Bill Text: OH HB438 | 2013-2014 | 130th General Assembly | Comm Sub

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Bill Title: To require persons listed in the statute that governs reports of known or suspected child abuse or neglect to notify the county public children services agency when an attorney in fact under a document that purports to grant parental rights requests services from those persons, to require the agency to investigate the child's placement with the attorney in fact, and to require the agency to file a dependency complaint if it determines that the placement is unsafe for the child.

Spectrum: Slight Partisan Bill (Republican 6-3)

Status: (Introduced - Dead) 2014-11-19 - Committee Report - S [HB438 Detail]

Download: Ohio-2013-HB438-Comm_Sub.html

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As Reported by the House Judiciary Committee

130th General Assembly Regular Session 2013-2014

Sub. H. B. No. 438

Representatives Pelanda, Grossman 

Cosponsors: Representatives Stebelton, Hackett, Phillips, Fedor, Buchy, Blair, Celebrezze 

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A BILL

To amend sections 2151.421, 2151.99, and 3109.51 and

1

to enact section 3109.81 of the Revised Code to

2

require persons listed in the statute that governs

3

reports of known or suspected child abuse or

4

neglect to notify the county public children

5

services agency when an attorney in fact under a

6

document that purports to grant parental rights

7

requests services from those persons, to require

8

the agency to investigate the child's placement

9

with the attorney in fact, and to require the

10

agency to file a dependency complaint if it

11

determines that the placement is unsafe for the

12

child.

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

Section 1. That sections 2151.421, 2151.99, and 3109.51 be	14
amended and section 3109.81 of the Revised Code be enacted to read	15
as follows:	16

Sec. 2151.421.  (A)(1)(a) No person described in division	17
(A)(1)(b) of this section who is acting in an official or	18
professional capacity and knows, or has reasonable cause to	19
suspect based on facts that would cause a reasonable person in a	20
similar position to suspect, that a child under eighteen years of	21
age or a mentally retarded, developmentally disabled, or	22
physically impaired child under twenty-one years of age has	23
suffered or faces a threat of suffering any physical or mental	24
wound, injury, disability, or condition of a nature that	25
reasonably indicates abuse or neglect of the child shall fail to	26
immediately report that knowledge or reasonable cause to suspect	27
to the entity or persons specified in this division. Except as	28
provided in section 5120.173 of the Revised Code, the person	29
making the report shall make it to the public children services	30
agency or a municipal or county peace officer in the county in	31
which the child resides or in which the abuse or neglect is	32
occurring or has occurred. In the circumstances described in	33
section 5120.173 of the Revised Code, the person making the report	34
shall make it to the entity specified in that section.	35

(b) Division (A)(1)(a) of this section applies to any person	36
who is an attorney; physician, including a hospital intern or	37
resident; dentist; podiatrist; practitioner of a limited branch of	38
medicine as specified in section 4731.15 of the Revised Code;	39
registered nurse; licensed practical nurse; visiting nurse; other	40
health care professional; licensed psychologist; licensed school	41
psychologist; independent marriage and family therapist or	42
marriage and family therapist; speech pathologist or audiologist;	43
coroner; administrator or employee of a child day-care center;	44
administrator or employee of a residential camp or child day camp;	45
administrator or employee of a certified child care agency or	46
other public or private children services agency; school teacher;	47
school employee; school authority; person engaged in social work	48
or the practice of professional counseling; agent of a county	49
humane society; person, other than a cleric, rendering spiritual	50
treatment through prayer in accordance with the tenets of a	51
well-recognized religion; employee of a county department of job	52
and family services who is a professional and who works with	53
children and families; superintendent, board member, or employee	54
of a county board of developmental disabilities; investigative	55
agent contracted with by a county board of developmental	56
disabilities; employee of the department of developmental	57
disabilities; employee of a facility or home that provides respite	58
care in accordance with section 5123.171 of the Revised Code;	59
employee of a home health agency; employee of an entity that	60
provides homemaker services; a person performing the duties of an	61
assessor pursuant to Chapter 3107. or 5103. of the Revised Code;	62
or third party employed by a public children services agency to	63
assist in providing child or family related services.	64

