Ohio

ORC § 2151.421 — Ohio mandatory-reporting statute

Clergy named as mandatory reporter?: Yes
Confessional exemption?: Yes

Statute: ORC § 2151.421
Clergy named: Expressly
Pending: 2 (HB 346)

Ohio names clergy as mandated reporters at ORC § 2151.421(A)(4)(a), but only for abuse the cleric also believes was caused by another cleric or by a non-volunteer leader the church itself designated. Abuse by a parent, a teacher, a coach, or anyone else outside the faith community triggers no clergy reporting duty at all, and clerics cannot fall back on the general duty because the (A)(1)(b) reporter list expressly excludes them. So the mandate is intra-faith before the privilege layers are even reached. Those layers then narrow it further, in three nested steps. Subsection (A)(4)(b) preserves the cleric-penitent privilege from ORC § 2317.02(C). Subsection (A)(4)(c) appears to close that privilege when the penitent is a child, a real waiver with a real reporting duty attached. Then subsection (A)(4)(d) re-opens the door: even the child-penitent waiver does not apply when the communication falls within the 'sacred trust', a communication made directly to the cleric in a context the church's own canon law or doctrine treats as strictly inviolate. The statute also includes an atypical penalty escalation at ORC § 2151.99, a first-degree misdemeanor when a clergy reporter knowingly fails to report abuse by a cleric of the same faith. The 136th General Assembly has two bills in motion (HB 346, HB 371), but neither touches the sacred-trust carveout itself. Closing the loophole inside the loophole is the next step UCO is pushing for in Ohio.

Section 01What needs to change

What needs to change in Ohio.

The current statute leaves a gap between what the law requires on paper and what survivor-protection demands in practice:

Ohio's gap is built into the law's design, not left out by accident. The statute names clergy, but only for abuse they believe was committed by another cleric or a church leader. Abuse by anyone outside the faith community carries no clergy reporting duty. On top of that narrow duty the law preserves the clergy-penitent privilege, adds a child-abuse exception that looks like the fix, then carves the confessional back out of that exception under a 'sacred trust' label whose outer edge the church's own doctrine sets. The result is a duty that is narrow to begin with and that the religious institution can switch off. The state needs to widen the duty to abuse by anyone and remove the carveout.

Clergy expressly named at ORC § 2151.421(A)(4)(a)
Subsection (A)(4)(a) names a 'cleric', and any non-volunteer church, religious-society, or faith leader, official, or delegate acting in an official or professional capacity, as a mandated reporter. The duty carries a second, conjunctive knowledge element: it attaches only when the cleric also knows, or has reasonable cause to believe, that the person who caused or threatens the abuse is another cleric or another non-volunteer person a church, religious society, or faith designated as a leader, official, or delegate. Clerics cannot fall back on the general duty, because the (A)(1)(b) enumerated list reaches a 'person, other than a cleric, rendering spiritual treatment through prayer.' The clergy mandate in Ohio is therefore limited to intra-faith abuse. The cleric category is the only one in the statute with its own subsection-level reporting framework (A)(4)(a)-(e). 'Cleric' itself is defined by cross-reference to **ORC § 2317.02(C)**, which covers clergy members, rabbis, priests, Christian Science practitioners, and regularly ordained, accredited, or licensed ministers of an established and legally cognizable religious body.
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Three-layer privilege architecture at (A)(4)(b)-(d)
Subsection (A)(4)(b) preserves nonreporting for communications received in a cleric-penitent relationship where ORC § 2317.02(C) would bar testimony. Subsection (A)(4)(c) deems that privilege waived, compelling a report, when the penitent is a child under 18 (or a person under 21 with a developmental disability or physical impairment), the cleric has reasonable cause to believe the penitent has suffered or faces abuse or neglect, and the communication does not concern a parental-notification abortion under ORC § 2151.85. Subsection (A)(4)(d) then re-exempts any communication that would 'violate the sacred trust,' defined by ORC § 2317.02 as a confession or confidential communication made to a cleric in the cleric's ecclesiastical capacity 'in the course of discipline enjoined by the church' where both of two conditions apply: the communication was made directly to the cleric, and it was made in a manner and context that places the cleric 'specifically and strictly under a level of confidentiality that is considered inviolate by canon law or church doctrine.' The waiver is real; the re-exception above it is also real.
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The religious body's own doctrine sets the outer edge of the 'sacred trust'
The sacred-trust definition does impose limits. Both of two conditions must be met: the communication must be made directly to the cleric, and it must be made in a manner and context placing the cleric 'specifically and strictly' under a level of confidentiality 'considered inviolate by canon law or church doctrine.' The second condition is where the problem sits. It hands the inviolability standard to the religious body's own canon law or doctrine, so the church's rules, not Ohio's, fix the outer edge of the carveout. A religious body that treats a particular sacramental rite or counseling format as strictly inviolate can fold those exchanges into (A)(4)(d) and out of the reporting duty. The (A)(4)(c) child-penitent waiver, which on a first read looks like the closure, is subordinate to what the religious body's own doctrine recognizes as inviolate.
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ORC § 2151.99 — elevated penalty when reporter and abuser share the same faith
Failure to report under ORC § 2151.421 is generally a fourth-degree misdemeanor. ORC § 2151.99 elevates that to a **first-degree misdemeanor** when a clergy reporter under (A)(4) knowingly fails to report abuse by a cleric or designated non-volunteer leader, and both the reporter and the abuser belong to the same church, religious society, or faith. The provision specifically targets intra-faith concealment: Ohio elevates the penalty when a clergy reporter knows the abuser is also clergy in the same religious body. The escalation operates only outside the privilege; communications that fall within (A)(4)(b)-(d) never reach the penalty in the first place.
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AG Opinion 2001-035 limits the duty to disclosures about current children
Ohio Attorney General Opinion 2001-035 concludes that ORC § 2151.421(A) does not require a professional counselor or social worker licensed under R.C. Chapter 4757 to report when the individual disclosing the abuse is no longer a child. The opinion frames the statute as aimed at the protection of children currently at risk, anchored by the 24-hour PCSA investigation structure. Its reasoning is generally applicable, but the syllabus and conclusion address only those two professions and the opinion does not mention clerics, who report under (A)(4) rather than (A)(1). The opinion narrows whose disclosure triggers the duty; it does not narrow the sacred-trust carveout.
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Section 02What's needed

