Enact the Affirming Families First Act

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 693

2025-2026

Representatives Click, Williams

Cosponsors: Representatives Mullins,
Hall, T., Claggett, Lear, Swearingen, Gross, Salvo, King, John,
Workman, Klopfenstein, Dean, Stephens

To
amend sections 2151.412, 2151.426, 3109.04, 3109.054, and 3129.01 and
to enact sections 2151.032, 3129.10, 3129.11, 3129.12, 3129.13,
3129.14, 3129.15, 3129.21, 3129.211, 3129.22, 3129.23, 3129.24,
3129.25, 3129.26, 3129.30, 3129.301, 3129.35, 3129.351, and 4743.15
of the Revised Code
to
enact the Affirming Families First Act and protect the right to
affirm a minor child's sex.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 2151.412, 2151.426, 3109.04, 3109.054, and 3129.01 be
amended and sections 2151.032, 3129.10, 3129.11, 3129.12, 3129.13,
3129.14, 3129.15, 3129.21, 3129.211, 3129.22, 3129.23, 3129.24,
3129.25, 3129.26, 3129.30, 3129.301, 3129.35, 3129.351, and 4743.15
of the Revised Code be enacted to read as follows:

Sec.
2151.032.
(A)
In no event shall recognizing or affirming a child's sex be
considered any of the following:

(1)
Abuse, neglect, or risk thereof;

(2)
As contrary to the best interest of the child;

(3)
As creating an unsafe environment for the child.

(B)
Division (A) of this section applies in any circumstance regarding
the abuse or neglect, the best interest, or the well-being of a
child, including relevant provisions of Chapter 2151., 2919., or
3109. of the Revised Code.

(C)
"Affirming a child's sex" has the same meaning as in
section 3129.10 of the Revised Code.

Sec.
2151.412.
(A)
Each public children services agency and private child placing agency
shall prepare and maintain a case plan for any child to whom the
agency is providing services and to whom any of the following
applies:

(1)
The agency filed a complaint pursuant to section 2151.27 of the
Revised Code alleging that the child is an abused, neglected, or
dependent child;

(2)
The agency has temporary or permanent custody of the child;

(3)
The child is living at home subject to an order for protective
supervision;

(4)
The child is in a planned permanent living arrangement.

Except
as provided by division (A)(2) of section 5103.153 of the Revised
Code, a private child placing agency providing services to a child
who is the subject of a voluntary permanent custody surrender
agreement entered into under division (B)(4) of section 5103.15 of
the Revised Code is not required to prepare and maintain a case plan
for that child.

(B)
Each public children services agency shall prepare and maintain a
case plan for any child for whom the agency is providing in-home
services pursuant to an alternative response.

(C)(1)
The director of children and youth shall adopt rules pursuant to
Chapter 119. of the Revised Code setting forth the content and format
of case plans required by division (A) of this section and
establishing procedures for developing, implementing, and changing
the case plans. The rules shall at a minimum comply with the
requirements of Title IV-E of the "Social Security Act," 42
U.S.C. 670, et seq. (1980).

(2)
The director of children and youth shall adopt rules pursuant to
Chapter 119. of the Revised Code requiring public children services
agencies and private child placing agencies to maintain case plans
for children and their families who are receiving services in their
homes from the agencies and for whom case plans are not required by
division (A) of this section. The rules for public children services
agencies shall include the requirements for case plans maintained for
children and their families who are receiving services in their homes
from public children services agencies pursuant to an alternative
response. The agencies shall maintain case plans as required by those
rules; however, the case plans shall not be subject to any other
provision of this section except as specifically required by the
rules.

(D)
Each public children services agency and private child placing agency
that is required by division (A) of this section to maintain a case
plan shall file the case plan with the court prior to the child's
adjudicatory hearing but no later than thirty days after the earlier
of the date on which the complaint in the case was filed or the child
was first placed into shelter care. If the agency does not have
sufficient information prior to the adjudicatory hearing to complete
any part of the case plan, the agency shall specify in the case plan
the additional information necessary to complete each part of the
case plan and the steps that will be taken to obtain that
information. All parts of the case plan shall be completed by the
earlier of thirty days after the adjudicatory hearing or the date of
the dispositional hearing for the child.

(E)
Any agency that is required by division (A) of this section to
prepare a case plan shall attempt to obtain an agreement among all
parties, including, but not limited to, the parents, guardian, or
custodian of the child and the guardian ad litem of the child
regarding the content of the case plan. If all parties agree to the
content of the case plan and the court approves it, the court shall
journalize it as part of its dispositional order. If the agency
cannot obtain an agreement upon the contents of the case plan or the
court does not approve it, the parties shall present evidence on the
contents of the case plan at the dispositional hearing. The court,
based upon the evidence presented at the dispositional hearing and
the best interest of the child, shall determine the contents of the
case plan and journalize it as part of the dispositional order for
the child.

(F)(1)
All parties, including the parents, guardian, or custodian of the
child, are bound by the terms of the journalized case plan. A party
that fails to comply with the terms of the journalized case plan may
be held in contempt of court.

(2)
Any party may propose a change to a substantive part of the case
plan, including, but not limited to, the child's placement and the
visitation rights of any party. A party proposing a change to the
case plan shall file the proposed change with the court and give
notice of the proposed change in writing before the end of the day
after the day of filing it to all parties and the child's guardian ad
litem. All parties and the guardian ad litem shall have seven days
from the date the notice is sent to object to and request a hearing
on the proposed change.

(a)
If it receives a timely request for a hearing, the court shall
schedule a hearing pursuant to section 2151.417 of the Revised Code
to be held no later than thirty days after the request is received by
the court. The court shall give notice of the date, time, and
location of the hearing to all parties and the guardian ad litem. The
agency may implement the proposed change after the hearing, if the
court approves it. The agency shall not implement the proposed change
unless it is approved by the court.

(b)
If it does not receive a timely request for a hearing, the court may
approve the proposed change without a hearing. If the court approves
the proposed change without a hearing, it shall journalize the case
plan with the change not later than fourteen days after the change is
filed with the court. If the court does not approve the proposed
change to the case plan, it shall schedule a hearing to be held
pursuant to section 2151.417 of the Revised Code no later than thirty
days after the expiration of the fourteen-day time period and give
notice of the date, time, and location of the hearing to all parties
and the guardian ad litem of the child. If, despite the requirements
of division (F)(2) of this section, the court neither approves and
journalizes the proposed change nor conducts a hearing, the agency
may implement the proposed change not earlier than fifteen days after
it is submitted to the court.

(3)
If an agency has reasonable cause to believe that a child is
suffering from illness or injury and is not receiving proper care and
that an appropriate change in the child's case plan is necessary to
prevent immediate or threatened physical or emotional harm, to
believe that a child is in immediate danger from the child's
surroundings and that an immediate change in the child's case plan is
necessary to prevent immediate or threatened physical or emotional
harm to the child, or to believe that a parent, guardian, custodian,
or other member of the child's household has abused or neglected the
child and that the child is in danger of immediate or threatened
physical or emotional harm from that person unless the agency makes
an appropriate change in the child's case plan, it may implement the
change without prior agreement or a court hearing and, before the end
of the next day after the change is made, give all parties, the
guardian ad litem of the child, and the court notice of the change.
Before the end of the third day after implementing the change in the
case plan, the agency shall file a statement of the change with the
court and give notice of the filing accompanied by a copy of the
statement to all parties and the guardian ad litem. All parties and
the guardian ad litem shall have ten days from the date the notice is
sent to object to and request a hearing on the change.

(a)
If it receives a timely request for a hearing, the court shall
schedule a hearing pursuant to section 2151.417 of the Revised Code
to be held no later than thirty days after the request is received by
the court. The court shall give notice of the date, time, and
location of the hearing to all parties and the guardian ad litem. The
agency shall continue to administer the case plan with the change
after the hearing, if the court approves the change. If the court
does not approve the change, the court shall make appropriate changes
to the case plan and shall journalize the case plan.

(b)
If it does not receive a timely request for a hearing, the court may
approve the change without a hearing. If the court approves the
change without a hearing, it shall journalize the case plan with the
change within fourteen days after receipt of the change. If the court
does not approve the change to the case plan, it shall schedule a
hearing under section 2151.417 of the Revised Code to be held no
later than thirty days after the expiration of the fourteen-day time
period and give notice of the date, time, and location of the hearing
to all parties and the guardian ad litem of the child.

(G)(1)
All case plans for children in temporary custody shall have the
following general goals:

(a)
Consistent with the best interest and special needs of the child, to
achieve a safe out-of-home placement in the least restrictive, most
family-like setting available and in close proximity to the home from
which the child was removed or the home in which the child will be
permanently placed;

(b)
To eliminate with all due speed the need for the out-of-home
placement so that the child can safely return home.

