2006 Ohio Revised Code - [2151.01.1] 2151.011.Definitions.

[§ 2151.01.1] § 2151.011. Definitions.
 

(A)  As used in the Revised Code: 

(1) "Juvenile court" means whichever of the following is applicable that has jurisdiction under this chapter and Chapter 2152. of the Revised Code: 

(a) The division of the court of common pleas specified in section 2101.022 [2101.02.2] or 2301.03 of the Revised Code as having jurisdiction under this chapter and Chapter 2152. of the Revised Code or as being the juvenile division or the juvenile division combined with one or more other divisions; 

(b) The juvenile court of Cuyahoga county or Hamilton county that is separately and independently created by section 2151.08 or Chapter 2153. of the Revised Code and that has jurisdiction under this chapter and Chapter 2152. of the Revised Code; 

(c) If division (A)(1)(a) or (b) of this section does not apply, the probate division of the court of common pleas. 

(2) "Juvenile judge" means a judge of a court having jurisdiction under this chapter. 

(3) "Private child placing agency" means any association, as defined in section 5103.02 of the Revised Code, that is certified under section 5103.03 of the Revised Code to accept temporary, permanent, or legal custody of children and place the children for either foster care or adoption. 

(4) "Private noncustodial agency" means any person, organization, association, or society certified by the department of job and family services that does not accept temporary or permanent legal custody of children, that is privately operated in this state, and that does one or more of the following: 

(a) Receives and cares for children for two or more consecutive weeks; 

(b) Participates in the placement of children in certified foster homes; 

(c) Provides adoption services in conjunction with a public children services agency or private child placing agency. 

(B)  As used in this chapter: 

(1) "Adequate parental care" means the provision by a child's parent or parents, guardian, or custodian of adequate food, clothing, and shelter to ensure the child's health and physical safety and the provision by a child's parent or parents of specialized services warranted by the child's physical or mental needs. 

(2) "Adult" means an individual who is eighteen years of age or older. 

(3) "Agreement for temporary custody" means a voluntary agreement authorized by section 5103.15 of the Revised Code that transfers the temporary custody of a child to a public children services agency or a private child placing agency. 

(4) "Certified foster home" means a foster home, as defined in section 5103.02 of the Revised Code, certified under section 5103.03 of the Revised Code. 

(5) "Child" means a person who is under eighteen years of age, except that the juvenile court has jurisdiction over any person who is adjudicated an unruly child prior to attaining eighteen years of age until the person attains twenty-one years of age, and, for purposes of that jurisdiction related to that adjudication, a person who is so adjudicated an unruly child shall be deemed a "child" until the person attains twenty-one years of age. 

(6) "Child day camp," "child care," "child day-care center," "part-time child day-care center," "type A family day-care home," "certified type B family day-care home," "type B home," "administrator of a child day-care center," "administrator of a type A family day-care home," "in-home aide," and "authorized provider" have the same meanings as in section 5104.01 of the Revised Code. 

(7) "Child care provider" means an individual who is a child-care staff member or administrator of a child day-care center, a type A family day-care home, or a type B family day-care home, or an in-home aide or an individual who is licensed, is regulated, is approved, operates under the direction of, or otherwise is certified by the department of job and family services, department of mental retardation and developmental disabilities, or the early childhood programs of the department of education. 

(8) "Chronic truant" has the same meaning as in section 2152.02 of the Revised Code. 

(9) "Commit" means to vest custody as ordered by the court. 

(10) "Counseling" includes both of the following: 

(a) General counseling services performed by a public children services agency or shelter for victims of domestic violence to assist a child, a child's parents, and a child's siblings in alleviating identified problems that may cause or have caused the child to be an abused, neglected, or dependent child. 

(b) Psychiatric or psychological therapeutic counseling services provided to correct or alleviate any mental or emotional illness or disorder and performed by a licensed psychiatrist, licensed psychologist, or a person licensed under Chapter 4757. of the Revised Code to engage in social work or professional counseling. 

(11) "Custodian" means a person who has legal custody of a child or a public children services agency or private child placing agency that has permanent, temporary, or legal custody of a child. 

(12) "Delinquent child" has the same meaning as in section 2152.02 of the Revised Code. 

