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(A) As used in this section:
DELINQUENT CHILD. Has the same meaning as in R.C. § 2152.02.
UNRULY CHILD. Has the same meaning as in R.C. § 2151.022.
(B) No person, including a parent, guardian or other custodian of a child, shall do any of the following:
(1) Aid, abet, induce, cause, encourage or contribute to a child or a ward of the juvenile court becoming an unruly child or a delinquent child;
(2) Act in a way tending to cause a child or a ward of the juvenile court to become an unruly child or a delinquent child;
(3) Act in a way that contributes to an adjudication of the child as a delinquent child based on the child’s violation of a court order adjudicating the child an unruly child for being an habitual truant; or
(4) If the person is the parent, guardian or custodian of a child who has the duties under R.C. Chapters 2152 and 2950 to register, register a new residence address, and periodically verify a residence address, and, if applicable, to send a notice of intent to reside, and if the child is not emancipated, as defined in R.C. § 2919.121, fail to ensure that the child complies with those duties under R.C. Chapters 2152 and 2950.
(C) Whoever violates this section is guilty of contributing to the unruliness or delinquency of a child, a misdemeanor of the first degree. Each day of violation of this section is a separate offense.
(R.C. § 2919.24)
Statutory reference:
Failure to send child to school, see R.C. § 3321.38
(A) No caretaker shall knowingly fail to provide a functionally impaired person under his or her care with any treatment, care, goods or service that is necessary to maintain the health or safety of the functionally impaired person when this failure results in physical harm or serious physical harm to the functionally impaired person.
(B) No caretaker shall recklessly fail to provide a functionally impaired person under his or her care with any treatment, care, goods or service that is necessary to maintain the health or safety of the functionally impaired person when this failure results in serious physical harm to the functionally impaired person.
(C) (1) Whoever violates division (A) above is guilty of knowingly failing to provide for a functionally impaired person, a misdemeanor of the first degree. If the functionally impaired person under the offender’s care suffers serious physical harm as a result of the violation of this section, a violation of division (A) above is a felony to be prosecuted under appropriate state law.
(2) Whoever violates division (B) above is guilty of recklessly failing to provide for a functionally impaired person, a misdemeanor of the second degree. If the functionally impaired person under the offender’s care suffers serious physical harm as a result of the violation of this section, a violation of division (B) above is a felony to be prosecuted under appropriate state law.
(R.C. § 2903.16)
(D) As used in this section:
CARETAKER. A person who assumes the duty to provide for the care and protection of a functionally impaired person on a voluntary basis, by contract, through receipt of payment for care and protection, as a result of a family relationship, or by order of a court of competent jurisdiction. The term does not include a person who owns, operates or administers, or who is an agent or employee of, a care facility, as defined in R.C. § 2903.33.
FUNCTIONALLY IMPAIRED PERSON. Any person who has a physical or mental impairment that prevents the person from providing for his or her own care or protection or whose infirmities caused by aging prevent the person from providing for his or her own care or protection.
(R.C. § 2903.10)
(A) Definitions. As used in this section:
ABUSE. Knowingly causing physical harm or recklessly causing serious physical harm to a person by physical contact with the person or by the inappropriate use of a physical or chemical restraint, medication or isolation on the person.
CARE FACILITY. Any of the following:
(a) Any HOME as defined in R.C. § 3721.10;
(b) Any RESIDENTIAL FACILITY as defined in R.C. § 5119.34 or 5123.19;
(c) Any institution or facility operated or provided by the Department of Mental Health and Addiction Services or by the Department of Developmental Disabilities pursuant to R.C. §§ 5119.14 and 5123.03;
(d) Any unit of any hospital, as defined in R.C. § 3701.01, that provided the same services as a nursing home, as defined in R.C. § 3721.01; or
(e) Any institution, residence or facility that provides, for a period of more than 24 hours, whether for consideration or not, accommodations to one individual or two unrelated individuals who are dependent upon the services of others.