(2)
The director of children and youth shall adopt rules pursuant to
Chapter 119. of the Revised Code setting forth the general goals of
case plans for children subject to dispositional orders for
protective supervision, a planned permanent living arrangement, or
permanent custody.

(H)
In the agency's development of a case plan and the court's review of
the case plan, the child's health and safety shall be the paramount
concern. The agency and the court shall be guided by the following
general priorities:

(1)
A child who is residing with or can be placed with the child's
parents within a reasonable time should remain in their legal custody
even if an order of protective supervision is required for a
reasonable period of time;

(2)
If both parents of the child have abandoned the child, have
relinquished custody of the child, have become incapable of
supporting or caring for the child even with reasonable assistance,
or have a detrimental effect on the health, safety, and best interest
of the child, the child should be placed in the legal custody of a
suitable member of the child's extended family;

(3)
If a child described in division (H)(2) of this section has no
suitable member of the child's extended family to accept legal
custody, the child should be placed in the legal custody of a
suitable nonrelative who shall be made a party to the proceedings
after being given legal custody of the child;

(4)
If the child has no suitable member of the child's extended family to
accept legal custody of the child and no suitable nonrelative is
available to accept legal custody of the child and, if the child
temporarily cannot or should not be placed with the child's parents,
guardian, or custodian, the child should be placed in the temporary
custody of a public children services agency or a private child
placing agency;

(5)
If the child cannot be placed with either of the child's parents
within a reasonable period of time or should not be placed with
either, if no suitable member of the child's extended family or
suitable nonrelative is available to accept legal custody of the
child, and if the agency has a reasonable expectation of placing the
child for adoption, the child should be committed to the permanent
custody of the public children services agency or private child
placing agency;

(6)
If the child is to be placed for adoption or foster care, the
placement shall not be delayed or denied on the basis of the child's
or adoptive or foster family's race, color, or national origin.

(I)
The case plan for a child in temporary custody shall include at a
minimum the following requirements if the child is or has been the
victim of abuse or neglect or if the child witnessed the commission
in the child's household of abuse or neglect against a sibling of the
child, a parent of the child, or any other person in the child's
household:

(1)
A requirement that the child's parents, guardian, or custodian
participate in mandatory counseling;

(2)
A requirement that the child's parents, guardian, or custodian
participate in any supportive services that are required by or
provided pursuant to the child's case plan.

(J)(1)
Prior to January 1, 2023, a case plan for a child in temporary
custody may include, as a supplement, a plan for locating a permanent
family placement. The supplement shall not be considered part of the
case plan for purposes of division (E) of this section.

(2)
On and after January 1, 2023, a case plan for a child in temporary
custody shall include a permanency plan for the child unless it is
documented that such a plan would not be in the best interest of the
child. The permanency plan shall describe the services the agency
shall provide to achieve permanency for the child if reasonable
efforts to return the child to the child's home, or eliminate the
continued removal from that home, are unsuccessful. Those services
shall be provided concurrently with reasonable efforts to return the
child home or eliminate the child's continued removal from home.

(3)
The director of children and youth, pursuant to Chapter 119. of the
Revised Code, shall adopt rules necessary to carry out the purposes
of division (J) of this section.

(K)(1)
A public children services agency may request that the superintendent
of the bureau of criminal identification and investigation conduct a
criminal records check with respect to a parent, guardian, custodian,
prospective custodian, or prospective placement whose actions result
in a finding after the filing of a complaint as described in division
(A)(1) of this section that a child is an abused, neglected, or
dependent child. The public children services agency shall request
that the superintendent obtain information from the federal bureau of
investigation as part of the criminal records check.

(2)
At any time on or after the date that is ninety days after September
10, 2012, a prosecuting attorney, or an assistant prosecuting
attorney appointed under section 309.06 of the Revised Code, may
request that the superintendent of the bureau of criminal
identification and investigation conduct a criminal records check
with respect to each parent, guardian, custodian, prospective
custodian, or prospective placement whose actions resulted in a
finding after the filing of a complaint described in division (A)(1)
of this section that a child is an abused, neglected, or dependent
child. Each prosecuting attorney or assistant prosecuting attorney
who makes such a request shall request that the superintendent obtain
information from the federal bureau of investigation as part of the
criminal records check for each parent, guardian, custodian,
prospective custodian, or prospective placement who is a subject of
the request.

(3)
A public children services agency, prosecuting attorney, or assistant
prosecuting attorney that requests a criminal records check under
division (K)(1) or (2) of this section shall do both of the
following:

(a)
Provide to each parent, guardian, custodian, prospective custodian,
or prospective placement for whom a criminal records check is
requested a copy of the form prescribed pursuant to division (C)(1)
of section 109.572 of the Revised Code and a standard fingerprint
impression sheet prescribed pursuant to division (C)(2) of that
section and obtain the completed form and impression sheet from the
parent, guardian, custodian, prospective custodian, or prospective
placement;

(b)
Forward the completed form and impression sheet to the superintendent
of the bureau of criminal identification and investigation.

(4)
A parent, guardian, custodian, prospective custodian, or prospective
placement who is given a form and fingerprint impression sheet under
division (K)(3)(a) of this section and who fails to complete the form
or provide fingerprint impressions may be held in contempt of court.

(L)(1)
No case plan shall require a party to a case plan, including the
parent, guardian, or legal custodian of the child, to consent to or
facilitate social or medical, including surgical, interventions
counter to affirming a child's sex or to restrict or prohibit a
parent, guardian, or legal custodian from affirming a child's sex.

(2)
As used in division (L) of this section, "affirming a child's
sex" and "affirm a child's sex" have the same meanings
as in section 3129.10 of the Revised Code.

Sec.
2151.426.
(A)(1)
A children's advocacy center may be established to serve a single
county by execution of a memorandum of understanding regarding the
participation in the operation of the center by any of the following
entities in the county to be served by the center:

(a)
The public children services agency;

(b)
Representatives of any county or municipal law enforcement agencies
serving the county that investigate any of the types of abuse
specified in the memorandum of understanding creating the center as
being within the center's jurisdiction;

(c)
The prosecuting attorney of the county or a village solicitor, city
director of law, or similar chief legal officer of a municipal
corporation in the county who prosecutes any of the types of abuse
specified in the memorandum of understanding creating the center as
being within the center's jurisdiction in the area to be served by
the center;

(d)
Any other entity considered appropriate by all of the other entities
executing the memorandum.

(2)
A children's advocacy center may be established to serve two or more
contiguous counties if a memorandum of understanding regarding the
participation in the operation of the center is executed by any of
the entities described in division (A)(1) of this section in each
county to be served by the center.

(3)
Any memorandum of understanding executed under this section may
include a provision that specifies types of abuse of a child, in
addition to sexual abuse of a child, that are to be within the
jurisdiction of the children's advocacy center created as a result of
the execution of the memorandum. If a memorandum of understanding
executed under this section does not include any provision of that
nature, the children's advocacy center created as a result of the
execution of the memorandum has jurisdiction only in relation to
reports of alleged sexual abuse of a child.

(B)
Each entity that participates in the execution of a memorandum of
understanding under this section shall cooperate in all of the
following:

(1)
Developing a multidisciplinary team pursuant to section 2151.427 of
the Revised Code to perform the functions and activities and provide
the services specified in the interagency agreement entered into
under section 2151.428 of the Revised Code, regarding reports
received under section 2151.421 of the Revised Code of alleged sexual
abuse of a child and reports of allegations of another type of abuse
of a child that is specified in the memorandum of understanding that
creates the center as being within the center's jurisdiction, and
regarding the children who are the subjects of the reports;

(2)
Participating in the operation of the center in
compliance

a
manner consistent
with
standards for full membership established by the national children's
alliance
,
except for any qualifications or training that violates section
3129.26 of the Revised Code
;

(3)
Employing the center's staff.

(C)
A center shall do both of the following:

(1)
Operate in accordance with sections 2151.427 and 2151.428 of the
Revised Code, the interagency agreement entered into under section
2151.428 of the Revised Code relative to the center, and
consistent
with
the
standards for full membership established by the national children's
alliance
,
provided that compliance under this division does not violate
sections 3129.10 to 3129.351 of the Revised Code
;

(2)
Register annually with the attorney general.

