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Am. Sub. S. B. No. 221As Passed by the House
As Passed by the House
124th General Assembly | Regular Session | 2001-2002 |
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SENATORS Goodman, Mumper, Ryan, Coughlin, DiDonato, Furney, Hagan, Brady, Spada, Randy Gardner, Fingerhut, Harris, Jacobson, Mallory, Prentiss
REPRESENTATIVES Mason, Sykes, Brown, Grendell, Otterman, Hughes, Redfern, Distel, D. Miller, Cirelli, Kearns, Rhine, Allen, Krupinski, Metzger, DeBose, Salerno, Key, Beatty, Woodard, Sferra, Womer Benjamin, Fedor, Coates, Latell, Webster, Setzer, Reidelbach, White, Hollister, Niehaus, Peterson, Calvert, Gilb, Schuring, Latta, Carmichael, Seitz, Sullivan, Barrett, Britton, Flannery, Hoops, Driehaus, Callender, Raga, Lendrum, Perry
A BILL
To amend sections 109.73, 959.99, 1717.06, and
2151.421 and to enact
sections 959.131 and 959.132
of the Revised Code to prohibit
specified acts with
respect to a companion animal,
to
establish a
procedure for the care of an
impounded companion
animal during
the pendency of
charges
against a
person who violates the
prohibition, to require
training for humane agents, and to provide for the
reporting by
county humane society agents of abuse
or neglect of children.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.73, 959.99, 1717.06, and
2151.421 be amended and
sections
959.131 and 959.132 of
the
Revised Code be enacted to
read as follows:
Sec. 109.73. (A) The Ohio peace officer training
commission
shall recommend rules to the attorney general with respect to all
of the following: (1) The approval, or revocation of approval, of peace
officer training schools administered by the state, counties,
municipal corporations, public school districts, technical
college
districts, and the department of natural resources; (2) Minimum courses of study, attendance requirements, and
equipment and facilities to be required at approved state,
county,
municipal, and department of natural resources peace
officer
training schools; (3) Minimum qualifications for instructors at approved
state, county, municipal, and department of natural resources
peace officer training schools; (4) The requirements of minimum basic training that peace
officers appointed to probationary terms shall complete before
being eligible for permanent appointment, which requirements
shall
include a minimum of fifteen hours of training in the
handling of
the offense of domestic violence, other types of
domestic
violence-related offenses and incidents, and protection
orders and
consent agreements issued or approved under section
2919.26 or
3113.31 of the Revised Code, a minimum of six hours of
crisis
intervention training, and a specified amount of training
in the
handling of missing children and child abuse and neglect
cases,
and the time within which such basic training shall be
completed
following such appointment to a probationary term; (5) The requirements of minimum basic training that peace
officers not appointed for probationary terms but appointed on
other than a permanent basis shall complete in order to be
eligible for continued employment or permanent appointment, which
requirements shall include a minimum of fifteen hours of training
in the handling of the offense of domestic violence, other types
of domestic violence-related offenses and incidents, and
protection orders and consent agreements issued or approved under
section 2919.26 or 3113.31 of the Revised Code, a minimum of six
hours of crisis intervention training, and a specified amount of
training in the handling of missing children and child abuse and
neglect cases, and the time within which such basic training
shall
be completed following such appointment on other than a
permanent
basis; (6) Categories or classifications of advanced in-service
training programs for peace officers, including programs in the
handling of the offense of domestic violence, other types of
domestic violence-related offenses and incidents, and protection
orders and consent agreements issued or approved under section
2919.26 or 3113.31 of the Revised Code, in crisis intervention,
and in the handling of missing children and child abuse and
neglect cases, and minimum courses of study and attendance
requirements with respect to such categories or classifications; (7) Permitting persons who are employed as members of a
campus police department appointed under section 1713.50 of the
Revised Code, who are employed as police officers by a qualified
nonprofit corporation police department pursuant to section
1702.80 of the Revised Code, or who are appointed and
commissioned
as railroad police officers or hospital
police officers
pursuant
to sections 4973.17 to 4973.22 of the Revised Code to
attend
approved peace officer training schools, including the
Ohio peace
officer training academy, and to receive certificates
of
satisfactory completion of basic training programs, if the
private
college or university that established the campus police
department, qualified nonprofit corporation police department,
railroad company, or hospital sponsoring the police
officers pays
the entire cost of the training and certification
and if trainee
vacancies are available; (8) Permitting undercover drug agents to attend approved
peace officer training schools, other than the Ohio peace officer
training academy, and to receive certificates of satisfactory
completion of basic training programs, if, for each undercover
drug agent, the county, township, or municipal corporation that
employs that undercover drug agent pays the entire cost of the
training and certification; (9)(a) The requirements for basic training programs for
bailiffs and deputy bailiffs of courts of record of this state
and
for criminal investigators employed by the state public
defender
that those persons shall complete before they may carry
a firearm
while on duty; (b) The requirements for any training received by a
bailiff
or deputy bailiff of a court of record of this state or
by a
criminal investigator employed by the state public defender
prior
to June 6, 1986, that is to be considered equivalent to the
training described in division (A)(9)(a) of this section. (10) Establishing minimum qualifications and requirements
for certification for dogs utilized by law enforcement agencies; (11) Establishing minimum requirements for certification
of
persons who are employed as correction officers in a
full-service
jail, five-day facility, or eight-hour holding
facility or who
provide correction services in such a jail or