(c) A person listed in division (A)(1)(b) of this section, on	65
being presented with a document, other than a court order, power	66
of attorney given to a grandparent under section 3109.52 of the	67
Revised Code, or caretaker authorization affidavit executed under	68
section 3109.65 of the Revised Code, as authority for requesting	69
services for the child, shall comply with section 3109.81 of the	70
Revised Code.	71

(2) Except as provided in division (A)(3) of this section, an	72
attorney or a physician is not required to make a report pursuant	73
to division (A)(1) of this section concerning any communication	74
the attorney or physician receives from a client or patient in an	75
attorney-client or physician-patient relationship, if, in	76
accordance with division (A) or (B) of section 2317.02 of the	77
Revised Code, the attorney or physician could not testify with	78
respect to that communication in a civil or criminal proceeding.	79

(3) The client or patient in an attorney-client or	80
physician-patient relationship described in division (A)(2) of	81
this section is deemed to have waived any testimonial privilege	82
under division (A) or (B) of section 2317.02 of the Revised Code	83
with respect to any communication the attorney or physician	84
receives from the client or patient in that attorney-client or	85
physician-patient relationship, and the attorney or physician	86
shall make a report pursuant to division (A)(1) of this section	87
with respect to that communication, if all of the following apply:	88

(a) The client or patient, at the time of the communication,	89
is either a child under eighteen years of age or a mentally	90
retarded, developmentally disabled, or physically impaired person	91
under twenty-one years of age.	92

(b) The attorney or physician knows, or has reasonable cause	93
to suspect based on facts that would cause a reasonable person in	94
similar position to suspect, as a result of the communication or	95
any observations made during that communication, that the client	96
or patient has suffered or faces a threat of suffering any	97
physical or mental wound, injury, disability, or condition of a	98
nature that reasonably indicates abuse or neglect of the client or	99
patient.	100

(c) The abuse or neglect does not arise out of the client's	101
or patient's attempt to have an abortion without the notification	102
of her parents, guardian, or custodian in accordance with section	103
2151.85 of the Revised Code.	104

(4)(a) No cleric and no person, other than a volunteer,	105
designated by any church, religious society, or faith acting as a	106
leader, official, or delegate on behalf of the church, religious	107
society, or faith who is acting in an official or professional	108
capacity, who knows, or has reasonable cause to believe based on	109
facts that would cause a reasonable person in a similar position	110
to believe, that a child under eighteen years of age or a mentally	111
retarded, developmentally disabled, or physically impaired child	112
under twenty-one years of age has suffered or faces a threat of	113
suffering any physical or mental wound, injury, disability, or	114
condition of a nature that reasonably indicates abuse or neglect	115
of the child, and who knows, or has reasonable cause to believe	116
based on facts that would cause a reasonable person in a similar	117
position to believe, that another cleric or another person, other	118
than a volunteer, designated by a church, religious society, or	119
faith acting as a leader, official, or delegate on behalf of the	120
church, religious society, or faith caused, or poses the threat of	121
causing, the wound, injury, disability, or condition that	122
reasonably indicates abuse or neglect shall fail to immediately	123
report that knowledge or reasonable cause to believe to the entity	124
or persons specified in this division. Except as provided in	125
section 5120.173 of the Revised Code, the person making the report	126
shall make it to the public children services agency or a	127
municipal or county peace officer in the county in which the child	128
resides or in which the abuse or neglect is occurring or has	129
occurred. In the circumstances described in section 5120.173 of	130
the Revised Code, the person making the report shall make it to	131
the entity specified in that section.	132

(b) Except as provided in division (A)(4)(c) of this section,	133
a cleric is not required to make a report pursuant to division	134
(A)(4)(a) of this section concerning any communication the cleric	135
receives from a penitent in a cleric-penitent relationship, if, in	136
accordance with division (C) of section 2317.02 of the Revised	137
Code, the cleric could not testify with respect to that	138
communication in a civil or criminal proceeding.	139

(c) The penitent in a cleric-penitent relationship described	140
in division (A)(4)(b) of this section is deemed to have waived any	141
testimonial privilege under division (C) of section 2317.02 of the	142
Revised Code with respect to any communication the cleric receives	143
from the penitent in that cleric-penitent relationship, and the	144
cleric shall make a report pursuant to division (A)(4)(a) of this	145
section with respect to that communication, if all of the	146
following apply:	147

