Officer Richard Neil retired 3 5 Child Abuse

Officer Richard Neil (retired) 3 -5 Child Abuse & Neglect

O. R. C. 2151. 031 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;

Test Five-0 Style

2151. 421 Ohio’s Mandatory Reporter Law • • Police • Doctors • Lawyers Psychiatrists Nurses School employees Social Workers Pastors NOT Parents NOT Grandparents

2151. 421 Mandatory Reporter - No person described in this section who is acting in an official or professional capacity and knows, or has reasonable cause to suspect based on facts… that a child under eighteen years of age … has suffered or faces a threat of suffering any physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of the child shall fail to immediately report that knowledge to the public children services agency or a municipal or county peace officer in the county in which the child resides.

More than 1, 500 American children will die at the hands of their parents/guardians this year. 4 children die every day in this country from child abuse and neglect. 80% of violent juvenile and adult prisoners were raised in violent homes. (Not spanked; violent) Survivors of abuse are 6 times more likely to become abusive parents.

1 in 4 girls, and 1 in 6 boys will be sexually abused before the age 18. Abused children are 25 times more likely to repeat a grade. 75% of high school dropouts have a history of abuse in their families. 45% of abused children become adult alcoholics.

Myth: Only bad people abuse. Good people don’t. • Not all abusers are bad and want to harm their children. Some have been victims of abuse themselves, and grew up not knowing any other way. Others struggle with mental health problems, alcohol and drug addiction and other personal problems.

Myth: Many children do not know their abusers • Although some children are abused by complete strangers, many actually know their abusers and trust them. Abusers are most commonly family members, or someone who is close to the family and the child.

Myth: Child abuse doesn’t happen in “good” families and wealthy households. • Child abuse can happen in any household, regardless of ethnic background, culture, religion or economic status. Sometimes, a family that seems to have it all can hide a different story behind closed doors

Myth: Abused children will definitely grow up to be abusers • Some survivors of child abuse may unconsciously repeat the violent or abusive treatment that they experienced as a child. However, many have a strong motivation to protect their own children from experiencing what they had suffered and, instead, become wonderful parents.

Myth: A child is responsible for the abuse that he/she suffers • A child is never responsible for the abuse he/she suffers. The responsibility for abuse lies solely with the offender. In the case of sexual abuse, offenders often try to shift the blame for their actions by accusing the child of being promiscuous or seductive, especially if it involves a teenager.

Myth: Children lie about being sexually abused • It is extremely rare for children to lie about being sexually abused. In reality, children may not want to disclose sexual abuse because they are embarrassed, afraid or uncomfortable.

Ohio Statistics Ohio’s rate of child abuse and neglect ranked 11 th in the nation Every year 100, 000 reported cases of child abuse and neglect in Ohio 50, 140 of these children were determined to be victims of abuse and neglect. Over a 4 year period, Ohio has seen the number of child abuse and neglect double from 24, 998 in 1998 to 50, 140 in 2002.

Test Five-0 Style

CHILD in Tow

ENDANGERING CHILDREN 2919. 22 • Division (A) 1. Parent, guardian, custodian, person having custody or control or person in loco parentis 2. If a child under 18 years of age OR a mentally or physically handicapped child under 21 years of age 3. Create a substantial risk to the health or safety of the child 4. By violation of a duty of care, protection or support

ENDANGERING CHILDREN 2919. 22 • Division (B)—Do any of the following to a child under 18 years OR a mentally or physically handicapped child under 21 years of age: 1. Abuse the child OR… 2. Torture or cruelly abuse the child OR…

ENDANGERING CHILDREN 2919. 22 3. Administer corporal punishment or other physical disciplinary measure of physically restrain the child in a cruel manner OR for a prolonged period WHICH punishment, discipline or restraint is excessive under the circumstances AND creates a substantial risk of serious physical harm to the child OR…

ENDANGERING CHILDREN 2919. 22 4. Repeatedly administer unwarranted disciplinary measures to the child WHEN there is substantial risk that such conduct, if continued, will seriously impair or retard the child’s mental health or development OR…

