The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
As Reported by the Senate Health, Human Services
and Aging Committee
123rd General Assembly
Regular Session
1999-2000 | Am. Sub. H. B. No. 660 |
REPRESENTATIVES WINKLER-SCHURING-ALLEN-BARRETT-BENDER-BRADING-
BRITTON-CALVERT-GRENDELL-HOLLISTER-HOOPS-METTLER-NETZLEY-
O'BRIEN-PATTON-SCHULER-SMITH-SULLIVAN-VAN VYVEN-WILLIAMS-
J. BEATTY-METZGER-KILBANE-PETERSON-VESPER-MYERS-AUSTRIA-
WOMER BENJAMIN-JONES-HEALY-TAYLOR-FORD-MOTTLEY-
MEAD-TIBERI-COLLIER-
SENATORS DRAKE-HAGAN-PRENTISS-SPADA
A BILL
To enact sections 2151.3515, 2151.3516, 2151.3517, 2151.3518,
2151.3519, 2151.3520, 2151.3521, 2151.3522, 2151.3523, 2151.3524,
2151.3525, 2151.3526, 2151.3527, 2151.3528, 2151.3529, and
2151.3530 of the Revised Code to provide that a parent who deserts a child
under 72 hours old in accordance with certain procedures
does not commit
any criminal offense in this state and may not be subject to
criminal prosecution for deserting the child.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2151.3515, 2151.3516, 2151.3517,
2151.3518, 2151.3519, 2151.3520, 2151.3521, 2151.3522, 2151.3523,
2151.3524, 2151.3525, 2151.3526, 2151.3527, 2151.3528, 2151.3529,
and 2151.3530 of the Revised Code be enacted to read as follows:
Sec. 2151.3515. AS USED IN SECTIONS 2151.3515 TO 2151.3530 OF THE
REVISED CODE:
(A) "DESERTED CHILD" MEANS A CHILD WHOSE PARENT
HAS VOLUNTARILY DELIVERED THE CHILD TO AN EMERGENCY
MEDICAL SERVICE WORKER, PEACE OFFICER, OR HOSPITAL EMPLOYEE
WITHOUT EXPRESSING AN INTENT TO RETURN FOR THE CHILD.
(B) "EMERGENCY MEDICAL SERVICE ORGANIZATION," "EMERGENCY MEDICAL
TECHNICIAN-BASIC," "EMERGENCY MEDICAL TECHNICIAN-INTERMEDIATE," "FIRST
RESPONDER," AND "PARAMEDIC" HAVE THE SAME MEANINGS AS IN
SECTION 4765.01 OF THE REVISED CODE.
(C) "EMERGENCY MEDICAL SERVICE WORKER" MEANS A FIRST RESPONDER,
EMERGENCY MEDICAL TECHNICIAN-BASIC, EMERGENCY MEDICAL
TECHNICIAN-INTERMEDIATE, OR PARAMEDIC.
(D) "HOSPITAL" HAS THE SAME MEANING AS IN SECTION 3727.01 OF THE
REVISED CODE.
(E) "HOSPITAL EMPLOYEE" MEANS ANY OF THE FOLLOWING PERSONS:
(1) A PHYSICIAN WHO HAS BEEN GRANTED PRIVILEGES TO PRACTICE AT
THE HOSPITAL;
(2) A NURSE, PHYSICIAN ASSISTANT, OR NURSING ASSISTANT EMPLOYED BY THE
HOSPITAL;
(3) AN AUTHORIZED PERSON EMPLOYED BY THE HOSPITAL WHO IS ACTING
UNDER THE DIRECTION OF A PHYSICIAN DESCRIBED IN DIVISION (E)(1) OF
THIS SECTION.
(F) "LAW ENFORCEMENT AGENCY" MEANS AN ORGANIZATION OR ENTITY MADE
UP OF PEACE OFFICERS.
(G) "NURSE" MEANS A PERSON WHO IS LICENSED UNDER CHAPTER
4723. OF
THE REVISED CODE TO PRACTICE AS A REGISTERED NURSE OR
LICENSED
PRACTICAL NURSE.
(H) "NURSING ASSISTANT" MEANS A PERSON DESIGNATED BY A HOSPITAL
AS A NURSE AIDE OR NURSING ASSISTANT WHOSE JOB IS TO AID NURSES, PHYSICIANS,
AND PHYSICIAN ASSISTANTS IN THE PERFORMANCE OF THEIR DUTIES.
