Regards minor siblings’ companionship, visitation rights

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 806

2025-2026

Representative Bird

To
amend sections 2705.031, 3107.15, 3109.05, 3109.051, 3113.31, and
5153.16 and to enact section 3109.111 of the Revised Code
regarding
minor siblings seeking companionship or visitation rights with minor
siblings.

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

Section
1.
That
sections 2705.031, 3107.15, 3109.05, 3109.051, 3113.31, and 5153.16
be amended and section 3109.111 of the Revised Code be enacted to
read as follows:

Sec.
2705.031.
(A)
As used in this section, "Title IV-D case" has the same
meaning as in section 3125.01 of the Revised Code.

(B)(1)
Any party who has a legal claim to any support ordered for a child,
spouse, or former spouse may initiate a contempt action for failure
to pay the support. In Title IV-D cases, the contempt action for
failure to pay support also may be initiated by an attorney retained
by the party who has the legal claim, the prosecuting attorney, or an
attorney of the department of job and family services or the child
support enforcement agency.

(2)
Any parent who is granted parenting time rights under a parenting
time order or decree issued pursuant to section 3109.051 or 3109.12
of the Revised Code, any person who is granted visitation rights
under a visitation order or decree issued pursuant to section
3109.051, 3109.11,
3109.111,

or
3109.12 of the Revised Code or pursuant to any other provision of the
Revised Code, or any other person who is subject to any parenting
time or visitation order or decree, may initiate a contempt action
for a failure to comply with, or an interference with, the order or
decree.

(C)
In any contempt action initiated pursuant to division (B) of this
section, the accused shall appear upon the summons and order to
appear that is issued by the court. The summons shall include all of
the following:

(1)
Notice that failure to appear may result in the issuance of an order
of arrest, and in cases involving alleged failure to pay support, the
issuance of an order for the payment of support by withholding an
amount from the personal earnings of the accused or by withholding or
deducting an amount from some other asset of the accused;

(2)
Notice that the accused has a right to counsel, and that if indigent,
the accused must apply for a public defender or court appointed
counsel within three business days after receipt of the summons;

(3)
Notice that the court may refuse to grant a continuance at the time
of the hearing for the purpose of the accused obtaining counsel, if
the accused fails to make a good faith effort to retain counsel or to
obtain a public defender;

(4)
Notice of the potential penalties that could be imposed upon the
accused, if the accused is found guilty of contempt for failure to
pay support or for a failure to comply with, or an interference with,
a parenting time or visitation order or decree;

(5)
Notice that the court may grant limited driving privileges under
section 4510.021 of the Revised Code pursuant to a request made by
the accused, if the driver's license was suspended based on a notice
issued pursuant to section 3123.54 of the Revised Code by the child
support enforcement agency and if the request is accompanied by a
recent noncertified copy of a driver's abstract from the registrar of
motor vehicles.

(D)
If the accused is served as required by the Rules of Civil Procedure
or by any special statutory proceedings that are relevant to the
case, the court may order the attachment of the person of the accused
upon failure to appear as ordered by the court.

(E)
The imposition of any penalty for contempt under section 2705.05 of
the Revised Code shall not eliminate any obligation of the accused to
pay any past, present, or future support obligation or any obligation
of the accused to comply with or refrain from interfering with the
parenting time or visitation order or decree. The court shall have
jurisdiction to make a finding of contempt for the failure to pay
support and to impose the penalties set forth in section 2705.05 of
the Revised Code in all cases in which past due support is at issue
even if the duty to pay support has terminated, and shall have
jurisdiction to make a finding of contempt for a failure to comply
with, or an interference with, a parenting time or visitation order
or decree and to impose the penalties set forth in section 2705.05 of
the Revised Code in all cases in which the failure or interference is
at issue even if the parenting time or visitation order or decree no
longer is in effect.

Sec.
3107.15.
(A)
A final decree of adoption and an interlocutory order of adoption
that has become final as issued by a court of this state, or a decree
issued by a jurisdiction outside this state as recognized pursuant to
section 3107.18 of the Revised Code, shall have the following effects
as to all matters within the jurisdiction or before a court of this
state, whether issued before or after May 30, 1996:

(1)(a)
Except with respect to a spouse of the petitioner and relatives of
the spouse, to relieve the biological or other legal parents of the
adopted person of all parental rights and responsibilities, and to
terminate all legal relationships between the adopted person and the
adopted person's relatives, including the adopted person's biological
or other legal parents, so that, except as provided under division
(A)(1)(b) of this section, the adopted person thereafter is a
stranger to the adopted person's former relatives for all purposes
including inheritance and the interpretation or construction of
documents, statutes, and instruments, whether executed before or
after the adoption is decreed, which do not expressly include the
person by name or by some designation not based on a parent and child
or blood relationship;

(b)
The legal parents of an adopted person may be notified that a sibling
of the adopted person has been placed into out-of-home care. For the
purposes of this division, "sibling" means a former
biological sibling, former legal sibling, or any person who would
have been considered a sibling if not for a termination or other
disruption of parental rights.

(2)
To create the relationship of parent and child between petitioner and
the adopted person, as if the adopted person were a legitimate blood
descendant of the petitioner, for all purposes including inheritance
and applicability of statutes, documents, and instruments, whether
executed before or after the adoption is decreed, and whether
executed or created before or after May 30, 1996, which do not
expressly exclude an adopted person from their operation or effect;

(3)
Notwithstanding division (A)(2) of this section, a person who is
eighteen years of age or older at the time the person is adopted, and
the adopted person's lineal descendants, are not included as
recipients of gifts, devises, bequests, or other transfers of
property, including transfers in trust made to a class of persons
including, but not limited to, children, grandchildren, heirs, issue,
lineal descendants, and next of kin, for purposes of inheritance and
applicability of statutes, documents, and instruments, whether
executed or created before or after May 30, 1996, unless the document
or instrument expressly includes the adopted person by name or
expressly states that it includes a person who is eighteen years of
age or older at the time the person is adopted.

(B)
Notwithstanding division (A) of this section, if a parent of a child
dies without the relationship of parent and child having been
previously terminated and a spouse of the living parent thereafter
adopts the child, the child's rights from or through the deceased
parent for all purposes, including inheritance and applicability or
construction of documents, statutes, and instruments, are not
restricted or curtailed by the adoption.

(C)
Notwithstanding division (A) of this section, if the relationship of
parent and child has not been terminated between a parent and that
parent's child and a spouse of the other parent of the child adopts
the child, a grandparent's or relative's right to companionship or
visitation pursuant to section 3109.11

or 3109.111

of the Revised Code is not restricted or curtailed by the adoption.

(D)
An interlocutory order of adoption, while it is in force, has the
same legal effect as a final decree of adoption. If an interlocutory
order of adoption is vacated, it shall be as though void from its
issuance, and the rights, liabilities, and status of all affected
persons that have not become vested are governed accordingly.

Sec.
3109.05.
(A)(1)
In a divorce, dissolution of marriage, legal separation, or child
support proceeding, the court may order either or both parents to
support or help support their children, without regard to marital
misconduct. In determining the amount reasonable or necessary for
child support, including the medical needs of the child, the court
shall comply with Chapter 3119. of the Revised Code.

(2)
The court, in accordance with Chapter 3119. of the Revised Code,
shall include in each support order made under this section the
requirement that one or both of the parents provide for the health
care needs of the child to the satisfaction of the court, and the
court shall include in the support order a requirement that all
support payments be made through the office of child support in the
department of job and family services.

(3)
The court shall comply with Chapters 3119., 3121., 3123., and 3125.
of the Revised Code when it makes or modifies an order for child
support under this section.

(B)
The juvenile court has exclusive jurisdiction to enter the orders in
any case certified to it from another court.

(C)
If any person required to pay child support under an order made under
division (A) of this section on or after April 15, 1985, or modified
on or after December 1, 1986, is found in contempt of court for
failure to make support payments under the order, the court that
makes the finding, in addition to any other penalty or remedy
imposed, shall assess all court costs arising out of the contempt
proceeding against the person and require the person to pay any
reasonable attorney's fees of any adverse party, as determined by the
court, that arose in relation to the act of contempt and, on or after
July 1, 1992, shall assess interest on any unpaid amount of child
support pursuant to section 3123.17 of the Revised Code.

(D)
The court shall not authorize or permit the escrowing, impoundment,
or withholding of any child support payment ordered under this
section or any other section of the Revised Code because of a denial
of or interference with a right of parenting time granted to a parent
in an order issued under this section or section 3109.051 or 3109.12
of the Revised Code or companionship or visitation granted in an
order issued under this section, section 3109.051, 3109.11,
3109.111,

3109.12,
or any other section of the Revised Code, or as a method of enforcing
the specific provisions of any such order dealing with parenting time
or visitation.

