164 of the Revised Code to provide a procedure for deserting a child who is under 30 days old and to provide an affirmative defense to a charge of nonsupport or endangering children for a parent who deserts pursuant to that procedure a child who is under 30 days old.

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

Sec. 2151.032. AS USED IN THIS CHAPTER:

(A) "DESERTED CHILD" MEANS A CHILD WHOSE PARENT, PARENTS, OR DESIGNEE OF THE PARENT OR PARENTS, HAVE VOLUNTARILY DELIVERED TO AN EMERGENCY MEDICAL SERVICE ORGANIZATION UNDER SECTION 4765.34 OF THE REVISED CODE, A PEACE OFFICER, OR A HOSPITAL WITHOUT EXPRESSING AN INTENT TO RETURN FOR THE CHILD. A DESERTED CHILD IS A NEGLECTED CHILD.

(B) "EMERGENCY MEDICAL SERVICE ORGANIZATION" HAS THE SAME MEANING AS IN SECTION 4765.01 OF THE REVISED CODE.

(C) "PEACE OFFICER" HAS THE SAME MEANING AS IN SECTION 2935.01 of the Revised Code.

(D) "HOSPITAL" HAS THE SAME MEANING AS IN SECTION 2108.01 of the Revised Code.

Sec. 2151.351. (A) IF A PUBLIC CHILDREN SERVICES AGENCY FILES A MOTION PURSUANT TO DIVISION (A) OF SECTION 5153.164 OF THE REVISED CODE WITH A JUVENILE COURT REQUESTING TEMPORARY CUSTODY OF AN ALLEGED DESERTED CHILD, THE COURT SHALL HOLD AN EMERGENCY HEARING AS SOON AS POSSIBLE TO DETERMINE IF THE CHILD IS A DESERTED CHILD. THE COURT SHALL GIVE NOTICE TO THE PARENTS OF THE CHILD ONLY IF THE COURT HAS KNOWLEDGE OF THE NAMES OF THE PARENTS. IF THE COURT DETERMINES AT THE INITIAL HEARING HELD UNDER THIS DIVISION OR AT ANY OTHER HEARING HELD UNDER THIS DIVISION THAT A CHILD IS A DESERTED CHILD, THE COURT SHALL ADJUDICATE THE CHILD A NEGLECTED CHILD AND ENTER ITS FINDINGS IN THE RECORD OF THE CASE.

(B) IF A JUVENILE COURT ADJUDICATES A CHILD A NEGLECTED CHILD UNDER DIVISION (A) OF THIS SECTION, THE COURT SHALL COMMIT THE CHILD TO THE TEMPORARY CUSTODY OF A PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD PLACING AGENCY.

(C) IF THE COURT ADJUDICATES A CHILD A NEGLECTED CHILD UNDER DIVISION (A) OF THIS SECTION, THE COURT MAY MAKE ANY OF THE ORDERS OF DISPOSITION PERMITTED UNDER SECTION 2151.353 OF THE REVISED CODE FOR THE DESERTED CHILD EXCEPT THAT THERE IS A REBUTTABLE PRESUMPTION THAT THE COURT SHOULD NOT PLACE THE CHILD WITH THE NATURAL PARENTS OR RELATIVES OF THAT CHILD.

(D) A PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD PLACING AGENCY THAT RECEIVES TEMPORARY CUSTODY OF A DESERTED CHILD PURSUANT TO THIS SECTION SHALL PREPARE CASE PLANS, CONDUCT INVESTIGATIONS, CONDUCT PERIODIC ADMINISTRATIVE REVIEWS OF CASE PLANS, AND PROVIDE SERVICES FOR THE DESERTED CHILD AS IF THE CHILD WERE A NEGLECTED CHILD WHO IS NOT A DESERTED CHILD AND SHALL FOLLOW THE SAME PROCEDURES UNDER THIS CHAPTER IN PERFORMING THOSE FUNCTIONS AS IF THE DESERTED CHILD IS A NEGLECTED CHILD WHO IS NOT A DESERTED CHILD.

