STANDARD #6

Requirements for Reporting Child Abuse

 

Ohio Revised Code § 2151.421

PERSONS REQUIRED TO REPORT INJURY OR NEGLECT;
PROCEDURES ON RECEIPT OF REPORT

(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 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.

(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 or surgery as defined in section 4731.15 of the Revised Code; registered nurse; licensed practical nurse; visiting nurse; other health care professional; licensed psychologist; licensed school psychologist; 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; or a person rendering spiritual treatment through prayer in accordance with the tenets of a well-recognized religion.

(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.

(B) Anyone, who knows or suspects that a child under eighteen years of age or a mentally retarded, developmentally disabled, or physically impaired person under twenty-one years of age has suffered or faces a threat of suffering any physical or mental wound, injury, disability, or other condition of a nature that reasonably indicates abuse or neglect of the child, may report or cause reports to be made of that knowledge or suspicion to the public children services agency or to a municipal or county peace officer.

(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.

(D)(1) Upon the receipt of a report concerning the possible abuse or neglect of a child or the possible threat of abuse or neglect of a child, the municipal or county peace officer who receives the report shall refer the report to the appropriate public children services agency.
(2) On receipt of a report pursuant to this division or division (A) or (B) of this section, the public children services agency shall comply with section 2151.422 [2151.42.2] of the Revised Code.

(E) No township, municipal, or county peace officer shall remove a child about whom a report is made pursuant to this section from the child's parents, stepparents, or guardian or any other persons having custody of the child without consultation with the public children services agency, unless, in the judgment of the officer, and, if the report was made by physician, the physician, immediate removal is considered essential to protect the child from further abuse or neglect. The agency that must be consulted shall be the agency conducting the investigation of the report as determined pursuant to section 2151.422 [2151.42.2] of the Revised Code.

(F)(1) Except as provided in section 2151.422 [2151.42.2] of the Revised Code, the public children services agency shall investigate, within twenty-four hours, each report of known or suspected child abuse or child neglect and of a known or suspected threat of child abuse or child neglect that is referred to it under this section to determine the circumstances surrounding the injuries, abuse, or neglect or the threat of injury, abuse, or neglect, the cause of the injuries, abuse, neglect, or threat, and the person or persons responsible. The investigation shall be made in cooperation with the law enforcement agency and in accordance with the memorandum of understanding prepared under division (J) of this section. A failure to make the investigation in accordance with the memorandum is not grounds for, and shall not result in, the dismissal of any charges or complaint arising from the report or the suppression of any evidence obtained as a result of the report and does not give, and shall not be construed as giving, any rights or any grounds for appeal or post-conviction relief to any person. The public children services agency shall report each case to a central registry which the department of job and family services shall maintain in order to determine whether prior reports have been made in other counties concerning the child or other principals in the case. The public children services agency shall submit a report of its investigation, in writing, to the law enforcement agency.
(2) The public children services agency shall make any recommendations to the county prosecuting attorney or city director of law that it considers necessary to protect any children that are brought to its attention.

(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.
(b) Notwithstanding section 4731.22 of the Revised Code, the physician-patient privilege shall not be a ground for excluding evidence regarding a child's injuries, abuse, or neglect, or the cause of the injuries, abuse, or neglect in any judicial proceeding resulting from a report submitted pursuant to this section.

(2) In any civil or criminal action or proceeding in which it is alleged and proved that participation in the making of a report under this section was not in good faith or participation in a judicial proceeding resulting from a report made under this section was not in good faith, the court shall award the prevailing party reasonable attorney's fees and costs and, if a civil action or proceeding is voluntarily dismissed, may award reasonable attorney's fees and costs to the party against whom the civil action or proceeding is brought.

(H)(1) Except as provided in divisions (H)(4), (M), and (N) of this section, a report made under this section is confidential. The information provided in a report made pursuant to this section and the name of the person who made the report shall not be released for use, and shall not be used, as evidence in any civil action or proceeding brought against the person who made the report. In a criminal proceeding, the report is admissible in evidence in accordance with the Rules of Evidence and is subject to discovery in accordance with the Rules of Criminal Procedure.
(2) No person shall permit or encourage the unauthorized dissemination of the contents of any report made under this section.
(3) A person who knowingly makes or causes another person to make a false report under division (B) of this section that alleges that any person has committed an act or omission that resulted in a child being an abused child or a neglected child is guilty of a violation of section 2921.14 of the Revised Code.
(4) If a report is made pursuant to division (A) or (B) of this section and the child who is the subject of the report dies for any reason at any time after the report is made, but before the child attains eighteen years of age, the public children services agency or municipal or county peace officer to which the report was made or referred, on the request of the child fatality review board, shall submit a summary sheet of information providing a summary of the report to the review board of the county in which the deceased child resided at the time of death. On the request of the review board, the agency or peace officer may, at its discretion, make the report available to the review board.
(5) A public children services agency shall advise a person alleged to have inflicted abuse or neglect on a child who is the subject of a report made pursuant to this section in writing of the disposition of the investigation. The agency shall not provide to the person any information that identifies the person who made the report, statements of witnesses, or police or other investigative reports.

