Area 4: Related Laws

Question 1

DUTY TO REPORT CHILD ABUSE OR NEGLECT; INVESTIGATION AND FOLLOWUP PROCEDURES - A, 1, a

Answer 1

(A) (1) (a) No person described in division (A)(1)(b) of this section who is acting in an official or professional capacity and knows or suspects that a child under eighteen years of age or a mentally retarded, developmentally disabled, or physically impaired child under twenty-one years of age has suffered or faces a threat of suffering any physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of the child, shall fail to immediately report that knowledge or suspicion to the entity or persons specified in this division. Except as provided in section 5120.173 [5120.17.3] of the Revised Code, the person making the report shall make it to the public children services agency or a municipal or county peace officer in the county in which the child resides or in which the abuse or neglect is occurring or has occurred. In the circumstances described in section 5120.173 [5120.17.3] of the Revised Code, the person making the report shall make it to the entity specified in that section.

Question 2

DUTY TO REPORT CHILD ABUSE OR NEGLECT; INVESTIGATION AND FOLLOWUP PROCEDURES - A, 1, b

Answer 2

(b) Division (A)(1)(a) of this section applies to any person who is an attorney; physician, including a hospital intern or resident; dentist; podiatrist; practitioner of a limited branch of medicine as specified in section 4731.15 of the Revised Code; registered nurse; licensed practical nurse; visiting nurse; other health care professional; licensed psychologist; licensed school psychologist; independent marriage and family therapist or marriage and family therapist; speech pathologist or audiologist; coroner; administrator or employee of a child day-care center; administrator or employee of a residential camp or child day camp; administrator or employee of a certified child care agency or other public or private children services agency; school teacher; school employee; school authority; person engaged in social work or the practice of professional counseling; agent of a county humane society; person rendering spiritual treatment through prayer in accordance with the tenets of a well-recognized religion; superintendent, board member, or employee of a county board of mental retardation; investigative agent contracted with by a county board of mental retardation; or employee of the department of mental retardation and developmental disabilities.

Question 3

DUTY TO REPORT CHILD ABUSE OR NEGLECT; INVESTIGATION AND FOLLOWUP PROCEDURES - B

Answer 3

(2) An attorney or a physician is not required to make a report pursuant to division (A)(1) of this section concerning any communication the attorney or physician receives from a client or patient in an attorney-client or physician-patient relationship, if, in accordance with division (A) or (B) of section 2317.02 of the Revised Code, the attorney or physician could not testify with respect to that communication in a civil or criminal proceeding, except that the client or patient is deemed to have waived any testimonial privilege under division (A) or (B) of section 2317.02 of the Revised Code with respect to that communication and the attorney or physician shall make a report pursuant to division (A)(1) of this section with respect to that communication, if all of the following apply:
(a) The client or patient, at the time of the communication, is either a child under eighteen years of age or a mentally retarded, developmentally disabled, or physically impaired person under twenty-one years of age.
(b) The attorney or physician knows or suspects, as a result of the communication or any observations made during that communication, that the client or patient has suffered or faces a threat of suffering any physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of the client or patient.
(c) The attorney-client or physician-patient relationship does not arise out of the client’s or patient’s attempt to have an abortion without the notification of her parents, guardian, or custodian in accordance with section 2151.85 of the Revised Code…

Question 4

DUTY TO REPORT CHILD ABUSE OR NEGLECT; INVESTIGATION AND FOLLOWUP PROCEDURES - C

Answer 4

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

(1) The names and addresses of the child and the child’s parents or the person or persons having custody of the child, if known;
(2) The child’s age and the nature and extent of the child’s known or suspected injuries, abuse, or neglect or of the known or suspected threat of injury, abuse, or neglect, including any evidence of previous injuries, abuse, or neglect;
(3) Any other information that might be helpful in establishing the cause of the known or suspected injury, abuse, or neglect or of the known or suspected threat of injury, abuse, or neglect. Any person, who is required by division (A) of this section to report known or suspected child abuse or child neglect, may take or cause to be taken color photographs of areas of trauma visible on a child and, if medically indicated, cause to be performed radiological examinations of the child.

