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hb865_01_RH
As Reported by the House Children and Human Services Committee
136th
General Assembly
Regular
Session
Am. H. B. No. 865
2025-2026
Representatives Mathews, T., White,
A.
Cosponsor: Representative Lett
To
amend section 5103.17 and to enact sections 3107.018, 3107.019,
5103.171, and 5180.23 of the Revised Code
regarding
availability of information on and advertisement of adoptable
children.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section
5103.17 be amended and
sections
3107.018, 3107.019, 5103.171, and 5180.23 of the Revised Code be
enacted to read as follows:
Sec.
3107.018.
A
public children services agency that receives a request for adoption
information or an application for adoption shall respond to the
requestor within three business days.
Sec.
3107.019.
(A)
Each public children services agency's web site shall contain the
following:
(1)
Links to the following:
(a)
The most recent Ohio adoption guide published by the department of
children and youth;
(b)
The department of children and youth's "It Takes Heart" web
site or its successor web site.
(2)
Contact information for the relevant agency staff who oversee
adoption;
(3)
The general description of adoption processes and procedures, as
prepared by the department of children and youth in accordance with
division (B) of this section.
(B)
The department of children and youth shall prepare a general
description of adoption processes and procedures for use by each
public children services agency in accordance with division (A)(3) of
this section.
Sec.
5103.17.
(A)
As used in this section:
(1)
"Advertise" means a method of communication that is
electronic, written, visual, or oral and made by means of personal
representation, newspaper, magazine, circular, billboard, direct
mailing, sign, radio, television, telephone, or otherwise.
(2)
"Qualified adoptive parent" means a person who is eligible
to adopt a child under section 3107.03 of the Revised Code and for
whom an assessor has conducted a home study to determine whether the
person is suitable to adopt a child, if required by section 3107.031
of the Revised Code.
(B)
Subject to
section
sections
5103.16
and
5103.171
of
the Revised Code and to division (C), (D), or (E) of this section, no
person or government entity, other than a private child placing
agency or private noncustodial agency certified by the department of
children and youth under section 5103.03 of the Revised Code or a
public children services agency, shall advertise that the person or
government entity will adopt children or place them in foster homes,
hold out inducements to parents to part with their offspring or in
any manner knowingly become a party to the separation of a child from
the child's parents or guardians, except through a juvenile court or
probate court commitment.
(C)
The
Subject
to section 5103.171 of the Revised Code, the
biological
parent of a child may advertise the availability for placement of the
parent's child for adoption to a qualified adoptive parent.
(D)
A qualified adoptive parent may advertise that the qualified adoptive
parent is available for placement of a child into the qualified
adoptive parent's care for the purpose of adopting the child.
(E)
A government entity may advertise about its role in the placement of
children for adoption or any other information that would be relevant
to qualified adoptive parents.
(F)
Except as provided in section 3107.055 of the Revised Code, the
following apply:
(1)
No person shall offer money or anything of value in exchange for
placement of a child for adoption.
(2)
No biological parent may request money or anything of value in
exchange for placement for adoption of the parent's child with a
qualified adoptive parent.
(G)
If the department of children and youth has reasonable cause to
believe a violation of this section has been committed, the
department shall notify the attorney general or the county
prosecutor, city attorney, village solicitor, or other chief legal
officer of the political subdivision in which the violation has
allegedly occurred. On receipt of the notification, the attorney
general, county prosecutor, city attorney, village solicitor, or
other chief legal officer shall take action to enforce this section
through injunctive relief or criminal charge.
Sec.
5103.171.
(A)(1)
The department of children and youth shall establish and maintain on
its "It Takes Heart" adoption initiative web site or its
successor web site a centralized database that publishes the profiles
of children who are available for placement with qualified adoptive
parents, as prepared by public children services agencies, private
child placing agencies, private noncustodial agencies, and attorneys,
in accordance with division (B) of this section. The database shall
not be publicly accessible except by qualified adoptive parents with
a password-protected account.