(I) "PEACE OFFICER" MEANS A SHERIFF, DEPUTY SHERIFF, CONSTABLE,
POLICE OFFICER OF A TOWNSHIP OR JOINT TOWNSHIP POLICE DISTRICT, MARSHAL,
DEPUTY MARSHAL, MUNICIPAL POLICE OFFICER, OR A STATE
HIGHWAY PATROL TROOPER.
(J) "PHYSICIAN" AND "PHYSICIAN ASSISTANT" HAVE THE SAME MEANINGS
AS IN SECTION 4730.01 OF THE REVISED CODE.
Sec. 2151.3516. THE FOLLOWING PERSONS, WHILE ACTING IN
AN OFFICIAL CAPACITY, SHALL TAKE POSSESSION OF A CHILD WHO IS
SEVENTY-TWO HOURS OLD OR YOUNGER IF THAT CHILD'S PARENT
HAS VOLUNTARILY DELIVERED THE CHILD TO THAT PERSON WITHOUT
THE PARENT EXPRESSING AN INTENT TO RETURN FOR
THE CHILD:
(A) A PEACE OFFICER ON BEHALF OF THE LAW ENFORCEMENT AGENCY THAT
EMPLOYS THE OFFICER;
(B) A HOSPITAL EMPLOYEE ON BEHALF OF THE HOSPITAL THAT HAS
GRANTED THE PERSON PRIVILEGE TO PRACTICE AT THE HOSPITAL OR THAT
EMPLOYS THE PERSON;
(C) AN EMERGENCY MEDICAL SERVICE WORKER ON BEHALF OF THE
EMERGENCY MEDICAL SERVICE ORGANIZATION THAT EMPLOYS THE WORKER OR FOR
WHICH THE WORKER PROVIDES SERVICES.
Sec. 2151.3517. (A) ON TAKING POSSESSION OF A CHILD PURSUANT TO
SECTION 2151.3516 OF THE REVISED CODE, A LAW ENFORCEMENT
AGENCY,
HOSPITAL, OR EMERGENCY MEDICAL SERVICE ORGANIZATION SHALL DO ALL THE
FOLLOWING:
(1) PERFORM ANY ACT NECESSARY TO PROTECT THE CHILD'S HEALTH OR
SAFETY;
(2) NOTIFY THE PUBLIC CHILDREN SERVICES AGENCY OF THE COUNTY IN
WHICH THE AGENCY, HOSPITAL, OR ORGANIZATION IS LOCATED THAT THE CHILD
HAS BEEN TAKEN INTO POSSESSION;
(3) IF POSSIBLE, MAKE AVAILABLE TO THE PARENT WHO
DELIVERED THE CHILD FORMS DEVELOPED UNDER SECTION 2151.3529 OF THE
REVISED CODE THAT ARE DESIGNED TO GATHER MEDICAL INFORMATION
CONCERNING THE CHILD AND THE CHILD'S PARENTS;
(4) IF POSSIBLE, MAKE AVAILABLE TO THE PARENT WHO
DELIVERED THE CHILD WRITTEN MATERIALS DEVELOPED UNDER SECTION 2151.3529
OF THE REVISED CODE THAT
DESCRIBE SERVICES AVAILABLE TO ASSIST PARENTS AND NEWBORNS;
(5) IF THE CHILD HAS SUFFERED A PHYSICAL OR MENTAL WOUND, INJURY,
DISABILITY, OR CONDITION OF A NATURE THAT REASONABLY INDICATES
ABUSE OR NEGLECT OF THE CHILD, ATTEMPT TO IDENTIFY AND PURSUE THE
PERSON WHO DELIVERED THE CHILD.
(B) AN EMERGENCY MEDICAL SERVICE WORKER WHO TAKES POSSESSION OF A
CHILD SHALL, IN ADDITION TO ANY ACT PERFORMED UNDER DIVISION
(A)(1) OF THIS SECTION, PERFORM ANY MEDICAL SERVICE THE
WORKER IS AUTHORIZED TO PERFORM THAT IS NECESSARY TO PROTECT THE PHYSICAL
HEALTH OR SAFETY OF THE CHILD.
Sec. 2151.3518. ON RECEIPT OF A NOTICE GIVEN PURSUANT TO
SECTION 2151.3517 of the Revised Code
THAT AN
EMERGENCY MEDICAL SERVICE ORGANIZATION, A LAW ENFORCEMENT AGENCY, 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 THAT THE COURT GRANT
TEMPORARY CUSTODY OF THE CHILD TO THE AGENCY OR TO A PRIVATE CHILD PLACING
AGENCY;
(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 REQUIRED BY THE DEPARTMENT OF JOB AND FAMILY SERVICES.