facility; (12) Establishing requirements for the training of agents of a county humane society under section 1717.06 of the Revised Code, including, without limitation, a requirement that the agents receive instruction on traditional animal husbandry methods and training techniques, including customary owner-performed practices. (B) The commission shall appoint an executive director,
with
the approval of the attorney general, who shall hold office
during
the pleasure of the commission. The executive
director shall
perform such duties as may be assigned by the
commission. The
executive director
shall receive a salary fixed pursuant to
Chapter 124. of the
Revised Code and reimbursement for expenses
within the amounts
available by appropriation. The executive
director may appoint
officers, employees, agents, and consultants
as the executive
director considers
necessary, prescribe their
duties, and provide for reimbursement
of their expenses within the
amounts available for reimbursement
by appropriation and with the
approval of the
commission. (C) The commission may do all of the following: (1) Recommend studies, surveys, and reports to be made by
the executive director regarding the carrying out of the
objectives and purposes of sections 109.71 to 109.77 of the
Revised Code; (2) Visit and inspect any peace officer training school
that
has been approved by the executive director or for which
application for approval has been made; (3) Make recommendations, from time to time, to the
executive director, the attorney general, and the general
assembly
regarding the carrying out of the purposes of sections
109.71 to
109.77 of the Revised Code; (4) Report to the attorney general from time to time, and
to
the governor and the general assembly at least annually,
concerning the activities of the commission; (5) Establish fees for the services the commission
offers
under sections 109.71 to 109.79 of the Revised Code, including,
but not limited to, fees for training, certification, and
testing.; (6) Perform such other acts as are necessary or
appropriate
to carry out the powers and duties of the
commission as
set forth
in sections 109.71 to 109.77 of the Revised Code.
(D) In establishing the requirements, under division (A)(12) of this section, the commission may consider any portions of the curriculm for instruction on the topic of animal husbandry practices, if any, of the Ohio state university college of veterinary medicine. No person or entity that fails to provide instruction on traditional animal husbandry methods and training techniques, including customary owner-performed practices, shall qualify to train a humane agent for appointment under section 1717.06 of the Revised Code.
Sec. 959.131. (A) As used in this section: (1) "Companion animal" means any
animal that is kept
inside
a residential dwelling and any dog or cat regardless of where it
is kept. "Companion animal" does not include livestock or any wild
animal.
(2) "Cruelty," "torment,"
and "torture" have the same
meanings as
in section 1717.01 of the Revised
Code.
(3) "Residential dwelling" means a structure or shelter or
the portion of a structure or shelter that is used by one or more
humans for the purpose of a habitation. (4) "Practice of veterinary medicine" has the same meaning
as
in section
4741.01 of the Revised Code. (5) "Wild animal" has the same meaning as in section 1531.01
of the Revised Code.
(6) "Federal animal welfare act" means the "Laboratory
Animal Act of 1966," Pub. L. No. 89-544, 80 Stat. 350 (1966), 7
U.S.C.A. 2131 et seq., as amended by the "Animal Welfare Act of
1970," Pub. L. No. 91-579, 84 Stat. 1560 (1970), the "Animal
Welfare Act Amendments of 1976," Pub. L. No. 94-279, 90 Stat. 417
(1976), and the "Food Security Act of 1985," Pub. L. No. 99-198,
99 Stat. 1354 (1985), and as it may be subsequently amended.
(B) No person shall knowingly
torture, torment, needlessly
mutilate or
maim, cruelly beat, poison, needlessly
kill, or commit
an act of
cruelty
against a companion animal.
(C) No person who
confines or who is the custodian or
caretaker of
a companion animal shall negligently do
any of the
following:
(1) Torture, torment, needlessly mutilate or maim,
cruelly
beat, poison, needlessly kill, or
commit an act of cruelty against
the companion animal; (2) Deprive the companion animal of necessary sustenance,
confine the companion animal without supplying it during the
confinement with sufficient quantities of good, wholesome food and
water, or impound or confine the companion animal without
affording it, during the impoundment or confinement, with access
to shelter from heat, cold, wind, rain, snow, or excessive direct
sunlight, if it can reasonably be expected that the companion
animal would become sick or suffer in any other way as a result of
or due to the deprivation, confinement, or impoundment or
confinement in any of those specified manners. (D) Divisions (B) and (C) of this section do not apply to
any of the following: (1) A companion animal used in scientific research conducted
by an institution in accordance with the federal animal welfare
act and related regulations; (2) The lawful practice of veterinary medicine by a person
who has been issued a license, temporary permit, or registration
certificate to do so under Chapter 4741. of the Revised Code; (3) Dogs being used or intended for use for hunting or field
trial purposes, provided that the dogs are being treated in
accordance with usual and commonly accepted practices for the care
of hunting dogs; (4) The use of common training devices, if the companion
animal is being treated in accordance with usual and commonly
accepted practices for the training of animals;
(5) The administering of medicine to a companion animal that
was properly prescribed by a person who has been issued a license,
temporary permit, or registration certificate under Chapter 4741.
of the Revised Code. (E) Notwithstanding any section of the Revised Code that
otherwise provides for the distribution of fine moneys, the clerk
of court shall forward all fines the clerk collects that are so
imposed for any
violation of this section
to the treasurer of the
political subdivision or the state, whose county humane society or
law enforcement agency is to be paid the fine money as determined
under this division. The
treasurer to whom the fines are forwarded
shall pay the fine moneys to the county humane
society or the
county, township, municipal corporation, or state law enforcement
agency in this state that primarily was responsible for or
involved in
the investigation and prosecution of
the violation.