(13) "Detention" means the temporary care of children pending court adjudication or disposition, or execution of a court order, in a public or private facility designed to physically restrict the movement and activities of children. 

(14) "Developmental disability" has the same meaning as in section 5123.01 of the Revised Code. 

(15) "Foster caregiver" has the same meaning as in section 5103.02 of the Revised Code. 

(16) "Guardian" means a person, association, or corporation that is granted authority by a probate court pursuant to Chapter 2111. of the Revised Code to exercise parental rights over a child to the extent provided in the court's order and subject to the residual parental rights of the child's parents. 

(17) "Habitual truant" means any child of compulsory school age who is absent without legitimate excuse for absence from the public school the child is supposed to attend for five or more consecutive school days, seven or more school days in one school month, or twelve or more school days in a school year. 

(18) "Juvenile traffic offender" has the same meaning as in section 2152.02 of the Revised Code. 

(19) "Legal custody" means a legal status that vests in the custodian the right to have physical care and control of the child and to determine where and with whom the child shall live, and the right and duty to protect, train, and discipline the child and to provide the child with food, shelter, education, and medical care, all subject to any residual parental rights, privileges, and responsibilities. An individual granted legal custody shall exercise the rights and responsibilities personally unless otherwise authorized by any section of the Revised Code or by the court. 

(20) A "legitimate excuse for absence from the public school the child is supposed to attend" includes, but is not limited to, any of the following: 

(a) The fact that the child in question has enrolled in and is attending another public or nonpublic school in this or another state; 

(b) The fact that the child in question is excused from attendance at school for any of the reasons specified in section 3321.04 of the Revised Code; 

(c) The fact that the child in question has received an age and schooling certificate in accordance with section 3331.01 of the Revised Code. 

(21) "Mental illness" and "mentally ill person subject to hospitalization by court order" have the same meanings as in section 5122.01 of the Revised Code. 

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

(23) "Mentally retarded person" has the same meaning as in section 5123.01 of the Revised Code. 

(24) "Nonsecure care, supervision, or training" means care, supervision, or training of a child in a facility that does not confine or prevent movement of the child within the facility or from the facility. 

(25) "Of compulsory school age" has the same meaning as in section 3321.01 of the Revised Code. 

(26) "Organization" means any institution, public, semipublic, or private, and any private association, society, or agency located or operating in the state, incorporated or unincorporated, having among its functions the furnishing of protective services or care for children, or the placement of children in certified foster homes or elsewhere. 

(27) "Out-of-home care" means detention facilities, shelter facilities, certified children's crisis care facilities, certified foster homes, placement in a prospective adoptive home prior to the issuance of a final decree of adoption, organizations, certified organizations, child day-care centers, type A family day-care homes, child care provided by type B family day-care home providers and by in-home aides, group home providers, group homes, institutions, state institutions, residential facilities, residential care facilities, residential camps, day camps, public schools, chartered nonpublic schools, educational service centers, hospitals, and medical clinics that are responsible for the care, physical custody, or control of children. 

(28) "Out-of-home care child abuse" means any of the following when committed by a person responsible for the care of a child in out-of-home care: 

(a) Engaging in sexual activity with a child in the person's care; 

(b) Denial to a child, as a means of punishment, of proper or necessary subsistence, education, medical care, or other care necessary for a child's health; 

(c) Use of restraint procedures on a child that cause injury or pain; 

(d) Administration of prescription drugs or psychotropic medication to the child without the written approval and ongoing supervision of a licensed physician; 

(e) Commission of any act, other than by accidental means, that results in any injury to or death of the child in out-of-home care or commission of any act by accidental means that results in an injury to or death of a child in out-of-home care and that is at variance with the history given of the injury or death. 

(29) "Out-of-home care child neglect" means any of the following when committed by a person responsible for the care of a child in out-of-home care: 

(a) Failure to provide reasonable supervision according to the standards of care appropriate to the age, mental and physical condition, or other special needs of the child; 

(b) Failure to provide reasonable supervision according to the standards of care appropriate to the age, mental and physical condition, or other special needs of the child, that results in sexual or physical abuse of the child by any person; 

(c) Failure to develop a process for all of the following: 

(i) Administration of prescription drugs or psychotropic drugs for the child; 

(ii) Assuring that the instructions of the licensed physician who prescribed a drug for the child are followed; 

(iii) Reporting to the licensed physician who prescribed the drug all unfavorable or dangerous side effects from the use of the drug. 