Sec.
3109.04.
(A)
In any divorce, legal separation, or annulment proceeding and in any
proceeding pertaining to the allocation of parental rights and
responsibilities for the care of a child, upon hearing the testimony
of either or both parents and considering any mediation report filed
pursuant to section 3109.052 of the Revised Code and in accordance
with sections 3127.01 to 3127.53 of the Revised Code, the court shall
allocate the parental rights and responsibilities for the care of the
minor children of the marriage. Subject to division (D)(2) of this
section, the court may allocate the parental rights and
responsibilities for the care of the children in either of the
following ways:

(1)
If neither parent files a pleading or motion in accordance with
division (G) of this section, if at least one parent files a pleading
or motion under that division but no parent who filed a pleading or
motion under that division also files a plan for shared parenting, or
if at least one parent files both a pleading or motion and a shared
parenting plan under that division but no plan for shared parenting
is in the best interest of the children, the court, in a manner
consistent with the best interest of the children, shall allocate the
parental rights and responsibilities for the care of the children
primarily to one of the parents, designate that parent as the
residential parent and the legal custodian of the child, and divide
between the parents the other rights and responsibilities for the
care of the children, including, but not limited to, the
responsibility to provide support for the children and the right of
the parent who is not the residential parent to have continuing
contact with the children.

(2)
If at least one parent files a pleading or motion in accordance with
division (G) of this section and a plan for shared parenting pursuant
to that division and if a plan for shared parenting is in the best
interest of the children and is approved by the court in accordance
with division (D)(1) of this section, the court may allocate the
parental rights and responsibilities for the care of the children to
both parents and issue a shared parenting order requiring the parents
to share all or some of the aspects of the physical and legal care of
the children in accordance with the approved plan for shared
parenting. If the court issues a shared parenting order under this
division and it is necessary for the purpose of receiving public
assistance, the court shall designate which one of the parents'
residences is to serve as the child's home. The child support
obligations of the parents under a shared parenting order issued
under this division shall be determined in accordance with Chapters
3119., 3121., 3123., and 3125. of the Revised Code.

(B)(1)
When making the allocation of the parental rights and
responsibilities for the care of the children under this section in
an original proceeding or in any proceeding for modification of a
prior order of the court making the allocation, the court shall take
into account that which would be in the best interest of the
children. In determining the child's best interest for purposes of
making its allocation of the parental rights and responsibilities for
the care of the child and for purposes of resolving any issues
related to the making of that allocation, the court, in its
discretion, may and, upon the request of either party, shall
interview in chambers any or all of the involved children regarding
their wishes and concerns with respect to the allocation.

(2)
If the court interviews any child pursuant to division (B)(1) of this
section, all of the following apply:

(a)
The court, in its discretion, may and, upon the motion of either
parent, shall appoint a guardian ad litem for the child.

(b)
The court first shall determine the reasoning ability of the child.
If the court determines that the child does not have sufficient
reasoning ability to express the child's wishes and concern with
respect to the allocation of parental rights and responsibilities for
the care of the child, it shall not determine the child's wishes and
concerns with respect to the allocation. If the court determines that
the child has sufficient reasoning ability to express the child's
wishes or concerns with respect to the allocation, it then shall
determine whether, because of special circumstances, it would not be
in the best interest of the child to determine the child's wishes and
concerns with respect to the allocation. If the court determines
that, because of special circumstances, it would not be in the best
interest of the child to determine the child's wishes and concerns
with respect to the allocation, it shall not determine the child's
wishes and concerns with respect to the allocation and shall enter
its written findings of fact and opinion in the journal. If the court
determines that it would be in the best interests of the child to
determine the child's wishes and concerns with respect to the
allocation, it shall proceed to make that determination.

(c)
The interview shall be conducted in chambers, and no person other
than the child, the child's attorney, the judge, any necessary court
personnel, and, in the judge's discretion, the attorney of each
parent shall be permitted to be present in the chambers during the
interview.

(3)
No person shall obtain or attempt to obtain from a child a written or
recorded statement or affidavit setting forth the child's wishes and
concerns regarding the allocation of parental rights and
responsibilities concerning the child. No court, in determining the
child's best interest for purposes of making its allocation of the
parental rights and responsibilities for the care of the child or for
purposes of resolving any issues related to the making of that
allocation, shall accept or consider a written or recorded statement
or affidavit that purports to set forth the child's wishes and
concerns regarding those matters.

(C)
Prior to trial, the court may cause an investigation to be made as to
the character, family relations, past conduct, earning ability, and
financial worth of each parent and may order the parents and their
minor children to submit to medical, psychological, and psychiatric
examinations. The report of the investigation and examinations shall
be made available to either parent or the parent's counsel of record
not less than five days before trial, upon written request. The
report shall be signed by the investigator, and the investigator
shall be subject to cross-examination by either parent concerning the
contents of the report. The court may tax as costs all or any part of
the expenses for each investigation.

If
the court determines that either parent previously has been convicted
of or pleaded guilty to any criminal offense involving any act that
resulted in a child being a neglected child, that either parent
previously has been determined to be the perpetrator of the
neglectful act that is the basis of an adjudication that a child is a
neglected child, or that there is reason to believe that either
parent has acted in a manner resulting in a child being a neglected
child, the court shall consider that fact against naming that parent
the residential parent and against granting a shared parenting
decree. When the court allocates parental rights and responsibilities
for the care of children or determines whether to grant shared
parenting in any proceeding, it shall consider whether either parent
or any member of the household of either parent has been convicted of
or pleaded guilty to a violation of section 2919.25 of the Revised
Code or a sexually oriented offense involving a victim who at the
time of the commission of the offense was a member of the family or
household that is the subject of the proceeding, has been convicted
of or pleaded guilty to any sexually oriented offense or other
offense involving a victim who at the time of the commission of the
offense was a member of the family or household that is the subject
of the proceeding and caused physical harm to the victim in the
commission of the offense, or has been determined to be the
perpetrator of the abusive act that is the basis of an adjudication
that a child is an abused child. If the court determines that either
parent has been convicted of or pleaded guilty to a violation of
section 2919.25 of the Revised Code or a sexually oriented offense
involving a victim who at the time of the commission of the offense
was a member of the family or household that is the subject of the
proceeding, has been convicted of or pleaded guilty to any sexually
oriented offense or other offense involving a victim who at the time
of the commission of the offense was a member of the family or
household that is the subject of the proceeding and caused physical
harm to the victim in the commission of the offense, or has been
determined to be the perpetrator of the abusive act that is the basis
of an adjudication that a child is an abused child, it may designate
that parent as the residential parent and may issue a shared
parenting decree or order only if it determines that it is in the
best interest of the child to name that parent the residential parent
or to issue a shared parenting decree or order and it makes specific
written findings of fact to support its determination.

(D)(1)(a)
Upon the filing of a pleading or motion by either parent or both
parents, in accordance with division (G) of this section, requesting
shared parenting and the filing of a shared parenting plan in
accordance with that division, the court shall comply with division
(D)(1)(a)(i), (ii), or (iii) of this section, whichever is
applicable:

(i)
If both parents jointly make the request in their pleadings or
jointly file the motion and also jointly file the plan, the court
shall review the parents' plan to determine if it is in the best
interest of the children. If the court determines that the plan is in
the best interest of the children, the court shall approve it. If the
court determines that the plan or any part of the plan is not in the
best interest of the children, the court shall require the parents to
make appropriate changes to the plan to meet the court's objections
to it. If changes to the plan are made to meet the court's
objections, and if the new plan is in the best interest of the
children, the court shall approve the plan. If changes to the plan
are not made to meet the court's objections, or if the parents
attempt to make changes to the plan to meet the court's objections,
but the court determines that the new plan or any part of the new
plan still is not in the best interest of the children, the court may
reject the portion of the parents' pleadings or deny their motion
requesting shared parenting of the children and proceed as if the
request in the pleadings or the motion had not been made. The court
shall not approve a plan under this division unless it determines
that the plan is in the best interest of the children.

(ii)
If each parent makes a request in the parent's pleadings or files a
motion and each also files a separate plan, the court shall review
each plan filed to determine if either is in the best interest of the
children. If the court determines that one of the filed plans is in
the best interest of the children, the court may approve the plan. If
the court determines that neither filed plan is in the best interest
of the children, the court may order each parent to submit
appropriate changes to the parent's plan or both of the filed plans
to meet the court's objections, or may select one of the filed plans
and order each parent to submit appropriate changes to the selected
plan to meet the court's objections. If changes to the plan or plans
are submitted to meet the court's objections, and if any of the filed
plans with the changes is in the best interest of the children, the
court may approve the plan with the changes. If changes to the plan
or plans are not submitted to meet the court's objections, or if the
parents submit changes to the plan or plans to meet the court's
objections but the court determines that none of the filed plans with
the submitted changes is in the best interest of the children, the
court may reject the portion of the parents' pleadings or deny their
motions requesting shared parenting of the children and proceed as if
the requests in the pleadings or the motions had not been made. If
the court approves a plan under this division, either as originally
filed or with submitted changes, or if the court rejects the portion
of the parents' pleadings or denies their motions requesting shared
parenting under this division and proceeds as if the requests in the
pleadings or the motions had not been made, the court shall enter in
the record of the case findings of fact and conclusions of law as to
the reasons for the approval or the rejection or denial. Division
(D)(1)(b) of this section applies in relation to the approval or
disapproval of a plan under this division.

