Bill Text: OH HB352 | 2013-2014 | 130th General Assembly | Engrossed
Bill Title: To license private, nonprofit therapeutic wilderness camps.
Spectrum: Partisan Bill (Republican 13-0)
Status: (Engrossed - Dead) 2014-03-27 - To Medicaid, Health & Human Services [HB352 Detail]
Download: Ohio-2013-HB352-Engrossed.html
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Representatives Hayes, Thompson
Cosponsors:
Representatives McClain, Derickson, Amstutz, Wachtmann, Buchy, Hill, Huffman, Retherford, Ruhl, Sears, Terhar
To amend sections 2151.011, 2151.421, and 5103.02 and | 1 |
to enact sections 5103.50, 5103.51, 5103.52, | 2 |
5103.53, 5103.54, and 5103.55 of the Revised Code | 3 |
to license private, nonprofit therapeutic | 4 |
wilderness camps. | 5 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2151.011, 2151.421, and 5103.02 be | 6 |
amended and sections 5103.50, 5103.51, 5103.52, 5103.53, 5103.54, | 7 |
and 5103.55 of the Revised Code be enacted to read as follows: | 8 |
Sec. 2151.011. (A) As used in the Revised Code: | 9 |
(1) "Juvenile court" means whichever of the following is | 10 |
applicable that has jurisdiction under this chapter and Chapter | 11 |
2152. of the Revised Code: | 12 |
(a) The division of the court of common pleas specified in | 13 |
section 2101.022 or 2301.03 of the Revised Code as having | 14 |
jurisdiction under this chapter and Chapter 2152. of the Revised | 15 |
Code or as being the juvenile division or the juvenile division | 16 |
combined with one or more other divisions; | 17 |
(b) The juvenile court of Cuyahoga county or Hamilton county | 18 |
that is separately and independently created by section 2151.08 or | 19 |
Chapter 2153. of the Revised Code and that has jurisdiction under | 20 |
this chapter and Chapter 2152. of the Revised Code; | 21 |
(c) If division (A)(1)(a) or (b) of this section does not | 22 |
apply, the probate division of the court of common pleas. | 23 |
(2) "Juvenile judge" means a judge of a court having | 24 |
jurisdiction under this chapter. | 25 |
(3) "Private child placing agency" means any association, as | 26 |
defined in section 5103.02 of the Revised Code, that is certified | 27 |
under section 5103.03 of the Revised Code to accept temporary, | 28 |
permanent, or legal custody of children and place the children for | 29 |
either foster care or adoption. | 30 |
(4) "Private noncustodial agency" means any person, | 31 |
organization, association, or society certified by the department | 32 |
of job and family services that does not accept temporary or | 33 |
permanent legal custody of children, that is privately operated in | 34 |
this state, and that does one or more of the following: | 35 |
(a) Receives and cares for children for two or more | 36 |
consecutive weeks; | 37 |
(b) Participates in the placement of children in certified | 38 |
foster homes; | 39 |
(c) Provides adoption services in conjunction with a public | 40 |
children services agency or private child placing agency. | 41 |
(B) As used in this chapter: | 42 |
(1) "Adequate parental care" means the provision by a child's | 43 |
parent or parents, guardian, or custodian of adequate food, | 44 |
clothing, and shelter to ensure the child's health and physical | 45 |
safety and the provision by a child's parent or parents of | 46 |
specialized services warranted by the child's physical or mental | 47 |
needs. | 48 |
(2) "Adult" means an individual who is eighteen years of age | 49 |
or older. | 50 |
(3) "Agreement for temporary custody" means a voluntary | 51 |
agreement authorized by section 5103.15 of the Revised Code that | 52 |
transfers the temporary custody of a child to a public children | 53 |
services agency or a private child placing agency. | 54 |
(4) "Alternative response" means the public children services | 55 |
agency's response to a report of child abuse or neglect that | 56 |
engages the family in a comprehensive evaluation of child safety, | 57 |
risk of subsequent harm, and family strengths and needs and that | 58 |
does not include a determination as to whether child abuse or | 59 |
neglect occurred. | 60 |
(5) "Certified foster home" means a foster home, as defined | 61 |
in section 5103.02 of the Revised Code, certified under section | 62 |
5103.03 of the Revised Code. | 63 |
(6) "Child" means a person who is under eighteen years of | 64 |
age, except that the juvenile court has jurisdiction over any | 65 |
person who is adjudicated an unruly child prior to attaining | 66 |
eighteen years of age until the person attains twenty-one years of | 67 |
age, and, for purposes of that jurisdiction related to that | 68 |
adjudication, a person who is so adjudicated an unruly child shall | 69 |
be deemed a "child" until the person attains twenty-one years of | 70 |
age. | 71 |
(7) "Child day camp," "child care," "child day-care center," | 72 |
"part-time child day-care center," "type A family day-care home," | 73 |
"licensed type B family day-care home," "type B family day-care | 74 |
home," "administrator of a child day-care center," "administrator | 75 |
of a type A family day-care home," and "in-home aide" have the | 76 |
same meanings as in section 5104.01 of the Revised Code. | 77 |
(8) "Child care provider" means an individual who is a | 78 |
child-care staff member or administrator of a child day-care | 79 |
center, a type A family day-care home, or a type B family day-care | 80 |
home, or an in-home aide or an individual who is licensed, is | 81 |
regulated, is approved, operates under the direction of, or | 82 |
otherwise is certified by the department of job and family | 83 |
services, department of developmental disabilities, or the early | 84 |
childhood programs of the department of education. | 85 |
(9) "Chronic truant" has the same meaning as in section | 86 |
2152.02 of the Revised Code. | 87 |
(10) "Commit" means to vest custody as ordered by the court. | 88 |
(11) "Counseling" includes both of the following: | 89 |
(a) General counseling services performed by a public | 90 |
children services agency or shelter for victims of domestic | 91 |
violence to assist a child, a child's parents, and a child's | 92 |
siblings in alleviating identified problems that may cause or have | 93 |
caused the child to be an abused, neglected, or dependent child. | 94 |
(b) Psychiatric or psychological therapeutic counseling | 95 |
services provided to correct or alleviate any mental or emotional | 96 |
illness or disorder and performed by a licensed psychiatrist, | 97 |
licensed psychologist, or a person licensed under Chapter 4757. of | 98 |
the Revised Code to engage in social work or professional | 99 |
counseling. | 100 |
(12) "Custodian" means a person who has legal custody of a | 101 |
child or a public children services agency or private child | 102 |
placing agency that has permanent, temporary, or legal custody of | 103 |
a child. | 104 |
(13) "Delinquent child" has the same meaning as in section | 105 |
2152.02 of the Revised Code. | 106 |
(14) "Detention" means the temporary care of children pending | 107 |
court adjudication or disposition, or execution of a court order, | 108 |
in a public or private facility designed to physically restrict | 109 |
the movement and activities of children. | 110 |
(15) "Developmental disability" has the same meaning as in | 111 |
section 5123.01 of the Revised Code. | 112 |
(16) "Differential response approach" means an approach that | 113 |
a public children services agency may use to respond to accepted | 114 |
reports of child abuse or neglect with either an alternative | 115 |
response or a traditional response. | 116 |
(17) "Foster caregiver" has the same meaning as in section | 117 |
5103.02 of the Revised Code. | 118 |
(18) "Guardian" means a person, association, or corporation | 119 |
that is granted authority by a probate court pursuant to Chapter | 120 |
2111. of the Revised Code to exercise parental rights over a child | 121 |
to the extent provided in the court's order and subject to the | 122 |
residual parental rights of the child's parents. | 123 |
(19) "Habitual truant" means any child of compulsory school | 124 |
age who is absent without legitimate excuse for absence from the | 125 |
public school the child is supposed to attend for five or more | 126 |
consecutive school days, seven or more school days in one school | 127 |
month, or twelve or more school days in a school year. | 128 |
(20) "Juvenile traffic offender" has the same meaning as in | 129 |
section 2152.02 of the Revised Code. | 130 |
(21) "Legal custody" means a legal status that vests in the | 131 |