(i) The penitent, at the time of the communication, is either	148
a child under eighteen years of age or a mentally retarded,	149
developmentally disabled, or physically impaired person under	150
twenty-one years of age.	151

(ii) The cleric knows, or has reasonable cause to believe	152
based on facts that would cause a reasonable person in a similar	153
position to believe, as a result of the communication or any	154
observations made during that communication, the penitent has	155
suffered or faces a threat of suffering any physical or mental	156
wound, injury, disability, or condition of a nature that	157
reasonably indicates abuse or neglect of the penitent.	158

(iii) The abuse or neglect does not arise out of the	159
penitent's attempt to have an abortion performed upon a child	160
under eighteen years of age or upon a mentally retarded,	161
developmentally disabled, or physically impaired person under	162
twenty-one years of age without the notification of her parents,	163
guardian, or custodian in accordance with section 2151.85 of the	164
Revised Code.	165

(d) Divisions (A)(4)(a) and (c) of this section do not apply	166
in a cleric-penitent relationship when the disclosure of any	167
communication the cleric receives from the penitent is in	168
violation of the sacred trust.	169

(e) As used in divisions (A)(1) and (4) of this section,	170
"cleric" and "sacred trust" have the same meanings as in section	171
2317.02 of the Revised Code.	172

(B) Anyone who knows, or has reasonable cause to suspect	173
based on facts that would cause a reasonable person in similar	174
circumstances to suspect, that a child under eighteen years of age	175
or a mentally retarded, developmentally disabled, or physically	176
impaired person under twenty-one years of age has suffered or	177
faces a threat of suffering any physical or mental wound, injury,	178
disability, or other condition of a nature that reasonably	179
indicates abuse or neglect of the child may report or cause	180
reports to be made of that knowledge or reasonable cause to	181
suspect to the entity or persons specified in this division.	182
Except as provided in section 5120.173 of the Revised Code, a	183
person making a report or causing a report to be made under this	184
division shall make it or cause it to be made to the public	185
children services agency or to a municipal or county peace	186
officer. In the circumstances described in section 5120.173 of the	187
Revised Code, a person making a report or causing a report to be	188
made under this division shall make it or cause it to be made to	189
the entity specified in that section.	190

(C) Any report made pursuant to division (A) or (B) of this	191
section shall be made forthwith either by telephone or in person	192
and shall be followed by a written report, if requested by the	193
receiving agency or officer. The written report shall contain:	194

(1) The names and addresses of the child and the child's	195
parents or the person or persons having custody of the child, if	196
known;	197

(2) The child's age and the nature and extent of the child's	198
injuries, abuse, or neglect that is known or reasonably suspected	199
or believed, as applicable, to have occurred or of the threat of	200
injury, abuse, or neglect that is known or reasonably suspected or	201
believed, as applicable, to exist, including any evidence of	202
previous injuries, abuse, or neglect;	203

(3) Any other information that might be helpful in	204
establishing the cause of the injury, abuse, or neglect that is	205
known or reasonably suspected or believed, as applicable, to have	206
occurred or of the threat of injury, abuse, or neglect that is	207
known or reasonably suspected or believed, as applicable, to	208
exist.	209

Any person, who is required by division (A) of this section	210
to report child abuse or child neglect that is known or reasonably	211
suspected or believed to have occurred, may take or cause to be	212
taken color photographs of areas of trauma visible on a child and,	213
if medically indicated, cause to be performed radiological	214
examinations of the child.	215

(D) As used in this division, "children's advocacy center"	216
and "sexual abuse of a child" have the same meanings as in section	217
2151.425 of the Revised Code.	218

(1) When a municipal or county peace officer receives a	219
report concerning the possible abuse or neglect of a child or the	220
possible threat of abuse or neglect of a child, upon receipt of	221
the report, the municipal or county peace officer who receives the	222
report shall refer the report to the appropriate public children	223
services agency.	224

(2) When a public children services agency receives a report	225
pursuant to this division or division (A) or (B) of this section,	226
upon receipt of the report, the public children services agency	227
shall do both of the following:	228

(a) Comply with section 2151.422 of the Revised Code;