(iii)
If each parent makes a request in the parent's pleadings or files a
motion but only one parent files a plan, or if only one parent makes
a request in the parent's pleadings or files a motion and also files
a plan, the court in the best interest of the children may order the
other parent to file a plan for shared parenting in accordance with
division (G) of this section. The court shall review each plan filed
to determine if any plan is in the best interest of the children. If
the court determines that one of the filed plans is in the best
interest of the children, the court may approve the plan. If the
court determines that no filed plan is in the best interest of the
children, the court may order each parent to submit appropriate
changes to the parent's plan or both of the filed plans to meet the
court's objections or may select one filed plan and order each parent
to submit appropriate changes to the selected plan to meet the
court's objections. If changes to the plan or plans are submitted to
meet the court's objections, and if any of the filed plans with the
changes is in the best interest of the children, the court may
approve the plan with the changes. If changes to the plan or plans
are not submitted to meet the court's objections, or if the parents
submit changes to the plan or plans to meet the court's objections
but the court determines that none of the filed plans with the
submitted changes is in the best interest of the children, the court
may reject the portion of the parents' pleadings or deny the parents'
motion or reject the portion of the parents' pleadings or deny their
motions requesting shared parenting of the children and proceed as if
the request or requests or the motion or motions had not been made.
If the court approves a plan under this division, either as
originally filed or with submitted changes, or if the court rejects
the portion of the pleadings or denies the motion or motions
requesting shared parenting under this division and proceeds as if
the request or requests or the motion or motions had not been made,
the court shall enter in the record of the case findings of fact and
conclusions of law as to the reasons for the approval or the
rejection or denial. Division (D)(1)(b) of this section applies in
relation to the approval or disapproval of a plan under this
division.

(b)
The approval of a plan under division (D)(1)(a)(ii) or (iii) of this
section is discretionary with the court. The court shall not approve
more than one plan under either division and shall not approve a plan
under either division unless it determines that the plan is in the
best interest of the children. If the court, under either division,
does not determine that any filed plan or any filed plan with
submitted changes is in the best interest of the children, the court
shall not approve any plan.

(c)
Whenever possible, the court shall require that a shared parenting
plan approved under division (D)(1)(a)(i), (ii), or (iii) of this
section ensure the opportunity for both parents to have frequent and
continuing contact with the child, unless frequent and continuing
contact with any parent would not be in the best interest of the
child.

(d)
If a court approves a shared parenting plan under division
(D)(1)(a)(i), (ii), or (iii) of this section, the approved plan shall
be incorporated into a final shared parenting decree granting the
parents the shared parenting of the children. Any final shared
parenting decree shall be issued at the same time as and shall be
appended to the final decree of dissolution, divorce, annulment, or
legal separation arising out of the action out of which the question
of the allocation of parental rights and responsibilities for the
care of the children arose.

No
provisional shared parenting decree shall be issued in relation to
any shared parenting plan approved under division (D)(1)(a)(i), (ii),
or (iii) of this section. A final shared parenting decree issued
under this division has immediate effect as a final decree on the
date of its issuance, subject to modification or termination as
authorized by this section.

(2)
If the court finds, with respect to any child under eighteen years of
age, that it is in the best interest of the child for neither parent
to be designated the residential parent and legal custodian of the
child, it may commit the child to a relative of the child or certify
a copy of its findings, together with as much of the record and the
further information, in narrative form or otherwise, that it
considers necessary or as the juvenile court requests, to the
juvenile court for further proceedings, and, upon the certification,
the juvenile court has exclusive jurisdiction.

(E)(1)(a)
The court shall not modify a prior decree allocating parental rights
and responsibilities for the care of children unless it finds, based
on facts that have arisen since the prior decree or that were unknown
to the court at the time of the prior decree, that a change has
occurred in the circumstances of the child, the child's residential
parent, or either of the parents subject to a shared parenting
decree, and that the modification is necessary to serve the best
interest of the child. In applying these standards, the court shall
retain the residential parent designated by the prior decree or the
prior shared parenting decree, unless a modification is in the best
interest of the child and one of the following applies:

(i)
The residential parent agrees to a change in the residential parent
or both parents under a shared parenting decree agree to a change in
the designation of residential parent.

(ii)
The child, with the consent of the residential parent or of both
parents under a shared parenting decree, has been integrated into the
family of the person seeking to become the residential parent.

(iii)
The harm likely to be caused by a change of environment is outweighed
by the advantages of the change of environment to the child.

(b)
One or both of the parents under a prior decree allocating parental
rights and responsibilities for the care of children that is not a
shared parenting decree may file a motion requesting that the prior
decree be modified to give both parents shared rights and
responsibilities for the care of the children. The motion shall
include both a request for modification of the prior decree and a
request for a shared parenting order that complies with division (G)
of this section. Upon the filing of the motion, if the court
determines that a modification of the prior decree is authorized
under division (E)(1)(a) of this section, the court may modify the
prior decree to grant a shared parenting order, provided that the
court shall not modify the prior decree to grant a shared parenting
order unless the court complies with divisions (A) and (D)(1) of this
section and, in accordance with those divisions, approves the
submitted shared parenting plan and determines that shared parenting
would be in the best interest of the children.

(2)
In addition to a modification authorized under division (E)(1) of
this section:

(a)
Both parents under a shared parenting decree jointly may modify the
terms of the plan for shared parenting approved by the court and
incorporated by it into the shared parenting decree. Modifications
under this division may be made at any time. The modifications to the
plan shall be filed jointly by both parents with the court, and the
court shall include them in the plan, unless they are not in the best
interest of the children. If the modifications are not in the best
interests of the children, the court, in its discretion, may reject
the modifications or make modifications to the proposed modifications
or the plan that are in the best interest of the children.
Modifications jointly submitted by both parents under a shared
parenting decree shall be effective, either as originally filed or as
modified by the court, upon their inclusion by the court in the plan.
Modifications to the plan made by the court shall be effective upon
their inclusion by the court in the plan.

(b)
The court may modify the terms of the plan for shared parenting
approved by the court and incorporated by it into the shared
parenting decree upon its own motion at any time if the court
determines that the modifications are in the best interest of the
children or upon the request of one or both of the parents under the
decree. Modifications under this division may be made at any time.
The court shall not make any modification to the plan under this
division, unless the modification is in the best interest of the
children.

(c)
The court may terminate a prior final shared parenting decree that
includes a shared parenting plan approved under division (D)(1)(a)(i)
of this section upon the request of one or both of the parents or
whenever it determines that shared parenting is not in the best
interest of the children. The court may terminate a prior final
shared parenting decree that includes a shared parenting plan
approved under division (D)(1)(a)(ii) or (iii) of this section if it
determines, upon its own motion or upon the request of one or both
parents, that shared parenting is not in the best interest of the
children. If modification of the terms of the plan for shared
parenting approved by the court and incorporated by it into the final
shared parenting decree is attempted under division (E)(2)(a) of this
section and the court rejects the modifications, it may terminate the
final shared parenting decree if it determines that shared parenting
is not in the best interest of the children.

(d)
Upon the termination of a prior final shared parenting decree under
division (E)(2)(c) of this section, the court shall proceed and issue
a modified decree for the allocation of parental rights and
responsibilities for the care of the children under the standards
applicable under divisions (A), (B), and (C) of this section as if no
decree for shared parenting had been granted and as if no request for
shared parenting ever had been made.