Sec.
3109.051.
(A)
If a divorce, dissolution, legal separation, or annulment proceeding
involves a child and if the court has not issued a shared parenting
decree, the court shall consider any mediation report filed pursuant
to section 3109.052 of the Revised Code and, in accordance with
division (C) of this section, shall make a just and reasonable order
or decree permitting each parent who is not the residential parent to
have parenting time with the child at the time and under the
conditions that the court directs, unless the court determines that
it would not be in the best interest of the child to permit that
parent to have parenting time with the child and includes in the
journal its findings of fact and conclusions of law. Whenever
possible, the order or decree permitting the parenting time shall
ensure the opportunity for both parents to have frequent and
continuing contact with the child, unless frequent and continuing
contact by either parent with the child would not be in the best
interest of the child. The court shall include in its final decree a
specific schedule of parenting time for that parent. Except as
provided in division (E)(6) of section 3113.31 of the Revised Code,
if the court, pursuant to this section, grants parenting time to a
parent or companionship or visitation rights to any other person with
respect to any child, it shall not require the public children
services agency to provide supervision of or other services related
to that parent's exercise of parenting time or that person's exercise
of companionship or visitation rights with respect to the child. This
section does not limit the power of a juvenile court pursuant to
Chapter 2151. of the Revised Code to issue orders with respect to
children who are alleged to be abused, neglected, or dependent
children or to make dispositions of children who are adjudicated
abused, neglected, or dependent children or of a common pleas court
to issue orders pursuant to section 3113.31 of the Revised Code.

(B)(1)
In a divorce, dissolution of marriage, legal separation, annulment,
or child support proceeding that involves a child, the court may
grant reasonable companionship or visitation rights to any
grandparent, any person related to the child by consanguinity or
affinity, or any other person other than a parent, if all of the
following apply:

(a)
The grandparent, relative, or other person files a motion with the
court seeking companionship or visitation rights.

(b)
The court determines that the grandparent, relative, or other person
has an interest in the welfare of the child.

(c)
The court determines that the granting of the companionship or
visitation rights is in the best interest of the child.

(2)
A motion may be filed under division (B)(1) of this section during
the pendency of the divorce, dissolution of marriage, legal
separation, annulment, or child support proceeding or, if a motion
was not filed at that time or was filed at that time and the
circumstances in the case have changed, at any time after a decree or
final order is issued in the case.

(C)
When determining whether to grant parenting time rights to a parent
pursuant to this section or section 3109.12 of the Revised Code or to
grant companionship or visitation rights to a grandparent, relative,
or other person pursuant to this section or section 3109.11
,
3109.111,

or 3109.12 of the Revised Code, when establishing a specific
parenting time or visitation schedule, and when determining other
parenting time matters under this section or section 3109.12 of the
Revised Code or visitation matters under this section or section
3109.11
,
3109.111,

or 3109.12 of the Revised Code, the court shall consider any
mediation report that is filed pursuant to section 3109.052 of the
Revised Code and shall consider all other relevant factors,
including, but not limited to, all of the factors listed in division
(D) of this section. In considering the factors listed in division
(D) of this section for purposes of determining whether to grant
parenting time or visitation rights, establishing a specific
parenting time or visitation schedule, determining other parenting
time matters under this section or section 3109.12 of the Revised
Code or visitation matters under this section or under section
3109.11
,
3109.111,

or 3109.12 of the Revised Code, and resolving any issues related to
the making of any determination with respect to parenting time or
visitation rights or the establishment of any specific parenting time
or visitation schedule, the court, in its discretion, may interview
in chambers any or all involved children regarding their wishes and
concerns. If the court interviews any child concerning the child's
wishes and concerns regarding those parenting time or visitation
matters, 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. No person shall obtain or attempt to obtain from a child a
written or recorded statement or affidavit setting forth the wishes
and concerns of the child regarding those parenting time or
visitation matters. A court, in considering the factors listed in
division (D) of this section for purposes of determining whether to
grant any parenting time or visitation rights, establishing a
parenting time or visitation schedule, determining other parenting
time matters under this section or section 3109.12 of the Revised
Code or visitation matters under this section or under section
3109.11
,
3109.111,

or 3109.12 of the Revised Code, or resolving any issues related to
the making of any determination with respect to parenting time or
visitation rights or the establishment of any specific parenting time
or visitation schedule, shall not accept or consider a written or
recorded statement or affidavit that purports to set forth the
child's wishes or concerns regarding those parenting time or
visitation matters.

(D)
In determining whether to grant parenting time to a parent pursuant
to this section or section 3109.12 of the Revised Code or
companionship or visitation rights to a grandparent, relative, or
other person pursuant to this section or section 3109.11
,
3109.111,

or 3109.12 of the Revised Code, in establishing a specific parenting
time or visitation schedule, and in determining other parenting time
matters under this section or section 3109.12 of the Revised Code or
visitation matters under this section or section 3109.11
,
3109.111,

or 3109.12 of the Revised Code, the court shall consider all of the
following factors:

(1)
The prior interaction and interrelationships of the child with the
child's parents, siblings, and other persons related by consanguinity
or affinity, and with the person who requested companionship or
visitation if that person is not a parent, sibling, or relative of
the child;

(2)
The geographical location of the residence of each parent and the
distance between those residences, and if the person is not a parent,
the geographical location of that person's residence and the distance
between that person's residence and the child's residence;

(3)
The child's and parents' available time, including, but not limited
to, each parent's employment schedule, the child's school schedule,
and the child's and the parents' holiday and vacation schedule;

(4)
The age of the child;

(5)
The child's adjustment to home, school, and community;

(6)
If the court has interviewed the child in chambers, pursuant to
division (C) of this section, regarding the wishes and concerns of
the child as to parenting time by the parent who is not the
residential parent or companionship or visitation by the grandparent,
relative, or other person who requested companionship or visitation,
as to a specific parenting time or visitation schedule, or as to
other parenting time or visitation matters, the wishes and concerns
of the child, as expressed to the court;

(7)
The health and safety of the child;

(8)
The amount of time that will be available for the child to spend with
siblings;

(9)
The mental and physical health of all parties;

(10)
Each parent's willingness to reschedule missed parenting time and to
facilitate the other parent's parenting time rights, and with respect
to a person who requested companionship or visitation, the
willingness of that person to reschedule missed visitation;

(11)
In relation to parenting time, whether 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 the adjudication; 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;

(12)
In relation to requested companionship or visitation by a person
other than a parent, whether the person 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 the person, 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 the adjudication; whether either parent previously has been
convicted of or pleaded guilty to a violation of section 2919.25 of
the Revised Code 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 previously
has been convicted of an 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 the person has acted in a
manner resulting in a child being an abused child or a neglected
child;

(13)
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;

(14)
Whether either parent has established a residence or is planning to
establish a residence outside this state;

(15)
In relation to requested companionship or visitation by a person
other than a parent, the wishes and concerns of the child's parents,
as expressed by them to the court;

(16)
Any other factor in the best interest of the child.

(E)
The remarriage of a residential parent of a child does not affect the
authority of a court under this section to grant parenting time
rights with respect to the child to the parent who is not the
residential parent or to grant reasonable companionship or visitation
rights with respect to the child to any grandparent, any person
related by consanguinity or affinity, or any other person.

(F)(1)
If the court, pursuant to division (A) of this section, denies
parenting time to a parent who is not the residential parent or
denies a motion for reasonable companionship or visitation rights
filed under division (B) of this section and the parent or movant
files a written request for findings of fact and conclusions of law,
the court shall state in writing its findings of fact and conclusions
of law in accordance with Civil Rule 52.

(2)
On or before July 1, 1991, each court of common pleas, by rule, shall
adopt standard parenting time guidelines. A court shall have
discretion to deviate from its standard parenting time guidelines
based upon factors set forth in division (D) of this section.

(G)(1)
If the residential parent intends to move to a residence other than
the residence specified in the parenting time order or decree of the
court, the parent shall file a notice of intent to relocate with the
court that issued the order or decree. Except as provided in
divisions (G)(2), (3), and (4) of this section, the court shall send
a copy of the notice to the parent who is not the residential parent.
Upon receipt of the notice, the court, on its own motion or the
motion of the parent who is not the residential parent, may schedule
a hearing with notice to both parents to determine whether it is in
the best interest of the child to revise the parenting time schedule
for the child.