Sec. 2151.3515. (A) A PEACE OFFICER OR AN EMPLOYEE OF A HOSPITAL SHALL TAKE POSSESSION OF A CHILD WHO IS THIRTY DAYS OLD OR YOUNGER IF THAT CHILD'S PARENT OR DESIGNEE HAS VOLUNTARILY DELIVERED THAT CHILD TO THAT PERSON WITHOUT THE PARENT OR DESIGNEE EXPRESSING AN INTENT TO RETURN FOR THE CHILD.

(B) UPON TAKING POSSESSION OF A CHILD PURSUANT TO THIS SECTION, A PEACE OFFICER OR EMPLOYEE OF A HOSPITAL SHALL NOTIFY THE PUBLIC CHILDREN SERVICES AGENCY OF THE COUNTY IN WHICH THE PERSON IS LOCATED THAT THE PERSON HAS TAKEN POSSESSION OF THE CHILD.

(C) AS USED IN THIS SECTION:

(1) "PEACE OFFICER" HAS THE SAME MEANING AS IN SECTION 2935.01 of the Revised Code.

(2) "HOSPITAL" HAS THE SAME MEANING AS IN SECTION 2108.01 of the Revised Code.

Sec. 2919.21. (A) No person shall DESERT, abandon, or fail to provide adequate support to:

(1) The person's spouse, as required by law;

(2) The person's child who is under age eighteen, or mentally or physically handicapped child who is under age twenty-one;

(3) The person's aged or infirm parent or adoptive parent, who from lack of ability and means is unable to provide adequately for the parent's own support.

(B) No person shall DESERT, abandon, or fail to provide support as established by a court order to, another person whom, by court order or decree, the person is legally obligated to support.

(C) No person shall aid, abet, induce, cause, encourage, or contribute to a child or a ward of the juvenile court becoming a dependent child, as defined in section 2151.04 of the Revised Code, or a neglected child, as defined in section 2151.03 of the Revised Code.

(D) It is an affirmative defense to a charge of failure to provide adequate support under division (A) of this section or a charge of failure to provide support established by a court order under division (B) of this section that the accused was unable to provide adequate support or the established support but did provide the support that was within the accused's ability and means.

(E) It is an affirmative defense to a charge under division (A)(3) of this section that the parent abandoned the accused or failed to support the accused as required by law, while the accused was under age eighteen, or was mentally or physically handicapped and under age twenty-one.

(F) It is not a defense to a charge under division (B) of this section that the person whom a court has ordered the accused to support is being adequately supported by someone other than the accused.

(G) IT IS AN AFFIRMATIVE DEFENSE TO ANY CHARGE UNDER THIS SECTION INVOLVING THE DESERTION OF A CHILD WHO IS THIRTY DAYS OLD OR YOUNGER THAT THE ACCUSED, PURSUANT TO SECTION 2151.3515 OR 4765.34 of the Revised Code, VOLUNTARILY DELIVERED THE CHILD TO AN EMERGENCY MEDICAL SERVICE ORGANIZATION, PEACE OFFICER, OR HOSPITAL WITHOUT EXPRESSING AN INTENT TO RETURN FOR THE CHILD.

(H)(1) Except as otherwise provided in this division, whoever violates division (A) or (B) of this section is guilty of nonsupport of dependents, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to a violation of division (A)(2) or (B) of this section or if the offender has failed to provide support under division (A)(2) or (B) of this section for a total accumulated period of twenty-six weeks out of one hundred four consecutive weeks, whether or not the twenty-six weeks were consecutive, then a violation of division (A)(2) or (B) of this section is a felony of the fifth degree. If the offender previously has been convicted of or pleaded guilty to a felony violation of this section, a violation of division (A)(2) or (B) of this section is a felony of the fourth degree. If the offender is guilty of nonsupport of dependents by reason of failing to provide support to the offender's child as required by a child support order issued on or after April 15, 1985, pursuant to section 2151.23, 2151.231, 2151.232, 2151.33, 3105.21, 3109.05, 3111.13, 3113.04, 3113.31, or 3115.31 of the Revised Code, the court, in addition to any other sentence imposed, shall assess all court costs arising out of the charge against the person and require the person to pay any reasonable attorney's fees of any adverse party other than the state, as determined by the court, that arose in relation to the charge.