(F)(1)
In determining the best interest of a child pursuant to this section,
whether on an original decree allocating parental rights and
responsibilities for the care of children or a modification of a
decree allocating those rights and responsibilities, the court shall
consider all relevant factors, including, but not limited to:

(a)
The wishes of the child's parents regarding the child's care;

(b)
If the court has interviewed the child in chambers pursuant to
division (B) of this section regarding the child's wishes and
concerns as to the allocation of parental rights and responsibilities
concerning the child, the wishes and concerns of the child, as
expressed to the court;

(c)
The child's interaction and interrelationship with the child's
parents, siblings, and any other person who may significantly affect
the child's best interest;

(d)
The child's adjustment to the child's home, school, and community;

(e)
The mental and physical health of all persons involved in the
situation;

(f)
The parent more likely to honor and facilitate court-approved
parenting time rights or visitation and companionship rights;

(g)
Whether either parent has failed to make all child support payments,
including all arrearages, that are required of that parent pursuant
to a child support order under which that parent is an obligor;

(h)
Whether either parent or any member of the household of either parent
previously has been convicted of or pleaded guilty to any criminal
offense involving any act that resulted in a child being an abused
child or a neglected child; whether either parent, in a case in which
a child has been adjudicated an abused child or a neglected child,
previously has been determined to be the perpetrator of the abusive
or neglectful act that is the basis of an adjudication; whether
either parent or any member of the household of either parent
previously has been convicted of or pleaded guilty to a violation of
section 2919.25 of the Revised Code or a sexually oriented offense
involving a victim who at the time of the commission of the offense
was a member of the family or household that is the subject of the
current proceeding; whether either parent or any member of the
household of either parent previously has been convicted of or
pleaded guilty to any offense involving a victim who at the time of
the commission of the offense was a member of the family or household
that is the subject of the current proceeding and caused physical
harm to the victim in the commission of the offense; and whether
there is reason to believe that either parent has acted in a manner
resulting in a child being an abused child or a neglected child;

(i)
Whether the residential parent or one of the parents subject to a
shared parenting decree has continuously and willfully denied the
other parent's right to parenting time in accordance with an order of
the court;

(j)
Whether either parent has established a residence, or is planning to
establish a residence, outside this state.

(2)
In determining whether shared parenting is in the best interest of
the children, the court shall consider all relevant factors,
including, but not limited to, the factors enumerated in division
(F)(1) of this section, the factors enumerated in section 3119.23 of
the Revised Code, and all of the following factors:

(a)
The ability of the parents to cooperate and make decisions jointly,
with respect to the children;

(b)
The ability of each parent to encourage the sharing of love,
affection, and contact between the child and the other parent;

(c)
Any history of, or potential for, child abuse, spouse abuse, other
domestic violence, or parental kidnapping by either parent;

(d)
The geographic proximity of the parents to each other, as the
proximity relates to the practical considerations of shared
parenting;

(e)
The recommendation of the guardian ad litem of the child, if the
child has a guardian ad litem.

(3)
When allocating parental rights and responsibilities for the care of
children, the court shall not give preference to a parent because of
that parent's financial status or condition.

(4)
When allocating parental rights and responsibilities for the care of
children, the court shall not consider a parent's act of affirming a
child's sex as contrary to the best interest of the child.

(G)
Either parent or both parents of any children may file a pleading or
motion with the court requesting the court to grant both parents
shared parental rights and responsibilities for the care of the
children in a proceeding held pursuant to division (A) of this
section. If a pleading or motion requesting shared parenting is
filed, the parent or parents filing the pleading or motion also shall
file with the court a plan for the exercise of shared parenting by
both parents. If each parent files a pleading or motion requesting
shared parenting but only one parent files a plan or if only one
parent files a pleading or motion requesting shared parenting and
also files a plan, the other parent as ordered by the court shall
file with the court a plan for the exercise of shared parenting by
both parents. The plan for shared parenting shall be filed with the
petition for dissolution of marriage, if the question of parental
rights and responsibilities for the care of the children arises out
of an action for dissolution of marriage, or, in other cases, at a
time at least thirty days prior to the hearing on the issue of the
parental rights and responsibilities for the care of the children. A
plan for shared parenting shall include provisions covering all
factors that are relevant to the care of the children, including, but
not limited to, provisions covering factors such as physical living
arrangements, child support obligations, provision for the children's
medical and dental care, school placement, and the parent with which
the children will be physically located during legal holidays, school
holidays, and other days of special importance.

(H)
If an appeal is taken from a decision of a court that grants or
modifies a decree allocating parental rights and responsibilities for
the care of children, the court of appeals shall give the case
calendar priority and handle it expeditiously.

(I)(1)
Upon receipt of an order for active military service in the uniformed
services, a parent who is subject to an order allocating parental
rights and responsibilities or in relation to whom an action to
allocate parental rights and responsibilities is pending and who is
ordered for active military service shall notify the other parent who
is subject to the order or in relation to whom the case is pending of
the order for active military service within three days of receiving
the military service order.

(2)
On receipt of the notice described in division (I)(1) of this
section, either parent may apply to the court for a hearing to
expedite an allocation or modification proceeding so that the court
can issue an order before the parent's active military service
begins. The application shall include the date on which the active
military service begins.

The
court shall schedule a hearing upon receipt of the application and
hold the hearing not later than thirty days after receipt of the
application, except that the court shall give the case calendar
priority and handle the case expeditiously if exigent circumstances
exist in the case.

The
court shall not modify a prior decree allocating parental rights and
responsibilities unless the court determines that there has been a
change in circumstances of the child, the child's residential parent,
or either of the parents subject to a shared parenting decree, and
that modification is necessary to serve the best interest of the
child. The court shall not find past, present, or possible future
active military service in the uniformed services to constitute a
change in circumstances justifying modification of a prior decree
pursuant to division (E) of this section. The court shall make
specific written findings of fact to support any modification under
this division.

(3)
Nothing in division (I) of this section shall prevent a court from
issuing a temporary order allocating or modifying parental rights and
responsibilities for the duration of the parent's active military
service. A temporary order shall specify whether the parent's active
military service is the basis of the order and shall provide for
termination of the temporary order and resumption of the prior order
within ten days after receipt of notice pursuant to division (I)(5)
of this section, unless the other parent demonstrates that resumption
of the prior order is not in the child's best interest.

(4)
At the request of a parent who is ordered for active military service
in the uniformed services and who is a subject of a proceeding
pertaining to a temporary order for the allocation or modification of
parental rights and responsibilities, the court shall permit the
parent to participate in the proceeding and present evidence by
electronic means, including communication by telephone, video, or
internet to the extent permitted by the rules of the supreme court of
Ohio.

(5)
A parent who is ordered for active military service in the uniformed
services and who is a subject of a proceeding pertaining to the
allocation or modification of parental rights and responsibilities
shall provide written notice to the court, child support enforcement
agency, and the other parent of the date of termination of the
parent's active military service not later than thirty days after the
date on which the service ends.

(J)
As used in this section:

(1)
"Abused child" has the same meaning as in section 2151.031
of the Revised Code.

(2)
"Active military service" means service by a member of the
uniformed services in compliance with military orders to report for
combat operations, contingency operations, peacekeeping operations, a
remote tour of duty, or other active service for which the member is
required to report unaccompanied by any family member, including any
period of illness, recovery from injury, leave, or other lawful
absence during that operation, duty, or service.

(3)

"Affirming
a child's sex" has the same meaning as in section 3129.10 of the
Revised Code.

(4)

"Neglected
child" has the same meaning as in section 2151.03 of the Revised
Code.

(4)
(5)

"Sexually oriented offense" has the same meaning as in
section 2950.01 of the Revised Code.

(5)
(6)

"Uniformed services" means the United States armed forces,
the army national guard, and the air national guard or any reserve
component thereof, or the commissioned corps of the United States
public health service.

(K)
As used in the Revised Code, "shared parenting" means that
the parents share, in the manner set forth in the plan for shared
parenting that is approved by the court under division (D)(1) and
described in division (L)(6) of this section, all or some of the
aspects of physical and legal care of their children.

(L)
For purposes of the Revised Code:

(1)
A parent who is granted the care, custody, and control of a child
under an order that was issued pursuant to this section prior to
April 11, 1991, and that does not provide for shared parenting has
"custody of the child" and "care, custody, and control
of the child" under the order, and is the "residential
parent," the "residential parent and legal custodian,"
or the "custodial parent" of the child under the order.

(2)
A parent who primarily is allocated the parental rights and
responsibilities for the care of a child and who is designated as the
residential parent and legal custodian of the child under an order
that is issued pursuant to this section on or after April 11, 1991,
and that does not provide for shared parenting has "custody of
the child" and "care, custody, and control of the child"
under the order, and is the "residential parent," the
"residential parent and legal custodian," or the "custodial
parent" of the child under the order.

(3)
A parent who is not granted custody of a child under an order that
was issued pursuant to this section prior to April 11, 1991, and that
does not provide for shared parenting is the "parent who is not
the residential parent," the "parent who is not the
residential parent and legal custodian," or the "noncustodial
parent" of the child under the order.

(4)
A parent who is not primarily allocated the parental rights and
responsibilities for the care of a child and who is not designated as
the residential parent and legal custodian of the child under an
order that is issued pursuant to this section on or after April 11,
1991, and that does not provide for shared parenting is the "parent
who is not the residential parent," the "parent who is not
the residential parent and legal custodian," or the
"noncustodial parent" of the child under the order.

(5)
Unless the context clearly requires otherwise, if an order is issued
by a court pursuant to this section and the order provides for shared
parenting of a child, both parents have "custody of the child"
or "care, custody, and control of the child" under the
order, to the extent and in the manner specified in the order.