(I) Any report that is required by this section shall result in protective services and emergency supportive services being made available by the public children services agency on behalf of the children about whom the report is made, in an effort to prevent further neglect or abuse, to enhance their welfare, and, whenever possible, to preserve the family unit intact. The agency required to provide the services shall be the agency conducting the investigation of the report pursuant to section 2151.422 [2151.42.2] of the Revised Code.

(J)(1) Each public children services agency shall prepare a memorandum of understanding that is signed by all of the following:
(a) If there is only one juvenile judge in the county, the juvenile judge of the county or the juvenile judge's representative;
(b) If there is more than one juvenile judge in the county, a juvenile judge or the juvenile judges' representative selected by the juvenile judges or, if they are unable to do so for any reason, the juvenile judge who is senior in point of service or the senior juvenile judge's representative;
(c) The county peace officer;
(d) All chief municipal peace officers within the county;
(e) Other law enforcement officers handling child abuse and neglect cases in the county;
(f) The prosecuting attorney of the county;
(g) If the public children services agency is not the county department of job and family services, the county department of job and family services.

(2) A memorandum of understanding shall set forth the normal operating procedure to be employed by all concerned officials in the execution of their respective responsibilities under this section and division (C) of section 2919.21, division (B)(1) of section 2919.22, division (B) of section 2919.23, and section 2919.24 of the Revised Code and shall have as two of its primary goals the elimination of all unnecessary interviews of children who are the subject of reports made pursuant to division (A) or (B) of this section and, when feasible, providing for only one interview of a child who is the subject of any report made pursuant to division (A) or (B) of this section. A failure to follow the procedure set forth in the memorandum by the concerned officials is not grounds for, and shall not result in, the dismissal of any charges or complaint arising from any reported case of abuse or neglect or the suppression of any evidence obtained as a result of any reported child abuse or child neglect and does not give, and shall not be construed as giving, any rights or any grounds for appeal or post-conviction relief to any person.

(3) A memorandum of understanding shall include all of the following:
(a) The roles and responsibilities for handling emergency and nonemergency cases of abuse and neglect;
(b) Standards and procedures to be used in handling and coordinating investigations of reported cases of child abuse and reported cases of child neglect, methods to be used in interviewing the child who is the subject of the report and who allegedly was abused or neglected, and standards and procedures addressing the categories of persons who may interview the child who is the subject of the report and who allegedly was abused or neglected.

(K)(1) Except as provided in division (K)(4) of this section, a person who is required to make a report pursuant to division (A) of this section may make a reasonable number of requests of the public children services agency that receives or is referred the report to be provided with the following information:
(a) Whether the agency has initiated an investigation of the report;
(b) Whether the agency is continuing to investigate the report;
(c) Whether the agency is otherwise involved with the child who is the subject of the report;
(d) The general status of the health and safety of the child who is the subject of the report;
(e) Whether the report has resulted in the filing of a complaint in juvenile court or of criminal charges in another court.
(2) A person may request the information specified in division (K)(1) of this section only if, at the time the report is made, the person's name, address, and telephone number are provided to the person who receives the report.
When a municipal or county peace officer or employee of a public children services agency receives a report pursuant to division (A) or (B) of this section the recipient of the report shall inform the person of the right to request the information described in division (K)(1) of this section. The recipient of the report shall include in the initial child abuse or child neglect report that the person making the report was so informed and, if provided at the time of the making of the report, shall include the person's name, address, and telephone number in the report.
Each request is subject to verification of the identity of the person making the report. If that person's identity is verified, the agency shall provide the person with the information described in division (K)(1) of this section a reasonable number of times, except that the agency shall not disclose any confidential information regarding the child who is the subject of the report other than the information described in those divisions.
(3) A request made pursuant to division (K)(1) of this section is not a substitute for any report required to be made pursuant to division (A) of this section.
(4) If an agency other than the agency that received or was referred the report is conducting the investigation of the report pursuant to section 2151.422 [2151.42.2] of the Revised Code, the agency conducting the investigation shall comply with the requirements of division (K) of this section.