custodian the right to have physical care and control of the child | 132 |
and to determine where and with whom the child shall live, and the | 133 |
right and duty to protect, train, and discipline the child and to | 134 |
provide the child with food, shelter, education, and medical care, | 135 |
all subject to any residual parental rights, privileges, and | 136 |
responsibilities. An individual granted legal custody shall | 137 |
exercise the rights and responsibilities personally unless | 138 |
otherwise authorized by any section of the Revised Code or by the | 139 |
court. | 140 |
(22) A "legitimate excuse for absence from the public school | 141 |
the child is supposed to attend" includes, but is not limited to, | 142 |
any of the following: | 143 |
(a) The fact that the child in question has enrolled in and | 144 |
is attending another public or nonpublic school in this or another | 145 |
state; | 146 |
(b) The fact that the child in question is excused from | 147 |
attendance at school for any of the reasons specified in section | 148 |
3321.04 of the Revised Code; | 149 |
(c) The fact that the child in question has received an age | 150 |
and schooling certificate in accordance with section 3331.01 of | 151 |
the Revised Code. | 152 |
(23) "Mental illness" and "mentally ill person subject to | 153 |
hospitalization by court order" have the same meanings as in | 154 |
section 5122.01 of the Revised Code. | 155 |
(24) "Mental injury" means any behavioral, cognitive, | 156 |
emotional, or mental disorder in a child caused by an act or | 157 |
omission that is described in section 2919.22 of the Revised Code | 158 |
and is committed by the parent or other person responsible for the | 159 |
child's care. | 160 |
(25) "Mentally retarded person" has the same meaning as in | 161 |
section 5123.01 of the Revised Code. | 162 |
(26) "Nonsecure care, supervision, or training" means care, | 163 |
supervision, or training of a child in a facility that does not | 164 |
confine or prevent movement of the child within the facility or | 165 |
from the facility. | 166 |
(27) "Of compulsory school age" has the same meaning as in | 167 |
section 3321.01 of the Revised Code. | 168 |
(28) "Organization" means any institution, public, | 169 |
semipublic, or private, and any private association, society, or | 170 |
agency located or operating in the state, incorporated or | 171 |
unincorporated, having among its functions the furnishing of | 172 |
protective services or care for children, or the placement of | 173 |
children in certified foster homes or elsewhere. | 174 |
(29) "Out-of-home care" means detention facilities, shelter | 175 |
facilities, certified children's crisis care facilities, certified | 176 |
foster homes, placement in a prospective adoptive home prior to | 177 |
the issuance of a final decree of adoption, organizations, | 178 |
certified organizations, child day-care centers, type A family | 179 |
day-care homes, type B family day-care homes, child care provided | 180 |
by in-home aides, group home providers, group homes, institutions, | 181 |
state institutions, residential facilities, residential care | 182 |
facilities, residential camps, day camps, private, nonprofit | 183 |
therapeutic wilderness camps, public schools, chartered nonpublic | 184 |
schools, educational service centers, hospitals, and medical | 185 |
clinics that are responsible for the care, physical custody, or | 186 |
control of children. | 187 |
(30) "Out-of-home care child abuse" means any of the | 188 |
following when committed by a person responsible for the care of a | 189 |
child in out-of-home care: | 190 |
(a) Engaging in sexual activity with a child in the person's | 191 |
care; | 192 |
(b) Denial to a child, as a means of punishment, of proper or | 193 |
necessary subsistence, education, medical care, or other care | 194 |
necessary for a child's health; | 195 |
(c) Use of restraint procedures on a child that cause injury | 196 |
or pain; | 197 |
(d) Administration of prescription drugs or psychotropic | 198 |
medication to the child without the written approval and ongoing | 199 |
supervision of a licensed physician; | 200 |
(e) Commission of any act, other than by accidental means, | 201 |
that results in any injury to or death of the child in out-of-home | 202 |
care or commission of any act by accidental means that results in | 203 |
an injury to or death of a child in out-of-home care and that is | 204 |
at variance with the history given of the injury or death. | 205 |
(31) "Out-of-home care child neglect" means any of the | 206 |
following when committed by a person responsible for the care of a | 207 |
child in out-of-home care: | 208 |
(a) Failure to provide reasonable supervision according to | 209 |
the standards of care appropriate to the age, mental and physical | 210 |
condition, or other special needs of the child; | 211 |
(b) Failure to provide reasonable supervision according to | 212 |
the standards of care appropriate to the age, mental and physical | 213 |
condition, or other special needs of the child, that results in | 214 |
sexual or physical abuse of the child by any person; | 215 |
(c) Failure to develop a process for all of the following: | 216 |
(i) Administration of prescription drugs or psychotropic | 217 |
drugs for the child; | 218 |
(ii) Assuring that the instructions of the licensed physician | 219 |
who prescribed a drug for the child are followed; | 220 |
(iii) Reporting to the licensed physician who prescribed the | 221 |
drug all unfavorable or dangerous side effects from the use of the | 222 |
drug. | 223 |
(d) Failure to provide proper or necessary subsistence, | 224 |
education, medical care, or other individualized care necessary | 225 |
for the health or well-being of the child; | 226 |
(e) Confinement of the child to a locked room without | 227 |
monitoring by staff; | 228 |
(f) Failure to provide ongoing security for all prescription | 229 |
and nonprescription medication; | 230 |
(g) Isolation of a child for a period of time when there is | 231 |
substantial risk that the isolation, if continued, will impair or | 232 |
retard the mental health or physical well-being of the child. | 233 |
(32) "Permanent custody" means a legal status that vests in a | 234 |
public children services agency or a private child placing agency, | 235 |
all parental rights, duties, and obligations, including the right | 236 |
to consent to adoption, and divests the natural parents or | 237 |
adoptive parents of all parental rights, privileges, and | 238 |
obligations, including all residual rights and obligations. | 239 |
(33) "Permanent surrender" means the act of the parents or, | 240 |
if a child has only one parent, of the parent of a child, by a | 241 |
voluntary agreement authorized by section 5103.15 of the Revised | 242 |
Code, to transfer the permanent custody of the child to a public | 243 |
children services agency or a private child placing agency. | 244 |
(34) "Person" means an individual, association, corporation, | 245 |
or partnership and the state or any of its political subdivisions, | 246 |
departments, or agencies. | 247 |
(35) "Person responsible for a child's care in out-of-home | 248 |
care" means any of the following: | 249 |
(a) Any foster caregiver, in-home aide, or provider; | 250 |
(b) Any administrator, employee, or agent of any of the | 251 |
following: a public or private detention facility; shelter | 252 |
facility; certified children's crisis care facility; organization; | 253 |
certified organization; child day-care center; type A family | 254 |
day-care home; licensed type B family day-care home; group home; | 255 |
institution; state institution; residential facility; residential | 256 |
care facility; residential camp; day camp; school district; | 257 |
community school; chartered nonpublic school; educational service | 258 |
center; hospital; or medical clinic; | 259 |
(c) Any person who supervises or coaches children as part of | 260 |
an extracurricular activity sponsored by a school district, public | 261 |
school, or chartered nonpublic school; | 262 |
(d) Any other person who performs a similar function with | 263 |
respect to, or has a similar relationship to, children. | 264 |
(36) "Physically impaired" means having one or more of the | 265 |
following conditions that substantially limit one or more of an | 266 |
individual's major life activities, including self-care, receptive | 267 |
and expressive language, learning, mobility, and self-direction: | 268 |
(a) A substantial impairment of vision, speech, or hearing; | 269 |