Question 5

DUTY TO REPORT CHILD ABUSE OR NEGLECT; INVESTIGATION AND FOLLOWUP PROCEDURES - C

Answer 5

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

(1) The names and addresses of the child and the child’s parents or the person or persons having custody of the child, if known;
(2) The child’s age and the nature and extent of the child’s known or suspected injuries, abuse, or neglect or of the known or suspected threat of injury, abuse, or neglect, including any evidence of previous injuries, abuse, or neglect;
(3) Any other information that might be helpful in establishing the cause of the known or suspected injury, abuse, or neglect or of the known or suspected threat of injury, abuse, or neglect. Any person, who is required by division (A) of this section to report known or suspected child abuse or child neglect, may take or cause to be taken color photographs of areas of trauma visible on a child and, if medically indicated, cause to be performed radiological examinations of the child.

Question 6

DUTY TO REPORT CHILD ABUSE OR NEGLECT; INVESTIGATION AND FOLLOWUP PROCEDURES - G

Answer 6

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

Question 7

DUTY TO REPORT ABUSE, NEGLECT OR EXPLOITATION OF ADULT - A

Answer 7

(A) As used in this section:
Any attorney, physician, osteopath, podiatrist, chiropractor, dentist, psychologist (includes Board-license school psychologists), any employee of a hospital as defined in section 3701.01 of the Revised Code, any nurse licensed under Chapter 4723. of the Revised Code, any employee of an ambulatory health facility, any employee of a home health agency, any employee of an adult care facility as defined in section 3722.01 of the Revised Code, any employee of a community alternative home as defined in section 3724.01 of the Revised Code, any employee of a nursing home, residential care facility, or home for the aging, as defined in section 3721.01 of the Revised Code, any senior service provider, any peace officer, coroner, clergyman, any employee of a community mental health facility, and any person engaged in social work or counseling having reasonable cause to believe that an adult is being abused, neglected, or exploited, or is in a condition which is the result of abuse, neglect, or exploitation shall immediately report such belief to the county department of job and family services. This section does not apply to employees of any hospital or public hospital as defined in section 5122.01 of the Revised Code.

Question 8

DUTY TO REPORT ABUSE, NEGLECT OR EXPLOITATION OF ADULT - B

Answer 8

(B) Any person having reasonable cause to believe that an adult has suffered abuse, neglect, or exploitation may report, or cause reports to be made of such belief to the department.

Question 9

DUTY TO REPORT ABUSE, NEGLECT OR EXPLOITATION OF ADULT - C

Answer 9

(C) The reports made under this section shall be made orally or in writing except that oral reports shall be followed by a written report if a written report is requested by the department. Written reports shall include:

(1) The name, address, and approximate age of the adult who is the subject of the report;
(2) The name and address of the individual responsible for the adult’s care, if any individual is, and if the individual is known;
(3) The nature and extent of the alleged abuse, neglect, or exploitation of the adult; (4) The basis of the reporter’s belief that the adult has been abused, neglected, or exploited.

Question 10

DUTY TO REPORT ABUSE, NEGLECT OR EXPLOITATION OF ADULT - D

Answer 10

(D) Any person with reasonable cause to believe that an adult is suffering abuse, neglect, or exploitation who makes a report pursuant to this section or who testifies in any administrative or judicial proceeding arising from such a report, or any employee of the state or any of its subdivisions who is discharging responsibilities under section 5101.62 of the Revised Code shall be immune from civil or criminal liability on account of such investigation, report, or testimony, except liability for perjury, unless the person has acted in bad faith or with malicious purpose

Question 11

Adult protective services definitions - Abuse

Answer 11

(A) “Abuse” means the infliction upon an adult by self or others of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical harm, pain, or mental anguish.

Question 12

Adult protective services definitions - Adult

Answer 12

(B) “Adult” means any person sixty years of age or older within this state who is handicapped by the infirmities of aging or who has a physical or mental impairment which prevents the person from providing for the person’s own care or protection, and who resides in an independent living arrangement. An “independent living arrangement” is a domicile of a person’s own choosing, including, but not limited to, a private home, apartment, trailer, or rooming house. An “independent living arrangement” includes an adult care facility licensed pursuant to Chapter 5119. of the Revised Code, but does not include other institutions or facilities licensed by the state or facilities in which a person resides as a result of voluntary, civil, or criminal commitment.

