Ohio

How does state law define child abuse and neglect for reporting purposes?

• Mandated reporters must report abuse or neglect as defined by Ohio statutes 2151.031 and 2151.03 and legal guidance interpreting the statutes.
  • "Abused child" includes any child who:
    • Is the victim of "sexual activity" as defined under Chapter 2907. of the Revised Code, where such activity would constitute an offense under that chapter, 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 section 2919.22 of the Revised Code, 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 other than by accidental means, or an injury or death which is at variance with the history given of it. Except as provided in division (D) of this section, 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 division if the measure is not prohibited under section 2919.22 of the Revised Code.
    • 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.
  • "Neglected child" includes any child:
    • Who is abandoned by the child's parents, guardian, or custodian;
    • Who lacks adequate 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, 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 sections 5103.16 and 5103.17 of the Revised Code;
    • 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.

Are child molestation, sexual abuse, rape, statutory rape, incest, intimate partner violence, sexual exploitation and/or trafficking of a minor reportable as child abuse or neglect and if so, how are they defined and what is reportable?

For the most current definitions of these terms, refer to the Ohio Revised Code at the LAWriter® Ohio Laws and Rules website.