If
a county humane society receives any fine moneys under this
division, the county
humane society shall use the fine
moneys to
provide the training
that is required for humane agents
under
section 1717.06 of the
Revised Code.
Sec. 959.132. (A) As used in this section:
(1) "Agent of a county humane society" means a person
appointed by a county humane society pursuant to section 1717.06
of the Revised Code.
(2)
"Companion animal" has the same meaning as in section
959.131 of the Revised Code. (3) "Impounding agency" means the county humane society,
animal shelter, or law enforcement agency that, in accordance with
division (B) or (C) of this section, either has impounded a
companion animal or has made regular visits to the place where a
companion animal is kept to determine whether it is provided with
necessities.
(4) "Officer" means any law enforcement officer, agent of a
county humane society, dog warden, assistant dog warden, or other
person appointed to act as an animal control officer for a county,
municipal corporation, or township in accordance with state law,
an ordinance, or a resolution.
(B) Except as otherwise provided in this division, an
officer
may impound a companion animal if the officer
has probable
cause to believe that it or other
companion animals
that are kept
by the same person
on the premises are the
subject
of a
violation
of section 959.131
of the Revised Code and
if the
officer has
lawful access to the
companion animal at the
time of
the
impoundment. The officer
shall give written notice of
the
impoundment by posting the notice
on the door of the residence
on
the premises at which the companion animal was
impounded, by
giving it in person to the owner, custodian,
or caretaker of the
companion animal, or by otherwise
posting the
notice in a
conspicuous place on the premises where
the companion
animal was
seized. No officer or impounding agency shall impound a companion
animal that is the subject of a violation of section 959.131 of
the Revised Code in a shelter owned, operated, or controlled by a
board of county commissioners pursuant to Chapter 955. of the
Revised Code unless the board, by resolution, authorizes the
impoundment of companion animals in a shelter owned, operated, or
controlled by that board and has executed, in the case when the
officer is other than a dog warden or assistant dog warden, a
contract specifying the terms and conditions of the impoundment. (C) If charges are filed under section 959.131 of the
Revised Code against the
custodian or caretaker of a
companion
animal, but the
companion animal that is
the subject of
the
charges is not
impounded, the court in which the charges
are
pending may order
the
owner or person having custody of the
companion animal to
provide
to the companion animal the
necessities described in
divisions
(C)(2) to (6) of section
959.131 of the Revised Code until the
final disposition of the
charges.
If the court issues an order of
that nature, the court
also may
authorize an officer or another
person
to visit the place
where
the companion animal is
being
kept, at the times and under
the
conditions that the court may
set, to
determine whether the
companion animal is
receiving those
necessities and to remove and
impound the companion
animal if the
companion animal
is not
receiving those necessities. (D) An owner, custodian, or caretaker of one or
more
companion animals that have been impounded under this section
may
file a written request for a hearing with the clerk of the
court
in which charges are pending that were filed under section
959.131
of the Revised Code and that involve the impounded
companion
animals. If a hearing is requested, the court shall
conduct a
hearing not later than twenty-one days following receipt
of the
request. At the hearing, the impounding agency has the
burden of
proving by a preponderance of the evidence that probable
cause
exists to find that the defendant is guilty of a violation
of
section 959.131 of the Revised Code, unless probable cause has
previously been established in a judicial proceeding, in which
case the court shall take notice that probable cause exists and
shall not require further proof of probable cause. A hearing that
is
conducted
under division (D) of this section shall be combined
whenever
possible with any hearing involving the same pending
charges that
is authorized and conducted under division (E) of
this section. If the court finds at the conclusion of the hearing that
probable cause does not exist for finding that the defendant
committed a violation and that the defendant otherwise has a right
to possession of the impounded companion animals, the court shall
order the animals to be returned to the defendant. If the court finds at the conclusion of the hearing that
probable cause exists for finding the defendant guilty of a
violation with respect to one or more of the impounded companion
animals, the court shall do one of the following with respect to
each impounded companion animal: (1) Allow the impounding agency to retain custody of the
companion animal pending resolution of the underlying charges; (2) Order the companion animal to be returned to the
defendant under any conditions and restrictions that the court
determines are appropriate to ensure that the companion animal
receives humane and adequate care and treatment. (E)(1) At any time that one or more charges are pending
under
section 959.131 of the Revised Code,
an impounding
agency
may
file
a motion in the
court in which the
charges are pending
requesting
that
the defendant post a deposit
to cover the costs of
caring,
during the pendency of the charges, for
any impounded
companion
animals seized or removed from the defendant's custody
if the
reasonably necessary projected costs of the care that will
be
provided prior to the final resolution of the charges are
estimated to be in excess of one thousand five hundred dollars.