(2) Whoever violates division (C) of this section is guilty of contributing to the nonsupport of dependents, a misdemeanor of the first degree. Each day of violation of division (C) of this section is a separate offense.

Sec. 2919.22. (A) No person, who is the parent, guardian, custodian, person having custody or control, or person in loco parentis of a child under eighteen years of age or a mentally or physically handicapped child under twenty-one years of age, shall create a substantial risk to the health or safety of the child, by violating a duty of care, protection, or support. It is not a violation of a duty of care, protection, or support under this division when the parent, guardian, custodian, or person having custody or control of a child treats the physical or mental illness or defect of the child by spiritual means through prayer alone, in accordance with the tenets of a recognized religious body. IT IS NOT A VIOLATION UNDER THIS DIVISION OF A DUTY OF CARE, PROTECTION, OR SUPPORT OF A CHILD WHEN THE PARENT OF A CHILD WHO IS THIRTY DAYS OLD OR YOUNGER OR THE PARENT'S DESIGNEE, PURSUANT TO SECTION 2151.3515 OR 4765.34 of the Revised Code, VOLUNTARILY DELIVERS THE CHILD TO AN EMERGENCY MEDICAL SERVICE ORGANIZATION, PEACE OFFICER, OR HOSPITAL WITHOUT EXPRESSING AN INTENT TO RETURN FOR THE CHILD.

(B) No person shall do any of the following to a child under eighteen years of age or a mentally or physically handicapped child under twenty-one years of age:

(1) Abuse the child;

(2) Torture or cruelly abuse the child;

(3) Administer corporal punishment or other physical disciplinary measure, or physically restrain the child in a cruel manner or for a prolonged period, which punishment, discipline, or restraint is excessive under the circumstances and creates a substantial risk of serious physical harm to the child;

(4) Repeatedly administer unwarranted disciplinary measures to the child, when there is a substantial risk that such conduct, if continued, will seriously impair or retard the child's mental health or development;

(5) Entice, coerce, permit, encourage, compel, hire, employ, use, or allow the child to act, model, or in any other way participate in, or be photographed for, the production, presentation, dissemination, or advertisement of any material or performance that the offender knows or reasonably should know is obscene, is sexually oriented matter, or is nudity-oriented matter.

(C)(1) No person shall operate a vehicle, streetcar, or trackless trolley within this state in violation of division (A) of section 4511.19 of the Revised Code when one or more children under eighteen years of age are in the vehicle, streetcar, or trackless trolley. Notwithstanding any other provision of law, a person may be convicted at the same trial or proceeding of a violation of this division and a violation of division (A) of section 4511.19 of the Revised Code that constitutes the basis of the charge of the violation of this division. For purposes of section 4511.191 of the Revised Code and all related provisions of law, a person arrested for a violation of this division shall be considered to be under arrest for operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse or for operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine.

(2) As used in division (C)(1) of this section, "vehicle," "streetcar," and "trackless trolley" have the same meanings as in section 4511.01 of the Revised Code.

(D)(1) Division (B)(5) of this section does not apply to any material or performance that is produced, presented, or disseminated for a bona fide medical, scientific, educational, religious, governmental, judicial, or other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, member of the clergy, prosecutor, judge, or other person having a proper interest in the material or performance.

(2) Mistake of age is not a defense to a charge under division (B)(5) of this section.

(3) In a prosecution under division (B)(5) of this section, the trier of fact may infer that an actor, model, or participant in the material or performance involved is a juvenile if the material or performance, through its title, text, visual representation, or otherwise, represents or depicts the actor, model, or participant as a juvenile.

(4) As used in this division and division (B)(5) of this section:

(a) "Material," "performance," "obscene," and "sexual activity" have the same meanings as in section 2907.01 of the Revised Code.

