Ohio § 2919.225

§ 2919.225.

(A) Subject to division (C) of this section, no owner, provider, or administrator of

a type A family child care home or type B family child care home, knowing that the

event described in division (A)(1) or (2) of this section has occurred, shall accept

a child into that home without first disclosing to the parent, guardian, custodian,

or other person responsible for the care of that child any of the following that has

occurred: (1) A child died while under the care of the home or while receiving child care from

the owner, provider, or administrator or died as a result of injuries suffered while

under the care of the home or while receiving child care from the owner, provider,

or administrator. (2) Within the preceding ten years, a child suffered injuries while under the care of

the home or while receiving child care from the owner, provider, or administrator,

and those injuries led to the child being hospitalized for more than twenty-four hours. (B)(1) Subject to division (C) of this section, no owner, provider, or administrator of

a type A family child care home or type B family child care home shall fail to provide

notice in accordance with division (B)(3) of this section to the persons and entities

specified in division (B)(2) of this section, of any of the following that occurs: (a) A child who is under the care of the home or is receiving child care from the owner,

provider, or administrator dies while under the care of the home or while receiving

child care from the owner, provider, or administrator or dies as a result of injuries

suffered while under the care of the home or while receiving child care from the owner,

provider, or administrator. (b) A child who is under the care of the home or is receiving child care from the owner,

provider, or administrator is hospitalized for more than twenty-four hours as a result

of injuries suffered while under the care of the home or while receiving child care

from the owner, provider, or administrator. (2) An owner, provider, or administrator of a home shall provide the notices required

under division (B)(1) of this section to each of the following: (a) For each child who, at the time of the injury or death for which the notice is required,

is receiving or is enrolled to receive child care at the home or from the owner, provider,

or administrator, to the parent, guardian, custodian, or other person responsible

for the care of the child; (b) If the notice is required as the result of the death of a child as described in division

(B)(1)(a) of this section, to the public children services agency of the county in

which the home is located or the child care was given, a municipal or county peace

officer in the county in which the child resides or in which the home is located or

the child care was given, and the child fatality review board appointed under section 307.621 of the Revised Code that serves the county in which the home is located or the child care was given. (3) An owner, provider, or administrator of a home shall provide the notices required

by divisions (B)(1) and (2) of this section not later than forty-eight hours after

the child dies or, regarding a child who is hospitalized for more than twenty-four

hours as a result of injuries suffered while under the care of the home, not later

than forty-eight hours after the child suffers the injuries.  If a child is hospitalized for more than twenty-four hours as a result of injuries

suffered while under the care of the home, and the child subsequently dies as a result

of those injuries, the owner, provider, or administrator shall provide separate notices

under divisions (B)(1) and (2) of this section regarding both the injuries and the

death.  All notices provided under divisions (B)(1) and (2) of this section shall state

that the death or injury occurred. (C) Division (A) of this section does not require more than one person to make disclosures

to the same parent, guardian, custodian, or other person responsible for the care

of a child regarding any single injury or death for which disclosure is required under

that division.  Division (B) of this section does not require more than one person to give notices

to the same parent, guardian, custodian, other person responsible for the care of

the child, public children services agency, peace officer, or child fatality review

board regarding any single injury or death for which disclosure is required under

division (B)(1) of this section. (D) An owner, provider, or administrator of a type A family child care home or type B

family child care home is not subject to civil liability solely for making a disclosure

required by this section. (E) Whoever violates division (A) or (B) of this section is guilty of failure of a type

A or type B family child care home to disclose the death or serious injury of a child,

a misdemeanor of the fourth degree.