The
motion shall be
accompanied by an
affidavit that sets forth an
estimate
of the
reasonably necessary costs that the impounding
agency expects
to
incur in providing that care, which may include,
but are not
limited to, the necessary cost of
veterinary care,
medications,
food, water, and
board for the
companion animals
during the pendency
of
the charges. (2) Within ten days after the date on which a motion
is
filed under division (E)(1) of this section, the court
shall
conduct a hearing. Except as otherwise provided in division
(E)(5) of this section, at the hearing,
the impounding
agency has
the
burden of proving by a preponderance of the evidence that
there
is
probable cause to find
that the defendant is guilty of a
violation
of
section 959.131 of the Revised Code, unless probable
cause has previously been established in a judicial proceeding, in
which case the court shall take notice that probable cause exists
and shall not require further proof of probable cause, and that
the
reasonably
necessary cumulative costs of caring during the
pendency of the
charges for the companion animals seized or
removed from the
defendant's custody or control are reasonably
projected to exceed
one thousand five hundred dollars. (3) If the court finds at the conclusion of the hearing that
probable cause does not exist for finding that the defendant
committed a violation of section 959.131 of the Revised Code and
that the defendant otherwise has a right to possession of the
companion animals, the court shall order the animals to be
returned to the defendant. If the court finds at the conclusion
of the hearing that probable cause exists for finding that the
defendant committed a violation of that section, but that the
reasonably necessary costs for caring during the pendency of the
charges for the companion animals seized or removed from the
defendant's custody or control are reasonably projected to be one
thousand five hundred dollars or less, the court shall deny
the
petitioner's motion to require the defendant to pay a deposit. If the court finds at the conclusion of the hearing that
probable
cause exists for finding the defendant guilty of the
violation with respect to one or more of the impounded companion
animals and for determining that the reasonably necessary
projected costs of caring for the companion animals exceed one
thousand five hundred dollars during the pendency of the charges,
the court shall
do one of
the following: (a) Order the defendant to post a deposit with the clerk of
the
court in a form and in an amount that the court determines is
sufficient to
cover the cost of care of the
companion animals
from the date of impoundment
until the date of
the
disposition of
the charges; (b) Order one or more of the companion animals to be
returned to the
defendant under any conditions and
restrictions
that the court
determines to be appropriate to ensure that the
companion animals
receive humane and adequate care and treatment;
(c) Deny the motion of the impounding agency requesting
the defendant to post a deposit, but permit the impounding agency
to retain custody of one or more of the companion animals pending
resolution of
the underlying charges. (4) The court may order the defendant to forfeit the right
of possession and ownership in one or more of the companion
animals to the
impounding agency if the defendant fails to comply
with the
conditions set forth in an order of the court that is
rendered
under division (E)(3) of this section. If the order that
was not complied with required the defendant to post a deposit,
forfeiture of the companion animals relieves the defendant of any
further obligation to post the deposit. (5)(a) A hearing that is conducted under division (D) of this
section shall be combined whenever possible with any hearing
involving the same pending charges that is authorized and
conducted under division (E) of this section. However, division
(E)(5)(b) of this section applies when both of the hearings are
conducted and combining them is not possible. (b) At a hearing conducted under division (E) of this
section, an impounding agency shall not be required to prove that
there is probable cause to find that the defendant is guilty of a
violation of section 959.131 of the Revised Code if the court
already has made a finding concerning probable cause at a separate
hearing conducted under division (D) of this section. In such an
event, the probable cause finding made at the hearing conducted
under division (D) of this section shall be used for purposes of
the hearing conducted under division (E) of this section.
(F)(1) If the defendant is found guilty of
violating
section 959.131 of the Revised Code or any other offense relating
to the care or treatment of a companion animal and the defendant
posted a deposit pursuant to division (E) of this section, the
court shall
determine the amount of the reasonably necessary
costs that the
impounding agency incurred in caring for the
companion animal
during the pendency of the charges. The court
shall order the
clerk of the court to pay that amount of the
deposit to the impounding agency and to dispose of any amount
of
the deposit that
exceeds that amount
in the
following order:
(a) Pay any fine imposed on the defendant relative to the
violation; (b) Pay any costs ordered against the defendant relative to
the
violation;
(c) Return any remaining amount to the defendant. (2) If the defendant is found not guilty of violating
section 959.131 of the Revised Code or any other offense relating
to the care or treatment of a companion animal, the court shall
order the clerk of court to return the entire amount of the
deposit to the defendant, and the impounding agency shall return
the companion
animal to the defendant. If the companion animal
cannot be
returned, the
court
shall order the impounding agency to
pay to
the defendant an
amount determined by the court to be equal
to the
reasonable
market value of the companion animal at the time
that it was
impounded
plus statutory interest as defined in
section
1343.03
of the
Revised Code from the date of the
impoundment.
In
determining the
reasonable market value of the
companion
animal,
the court may
consider the condition of the
companion
animal at
the time that the
companion animal was
impounded and any
change in the
condition of
the companion animal
after it was
impounded. (G) An impounding agency that impounds a companion animal
under this section shall pay a person who provides veterinary care
to the companion animal during the impoundment for the cost of the
veterinary care regardless of whether the impounding agency is
reimbursed for the payment under this section or section 959.99 of
the Revised Code.