THREE BROAD TYPES OF CHILD ABUSE: • PHYSICAL ABUSE • EMOTIONAL ABUSE*** • SEXUAL ABUSE

GENERAL CLINICAL SIGNS OF PHYSICAL ABUSE OF CHILDREN UNEXPLAINED DAMAGE TO THE SKIN AND SURFACE TISSUES SUCH AS BRUISES, WELTS, BURNS, ABRASIONS, LACERATIONS OR SWELLING

GENERAL CLINICAL SIGNS OF PHYSICAL ABUSE OF CHILDREN DAMAGE TO THE BRAIN, AS EVIDENCED BY CONVULSIONS, ALTERED MENTAL STATES, RETARDATION OF DEVELOPMENTAL PROGRESS, CHANGE IN RATE OF HEAD GROWTH, UNEXPLAINED FRACTURES

GENERAL CLINICAL SIGNS OF PHYSICAL ABUSE OF CHILDREN UNEXPLAINED DAMAGE TO INTERNAL ORGANS AS SUGGESTED BY SHOCK, STOMACH PAIN OR ORGANS DISTENDED OR BLEEDING

PHYSICAL ABUSE EXAMPLES • HITTING • BURNING • BITING • CUTTING • POKING/PINCHING • TWISTING OF LIMBS OR OTHER TORTURE TYPES

TYPES OF BRUISES • • WHIPPING HEAD INJURIES WHIPLASH PUMMELING

Test Five-0 Style

ENDANGERING CHILDREN 2919. 22 • Division (C) 1. Operate a vehicle, streetcar, trackless trolley 2. In Ohio 3. In violation of Section 4511. 19 4. If child under 18 is passenger • Degree of Offense: M-1 • Aggravating circumstances can enhance the penalty to F-4, F-3 or F-2

ENDANGERING CHILDREN 2919. 22 • It is NOT a violation of a duty of care, protection or support WHEN: • The parent, guardian, custodian or person having custody or control of a child • Treats the physical or mental illness or defect of the child by spiritual means through prayer alone • In accordance with the tenets of a recognized religious body

ENDANGERING CHILDREN 2919. 22 • This section is aimed at child neglect and abuse cases which pose a serious risk to the mental or physical health or safety of the victim • The mental state is RECKLESSLY • The second part of the statute deals with actual, physical abuse of a child, whether by physical cruelty or by improper discipline or restraint—it does not matter who commits the offense

ENDANGERING CHILDREN 2919. 22 • Examples: Locking a child in a room which leads to arrested development or malnutrition • Chaining a child to a bed

ENDANGERING CHILDREN 2919. 22 • Spanking a child is NOT a crime in Ohio unless it causes serious physical or emotional harm. • Reducing a child to a state of frightened withdrawal to the point where the child is incapable of normal learning because of repeated punishment inflicted with little or no cause

STATE THE 8 BEHAVIORS THAT MAY BE SEEN IN EMOTIONALLY ABUSED CHILDREN 1. 2. 3. 4. 5. 6. 7. 8. CHILD DISPLAYS CONDUCT DISORDERS CHILD DISPLAYS HABIT DISORDERS UNWITTING REMARKS ABOUT BAD BEHAVIOR CHILD DISPLAYS PSYCHONEUROTIC DISORDERS DISPLAYS BEHAVIOR EXTREMES DISPLAYS OVERLY ADAPTIVE BEHAVIOR ATTEMPTS SUICIDE LAGS BEHIND PEERS IN EMOTIONAL DEVELOPMENT

LOCATION AND CHARACTERISTICS OF BURNS MAY INDICATE ABUSE BRANDING ZEBRA BURNS SPLASH BURNS JACKKNIFE BURNS DOUGHNUT BURNS GLOVE OR SOCK BURNS • POINTED BURNS • CIGARETTE BURNS • ROPE BURNS • • •

DIFFERENCES IN COLORATION INDICATE • VARIOUS STAGES OF HEALING • THAT THE INJURIES WERE SUSTAINED AT DIFFERENT TIMES

2901. 13 Statute of Limitations • Describes the statute of limitations that reasonably indicates abuse or neglect of a child under 18 years of age or impaired under the age of 21 shall not begin to run until • The victim reaches the age of majority (18) • Upon notification to the agency – 2 years misdemeanors – violation of 2901. 13(A)(1)(b) – 6 years felonies – violation of 2901. 13(A)(1)(a) – 20 years – violation of 2901. 13(A)(3)(a)

