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2022-32 -Resolution adopting reproductive health policy Final.docx
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2022-32 -Resolution adopting reproductive health policy Final.docx
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9/9/2022 2:34:49 PM
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9/9/2022 2:31:38 PM
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Office Of Council
Document Type
Resolutions
Number
2022-32
Date
9/6/2022
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City of Lakewood Administrative Policy regarding Reproductive Health Care <br />In light of the United States Supreme Court's decision in Dobbs v. Jackson overturning Roe v. <br />Wade the City of Lakewood ("City") feels it is necessary to establish a policy regarding the use of public <br />funds or resources in the investigation and the prosecution of individuals for their personal choices <br />regarding reproductive health care. The City feels that it is necessary to establish clarity on its policies <br />regarding reproductive health. <br />Under Ohio's Home Rule Authority, the City has the authority to prioritize the utilization of <br />resources and exercise prosecutorial discretion. Lakewood is the most densely populated municipality in <br />Ohio and experiences crime like many other densely populated inner ring suburbs. Lakewood will not <br />prioritize the use of its scarce resources to investigate or prosecute abortion related criminal offenses. <br />Resources will continue to be utilized in a manner that ensures that Lakewood continues to be a safe and <br />attractive community in which to live. <br />The Lakewood City Prosecutor has indicated that that office will not prioritize the prosecution of <br />misdemeanor offenses related to reproductive rights as previously protected by Roe v. Wade consistent <br />with the Cuyahoga County Prosecutor's Office that has indicated that the office will use prosecutorial <br />discretion and not criminalize personal healthcare decisions. <br />Therefore, it is the City's policy that investigations of individuals, organizations, and healthcare <br />providers in Lakewood will become the lowest priority for investigating the seeking, receiving, <br />facilitating, or administering of reproductive health care, which was previously protected by Roe v. Wade <br />and its progeny. <br />Further, the City recognizes that current law and legislation being debated in the Ohio General <br />Assembly provides individuals that received abortions immunity from prosecution. However, an <br />investigation into an individual that provided or facilitated an abortion may necessitate intrusive <br />investigative techniques to be used against the individual that received the abortion. Therefore, City funds <br />and/or resources will not be used to surveil, interview, or otherwise collect information on an individual <br />or that individuals' family members for the purpose of determining if that individual received abortion <br />services, except for aggregated data without personally identifying information or personal health <br />information that was voluntarily provided by the individual for purposes unrelated to criminal <br />investigation, enforcement, or prosecution. This policy does not apply in cases where it is alleged that the <br />pregnant person was coerced or forced by another to receive abortion care, or the investigation is related <br />to criminally negligent conduct of a healthcare provider or other individual to the pregnant person seeking <br />care, or where the abortion, miscarriage, or reproductive healthcare is not the crime being investigated but <br />evidence of another crime. <br />Any report or other record created and held by the City, which contains medical information <br />regarding reproductive health, pregnancy status or an abortion will be considered confidential health <br />information and not subject to release, except with the consent of the individual as required by the Heath <br />Insurance Portability and Accountability Act ("HIPAA"). Employees who may regularly gather such <br />
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