What it takes to close the gap.

From Ohio's law as it stands today to the standard UCO is working toward, every adult who learns a child is being harmed has to report it:

ORC § 2151.421(A)(4) names clergy as mandated reporters, but only for abuse the cleric believes was caused by another cleric or church-designated leader, and (A)(1)(b) expressly excludes clerics from the general reporter list. It then preserves the cleric-penitent privilege, writes a child-penitent waiver that looks like the fix, and in (A)(4)(d) carves the waiver back out for any communication within the 'sacred trust.' ORC § 2317.02 defines that term with two conditions that must both be met: the communication was made directly to the cleric, and it was made in a manner and context placing the cleric 'specifically and strictly' under a level of confidentiality 'considered inviolate by canon law or church doctrine.' That second condition hands the standard to the religious body's own doctrine, so the institution sets the outer edge of the carveout. Two bills are moving, but neither reaches the clergy carveout: HB 346 concerns dual-reporting channels and HB 371 would add elected officials to the mandated-reporter list. Repealing (A)(4)(d) alone is not enough: because (A)(1)(b) excludes clerics from the general reporter list and (A)(4)(a) makes the clergy duty run only to abuse the cleric believes another cleric or church leader committed, a clergy member who hears of abuse by anyone outside the faith community still has no duty to report at all. Ohio needs to do two things: attach clergy to the general reporting duty so it reaches abuse by anyone, and repeal the (A)(4)(d) sacred-trust carveout so the (A)(4)(c) child-penitent waiver cannot be switched off by a religious body's own definitions.

Section 03Pending action

Bills in motion right now.

HB 346passed one chamber
Enact V.J.'s Law: dual reporting to peace officer and PCSA for health care professionals
Amends ORC § 2151.421 and § 2151.99. As introduced, the bill would have required all mandatory reporters, including clergy under (A)(4), to notify both a peace officer AND the public children services agency rather than one or the other. The substitute adopted and passed by the House on June 9, 2026 narrows that requirement to health care professionals under a new (A)(1)(c); clergy under (A)(4)(a) still report to the agency OR a peace officer, so the bill as it now stands does not tighten the clergy reporting channel. The substitute does add a 'knowingly' mens rea to the clergy provision, which narrows clergy liability. It does not amend the (A)(4)(b)-(d) privilege architecture, so the sacred-trust carveout remains intact. Named for a four-and-a-half-month-old Ohio infant who suffered severe abuse that was not adequately reported. Referred to House Judiciary in June 2025; passed by the House June 9, 2026 and now pending in the Senate.
SponsorsRep. Kishman, Rep. Williams, Rep. Angela N. King, Rep. Sharon A. Ray
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HB 371committee
Add elected officials to the mandatory-reporter list
Adds a new standalone division (A)(5) to ORC § 2151.421 making elected officials mandatory reporters regardless of whether they are acting in an official or professional capacity, rather than adding them to the (A)(1)(b) enumerated list. Does not touch the clergy provisions in (A)(4) or the cleric-penitent privilege architecture, but it shows the legislature actively writing new standalone reporter subsections in this statute while leaving (A)(4)(d) untouched. Referred to House Public Safety on September 15, 2025.
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Section 04How you can help

Concrete ways to support reform in Ohio.

Donate

Donate.

Donations fund Ohio-specific research, coalition outreach, and the long work of widening the clergy duty to abuse by anyone and pushing the sacred-trust carveout back.

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Section 05Timeline

How Ohio got here.