Test Five-0 Style

CHARACTERISTICS THAT MAY BE SEEN IN A SEXUALLY ABUSED CHILD • CHILD REPORTS SEXUAL ABUSE • CHILD SHOWS EARLY AND/OR EXAGGERATED AWARENESS OF SEX • TEARING, BRUISING OR SPECIFIC INFLAMMATION OF MOUTH, ANUS OR GENITALS • EVIDENCE OF SEMEN ORAL, RECTAL OR VAGINAL • PREGNANT CHILD WHO IS EXTREMELY FEARFUL, DISTRESSED OR SECRETIVE

CHARACTERISTICS THAT MAY BE SEEN IN A SEXUALLY ABUSED CHILD • BEHAVIORAL PROBLEMS IN SCHOOL OR COMMUNITY • KNOWN VICTIM OF OTHER TYPES OF ABUSE • CHILD HAS DIFFICULTY WALKING OR SITTING • EVIDENCE OF TORN, STAINED OR BLOODY UNDERCLOTHING • CHILD COMPLAINS OF ITCHING OR PAIN IN GENITAL AREA • EVIDENCE OF VENEREAL DISEASE

CHARACTERISTICS THAT MAY BE SEEN IN A SEXUALLY ABUSED CHILD • CHILD APPEARS WITHDRAWN; ENGAGES IN FANTASY OR INFANTILE BEHAVIOR • POOR PEER RELATIONSHIPS • UNWILLING TO CHANGE FOR GYM OR PARTICIPATE IN PHYSICAL ACTIVITIES • DELINQUENCY • BIZARRE, SOPHISTICATED OR UNUSUAL KNOWLEDGE OF SEX

Jigsaw Squads Understanding Child Molester Types & Keys to a Confession

Jigsaw Squads • Each member in a study group must take good notes. They will be responsible for their part in a Jigsaw Squad. You can only use a pocket notebook. • Choose the information you think is valuable and relevant. Don’t try to copy everything down. • There will be a test for each group.

ARE YOU SMARTER THAN A ROOKIE

Themes for Interrogation • What were some of themes, including amnesty, that were significant contributions to their decision to confess? • What were some of the reasons molesters indicated causing them not to confess? • What theme would you use with the suspects in the following video?

Confessions of a Predator

Child Sexual Abuse Accommodation Syndrome • Secrecy – There are usually no witnesses – Usually a combination of direct threats, guilt and shame that requires kids to keep the secret • Helplessness – The child simply has no one to turn to for help – Emotional ties with the suspect • Recantation are common place

What is your primary responsibility? • Take the report seriously • Do not have prejudice toward offender or the victim; Remain objective • Be reasonable • BE COMPASSIONATE • Be non-judgmental

THE INVESTIGATION • • • Recognize IT IS TRAUMATIC Interview the victim first Then the non offending parent* Siblings Grandparents Other witnesses, caretakers Then the offender Collect Evidence along the way Follow UP!

Barriers to the investigation • Officer’s lack of knowledge • Child may have confided in friends and family – but won’t confide in you • Child may have been sworn to secrecy • Mistrust of Police • Fear of harm TO the offender • Officer’s failure to believe that the crime occurred (Status & profession of accused) • Overworked and burned out officer

Female Perpetrators

The Non Offending Parent Questions about the victim should include: • What, if anything, did the child say about the abuse, and does he or she talk about it? • Has the child demonstrated or behaved differently recently or immediately after an alleged abuse incident? • What was the suspect’s reaction when told of the allegation? • Did the suspect have any comments?

The Interview of the Victim § Allow the child to be free to talk § Allow the child to be graphic and animated § Don’t use props until after your first interview with the victim. § Let them describe to you what happened in their own words.

