Ohio Code 5153.171 – Request for information concerning deceased child whose death may have been caused by abuse, neglect, or other criminal conduct
(A) On receipt by a public children services agency of a request for the release of information about a child under eighteen years of age who was a resident of the county served by the agency at the time of death and whose death may have been caused by abuse, neglect, or other criminal conduct, the director of the agency immediately shall confer with the prosecuting attorney of that county. After the executive director confers with the prosecuting attorney, the following apply:
Terms Used In Ohio Code 5153.171
- Child: means any person under eighteen years of age or a person with a mental or physical disability, as defined by rule adopted by the director of job and family services, under twenty-one years of age. See Ohio Code 5153.01
- Executive director: means the person charged with the responsibility of administering the powers and duties of a public children services agency appointed pursuant to section 5153. See Ohio Code 5153.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Property: means real and personal property. See Ohio Code 1.59
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- public children services agency: means an entity specified in section 5153. See Ohio Code 5153.01
(1) If the prosecuting attorney intends to prosecute a person for causing the child’s death, the prosecuting attorney shall determine the information described in division (A) of section 5153.172 of the Revised Code that may be released, if any, and notify the director of the intent to prosecute and the determination of what information may be released. Except as provided in section 5153.173 of the Revised Code, on receipt of the notice, the director shall release the information the prosecutor determines may be released and no other information.
(2) If the prosecuting attorney does not intend to prosecute a person for causing the death of the child, the prosecuting attorney shall notify the director that no prosecution is intended. Except as provided in section 5153.173 of the Revised Code, on receipt of the notice, the director shall release the information described in division (A) of section 5153.172 of the Revised Code.
(B) A public children services agency director who releases information in accordance with this section in good faith shall not be subject to civil or criminal liability for injury, death, or loss to person or property incurred or imposed as a result of provision of the information.