(b) A congenital orthopedic impairment; | 270 |
(c) An orthopedic impairment caused by disease, rheumatic | 271 |
fever or any other similar chronic or acute health problem, or | 272 |
amputation or another similar cause. | 273 |
(37) "Placement for adoption" means the arrangement by a | 274 |
public children services agency or a private child placing agency | 275 |
with a person for the care and adoption by that person of a child | 276 |
of whom the agency has permanent custody. | 277 |
(38) "Placement in foster care" means the arrangement by a | 278 |
public children services agency or a private child placing agency | 279 |
for the out-of-home care of a child of whom the agency has | 280 |
temporary custody or permanent custody. | 281 |
(39) "Planned permanent living arrangement" means an order of | 282 |
a juvenile court pursuant to which both of the following apply: | 283 |
(a) The court gives legal custody of a child to a public | 284 |
children services agency or a private child placing agency without | 285 |
the termination of parental rights. | 286 |
(b) The order permits the agency to make an appropriate | 287 |
placement of the child and to enter into a written agreement with | 288 |
a foster care provider or with another person or agency with whom | 289 |
the child is placed. | 290 |
(40) "Practice of social work" and "practice of professional | 291 |
counseling" have the same meanings as in section 4757.01 of the | 292 |
Revised Code. | 293 |
(41) "Private, nonprofit therapeutic wilderness camp" has the | 294 |
same meaning as in section 5103.02 of the Revised Code. | 295 |
(42) "Sanction, service, or condition" means a sanction, | 296 |
service, or condition created by court order following an | 297 |
adjudication that a child is an unruly child that is described in | 298 |
division (A)(4) of section 2152.19 of the Revised Code. | 299 |
| 300 |
disposition pursuant to which the court permits an abused, | 301 |
neglected, dependent, or unruly child to remain in the custody of | 302 |
the child's parents, guardian, or custodian and stay in the | 303 |
child's home, subject to any conditions and limitations upon the | 304 |
child, the child's parents, guardian, or custodian, or any other | 305 |
person that the court prescribes, including supervision as | 306 |
directed by the court for the protection of the child. | 307 |
| 308 |
5122.01 of the Revised Code. | 309 |
| 310 |
4732.01 of the Revised Code. | 311 |
| 312 |
care, physical custody, or control of children is accepted | 313 |
overnight for recreational or recreational and educational | 314 |
purposes. | 315 |
| 316 |
residence, or facility that is licensed by the department of | 317 |
mental health and addiction services under section 5119.34 of the | 318 |
Revised Code and that provides care for a child. | 319 |
| 320 |
is licensed by the department of developmental disabilities under | 321 |
section 5123.19 of the Revised Code and in which a child with a | 322 |
developmental disability resides. | 323 |
| 324 |
responsibilities" means those rights, privileges, and | 325 |
responsibilities remaining with the natural parent after the | 326 |
transfer of legal custody of the child, including, but not | 327 |
necessarily limited to, the privilege of reasonable visitation, | 328 |
consent to adoption, the privilege to determine the child's | 329 |
religious affiliation, and the responsibility for support. | 330 |
| 331 |
board of education of the applicable school district pursuant to | 332 |
section 3313.481 of the Revised Code. | 333 |
| 334 |
3313.62 of the Revised Code. | 335 |
| 336 |
under the direction of the department of youth services that is | 337 |
designed to physically restrict the movement and activities of | 338 |
children and used for the placement of children after adjudication | 339 |
and disposition. | 340 |
| 341 |
2907.01 of the Revised Code. | 342 |
| 343 |
physically unrestricted facilities pending court adjudication or | 344 |
disposition. | 345 |
| 346 |
same meaning as in section 3113.33 of the Revised Code. | 347 |
| 348 |
who is removed from the child's home, which custody may be | 349 |
terminated at any time at the discretion of the court or, if the | 350 |
legal custody is granted in an agreement for temporary custody, by | 351 |
the person who executed the agreement. | 352 |
| 353 |
services agency's response to a report of child abuse or neglect | 354 |
that encourages engagement of the family in a comprehensive | 355 |
evaluation of the child's current and future safety needs and a | 356 |
fact-finding process to determine whether child abuse or neglect | 357 |
occurred and the circumstances surrounding the alleged harm or | 358 |
risk of harm. | 359 |
(C) For the purposes of this chapter, a child shall be | 360 |
presumed abandoned when the parents of the child have failed to | 361 |
visit or maintain contact with the child for more than ninety | 362 |
days, regardless of whether the parents resume contact with the | 363 |
child after that period of ninety days. | 364 |
Sec. 2151.421. (A)(1)(a) No person described in division | 365 |
(A)(1)(b) of this section who is acting in an official or | 366 |
professional capacity and knows, or has reasonable cause to | 367 |
suspect based on facts that would cause a reasonable person in a | 368 |
similar position to suspect, that a child under eighteen years of | 369 |
age or a mentally retarded, developmentally disabled, or | 370 |
physically impaired child under twenty-one years of age has | 371 |
suffered or faces a threat of suffering any physical or mental | 372 |
wound, injury, disability, or condition of a nature that | 373 |
reasonably indicates abuse or neglect of the child shall fail to | 374 |
immediately report that knowledge or reasonable cause to suspect | 375 |
to the entity or persons specified in this division. Except as | 376 |
provided in section 5120.173 of the Revised Code, the person | 377 |
making the report shall make it to the public children services | 378 |
agency or a municipal or county peace officer in the county in | 379 |
which the child resides or in which the abuse or neglect is | 380 |
occurring or has occurred. In the circumstances described in | 381 |
section 5120.173 of the Revised Code, the person making the report | 382 |
shall make it to the entity specified in that section. | 383 |
(b) Division (A)(1)(a) of this section applies to any person | 384 |
who is an attorney; physician, including a hospital intern or | 385 |
resident; dentist; podiatrist; practitioner of a limited branch of | 386 |
medicine as specified in section 4731.15 of the Revised Code; | 387 |
registered nurse; licensed practical nurse; visiting nurse; other | 388 |
health care professional; licensed psychologist; licensed school | 389 |
psychologist; independent marriage and family therapist or | 390 |
marriage and family therapist; speech pathologist or audiologist; | 391 |
coroner; administrator or employee of a child day-care center; | 392 |
administrator or employee of a residential camp | 393 |
camp, or private, nonprofit therapeutic wilderness camp; | 394 |
administrator or employee of a certified child care agency or | 395 |
other public or private children services agency; school teacher; | 396 |
school employee; school authority; person engaged in social work | 397 |
or the practice of professional counseling; agent of a county | 398 |
humane society; person, other than a cleric, rendering spiritual | 399 |
treatment through prayer in accordance with the tenets of a | 400 |
well-recognized religion; employee of a county department of job | 401 |
and family services who is a professional and who works with | 402 |
children and families; superintendent, board member, or employee | 403 |
of a county board of developmental disabilities; investigative | 404 |
agent contracted with by a county board of developmental | 405 |
disabilities; employee of the department of developmental | 406 |
disabilities; employee of a facility or home that provides respite | 407 |
care in accordance with section 5123.171 of the Revised Code; | 408 |
employee of a home health agency; employee of an entity that | 409 |
provides homemaker services; a person performing the duties of an | 410 |
assessor pursuant to Chapter 3107. or 5103. of the Revised Code; | 411 |
or third party employed by a public children services agency to | 412 |
assist in providing child or family related services. | 413 |
(2) Except as provided in division (A)(3) of this section, an | 414 |
attorney or a physician is not required to make a report pursuant | 415 |