(L) The director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code to implement this section. The department of job and family services may enter into a plan of cooperation with any other governmental entity to aid in ensuring that children are protected from abuse and neglect. The department shall make recommendations to the attorney general that the department determines are necessary to protect children from child abuse and child neglect.

(M) No later than the end of the day following the day on which a public children services agency receives a report of alleged child abuse or child neglect, or a report of an alleged threat of child abuse or child neglect, that allegedly occurred in or involved an out-of-home care entity, the agency shall provide written notice of the allegations contained in and the person named as the alleged perpetrator in the report to the administrator, director, or other chief administrative officer of the out-of-home care entity that is the subject of the report unless the administrator, director, or other chief administrative officer is named as an alleged perpetrator in the report. If the administrator, director, or other chief administrative officer of an out-of-home care entity is named as an alleged perpetrator in a report of alleged child abuse or child neglect, or a report of an alleged threat of child abuse or child neglect, that allegedly occurred in or involved the out-of-home care entity, the agency shall provide the written notice to the owner or governing board of the out-of-home care entity that is the subject of the report. The agency shall not provide witness statements or police or other investigative reports.

(M) No later than three days after the day on which a public children services agency that conducted the investigation as determined pursuant to section 2151.422 [2151.42.2] of the Revised Code makes a disposition of an investigation involving a report of alleged child abuse or child neglect, or a report of an alleged threat of child abuse or child neglect, that allegedly occurred in or involved an out-of-home care entity, the agency shall send written notice of the disposition of the investigation to the administrator, director, or other chief administrative officer and the owner or governing board of the out-of-home care entity. The agency shall not provide witness statements or police or other investigative reports.


STANDARD #11

Safe, Secure Environment

 

BUILDING SECURITY / KEYS
 


Policy

The Mission will strive to provide a safe and secure environment for its client/guests. Keys will be issued only to those client/guests who are employed by the Mission and/or ;those who are paying tenants.

Rationale

For security reasons, portions of the Mission building are locked and inaccessible to client/guests. Therefore, employees or tenants who do possess keys are enjoined not to allow client/guests into the secured portions of the buildings except at the scheduled times.

Implementation

Client/guest found in unauthorized area

1. The client/guest will be requested to leave the area.
2. If he/she refuses, staff will contact the police for assistance.

Tenant who permits client/guest to enter unauthorized area

1. The tenant becomes liable for the client/guest who is was allowed in the unauthorized area. That is, the tenant will be held accountable for any wrong-doing committed by the client/guest and will be disciplined (and possibly evicted) accordingly.


SUNBATHING

1. NO NUDE SUNBATHING IS EVER PERMITTED AT ACCESS.
2. You may sunbathe in the area between the two houses if wearing proper clothing.

STAFF

1. You are NEVER PERMITTED to ask a staff person or volunteer for money, cigarettes or anything of theirs.
2. If you do not understand something it is your responsibility to ask a staff person. IGNORANCE OF THE RULES ARE NOT AN ACCEPTABLE REASON TO BREAK THEM.
3. There is a staff person awake and on site 24 hours a day, seven days a week.

OFFICE

1. NO RESIDENTS ARE ALLOWED IN EITHER STAFF OFFICE BY THEMSELVES AT ANY TIME.
2. All questions are to be directed to a volunteer, staff aid or shift supervisor. All requests are to be directed to a shift supervisor. It will be greatly appreciated if you do not direct requests or questions to the Executive Director.
3. Mothers are responsible for keeping their children out of the staff offices unless meeting with a shift supervisor. Children are NEVER PERMITTED to play in the reception area.

WARNING SYSTEM
There is both a verbal and written warning system at ACCESS. YOU WILL BE GIVEN 1 VERBAL WARNING FOR BREAKING THE RULES. After 1 verbal warning YOU WILL BE GIVEN A WRITTEN WARNING. AFTER THREE (3) WRITTEN WARNINGS YOU WILL BE AUTOMATICALLY EXITED FROM ACCESS. Ignoring one on ones with the resident supervisor or not doing chores will result in the loss of privileges including leaving the shelter for the day.