(d) Failure to provide proper or necessary subsistence, education, medical care, or other individualized care necessary for the health or well-being of the child; 

(e) Confinement of the child to a locked room without monitoring by staff; 

(f) Failure to provide ongoing security for all prescription and nonprescription medication; 

(g) Isolation of a child for a period of time when there is substantial risk that the isolation, if continued, will impair or retard the mental health or physical well-being of the child. 

(30) "Permanent custody" means a legal status that vests in a public children services agency or a private child placing agency, all parental rights, duties, and obligations, including the right to consent to adoption, and divests the natural parents or adoptive parents of all parental rights, privileges, and obligations, including all residual rights and obligations. 

(31) "Permanent surrender" means the act of the parents or, if a child has only one parent, of the parent of a child, by a voluntary agreement authorized by section 5103.15 of the Revised Code, to transfer the permanent custody of the child to a public children services agency or a private child placing agency. 

(32) "Person" means an individual, association, corporation, or partnership and the state or any of its political subdivisions, departments, or agencies. 

(33) "Person responsible for a child's care in out-of-home care" means any of the following: 

(a) Any foster caregiver, in-home aide, or provider; 

(b) Any administrator, employee, or agent of any of the following: a public or private detention facility; shelter facility; certified children's crisis care facility; organization; certified organization; child day-care center; type A family day-care home; certified type B family day-care home; group home; institution; state institution; residential facility; residential care facility; residential camp; day camp; school district; community school; chartered nonpublic school; educational service center; hospital; or medical clinic; 

(c) Any person who supervises or coaches children as part of an extracurricular activity sponsored by a school district, public school, or chartered nonpublic school; 

(d) Any other person who performs a similar function with respect to, or has a similar relationship to, children. 

(34) "Physically impaired" means having one or more of the following conditions that substantially limit one or more of an individual's major life activities, including self-care, receptive and expressive language, learning, mobility, and self-direction: 

(a) A substantial impairment of vision, speech, or hearing; 

(b) A congenital orthopedic impairment; 

(c) An orthopedic impairment caused by disease, rheumatic fever or any other similar chronic or acute health problem, or amputation or another similar cause. 

(35) "Placement for adoption" means the arrangement by a public children services agency or a private child placing agency with a person for the care and adoption by that person of a child of whom the agency has permanent custody. 

(36) "Placement in foster care" means the arrangement by a public children services agency or a private child placing agency for the out-of-home care of a child of whom the agency has temporary custody or permanent custody. 

(37) "Planned permanent living arrangement" means an order of a juvenile court pursuant to which both of the following apply: 

(a) The court gives legal custody of a child to a public children services agency or a private child placing agency without the termination of parental rights. 

(b) The order permits the agency to make an appropriate placement of the child and to enter into a written agreement with a foster care provider or with another person or agency with whom the child is placed. 

(38) "Practice of social work" and "practice of professional counseling" have the same meanings as in section 4757.01 of the Revised Code. 

(39) "Sanction, service, or condition" means a sanction, service, or condition created by court order following an adjudication that a child is an unruly child that is described in division (A)(4) of section 2152.19 of the Revised Code. 

(40) "Protective supervision" means an order of disposition pursuant to which the court permits an abused, neglected, dependent, or unruly child to remain in the custody of the child's parents, guardian, or custodian and stay in the child's home, subject to any conditions and limitations upon the child, the child's parents, guardian, or custodian, or any other person that the court prescribes, including supervision as directed by the court for the protection of the child. 

(41) "Psychiatrist" has the same meaning as in section 5122.01 of the Revised Code. 

(42) "Psychologist" has the same meaning as in section 4732.01 of the Revised Code. 

(43) "Residential camp" means a program in which the care, physical custody, or control of children is accepted overnight for recreational or recreational and educational purposes. 

(44) "Residential care facility" means an institution, residence, or facility that is licensed by the department of mental health under section 5119.22 of the Revised Code and that provides care for a child. 

