Immunity for Persons Who Report Child Abuse and Neglect - Ohio

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Immunity for Making Reports

Citation: Rev. Code § 2151.421(H)

Any person, health-care professional, hospital, institution, school, health department, or agency shall be immune from any civil or criminal liability for injury, death, or loss to person or property that otherwise might be incurred or imposed because of participating in making reports of suspected child abuse or neglect that are made in good faith.

Additional Provisions of Immunity

Citation: Rev. Code § 2151.421(H)

Any person, health-care professional, hospital, institution, school, health department, or agency shall be immune from any civil or criminal liability for injury, death, or loss to person or property that otherwise might be incurred or imposed because of any of the following:

  • Participating in medical examinations, tests, or procedures, including the following:
    • Taking color photographs of areas of trauma visible on a child, if medically necessary for the purpose of diagnosing or treating injuries that are suspected to have occurred because of child abuse or child neglect
    • Performing radiological examinations and any other medical examinations on the child that are medically necessary for diagnosing or treating injuries that are suspected to have occurred because of child abuse or child neglect
  • Providing information used in a report made pursuant this section
  • Participating in a judicial proceeding resulting from a report made pursuant to this section

Limitations to Immunity

Citation: Rev. Code § 2151.421(H)

Immunity under this section shall not apply when a health-care provider has deviated from the standard of care applicable to the provider's profession.

In any civil or criminal action or proceeding in which it is alleged and proved that participation in the making of a report or participation in a judicial proceeding resulting from a report was not in good faith, the court shall award the prevailing party reasonable attorney's fees and costs and, if a civil action or proceeding is voluntarily dismissed, may award reasonable attorney's fees and costs to the party against whom the civil action or proceeding is brought.