SAFETY AND SECURITY AT ACCESS

1. ALL DOORS ARE TO HE LOCKED AT ALL TIMES OF THE DAY AND NIGHT.
2. It Is your responsibility to have the door locked behind you when you are leaving the shelter.
3. RESIDENTS ARE ONLY ALLOWED TO USE THE FRONT DOOR.
4. RESIDENTS ARE ONLY ALLOWED TO OPEN THE DOORS FOR OTHER RESIDENTS, STAFF AND VOLUNTEERS WHOM THEY KNOW.
5. RESIDENTS ARE ONLY ALLOWED TO OPEN THE DOORS BETWEEN 7am and curfew. After curfew, only staff can open the doors.
6. CHILDREN ARE NOT ALLOWED TO OPEN THE DOORS AT ANY TIME FOR ANYBODY.

AUTOMATIC "AGAINST WILL" EXITS

1. SMOKING ANYWHERE EXCEPT THE DINING ROOM AND RECEPTION AREA.
2. HAVING IN YOUR POSSESSION OR THE USE OF ANY WEAPON.
3. FIGHTING WITH ANOTHER RESIDIENT STAFF OR VOLUNTEER.
4. VERBALLY ABUSING ANOTHER RESIDENT, STAFF OR VOLUNTEER ARE CAUGHT BRINGING ANY DRUGS OR ALCOHOL ONTO THE PREMISES.
5. SUSPECTED OF BEING UNDER THE INFLUENCE OP DRUGS OR ALCOHOL WHILE IN RESIDENCE AT THE SHELTER.
6. CAUGHT WITH SOMEONE ELSE'S BELONGINGS.
7. NOT RETURNING TO THE SHELTER AT THE APPROPRIATE TIME.


STANDARD #12

Control of Weapons

 

WEAPONS-POSSESSION
 

Policy
The Mission does not permit its client/guests to have weapons in their possession while on Mission property.

Rationale
The Mission is committed to providing a safe, secure environment for its client/guests. The existence of weapons in the facility poses a clear and present danger to client/guests, staff members and volunteers. In addition there are number of types of illegal and restricted weapons. Therefore, the Mission will not tolerate the possession of any type of weapon by any client/ guest while that person is in the Mission

Implementation
Upon admission, client/guests will be asked to surrender any and all weapons to the Security Supervisor before services are rendered. Confiscated weapons will be returned to the client/guest when he/she leaves the premises. If a client/guest /admits to possessing a weapon and refuses to surrender it, he/she may be refused services. Client/guests who are found to have weapons in their possession-after declaring otherwise will be refused services.


 

WEAPONS-USE
 

Policy
The Mission does not permit its client/guests to use any type of weapons) while on Mission property or when in the immediate vicinity of the Mission, including the front sidewalk and the alleys around the building.

Rationale
The Mission is committed to providing a safe, secure environment for its client/guests. The use of weapons in and around the facility presents an obvious danger to client/guests, staff members and volunteers. For purposes of this section, a weapon is defined as any item which can be used to physically harm another person. This would include items such as furniture, pieces of wood, bottles, etc. which are used by one individual to threaten or harm another person. In addition, there are a number of illegal and restricted weapons. Therefore, the Mission will not tolerate the use of any type of weapon by any client/guest while that person is in or around the Mission.

Implementation
1. 1st offense: will be barred from the premises permanently
2. The Mission will file charges against the perpetrator and/or will encourage the victim to do so.


STANDARD # 16

Consensual/Non-Consensual Searches

BETHANY HOUSE SERVICES
CINCINNATI, OHIO

2.5.5

ROOM SEARCH

POLICY:

A room search may only be conducted by the Executive Director or a staff member in the presence of the guest involved. Room searches should be conducted in a respectful manner with as little disturbance to guest's personal belongings as possible. Under no circumstances may a guest search another guest's room or personal belongings.

PURPOSE:

To resolve questions, suspicions- or accusations regarding theft or other violations of Bethany House Services policies
To maintain a safe environment
To assure continuation of services in a manner that minimizes disruption of activities and promotes fulfillment of Bethany House Services objectives particularly related to guest services

PROCEDURE:

Reasons for a room search may be suspected possession of drugs, alcohol, weapons or any other major violation of Bethany House Services policy.

Communication of the need to conduct a room search should be communicated in respectful manner to the guest involved.

If there is significant reason to suspect that a room search is needed and the guest refuses to cooperate with the request, she may be asked to leave the shelter immediately.

Record of a room search should be made in the guest's personal log book.


 

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