Ohio § 2151.011

§ 2151.011.

(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 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 children and youth 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) “ Alternative response ” means the public children services agency's response to a report of child abuse

or neglect that engages the family in a comprehensive evaluation of child safety,

risk of subsequent harm, and family strengths and needs and that does not include

a determination as to whether child abuse or neglect occurred. (5) “ 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 . (6) “ 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. (7) “Child day camp,” “child care,” “child care center,” “part-time child care center,”

“type A family child care home,” “licensed type B family child care home,” “type B

family child care home,” “administrator of a child care center,” “administrator of

a type A family child care home,” and “in-home aide” have the same meanings as in section 5104.01 of the Revised Code . (8) “ Child care provider ” means an individual who is a child-care staff member or administrator of a child

care center, a type A family child care home, or a type B family child 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 children and

youth, department of developmental disabilities, or the early childhood programs of

the department of education. (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) “ Differential response approach ” means an approach that a public children services agency may use to respond to accepted

reports of child abuse or neglect with either an alternative response or a traditional

response. (16) “Foster caregiver” has the same meaning as in section 5103.02 of the Revised Code . (17) “ 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. (18) “ 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 thirty or more

consecutive hours, forty-two or more hours in one school month, or seventy-two or

more hours in a school year. (19) “Intellectual disability” has the same meaning as in section 5123.01 of the Revised Code . (20) “Juvenile traffic offender” has the same meaning as in section 2152.02 of the Revised Code . (21) “ 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. (22) 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 or 3321.042 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 . (23) “Mental illness” has the same meaning as in section 5122.01 of the Revised Code . (24) “ 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. (25) “ 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. (26) “Of compulsory school age” has the same meaning as in section 3321.01 of the Revised Code . (27) “ 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. (28) “ 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 care centers, type A family child care homes, type B family child care homes,

child care provided by in-home aides, group home providers, group homes, institutions,

state institutions, residential facilities, residential care facilities, residential

camps, day camps, private, nonprofit therapeutic wilderness 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. (29) “ 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. (30) “ 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. (31) “ 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. (32) “ 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. (33) “ Person ” means an individual, association, corporation, or partnership and the state or any

of its political subdivisions, departments, or agencies. (34) “ 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 care center;  type A family child care

home;  licensed type B family child 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. (35) “ Physical impairment ” 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. (36) “ 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. (37) “ 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. (38) “ 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. (39) “Practice of social work” and “practice of professional counseling” have the same

meanings as in section 4757.01 of the Revised Code . (40) “Private, nonprofit therapeutic wilderness camp” has the same meaning as in section 5103.02 of the Revised Code . (41) “ 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 . (42) “ 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. (43) “Psychiatrist” has the same meaning as in section 5122.01 of the Revised Code . (44) “Psychologist” has the same meaning as in section 4732.01 of the Revised Code . (45) “Resource caregiver” has the same meaning as in section 5103.02 of the Revised Code . (46) “Resource family” has the same meaning as in section 5103.02 of the Revised Code . (47) “ 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. (48) “ Residential care facility ” means an institution, residence, or facility that is licensed by the department

of mental health and addiction services under section 5119.34 of the Revised Code and that provides care for a child. (49) “ Residential facility ” means a home or facility that is licensed by the department of developmental disabilities

under section 5123.19 of the Revised Code and in which a child with a developmental disability resides. (50) “ 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. (51) “ School day ” means the school day established by the board of education of the applicable school

district pursuant to section 3313.481 of the Revised Code . (52) “School year” has the same meaning as in section 3313.62 of the Revised Code . (53) “ 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. (54) “Sexual activity” has the same meaning as in section 2907.01 of the Revised Code . (55) “ Shelter ” means the temporary care of children in physically unrestricted facilities pending

court adjudication or disposition. (56) “Shelter for victims of domestic violence” has the same meaning as in section 3113.33 of the Revised Code . (57) “ 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. (58) “ Traditional response ” means a public children services agency's response to a report of child abuse or

neglect that encourages engagement of the family in a comprehensive evaluation of

the child's current and future safety needs and a fact-finding process to determine

whether child abuse or neglect occurred and the circumstances surrounding the alleged

harm or risk of harm. (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.