(2)
When a court grants parenting time rights to a parent who is not the
residential parent, the court shall determine whether that parent has
been convicted of or pleaded guilty to a violation of section 2919.25
of the Revised Code 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 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 that parent has not been so convicted and has not
been determined to be the perpetrator of an abusive act that is the
basis of a child abuse adjudication, the court shall issue an order
stating that a copy of any notice of relocation that is filed with
the court pursuant to division (G)(1) of this section will be sent to
the parent who is given the parenting time rights in accordance with
division (G)(1) of this section.

If
the court determines that the parent who is granted the parenting
time rights has been convicted of or pleaded guilty to a violation of
section 2919.25 of the Revised Code 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 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 shall
issue an order stating that that parent will not be given a copy of
any notice of relocation that is filed with the court pursuant to
division (G)(1) of this section unless the court determines that it
is in the best interest of the children to give that parent a copy of
the notice of relocation, issues an order stating that that parent
will be given a copy of any notice of relocation filed pursuant to
division (G)(1) of this section, and issues specific written findings
of fact in support of its determination.

(3)
If a court, prior to April 11, 1991, issued an order granting
parenting time rights to a parent who is not the residential parent
and did not require the residential parent in that order to give the
parent who is granted the parenting time rights notice of any change
of address and if the residential parent files a notice of relocation
pursuant to division (G)(1) of this section, the court shall
determine if the parent who is granted the parenting time rights has
been convicted of or pleaded guilty to a violation of section 2919.25
of the Revised Code 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 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 the parent who is granted the parenting time rights
has not been so convicted and has not been determined to be the
perpetrator of an abusive act that is the basis of a child abuse
adjudication, the court shall issue an order stating that a copy of
any notice of relocation that is filed with the court pursuant to
division (G)(1) of this section will be sent to the parent who is
granted parenting time rights in accordance with division (G)(1) of
this section.

If
the court determines that the parent who is granted the parenting
time rights has been convicted of or pleaded guilty to a violation of
section 2919.25 of the Revised Code 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 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 shall
issue an order stating that that parent will not be given a copy of
any notice of relocation that is filed with the court pursuant to
division (G)(1) of this section unless the court determines that it
is in the best interest of the children to give that parent a copy of
the notice of relocation, issues an order stating that that parent
will be given a copy of any notice of relocation filed pursuant to
division (G)(1) of this section, and issues specific written findings
of fact in support of its determination.

(4)
If a parent who is granted parenting time rights pursuant to this
section or any other section of the Revised Code is authorized by an
order issued pursuant to this section or any other court order to
receive a copy of any notice of relocation that is filed pursuant to
division (G)(1) of this section or pursuant to court order, if the
residential parent intends to move to a residence other than the
residence address specified in the parenting time order, and if the
residential parent does not want the parent who is granted the
parenting time rights to receive a copy of the relocation notice
because the parent with parenting time rights has been convicted of
or pleaded guilty to a violation of section 2919.25 of the Revised
Code 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
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, the residential parent may file a
motion with the court requesting that the parent who is granted the
parenting time rights not receive a copy of any notice of relocation.
Upon the filing of the motion, the court shall schedule a hearing on
the motion and give both parents notice of the date, time, and
location of the hearing. If the court determines that the parent who
is granted the parenting time rights has been so convicted or has
been determined to be the perpetrator of an abusive act that is the
basis of a child abuse adjudication, the court shall issue an order
stating that the parent who is granted the parenting time rights will
not be given a copy of any notice of relocation that is filed with
the court pursuant to division (G)(1) of this section or that the
residential parent is no longer required to give that parent a copy
of any notice of relocation unless the court determines that it is in
the best interest of the children to give that parent a copy of the
notice of relocation, issues an order stating that that parent will
be given a copy of any notice of relocation filed pursuant to
division (G)(1) of this section, and issues specific written findings
of fact in support of its determination. If it does not so find, it
shall dismiss the motion.

(H)(1)
Subject to section 3125.16 and division (F) of section 3319.321 of
the Revised Code, a parent of a child who is not the residential
parent of the child is entitled to access, under the same terms and
conditions under which access is provided to the residential parent,
to any record that is related to the child and to which the
residential parent of the child legally is provided access, unless
the court determines that it would not be in the best interest of the
child for the parent who is not the residential parent to have access
to the records under those same terms and conditions. If the court
determines that the parent of a child who is not the residential
parent should not have access to records related to the child under
the same terms and conditions as provided for the residential parent,
the court shall specify the terms and conditions under which the
parent who is not the residential parent is to have access to those
records, shall enter its written findings of facts and opinion in the
journal, and shall issue an order containing the terms and conditions
to both the residential parent and the parent of the child who is not
the residential parent. The court shall include in every order issued
pursuant to this division notice that any keeper of a record who
knowingly fails to comply with the order or division (H) of this
section is in contempt of court.

(2)
Subject to section 3125.16 and division (F) of section 3319.321 of
the Revised Code, subsequent to the issuance of an order under
division (H)(1) of this section, the keeper of any record that is
related to a particular child and to which the residential parent
legally is provided access shall permit the parent of the child who
is not the residential parent to have access to the record under the
same terms and conditions under which access is provided to the
residential parent, unless the residential parent has presented the
keeper of the record with a copy of an order issued under division
(H)(1) of this section that limits the terms and conditions under
which the parent who is not the residential parent is to have access
to records pertaining to the child and the order pertains to the
record in question. If the residential parent presents the keeper of
the record with a copy of that type of order, the keeper of the
record shall permit the parent who is not the residential parent to
have access to the record only in accordance with the most recent
order that has been issued pursuant to division (H)(1) of this
section and presented to the keeper by the residential parent or the
parent who is not the residential parent. Any keeper of any record
who knowingly fails to comply with division (H) of this section or
with any order issued pursuant to division (H)(1) of this section is
in contempt of court.

(3)
The prosecuting attorney of any county may file a complaint with the
court of common pleas of that county requesting the court to issue a
protective order preventing the disclosure pursuant to division
(H)(1) or (2) of this section of any confidential law enforcement
investigatory record. The court shall schedule a hearing on the
motion and give notice of the date, time, and location of the hearing
to all parties.

(I)
A court that issues a parenting time order or decree pursuant to this
section or section 3109.12 of the Revised Code shall determine
whether the parent granted the right of parenting time is to be
permitted access, in accordance with section 5104.039 of the Revised
Code, to any child care center that is, or that in the future may be,
attended by the children with whom the right of parenting time is
granted. Unless the court determines that the parent who is not the
residential parent should not have access to the center to the same
extent that the residential parent is granted access to the center,
the parent who is not the residential parent and who is granted
parenting time rights is entitled to access to the center to the same
extent that the residential parent is granted access to the center.
If the court determines that the parent who is not the residential
parent should not have access to the center to the same extent that
the residential parent is granted such access under section 5104.039
of the Revised Code, the court shall specify the terms and conditions
under which the parent who is not the residential parent is to have
access to the center, provided that the access shall not be greater
than the access that is provided to the residential parent under
section 5104.039 of the Revised Code, the court shall enter its
written findings of fact and opinions in the journal, and the court
shall include the terms and conditions of access in the parenting
time order or decree.

(J)(1)
Subject to division (F) of section 3319.321 of the Revised Code, when
a court issues an order or decree allocating parental rights and
responsibilities for the care of a child, the parent of the child who
is not the residential parent of the child is entitled to access,
under the same terms and conditions under which access is provided to
the residential parent, to any student activity that is related to
the child and to which the residential parent of the child legally is
provided access, unless the court determines that it would not be in
the best interest of the child to grant the parent who is not the
residential parent access to the student activities under those same
terms and conditions. If the court determines that the parent of the
child who is not the residential parent should not have access to any
student activity that is related to the child under the same terms
and conditions as provided for the residential parent, the court
shall specify the terms and conditions under which the parent who is
not the residential parent is to have access to those student
activities, shall enter its written findings of facts and opinion in
the journal, and shall issue an order containing the terms and
conditions to both the residential parent and the parent of the child
who is not the residential parent. The court shall include in every
order issued pursuant to this division notice that any school
official or employee who knowingly fails to comply with the order or
division (J) of this section is in contempt of court.