(b) "Nudity-oriented matter" means any material or performance that shows a minor in a state of nudity and that, taken as a whole by the average person applying contemporary community standards, appeals to prurient interest.

(c) "Sexually oriented matter" means any material or performance that shows a minor participating or engaging in sexual activity, masturbation, or bestiality.

(E)(1) Whoever violates this section is guilty of endangering children.

(2) If the offender violates division (A) or (B)(1) of this section, endangering children is one of the following:

(a) Except as otherwise provided in division (E)(2)(b), (c), or (d) of this section, a misdemeanor of the first degree;

(b) If the offender previously has been convicted of an offense under this section or of any offense involving neglect, abandonment, contributing to the delinquency of, or physical abuse of a child, except as otherwise provided in division (E)(2)(c) or (d) of this section, a felony of the fourth degree;

(c) If the violation is a violation of division (A) of this section and results in serious physical harm to the child involved, a felony of the third degree;

(d) If the violation is a violation of division (B)(1) of this section and results in serious physical harm to the child involved, a felony of the second degree.

(3) If the offender violates division (B)(2), (3), or (4) of this section, except as otherwise provided in this division, endangering children is a felony of the third degree. If the violation results in serious physical harm to the child involved, or if the offender previously has been convicted of an offense under this section or of any offense involving neglect, abandonment, contributing to the delinquency of, or physical abuse of a child, endangering children is a felony of the second degree.

(4) If the offender violates division (B)(5) of this section, endangering children is a felony of the second degree.

(5) If the offender violates division (C) of this section, the offender shall be punished as follows:

(a) Except as otherwise provided in division (E)(5)(b) or (c) of this section, endangering children in violation of division (C) of this section is a misdemeanor of the first degree.

(b) If the violation results in serious physical harm to the child involved or the offender previously has been convicted of an offense under this section or any offense involving neglect, abandonment, contributing to the delinquency of, or physical abuse of a child, except as otherwise provided in division (E)(5)(c) of this section, endangering children in violation of division (C) of this section is a felony of the fifth degree.

(c) If the violation results in serious physical harm to the child involved and if the offender previously has been convicted of a violation of division (C) of this section, section 2903.06 or 2903.08 of the Revised Code, section 2903.07 of the Revised Code as it existed prior to the effective date of this amendment, or section 2903.04 of the Revised Code in a case in which the offender was subject to the sanctions described in division (D) of that section, endangering children in violation of division (C) of this section is a felony of the fourth degree.

(d) In addition to any term of imprisonment, fine, or other sentence, penalty, or sanction it imposes upon the offender pursuant to division (E)(5)(a), (b), or (c) of this section or pursuant to any other provision of law, the court also may impose upon the offender one or both of the following sanctions:

(i) It may require the offender, as part of the offender's sentence and in the manner described in division (F) of this section, to perform not more than two hundred hours of supervised community service work under the authority of any agency, political subdivision, or charitable organization of the type described in division (F)(1) of section 2951.02 of the Revised Code, provided that the court shall not require the offender to perform supervised community service work under this division unless the offender agrees to perform the supervised community service work.

(ii) It may suspend the driver's or commercial driver's license or permit or nonresident operating privilege of the offender for up to ninety days, in addition to any suspension or revocation of the offender's driver's or commercial driver's license or permit or nonresident operating privilege under Chapter 4506., 4507., 4509., or 4511. of the Revised Code or under any other provision of law.

(e) In addition to any term of imprisonment, fine, or other sentence, penalty, or sanction imposed upon the offender pursuant to division (E)(5)(a), (b), (c), or (d) of this section or pursuant to any other provision of law for the violation of division (C) of this section, if as part of the same trial or proceeding the offender also is convicted of or pleads guilty to a separate charge charging the violation of division (A) of section 4511.19 of the Revised Code that was the basis of the charge of the violation of division (C) of this section, the offender also shall be sentenced, in accordance with section 4511.99 of the Revised Code, for that violation of division (A) of section 4511.19 of the Revised Code and also shall be subject to all other sanctions that are required or authorized by any provision of law for that violation of division (A) of section 4511.19 of the Revised Code.