Sec. 959.99. (A) Whoever violates section
959.01, 959.18,
or 959.19 of the Revised Code is guilty of a minor misdemeanor. (B) Except as otherwise provided in this division,
whoever
violates section 959.02 of the Revised Code is guilty of a
misdemeanor of
the second degree. If the value of the animal
killed or the
injury done amounts to three hundred dollars or
more, whoever
violates section 959.02 of the Revised Code is
guilty of a
misdemeanor of the first degree. (C) Whoever violates section 959.03, 959.06, 959.12,
959.15,
or 959.17 of the Revised Code is guilty of a misdemeanor
of the
fourth degree. (D) Whoever violates division (A) of section 959.13 of the
Revised Code is guilty of a misdemeanor of the second degree. In
addition, the court may order the offender to forfeit the animal
or livestock and may provide for its disposition, including, but
not limited to, the sale of the animal or livestock. If an
animal
or livestock is forfeited and sold pursuant to this
division, the
proceeds from the sale first shall be applied to
pay the expenses
incurred with regard to the care of the animal
from the time it
was taken from the custody of the former owner.
The balance of the
proceeds from the sale, if any, shall be paid
to the former owner
of the animal. (E)(1) Whoever violates division (B) of
section
959.131 of
the Revised Code is guilty of a misdemeanor of the
first degree on
a first
offense and a felony of the
fifth degree
on each
subsequent offense.
(2) Whoever violates section 959.01 of the Revised Code or
division (C) of
section
959.131 of
the Revised Code is guilty of a
misdemeanor of the
second
degree
on a first offense and a
misdemeanor of the first
degree on each
subsequent offense.
(3)(a) A court may order a person who is convicted of or
pleads
guilty to
a violation of section 959.131 of the Revised
Code
to
forfeit to an impounding agency, as defined in section
959.132 of
the Revised Code, any or all of the companion animals
in that
person's ownership or care. The court also may prohibit
or place
limitations on the person's ability to own or care for
any
companion animals for a specified or indefinite period of
time. (b) A court may order a person who is convicted of or
pleads guilty to a violation of section 959.131 of the Revised
Code to reimburse an impounding agency for the reasonably
necessary costs incurred by the agency for the care of a companion
animal that the agency impounded as a result of the investigation
or prosecution of the violation, provided that the costs were not
otherwise paid under section 959.132 of the Revised Code.
(4) If a court has reason to believe that a person who is
convicted of or
pleads guilty to a violation
of section 959.131 of
the Revised Code
suffers from a mental or emotional
disorder that
contributed to the violation,
the court may impose
as a community
control sanction or as a condition of probation a
requirement that
the offender undergo psychological evaluation or
counseling. The
court shall order the offender to pay the costs
of the evaluation
or counseling. (F) Whoever violates section 959.14 of the Revised Code is
guilty of a misdemeanor of the second degree on a first offense
and
a misdemeanor of the first degree on each subsequent offense. (F)(G) Whoever violates section 959.05 or 959.20 of the
Revised Code is guilty of a misdemeanor of the first degree.
(G)(H) Whoever violates section 959.16 of the Revised Code
is
guilty of a felony of the fourth degree for a first offense and
a felony of
the third degree on each subsequent offense.
Sec. 1717.06. A county humane society organized under
section 1717.05 of the Revised Code may appoint agents, who are
residents of the county or municipal corporation for which the
appointment is made, for the purpose of prosecuting any person
guilty of an act of cruelty to persons or animals. Such agents
may arrest any person found violating
sections 1717.01 to
1717.14,
inclusive, of the Revised Code,
this chapter or any other law for
protecting
persons or animals or preventing acts of cruelty
thereto. Upon
making
such
an arrest the agent forthwith shall
convey the person
arrested before some court or magistrate having
jurisdiction of
the offense, and there make complaint against
him
the person on
oath or affirmation of the offense. All appointments of agents under this section shall be
approved by the mayor of the municipal corporation for which they
are made. If the society exists outside a municipal corporation,
such appointments shall be approved by the probate judge of the
county for which they are made.
Such
The mayor or probate judge
shall
keep a record of such appointments. In order to qualify for appointment as a humane agent under
this section, a person first shall successfully complete a
minimum
of twenty hours of training on issues relating to the
investigation and prosecution of cruelty to and neglect of
animals. The training shall comply with rules recommended by the
peace officer training commission under section 109.73 of the
Revised Code and shall include, without limitation, instruction
regarding animal husbandry practices as described in division
(A)(12) of that section. A person who has been
appointed as a
humane agent
under this section prior to the
effective date of
this amendment
may continue to act as a humane
agent for a period
of time on and
after the effective date of this
amendment without
completing the
training. However, on or before
December 31, 2004,
a person who
has been appointed as a humane
agent under this
section prior to
the effective date of this
amendment shall
successfully complete
the training described in this paragraph
and submit
proof of its successful completion to the
appropriate
appointing
mayor or probate judge in order to continue
to act as a
humane
agent after December 31, 2004.