229

(b) If the county served by the agency is also served by a	230
children's advocacy center and the report alleges sexual abuse of	231
a child or another type of abuse of a child that is specified in	232
the memorandum of understanding that creates the center as being	233
within the center's jurisdiction, comply regarding the report with	234
the protocol and procedures for referrals and investigations, with	235
the coordinating activities, and with the authority or	236
responsibility for performing or providing functions, activities,	237
and services stipulated in the interagency agreement entered into	238
under section 2151.428 of the Revised Code relative to that	239
center.	240

(E) No township, municipal, or county peace officer shall	241
remove a child about whom a report is made pursuant to this	242
section from the child's parents, stepparents, or guardian or any	243
other persons having custody of the child without consultation	244
with the public children services agency, unless, in the judgment	245
of the officer, and, if the report was made by physician, the	246
physician, immediate removal is considered essential to protect	247
the child from further abuse or neglect. The agency that must be	248
consulted shall be the agency conducting the investigation of the	249
report as determined pursuant to section 2151.422 of the Revised	250
Code.	251

(F)(1) Except as provided in section 2151.422 of the Revised	252
Code or in an interagency agreement entered into under section	253
2151.428 of the Revised Code that applies to the particular	254
report, the public children services agency shall investigate,	255
within twenty-four hours, each report of child abuse or child	256
neglect that is known or reasonably suspected or believed to have	257
occurred and of a threat of child abuse or child neglect that is	258
known or reasonably suspected or believed to exist that is	259
referred to it under this section to determine the circumstances	260
surrounding the injuries, abuse, or neglect or the threat of	261
injury, abuse, or neglect, the cause of the injuries, abuse,	262
neglect, or threat, and the person or persons responsible. The	263
investigation shall be made in cooperation with the law	264
enforcement agency and in accordance with the memorandum of	265
understanding prepared under division (J) of this section. A	266
representative of the public children services agency shall, at	267
the time of initial contact with the person subject to the	268
investigation, inform the person of the specific complaints or	269
allegations made against the person. The information shall be	270
given in a manner that is consistent with division (H)(1) of this	271
section and protects the rights of the person making the report	272
under this section.	273

A failure to make the investigation in accordance with the	274
memorandum is not grounds for, and shall not result in, the	275
dismissal of any charges or complaint arising from the report or	276
the suppression of any evidence obtained as a result of the report	277
and does not give, and shall not be construed as giving, any	278
rights or any grounds for appeal or post-conviction relief to any	279
person. The public children services agency shall report each case	280
to the uniform statewide automated child welfare information	281
system that the department of job and family services shall	282
maintain in accordance with section 5101.13 of the Revised Code.	283
The public children services agency shall submit a report of its	284
investigation, in writing, to the law enforcement agency.	285

(2) The public children services agency shall make any	286
recommendations to the county prosecuting attorney or city	287
director of law that it considers necessary to protect any	288
children that are brought to its attention.	289

(G)(1)(a) Except as provided in division (H)(3) of this	290
section, anyone or any hospital, institution, school, health	291
department, or agency participating in the making of reports under	292
division (A) of this section, anyone or any hospital, institution,	293
school, health department, or agency participating in good faith	294
in the making of reports under division (B) of this section, and	295
anyone participating in good faith in a judicial proceeding	296
resulting from the reports, shall be immune from any civil or	297
criminal liability for injury, death, or loss to person or	298
property that otherwise might be incurred or imposed as a result	299
of the making of the reports or the participation in the judicial	300
proceeding.	301

(b) Notwithstanding section 4731.22 of the Revised Code, the	302
physician-patient privilege shall not be a ground for excluding	303
evidence regarding a child's injuries, abuse, or neglect, or the	304
cause of the injuries, abuse, or neglect in any judicial	305
proceeding resulting from a report submitted pursuant to this	306
section.	307

(2) In any civil or criminal action or proceeding in which it	308
is alleged and proved that participation in the making of a report	309
under this section was not in good faith or participation in a	310
judicial proceeding resulting from a report made under this	311
section was not in good faith, the court shall award the	312
prevailing party reasonable attorney's fees and costs and, if a	313
civil action or proceeding is voluntarily dismissed, may award	314
reasonable attorney's fees and costs to the party against whom the	315
civil action or proceeding is brought.	316