to division (A)(1) of this section concerning any communication | 416 |
the attorney or physician receives from a client or patient in an | 417 |
attorney-client or physician-patient relationship, if, in | 418 |
accordance with division (A) or (B) of section 2317.02 of the | 419 |
Revised Code, the attorney or physician could not testify with | 420 |
respect to that communication in a civil or criminal proceeding. | 421 |
(3) The client or patient in an attorney-client or | 422 |
physician-patient relationship described in division (A)(2) of | 423 |
this section is deemed to have waived any testimonial privilege | 424 |
under division (A) or (B) of section 2317.02 of the Revised Code | 425 |
with respect to any communication the attorney or physician | 426 |
receives from the client or patient in that attorney-client or | 427 |
physician-patient relationship, and the attorney or physician | 428 |
shall make a report pursuant to division (A)(1) of this section | 429 |
with respect to that communication, if all of the following apply: | 430 |
(a) The client or patient, at the time of the communication, | 431 |
is either a child under eighteen years of age or a mentally | 432 |
retarded, developmentally disabled, or physically impaired person | 433 |
under twenty-one years of age. | 434 |
(b) The attorney or physician knows, or has reasonable cause | 435 |
to suspect based on facts that would cause a reasonable person in | 436 |
similar position to suspect, as a result of the communication or | 437 |
any observations made during that communication, that the client | 438 |
or patient has suffered or faces a threat of suffering any | 439 |
physical or mental wound, injury, disability, or condition of a | 440 |
nature that reasonably indicates abuse or neglect of the client or | 441 |
patient. | 442 |
(c) The abuse or neglect does not arise out of the client's | 443 |
or patient's attempt to have an abortion without the notification | 444 |
of her parents, guardian, or custodian in accordance with section | 445 |
2151.85 of the Revised Code. | 446 |
(4)(a) No cleric and no person, other than a volunteer, | 447 |
designated by any church, religious society, or faith acting as a | 448 |
leader, official, or delegate on behalf of the church, religious | 449 |
society, or faith who is acting in an official or professional | 450 |
capacity, who knows, or has reasonable cause to believe based on | 451 |
facts that would cause a reasonable person in a similar position | 452 |
to believe, that a child under eighteen years of age or a mentally | 453 |
retarded, developmentally disabled, or physically impaired child | 454 |
under twenty-one years of age has suffered or faces a threat of | 455 |
suffering any physical or mental wound, injury, disability, or | 456 |
condition of a nature that reasonably indicates abuse or neglect | 457 |
of the child, and who knows, or has reasonable cause to believe | 458 |
based on facts that would cause a reasonable person in a similar | 459 |
position to believe, that another cleric or another person, other | 460 |
than a volunteer, designated by a church, religious society, or | 461 |
faith acting as a leader, official, or delegate on behalf of the | 462 |
church, religious society, or faith caused, or poses the threat of | 463 |
causing, the wound, injury, disability, or condition that | 464 |
reasonably indicates abuse or neglect shall fail to immediately | 465 |
report that knowledge or reasonable cause to believe to the entity | 466 |
or persons specified in this division. Except as provided in | 467 |
section 5120.173 of the Revised Code, the person making the report | 468 |
shall make it to the public children services agency or a | 469 |
municipal or county peace officer in the county in which the child | 470 |
resides or in which the abuse or neglect is occurring or has | 471 |
occurred. In the circumstances described in section 5120.173 of | 472 |
the Revised Code, the person making the report shall make it to | 473 |
the entity specified in that section. | 474 |
(b) Except as provided in division (A)(4)(c) of this section, | 475 |
a cleric is not required to make a report pursuant to division | 476 |
(A)(4)(a) of this section concerning any communication the cleric | 477 |
receives from a penitent in a cleric-penitent relationship, if, in | 478 |
accordance with division (C) of section 2317.02 of the Revised | 479 |
Code, the cleric could not testify with respect to that | 480 |
communication in a civil or criminal proceeding. | 481 |
(c) The penitent in a cleric-penitent relationship described | 482 |
in division (A)(4)(b) of this section is deemed to have waived any | 483 |
testimonial privilege under division (C) of section 2317.02 of the | 484 |
Revised Code with respect to any communication the cleric receives | 485 |
from the penitent in that cleric-penitent relationship, and the | 486 |
cleric shall make a report pursuant to division (A)(4)(a) of this | 487 |
section with respect to that communication, if all of the | 488 |
following apply: | 489 |
(i) The penitent, at the time of the communication, is either | 490 |
a child under eighteen years of age or a mentally retarded, | 491 |
developmentally disabled, or physically impaired person under | 492 |
twenty-one years of age. | 493 |
(ii) The cleric knows, or has reasonable cause to believe | 494 |
based on facts that would cause a reasonable person in a similar | 495 |
position to believe, as a result of the communication or any | 496 |
observations made during that communication, the penitent has | 497 |
suffered or faces a threat of suffering any physical or mental | 498 |
wound, injury, disability, or condition of a nature that | 499 |
reasonably indicates abuse or neglect of the penitent. | 500 |
(iii) The abuse or neglect does not arise out of the | 501 |
penitent's attempt to have an abortion performed upon a child | 502 |
under eighteen years of age or upon a mentally retarded, | 503 |
developmentally disabled, or physically impaired person under | 504 |
twenty-one years of age without the notification of her parents, | 505 |
guardian, or custodian in accordance with section 2151.85 of the | 506 |
Revised Code. | 507 |
(d) Divisions (A)(4)(a) and (c) of this section do not apply | 508 |
in a cleric-penitent relationship when the disclosure of any | 509 |
communication the cleric receives from the penitent is in | 510 |
violation of the sacred trust. | 511 |
(e) As used in divisions (A)(1) and (4) of this section, | 512 |
"cleric" and "sacred trust" have the same meanings as in section | 513 |
2317.02 of the Revised Code. | 514 |
(B) Anyone who knows, or has reasonable cause to suspect | 515 |
based on facts that would cause a reasonable person in similar | 516 |
circumstances to suspect, that a child under eighteen years of age | 517 |
or a mentally retarded, developmentally disabled, or physically | 518 |
impaired person under twenty-one years of age has suffered or | 519 |
faces a threat of suffering any physical or mental wound, injury, | 520 |
disability, or other condition of a nature that reasonably | 521 |
indicates abuse or neglect of the child may report or cause | 522 |
reports to be made of that knowledge or reasonable cause to | 523 |
suspect to the entity or persons specified in this division. | 524 |
Except as provided in section 5120.173 of the Revised Code, a | 525 |
person making a report or causing a report to be made under this | 526 |
division shall make it or cause it to be made to the public | 527 |
children services agency or to a municipal or county peace | 528 |
officer. In the circumstances described in section 5120.173 of the | 529 |
Revised Code, a person making a report or causing a report to be | 530 |
made under this division shall make it or cause it to be made to | 531 |
the entity specified in that section. | 532 |
(C) Any report made pursuant to division (A) or (B) of this | 533 |
section shall be made forthwith either by telephone or in person | 534 |
and shall be followed by a written report, if requested by the | 535 |
receiving agency or officer. The written report shall contain: | 536 |
(1) The names and addresses of the child and the child's | 537 |
parents or the person or persons having custody of the child, if | 538 |
known; | 539 |
(2) The child's age and the nature and extent of the child's | 540 |
injuries, abuse, or neglect that is known or reasonably suspected | 541 |
or believed, as applicable, to have occurred or of the threat of | 542 |
injury, abuse, or neglect that is known or reasonably suspected or | 543 |