THEIR “OWN” WORDS – “Uncle Bill would stand next to the bed and rub his penis until white came out. It went on my rug” – “Daddy used a green towel to wipe of the yucky” – “Grandpa got my pajamas wet” – “Sometimes it would be wet on my legs, so I used my shirt to wipe it off” – “He tried to put a stick in my thing” – “Once he tore my underwear off”

The interview of the victim • Do NOT lead the child with questions • Ask specific questions – How and where was the child touched? – Did the child touch the suspect? – If there were any threats or promises made? – If there were others there (victims or offenders)? – Where the abuse occurred? – When it occurred? – Never just ask “did he hurt you? ” It may not have hurt. Abuse may tickle or feel good to a child.

CHARACTERISTICS THAT MAY BE SEEN IN SEXUALLY ABUSIVE PARENTS LOW SELF-ESTEEM UNFULFILLED EMOTIONAL NEEDS INADEQUATE COPING SKILLS EXPERIENCED LOSS OF SPOUSE THROUGH DEATH OR DIVORCE • MAY BE EXPERIENCING OVERCROWDING IN THE HOME • MARITAL PROBLEMS • •

CHARACTERISTICS THAT MAY BE SEEN IN SEXUALLY ABUSIVE PARENTS • ABUSE OF ALCOHOL AND/OR OTHER DRUGS • LACK OF SOCIAL AND EMOTIONAL CONTACTS OUTSIDE THE FAMILY • GEOGRAPHICALLY ISOLATED • DIFFERING CULTURAL STANDARDS

ABUSE vs. Discipline The most recent Appellate Court ruling involving this issue occurred on July 18, 2003. The First District Court of Appeals in Hamilton County ruled on another case where a father was arrested and convicted under the Domestic Violence statute for striking his teenage daughter and threatening to "beat the s**t out of her. ”

ABUSE vs. Discipline “Courts should be slow to intervene between parent and child. The criminal court is not the place to resolve petty issues of discipline. The domestic violence laws are meant to protect against abuse, not to punish parental discipline” As to the threat to "beat the s**t" out of his childwhich he obviously did not do- we surmise that it was rhetorical only. Should we jail every parent for such a threat? Were these words made criminal, who would be free?

ABUSE vs. Discipline The Ohio Supreme Court has held that nothing in the domestic-violence statute prevents a parent from properly disciplining his or her child. A child does not have any legally protected interest that is invaded by proper and reasonable parental discipline. Thus, as any corporal punishment necessarily involves some physical harm, the harm required to constitute domestic violence must be greater than that here.

ABUSE vs. Discipline The courts usually look at several factors for determining whether corporal punishment is proper and reasonable: the child’s age, the child’s behavior, the child’s response to non-corporal punishment, and the location and severity of the punishment

ABUSE vs. Discipline State v. Hart, 110 Ohio 3 d 250 (Defiance 1996). In one case, the court determined that the mother’s act of using a wooden spoon to spank her child, resulting in a one-inch bruise, did NOT by itself constitute abuse because the child appeared happy and unaffected and the mother displayed a calm demeanor at the time of the spankings

Test Five-0 Style

Officer Richard Neil (retired) www. Officer. Neil. com

YOU SHOULD SUSPECT CHILD ABUSE WHEN • YOU ARE AWARE OF A HISTORY OF PREVIOUS OR RECURRENT INJURIES • THERE IS ANY UNEXPLAINED INJURY • THERE IS EVIDENCE OF POOR SUPERVISION OR CARE OF THE CHILD*** • VERBAL THREATS ARE MADE AGAINST THE CHILD’S LIFE BY PARENT OR OTHER CARETAKER

YOU SHOULD SUSPECT CHILD ABUSE WHEN • WHEN A CHILD TELLS SOMEONE AN INJURY IS THE RESULT OF ABUSE • HOW A CHILD ACTS IN THE PRESENCE OF OTHER ADULTS • EXHIBITS EXTREME BEHAVIOR SIGNS • IS AFRAID OF PARENTS

What is your primary responsibility? • To protect the child and to Prevent further immediate violence • Make the scene safe and secure • Obtain information – validation of allegation • Be able to determine what is real - what is not • Be able to understand the developmental stages of children and be able to communicate at that level

The Room Setting • The room should be free from interference • It should make it easier for the child to be able to speak freely • It should be a “soft” room • NEVER use the room, where the child was abused!