(2)
Subject to division (F) of section 3319.321 of the Revised Code,
subsequent to the issuance of an order under division (J)(1) of this
section, all school officials and employees shall permit the parent
of the child who is not the residential parent to have access to any
student activity under the same terms and conditions under which
access is provided to the residential parent of the child, unless the
residential parent has presented the school official or employee, the
board of education of the school, or the governing body of the
chartered nonpublic school with a copy of an order issued under
division (J)(1) of this section that limits the terms and conditions
under which the parent who is not the residential parent is to have
access to student activities related to the child and the order
pertains to the student activity in question. If the residential
parent presents the school official or employee, the board of
education of the school, or the governing body of the chartered
nonpublic school with a copy of that type of order, the school
official or employee shall permit the parent who is not the
residential parent to have access to the student activity only in
accordance with the most recent order that has been issued pursuant
to division (J)(1) of this section and presented to the school
official or employee, the board of education of the school, or the
governing body of the chartered nonpublic school by the residential
parent or the parent who is not the residential parent. Any school
official or employee who knowingly fails to comply with division (J)
of this section or with any order issued pursuant to division (J)(1)
of this section is in contempt of court.

(K)
If any person is found in contempt of court for failing to comply
with or interfering with any order or decree granting parenting time
rights issued pursuant to this section or section 3109.12 of the
Revised Code or companionship or visitation rights issued pursuant to
this section, section 3109.11
,
3109.111,

or 3109.12 of the Revised Code, or any other provision of the Revised
Code, the court that makes the finding, in addition to any other
penalty or remedy imposed, shall assess all court costs arising out
of the contempt proceeding against the person and require the person
to pay any reasonable attorney's fees of any adverse party, as
determined by the court, that arose in relation to the act of
contempt, and may award reasonable compensatory parenting time or
visitation to the person whose right of parenting time or visitation
was affected by the failure or interference if such compensatory
parenting time or visitation is in the best interest of the child.
Any compensatory parenting time or visitation awarded under this
division shall be included in an order issued by the court and, to
the extent possible, shall be governed by the same terms and
conditions as was the parenting time or visitation that was affected
by the failure or interference.

(L)
Any parent who requests reasonable parenting time rights with respect
to a child under this section or section 3109.12 of the Revised Code
or any person who requests reasonable companionship or visitation
rights with respect to a child under this section, section 3109.11
,
3109.111,

or 3109.12 of the Revised Code, or any other provision of the Revised
Code may file a motion with the court requesting that it waive all or
any part of the costs that may accrue in the proceedings. If the
court determines that the movant is indigent and that the waiver is
in the best interest of the child, the court, in its discretion, may
waive payment of all or any part of the costs of those proceedings.

(M)(1)
A parent who receives an order for active military service in the
uniformed services and who is subject to a parenting time order may
apply to the court for any of the following temporary orders for the
period extending from the date of the parent's departure to the date
of return:

(a)
An order delegating all or part of the parent's parenting time with
the child to a relative or to another person who has a close and
substantial relationship with the child if the delegation is in the
child's best interest;

(b)
An order that the other parent make the child reasonably available
for parenting time with the parent when the parent is on leave from
active military service;

(c)
An order that the other parent facilitate contact, including
telephone and electronic contact, between the parent and child while
the parent is on active military service.

(2)(a)
Upon receipt of an order for active military service, a parent who is
subject to a parenting time order and seeks an order under division
(M)(1) of this section shall notify the other parent who is subject
to the parenting time order and apply to the court as soon as
reasonably possible after receipt of the order for active military
service. The application shall include the date on which the active
military service begins.

(b)
The court shall schedule a hearing upon receipt of an application
under division (M) of this section and hold the hearing not later
than thirty days after its receipt, except that the court shall give
the case calendar priority and handle the case expeditiously if
exigent circumstances exist in the case. No hearing shall be required
if both parents agree to the terms of the requested temporary order
and the court determines that the order is in the child's best
interest.

(c)
In determining whether a delegation under division (M)(1)(a) of this
section is in the child's best interest, the court shall consider all
relevant factors, including the factors set forth in division (D) of
this section.

(d)
An order delegating all or part of the parent's parenting time
pursuant to division (M)(1)(a) of this section does not create
standing on behalf of the person to whom parenting time is delegated
to assert
visitation
or
companionship

or
visitation
rights
independent of the order.

(3)
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 parenting time order or pertaining to a request for
companionship
rights

or
visitation
rights

with
a child, 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 rules of the supreme court of Ohio.

(N)
The juvenile court has exclusive jurisdiction to enter the orders in
any case certified to it from another court.

(O)
As used in this section:

(1)
"Abused child" has the same meaning as in section 2151.031
of the Revised Code, and "neglected child" has the same
meaning as in section 2151.03 of the Revised Code.

(2)
"Active military service" and "uniformed services"
have the same meanings as in section 3109.04 of the Revised Code.

(3)
"Confidential law enforcement investigatory record" has the
same meaning as in section 149.43 of the Revised Code.

(4)
"Parenting time order" means an order establishing the
amount of time that a child spends with the parent who is not the
residential parent or the amount of time that the child is to be
physically located with a parent under a shared parenting order.

(5)
"Record" means any record, document, file, or other
material that contains information directly related to a child,
including, but not limited to, any of the following:

(a)
Records maintained by public and nonpublic schools;

(b)
Records maintained by facilities that provide child care, as defined
in section 5104.01 of the Revised Code, publicly funded child care,
as defined in section 5104.01 of the Revised Code, or pre-school
services operated by or under the supervision of a school district
board of education or a nonpublic school;

(c)
Records maintained by hospitals, other facilities, or persons
providing medical or surgical care or treatment for the child;

(d)
Records maintained by agencies, departments, instrumentalities, or
other entities of the state or any political subdivision of the
state, other than a child support enforcement agency. Access to
records maintained by a child support enforcement agency is governed
by section 3125.16 of the Revised Code.

Sec.
3109.111.
(A)
For purposes of this section, "sibling" includes a sibling,
half sibling, or stepsibling by birth, adoption, or marriage.

(B)(1)
Notwithstanding any contrary provision of sections 3109.051, 3109.11,
and 3109.12 of the Revised Code, a minor sibling; a minor sibling's
parent, legal guardian, or legal custodian; or a next friend of the
minor sibling who is at least eighteen years of age may file a motion
with the court for a child's minor sibling to be granted reasonable
companionship or visitation rights with respect to the child under
any of the following circumstances:

(a)
The child's parent or stepparent is deceased.

(b)
A divorce, dissolution, legal separation, or annulment proceeding
involving the child is pending.

(c)
The child is born to an unmarried woman and the father of the child
has established a parent and child relationship pursuant to Chapter
3111. of the Revised Code, provided that the sibling seeking
companionship or visitation rights has demonstrated by clear and
convincing evidence that the minor children are siblings.

(2)
Upon filing a motion under division (B)(1) of this section, a party
shall file a proposed schedule and other terms for companionship or
visitation between the siblings. Whenever possible, all parties shall
collaborate to develop a proposed schedule and terms that are in the
best interest of the child.

(3)
If a sibling is unable to be represented by an attorney, the court
may appoint an attorney for the sibling at the court's expense.

(C)
The court shall grant a minor sibling reasonable companionship or
visitation rights with the minor child if the court determines that
granting companionship or visitation rights is in the best interest
of the child.

(D)(1)
In determining whether granting the sibling reasonable companionship
or visitation rights is in the best interest of the child pursuant to
division (C) of this section, the court shall consider all relevant
factors, including the following:

(a)
The factors set forth in division (D) of section 3109.051 of the
Revised Code;

(b)
Evidence that the relationship between the child and the sibling is
mutually beneficial;

(c)
Whether granting the sibling companionship or visitation rights with
the child will adversely affect the parent and child relationship of
either the child or the sibling.

(2)
In making a determination under division (D)(1) of this section, the
court shall not consider the sex of the children or the children's
parents.

(E)(1)
In any proceeding under this section, the court shall make a just and
reasonable order permitting a minor sibling to have visitation or
companionship rights with the child at the time and under the
conditions that the court directs if the court determines that it is
in the best interest of the child. An order granting companionship or
visitation rights shall ensure the opportunity for the minor sibling
to have frequent and continuing contact with the child and any other
siblings shown to be involved. If the court determines that granting
companionship or visitation rights under this section would not be in
the best interest of the child, the court shall include in the
journal its findings of fact and conclusions of law supporting that
determination.

(2)
The court shall not require a hearing on a motion for companionship
or visitation under this section if both of the following apply:

(a)
All parties agree to a schedule and all other terms of the order;

(b)
The court determines that the schedule and terms are in the best
interest of the children.

(3)
The court shall include in its final order a specific schedule of
companionship or visitation and any other relevant terms.