believed, as applicable, to exist, including any evidence of | 544 |
previous injuries, abuse, or neglect; | 545 |
(3) Any other information that might be helpful in | 546 |
establishing the cause of the injury, abuse, or neglect that is | 547 |
known or reasonably suspected or believed, as applicable, to have | 548 |
occurred or of the threat of injury, abuse, or neglect that is | 549 |
known or reasonably suspected or believed, as applicable, to | 550 |
exist. | 551 |
Any person, who is required by division (A) of this section | 552 |
to report child abuse or child neglect that is known or reasonably | 553 |
suspected or believed to have occurred, may take or cause to be | 554 |
taken color photographs of areas of trauma visible on a child and, | 555 |
if medically indicated, cause to be performed radiological | 556 |
examinations of the child. | 557 |
(D) As used in this division, "children's advocacy center" | 558 |
and "sexual abuse of a child" have the same meanings as in section | 559 |
2151.425 of the Revised Code. | 560 |
(1) When a municipal or county peace officer receives a | 561 |
report concerning the possible abuse or neglect of a child or the | 562 |
possible threat of abuse or neglect of a child, upon receipt of | 563 |
the report, the municipal or county peace officer who receives the | 564 |
report shall refer the report to the appropriate public children | 565 |
services agency. | 566 |
(2) When a public children services agency receives a report | 567 |
pursuant to this division or division (A) or (B) of this section, | 568 |
upon receipt of the report, the public children services agency | 569 |
shall do both of the following: | 570 |
(a) Comply with section 2151.422 of the Revised Code; | 571 |
(b) If the county served by the agency is also served by a | 572 |
children's advocacy center and the report alleges sexual abuse of | 573 |
a child or another type of abuse of a child that is specified in | 574 |
the memorandum of understanding that creates the center as being | 575 |
within the center's jurisdiction, comply regarding the report with | 576 |
the protocol and procedures for referrals and investigations, with | 577 |
the coordinating activities, and with the authority or | 578 |
responsibility for performing or providing functions, activities, | 579 |
and services stipulated in the interagency agreement entered into | 580 |
under section 2151.428 of the Revised Code relative to that | 581 |
center. | 582 |
(E) No township, municipal, or county peace officer shall | 583 |
remove a child about whom a report is made pursuant to this | 584 |
section from the child's parents, stepparents, or guardian or any | 585 |
other persons having custody of the child without consultation | 586 |
with the public children services agency, unless, in the judgment | 587 |
of the officer, and, if the report was made by physician, the | 588 |
physician, immediate removal is considered essential to protect | 589 |
the child from further abuse or neglect. The agency that must be | 590 |
consulted shall be the agency conducting the investigation of the | 591 |
report as determined pursuant to section 2151.422 of the Revised | 592 |
Code. | 593 |
(F)(1) Except as provided in section 2151.422 of the Revised | 594 |
Code or in an interagency agreement entered into under section | 595 |
2151.428 of the Revised Code that applies to the particular | 596 |
report, the public children services agency shall investigate, | 597 |
within twenty-four hours, each report of child abuse or child | 598 |
neglect that is known or reasonably suspected or believed to have | 599 |
occurred and of a threat of child abuse or child neglect that is | 600 |
known or reasonably suspected or believed to exist that is | 601 |
referred to it under this section to determine the circumstances | 602 |
surrounding the injuries, abuse, or neglect or the threat of | 603 |
injury, abuse, or neglect, the cause of the injuries, abuse, | 604 |
neglect, or threat, and the person or persons responsible. The | 605 |
investigation shall be made in cooperation with the law | 606 |
enforcement agency and in accordance with the memorandum of | 607 |
understanding prepared under division (J) of this section. A | 608 |
representative of the public children services agency shall, at | 609 |
the time of initial contact with the person subject to the | 610 |
investigation, inform the person of the specific complaints or | 611 |
allegations made against the person. The information shall be | 612 |
given in a manner that is consistent with division (H)(1) of this | 613 |
section and protects the rights of the person making the report | 614 |
under this section. | 615 |
A failure to make the investigation in accordance with the | 616 |
memorandum is not grounds for, and shall not result in, the | 617 |
dismissal of any charges or complaint arising from the report or | 618 |
the suppression of any evidence obtained as a result of the report | 619 |
and does not give, and shall not be construed as giving, any | 620 |
rights or any grounds for appeal or post-conviction relief to any | 621 |
person. The public children services agency shall report each case | 622 |
to the uniform statewide automated child welfare information | 623 |
system that the department of job and family services shall | 624 |
maintain in accordance with section 5101.13 of the Revised Code. | 625 |
The public children services agency shall submit a report of its | 626 |
investigation, in writing, to the law enforcement agency. | 627 |
(2) The public children services agency shall make any | 628 |
recommendations to the county prosecuting attorney or city | 629 |
director of law that it considers necessary to protect any | 630 |
children that are brought to its attention. | 631 |
(G)(1)(a) Except as provided in division (H)(3) of this | 632 |
section, anyone or any hospital, institution, school, health | 633 |
department, or agency participating in the making of reports under | 634 |
division (A) of this section, anyone or any hospital, institution, | 635 |
school, health department, or agency participating in good faith | 636 |
in the making of reports under division (B) of this section, and | 637 |
anyone participating in good faith in a judicial proceeding | 638 |
resulting from the reports, shall be immune from any civil or | 639 |
criminal liability for injury, death, or loss to person or | 640 |
property that otherwise might be incurred or imposed as a result | 641 |
of the making of the reports or the participation in the judicial | 642 |
proceeding. | 643 |
(b) Notwithstanding section 4731.22 of the Revised Code, the | 644 |
physician-patient privilege shall not be a ground for excluding | 645 |
evidence regarding a child's injuries, abuse, or neglect, or the | 646 |
cause of the injuries, abuse, or neglect in any judicial | 647 |
proceeding resulting from a report submitted pursuant to this | 648 |
section. | 649 |
(2) In any civil or criminal action or proceeding in which it | 650 |
is alleged and proved that participation in the making of a report | 651 |
under this section was not in good faith or participation in a | 652 |
judicial proceeding resulting from a report made under this | 653 |
section was not in good faith, the court shall award the | 654 |
prevailing party reasonable attorney's fees and costs and, if a | 655 |
civil action or proceeding is voluntarily dismissed, may award | 656 |
reasonable attorney's fees and costs to the party against whom the | 657 |
civil action or proceeding is brought. | 658 |
(H)(1) Except as provided in divisions (H)(4) and (N) of this | 659 |
section, a report made under this section is confidential. The | 660 |
information provided in a report made pursuant to this section and | 661 |
the name of the person who made the report shall not be released | 662 |
for use, and shall not be used, as evidence in any civil action or | 663 |
proceeding brought against the person who made the report. Nothing | 664 |
in this division shall preclude the use of reports of other | 665 |
incidents of known or suspected abuse or neglect in a civil action | 666 |
or proceeding brought pursuant to division (M) of this section | 667 |
against a person who is alleged to have violated division (A)(1) | 668 |
of this section, provided that any information in a report that | 669 |
would identify the child who is the subject of the report or the | 670 |
maker of the report, if the maker of the report is not the | 671 |
defendant or an agent or employee of the defendant, has been | 672 |
redacted. In a criminal proceeding, the report is admissible in | 673 |