(6)
Unless the context clearly requires otherwise and except as otherwise
provided in the order, if an order is issued by a court pursuant to
this section and the order provides for shared parenting of a child,
each parent, regardless of where the child is physically located or
with whom the child is residing at a particular point in time, as
specified in the order, is the "residential parent," the
"residential parent and legal custodian," or the "custodial
parent" of the child.

(7)
Unless the context clearly requires otherwise and except as otherwise
provided in the order, a designation in the order of a parent as the
residential parent for the purpose of determining the school the
child attends, as the custodial parent for purposes of claiming the
child as a dependent pursuant to section 152(e) of the "Internal
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as
amended, or as the residential parent for purposes of receiving
public assistance pursuant to division (A)(2) of this section, does
not affect the designation pursuant to division (L)(6) of this
section of each parent as the "residential parent," the
"residential parent and legal custodian," or the "custodial
parent" of the child.

(M)
The court shall require each parent of a child to file an affidavit
attesting as to whether the parent, and the members of the parent's
household, have been convicted of or pleaded guilty to any of the
offenses identified in divisions (C) and (F)(1)(h) of this section.

Sec.
3109.054.
(A)

When
allocating parental rights and responsibilities or parenting time, no
court shall deny or limit a parent's parental rights and
responsibilities or parenting time based on the parent's decision to
do any of the following:

(A)
(1)

Refer to and raise the child in a manner consistent with the child's

biological

sex

or affirm the child's sex
;

(B)
(2)

Decline to consent to the child receiving gender transition services
as defined in section 3129.01 of the Revised Code;

(C)
(3)

Decline to consent to the child receiving counseling or other mental
health services for the purpose of affirming the child's perception
of the child's gender or sex, if the child's perception is
inconsistent with the child's
biological

sex.

(B)
"Affirm the child's sex" has the same meaning as in section
3129.10 of the Revised Code.

Sec.
3129.01.
As
used in
this
chapter
sections
3129.01 to 3129.06 of the Revised Code
:

(A)
"Biological sex," "birth sex," and "sex"
mean
the

a
person's
biological

indication
of
sex,
either
male

and

or

female,

including sex chromosomes, naturally occurring sex hormones, gonads,
and nonambiguous internal and external genitalia present at birth,
without regard to an individual's psychological, chosen, or
subjective experience of gender

as those terms are defined in section 3129.10 of the Revised Code
.

(B)
"Cross-sex hormone" means testosterone, estrogen, or
progesterone given to a minor individual in an amount greater than
would normally be produced endogenously in a healthy individual of
the minor individual's age and sex.

(C)

"Female"
means, when referring to a natural person, anyone who naturally has,
had, will have, or would have, but for a congenital anomaly or
intentional or unintentional disruption, the reproductive system that
at some point produces, transports, and utilizes eggs for
fertilization.

(D)

"Gender
reassignment surgery" means any surgery performed for the
purpose of assisting an individual with gender transition that seeks
to surgically alter or remove healthy physical or anatomical
characteristics or features that are typical for the individual's
biological sex, in order to instill or create physiological or
anatomical characteristics that resemble a sex different from the
individual's birth sex, including genital or non-genital gender
reassignment surgery.

(D)
(E)

"Gender-related condition" means any condition where an
individual feels an incongruence between the individual's gender
identity and biological sex. "Gender-related condition"
includes gender dysphoria.

(E)
(F)

"Gender transition" means the process in which an
individual goes from identifying with and living as a gender that
corresponds to his or her biological sex to identifying with and
living as a gender different from his or her biological sex,
including social, legal, or physical changes.

(F)
(G)

"Gender transition services" means any medical or surgical
service (including physician services, inpatient and outpatient
hospital services, or prescription drugs or hormones) provided for
the purpose of assisting an individual with gender transition that
seeks to alter or remove physical or anatomical characteristics or
features that are typical for the individual's biological sex, or to
instill or create physiological or anatomical characteristics that
resemble a sex different from the individual's birth sex, including
medical services that provide puberty blocking drugs, cross-sex
hormones, or other mechanisms to promote the development of
feminizing or masculinizing features in the opposite sex, or genital
or non-genital gender reassignment surgery.

(G)
(H)

"Genital gender reassignment surgery" means surgery
performed for the purpose of assisting an individual with gender
transition and includes both of the following:

(1)
Surgeries that sterilize, such as castration, vasectomy,
hysterectomy, oophorectomy, orchiectomy, and penectomy;

(2)
Surgeries that artificially construct tissue with the appearance of
genitalia that differs from the individual's biological sex, such as
metoidiplasty, phalloplasty, and vaginoplasty.

(H)
(I)
"Male" means, when referring to a natural person, anyone
who naturally has, had, will have, or would have, but for a
congenital anomaly or intentional or unintentional disruption, the
reproductive system that at some point produces, transports, and
utilizes sperm for fertilization.

(J)

"Mental health professional" means all of the following:

(1)
Either of the following advanced practice registered nurses who holds
a current, valid license issued under Chapter 4723. of the Revised
Code that authorizes the practice of nursing as an advanced practice
registered nurse:

(a)
A clinical nurse specialist who is certified as a psychiatric-mental
health CNS by the American nurses credentialing center;

(b)
A certified nurse practitioner who is certified as a
psychiatric-mental health NP by the American nurses credentialing
center.

(2)
A physician specializing in psychiatry;

(3)
A psychologist, school psychologist, or independent school
psychologist licensed under Chapter 4732. of the Revised Code or
under rules adopted in accordance with sections 3301.07 and 3319.22
of the Revised Code;

(4)
An independent social worker, social worker, licensed professional
clinical counselor, licensed professional counselor, independent
marriage and family therapist, or marriage and family therapist
licensed under Chapter 4757. of the Revised Code.

(I)
(K)

"Minor individual" means an individual under eighteen years
of age.

(J)
(L)

"Non-genital gender reassignment surgery" means surgery
performed for the purpose of assisting an individual with gender
transition such as augmentation mammoplasty, facial feminization
surgery, liposuction, lipofilling, voice surgery, thyroid cartilage
reduction, gluteal augmentation, pectoral implants, or other
aesthetic procedures.

(K)
(M)

"Physician" means an individual authorized under Chapter
4731. of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery.

(L)
(N)

"Puberty-blocking drugs" means Gonadotropin-releasing
hormone analogs or other synthetic drugs used to stop luteinizing
hormone and follicle stimulating hormone secretion, synthetic
antiandrogen drugs used to block the androgen receptor, or any drug
to delay or suppress normal puberty.

Sec.
3129.10.
As
used in sections 3129.10 to 3129.351 of the Revised Code:

(A)
"Affirmation of a minor child's sex," "affirmed a
minor child's sex," "affirming a minor child's sex,"
"affirm a minor child's sex," or "affirms a minor
child's sex" means guiding, instructing, raising, or referring
to, or intending to guide, instruct, raise, or refer to, a minor
child in a manner consistent with the minor child's sex and making
decisions for the purpose of protecting the minor child's bodily
integrity, development, and emotional and mental health, including
all of the following:

(1)
Using the minor child's legal name, referring to the minor child with
pronouns consistent with the minor child's sex, or refraining from
using a name or pronouns inconsistent with the minor child's sex;

(2)
Seeking out and consenting to any lawful mental health service for
the minor child to assist the child in living consistent with the
child's sex;

(3)
Declining to consent to any medical or surgical gender transition
services, as defined in section 3129.01 of the Revised Code, for the
minor child;

(4)
Declining to consent to any physical or mental health services for
the minor child for the purpose of gender transition as defined in
section 3129.01 of the Revised Code.

(B)
"Female," "male," and "sex" have the
same meanings as in section 3129.01 of the Revised Code.

(C)
"Kinship caregiver" has the same meaning as in section
5101.85 of the Revised Code.

(D)
"Minor child" means an individual who is under eighteen
years of age.

(E)
"Parental alienation" means a mental and emotional state in
which, without a valid reason, a minor child does both of the
following:

(1)
Rejects a fit parent, guardian, or legal custodian;

(2)
Allies strongly with another parent or an individual or group of
individuals who do not have legal custody or control over the minor,
sometimes referred to as "chosen family."

(F)
"Political subdivision" means municipal corporations,
townships, counties, school districts, and all other bodies corporate
and politic responsible for governmental activities only in
geographic areas smaller than that of the state. "Political
subdivision" includes a county department of job and family
services or public children services agency.

(G)
"Professional child welfare training" means educational and
training services, materials, and curricula for employees,
contractors, agents, or volunteers who work with at-risk or abused or
neglected children and youth, including educational and training
services, materials, and curricula designed for public children
services agencies, private child placing agencies and any other
foster care or adoption agencies, mental health professionals, school
districts, courts, attorneys, and guardians ad litem.