(H)(1) Except as provided in divisions (H)(4) and (N) of this	317
section, a report made under this section is confidential. The	318
information provided in a report made pursuant to this section and	319
the name of the person who made the report shall not be released	320
for use, and shall not be used, as evidence in any civil action or	321
proceeding brought against the person who made the report. Nothing	322
in this division shall preclude the use of reports of other	323
incidents of known or suspected abuse or neglect in a civil action	324
or proceeding brought pursuant to division (M) of this section	325
against a person who is alleged to have violated division (A)(1)	326
of this section, provided that any information in a report that	327
would identify the child who is the subject of the report or the	328
maker of the report, if the maker of the report is not the	329
defendant or an agent or employee of the defendant, has been	330
redacted. In a criminal proceeding, the report is admissible in	331
evidence in accordance with the Rules of Evidence and is subject	332
to discovery in accordance with the Rules of Criminal Procedure.	333

(2) No person shall permit or encourage the unauthorized	334
dissemination of the contents of any report made under this	335
section.	336

(3) A person who knowingly makes or causes another person to	337
make a false report under division (B) of this section that	338
alleges that any person has committed an act or omission that	339
resulted in a child being an abused child or a neglected child is	340
guilty of a violation of section 2921.14 of the Revised Code.	341

(4) If a report is made pursuant to division (A) or (B) of	342
this section and the child who is the subject of the report dies	343
for any reason at any time after the report is made, but before	344
the child attains eighteen years of age, the public children	345
services agency or municipal or county peace officer to which the	346
report was made or referred, on the request of the child fatality	347
review board, shall submit a summary sheet of information	348
providing a summary of the report to the review board of the	349
county in which the deceased child resided at the time of death.	350
On the request of the review board, the agency or peace officer	351
may, at its discretion, make the report available to the review	352
board. If the county served by the public children services agency	353
is also served by a children's advocacy center and the report of	354
alleged sexual abuse of a child or another type of abuse of a	355
child is specified in the memorandum of understanding that creates	356
the center as being within the center's jurisdiction, the agency	357
or center shall perform the duties and functions specified in this	358
division in accordance with the interagency agreement entered into	359
under section 2151.428 of the Revised Code relative to that	360
advocacy center.	361

(5) A public children services agency shall advise a person	362
alleged to have inflicted abuse or neglect on a child who is the	363
subject of a report made pursuant to this section, including a	364
report alleging sexual abuse of a child or another type of abuse	365
of a child referred to a children's advocacy center pursuant to an	366
interagency agreement entered into under section 2151.428 of the	367
Revised Code, in writing of the disposition of the investigation.	368
The agency shall not provide to the person any information that	369
identifies the person who made the report, statements of	370
witnesses, or police or other investigative reports.	371

(I) Any report that is required by this section, other than a	372
report that is made to the state highway patrol as described in	373
section 5120.173 of the Revised Code, shall result in protective	374
services and emergency supportive services being made available by	375
the public children services agency on behalf of the children	376
about whom the report is made, in an effort to prevent further	377
neglect or abuse, to enhance their welfare, and, whenever	378
possible, to preserve the family unit intact. The agency required	379
to provide the services shall be the agency conducting the	380
investigation of the report pursuant to section 2151.422 of the	381
Revised Code.	382

(J)(1) Each public children services agency shall prepare a	383
memorandum of understanding that is signed by all of the	384
following:	385

(a) If there is only one juvenile judge in the county, the	386
juvenile judge of the county or the juvenile judge's	387
representative;	388

(b) If there is more than one juvenile judge in the county, a	389
juvenile judge or the juvenile judges' representative selected by	390
the juvenile judges or, if they are unable to do so for any	391
reason, the juvenile judge who is senior in point of service or	392
the senior juvenile judge's representative;	393

(c) The county peace officer;

394

(d) All chief municipal peace officers within the county;

395

(e) Other law enforcement officers handling child abuse and	396
neglect cases in the county;	397

(f) The prosecuting attorney of the county;

398

(g) If the public children services agency is not the county	399
department of job and family services, the county department of	400
job and family services;	401

(h) The county humane society;