evidence in accordance with the Rules of Evidence and is subject | 674 |
to discovery in accordance with the Rules of Criminal Procedure. | 675 |
(2) No person shall permit or encourage the unauthorized | 676 |
dissemination of the contents of any report made under this | 677 |
section. | 678 |
(3) A person who knowingly makes or causes another person to | 679 |
make a false report under division (B) of this section that | 680 |
alleges that any person has committed an act or omission that | 681 |
resulted in a child being an abused child or a neglected child is | 682 |
guilty of a violation of section 2921.14 of the Revised Code. | 683 |
(4) If a report is made pursuant to division (A) or (B) of | 684 |
this section and the child who is the subject of the report dies | 685 |
for any reason at any time after the report is made, but before | 686 |
the child attains eighteen years of age, the public children | 687 |
services agency or municipal or county peace officer to which the | 688 |
report was made or referred, on the request of the child fatality | 689 |
review board, shall submit a summary sheet of information | 690 |
providing a summary of the report to the review board of the | 691 |
county in which the deceased child resided at the time of death. | 692 |
On the request of the review board, the agency or peace officer | 693 |
may, at its discretion, make the report available to the review | 694 |
board. If the county served by the public children services agency | 695 |
is also served by a children's advocacy center and the report of | 696 |
alleged sexual abuse of a child or another type of abuse of a | 697 |
child is specified in the memorandum of understanding that creates | 698 |
the center as being within the center's jurisdiction, the agency | 699 |
or center shall perform the duties and functions specified in this | 700 |
division in accordance with the interagency agreement entered into | 701 |
under section 2151.428 of the Revised Code relative to that | 702 |
advocacy center. | 703 |
(5) A public children services agency shall advise a person | 704 |
alleged to have inflicted abuse or neglect on a child who is the | 705 |
subject of a report made pursuant to this section, including a | 706 |
report alleging sexual abuse of a child or another type of abuse | 707 |
of a child referred to a children's advocacy center pursuant to an | 708 |
interagency agreement entered into under section 2151.428 of the | 709 |
Revised Code, in writing of the disposition of the investigation. | 710 |
The agency shall not provide to the person any information that | 711 |
identifies the person who made the report, statements of | 712 |
witnesses, or police or other investigative reports. | 713 |
(I) Any report that is required by this section, other than a | 714 |
report that is made to the state highway patrol as described in | 715 |
section 5120.173 of the Revised Code, shall result in protective | 716 |
services and emergency supportive services being made available by | 717 |
the public children services agency on behalf of the children | 718 |
about whom the report is made, in an effort to prevent further | 719 |
neglect or abuse, to enhance their welfare, and, whenever | 720 |
possible, to preserve the family unit intact. The agency required | 721 |
to provide the services shall be the agency conducting the | 722 |
investigation of the report pursuant to section 2151.422 of the | 723 |
Revised Code. | 724 |
(J)(1) Each public children services agency shall prepare a | 725 |
memorandum of understanding that is signed by all of the | 726 |
following: | 727 |
(a) If there is only one juvenile judge in the county, the | 728 |
juvenile judge of the county or the juvenile judge's | 729 |
representative; | 730 |
(b) If there is more than one juvenile judge in the county, a | 731 |
juvenile judge or the juvenile judges' representative selected by | 732 |
the juvenile judges or, if they are unable to do so for any | 733 |
reason, the juvenile judge who is senior in point of service or | 734 |
the senior juvenile judge's representative; | 735 |
(c) The county peace officer; | 736 |
(d) All chief municipal peace officers within the county; | 737 |
(e) Other law enforcement officers handling child abuse and | 738 |
neglect cases in the county; | 739 |
(f) The prosecuting attorney of the county; | 740 |
(g) If the public children services agency is not the county | 741 |
department of job and family services, the county department of | 742 |
job and family services; | 743 |
(h) The county humane society; | 744 |
(i) If the public children services agency participated in | 745 |
the execution of a memorandum of understanding under section | 746 |
2151.426 of the Revised Code establishing a children's advocacy | 747 |
center, each participating member of the children's advocacy | 748 |
center established by the memorandum. | 749 |
(2) A memorandum of understanding shall set forth the normal | 750 |
operating procedure to be employed by all concerned officials in | 751 |
the execution of their respective responsibilities under this | 752 |
section and division (C) of section 2919.21, division (B)(1) of | 753 |
section 2919.22, division (B) of section 2919.23, and section | 754 |
2919.24 of the Revised Code and shall have as two of its primary | 755 |
goals the elimination of all unnecessary interviews of children | 756 |
who are the subject of reports made pursuant to division (A) or | 757 |
(B) of this section and, when feasible, providing for only one | 758 |
interview of a child who is the subject of any report made | 759 |
pursuant to division (A) or (B) of this section. A failure to | 760 |
follow the procedure set forth in the memorandum by the concerned | 761 |
officials is not grounds for, and shall not result in, the | 762 |
dismissal of any charges or complaint arising from any reported | 763 |
case of abuse or neglect or the suppression of any evidence | 764 |
obtained as a result of any reported child abuse or child neglect | 765 |
and does not give, and shall not be construed as giving, any | 766 |
rights or any grounds for appeal or post-conviction relief to any | 767 |
person. | 768 |
(3) A memorandum of understanding shall include all of the | 769 |
following: | 770 |
(a) The roles and responsibilities for handling emergency and | 771 |
nonemergency cases of abuse and neglect; | 772 |
(b) Standards and procedures to be used in handling and | 773 |
coordinating investigations of reported cases of child abuse and | 774 |
reported cases of child neglect, methods to be used in | 775 |
interviewing the child who is the subject of the report and who | 776 |
allegedly was abused or neglected, and standards and procedures | 777 |
addressing the categories of persons who may interview the child | 778 |
who is the subject of the report and who allegedly was abused or | 779 |
neglected. | 780 |
(4) If a public children services agency participated in the | 781 |
execution of a memorandum of understanding under section 2151.426 | 782 |
of the Revised Code establishing a children's advocacy center, the | 783 |
agency shall incorporate the contents of that memorandum in the | 784 |
memorandum prepared pursuant to this section. | 785 |
(5) The clerk of the court of common pleas in the county may | 786 |
sign the memorandum of understanding prepared under division | 787 |
(J)(1) of this section. If the clerk signs the memorandum of | 788 |
understanding, the clerk shall execute all relevant | 789 |
responsibilities as required of officials specified in the | 790 |
memorandum. | 791 |
(K)(1) Except as provided in division (K)(4) of this section, | 792 |
a person who is required to make a report pursuant to division (A) | 793 |
of this section may make a reasonable number of requests of the | 794 |
public children services agency that receives or is referred the | 795 |
report, or of the children's advocacy center that is referred the | 796 |
report if the report is referred to a children's advocacy center | 797 |
pursuant to an interagency agreement entered into under section | 798 |
2151.428 of the Revised Code, to be provided with the following | 799 |
information: | 800 |
(a) Whether the agency or center has initiated an | 801 |
investigation of the report; | 802 |
(b) Whether the agency or center is continuing to investigate | 803 |
the report; | 804 |
(c) Whether the agency or center is otherwise involved with | 805 |
the child who is the subject of the report; | 806 |
(d) The general status of the health and safety of the child | 807 |