Sec. 2151.3519. WHEN A PUBLIC CHILDREN SERVICES AGENCY FILES A
MOTION PURSUANT TO DIVISION (E) OF SECTION 2151.3518 OF THE
REVISED CODE, THE JUVENILE COURT SHALL HOLD AN
EMERGENCY HEARING AS SOON AS
POSSIBLE TO DETERMINE WHETHER THE CHILD IS A DESERTED CHILD. THE COURT IS
REQUIRED TO 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 OR AT ANY
OTHER HEARING THAT A CHILD IS A DESERTED CHILD, THE COURT SHALL
ADJUDICATE THE CHILD A DESERTED CHILD AND ENTER ITS FINDINGS
IN THE RECORD OF THE CASE.
Sec. 2151.3520. IF A JUVENILE COURT ADJUDICATES A CHILD A
DESERTED CHILD, THE COURT SHALL COMMIT THE CHILD TO THE TEMPORARY
CUSTODY OF A PUBLIC CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING
AGENCY. THE COURT SHALL CONSIDER THE ORDER COMMITTING THE CHILD
TO THE TEMPORARY CUSTODY OF THE AGENCY TO BE AN ORDER OF
DISPOSITION ISSUED UNDER DIVISION (A)(2) OF SECTION 2151.353 OF THE
REVISED
CODE WITH RESPECT TO A CHILD ADJUDICATED
A NEGLECTED CHILD.
Sec. 2151.3521. A COURT THAT ISSUES AN ORDER PURSUANT TO SECTION
2151.3520 OF THE REVISED CODE SHALL TREAT THE CHILD WHO IS
THE
SUBJECT OF THE ORDER THE SAME AS A CHILD ADJUDICATED A NEGLECTED
CHILD WHEN PERFORMING DUTIES UNDER CHAPTER 2151. OF THE
REVISED CODE WITH RESPECT TO THE
CHILD, EXCEPT THAT THERE IS A REBUTTABLE PRESUMPTION THAT IT IS NOT IN THE
CHILD'S BEST INTEREST TO RETURN THE CHILD TO
THE NATURAL PARENTS.
Sec. 2151.3522. A PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE
CHILD PLACING AGENCY THAT RECEIVES TEMPORARY CUSTODY OF A CHILD
ADJUDICATED A DESERTED CHILD 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 ADJUDICATED A NEGLECTED CHILD AND SHALL FOLLOW
THE SAME PROCEDURES UNDER THIS CHAPTER IN PERFORMING THOSE
FUNCTIONS AS IF THE DESERTED CHILD WAS A NEGLECTED CHILD.
Sec. 2151.3523. (A) A PARENT DOES NOT COMMIT A
CRIMINAL OFFENSE UNDER THE LAWS OF THIS STATE AND SHALL NOT BE SUBJECT TO
CRIMINAL PROSECUTION IN THIS STATE FOR THE ACT OF VOLUNTARILY DELIVERING A
CHILD UNDER SECTION 2151.3516 of the Revised Code.
(B) A PERSON WHO DELIVERS OR ATTEMPTS TO DELIVER A CHILD WHO HAS
SUFFERED ANY PHYSICAL OR MENTAL WOUND, INJURY, DISABILITY, OR CONDITION OF A
NATURE THAT REASONABLY
INDICATES ABUSE OR NEGLECT OF THE CHILD IS NOT IMMUNE FROM CIVIL
OR CRIMINAL LIABILITY FOR ABUSE OR NEGLECT.
(C) A PERSON OR GOVERNMENTAL ENTITY THAT TAKES POSSESSION OF A
CHILD PURSUANT TO SECTION 2151.3516 OF THE REVISED CODE OR
TAKES
EMERGENCY TEMPORARY CUSTODY OF AND PROVIDES TEMPORARY EMERGENCY CARE FOR
A CHILD PURSUANT TO SECTION 2151.3518 OF THE REVISED CODE
IS IMMUNE FROM ANY CIVIL LIABILITY THAT MIGHT OTHERWISE BE INCURRED OR IMPOSED
AS A RESULT OF THESE ACTIONS, UNLESS THE
PERSON OR ENTITY HAS ACTED IN BAD FAITH OR WITH MALICIOUS PURPOSE. THE
IMMUNITY PROVIDED BY THIS DIVISION DOES NOT APPLY IF
THE PERSON OR GOVERNMENTAL ENTITY HAS IMMUNITY FROM CIVIL
LIABILITY UNDER SECTION 9.86, 2744.02, OR 2744.03 OF THE REVISED
CODE FOR THE ACTION IN QUESTION.
