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Definitions of Child Abuse and Neglect Ohio

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Statute: 2151.011; 2151.03; 2151.031; 2151.04; 2151.05; 2907.01

Standard


Harms or threatens to harm

Exemption

Corporal punishment

Religious exemption

Categories of Maltreatment Defined in Statute

Physical abuse

Neglect

Sexual abuse

Sexual exploitation

Emotional/mental injury

Abandonment

Categories of Maltreatment Not Defined in Statute

DEFINITIONS

Ohio Rev. Code Ann. 2151.011 (West, WESTLAW through 2/15/03)

'Child' means a person who is under 18 years of age, except that the juvenile court has jurisdiction over any person who is adjudicated an unruly child prior to attaining 18 years of age until the person attains 21 years of age, and for purposes of that jurisdiction related to that adjudication, a person who is adjudicated an unruly child shall be deemed a 'child' until the person attains 21 years of age.

'Mental injury' means any behavioral, cognitive, emotional, or mental disorder in a child caused by an act or omission that is described in 2919.22 and is committed by a parent or other person that is responsible for the child's care.

Ohio Rev. Code Ann. 2151.03(A) (West, WESTLAW through 2000 portion of 123rd Gen. Assem.)

'Neglected child' includes any child:

Who is abandoned by the child's parents, guardian or custodian;

Who lacks proper parental care because of the
faults or habits of the child's parents,
guardian, or custodian;

Whose parents, guardian, or custodian neglects
the child or refuses to provide proper or
necessary subsistence, education, or medical or
surgical care or treatment, or other care
necessary for the child's health, morals, or well
being;

Whose parents, guardian or custodian neglects the
child or refuses to provide the special care made
necessary by the child's mental condition;

Whose parents, legal guardian, or custodian have
placed or attempted to place the child in
violation of statutes regarding the placement and
adoption of children;

Who, because of the omission of the child's
parents, guardian, or custodian, suffers physical
or mental injury that harms or threatens to harm
the child's health or welfare;

Who is subjected to out-of-home care child
neglect.

Ohio Rev. Code Ann. 2151.031 (Anderson 1994)

'Abused child' includes any child who:

Is the victim of sexual activity, as defined in 2907.01 below, where such activity would constitute an offense, except that the court need not find that any person has been convicted of the offense in order to find that the child is an abused child;

Is endangered as defined in the statute
concerning endangering children, except that the
court need not find that any person has been
convicted under that section in order to find
that the child is an abused child;

Exhibits evidence of any physical or mental
injury or death, inflicted by other than
accidental means, or an injury or death which is
at variance with the history given of it;

Because of the acts of his parents, guardian or
custodian, suffers physical or mental injury that
harms or threatens to harm the child's health or
welfare;

Is subjected to out-of-home care child abuse.

Ohio Rev. Code Ann. 2151.04 (West, WESTLAW
through 2000 portion of 123rd Gen. Assem.)


'Dependent child' means any child:

Who is homeless or destitute or without adequate parental care, through no fault of the child's parents, guardian, or custodian;

Who lacks adequate parental care by reason of the
mental or physical condition of the child's
parents, guardian, or custodian;

Whose condition or environment is such as to
warrant the State, in the interests of the child,
in assuming the child's guardianship;

To whom both of the following apply: (1)The child
is residing in a household in which a parent,
guardian, custodian, or other member of the
household committed an act that was the basis for
an adjudication that a sibling of the child or
any other child who resides in the household is
an abused, neglected, or dependent child; (2)
Because of the circumstances surrounding the
abuse, neglect, or dependency of the sibling or
other child and the other conditions in the
household of the child, the child is in danger of
being abused or neglected....

Ohio Rev. Stat. Ann. 2151.05 (Anderson 1994


A child whose home is filthy and unsanitary;
whose parents, stepparents, guardian, or
custodian permit him to become dependent,
neglected, abused, or delinquent; whose parents,
stepparents, guardian, or custodian, when able,
refuse or neglect to provide him with necessary
care, support, medical attention, and educational
facilities; or whose parents, stepparents,
guardian or custodian fail to subject such child
to necessary discipline is without proper
parental care or guardianship.

Ohio Rev. Stat. Ann. 2907.01 (West, WESTLAW through 2/15/03, eff. until 1/4/04)

'Sexual conduct' means vaginal intercourse between a male and female; anal intercourse, fellatio and cunnilingus between persons regardless of sex; and, without privilege to do so, the insertion, however slight, of any part of the body or any instrument, apparatus, or other object into the vaginal or anal cavity of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.

'Sexual contact' means any touching of an erogenous zone of another, including without limitation, the thigh, genitals, buttocks, pubic region, or if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.

'Sexual activity' means sexual conduct or sexual contact, or both.

EXCEPTIONS

Ohio Rev. Code Ann. 2151.03(B) (West, WESTLAW through 2000 portion of 123rd Gen. Assem.)

Nothing in this chapter shall be construed as subjecting a parent, guardian, or custodian of a child to criminal liability when, solely in the practice of religious beliefs, the parent, guardian or custodian fails to provide adequate medical or surgical care or treatment for the child.

Ohio Rev. Code Ann. 2151.031(C) (Anderson 1994)

A child exhibiting evidence of corporal punishment or other physical disciplinary measure by a parent, guardian, custodian, person having custody or control, or person in loco parentis of a child is not an abused child under this section if the measure is not, as prohibited by statute, administered in a cruel manner or for a prolonged period, excessive under the circumstances, or creates a substantial risk of serious physical harm to the child.
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