The
department shall not permit a qualified adoptive parent to create an
account until the qualified adoptive parent has completed all
required training and has an approved and unexpired home study. The
account shall be suspended upon the expiration of the home study or
training and shall not be reinstated until the qualified adoptive
parent provides a valid and unexpired home study or completes
training, as applicable.
(2)
The department of children and youth shall maintain verification of a
qualified adoptive parent's training and approved home study. Upon
the request of the qualified adoptive parent's recommending agency or
attorney, the department shall share the qualified adoptive parent's
training and approved home study with the recommending agency or
attorney.
(3)
The department shall remove a child's profile on the request of the
child. The department shall periodically review the database to
remove profiles of children who either:
(a)
Are eighteen years of age or older;
(b)
Have been adopted, have a court-appointed guardian, or are otherwise
unavailable for adoption.
(4)
Profiles of children who are available for placement with qualified
adoptive parents shall be published only through the department's "It
Takes Heart" adoption initiative web site or its successor web
site. No person or government entity other than the department shall
publish profiles of children who are available for placement with
qualified adoptive parents.
(B)(1)
Each public children services agency, private child placing agency,
and private noncustodial agency shall, and an attorney may, create a
profile for each child to whom both of the following apply:
(a)
The agency or attorney serves the child who is available for
placement with qualified adoptive parents.
(b)
The child consents, in accordance with division (B)(2) of this
section, to have the profile created.
No
agency or attorney shall be required to create a profile of a child
if the child does not consent to have a profile created.
(2)(a)
No agency or attorney shall obtain consent from a child to create a
profile unless the child is twelve years of age or older.
(b)
In obtaining consent from the child, the agency or attorney shall
explain to the child the child's options and rights regarding the
profile in an adoption-competent, trauma-informed, and
developmentally appropriate manner.
(c)
The profile of a child who is part of a sibling group shall indicate
that the child is part of a sibling group and specify the number of
children in the sibling group.
(3)
In creating a profile, the agency or attorney shall be subject to the
following requirements:
(a)
A profile of a child shall not include any of the following:
(i)
Any personally identifiable information;
(ii)
The child's medical information or information regarding the child's
mental, physical, or social impairment or disability, including
information on behavioral issues or substance use;
(iii)
A picture or video of the child.
(b)
A child shall have the opportunity to provide input on what the
child's profile includes and to consent, in accordance with division
(B)(2) of this section, to any information included in the child's
profile.
(4)
The agency shall, and an attorney may, submit each profile it creates
to the department of children and youth's "It Takes Heart"
adoption initiative database.
(C)
The director of children and youth may adopt rules in accordance with
Chapter 119. of the Revised Code to implement this section.
Sec.
5180.23.
(A)
Each public children services agency shall report the following
information to the department of children and youth annually:
(1)
The total number of children adopted in the previous calendar year;
(2)
The total number of children available for adoption;
(3)
The ages of the children available for adoption.
(B)
Except as provided in division (C) of this section, the department of
children and youth shall compile a report of the information received
from the agencies under division (A) of this section. Not later than
the fourteenth day of February of each year, the department, in
accordance with section 101.68 of the Revised Code, shall submit to
the general assembly a report of the following information:
(1)
The total number of children adopted in the previous calendar year;
(2)
The total number of children available for adoption, sorted by
county;
(3)
The ages of the children available for adoption, organized as a
percentage of the total number of children available for adoption;
(4)
The total number of grants awarded under the Ohio adoption grant
program, sorted by the amount of one-time grant payments awarded
under divisions (B)(1) and (2) and (C) of section 5180.451 of the
Revised Code.
(C)
The department shall not publish data, including data in the
aggregate, if the number of children in division (B)(1), (2), or (3)
of this section is fewer than ten children.
Section
2.
That
existing section 5103.17 of the Revised Code is hereby repealed.