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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 713
2025-2026
Representatives Somani, Hoops
Cosponsors: Representatives Sigrist,
Brennan, Lett
To
amend sections 3107.011, 3107.99, 5103.03, 5103.17, and 5103.99 and
to enact section 2307.68 of the Revised Code
regarding
adoption advertising and facilitation.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 3107.011, 3107.99, 5103.03, 5103.17, and 5103.99 be amended
and section 2307.68 of the Revised Code be enacted to read as
follows:
Sec.
2307.68.
(A)
A person or entity that brings a civil action pursuant to division
(A) of section 2307.60 of the Revised Code to recover damages from
any person or entity that caused injury to person or property by
violating division (B) or (C) of section 3107.011 or section 5103.17
of the Revised Code may recover damages of not less than five
thousand dollars for each violation, punitive damages, and reasonable
attorney's fees.
(B)
As used in this section, "entity" has the same meaning as
in section 1745.05 of the Revised Code.
Sec.
3107.011.
(A)
Except for an adoption by a stepparent, a grandparent, adult sibling,
a legal custodian, or a guardian, a person seeking to adopt a minor
shall utilize an agency or attorney to arrange the adoption. Only an
agency or attorney may arrange an adoption. An attorney may not
represent with regard to the adoption both the person seeking to
adopt and the parent placing a child for adoption. As used in this
chapter, "grandparent," "adult sibling," "legal
custodian," and "guardian" include that individual's
spouse when a joint adoption is pending.
(B)
No person or entity other than an agency or attorney shall provide or
offer to provide any direct or indirect service to aid or promote an
adoption for direct or indirect compensation.
(C)
No agency or attorney shall refer clients to either of the following:
(1)
An out-of-state person or entity that offers services prohibited
under this section or section 5103.17 of the Revised Code;
(2)
A person or entity in this state that is not certified under section
5103.03 of the Revised Code or offers services prohibited under this
section or section 5103.17 of the Revised Code.
Any
(D)
Nothing in this section shall be construed as limiting any
person
may
from
informally
aid
aiding
or
promote
promoting
an
adoption
,
without
receiving or requesting direct or indirect compensation,
by
making a person seeking to adopt a minor aware of a minor who will be
or is available for adoption.
(B)
(E)
A person seeking to adopt a minor who knowingly makes a false
statement that is included in an application submitted to an agency
or attorney to obtain services of that agency or attorney in
arranging an adoption is guilty of the offense of falsification under
section 2921.13 of the Revised Code.
(F)
As used in this section, "entity" has the same meaning as
in section 1745.05 of the Revised Code.
Sec.
3107.99.
(A)
Whoever
violates division (B)(1) of section 3107.17 of the Revised Code is
guilty of a misdemeanor of the third degree.
(B)(1)
Whoever knowingly violates division (B) of section 3107.011 of the
Revised Code is guilty of a felony of the fifth degree. The court
shall sentence the offender under Chapter 2929. of the Revised Code,
except that, notwithstanding the conventional fines specified for
felonies in section 2929.18 of the Revised Code, the court shall
impose a fine of not less than fifteen thousand and not more than
thirty thousand dollars.
(2)
Whoever knowingly violates division (C) of section 3107.011 of the
Revised Code is guilty of a misdemeanor of the first degree.
Sec.
5103.03.
(A)
The director of children and youth shall adopt rules as necessary for
the adequate and competent management and certification of
institutions or associations. The director shall ensure that foster
care home study rules adopted under this section align any home study
content, time period, and process with any home study content, time
period, and process required by rules adopted under section 3107.033
of the Revised Code.
(B)(1)
Except for facilities under the control of the department of youth
services, places of detention for children established and maintained
pursuant to sections 2152.41 to 2152.44 of the Revised Code, and
child care centers subject to Chapter 5104. of the Revised Code, the
department of children and youth shall pass upon the fitness of every
institution and association that receives, or desires to receive and
care for children, or places children in private homes, at a
frequency established by rules adopted under division (A) of this
section.
(2)
When the department of children and youth is satisfied as to the care
given such children, and that the requirements of the statutes and
rules covering the management of such institutions and associations
are being complied with, it shall issue to the institution or
association a certificate to that effect. A certificate is valid for
a length of time determined by rules adopted under division (A) of
this section. When determining whether an institution or association
meets a particular requirement for certification, the department may
consider the institution or association to have met the requirement
if the institution or association shows to the department's
satisfaction that it has met a comparable requirement to be
accredited by a nationally recognized accreditation organization.
(3)
The department may issue a temporary certificate valid for less than
one year authorizing an institution or association to operate until
minimum requirements have been met.
(4)
An institution or association that knowingly makes a false statement
that is included as a part of certification under this section is
guilty of the offense of falsification under section 2921.13 of the
Revised Code and the department shall not certify that institution or
association.
(5)
The department shall not issue a certificate to a prospective foster
home or prospective specialized foster home pursuant to this section
if the prospective foster home or prospective specialized foster home
operates as a type A family child care home pursuant to Chapter 5104.
of the Revised Code. The department shall not issue a certificate to
a prospective specialized foster home if the prospective specialized
foster home operates a type B family child care home pursuant to
Chapter 5104. of the Revised Code.
(C)
The department may revoke a certificate pursuant to an adjudication
under Chapter 119. of the Revised Code if it finds that the
institution or association is in violation of law or rule. No
juvenile court shall commit a child to an association or institution
that is required to be certified under this section if its
certificate has been revoked or, if after revocation, the date of
reissue is less than fifteen months prior to the proposed commitment.