(D) A PERSON OR GOVERNMENTAL ENTITY THAT TAKES POSSESSION OF A
CHILD PURSUANT TO SECTION 2151.3516 OF THE REVISED CODE OR
TAKES
EMERGENCY TEMPORARY CUSTODY OF AND PROVIDES TEMPORARY EMERGENCY CARE FOR
A CHILD PURSUANT TO SECTION 2151.3518 OF THE REVISED CODE
IS IMMUNE FROM ANY CRIMINAL LIABILITY THAT MIGHT OTHERWISE BE INCURRED OR
IMPOSED AS A RESULT OF THESE ACTIONS, UNLESS THE
PERSON OR ENTITY HAS ACTED IN BAD FAITH OR WITH MALICIOUS PURPOSE.
(E) DIVISIONS (C) AND (D) OF THIS SECTION DO
NOT CREATE A NEW CAUSE OF ACTION OR SUBSTANTIVE LEGAL RIGHT AGAINST A PERSON
OR GOVERNMENTAL ENTITY, AND DO NOT AFFECT ANY IMMUNITIES FROM CIVIL
LIABILITY OR DEFENSES ESTABLISHED BY ANOTHER SECTION OF THE
REVISED CODE OR AVAILABLE AT COMMON LAW, TO WHICH A
PERSON OR GOVERNMENTAL ENTITY MAY BE ENTITLED UNDER CIRCUMSTANCES NOT
COVERED BY THIS SECTION.
Sec. 2151.3524. (A) A PARENT WHO VOLUNTARILY DELIVERS A CHILD
UNDER SECTION 2151.3516 OF THE REVISED CODE HAS THE
ABSOLUTE RIGHT TO
REMAIN ANONYMOUS. THE ANONYMITY OF A PARENT WHO VOLUNTARILY DELIVERS A CHILD
DOES NOT AFFECT ANY DUTY IMPOSED UNDER SECTIONS 2151.3516 OR 2151.3517 OF THE
REVISED CODE. A PARENT WHO VOLUNTARILY DELIVERS A CHILD MAY
LEAVE THE PLACE AT WHICH THE PARENT DELIVERS THE CHILD AT ANY TIME AFTER THE
DELIVERY OF THE CHILD.
(B) NOTWITHSTANDING DIVISION (A) OF THIS SECTION, A
PARENT WHO DELIVERS OR ATTEMPTS TO DELIVER A CHILD WHO HAS SUFFERED ANY
PHYSICAL OR MENTAL WOUND, INJURY, DISABILITY, OR CONDITION OF A NATURE
THAT REASONABLY INDICATES ABUSE OR NEGLECT OF THE CHILD DOES NOT HAVE
THE RIGHT TO REMAIN ANONYMOUS AND MAY BE SUBJECT TO ARREST
PURSUANT TO CHAPTER 2935. OF THE REVISED CODE.
Sec. 2151.3525. A PARENT WHO VOLUNTARILY DELIVERS A CHILD UNDER
SECTION 2151.3516 OF THE REVISED CODE MAY COMPLETE ALL OR
ANY PART
OF THE MEDICAL INFORMATION FORMS THE PARENT RECEIVES UNDER DIVISION
(A)(3) OF SECTION 2151.3517 OF THE REVISED CODE.
THE PARENT MAY DELIVER THE FULLY OR PARTIALLY COMPLETED FORMS AT THE SAME TIME
AS
DELIVERING THE CHILD OR AT A LATER TIME. THE PARENT IS NOT REQUIRED TO
COMPLETE
ALL OR ANY PART OF THE FORMS.
Sec. 2151.3526. A PARENT WHO VOLUNTARILY DELIVERS A CHILD UNDER
SECTION 2151.3516 OF THE REVISED CODE MAY REFUSE TO ACCEPT
THE
MATERIALS MADE AVAILABLE UNDER DIVISION (A)(4) OF SECTION 2151.3517
OF
THE REVISED CODE.
