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As Passed by the Senate
136th
General Assembly
Regular
Session
Sub. S. B. No. 174
2025-2026
Senators Gavarone, Hicks-Hudson
Cosponsors: Senators Manning,
Cirino, Huffman, Patton, Reineke
To
amend sections 109.65, 313.121, 1713.55, 1733.242, 2108.81, 2111.08,
2151.011, 2151.23, 2151.33, 2151.90, 2301.03, 2307.50, 2317.02,
2701.03, 2705.031, 2901.30, 3101.041, 3105.011, 3105.21, 3105.63,
3105.65, 3109.03, 3109.04, 3109.043, 3109.05, 3109.051, 3109.052,
3109.054, 3109.055, 3109.06, 3109.061, 3109.09, 3109.11, 3109.12,
3109.401, 3109.41, 3109.42, 3109.43, 3109.44, 3109.47, 3109.48,
3109.50, 3109.51, 3109.52, 3109.53, 3109.55, 3109.56, 3109.58,
3109.60, 3109.65, 3109.66, 3109.68, 3109.74, 3111.13, 3111.26,
3111.381, 3113.31, 3119.01, 3119.06, 3119.07, 3119.08, 3119.24,
3119.82, 3119.87, 3119.964, 3125.03, 3125.06, 3125.43, 3127.01,
3127.11, 3127.23, 3127.35, 3310.51, 3313.205, 3313.64, 3313.666,
3313.672, 3313.712, 3313.96, 3313.98, 3319.321, 3321.01, 3323.143,
3328.01, 3332.25, 3333.26, 3345.85, 3701.503, 3780.33, 3796.24,
3902.13, 3924.47, 5104.017, 5104.018, 5104.039, 5107.02, 5120.652,
5120.653, 5123.01, 5153.16, and 5180.14; to amend, for the purpose of
adopting new section numbers as indicated in parentheses, sections
3109.043 (3109.0497), 3109.051 (3109.0515), 3109.054 (3109.0550), and
3109.055 (3109.0570); to enact new sections 3109.041, 3109.042,
3109.054, and 3109.055 and sections 3109.044, 3109.045, 3109.046,
3109.047, 3109.048, 3109.049, 3109.0410, 3109.0411, 3109.0412,
3109.0414, 3109.0415, 3109.0416, 3109.0417, 3109.0418, 3109.0419,
3109.0420, 3109.0421, 3109.0422, 3109.0423, 3109.0424, 3109.0425,
3109.0426, 3109.0428, 3109.0430, 3109.0432, 3109.0433, 3109.0434,
3109.0435, 3109.0436, 3109.0439, 3109.0440, 3109.0441, 3109.0442,
3109.0445, 3109.0446, 3109.0449, 3109.0450, 3109.0451, 3109.0452,
3109.0453, 3109.0455, 3109.0456, 3109.0457, 3109.0458, 3109.0459,
3109.0461, 3109.0462, 3109.0463, 3109.0465, 3109.0466, 3109.0467,
3109.0468, 3109.0470, 3109.0471, 3109.0472, 3109.0473, 3109.0474,
3109.0475, 3109.0476, 3109.0477, 3109.0478, 3109.0479, 3109.0482,
3109.0483, 3109.0484, 3109.0485, 3109.0486, 3109.0487, 3109.0488,
3109.0489, 3109.0490, 3109.0491, 3109.0492, 3109.0493, 3109.0498,
3109.056, 3109.057, 3109.058, 3109.059, 3109.0510, 3109.0511,
3109.0512, 3109.0516, 3109.0517, 3109.0518, 3109.0519, 3109.0521,
3109.0522, 3109.0523, 3109.0524, 3109.0526, 3109.0527, 3109.0528,
3109.0529, 3119.071, and 3119.072; and to repeal sections 3109.041,
3109.042, and 3109.053 of the Revised Code
regarding
the allocation of parenting responsibilities in a parenting plan.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 109.65, 313.121, 1713.55, 1733.242, 2108.81, 2111.08,
2151.011, 2151.23, 2151.33, 2151.90, 2301.03, 2307.50, 2317.02,
2701.03, 2705.031, 2901.30, 3101.041, 3105.011, 3105.21, 3105.63,
3105.65, 3109.03, 3109.04, 3109.043, 3109.05, 3109.051, 3109.052,
3109.054, 3109.055, 3109.06, 3109.061, 3109.09, 3109.11, 3109.12,
3109.401, 3109.41, 3109.42, 3109.43, 3109.44, 3109.47, 3109.48,
3109.50, 3109.51, 3109.52, 3109.53, 3109.55, 3109.56, 3109.58,
3109.60, 3109.65, 3109.66, 3109.68, 3109.74, 3111.13, 3111.26,
3111.381, 3113.31, 3119.01, 3119.06, 3119.07, 3119.08, 3119.24,
3119.82, 3119.87, 3119.964, 3125.03, 3125.06, 3125.43, 3127.01,
3127.11, 3127.23, 3127.35, 3310.51, 3313.205, 3313.64, 3313.666,
3313.672, 3313.712, 3313.96, 3313.98, 3319.321, 3321.01, 3323.143,
3328.01, 3332.25, 3333.26, 3345.85, 3701.503, 3780.33, 3796.24,
3902.13, 3924.47, 5104.017, 5104.018, 5104.039, 5107.02, 5120.652,
5120.653, 5123.01, 5153.16, and 5180.14 be amended; sections 3109.043
(3109.0497), 3109.051 (3109.0515), 3109.054 (3109.0550), and 3109.055
(3109.0570) be amended for the purpose of adopting new section
numbers as indicated in parentheses; and new sections 3109.041,
3109.042, 3109.054, and 3109.055 and sections 3109.044, 3109.045,
3109.046, 3109.047, 3109.048, 3109.049, 3109.0410, 3109.0411,
3109.0412, 3109.0414, 3109.0415, 3109.0416, 3109.0417, 3109.0418,
3109.0419, 3109.0420, 3109.0421, 3109.0422, 3109.0423, 3109.0424,
3109.0425, 3109.0426, 3109.0428, 3109.0430, 3109.0432, 3109.0433,
3109.0434, 3109.0435, 3109.0436, 3109.0439, 3109.0440, 3109.0441,
3109.0442, 3109.0445, 3109.0446, 3109.0449, 3109.0450, 3109.0451,
3109.0452, 3109.0453, 3109.0455, 3109.0456, 3109.0457, 3109.0458,
3109.0459, 3109.0461, 3109.0462, 3109.0463, 3109.0465, 3109.0466,
3109.0467, 3109.0468, 3109.0470, 3109.0471, 3109.0472, 3109.0473,
3109.0474, 3109.0475, 3109.0476, 3109.0477, 3109.0478, 3109.0479,
3109.0482, 3109.0483, 3109.0484, 3109.0485, 3109.0486, 3109.0487,
3109.0488, 3109.0489, 3109.0490, 3109.0491, 3109.0492, 3109.0493,
3109.0498, 3109.056, 3109.057, 3109.058, 3109.059, 3109.0510,
3109.0511, 3109.0512, 3109.0516, 3109.0517, 3109.0518, 3109.0519,
3109.0521, 3109.0522, 3109.0523, 3109.0524, 3109.0526, 3109.0527,
3109.0528, 3109.0529, 3119.071, and 3119.072 of the Revised Code be
enacted to read as follows:
Sec.
109.65.
(A)
As used in this section, "minor," "missing child,"
and "missing children" have the same meanings as in section
2901.30 of the Revised Code.
(B)
There is hereby created within the office of the attorney general the
missing children clearinghouse. The attorney general shall administer
the clearinghouse. The clearinghouse is established as a central
repository of information to coordinate and improve the availability
of information regarding missing children, which information shall be
collected and disseminated by the clearinghouse to assist in the
location of missing children. The clearinghouse shall act as an
information repository separate from and in addition to law
enforcement agencies within this state.
(C)
The missing children clearinghouse may perform any of the following
functions:
(1)
The establishment of services to aid in the location of missing
children that include, but are not limited to, any of the following
services:
(a)
Assistance in the preparation and dissemination of flyers identifying
and describing missing children and their abductors;
(b)
The development of informational forms for the reporting of missing
children that may be used by parents, guardians, and law enforcement
officials to facilitate the location of a missing child;
(c)
The provision of assistance to public and private organizations,
boards of education, nonpublic schools, preschools, child care
facilities, and law enforcement agencies in planning and implementing
voluntary programs to fingerprint children.
(2)
The establishment and operation of a toll-free telephone line for
supplemental reports of missing children and reports of sightings of
missing children;
(3)
Upon the request of any person or entity and upon payment of any
applicable fee established by the attorney general under division (H)
of this section, the provision to the person or entity who makes the
request of a copy of any information possessed by the clearinghouse
that was acquired or prepared pursuant to division (E)(3) of this
section;
(4)
The performance of liaison services between individuals and public
and private agencies regarding procedures for handling and responding
to missing children reports;
(5)
The participation as a member in any networks of other missing
children centers or clearinghouses;
(6)
The creation and operation of an intrastate network of communication
designed for the speedy collection and processing of information
concerning missing children.
(D)
If a board of education is notified by school personnel that a
missing child is attending any school under the board's jurisdiction,
or if the principal or chief administrative officer of a nonpublic
school is notified by school personnel that a missing child is
attending that school, the board or the principal or chief
administrative officer immediately shall give notice of that fact to
the missing children clearinghouse and to the law enforcement agency
with jurisdiction over the area where the missing child resides.
(E)(1)
The attorney general, in cooperation with the department of children
and youth, shall establish a "missing child educational program"
within the missing children clearinghouse that shall perform the
functions specified in divisions (E)(1) to (3) of this section. The
program shall operate under the supervision and control of the
attorney general in accordance with procedures that the attorney
general shall develop to implement divisions (E)(1) to (3) of this
section. The attorney general shall cooperate with the department of
education and workforce in developing and disseminating information
acquired or prepared pursuant to division (E)(3) of this section.
(2)
Upon the request of any board of education in this state or any
nonpublic school in this state, the missing child educational program
shall provide to the board or school a reasonable number of copies of
the information acquired or prepared pursuant to division (E)(3) of
this section.
Upon
the request of any board of education in this state or any nonpublic
school in this state that, pursuant to section 3313.96 of the Revised
Code, is developing an information program concerning missing
children issues and matters, the missing child educational program
shall provide to the board or nonpublic school assistance in
developing the information program. The assistance may include, but
is not limited to, the provision of any or all of the following:
(a)
If the requesting entity is a board of education of a school
district, sample policies on missing and exploited children issues to
assist the board in complying with section 3313.205 of the Revised
Code;
(b)
Suggested safety curricula regarding missing children issues,
including child safety and abduction prevention issues;
(c)
Assistance in developing, with local law enforcement agencies,
prosecuting attorneys, boards of education, school districts, and
nonpublic schools, cooperative programs for fingerprinting children;
(d)
Other assistance to further the goals of the program.
(3)
The missing child educational program shall acquire or prepare
informational materials relating to missing children issues and
matters. These issues and matters include, but are not limited to,
the following:
(a)
The types of missing children;
(b)
The reasons why and how minors become missing children, the potential
adverse consequences of a minor becoming a missing child, and, in the
case of minors who are considering running away from home or from the
care, custody, and control of their parents, parent who is the
residential
designated
parent
and legal custodian, guardian, legal custodian, or another person
responsible for them, alternatives that may be available to address
their concerns and problems;
(c)
Offenses under federal law that could relate to missing children and
other provisions of federal law that focus on missing children;
(d)
Offenses under the Revised Code that could relate to missing
children, including, but not limited to, kidnapping, abduction,
unlawful restraint, child stealing, interference with custody,
endangering children, domestic violence, abuse of a child and
contributing to the dependency, neglect, unruliness, or delinquency
of a child, sexual offenses, drug offenses, prostitution offenses,
and obscenity offenses, and other provisions of the Revised Code that
could relate to missing children;
(e)
Legislation being considered by the general assembly, legislatures of
other states, the congress of the United States, and political
subdivisions in this or any other state to address missing children
issues;
(f)
Sources of information on missing children issues;
(g)
State, local, federal, and private systems for locating and
identifying missing children;
(h)
Law enforcement agency programs, responsibilities, and investigative
techniques in missing children matters;
(i)
Efforts on the community level in this and other states, concerning
missing children issues and matters, by governmental entities and
private organizations;
(j)
The identification of private organizations that, among their primary
objectives, address missing children issues and matters;
(k)
How to avoid becoming a missing child and what to do if one becomes a
missing child;
(l)
Efforts that schools, parents, and members of a community can
undertake to reduce the risk that a minor will become a missing child
and to quickly locate or identify a minor if he becomes a missing
child, including, but not limited to, fingerprinting programs.
(F)
Each year the missing children clearinghouse shall issue a report
describing its performance of the functions specified in division (E)
of this section and shall provide a copy of the report to the speaker
of the house of representatives, the president of the senate, the
governor, the superintendent of the bureau of criminal identification
and investigation, and the director of children and youth.
(G)
Any state agency or political subdivision of this state that operates
a missing children program or a clearinghouse for information about
missing children shall coordinate its activities with the missing
children clearinghouse.
(H)
The attorney general shall determine a reasonable fee to be charged
for providing to any person or entity other than a state or local law
enforcement agency of this or any other state, a law enforcement
agency of the United States, a board of education of a school
district in this state, a nonpublic school in this state, a
governmental entity in this state, or a public library in this state,
pursuant to division (A)(3) of this section, copies of any
information acquired or prepared pursuant to division (E)(3) of this
section. The attorney general shall collect the fee prior to sending
or giving copies of any information to any person or entity for whom
or which this division requires the fee to be charged and shall
deposit the fee into the missing children fund created by division
(I) of this section.
(I)
There is hereby created in the state treasury the missing children
fund that shall consist of all moneys awarded to the state by
donation, gift, or bequest, all other moneys received for purposes of
this section, and all fees collected pursuant to this section or
section 109.64 of the Revised Code. The attorney general shall use
the moneys in the missing children fund only for purposes of the
office of the attorney general acquiring or preparing information
pursuant to division (E)(3) of this section.
(J)
The failure of the missing children clearinghouse to undertake any
function or activity authorized in this section does not create a
cause of action against the state.
Sec.
313.121.
(A)
As used in this section, "parent" means either parent,
except that if one parent
has
been designated
is
the
residential
designated
parent
and legal custodian of the child, "parent" means the
designated
residential
parent
and legal custodian, and if a person other than a parent is the
child's legal guardian, "parent" means the legal guardian.
(B)
If a child under two years of age dies suddenly when in apparent good
health, the death shall be reported immediately to the coroner of the
county in which the death occurred, as required by section 313.12 of
the Revised Code. Except as provided in division (C) of this section,
the coroner or deputy coroner shall perform an autopsy on the child.
The autopsy shall be performed in accordance with rules adopted by
the director of health under section 313.122 of the Revised Code. The
coroner or deputy coroner may perform research procedures and tests
when performing the autopsy.
If
the child was one year of age or younger at the time of death and the
death occurred suddenly and unexpectedly, the cause of which is not
immediately obvious prior to investigation, the coroner, deputy
coroner, or other individual who has been designated to investigate
the child's death shall complete a sudden unexplained infant death
investigation reporting form (SUIDI reporting form) developed by the
United States centers for disease control and prevention or an
alternative reporting form. The director of health may develop an
alternative reporting form in consultation with the Ohio state
coroners association. The individual who completes the reporting form
shall retain the form and send a copy of it to the appropriate child
fatality review board or regional child fatality review board
established under section 307.621 of the Revised Code. If a coroner
or deputy coroner completes the reporting form, a copy of the
coroner's report described in section 313.09 of the Revised Code
shall also be sent to the board.
A
completed reporting form and copies of completed reporting forms are
not public records under section 149.43 of the Revised Code.
(C)
A coroner or deputy coroner is not required to perform an autopsy if
the coroner of the county in which the death occurred or a court with
jurisdiction over the deceased body determines under section 313.131
of the Revised Code that an autopsy is contrary to the religious
beliefs of the child. If the coroner or the court makes such a
determination, the coroner shall notify the health district or
department of health with jurisdiction in the area in which the
child's parent resides. For purposes of this division, the religious
beliefs of the parents of a child shall be considered to be the
religious beliefs of the child.
(D)
If the child's parent makes a written or verbal request for the
preliminary results of the autopsy after the results are available,
the coroner, or a person designated by the coroner, shall give the
parent an oral statement of the preliminary results.
The
coroner, within a reasonable time after the final results of the
autopsy are reported, shall send written notice of the results to the
state department of health, the health district or department with
jurisdiction in the area in which the child's parent resides, and,
upon the request of a parent of the child, to the child's attending
physician. Upon the written request of a parent of the child and the
payment of the transcript fee required by section 313.10 of the
Revised Code, the coroner shall send written notice of the final
results to that parent. The notice sent to the state department of
health shall include all of the information specified in rules
adopted under section 313.122 of the Revised Code.
(E)
On the occurrence of any of the following, the health district or
department with jurisdiction in the area in which the child's parent
resides shall offer the parent any counseling or other supportive
services it has available:
(1)
When it learns through any source that an autopsy is being performed
on a child under two years of age who died suddenly when in apparent
good health;
(2)
When it receives notice that the final result of an autopsy performed
pursuant to this section concluded that the child died of sudden
infant death syndrome;
(3)
When it is notified by the coroner that, pursuant to division (C) of
this section, an autopsy was not performed.
(F)
When a health district or department receives notice that the final
result of an autopsy performed pursuant to this section concluded
that the child died of sudden infant death syndrome or that, pursuant
to division (C) of this section, an autopsy was not performed but
sudden infant death syndrome may have been the cause of death, it
shall offer the child's parent information about sudden infant death
syndrome. The state department of health shall ensure that current
information on sudden infant death syndrome is available for
distribution by health districts and departments.
Sec.
1713.55.
(A)
As used in this section:
(1)
"Nonprofit institution of higher education" or
"institution" means a nonprofit college, university, or
other institution that offers instruction in the arts and sciences,
business administration, engineering, philosophy, literature, fine
arts, law, medicine, nursing, social work, theology, and other
recognized academic and professional fields of study, and awards
degrees for fulfilling requirements of academic work beyond high
school.
(2)
"On-campus student housing" means a dormitory or other
student residence that is owned or operated by or located on the
campus of a nonprofit institution of higher education.
(3)
"Parent" means either parent
or legal custodian
,
except that if one parent
has
sole custody
is
the designated parent and legal custodian
,
"parent" means the
designated
parent
with custody
and legal custodian
.
"Parent" also includes a guardian or, in the absence of a
parent or guardian, another person who has accepted responsibility
for the care of the student.
(B)
Beginning with the academic year that commences on or after July 1,
2005, a nonprofit institution of higher education shall not permit a
student to reside in on-campus student housing unless the student,
or, if the student is younger than eighteen years of age, the
student's parent, discloses to the institution whether the student
has been vaccinated against meningococcal meningitis and hepatitis B
by submitting to the institution the meningitis and hepatitis B
vaccination status statement described in division (B) of section
3701.133 of the Revised Code or a meningitis status statement form
provided by the institution that meets the requirements of division
(B) of section 3701.133 of the Revised Code. The statement may be
submitted in written form or, if the institution has a secure web
site, in electronic form.
(C)
On receipt of an application for residence in on-campus student
housing, a nonprofit institution of higher education shall do both of
the following:
(1)
Inform the student of the disclosure requirement;
(2)
Provide the student in either written or, if the school has a secure
web site, electronic form the meningitis and hepatitis B vaccination
status statement described in division (B) of section 3701.133 of the
Revised Code or a meningitis status statement form provided by the
institution that meets the requirements of division (B) of section
3701.133 of the Revised Code.
(D)
This section does not require an institution to provide or pay for a
meningococcal meningitis or hepatitis B vaccination for any student.
Sec.
1733.242.
(A)
On the terms and conditions the credit union prescribes, a credit
union may do all of the following:
(1)
Provide safes, vaults, safe deposit boxes, night depositories, and
other secure receptacles for the uses, purposes, and benefits of its
members;
(2)
Receive tangible property and evidence of tangible or intangible
property for safekeeping using the credit union's safes, vaults,
secure receptacles, or safekeeping system; the safes, vaults, secure
receptacles, or safekeeping system of another credit union; or the
safekeeping system of a safekeeping agent or custodian.
(B)(1)
A credit union may enter into an agreement to rent a safe deposit box
to a minor and accept the appointment of a minor as agent or deputy
on any deposit or safe deposit box by any person, including a minor,
maintaining the deposit or safe deposit box.
(2)
When a credit union enters into a safe deposit box rental agreement
with a minor pursuant to division (B)(1) of this section, all of the
following apply:
(a)
The terms and conditions of the safe deposit box rental agreement are
binding on the minor the same as a person of legal age who rents a
safe deposit box.
(b)
The relationship between the credit union and the minor regarding the
safe deposit box rental agreement is in all respects the same as if
the minor were a person of legal age.
(c)
The credit union shall incur no liability for any transaction
regarding the safe deposit box solely because of doing business with
a minor.
(3)
Nothing in divisions (B)(1) and (2) of this section shall be
construed to limit the parental rights
and
parenting responsibilities
provided
under section 2111.08 of the Revised Code or to limit the rights of a
guardian appointed pursuant to Chapter 2111. of the Revised Code.
(C)
The superintendent of financial institutions shall promulgate rules
to qualify a credit union, safekeeping agent, or custodian that may
receive from another credit union tangible property and evidence of
tangible or intangible property for safekeeping pursuant to division
(A) of this section.
Sec.
2108.81.
(A)
If either of the following is true, division (B) of this section
shall apply:
(1)
A person has not executed a written declaration pursuant to sections
2108.70 to 2108.73 of the Revised Code that remains in force at the
time of the person's death.
(2)
Each person to whom the right of disposition has been assigned or
reassigned pursuant to a written declaration is disqualified from
exercising the right as described in section 2108.75 of the Revised
Code.
(B)
Subject to division (A) of this section and sections 2108.75 and
2108.79 of the Revised Code, the right of disposition is assigned to
the following persons, if mentally competent adults who can be
located with reasonable effort, in the order of priority stated:
(1)
The deceased person's surviving spouse;
(2)
The sole surviving child of the deceased person or, if there is more
than one surviving child, all of the surviving children,
collectively;
(3)
The deceased person's surviving parent or parents, subject to
division (C) of this section;
(4)
The deceased person's surviving sibling, whether of the whole or of
the half blood or, if there is more than one sibling of the whole or
of the half blood, all of the surviving siblings, collectively;
(5)
The deceased person's surviving grandparent or grandparents;
(6)
The deceased person's surviving grandchild, or if there is more than
one surviving grandchild, all of the surviving grandchildren
collectively;
(7)
The lineal descendants of the deceased person's grandparents, as
described in division (I) of section 2105.06 of the Revised Code;
(8)
The person who was the deceased person's guardian at the time of the
deceased person's death, if a guardian had been appointed;
(9)
Any other person willing to assume the right of disposition,
including the personal representative of the deceased person's estate
or the licensed funeral director with custody of the deceased
person's body, after attesting in writing that a good faith effort
has been made to locate the persons in divisions (B)(1) to (8) of
this section.
(10)
If the deceased person was an indigent person or other person the
final disposition of whose body is the financial and statutory
responsibility of the state or a political subdivision of this state,
the public officer or employee responsible for arranging the final
disposition of the remains of the deceased person.
(C)(1)
If a parent was the
residential
designated
parent
and legal custodian of the deceased person at the time the deceased
person reached the age of majority, that parent's right of
disposition for the deceased person shall take precedence over the
parent who was not the
residential
designated
parent
and legal custodian of the deceased person at that time.
(2)
Division (C)(1) of this section shall not apply if the parent with
precedence is disqualified from the right of disposition for the
deceased person under section 2108.75 of the Revised Code.
(3)
Section 2108.79 of the Revised Code shall not affect the precedence
under division (C)(1) of this section;
(4)
For purposes of this section, a parent's status as a
residential
designated
parent
and legal custodian of a child shall be established by a court order
or decree that allocates parental rights and
parenting
responsibilities
for
the care of the child
under
a parenting plan
and
was in effect up to or at the time that the deceased person reached
the age of majority, or by other uncontroverted evidence. No funeral
director, embalmer, or crematory operator is required to investigate
whether or not the person claiming to be the
residential
designated
parent
and legal custodian of a deceased person is in fact the
residential
designated
parent
and legal custodian.
Sec.
2111.08.
The
wife and husband are the joint natural guardians of their minor
children and are equally charged with their care, nurture, welfare,
and education and the care and management of their estates. The wife
and husband have equal powers, rights, and duties and neither parent
has any right paramount to the right of the other concerning the
parental rights and
parenting
responsibilities
for
the care of the minor
or
the right to be the
residential
designated
parent
and legal custodian of the minor, the control of the services or the
earnings of such minor, or any other matter affecting the minor;
provided that if either parent, to the exclusion of the other, is
maintaining and supporting the child, that parent shall have the
paramount right to control the services and earnings of the child.
Neither parent shall forcibly take a child from the guardianship of
the parent who is the
residential
designated
parent
and legal custodian of the child.
If
the wife and husband live apart, the court may award the guardianship
of a minor to either parent, and the state in which the parent who is
the
residential
designated
parent
and legal custodian or who otherwise has the lawful custody of the
minor resides has jurisdiction to determine questions concerning the
minor's guardianship.
Sec.
2151.011.
(A)
As used in the Revised Code:
(1)
"Juvenile court" means whichever of the following is
applicable that has jurisdiction under this chapter and Chapter 2152.
of the Revised Code:
(a)
The division of the court of common pleas specified in section
2101.022 or 2301.03 of the Revised Code as having jurisdiction under
this chapter and Chapter 2152. of the Revised Code or as being the
juvenile division or the juvenile division combined with one or more
other divisions;
(b)
The juvenile court of Cuyahoga county or Hamilton county that is
separately and independently created by section 2151.08 or Chapter
2153. of the Revised Code and that has jurisdiction under this
chapter and Chapter 2152. of the Revised Code;
(c)
If division (A)(1)(a) or (b) of this section does not apply, the
probate division of the court of common pleas.
(2)
"Juvenile judge" means a judge of a court having
jurisdiction under this chapter.
(3)
"Private child placing agency" means any association, as
defined in section 5103.02 of the Revised Code, that is certified
under section 5103.03 of the Revised Code to accept temporary,
permanent, or legal custody of children and place the children for
either foster care or adoption.
(4)
"Private noncustodial agency" means any person,
organization, association, or society certified by the department of
children and youth that does not accept temporary or permanent legal
custody of children, that is privately operated in this state, and
that does one or more of the following:
(a)
Receives and cares for children for two or more consecutive weeks;
(b)
Participates in the placement of children in certified foster homes;
(c)
Provides adoption services in conjunction with a public children
services agency or private child placing agency.
(B)
As used in this chapter:
(1)
"Adequate parental care" means the provision by a child's
parent or parents, guardian, or custodian of adequate food, clothing,
and shelter to ensure the child's health and physical safety and the
provision by a child's parent or parents of specialized services
warranted by the child's physical or mental needs.
(2)
"Adult" means an individual who is eighteen years of age or
older.
(3)
"Agreement for temporary custody" means a voluntary
agreement authorized by section 5103.15 of the Revised Code that
transfers the temporary custody of a child to a public children
services agency or a private child placing agency.
(4)
"Alternative response" means the public children services
agency's response to a report of child abuse or neglect that engages
the family in a comprehensive evaluation of child safety, risk of
subsequent harm, and family strengths and needs and that does not
include a determination as to whether child abuse or neglect
occurred.
(5)
"Certified foster home" means a foster home, as defined in
section 5103.02 of the Revised Code, certified under section 5103.03
of the Revised Code.
(6)
"Child" means a person who is under eighteen years of age,
except that the juvenile court has jurisdiction over any person who
is adjudicated an unruly child prior to attaining eighteen years of
age until the person attains twenty-one years of age, and, for
purposes of that jurisdiction related to that adjudication, a person
who is so adjudicated an unruly child shall be deemed a "child"
until the person attains twenty-one years of age.
(7)
"Child day camp," "child care," "child care
center," "part-time child care center," "type A
family child care home," "licensed type B family child care
home," "type B family child care home," "administrator
of a child care center," "administrator of a type A family
child care home," and "in-home aide" have the same
meanings as in section 5104.01 of the Revised Code.
(8)
"Child care provider" means an individual who is a
child-care staff member or administrator of a child care center, a
type A family child care home, or a type B family child care home, or
an in-home aide or an individual who is licensed, is regulated, is
approved, operates under the direction of, or otherwise is certified
by the department of children and youth, department of developmental
disabilities, or the early childhood programs of the department of
education.
(9)
"Commit" means to vest custody as ordered by the court.
(10)
"Counseling" includes both of the following:
(a)
General counseling services performed by a public children services
agency or shelter for victims of domestic violence to assist a child,
a child's parents, and a child's siblings in alleviating identified
problems that may cause or have caused the child to be an abused,
neglected, or dependent child.
(b)
Psychiatric or psychological therapeutic counseling services provided
to correct or alleviate any mental or emotional illness or disorder
and performed by a licensed psychiatrist, licensed psychologist, or a
person licensed under Chapter 4757. of the Revised Code to engage in
social work or professional counseling.
(11)
"Custodian" means a person who has legal custody of a child
or a public children services agency or private child placing agency
that has permanent, temporary, or legal custody of a child.
(12)
"Delinquent child" has the same meaning as in section
2152.02 of the Revised Code.
(13)
"Detention" means the temporary care of children pending
court adjudication or disposition, or execution of a court order, in
a public or private facility designed to physically restrict the
movement and activities of children.
(14)
"Developmental disability" has the same meaning as in
section 5123.01 of the Revised Code.
(15)
"Differential response approach" means an approach that a
public children services agency may use to respond to accepted
reports of child abuse or neglect with either an alternative response
or a traditional response.
(16)
"Foster caregiver" has the same meaning as in section
5103.02 of the Revised Code.
(17)
"Guardian" means a person, association, or corporation that
is granted authority by a probate court pursuant to Chapter 2111. of
the Revised Code to exercise parental rights
and
parenting responsibilities
over
a child to the extent provided in the court's order and subject to
the residual parental rights of the child's parents.
(18)
"Habitual truant" means any child of compulsory school age
who is absent without legitimate excuse for absence from the public
school the child is supposed to attend for thirty or more consecutive
hours, forty-two or more hours in one school month, or seventy-two or
more hours in a school year.
(19)
"Intellectual disability" has the same meaning as in
section 5123.01 of the Revised Code.
(20)
"Juvenile traffic offender" has the same meaning as in
section 2152.02 of the Revised Code.
(21)
"Legal custody" means a legal status that vests in the
custodian the right to have physical care and control of the child
and to determine where and with whom the child shall live, and the
right and duty to protect, train, and discipline the child and to
provide the child with food, shelter, education, and medical care,
all subject to any residual parental rights, privileges, and
responsibilities. An individual granted legal custody shall exercise
the rights and responsibilities personally unless otherwise
authorized by any section of the Revised Code or by the court.
(22)
A "legitimate excuse for absence from the public school the
child is supposed to attend" includes, but is not limited to,
any of the following:
(a)
The fact that the child in question has enrolled in and is attending
another public or nonpublic school in this or another state;
(b)
The fact that the child in question is excused from attendance at
school for any of the reasons specified in section 3321.04 or
3321.042 of the Revised Code;
(c)
The fact that the child in question has received an age and schooling
certificate in accordance with section 3331.01 of the Revised Code.
(23)
"Mental illness" has the same meaning as in section 5122.01
of the Revised Code.
(24)
"Mental injury" means any behavioral, cognitive, emotional,
or mental disorder in a child caused by an act or omission that is
described in section 2919.22 of the Revised Code and is committed by
the parent or other person responsible for the child's care.
(25)
"Nonsecure care, supervision, or training" means care,
supervision, or training of a child in a facility that does not
confine or prevent movement of the child within the facility or from
the facility.
(26)
"Of compulsory school age" has the same meaning as in
section 3321.01 of the Revised Code.
(27)
"Organization" means any institution, public, semipublic,
or private, and any private association, society, or agency located
or operating in the state, incorporated or unincorporated, having
among its functions the furnishing of protective services or care for
children, or the placement of children in certified foster homes or
elsewhere.
(28)
"Out-of-home care" means detention facilities, shelter
facilities, certified children's crisis care facilities, certified
foster homes, placement in a prospective adoptive home prior to the
issuance of a final decree of adoption, organizations, certified
organizations, child care centers, type A family child care homes,
type B family child care homes, child care provided by in-home aides,
group home providers, group homes, institutions, state institutions,
residential facilities, residential care facilities, residential
camps, day camps, private, nonprofit therapeutic wilderness camps,
public schools, chartered nonpublic schools, educational service
centers, hospitals, and medical clinics that are responsible for the
care, physical custody, or control of children.
(29)
"Out-of-home care child abuse" means any of the following
when committed by a person responsible for the care of a child in
out-of-home care:
(a)
Engaging in sexual activity with a child in the person's care;
(b)
Denial to a child, as a means of punishment, of proper or necessary
subsistence, education, medical care, or other care necessary for a
child's health;
(c)
Use of restraint procedures on a child that cause injury or pain;
(d)
Administration of prescription drugs or psychotropic medication to
the child without the written approval and ongoing supervision of a
licensed physician;
(e)
Commission of any act, other than by accidental means, that results
in any injury to or death of the child in out-of-home care or
commission of any act by accidental means that results in an injury
to or death of a child in out-of-home care and that is at variance
with the history given of the injury or death.
(30)
"Out-of-home care child neglect" means any of the following
when committed by a person responsible for the care of a child in
out-of-home care:
(a)
Failure to provide reasonable supervision according to the standards
of care appropriate to the age, mental and physical condition, or
other special needs of the child;
(b)
Failure to provide reasonable supervision according to the standards
of care appropriate to the age, mental and physical condition, or
other special needs of the child, that results in sexual or physical
abuse of the child by any person;
(c)
Failure to develop a process for all of the following:
(i)
Administration of prescription drugs or psychotropic drugs for the
child;
(ii)
Assuring that the instructions of the licensed physician who
prescribed a drug for the child are followed;
(iii)
Reporting to the licensed physician who prescribed the drug all
unfavorable or dangerous side effects from the use of the drug.
(d)
Failure to provide proper or necessary subsistence, education,
medical care, or other individualized care necessary for the health
or well-being of the child;
(e)
Confinement of the child to a locked room without monitoring by
staff;
(f)
Failure to provide ongoing security for all prescription and
nonprescription medication;
(g)
Isolation of a child for a period of time when there is substantial
risk that the isolation, if continued, will impair or retard the
mental health or physical well-being of the child.
(31)
"Permanent custody" means a legal status that vests in a
public children services agency or a private child placing agency,
all
parenting
responsibilities and
parental
rights, duties, and obligations, including the right to consent to
adoption, and divests the natural parents or adoptive parents of all
parenting
responsibilities and
parental
rights, privileges, and obligations, including all residual rights
and obligations.
(32)
"Permanent surrender" means the act of the parents or, if a
child has only one parent, of the parent of a child, by a voluntary
agreement authorized by section 5103.15 of the Revised Code, to
transfer the permanent custody of the child to a public children
services agency or a private child placing agency.
(33)
"Person" means an individual, association, corporation, or
partnership and the state or any of its political subdivisions,
departments, or agencies.
(34)
"Person responsible for a child's care in out-of-home care"
means any of the following:
(a)
Any foster caregiver, in-home aide, or provider;
(b)
Any administrator, employee, or agent of any of the following: a
public or private detention facility; shelter facility; certified
children's crisis care facility; organization; certified
organization; child care center; type A family child care home;
licensed type B family child care home; group home; institution;
state institution; residential facility; residential care facility;
residential camp; day camp; school district; community school;
chartered nonpublic school; educational service center; hospital; or
medical clinic;
(c)
Any person who supervises or coaches children as part of an
extracurricular activity sponsored by a school district, public
school, or chartered nonpublic school;
(d)
Any other person who performs a similar function with respect to, or
has a similar relationship to, children.
