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
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BUILDING SECURITY / KEYS |
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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
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WEAPONS-POSSESSION |
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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.
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WEAPONS-USE |
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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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