Themes for successful Interrogations Blaine D. Mc. Ilwaine, M. S. , FBI SA • Acted out of love • Was under a great deal of stress (divorce, unemployment, loneliness), which caused the act • Was not in a “real” state of mind at the time of offense because of the influence of drugs, alcohol, or a combination of factors • The child seduced offender

Themes for successful Interrogations Blaine D. Mc. Ilwaine, M. S. , FBI SA An interrogator may suggest that the offender: • Seduced the child in a moment of weakness • Blame the spouse for neglecting sexual role in the relationship • Was teaching the child about life, love and affection • Believed such encounters occurred regularly in families

Themes for successful Interrogations Blaine D. Mc. Ilwaine, M. S. , FBI SA • Read and collected pornography, which caused the offender to lose control and to commit the crime • Was predisposed to commit the crime because the offender was victimized as a child. (In reality, evidence suggests that the majority of individuals who were sexually molested as children lead productive lives and do not become child molesters. )

FBI’s Molester Typologies – Blaine D. Mc. Ilwaine, M. S. , FBI SA • Situational Child Molesters – Do not have a true sexual preference for children – A common situation would be a suddenly frustrated relative • Preferential Child Molesters – Have a definite sexual preference – Have a highly predictable sexual behavior based on history and personal desires

Importance of documentation • Criminal Investigation of any child abuse case must be thorough, properly evidenced and properly documented. • In order to obtain conviction.

• • • Types of Evidence of violence Stain evidence Minute and latent evidence Souvenirs Lures, and Sexual aids ETC. Child erotica Child pornography Adult pornography Cameras and processing equipment Computers

OHIO’s CHILD HEARSAY RULE • State of Ohio v. Arnold, June 17, 2010 • A child’s statements from investigatory or forensic questioning is inadmissible in court. • The defense has a right to cross examine the witness/victim. • A child’s statements from medical/theraputic questioning is admissible in court. • The Arnold case contained both types of questioning in one forensic interview; that was conducted by a licensed social worker.

Ohio Statistics Approximately 2, 006 of the 50, 140 Ohio victims of abuse and neglect will grow up to become violent criminals, who would never have become so if not for the maltreatment they endured as children.

ENDANGERING CHILDREN 2919. 22 5. Entice, coerce, permit, encourage, compel, hire, employ, use or allow the child to act, model, or in any other way participate in OR be photographed for the production, presentation, dissemination or advertisement of any material or performance that he knows or reasonably should know is obscene, sexually oriented matter or is nudity oriented matter OR…

ENDANGERING CHILDREN 2919. 22 6. Allow a child to be on the same parcel of real property and within one hundred feet of, or in the case of more than one housing unit on the same parcel of real property, in the same housing unit and within one hundred feet of any act in violation of ORC 2925. 04 or 2929. 041 when the person knows that the act is occurring, whether or not any person is prosecuted for or convicted of the violation(s)

How many “stereotypical” stranger abductions occur each year in the U. S. ?

Child Homicide • The murder of an abducted child, particularly by a stranger, is a rare event • Victims are typically “average” children, leading normal lives, and growing up in normal families • Majority of them are girls, with the average between 11 and 12 • In most cases, the initial contact between the victim and killer is within. 25 mile of the victim’s residence

Child Homicide • Typically reported to a law enforcement agency as a “missing child” • Often there is no initial indication of foul play • Any report to the police of a missing child should be taken seriously • There is typically over a two-hour delay in making the initial missing child report • The vast majority of the abducted children who are murdered are dead within three hours of the abduction

Child Homicide • Over half of the child abduction murders are committed by a killer who is a total stranger to the victim • The youngest females, 1 to 5 years old, tend to be killed by family friends or acquaintances • Females 16 to 17 years old, tend to be killed by strangers • Both the youngest and oldest male victims are likely to be killed by strangers

Child Killers • The average of killers of abducted children is around 27 years old • Predominantly unmarried, and half of them either live alone or with their parents • Half of them are unemployed, and those that are employed work in unskilled or semi-skilled labor occupations • The killers can generally be characterized as “social marginals”

Child Killers • Almost 2/3 rds of the killers have prior arrests for violent crimes • Slightly more than half of those prior crimes committed against children • The most frequent prior crimes against children are rape and other types of sexual assault • Most of the murderers’ prior crimes are similar in MO to the child abduction murder