Question 13

Adult protective services definitions - Neglect

Answer 13

(K) “Neglect” means the failure of an adult to provide for self the goods or services necessary to avoid physical harm, mental anguish, or mental illness or the failure of a caretaker to provide such goods or services.

Question 14

IMMUNITY OF MENTAL HEALTH PROFESSIONAL OR ORGANIZATION AS TO VIOLENT BEHAVIOR BY CLIENT OR PATIENT - Mental Health Client or Patient

Answer 14

(b) “Mental health client or patient” means an individual who is receiving mental health services from a mental health professional or organization.

Question 15

IMMUNITY OF MENTAL HEALTH PROFESSIONAL OR ORGANIZATION AS TO VIOLENT BEHAVIOR BY CLIENT OR PATIENT - Mental Health Organization

Answer 15

(c) “Mental health organization” means an organization that engages one or more mental health professionals to provide mental health services to one or more mental health clients or patients.

Question 16

IMMUNITY OF MENTAL HEALTH PROFESSIONAL OR ORGANIZATION AS TO VIOLENT BEHAVIOR BY CLIENT OR PATIENT - Mental Health Professional

Answer 16

(d) “Mental health professional” means an individual who is licensed, certified, or registered under the Revised Code, or otherwise authorized in this state, to provide mental health services for compensation, remuneration, or other personal gain

Question 17

IMMUNITY OF MENTAL HEALTH PROFESSIONAL OR ORGANIZATION AS TO VIOLENT BEHAVIOR BY CLIENT OR PATIENT - Knowledgeable Person

Answer 17

(f) “Knowledgeable person” means an individual who has reason to believe that a mental health client or patient has the intent and ability to carry out an explicit threat of inflicting imminent and serious physical harm to or causing the death of a clearly identifiable potential victim or victims and who is either an immediate family member of the client or patient or an individual who otherwise personally knows the client or patient.

Question 18

IMMUNITY OF MENTAL HEALTH PROFESSIONAL OR ORGANIZATION AS TO VIOLENT BEHAVIOR BY CLIENT OR PATIENT - Clearly Identifiable Potential Victim

Answer 18

(2) For the purpose of this section, in the case of a threat to a readily identifiable structure, “clearly identifiable potential victim” includes any potential occupant of the structure.

Question 19

IMMUNITY OF MENTAL HEALTH PROFESSIONAL OR ORGANIZATION AS TO VIOLENT BEHAVIOR BY CLIENT OR PATIENT - Clearly Identifiable Potential Victim

Answer 19

(2) For the purpose of this section, in the case of a threat to a readily identifiable structure, “clearly identifiable potential victim” includes any potential occupant of the structure.

Question 20

IMMUNITY OF MENTAL HEALTH PROFESSIONAL OR ORGANIZATION AS TO VIOLENT BEHAVIOR BY CLIENT OR PATIENT - Liable if do not do the following (1-4)

Answer 20

(B) A mental health professional or mental health organization may be held liable in damages in a civil action, or may be made subject to disciplinary action by an entity with licensing or other regulatory authority over the professional or organization, for serious physical harm or death resulting from failing to predict, warn of, or take precautions to provide protection from the violent behavior of a mental health client or patient, only if the client or patient or a knowledgeable person has communicated to the professional or organization an explicit threat of inflicting imminent and serious physical harm to or causing the death of one or more clearly identifiable potential victims, the professional or organization has reason to believe that the client or patient has the intent and ability to carry out the threat, and the professional or organization fails to take one or more of the following actions in a timely manner:

(1) Exercise any authority the professional or organization possesses to hospitalize the client or patient on an emergency basis pursuant to section 5122.10 of the Revised Code;
(2) Exercise any authority the professional or organization possesses to have the client or patient involuntarily or voluntarily hospitalized under Chapter 5122. of the Revised Code;
(3) Establish and undertake a documented treatment plan that is reasonably calculated, according to appropriate standards of professional practice, to eliminate the possibility that the client or patient will carry out the threat, and, concurrent with establishing and undertaking the treatment plan, initiate arrangements for a second opinion risk assessment through a management consultation about the treatment plan with, in the case of a mental health organization, the clinical director of the organization, or, in the case of a mental health professional who is not acting as part of a mental health organization, any mental health professional who is licensed to engage in independent practice;
(4) Communicate to a law enforcement agency with jurisdiction in the area where each potential victim resides, where a structure threatened by a mental health client or patient is located, or where the mental health client or patient resides, and if feasible, communicate to each potential victim or a potential victim’s parent or guardian if the potential victim is a minor or has been adjudicated incompetent, all of the following information:
(a) The nature of the threat;
(b) The identity of the mental health client or patient making the threat;
(c) The identity of each potential victim of the threat.

Question 21

IMMUNITY OF MENTAL HEALTH PROFESSIONAL OR ORGANIZATION AS TO VIOLENT BEHAVIOR BY CLIENT OR PATIENT - Apply if action is taken (1-4)

Answer 21

(C) All of the following apply when a mental health professional or organization takes one or more of the actions set forth in divisions (B)(1) to (4) of this section:

(1) The mental health professional or organization shall consider each of the alternatives set forth and shall document the reasons for choosing or rejecting each alternative.
(2) The mental health professional or organization may give special consideration to those alternatives which, consistent with public safety, would least abridge the rights of the mental health client or patient established under the Revised Code, including the rights specified in sections 5122.27 to 5122.31 of the Revised Code.
(3) The mental health professional or organization is not required to take an action that, in the exercise of reasonable professional judgment, would physically endanger the professional or organization, increase the danger to a potential victim, or increase the danger to the mental health client or patient.
(4) The mental health professional or organization is not liable in damages in a civil action, and shall not be made subject to disciplinary action by any entity with licensing or other regulatory authority over the professional or organization, for disclosing any confidential information about a mental health client or patient that is disclosed for the purpose of taking any of the actions.

Question 22

IMMUNITY OF MENTAL HEALTH PROFESSIONAL OR ORGANIZATION AS TO VIOLENT BEHAVIOR BY CLIENT OR PATIENT -Immunities

Answer 22

(D) The immunities from civil liability and disciplinary action conferred by this section are in addition to and not in limitation of any immunity conferred on a mental health professional or organization by any other section of the Revised Code or by judicial precedent.

Question 23

DOMESTIC VIOLENCE, VICTIM OF, DOCUMENTATION IN CLIENT RECORD

Answer 23

(F) (1) Any doctor of medicine or osteopathic medicine, hospital intern or resident, registered or licensed practical nurse, psychologist (includes Board-licensed school psychologists), social worker, independent social worker, social work assistant, professional clinical counselor, or professional counselor who knows or has reasonable cause to believe that a patient or client has been the victim of domestic violence, as defined in section 3113.31 of the Revised Code, shall note that knowledge or belief and the basis for it in the patient’s or client’s records.
(2) Notwithstanding section 4731.22 of the Revised Code, the doctor-patient privilege shall not be a ground for excluding any information regarding the report containing the knowledge or belief noted under division (F)(1) of this section, and the information may be admitted as evidence in accordance with the Rules of Evidence.

Question 24

PATIENT CONFIDES THAT A FELONY HAS BEEN COMMITTED

Answer 24

(A) No person, knowing that a felony has been or is being committed, shall knowingly fail to report such information to law enforcement authorities.
(G) Divisions (A) and (D) of this section do not require disclosure of information, when any of the following applies:
(1) The information is privileged by reason of the relationship between attorney and client; doctor and patient; licensed psychologist or licensed school psychologist and client; member of the clergy, rabbi, minister, or priest and any person communicating information confidentially to the member of the clergy, rabbi, minister, or priest for a religious counseling purpose of a professional character; husband and wife; or a communications assistant and those who are a party to a telecommunications relay service call.
(H) Disclosure of information pursuant to this section does not give rise to any liability or recrimination for a breach of privilege or confidence.