(35)
"Physical impairment" means having one or more of the
following conditions that substantially limit one or more of an
individual's major life activities, including self-care, receptive
and expressive language, learning, mobility, and self-direction:
(a)
A substantial impairment of vision, speech, or hearing;
(b)
A congenital orthopedic impairment;
(c)
An orthopedic impairment caused by disease, rheumatic fever or any
other similar chronic or acute health problem, or amputation or
another similar cause.
(36)
"Placement for adoption" means the arrangement by a public
children services agency or a private child placing agency with a
person for the care and adoption by that person of a child of whom
the agency has permanent custody.
(37)
"Placement in foster care" means the arrangement by a
public children services agency or a private child placing agency for
the out-of-home care of a child of whom the agency has temporary
custody or permanent custody.
(38)
"Planned permanent living arrangement" means an order of a
juvenile court pursuant to which both of the following apply:
(a)
The court gives legal custody of a child to a public children
services agency or a private child placing agency without the
termination of parental rights.
(b)
The order permits the agency to make an appropriate placement of the
child and to enter into a written agreement with a foster care
provider or with another person or agency with whom the child is
placed.
(39)
"Practice of social work" and "practice of
professional counseling" have the same meanings as in section
4757.01 of the Revised Code.
(40)
"Private, nonprofit therapeutic wilderness camp" has the
same meaning as in section 5103.02 of the Revised Code.
(41)
"Sanction, service, or condition" means a sanction,
service, or condition created by court order following an
adjudication that a child is an unruly child that is described in
division (A)(4) of section 2152.19 of the Revised Code.
(42)
"Protective supervision" means an order of disposition
pursuant to which the court permits an abused, neglected, dependent,
or unruly child to remain in the custody of the child's parents,
guardian, or custodian and stay in the child's home, subject to any
conditions and limitations upon the child, the child's parents,
guardian, or custodian, or any other person that the court
prescribes, including supervision as directed by the court for the
protection of the child.
(43)
"Psychiatrist" has the same meaning as in section 5122.01
of the Revised Code.
(44)
"Psychologist" has the same meaning as in section 4732.01
of the Revised Code.
(45)
"Resource caregiver" has the same meaning as in section
5103.02 of the Revised Code.
(46)
"Resource family" has the same meaning as in section
5103.02 of the Revised Code.
(47)
"Residential camp" means a program in which the care,
physical custody, or control of children is accepted overnight for
recreational or recreational and educational purposes.
(48)
"Residential care facility" means an institution,
residence, or facility that is licensed by the department of mental
health and addiction services under section 5119.34 of the Revised
Code and that provides care for a child.
(49)
"Residential facility" means a home or facility that is
licensed by the department of developmental disabilities under
section 5123.19 of the Revised Code and in which a child with a
developmental disability resides.
(50)
"Residual parental rights, privileges, and responsibilities"
means those rights, privileges, and responsibilities remaining with
the natural parent after the transfer of legal custody of the child,
including, but not necessarily limited to, the privilege of
reasonable visitation, consent to adoption, the privilege to
determine the child's religious affiliation, and the responsibility
for support.
(51)
"School day" means the school day established by the board
of education of the applicable school district pursuant to section
3313.481 of the Revised Code.
(52)
"School year" has the same meaning as in section 3313.62 of
the Revised Code.
(53)
"Secure correctional facility" means a facility under the
direction of the department of youth services that is designed to
physically restrict the movement and activities of children and used
for the placement of children after adjudication and disposition.
(54)
"Sexual activity" has the same meaning as in section
2907.01 of the Revised Code.
(55)
"Shelter" means the temporary care of children in
physically unrestricted facilities pending court adjudication or
disposition.
(56)
"Shelter for victims of domestic violence" has the same
meaning as in section 3113.33 of the Revised Code.
(57)
"Temporary custody" means legal custody of a child who is
removed from the child's home, which custody may be terminated at any
time at the discretion of the court or, if the legal custody is
granted in an agreement for temporary custody, by the person who
executed the agreement.
(58)
"Traditional response" means a public children services
agency's response to a report of child abuse or neglect that
encourages engagement of the family in a comprehensive evaluation of
the child's current and future safety needs and a fact-finding
process to determine whether child abuse or neglect occurred and the
circumstances surrounding the alleged harm or risk of harm.
(C)
For the purposes of this chapter, a child shall be presumed abandoned
when the parents of the child have failed to visit or maintain
contact with the child for more than ninety days, regardless of
whether the parents resume contact with the child after that period
of ninety days.
Sec.
2151.23.
(A)
The juvenile court has exclusive original jurisdiction under the
Revised Code as follows:
(1)
Concerning any child who on or about the date specified in the
complaint, indictment, or information is alleged to have violated
section 2151.87 of the Revised Code or an order issued under that
section or to be a juvenile traffic offender or a delinquent, unruly,
abused, neglected, or dependent child and, based on and in relation
to the allegation pertaining to the child, concerning the parent,
guardian, or other person having care of a child who is alleged to be
an unruly child for being an habitual truant or who is alleged to be
a delinquent child for violating a court order regarding the child's
prior adjudication as an unruly child for being an habitual truant;
(2)
Subject to divisions (G), (I), (K), and (V) of section 2301.03 of the
Revised Code, to determine the custody of any child not a ward of
another court of this state;
(3)
To hear and determine any application for a writ of habeas corpus
involving the custody of a child;
(4)
To exercise the powers and jurisdiction given the probate division of
the court of common pleas in Chapter 5122. of the Revised Code, if
the court has probable cause to believe that a child otherwise within
the jurisdiction of the court is a person with a mental illness
subject to court order, as defined in section 5122.01 of the Revised
Code;
(5)
To hear and determine all criminal cases charging adults with the
violation of any section of this chapter;
(6)
To hear and determine all criminal cases in which an adult is charged
with a violation of division (C) of section 2919.21, division (B)(1)
of section 2919.22, section 2919.222, division (B) of section
2919.23, or section 2919.24 of the Revised Code, provided the charge
is not included in an indictment that also charges the alleged adult
offender with the commission of a felony arising out of the same
actions that are the basis of the alleged violation of division (C)
of section 2919.21, division (B)(1) of section 2919.22, section
2919.222, division (B) of section 2919.23, or section 2919.24 of the
Revised Code;
(7)
Under the interstate compact on juveniles in section 2151.56 of the
Revised Code;
(8)
Concerning any child who is to be taken into custody pursuant to
section 2151.31 of the Revised Code, upon being notified of the
intent to take the child into custody and the reasons for taking the
child into custody;
(9)
To hear and determine requests for the extension of temporary custody
agreements, and requests for court approval of permanent custody
agreements, that are filed pursuant to section 5103.15 of the Revised
Code;
(10)
To hear and determine applications for consent to marry pursuant to
section 3101.04 of the Revised Code;
(11)
Subject to divisions (G), (I), (K), and (V) of section 2301.03 of the
Revised Code, to hear and determine a request for an order for the
support of any child if the request is not ancillary to an action for
divorce, dissolution of marriage, annulment, or legal separation, a
criminal or civil action involving an allegation of domestic
violence, or an action for support brought under Chapter 3115. of the
Revised Code;
(12)
Concerning an action commenced under section 121.38 of the Revised
Code;
(13)
To hear and determine violations of section 3321.38 of the Revised
Code;
(14)
To exercise jurisdiction and authority over the parent, guardian, or
other person having care of a child alleged to be a delinquent child,
unruly child, or juvenile traffic offender, based on and in relation
to the allegation pertaining to the child;
(15)
To conduct the hearings, and to make the determinations,
adjudications, and orders authorized or required under sections
2152.82 to 2152.86 and Chapter 2950. of the Revised Code regarding a
child who has been adjudicated a delinquent child and to refer the
duties conferred upon the juvenile court judge under sections 2152.82
to 2152.86 and Chapter 2950. of the Revised Code to magistrates
appointed by the juvenile court judge in accordance with Juvenile
Rule 40;
(16)
To hear and determine a petition for a protection order against a
child under section 2151.34 or 3113.31 of the Revised Code and to
enforce a protection order issued or a consent agreement approved
under either section against a child until a date certain but not
later than the date the child attains nineteen years of age;
(17)
Concerning emancipated young adults under sections 2151.45 to
2151.455 of the Revised Code;
(18)
To hear and determine a request for a court order to examine and
interview a child who may be an abused, neglected, or dependent child
under section 2151.25 of the Revised Code.
(B)
Except as provided in divisions (G), (I), and (P) of section 2301.03
of the Revised Code, the juvenile court has original jurisdiction
under the Revised Code:
(1)
To hear and determine all cases of misdemeanors charging adults with
any act or omission with respect to any child, which act or omission
is a violation of any state law or any municipal ordinance;
(2)
To determine the paternity of any child alleged to have been born out
of wedlock pursuant to sections 3111.01 to 3111.18 of the Revised
Code;
(3)
Under the uniform interstate family support act in Chapter 3115. of
the Revised Code;
(4)
To hear and determine an application for an order for the support of
any child, if the child is not a ward of another court of this state;
(5)
To hear and determine an action commenced under section 3111.28 of
the Revised Code;
(6)
To hear and determine a motion filed under section 3119.961 of the
Revised Code;
(7)
To receive filings under section 3109.74 of the Revised Code, and to
hear and determine actions arising under sections 3109.51 to 3109.80
of the Revised Code.
(8)
To enforce an order for the return of a child made under the Hague
Convention on the Civil Aspects of International Child Abduction
pursuant to section 3127.32 of the Revised Code;
(9)
To grant any relief normally available under the laws of this state
to enforce a child custody determination made by a court of another
state and registered in accordance with section 3127.35 of the
Revised Code.
(C)
The juvenile court, except as to juvenile courts that are a separate
division of the court of common pleas or a separate and independent
juvenile court, has jurisdiction to hear, determine, and make a
record of any action for divorce or legal separation that involves
the custody or care of children and that is filed in the court of
common pleas and certified by the court of common pleas with all the
papers filed in the action to the juvenile court for trial, provided
that no certification of that nature shall be made to any juvenile
court unless the consent of the juvenile judge first is obtained.
After a certification of that nature is made and consent is obtained,
the juvenile court shall proceed as if the action originally had been
begun in that court, except as to awards for spousal support or
support due and unpaid at the time of certification, over which the
juvenile court has no jurisdiction.
(D)
The juvenile court, except as provided in division (I) of section
2301.03 of the Revised Code, has jurisdiction to hear and determine
all matters as to custody and support of children duly certified by
the court of common pleas to the juvenile court after a divorce
decree has been granted, including jurisdiction to modify the
judgment and decree of the court of common pleas as the same relate
to the custody and support of children.
(E)
The juvenile court, except as provided in division (I) of section
2301.03 of the Revised Code, has jurisdiction to hear and determine
the case of any child certified to the court by any court of
competent jurisdiction if the child comes within the jurisdiction of
the juvenile court as defined by this section.
(F)(1)
The juvenile court shall exercise its jurisdiction in child custody
matters in accordance with sections 3109.04
to
3109.0498
and
3127.01 to 3127.53 of the Revised Code and, as applicable, sections
5103.20 to 5103.22 or 5103.23 to 5103.237 of the Revised Code.
(2)
The juvenile court shall exercise its jurisdiction in child support
matters in accordance with section 3109.05 of the Revised Code.
(G)
Any juvenile court that makes or modifies an order for child support
shall comply with Chapters 3119., 3121., 3123., and 3125. of the
Revised Code. If any person required to pay child support under an
order made by a juvenile court 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.
(H)
If a child who is charged with an act that would be an offense if
committed by an adult was fourteen years of age or older and under
eighteen years of age at the time of the alleged act and if the case
is transferred for criminal prosecution pursuant to section 2152.12
of the Revised Code, except as provided in section 2152.121 of the
Revised Code, the juvenile court does not have jurisdiction to hear
or determine the case subsequent to the transfer. The court to which
the case is transferred for criminal prosecution pursuant to that
section has jurisdiction subsequent to the transfer to hear and
determine the case in the same manner as if the case originally had
been commenced in that court, subject to section 2152.121 of the
Revised Code, including, but not limited to, jurisdiction to accept a
plea of guilty or another plea authorized by Criminal Rule 11 or
another section of the Revised Code and jurisdiction to accept a
verdict and to enter a judgment of conviction pursuant to the Rules
of Criminal Procedure against the child for the commission of the
offense that was the basis of the transfer of the case for criminal
prosecution, whether the conviction is for the same degree or a
lesser degree of the offense charged, for the commission of a
lesser-included offense, or for the commission of another offense
that is different from the offense charged. Section 2152.022 of the
Revised Code applies with respect to the transfer of a case for
criminal prosecution as described in this division and the
determination of jurisdiction after the transfer and, as described in
division (B) of that section, the juvenile court retains jurisdiction
over charges included in the complaint or complaints containing the
allegation that is the basis of the transfer that are not
transferred.
(I)
If a person under eighteen years of age allegedly commits an act that
would be a felony if committed by an adult and if the person is not
taken into custody or apprehended for that act until after the person
attains twenty-one years of age, the juvenile court does not have
jurisdiction to hear or determine any portion of the case charging
the person with committing that act. In those circumstances,
divisions (A) and (B) of section 2152.12 of the Revised Code do not
apply regarding the act, and the case charging the person with
committing the act shall be a criminal prosecution commenced and
heard in the appropriate court having jurisdiction of the offense as
if the person had been eighteen years of age or older when the person
committed the act. All proceedings pertaining to the act shall be
within the jurisdiction of the court having jurisdiction of the
offense, and that court has all the authority and duties in the case
that it has in other criminal cases in that court.
(J)
In exercising its exclusive original jurisdiction under division
(A)(16) of this section with respect to any proceedings brought under
section 2151.34 or 3113.31 of the Revised Code in which the
respondent is a child, the juvenile court retains all dispositionary
powers consistent with existing rules of juvenile procedure and may
also exercise its discretion to adjudicate proceedings as provided in
sections 2151.34 and 3113.31 of the Revised Code, including the
issuance of protection orders or the approval of consent agreements
under those sections.
Sec.
2151.33.
(A)
Pending hearing of a complaint filed under section 2151.27 of the
Revised Code or a motion filed or made under division (B) of this
section and the service of citations, the juvenile court may make any
temporary disposition of any child that it considers necessary to
protect the best interest of the child and that can be made pursuant
to division (B) of this section. Upon the certificate of one or more
reputable practicing physicians, certified nurse-midwives, clinical
nurse specialists, or certified nurse practitioners, the court may
summarily provide for emergency medical and surgical treatment that
appears to be immediately necessary to preserve the health and
well-being of any child concerning whom a complaint or an application
for care has been filed, pending the service of a citation upon the
child's parents, guardian, or custodian. The court may order the
parents, guardian, or custodian, if the court finds the parents,
guardian, or custodian able to do so, to reimburse the court for the
expense involved in providing the emergency medical or surgical
treatment. Any person who disobeys the order for reimbursement may be
adjudged in contempt of court and punished accordingly.
If
the emergency medical or surgical treatment is furnished to a child
who is found at the hearing to be a nonresident of the county in
which the court is located and if the expense of the medical or
surgical treatment cannot be recovered from the parents, legal
guardian, or custodian of the child, the board of county
commissioners of the county in which the child has a legal settlement
shall reimburse the court for the reasonable cost of the emergency
medical or surgical treatment out of its general fund.
(B)(1)
After a complaint, petition, writ, or other document initiating a
case dealing with an alleged or adjudicated abused, neglected, or
dependent child is filed and upon the filing or making of a motion
pursuant to division (C) of this section, the court, prior to the
final disposition of the case, may issue any of the following
temporary orders to protect the best interest of the child:
(a)
An order granting temporary custody of the child to a particular
party;
(b)
An order for the taking of the child into custody pursuant to section
2151.31 of the Revised Code pending the outcome of the adjudicatory
and dispositional hearings;
(c)
An order granting, limiting, or eliminating parenting time
under
a parenting plan
or
companionship
or
visitation
rights
with
respect to the child;
(d)
An order requiring a party to vacate a residence that will be
lawfully occupied by the child;
(e)
An order requiring a party to attend an appropriate counseling
program that is reasonably available to that party;
(f)
Any other order that restrains or otherwise controls the conduct of
any party which conduct would not be in the best interest of the
child.
(2)
Prior to the final disposition of a case subject to division (B)(1)
of this section, the court shall do both of the following:
(a)
Issue an order pursuant to Chapters 3119. to 3125. of the Revised
Code requiring the parents, guardian, or person charged with the
child's support to pay support for the child.
(b)
Issue an order requiring the parents, guardian, or person charged
with the child's support to continue to maintain any health insurance
coverage for the child that existed at the time of the filing of the
complaint, petition, writ, or other document, or to obtain health
insurance coverage in accordance with sections 3119.29 to 3119.56 of
the Revised Code.
(C)(1)
A court may issue an order pursuant to division (B) of this section
upon its own motion or if a party files a written motion or makes an
oral motion requesting the issuance of the order and stating the
reasons for it. Any notice sent by the court as a result of a motion
pursuant to this division shall contain a notice that any party to a
juvenile proceeding has the right to be represented by counsel and to
have appointed counsel if the person is indigent.
(2)
If a child is taken into custody pursuant to section 2151.31 of the
Revised Code and placed in shelter care, the public children services
agency or private child placing agency with which the child is placed
in shelter care shall file or make a motion as described in division
(C)(1) of this section before the end of the next day immediately
after the date on which the child was taken into custody and, at a
minimum, shall request an order for temporary custody under division
(B)(1)(a) of this section.
(3)
A court that issues an order pursuant to division (B)(1)(b) of this
section shall comply with section 2151.419 of the Revised Code.
(D)
The court may grant an ex parte order upon its own motion or a motion
filed or made pursuant to division (C) of this section requesting
such an order if it appears to the court that the best interest and
the welfare of the child require that the court issue the order
immediately. The court, if acting on its own motion, or the person
requesting the granting of an ex parte order, to the extent possible,
shall give notice of its intent or of the request to the parents,
guardian, or custodian of the child who is the subject of the
request. If the court issues an ex parte order, the court shall hold
a hearing to review the order within seventy-two hours after it is
issued or before the end of the next day after the day on which it is
issued, whichever occurs first. The court shall give written notice
of the hearing to all parties to the action and shall appoint a
guardian ad litem for the child prior to the hearing.
The
written notice shall be given by all means that are reasonably likely
to result in the party receiving actual notice and shall include all
of the following:
(1)
The date, time, and location of the hearing;
(2)
The issues to be addressed at the hearing;
(3)
A statement that every party to the hearing has a right to counsel
and to court-appointed counsel, if the party is indigent;
(4)
The name, telephone number, and address of the person requesting the
order;
(5)
A copy of the order, except when it is not possible to obtain it
because of the exigent circumstances in the case.
If
the court does not grant an ex parte order pursuant to a motion filed
or made pursuant to division (C) of this section or its own motion,
the court shall hold a shelter care hearing on the motion within ten
days after the motion is filed. The court shall give notice of the
hearing to all affected parties in the same manner as set forth in
the Juvenile Rules.
(E)
The court, pending the outcome of the adjudicatory and dispositional
hearings, shall not issue an order granting temporary custody of a
child to a public children services agency or private child placing
agency pursuant to this section, unless the court determines and
specifically states in the order that the continued residence of the
child in the child's current home will be contrary to the child's
best interest and welfare and the court complies with section
2151.419 of the Revised Code.
(F)
Each public children services agency and private child placing agency
that receives temporary custody of a child pursuant to this section
shall exercise due diligence to identify and provide notice to all
adult grandparents and other adult relatives of the child, including
any adult relatives suggested by the parents, within thirty days of
the child's removal from the custody of the child's parents, in
accordance with 42 U.S.C. 671(a)(29). The agency shall also maintain
in the child's case record written documentation that it has placed
the child, to the extent that it is consistent with the best
interest, welfare, and special needs of the child, in the most
family-like setting available and in close proximity to the home of
the parents, custodian, or guardian of the child.
(G)
For good cause shown, any court order that is issued pursuant to this
section may be reviewed by the court at any time upon motion of any
party to the action or upon the motion of the court.
(H)(1)
Pending the hearing of a complaint filed under section 2151.27 of the
Revised Code or a motion filed or made under division (B) of this
section and the service of citations, a public children services
agency may request that the superintendent of the bureau of criminal
identification and investigation conduct a criminal records check
with respect to each parent, guardian, custodian, prospective
custodian, or prospective placement whose actions resulted in a
temporary disposition under division (A) of this section. The public
children services agency may request that the superintendent obtain
information from the federal bureau of investigation as part of the
criminal records check of each parent, guardian, custodian,
prospective custodian, or prospective placement.
(2)
Each public children services agency authorized by division (H) of
this section to request a criminal records check shall do both of the
following:
(a)
Provide to each parent, guardian, custodian, prospective custodian,
or prospective placement for whom a criminal records check is
requested a copy of the form prescribed pursuant to division (C)(1)
of section 109.572 of the Revised Code and a standard fingerprint
impression sheet prescribed pursuant to division (C)(2) of that
section and obtain the completed form and impression sheet from the
parent, guardian, custodian, prospective custodian, or prospective
placement;
(b)
Forward the completed form and impression sheet to the superintendent
of the bureau of criminal identification and investigation.
(3)
A parent, guardian, custodian, prospective custodian, or prospective
placement who is given a form and fingerprint impression sheet under
division (H)(2)(a) of this section and who fails to complete the form
or provide fingerprint impressions may be held in contempt of court.
Sec.
2151.90.
(A)
As used in sections 2151.90 to 2151.9011 of the Revised Code:
(1)
"Host family" means any individual who provides care in the
individual's private residence for a child or single-family group, at
the request of the child's
custodial
parents,
designated
parent
and legal custodian
,
guardian, or legal custodian, under a host family agreement. The
individual also may provide care for the individual's own child or
children. The term "host family" excludes a foster home.
(2)
"Qualified organization" means a private association,
organization, corporation, nonprofit, or other entity that is not a
Title IV-E reimbursable setting and that has established a program
that does all of the following:
(a)
Provides resources and services to assist, support, and educate
parents, host families, children, or any person hosting a child under
a host family agreement on a temporary basis;
(b)
Requires a criminal records check on the intended host family and all
adults residing in the host family's household;
(c)
Requires a background check in the central registry of abuse and
neglect of this state from the department of children and youth for
the intended host family and all adults residing in the host family's
household;
(d)
Ensures that the host family is trained on the rights, duties,
responsibilities, and limitations as outlined in the host family
agreement;
(e)
Conduct in-home supervision of a child who is the subject of the host
family agreement while the agreement is in force as follows:
(i)
For hostings of fewer than thirty days, within two business days of
placement and then at least once a week thereafter;
(ii)
For hostings of thirty days but less than ninety days, within two
business days of placement and then twice a month;
(iii)
For hostings of ninety days or more, within two business days of
placement and then an option for less frequent supervision, as
determined in accordance with the best interests of the child.
(f)
Plans for the return of the child who is the subject of the host
family agreement to the child's parents, guardian, or legal
custodian.
"Qualified
organization" excludes any entity that accepts public money
intended for foster care or kinship care funding or the placement of
children by a public children services agency, private noncustodial
agency, or private child placing agency.
(3)
"Temporary basis" means a period of time not to exceed one
year, except as provided in section 2151.901 of the Revised Code.
(B)
A child may be hosted by a host family only when all of the following
conditions are satisfied:
(1)
The hosting is done on a temporary basis.
(2)
The hosting is done under a host family agreement entered into with a
qualified organization's assistance.
(3)
Either one or both of the child's parents, or the child's guardian or
legal custodian, are incarcerated, incapacitated, receiving medical,
psychiatric, or psychological treatment, on active military service,
or subject to other circumstances under which the hosting is
appropriate.
(4)
The host family provides care only to that child or only to a
single-family group, in addition to the host family's own child or
children if applicable.
Sec.
2301.03.
(A)
In Franklin county, the judges of the court of common pleas whose
terms begin on January 1, 1953, January 2, 1953, January 5, 1969,
January 5, 1977, January 2, 1997, January 9, 2019, and January 3,
2021, and successors, shall have the same qualifications, exercise
the same powers and jurisdiction, and receive the same compensation
as other judges of the court of common pleas of Franklin county and
shall be elected and designated as judges of the court of common
pleas, division of domestic relations. They shall have all the powers
relating to juvenile courts, and all cases under Chapters 2151. and
2152. of the Revised Code, all parentage proceedings under Chapter
3111. of the Revised Code over which the juvenile court has
jurisdiction, and all divorce, dissolution of marriage, legal
separation, and annulment cases shall be assigned to them. In
addition to the judge's regular duties, the judge who is senior in
point of service shall serve on the children services board and the
county advisory board and shall be the administrator of the domestic
relations division and its subdivisions and departments.
(B)
In Hamilton county:
(1)
The judge of the court of common pleas, whose term begins on January
1, 1957, and successors, and the judge of the court of common pleas,
whose term begins on February 14, 1967, and successors, shall be the
juvenile judges as provided in Chapters 2151. and 2152. of the
Revised Code, with the powers and jurisdiction conferred by those
chapters.
(2)
The judges of the court of common pleas whose terms begin on January
5, 1957, January 16, 1981, and July 1, 1991, and successors, shall be
elected and designated as judges of the court of common pleas,
division of domestic relations, and shall have assigned to them all
divorce, dissolution of marriage, legal separation, and annulment
cases coming before the court. On or after the first day of July and
before the first day of August of 1991 and each year thereafter, a
majority of the judges of the division of domestic relations shall
elect one of the judges of the division as administrative judge of
that division. If a majority of the judges of the division of
domestic relations are unable for any reason to elect an
administrative judge for the division before the first day of August,
a majority of the judges of the Hamilton county court of common
pleas, as soon as possible after that date, shall elect one of the
judges of the division of domestic relations as administrative judge
of that division. The term of the administrative judge shall begin on
the earlier of the first day of August of the year in which the
administrative judge is elected or the date on which the
administrative judge is elected by a majority of the judges of the
Hamilton county court of common pleas and shall terminate on the date
on which the administrative judge's successor is elected in the
following year.
In
addition to the judge's regular duties, the administrative judge of
the division of domestic relations shall be the administrator of the
domestic relations division and its subdivisions and departments and
shall have charge of the employment, assignment, and supervision of
the personnel of the division engaged in handling, servicing, or
investigating divorce, dissolution of marriage, legal separation, and
annulment cases, including any referees considered necessary by the
judges in the discharge of their various duties.
The
administrative judge of the division of domestic relations also shall
designate the title, compensation, expense allowances, hours, leaves
of absence, and vacations of the personnel of the division, and shall
fix the duties of its personnel. The duties of the personnel, in
addition to those provided for in other sections of the Revised Code,
shall include the handling, servicing, and investigation of divorce,
dissolution of marriage, legal separation, and annulment cases and
counseling and conciliation services that may be made available to
persons requesting them, whether or not the persons are parties to an
action pending in the division.
The
board of county commissioners shall appropriate the sum of money each
year as will meet all the administrative expenses of the division of
domestic relations, including reasonable expenses of the domestic
relations judges and the division counselors and other employees
designated to conduct the handling, servicing, and investigation of
divorce, dissolution of marriage, legal separation, and annulment
cases, conciliation and counseling, and all matters relating to those
cases and counseling, and the expenses involved in the attendance of
division personnel at domestic relations and welfare conferences
designated by the division, and the further sum each year as will
provide for the adequate operation of the division of domestic
relations.
The
compensation and expenses of all employees and the salary and
expenses of the judges shall be paid by the county treasurer from the
money appropriated for the operation of the division, upon the
warrant of the county auditor, certified to by the administrative
judge of the division of domestic relations.
The
summonses, warrants, citations, subpoenas, and other writs of the
division may issue to a bailiff, constable, or staff investigator of
the division or to the sheriff of any county or any marshal,
constable, or police officer, and the provisions of law relating to
the subpoenaing of witnesses in other cases shall apply insofar as
they are applicable. When a summons, warrant, citation, subpoena, or
other writ is issued to an officer, other than a bailiff, constable,
or staff investigator of the division, the expense of serving it
shall be assessed as a part of the costs in the case involved.
(3)
The judge of the court of common pleas of Hamilton county whose term
begins on January 3, 1997, and the successors to that judge shall
each be elected and designated as the drug court judge of the court
of common pleas of Hamilton county.
Eligibility
for admission of a case into the drug court shall be set forth in a
local rule adopted by the court of common pleas of Hamilton county.
The local rule specifying eligibility shall not permit referral to
the drug court of a case that involves a felony of the first or
second degree, a violation of any prohibition contained in Chapter
2907. of the Revised Code that is a felony of the third degree, or a
violation of section 2903.01 or 2903.02 of the Revised Code.
(4)
If the administrative judge of the court of common pleas of Hamilton
county determines that the volume of cases pending before the drug
court judge does not constitute a sufficient caseload for the drug
court judge, the administrative judge, in accordance with the Rules
of Superintendence for Courts of Common Pleas, shall assign
individual cases to the drug court judge from the general docket of
the court. If the assignments so occur, the administrative judge
shall cease the assignments when the administrative judge determines
that the volume of cases pending before the drug court judge
constitutes a sufficient caseload for the drug court judge.
(C)(1)
In Lorain county:
(a)
The judges of the court of common pleas whose terms begin on January
3, 1959, January 4, 1989, and January 2, 1999, and successors, and
the judge of the court of common pleas whose term begins on February
9, 2009, shall have the same qualifications, exercise the same powers
and jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Lorain county and shall be
elected and designated as the judges of the court of common pleas,
division of domestic relations. The judges of the court of common
pleas whose terms begin on January 3, 1959, January 4, 1989, and
January 2, 1999, and successors, shall have all of the powers
relating to juvenile courts, and all cases under Chapters 2151. and
2152. of the Revised Code, all parentage proceedings over which the
juvenile court has jurisdiction, and all divorce, dissolution of
marriage, legal separation, and annulment cases shall be assigned to
them, except cases that for some special reason are assigned to some
other judge of the court of common pleas. From February 9, 2009,
through September 28, 2009, the judge of the court of common pleas
whose term begins on February 9, 2009, shall have all the powers
relating to juvenile courts, and cases under Chapters 2151. and 2152.
of the Revised Code, parentage proceedings over which the juvenile
court has jurisdiction, and divorce, dissolution of marriage, legal
separation, and annulment cases shall be assigned to that judge,
except cases that for some special reason are assigned to some other
judge of the court of common pleas.
(b)
From January 1, 2006, through September 28, 2009, the judges of the
court of common pleas, division of domestic relations, in addition to
the powers and jurisdiction set forth in division (C)(1)(a) of this
section, shall have jurisdiction over matters that are within the
jurisdiction of the probate court under Chapter 2101. and other
provisions of the Revised Code.
(c)
The judge of the court of common pleas, division of domestic
relations, whose term begins on February 9, 2009, is the successor to
the probate judge who was elected in 2002 for a term that began on
February 9, 2003. After September 28, 2009, the judge of the court of
common pleas, division of domestic relations, whose term begins on
February 9, 2009, shall be the probate judge.
(2)(a)
From February 9, 2009, through September 28, 2009, with respect to
Lorain county, all references in law to the probate court shall be
construed as references to the court of common pleas, division of
domestic relations, and all references to the probate judge shall be
construed as references to the judges of the court of common pleas,
division of domestic relations.
(b)
From February 9, 2009, through September 28, 2009, with respect to
Lorain county, all references in law to the clerk of the probate
court shall be construed as references to the judge who is serving
pursuant to Rule 4 of the Rules of Superintendence for the Courts of
Ohio as the administrative judge of the court of common pleas,
division of domestic relations.
(D)
In Lucas county:
(1)
The judges of the court of common pleas whose terms begin on January
1, 1955, and January 3, 1965, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of common
pleas of Lucas county and shall be elected and designated as judges
of the court of common pleas, division of domestic relations. All
divorce, dissolution of marriage, legal separation, and annulment
cases shall be assigned to them.
The
judge of the division of domestic relations, senior in point of
service, shall be considered as the presiding judge of the court of
common pleas, division of domestic relations, and shall be charged
exclusively with the assignment and division of the work of the
division and the employment and supervision of all other personnel of
the domestic relations division.
(2)
The judges of the court of common pleas whose terms begin on January
5, 1977, and January 2, 1991, and successors shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of common
pleas of Lucas county, shall be elected and designated as judges of
the court of common pleas, juvenile division, and shall be the
juvenile judges as provided in Chapters 2151. and 2152. of the
Revised Code with the powers and jurisdictions conferred by those
chapters. In addition to the judge's regular duties, the judge of the
court of common pleas, juvenile division, senior in point of service,
shall be the administrator of the juvenile division and its
subdivisions and departments and shall have charge of the employment,
assignment, and supervision of the personnel of the division engaged
in handling, servicing, or investigating juvenile cases, including
any referees considered necessary by the judges of the division in
the discharge of their various duties.
The
judge of the court of common pleas, juvenile division, senior in
point of service, also shall designate the title, compensation,
expense allowance, hours, leaves of absence, and vacation of the
personnel of the division and shall fix the duties of the personnel
of the division. The duties of the personnel, in addition to other
statutory duties include the handling, servicing, and investigation
of juvenile cases and counseling and conciliation services that may
be made available to persons requesting them, whether or not the
persons are parties to an action pending in the division.
(3)
If one of the judges of the court of common pleas, division of
domestic relations, or one of the judges of the juvenile division is
sick, absent, or unable to perform that judge's judicial duties or
the volume of cases pending in that judge's division necessitates it,
the duties shall be performed by the judges of the other of those
divisions.
(E)
In Mahoning county:
(1)
The judge of the court of common pleas whose term began on January 1,
1955, and successors, shall have the same qualifications, exercise
the same powers and jurisdiction, and receive the same compensation
as other judges of the court of common pleas of Mahoning county,
shall be elected and designated as judge of the court of common
pleas, division of domestic relations, and shall be assigned all the
divorce, dissolution of marriage, legal separation, and annulment
cases coming before the court. In addition to the judge's regular
duties, the judge of the court of common pleas, division of domestic
relations, shall be the administrator of the domestic relations
division and its subdivisions and departments and shall have charge
of the employment, assignment, and supervision of the personnel of
the division engaged in handling, servicing, or investigating
divorce, dissolution of marriage, legal separation, and annulment
cases, including any referees considered necessary in the discharge
of the various duties of the judge's office.
The
judge also shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the personnel
of the division and shall fix the duties of the personnel of the
division. The duties of the personnel, in addition to other statutory
duties, include the handling, servicing, and investigation of
divorce, dissolution of marriage, legal separation, and annulment
cases and counseling and conciliation services that may be made
available to persons requesting them, whether or not the persons are
parties to an action pending in the division.
(2)
The judge of the court of common pleas whose term began on January 2,
1969, and successors, shall have the same qualifications, exercise
the same powers and jurisdiction, and receive the same compensation
as other judges of the court of common pleas of Mahoning county,
shall be elected and designated as judge of the court of common
pleas, juvenile division, and shall be the juvenile judge as provided
in Chapters 2151. and 2152. of the Revised Code, with the powers and
jurisdictions conferred by those chapters. In addition to the judge's
regular duties, the judge of the court of common pleas, juvenile
division, shall be the administrator of the juvenile division and its
subdivisions and departments and shall have charge of the employment,
assignment, and supervision of the personnel of the division engaged
in handling, servicing, or investigating juvenile cases, including
any referees considered necessary by the judge in the discharge of
the judge's various duties.
The
judge also shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacation of the personnel
of the division and shall fix the duties of the personnel of the
division. The duties of the personnel, in addition to other statutory
duties, include the handling, servicing, and investigation of
juvenile cases and counseling and conciliation services that may be
made available to persons requesting them, whether or not the persons
are parties to an action pending in the division.
(3)
If a judge of the court of common pleas, division of domestic
relations or juvenile division, is sick, absent, or unable to perform
that judge's judicial duties, or the volume of cases pending in that
judge's division necessitates it, that judge's duties shall be
performed by another judge of the court of common pleas.