(H)
"State" means the state of Ohio, including the general
assembly, the supreme court, courts of appeals, the offices of all
elected state officers, and all departments, boards, offices,
commissions, agencies, institutions, and other political subdivisions
or instrumentalities of the state of Ohio, including a state
institution of higher education and any state employee, or any
contractor, volunteer, or other person acting as an agent of the
state.

(I)
"State agency" or "agency" means any organized
agency, board, body, commission, department, institution, office, or
other entity established by the laws of the state for the exercise of
any function of state government, including any state employee, or
any contractor, volunteer, or other person acting as an agent of the
state.

Sec.
3129.11.
In
accordance with section 2151.032 of the Revised Code, no public
children services agency shall entertain or investigate a report of
child abuse or child neglect under section 2151.421 of the Revised
Code if the sole basis for the report is the affirmation of a minor
child's sex by a parent, guardian, legal custodian, or kinship
caregiver. If a report of child abuse or child neglect includes a
claim that a parent, guardian, legal custodian, or kinship caregiver
affirmed a minor child's sex in addition to other claims, the
affirmation of a minor child's sex shall not serve as the basis for
an investigation of a complaint of abuse or neglect under section
2151.27 of the Revised Code or for the removal of the minor child
from the parent, guardian, legal custodian, or kinship caregiver.

Sec.
3129.12.
In
no event shall a parent, guardian, legal custodian, or kinship
caregiver's act of affirming a minor child's sex serve as a basis for
the state or a state agency to do any of the following:

(A)
Prevent the return of a minor child to the minor child's parent,
guardian, legal custodian, or kinship caregiver, including in either
of the following circumstances:

(1)
The parent, guardian, legal custodian, or kinship caregiver has
sought or consented to inpatient or outpatient treatment for the
minor child's self-harm or the risk or threat of self-harm.

(2)
The minor child, while in inpatient or outpatient treatment, has been
referred to or treated in a manner inconsistent with the minor
child's sex.

(B)
Limit the parent, guardian, or legal custodian's authority to make
physical or mental health care decisions for, or have physical access
to, a minor child receiving inpatient or outpatient treatment;

(C)
Limit or waive a parent, guardian, or legal custodian's right to be
informed of and consent to or refuse a minor child's participation in
any research or study.

Sec.
3129.13.
The
state and any state agency shall not require a parent, guardian,
legal custodian, or kinship caregiver to consent to or facilitate
social or medical, including surgical, interventions counter to
affirming a minor child's sex.

Sec.
3129.14.
(A)
It is the public policy of this state that a parent has the
fundamental right to make decisions concerning the upbringing,
education, and care of the parent's minor child, including the right
to affirm the minor child's sex.

(B)
The state and any state agency shall not do any of the following:

(1)
Take any adverse action against a parent, guardian, or legal
custodian for affirming the sex of the parent, guardian, or legal
custodian's minor child;

(2)
Require a parent, guardian, or legal custodian to deny, or to refrain
from affirming, the sex of the parent, guardian, or legal custodian's
minor child;

(3)
Impose any limitations on the right and authority of a parent,
guardian, or legal custodian to make physical or mental health care
decisions for, or have physical access to, the parent, guardian, or
legal custodian's minor child;

(4)
Withhold any information concerning a minor child's mental,
emotional, or physical health or well-being from the minor child's
parent, guardian, or legal custodian, including information related
to the child's claim or request to identify in a way that does not
correspond to the child's sex;

(5)
Directly or indirectly encourage a minor child to withhold
information concerning the minor child's mental, emotional, or
physical health or well-being from the minor child's parent,
guardian, or legal custodian, including information related to the
child's claim or request to identify in a way that does not
correspond to the child's sex;

(6)
Aid or abet a minor child to run away from a fit parent, guardian,
legal custodian, or kinship caregiver;

(7)
Change a minor child's name or pronouns in the child's educational,
medical, or state records without the permission of the minor child's
parent, guardian, or legal custodian.

Sec.
3129.15.
The
state and any state agency shall not do any of the following:

(A)
Take any adverse action against a prospective or current foster
caregiver, adoptive parent, or kinship caregiver for affirming the
sex of a minor child under the prospective or current care of the
caregiver or adoptive parent;

(B)
Deny the placement of a minor child with a prospective or current
foster caregiver, adoptive parent, or kinship caregiver, or remove a
minor child from the custody or care of a foster caregiver, adoptive
parent, or kinship caregiver, solely on the basis of the prospective
or current caregiver or adoptive parent affirming a minor child's
sex;

(C)
Require a prospective or current foster caregiver, adoptive parent,
or kinship caregiver to deny, or to refrain from affirming, the sex
of a minor child under the prospective or current care of the
caregiver or adoptive parent.

Sec.
3129.21.
(A)
The state, any political subdivision thereof, and any state agency
shall not use any state funds or contract with any entity or conduct
any educational or training program for any employees, contractors,
agents, or volunteers of the state or any political subdivision
thereof for training, educational materials, or curricula that
characterize the act of affirming a minor child's sex as abuse,
neglect, creating a risk of abuse or neglect, or creating an unsafe
environment.

(B)
No employee, contractor, agent, or volunteer of the state, any
political subdivision thereof, or any state agency acting in a
supervisory capacity shall, while serving in an official capacity or
using state funds, train any individual serving the state under the
employee, contractor, agent, or volunteer's supervision to
characterize the act of affirming a minor child's sex as abuse,
neglect, creating a risk of abuse or neglect, or creating an unsafe
environment.

(C)
No training of any employee, contractor, agent, or volunteer of the
state, any political subdivision thereof, or any state agency,
including a court appointed special advocate, guardian ad litem,
foster caregiver, and adoptive parent, shall, while serving in a
capacity representing the state or using state funds to carry out
that service, characterize the act of affirming a minor child's sex
as abuse, neglect, creating a risk of abuse or neglect, or creating
an unsafe environment.

Sec.
3129.211.
Any
entity that contracts with the state, any political subdivision
thereof, or a state agency to provide professional child welfare
training for employees, contractors, agents, or volunteers of the
state, any political subdivision thereof, or a state agency shall
provide the following certification as part of the contract:

"[Entity
name] certifies that the organization as well as its employees and
contractors shall, during the term of this contract, while receiving
state funds or carrying out duties as contracted by [the state,
political subdivision, or state agency], provide no instruction,
training, materials, or curricula to any employee, contractor, agent,
or volunteer of the state or any political subdivision thereof
stating or suggesting that:

(1)
The act of affirming a minor's sex constitutes abuse or neglect,
creates a risk of abuse or neglect, or creates an unsafe environment;

(2)
Gender transition for a minor is a sound evidence-based treatment for
gender dysphoria or that gender transition reduces the risk of
suicide in minors struggling with gender dysphoria;

(3)
Psychological and mental health treatment that affirms a child's sex
constitutes conversion therapy; or

(4)
Parents, guardians, legal custodians, and other adult caretakers of
minors place children struggling with gender dysphoria at risk of
self-harm if they affirm the child's sex."

Sec.
3129.22.
(A)
The state, any political subdivision thereof, and any state agency
shall not enter into any contract or use any state funds for any
services, including for training, educational materials, or
programming to minor children, that characterize the act of affirming
a minor child's sex as abuse, neglect, creating a risk of abuse or
neglect, or creating an unsafe environment.

(B)
A violation of this section by any individual or entity with whom the
state or any political subdivision thereof has contracted shall
result in loss of the contract and loss of eligibility for funding or
future contracts.

Sec.
3129.23.
(A)
No state regulatory entity may require as a condition of licensure or
certification that any individual, organization, or agency that works
with minor children refer to or treat a minor child in a manner that
is inconsistent with the minor child's sex or deny care that affirms
a minor child's sex.

(B)
A violation of this section shall result in the loss of the
certification or licensure of the responsible individual.

Sec.
3129.24.
A
parent, guardian, legal custodian, or kinship caregiver's act of
affirming a minor child's sex shall not serve as a basis to withhold
information or require the concealment of information about a minor
child from the minor child's parent, guardian, legal custodian, or
kinship caregiver in any policy or action implemented by the state or
any political subdivision thereof, including any employee,
contractor, agent, or volunteer of the state or political subdivision
thereof.

Sec.
3129.25.
(A)
No employee, contractor, agent, or volunteer of the state or any
political subdivision thereof shall, in the course of the
individual's actions or work involving minor children, be required to
deny or not affirm a minor child's sex.

(B)
The state or any political subdivision thereof shall not engage in
retaliatory action in relation to the act of affirming a minor
child's sex by an employee, contractor, agent, or volunteer.