Child Killers • Commonly, the killers are at the initial victimkiller contact site for a legitimate reason • They either live in the area or were engaging in some normal activity • Most of the victims of child abduction murder are victims of opportunity • Seldom does the killer choose his victim because of some physical characteristic • The primary motivation for the child abduction killer is sexual assault

Child Killers • Often, the initial contact site is located very close to the victim’s last known location • Conversely, the distance between the Initial Contact Site and the Murder Site increases to distances greater than one-fourth mile • The distance from the Murder Site to the Body Recovery Site again decreases to less than 199 feet in the vast majority of cases

Child Killers • If the Initial Contact Site is not identified by the police, the clearance rate drops drastically, and vice versa • The close proximity between the Initial Contact Site and the Victim’s Last Seen Site suggests thorough neighborhood canvass and area searches be completed to locate the initial contact site

Child Killers • In 36% of the cases, the point last seen is within. 25 miles of the abductors residence. • Typical dump locations include turn-outs, culverts, and sides of bridges. Remote roads with little traffic have a high probability. The victim is usually found not far from the road. • Dumps and dump sites also have a higher probability. • Discarded evidence is found along the roadside within 1 mile of the body (56%)

Child Killers • It was discovered that once the murder investigation has begun, the name of the killer is likely to be in the investigative file within the first week • Investigators who may have run out of viable leads need to regroup and review everyone whose name has been uncovered during the investigation

Child Killers • Also, while at times the media seem to “get in the way, ” in the end they are much more likely to have a positive effect on the investigation than a negative one • The media are more likely to bring witnesses forward than to aid the killer in his escape

Team Adam Cases as of 12/01/2008 • Deployments 340 • Missing Children 383 • Recoveries 362 • Recovered Deceased 95 • Still Missing 20 • Suspects Arrested 187

Jessica Lunsford Kidnapped from her home by John Couey Sexually Assaulted Bound and placed in trash bags Buried alive and suffocated to death • Found 3 weeks later • •

Therapeutic and Forensic Interviewing -David C. Raskin, Ph. D. and Phillip W. Esplin • Therapeutic • Forensic • Assumes child is telling the truth • The interviewer is an advocate • Subjective reality is accepted • The general idea of abuse is enough • The way information is obtained is not important • Is fact finding procedure • Interviewer has a neutral stance • Alternative explanations are explored • Details are imperative • The way information is obtained is strictly governed.

Sample Chat Child Predator • I hate my mom! I know it’s her fault that my parents are getting divorced • We never have any money anymore either! Everytime I need something she says the same thing. We can’t afford it. • I know. My parents are getting divorced too. • Me too. I hate that!

Sample Chat Child Predator • I waited for six months for the new computer game to come out. My mom promised to buy it for me when it came out. She promised! Now it’s out. Can I buy it? Nope. We don’t have enough money! I hate my mom! • Oh! I’m so sorry! I got it! I have this really kewl uncle who buys me things all the time. He’s really rich.

Sample Chat Child Predator • You’re so lucky. I wish I had a rich and kewl uncle. • Really!? Thanks!! • Hey! I got an idea! I’ll ask my uncle if he’ll buy you one too… I told you he’s really kewl. I bet he’d say yes. • BRB…. I’ll go call him.

Sample Chat Child Predator • Really? Wow! Thanks. I can’t believe it! • New Jersey. What about you? • Great! • Guess what! He said okay. He’s going to buy you the game! • Where do you live? • I live in New York. So does my uncle. New Jersey isn’t far.

Sample Chat Child Predator • O. K. I live near the GSP Mall. • Kewl! • O. K. Where? • Is there a mall near you? We can meet there. • I’ve heard of that. No prob. What about Saturday? • We can go to Mc. Donalds if you want. We’ll meet you there at noon

Sample Chat Child Predator • Great…. Thanks, I really appreciate it. You’re so lucky to have a rich and kewl uncle. • In front of the computer store. Oh! My uncle’s name is George. He’s really kewl!

O. R. C. 2151. 031 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;

O. R. C. 2151. 031 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;

O. R. C. 2151. 031 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 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

O. R. C. 2151. 031 • 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; or • Is subjected to out-of-home care child abuse.