(F)(1)
Any party described in division (B)(2) of this section may file a
motion requesting modification of a prior order issued under this
section. Except as provided under division (F)(2) of this section,
the court shall schedule a hearing with notice to all parties to
determine whether it is in the best interest of the child to revise
the schedule or other terms of companionship or visitation for the
child. The hearing shall be held not later than sixty days after the
motion is filed.

(2)
If the residential parent has filed a notice of intent to relocate
pursuant to section 3109.051 of the Revised Code, the court shall
send a copy of the notice to each sibling who has been awarded
companionship or visitation rights with the child who resides with
that parent. Upon receipt of the notice, the court, on its own motion
or the motion of any party described under division (B)(2) of this
section who is not the residential parent, may schedule a hearing
with notice to all parties to determine whether it is in the best
interest of the child to revise the schedule or other terms of
companionship or visitation for the child. The hearing shall be held
not later than sixty days prior to the residential parent's
relocation.

(3)
The court shall not modify a prior order granting or denying a minor
sibling's companionship or visitation rights under this section
unless the court determines that there has been a material change in
the circumstances of the child or the minor sibling and that
modification is necessary to serve the best interest of the child.
The court shall make specific written findings of fact to support any
modification under this division.

(G)
If the parties cannot agree on modification of a prior order under
division (F) of this section, the court shall refer the matter to
mediation pursuant to section 3109.051 of the Revised Code. If
mediation is not possible without undue delay or hardship to a party,
the party may request a waiver from the court. If a waiver is sought,
the court shall hold an evidentiary hearing and the party seeking the
waiver shall demonstrate the undue delay or hardship by clear and
convincing evidence. Upon making the determination, the court shall
include in the journal its findings of fact and conclusions of law
supporting its decision.

(H)
Except as provided in division (E)(6) of section 3113.31 of the
Revised Code, if the court, pursuant to this section, grants any
person companionship or visitation rights with respect to any child,
it shall not require the public children services agency to provide
supervision of or other services related to that person's exercise of
companionship or visitation rights with respect to the child. This
section does not limit the power of a juvenile court pursuant to
Chapter 2151. of the Revised Code to issue orders with respect to
children who are alleged to be abused, neglected, or dependent
children or to make dispositions of children who are adjudicated
abused, neglected, or dependent children or of a common pleas court
to issue orders pursuant to section 3113.31 of the Revised Code.

(I)
The supreme court of Ohio shall prescribe a form to facilitate ease
in filing for companionship and visitation rights and modification of
a prior order issued for companionship or visitation rights by a
minor sibling in accordance with this section.

Sec.
3113.31.
(A)
As used in this section:

(1)
"Domestic violence" means any of the following:

(a)
The occurrence of one or more of the following acts against a family
or household member:

(i)
Attempting to cause or recklessly causing bodily injury;

(ii)
Placing another person by the threat of force in fear of imminent
serious physical harm or committing a violation of section 2903.211
or 2911.211 of the Revised Code;

(iii)
Committing any act with respect to a child that would result in the
child being an abused child, as defined in section 2151.031 of the
Revised Code;

(iv)
Committing a sexually oriented offense.

(b)
The occurrence of one or more of the acts identified in divisions
(A)(1)(a)(i) to (iv) of this section against a person with whom the
respondent is or was in a dating relationship.

(2)
"Court" means the domestic relations division of the court
of common pleas in counties that have a domestic relations division
and the court of common pleas in counties that do not have a domestic
relations division, or the juvenile division of the court of common
pleas of the county in which the person to be protected by a
protection order issued or a consent agreement approved under this
section resides if the respondent is less than eighteen years of age.

(3)
"Family or household member" means any of the following:

(a)
Any of the following who is residing with or has resided with the
respondent:

(i)
A spouse, a person living as a spouse, or a former spouse of the
respondent;

(ii)
A parent, a foster parent, or a child of the respondent, or another
person related by consanguinity or affinity to the respondent;

(iii)
A parent or a child of a spouse, person living as a spouse, or former
spouse of the respondent, or another person related by consanguinity
or affinity to a spouse, person living as a spouse, or former spouse
of the respondent.

(b)
The natural parent of any child of whom the respondent is the other
natural parent or is the putative other natural parent.

(4)
"Person living as a spouse" means a person who is living or
has lived with the respondent in a common law marital relationship,
who otherwise is cohabiting with the respondent, or who otherwise has
cohabited with the respondent within five years prior to the date of
the alleged occurrence of the act in question.

(5)
"Victim advocate" means a person who provides support and
assistance for a person who files a petition under this section.

(6)
"Sexually oriented offense" has the same meaning as in
section 2950.01 of the Revised Code.

(7)
"Companion animal" has the same meaning as in section
959.131 of the Revised Code.

(8)
"Dating relationship" means a relationship between
individuals who have, or have had, a relationship of a romantic or
intimate nature. "Dating relationship" does not include a
casual acquaintanceship or ordinary fraternization in a business or
social context.

(9)
"Person with whom the respondent is or was in a dating
relationship" means an individual who, at the time of the
conduct in question, is in a dating relationship with the respondent
who is an adult or who, within the twelve months preceding the
conduct in question, has had a dating relationship with the
respondent who is an adult.

(B)
The court has jurisdiction over all proceedings under this section.
The petitioner's right to relief under this section is not affected
by the petitioner's leaving the residence or household to avoid
further domestic violence.

(C)
A person may seek relief under this section on the person's own
behalf, or any parent or adult household member may seek relief under
this section on behalf of any other family or household member, by
filing a petition with the court. The petition shall contain or
state:

(1)
An allegation that the respondent engaged in domestic violence
against a family or household member of the respondent or against a
person with whom the respondent is or was in a dating relationship,
including a description of the nature and extent of the domestic
violence;

(2)
The relationship of the respondent to the petitioner, and to the
victim if other than the petitioner;

(3)
If the petition is for protection of a person with whom the
respondent is or was in a dating relationship, the facts upon which
the court may conclude that a dating relationship existed between the
person to be protected and the respondent;

(4)
A request for relief under this section.

(D)(1)
If a person who files a petition pursuant to this section requests an
ex parte order, the court shall hold an ex parte hearing on the same
day that the petition is filed. The court, for good cause shown at
the ex parte hearing, may enter any temporary orders, with or without
bond, including, but not limited to, an order described in division
(E)(1)(a), (b), or (c) of this section, that the court finds
necessary to protect the family or household member or the person
with whom the respondent is or was in a dating relationship from
domestic violence. Immediate and present danger of domestic violence
to the family or household member or to the person with whom the
respondent is or was in a dating relationship constitutes good cause
for purposes of this section. Immediate and present danger includes,
but is not limited to, situations in which the respondent has
threatened the family or household member or person with whom the
respondent is or was in a dating relationship with bodily harm, in
which the respondent has threatened the family or household member or
person with whom the respondent is or was in a dating relationship
with a sexually oriented offense, or in which the respondent
previously has been convicted of, pleaded guilty to, or been
adjudicated a delinquent child for an offense that constitutes
domestic violence against the family or household member or person
with whom the respondent is or was in a dating relationship.

(2)(a)
If the court, after an ex parte hearing, issues an order described in
division (E)(1)(b) or (c) of this section, the court shall schedule a
full hearing for a date that is within seven court days after the ex
parte hearing. If any other type of protection order that is
authorized under division (E) of this section is issued by the court
after an ex parte hearing, the court shall schedule a full hearing
for a date that is within ten court days after the ex parte hearing.
The court shall give the respondent notice of, and an opportunity to
be heard at, the full hearing. The court shall hold the full hearing
on the date scheduled under this division unless the court grants a
continuance of the hearing in accordance with this division. Under
any of the following circumstances or for any of the following
reasons, the court may grant a continuance of the full hearing to a
reasonable time determined by the court:

(i)
Prior to the date scheduled for the full hearing under this division,
the respondent has not been served with the petition filed pursuant
to this section and notice of the full hearing.

(ii)
The parties consent to the continuance.

(iii)
The continuance is needed to allow a party to obtain counsel.

(iv)
The continuance is needed for other good cause.

(b)
An ex parte order issued under this section does not expire because
of a failure to serve notice of the full hearing upon the respondent
before the date set for the full hearing under division (D)(2)(a) of
this section or because the court grants a continuance under that
division.

(3)
If a person who files a petition pursuant to this section does not
request an ex parte order, or if a person requests an ex parte order
but the court does not issue an ex parte order after an ex parte
hearing, the court shall proceed as in a normal civil action and
grant a full hearing on the matter.