(45) "Residential facility" means a home or facility that is licensed by the department of mental retardation and developmental disabilities under section 5123.19 of the Revised Code and in which a child with a developmental disability resides. 

(46) "Residual parental rights, privileges, and responsibilities" means those rights, privileges, and responsibilities remaining with the natural parent after the transfer of legal custody of the child, including, but not necessarily limited to, the privilege of reasonable visitation, consent to adoption, the privilege to determine the child's religious affiliation, and the responsibility for support. 

(47) "School day" means the school day established by the state board of education pursuant to section 3313.48 of the Revised Code. 

(48) "School month" and "school year" have the same meanings as in section 3313.62 of the Revised Code. 

(49) "Secure correctional facility" means a facility under the direction of the department of youth services that is designed to physically restrict the movement and activities of children and used for the placement of children after adjudication and disposition. 

(50) "Sexual activity" has the same meaning as in section 2907.01 of the Revised Code. 

(51) "Shelter" means the temporary care of children in physically unrestricted facilities pending court adjudication or disposition. 

(52) "Shelter for victims of domestic violence" has the same meaning as in section 3113.33 of the Revised Code. 

(53) "Temporary custody" means legal custody of a child who is removed from the child's home, which custody may be terminated at any time at the discretion of the court or, if the legal custody is granted in an agreement for temporary custody, by the person who executed the agreement. 

(C)  For the purposes of this chapter, a child shall be presumed abandoned when the parents of the child have failed to visit or maintain contact with the child for more than ninety days, regardless of whether the parents resume contact with the child after that period of ninety days. 
 

HISTORY: 142 v H 403 (Eff 1-1-89); 143 v H 257 (Eff 8-3-89); 143 v H 38 (Eff 7-10-90); 144 v H 155 (Eff 7-22-91); 144 v H 356 (Eff 3-15-93); 145 v H 152 (Eff 7-1-93); 145 v S 21 (Eff 10-29-93); 145 v H 715 (Eff 7-22-94); 146 v H 1 (Eff 1-1-96); 146 v S 2 (Eff 7-1-96); 146 v H 274, §§ 1, 4 (Eff 8-8-96); 146 v H 265 (Eff 3-3-97); 146 v S 223 (Eff 3-18-97); 146 v H 124 (Eff 3-31-97); 147 v H 408 (Eff 10-1-97); 147 v S 212 (Eff 9-30-98); 147 v H 484 (Eff 3-18-99); 148 v H 470 (Eff 7-1-2000); 148 v S 181 (Eff 9-4-2000); 148 v H 448 (Eff 10-5-2000); 148 v H 332 (Eff 1-1-2001); 148 v S 179, § 3 (Eff 1-1-2002); 149 v H 400. Eff 4-3-2003; 150 v H 106, § 1, eff. 9-16-04; 150 v H 11, § 1, eff. 5-18-05; 151 v S 238, § 1, eff. 9-21-06.
 

The provisions of § 7 of 151 v S 238 read as follows: 

SECTION 7. Section 2151.011 of the Revised Code is presented in this act as a composite of the section as amended by both Am. Sub. * * * The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composites are the resulting version of the sections in effect prior to the effective dates of the sections as presented in this act. 

Analogous to former RC § 2151.01.1 (133 v H 320; 138 v H 695; 139 v H 440; 140 v S 210; 141 v H 428; 142 v H 399; 142 v S 89), repealed, 142 v H 403, § 2, eff 1-1-89.

 

Effect of Amendments

151 v S 238, effective September 21, 2006, in (B)(27), inserted "certified children's crisis care facilities"; inserted (B)(32) and redesignated the remaining subdivisions accordingly; and, in (B)(33)(b), inserted "certified children's crisis care facility". 

150 v H 11, effective May 18, 2005, in (B)(6), (7), and (27), substituted "child care" for "child day-care". 

150 v H 106, effective September 16, 2004, in (B)(27), inserted "public schools, chartered nonpublic schools, educational service centers"; in (B)(32)(b), inserted "school district; community school; chartered nonpublic school; educational service center"; and inserted (B)(32)(c) and redesignated former (B)(32)(c) as (d).