402

(i) If the public children services agency participated in	403
the execution of a memorandum of understanding under section	404
2151.426 of the Revised Code establishing a children's advocacy	405
center, each participating member of the children's advocacy	406
center established by the memorandum.	407

(2) A memorandum of understanding shall set forth the normal	408
operating procedure to be employed by all concerned officials in	409
the execution of their respective responsibilities under this	410
section and division (C) of section 2919.21, division (B)(1) of	411
section 2919.22, division (B) of section 2919.23, and section	412
2919.24 of the Revised Code and shall have as two of its primary	413
goals the elimination of all unnecessary interviews of children	414
who are the subject of reports made pursuant to division (A) or	415
(B) of this section and, when feasible, providing for only one	416
interview of a child who is the subject of any report made	417
pursuant to division (A) or (B) of this section. A failure to	418
follow the procedure set forth in the memorandum by the concerned	419
officials is not grounds for, and shall not result in, the	420
dismissal of any charges or complaint arising from any reported	421
case of abuse or neglect or the suppression of any evidence	422
obtained as a result of any reported child abuse or child neglect	423
and does not give, and shall not be construed as giving, any	424
rights or any grounds for appeal or post-conviction relief to any	425
person.	426

(3) A memorandum of understanding shall include all of the	427
following:	428

(a) The roles and responsibilities for handling emergency and	429
nonemergency cases of abuse and neglect;	430

(b) Standards and procedures to be used in handling and	431
coordinating investigations of reported cases of child abuse and	432
reported cases of child neglect, methods to be used in	433
interviewing the child who is the subject of the report and who	434
allegedly was abused or neglected, and standards and procedures	435
addressing the categories of persons who may interview the child	436
who is the subject of the report and who allegedly was abused or	437
neglected.	438

(4) If a public children services agency participated in the	439
execution of a memorandum of understanding under section 2151.426	440
of the Revised Code establishing a children's advocacy center, the	441
agency shall incorporate the contents of that memorandum in the	442
memorandum prepared pursuant to this section.	443

(5) The clerk of the court of common pleas in the county may	444
sign the memorandum of understanding prepared under division	445
(J)(1) of this section. If the clerk signs the memorandum of	446
understanding, the clerk shall execute all relevant	447
responsibilities as required of officials specified in the	448
memorandum.	449

(K)(1) Except as provided in division (K)(4) of this section,	450
a person who is required to make a report pursuant to division (A)	451
of this section may make a reasonable number of requests of the	452
public children services agency that receives or is referred the	453
report, or of the children's advocacy center that is referred the	454
report if the report is referred to a children's advocacy center	455
pursuant to an interagency agreement entered into under section	456
2151.428 of the Revised Code, to be provided with the following	457
information:	458

(a) Whether the agency or center has initiated an	459
investigation of the report;	460

(b) Whether the agency or center is continuing to investigate	461
the report;	462

(c) Whether the agency or center is otherwise involved with	463
the child who is the subject of the report;	464

(d) The general status of the health and safety of the child	465
who is the subject of the report;	466

(e) Whether the report has resulted in the filing of a	467
complaint in juvenile court or of criminal charges in another	468
court.	469

(2) A person may request the information specified in	470
division (K)(1) of this section only if, at the time the report is	471
made, the person's name, address, and telephone number are	472
provided to the person who receives the report.	473

When a municipal or county peace officer or employee of a	474
public children services agency receives a report pursuant to	475
division (A) or (B) of this section the recipient of the report	476
shall inform the person of the right to request the information	477
described in division (K)(1) of this section. The recipient of the	478
report shall include in the initial child abuse or child neglect	479
report that the person making the report was so informed and, if	480
provided at the time of the making of the report, shall include	481
the person's name, address, and telephone number in the report.	482

Each request is subject to verification of the identity of	483
the person making the report. If that person's identity is	484
verified, the agency shall provide the person with the information	485
described in division (K)(1) of this section a reasonable number	486
of times, except that the agency shall not disclose any	487
confidential information regarding the child who is the subject of	488
the report other than the information described in those	489
divisions.	490

(3) A request made pursuant to division (K)(1) of this	491
section is not a substitute for any report required to be made	492
pursuant to division (A) of this section.	493