(F)
In Montgomery county:
(1)
The judges of the court of common pleas whose terms begin on January
2, 1953, and January 4, 1977, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of common
pleas of Montgomery county and shall be elected and designated as
judges of the court of common pleas, division of domestic relations.
These judges shall have assigned to them all divorce, dissolution of
marriage, legal separation, and annulment cases.
The
judge of the division of domestic relations, senior in point of
service, shall be charged exclusively with the assignment and
division of the work of the division and shall have charge of the
employment and supervision of the personnel of the division engaged
in handling, servicing, or investigating divorce, dissolution of
marriage, legal separation, and annulment cases, including any
necessary referees, except those employees who may be appointed by
the judge, junior in point of service, under this section and
sections 2301.12 and 2301.18 of the Revised Code. The judge of the
division of domestic relations, senior in point of service, also
shall designate the title, compensation, expense allowances, hours,
leaves of absence, and vacation of the personnel of the division and
shall fix their duties.
(2)
The judges of the court of common pleas whose terms begin on January
1, 1953, and January 1, 1993, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of common
pleas of Montgomery county, shall be elected and designated as judges
of the court of common pleas, juvenile division, and shall be, and
have the powers and jurisdiction of, the juvenile judge as provided
in Chapters 2151. and 2152. of the Revised Code.
In
addition to the judge's regular duties, the judge of the court of
common pleas, juvenile division, senior in point of service, shall be
the administrator of the juvenile division and its subdivisions and
departments and shall have charge of the employment, assignment, and
supervision of the personnel of the juvenile division, including any
necessary referees, who are engaged in handling, servicing, or
investigating juvenile cases. The judge, senior in point of service,
also shall designate the title, compensation, expense allowances,
hours, leaves of absence, and vacation of the personnel of the
division and shall fix their duties. The duties of the personnel, in
addition to other statutory duties, shall include the handling,
servicing, and investigation of juvenile cases and of any counseling
and conciliation services that are available upon request to persons,
whether or not they are parties to an action pending in the division.
If
one of the judges of the court of common pleas, division of domestic
relations, or one of the judges of the court of common pleas,
juvenile division, is sick, absent, or unable to perform that judge's
duties or the volume of cases pending in that judge's division
necessitates it, the duties of that judge may be performed by the
judge or judges of the other of those divisions.
(G)
In Richland county:
(1)
The judge of the court of common pleas whose term begins on January
1, 1957, and successors, shall have the same qualifications, exercise
the same powers and jurisdiction, and receive the same compensation
as the other judges of the court of common pleas of Richland county
and shall be elected and designated as judge of the court of common
pleas, division of domestic relations. That judge shall be assigned
and hear all divorce, dissolution of marriage, legal separation, and
annulment cases, all domestic violence cases arising under section
3113.31 of the Revised Code, and all post-decree proceedings arising
from any case pertaining to any of those matters. The division of
domestic relations has concurrent jurisdiction with the juvenile
division of the court of common pleas of Richland county to determine
the care, custody, or control of any child not a ward of another
court of this state, and to hear and determine a request for an order
for the support of any child if the request is not ancillary to an
action for divorce, dissolution of marriage, annulment, or legal
separation, a criminal or civil action involving an allegation of
domestic violence, or an action for support brought under Chapter
3115. of the Revised Code. Except in cases that are subject to the
exclusive original jurisdiction of the juvenile court, the judge of
the division of domestic relations shall be assigned and hear all
cases pertaining to paternity or parentage, the care, custody, or
control of children,
parenting
time
companionship
or
visitation, child support, or the allocation of parental rights and
parenting
responsibilities
for
the care of children
under
a parenting plan
,
all proceedings arising under Chapter 3111. of the Revised Code, all
proceedings arising under the uniform interstate family support act
contained in Chapter 3115. of the Revised Code, and all post-decree
proceedings arising from any case pertaining to any of those matters.
In
addition to the judge's regular duties, the judge of the court of
common pleas, division of domestic relations, shall be the
administrator of the domestic relations division and its subdivisions
and departments. The judge shall have charge of the employment,
assignment, and supervision of the personnel of the domestic
relations division, including any magistrates the judge considers
necessary for the discharge of the judge's duties. The judge shall
also designate the title, compensation, expense allowances, hours,
leaves of absence, vacation, and other employment-related matters of
the personnel of the division and shall fix their duties.
(2)
The judge of the court of common pleas whose term begins on January
3, 2005, and successors, shall have the same qualifications, exercise
the same powers and jurisdiction, and receive the same compensation
as other judges of the court of common pleas of Richland county,
shall be elected and designated as judge of the court of common
pleas, juvenile division, and shall be, and have the powers and
jurisdiction of, the juvenile judge as provided in Chapters 2151. and
2152. of the Revised Code. Except in cases that are subject to the
exclusive original jurisdiction of the juvenile court, the judge of
the juvenile division shall not have jurisdiction or the power to
hear, and shall not be assigned, any case pertaining to paternity or
parentage, the care, custody, or control of children,
parenting
time
companionship
or
visitation, child support, or the allocation of parental rights and
parenting
responsibilities
for
the care of children
under
a parenting plan
or
any post-decree proceeding arising from any case pertaining to any of
those matters. The judge of the juvenile division shall not have
jurisdiction or the power to hear, and shall not be assigned, any
proceeding under the uniform interstate family support act contained
in Chapter 3115. of the Revised Code.
In
addition to the judge's regular duties, the judge of the juvenile
division shall be the administrator of the juvenile division and its
subdivisions and departments. The judge shall have charge of the
employment, assignment, and supervision of the personnel of the
juvenile division who are engaged in handling, servicing, or
investigating juvenile cases, including any magistrates whom the
judge considers necessary for the discharge of the judge's various
duties.
The
judge of the juvenile division also shall designate the title,
compensation, expense allowances, hours, leaves of absence, and
vacation of the personnel of the division and shall fix their duties.
The duties of the personnel, in addition to other statutory duties,
include the handling, servicing, and investigation of juvenile cases
and providing any counseling, conciliation, and mediation services
that the court makes available to persons, whether or not the persons
are parties to an action pending in the court, who request the
services.
(H)(1)
In Stark county, the judges of the court of common pleas whose terms
begin on January 1, 1953, January 2, 1959, and January 1, 1993, and
successors, shall have the same qualifications, exercise the same
powers and jurisdiction, and receive the same compensation as other
judges of the court of common pleas of Stark county and shall be
elected and designated as judges of the court of common pleas, family
court division. They shall have all the powers relating to juvenile
courts, and all cases under Chapters 2151. and 2152. of the Revised
Code, all parentage proceedings over which the juvenile court has
jurisdiction, and all divorce, dissolution of marriage, legal
separation, and annulment cases, except cases that are assigned to
some other judge of the court of common pleas for some special
reason, shall be assigned to the judges.
(2)
The judge of the family court division, second most senior in point
of service, shall have charge of the employment and supervision of
the personnel of the division engaged in handling, servicing, or
investigating divorce, dissolution of marriage, legal separation, and
annulment cases, and necessary referees required for the judge's
respective court.
(3)
The judge of the family court division, senior in point of service,
shall be charged exclusively with the administration of sections
2151.13, 2151.16, 2151.17, and 2152.71 of the Revised Code and with
the assignment and division of the work of the division and the
employment and supervision of all other personnel of the division,
including, but not limited to, that judge's necessary referees, but
excepting those employees who may be appointed by the judge second
most senior in point of service. The senior judge further shall serve
in every other position in which the statutes permit or require a
juvenile judge to serve.
(4)
On and after September 29, 2015, all references in law to "the
division of domestic relations," "the domestic relations
division," "the domestic relations court," "the
judge of the division of domestic relations," or "the judge
of the domestic relations division" shall be construed, with
respect to Stark county, as being references to "the family
court division" or "the judge of the family court
division."
(I)
In Summit county:
(1)
The judges of the court of common pleas whose terms begin on January
4, 1967, and January 6, 1993, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of common
pleas of Summit county and shall be elected and designated as judges
of the court of common pleas, division of domestic relations. The
judges of the division of domestic relations shall have assigned to
them and hear all divorce, dissolution of marriage, legal separation,
and annulment cases that come before the court. Except in cases that
are subject to the exclusive original jurisdiction of the juvenile
court, the judges of the division of domestic relations shall have
assigned to them and hear all cases pertaining to paternity, custody,
companionship
or
visitation,
child support, or the allocation of parental rights and
parenting
responsibilities
for
the care of children
under
a parenting plan
and
all post-decree proceedings arising from any case pertaining to any
of those matters. The judges of the division of domestic relations
shall have assigned to them and hear all proceedings under the
uniform interstate family support act contained in Chapter 3115. of
the Revised Code.
The
judge of the division of domestic relations, senior in point of
service, shall be the administrator of the domestic relations
division and its subdivisions and departments and shall have charge
of the employment, assignment, and supervision of the personnel of
the division, including any necessary referees, who are engaged in
handling, servicing, or investigating divorce, dissolution of
marriage, legal separation, and annulment cases. That judge also
shall designate the title, compensation, expense allowances, hours,
leaves of absence, and vacations of the personnel of the division and
shall fix their duties. The duties of the personnel, in addition to
other statutory duties, shall include the handling, servicing, and
investigation of divorce, dissolution of marriage, legal separation,
and annulment cases and of any counseling and conciliation services
that are available upon request to all persons, whether or not they
are parties to an action pending in the division.
(2)
The judge of the court of common pleas whose term begins on January
1, 1955, and successors, shall have the same qualifications, exercise
the same powers and jurisdiction, and receive the same compensation
as other judges of the court of common pleas of Summit county, shall
be elected and designated as judge of the court of common pleas,
juvenile division, and shall be, and have the powers and jurisdiction
of, the juvenile judge as provided in Chapters 2151. and 2152. of the
Revised Code. Except in cases that are subject to the exclusive
original jurisdiction of the juvenile court, the judge of the
juvenile division shall not have jurisdiction or the power to hear,
and shall not be assigned, any case pertaining to paternity, custody,
companionship
or
visitation,
child support, or the allocation of parental rights and
parenting
responsibilities
for
the care of children
under
a parenting plan
or
any post-decree proceeding arising from any case pertaining to any of
those matters. The judge of the juvenile division shall not have
jurisdiction or the power to hear, and shall not be assigned, any
proceeding under the uniform interstate family support act contained
in Chapter 3115. of the Revised Code.
The
juvenile judge shall be the administrator of the juvenile division
and its subdivisions and departments and shall have charge of the
employment, assignment, and supervision of the personnel of the
juvenile division, including any necessary referees, who are engaged
in handling, servicing, or investigating juvenile cases. The judge
also shall designate the title, compensation, expense allowances,
hours, leaves of absence, and vacation of the personnel of the
division and shall fix their duties. The duties of the personnel, in
addition to other statutory duties, shall include the handling,
servicing, and investigation of juvenile cases and of any counseling
and conciliation services that are available upon request to persons,
whether or not they are parties to an action pending in the division.
(J)
In Trumbull county, the judges of the court of common pleas whose
terms begin on January 1, 1953, and January 2, 1977, and successors,
shall have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges of
the court of common pleas of Trumbull county and shall be elected and
designated as judges of the court of common pleas, division of
domestic relations. They shall have all the powers relating to
juvenile courts, and all cases under Chapters 2151. and 2152. of the
Revised Code, all parentage proceedings over which the juvenile court
has jurisdiction, and all divorce, dissolution of marriage, legal
separation, and annulment cases shall be assigned to them, except
cases that for some special reason are assigned to some other judge
of the court of common pleas.
(K)
In Butler county:
(1)
The judges of the court of common pleas whose terms begin on January
1, 1957, and January 4, 1993, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of common
pleas of Butler county and shall be elected and designated as judges
of the court of common pleas, division of domestic relations. The
judges of the division of domestic relations shall have assigned to
them all divorce, dissolution of marriage, legal separation, and
annulment cases coming before the court, except in cases that for
some special reason are assigned to some other judge of the court of
common pleas. The judges of the division of domestic relations also
have concurrent jurisdiction with judges of the juvenile division of
the court of common pleas of Butler county with respect to and may
hear cases to determine the custody, support, or custody and support
of a child who is born of issue of a marriage and who is not the ward
of another court of this state, cases commenced by a party of the
marriage to obtain an order requiring support of any child when the
request for that order is not ancillary to an action for divorce,
dissolution of marriage, annulment, or legal separation, a criminal
or civil action involving an allegation of domestic violence, an
action for support under Chapter 3115. of the Revised Code, or an
action that is within the exclusive original jurisdiction of the
juvenile division of the court of common pleas of Butler county and
that involves an allegation that the child is an abused, neglected,
or dependent child, and post-decree proceedings and matters arising
from those types of cases. The judge senior in point of service shall
be charged with the assignment and division of the work of the
division and with the employment and supervision of all other
personnel of the domestic relations division.
The
judge senior in point of service also shall designate the title,
compensation, expense allowances, hours, leaves of absence, and
vacations of the personnel of the division and shall fix their
duties. The duties of the personnel, in addition to other statutory
duties, shall include the handling, servicing, and investigation of
divorce, dissolution of marriage, legal separation, and annulment
cases and providing any counseling and conciliation services that the
division makes available to persons, whether or not the persons are
parties to an action pending in the division, who request the
services.
(2)
The judges of the court of common pleas whose terms begin on January
3, 1987, and January 2, 2003, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of common
pleas of Butler county, shall be elected and designated as judges of
the court of common pleas, juvenile division, and shall be the
juvenile judges as provided in Chapters 2151. and 2152. of the
Revised Code, with the powers and jurisdictions conferred by those
chapters. Except in cases that are subject to the exclusive original
jurisdiction of the juvenile court, the judges of the juvenile
division shall not have jurisdiction or the power to hear and shall
not be assigned, but shall have the limited ability and authority to
certify, any case commenced by a party of a marriage to determine the
custody, support, or custody and support of a child who is born of
issue of the marriage and who is not the ward of another court of
this state when the request for the order in the case is not
ancillary to an action for divorce, dissolution of marriage,
annulment, or legal separation. The judge of the court of common
pleas, juvenile division, who is senior in point of service, shall be
the administrator of the juvenile division and its subdivisions and
departments. The judge, senior in point of service, shall have charge
of the employment, assignment, and supervision of the personnel of
the juvenile division who are engaged in handling, servicing, or
investigating juvenile cases, including any referees whom the judge
considers necessary for the discharge of the judge's various duties.
The
judge, senior in point of service, also shall designate the title,
compensation, expense allowances, hours, leaves of absence, and
vacation of the personnel of the division and shall fix their duties.
The duties of the personnel, in addition to other statutory duties,
include the handling, servicing, and investigation of juvenile cases
and providing any counseling and conciliation services that the
division makes available to persons, whether or not the persons are
parties to an action pending in the division, who request the
services.
(3)
If a judge of the court of common pleas, division of domestic
relations or juvenile division, is sick, absent, or unable to perform
that judge's judicial duties or the volume of cases pending in the
judge's division necessitates it, the duties of that judge shall be
performed by the other judges of the domestic relations and juvenile
divisions.
(L)(1)
In Cuyahoga county, the judges of the court of common pleas whose
terms begin on January 8, 1961, January 9, 1961, January 18, 1975,
January 19, 1975, and January 13, 1987, and successors, shall have
the same qualifications, exercise the same powers and jurisdiction,
and receive the same compensation as other judges of the court of
common pleas of Cuyahoga county and shall be elected and designated
as judges of the court of common pleas, division of domestic
relations. They shall have all the powers relating to all divorce,
dissolution of marriage, legal separation, and annulment cases,
except in cases that are assigned to some other judge of the court of
common pleas for some special reason.
(2)
The administrative judge is administrator of the domestic relations
division and its subdivisions and departments and has the following
powers concerning division personnel:
(a)
Full charge of the employment, assignment, and supervision;
(b)
Sole determination of compensation, duties, expenses, allowances,
hours, leaves, and vacations.
(3)
"Division personnel" include persons employed or referees
engaged in hearing, servicing, investigating, counseling, or
conciliating divorce, dissolution of marriage, legal separation and
annulment matters.
(M)
In Lake county:
(1)
The judge of the court of common pleas whose term begins on January
2, 1961, and successors, shall have the same qualifications, exercise
the same powers and jurisdiction, and receive the same compensation
as the other judges of the court of common pleas of Lake county and
shall be elected and designated as judge of the court of common
pleas, division of domestic relations. The judge shall be assigned
all the divorce, dissolution of marriage, legal separation, and
annulment cases coming before the court, except in cases that for
some special reason are assigned to some other judge of the court of
common pleas. The judge shall be charged with the assignment and
division of the work of the division and with the employment and
supervision of all other personnel of the domestic relations
division.
The
judge also shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the personnel
of the division and shall fix their duties. The duties of the
personnel, in addition to other statutory duties, shall include the
handling, servicing, and investigation of divorce, dissolution of
marriage, legal separation, and annulment cases and providing any
counseling and conciliation services that the division makes
available to persons, whether or not the persons are parties to an
action pending in the division, who request the services.
(2)
The judge of the court of common pleas whose term begins on January
4, 1979, and successors, shall have the same qualifications, exercise
the same powers and jurisdiction, and receive the same compensation
as other judges of the court of common pleas of Lake county, shall be
elected and designated as judge of the court of common pleas,
juvenile division, and shall be the juvenile judge as provided in
Chapters 2151. and 2152. of the Revised Code, with the powers and
jurisdictions conferred by those chapters. The judge of the court of
common pleas, juvenile division, shall be the administrator of the
juvenile division and its subdivisions and departments. The judge
shall have charge of the employment, assignment, and supervision of
the personnel of the juvenile division who are engaged in handling,
servicing, or investigating juvenile cases, including any referees
whom the judge considers necessary for the discharge of the judge's
various duties.
The
judge also shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacation of the personnel
of the division and shall fix their duties. The duties of the
personnel, in addition to other statutory duties, include the
handling, servicing, and investigation of juvenile cases and
providing any counseling and conciliation services that the division
makes available to persons, whether or not the persons are parties to
an action pending in the division, who request the services.
(3)
If a judge of the court of common pleas, division of domestic
relations or juvenile division, is sick, absent, or unable to perform
that judge's judicial duties or the volume of cases pending in the
judge's division necessitates it, the duties of that judge shall be
performed by the other judges of the domestic relations and juvenile
divisions.
(N)
In Erie county:
(1)
The judge of the court of common pleas whose term begins on January
2, 1971, and the successors to that judge whose terms begin before
January 2, 2007, shall have the same qualifications, exercise the
same powers and jurisdiction, and receive the same compensation as
the other judge of the court of common pleas of Erie county and shall
be elected and designated as judge of the court of common pleas,
division of domestic relations. The judge shall have all the powers
relating to juvenile courts, and shall be assigned all cases under
Chapters 2151. and 2152. of the Revised Code, parentage proceedings
over which the juvenile court has jurisdiction, and divorce,
dissolution of marriage, legal separation, and annulment cases,
except cases that for some special reason are assigned to some other
judge.
On
or after January 2, 2007, the judge of the court of common pleas who
is elected in 2006 shall be the successor to the judge of the
domestic relations division whose term expires on January 1, 2007,
shall be designated as judge of the court of common pleas, juvenile
division, and shall be the juvenile judge as provided in Chapters
2151. and 2152. of the Revised Code with the powers and jurisdictions
conferred by those chapters.
(2)
The judge of the court of common pleas, general division, whose term
begins on January 1, 2005, and successors, the judge of the court of
common pleas, general division whose term begins on January 2, 2005,
and successors, and the judge of the court of common pleas, general
division, whose term begins February 9, 2009, and successors, shall
have assigned to them, in addition to all matters that are within the
jurisdiction of the general division of the court of common pleas,
all divorce, dissolution of marriage, legal separation, and annulment
cases coming before the court, and all matters that are within the
jurisdiction of the probate court under Chapter 2101., and other
provisions, of the Revised Code.
(O)
In Greene county:
(1)
The judge of the court of common pleas whose term begins on January
1, 1961, and successors, shall have the same qualifications, exercise
the same powers and jurisdiction, and receive the same compensation
as the other judges of the court of common pleas of Greene county and
shall be elected and designated as the judge of the court of common
pleas, division of domestic relations. The judge shall be assigned
all divorce, dissolution of marriage, legal separation, annulment,
uniform reciprocal support enforcement, and domestic violence cases
and all other cases related to domestic relations, except cases that
for some special reason are assigned to some other judge of the court
of common pleas.
The
judge shall be charged with the assignment and division of the work
of the division and with the employment and supervision of all other
personnel of the division. The judge also shall designate the title,
compensation, hours, leaves of absence, and vacations of the
personnel of the division and shall fix their duties. The duties of
the personnel of the division, in addition to other statutory duties,
shall include the handling, servicing, and investigation of divorce,
dissolution of marriage, legal separation, and annulment cases and
the provision of counseling and conciliation services that the
division considers necessary and makes available to persons who
request the services, whether or not the persons are parties in an
action pending in the division. The compensation for the personnel
shall be paid from the overall court budget and shall be included in
the appropriations for the existing judges of the general division of
the court of common pleas.
(2)
The judge of the court of common pleas whose term begins on January
1, 1995, and successors, shall have the same qualifications, exercise
the same powers and jurisdiction, and receive the same compensation
as the other judges of the court of common pleas of Greene county,
shall be elected and designated as judge of the court of common
pleas, juvenile division, and, on or after January 1, 1995, shall be
the juvenile judge as provided in Chapters 2151. and 2152. of the
Revised Code with the powers and jurisdiction conferred by those
chapters. The judge of the court of common pleas, juvenile division,
shall be the administrator of the juvenile division and its
subdivisions and departments. The judge shall have charge of the
employment, assignment, and supervision of the personnel of the
juvenile division who are engaged in handling, servicing, or
investigating juvenile cases, including any referees whom the judge
considers necessary for the discharge of the judge's various duties.
The
judge also shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacation of the personnel
of the division and shall fix their duties. The duties of the
personnel, in addition to other statutory duties, include the
handling, servicing, and investigation of juvenile cases and
providing any counseling and conciliation services that the court
makes available to persons, whether or not the persons are parties to
an action pending in the court, who request the services.
(3)
If one of the judges of the court of common pleas, general division,
is sick, absent, or unable to perform that judge's judicial duties or
the volume of cases pending in the general division necessitates it,
the duties of that judge of the general division shall be performed
by the judge of the division of domestic relations and the judge of
the juvenile division.
(P)
In Portage county, the judge of the court of common pleas, whose term
begins January 2, 1987, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as the other judges of the court of
common pleas of Portage county and shall be elected and designated as
judge of the court of common pleas, division of domestic relations.
The judge shall be assigned all divorce, dissolution of marriage,
legal separation, and annulment cases, all cases arising under
Chapter 3111. of the Revised Code, all proceedings involving child
support, the allocation of parental rights and
parenting
responsibilities
for
the care of children
under
a parenting plan
and
the designation for the children of a place of residence and legal
custodian
,
parenting time
,
and
companionship
or
visitation,
all proceedings arising under the uniform interstate family support
act contained in Chapter 3115. of the Revised Code, all proceedings
arising under sections 3119.96 to 3119.967 of the Revised Code, all
proceedings arising under the uniform child custody jurisdiction and
enforcement act contained in Chapter 3127. of the Revised Code, and
all post-decree proceedings and matters arising from those cases and
proceedings, except in cases that for some special reason are
assigned to some other judge of the court of common pleas. The judge
shall be charged with the assignment and division of the work of the
division and with the employment and supervision of all other
personnel of the domestic relations division.
The
judge also shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the personnel
of the division and shall fix their duties. The duties of the
personnel, in addition to other statutory duties, shall include the
handling, servicing, and investigation of divorce, dissolution of
marriage, legal separation, and annulment cases, cases arising under
Chapter 3111. of the Revised Code, proceedings involving child
support, the allocation of parental rights and
parenting
responsibilities
for
the care of children
under
a parenting plan
and
the designation for the children of a place of residence and legal
custodian
,
parenting time
,
and
companionship
or
visitation,
proceedings arising under the uniform interstate family support act
contained in Chapter 3115. of the Revised Code, proceedings arising
under sections 3119.96 to 3119.967 of the Revised Code, and
proceedings arising under the uniform child custody jurisdiction and
enforcement act contained in Chapter 3127. of the Revised Code, and
providing any counseling and conciliation services that the division
makes available to persons, whether or not the persons are parties to
an action pending in the division, who request the services.
(Q)
In Clermont county, the judge of the court of common pleas, whose
term begins January 2, 1987, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as the other judges of the court of
common pleas of Clermont county and shall be elected and designated
as judge of the court of common pleas, division of domestic
relations. The judge shall be assigned all divorce, dissolution of
marriage, legal separation, and annulment cases coming before the
court, except in cases that for some special reason are assigned to
some other judge of the court of common pleas. The judge shall be
charged with the assignment and division of the work of the division
and with the employment and supervision of all other personnel of the
domestic relations division.
The
judge also shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the personnel
of the division and shall fix their duties. The duties of the
personnel, in addition to other statutory duties, shall include the
handling, servicing, and investigation of divorce, dissolution of
marriage, legal separation, and annulment cases and providing any
counseling and conciliation services that the division makes
available to persons, whether or not the persons are parties to an
action pending in the division, who request the services.
(R)
In Warren county, the judge of the court of common pleas, whose term
begins January 1, 1987, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as the other judges of the court of
common pleas of Warren county and shall be elected and designated as
judge of the court of common pleas, division of domestic relations.
The judge shall be assigned all divorce, dissolution of marriage,
legal separation, and annulment cases coming before the court, except
in cases that for some special reason are assigned to some other
judge of the court of common pleas. The judge shall be charged with
the assignment and division of the work of the division and with the
employment and supervision of all other personnel of the domestic
relations division.
The
judge also shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the personnel
of the division and shall fix their duties. The duties of the
personnel, in addition to other statutory duties, shall include the
handling, servicing, and investigation of divorce, dissolution of
marriage, legal separation, and annulment cases and providing any
counseling and conciliation services that the division makes
available to persons, whether or not the persons are parties to an
action pending in the division, who request the services.
(S)
In Licking county, the judges of the court of common pleas, whose
terms begin on January 1, 1991, and January 1, 2005, and successors,
shall have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other judges
of the court of common pleas of Licking county and shall be elected
and designated as judges of the court of common pleas, division of
domestic relations. The judges shall be assigned all divorce,
dissolution of marriage, legal separation, and annulment cases, all
cases arising under Chapter 3111. of the Revised Code, all
proceedings involving child support, the allocation of parental
rights and
parenting
responsibilities
for
the care of children
under
a parenting plan
and
the designation for the children of a place of residence and legal
custodian,
parenting
time, and
companionship
or
visitation,
and all post-decree proceedings and matters arising from those cases
and proceedings, except in cases that for some special reason are
assigned to another judge of the court of common pleas. The
administrative judge of the division of domestic relations shall be
charged with the assignment and division of the work of the division
and with the employment and supervision of the personnel of the
division.
The
administrative judge of the division of domestic relations shall
designate the title, compensation, expense allowances, hours, leaves
of absence, and vacations of the personnel of the division and shall
fix the duties of the personnel of the division. The duties of the
personnel of the division, in addition to other statutory duties,
shall include the handling, servicing, and investigation of divorce,
dissolution of marriage, legal separation, and annulment cases, cases
arising under Chapter 3111. of the Revised Code, and proceedings
involving child support, the allocation of parental rights and
parenting
responsibilities
for
the care of children
under
a parenting plan
and
the designation for the children of a place of residence and legal
custodian
,
parenting time
,
and
companionship
or
visitation
and providing any counseling and conciliation services that the
division makes available to persons, whether or not the persons are
parties to an action pending in the division, who request the
services.
(T)
In Allen county, the judge of the court of common pleas, whose term
begins January 1, 1993, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as the other judges of the court of
common pleas of Allen county and shall be elected and designated as
judge of the court of common pleas, division of domestic relations.
The judge shall be assigned all divorce, dissolution of marriage,
legal separation, and annulment cases, all cases arising under
Chapter 3111. of the Revised Code, all proceedings involving child
support, the allocation of parental rights and
parenting
responsibilities
for
the care of children
under
a parenting plan
and
the designation for the children of a place of residence and legal
custodian
,
parenting time
,
and
companionship
or
visitation,
and all post-decree proceedings and matters arising from those cases
and proceedings, except in cases that for some special reason are
assigned to another judge of the court of common pleas. The judge
shall be charged with the assignment and division of the work of the
division and with the employment and supervision of the personnel of
the division.
The
judge shall designate the title, compensation, expense allowances,
hours, leaves of absence, and vacations of the personnel of the
division and shall fix the duties of the personnel of the division.
The duties of the personnel of the division, in addition to other
statutory duties, shall include the handling, servicing, and
investigation of divorce, dissolution of marriage, legal separation,
and annulment cases, cases arising under Chapter 3111. of the Revised
Code, and proceedings involving child support, the allocation of
parental rights and
parenting
responsibilities
for
the care of children
under
a parenting plan
and
the designation for the children of a place of residence and legal
custodian
,
parenting time,
and
companionship
or
visitation,
and providing any counseling and conciliation services that the
division makes available to persons, whether or not the persons are
parties to an action pending in the division, who request the
services.
(U)
In Medina county, the judge of the court of common pleas whose term
begins January 1, 1995, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of common
pleas of Medina county and shall be elected and designated as judge
of the court of common pleas, division of domestic relations. The
judge shall be assigned all divorce, dissolution of marriage, legal
separation, and annulment cases, all cases arising under Chapter
3111. of the Revised Code, all proceedings involving child support,
the allocation of parental rights and
parenting
responsibilities
for
the care of children
under
a parenting plan
and
the designation for the children of a place of residence and legal
custodian
,
parenting time,
and
companionship
or
visitation,
and all post-decree proceedings and matters arising from those cases
and proceedings, except in cases that for some special reason are
assigned to another judge of the court of common pleas. The judge
shall be charged with the assignment and division of the work of the
division and with the employment and supervision of the personnel of
the division.
The
judge shall designate the title, compensation, expense allowances,
hours, leaves of absence, and vacations of the personnel of the
division and shall fix the duties of the personnel of the division.
The duties of the personnel, in addition to other statutory duties,
include the handling, servicing, and investigation of divorce,
dissolution of marriage, legal separation, and annulment cases, cases
arising under Chapter 3111. of the Revised Code, and proceedings
involving child support, the allocation of parental rights and
parenting
responsibilities
for
the care of children
under
a parenting plan
and
the designation for the children of a place of residence and legal
custodian
,
parenting time,
and
companionship
or
visitation,
and providing counseling and conciliation services that the division
makes available to persons, whether or not the persons are parties to
an action pending in the division, who request the services.
(V)
In Fairfield county, the judge of the court of common pleas whose
term begins January 2, 1995, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as the other judges of the court of
common pleas of Fairfield county and shall be elected and designated
as judge of the court of common pleas, division of domestic
relations. The judge shall be assigned all divorce, dissolution of
marriage, legal separation, and annulment cases, all cases arising
under Chapter 3111. of the Revised Code, all proceedings involving
child support, the allocation of parental rights and
parenting
responsibilities
for
the care of children
under
a parenting plan
and
the designation for the children of a place of residence and legal
custodian
,
parenting time,
and
companionship
or
visitation,
and all post-decree proceedings and matters arising from those cases
and proceedings, except in cases that for some special reason are
assigned to another judge of the court of common pleas. The judge
also has concurrent jurisdiction with the probate-juvenile division
of the court of common pleas of Fairfield county with respect to and
may hear cases to determine the custody of a child, as defined in
section 2151.011 of the Revised Code, who is not the ward of another
court of this state, cases that are commenced by a parent, guardian,
or custodian of a child, as defined in section 2151.011 of the
Revised Code, to obtain an order requiring a parent of the child to
pay child support for that child when the request for that order is
not ancillary to an action for divorce, dissolution of marriage,
annulment, or legal separation, a criminal or civil action involving
an allegation of domestic violence, an action for support under
Chapter 3115. of the Revised Code, or an action that is within the
exclusive original jurisdiction of the probate-juvenile division of
the court of common pleas of Fairfield county and that involves an
allegation that the child is an abused, neglected, or dependent
child, and post-decree proceedings and matters arising from those
types of cases.
The
judge of the domestic relations division shall be charged with the
assignment and division of the work of the division and with the
employment and supervision of the personnel of the division.
The
judge shall designate the title, compensation, expense allowances,
hours, leaves of absence, and vacations of the personnel of the
division and shall fix the duties of the personnel of the division.
The duties of the personnel of the division, in addition to other
statutory duties, shall include the handling, servicing, and
investigation of divorce, dissolution of marriage, legal separation,
and annulment cases, cases arising under Chapter 3111. of the Revised
Code, and proceedings involving child support, the allocation of
parental rights and
parenting
responsibilities
for
the care of children
under
a parenting plan
and
the designation for the children of a place of residence and legal
custodian
,
parenting time,
and
companionship
or
visitation,
and providing any counseling and conciliation services that the
division makes available to persons, regardless of whether the
persons are parties to an action pending in the division, who request
the services. When the judge hears a case to determine the custody of
a child, as defined in section 2151.011 of the Revised Code, who is
not the ward of another court of this state or a case that is
commenced by a parent, guardian, or custodian of a child, as defined
in section 2151.011 of the Revised Code, to obtain an order requiring
a parent of the child to pay child support for that child when the
request for that order is not ancillary to an action for divorce,
dissolution of marriage, annulment, or legal separation, a criminal
or civil action involving an allegation of domestic violence, an
action for support under Chapter 3115. of the Revised Code, or an
action that is within the exclusive original jurisdiction of the
probate-juvenile division of the court of common pleas of Fairfield
county and that involves an allegation that the child is an abused,
neglected, or dependent child, the duties of the personnel of the
domestic relations division also include the handling, servicing, and
investigation of those types of cases.
(W)(1)
In Clark county, the judge of the court of common pleas whose term
begins on January 2, 1995, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of common
pleas of Clark county and shall be elected and designated as judge of
the court of common pleas, domestic relations division. The judge
shall have all the powers relating to juvenile courts, and all cases
under Chapters 2151. and 2152. of the Revised Code and all parentage
proceedings under Chapter 3111. of the Revised Code over which the
juvenile court has jurisdiction shall be assigned to the judge of the
division of domestic relations. All divorce, dissolution of marriage,
legal separation, annulment, uniform reciprocal support enforcement,
and other cases related to domestic relations shall be assigned to
the domestic relations division, and the presiding judge of the court
of common pleas shall assign the cases to the judge of the domestic
relations division and the judges of the general division.
(2)
In addition to the judge's regular duties, the judge of the division
of domestic relations shall serve on the children services board and
the county advisory board.
(3)
If the judge of the court of common pleas of Clark county, division
of domestic relations, is sick, absent, or unable to perform that
judge's judicial duties or if the presiding judge of the court of
common pleas of Clark county determines that the volume of cases
pending in the division of domestic relations necessitates it, the
duties of the judge of the division of domestic relations shall be
performed by the judges of the general division or probate division
of the court of common pleas of Clark county, as assigned for that
purpose by the presiding judge of that court, and the judges so
assigned shall act in conjunction with the judge of the division of
domestic relations of that court.
(X)
In Scioto county, the judge of the court of common pleas whose term
begins January 2, 1995, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of common
pleas of Scioto county and shall be elected and designated as judge
of the court of common pleas, division of domestic relations. The
judge shall be assigned all divorce, dissolution of marriage, legal
separation, and annulment cases, all cases arising under Chapter
3111. of the Revised Code, all proceedings involving child support,
the allocation of parental rights and
parenting
responsibilities
for
the care of children
under
a parenting plan
and
the designation for the children of a place of residence and legal
custodian
,
parenting time
,
companionship
or
visitation,
and all post-decree proceedings and matters arising from those cases
and proceedings, except in cases that for some special reason are
assigned to another judge of the court of common pleas. The judge
shall be charged with the assignment and division of the work of the
division and with the employment and supervision of the personnel of
the division.