Sec.
3129.26.
The
state, any political subdivision thereof, any state agency, or any
employee, agent, contractor, or volunteer thereof, shall not do any
of the following on behalf of the state or with state funds:

(A)
Solicit personal information or statements from a minor related to
the minor child's perception of the minor child's sexual orientation
or gender identity, without the express written permission of the
minor child's parent, guardian, or legal custodian or a court order;

(B)
Establish or maintain a system of surveillance or monitoring of
parents, guardians, legal custodians, and kinship caregivers on the
basis of a parent, guardian, legal custodian, or kinship caregiver
affirming a minor child's sex, including any database of parents,
guardians, legal custodians, or kinship caregivers or other system
that compiles and stores such information;

(C)
Establish or maintain a system of surveillance or monitoring of minor
children on the basis of a minor child's perception of the minor
child's sexual orientation or gender identity, including any database
of minor children or other similar system that compiles and stores
such information, with the exception of legal research settings if
express written permission has been obtained from a minor child's
parent, guardian, or legal custodian;

(D)
Require or solicit a minor child to submit to a survey, analysis, or
evaluation that reveals information concerning the minor child's sex,
behavior, attitudes, orientation, or perceived identity without the
prior written consent of the minor child's parent, guardian, or legal
custodian or a court order.

Sec.
3129.30.
The
following certifications and reports shall be provided to the
governor, the general assembly, and the attorney general and be made
available in a publicly accessible document at the end of each fiscal
year:

(A)
The director of children and youth shall certify compliance with
sections 3129.14, 3129.15, and 3129.24 of the Revised Code.

(B)
The director of administrative services shall do both of the
following:

(1)
Report any loss of contracts as a result of a violation of section
3129.22 of the Revised Code;

(2)
Certify compliance with section 3129.25 of the Revised Code.

(C)
Each state agency, court, state institution of higher education,
county department of job and family services, and public children
services agency that conducts educational or training programs
related to working with minor children or oversees such training
shall certify compliance with section 3129.21 of the Revised Code.

(D)
Each board, commission, or agency created under or by virtue of Title
XLVII of the Revised Code and such other boards, commissions, and
agencies as the director of the legislative service commission
determines are regulating occupations and professions shall certify
that all certifications, accreditations, and licenses have complied
with section 3129.23 of the Revised Code.

Sec.
3129.301.
Each
state agency that is required to provide certification under section
3129.30 of the Revised Code shall adopt rules under Chapter 119. of
the Revised Code to implement the certification requirements,
including mechanisms for establishing reporting requirements to the
agency in order to fulfill the agency's requirements under section
3129.30 of the Revised Code.

Sec.
3129.35.
(A)
A parent, guardian, legal custodian, or minor child or an employee,
contractor, agent, or volunteer of the state or any political
subdivision thereof may initiate a private cause of action against
any employee, contractor, agent, or volunteer of the state, agency,
institution, or entity that violates section 3129.11, 3129.12,
3129.13, 3129.14, 3129.15, 3129.21, 3129.24, 3129.25, 3129.26, or
3129.30 of the Revised Code if the violation pertains to that
individual.

(B)
The court may award damages and equitable relief as determined to be
justified, as well as reasonable attorney's fees and court costs, to
a parent, guardian, legal custodian, or minor child, or to an
employee, contractor, agent, or volunteer of the state, agency,
institution, or entity that prevails in an action under division (A)
of this section.

Sec.
3129.351.
Notwithstanding
any other provision of the Revised Code, the state and any political
subdivision thereof waives its immunity from liability and consents
to be sued, and have its liability determined, in any court of
competent jurisdiction in accordance with the same rules of law
otherwise applicable to suits between private parties in any private
cause of action initiated under division (A) of section 3129.35 of
the Revised Code.

Sec.
4743.15.
Each
board, commission, or agency created under or by virtue of Title
XLVII of the Revised Code and such other boards, commissions, and
agencies as the director of the legislative service commission
determines are regulating occupations and professions shall comply
with section 3129.23 of the Revised Code.

Section
2.
That
existing sections 2151.412, 2151.426, 3109.04, 3109.054, and 3129.01
of the Revised Code are hereby repealed.

Section
3.
(A)
It is the intent of the General Assembly to maintain the
long-established constitutional rights of parents to raise, protect,
and nurture their children, and to protect children, families, and
those who work with them from the harms of wrongful determinations of
abuse.

(B)
The General Assembly hereby finds and declares all of the following:

Parents
possess by law the fundamental right to raise their children and by
nature and nurture the greatest love and knowledge of that child.

The
Fourteenth Amendment of the United States Constitution protects the
right of parents to direct the care, upbringing, education, and
welfare of their children.

The
Supreme Court of the United States has held that "the Due
Process Clause does not permit a State to infringe on the fundamental
right of parents to make childrearing decisions simply because a
state judge believes a 'better' decision could be made."
Troxel
v. Granville
,
530 U.S. 57, at 72-73 (plurality op.).

The
Supreme Court has recognized that a state's notion of what may be
"thought to be in the children's best interest," without
some "showing of unfitness" on the part of parents, offends
the Due Process Clause of the Constitution.
Quilloin
v. Walcott
,
434 U.S. 246, 255 (1978).

The
Supreme Court has held that "[t]he statist notion that
governmental power should supersede parental authority in all cases
because some parents abuse and neglect children is repugnant to
American tradition.
Simply
because the decision of a parent is not agreeable to a child or
because it involves risks does not automatically transfer the power
to make that decision from the parents to some agency or officer of
the state.
"

Parham
v. J.R.
,
442 U.S. 584, 603 (1979).

A
parent's fundamental right to direct the care and upbringing of his
or her child includes raising, treating, referring to, and caring for
the child in a manner consistent with the child's sex.

It
is contrary to the best interests of children for the state to remove
a child from fit and loving parents simply for raising the child in a
manner consistent with the child's biological sex.

State
child protection systems have wrongfully removed children from the
custody of fit and loving parents for refraining from social measures
or from medical or surgical procedures that attempt to affirm a
child's feelings of incongruence with the child's biological sex.

Child
gender transition is an experimental, high-risk process which can
turn a physically healthy child into a lifelong medical patient. As
established in multiple systematic evidence reviews, including a
report published by the United States Department of Health and Human
Services in 2025 entitled "Treatment for Pediatric Gender
Dysphoria: Review of Evidence and Best Practices" and a report
published in 2024 that was commissioned by National Health Service
England and National Health Service Improvement entitled "Cass
Review," child gender transition is not supported by
evidenced-based medicine or science.

The
concept of a gender identity, often defined circularly as "an
internal sense of gender," or an "authentic self"
dissociated from biological reality is neither scientific nor
evidence-based, but a dubious metaphysical premise grounded in
tendentious gender ideology.

No
sound scientific evidence justifies pediatric gender transition, much
less removal of a child by the state from the child's parents for the
purpose of enforcing such a transition.

Removing
a child from the child's home and family creates trauma for the child
and damages familial bonds.

Except
in cases of actual abuse, neglect, or endangerment, removing a child
from the child's home exposes the child to greater risks in state
care, including well-documented, vastly higher rates of lifelong harm
from sexual assault, human trafficking, and drug use.

A
growing number of educational and professional institutions wrongly
train personnel of legal and child protection systems to treat as
abuse a parent's choice to refrain from social, medical, or surgical
procedures that affirm a child's feelings of incongruence with the
child's biological sex.

A
growing number of certification, licensing, and accreditation bodies
for health care, legal, and social work professionals wrongly require
adherence to the unquestioning and precipitous gender transition of
children.

A
growing number of individuals and organizations working with children
in legal, educational, and health care settings act in ways that
alienate children from the children's parents and families, and from
the children's parents' and families' sincerely held convictions and
religious beliefs.

Parental
alienation is a well-documented cause of emotional distress and
trauma in children, and is contrary to the best interest of the
child.

It
is contrary to sound policy and to the best interest of a child under
the custody of the state to bar individuals from fostering or
adopting children solely on the grounds of moral convictions and
religious beliefs concerning sexuality and biological sex. Thousands
of such families have been barred by states from fostering or
adopting children, thus depriving children in desperate need of safe
and loving homes.

Histories
of trauma and abuse correlate strongly with dissociative beliefs. It
is contrary to the best interest of a child victim in the custody of
the state to limit foster care or adoptive placement to families who
will reinforce a child's dissociation from the child's body.

No
child should be reduced to the child's feelings about the child's
body, but should be supported in addressing confusion and distress in
a manner that does not harm the child.

Protecting
a child's development, health, bodily integrity, and open future is
of paramount importance and constitutes a legitimate state interest.

Raising
a girl as a girl or a boy as a boy is never abuse.

Section
4.
Sections
3129.10 to 3129.351 of the Revised Code, as enacted by this act,
shall be known as the Affirming Families First Act.