(4) If an agency other than the agency that received or was	494
referred the report is conducting the investigation of the report	495
pursuant to section 2151.422 of the Revised Code, the agency	496
conducting the investigation shall comply with the requirements of	497
division (K) of this section.	498

(L) The director of job and family services shall adopt rules	499
in accordance with Chapter 119. of the Revised Code to implement	500
this section. The department of job and family services may enter	501
into a plan of cooperation with any other governmental entity to	502
aid in ensuring that children are protected from abuse and	503
neglect. The department shall make recommendations to the attorney	504
general that the department determines are necessary to protect	505
children from child abuse and child neglect.	506

(M) Whoever violates division (A) of this section is liable	507
for compensatory and exemplary damages to the child who would have	508
been the subject of the report that was not made. A person who	509
brings a civil action or proceeding pursuant to this division	510
against a person who is alleged to have violated division (A)(1)	511
of this section may use in the action or proceeding reports of	512
other incidents of known or suspected abuse or neglect, provided	513
that any information in a report that would identify the child who	514
is the subject of the report or the maker of the report, if the	515
maker is not the defendant or an agent or employee of the	516
defendant, has been redacted.	517

(N)(1) As used in this division:

518

(a) "Out-of-home care" includes a nonchartered nonpublic	519
school if the alleged child abuse or child neglect, or alleged	520
threat of child abuse or child neglect, described in a report	521
received by a public children services agency allegedly occurred	522
in or involved the nonchartered nonpublic school and the alleged	523
perpetrator named in the report holds a certificate, permit, or	524
license issued by the state board of education under section	525
3301.071 or Chapter 3319. of the Revised Code.	526

(b) "Administrator, director, or other chief administrative	527
officer" means the superintendent of the school district if the	528
out-of-home care entity subject to a report made pursuant to this	529
section is a school operated by the district.	530

(2) No later than the end of the day following the day on	531
which a public children services agency receives a report of	532
alleged child abuse or child neglect, or a report of an alleged	533
threat of child abuse or child neglect, that allegedly occurred in	534
or involved an out-of-home care entity, the agency shall provide	535
written notice of the allegations contained in and the person	536
named as the alleged perpetrator in the report to the	537
administrator, director, or other chief administrative officer of	538
the out-of-home care entity that is the subject of the report	539
unless the administrator, director, or other chief administrative	540
officer is named as an alleged perpetrator in the report. If the	541
administrator, director, or other chief administrative officer of	542
an out-of-home care entity is named as an alleged perpetrator in a	543
report of alleged child abuse or child neglect, or a report of an	544
alleged threat of child abuse or child neglect, that allegedly	545
occurred in or involved the out-of-home care entity, the agency	546
shall provide the written notice to the owner or governing board	547
of the out-of-home care entity that is the subject of the report.	548
The agency shall not provide witness statements or police or other	549
investigative reports.	550

(3) No later than three days after the day on which a public	551
children services agency that conducted the investigation as	552
determined pursuant to section 2151.422 of the Revised Code makes	553
a disposition of an investigation involving a report of alleged	554
child abuse or child neglect, or a report of an alleged threat of	555
child abuse or child neglect, that allegedly occurred in or	556
involved an out-of-home care entity, the agency shall send written	557
notice of the disposition of the investigation to the	558
administrator, director, or other chief administrative officer and	559
the owner or governing board of the out-of-home care entity. The	560
agency shall not provide witness statements or police or other	561
investigative reports.	562

(O) As used in this section, "investigation" means the public	563
children services agency's response to an accepted report of child	564
abuse or neglect through either an alternative response or a	565
traditional response.	566

Sec. 2151.99.  (A)(1) Except as otherwise provided in	567
division (A)(2) of this section, whoever violates division (D)(2)	568
or (3) of section 2151.313 or division , (A)(4),or (H)(2) of	569
section 2151.421 of the Revised Code is guilty of a misdemeanor of	570
the fourth degree.	571

(2) Whoever violates division (A)(4) of section 2151.421 of	572
the Revised Code knowing that a child has been abused or neglected	573
and knowing that the person who committed the abuse or neglect was	574
a cleric or another person, other than a volunteer, designated by	575
a church, religious society, or faith acting as a leader,	576
official, or delegate on behalf of the church, religious society,	577
or faith, is guilty of a misdemeanor of the first degree if the	578
person who violates division (A)(4) of this section and the person	579
who committed the abuse or neglect belong to the same church,	580
religious society, or faith.	581