The
judge shall designate the title, compensation, expense allowances,
hours, leaves of absence, and vacations of the personnel of the
division and shall fix the duties of the personnel of the division.
The duties of the personnel, in addition to other statutory duties,
include the handling, servicing, and investigation of divorce,
dissolution of marriage, legal separation, and annulment cases, cases
arising under Chapter 3111. of the Revised Code, and proceedings
involving child support, the allocation of parental rights and
parenting
responsibilities
for
the care of children
under
a parenting plan
and
the designation for the children of a place of residence and legal
custodian
,
parenting time,
and
companionship
or
visitation,
and providing counseling and conciliation services that the division
makes available to persons, whether or not the persons are parties to
an action pending in the division, who request the services.
(Y)
In Auglaize county, the judge of the probate and juvenile divisions
of the Auglaize county court of common pleas also shall be the
administrative judge of the domestic relations division of the court
and shall be assigned all divorce, dissolution of marriage, legal
separation, and annulment cases coming before the court. The judge
shall have all powers as administrator of the domestic relations
division and shall have charge of the personnel engaged in handling,
servicing, or investigating divorce, dissolution of marriage, legal
separation, and annulment cases, including any referees considered
necessary for the discharge of the judge's various duties.
(Z)(1)
In Marion county, the judge of the court of common pleas whose term
begins on February 9, 1999, and the successors to that judge, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other judges
of the court of common pleas of Marion county and shall be elected
and designated as judge of the court of common pleas, domestic
relations-juvenile-probate division. Except as otherwise specified in
this division, that judge, and the successors to that judge, shall
have all the powers relating to juvenile courts, and all cases under
Chapters 2151. and 2152. of the Revised Code, all cases arising under
Chapter 3111. of the Revised Code, all divorce, dissolution of
marriage, legal separation, and annulment cases, all proceedings
involving child support, the allocation of parental rights and
parenting
responsibilities
for
the care of children
under
a parenting plan
and
the designation for the children of a place of residence and legal
custodian
,
parenting time,
and
companionship
or
visitation,
and all post-decree proceedings and matters arising from those cases
and proceedings shall be assigned to that judge and the successors to
that judge. Except as provided in division (Z)(2) of this section and
notwithstanding any other provision of any section of the Revised
Code, on and after February 9, 2003, the judge of the court of common
pleas of Marion county whose term begins on February 9, 1999, and the
successors to that judge, shall have all the powers relating to the
probate division of the court of common pleas of Marion county in
addition to the powers previously specified in this division, and
shall exercise concurrent jurisdiction with the judge of the probate
division of that court over all matters that are within the
jurisdiction of the probate division of that court under Chapter
2101., and other provisions, of the Revised Code in addition to the
jurisdiction of the domestic relations-juvenile-probate division of
that court otherwise specified in division (Z)(1) of this section.
(2)
The judge of the domestic relations-juvenile-probate division of the
court of common pleas of Marion county or the judge of the probate
division of the court of common pleas of Marion county, whichever of
those judges is senior in total length of service on the court of
common pleas of Marion county, regardless of the division or
divisions of service, shall serve as the clerk of the probate
division of the court of common pleas of Marion county.
(3)
On and after February 9, 2003, all references in law to "the
probate court," "the probate judge," "the
juvenile court," or "the judge of the juvenile court"
shall be construed, with respect to Marion county, as being
references to both "the probate division" and "the
domestic relations-juvenile-probate division" and as being
references to both "the judge of the probate division" and
"the judge of the domestic relations- juvenile-probate
division." On and after February 9, 2003, all references in law
to "the clerk of the probate court" shall be construed,
with respect to Marion county, as being references to the judge who
is serving pursuant to division (Z)(2) of this section as the clerk
of the probate division of the court of common pleas of Marion
county.
(AA)
In Muskingum county, the judge of the court of common pleas whose
term begins on January 2, 2003, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as the other judges of the court of
common pleas of Muskingum county and shall be elected and designated
as the judge of the court of common pleas, division of domestic
relations. The judge shall be assigned all divorce, dissolution of
marriage, legal separation, and annulment cases, all cases arising
under Chapter 3111. of the Revised Code, all proceedings involving
child support, the allocation of parental rights and
parenting
responsibilities
for
the care of children
under
a parenting plan
and
the designation for the children of a place of residence and legal
custodian
,
parenting time,
and
companionship
or
visitation,
and all post-decree proceedings and matters arising from those cases
and proceedings, except in cases that for some special reason are
assigned to another judge of the court of common pleas. The judge
shall be charged with the assignment and division of the work of the
division and with the employment and supervision of the personnel of
the division.
The
judge shall designate the title, compensation, expense allowances,
hours, leaves of absence, and vacations of the personnel of the
division and shall fix the duties of the personnel of the division.
The duties of the personnel of the division, in addition to other
statutory duties, shall include the handling, servicing, and
investigation of divorce, dissolution of marriage, legal separation,
and annulment cases, cases arising under Chapter 3111. of the Revised
Code, and proceedings involving child support, the allocation of
parental rights and
parenting
responsibilities
for
the care of children
under
a parenting plan
and
the designation for the children of a place of residence and legal
custodian
,
parenting time,
and
companionship
or
visitation
and providing any counseling and conciliation services that the
division makes available to persons, whether or not the persons are
parties to an action pending in the division, who request the
services.
(BB)
In Henry county, the judge of the court of common pleas whose term
begins on January 1, 2005, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as the other judge of the court of
common pleas of Henry county and shall be elected and designated as
the judge of the court of common pleas, division of domestic
relations. The judge shall have all of the powers relating to
juvenile courts, and all cases under Chapter 2151. or 2152. of the
Revised Code, all parentage proceedings arising under Chapter 3111.
of the Revised Code over which the juvenile court has jurisdiction,
all divorce, dissolution of marriage, legal separation, and annulment
cases, all proceedings involving child support, the allocation of
parental rights and
parenting
responsibilities
for
the care of children
under
a parenting plan
and
the designation for the children of a place of residence and legal
custodian
,
parenting time,
and
companionship
or
visitation,
and all post-decree proceedings and matters arising from those cases
and proceedings shall be assigned to that judge, except in cases that
for some special reason are assigned to the other judge of the court
of common pleas.
(CC)(1)
In Logan county, the judge of the court of common pleas whose term
begins January 2, 2005, and the successors to that judge, shall have
the same qualifications, exercise the same powers and jurisdiction,
and receive the same compensation as the other judges of the court of
common pleas of Logan county and shall be elected and designated as
judge of the court of common pleas, family court division. Except as
otherwise specified in this division, that judge, and the successors
to that judge, shall have all the powers relating to juvenile courts,
and all cases under Chapters 2151. and 2152. of the Revised Code, all
cases arising under Chapter 3111. of the Revised Code, all divorce,
dissolution of marriage, legal separation, and annulment cases, all
proceedings involving child support, the allocation of parental
rights and
parenting
responsibilities
for
the care of children
under
a parenting plan
and
designation for the children of a place of residence and legal
custodian
,
parenting time,
and
companionship
or
visitation,
and all post-decree proceedings and matters arising from those cases
and proceedings shall be assigned to that judge and the successors to
that judge. Notwithstanding any other provision of any section of the
Revised Code, on and after January 2, 2005, the judge of the court of
common pleas of Logan county whose term begins on January 2, 2005,
and the successors to that judge, shall have all the powers relating
to the probate division of the court of common pleas of Logan county
in addition to the powers previously specified in this division and
shall exercise concurrent jurisdiction with the judge of the probate
division of that court over all matters that are within the
jurisdiction of the probate division of that court under Chapter
2101., and other provisions, of the Revised Code in addition to the
jurisdiction of the family court division of that court otherwise
specified in division (CC)(1) of this section.
(2)
The judge of the family court division of the court of common pleas
of Logan county or the probate judge of the court of common pleas of
Logan county who is elected as the administrative judge of the family
court division of the court of common pleas of Logan county pursuant
to Rule 4 of the Rules of Superintendence shall be the clerk of the
family court division of the court of common pleas of Logan county.
(3)
On and after April 5, 2019, all references in law to "the
probate court," "the probate judge," "the
juvenile court," or "the judge of the juvenile court"
shall be construed, with respect to Logan county, as being references
to both "the probate division" and the "family court
division" and as being references to both "the judge of the
probate division" and the "judge of the family court
division." On and after April 5, 2019, all references in law to
"the clerk of the probate court" shall be construed, with
respect to Logan county, as being references to the judge who is
serving pursuant to division (CC)(2) of this section as the clerk of
the family court division of the court of common pleas of Logan
county.
(DD)(1)
In Champaign county, the judge of the court of common pleas whose
term begins February 9, 2003, and the judge of the court of common
pleas whose term begins February 10, 2009, and the successors to
those judges, shall have the same qualifications, exercise the same
powers and jurisdiction, and receive the same compensation as the
other judges of the court of common pleas of Champaign county and
shall be elected and designated as judges of the court of common
pleas, domestic relations-juvenile-probate division. Except as
otherwise specified in this division, those judges, and the
successors to those judges, shall have all the powers relating to
juvenile courts, and all cases under Chapters 2151. and 2152. of the
Revised Code, all cases arising under Chapter 3111. of the Revised
Code, all divorce, dissolution of marriage, legal separation, and
annulment cases, all proceedings involving child support, the
allocation of parental rights and
parenting
responsibilities
for
the care of children
under
a parenting plan
and
the designation for the children of a place of residence and legal
custodian
,
parenting time,
and
companionship
or
visitation,
and all post-decree proceedings and matters arising from those cases
and proceedings shall be assigned to those judges and the successors
to those judges. Notwithstanding any other provision of any section
of the Revised Code, on and after February 9, 2009, the judges
designated by this division as judges of the court of common pleas of
Champaign county, domestic relations-juvenile-probate division, and
the successors to those judges, shall have all the powers relating to
probate courts in addition to the powers previously specified in this
division and shall exercise jurisdiction over all matters that are
within the jurisdiction of probate courts under Chapter 2101., and
other provisions, of the Revised Code in addition to the jurisdiction
of the domestic relations-juvenile-probate division otherwise
specified in division (DD)(1) of this section.
(2)
On and after February 9, 2009, all references in law to "the
probate court," "the probate judge," "the
juvenile court," or "the judge of the juvenile court"
shall be construed with respect to Champaign county as being
references to the "domestic relations-juvenile-probate division"
and as being references to the "judge of the domestic
relations-juvenile-probate division." On and after February 9,
2009, all references in law to "the clerk of the probate court"
shall be construed with respect to Champaign county as being
references to the judge who is serving pursuant to Rule 4 of the
Rules of Superintendence for the Courts of Ohio as the administrative
judge of the court of common pleas, domestic
relations-juvenile-probate division.
(EE)
In Delaware county, the judge of the court of common pleas whose term
begins on January 1, 2017, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as the other judges of the court of
common pleas of Delaware county and shall be elected and designated
as the judge of the court of common pleas, division of domestic
relations. Divorce, dissolution of marriage, legal separation, and
annulment cases, including any post-decree proceedings, and cases
involving questions of paternity, custody,
companionship
or
visitation,
child support, and the allocation of parental rights and
parenting
responsibilities
for
the care of children
under
a parenting plan
,
regardless of whether those matters arise in post-decree proceedings
or involve children born between unmarried persons, shall be assigned
to that judge, except cases that for some special reason are assigned
to another judge of the court of common pleas.
(FF)
In Hardin county:
(1)
The judge of the court of common pleas whose term begins on January
1, 2023, and successors, shall have the same qualifications, exercise
the same powers and jurisdiction, and receive the same compensation
as the other judge of the court of common pleas of Hardin county and
shall be elected and designated as the judge of the court of common
pleas, division of domestic relations. The judge shall have all of
the powers relating to juvenile courts, and all cases under Chapter
2151. or 2152. of the Revised Code, all parentage proceedings arising
under Chapter 3111. of the Revised Code over which the juvenile court
has jurisdiction, all divorce, dissolution of marriage, legal
separation, and annulment cases, civil protection orders issued under
sections 2903.214 and 3113.31 of the Revised Code, all proceedings
involving child support, the allocation of parental rights and
parenting
responsibilities
for
the care of children
under
a parenting plan
and
the designation for the children of a place of residence and legal
custodian
,
parenting time,
and
companionship
or
visitation,
and all post-decree proceedings and matters arising from those cases
and proceedings shall be assigned to that judge, except in cases that
for some special reason are assigned to the other judge of the court
of common pleas.
(2)
The judge of the court of common pleas, general division, whose term
begins on February 9, 2027, and successors, shall have assigned to
the judge, in addition to all matters that are within the
jurisdiction of the general division of the court of common pleas,
all matters that are within the jurisdiction of the probate court
under Chapter 2101., and other provisions, of the Revised Code.
(GG)
In Adams county:
(1)
Subject to division (GG)(2) of this section, the judge of the court
of common pleas whose term begins on February 9, 2027, and
successors, shall have the same qualifications, exercise the same
powers and jurisdiction, and receive the same compensation as the
other judge of the court of common pleas of Adams county.
(2)
Beginning on February 9, 2029, the judge of the court of common pleas
whose term begins on February 9, 2027, and successors shall be
designated as the judge of the court of common pleas, probate and
juvenile division. The judge shall have all of the powers relating to
juvenile courts, all cases under Chapter 2151. or 2152. of the
Revised Code, all parentage proceedings arising under Chapter 3111.
of the Revised Code over which the juvenile court has jurisdiction,
all of the powers relating to probate courts, and all matters that
are within the jurisdiction of the probate court under Chapter 2101.,
and other provisions, of the Revised Code.
On
and after February 9, 2029, all references in law to "the
probate court," "the probate judge," "the
juvenile court," or "the judge of the juvenile court"
shall be construed, with respect to Adams county, as being references
to "the probate and juvenile division" and as being
references to "the judge of the probate and juvenile division."
(HH)
If a judge of the court of common pleas, division of domestic
relations, or juvenile judge, of any of the counties mentioned in
this section is sick, absent, or unable to perform that judge's
judicial duties or the volume of cases pending in the judge's
division necessitates it, the duties of that judge shall be performed
by another judge of the court of common pleas of that county,
assigned for that purpose by the presiding judge of the court of
common pleas of that county to act in place of or in conjunction with
that judge, as the case may require.
Sec.
2307.50.
(A)
As used in this section:
(1)
"Child stealing crime" means a violation of sections
2905.01, 2905.02, 2905.03, and 2919.23 of the Revised Code or section
2905.04 of the Revised Code as it existed prior to the effective date
of this amendment.
(2)
"Minor" means a person under eighteen years of age.
(3)
"Parental or guardianship interest" means that a parent of
a minor is the
residential
designated
parent
and legal custodian of the minor and has the rights
and
responsibilities
corresponding
to that capacity, that a parent of a minor is the parent other than
the
residential
designated
parent
and legal custodian
of the minor and has a right of access to the minor, that the parents
of a minor have parental rights and
parenting
responsibilities
for the care of the minor and are the
residential
designated
parents
and legal custodians of the child, or that any other person has a
right of custody or access to a minor as
his
the minor's
guardian or other custodian.
(B)
Except as provided in division (D) of this section, if a minor is the
victim of a child stealing crime and if, as a result of that crime,
the minor's parents, parent who is the
residential
designated
parent
and legal custodian, parent who is not the
residential
designated
parent
and legal custodian, guardian, or other custodian is deprived of a
parental or guardianship interest in the minor, the parents, parent
who is the
residential
designated
parent
and legal custodian, parent who is not the
residential
designated
parent
and legal custodian, guardian, or other custodian may maintain a
civil action against the offender to recover damages for interference
with the parental or guardianship interest. In the civil action, the
plaintiffs may recover all of the following:
(1)
Full compensatory damages, including, but not limited to, damages for
the mental suffering and anguish incurred by the plaintiffs, damages
for the loss of society of the minor, and, if applicable, damages for
the loss of the minor's services and damages for expenses incurred by
the plaintiffs in locating or recovering the minor;
(2)
Punitive damages;
(3)
Reasonable attorney's fees;
(4)
Costs of bringing the civil action.
(C)
In a civil action brought pursuant to this section, the trier of fact
may determine that the minor was the victim of a child stealing crime
and that the defendant committed the crime, regardless of whether the
defendant has been convicted of or pleaded guilty to a child stealing
crime.
(D)
This section does not create a civil action for one parent against
the other parent who commits a child stealing crime against the
parent's own child.
Sec.
2317.02.
The
following persons shall not testify in certain respects:
(A)(1)
An attorney, concerning a communication made to the attorney by a
client in that relation or concerning the attorney's advice to a
client, except that the attorney may testify by express consent of
the client or, if the client is deceased, by the express consent of
the surviving spouse or the executor or administrator of the estate
of the deceased client. However, if the client voluntarily reveals
the substance of attorney-client communications in a nonprivileged
context or is deemed by section 2151.421 of the Revised Code to have
waived any testimonial privilege under this division, the attorney
may be compelled to testify on the same subject.
The
testimonial privilege established under this division does not apply
concerning either of the following:
(a)
A communication between a client in a capital case, as defined in
section 2901.02 of the Revised Code, and the client's attorney if the
communication is relevant to a subsequent ineffective assistance of
counsel claim by the client alleging that the attorney did not
effectively represent the client in the case;
(b)
A communication between a client who has since died and the deceased
client's attorney if the communication is relevant to a dispute
between parties who claim through that deceased client, regardless of
whether the claims are by testate or intestate succession or by inter
vivos transaction, and the dispute addresses the competency of the
deceased client when the deceased client executed a document that is
the basis of the dispute or whether the deceased client was a victim
of fraud, undue influence, or duress when the deceased client
executed a document that is the basis of the dispute.
(2)
An attorney, concerning a communication made to the attorney by a
client in that relationship or the attorney's advice to a client,
except that if the client is an insurance company, the attorney may
be compelled to testify, subject to an in camera inspection by a
court, about communications made by the client to the attorney or by
the attorney to the client that are related to the attorney's aiding
or furthering an ongoing or future commission of bad faith by the
client, if the party seeking disclosure of the communications has
made a prima-facie showing of bad faith, fraud, or criminal
misconduct by the client.
(B)(1)
A physician, advanced practice registered nurse, or dentist
concerning a communication made to the physician, advanced practice
registered nurse, or dentist by a patient in that relation or the
advice of a physician, advanced practice registered nurse, or dentist
given to a patient, except as otherwise provided in this division,
division (B)(2), and division (B)(3) of this section, and except
that, if the patient is deemed by section 2151.421 of the Revised
Code to have waived any testimonial privilege under this division,
the physician or advanced practice registered nurse may be compelled
to testify on the same subject.
The
testimonial privilege established under this division does not apply,
and a physician, advanced practice registered nurse, or dentist may
testify or may be compelled to testify, in any of the following
circumstances:
(a)
In any civil action, in accordance with the discovery provisions of
the Rules of Civil Procedure in connection with a civil action, or in
connection with a claim under Chapter 4123. of the Revised Code,
under any of the following circumstances:
(i)
If the patient or the guardian or other legal representative of the
patient gives express consent;
(ii)
If the patient is deceased, the spouse of the patient or the executor
or administrator of the patient's estate gives express consent;
(iii)
If a medical claim, dental claim, chiropractic claim, or optometric
claim, as defined in section 2305.113 of the Revised Code, an action
for wrongful death, any other type of civil action, or a claim under
Chapter 4123. of the Revised Code is filed by the patient, the
personal representative of the estate of the patient if deceased, or
the patient's guardian or other legal representative.
(b)
In any civil action concerning court-ordered treatment or services
received by a patient, if the court-ordered treatment or services
were ordered as part of a case plan journalized under section
2151.412 of the Revised Code or the court-ordered treatment or
services are necessary or relevant to dependency, neglect, or abuse
or temporary or permanent custody proceedings under Chapter 2151. of
the Revised Code.
(c)
In any criminal action concerning any test or the results of any test
that determines the presence or concentration of alcohol, a drug of
abuse, a combination of them, a controlled substance, or a metabolite
of a controlled substance in the patient's whole blood, blood serum
or plasma, breath, urine, oral fluid, or other bodily substance at
any time relevant to the criminal offense in question.
(d)
In any criminal action against a physician, advanced practice
registered nurse, or dentist. In such an action, the testimonial
privilege established under this division does not prohibit the
admission into evidence, in accordance with the Rules of Evidence, of
a patient's medical or dental records or other communications between
a patient and the physician, advanced practice registered nurse, or
dentist that are related to the action and obtained by subpoena,
search warrant, or other lawful means. A court that permits or
compels a physician, advanced practice registered nurse, or dentist
to testify in such an action or permits the introduction into
evidence of patient records or other communications in such an action
shall require that appropriate measures be taken to ensure that the
confidentiality of any patient named or otherwise identified in the
records is maintained. Measures to ensure confidentiality that may be
taken by the court include sealing its records or deleting specific
information from its records.
(e)(i)
If the communication was between a patient who has since died and the
deceased patient's physician, advanced practice registered nurse, or
dentist, the communication is relevant to a dispute between parties
who claim through that deceased patient, regardless of whether the
claims are by testate or intestate succession or by inter vivos
transaction, and the dispute addresses the competency of the deceased
patient when the deceased patient executed a document that is the
basis of the dispute or whether the deceased patient was a victim of
fraud, undue influence, or duress when the deceased patient executed
a document that is the basis of the dispute.
(ii)
If neither the spouse of a patient nor the executor or administrator
of that patient's estate gives consent under division (B)(1)(a)(ii)
of this section, testimony or the disclosure of the patient's medical
records by a physician, advanced practice registered nurse, dentist,
or other health care provider under division (B)(1)(e)(i) of this
section is a permitted use or disclosure of protected health
information, as defined in 45 C.F.R. 160.103, and an authorization or
opportunity to be heard shall not be required.
(iii)
Division (B)(1)(e)(i) of this section does not require a mental
health professional to disclose psychotherapy notes, as defined in 45
C.F.R. 164.501.
(iv)
An interested person who objects to testimony or disclosure under
division (B)(1)(e)(i) of this section may seek a protective order
pursuant to Civil Rule 26.
(v)
A person to whom protected health information is disclosed under
division (B)(1)(e)(i) of this section shall not use or disclose the
protected health information for any purpose other than the
litigation or proceeding for which the information was requested and
shall return the protected health information to the covered entity
or destroy the protected health information, including all copies
made, at the conclusion of the litigation or proceeding.
(2)(a)
If any law enforcement officer submits a written statement to a
health care provider that states that an official criminal
investigation has begun regarding a specified person or that a
criminal action or proceeding has been commenced against a specified
person, that requests the provider to supply to the officer copies of
any records the provider possesses that pertain to any test or the
results of any test administered to the specified person to determine
the presence or concentration of alcohol, a drug of abuse, a
combination of them, a controlled substance, or a metabolite of a
controlled substance in the person's whole blood, blood serum or
plasma, breath, oral fluid, or urine at any time relevant to the
criminal offense in question, and that conforms to section 2317.022
of the Revised Code, the provider, except to the extent specifically
prohibited by any law of this state or of the United States, shall
supply to the officer a copy of any of the requested records the
provider possesses. If the health care provider does not possess any
of the requested records, the provider shall give the officer a
written statement that indicates that the provider does not possess
any of the requested records.
(b)
If a health care provider possesses any records of the type described
in division (B)(2)(a) of this section regarding the person in
question at any time relevant to the criminal offense in question, in
lieu of personally testifying as to the results of the test in
question, the custodian of the records may submit a certified copy of
the records, and, upon its submission, the certified copy is
qualified as authentic evidence and may be admitted as evidence in
accordance with the Rules of Evidence. Division (A) of section
2317.422 of the Revised Code does not apply to any certified copy of
records submitted in accordance with this division. Nothing in this
division shall be construed to limit the right of any party to call
as a witness the person who administered the test to which the
records pertain, the person under whose supervision the test was
administered, the custodian of the records, the person who made the
records, or the person under whose supervision the records were made.
(3)(a)
If the testimonial privilege described in division (B)(1) of this
section does not apply as provided in division (B)(1)(a)(iii) of this
section, a physician, advanced practice registered nurse, or dentist
may be compelled to testify or to submit to discovery under the Rules
of Civil Procedure only as to a communication made to the physician,
advanced practice registered nurse, or dentist by the patient in
question in that relation, or the advice of the physician, advanced
practice registered nurse, or dentist given to the patient in
question, that related causally or historically to physical or mental
injuries that are relevant to issues in the medical claim, dental
claim, chiropractic claim, or optometric claim, action for wrongful
death, other civil action, or claim under Chapter 4123. of the
Revised Code.
(b)
If the testimonial privilege described in division (B)(1) of this
section does not apply to a physician, advanced practice registered
nurse, or dentist as provided in division (B)(1)(c) of this section,
the physician, advanced practice registered nurse, or dentist, in
lieu of personally testifying as to the results of the test in
question, may submit a certified copy of those results, and, upon its
submission, the certified copy is qualified as authentic evidence and
may be admitted as evidence in accordance with the Rules of Evidence.
Division (A) of section 2317.422 of the Revised Code does not apply
to any certified copy of results submitted in accordance with this
division. Nothing in this division shall be construed to limit the
right of any party to call as a witness the person who administered
the test in question, the person under whose supervision the test was
administered, the custodian of the results of the test, the person
who compiled the results, or the person under whose supervision the
results were compiled.
(4)
The testimonial privilege described in division (B)(1) of this
section is not waived when a communication is made by a physician or
advanced practice registered nurse to a pharmacist or when there is
communication between a patient and a pharmacist in furtherance of
the physician-patient or advanced practice registered nurse-patient
relation.
(5)(a)
As used in divisions (B)(1) to (4) of this section, "communication"
means acquiring, recording, or transmitting any information, in any
manner, concerning any facts, opinions, or statements necessary to
enable a physician, advanced practice registered nurse, or dentist to
diagnose, treat, prescribe, or act for a patient. A "communication"
may include, but is not limited to, any medical or dental, office, or
hospital communication such as a record, chart, letter, memorandum,
laboratory test and results, x-ray, photograph, financial statement,
diagnosis, or prognosis.
(b)
As used in division (B)(2) of this section, "health care
provider" means a hospital, ambulatory care facility, long-term
care facility, pharmacy, emergency facility, or health care
practitioner.
(c)
As used in division (B)(5)(b) of this section:
(i)
"Ambulatory care facility" means a facility that provides
medical, diagnostic, or surgical treatment to patients who do not
require hospitalization, including a dialysis center, ambulatory
surgical facility, cardiac catheterization facility, diagnostic
imaging center, extracorporeal shock wave lithotripsy center, home
health agency, inpatient hospice, birthing center, radiation therapy
center, emergency facility, and an urgent care center. "Ambulatory
health care facility" does not include the private office of a
physician, advanced practice registered nurse, or dentist, whether
the office is for an individual or group practice.
(ii)
"Emergency facility" means a hospital emergency department
or any other facility that provides emergency medical services.
(iii)
"Health care practitioner" has the same meaning as in
section 4769.01 of the Revised Code.
(iv)
"Hospital" has the same meaning as in section 3727.01 of
the Revised Code.
(v)
"Long-term care facility" means a nursing home, residential
care facility, or home for the aging, as those terms are defined in
section 3721.01 of the Revised Code; a residential facility licensed
under section 5119.34 of the Revised Code that provides
accommodations, supervision, and personal care services for three to
sixteen unrelated adults; a nursing facility, as defined in section
5165.01 of the Revised Code; a skilled nursing facility, as defined
in section 5165.01 of the Revised Code; and an intermediate care
facility for individuals with intellectual disabilities, as defined
in section 5124.01 of the Revised Code.
(vi)
"Pharmacy" has the same meaning as in section 4729.01 of
the Revised Code.
(d)
As used in divisions (B)(1) and (2) of this section, "drug of
abuse" has the same meaning as in section 4506.01 of the Revised
Code.
(6)
Divisions (B)(1), (2), (3), (4), and (5) of this section apply to
doctors of medicine, doctors of osteopathic medicine, doctors of
podiatry, advanced practice registered nurses, and dentists.
(7)
Nothing in divisions (B)(1) to (6) of this section affects, or shall
be construed as affecting, the immunity from civil liability
conferred by section 307.628 of the Revised Code or the immunity from
civil liability conferred by section 2305.33 of the Revised Code upon
physicians or advanced practice registered nurses who report an
employee's use of a drug of abuse, or a condition of an employee
other than one involving the use of a drug of abuse, to the employer
of the employee in accordance with division (B) of that section. As
used in division (B)(7) of this section, "employee,"
"employer," and "physician" have the same
meanings as in section 2305.33 of the Revised Code and "advanced
practice registered nurse" has the same meaning as in section
4723.01 of the Revised Code.
(C)(1)
A cleric, when the cleric remains accountable to the authority of
that cleric's church, denomination, or sect, concerning a confession
made, or any information confidentially communicated, to the cleric
for a religious counseling purpose in the cleric's professional
character. The cleric may testify by express consent of the person
making the communication, except when the disclosure of the
information is in violation of a sacred trust and except that, if the
person voluntarily testifies or is deemed by division (A)(4)(c) of
section 2151.421 of the Revised Code to have waived any testimonial
privilege under this division, the cleric may be compelled to testify
on the same subject except when disclosure of the information is in
violation of a sacred trust.
(2)
As used in division (C) of this section:
(a)
"Cleric" means a member of the clergy, rabbi, priest,
Christian Science practitioner, or regularly ordained, accredited, or
licensed minister of an established and legally cognizable church,
denomination, or sect.
(b)
"Sacred trust" means a confession or confidential
communication made to a cleric in the cleric's ecclesiastical
capacity in the course of discipline enjoined by the church to which
the cleric belongs, including, but not limited to, the Catholic
Church, if both of the following apply:
(i)
The confession or confidential communication was made directly to the
cleric.
(ii)
The confession or confidential communication was made in the manner
and context that places the cleric specifically and strictly under a
level of confidentiality that is considered inviolate by canon law or
church doctrine.
(D)
Husband or wife, concerning any communication made by one to the
other, or an act done by either in the presence of the other, during
coverture, unless the communication was made, or act done, in the
known presence or hearing of a third person competent to be a
witness; and such rule is the same if the marital relation has ceased
to exist;
(E)
A person who assigns a claim or interest, concerning any matter in
respect to which the person would not, if a party, be permitted to
testify;
(F)
A person who, if a party, would be restricted under section 2317.03
of the Revised Code, when the property or thing is sold or
transferred by an executor, administrator, guardian, trustee, heir,
devisee, or legatee, shall be restricted in the same manner in any
action or proceeding concerning the property or thing.
(G)(1)
A school guidance counselor who holds a valid educator license from
the state board of education as provided for in section 3319.22 of
the Revised Code, a person licensed under Chapter 4757. of the
Revised Code as a licensed professional clinical counselor, licensed
professional counselor, social worker, independent social worker,
marriage and family therapist or independent marriage and family
therapist, or registered under Chapter 4757. of the Revised Code as a
social work assistant concerning a confidential communication
received from a client in that relation or the person's advice to a
client unless any of the following applies:
(a)
The communication or advice indicates clear and present danger to the
client or other persons. For the purposes of this division, cases in
which there are indications of present or past child abuse or neglect
of the client constitute a clear and present danger.
(b)
The client gives express consent to the testimony.
(c)
If the client is deceased, the surviving spouse or the executor or
administrator of the estate of the deceased client gives express
consent.
(d)
The client voluntarily testifies, in which case the school guidance
counselor or person licensed or registered under Chapter 4757. of the
Revised Code may be compelled to testify on the same subject.
(e)
The court in camera determines that the information communicated by
the client is not germane to the counselor-client, marriage and
family therapist-client, or social worker-client relationship.
(f)
A court, in an action brought against a school, its administration,
or any of its personnel by the client, rules after an in-camera
inspection that the testimony of the school guidance counselor is
relevant to that action.
(g)
The testimony is sought in a civil action and concerns court-ordered
treatment or services received by a patient as part of a case plan
journalized under section 2151.412 of the Revised Code or the
court-ordered treatment or services are necessary or relevant to
dependency, neglect, or abuse or temporary or permanent custody
proceedings under Chapter 2151. of the Revised Code.
(2)
Nothing in division (G)(1) of this section shall relieve a school
guidance counselor or a person licensed or registered under Chapter
4757. of the Revised Code from the requirement to report information
concerning child abuse or neglect under section 2151.421 of the
Revised Code.
(H)
A
neutral
facilitator, including a
mediator
,
acting under a
mediation
dispute
resolution
order
issued under division (A) of section 3109.052 of the Revised Code or
otherwise issued in any proceeding for divorce, dissolution, legal
separation, annulment, or the allocation of parental rights and
parenting
responsibilities
for the care of children
,
in any action or proceeding, other than a criminal, delinquency,
child abuse, child neglect, or dependent child action or proceeding,
that is brought by or against either parent who takes part in
mediation in accordance with the order and that pertains to the
mediation process, to any information discussed or presented in the
mediation process, to the allocation of parental rights and
parenting
responsibilities
for the care of the parents' children
,
or to the awarding of parenting time
rights
under
a parenting plan
in
relation to their children;
(I)
A communications assistant, acting within the scope of the
communication assistant's authority, when providing
telecommunications relay service pursuant to section 4931.06 of the
Revised Code or Title II of the "Communications Act of 1934,"
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication made
through a telecommunications relay service. Nothing in this section
shall limit the obligation of a communications assistant to divulge
information or testify when mandated by federal law or regulation or
pursuant to subpoena in a criminal proceeding.
Nothing
in this section shall limit any immunity or privilege granted under
federal law or regulation.
(J)(1)
A chiropractor in a civil proceeding concerning a communication made
to the chiropractor by a patient in that relation or the
chiropractor's advice to a patient, except as otherwise provided in
this division. The testimonial privilege established under this
division does not apply, and a chiropractor may testify or may be
compelled to testify, in any civil action, in accordance with the
discovery provisions of the Rules of Civil Procedure in connection
with a civil action, or in connection with a claim under Chapter
4123. of the Revised Code, under any of the following circumstances:
(a)
If the patient or the guardian or other legal representative of the
patient gives express consent.
(b)
If the patient is deceased, the spouse of the patient or the executor
or administrator of the patient's estate gives express consent.
(c)
If a medical claim, dental claim, chiropractic claim, or optometric
claim, as defined in section 2305.113 of the Revised Code, an action
for wrongful death, any other type of civil action, or a claim under
Chapter 4123. of the Revised Code is filed by the patient, the
personal representative of the estate of the patient if deceased, or
the patient's guardian or other legal representative.
(2)
If the testimonial privilege described in division (J)(1) of this
section does not apply as provided in division (J)(1)(c) of this
section, a chiropractor may be compelled to testify or to submit to
discovery under the Rules of Civil Procedure only as to a
communication made to the chiropractor by the patient in question in
that relation, or the chiropractor's advice to the patient in
question, that related causally or historically to physical or mental
injuries that are relevant to issues in the medical claim, dental
claim, chiropractic claim, or optometric claim, action for wrongful
death, other civil action, or claim under Chapter 4123. of the
Revised Code.
(3)
The testimonial privilege established under this division does not
apply, and a chiropractor may testify or be compelled to testify, in
any criminal action or administrative proceeding.
(4)
As used in this division, "communication" means acquiring,
recording, or transmitting any information, in any manner, concerning
any facts, opinions, or statements necessary to enable a chiropractor
to diagnose, treat, or act for a patient. A communication may
include, but is not limited to, any chiropractic, office, or hospital
communication such as a record, chart, letter, memorandum, laboratory
test and results, x-ray, photograph, financial statement, diagnosis,
or prognosis.
(K)(1)
Except as provided under division (K)(2) of this section, a critical
incident stress management team member concerning a communication
received from an individual who receives crisis response services
from the team member, or the team member's advice to the individual,
during a debriefing session.
(2)
The testimonial privilege established under division (K)(1) of this
section does not apply if any of the following are true:
(a)
The communication or advice indicates clear and present danger to the
individual who receives crisis response services or to other persons.
For purposes of this division, cases in which there are indications
of present or past child abuse or neglect of the individual
constitute a clear and present danger.
(b)
The individual who received crisis response services gives express
consent to the testimony.
