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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 3344-95 | Unassigned

 
 
 
Rule
Rule 3344-95-01 | Child protection and reporting of child abuse policy.
 
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text

Supplemental Information

Authorized By: 111.15
Amplifies: 3344
Rule 3344-95-02 | Definitions.
 

(A) Child abuse

An "abused child" includes any child who:

(1) Is the victim of sexual activity, which includes children who are the victim of statutory rape, sexual assault.

(2) Is endangered as defined in section 2919.22 of the Revised Code. A child is endangered if the person who is the parent, guardian, custodian or is in loco parentis of a child creates a substantial risk to the health or safety of the child. Specific examples include child abuse, torture, excessive corporal punishment that creates a substantial risk of serious physical harm or impairment to the child's mental health and encouraging, permitting or compelling a child to act, model or otherwise participate in the production, presentation, dissemination or obscene, sexually oriented material.

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

(4) 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.

(5) Is subjected to out-of-home care child abuse.

(B) Neglected child

A "neglected child" includes any child who:

(1) Is abandoned by the child's parents, guardian, or custodian.

(2) Who lacks adequate parental care because of the faults or habits of the child's parents, guardian, or custodian.

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

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

(5) Whose parents, legal guardian, or custodian have placed or attempted to place the child in foster care or for adoption in violation of sections 5103.16 and 5103.17 of the Revised Code.

(6) 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; or,

(7) Who is subjected to out-of-home care child neglect, as defined in section 2151.06 of the Revised Code.

(C) "Child"

For the purposes of this policy, this definition includes a person under the age of eighteen years or a mentally retarded, developmentally disabled, or physically impaired child under twenty-one years of age, as defined in section 2919.22 of the Revised Code.

Supplemental Information

Authorized By: 111.15
Amplifies: 3344
Rule 3344-95-03 | Policy.
 

(A) Ohio law requires certain individuals to report child abuse, whenever they have reasonable suspicion. However, any person may report child abuse if they have reasonable suspicion that a child has been abused.

(B) With very limited exception, section 2151.421 of the Revised Code makes the reporting of known or suspected child abuse or neglect mandatory for hospitals, clinics, medical professionals, teachers, school officials, law enforcement officials, social workers, daycare workers, mental health professionals, members of the clergy, and any other person called upon to render aid or medical assistance to a child. Certain university employees (e.g. medical professionals, mental health professionals, etc.,) shall adhere to the child abuse and neglect and related reporting procedures required under applicable law. If there is a perceived conflict between this policy and these professional reporting requirements, contact the office of general counsel or the office of institutional compliance.

(C) Please note that if the individual or individuals who have been, or are, abusing or neglecting minors are members of the university community or visitors to campus, the university has a responsibility to promptly respond to these behaviors and take steps to prevent their reoccurrence. Reporting these incidents to the university authorities identified below is a necessary step in addressing these behaviors.

(D) It is the university's position that, in addition to the mandated statutory reporting requirements for certain individuals and entities, all university personnel and volunteers who have a reasonable cause to suspect that a child is being abused or neglected, shall immediately make a report. Neither Ohio law nor any university policy allows you to delegate the duty to report child abuse or neglect.

Supplemental Information

Authorized By: 111.15
Amplifies: 3344
Rule 3344-95-04 | Reporting child abuse or suspected child abuse.
 

If you know or suspect that a child is a victim of child abuse or neglect, you shall act. In deciding whether or not to report an incident or situation of suspected child abuse or neglect, it is not required that the university personnel have proof that abuse has occurred. Any uncertainty in deciding to report suspected abuse shall be resolved in favor of making a report.

(A) In making a report, your actions shall be as follows:

(1) First - immediately report the information to the Cleveland state university police department ("CSU police"), who shall then contact the Cuyahoga county children and family services and the city of Cleveland police department. If a child is in imminent danger, the employee shall contact police at 911 to obtain immediate protection for the child.

(2) Second - the non-emergency number for CSU police is (216) 687-2020. A report can also be made directly to Cuyahoga county children and family services at (216) 696-KIDS. If a report is made to this agency, university personnel and volunteers shall also make a report to CSU police or shall contact the office of general counsel for guidance on reporting obligations.

(B) When making the initial contact with CSU police or Cuyahoga county children and family services, you shall include all available information regarding the known or suspected abuse or neglect, including, but not limited to, the name of the child, the child's whereabouts, the names and addresses of the parents, guardian, or caretaker and the character and extent of the injuries. The report shall also contain, if known, any evidence of previous injuries to said child and any other pertinent information that might establish the cause of such injury or injuries, and the identity of the person or persons responsible for the same.

(C) Do not delay making a report in order to gather evidence; CSU police and Cuyahoga county children and family services will determine whether such an investigation is warranted. It is acceptable to quickly collect additional information that is readily available (such as talking to co-workers who also interact with that child) or to verify that the information learned meets criteria for reporting, but this shall be done very promptly. It is better to report without all relevant information than to delay a report to collect information.

(D) Second, do not directly question or solicit information from the child or from the person suspected of improper behavior. That is not your role; the role of investigation lays with the appropriate law enforcement officers and children's services agents.

(E) Third, in addition to notifying CSU police, within twenty-four-hours after making the report, an employee shall report the information to his/her immediate supervisor. CSU police shall notify university officials of the suspected child abuse and coordinate the investigation with city of Cleveland police and Cuyahoga county children and family services. University officials include the president, vice president for business affairs and finance, general counsel and chief compliance officer. It shall be the responsibility of the general counsel to notify the board of trustees of the incident.

(F) Further, it shall be the responsibility of CSU police to report the incident to city of Cleveland police and Cuyahoga county children and family services. CSU police shall advise the reporter that such report has been made. CSU police shall be responsible for maintaining all records and reports related to the incident and to brief university officials as needed.

Supplemental Information

Authorized By: 111.15
Amplifies: 3344
Rule 3344-95-05 | Liability.
 

(A) As per Ohio law, any person or institution participating in good faith in the making of a report or participating in a judicial proceeding resulting from a report of an instance of suspected child abuse, will have immunity 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, as defined in division (G)(1)(a) of section 2151.421 of the Revised Code.

(B) University personnel who are required to report child abuse and neglect under Ohio law and who fail to make this report may be found guilty of a first degree misdemeanor and subject to no more than one-hundred eighty days in jail and up to a one thousand dollar fine.

(C) Any university personnel who make a good faith report of child abuse may not be subjected to retaliation in employment with the university.

Supplemental Information

Authorized By: 111.15
Amplifies: 3344
Rule 3344-95-06 | Compliance.
 

Any university personnel who knowingly fails to report a case of suspected child abuse under this policy is subject to disciplinary action up to and including dismissal.

Supplemental Information

Authorized By: 111.15
Amplifies: 3344