(B) Whoever violates division (D)(1) of section 2151.313 of	582
the Revised Code is guilty of a minor misdemeanor.	583

(C) Whoever violates division (A)(1)(a) of section 2151.421	584
of the Revised Code shall be punished as follows:	585

(1) Except as otherwise provided in division (C)(2) of this	586
section, the offender is guilty of a misdemeanor of the fourth	587
degree.	588

(2) The offender is guilty of a misdemeanor of the first	589
degree if the child who is the subject of the required report that	590
the offender fails to make suffers or faces the threat of	591
suffering the physical or mental wound, injury, disability, or	592
condition that would be the basis of the required report when the	593
child is under the direct care or supervision of the offender who	594
is then acting in the offender's official or professional capacity	595
or when the child is under the direct care or supervision of	596
another person over whom the offender while acting in the	597
offender's official or professional capacity has supervisory	598
control.	599

Sec. 3109.51.  As used in sections 3109.52 to 3109.803109.81	600
of the Revised Code:	601

(A) "Child" means a person under eighteen years of age.

602

(B) "Custodian" means an individual with legal custody of a	603
child.	604

(C) "Guardian" means an individual granted authority by a	605
probate court pursuant to Chapter 2111. of the Revised Code to	606
exercise parental rights over a child to the extent provided in	607
the court's order and subject to the residual parental rights,	608
privileges, and responsibilities of the child's parents.	609

(D) "Legal custody" and "residual parental rights,	610
privileges, and responsibilities" have the same meanings as in	611
section 2151.011 of the Revised Code.	612

Sec. 3109.81.  (A) As used in this section, "service	613
provider" means any person listed in division (A)(1)(b) of section	614
2151.421 of the Revised Code.	615

(B) (1) Except as provided in division (B)(2) of this	616
section, when an attorney in fact under a document that purports	617
to grant to a person with whom a child is residing any of the	618
parent's, guardian's, or custodian's rights and responsibilities	619
regarding the care, physical control, and custody of the child	620
requests registration in a school, medical treatment, or other	621
services for a child and presents the school employee, physician,	622
or other service provider with the document as authority for	623
requesting the services, the service provider shall promptly	624
report the request, in writing, to the public children services	625
agency of the county in which the child resides. The report shall	626
include the name and address of the attorney in fact and of the	627
child, the child's age, and the nature of the services requested.	628

(2) A service provider is not required to make a report under	629
division (B)(1) of this section if the document presented appears	630
to be a valid court order, power of attorney given to a	631
grandparent under section 3109.52 of the Revised Code, or	632
caretaker authorization affidavit executed under section 3109.65	633
of the Revised Code.	634

(C) On receiving a report made under division (B) of this	635
section, a public children services agency shall treat the report	636
as an allegation that the child is a dependent child and shall	637
investigate the child's temporary placement with the attorney in	638
fact in accordance with section 5153.16 of the Revised Code and	639
rules adopted under section 5153.166 of the Revised Code. The	640
investigation shall include a criminal records check, a check of	641
court records for any child-related civil proceedings, and a home	642
safety study.	643

(D) If a public children services agency, after an	644
investigation conducted under division (C) of this section,	645
determines that the temporary placement of the child with the	646
attorney in fact is unsafe for the child, the agency shall file a	647
dependency complaint with the juvenile court pursuant to section	648
2151.27 of the Revised Code.	649

Section 2.  That existing sections 2151.421, 2151.99, and	650
3901.51 of the Revised Code are hereby repealed.	651

Section 3.  Section 2151.99 of the Revised Code is presented	652
in this act as a composite of the section as amended by both Am.	653
Sub. S.B. 17 and Sub. S.B. 137 of the 126th General Assembly. The	654
General Assembly, applying the principle stated in division (B) of	655
section 1.52 of the Revised Code that amendments are to be	656
harmonized if reasonably capable of simultaneous operation, finds	657
that the composite is the resulting version of the section in	658
effect prior to the effective date of the section as presented in	659
this act.	660