(c)
If the individual who received crisis response services is deceased,
the surviving spouse or the executor or administrator of the estate
of the deceased individual gives express consent.
(d)
The individual who received crisis response services voluntarily
testifies, in which case the team member may be compelled to testify
on the same subject.
(e)
The court in camera determines that the information communicated by
the individual who received crisis response services is not germane
to the relationship between the individual and the team member.
(f)
The communication or advice pertains or is related to any criminal
act.
(3)
As used in division (K) of this section:
(a)
"Crisis response services" means consultation, risk
assessment, referral, and on-site crisis intervention services
provided by a critical incident stress management team to individuals
affected by crisis or disaster.
(b)
"Critical incident stress management team member" or "team
member" means an individual specially trained to provide crisis
response services as a member of an organized community or local
crisis response team that holds membership in the Ohio critical
incident stress management network.
(c)
"Debriefing session" means a session at which crisis
response services are rendered by a critical incident stress
management team member during or after a crisis or disaster.
(L)(1)
Subject to division (L)(2) of this section and except as provided in
division (L)(3) of this section, an employee assistance professional,
concerning a communication made to the employee assistance
professional by a client in the employee assistance professional's
official capacity as an employee assistance professional.
(2)
Division (L)(1) of this section applies to an employee assistance
professional who meets either or both of the following requirements:
(a)
Is certified by the employee assistance certification commission to
engage in the employee assistance profession;
(b)
Has education, training, and experience in all of the following:
(i)
Providing workplace-based services designed to address employer and
employee productivity issues;
(ii)
Providing assistance to employees and employees' dependents in
identifying and finding the means to resolve personal problems that
affect the employees or the employees' performance;
(iii)
Identifying and resolving productivity problems associated with an
employee's concerns about any of the following matters: health,
marriage, family, finances, substance abuse or other addiction,
workplace, law, and emotional issues;
(iv)
Selecting and evaluating available community resources;
(v)
Making appropriate referrals;
(vi)
Local and national employee assistance agreements;
(vii)
Client confidentiality.
(3)
Division (L)(1) of this section does not apply to any of the
following:
(a)
A criminal action or proceeding involving an offense under sections
2903.01 to 2903.06 of the Revised Code if the employee assistance
professional's disclosure or testimony relates directly to the facts
or immediate circumstances of the offense;
(b)
A communication made by a client to an employee assistance
professional that reveals the contemplation or commission of a crime
or serious, harmful act;
(c)
A communication that is made by a client who is an unemancipated
minor or an adult adjudicated to be incompetent and indicates that
the client was the victim of a crime or abuse;
(d)
A civil proceeding to determine an individual's mental competency or
a criminal action in which a plea of not guilty by reason of insanity
is entered;
(e)
A civil or criminal malpractice action brought against the employee
assistance professional;
(f)
When the employee assistance professional has the express consent of
the client or, if the client is deceased or disabled, the client's
legal representative;
(g)
When the testimonial privilege otherwise provided by division (L)(1)
of this section is abrogated under law.
Sec.
2701.03.
(A)
If a judge of the court of common pleas allegedly is interested in a
proceeding pending before the court, allegedly is related to or has a
bias or prejudice for or against a party to a proceeding pending
before the court or a party's counsel, or allegedly otherwise is
disqualified to preside in a proceeding pending before the court, any
party to the proceeding or the party's counsel may file an affidavit
of disqualification with the clerk of the supreme court in accordance
with division (B) of this section.
(B)
An affidavit of disqualification filed under section 2101.39,
2501.13, 2701.031, or 2743.041 of the Revised Code or division (A) of
this section shall be filed with the clerk of the supreme court not
less than seven calendar days before the day on which the next
hearing in the proceeding is scheduled and shall include all of the
following:
(1)
The specific allegations on which the claim of interest, bias,
prejudice, or disqualification is based and the facts to support each
of those allegations or, in relation to an affidavit filed against a
judge of a court of appeals, a specific allegation that the judge
presided in the lower court in the same proceeding and the facts to
support that allegation;
(2)
The jurat of a notary public or another person authorized to
administer oaths or affirmations;
(3)
A certificate indicating that a copy of the affidavit has been served
on the probate judge, judge of a court of appeals, judge of a court
of common pleas, judge of a municipal or county court, or judge of
the court of claims against whom the affidavit is filed and on all
other parties or their counsel;
(4)
The date of the next scheduled hearing in the proceeding or, if there
is no hearing scheduled, a statement that there is no hearing
scheduled.
(C)(1)
Except as provided in division (C)(2) of this section, when an
affidavit of disqualification is presented to the clerk of the
supreme court for filing under division (B) of this section, all of
the following apply:
(a)
The clerk of the supreme court shall accept the affidavit for filing
and shall forward the affidavit to the chief justice of the supreme
court.
(b)
The supreme court shall send notice of the filing of the affidavit to
the probate court served by the judge if the affidavit is filed
against a probate court judge, to the clerk of the court of appeals
served by the judge if the affidavit is filed against a judge of a
court of appeals, to the clerk of the court of common pleas served by
the judge if the affidavit is filed against a judge of a court of
common pleas, to the clerk of the municipal or county court served by
the judge if the affidavit is filed against a judge of a municipal or
county court, or to the clerk of the court of claims if the affidavit
is filed against a judge of the court of claims.
(c)
Upon receipt of the notice under division (C)(1)(b) of this section,
the probate court, the clerk of the court of appeals, the clerk of
the court of common pleas, the clerk of the municipal or county
court, or the clerk of the court of claims shall enter the fact of
the filing of the affidavit on the docket of the probate court, the
docket of the court of appeals, the docket in the proceeding in the
court of common pleas, the docket
of
in
the proceeding in the municipal or county court, or the docket
of
in
the proceeding in the court of claims.
(2)
The clerk of the supreme court shall not accept an affidavit of
disqualification presented for filing under division (B) of this
section if it is not timely presented for filing or does not satisfy
the requirements of divisions (B)(2), (3), and (4) of this section.
(D)(1)
Except as provided in divisions (D)(2) to (4) of this section, if the
clerk of the supreme court accepts an affidavit of disqualification
for filing under divisions (B) and (C) of this section, the affidavit
deprives the judge against whom the affidavit was filed of any
authority to preside in the proceeding until the chief justice of the
supreme court, or a justice of the supreme court designated by the
chief justice, rules on the affidavit pursuant to division (E) of
this section.
(2)
A judge against whom an affidavit of disqualification has been filed
under divisions (B) and (C) of this section may do any of the
following that is applicable:
(a)
If, based on the scheduled hearing date, the affidavit was not timely
filed, the judge may preside in the proceeding.
(b)
If the proceeding is a domestic relations proceeding, the judge may
issue any temporary order relating to spousal support pendente lite
and the support, maintenance, and allocation of parental rights and
parenting
responsibilities
for the care of children
.
(c)
If the proceeding pertains to a complaint brought pursuant to Chapter
2151. or 2152. of the Revised Code, the judge may issue any temporary
order pertaining to the relation and conduct of any other person
toward a child who is the subject of a complaint as the interest and
welfare of the child may require.
(3)
A judge against whom an affidavit of disqualification has been filed
under divisions (B) and (C) of this section may determine a matter
that does not affect a substantive right of any of the parties.
(4)
If the clerk of the supreme court accepts an affidavit of
disqualification for filing under divisions (B) and (C) of this
section, if the chief justice of the supreme court, or a justice of
the supreme court designated by the chief justice, denies the
affidavit of disqualification pursuant to division (E) of this
section, and if, after the denial, a second or subsequent affidavit
of disqualification regarding the same judge and the same proceeding
is filed by the same party who filed or on whose behalf was filed the
affidavit that was denied or by counsel for the same party who filed
or on whose behalf was filed the affidavit that was denied, the judge
against whom the second or subsequent affidavit is filed may preside
in the proceeding prior to the ruling of the chief justice of the
supreme court, or a justice designated by the chief justice, on the
second or subsequent affidavit.
(E)
If the clerk of the supreme court accepts an affidavit of
disqualification for filing under divisions (B) and (C) of this
section and if the chief justice of the supreme court, or any justice
of the supreme court designated by the chief justice, determines that
the interest, bias, prejudice, or disqualification alleged in the
affidavit does not exist, the chief justice or the designated justice
shall issue an entry denying the affidavit of disqualification. If
the chief justice of the supreme court, or any justice of the supreme
court designated by the chief justice, determines that the interest,
bias, prejudice, or disqualification alleged in the affidavit exists,
the chief justice or the designated justice shall issue an entry that
disqualifies that judge from presiding in the proceeding and either
order that the proceeding be assigned to another judge of the court
of which the disqualified judge is a member pursuant to the court's
random assignment process, to a judge of another court, or to a
retired judge.
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
plan
as described in
section
3109.051
3109.044
or
3109.12 of the Revised Code
,
or
any person who is granted
companionship
or
visitation
rights
under
a
companionship or
visitation order or decree issued pursuant to section
3109.051
3109.054
,
3109.11, 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
under
a parenting plan
or
a
companionship
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
under a parenting plan
or
a
companionship 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
under
a parenting plan
or
a
companionship 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
companionship or
visitation order or decree no longer is in effect.
Sec.
2901.30.
(A)
As used in sections 2901.30 to 2901.32 of the Revised Code:
(1)
"Information" means information that can be integrated into
the computer system and that relates to the physical or mental
description of a minor including, but not limited to, height, weight,
color of hair and eyes, use of eyeglasses or contact lenses, skin
coloring, physical or mental disabilities, special medical conditions
or needs, abnormalities, problems, scars and marks, and
distinguishing characteristics, and other information that could
assist in identifying a minor including, but not limited to, full
name and nickname, date and place of birth, age, names and addresses
of parents and other relatives, fingerprints, dental records,
photographs, social security number, driver's license number, credit
card numbers, bank account numbers, and clothing.
(2)
"Minor" means a person under eighteen years of age.
(3)
"Missing children" or "missing child" means
either of the following:
(a)
A minor who has run away from or who otherwise is missing from the
home of, or the care, custody, and control of, the minor's parents,
parent who is the
residential
designated
parent
and legal custodian, guardian, legal custodian, or other person
having responsibility for the care of the minor;
(b)
A minor who is missing and about whom there is reason to believe the
minor could be the victim of a violation of section 2905.01, 2905.02,
2905.03, or 2919.23 of the Revised Code or of a violation of section
2905.04 of the Revised Code as it existed prior to July 1, 1996.
(B)
When a law enforcement agency in this state that has jurisdiction in
the matter is informed that a minor is or may be a missing child and
that the person providing the information wishes to file a missing
child report, the law enforcement agency shall take that report. Upon
taking the report, the law enforcement agency shall take prompt
action upon it, including, but not limited to, concerted efforts to
locate the missing child. No law enforcement agency in this state
shall have a rule or policy that prohibits or discourages the filing
of or the taking of action upon a missing child report, within a
specified period following the discovery or formulation of a belief
that a minor is or could be a missing child.
(C)
If a missing child report is made to a law enforcement agency in this
state that has jurisdiction in the matter, the law enforcement agency
shall gather readily available information about the missing child
and integrate it into the national crime information center computer
immediately following the making of the report. The law enforcement
agency shall make reasonable efforts to acquire additional
information about the missing child following the transmittal of the
initially available information, and promptly integrate any
additional information acquired into such computer systems.
Whenever
a law enforcement agency integrates information about a missing child
into the national crime information center computer, the law
enforcement agency promptly shall notify the missing child's parents,
parent who is the
residential
designated
parent
and legal custodian, guardian, or legal custodian, or any other
person responsible for the care of the missing child, that it has so
integrated the information.
The
parents, parent who is the
residential
designated
parent
and legal custodian, guardian, legal custodian, or other person
responsible for the care of the missing child shall provide available
information upon request, and may provide information voluntarily, to
the law enforcement agency during the information gathering process.
The law enforcement agency also may obtain available information
about the missing child from other persons, subject to constitutional
and statutory limitations.
(D)
Upon the filing of a missing child report, the law enforcement agency
involved may notify the public or nonpublic school in which the
missing child is or was most recently enrolled, as ascertained by the
agency, that the child is the subject of a missing child report and
that the child's school records are to be marked in accordance with
section 3313.672 of the Revised Code.
(E)
Upon the filing of a missing child report, the law enforcement agency
involved promptly shall make a reasonable attempt to notify other law
enforcement agencies within its county and, if the agency has
jurisdiction in a municipal corporation or township that borders
another county, to notify the law enforcement agency for the
municipal corporation or township in the other county with which it
shares the border, that it has taken a missing child report and may
be requesting assistance or cooperation in the case, and provide
relevant information to the other law enforcement agencies. The
agency may notify additional law enforcement agencies, or appropriate
public children services agencies, about the case, request their
assistance or cooperation in the case, and provide them with relevant
information.
Upon
request from a law enforcement agency, a public children services
agency shall grant the law enforcement agency access to all
information concerning a missing child that the agency possesses that
may be relevant to the law enforcement agency in investigating a
missing child report concerning that child. The information obtained
by the law enforcement agency shall be used only to further the
investigation to locate the missing child.
(F)
Upon request, law enforcement agencies in this state shall provide
assistance to, and cooperate with, other law enforcement agencies in
their investigation of missing child cases. The assistance and
cooperation under this paragraph shall be pursuant to any terms
agreed upon by the law enforcement agencies, which may include the
provision of law enforcement services or the use of law enforcement
equipment or the interchange of services and equipment among the
cooperating law enforcement agencies. Chapter 2744. of the Revised
Code, insofar as it applies to the operation of law enforcement
agencies, shall apply to the cooperating political subdivisions and
to the law enforcement agency employees when they are rendering
services pursuant to this paragraph outside the territory of the
political subdivision by which they are employed. Law enforcement
agency employees rendering services outside the territory of the
political subdivision in which they are employed, pursuant to this
paragraph, shall be entitled to participate in any indemnity fund
established by their employer to the same extent as if they were
rendering service within the territory of their employing political
subdivision. Those law enforcement agency employees also shall be
entitled to all the rights and benefits of Chapter 4123. of the
Revised Code to the same extent as if rendering services within the
territory of their employing political subdivision.
The
information in any missing child report made to a law enforcement
agency shall be made available, upon request, to law enforcement
personnel of this state, other states, and the federal government
when the law enforcement personnel indicate that the request is to
aid in identifying or locating a missing child or the possible
identification of a deceased minor who, upon discovery, cannot be
identified.
(G)
When a missing child has not been located within thirty days after
the date on which the missing child report pertaining to the child
was filed with a law enforcement agency, that law enforcement agency
shall request the missing child's parents, parent who is the
residential
designated
parent
and legal custodian, guardian, or legal custodian, or any other
person responsible for the care of the missing child, to provide
written consent for the law enforcement agency to contact the missing
child's dentist and request the missing child's dental records. Upon
receipt of such written consent, the dentist shall release a copy of
the missing child's dental records to the law enforcement agency and
shall provide and encode the records in such form as requested by the
law enforcement agency. The law enforcement agency then shall
integrate information in the records into the national crime
information center computer in order to compare the records to those
of unidentified deceased persons. This division does not prevent a
law enforcement agency from seeking consent to obtain copies of a
missing child's dental records, or prevent a missing child's parents,
parent who is the
residential
designated
parent
and legal custodian, guardian, or legal custodian, or any other
person responsible for the care of the missing child, from granting
consent for the release of copies of the missing child's dental
records to a law enforcement agency, at any time.
(H)
A missing child's parents, parent who is the
residential
designated
parent
and legal custodian, guardian, or legal custodian, or any other
persons responsible for the care of a missing child, immediately
shall notify the law enforcement agency with which they filed the
missing child report whenever the child has returned to their home or
to their care, custody, and control, has been released if the missing
child was the victim of an offense listed in division (A)(3)(b) of
this section, or otherwise has been located. Upon such notification
or upon otherwise learning that a missing child has returned to the
home of, or to the care, custody, and control of the missing child's
parents, parent who is the
residential
designated
parent
and legal custodian, guardian, legal custodian, or other person
responsible for the missing child's care, has been released if the
missing child was the victim of an offense listed in division
(A)(3)(b) of this section, or otherwise has been located, the law
enforcement agency involved promptly shall integrate the fact that
the minor no longer is a missing child into the national crime
information center computer and shall inform any school that was
notified under division (D) of this section that the minor is no
longer a missing child.
Sec.
3101.041.
In
determining whether to file the consent under section 3101.04 of the
Revised Code, the juvenile court shall do all of the following:
(A)
Consult with any of the following for each party to the intended
marriage who is seventeen years of age:
(1)
A parent;
(2)
A surviving parent;
(3)
A parent who is
the
designated
the
residential
parent
and legal custodian by a court of competent jurisdiction;
(4)
A guardian;
(5)
Either of the following who has been awarded permanent custody by a
court exercising juvenile jurisdiction:
(a)
An adult person;
(b)
The department of children and youth or any child welfare
organization certified by the department.
(B)
Appoint an attorney as guardian ad litem for each party to the
intended marriage who is seventeen years of age;
(C)
Determine all of the following:
(1)
Each party to the intended marriage who is seventeen years of age has
entered the armed services of the United States, has become employed
and self-subsisting, or has otherwise become independent from the
care and control of the party's parent, guardian, or custodian.
(2)
For each party to the intended marriage who is seventeen years of
age, the decision of that party to marry is free from force or
coercion.
(3)
The intended marriage and the emancipation under section 3101.042 of
the Revised Code is in the best interests of each party to the
intended marriage who is seventeen years of age.
Sec.
3105.011.
(A)
The court of common pleas including divisions of courts of domestic
relations, has full equitable powers and jurisdiction appropriate to
the determination of all domestic relations matters. This section is
not a determination by the general assembly that such equitable
powers and jurisdiction do not exist with respect to any such matter.
(B)
For purposes of this section, "domestic relations matters"
means both of the following:
(1)
Any matter committed to the jurisdiction of the division of domestic
relations of common pleas courts under section 2301.03 of the Revised
Code, as well as a complaint for child support and allocation of
parental rights and
parenting
responsibilities,
including the enforcement and modification of such orders;
(2)
Actions and proceedings under Chapters 3105., 3109., 3111., 3113.,
3115., 3119., 3121., 3123., 3125., and 3127. of the Revised Code,
actions pursuant to section 2151.231 of the Revised Code, all actions
removed from the jurisdiction of the juvenile court pursuant to
section 2151.233 of the Revised Code, and all matters transferred by
the juvenile court pursuant to section 2151.235 of the Revised Code.
Sec.
3105.21.
(A)
Upon
satisfactory
proof of the causes in the complaint for
granting
a
divorce,
annulment,
dissolution
of marriage,
or
legal separation, the court of common pleas shall make an order for
the disposition, care, and maintenance of the children of the
marriage, as is in their best interests, and in accordance with
section
sections
3109.04
to
3109.0498
of
the Revised Code.
(B)
Upon the failure of proof of the causes in the complaint, the court
may make the order for the disposition, care, and maintenance of any
dependent child of the marriage as is in the child's best interest,
and in accordance with
section
sections
3109.04
to
3109.0498
of
the Revised Code.
(C)
Any court of common pleas that makes or modifies an order for child
support under this section shall comply with Chapters 3119., 3121.,
3123., and 3125. of the Revised Code. If any person required to pay
child support under an order made under 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.
Sec.
3105.63.
(A)(1)
A petition for dissolution of marriage shall be signed by both
spouses and shall have attached and incorporated a separation
agreement agreed to by both spouses. The separation agreement shall
provide for a division of all property; spousal support;
if
there are minor children of the marriage, the allocation of parental
rights and responsibilities for the care of the minor children, the
designation of a residential parent and legal custodian of the minor
children, child support, and parenting time rights;
and,
if the spouses so desire, an authorization for the court to modify
the amount or terms of spousal support, or the division of property,
provided in the separation agreement. If there are minor children of
the marriage, the spouses
may
shall
address
the allocation of the parental rights and
parenting
responsibilities
for
the care of the minor children
by
including
in
attaching
a parenting plan to
the
separation agreement
a
plan
under
which both parents will
have
shared rights and
share
parental rights and parenting
responsibilities
for the care of the minor children. The spouses shall file the plan
with the petition for dissolution of marriage and shall include in
the plan the provisions described in
division
(G) of
section
3109.04
3109.044
of
the Revised Code.
(2)
The division of property in the separation agreement shall include
any participant account, as defined in section 148.01 of the Revised
Code, of either of the spouses, to the extent of the following:
(a)
The moneys that have been deferred by a continuing member or
participating employee, as defined in that section, and that have
been transmitted to the public employees retirement board during the
marriage and any income that is derived from the investment of those
moneys during the marriage;
(b)
The moneys that have been deferred by an officer or employee of a
municipal corporation and that have been transmitted to the governing
board, administrator, depository, or trustee of the deferred
compensation program of the municipal corporation during the marriage
and any income that is derived from the investment of those moneys
during the marriage;
(c)
The moneys that have been deferred by an officer or employee of a
government unit, as defined in section 148.06 of the Revised Code,
and that have been transmitted to the governing board, as defined in
that section, during the marriage and any income that is derived from
the investment of those moneys during the marriage.
(3)
The separation agreement shall not require or permit the division or
disbursement of the moneys and income described in division (A)(2) of
this section to occur in a manner that is inconsistent with the law,
rules, or plan governing the deferred compensation program involved
or prior to the time that the spouse in whose name the participant
account is maintained commences receipt of the moneys and income
credited to the account in accordance with that law, rules, and plan.
(B)
An amended separation agreement may be filed at any time prior to or
during the hearing on the petition for dissolution of marriage. Upon
receipt of a petition for dissolution of marriage, the court may
cause an investigation to be made pursuant to the Rules of Civil
Procedure.
(C)(1)
If a petition for dissolution of marriage contains an authorization
for the court to modify the amount or terms of spousal support
provided in the separation agreement, the modification shall be in
accordance with section 3105.18 of the Revised Code.
(2)
If a petition for dissolution of marriage contains an authorization
for the court to modify the division of property provided in the
separation agreement, the modification shall be made with the express
written consent or agreement of both spouses.
Sec.
3105.65.
(A)
If, at the time of the hearing, either spouse is not satisfied with
the separation agreement or does not wish a dissolution of the
marriage and if neither spouse files a motion pursuant to division
(C) of this section to convert the action to an action for divorce,
the court shall dismiss the petition and refuse to validate the
proposed separation agreement.
(B)
If, upon review of the testimony of both spouses and of the report of
the investigator pursuant to the Rules of Civil Procedure, the court
approves the separation agreement and any amendments to it agreed
upon by the parties, it shall grant a decree of dissolution of
marriage that incorporates the separation agreement. If the
separation agreement contains a
plan
for the exercise of shared
a
parenting
by
the spouses
plan
,
the court shall review the plan in accordance with the provisions of
division
(D)(1) of section 3109.04
sections
3109.046 and 3109.049
of
the Revised Code that govern the review of a pleading or motion
requesting
shared
a
parenting
plan
jointly
submitted by both spouses to a marriage. A decree of dissolution of
marriage has the same effect upon the property rights of the parties,
including rights of dower and inheritance, as a decree of divorce.
The court has full power to enforce its decree and retains
jurisdiction to modify all matters pertaining to the allocation of
parental rights and
parenting
responsibilities
for the care of the children
,
to the designation of a
residential
designated
parent
and legal custodian of the children, to child support, to parenting
time of parents
or legal custodians
with the children, and to
companionship or
visitation for persons who are not the children's parents. The court,
only in accordance with division (E)(2) of section 3105.18 of the
Revised Code, may modify the amount or terms of spousal support. The
court may modify the division of property provided in the separation
agreement only upon the express written consent or agreement of both
spouses.
(C)
At any time before a decree of dissolution of marriage has been
granted under division (B) of this section, either spouse may convert
the action for dissolution of marriage into a divorce action by
filing a motion with the court in which the action for dissolution of
marriage is pending for conversion of the action for dissolution of
marriage. The motion shall contain a complaint for divorce that
contains grounds for a divorce and that otherwise complies with the
Rules of Civil Procedure and this chapter. The divorce action then
shall proceed in accordance with the Rules of Civil Procedure in the
same manner as if the motion had been the original complaint in the
action, including, but not limited to, the issuance and service of
summons pursuant to Civil Rules 4 to 4.6, except that no court fees
shall be charged upon conversion of the action for dissolution of
marriage into a divorce action under this division.
Sec.
3109.03.
When
husband
and wife are living separate and apart from each other, or are
divorced, and
the
question
as to the parental rights and
issue
of parental rights and parenting
responsibilities
for
the care of their children and the place of residence and legal
custodian of their children
is
brought before a court of competent jurisdiction,
they
shall stand upon an equality as to the parental rights and
responsibilities for the care of their children and the place of
residence and legal custodian of their children, so far as parenthood
is involved
the
best interest of a child shall be paramount. The court shall not give
preference to a parent or legal custodian because of that parent's or
legal custodian's financial status or gender
.
Sec.
3109.04.
(A)
In
any divorce, legal separation, or annulment proceeding and in any
proceeding pertaining to the allocation of parental rights and
responsibilities for the care of a child, upon hearing the testimony
of either or both parents and considering any mediation report filed
pursuant to section 3109.052 of the Revised Code and in accordance
with sections 3127.01 to 3127.53 of the Revised Code, the court shall
allocate the parental rights and responsibilities for the care of the
minor children of the marriage. Subject to division (D)(2) of this
section, the court may allocate the parental rights and
responsibilities for the care of the children in either of the
following ways:
(1)
If neither parent files a pleading or motion in accordance with
division (G) of this section, if at least one parent files a pleading
or motion under that division but no parent who filed a pleading or
motion under that division also files a plan for shared parenting, or
if at least one parent files both a pleading or motion and a shared
parenting plan under that division but no plan for shared parenting
is in the best interest of the children, the court, in a manner
consistent with the best interest of the children, shall allocate the
parental rights and responsibilities for the care of the children
primarily to one of the parents, designate that parent as the
residential parent and the legal custodian of the child, and divide
between the parents the other rights and responsibilities for the
care of the children, including, but not limited to, the
responsibility to provide support for the children and the right of
the parent who is not the residential parent to have continuing
contact with the children.
(2)
If at least one parent files a pleading or motion in accordance with
division (G) of this section and a plan for shared parenting pursuant
to that division and if a plan for shared parenting is in the best
interest of the children and is approved by the court in accordance
with division (D)(1) of this section, the court may allocate the
parental rights and responsibilities for the care of the children to
both parents and issue a shared parenting order requiring the parents
to share all or some of the aspects of the physical and legal care of
the children in accordance with the approved plan for shared
parenting. If the court issues a shared parenting order under this
division and it is necessary for the purpose of receiving public
assistance, the court shall designate which one of the parents'
residences is to serve as the child's home. The child support
obligations of the parents under a shared parenting order issued
under this division shall be determined in accordance with Chapters
3119., 3121., 3123., and 3125. of the Revised Code.
(B)(1)
When making the allocation of the parental rights and
responsibilities for the care of the children under this section in
an original proceeding or in any proceeding for modification of a
prior order of the court making the allocation, the court shall take
into account that which would be in the best interest of the
children. In determining the child's best interest for purposes of
making its allocation of the parental rights and responsibilities for
the care of the child and for purposes of resolving any issues
related to the making of that allocation, the court, in its
discretion, may and, upon the request of either party, shall
interview in chambers any or all of the involved children regarding
their wishes and concerns with respect to the allocation.
(2)
If the court interviews any child pursuant to division (B)(1) of this
section, all of the following apply:
(a)
The court, in its discretion, may and, upon the motion of either
parent, shall appoint a guardian ad litem for the child.
(b)
The court first shall determine the reasoning ability of the child.
If the court determines that the child does not have sufficient
reasoning ability to express the child's wishes and concern with
respect to the allocation of parental rights and responsibilities for
the care of the child, it shall not determine the child's wishes and
concerns with respect to the allocation. If the court determines that
the child has sufficient reasoning ability to express the child's
wishes or concerns with respect to the allocation, it then shall
determine whether, because of special circumstances, it would not be
in the best interest of the child to determine the child's wishes and
concerns with respect to the allocation. If the court determines
that, because of special circumstances, it would not be in the best
interest of the child to determine the child's wishes and concerns
with respect to the allocation, it shall not determine the child's
wishes and concerns with respect to the allocation and shall enter
its written findings of fact and opinion in the journal. If the court
determines that it would be in the best interests of the child to
determine the child's wishes and concerns with respect to the
allocation, it shall proceed to make that determination.
(c)
The interview shall be conducted in chambers, and no person other
than the child, the child's attorney, the judge, any necessary court
personnel, and, in the judge's discretion, the attorney of each
parent shall be permitted to be present in the chambers during the
interview.
(3)
No person shall obtain or attempt to obtain from a child a written or
recorded statement or affidavit setting forth the child's wishes and
concerns regarding the allocation of parental rights and
responsibilities concerning the child. No court, in determining the
child's best interest for purposes of making its allocation of the
parental rights and responsibilities for the care of the child or for
purposes of resolving any issues related to the making of that
allocation, shall accept or consider a written or recorded statement
or affidavit that purports to set forth the child's wishes and
concerns regarding those matters.
(C)
Prior to trial, the court may cause an investigation to be made as to
the character, family relations, past conduct, earning ability, and
financial worth of each parent and may order the parents and their
minor children to submit to medical, psychological, and psychiatric
examinations. The report of the investigation and examinations shall
be made available to either parent or the parent's counsel of record
not less than five days before trial, upon written request. The
report shall be signed by the investigator, and the investigator
shall be subject to cross-examination by either parent concerning the
contents of the report. The court may tax as costs all or any part of
the expenses for each investigation.
If
the court determines that either parent previously has been convicted
of or pleaded guilty to any criminal offense involving any act that
resulted in a child being a neglected child, that either parent
previously has been determined to be the perpetrator of the
neglectful act that is the basis of an adjudication that a child is a
neglected child, or that there is reason to believe that either
parent has acted in a manner resulting in a child being a neglected
child, the court shall consider that fact against naming that parent
the residential parent and against granting a shared parenting
decree. When the court allocates parental rights and responsibilities
for the care of children or determines whether to grant shared
parenting in any proceeding, it shall consider whether either parent
or any member of the household of either parent has been convicted of
or pleaded guilty to a violation of section 2919.25 of the Revised
Code or a sexually oriented offense involving a victim who at the
time of the commission of the offense was a member of the family or
household that is the subject of the proceeding, has been convicted
of or pleaded guilty to any sexually oriented offense or other
offense involving a victim who at the time of the commission of the
offense was a member of the family or household that is the subject
of the proceeding and caused physical harm to the victim in the
commission of the offense, or has been determined to be the
perpetrator of the abusive act that is the basis of an adjudication
that a child is an abused child. If the court determines that either
parent has been convicted of or pleaded guilty to a violation of
section 2919.25 of the Revised Code or a sexually oriented offense
involving a victim who at the time of the commission of the offense
was a member of the family or household that is the subject of the
proceeding, has been convicted of or pleaded guilty to any sexually
oriented offense or other offense involving a victim who at the time
of the commission of the offense was a member of the family or
household that is the subject of the proceeding and caused physical
harm to the victim in the commission of the offense, or has been
determined to be the perpetrator of the abusive act that is the basis
of an adjudication that a child is an abused child, it may designate
that parent as the residential parent and may issue a shared
parenting decree or order only if it determines that it is in the
best interest of the child to name that parent the residential parent
or to issue a shared parenting decree or order and it makes specific
written findings of fact to support its determination.
(D)(1)(a)
Upon the filing of a pleading or motion by either parent or both
parents, in accordance with division (G) of this section, requesting
shared parenting and the filing of a shared parenting plan in
accordance with that division, the court shall comply with division
(D)(1)(a)(i), (ii), or (iii) of this section, whichever is
applicable:
(i)
If both parents jointly make the request in their pleadings or
jointly file the motion and also jointly file the plan, the court
shall review the parents' plan to determine if it is in the best
interest of the children. If the court determines that the plan is in
the best interest of the children, the court shall approve it. If the
court determines that the plan or any part of the plan is not in the
best interest of the children, the court shall require the parents to
make appropriate changes to the plan to meet the court's objections
to it. If changes to the plan are made to meet the court's
objections, and if the new plan is in the best interest of the
children, the court shall approve the plan. If changes to the plan
are not made to meet the court's objections, or if the parents
attempt to make changes to the plan to meet the court's objections,
but the court determines that the new plan or any part of the new
plan still is not in the best interest of the children, the court may
reject the portion of the parents' pleadings or deny their motion
requesting shared parenting of the children and proceed as if the
request in the pleadings or the motion had not been made. The court
shall not approve a plan under this division unless it determines
that the plan is in the best interest of the children.
(ii)
If each parent makes a request in the parent's pleadings or files a
motion and each also files a separate plan, the court shall review
each plan filed to determine if either is in the best interest of the
children. If the court determines that one of the filed plans is in
the best interest of the children, the court may approve the plan. If
the court determines that neither filed plan is in the best interest
of the children, the court may order each parent to submit
appropriate changes to the parent's plan or both of the filed plans
to meet the court's objections, or may select one of the filed plans
and order each parent to submit appropriate changes to the selected
plan to meet the court's objections. If changes to the plan or plans
are submitted to meet the court's objections, and if any of the filed
plans with the changes is in the best interest of the children, the
court may approve the plan with the changes. If changes to the plan
or plans are not submitted to meet the court's objections, or if the
parents submit changes to the plan or plans to meet the court's
objections but the court determines that none of the filed plans with
the submitted changes is in the best interest of the children, the
court may reject the portion of the parents' pleadings or deny their
motions requesting shared parenting of the children and proceed as if
the requests in the pleadings or the motions had not been made. If
the court approves a plan under this division, either as originally
filed or with submitted changes, or if the court rejects the portion
of the parents' pleadings or denies their motions requesting shared
parenting under this division and proceeds as if the requests in the
pleadings or the motions had not been made, the court shall enter in
the record of the case findings of fact and conclusions of law as to
the reasons for the approval or the rejection or denial. Division
(D)(1)(b) of this section applies in relation to the approval or
disapproval of a plan under this division.
(iii)
If each parent makes a request in the parent's pleadings or files a
motion but only one parent files a plan, or if only one parent makes
a request in the parent's pleadings or files a motion and also files
a plan, the court in the best interest of the children may order the
other parent to file a plan for shared parenting in accordance with
division (G) of this section. The court shall review each plan filed
to determine if any plan is in the best interest of the children. If
the court determines that one of the filed plans is in the best
interest of the children, the court may approve the plan. If the
court determines that no filed plan is in the best interest of the
children, the court may order each parent to submit appropriate
changes to the parent's plan or both of the filed plans to meet the
court's objections or may select one filed plan and order each parent
to submit appropriate changes to the selected plan to meet the
court's objections. If changes to the plan or plans are submitted to
meet the court's objections, and if any of the filed plans with the
changes is in the best interest of the children, the court may
approve the plan with the changes. If changes to the plan or plans
are not submitted to meet the court's objections, or if the parents
submit changes to the plan or plans to meet the court's objections
but the court determines that none of the filed plans with the
submitted changes is in the best interest of the children, the court
may reject the portion of the parents' pleadings or deny the parents'
motion or reject the portion of the parents' pleadings or deny their
motions requesting shared parenting of the children and proceed as if
the request or requests or the motion or motions had not been made.
If the court approves a plan under this division, either as
originally filed or with submitted changes, or if the court rejects
the portion of the pleadings or denies the motion or motions
requesting shared parenting under this division and proceeds as if
the request or requests or the motion or motions had not been made,
the court shall enter in the record of the case findings of fact and
conclusions of law as to the reasons for the approval or the
rejection or denial. Division (D)(1)(b) of this section applies in
relation to the approval or disapproval of a plan under this
division.
(b)
The approval of a plan under division (D)(1)(a)(ii) or (iii) of this
section is discretionary with the court. The court shall not approve
more than one plan under either division and shall not approve a plan
under either division unless it determines that the plan is in the
best interest of the children. If the court, under either division,
does not determine that any filed plan or any filed plan with
submitted changes is in the best interest of the children, the court
shall not approve any plan.