(E)(1)
After an ex parte or full hearing, the court may grant any protection
order, with or without bond, or approve any consent agreement to
bring about a cessation of domestic violence against the family or
household members or persons with whom the respondent is or was in a
dating relationship. The order or agreement may:

(a)
Direct the respondent to refrain from abusing or from committing
sexually oriented offenses against the family or household members or
persons with whom the respondent is or was in a dating relationship;

(b)
With respect to a petition involving family or household members,
grant possession of the residence or household to the petitioner or
other family or household member, to the exclusion of the respondent,
by evicting the respondent, when the residence or household is owned
or leased solely by the petitioner or other family or household
member, or by ordering the respondent to vacate the premises, when
the residence or household is jointly owned or leased by the
respondent, and the petitioner or other family or household member;

(c)
With respect to a petition involving family or household members,
when the respondent has a duty to support the petitioner or other
family or household member living in the residence or household and
the respondent is the sole owner or lessee of the residence or
household, grant possession of the residence or household to the
petitioner or other family or household member, to the exclusion of
the respondent, by ordering the respondent to vacate the premises,
or, in the case of a consent agreement, allow the respondent to
provide suitable, alternative housing;

(d)
With respect to a petition involving family or household members,
temporarily allocate parental rights and responsibilities for the
care of, or establish temporary parenting time rights with regard to,
minor children, if no other court has determined, or is determining,
the allocation of parental rights and responsibilities for the minor
children or parenting time rights;

(e)
With respect to a petition involving family or household members,
require the respondent to maintain support, if the respondent
customarily provides for or contributes to the support of the family
or household member, or if the respondent has a duty to support the
petitioner or family or household member;

(f)
Require the respondent, petitioner, victim of domestic violence, or
any combination of those persons, to seek counseling;

(g)
Require the respondent to refrain from entering the residence,
school, business, or place of employment of the petitioner or, with
respect to a petition involving family or household members, a family
or household member;

(h)
Grant other relief that the court considers equitable and fair,
including, but not limited to, ordering the respondent to permit the
use of a motor vehicle by the petitioner or, with respect to a
petition involving family or household members, other family or
household members and the apportionment of household and family
personal property;

(i)
Require that the respondent not remove, damage, hide, harm, or
dispose of any companion animal owned or possessed by the petitioner;

(j)
Authorize the petitioner to remove a companion animal owned by the
petitioner from the possession of the respondent;

(k)
Require a wireless service transfer in accordance with sections
3113.45 to 3113.459 of the Revised Code.

(2)
If a protection order has been issued pursuant to this section in a
prior action involving the respondent and the petitioner or, with
respect to a petition involving family or household members, one or
more of the family or household members or victims, the court may
include in a protection order that it issues a prohibition against
the respondent returning to the residence or household. If it
includes a prohibition against the respondent returning to the
residence or household in the order, it also shall include in the
order provisions of the type described in division (E)(7) of this
section. This division does not preclude the court from including in
a protection order or consent agreement, in circumstances other than
those described in this division, a requirement that the respondent
be evicted from or vacate the residence or household or refrain from
entering the residence, school, business, or place of employment of
the petitioner or, with respect to a petition involving family or
household members, a family or household member, and, if the court
includes any requirement of that type in an order or agreement, the
court also shall include in the order provisions of the type
described in division (E)(7) of this section.

(3)(a)
Any protection order issued or consent agreement approved under this
section shall be valid until a date certain, but not later than five
years from the date of its issuance or approval, or not later than
the date a respondent who is less than eighteen years of age attains
nineteen years of age, unless modified or terminated as provided in
division (E)(8) of this section.

(b)
With respect to an order involving family or household members,
subject to the limitation on the duration of an order or agreement
set forth in division (E)(3)(a) of this section, any order under
division (E)(1)(d) of this section shall terminate on the date that a
court in an action for divorce, dissolution of marriage, or legal
separation brought by the petitioner or respondent issues an order
allocating parental rights and responsibilities for the care of
children or on the date that a juvenile court in an action brought by
the petitioner or respondent issues an order awarding legal custody
of minor children. Subject to the limitation on the duration of an
order or agreement set forth in division (E)(3)(a) of this section,
any order under division (E)(1)(e) of this section shall terminate on
the date that a court in an action for divorce, dissolution of
marriage, or legal separation brought by the petitioner or respondent
issues a support order or on the date that a juvenile court in an
action brought by the petitioner or respondent issues a support
order.

(c)
Any protection order issued or consent agreement approved pursuant to
this section may be renewed in the same manner as the original order
or agreement was issued or approved.

(4)
A court may not issue a protection order that requires a petitioner
to do or to refrain from doing an act that the court may require a
respondent to do or to refrain from doing under division (E)(1)(a),
(b), (c), (d), (e), (g), or (h) of this section unless all of the
following apply:

(a)
The respondent files a separate petition for a protection order in
accordance with this section.

(b)
The petitioner is served notice of the respondent's petition at least
forty-eight hours before the court holds a hearing with respect to
the respondent's petition, or the petitioner waives the right to
receive this notice.

(c)
If the petitioner has requested an ex parte order pursuant to
division (D) of this section, the court does not delay any hearing
required by that division beyond the time specified in that division
in order to consolidate the hearing with a hearing on the petition
filed by the respondent.

(d)
After a full hearing at which the respondent presents evidence in
support of the request for a protection order and the petitioner is
afforded an opportunity to defend against that evidence, the court
determines that the petitioner has committed an act of domestic
violence or has violated a temporary protection order issued pursuant
to section 2919.26 of the Revised Code, that both the petitioner and
the respondent acted primarily as aggressors, and that neither the
petitioner nor the respondent acted primarily in self-defense.

(5)
No protection order issued or consent agreement approved under this
section shall in any manner affect title to any real property.

(6)(a)
With respect to an order involving family or household members, if a
petitioner, or the child of a petitioner, who obtains a protection
order or consent agreement pursuant to division (E)(1) of this
section or a temporary protection order pursuant to section 2919.26
of the Revised Code and is the subject of a parenting time order
issued pursuant to section 3109.051 or 3109.12 of the Revised Code or
a visitation or companionship order issued pursuant to section
3109.051, 3109.11,
3109.111,

or
3109.12 of the Revised Code or division (E)(1)(d) of this section
granting parenting time rights to the respondent, the court may
require the public children services agency of the county in which
the court is located to provide supervision of the respondent's
exercise of parenting time or visitation or companionship rights with
respect to the child for a period not to exceed nine months, if the
court makes the following findings of fact:

(i)
The child is in danger from the respondent;

(ii)
No other person or agency is available to provide the supervision.

(b)
A court that requires an agency to provide supervision pursuant to
division (E)(6)(a) of this section shall order the respondent to
reimburse the agency for the cost of providing the supervision, if it
determines that the respondent has sufficient income or resources to
pay that cost.

(7)(a)
If a protection order issued or consent agreement approved under this
section includes a requirement that the respondent be evicted from or
vacate the residence or household or refrain from entering the
residence, school, business, or place of employment of the petitioner
or, with respect to a petition involving family or household members,
a family or household member, the order or agreement shall state
clearly that the order or agreement cannot be waived or nullified by
an invitation to the respondent from the petitioner or other family
or household member to enter the residence, school, business, or
place of employment or by the respondent's entry into one of those
places otherwise upon the consent of the petitioner or other family
or household member.

(b)
Division (E)(7)(a) of this section does not limit any discretion of a
court to determine that a respondent charged with a violation of
section 2919.27 of the Revised Code, with a violation of a municipal
ordinance substantially equivalent to that section, or with contempt
of court, which charge is based on an alleged violation of a
protection order issued or consent agreement approved under this
section, did not commit the violation or was not in contempt of
court.

(8)(a)
The court may modify or terminate as provided in division (E)(8) of
this section a protection order or consent agreement that was issued
after a full hearing under this section. The court that issued the
protection order or approved the consent agreement shall hear a
motion for modification or termination of the protection order or
consent agreement pursuant to division (E)(8) of this section.

(b)
Either the petitioner or the respondent of the original protection
order or consent agreement may bring a motion for modification or
termination of a protection order or consent agreement that was
issued or approved after a full hearing. The court shall require
notice of the motion to be made as provided by the Rules of Civil
Procedure. If the petitioner for the original protection order or
consent agreement has requested that the petitioner's address be kept
confidential, the court shall not disclose the address to the
respondent of the original protection order or consent agreement or
any other person, except as otherwise required by law. The moving
party has the burden of proof to show, by a preponderance of the
evidence, that modification or termination of the protection order or
consent agreement is appropriate because either the protection order
or consent agreement is no longer needed or because the terms of the
original protection order or consent agreement are no longer
appropriate.