GROSS NEGLECT. Knowingly failing to provide a person with any treatment, care, goods or service that is necessary to maintain the health or safety of the person when the failure results in serious physical harm to the person.
INAPPROPRIATE USE OF A PHYSICAL OR CHEMICAL RESTRAINT, MEDICATION OR ISOLATION. The use of physical or chemical restraint, medication or isolation as punishment, for staff convenience, excessively, as a substitute for treatment, or in quantities that preclude habilitation and treatment.
NEGLECT. Recklessly failing to provide a person with any treatment, care, goods or service that is necessary to maintain the health or safety of the person when the failure results in serious physical harm to the person.
(R.C. § 2903.33)
(B) Patient abuse or neglect; spiritual treatment; defense.
(1) No person who owns, operates or administers, or who is an agent or employee of a care facility shall do any of the following:
(a) Commit abuse against a resident or patient of the facility;
(b) Commit gross neglect against a resident or patient of the facility; or
(c) Commit neglect against a resident or patient of the facility.
(2) (a) A person who relies upon treatment by spiritual means through prayer alone, in accordance with the tenets of a recognized religious denomination, shall not be considered neglectful under division (B)(1)(c) above for that reason alone.
(b) It is an affirmative defense to a charge of gross neglect or neglect under this section that the actor’s conduct was committed in good faith solely because the actor was ordered to commit the conduct by a person with supervisory authority over the actor.
(3) (a) Whoever violates division (B)(1)(a) above is guilty of patient abuse, a felony to be prosecuted under appropriate state law.
(b) Whoever violates division (B)(1)(b) above is guilty of gross patient neglect, a misdemeanor of the first degree. If the offender previously has been convicted of, or pleaded guilty to, any violation of this section or a substantially equivalent state law or municipal ordinance, gross patient neglect is a felony to be prosecuted under appropriate state law.
(c) Whoever violates division (B)(1)(c) above is guilty of patient neglect, a misdemeanor of the second degree. If the offender previously has been convicted of, or pleaded guilty to, any violation of this section or a substantially equivalent state law or municipal ordinance, gross patient neglect is a felony to be prosecuted under appropriate state law.
(R.C. § 2903.34)
(C) Patient endangerment; spiritual treatment; defense.
(1) As used in this section:
DEVELOPMENTAL DISABILITIES CARETAKER. Any developmental disabilities employee or any person who assumes the duty to provide for the care and protection of a person with a developmental disability on a voluntary basis, by contract, through receipt of payment for care and protection, as a result of a family relationship, or by order of a court of competent jurisdiction. The phrase includes a person who is an employee of a care facility and a person who is an employee of an entity under contract with a provider. The phrase does not include a person who owns, operates or administers a care facility or who is an agent of a care facility unless that person also personally provides care to a person with a developmental disability.
DEVELOPMENTAL DISABILITIES EMPLOYEE. Has the same meaning as in R.C. § 5123.50.
DEVELOPMENTAL DISABILITY. Has the same meaning as in R.C. § 5123.01.
(2) No developmental disabilities caretaker shall create a substantial risk to the health or safety of a person with a developmental disability. A developmental disabilities caretaker does not create a substantial risk to the health or safety of a person with a developmental disability under this division when the developmental disabilities caretaker treats a physical or mental illness or defect of the person with a developmental disability by spiritual means through prayer alone, in accordance with the tenets of a recognized religious body.
(3) No person who owns, operates or administers a care facility or who is an agent of a care facility shall condone, or knowingly permit, any conduct by a developmental disabilities caretaker who is employed by or under the control of the owner, operator, administrator or agent that is in violation of division (C)(2) above and that involves a person with a developmental disability who is under the care of the owner, operator, administrator or agent. A person who relies upon treatment by spiritual means through prayer alone, in accordance with the tenets of a recognized religious denomination, shall not be considered endangered under this division for that reason alone.