(F)(1)(a) If a court, pursuant to division (E)(5)(d)(i) of this section, requires an offender to perform supervised community service work under the authority of an agency, subdivision, or charitable organization, the requirement shall be part of the community control sanction or sentence of the offender, and the court shall impose the community service in accordance with and subject to divisions (F)(1)(a) and (b) of this section. The court may require an offender whom it requires to perform supervised community service work as part of the offender's community control sanction or sentence to pay the court a reasonable fee to cover the costs of the offender's participation in the work, including, but not limited to, the costs of procuring a policy or policies of liability insurance to cover the period during which the offender will perform the work. If the court requires the offender to perform supervised community service work as part of the offender's community control sanction or sentence, the court shall do so in accordance with the following limitations and criteria:

(i) The court shall require that the community service work be performed after completion of the term of imprisonment imposed upon the offender for the violation of division (C) of this section, if applicable.

(ii) The supervised community service work shall be subject to the limitations set forth in divisions (F)(1)(a) to (c) of section 2951.02 of the Revised Code.

(iii) The community service work shall be supervised in the manner described in division (F)(1)(d) of section 2951.02 of the Revised Code by an official or person with the qualifications described in that division. The official or person periodically shall report in writing to the court concerning the conduct of the offender in performing the work.

(iv) The court shall inform the offender in writing that if the offender does not adequately perform, as determined by the court, all of the required community service work, the court may order that the offender be committed to a jail or workhouse for a period of time that does not exceed the term of imprisonment that the court could have imposed upon the offender for the violation of division (C) of this section, reduced by the total amount of time that the offender actually was imprisoned under the sentence or term that was imposed upon the offender for that violation and by the total amount of time that the offender was confined for any reason arising out of the offense for which the offender was convicted and sentenced as described in sections 2949.08 and 2967.191 of the Revised Code, and that, if the court orders that the offender be so committed, the court is authorized, but not required, to grant the offender credit upon the period of the commitment for the community service work that the offender adequately performed.

(b) If a court, pursuant to this division and division (E)(5)(d)(i) of this section, orders an offender to perform community service work as part of the offender's community control sanction or sentence and if the offender does not adequately perform all of the required community service work, as determined by the court, the court may order that the offender be committed to a jail or workhouse for a period of time that does not exceed the term of imprisonment that the court could have imposed upon the offender for the violation of division (C) of this section, reduced by the total amount of time that the offender actually was imprisoned under the sentence or term that was imposed upon the offender for that violation and by the total amount of time that the offender was confined for any reason arising out of the offense for which the offender was convicted and sentenced as described in sections 2949.08 and 2967.191 of the Revised Code. The court may order that a person committed pursuant to this division shall receive hour-for-hour credit upon the period of the commitment for the community service work that the offender adequately performed. No commitment pursuant to this division shall exceed the period of the term of imprisonment that the sentencing court could have imposed upon the offender for the violation of division (C) of this section, reduced by the total amount of time that the offender actually was imprisoned under that sentence or term and by the total amount of time that the offender was confined for any reason arising out of the offense for which the offender was convicted and sentenced as described in sections 2949.08 and 2967.191 of the Revised Code.

(2) Divisions (E)(5)(d)(i) and (F)(1) of this section do not limit or affect the authority of the court to suspend the sentence imposed upon a misdemeanor offender and place the offender on probation or otherwise suspend the sentence pursuant to sections 2929.51 and 2951.02 of the Revised Code, to require the misdemeanor offender, as a condition of the offender's probation or of otherwise suspending the offender's sentence, to perform supervised community service work in accordance with division (F) of section 2951.02 of the Revised Code, or to place a felony offender under a community control sanction.