(c)
In considering whether to modify or terminate a protection order or
consent agreement issued or approved under this section, the court
shall consider all relevant factors, including, but not limited to,
the following:

(i)
Whether the petitioner consents to modification or termination of the
protection order or consent agreement;

(ii)
Whether the petitioner fears the respondent;

(iii)
The current nature of the relationship between the petitioner and the
respondent;

(iv)
The circumstances of the petitioner and respondent, including the
relative proximity of the petitioner's and respondent's workplaces
and residences and whether the petitioner and respondent have minor
children together;

(v)
Whether the respondent has complied with the terms and conditions of
the original protection order or consent agreement;

(vi)
Whether the respondent has a continuing involvement with illegal
drugs or alcohol;

(vii)
Whether the respondent has been convicted of, pleaded guilty to, or
been adjudicated a delinquent child for an offense of violence since
the issuance of the protection order or approval of the consent
agreement;

(viii)
Whether any other protection orders, consent agreements, restraining
orders, or no contact orders have been issued against the respondent
pursuant to this section, section 2919.26 of the Revised Code, any
other provision of state law, or the law of any other state;

(ix)
Whether the respondent has participated in any domestic violence
treatment, intervention program, or other counseling addressing
domestic violence and whether the respondent has completed the
treatment, program, or counseling;

(x)
The time that has elapsed since the protection order was issued or
since the consent agreement was approved;

(xi)
The age and health of the respondent;

(xii)
When the last incident of abuse, threat of harm, or commission of a
sexually oriented offense occurred or other relevant information
concerning the safety and protection of the petitioner or other
protected parties.

(d)
If a protection order or consent agreement is modified or terminated
as provided in division (E)(8) of this section, the court shall issue
copies of the modified or terminated order or agreement as provided
in division (F) of this section. A petitioner may also provide notice
of the modification or termination to the judicial and law
enforcement officials in any county other than the county in which
the order or agreement is modified or terminated as provided in
division (N) of this section.

(e)
If the respondent moves for modification or termination of a
protection order or consent agreement pursuant to this section and
the court denies the motion, the court may assess costs against the
respondent for the filing of the motion.

(9)
Any protection order issued or any consent agreement approved
pursuant to this section shall include a provision that the court
will automatically seal all of the records of the proceeding in which
the order is issued or agreement approved on the date the respondent
attains the age of nineteen years unless the petitioner provides the
court with evidence that the respondent has not complied with all of
the terms of the protection order or consent agreement. The
protection order or consent agreement shall specify the date when the
respondent attains the age of nineteen years.

(F)(1)
A copy of any protection order, or consent agreement, that is issued,
approved, modified, or terminated under this section shall be issued
by the court to the petitioner, to the respondent, and to all law
enforcement agencies that have jurisdiction to enforce the order or
agreement. The court shall direct that a copy of an order be
delivered to the respondent on the same day that the order is
entered.

(2)
Upon the issuance of a protection order or the approval of a consent
agreement under this section, the court shall provide the parties to
the order or agreement with the following notice orally or by form:

"NOTICE

As
a result of this order or consent agreement, it may be unlawful for
you to possess or purchase a firearm, including a rifle, pistol, or
revolver, or ammunition pursuant to federal law under 18 U.S.C.
922(g)(8) for the duration of this order or consent agreement. If you
have any questions whether this law makes it illegal for you to
possess or purchase a firearm or ammunition, you should consult an
attorney."

(3)
All law enforcement agencies shall establish and maintain an index
for the protection orders and the approved consent agreements
delivered to the agencies pursuant to division (F)(1) of this
section. With respect to each order and consent agreement delivered,
each agency shall note on the index the date and time that it
received the order or consent agreement.

(4)
Regardless of whether the petitioner has registered the order or
agreement in the county in which the officer's agency has
jurisdiction pursuant to division (N) of this section, any officer of
a law enforcement agency shall enforce a protection order issued or
consent agreement approved by any court in this state in accordance
with the provisions of the order or agreement, including removing the
respondent from the premises, if appropriate.

(G)(1)
Any proceeding under this section shall be conducted in accordance
with the Rules of Civil Procedure, except that an order under this
section may be obtained with or without bond. An order issued under
this section, other than an ex parte order, that grants a protection
order or approves a consent agreement, that refuses to grant a
protection order or approve a consent agreement that modifies or
terminates a protection order or consent agreement, or that refuses
to modify or terminate a protection order or consent agreement, is a
final, appealable order. The remedies and procedures provided in this
section are in addition to, and not in lieu of, any other available
civil or criminal remedies.

(2)
If as provided in division (G)(1) of this section an order issued
under this section, other than an ex parte order, refuses to grant a
protection order, the court, on its own motion, shall order that the
ex parte order issued under this section and all of the records
pertaining to that ex parte order be sealed after either of the
following occurs:

(a)
No party has exercised the right to appeal pursuant to Rule 4 of the
Rules of Appellate Procedure.

(b)
All appellate rights have been exhausted.

(H)
The filing of proceedings under this section does not excuse a person
from filing any report or giving any notice required by section
2151.421 of the Revised Code or by any other law. When a petition
under this section alleges domestic violence against minor children,
the court shall report the fact, or cause reports to be made, to a
county, township, or municipal peace officer under section 2151.421
of the Revised Code.

(I)
Any law enforcement agency that investigates a domestic dispute shall
provide information to the family or household members involved, or
the persons in the dating relationship who are involved, whichever is
applicable regarding the relief available under this section and, for
family or household members, section 2919.26 of the Revised Code.

(J)(1)
Subject to divisions (E)(8)(e) and (J)(2) of this section and
regardless of whether a protection order is issued or a consent
agreement is approved by a court of another county or a court of
another state, no court or unit of state or local government shall
charge the petitioner any fee, cost, deposit, or money in connection
with the filing of a petition pursuant to this section or in
connection with the filing, issuance, registration, modification,
enforcement, dismissal, withdrawal, or service of a protection order,
consent agreement, or witness subpoena or for obtaining a certified
copy of a protection order or consent agreement.

(2)
Regardless of whether a protection order is issued or a consent
agreement is approved pursuant to this section, the court may assess
costs against the respondent in connection with the filing, issuance,
registration, modification, enforcement, dismissal, withdrawal, or
service of a protection order, consent agreement, or witness subpoena
or for obtaining a certified copy of a protection order or consent
agreement.

(K)(1)
The court shall comply with Chapters 3119., 3121., 3123., and 3125.
of the Revised Code when it makes or modifies an order for child
support under this section.

(2)
If any person required to pay child support under an order made under
this section on or after April 15, 1985, or modified under this
section on or after December 31, 1986, is found in contempt of court
for failure to make support payments under the order, the court that
makes the finding, in addition to any other penalty or remedy
imposed, shall assess all court costs arising out of the contempt
proceeding against the person and require the person to pay any
reasonable attorney's fees of any adverse party, as determined by the
court, that arose in relation to the act of contempt.

(L)(1)
A person who violates a protection order issued or a consent
agreement approved under this section is subject to the following
sanctions:

(a)
Criminal prosecution or a delinquent child proceeding for a violation
of section 2919.27 of the Revised Code, if the violation of the
protection order or consent agreement constitutes a violation of that
section;

(b)
Punishment for contempt of court.

(2)
The punishment of a person for contempt of court for violation of a
protection order issued or a consent agreement approved under this
section does not bar criminal prosecution of the person or a
delinquent child proceeding concerning the person for a violation of
section 2919.27 of the Revised Code. However, a person punished for
contempt of court is entitled to credit for the punishment imposed
upon conviction of or adjudication as a delinquent child for a
violation of that section, and a person convicted of or adjudicated a
delinquent child for a violation of that section shall not
subsequently be punished for contempt of court arising out of the
same activity.

(M)
In all stages of a proceeding under this section, a petitioner may be
accompanied by a victim advocate.

(N)(1)
A petitioner who obtains a protection order or consent agreement
under this section or a temporary protection order under section
2919.26 of the Revised Code may provide notice of the issuance or
approval of the order or agreement to the judicial and law
enforcement officials in any county other than the county in which
the order is issued or the agreement is approved by registering that
order or agreement in the other county pursuant to division (N)(2) of
this section and filing a copy of the registered order or registered
agreement with a law enforcement agency in the other county in
accordance with that division. A person who obtains a protection
order issued by a court of another state may provide notice of the
issuance of the order to the judicial and law enforcement officials
in any county of this state by registering the order in that county
pursuant to section 2919.272 of the Revised Code and filing a copy of
the registered order with a law enforcement agency in that county.