An agent of a county humane society only has the specific
authority granted to the agent under this section and section
1717.08 of the Revised Code.
Sec. 2151.421. (A)(1)(a) No person described in division
(A)(1)(b) of this section who is acting in an
official or
professional capacity and knows or suspects that a child under
eighteen years of age or a mentally
retarded, developmentally
disabled, or physically impaired child under
twenty-one years of
age has suffered or faces a
threat of suffering any physical or
mental wound, injury,
disability, or condition of a nature that
reasonably indicates
abuse or neglect of the child, shall fail to
immediately report
that knowledge or suspicion to the public
children services agency or a municipal or
county peace officer in
the county in which the child resides or
in which the abuse or
neglect is occurring or has occurred. (b) Division (A)(1)(a)
of this section applies to any person
who is an attorney;
physician, including a hospital intern or
resident; dentist;
podiatrist; practitioner of a limited branch of
medicine
as specified in section 4731.15 of the Revised
Code;
registered nurse;
licensed practical nurse; visiting nurse; other
health care
professional; licensed psychologist; licensed school
psychologist; speech pathologist or audiologist; coroner;
administrator or employee of a child day-care center;
administrator or
employee of a residential camp or child day camp;
administrator or employee of a certified child care agency or
other public or private children services agency; school
teacher;
school employee; school authority; person engaged in
social work
or the practice of professional counseling;
agent of a county
humane society; or a
person rendering spiritual treatment through
prayer in
accordance with the tenets of a well-recognized
religion.
(2) An attorney or a physician is not required to make a
report
pursuant
to division (A)(1) of this section concerning any
communication
the attorney or physician
receives from a
client or
patient in an attorney-client or physician-patient
relationship,
if, in accordance with division (A) or (B)
of section
2317.02 of
the Revised Code, the attorney or physician could not
testify with
respect to that communication in a civil or criminal proceeding,
except that the client or patient is deemed to have waived any
testimonial
privilege under division (A) or (B) of section 2317.02
of the
Revised
Code with respect to that communication and the
attorney or physician
shall
make a report pursuant to division
(A)(1) of this section with
respect to that communication, if all
of the following apply: (a) The client or patient, at the time of the communication,
is
either a child under eighteen years of age or a
mentally
retarded, developmentally disabled, or
physically impaired person
under twenty-one
years of age. (b) The attorney or physician knows or suspects, as a result
of the
communication or any observations made during that
communication,
that the client or patient has suffered or faces a
threat of suffering
any
physical or mental wound, injury,
disability, or condition of a
nature that reasonably indicates
abuse or neglect of the client or
patient. (c) The attorney-client or physician-patient relationship
does not
arise out of
the client's or patient's attempt to have an
abortion without the
notification
of her parents, guardian, or
custodian in accordance with section
2151.85 of the Revised Code. (B) Anyone, who knows or suspects that a child under
eighteen years of age or a mentally
retarded, developmentally
disabled, or physically impaired person
under twenty-one years of
age has suffered or faces a
threat of suffering any physical or
mental wound, injury,
disability, or other condition of a nature
that reasonably
indicates abuse or neglect of the child, may
report or cause
reports to be made of that knowledge or suspicion
to the public
children services agency or to a municipal
or
county
peace officer. (C) Any report made pursuant to division (A) or (B) of
this
section shall be made forthwith either by telephone or in person
and shall be followed by a written report, if requested
by the
receiving agency or officer. The written report shall
contain: (1) The names and addresses of the child and the child's
parents
or the person or persons having custody of the child, if
known; (2) The child's age and the nature and extent of the
child's
known or suspected injuries, abuse, or neglect or of the
known or
suspected threat of injury, abuse, or neglect, including
any
evidence of previous injuries, abuse, or neglect; (3) Any other information that might be helpful in
establishing the cause of the known or suspected injury, abuse,
or
neglect or of the known or suspected threat of injury, abuse,
or
neglect. Any person, who is required by division (A) of this section
to report known or suspected child abuse or child neglect, may
take or cause to be taken color photographs of areas of trauma
visible on a child and, if medically indicated, cause to be
performed radiological examinations of the child. (D)(1) Upon the receipt of a report concerning the possible
abuse or neglect of a child or the possible threat of abuse or
neglect of a child, the municipal or county peace officer who
receives the report shall refer the report to the appropriate
public children services
agency. (2) On receipt of a report pursuant to this
division or
division (A) or
(B) of this section, the public
children services
agency shall comply with section 2151.422 of
the Revised
Code. (E) No township, municipal, or county peace officer shall
remove a child
about whom a report is made pursuant to this
section from the child's parents,
stepparents, or guardian or any
other persons having custody of the child
without consultation
with the
public children services agency, unless,
in
the judgment
of the officer, and, if the
report was made by physician, the
physician,
immediate removal is considered essential to protect
the child
from further abuse or neglect.
The agency that
must be
consulted shall be the agency conducting the
investigation of the
report as determined pursuant to section
2151.422 of the Revised
Code. (F)(1) Except as
provided in section 2151.422 of the Revised
Code, the public
children
services agency shall investigate,
within twenty-four
hours, each
report of known or suspected child
abuse or child neglect and of
a known or suspected threat of child
abuse or child neglect that
is referred to it under this section
to determine the
circumstances surrounding the injuries, abuse, or
neglect or the
threat of injury, abuse, or neglect, the cause of
the injuries,
abuse, neglect, or threat, and the person or persons
responsible.