(c)
Whenever possible, the court shall require that a shared parenting
plan approved under division (D)(1)(a)(i), (ii), or (iii) of this
section ensure the opportunity for both parents to have frequent and
continuing contact with the child, unless frequent and continuing
contact with any parent would not be in the best interest of the
child.
(d)
If a court approves a shared parenting plan under division
(D)(1)(a)(i), (ii), or (iii) of this section, the approved plan shall
be incorporated into a final shared parenting decree granting the
parents the shared parenting of the children. Any final shared
parenting decree shall be issued at the same time as and shall be
appended to the final decree of dissolution, divorce, annulment, or
legal separation arising out of the action out of which the question
of the allocation of parental rights and responsibilities for the
care of the children arose.
No
provisional shared parenting decree shall be issued in relation to
any shared parenting plan approved under division (D)(1)(a)(i), (ii),
or (iii) of this section. A final shared parenting decree issued
under this division has immediate effect as a final decree on the
date of its issuance, subject to modification or termination as
authorized by this section.
(2)
If the court finds, with respect to any child under eighteen years of
age, that it is in the best interest of the child for neither parent
to be designated the residential parent and legal custodian of the
child, it may commit the child to a relative of the child or certify
a copy of its findings, together with as much of the record and the
further information, in narrative form or otherwise, that it
considers necessary or as the juvenile court requests, to the
juvenile court for further proceedings, and, upon the certification,
the juvenile court has exclusive jurisdiction.
(E)(1)(a)
The court shall not modify a prior decree allocating parental rights
and responsibilities for the care of children unless it finds, based
on facts that have arisen since the prior decree or that were unknown
to the court at the time of the prior decree, that a change has
occurred in the circumstances of the child, the child's residential
parent, or either of the parents subject to a shared parenting
decree, and that the modification is necessary to serve the best
interest of the child. In applying these standards, the court shall
retain the residential parent designated by the prior decree or the
prior shared parenting decree, unless a modification is in the best
interest of the child and one of the following applies:
(i)
The residential parent agrees to a change in the residential parent
or both parents under a shared parenting decree agree to a change in
the designation of residential parent.
(ii)
The child, with the consent of the residential parent or of both
parents under a shared parenting decree, has been integrated into the
family of the person seeking to become the residential parent.
(iii)
The harm likely to be caused by a change of environment is outweighed
by the advantages of the change of environment to the child.
(b)
One or both of the parents under a prior decree allocating parental
rights and responsibilities for the care of children that is not a
shared parenting decree may file a motion requesting that the prior
decree be modified to give both parents shared rights and
responsibilities for the care of the children. The motion shall
include both a request for modification of the prior decree and a
request for a shared parenting order that complies with division (G)
of this section. Upon the filing of the motion, if the court
determines that a modification of the prior decree is authorized
under division (E)(1)(a) of this section, the court may modify the
prior decree to grant a shared parenting order, provided that the
court shall not modify the prior decree to grant a shared parenting
order unless the court complies with divisions (A) and (D)(1) of this
section and, in accordance with those divisions, approves the
submitted shared parenting plan and determines that shared parenting
would be in the best interest of the children.
(2)
In addition to a modification authorized under division (E)(1) of
this section:
(a)
Both parents under a shared parenting decree jointly may modify the
terms of the plan for shared parenting approved by the court and
incorporated by it into the shared parenting decree. Modifications
under this division may be made at any time. The modifications to the
plan shall be filed jointly by both parents with the court, and the
court shall include them in the plan, unless they are not in the best
interest of the children. If the modifications are not in the best
interests of the children, the court, in its discretion, may reject
the modifications or make modifications to the proposed modifications
or the plan that are in the best interest of the children.
Modifications jointly submitted by both parents under a shared
parenting decree shall be effective, either as originally filed or as
modified by the court, upon their inclusion by the court in the plan.
Modifications to the plan made by the court shall be effective upon
their inclusion by the court in the plan.
(b)
The court may modify the terms of the plan for shared parenting
approved by the court and incorporated by it into the shared
parenting decree upon its own motion at any time if the court
determines that the modifications are in the best interest of the
children or upon the request of one or both of the parents under the
decree. Modifications under this division may be made at any time.
The court shall not make any modification to the plan under this
division, unless the modification is in the best interest of the
children.
(c)
The court may terminate a prior final shared parenting decree that
includes a shared parenting plan approved under division (D)(1)(a)(i)
of this section upon the request of one or both of the parents or
whenever it determines that shared parenting is not in the best
interest of the children. The court may terminate a prior final
shared parenting decree that includes a shared parenting plan
approved under division (D)(1)(a)(ii) or (iii) of this section if it
determines, upon its own motion or upon the request of one or both
parents, that shared parenting is not in the best interest of the
children. If modification of the terms of the plan for shared
parenting approved by the court and incorporated by it into the final
shared parenting decree is attempted under division (E)(2)(a) of this
section and the court rejects the modifications, it may terminate the
final shared parenting decree if it determines that shared parenting
is not in the best interest of the children.
(d)
Upon the termination of a prior final shared parenting decree under
division (E)(2)(c) of this section, the court shall proceed and issue
a modified decree for the allocation of parental rights and
responsibilities for the care of the children under the standards
applicable under divisions (A), (B), and (C) of this section as if no
decree for shared parenting had been granted and as if no request for
shared parenting ever had been made.
(F)(1)
In determining the best interest of a child pursuant to this section,
whether on an original decree allocating parental rights and
responsibilities for the care of children or a modification of a
decree allocating those rights and responsibilities, the court shall
consider all relevant factors, including, but not limited to:
(a)
The wishes of the child's parents regarding the child's care;
(b)
If the court has interviewed the child in chambers pursuant to
division (B) of this section regarding the child's wishes and
concerns as to the allocation of parental rights and responsibilities
concerning the child, the wishes and concerns of the child, as
expressed to the court;
(c)
The child's interaction and interrelationship with the child's
parents, siblings, and any other person who may significantly affect
the child's best interest;
(d)
The child's adjustment to the child's home, school, and community;
(e)
The mental and physical health of all persons involved in the
situation;
(f)
The parent more likely to honor and facilitate court-approved
parenting time rights or visitation and companionship rights;
(g)
Whether either parent has failed to make all child support payments,
including all arrearages, that are required of that parent pursuant
to a child support order under which that parent is an obligor;
(h)
Whether either parent or any member of the household of either parent
previously has been convicted of or pleaded guilty to any criminal
offense involving any act that resulted in a child being an abused
child or a neglected child; whether either parent, in a case in which
a child has been adjudicated an abused child or a neglected child,
previously has been determined to be the perpetrator of the abusive
or neglectful act that is the basis of an adjudication; whether
either parent or any member of the household of either parent
previously has been convicted of or pleaded guilty to a violation of
section 2919.25 of the Revised Code or a sexually oriented offense
involving a victim who at the time of the commission of the offense
was a member of the family or household that is the subject of the
current proceeding; whether either parent or any member of the
household of either parent previously has been convicted of or
pleaded guilty to any offense involving a victim who at the time of
the commission of the offense was a member of the family or household
that is the subject of the current proceeding and caused physical
harm to the victim in the commission of the offense; and whether
there is reason to believe that either parent has acted in a manner
resulting in a child being an abused child or a neglected child;
(i)
Whether the residential parent or one of the parents subject to a
shared parenting decree has continuously and willfully denied the
other parent's right to parenting time in accordance with an order of
the court;
(j)
Whether either parent has established a residence, or is planning to
establish a residence, outside this state.
(2)
In determining whether shared parenting is in the best interest of
the children, the court shall consider all relevant factors,
including, but not limited to, the factors enumerated in division
(F)(1) of this section, the factors enumerated in section 3119.23 of
the Revised Code, and all of the following factors:
(a)
The ability of the parents to cooperate and make decisions jointly,
with respect to the children;
(b)
The ability of each parent to encourage the sharing of love,
affection, and contact between the child and the other parent;
(c)
Any history of, or potential for, child abuse, spouse abuse, other
domestic violence, or parental kidnapping by either parent;
(d)
The geographic proximity of the parents to each other, as the
proximity relates to the practical considerations of shared
parenting;
(e)
The recommendation of the guardian ad litem of the child, if the
child has a guardian ad litem.
(3)
When allocating parental rights and responsibilities for the care of
children, the court shall not give preference to a parent because of
that parent's financial status or condition.
(G)
Either parent or both parents of any children may file a pleading or
motion with the court requesting the court to grant both parents
shared parental rights and responsibilities for the care of the
children in a proceeding held pursuant to division (A) of this
section. If a pleading or motion requesting shared parenting is
filed, the parent or parents filing the pleading or motion also shall
file with the court a plan for the exercise of shared parenting by
both parents. If each parent files a pleading or motion requesting
shared parenting but only one parent files a plan or if only one
parent files a pleading or motion requesting shared parenting and
also files a plan, the other parent as ordered by the court shall
file with the court a plan for the exercise of shared parenting by
both parents. The plan for shared parenting shall be filed with the
petition for dissolution of marriage, if the question of parental
rights and responsibilities for the care of the children arises out
of an action for dissolution of marriage, or, in other cases, at a
time at least thirty days prior to the hearing on the issue of the
parental rights and responsibilities for the care of the children. A
plan for shared parenting shall include provisions covering all
factors that are relevant to the care of the children, including, but
not limited to, provisions covering factors such as physical living
arrangements, child support obligations, provision for the children's
medical and dental care, school placement, and the parent with which
the children will be physically located during legal holidays, school
holidays, and other days of special importance.
(H)
If an appeal is taken from a decision of a court that grants or
modifies a decree allocating parental rights and responsibilities for
the care of children, the court of appeals shall give the case
calendar priority and handle it expeditiously.
(I)(1)
Upon receipt of an order for active military service in the uniformed
services, a parent who is subject to an order allocating parental
rights and responsibilities or in relation to whom an action to
allocate parental rights and responsibilities is pending and who is
ordered for active military service shall notify the other parent who
is subject to the order or in relation to whom the case is pending of
the order for active military service within three days of receiving
the military service order.
(2)
On receipt of the notice described in division (I)(1) of this
section, either parent may apply to the court for a hearing to
expedite an allocation or modification proceeding so that the court
can issue an order before the parent's active military service
begins. The application shall include the date on which the active
military service begins.
The
court shall schedule a hearing upon receipt of the application and
hold the hearing not later than thirty days after receipt of the
application, except that the court shall give the case calendar
priority and handle the case expeditiously if exigent circumstances
exist in the case.
The
court shall not modify a prior decree allocating parental rights and
responsibilities unless the court determines that there has been a
change in circumstances of the child, the child's residential parent,
or either of the parents subject to a shared parenting decree, and
that modification is necessary to serve the best interest of the
child. The court shall not find past, present, or possible future
active military service in the uniformed services to constitute a
change in circumstances justifying modification of a prior decree
pursuant to division (E) of this section. The court shall make
specific written findings of fact to support any modification under
this division.
(3)
Nothing in division (I) of this section shall prevent a court from
issuing a temporary order allocating or modifying parental rights and
responsibilities for the duration of the parent's active military
service. A temporary order shall specify whether the parent's active
military service is the basis of the order and shall provide for
termination of the temporary order and resumption of the prior order
within ten days after receipt of notice pursuant to division (I)(5)
of this section, unless the other parent demonstrates that resumption
of the prior order is not in the child's best interest.
(4)
At the request of a parent who is ordered for active military service
in the uniformed services and who is a subject of a proceeding
pertaining to a temporary order for the allocation or modification of
parental rights and responsibilities, the court shall permit the
parent to participate in the proceeding and present evidence by
electronic means, including communication by telephone, video, or
internet to the extent permitted by the rules of the supreme court of
Ohio.
(5)
A parent who is ordered for active military service in the uniformed
services and who is a subject of a proceeding pertaining to the
allocation or modification of parental rights and responsibilities
shall provide written notice to the court, child support enforcement
agency, and the other parent of the date of termination of the
parent's active military service not later than thirty days after the
date on which the service ends.
(J)
As
used in this
section
chapter
:
(1)
"Abused child" has the same meaning as in section 2151.031
of the Revised Code.
(2)
"Active military service" means service by a member of the
uniformed services in compliance with military orders to report for
combat operations, contingency operations, peacekeeping operations, a
remote tour of duty, or other active service for which the member is
required to report unaccompanied by any family member, including any
period of illness, recovery from injury, leave, or other lawful
absence during that operation, duty, or service.
(3)
(2)
"Child education" means education for a child to learn
information, skills, and techniques for adjusting positively to
parents living apart or terminating their relationship.
(3)
"Companionship or visitation" means the time that a
relative, person who has served as a kinship caregiver, or other
person is responsible for the child under a companionship or
visitation order.
(4)
"Co-parent coaching" means a process of personalized
inquiry and feedback that guides separated parents to take
responsibility for reducing conflict; create effective plans for
communication and decision-making; and foster a caring, stable, and
supportive environment for children.
(5)
"Counseling" means treatment with a mental health
professional or community program providing mental health, substance
abuse, or other supportive services.
(6)
"Dispute resolution" means any process in which a neutral
professional facilitates communication and negotiation between
parties to assist them in reaching a voluntary agreement regarding
their dispute, including arbitration as prescribed in Chapter 2711.
of the Revised Code, co-parent coaching, mediation, neutral
evaluation, and parenting coordination.
(7)
"Evaluator" means a person appointed or designated by the
court to conduct inquiries or make recommendations regarding issues
relating to the allocation of parenting responsibilities.
(8)
"Guardian ad litem" means a person appointed to assist a
court in its determination of the best interest of a child.
(9)
"Kinship caregiver" has the same meaning as in section
5101.85 of the Revised Code.
(10)
"Legal custodian" means a person vested with legal custody
of a child by law or awarded by a court of competent jurisdiction.
(11)
"Legal custody" means a legal status that vests in a person
the right to have physical care and control of the child and to
exercise parenting responsibilities as defined in this section and as
authorized by any other section of the Revised Code or by the court.
(12)
"Mediation" means any process in which a mediator
facilitates communication and negotiation between parties to assist
them in reaching a voluntary agreement regarding their dispute.
(13)
"Mediator" means a person with special skills and training
in mediation and who meets the qualifications adopted by the Supreme
Court of Ohio, and by a court of common pleas pursuant to the Rules
of Superintendence for the Courts of Ohio.
(14)
"Neglected
child" has the same meaning as in section 2151.03 of the Revised
Code.
(4)
"Sexually oriented offense" has the same meaning as in
section 2950.01 of the Revised Code.
(5)
(15)
"Neutral evaluation" means a process in which the parties
to a dispute present their claims or defenses and describe the
principal evidence on which their claims or defenses are based to two
neutral third parties who then share impressions about the strengths
and weaknesses of each matter.
(16)
"Parent" means a person who is determined to be any of the
following:
(a)
A child's mother through the following:
(i)
Proof of her having given birth to the child;
(ii)
Pursuant to sections 3111.01 to 3111.18 or 3111.20 to 3111.85 of the
Revised Code;
(iii)
Proof of adoption or pursuant to Chapter 3107. of the Revised Code.
(b)
A child's father through the following:
(i)
An acknowledgement of paternity under sections 3111.20 to 3111.35 of
the Revised Code;
(ii)
Pursuant to sections 3111.01 to 3111.18 or 3111.38 to 3111.54 of the
Revised Code;
(iii)
Proof of adoption or pursuant to Chapter 3107. of the Revised Code.
(17)
"Parenting coordination" means a child-focused dispute
resolution process ordered by a court to assist parties in
implementing a parenting plan or companionship or visitation using
assessment, education, case management, conflict management,
coaching, or decision-making.
(18)
"Parent education" means education for parents and legal
custodians living apart or terminating their relationship to learn
information and skills to minimize potential negative effects on
children, promote positive adjustment during the process, and teach
parents and legal custodians how to parent cooperatively.
(19)
"Parenting plan" means a plan to allocate the parenting
responsibilities of parents or a legal custodian that meets the
requirements of section 3109.044 of the Revised Code.
(20)
"Parenting responsibilities" include all parental rights
recognized by the United States Constitution and the Ohio
Constitution and all of the following:
(a)
Providing for the physical and emotional safety and well-being of a
child, including physical living arrangements;
(b)
Establishing and maintaining a loving, stable, consistent, and
nurturing relationship with a child;
(c)
Providing for the health care needs of a child;
(d)
Providing for the educational needs of a child;
(e)
Providing for the financial needs of a child;
(f)
Attending to the needs of a child for discipline, daily personal
care, supervision, and activities;
(g)
Assisting a child in developing interpersonal relationships;
(h)
Exercising judgment regarding a child's welfare consistent with a
child's developmental stage or special needs;
(i)
Making decisions and performing other duties relating to the welfare
of a child;
(j)
Exercising parenting time.
(21)
"Parenting time" means the time that a parent or legal
custodian is responsible for the child under a parenting plan or
court order.
"Uniformed
services" means the United States armed forces, the army
national guard, and the air national guard or any reserve component
thereof, or the commissioned corps of the United States public health
service.
(K)
As used in the Revised Code, "shared parenting" means that
the parents share, in the manner set forth in the plan for shared
parenting that is approved by the court under division (D)(1) and
described in division (L)(6) of this section, all or some of the
aspects of physical and legal care of their children.
(L)
(22)
"Proceeding pertaining to the allocation of parenting
responsibilities" includes a divorce, dissolution of marriage,
legal separation, annulment, or any other related proceeding
involving a child.
(B)
For
purposes of the Revised Code
:
,
"designated parent and legal custodian" means a parent or
legal custodian designated for any of the purposes listed under
divisions (B)(1) to (5) of section 3109.044 of the Revised Code under
a court order allocating parenting responsibilities.
(1)
A parent who is granted the care, custody, and control of a child
under an order that was issued pursuant to this section prior to
April 11, 1991, and that does not provide for shared parenting has
"custody of the child" and "care, custody, and control
of the child" under the order, and is the "residential
parent," the "residential parent and legal custodian,"
or the "custodial parent" of the child under the order.
(2)
A parent who primarily is allocated the parental rights and
responsibilities for the care of a child and who is designated as the
residential parent and legal custodian of the child under an order
that is issued pursuant to this section on or after April 11, 1991,
and that does not provide for shared parenting has "custody of
the child" and "care, custody, and control of the child"
under the order, and is the "residential parent," the
"residential parent and legal custodian," or the "custodial
parent" of the child under the order.
(3)
A parent who is not granted custody of a child under an order that
was issued pursuant to this section prior to April 11, 1991, and that
does not provide for shared parenting is the "parent who is not
the residential parent," the "parent who is not the
residential parent and legal custodian," or the "noncustodial
parent" of the child under the order.
(4)
A parent who is not primarily allocated the parental rights and
responsibilities for the care of a child and who is not designated as
the residential parent and legal custodian of the child under an
order that is issued pursuant to this section on or after April 11,
1991, and that does not provide for shared parenting is the "parent
who is not the residential parent," the "parent who is not
the residential parent and legal custodian," or the
"noncustodial parent" of the child under the order.
(5)
Unless the context clearly requires otherwise, if an order is issued
by a court pursuant to this section and the order provides for shared
parenting of a child, both parents have "custody of the child"
or "care, custody, and control of the child" under the
order, to the extent and in the manner specified in the order.
(6)
Unless the context clearly requires otherwise and except as otherwise
provided in the order, if an order is issued by a court pursuant to
this section and the order provides for shared parenting of a child,
each parent, regardless of where the child is physically located or
with whom the child is residing at a particular point in time, as
specified in the order, is the "residential parent," the
"residential parent and legal custodian," or the "custodial
parent" of the child.
(7)
Unless the context clearly requires otherwise and except as otherwise
provided in the order, a designation in the order of a parent as the
residential parent for the purpose of determining the school the
child attends, as the custodial parent for purposes of claiming the
child as a dependent pursuant to section 152(e) of the "Internal
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as
amended, or as the residential parent for purposes of receiving
public assistance pursuant to division (A)(2) of this section, does
not affect the designation pursuant to division (L)(6) of this
section of each parent as the "residential parent," the
"residential parent and legal custodian," or the "custodial
parent" of the child.
(M)
The court shall require each parent of a child to file an affidavit
attesting as to whether the parent, and the members of the parent's
household, have been convicted of or pleaded guilty to any of the
offenses identified in divisions (C) and (F)(1)(h) of this section.
Sec.
3109.041.
(A)
A court shall allocate parenting responsibilities in any proceeding
pertaining to the allocation of parenting responsibilities.
(B)
A final decree in a proceeding pertaining to the allocation of
parenting responsibilities shall include an allocation of those
responsibilities.
Sec.
3109.042.
Allocation
of parenting responsibilities shall be based on a parenting plan
approved or issued by the court. The allocation of parenting
responsibilities in a parenting plan does not abrogate parental
rights recognized by the United States Constitution or Ohio
Constitution.
Sec.
3109.044.
The
purpose of a parenting plan is to allocate all parenting
responsibilities to parents or legal custodians. The plan shall seek
to ensure that parents or legal custodians share in the
responsibilities of raising a child, enable a child to enjoy a
meaningful relationship with both parents or legal custodians, and
maximize parenting time with each parent when it is in the best
interest of the child. A parenting plan shall include all of the
following:
(A)
Provisions regarding each child's needs that are consistent with the
child's age, developmental stage, maturation, and special needs;
(B)
The designation of a parent or legal custodian as the designated
parent and legal custodian for the following purposes:
(1)
Paying and receiving child support and cash medical support pursuant
to a worksheet created under section 3119.022 of the Revised Code;
(2)
Determining the school district of attendance;
(3)
Providing health care coverage;
(4)
Claiming the child as a dependent for income tax purposes;
(5)
For any other purpose requiring designation of one parent or legal
custodian, including public assistance, international treaty
enforcement, or state or federal law.
(C)
The parenting time schedule for weekdays, weekends, holidays, days
that hold special meaning to the child, parents, or legal custodian,
vacations, and other times;
(D)
The frequency, time, and method of the child's communication with a
parent or legal custodian during the parenting time;
(E)
The allocation of decision-making and other responsibilities related
to the welfare of the child, including education, child care, health
care, and school and extra-curricular activities;
(F)
The procedure for parenting time, including the meeting location and
the person responsible for transportation;
(G)
The frequency and method for the parents or legal custodians to
communicate with each other about the child;
(H)
The process of information sharing and right to access the child's
school records, health records, records of the childcare facilities,
and school and extra-curricular activities;
(I)
Any geographical restriction on relocation of the child and
notification procedure prior to the relocation of the child pursuant
to sections 3109.0470 to 3109.0479 of the Revised Code;
(J)
Each parent's or legal custodian's responsibility for the child's
financial support, consistent with section 3109.05 and Chapter 3119.
of the Revised Code;
(K)
Procedures for the parents or legal custodians to resolve disputes
through nonadversarial dispute resolution processes;
(L)
Each parent's or legal custodian's responsibility to provide written
notification to the other parent or legal custodian and the court of
a change of contact information, including street address, mailing
address, email address, or telephone number in compliance with
section 3109.0473 of the Revised Code;
(M)
Any other provisions required by statute or the court.
Sec.
3109.045.
A
parenting plan that meets the requirements of section 3109.044 of the
Revised Code shall be filed not later than thirty days before a
hearing to determine the allocation of parenting responsibilities,
except that the court may waive the thirty-day deadline for good
cause shown. A parent or legal custodian may file a separate
parenting plan or the parents and legal custodians may file a joint
parenting plan.
Sec.
3109.046.
If
the parents or legal custodians file a joint parenting plan and the
court finds that the provisions of the joint parenting plan are in
the best interest of the child, the court shall approve the joint
parenting plan. If the court finds that the joint parenting plan is
not in the best interest of the child, the court shall provide
written findings of fact to support its finding and either allow the
parents or legal custodians to make appropriate changes to resolve
the court's objections or issue its own parenting plan. If a joint
parenting plan includes a provision for substantially equal parenting
time, the court may deny the request if the court determines that
substantially equal parenting time is not in the best interest of the
child, endangers the safety of the parties, or for other good cause
shown and provides written findings of fact to support the
determination.
Sec.
3109.047.
If
the parents or legal custodian file one or more separate parenting
plans, the court shall review each plan to determine whether the plan
is in the best interest of the child. If the court finds that one of
the separate parenting plans is in the best interest of the child,
the court shall approve that plan and, if applicable, provide written
findings of fact to support its finding that another separate
parenting plan is not in the best interest of the child. If the court
finds that none of the parenting plans is in the best interest of the
child, the court shall provide written findings of fact to support
its finding and either allow the parents or legal custodian to make
appropriate changes to resolve the court's objections or issue its
own parenting plan. If a parenting plan includes a provision for
substantially equal parenting time, the court may deny the request if
the court determines that substantially equal parenting time is not
in the best interest of the child, endangers the safety of the
parties, or for other good cause shown and provides written findings
of fact to support the determination.
Sec.
3109.048.
If
no parent or legal custodian files a parenting plan, the court shall
issue its own parenting plan.
Sec.
3109.049.
In
allocating or approving parenting responsibilities in a parenting
plan, the court shall ensure that the plan meets all of the
requirements of section 3109.044 of the Revised Code and that it is
in the best interest of the child pursuant to section 3109.0430 of
the Revised Code.
Sec.
3109.0410.
The
court shall not approve or issue more than one parenting plan to be
in effect at a time.
Sec.
3109.0411.
In
allocating or approving parenting responsibilities in a parenting
plan, the court shall not draw any presumptions from a temporary
parenting order.
Sec.
3109.0412.
The
court shall have complete discretion over the approval of a parenting
plan.
Sec.
3109.0414.
(A)
Upon the court's determination that no parent is found suitable to be
allocated parenting responsibilities under a parenting plan in
accordance with section 3109.0416 of the Revised Code, the court may
designate a relative or kinship caregiver as the legal custodian of
the child or certify the matter to the juvenile court.
(B)
Any designation of a relative or kinship caregiver as the legal
custodian of the child shall be in the child's best interest pursuant
to section 3109.0430 of the Revised Code.
Sec.
3109.0415.
(A)
Upon the certification under section 3109.0414 of the Revised Code,
the juvenile court has exclusive jurisdiction over the establishment
and issuance of a decree that incorporates a parenting plan.
(B)
The juvenile court shall establish and issue decrees that incorporate
parenting plans in accordance with sections 3109.04 to 3109.0498 of
the Revised Code.
Sec.
3109.0416.
A
court may find a parent to be not suitable under section 3109.0414 of
the Revised Code only if the preponderance of the evidence
demonstrates any of the following:
(A)
The parent abandoned the child.
(B)
The parent contractually relinquished custody of the child.
(C)
The parent has become completely incapable of supporting or caring
for the child.
(D)
An award of custody to the parent would be detrimental to the child.
Sec.
3109.0417.
A
legal custodian of a child appointed by a court pursuant to section
3109.0414 of the Revised Code or by a juvenile court if the case has
been certified pursuant to section 3109.0415 of the Revised Code may
submit a parenting plan under section 3109.045 of the Revised Code.
Sec.
3109.0418.
(A)
To request a prior parenting plan be modified with a proposed
modification agreed to by all parties, the parents or legal custodian
shall file both of the following:
(1)
A motion requesting that the prior parenting plan be modified;
(2)
The proposed agreed entry.
(B)
The court may approve the motion and the proposed agreed entry or
conduct a hearing on the proposed agreed entry.
(C)
The court shall not modify a prior parenting plan under this section
without finding the modification is in the child's best interest.
Sec.
3109.0419.
(A)
To request a prior parenting plan be modified without a proposed
modification agreed to by all parties, one parent or legal custodian
shall file a motion requesting that the prior parenting plan be
modified. The motion shall set forth all of the following:
(1)
The specific modification sought;
(2)
The change of circumstances of the parent, legal custodian, or child;
(3)
Why the modification is in the best interest of the child.
(B)
The court shall not modify a prior parenting plan under division (A)
of this section without finding all of the following:
(1)
A finding of a change of circumstances of a parent, legal custodian,
or the child. The court may conduct a hearing to determine whether a
change of circumstance has occurred since the prior parenting plan
was approved;
(2)
The modification is in the child's best interest;
(3)
One of the following applies:
(a)
All parties to the proceeding agree to the modification.
(b)
The child has been integrated into the family of the parent or legal
custodian seeking modification with the consent of the other parent
or legal custodian.
(c)
The advantages of the modification outweigh any harm to the child.
Sec.
3109.0420.
A
court may assess reasonable attorney fees and litigation expenses if
it finds that a motion to modify a prior parenting plan was brought
in bad faith or the party's actions constituted frivolous conduct as
defined in section 2323.51 of the Revised Code or as otherwise
provided in the Revised Code.
Sec.
3109.0421.
Nothing
in sections 3109.0418 to 3109.0420 of the Revised Code limits the
authority of a child support enforcement agency to review a child
support order in accordance with rules adopted under section 3119.76
of the Revised Code.
Sec.
3109.0422.
In
any proceeding pertaining to the allocation of parenting
responsibilities, when requested by motion, upon satisfactory proof
of all relevant information by affidavit duly filed with the clerk of
the court, the court, without oral hearing and for good cause shown,
may make a temporary order regarding the allocation of parenting
responsibilities while the action is pending.
Sec.
3109.0423.
If
the court has issued a temporary order allocating parenting
responsibilities, without an oral hearing, a party may file a written
request for an oral hearing to modify the order. The court shall
conduct an oral hearing not later than twenty-eight days after the
filing of the request unless good cause is shown.
Sec.
3109.0424.
An
unmarried female who gives birth to a child is the sole designated
parent and legal custodian of the child until a court of competent
jurisdiction issues an order allocating parenting responsibilities
for the child.
Sec.
3109.0425.
A
court allocating parental responsibilities of a child described under
section 3109.0424 of the Revised Code when another person is the
designated parent and legal custodian shall consider the best
interest of the child as provided in section 3109.0430 of the Revised
Code to be paramount. The court shall not give preference to a parent
or legal custodian because of that parent or legal custodian's
financial status or gender.
Sec.
3109.0426.
Notwithstanding
sections 3109.0424 and 3109.0425 of the Revised Code, an unmarried
female who has been convicted of or pleaded guilty to rape or sexual
battery of the other parent of the child shall not be the designated
parent and legal custodian of that child, unless the court determines
that special circumstances permit the unmarried mother to be the
child's designated parent and legal custodian.
Sec.
3109.0428.
If
an appeal is taken from an order of a court that grants or modifies
parenting responsibilities in a parenting plan, the court of appeals
shall give the case calendar priority and handle it expeditiously.
Sec.
3109.0430.
(A)
In determining the best interest of a child for purposes of
allocating parenting responsibilities, the court shall consider all
relevant factors, including:
(1)
The wishes of the child's parents or legal custodian regarding the
child's care;
(2)
The wishes and concerns of the child;
(3)
The relative strength, nature, and stability of the child's
relationship with each parent or legal custodian and the parent's or
legal custodian's interest in the child;
(4)
The child's interaction and interrelationship with siblings,
relatives, and any other persons who may significantly affect the
child's best interest;
(5)
The child's involvement with school, the community, and other
significant activities;
(6)
The emotional, mental, and physical health of all persons involved;
(7)
The child's age; developmental stage; and emotional, mental,
physical, educational, and special needs;
(8)
The willingness and ability of the parents or legal custodian to
communicate effectively with each other and with the child;
(9)
Any current abuse or history of child abuse, spousal abuse, domestic
violence, or parental kidnapping;
(10)
Whether a parent or legal custodian has knowingly made a false report
of child abuse or neglect;
(11)
Whether a parent or legal custodian, without just cause, has
repeatedly failed to be financially responsible for any child as
ordered by a court;
(12)
Whether a parent or legal custodian, without just cause, has
repeatedly interfered with the other parent's or legal custodian's
court-ordered access to the child;
(13)
The willingness and ability of a parent or legal custodian to
facilitate and encourage parenting time or companionship or
visitation and a close and continuing relationship between the other
parent or legal custodian and the child;
(14)
A parent's or legal custodian's past performance and current ability
to provide for the daily needs of the child, considering the parent's
or legal custodian's employment schedule and the child's school,
child care, and activity schedule;
(15)
The child's physical environment;
(16)
Whether a parent or legal custodian has established a residence or is
planning to establish a residence outside this state;
(17)
The geographic proximity of a parent or legal custodian;
(18)
Any recommendation of the child's guardian ad litem;
(19)
Any parenting coordination decisions;
(20)
Any mediation agreements;
(21)
Any report of a court-appointed or designated evaluator or
investigator admitted into evidence;
(22)
Whether a parent or legal custodian has failed to attend
court-required parent education pursuant to section 3109.0433 of the
Revised Code;
(23)
The safety of the child and the parents or legal custodian;
(24)
Whether a parent or legal custodian intentionally misled the court to
cause an unnecessary delay, increase the cost of litigation, or
induce the court to give preference to that parent or legal custodian
regarding decision-making powers or parenting time or companionship
or visitation;
(25)
Whether a parent has unjustifiably failed to comply with the terms of
a temporary parenting plan under section 3109.0422 of the Revised
Code; a parenting plan under section 3109.046, 3109.047, or 3109.048
of the Revised Code; or any other similar plan or order;
(26)
Any other relevant factor.
(B)
The court shall not give preference to a parent or legal custodian on
the basis of that parent's or legal custodian's financial
circumstances or gender.
(C)
In determining the best interest of the child, the court shall not
consider any one factor to the exclusion of other factors.
Sec.
3109.0432.
In
any proceeding pertaining to the allocation of parenting
responsibilities, the court may order a parent or legal custodian to
participate in counseling with a licensed mental health professional
or through community programs, including mental health, substance
abuse, or other appropriate services.
Sec.
3109.0433.
(A)
In any proceeding pertaining to the original allocation of parenting
responsibilities, the court shall order the parents or legal
custodian to complete parent education, unless the proceeding
involves allegations of abuse or neglect or a dependent, unruly, or
delinquent child.
(B)
In any proceeding pertaining to the modification of parenting
responsibilities, the court may order parents or legal custodians to
complete additional parent education.
Sec.
3109.0434.
The
court may waive parent education under section 3109.0433 of the
Revised Code for good cause shown.
Sec.
3109.0435.
The
court may order any party to deliver a child to attend child
education as appropriate to the child's needs.
Sec.
3109.0436.
The
court shall determine the method that the parents or legal custodians
shall be notified of parent and child education.
Sec.
3109.0439.
In
any proceeding pertaining to the allocation of parenting
responsibilities, the court may order a parent, legal custodian, or a
child to submit to any of the following:
(A)
The investigation of any relevant circumstances and conditions
regarding the allocation of parenting responsibilities, including
character, family relations, past conduct, earning ability, and
capacity of the parties to meet parenting responsibilities;
(B)
The evaluation of any relevant circumstances and conditions regarding
the allocation of parenting responsibilities, including substance
abuse, medical, psychological, or psychiatric interviews, tests,
examinations, and assessments;
(C)
The custody evaluation as described in the Rules of Superintendence
for the Courts of Ohio.
Sec.
3109.0440.
An
investigator or evaluator shall file a written signed report of the
investigation or evaluation under section 3109.0439 of the Revised
Code in accordance with the rules of the supreme court of Ohio. The
court's investigator or evaluator may consult any person who may have
relevant information.
Sec.
3109.0441.
The
investigator or evaluator shall be subject to cross-examination by
any party with regard to an investigation or evaluation under section
3109.0439 of the Revised Code.
Sec.
3109.0442.
The
court may apportion costs related to an investigation or evaluation
under section 3109.0439 of the Revised Code to the parties.
Sec.
3109.0445.
(A)
In any proceeding pertaining to the allocation of parenting
responsibilities, the court may, and upon request of either party,
shall, interview a child regarding the child's wishes and concerns
with respect to the allocation of parenting responsibilities.
(B)
The court shall conduct the interview in chambers or another location
designated by the court.
Sec.
3109.0446.
Before
conducting or completing an interview under section 3109.0445 of the
Revised Code, the court shall determine both of the following:
(A)
That the child has sufficient reasoning ability;
(B)
That there are no special circumstances that would indicate the
interview would not be in the best interest of the child.