who is the subject of the report; | 808 |
(e) Whether the report has resulted in the filing of a | 809 |
complaint in juvenile court or of criminal charges in another | 810 |
court. | 811 |
(2) A person may request the information specified in | 812 |
division (K)(1) of this section only if, at the time the report is | 813 |
made, the person's name, address, and telephone number are | 814 |
provided to the person who receives the report. | 815 |
When a municipal or county peace officer or employee of a | 816 |
public children services agency receives a report pursuant to | 817 |
division (A) or (B) of this section the recipient of the report | 818 |
shall inform the person of the right to request the information | 819 |
described in division (K)(1) of this section. The recipient of the | 820 |
report shall include in the initial child abuse or child neglect | 821 |
report that the person making the report was so informed and, if | 822 |
provided at the time of the making of the report, shall include | 823 |
the person's name, address, and telephone number in the report. | 824 |
Each request is subject to verification of the identity of | 825 |
the person making the report. If that person's identity is | 826 |
verified, the agency shall provide the person with the information | 827 |
described in division (K)(1) of this section a reasonable number | 828 |
of times, except that the agency shall not disclose any | 829 |
confidential information regarding the child who is the subject of | 830 |
the report other than the information described in those | 831 |
divisions. | 832 |
(3) A request made pursuant to division (K)(1) of this | 833 |
section is not a substitute for any report required to be made | 834 |
pursuant to division (A) of this section. | 835 |
(4) If an agency other than the agency that received or was | 836 |
referred the report is conducting the investigation of the report | 837 |
pursuant to section 2151.422 of the Revised Code, the agency | 838 |
conducting the investigation shall comply with the requirements of | 839 |
division (K) of this section. | 840 |
(L) The director of job and family services shall adopt rules | 841 |
in accordance with Chapter 119. of the Revised Code to implement | 842 |
this section. The department of job and family services may enter | 843 |
into a plan of cooperation with any other governmental entity to | 844 |
aid in ensuring that children are protected from abuse and | 845 |
neglect. The department shall make recommendations to the attorney | 846 |
general that the department determines are necessary to protect | 847 |
children from child abuse and child neglect. | 848 |
(M) Whoever violates division (A) of this section is liable | 849 |
for compensatory and exemplary damages to the child who would have | 850 |
been the subject of the report that was not made. A person who | 851 |
brings a civil action or proceeding pursuant to this division | 852 |
against a person who is alleged to have violated division (A)(1) | 853 |
of this section may use in the action or proceeding reports of | 854 |
other incidents of known or suspected abuse or neglect, provided | 855 |
that any information in a report that would identify the child who | 856 |
is the subject of the report or the maker of the report, if the | 857 |
maker is not the defendant or an agent or employee of the | 858 |
defendant, has been redacted. | 859 |
(N)(1) As used in this division: | 860 |
(a) "Out-of-home care" includes a nonchartered nonpublic | 861 |
school if the alleged child abuse or child neglect, or alleged | 862 |
threat of child abuse or child neglect, described in a report | 863 |
received by a public children services agency allegedly occurred | 864 |
in or involved the nonchartered nonpublic school and the alleged | 865 |
perpetrator named in the report holds a certificate, permit, or | 866 |
license issued by the state board of education under section | 867 |
3301.071 or Chapter 3319. of the Revised Code. | 868 |
(b) "Administrator, director, or other chief administrative | 869 |
officer" means the superintendent of the school district if the | 870 |
out-of-home care entity subject to a report made pursuant to this | 871 |
section is a school operated by the district. | 872 |
(2) No later than the end of the day following the day on | 873 |
which a public children services agency receives a report of | 874 |
alleged child abuse or child neglect, or a report of an alleged | 875 |
threat of child abuse or child neglect, that allegedly occurred in | 876 |
or involved an out-of-home care entity, the agency shall provide | 877 |
written notice of the allegations contained in and the person | 878 |
named as the alleged perpetrator in the report to the | 879 |
administrator, director, or other chief administrative officer of | 880 |
the out-of-home care entity that is the subject of the report | 881 |
unless the administrator, director, or other chief administrative | 882 |
officer is named as an alleged perpetrator in the report. If the | 883 |
administrator, director, or other chief administrative officer of | 884 |
an out-of-home care entity is named as an alleged perpetrator in a | 885 |
report of alleged child abuse or child neglect, or a report of an | 886 |
alleged threat of child abuse or child neglect, that allegedly | 887 |
occurred in or involved the out-of-home care entity, the agency | 888 |
shall provide the written notice to the owner or governing board | 889 |
of the out-of-home care entity that is the subject of the report. | 890 |
The agency shall not provide witness statements or police or other | 891 |
investigative reports. | 892 |
(3) No later than three days after the day on which a public | 893 |
children services agency that conducted the investigation as | 894 |
determined pursuant to section 2151.422 of the Revised Code makes | 895 |
a disposition of an investigation involving a report of alleged | 896 |
child abuse or child neglect, or a report of an alleged threat of | 897 |
child abuse or child neglect, that allegedly occurred in or | 898 |
involved an out-of-home care entity, the agency shall send written | 899 |
notice of the disposition of the investigation to the | 900 |
administrator, director, or other chief administrative officer and | 901 |
the owner or governing board of the out-of-home care entity. The | 902 |
agency shall not provide witness statements or police or other | 903 |
investigative reports. | 904 |
(O) As used in this section, "investigation" means the public | 905 |
children services agency's response to an accepted report of child | 906 |
abuse or neglect through either an alternative response or a | 907 |
traditional response. | 908 |
Sec. 5103.02. As used in sections 5103.03 to 5103.17 of the | 909 |
Revised Code: | 910 |
(A)(1) "Association" or "institution" includes all of the | 911 |
following: | 912 |
(a) Any incorporated or unincorporated organization, society, | 913 |
association, or agency, public or private, that receives or cares | 914 |
for children for two or more consecutive weeks; | 915 |
(b) Any individual, including the operator of a foster home, | 916 |
who, for hire, gain, or reward, receives or cares for children for | 917 |
two or more consecutive weeks, unless the individual is related to | 918 |
them by blood or marriage; | 919 |
(c) Any individual not in the regular employ of a court, or | 920 |
of an institution or association certified in accordance with | 921 |
section 5103.03 of the Revised Code, who in any manner becomes a | 922 |
party to the placing of children in foster homes, unless the | 923 |
individual is related to such children by blood or marriage or is | 924 |
the appointed guardian of such children. | 925 |
(2) "Association" or "institution" does not include any of | 926 |
the following: | 927 |
(a) Any organization, society, association, school, agency, | 928 |
child guidance center, detention or rehabilitation facility, or | 929 |
children's clinic licensed, regulated, approved, operated under | 930 |
the direction of, or otherwise certified by the department of | 931 |
education, a local board of education, the department of youth | 932 |
services, the department of mental health and addiction services, | 933 |
or the department of developmental disabilities; | 934 |
(b) Any individual who provides care for only a single-family | 935 |
group, placed there by their parents or other relative having | 936 |
custody; | 937 |
(c) A private, nonprofit therapeutic wilderness camp. | 938 |
(B) "Family foster home" means a foster home that is not a | 939 |
specialized foster home. | 940 |