The investigation shall be made in cooperation with
the law
enforcement agency and in accordance with the memorandum
of understanding
prepared under
division (J) of this section. A
failure to make the investigation in accordance with the
memorandum is
not grounds for, and shall not result in,
the
dismissal of any charges or complaint arising from the report or
the suppression of any evidence obtained as a result of the
report
and does not give, and shall not be construed as giving,
any
rights or any grounds for appeal or post-conviction relief to
any
person. The public
children
services agency shall report each
case to a central
registry which
the department of job and family
services
shall maintain in order to
determine whether prior
reports have been made in other counties
concerning the child or
other principals in the case. The
public children services agency
shall submit a report of its
investigation,
in writing, to the law
enforcement agency. (2) The public children
services agency shall make any
recommendations to the
county
prosecuting attorney or city
director of law that it considers
necessary to protect any
children that are brought to its
attention.
(G)(1)(a) Except as provided in division (H)(3) of this
section, anyone or any hospital, institution, school, health
department, or agency participating in the making of reports
under
division (A) of this section, anyone or any hospital,
institution,
school, health department, or agency participating
in good faith
in the making of reports under division (B) of this
section, and
anyone participating in good faith in
a judicial
proceeding
resulting from the reports, shall be immune
from any
civil or
criminal liability for injury, death, or loss to
person
or
property that otherwise might be incurred or imposed as
a
result
of the making of the reports or the participation in the
judicial
proceeding. (b) Notwithstanding section 4731.22 of the
Revised Code, the
physician-patient privilege shall not be a
ground for excluding
evidence regarding a child's injuries,
abuse, or neglect, or the
cause of the injuries, abuse, or
neglect in any judicial
proceeding resulting from a report
submitted pursuant to this
section. (2) In any civil or criminal action or proceeding in which
it is alleged and proved that participation in the making of a
report under this section was not in good faith or participation
in a judicial proceeding resulting from a report made under this
section was not in good faith, the court shall award the
prevailing party reasonable attorney's fees and costs and, if a
civil action or proceeding is voluntarily dismissed, may award
reasonable attorney's fees and costs to the party against whom
the
civil action or proceeding is brought. (H)(1) Except as provided in divisions (H)(4),
(M), and (N)
of this
section, a report made under this section is confidential.
The information provided in a report made pursuant to this
section
and the name of the person who made the report shall not
be
released for use, and shall not be used, as evidence in any
civil
action or proceeding brought against the person who made
the
report. In a criminal proceeding, the report is admissible
in
evidence in accordance with the Rules of Evidence and is
subject
to discovery in accordance with the Rules of Criminal
Procedure. (2) No person shall permit or encourage the unauthorized
dissemination of the contents of any report made under this
section. (3) A person who knowingly makes or causes another person
to
make a false report under division (B) of this section that
alleges that any person has committed an act or omission that
resulted in a child being an abused child or a neglected child is
guilty of a violation of section 2921.14 of the Revised Code. (4) If a report is made pursuant to division (A) or
(B) of
this section and the child who is the subject of the report
dies
for any reason at any time after the report is made, but before
the child
attains eighteen years of age, the public
children
services agency or municipal or county peace officer to which the
report was made or referred, on the request of the child fatality
review
board,
shall submit a summary sheet of information
providing a summary of the
report to the review board of the
county in which the deceased
child resided at the time of death.
On the request of the review
board, the agency or peace officer
may, at its discretion, make
the report available to the review
board. (5) A public children services agency shall advise
a person
alleged to have inflicted abuse or neglect on a child
who is the
subject of a report made pursuant to this section in writing
of
the
disposition of the investigation. The agency shall not
provide to the person
any information that identifies the
person
who made the report, statements of witnesses, or police or other
investigative reports. (I) Any report that is required by this section shall
result
in protective services and emergency supportive services
being
made available by the public children services
agency on behalf of
the children about whom
the report is made, in an effort to
prevent further neglect or
abuse, to enhance their welfare, and,
whenever possible, to
preserve the family unit intact.
The agency
required to provide the services shall be the agency conducting
the investigation of the report pursuant to section 2151.422 of
the Revised
Code. (J)(1) Each public children services agency shall prepare
a
memorandum of understanding that is signed by all of the
following: (a) If there is
only one juvenile judge in the county, the
juvenile judge of the
county or the juvenile judge's
representative; (b) If there is more than
one juvenile
judge in the county,
a juvenile judge or the
juvenile judges' representative selected
by the juvenile judges
or, if they are unable to do so for any
reason, the juvenile judge who is
senior in point of
service or
the senior juvenile judge's representative; (c) The county
peace officer; (d) All
chief municipal peace officers within the county; (e) Other law enforcement officers handling child abuse and
neglect cases in the county; (f) The prosecuting
attorney of the county; (g) If the public children services agency is not the county
department of
job and family services, the county department of
job and family services; (h) The county humane society.