Sec.
3109.0449.
(A)
The child, attorney for the child, if any, and any court personnel
deemed necessary by the court shall be present at an interview under
section 3109.0445 of the Revised Code.
(B)
The court may have the child's guardian ad litem present during the
interview.
Sec.
3109.0450.
If
the court interviews a child under section 3109.0445 of the Revised
Code, it shall permit a parent or legal custodian to submit written
questions to the court that the court may use during the interview.
Sec.
3109.0451.
If
the court interviews a child under section 3109.0445 of the Revised
Code, it shall record the interview. Only the court and appellate
courts shall have access to the record of the interview.
Sec.
3109.0452.
No
person shall obtain or attempt to obtain a written or recorded
statement or affidavit from a child setting forth the wishes and
concerns of the child with respect to the allocation of parenting
responsibilities in a parenting plan. The court shall not accept or
consider a written or recorded statement or affidavit regarding those
matters.
Sec.
3109.0453.
Unless
otherwise permitted by law, an attorney representing a parent or
legal custodian in a proceeding pertaining to the allocation of
parenting responsibilities shall not discuss the issue of parenting
responsibilities with a child who is the subject of the proceeding.
Sec.
3109.0455.
In
any proceeding pertaining to the allocation of parenting
responsibilities, the court may approve or order a restriction of
parenting responsibilities if the court finds, based upon a
preponderance of the evidence, that such restrictions are reasonably
calculated to protect a child from physical, sexual, or emotional
abuse, or a parent from domestic violence.
Sec.
3109.0456.
The
court may restrict a parent's or legal custodian's parenting time;
right to make decisions; access to a child's records, activities,
school, or child care facility; or right to receive a notice of
intent to relocate or change of contact information on finding that
one or more of the following applies to the parent or legal
custodian:
(A)
Willful neglect, or substantial nonperformance, of parenting
responsibilities;
(B)
Long-term emotional or physical impairment that interferes with
parenting responsibilities;
(C)
Impairment from alcohol, drug, or other substance abuse that
interferes with parenting responsibilities;
(D)
The absence or substantial impairment of ties between the parent or
legal custodian and a child;
(E)
Conduct that creates a danger to the child's psychological, social,
cognitive, emotional, or physical development;
(F)
Denial of access of the other parent or legal custodian to the child
for protracted periods of time without justifiable cause;
(G)
Physical, sexual, or emotional abuse of the child;
(H)
An act of domestic violence as defined in section 3113.31 of the
Revised Code, sexually oriented offense, or an assault which caused
serious bodily injury or placed another person in fear of imminent
serious physical harm;
(I)
Knowingly consenting to a child being in the presence of a person who
has committed any act that would constitute the commission of any
sexually oriented offense, offense of violence, or act that would
have resulted in a child being abused or neglected in this state;
(J)
Any other relevant factor that affects the best interest of a child.
Sec.
3109.0457.
If
the court makes any of the findings described under section 3109.0456
of the Revised Code, the court may impose restrictions on a parent or
legal custodian, including the following:
(A)
Ordering decision-making authority to one parent or legal custodian;
(B)
Restricting parenting time;
(C)
Prohibiting overnight parenting time;
(D)
Ordering the exchange of a child to occur with a neutral party or in
a protected setting;
(E)
Ordering supervised parenting time;
(F)
Ordering payment of any costs associated with parenting time;
(G)
Ordering the perpetrator of domestic violence, child abuse, or child
neglect to attend and complete, to the satisfaction of the court, a
program of intervention for perpetrators of domestic violence, child
abuse, or child neglect or other counseling as a condition of contact
or parenting time;
(H)
Ordering abstention from possession or consumption of alcohol,
controlled substances, or illegal substances;
(I)
Requiring a bond;
(J)
Prohibiting all contact or parenting time with a child, if the court
finds other restrictions on parenting time will not adequately
protect a child, parent, or legal custodian who is a victim of
domestic violence from an unreasonable risk of harm or abuse;
(K)
Imposing any other condition to provide for the safety of a child,
parent, or legal custodian who is a victim of domestic violence.
Sec.
3109.0458.
The
court may approve or issue a parenting plan without any restrictions
only if it determines, with specific written findings of fact
supporting its determination, that the parenting plan is in the best
interest of a child and the court provides protections that
adequately protect the safety and well-being of the child, if any of
the following apply:
(A)
A parent, legal custodian, or member of the family or household has
been convicted of or pleaded guilty to a violation of section 2919.25
of the Revised Code or a sexually oriented offense involving a victim
who at the time of the commission of the offense was a member of the
family or household that is the subject of the proceeding;
(B)
A parent, legal custodian, or member of the family or household 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;
(C)
A parent, legal custodian, or member of the family or household has
committed acts that resulted in a child being adjudicated an abused
or neglected child, or previously has been convicted of or pleaded
guilty to any criminal offense involving any act that resulted in a
child being an abused or neglected child, or there is reason to
believe that a parent or legal custodian has acted in a manner
resulting in a child being an abused or neglected child.
Sec.
3109.0459.
The
court shall approve or designate a supervisor of parenting time or of
companionship or visitation. The supervisor shall adhere strictly to
the terms ordered by the court and be willing and able to protect a
child from harm. The court shall revoke approval of the supervisor on
a finding that the supervisor failed to protect the child, is not
able to adhere to the terms ordered by the court, or is no longer
willing or able to protect the child.
Sec.
3109.0461.
In
any proceeding pertaining to the allocation of parenting
responsibilities, the court may, or shall if otherwise required by
law, appoint a guardian ad litem for the child.
Sec.
3109.0462.
A
guardian ad litem appointed under section 3109.0461 of the Revised
Code serves the best interest of a child and owes a duty of candor to
the court.
Sec.
3109.0463.
The
guardian ad litem for a child appointed under section 3109.0461 of
the Revised Code shall be served with all pleadings and given notice
of all hearings and other proceedings in the same manner as service
is made, or notice is given, to the parties to the action.
Sec.
3109.0465.
In
any proceeding pertaining to the allocation of parenting
responsibilities, the court may appoint, at its discretion, an
attorney for a child.
Sec.
3109.0466.
An
attorney appointment under section 3109.0465 of the Revised Code
shall include all of the following:
(A)
The rate, amount, and method of payment for compensation to the
attorney and the determination of the ability of any party to pay the
attorney's fees and costs;
(B)
The allocation of fees payable by each party and any other source of
compensation to the attorney;
(C)
Any reimbursement of fees and costs to be made between the parties or
to any other source;
(D)
The terms and amount of any installment payments;
(E)
A statement that the court may modify the allocation of fees and
costs.
Sec.
3109.0467.
An
attorney for a child appointed under section 3109.0465 of the Revised
Code shall be served with all pleadings and given notice of all
hearings and other proceedings in the same manner as service is made,
or notice is given, to the parties to the action.
Sec.
3109.0468.
In
any proceeding pertaining to the allocation of parenting
responsibilities, an attorney serving as a child's guardian ad litem
shall not serve as the child's attorney, unless otherwise permitted
by the rules of the supreme court of Ohio.
Sec.
3109.0470.
A
relocation of a party's or child's residence occurs when there is a
change of address.
Sec.
3109.0471.
(A)
A relocating party shall file a notice of intent to relocate with the
clerk of the court where the order or decree was issued.
(B)
The clerk shall send a copy of the notice to the last known address
of any nonrelocating party.
Sec.
3109.0472.
A
notice of intent to relocate under section 3109.0471 of the Revised
Code shall be filed not later than sixty days prior to the date of
the intended relocation or not later than ten days after the
relocating party knew of the intended relocation if the relocating
party cannot satisfy the sixty-day requirement, absent exigent
circumstances.
Sec.
3109.0473.
A
notice of intent to relocate shall contain all of the following:
(A)
Updated residential address;
(B)
Updated mailing address;
(C)
Updated telephone number;
(D)
Updated email address;
(E)
Date of relocation;
(F)
Notice to the nonrelocating party that any objection to the
relocation must be filed not later than thirty days after receipt of
the notice of intent to relocate.
Sec.
3109.0474.
If
the court has not already made a prior finding, or upon the filing of
a motion and a finding by the court that the health, safety, and
welfare or liberty of a person, including a child, would be
reasonably put at risk by the relocating party filing a notice of
intent to relocate under section 3109.0471 of the Revised Code, the
court may do any of the following:
(A)
Order that the intent to relocate not be disclosed;
(B)
Waive the notice requirement to the extent necessary to protect the
confidentiality and the health, safety, and welfare of the child or
parent;
(C)
Consider any other remedy deemed necessary to facilitate the
legitimate needs of the parties and protect the best interest of the
child;
(D)
If appropriate, conduct an ex parte hearing. If the court issues an
ex parte order, the court shall schedule a full hearing and give the
parties notice of the date, time, and location of the hearing.
Sec.
3109.0475.
(A)
If a party fails, without good cause, to file a notice of intent to
relocate pursuant to section 3109.0471 of the Revised Code, the court
may consider the failure as follows:
(1)
As a factor in making its determination regarding the relocation;
(2)
As a factor in determining a modification of the parenting plan;
(3)
As a basis for ordering the return of the child if the relocation has
taken place without notice;
(4)
As a basis for awarding attorney fees and expenses;
(5)
As a factor in a finding of contempt.
(B)
When making considerations under division (A) of this section, the
court shall not consider that the child has been integrated in the
new surroundings, unless there is good cause shown.
Sec.
3109.0476.
A
nonrelocating party may file a motion objecting to the relocation and
seek an order restricting the relocation when the relocation would
render any portion of the parenting plan impracticable or not in the
child's best interest or violate restrictions in the plan.
Sec.
3109.0477.
A
motion under section 3109.0476 of the Revised Code shall be filed not
later than thirty days after the receipt of the notice of intent to
relocate, or the objection shall be waived.
Sec.
3109.0478.
If
a motion objecting to a relocation is filed, the court shall conduct
a hearing. All matters relating to the relocation objection
proceedings shall be given priority scheduling.
Sec.
3109.0479.
In
reaching a decision on a proposed temporary or permanent relocation,
and in addition to the best interest factors in section 3109.0430 of
the Revised Code, the court shall consider all of the following
factors to foster a continuing meaningful relationship between the
child and the nonrelocating party:
(A)
The reason presented for seeking or opposing the relocation;
(B)
The realistic ability to preserve the relationship between the child
and the nonrelocating party through any proposed new arrangements
that consider the logistics and costs of contact, access, and
parenting time;
(C)
The effect the relocation will have on the child's relationship with
extended family;
(D)
The enhancement of the quality of life for the child and the
relocating party that the relocation may afford;
(E)
Whether a parent is subject to the restrictions under sections
3109.0455 to 3109.0458 of the Revised Code;
(F)
The child's stability;
(G)
Any other factor the court determines relevant.
Sec.
3109.0482.
As
used in sections 3109.0482 to 3109.0492 of the Revised Code:
(A)
"Active military service" means service by a member of the
uniformed services in compliance with military orders to report for
combat operations, contingency operations, peacekeeping operations, a
remote tour of duty, or other active service for which the member is
required to report unaccompanied by any family member, including any
period of illness, recovery from injury, leave, or other lawful
absence during that operation, duty, or service.
(B)
"Uniformed services" means the United States armed forces,
the army national guard, and the air national guard or any reserve
component thereof, or the commissioned corps of the United States
public health service.
Sec.
3109.0483.
Upon
receipt of an order for active military service, a party subject to
an order allocating parenting responsibilities shall notify any other
party of the order for active military service not later than three
days after receiving the military service order.
Sec.
3109.0484.
On
receipt of a notice described under section 3109.0483 of the Revised
Code, any party may apply to the court for a hearing to expedite an
allocation or modification proceeding so that the court can issue an
order regarding parenting responsibilities before any other party's
active military service begins. The application shall include the
date on which the active military service begins.
Sec.
3109.0485.
The
court shall schedule a hearing on receipt of an application under
section 3109.0484 of the Revised Code and hold the hearing not later
than thirty days after receipt of the application, except that the
court shall give the case calendar priority and handle the case
expeditiously if exigent circumstances exist.
Sec.
3109.0486.
The
court shall not find past, present, or possible future active
military service to constitute a change in circumstances justifying
modification of a prior decree pursuant to section 3109.0418 or
3109.0419 of the Revised Code.
Sec.
3109.0487.
(A)
Nothing in sections 3109.0483 to 3109.0490 of the Revised Code shall
prevent a court from issuing a temporary order allocating or
modifying parenting responsibilities in a parenting plan for the
duration of the party's active military service that is in the best
interest of the child.
(B)
A temporary order may do any of the following, with regard to
parenting time under the parenting plan:
(1)
Delegate all or part of the party's parenting time with the child to
a relative or another person who has a close and substantial
relationship with the child;
(2)
Require any other party to make the child reasonably available for
parenting time with the party when on leave from active military
service;
(3)
Require any other party to facilitate contact, including telephone
and electronic contact, between the party and the child while the
party is on active military service.
(C)
A temporary order shall specify whether the party's active military
service is the basis of the order and shall provide for termination
of the temporary order and resumption of the prior order not later
than ten days after the date that the active military service ends,
unless any other party demonstrates that resumption of the prior
order is not in the child's best interest.
Sec.
3109.0488.
At
the request of a party who is ordered for active military service and
who is subject to a proceeding pertaining to a temporary order for
the allocation or modification of parenting responsibilities, the
court shall permit the party to participate in the proceeding and
present evidence by electronic means, including communication by
telephone, video, or internet, to the extent permitted by the rules
of the supreme court of Ohio.
Sec.
3109.0489.
A
party who is ordered for active military service and who is subject
to a proceeding pertaining to the allocation or modification of
parenting responsibilities shall provide written notice to the court,
child support enforcement agency, and any other party of the date of
termination of the party's active military service not later than
thirty days after the date on which the service ends.
Sec.
3109.0490.
An
order delegating all or part of the party's parenting time under a
parenting plan pursuant to division (B)(1) of section 3109.0487 of
the Revised Code does not create standing on behalf of the person to
whom parenting time is delegated to assert companionship or
visitation independent of the order.
Sec.
3109.0491.
(A)
A party may file a motion alleging interference with parenting time
or companionship or visitation.
(B)
A motion under division (A) of this section shall include all of the
following:
(1)
The date that the court awarded the parenting time or companionship
or visitation;
(2)
A description of the parenting time or companionship or visitation
that was awarded;
(3)
The dates when interference led to the loss of parenting time or
companionship or visitation and the amount of time lost;
(4)
A description of any efforts made to exercise parenting time or
companionship or visitation;
(5)
Any relief requested.
(C)
Upon the filing of a motion under this section, the court shall hold
an initial hearing not later than twenty-eight days after service
unless for good cause shown.
Sec.
3109.0492.
Any
time prior to ruling upon a motion alleging interference with
parenting time or companionship or visitation, the court may issue
temporary orders necessary to protect the relationship between parent
or legal custodian and child.
Sec.
3109.0493.
After
a hearing under section 3109.0491 of the Revised Code, and upon a
finding there has been unreasonable interference with parenting time
or companionship or visitation, the court may issue any of the
following:
(A)
A modified parenting plan or amended order to prevent future
interference with parenting time or companionship or visitation in
the best interest of a child;
(B)
An order for compensatory parenting time or companionship or
visitation;
(C)
An order for supervised parenting time or companionship or visitation
or exchanges;
(D)
An order to require a parent, legal custodian, or the child to attend
counseling, education, or coaching;
(E)
An order to post bond, either in cash or with sufficient sureties,
conditioned upon compliance with the order granting parenting time or
companionship or visitation;
(F)
An award of reasonable costs and fees for legal counsel and
litigation, mediation, counseling, parent and child education,
supervised parenting time, or companionship or visitation or
exchange, and court costs;
(G)
Any other remedy that the court considers appropriate.
Sec.
3109.043
3109.0497
.
In
any proceeding pertaining to the allocation of parental rights and
responsibilities for the care of a child, when requested in the
complaint, answer, or counterclaim, or by motion served with the
pleading, upon satisfactory proof by affidavit duly filed with the
clerk of the court, the court, without oral hearing and for good
cause shown, may make a temporary order regarding the allocation of
parental rights and responsibilities for the care of the child while
the action is pending.
If
a parent and child relationship has not already been established
pursuant to section 3111.02 of the Revised Code, the court may take
into consideration when determining whether to
award
parenting time, visitation rights, or
allocate
temporary
custody
parenting
responsibilities
to
a
putative
father that the putative father is named on the birth record of the
child, the child has the putative father's surname, or
person
seeking to establish a parent and child relationship the existence of
a
clear pattern of a parent and child relationship between the child
and the
putative
father exists
person
.
Sec.
3109.0498.
(A)
Parties to any decree that allocates parental rights and
responsibilities issued pursuant to section 3109.04 of the Revised
Code as it existed prior to the effective date of this section, may
file a motion with the court that issued the decree requesting the
approval of a parenting plan to be incorporated into a decree in
accordance with sections 3109.04 to 3109.0498 of the Revised Code.
(B)
A decree that allocates parental rights and responsibilities issued
under section 3109.04 of the Revised Code as that section existed
prior to the effective date of this section, shall not be affected or
invalidated by, and shall not be construed as being affected or
invalidated by, the provisions of sections 3109.04 to 3109.0497 of
the Revised Code relative to the allocation of parenting
responsibilities under a parenting plan on and after the effective
date of this section. The decree issued prior to the effective date
of this section shall remain in full force and effect, subject to
modification or termination pursuant to sections 3109.0418 to
3109.0420 of the Revised Code on and after the effective date of this
section.
(C)
With regard to a decree allocating parental rights and
responsibilities issued under section 3109.04 of the Revised Code as
that section existed prior to the effective date of this section:
(1)
Unless the context clearly requires otherwise, if the order provides
for shared parenting of a child, both parents have "custody of
the child," "care, custody, and control of the child,"
and the same parenting responsibilities for the child under the order
to the extent and in the manner specified in the order;
(2)
Unless the context clearly requires otherwise and except as otherwise
provided in the order, if the order provides for shared parenting for
a child, each parent, regardless of where the child is physically
located or with whom the child is residing at a particular point in
time, as specified in the order, is the "designated parent and
legal custodian" of the child.
Sec.
3109.05.
(A)(1)
In a
divorce,
dissolution of marriage, legal separation,
proceeding
pertaining to the allocation of parenting responsibilities
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
a
parenting plan pursuant to sections 3109.041 to 3109.044
or
3109.12 of the Revised Code or companionship or visitation granted in
an order issued under this section, section
3109.051
3109.054
,
3109.11, 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.
3109.052.
(A)
If a proceeding
for
divorce, dissolution, legal separation, annulment, or
pertaining
to
the
allocation of parental rights and
parenting
responsibilities
for
the care of a child
involves
one or more children, if the
parents
of the children
parties
do
not agree upon an appropriate allocation of parental rights and
parenting
responsibilities
for
the care of their children
or
do not agree upon a specific schedule of parenting time for their
children, the court may order the
parents
parties
to
mediate
their differences on those matters
attempt
to resolve their differences on those matters
in
accordance with
mediation
procedures
dispute
resolution processes
adopted
by the court by local rule. When the court determines whether
mediation
dispute
resolution
is
appropriate in any proceeding, it shall consider
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 proceeding, whether
either parent previously has been convicted of or pleaded guilty to
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 proceeding and caused physical harm to the victim in
the commission of the offense, and whether either parent 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 either 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, the court may
order mediation only if the court determines that it is in the best
interests of the parties to order mediation and makes specific
written findings of fact to support its determination
any
allegations of domestic violence relating to any of the parties
.
If
a court issues an order pursuant to this division requiring
mediation, it also may order the parents to file a mediation report
within a specified period of time and order the parents to pay the
cost of mediation, unless either or both of the parents file a motion
requesting that the court waive that requirement. Upon the filing of
a motion requesting the waiver of that requirement, the court, for
good cause shown, may waive the requirement that either or both
parents pay the cost of mediation or may require one of the parents
to pay the entire cost of mediation. Any mediation procedures adopted
by local court rule for use under this division shall include, but
are not limited to, provisions establishing qualifications for
mediators who may be employed or used and provisions establishing
standards for the conduct of the mediation.
(B)
If
a mediation order is issued under division (A) of this section and
the order requires the parents to file a mediation report, the
mediator and each parent who takes part in mediation in accordance
with the order jointly shall file a report of the results of the
mediation process with the court that issued the order under that
division. A mediation report shall indicate only whether agreement
has been reached on any of the issues that were the subject of the
mediation, and, if agreement has been reached, the content and
details of the agreement. No mediation report shall contain any
background information concerning the mediation process or any
information discussed or presented in the process. The court shall
consider the mediation report when it allocates parental rights and
responsibilities for the care of children under section 3109.04 of
the Revised Code and when it establishes a specific schedule of
parenting time under section 3109.051 of the Revised Code. The court
is not bound by the mediation report and shall consider the best
interest of the children when making that allocation or establishing
the parenting time schedule.
(C)
If
Pursuant
to the uniform mediation act in Chapter 2710. of the Revised Code, if
a
mediation order is issued under division (A) of this section, the
mediator shall not be made a party to, and shall not be called as a
witness or testify in, any action or proceeding, other than a
criminal, delinquency, child abuse, child neglect, or dependent child
action or proceeding, that is brought by or against either parent and
that pertains to the mediation process, to any information discussed
or presented in the mediation process, to the allocation of parental
rights and
parenting
responsibilities
for the care of the parents' children
,
or
to
including
the
awarding of parenting time
rights
in
relation to their children
under a parenting plan
.
The mediator shall not be made a party to, or be called as a witness
or testify in, such an action or proceeding even if both parents give
their prior consent to the mediator being made a party to or being
called as a witness or to testify in the action or proceeding.
(D)
Division (A) of this section does not apply to either of the
following:
(1)
Any proceeding, or the use of mediation in any proceeding that is not
a proceeding for divorce, dissolution, legal separation, annulment,
or the allocation of parental rights and responsibilities for the
care of a child;
(2)
The use of mediation in any proceeding for divorce, dissolution,
legal separation, annulment, or the allocation of parental rights and
responsibilities for the care of a child, in relation to issues other
than the appropriate allocation of parental rights and
responsibilities for the care of the parents' children and other than
a specific parenting time schedule for the parents' children.
Sec.
3109.054.
In
a proceeding pertaining to the allocation of parenting
responsibilities or a child support proceeding that involves a child,
the court may grant reasonable companionship or visitation to a party
who is a relative, person who has served as a kinship caregiver, or
any other person related to the child by consanguinity or affinity,
other than a parent, if all of the following apply:
(A)
The relative, person who has served as a kinship caregiver, or other
person files a motion with the court seeking companionship or
visitation.
(B)
The court determines that the relative, person who has served as a
kinship caregiver, or other person has an interest in the welfare of
the child.
(C)
The court, after giving special weight to the parents' wishes
regarding the child, determines that the granting of the
companionship or visitation is in the best interest of the child.
Sec.
3109.055.
A
motion for companionship or visitation may be filed during the
pendency of the proceeding that pertains to the allocation of
parenting responsibilities 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.
Sec.
3109.056.
When
determining whether to grant companionship or visitation to a
relative, person who has served as a kinship caregiver, or other
person pursuant to section 3109.054, 3109.11, or 3109.12 of the
Revised Code, when establishing a specific visitation schedule, and
when determining other visitation matters under section 3109.054,
3109.11, or 3109.12 of the Revised Code, the court shall consider any
resulting report from a dispute resolution process that the court
ordered pursuant to section 3109.052 of the Revised Code and shall
consider all other relevant factors, including all of the factors
listed in section 3109.057 of the Revised Code.
Sec.
3109.057.
The
court shall consider all of the following factors when determining
whether to grant companionship or visitation to a relative, person
who has served as a kinship caregiver, or any other person pursuant
to section 3109.054, 3109.11, or 3109.12 of the Revised Code:
(A)
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;
(B)
The geographical location of residence of the person requesting
companionship or visitation and the distance between that person's
residence and the child's residence;
(C)
Available time of the child and the person who requested
companionship or visitation, including the person's employment
schedule, the child's school schedule, and the child's and person's
holiday and vacation schedule;
(D)
The age of the child;
(E)
The child's adjustment to home, school, and community;
(F)
If the court has interviewed the child in chambers, pursuant to
section 3109.058 of the Revised Code, regarding the wishes and
concerns of the child as to companionship or visitation, a specific
visitation schedule, or other visitation matters, the wishes and
concerns of the child, as expressed to the court;
(G)
The health and safety of the child;
(H)
The amount of time that will be available for the child to spend with
siblings;
(I)
The mental and physical health of all parties;
(J)
The willingness of the person requesting companionship or visitation
to reschedule missed visitation;
(K)
Whether the person requesting companionship or visitation 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; 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;
(L)
The wishes and concerns of the child's parents or legal custodian, as
expressed by them to the court;
(M)
Any other factor in the best interest of the child.
Sec.
3109.058.
(A)
In considering the factors listed in section 3109.057 of the Revised
Code, the court may interview in chambers any or all involved
children on their wishes and concerns regarding companionship or
visitation matters.
(B)
If the court interviews any child concerning the child's wishes and
concerns, the interview shall be conducted in chambers or another
location designated by the court.
(C)
Before conducting or completing an interview under this section, the
court shall determine both of the following:
(1)
That the child has sufficient reasoning ability;
(2)
That there are no special circumstances that would indicate the
interview would not be in the best interest of the child.
Sec.
3109.059.
(A)
The child, attorney for the child, if any, and any court personnel
deemed necessary by the court shall be present at an interview under
section 3109.058 of the Revised Code.
(B)
The court may have the child's guardian ad litem present during the
interview.
(C)
If the court interviews a child, it shall permit a person seeking
companionship or visitation to submit written questions to the court
that the court may use during the interview.
(D)
If the court interviews a child, it shall record the interview. Only
the court and appellate courts shall have access to the record of the
interview.
Sec.
3109.0510.
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 companionship or visitation matters. The court
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 matters.
Sec.
3109.0511.
The
remarriage of a parent of a child does not affect the authority of a
court to grant reasonable companionship or visitation with respect to
the child to any relative, person who has served as a kinship
caregiver, or any other person.
Sec.
3109.0512.
If
the court denies a motion for reasonable companionship or visitation,
the court shall state in writing its findings of fact and conclusions
of law in accordance with Civil Rule 52 upon written request by a
party.
Sec.
3109.051
3109.0515
.
(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 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 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 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 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 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 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 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 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 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 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
sections
3109.0516 to 3109.0529 of the Revised Code
:
(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)
(A)
"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)
(B)
"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)
(1)
Records
maintained by public and nonpublic schools;
(b)
(2)
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)
(3)
Records
maintained by hospitals, other facilities, or persons providing
medical or surgical care or treatment for the child;
(d)
(4)
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.
3109.0516.
Subject
to section 3125.16 and division (F) of section 3319.321 of the
Revised Code, a parent or legal custodian of a child is entitled to
access to any record that is related to the child, unless the court
determines that it would not be in the best interest of the child for
the parent or legal custodian to have access to the records.
Sec.
3109.0517.
If
the court determines that a parent or legal custodian of a child
should not have access to records related to the child, the court
shall do the following:
(A)
Specify the terms, conditions, and limitations under which the parent
or legal custodian is to have access to those records;
(B)
Enter its written findings of facts and conclusions of law in the
journal;
(C)
Issue an order containing both of the following:
(1)
The terms, conditions, and limitations on the parent or legal
custodian;
(2)
A notice that any keeper of a record who knowingly fails to comply
with the order or section 3109.0516 of the Revised Code may be found
in contempt of court.
Sec.
3109.0518.
(A)
Subject to section 3125.16 and division (F) of section 3319.321 of
the Revised Code, after the issuance of an order under section
3109.0517 of the Revised Code, the keeper of any record regarding a
particular child and to which a parent or legal custodian legally is
provided access shall permit the parent or legal custodian of the
child to have access to the record, unless a parent or legal
custodian has presented the keeper of the record with a copy of an
order issued under section 3109.0517 of the Revised Code that
specifies the terms, conditions, and limitations under which a parent
or legal custodian may have access to records pertaining to the child
and the order pertains to the record in question.
(B)
The keeper of the record shall permit the parent or legal custodian
to have access to the record only in accordance with the most recent
order that has been issued pursuant to section 3109.0517 of the
Revised Code and presented to the keeper by the parent or legal
custodian.
(C)
Any keeper of any record who knowingly fails to comply with section
3109.0516 of the Revised Code or with any order issued pursuant to
section 3109.0517 of the Revised Code may be found in contempt of
court.
Sec.
3109.0519.
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 sections
3109.0516 to 3109.0518 of the Revised Code 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.
Sec.
3109.0521.
Subject
to section 5104.039 of the Revised Code, a parent or legal custodian
who has been allocated parenting responsibilities is 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 child, unless the court determines that it is not in the
child's best interest for a parent or legal custodian to have access
to the center.
Sec.
3109.0522.
If
the court determines that the parent or legal custodian should not
have access to a child care center, the court shall do the following:
(A)
Specify the terms, conditions, or limitations under which the parent
or legal custodian is to have access to the center;
(B)
Enter its written findings of fact and conclusions of law in the
journal;
(C)
Issue an order containing both of the following:
(1)
The terms, conditions, or limitations of access to the parent or
legal custodian;
(2)
A notice that any child care center official or employee who
knowingly fails to comply with the order or section 3109.0521 of the
Revised Code may be found in contempt of court.
Sec.
3109.0523.
All
child care center officials and employees shall permit a parent or
legal custodian who has been allocated parenting responsibilities to
have access to any child care center that is, or that in the future
may be, attended by the child, unless presented with a copy of an
order issued under section 3109.0522 of the Revised Code that
specifies the terms, conditions, or limitations under which a parent
or legal custodian may access the child care center. The child care
center official or employee shall permit a parent or legal custodian
to have access to the center only in accordance with the most recent
order issued and presented.
Sec.
3109.0524.
Any
child care center official or employee who knowingly fails to comply
with section 3109.0521 of the Revised Code or with any order issued
pursuant to section 3109.0522 of the Revised Code may be found in
contempt of court.
Sec.
3109.0526.
Subject
to division (F) of section 3319.321 of the Revised Code, when a court
issues an order or decree allocating parenting responsibilities, the
parents or legal custodian of the child are entitled to access to any
student activity that is related to the child, unless the court
determines that it would not be in the best interest of the child to
grant the parent or legal custodian access to the student activities.
Sec.
3109.0527.
If
the court determines that a parent or legal custodian should not have
access to any student activity, the court shall do the following:
(A)
Specify the terms, conditions, or limitations under which the parent
or legal custodian is to have access to those student activities;
(B)
Enter its written findings of facts and conclusions of law in the
journal;
(C)
Issue an order containing both of the following:
(1)
The terms, conditions, or limitations to both the parents and legal
custodian;
(2)
A notice that any school official or employee who knowingly fails to
comply with the order or section 3109.0526 of the Revised Code may be
found in contempt of court.
Sec.
3109.0528.
Subject
to division (F) of section 3319.321 of the Revised Code, subsequent
to the issuance of an order under section 3109.0527 of the Revised
Code, all school officials and employees, the board of education of a
school, or the governing body of a chartered nonpublic school shall
permit the parent or legal custodian to have access to any student
activity, unless the designated parent or legal custodian 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 section 3109.0527 of the Revised
Code that specifies the terms, conditions, or limitations under which
the parent or legal custodian is to have access to student activities
related to the child and the order pertains to the student activity
in question.
The
school official or employee, the board of education of the school, or
the governing body of the chartered nonpublic school that is
presented with a copy of that type of order shall permit the parent
or legal custodian to have access to the student activity only in
accordance with the most recent order that has been issued pursuant
to section 3109.0527 of the Revised Code and presented to the school
official or employee, the board of education of the school, or the
governing body of the chartered nonpublic school.
Sec.
3109.0529.
Any
school official or employee who knowingly fails to comply with
section 3109.0526 of the Revised Code or with any order issued
pursuant to section 3109.0527 of the Revised Code may be found in
contempt of court.
Sec.
3109.054
3109.0550
.
When
allocating parental rights and
parenting
responsibilities
or
parenting time
under
a parenting plan
,
no court shall deny or limit a parent's parental rights and
parenting
responsibilities
or
parenting time
based
on the parent's decision to do any of the following:
(A)
Refer to and raise the child in a manner consistent with the child's
biological sex;
(B)
Decline to consent to the child receiving gender transition services
as defined in section 3129.01 of the Revised Code;
(C)
Decline to consent to the child receiving counseling or other mental
health services for the purpose of affirming the child's perception
of the child's gender or sex, if the child's perception is
inconsistent with the child's biological sex.
Sec.
3109.055
3109.0570
.
(A)
If a child is born to an unmarried woman and the father of the child
has acknowledged the child and that acknowledgment has become final
pursuant to section 2151.232, 3111.25, or 3111.821 of the Revised
Code or has been determined in an action under Chapter 3111. of the
Revised Code to be the father of the child, the court, upon its own
motion or the motion of one of the parties, may order the parents to
undergo conciliation with a magistrate in order to resolve any
disputes regarding the allocation of parental rights and
parenting
responsibilities
between the parents in a case pending before the court. An order
requiring conciliation shall set forth the
the
name
of the magistrate who will serve as the conciliator and the manner in
which the costs of any conciliation procedures are to be paid.
(B)
A magistrate who serves as a conciliator shall use conciliation
procedures to resolve a dispute regarding the allocation of parental
rights and
parenting
responsibilities
and, upon resolution of the dispute, issue an order regarding the
allocation of parental rights and
parenting
responsibilities
under a parenting plan
,
parenting time,
or companionship or visitation pursuant to section 2151.23,
sections
3109.04
to 3109.0498
,
or
section
3109.12
of the Revised Code. The conciliation procedures may include without
limitation the use of family counselors and service agencies,
community health services, physicians, licensed psychologists, or
clergy. If the magistrate orders the parties to undergo family
counseling, the magistrate shall name the counselor and set forth the
required type of counseling, the length of time for the counseling,
and any other specific conditions. No order regarding the allocation
of parental rights and
parenting
responsibilities
,
parenting time,
or companionship or visitation shall be issued until the conciliation
has concluded and been reported to the magistrate.
Sec.
3109.06.
Except
as provided in division (K) of section 2301.03 of the Revised Code,
any court, other than a juvenile court, that has jurisdiction in any
case respecting the allocation of parental rights and
parenting
responsibilities
for
the care of a child under eighteen years of age
and
the designation of the child's place of residence and legal custodian
or in any case respecting the support of a child under eighteen years
of age, may, on its own motion or on motion of any interested party,
certify the record in the case or so much of the record and such
further information, in narrative form or otherwise, as the court
deems necessary or the juvenile court requests, to the juvenile court
for further proceedings; upon the certification, the juvenile court
shall have exclusive jurisdiction.
In
cases in which the court of common pleas finds the parents
or
legal custodian
unsuitable
to have
the
parental rights and
parenting
responsibilities
for
the care of the child or children
and
unsuitable to provide the place of residence and to be the legal
custodian of the child or children, consent of the juvenile court
shall not be required to such certification. This section applies to
actions pending on August 28, 1951.
In
any case in which a court of common pleas, or other court having
jurisdiction, has issued an order that allocates parental rights and
parenting
responsibilities
for
the care of minor children
and
designates their place of residence and legal custodian of minor
children, has made an order for support of minor children, or has
done both, the jurisdiction of the court shall not abate upon the
death of the person awarded custody but shall continue for all
purposes during the minority of the children. The court, upon its own
motion or the motion of either parent or of any interested person
acting on behalf of the children, may proceed to make further
disposition of the case in the best interests of the children and
subject to sections 3109.42 to 3109.48 of the Revised Code. If the
children are under eighteen years of age, it may certify them,
pursuant to this section, to the juvenile court of any county for
further proceedings. After certification to a juvenile court, the
jurisdiction of the court of common pleas, or other court, shall
cease, except as to any payments of spousal support due for the
spouse and support payments due and unpaid for the children at the
time of the certification.