(2)
A petitioner may register a temporary protection order, protection
order, or consent agreement in a county other than the county in
which the court that issued the order or approved the agreement is
located in the following manner:

(a)
The petitioner shall obtain a certified copy of the order or
agreement from the clerk of the court that issued the order or
approved the agreement and present that certified copy to the clerk
of the court of common pleas or the clerk of a municipal court or
county court in the county in which the order or agreement is to be
registered.

(b)
Upon accepting the certified copy of the order or agreement for
registration, the clerk of the court of common pleas, municipal
court, or county court shall place an endorsement of registration on
the order or agreement and give the petitioner a copy of the order or
agreement that bears that proof of registration.

(3)
The clerk of each court of common pleas, the clerk of each municipal
court, and the clerk of each county court shall maintain a registry
of certified copies of temporary protection orders, protection
orders, or consent agreements that have been issued or approved by
courts in other counties and that have been registered with the
clerk.

(O)
Nothing in this section prohibits the domestic relations division of
a court of common pleas in counties that have a domestic relations
division or a court of common pleas in counties that do not have a
domestic relations division from designating a minor child as a
protected party on a protection order or consent agreement.

Sec.
5153.16.
(A)
Except as provided in section 2151.422 of the Revised Code, in
accordance with rules adopted under section 5153.166 of the Revised
Code, and on behalf of children in the county whom the public
children services agency considers to be in need of public care or
protective services, the public children services agency shall do all
of the following:

(1)
Make an investigation concerning any child alleged to be an abused,
neglected, or dependent child;

(2)
Enter into agreements with the parent, guardian, or other person
having legal custody of any child, or with the department of children
and youth, department of
mental

behavioral

health

and addiction services
,
department of developmental disabilities, other department, any
certified organization within or outside the county, or any agency or
institution outside the state, having legal custody of any child,
with respect to the custody, care, or placement of any child, or with
respect to any matter, in the interests of the child, provided the
permanent custody of a child shall not be transferred by a parent to
the public children services agency without the consent of the
juvenile court;

(3)
Enter into a contract with an agency providing prevention services in
an effort to prevent neglect or abuse, to enhance a child's welfare,
and to preserve the family unit intact when referring a family for
prevention services under division (J) of section 2151.421 of the
Revised Code.

(4)
Accept custody of children committed to the public children services
agency by a court exercising juvenile jurisdiction;

(5)
Provide such care as the public children services agency considers to
be in the best interests of any child adjudicated to be an abused,
neglected, or dependent child the agency finds to be in need of
public care or service;

(6)
Provide social services to any unmarried girl adjudicated to be an
abused, neglected, or dependent child who is pregnant with or has
been delivered of a child;

(7)
Make available to the children with medical handicaps program of the
department of health at its request any information concerning a
child with a disability found to be in need of treatment under
sections 3701.021 to 3701.028 of the Revised Code who is receiving
services from the public children services agency;

(8)
Provide temporary emergency care for any child considered by the
public children services agency to be in need of such care, without
agreement or commitment;

(9)
Find certified foster homes, within or outside the county, for the
care of children, including children with disabilities from other
counties attending special schools in the county;

(10)
Subject to the approval of the board of county commissioners and the
department of children and youth, establish and operate a training
school or enter into an agreement with any municipal corporation or
other political subdivision of the county respecting the operation,
acquisition, or maintenance of any children's home, training school,
or other institution for the care of children maintained by such
municipal corporation or political subdivision;

(11)
Acquire and operate a county children's home, establish, maintain,
and operate a receiving home for the temporary care of children, or
procure certified foster homes for this purpose;

(12)
Enter into an agreement with the trustees of any district children's
home, respecting the operation of the district children's home in
cooperation with the other county boards in the district;

(13)
Cooperate with, make its services available to, and act as the agent
of persons, courts, the department of children and youth, the
department of health, and other organizations within and outside the
state, in matters relating to the welfare of children, except that
the public children services agency shall not be required to provide
supervision of or other services related to the exercise of parenting
time rights granted pursuant to section 3109.051 or 3109.12 of the
Revised Code or companionship or visitation rights granted pursuant
to section 3109.051, 3109.11,
3109.111,

or
3109.12 of the Revised Code unless a juvenile court, pursuant to
Chapter 2151. of the Revised Code, or a common pleas court, pursuant
to division (E)(6) of section 3113.31 of the Revised Code, requires
the provision of supervision or other services related to the
exercise of the parenting time rights or companionship or visitation
rights;

(14)
Make investigations at the request of any superintendent of schools
in the county or the principal of any school concerning the
application of any child adjudicated to be an abused, neglected, or
dependent child for release from school, where such service is not
provided through a school attendance department;

(15)
Administer funds provided under Title IV-E of the "Social
Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as amended,
in accordance with rules adopted under section 5180.42 of the Revised
Code;

(16)
In addition to administering Title IV-E adoption assistance funds,
enter into agreements to make adoption assistance payments under
section 5153.163 of the Revised Code;

(17)
Implement a system of safety and risk assessment, in accordance with
rules adopted by the director of children and youth, to assist the
public children services agency in determining the risk of abuse or
neglect to a child;

(18)
Enter into a plan of cooperation with the board of county
commissioners under section 307.983 of the Revised Code and comply
with each fiscal agreement the board enters into under section 307.98
of the Revised Code that include family services duties of public
children services agencies and contracts the board enters into under
sections 307.981 and 307.982 of the Revised Code that affect the
public children services agency;

(19)
Make reasonable efforts to prevent the removal of an alleged or
adjudicated abused, neglected, or dependent child from the child's
home, eliminate the continued removal of the child from the child's
home, or make it possible for the child to return home safely, except
that reasonable efforts of that nature are not required when a court
has made a determination under division (A)(2) of section 2151.419 of
the Revised Code;

(20)
Make reasonable efforts to place the child in a timely manner in
accordance with the permanency plan approved under division (E) of
section 2151.417 of the Revised Code and to complete whatever steps
are necessary to finalize the permanent placement of the child;

(21)
Administer a Title IV-A program identified under division (A)(4)(c)
or (h) of section 5101.80 of the Revised Code that the department of
children and youth provides for the public children services agency
to administer under the department's supervision pursuant to section
5101.801 of the Revised Code;

(22)
Administer the kinship permanency incentive program created under
section 5180.52 of the Revised Code under the supervision of the
director of children and youth;

(23)
Provide independent living services pursuant to sections 2151.81 to
2151.84 of the Revised Code;

(24)
File a missing child report with a local law enforcement agency upon
becoming aware that a child in the custody of the public children
services agency is or may be missing.

(B)
The public children services agency shall use the system implemented
pursuant to division (A)(17) of this section in connection with an
investigation undertaken pursuant to division (G)(1) of section
2151.421 of the Revised Code to assess both of the following:

(1)
The ongoing safety of the child;

(2)
The appropriateness of the intensity and duration of the services
provided to meet child and family needs throughout the duration of a
case.

(C)
Except as provided in section 2151.422 of the Revised Code, in
accordance with rules of the director of children and youth, and on
behalf of children in the county whom the public children services
agency considers to be in need of public care or protective services,
the public children services agency may do the following:

(1)
Provide or find, with other child serving systems, specialized foster
care for the care of children in a specialized foster home, as
defined in section 5103.02 of the Revised Code, certified under
section 5103.03 of the Revised Code;

(2)(a)
Except as limited by divisions (C)(2)(b) and (c) of this section,
contract with the following for the purpose of assisting the agency
with its duties:

(i)
County departments of job and family services;

(ii)
Boards of alcohol, drug addiction, and mental health services;

(iii)
County boards of developmental disabilities;

(iv)
Regional councils of political subdivisions established under Chapter
167. of the Revised Code;

(v)
Private and government providers of services;

(vi)
Managed care organizations and prepaid health plans.

(b)
A public children services agency contract under division (C)(2)(a)
of this section regarding the agency's duties under section 2151.421
of the Revised Code may not provide for the entity under contract
with the agency to perform any service not authorized by the
department's rules.

(c)
Only a county children services board appointed under section 5153.03
of the Revised Code that is a public children services agency may
contract under division (C)(2)(a) of this section. If an entity
specified in division (B) or (C) of section 5153.02 of the Revised
Code is the public children services agency for a county, the board
of county commissioners may enter into contracts pursuant to section
307.982 of the Revised Code regarding the agency's duties.

Section
2.
That
existing sections 2705.031, 3107.15, 3109.05, 3109.051, 3113.31, and
5153.16 of the Revised Code are hereby repealed.