Ohio Code 2151.3525 – Immunity of parent and of person or entity taking possession of deserted child
(A) A parent does not commit a criminal offense under the laws of this state and shall not be subject to criminal prosecution in this state for the act of voluntarily delivering a child under section 2151.3516 of the Revised Code.
Terms Used In Ohio Code 2151.3525
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- 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. See Ohio Code 2151.011
- Commit: means to vest custody as ordered by the court. See Ohio Code 2151.011
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Person: means an individual, association, corporation, or partnership and the state or any of its political subdivisions, departments, or agencies. See Ohio Code 2151.011
- state: means the state of Ohio. See Ohio Code 1.59
- 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. See Ohio Code 2151.011
(B) A person who delivers or attempts to deliver a child who has suffered any physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of the child is not immune from civil or criminal liability for abuse or neglect.
(C) A person or entity that takes possession of a child pursuant to section 2151.3517 of the Revised Code or takes emergency temporary custody of and provides temporary emergency care for a child pursuant to section 2151.3519 of the Revised Code is immune from any civil liability that might otherwise be incurred or imposed as a result of these actions, unless the person or entity has acted in bad faith or with malicious purpose. The immunity provided by this division does not apply if the person or entity has immunity from civil liability under section 9.86, 2744.02, or 2744.03 of the Revised Code for the action in question.
(D) A person or entity that takes possession of a child pursuant to section 2151.3517 of the Revised Code or takes emergency temporary custody of and provides temporary emergency care for a child pursuant to section 2151.3519 of the Revised Code is immune from any criminal liability that might otherwise be incurred or imposed as a result of these actions, unless the person or entity has acted in bad faith or with malicious purpose.
(E) Divisions (C) and (D) of this section do not create a new cause of action or substantive legal right against a person or entity, and do not affect any immunities from civil liability or defenses established by another section of the Revised Code or available at common law, to which a person or governmental entity may be entitled under circumstances not covered by this section.