(G)(1) If a court suspends an offender's driver's or commercial driver's license or permit or nonresident operating privilege under division (E)(5)(d)(ii) of this section, the period of the suspension shall be consecutive to, and commence after, the period of suspension or revocation of the offender's driver's or commercial driver's license or permit or nonresident operating privilege that is imposed under Chapter 4506., 4507., 4509., or 4511. of the Revised Code or under any other provision of law in relation to the violation of division (C) of this section that is the basis of the suspension under division (E)(5)(d)(ii) of this section or in relation to the violation of division (A) of section 4511.19 of the Revised Code that is the basis for that violation of division (C) of this section.

(2) An offender is not entitled to request, and the court shall not grant to the offender, occupational driving privileges under division (G) of this section if the offender's license, permit, or privilege has been suspended under division (E)(5)(d)(ii) of this section and the offender, within the preceding seven years, has been convicted of or pleaded guilty to three or more violations of one or more of the following:

(a) Division (C) of this section;

(b) Division (A) or (B) of section 4511.19 of the Revised Code;

(c) A municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse;

(d) A municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine;

(e) Section 2903.04 of the Revised Code in a case in which the offender was subject to the sanctions described in division (D) of that section;

(f) Division (A)(1) of section 2903.06 or division (A)(1) of section 2903.08 of the Revised Code or a municipal ordinance that is substantially similar to either of those divisions;

(g) Division (A)(2), (3), or (4) of section 2903.06, division (A)(2) of section 2903.08, or former section 2903.07 of the Revised Code, or a municipal ordinance that is substantially similar to any of those divisions or that former section, in a case in which the jury or judge found that the offender was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse;

(h) A statute of the United States or of any other state or a municipal ordinance of a municipal corporation located in any other state that is substantially similar to division (A) or (B) of section 4511.19 of the Revised Code.

(3) Any other offender who is not described in division (G)(2) of this section and whose license, permit, or nonresident operating privilege has been suspended under division (E)(5)(d)(ii) of this section may file with the sentencing court a petition alleging that the suspension would seriously affect the offender's ability to continue employment. Upon satisfactory proof that there is reasonable cause to believe that the suspension would seriously affect the offender's ability to continue employment, the court may grant the offender occupational driving privileges during the period during which the suspension otherwise would be imposed, except that the court shall not grant occupational driving privileges for employment as a driver of commercial motor vehicles to any person who is disqualified from operating a commercial motor vehicle under section 2301.374 or 4506.16 of the Revised Code.

(H)(1) If a person violates division (C) of this section and if, at the time of the violation, there were two or more children under eighteen years of age in the motor vehicle involved in the violation, the offender may be convicted of a violation of division (C) of this section for each of the children, but the court may sentence the offender for only one of the violations.

(2)(a) If a person is convicted of or pleads guilty to a violation of division (C) of this section but the person is not also convicted of and does not also plead guilty to a separate charge charging the violation of division (A) of section 4511.19 of the Revised Code that was the basis of the charge of the violation of division (C) of this section, both of the following apply:

(i) For purposes of the provisions of section 4511.99 of the Revised Code that set forth the penalties and sanctions for a violation of division (A) of section 4511.19 of the Revised Code, the conviction of or plea of guilty to the violation of division (C) of this section shall not constitute a violation of division (A) of section 4511.19 of the Revised Code;

(ii) For purposes of any provision of law that refers to a conviction of or plea of guilty to a violation of division (A) of section 4511.19 of the Revised Code and that is not described in division (H)(2)(a)(i) of this section, the conviction of or plea of guilty to the violation of division (C) of this section shall constitute a conviction of or plea of guilty to a violation of division (A) of section 4511.19 of the Revised Code.

(b) If a person is convicted of or pleads guilty to a violation of division (C) of this section and the person also is convicted of or pleads guilty to a separate charge charging the violation of division (A) of section 4511.19 of the Revised Code that was the basis of the charge of the violation of division (C) of this section, the conviction of or plea of guilty to the violation of division (C) of this section shall not constitute, for purposes of any provision of law that refers to a conviction of or plea of guilty to a violation of division (A) of section 4511.19 of the Revised Code, a conviction of or plea of guilty to a violation of division (A) of section 4511.19 of the Revised Code.