(D)
On a frequency specified by the department by rules adopted under
division (A) of this section, each institution or association
desiring certification shall submit to the department a report
showing its condition, management, competency to care adequately for
the children who have been or may be committed to it or to whom it
provides care or services, the system of visitation it employs for
children placed in private homes, and other information the
department requires.
(E)
The department shall, not less than once each year, send a list of
certified institutions and associations to each juvenile court and
certified association or institution.
(F)
No person shall receive children or receive or solicit money on
behalf of such an institution or association not so certified or
whose certificate has been revoked.
(G)(1)
The director may delegate by rule any duties imposed on it by this
section to inspect and approve family foster homes and specialized
foster homes to public children services agencies, private child
placing agencies, or private noncustodial agencies.
(2)
The director shall adopt rules that require a foster caregiver or
other individual certified to operate a foster home under this
section to notify the recommending agency that the foster caregiver
or other individual is licensed to operate a type B family child care
home under Chapter 5104. of the Revised Code.
(H)
If the director of children and youth determines that an institution
or association that cares for children is operating without a
certificate, the director may petition the court of common pleas in
the county in which the institution or association is located for an
order enjoining its operation. The court shall grant injunctive
relief upon a showing that the institution or association is
operating without a certificate.
(I)
If both of the following are the case, the director of children and
youth may petition the court of common pleas of any county in which
an institution or association that holds a certificate under this
section operates for an order, and the court may issue an order,
preventing the institution or association from receiving additional
children into its care or an order removing children from its care:
(1)
The department has evidence that the life, health, or safety of one
or more children in the care of the institution or association is at
imminent risk.
(2)
The department has issued a proposed adjudication order pursuant to
Chapter 119. of the Revised Code to revoke the certificate of the
institution or association.
(J)
The department shall not certify a private child placing agency or
private noncustodial agency under this section unless the agency
operates as a nonprofit.
Sec.
5103.17.
(A)
As used in this section:
(1)
"Advertise" means a method of
promotion
or
communication
that is electronic, written, visual, or oral and made by means of
personal representation, newspaper, magazine, circular, billboard,
direct mailing, sign, radio, television, telephone,
internet,
print,
or
otherwise
any
other medium for the provision of any service to aid or promote an
adoption for direct or indirect compensation by a person or entity
other than a private child placing agency or private noncustodial
agency certified by the department of children and youth under
section 5103.03 of the Revised Code or a public children services
agency
.
(2)
"Interested
party" means any person or entity directly affected by a
violation of this section, including prospective adoptive parents and
birth parents.
(3)
"Qualified
adoptive parent" means a person who is eligible to adopt a child
under section 3107.03 of the Revised Code and for whom an assessor
has conducted a home study to determine whether the person is
suitable to adopt a child, if required by section 3107.031 of the
Revised Code.
(B)
Subject to section 5103.16 of the Revised Code and to division (C)
,
(D), or (E)
of this section, no person or government entity, other than a private
child placing agency or private noncustodial agency certified by the
department of children and youth under section 5103.03 of the Revised
Code or a public children services agency, shall advertise that the
person or government entity will adopt children or place them in
foster homes, hold out inducements to parents to part with their
offspring or in any manner knowingly become a party to the separation
of a child from the child's parents or guardians, except through a
juvenile court or probate court commitment.
(C)
The
biological parent of a child may advertise the availability for
placement of the parent's child for adoption to a qualified adoptive
parent.
(D)
A qualified adoptive parent may advertise that the qualified adoptive
parent is available for placement of a child into the qualified
adoptive parent's care for the purpose of adopting the child.
(E)
A
government entity may advertise about its role in the placement of
children for adoption or any other information that would be relevant
to qualified adoptive parents.
(F)
(D)
Except as provided in section 3107.055 of the Revised Code, the
following apply:
(1)
No person shall offer money or anything of value in exchange for
placement of a child for adoption.
(2)
No biological parent may request money or anything of value in
exchange for placement for adoption of the parent's child with a
qualified adoptive parent.
(G)
(E)(1)
Any
person, including an interested party, who has reasonable cause to
believe a violation of this section has been committed may bring a
civil action for injunctive relief.
(2)
If
the department of children and youth has reasonable cause to believe
a violation of this section has been committed, the department shall
notify the attorney general or the county prosecutor, city attorney,
village solicitor, or other chief legal officer of the political
subdivision in which the violation has allegedly occurred. On receipt
of the notification, the attorney general, county prosecutor, city
attorney, village solicitor, or other chief legal officer shall take
action to enforce this section through injunctive relief
,
restitution, or other equitable relief
or criminal charge.
Sec.
5103.99.
(A)
Whoever violates section 5103.03 of the Revised Code shall be fined
not less than five hundred nor more than one thousand dollars.
(B)
Whoever violates section 5103.15
,
or
5103.16
,
or 5103.17
of the Revised Code shall be fined not less than five hundred nor
more than one thousand dollars or imprisoned not more than six
months, or both.
(C)
Whoever negligently violates section 5103.17 of the Revised Code is
guilty of a felony of the fifth degree. The court shall sentence the
offender under Chapter 2929. of the Revised Code, except that,
notwithstanding the conventional fines specified for felonies in
section 2929.18 of the Revised Code, the court shall impose a fine of
not less than five thousand and not more than fifteen thousand
dollars.
Section
2.
That
existing sections 3107.011, 3107.99, 5103.03, 5103.17, and 5103.99 of
the Revised Code are hereby repealed.