(4) (a) It is an affirmative defense to a charge of a violation of division (C)(2) or (C)(3) above that the actor’s conduct was committed in good faith solely because the actor was ordered to commit the conduct by a person to whom one of the following applies:
1. The person has supervisory authority over the actor; or
2. The person has authority over the actor’s conduct pursuant to a contract for the provision of services.
(b) It is an affirmative defense to a charge of a violation of division (C)(3) above that the person who owns, operates or administers a care facility or who is an agent of a care facility and who is charged with the violation is following the individual service plan for the involved person with a developmental disability or that the admission, discharge and transfer rule set forth in the Ohio Administrative Code is being followed.
(c) It is an affirmative defense to a charge of a violation of division (C)(3) above that the actor did not have readily available a means to prevent either the harm to the person with a developmental disability or the death of such a person and the actor took reasonable steps to summon aid.
(5) (a) Except as provided in division (C)(5)(b) or (C)(5)(c) below, whoever violates division (C)(2) or (C)(3) above is guilty of patient endangerment, a misdemeanor of the first degree.
(b) If the offender previously has been convicted of, or pleaded guilty to, a violation of this section, patient endangerment is a felony to be prosecuted under appropriate state law.
(c) If the violation results in serious physical harm to the person with a developmental disability, patient endangerment is a felony to be prosecuted under appropriate state law.
(R.C. § 2903.341)
(D) False statements.
(1) No person shall knowingly make a false statement, or knowingly swear or affirm the truth of a false statement previously made, alleging a violation of division (B) above when the statement is made with purpose to incriminate another.
(2) Whoever violates this division (D) is guilty of filing a false patient abuse or neglect complaint, a misdemeanor of the first degree.
(R.C. § 2903.35)
(E) Retaliation against person reporting patient abuse or neglect. No care facility shall discharge or in any manner discriminate or retaliate against any person solely because such person, in good faith, filed a complaint, affidavit or other document alleging a violation of division (B) above or a violation of R.C. § 2903.34.
(R.C. § 2903.36)
Statutory reference:
License revocation for felony violations, see R.C. § 2903.37
(A) No person, whether or not acting under color of law, shall by force or threat of force willfully injure, intimidate or interfere with, or attempt to injure, intimidate or interfere with, any of the following:
(1) Any person because of race; color; religion; sex; familial status, as defined in R.C. § 4112.01; national origin; military status, as defined in that section; disability, as defined in that section, or ancestry and because that person is or has been selling, purchasing, renting, financing, occupying, contracting or negotiating for the sale, purchase, rental, financing or occupation of any housing accommodations, or applying for or participating in any service, organization or facility relating to the business of selling or renting housing accommodations;
(2) Any person because that person is or has been doing, or in order to intimidate that person or any other person or any class of persons from doing either of the following:
(a) Participating, without discrimination on account of race; color; religion; sex; familial status, as defined in R.C. § 4112.01; national origin; military status, as defined in that section; disability, as defined in that section; or ancestry, in any of the activities, services, organizations or facilities described in division (A)(1) above;
(b) Affording another person or class of persons opportunity or protection so to participate.
(3) Any person because that person is or has been, or in order to discourage that person or any other person from, lawfully aiding or encouraging other persons to participate, without discrimination on account of race; color; religion; sex; familial status, as defined in R.C. § 4112.01; national origin; military status, as defined in that section; disability, as defined in that section; or ancestry, in any of the activities, services, organizations or facilities described in division (A)(1) above, or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate.
(B) Whoever violates division (A) above is guilty of a misdemeanor of the first degree.
(R.C. § 2927.03)
(A) No person shall violate R.C. §§ 2903.21, 2903.22, 2909.06 or 2909.07, or R.C. § 2917.21(A)(3), (A)(4) or (A)(5), by reason of the race, color, religion, or national origin of another person or group of persons.
(B) Whoever violates this section is guilty of ethnic intimidation. Ethnic intimidation is an offense of the next higher degree than the offense the commission of which is a necessary element of ethnic intimidation. In the case of an offense that is a misdemeanor of the first degree, ethnic intimidation is a felony to be prosecuted under appropriate state law.
(R.C. § 2927.12)
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