Child Abuse

As defined by the law, 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…. However, a child exhibiting evidence of corporal punishment or other physical disciplinary measures by a parent, guardian or custodian is not an abused child unless the action is prohibited by law;

  • Because of the acts of his or her parent, guardian or custodian, suffers a physical or mental injury that harms or threatens to harm the child’s health or welfare; or

  • Is subjected to out-of-home care child abuse. ORC § 2151.031

“Out-of-home care” means: detention facilities, shelter facilities, any type of foster homes, prospective adoptive home prior to the issuance of a final decree of adoption, organizations, certified or not, child day care centers or homes, group homes, institutions, residential facilities, residential or day camps, hospitals and medical clinics that are responsible for the care, physical custody or control of children. ORC § 2151.011  (B)(42)

“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 or her 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)(49)

A “neglected child” is defined as any child:

  • Who is abandoned by his or her parent, guardian or custodian;

  • Who lacks proper parental care because of the acts or omissions of his or her parent, guardian or custodian;

  • Who is refused the proper or necessary subsistence, education, medical or surgical care or treatment, or other care necessary for his or her health, morals or well being by his or her parent, guardian or custodian;

  • Who is refused, by a parent, guardian or custodian, the special care made necessary by his or her mental condition;

  • Who has been placed, or where there has been an attempt to place him or her, for adoption or foster care in violation of the law;

  • Who, because of an act of omission of his parents, guardian or custodian, suffers physical or mental injury that harms or threatens to harm the child’s health or welfare; or

  • Who is subjected to out-of-home care child neglect. ORC § 2151.03 (A)

“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 responsible supervision, according to the needs of the child, that results in sexual or physical abuse of the child by any person;

  • Failure to develop a process for the following: (1) Administration of prescription drugs or psychotropic drugs, (2) Assuring that the instructions of a licensed physician, who prescribed the drug, are followed, and (3) Reporting to a licensed physician all unfavorable or dangerous side effects from use of the drug;

  • Failure to provide proper or necessary subsistence, education, medical care or other individualized care necessary for the health or well being of the child.

  • Confinement of the child in a locked room without monitoring;

  • Failure to provide ongoing security for all medicines given to the child; or

  • 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)(49)

“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 law]…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 health care practitioner, who is acting in his or her professional capacity, knows or suspects that a child, including a child who is mentally handicapped and under twenty-one (21) years of age, has suffered or faces a threat of suffering any physical or mental wound, injury, disability or condition of such a nature that reasonable indicates abuse or neglect of the child, without delay must report his or her knowledge or suspicion 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 where the child resides or the abuse or neglect has occurred. ORC § 2151.421  (A)

Reports may be made by telephone or in person, but must be followed by a report in writing if requested by the receiving agency or officer. ORC § 2151.421  (C)

Anyone who makes a report or participates in its making is immune from any civil or criminal liability, for the injury, death or damages, that might otherwise be incurred or imposed as a result of making such a report. The physician/patient privilege is not sufficient to exclude evidence regarding a child’s injuries, abuse or neglect, or the cause thereof in any judicial proceeding resulting from a report submitted to the proper authorities. ORC § 2151.421  (G)

Reports are kept confidential. No one shall permit or encourage the unauthorized dissemination of the contents of any report. ORC § 2151.421  (H)

(Massage Therapists are not now required to report Child Abuse. Proposed statutory changes will require such reporting.)

Child Abuse

 
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