(2) A memorandum of understanding shall set forth the normal
operating procedure to be employed by
all concerned officials in
the execution of their respective
responsibilities under this
section and division (C) of section
2919.21, division (B)(1) of
section 2919.22, division (B) of
section 2919.23, and section
2919.24 of the Revised Code and
shall have as two of its primary
goals the elimination of all
unnecessary interviews of children
who are the subject of reports
made pursuant to division (A) or
(B) of this section and, when
feasible, providing for only one
interview of a child who is the
subject of any report made
pursuant to division (A) or (B) of
this section. A failure to
follow the procedure set forth in the
memorandum by
the concerned
officials is not grounds for, and shall not result in, the
dismissal of any charges or complaint arising from any reported
case of abuse or neglect or the suppression of any evidence
obtained as a result of any reported child abuse or child neglect
and does not give, and shall not be construed as giving, any
rights or any grounds for appeal or post-conviction relief to any
person.
(3) A memorandum of understanding shall include all of the
following: (a) The roles
and responsibilities for handling emergency
and
nonemergency cases of abuse and neglect; (b) Standards and procedures to be used in handling and
coordinating investigations of reported cases of child abuse and
reported cases of child neglect, methods to be used in
interviewing the child who is the subject of the report and who
allegedly was abused or neglected, and standards and procedures
addressing the categories of persons who may interview the child
who is the subject of the report and who allegedly was abused or
neglected. (K)(1) Except as provided in division
(K)(4) of this
section, a person who is required to make
a report pursuant to
division (A) of this section may
make a reasonable number of
requests of the public children services
agency that receives or
is
referred the report to be provided with
the following
information: (a) Whether the agency has initiated an
investigation of the
report; (b) Whether the agency is continuing to
investigate the
report; (c) Whether the agency is otherwise
involved
with the child
who is the subject of the report; (d) The general status of the health and safety of the
child
who is the subject of the report; (e) Whether the report has resulted in the filing of a
complaint in juvenile court or of criminal charges in another
court. (2) A person may request the information specified in
division (K)(1) of this
section only if, at the time the report is
made, the person's name, address,
and telephone number are
provided to the person who receives the report. When a municipal or county peace officer or employee of a
public children services
agency
receives a report pursuant to
division (A) or
(B) of this section the recipient of the report
shall inform the person of the
right to request the
information
described in division (K)(1) of this section. The recipient of
the report shall include in the initial child abuse or child
neglect
report that the person making the report was so informed
and, if
provided at the time of the making of the report, shall
include
the person's name, address, and telephone number in the
report. Each request is subject to verification of the identity of
the person making
the
report. If that person's
identity is
verified, the agency shall
provide the person with
the information
described in division (K)(1) of this section
a reasonable number
of times, except that the agency shall not disclose
any
confidential information
regarding the child who is the subject of
the report other than
the information described in those
divisions. (3) A request made pursuant to division (K)(1) of this
section is not a
substitute for any report required to be made
pursuant to division (A) of this
section. (4) If an agency other than the agency that
received or was
referred the report is conducting the
investigation of the report
pursuant to section 2151.422 of the
Revised
Code, the agency
conducting the
investigation shall comply with the requirements of
division
(K) of this section. (L) The director of job and
family services shall
adopt
rules in accordance
with Chapter 119. of the Revised Code to
implement this section. The department of job and family services
may
enter into a
plan of cooperation with
any other governmental
entity to aid in ensuring that children
are protected from abuse
and neglect. The department shall make
recommendations to the
attorney general that the department
determines are necessary to
protect children from child abuse and
child neglect. (M) No later than the end of the day
following the day on
which a public children services agency
receives a report of
alleged child abuse or child
neglect, or a report of an alleged
threat of child abuse or child
neglect, that allegedly occurred in
or involved an out-of-home
care entity, the agency shall provide
written notice
of the allegations contained in and the person
named as the alleged
perpetrator in the report to the
administrator, director, or other chief
administrative officer of
the out-of-home care entity that is the
subject of the report
unless the administrator, director, or
other chief administrative
officer is named as an alleged
perpetrator in the report. If the
administrator, director, or
other chief administrative officer of
an out-of-home care entity
is named as an alleged perpetrator in a
report of alleged child
abuse or child neglect, or a report of an
alleged threat of child
abuse or child neglect, that allegedly
occurred in or involved
the out-of-home care entity, the agency
shall provide the written notice
to
the owner or governing board
of the out-of-home care entity that
is the subject of the report.
The agency
shall not provide
witness statements or police or other
investigative reports. (N) No later than three days after the day on
which a public
children services agency that
conducted the investigation as
determined pursuant to section 2151.422
of the Revised Code makes
a
disposition of an investigation involving a report of alleged
child abuse or child neglect, or a report of an alleged threat of
child abuse or child neglect, that allegedly occurred in or
involved an out-of-home care entity, the
agency
shall send written
notice of the disposition of the
investigation to the
administrator, director, or other chief
administrative officer and
the owner or governing board of the
out-of-home care entity. The
agency shall
not provide witness
statements or police or other
investigative reports.
Section 2. That existing sections 109.73, 959.99, 1717.06,
and 2151.421 of the Revised Code are hereby repealed.
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