CHILD ABUSE

An "abused child" includes any child who:

• is the victim of sexual activity;
• is endangered;
• exhibits evidence of any injury or death, inflicted other than by accidental means, or an injury or death which is at variance with the history given of it;
• because of the acts of his or her parents, guardian or custodian, suffers
  physical or mental injury that harms or threatens to harm the child's health or welfare;
• is subjected to out-of-home care child abuse.

A child with evidence of corporal punishment or other physical disciplinary measures by a parent or guardian is not an abused child unless the action is prohibited by the Ohio Criminal Code. ORC § 2151.031

For purposes of this chapter, "out-of-home care" includes: detention facilities, shelter facilities, foster homes, adoptive home prior to the issuance of a final decree or adoption, organizations, child day-care centers and homes, group homes, institutions, residential facilities, camps, hospitals and medical clinics that are responsible for the care, physical custody or control of children. ORC § 2151.011 (B)

"Out-of-home care child abuse" means any of the following when committed by a person responsible for the care of a child in out-of-home care:

• engaging in sexual activity with a child in his care;
• denial to a child, as a means of punishment, of proper or necessary subsistence, education, medical care, or other care necessary to a child for his or her health;
• use of restraint procedures on a child that cause injury or pain;
• administration of prescription drugs or psychotropic medication to the child without the written approval and ongoing supervision of a licensed physician;
• commission of any act, other than by accidental means, that results in any injury or death to the child, or commission of any act by accidental means that results in any injury or death to the child and that is at variance with the history given of the injury or death. ORC § 2151.011 (B)

A "neglected child" includes any child who:

• is abandoned;
• lacks proper parental care;
• is not provided with proper or necessary subsistence, education, medical or surgical care or treatment, or other care necessary for his or her health, morals, or well being;
• is neglected or is not provided with the special care made necessary by his or her mental condition;
• has been placed for adoption or foster care contrary to the provisions of Ohio law;
• because of the omission of his or her parents, guardian, or custodian, suffers
  physical or mental injury that harms or threatens to harm the child's health or welfare;
• is subjected to out-of-home care child neglect. ORC § 2151.03

"Out-of-home care child neglect" means any of the following when committed by a person responsible for the care of a child in out-of-home care:

• failure to provide reasonable supervision;
• failure to provide reasonable supervision that results in sexual or physical abuse of the child by any person;
• failure to develop a process for the administration of prescription drugs or psychotropic drugs, including assurance that the instructions of the physician are followed and all unfavorable or dangerous side effects of the drug are reported to the physician;
• failure to provide proper or necessary subsistence, education, medical
  care, or other individualized care necessary for the child's health or well -being;
• confinement of the child in a locked room without monitoring;
• failure to provide ongoing security for all medications;
• isolation of a child for a period of time when there is substantial risk that the isolation will impair or retard the mental health or physical well-being of the child. ORC § 2151.011 (B)

"Nothing in this chapter shall be construed as subjecting a parent, guardian, or custodian of a child to criminal liability when, solely in the practice of his religious beliefs, he fails to provide adequate medical or surgical care or treatment for the child. This division does not abrogate or limit any person's responsibility under the child abuse reporting statutes to report known or suspected child abuse, known or suspected child neglect, and children who are known to face or are suspected of facing a threat of suffering abuse or neglect and does not preclude any exercise of the authority of the state, any political subdivision, or any court to ensure that medical or surgical care or treatment is provided to a child when his health requires that he be provided with medical or surgical care or treatment." ORC § 2151.03 (B)

Whenever a physician, including a hospital intern or resident, knows or suspects that a child has suffered or faces a threat of suffering any physical or mental wound, injury, disability, or condition of such a nature that reasonably indicates abuse or neglect of the child, he or she must immediately report this information to the Children Services Board or the County Department of Human Services exercising the children services function, or to a municipal or county peace officer.

The reports may be made by telephone or in person. The receiving agency or officer may request a written report.

Anyone participating in the making of the report is immune from any civil or criminal liability that might otherwise be incurred as a result of such actions. The physician-patient privilege is not a ground for excluding evidence regarding a child's injuries, abuse, or neglect, or the cause thereof in any judicial proceeding resulting from the submission of a report.

All reports are confidential and any person who permits or encourages the unauthorized dissemination of its contents is guilty of a fourth -degree misdemeanor. ORC § 2151.421

There are special provisions in OAC § 5101:2-35-76 and 5101:2-35-77 for reporting and investigating the alleged withholding of appropriate nutrition, hydration, medication, or medically indicated treatment from disabled infants with life -threatening conditions (i.e., Baby Doe cases).

CHILD ABUSE