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Sub. H. B. No. 111 As Reported by the House Juvenile and Family Law CommitteeAs Reported by the House Juvenile and Family Law Committee
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives Patton, McGregor, J.
A BILL
To amend section 2151.03 of the Revised Code to
expand the definition of neglected child to
include a child whose parent, guardian, or
custodian knowingly allows certain sexually
oriented
offenders or child-victim offenders to
reside in the same
residence as that child.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2151.03 of the Revised Code be
amended to read as follows:
Sec. 2151.03. (A) As used in this chapter, "neglected
child"
includes any child:
(1) Who is abandoned by the child's parents, guardian, or
custodian;
(2) Who lacks adequate parental care because of the faults
or
habits of the child's parents, guardian, or custodian;
(3) Whose parents, guardian, or custodian neglects the child
or
refuses to provide proper or necessary subsistence,
education,
medical or surgical care or treatment, or other care
necessary for
the child's health, morals, or well being;
(4) Whose parents, guardian, or custodian neglects the child
or
refuses to provide the special care made necessary by
the
child's mental condition;
(5) Whose parents, legal guardian, or custodian have has
placed or attempted to place the child in violation of sections
5103.16
and 5103.17 of the Revised Code;
(6) Who, because of the omission of the child's parents,
guardian,
or custodian, suffers physical or mental injury that
harms or
threatens to harm the child's health or welfare;
(7) Who is subjected to out-of-home care child neglect;
(8) Whose parents, guardian, or custodian knowingly allows
any of the following persons to reside in the same residence as
the child:
(a) A person who is a habitual sex offender, sexual predator,
habitual child-victim offender, or child-victim predator, as
defined in section 2950.01 of the Revised Code, and who is not a
juvenile;
(b) A person who was convicted of or pleaded guilty to an
aggravated sexually oriented offense, as defined in section
2950.01 of the Revised Code, and who is not a juvenile;
(c) A person who has been convicted of or has pleaded guilty
to a sexually oriented or child-victim oriented offense, as
defined in section 2950.01 of the Revised Code, who is not
described in division (A)(8)(a) or (A)(8)(b) of this section, and
who is not a juvenile, but who is subject to one of the following
imposed for that offense:
(i) A jail or prison term;
(ii) A community control sanction, as defined in section
2929.01 of the Revised Code, other than one imposed under section
2929.18 or 2929.28 of the Revised Code;
(iii) A period of post-release control;
(iv) A community control sanction imposed after a judicial
release;
(v) Parole or another type of early release from confinement.
(B) Nothing in this chapter shall be construed as
subjecting
a parent, guardian, or custodian of a child to
criminal liability
when, solely in the practice of religious
beliefs, the parent,
guardian, or custodian fails to provide adequate medical
or
surgical care or
treatment for the child. This division does not
abrogate or
limit any person's responsibility under section
2151.421 of the
Revised Code to report child abuse that is known
or reasonably suspected or believed to have occurred, child
neglect that is known or reasonably
suspected or believed to have
occurred, and children who are known to face or
are reasonably
suspected or believed to be facing a threat of suffering abuse or
neglect
and does not preclude any exercise of the authority of the
state,
any political subdivision, or any court to ensure that
medical or
surgical care or treatment is provided to a child when
the child's health
requires the provision of medical or surgical
care or treatment.
Section 2. That existing section 2151.03 of the Revised Code
is hereby repealed.
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