(I) As used in this section, "community control sanction" has the same meaning as in section 2929.01 of the Revised Code.

Sec. 4765.34. (A) A FIRST RESPONDER, EMERGENCY MEDICAL TECHNICIAN-BASIC, EMERGENCY MEDICAL TECHNICIAN-INTERMEDIATE, OR PARAMEDIC, ON BEHALF OF AN EMERGENCY MEDICAL SERVICE ORGANIZATION, SHALL TAKE POSSESSION OF A CHILD WHO IS THIRTY DAYS OLD OR YOUNGER IF THAT CHILD'S PARENT OR DESIGNEE HAS VOLUNTARILY DELIVERED THAT CHILD TO THAT PERSON WITHOUT THE PARENT OR DESIGNEE EXPRESSING AN INTENT TO RETURN FOR THE CHILD.

(B) A PERSON WHO TAKES POSSESSION OF A CHILD PURSUANT TO DIVISION (A) OF THIS SECTION SHALL PERFORM ANY ACT OR PERFORM ANY EMERGENCY MEDICAL SERVICE THAT IS NECESSARY TO PROTECT THE PHYSICAL HEALTH AND SAFETY OF THE CHILD AND THAT SECTION 4765.35, 4765.37, 4765.38, OR 4765.39 OF THE REVISED CODE AUTHORIZES THE PERSON TO PERFORM.

(C) UPON TAKING POSSESSION OF A CHILD PURSUANT TO THIS SECTION, AN EMERGENCY MEDICAL SERVICE ORGANIZATION SHALL NOTIFY THE PUBLIC CHILDREN SERVICES AGENCY OF THE COUNTY IN WHICH THE ORGANIZATION IS LOCATED THAT THE EMERGENCY MEDICAL SERVICE ORGANIZATION HAS TAKEN POSSESSION OF THE CHILD.

Sec. 5153.164. ON RECEIPT OF A NOTICE GIVEN PURSUANT TO SECTION 2151.3515 OR DIVISION (C) OF SECTION 4765.34 of the Revised Code THAT AN EMERGENCY MEDICAL SERVICE ORGANIZATION, PEACE OFFICER, OR HOSPITAL HAS TAKEN POSSESSION OF A CHILD AND IN ACCORDANCE WITH RULES OF THE DEPARTMENT OF JOB AND FAMILY SERVICES, A PUBLIC CHILDREN SERVICES AGENCY SHALL DO ALL OF THE FOLLOWING:

(A) CONSIDER THE CHILD TO BE IN NEED OF PUBLIC CARE AND PROTECTIVE SERVICES;

(B) ACCEPT AND TAKE EMERGENCY TEMPORARY CUSTODY OF THE CHILD;

(C) PROVIDE TEMPORARY EMERGENCY CARE FOR THE CHILD, WITHOUT AGREEMENT OR COMMITMENT;

(D) MAKE AN INVESTIGATION CONCERNING THE CHILD;

(E) FILE A MOTION WITH THE JUVENILE COURT OF THE COUNTY IN WHICH THE AGENCY IS LOCATED REQUESTING THE COURT TO GRANT THE AGENCY TEMPORARY CUSTODY OF THE CHILD;

(F) PROVIDE ANY CARE FOR THE CHILD THAT THE PUBLIC CHILDREN SERVICES AGENCY CONSIDERS TO BE IN THE BEST INTEREST OF THE CHILD, INCLUDING PLACING THE CHILD IN SHELTER CARE;

(G) PROVIDE ANY CARE AND PERFORM ANY DUTIES THAT ARE REQUIRED OF PUBLIC CHILDREN SERVICES AGENCIES UNDER SECTION 5153.16 OF THE REVISED CODE.

(H) PREPARE AND KEEP WRITTEN RECORDS OF THE INVESTIGATION OF THE CHILD, OF THE CARE AND TREATMENT AFFORDED THE CHILD, AND ANY OTHER RECORDS THAT ARE REQUIRED BY THE DEPARTMENT OF JOB AND FAMILY SERVICES.