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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;
(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) (‘97 Code, § 137.02) Penalty, see § 130.99
Statutory reference:
DNA testing of delinquent children, see R.C. § 2152.74
Failure to send child to school, see R.C. § 3321.38
(A) No caretaker shall knowingly fail to provide a person with a functional impairment under the caretaker’s care with any treatment, care, goods, or service that is necessary to maintain the health or safety of the person with a functional impairment when this failure results in physical harm or serious physical harm to the person with a functional impairment.
(B) No caretaker shall recklessly fail to provide a person with a functional impairment under the caretaker’s care with any treatment, care, goods, or service that is necessary to maintain the health or safety of the person with a functional impairment when this failure results in serious physical harm to the person with a functional impairment.
(C) (1) Whoever violates division (A) of this section is guilty of knowingly failing to provide for a person with a functional impairment, a misdemeanor of the first degree. If the person with a functional impairment under the offender’s care suffers serious physical harm as a result of the violation of this section, a violation of division (A) of this section is a felony to be prosecuted under appropriate state law.
(2) Whoever violates division (B) of this section is guilty of recklessly failing to provide for a person with a functional impairment, a misdemeanor of the second degree. If the person with a functional impairment under the offender’s care suffers serious physical harm as a result of the violation of this section, a violation of division (B) of this section is a felony to be prosecuted under appropriate state law.
(R.C. § 2903.16) Penalty, see § 130.99
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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.
(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.
(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) of this section 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) is guilty of patient abuse, a felony to be prosecuted under appropriate state law.
(b) Whoever violates division (B)(1)(b) 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 similar 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) 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 similar 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. Means 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 disability 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) of this section 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) of 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 to whom one of the following applies:
1. The person has supervisory authority over the actor.
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) of this section 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) of this section 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) of this section, whoever violates division (C)(2) or (C)(3) of this section 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) of this section 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) of this section or a violation of R.C. § 2903.34.
(R.C. § 2903.36) Penalty, see § 130.99
Statutory reference:
License revocation for felony violations, see R.C. § 2903.37
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