Question 25

ORDER GRANTING PARENTING TIME COMPANIONSHIP OR VISITATION RIGHTS; NON-RESIDENTIAL PARENT ACCESS TO CHILD’S RECORDS - 1

Answer 25

(H) (1) Subject to section 3125.16 and division (F) of section 3319.321 [3319.32.1] of the Revised Code, a parent of a child who is not the residential parent of the child is entitled to access, under the same terms and conditions under which access is provided to the residential parent, to any record that is related to the child and to which the residential parent of the child legally is provided access, unless the court determines that it would not be in the best interest of the child for the parent who is not the residential parent to have access to the records under those same terms and conditions. If the court determines that the parent of a child who is not the residential parent should not have access to records related to the child under the same terms and conditions as provided for the residential parent, the court shall specify the terms and conditions under which the parent who is not the residential parent is to have access to those records, shall enter its written findings of facts and opinion in the journal, and shall issue an order containing the terms and conditions to both the residential parent and the parent of the child who is not the residential parent. The court shall include in every order issued pursuant to this division notice that any keeper of a record who knowingly fails to comply with the order or division (H) of this section is in contempt of court.

Question 26

ORDER GRANTING PARENTING TIME COMPANIONSHIP OR VISITATION RIGHTS; NON-RESIDENTIAL PARENT ACCESS TO CHILD’S RECORDS - 2

Answer 26

(2) Subject to section 3125.16 and division (F) of section 3319.321 [3319.32.1] of the Revised Code, subsequent to the issuance of an order under division (H)(1) of this section, the keeper of any record that is related to a particular child and to which the residential parent legally is provided access shall permit the parent of the child who is not the residential parent to have access to the record under the same terms and conditions under which access is provided to the residential parent, unless the residential parent has presented the keeper of the record with a copy of an order issued under division (H)(1) of this section that limits the terms and conditions under which the parent who is not the residential parent is to have access to records pertaining to the child and the order pertains to the record in question. If the residential parent presents the keeper of the record with a copy of that type of order, the keeper of the record shall permit the parent who is not the residential parent to have access to the record only in accordance with the most recent order that has been issued pursuant to division (H)(1) of this section and presented to the keeper by the residential parent or the parent who is not the residential parent. Any keeper of any record who knowingly fails to comply with division (H) of this section or with any order issued pursuant to division (H)(1) of this section is in contempt of court.

Question 27

ORDER GRANTING PARENTING TIME COMPANIONSHIP OR VISITATION RIGHTS; NON-RESIDENTIAL PARENT ACCESS TO CHILD’S RECORDS - 3

Answer 27

(3) The prosecuting attorney of any county may file a complaint with the court of common pleas of that county requesting the court to issue a protective order preventing the disclosure pursuant to division (H)(1) or (2) of this section of any confidential law enforcement investigatory record. The court shall schedule a hearing on the motion and give notice of the date, time, and location of the hearing to all parties.

Question 28

OUTPATIENT SERVICES FOR MINORS WITHOUT KNOWLEDGE OR CONSENT OF PARENT OR GUARDIAN (A-D)

Answer 28

(A) Upon the request of a minor fourteen years of age or older, a mental health professional may provide outpatient mental health services, excluding the use of medication, without the consent or knowledge of the minor’s parent or guardian. Except as otherwise provided in this section, the minor’s parent or guardian shall not be informed of the services without the minor’s consent unless the mental health professional treating the minor determines that there is a compelling need for disclosure based on a substantial probability of harm to the minor or to other persons, and if the minor is notified of the mental health professional’s intent to inform the minor’s parent, or guardian.
(B) Services provided to a minor pursuant to this section shall be limited to not more than six sessions or thirty days of services whichever occurs sooner. After the sixth session or thirty days of services the mental health professional shall terminate the services or, with the consent of the minor, notify the parent, or guardian, to obtain consent to provide further outpatient services.
(C) The minor’s parent or guardian shall not be liable for the costs of services which are received by a minor under division (A).
(D) Nothing in this section relieves a mental health professional from the obligations of section 2151.421 of the Revised Code.