(C) "Foster caregiver" means a person holding a valid foster | 941 |
home certificate issued under section 5103.03 of the Revised Code. | 942 |
(D) "Foster home" means a private residence in which children | 943 |
are received apart from their parents, guardian, or legal | 944 |
custodian, by an individual reimbursed for providing the children | 945 |
nonsecure care, supervision, or training twenty-four hours a day. | 946 |
"Foster home" does not include care provided for a child in the | 947 |
home of a person other than the child's parent, guardian, or legal | 948 |
custodian while the parent, guardian, or legal custodian is | 949 |
temporarily away. Family foster homes and specialized foster homes | 950 |
are types of foster homes. | 951 |
(E) "Medically fragile foster home" means a foster home that | 952 |
provides specialized medical services designed to meet the needs | 953 |
of children with intensive health care needs who meet all of the | 954 |
following criteria: | 955 |
(1) Under rules adopted by the medicaid director governing | 956 |
medicaid payments for long-term care services, the children | 957 |
require a skilled level of care. | 958 |
(2) The children require the services of a doctor of medicine | 959 |
or osteopathic medicine at least once a week due to the | 960 |
instability of their medical conditions. | 961 |
(3) The children require the services of a registered nurse | 962 |
on a daily basis. | 963 |
(4) The children are at risk of institutionalization in a | 964 |
hospital, skilled nursing facility, or intermediate care facility | 965 |
for individuals with intellectual disabilities. | 966 |
(F) "Private, nonprofit therapeutic wilderness camp" means a | 967 |
structured, alternative residential setting for children who are | 968 |
experiencing emotional, behavioral, moral, social, or learning | 969 |
difficulties at home or school in which all of the following are | 970 |
the case: | 971 |
(1) The children spend the majority of their time, including | 972 |
overnight, either outdoors or in a primitive structure. | 973 |
(2) The children have been placed there by their parents or | 974 |
another relative having custody. | 975 |
(3) The camp accepts no public funds for use in its | 976 |
operations. | 977 |
(G) "Recommending agency" means a public children services | 978 |
agency, private child placing agency, or private noncustodial | 979 |
agency that recommends that the department of job and family | 980 |
services take any of the following actions under section 5103.03 | 981 |
of the Revised Code regarding a foster home: | 982 |
(1) Issue a certificate; | 983 |
(2) Deny a certificate; | 984 |
(3) Renew a certificate; | 985 |
(4) Deny renewal of a certificate; | 986 |
(5) Revoke a certificate. | 987 |
| 988 |
foster home or a treatment foster home. | 989 |
| 990 |
incorporates special rehabilitative services designed to treat the | 991 |
specific needs of the children received in the foster home and | 992 |
that receives and cares for children who are emotionally or | 993 |
behaviorally disturbed, chemically dependent, mentally retarded, | 994 |
developmentally disabled, or who otherwise have exceptional needs. | 995 |
Sec. 5103.50. (A) As used in this section and sections | 996 |
5103.51 to 5103.55 of the Revised Code, "private, nonprofit | 997 |
therapeutic wilderness camp" has the same meaning as in section | 998 |
5103.02 of the Revised Code. | 999 |
(B) The director of job and family services shall issue a | 1000 |
license to a private, nonprofit therapeutic wilderness camp that | 1001 |
meets the minimum standards for such camps specified in division | 1002 |
(C) of this section and applies to the director for a license on a | 1003 |
form prescribed by the director. | 1004 |
(C) Both of the following apply as the minimum standards to | 1005 |
be met by a private, nonprofit therapeutic wilderness camp: | 1006 |
(1) The camp shall develop and implement a written policy | 1007 |
that establishes all of the following: | 1008 |
(a) Standards for hiring, training, and supervising staff; | 1009 |
(b) Standards for behavioral intervention, including | 1010 |
standards prohibiting the use of prone restraint and governing the | 1011 |
use of other restraints or isolation; | 1012 |
(c) Standards for recordkeeping, including specifying | 1013 |
information that must be included in each child's record, who may | 1014 |
access records, confidentiality, maintenance, security, and | 1015 |
disposal of records; | 1016 |
(d) A procedure for handling complaints about the camp from | 1017 |
the children attending the camp, their families, staff, and the | 1018 |
public; | 1019 |
(e) Standards for emergency and disaster preparedness, | 1020 |
including procedures for emergency evacuation and standards | 1021 |
requiring that a method of emergency communication be accessible | 1022 |
at all times; | 1023 |
(f) Standards that ensure the protection of children's civil | 1024 |
rights; | 1025 |
(g) Standards for the admission and discharge of children | 1026 |
attending the camp, including standards for emergency discharge. | 1027 |
(2) The camp shall cooperate with any request from the | 1028 |
director for an inspection or for access to records or written | 1029 |
policies of the camp. | 1030 |
Sec. 5103.51. A license issued under section 5103.50 of the | 1031 |
Revised Code is valid for five years, unless earlier revoked by | 1032 |
the director of job and family services. The license may be | 1033 |
renewed. | 1034 |
Each private, nonprofit therapeutic wilderness camp seeking | 1035 |
license renewal shall submit to the director an application for | 1036 |
license renewal on such form as the director prescribes. If the | 1037 |
camp meets the minimum standards specified in section 5103.50 of | 1038 |
the Revised Code, the director shall renew the license. | 1039 |
Sec. 5103.52. (A) The director of job and family services | 1040 |
may inspect a private, nonprofit therapeutic wilderness camp at | 1041 |
any time. The director may delegate this authority to a county | 1042 |
department of job and family services. | 1043 |
(B) The director may request access to the camp's records or | 1044 |
to the written policies adopted by the camp pursuant to section | 1045 |
5103.50 of the Revised Code. The director may delegate this | 1046 |
authority to a county department of job and family services. | 1047 |
Sec. 5103.53. A private, nonprofit therapeutic wilderness | 1048 |
camp shall not operate without a license issued under section | 1049 |
5103.50 of the Revised Code. If the director of job and family | 1050 |
services determines that a camp is operating without a license, | 1051 |
the director may petition the court of common pleas in the county | 1052 |
in which the camp is located for an order enjoining its operation. | 1053 |
The court shall grant injunctive relief upon a showing that the | 1054 |
camp is operating without a license. | 1055 |
Sec. 5103.54. If a licensed private, nonprofit therapeutic | 1056 |
wilderness camp fails to meet the minimum standards set forth in | 1057 |
section 5103.50 of the Revised Code, the director of job and | 1058 |
family services shall notify the camp that the director intends to | 1059 |
revoke the license. Unless the violation poses an imminent risk to | 1060 |
the life, health, or safety of one or more children attending the | 1061 |
camp, the director shall give the camp ninety days to meet the | 1062 |
minimum standards. If the violation poses an imminent risk to the | 1063 |
life, health, or safety of one or more children attending the camp | 1064 |
or the camp fails to meet the minimum standards within ninety days | 1065 |
of receipt of the notice of revocation, the director shall revoke | 1066 |
the license. An order of revocation under this section may be | 1067 |
appealed in accordance with Chapter 119. of the Revised Code. | 1068 |
Sec. 5103.55. A parent of a child attending a private, | 1069 |
nonprofit therapeutic wilderness camp is not relieved of the | 1070 |
parent's obligations regarding compulsory school attendance | 1071 |
pursuant to section 3321.04 of the Revised Code. | 1072 |
Section 2. That existing sections 2151.011, 2151.421, and | 1073 |
5103.02 of the Revised Code are hereby repealed. | 1074 |
Section 3. The amendments to divisions (B)(49) and (50) of | 1075 |
section 2151.011 of the Revised Code by Am. Sub. H.B. 59 of the | 1076 |
130th General Assembly, which appear in this act and are to take | 1077 |
effect on July 1, 2014, are not accelerated by their inclusion in | 1078 |
this act. | 1079 |