Sec. 2151.3527. (A) NO PERSON DESCRIBED IN SECTION 2151.3516
of the Revised Code SHALL DO THE FOLLOWING WITH
RESPECT TO A PARENT WHO VOLUNTARILY DELIVERS A CHILD UNDER THAT SECTION:
(1) COERCE OR OTHERWISE TRY TO FORCE THE PARENT INTO REVEALING
THE IDENTITY OF THE CHILD'S PARENTS;
(2) PURSUE OR FOLLOW THE PARENT AFTER THE PARENT LEAVES THE PLACE
AT WHICH THE CHILD WAS DELIVERED;
(3) COERCE OR OTHERWISE TRY TO FORCE THE PARENT NOT TO DESERT THE
CHILD;
(4) COERCE OR OTHERWISE TRY TO FORCE THE PARENT TO COMPLETE ALL
OR ANY PART OF THE MEDICAL INFORMATION FORMS RECEIVED UNDER DIVISION
(A)(3) OF SECTION 2151.3517 OF THE REVISED
CODE;
(5) COERCE OR OTHERWISE TRY TO FORCE THE PARENT TO ACCEPT THE
MATERIALS MADE AVAILABLE UNDER DIVISION (A)(4) OF SECTION 2151.3517
OF
THE REVISED CODE.
(B) DIVISIONS (A)(1) AND (2) OF THIS SECTION DO NOT
APPLY TO A
PERSON WHO DELIVERS OR ATTEMPTS TO DELIVER A CHILD WHO HAS
SUFFERED ANY PHYSICAL OR MENTAL WOUND, INJURY, DISABILITY, OR CONDITION OF A
NATURE THAT REASONABLY INDICATES ABUSE OR NEGLECT OF THE CHILD.
Sec. 2151.3528. IF A CHILD IS ADJUDICATED A DESERTED CHILD
AND A PERSON INDICATES TO THE COURT THAT THE PERSON IS THE PARENT
OF THE CHILD AND THAT THE PERSON SEEKS TO BE REUNITED WITH
THE CHILD, THE COURT THAT ADJUDICATED THE CHILD SHALL REQUIRE THE
PERSON, AT THE PERSON'S EXPENSE, TO SUBMIT TO A DNA TEST TO VERIFY
THAT THE PERSON IS A PARENT OF THE CHILD.
Sec. 2151.3529. (A) THE DIRECTOR OF JOB AND
FAMILY SERVICES SHALL PROMULGATE FORMS DESIGNED TO GATHER PERTINENT MEDICAL
INFORMATION CONCERNING A DESERTED CHILD AND THE CHILD'S PARENTS. THE FORMS
SHALL CLEARLY AND UNAMBIGUOUSLY STATE ON EACH PAGE THAT THE
INFORMATION REQUESTED IS TO FACILITATE MEDICAL CARE FOR
THE CHILD, THAT THE FORMS MAY BE FULLY OR PARTIALLY COMPLETED OR
LEFT BLANK, THAT COMPLETING THE FORMS OR PARTS OF THE FORMS IS
COMPLETELY VOLUNTARY, AND THAT NO ADVERSE LEGAL CONSEQUENCE WILL
RESULT FROM FAILURE TO COMPLETE ANY PART OF THE FORMS.
(B) THE DIRECTOR SHALL PROMULGATE WRITTEN MATERIALS TO BE
GIVEN TO THE PARENTS OF A CHILD DELIVERED PURSUANT TO SECTION 2151.3516
OF THE REVISED CODE. THE MATERIALS SHALL DESCRIBE SERVICES
AVAILABLE TO ASSIST PARENTS AND NEWBORNS AND SHALL INCLUDE
INFORMATION DIRECTLY RELEVANT TO SITUATIONS THAT MIGHT CAUSE
PARENTS TO DESERT A CHILD AND INFORMATION ON THE PROCEDURES FOR A
PERSON TO FOLLOW IN ORDER TO REUNITE WITH A CHILD THE PERSON
DELIVERED UNDER SECTION 2151.3516 of the Revised Code, INCLUDING NOTICE
THAT THE PERSON WILL BE REQUIRED TO SUBMIT TO A DNA TEST, AT THAT
PERSON'S EXPENSE, TO PROVE THAT THE PERSON IS THE PARENT OF THE
CHILD.
Sec. 2151.3530. THE DIRECTOR OF JOB AND FAMILY SERVICES SHALL
DISTRIBUTE THE MEDICAL INFORMATION FORMS AND WRITTEN
MATERIALS PROMULGATED UNDER SECTION 2151.3529 of the Revised Code TO ENTITIES PERMITTED TO
RECEIVE A DESERTED CHILD, TO
PUBLIC CHILDREN SERVICES AGENCIES, AND TO OTHER PUBLIC OR PRIVATE
AGENCIES THAT, IN THE DISCRETION OF THE DIRECTOR, ARE BEST ABLE TO
DISSEMINATE THE FORMS AND MATERIALS TO THE PERSONS WHO ARE MOST IN
NEED OF THE FORMS AND MATERIALS.
|