2001
AG Opinion 2001-035
Ohio AG opinion concludes that a professional counselor or social worker licensed under R.C. Chapter 4757 has no duty under ORC § 2151.421(A) to report when the person disclosing past childhood abuse is no longer a child. The opinion addresses those two professions only and does not reach clerics.
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2017
ORC § 2151.99 recodified; intra-faith escalation carried forward from 2006
Current penalty structure takes effect: failure to report under (A)(4) is a fourth-degree misdemeanor by default, elevated to a first-degree misdemeanor when reporter and clergy abuser belong to the same religious body. The intra-faith escalation itself is not new here. It appears verbatim in the August 3, 2006 version enacted by SB 137 and SB 17 of the 126th General Assembly; HB 493 of the 131st General Assembly carried it forward in 2017 with only a cross-reference update.
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2025
HB 96 amends ORC § 2151.421 (effective Sept 30, 2025)
Most recent amendment to the principal statute, carried by HB 96 of the 136th General Assembly. Prior recent amendments include HB 33 (eff. Oct 3, 2023 and Jan 1, 2025) and SB 196 (eff. March 20, 2025). The clergy-reporter language and the (A)(4)(b)-(d) privilege architecture have been carried forward through these amendments without substantive change.
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2025-06
HB 346 introduced
Rep. Kishman and Rep. Williams introduce V.J.'s Law, requiring dual reporting to peace officer and PCSA. Introduced June 10, 2025 and referred to House Judiciary on June 11, 2025. Does not amend the privilege carveout.
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2025-09
HB 371 introduced
Bill adding elected officials to the ORC § 2151.421(A) enumerated reporter list is referred to House Public Safety on September 15, 2025. Confirms active legislative attention on the mandatory-reporter statute during the 136th General Assembly.
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Section 06Background

Public-record sources UCO is tracking.

Always verify against the underlying statute or filing before quoting.

Ohio Laws & Administrative Rules (Ohio LSC)· effective September 30, 2025
ORC § 2151.421 — Reporting child abuse or neglect
Principal statute. Subsection (A)(4)(a) names cleric and non-volunteer church-designated leaders as mandated reporters, but only as to abuse believed to have been caused by another cleric or church-designated leader; (A)(1)(b) expressly excludes clerics from the general reporter list. (A)(4)(b) preserves the cleric-penitent privilege from ORC § 2317.02(C); (A)(4)(c) creates the child-penitent waiver; (A)(4)(d) re-carves sacred-trust communications out of even that waiver. Amendment history through HB 96 (eff. Sept 30, 2025) of the 136th General Assembly.
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Ohio Laws & Administrative Rules (Ohio LSC)· effective April 9, 2025
ORC § 2317.02 — Privileged communications
Cross-referenced statute defining 'cleric' and 'sacred trust' for purposes of ORC § 2151.421. Division (C) establishes the cleric-penitent testimonial privilege and defines sacred trust as a confession or confidential communication made in the cleric's ecclesiastical capacity, in the course of discipline enjoined by the church, where both of two conditions apply: the communication was made directly to the cleric, and it was made in a manner and context placing the cleric specifically and strictly under a level of confidentiality considered inviolate by canon law or church doctrine. The operative source for the privilege architecture.
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Ohio Laws & Administrative Rules (Ohio LSC)· effective March 14, 2017
ORC § 2151.99 — Penalty
Sets the default fourth-degree misdemeanor for failure to report under § 2151.421(A)(4) and elevates the offense to a first-degree misdemeanor when reporter and clergy abuser belong to the same church, religious society, or faith. The atypical intra-faith escalation that distinguishes Ohio.
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Ohio General Assembly· introduced 2025-06-10
Bill Status HB 346 (136th General Assembly)
Official bill page for HB 346 ('V.J.'s Law'). Introduced June 10, 2025 and referred to the House Committee on Judiciary June 11, 2025. Most recent action: passed by the House as a substitute June 9, 2026; introduced in the Senate June 11, 2026. As substituted it tightens procedural reporting for health care professionals only, and does not amend the (A)(4)(b)-(d) privilege architecture.
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Ohio Legislative Service Commission
Child Abuse or Neglect Reporting — Members Brief
Official LSC briefing for Ohio legislators. Enumerates mandated reporter categories under ORC § 2151.421, incorporates the cleric definition from ORC § 2317.02, and walks through report procedure, confidentiality, and immunity. Authoritative state-government secondary source.
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Child Welfare Information Gateway, U.S. HHS Children's Bureau· May 2023
Clergy as Mandatory Reporters of Child Abuse and Neglect — Ohio
Federal state-statute summary. Independently confirms that Ohio expressly names clergy as mandated reporters under § 2151.421(A)(4) and that the cleric-penitent privilege is preserved subject to the child-penitent waiver and sacred-trust carveout. Useful cross-validation of statusBucket and privilegePosture.
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Last reviewed July 22, 2026 · by Unheard Child Org research teamHow we track this