Any
disposition made pursuant to this section, whether by a juvenile
court after a case is certified to it, or by any court upon the death
of a person awarded custody of a child, shall be made in accordance
with sections 3109.04
to
3109.0498
and
3109.42 to 3109.48 of the Revised Code. If an appeal is taken from a
decision made pursuant to this section that allocates parental rights
and
parenting
responsibilities
for
the care of a minor child
and
designates the child's place of residence and legal custodian, the
court of appeals shall give the case calendar priority and handle it
expeditiously.
Sec.
3109.061.
Nothing
in sections 2151.233 to 2151.236 and 2301.03 of the Revised Code
shall be construed to prevent a domestic relations court from
certifying a case to a juvenile court under
division
(D)(2) of
section
3109.04
3109.0414
of
the Revised Code or section 3109.06 of the Revised Code. Consent of
the juvenile court shall not be required for the certification.
As
used in this section, "domestic relations court" has the
same meaning as in section 2151.233 of the Revised Code.
Sec.
3109.09.
(A)
As used in this section, "parent" means one of the
following:
(1)
Both parents unless division (A)(2) or (3) of this section applies;
(2)
The
designated
parent
designated the residential parent
and legal custodian pursuant to an order issued under section
3109.04
3109.041
of
the Revised Code
that is not a shared parenting order
;
(3)
The
custodial
parent
of a child born out of wedlock
who is the child's sole designated parent and legal custodian
with respect to whom no
custody
order
allocating
parenting responsibilities
has
been issued.
(B)
Any owner of property, including any board of education of a city,
local, exempted village, or joint vocational school district, may
maintain a civil action to recover compensatory damages not exceeding
ten thousand dollars and court costs from the parent of a minor if
the minor willfully damages property belonging to the owner or
commits acts cognizable as a "theft offense," as defined in
section 2913.01 of the Revised Code, involving the property of the
owner. The action may be joined with an action under Chapter 2737. of
the Revised Code against the minor, or the minor and the minor's
parent, to recover the property regardless of value, but any
additional damages recovered from the parent pursuant to this section
shall be limited to compensatory damages not exceeding ten thousand
dollars, as authorized by this section. A finding of willful
destruction of property or of committing acts cognizable as a theft
offense is not dependent upon a prior finding that the child is a
delinquent child or upon the child's conviction of any criminal
offense.
(C)(1)
If a court renders a judgment in favor of a board of education of a
city, local, exempted village, or joint vocational school district in
an action brought pursuant to division (B) of this section, if the
board of education agrees to the parent's performance of community
service in lieu of full payment of the judgment, and if the parent
who is responsible for the payment of the judgment agrees to
voluntarily participate in the performance of community service in
lieu of full payment of the judgment, the court may order the parent
to perform community service in lieu of providing full payment of the
judgment.
(2)
If a court, pursuant to division (C)(1) of this section, orders a
parent to perform community service in lieu of providing full payment
of a judgment, the court shall specify in its order the amount of the
judgment, if any, to be paid by the parent, the type and number of
hours of community service to be performed by the parent, and any
other conditions necessary to carry out the order.
(D)
This section shall not apply to a parent of a minor if the minor was
married at the time of the commission of the acts or violations that
would otherwise give rise to a civil action commenced under this
section.
(E)
Any action brought pursuant to this section shall be commenced and
heard as in other civil actions.
(F)
The monetary limitation upon compensatory damages set forth in this
section does not apply to a civil action brought pursuant to section
2307.70 of the Revised Code.
Sec.
3109.11.
If
either the father or mother of an unmarried minor child is deceased,
the court of common pleas of the county in which the minor child
resides may grant the parents and other relatives of the deceased
father or mother reasonable companionship or visitation
rights
with
respect to the minor child during the child's minority if the parent
or other relative files a complaint requesting reasonable
companionship or visitation
rights
and
if the court determines that the granting of the companionship or
visitation
rights
is
in the best interest of the minor child. In determining whether to
grant any person reasonable companionship or visitation
rights
with
respect to any child, the court shall consider all relevant factors,
including, but not limited to, the factors set forth in
division
(D) of
section
3109.051
3109.057
of
the Revised Code.
Divisions
(C), (K), and (L) of section 3109.051
Sections
3109.056 and 3109.058 to 3109.0510
of
the Revised Code apply to the determination of reasonable
companionship or visitation
rights
under
this section and to any order granting any
such
rights
companionship
or visitation
that
is issued under this section.
The
remarriage of the surviving parent of the child or the adoption of
the child by the spouse of the surviving parent of the child does not
affect the authority of the court under this section to grant
reasonable companionship or visitation
rights
with
respect to the child to a parent or other relative of the child's
deceased father or mother.
If
the court denies a request for reasonable companionship or visitation
rights
made
pursuant to this section and the complainant 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.
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.
Sec.
3109.12.
(A)
(A)(1)
If a child is born to an unmarried woman, the parents of the woman
and any relative of the woman may file a complaint requesting the
court of common pleas of the county in which the child resides to
grant them reasonable companionship or visitation
rights
with
the child. If a child is born to an unmarried woman and if the father
of the child has acknowledged the child and that acknowledgment has
become final pursuant to section 2151.232, 3111.25, or 3111.821 of
the Revised Code or has been determined in an action under Chapter
3111. of the Revised Code to be the father of the child,
either
the
father
or
the mother
may
file a complaint requesting that the court of appropriate
jurisdiction of the county in which the child resides
grant
him reasonable parenting time rights with the child
allocate
parenting responsibilities pursuant to divisions (B)(1) and (2) of
this section and sections 3109.041 to 3109.0498 of the Revised Code
and
the
.
The
parents of the father and any relative of the father may file a
complaint requesting that the court grant them reasonable
companionship or visitation
rights
with
the child.
(2)
With regard to a request for parenting responsibilities under
division (A)(1) of this section, the court shall waive the initial
filing fee.
(B)
(B)(1)
The court may grant
the
parenting
time
rights
responsibilities
or
companionship or visitation
rights
requested
under division (A) of this section, if it determines that
the
granting
of
the
parenting
time
rights
responsibilities
or
companionship or visitation
rights
is
in the best interest of the child. In determining whether to
grant
parenting responsibilities or
grant
reasonable parenting time rights or reasonable
companionship
or visitation
rights
with
respect to any child, the court shall consider all relevant factors,
including, but not limited to, the factors set forth in
division
(D) of section 3109.051
sections
3109.0430 and 3109.057
of
the Revised Code.
Divisions
(C), (K), and (L) of section 3109.051
(2)(a)
Except as provided in division (B)(2)(b) of this section, the court
shall hold a hearing not later than thirty days after a complaint
under division (A)(1) of this section is filed and served.
(b)
The court is not required to hold a hearing within thirty days for
good cause shown or if both of the following are the case:
(i)
Either parent files a motion for a temporary order or the parents
file a joint parenting plan.
(ii)
The court issues a temporary order pursuant to section 3109.0422 of
the Revised Code or approves the joint parenting plan pursuant to
section 3109.046 of the Revised Code.
(3)
Sections 3109.056 and 3109.058 to 3109.0510
of
the Revised Code apply to the determination of reasonable
parenting
time rights or reasonable
companionship
or visitation
rights
under
this section and to any order granting any
such
rights
companionship
or visitation
that
is issued under this section.
(C)
The
marriage or remarriage of the mother or father of a child does not
affect the authority of the court under this section to grant the
natural father
reasonable
parenting
time
rights
responsibilities
or
the parents or relatives of the natural father or the parents or
relatives of the mother of the child reasonable companionship or
visitation
rights
with
respect to the child.
(D)
If
the court denies a request for
reasonable
parenting
time
rights
responsibilities
or
reasonable
companionship
or visitation
rights
made
pursuant to division (A) of this section and the complainant 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.
(E)
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
rights
responsibilities
or 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 parent's exercise of parenting
time rights
responsibilities
with
the child or that person's exercise of companionship or visitation
rights
with
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.
Sec.
3109.401.
(A)
The general assembly finds the following:
(1)
That the parent and child relationship is of fundamental importance
to the welfare of a child, and that the relationship between a child
and each parent should be fostered unless inconsistent with the
child's best interests;
(2)
That parents have the responsibility to make decisions and perform
other parenting functions necessary for the care and growth of their
children;
(3)
That the courts, when allocating parenting
functions
and
responsibilities
with respect to the child in a
divorce,
dissolution of marriage, legal separation, annulment, or any other
proceeding
addressing
pertaining
to
the
allocation of parental rights and
parenting
responsibilities,
must determine the child's best interests;
(4)
That the courts and parents must take into consideration the
following general principles when allocating parental rights and
parenting
responsibilities
and developing appropriate terms for parenting plans:
(a)
Children are served by a parenting arrangement that best provides for
a child's safety, emotional growth, health, stability, and physical
care.
(b)
Exposure of the child to harmful parental conflict should be
minimized as much as possible.
(c)
Whenever appropriate, parents should be encouraged to meet their
responsibilities to their children through agreements rather than by
relying on judicial intervention.
(d)
When a parenting plan provides for mutual decision-making
responsibility by the parents but they are unable to make decisions
mutually, they should make a good faith effort to utilize the
mediation process as required by the parenting plan.
(e)
In apportioning between the parents the daily physical living
arrangements of the child and the child's location during legal and
school holidays, vacations, and days of special importance, a court
should not impose any type of standard schedule unless a standard
schedule meets the needs of the child better than any proposed
alternative parenting plan.
(B)
It is, therefore, the
purpose
public
policy
of
this chapter, when it is in the child's best interest
,
to
:
(1)
To
foster
and
continue
the
relationship between the child and each parent when a court allocates
parental rights and
parenting
responsibilities
with respect to the child in a divorce, dissolution, legal
separation, annulment, or any other proceeding addressing the
allocation of parental rights and responsibilities
;
(2)
For the child's parents to have substantial, meaningful, and
developmentally appropriate parenting time with the child;
(3)
To have both parents participate in decision-making regarding the
child
.
Sec.
3109.41.
As
used in sections 3109.41 to 3109.48 of the Revised Code:
(A)
A person is "convicted of killing" if the person has been
convicted of or pleaded guilty to a violation of section 2903.01,
2903.02, or 2903.03 of the Revised Code.
(B)
"Custody order" means an order designating a person as the
residential parent and legal custodian of a child under section
3109.04
of the Revised Code, as that section existed prior to the effective
date of this amendment,
or
an order designating a person the designated parent and legal
custodian in the allocation of parenting responsibilities under
sections 3109.04 to 3109.0498
of
the Revised Code
,
or any order determining custody of a child under section 2151.23,
2151.33, 2151.353, 2151.354, 2151.415, 2151.417, 2152.16, 2152.17,
2152.19, 2152.21, or 3113.31 of the Revised Code.
(C)
"Visitation order" means an order issued under division
(B)(1)(c) of section 2151.33
or
,
under
section 2151.412
of the Revised Code
,
or under section
3109.051, 3109.12, or 3113.31 of the Revised Code
,
as those sections existed prior to the effective date of this
amendment
.
Sec.
3109.42.
Except
as provided in section 3109.47 of the Revised Code, if a parent is
convicted of killing the other parent of a child, no court shall
issue a custody order
designating
the parent as the residential parent and legal custodian of the child
or granting custody of
regarding
the
child to the parent.
Sec.
3109.43.
Except
as provided in section 3109.47 of the Revised Code, if a parent is
convicted of killing the other parent of a child, no court shall
issue
a
visitation
an
order
granting the parent
visitation
rights with
any
access to
the
child
,
including allocating parenting responsibilities
.
Sec.
3109.44.
Upon
receipt of notice that a visitation order
is
pending or
has
been issued granting a parent visitation
rights
with
a child or a custody order is pending or has been issued
designating
a parent as the residential parent and legal custodian of a child or
granting custody of
allocating
parenting responsibilities for
a
child to a parent prior to that parent being convicted of killing the
other parent of the child, the court in which the parent is convicted
of killing the other parent shall immediately notify the court that
issued the visitation or custody order of the conviction.
Sec.
3109.47.
(A)
A
court may do one of the following with
With
respect
to a parent convicted of killing the other parent of a child
,
a court may,
if the court determines, by clear and convincing evidence, that it is
in the best interest of the child and the child consents
:
(1)
Issue
,
issue
a
custody order
designating
the parent as the residential parent and legal custodian of the child
or granting custody of the child
allocating
parenting responsibilities
to
that parent
;
(2)
Issue a visitation order granting that parent visitation rights with
the child
.
(B)
When considering the ability of a child to consent and the validity
of a child's consent under this section, the court shall consider the
wishes of the child, as expressed directly by the child or through
the child's guardian ad litem, with due regard for the maturity of
the child.
Sec.
3109.48.
No
person, with the child of the parent present, shall visit the parent
who has been convicted of killing the child's other parent unless a
court has issued
an
order granting
a
custody order that allocates parenting responsibilities to
the
parent
visitation
rights
with
the child and the child's
legal
custodian
or
legal guardian
consents
to the visit.
Sec.
3109.50.
As
used in sections 3109.501 to 3109.507 of the Revised Code:
(A)
"Parental rights" means parental rights and
parenting
responsibilities,
parenting time, or any other similar right established by the laws of
this state with respect to a child. "Parental rights" does
not include the parental duty of support for a child.
(B)
"Rape" means a violation of section 2907.02 of the Revised
Code or similar law of another state.
(C)
"Sexual battery" means a violation of section 2907.03 of
the Revised Code if the sexual activity involved is sexual conduct,
or similar law of another state.
Sec.
3109.51.
As
used in sections 3109.52 to 3109.80 of the Revised Code:
(A)
"Child" means a person under eighteen years of age.
(B)
"Custodian"
means an individual with legal custody of a child.
(C)
"Guardian"
means an individual granted authority by a probate court pursuant to
Chapter 2111. of the Revised Code to exercise parental rights
over
a child
and
parenting responsibilities
to the extent provided in the court's order and subject to the
residual parental rights, privileges, and responsibilities of the
child's parents.
(D)
(C)
"Legal
custody" and "residual parental rights, privileges, and
responsibilities" have the same meanings as in section 2151.011
of the Revised Code.
Sec.
3109.52.
The
parent, guardian, or
legal
custodian
of a child may create a power of attorney that grants to a
grandparent of the child with whom the child is residing any of the
parent's, guardian's, or
legal
custodian's
rights and responsibilities regarding the care, physical custody, and
control of the child, including the ability to enroll the child in
school, to obtain from the school district educational and behavioral
information about the child, to consent to all school-related matters
regarding the child, and to consent to medical, psychological, or
dental treatment for the child. The power of attorney may not grant
authority to consent to the marriage or adoption of the child. The
power of attorney does not affect the rights of the parent, guardian,
or
legal
custodian
of the child in any future proceeding concerning custody of the child
or the allocation of parental rights and
parenting
responsibilities
for
the care of the child
and
does not grant legal custody to the attorney in fact.
Sec.
3109.53.
To
create a power of attorney under section 3109.52 of the Revised Code,
a parent, guardian, or
legal
custodian
shall use a form that is identical in form and content to the
following:
POWER
OF ATTORNEY
I,
the undersigned, residing at ___________, in the county of
__________, state of __________, hereby appoint the child's
grandparent, __________, residing at __________, in the county of
___________, in the state of Ohio, with whom the child of whom I am
the parent, guardian, or
legal
custodian
is residing, my attorney in fact to exercise any and all of my rights
and responsibilities regarding the care, physical custody, and
control of the child, __________, born __________, having social
security number (optional) __________, except my authority to consent
to marriage or adoption of the child __________, and to perform all
acts necessary in the execution of the rights and responsibilities
hereby granted, as fully as I might do if personally present. The
rights I am transferring under this power of attorney include the
ability to enroll the child in school, to obtain from the school
district educational and behavioral information about the child, to
consent to all school-related matters regarding the child, and to
consent to medical, psychological, or dental treatment for the child.
This transfer does not affect my rights in any future proceedings
concerning the custody of the child or the allocation of
the
parental
rights and
parenting
responsibilities
for
the care of the child
and
does not give the attorney in fact legal custody of the child. This
transfer does not terminate my right to have regular contact with the
child.
I
hereby certify that I am transferring the rights and responsibilities
designated in this power of attorney because one of the following
circumstances exists:
(1)
I am: (a) Seriously ill, incarcerated, or about to be incarcerated,
(b) Temporarily unable to provide financial support or parental
guidance to the child, (c) Temporarily unable to provide adequate
care and supervision of the child because of my physical or mental
condition, (d) Homeless or without a residence because the current
residence is destroyed or otherwise uninhabitable, or (e) In or about
to enter a residential treatment program for substance abuse;
(2)
I am a parent
or
legal custodian
of
the child, the child's other parent is deceased, and I have authority
to execute the power of attorney; or
(3)
I have a well-founded belief that the power of attorney is in the
child's best interest.
I
hereby certify that I am not transferring my rights and
responsibilities regarding the child for the purpose of enrolling the
child in a school or school district so that the child may
participate in the academic or interscholastic athletic programs
provided by that school or district.
If
there is a court order naming me the
residential
designated
parent
and legal custodian of the child who is the subject of this power of
attorney and I am the sole parent
or
legal custodian
signing
this document, I hereby certify that one of the following is the
case:
(1)
I have made reasonable efforts to locate and provide notice of the
creation of this power of attorney to the other parent and have been
unable to locate that parent;
(2)
The other parent is prohibited from receiving a notice of relocation;
or
(3)
The parental rights of the other parent have been terminated by order
of a juvenile court.
This
POWER OF ATTORNEY is valid until the occurrence of whichever of the
following events occurs first: (1) I revoke this POWER OF ATTORNEY in
writing and give notice of the revocation to the grandparent
designated as attorney in fact and the juvenile court with which this
POWER OF ATTORNEY was filed; (2) the child ceases to reside with the
grandparent designated as attorney in fact; (3) this POWER OF
ATTORNEY is terminated by court order; (4) the death of the child who
is the subject of the power of attorney; or (5) the death of the
grandparent designated as the attorney in fact.
WARNING:
DO NOT EXECUTE THIS POWER OF ATTORNEY IF ANY STATEMENT MADE IN THIS
INSTRUMENT IS UNTRUE. FALSIFICATION IS A CRIME UNDER SECTION 2921.13
OF THE REVISED CODE, PUNISHABLE BY THE SANCTIONS UNDER CHAPTER 2929.
OF THE REVISED CODE, INCLUDING A TERM OF IMPRISONMENT OF UP TO 6
MONTHS, A FINE OF UP TO $1,000, OR BOTH.
Witness
my hand this ______ day of _________, _____
_____________________________________
Parent/Custodian/Guardian's
Parent/Legal
Custodian/Guardian's
signature
_____________________________________
Parent's
signature
_____________________________________
Grandparent
designated as attorney in fact
State
of Ohio
)
)
ss:
County
of _______________)
Subscribed,
sworn to, and acknowledged before me this ______ day of _________,
_____________
_____________________________________
Notary
Public
Notices:
1.
A power of attorney may be executed only if one of the following
circumstances exists: (1) The parent, guardian, or
legal
custodian
of the child is: (a) Seriously ill, incarcerated, or about to be
incarcerated; (b) Temporarily unable to provide financial support or
parental guidance to the child; (c) Temporarily unable to provide
adequate care and supervision of the child because of the parent's,
guardian's, or
legal
custodian's physical or mental condition; (d) Homeless or without a
residence because the current residence is destroyed or otherwise
uninhabitable; or (e) In or about to enter a residential treatment
program for substance abuse; (2) One of the child's parents is
deceased and the other parent, with authority to do so, seeks to
execute a power of attorney; or (3) The parent, guardian, or
legal
custodian
has a well-founded belief that the power of attorney is in the
child's best interest.
2.
The signatures of the parent, guardian, or
legal
custodian
of the child and the grandparent designated as the attorney in fact
must be notarized by an Ohio notary public.
3.
A parent, guardian, or
legal
custodian
who creates a power of attorney must notify the parent of the child
who is not the
residential
designated
parent
and legal custodian of the child unless one of the following
circumstances applies: (a) the parent is prohibited from receiving a
notice of relocation in accordance with
section
3109.051
sections
3109.0470 to 3109.0479
of
the Revised Code of the creation of the power of attorney; (b) the
parent's parental rights have been terminated by order of a juvenile
court pursuant to Chapter 2151. of the Revised Code; (c) the parent
cannot be located with reasonable efforts; (d) both parents are
executing the power of attorney. The notice must be sent by certified
mail not later than five days after the power of attorney is created
and must state the name and address of the person designated as the
attorney in fact.
4.
A parent, guardian, or
legal
custodian
who creates a power of attorney must file it with the juvenile court
of the county in which the attorney in fact resides, or any other
court that has jurisdiction over the child under a previously filed
motion or proceeding. The power of attorney must be filed not later
than five days after the date it is created and be accompanied by a
receipt showing that the notice of creation of the power of attorney
was sent to the parent who is not the
residential
designated
parent
and legal custodian by certified mail.
5.
This power of attorney does not affect the rights of the child's
parents, guardian, or
legal
custodian
regarding any future proceedings concerning the custody of the child
or the allocation of
the
parental
rights and
parenting
responsibilities
for
the care of the child
and
does not give the attorney in fact legal custody of the child.
6.
A person or entity that relies on this power of attorney, in good
faith, has no obligation to make any further inquiry or
investigation.
7.
This power of attorney terminates on the occurrence of whichever of
the following occurs first: (1) the power of attorney is revoked in
writing by the person who created it and that person gives written
notice of the revocation to the grandparent who is the attorney in
fact and the juvenile court with which the power of attorney was
filed; (2) the child ceases to live with the grandparent who is the
attorney in fact; (3) the power of attorney is terminated by court
order; (4) the death of the child who is the subject of the power of
attorney; or (5) the death of the grandparent designated as the
attorney in fact.
If
this power of attorney terminates other than by the death of the
attorney in fact, the grandparent who served as the attorney in fact
shall notify, in writing, all of the following:
(a)
Any schools, health care providers, or health insurance coverage
provider with which the child has been involved through the
grandparent;
(b)
Any other person or entity that has an ongoing relationship with the
child or grandparent such that the other person or entity would
reasonably rely on the power of attorney unless notified of the
termination;
(c)
The court in which the power of attorney was filed after its
creation;
(d)
The parent who is not the
residential
designated
parent
and legal custodian of the child who is required to be given notice
of its creation. The grandparent shall make the notifications not
later than one week after the date the power of attorney terminates.
8.
If this power of attorney is terminated by written revocation of the
person who created it, or the revocation is regarding a second or
subsequent power of attorney, a copy of the revocation must be filed
with the court with which that power of attorney was filed.
Additional
information:
To
the grandparent designated as attorney in fact:
1.
If the child stops living with you, you are required to notify, in
writing, any school, health care provider, or health care insurance
provider to which you have given this power of attorney. You are also
required to notify, in writing, any other person or entity that has
an ongoing relationship with you or the child such that the person or
entity would reasonably rely on the power of attorney unless
notified. The notification must be made not later than one week after
the child stops living with you.
2.
You must include with the power of attorney the following
information:
(a)
The child's present address, the addresses of the places where the
child has lived within the last five years, and the name and present
address of each person with whom the child has lived during that
period;
(b)
Whether you have participated as a party, a witness, or in any other
capacity in any other litigation, in this state or any other state,
that concerned the allocation, between the parents of the same child,
of parental rights and
parenting
responsibilities
for
the care of the child
and
the designation of the
residential
designated
parent
and legal custodian of the child or that otherwise concerned the
custody of the same child;
(c)
Whether you have information of any parenting proceeding concerning
the child pending in a court of this or any other state;
(d)
Whether you know of any person who has physical custody of the child
or claims to be a parent of the child who is designated the
residential
designated
parent
and legal custodian of the child or to have parenting time
rights
with
respect to the child or to be a person other than a parent
or
legal custodian
of
the child who has custody or visitation
rights
with
respect to the child;
(e)
Whether you previously have been convicted of or pleaded guilty to
any criminal offense involving any act that resulted in a child's
being an abused child or a neglected child or previously have been
determined, in a case in which a child has been adjudicated an abused
child or a neglected child, to be the perpetrator of the abusive or
neglectful act that was the basis of the adjudication.
3.
If you receive written notice of revocation of the power of attorney
or the parent,
legal
custodian,
or guardian removes the child from your home and if you believe that
the revocation or removal is not in the best interest of the child,
you may, within fourteen days, file a complaint in the juvenile court
to seek custody. You may retain physical custody of the child until
the fourteen-day period elapses or, if you file a complaint, until
the court orders otherwise.
To
school officials:
1.
Except as provided in section 3313.649 of the Revised Code, this
power of attorney, properly completed and notarized, authorizes the
child in question to attend school in the district in which the
grandparent designated as attorney in fact resides and that
grandparent is authorized to provide consent in all school-related
matters and to obtain from the school district educational and
behavioral information about the child. This power of attorney does
not preclude the parent, guardian, or
legal
custodian
of the child from having access to all school records pertinent to
the child.
2.
The school district may require additional reasonable evidence that
the grandparent lives in the school district.
3.
A school district or school official that reasonably and in good
faith relies on this power of attorney has no obligation to make any
further inquiry or investigation.
To
health care providers:
1.
A person or entity that acts in good faith reliance on a power of
attorney to provide medical, psychological, or dental treatment,
without actual knowledge of facts contrary to those stated in the
power of attorney, is not subject to criminal liability or to civil
liability to any person or entity, and is not subject to professional
disciplinary action, solely for such reliance if the power of
attorney is completed and the signatures of the parent, guardian, or
legal
custodian
of the child and the grandparent designated as attorney in fact are
notarized.
2.
The decision of a grandparent designated as attorney in fact, based
on a power of attorney, shall be honored by a health care facility or
practitioner, school district, or school official.
Sec.
3109.55.
(A)
A person who creates a power of attorney under section 3109.52 of the
Revised Code shall send notice of the creation to the parent
or legal custodian
of the child who is not the
residential
designated
parent
and legal custodian of the child unless one of the following is the
case:
(1)
The parent
or
legal custodian
is
prohibited from receiving a notice of relocation in accordance with
section
3109.051
3109.0474
of
the Revised Code.
(2)
The parent's parental rights have been terminated by order of a
juvenile court pursuant to Chapter 2151. of the Revised Code.
(3)
The parent cannot be located with reasonable efforts.
(4)
The power of attorney is being created by both parents.
(B)
The notice shall be sent by certified mail not later than five days
after the power of attorney is created. The notice shall state the
name and address of the person designated as the attorney in fact.
Sec.
3109.56.
When
a parent
or legal custodian
seeks to create a power of attorney pursuant to section 3109.52 of
the Revised Code, all of the following apply:
(A)
The power of attorney shall be executed by both parents
or
legal custodians
if
any of the following apply:
(1)
The parents are married to each other and are living as husband and
wife.
(2)
The child is the subject of a shared parenting order issued pursuant
to section 3109.04
of
the Revised Code, as it existed prior to the amendment of this
section
of
the Revised Code
.
(3)
The child is the subject of a custody order issued pursuant to
section 3109.04
of
the Revised Code, as it existed prior to the amendment of this
section, or a decree allocating parenting responsibilities under a
parenting plan issued pursuant to sections 3109.04 to 3109.0498
of
the Revised Code unless one of the following is the case:
(a)
The parent
or
legal custodian
who
is not the
residential
designated
parent
and legal custodian is prohibited from receiving a notice of
relocation in accordance with section
3109.051
3109.0474
of
the Revised Code.
(b)
The parental rights of the parent
or legal custodian
who is not the
residential
designated
parent
and legal custodian have been terminated by order of a juvenile court
pursuant to Chapter 2151. of the Revised Code.
(c)
The parent
or legal custodian
who is not the
residential
designated
parent
and legal custodian cannot be located with reasonable efforts.
(B)
In all other cases, the power of attorney may be executed only by one
of the following persons:
(1)
The parent
or legal custodian
who is the
residential
designated
parent
and legal custodian of the child, as determined by court order or as
provided
in section 3109.042 of the Revised Code
designated
under a parenting plan
;
(2)
The parent
or
legal custodian
with
whom the child is residing the majority of the school year in cases
in which no court has issued an order designating a parent
or legal custodian
as the
residential
designated
parent
and legal custodian of the child or section
3109.042
3109.0425
of
the Revised Code is not applicable.
Sec.
3109.58.
(A)
As used in this section, "temporary custody," "permanent
custody," and "planned permanent living arrangement"
have the same meanings as in section 2151.011 of the Revised Code.
(B)
A power of attorney created pursuant to section 3109.52 of the
Revised Code may not be executed with respect to a child while any of
the following proceedings are pending regarding the child:
(1)
A proceeding for the appointment of a guardian for, or the adoption
of, the child;
(2)
A juvenile proceeding in which one of the following applies:
(a)
The temporary, permanent, or legal custody of the child or the
placement of the child in a planned permanent living arrangement has
been requested.
(b)
The child is the subject of an ex parte emergency custody order
issued under division (D) of section 2151.31 of the Revised Code, and
no hearing has yet been held regarding the child under division (A)
of section 2151.314 of the Revised Code.
(c)
The child is the subject of a temporary custody order issued under
section 2151.33 of the Revised Code.
(3)
A proceeding
for
divorce, dissolution, legal separation, annulment, or
pertaining
to the
allocation
of parental rights and
parenting
responsibilities
regarding the child
.
Sec.
3109.60.
When
a power of attorney created pursuant to section 3109.52 of the
Revised Code terminates pursuant to division (A)(1), (2), (3), or (4)
of section 3109.59 of the Revised Code, the grandparent designated as
the attorney in fact shall notify, in writing, all of the following:
(A)
The school district in which the child attends school;
(B)
The child's health care providers;
(C)
The child's health insurance coverage provider;
(D)
The court in which the power of attorney was filed under section
3109.74 of the Revised Code;
(E)
The parent
or
legal custodian
who
is not the
residential
designated
parent
and legal custodian and who is required to be given notice under
section 3109.55 of the Revised Code;
(F)
Any other person or entity that has an ongoing relationship with the
child or grandparent such that the person or entity would reasonably
rely on the power of attorney unless notified of the termination.
The
grandparent shall make the notifications not later than one week
after the date the power of attorney terminates.
Sec.
3109.65.
(A)
Except as provided in division (B) of this section, if a child is
living with a grandparent who has made reasonable attempts to locate
and contact both of the child's parents, or the child's guardian or
legal
custodian,
but has been unable to do so, the grandparent may obtain authority to
exercise care, physical custody, and control of the child including
authority to enroll the child in school, to discuss with the school
district the child's educational progress, to consent to all
school-related matters regarding the child, and to consent to
medical, psychological, or dental treatment for the child by
executing a caretaker authorization affidavit in accordance with
section 3109.67 of the Revised Code.
(B)
The grandparent may execute a caretaker authorization affidavit
without attempting to locate the following parent:
(1)
If paternity has not been established with regard to the child, the
child's father.
(2)
If the child is the subject of a custody order, the following parent:
(a)
A parent who is prohibited from receiving a notice of relocation in
accordance with section
3109.051
3109.0474
of
the Revised Code;
(b)
A parent whose parental rights have been terminated by order of a
juvenile court pursuant to Chapter 2151. of the Revised Code.
Sec.
3109.66.
The
caretaker authorization affidavit that a grandparent described in
section 3109.65 of the Revised Code may execute shall be identical in
form and content to the following:
CARETAKER
AUTHORIZATION AFFIDAVIT
Use
of this affidavit is authorized by sections 3109.65 to 3109.73 of the
Ohio Revised Code.
Completion
of items 1-7 and the signing and notarization of this affidavit is
sufficient to authorize the grandparent signing to exercise care,
physical custody, and control of the child who is its subject,
including authority to enroll the child in school, to discuss with
the school district the child's educational progress, to consent to
all school-related matters regarding the child, and to consent to
medical, psychological, or dental treatment for the child.
The
child named below lives in my home, I am 18 years of age or older,
and I am the child's grandparent.
1.
Name of child:
2.
Child's date and year of birth:
3.
Child's social security number (optional):
4.
My name:
5.
My home address:
6.
My date and year of birth:
7.
My Ohio driver's license number or identification card number:
8.
Despite having made reasonable attempts, I am either:
(a)
Unable to locate or contact the child's parents, or the child's
guardian or
legal
custodian;
or
(b)
I am unable to locate or contact one of the child's parents and I am
not required to contact the other parent because paternity has not
been established; or
(c)
I am unable to locate or contact one of the child's parents and I am
not required to contact the other parent because there is a custody
order regarding the child and one of the following is the case:
(i)
The parent has been prohibited from receiving notice of a relocation;
or
(ii)
The parental rights of the parent have been terminated.
9.
I hereby certify that this affidavit is not being executed for the
purpose of enrolling the child in a school or school district so that
the child may participate in the academic or interscholastic athletic
programs provided by that school or district.
WARNING:
DO NOT SIGN THIS FORM IF ANY OF THE ABOVE STATEMENTS ARE INCORRECT.
FALSIFICATION IS A CRIME UNDER SECTION 2921.13 OF THE REVISED CODE,
PUNISHABLE BY THE SANCTIONS UNDER CHAPTER 2929. OF THE REVISED CODE,
INCLUDING A TERM OF IMPRISONMENT OF UP TO 6 MONTHS, A FINE OF UP TO
$1,000, OR BOTH.
I
declare that the foregoing is true and correct:
Signed:__________________________Date:___________________
Grandparent
State
of Ohio
)
)
ss:
County
of _______________)
Subscribed,
sworn to, and acknowledged before me this ______ day of _________,
_____________
_____________________________________
Notary
Public
Notices:
1.
The grandparent's signature must be notarized by an Ohio notary
public.
2.
The grandparent who executed this affidavit must file it with the
juvenile court of the county in which the grandparent resides or any
other court that has jurisdiction over the child under a previously
filed motion or proceeding not later than five days after the date it
is executed.
3.
This affidavit does not affect the rights of the child's parents,
guardian, or
legal
custodian
regarding the care, physical custody, and control of the child, and
does not give the grandparent legal custody of the child.
4.
A person or entity that relies on this affidavit, in good faith, has
no obligation to make any further inquiry or investigation.
5.
This affidavit terminates on the occurrence of whichever of the
following occurs first: (1) the child ceases to live with the
grandparent who signs this form; (2) the parent, guardian, or
legal
custodian
of the child acts to negate, reverse, or otherwise disapprove an
action or decision of the grandparent who signed this affidavit, and
the grandparent either voluntarily returns the child to the physical
custody of the parent, guardian, or
legal
custodian
or fails to file a complaint to seek custody within fourteen days;
(3) the affidavit is terminated by court order; (4) the death of the
child who is the subject of the affidavit; or (5) the death of the
grandparent who executed the affidavit.
A
parent, guardian, or
legal
custodian
may negate, reverse, or disapprove a grandparent's action or decision
only by delivering written notice of negation, reversal, or
disapproval to the grandparent and the person acting on the
grandparent's action or decision in reliance on this affidavit.
If
this affidavit terminates other than by the death of the grandparent,
the grandparent who signed this affidavit shall notify, in writing,
all of the following:
(a)
Any schools, health care providers, or health insurance coverage
provider with which the child has been involved through the
grandparent;
(b)
Any other person or entity that has an ongoing relationship with the
child or grandparent such that the person or entity would reasonably
rely on the affidavit unless notified of the termination;
(c)
The court in which the affidavit was filed after its creation.
The
grandparent shall make the notifications not later than one week
after the date the affidavit terminates.
6.
The decision of a grandparent to consent to or to refuse medical
treatment or school enrollment for a child is superseded by a
contrary decision of a parent,
legal
custodian,
or guardian of the child, unless the decision of the parent,
guardian, or
legal
custodian
would jeopardize the life, health, or safety of the child.
Additional
information:
To
caretakers:
1.
If the child stops living with you, you are required to notify, in
writing, any school, health care provider, or health care insurance
provider to which you have given this affidavit. You are also
required to notify, in writing, any other person or entity that has
an ongoing relationship with you or the child such that the person or
entity would reasonably rely on the affidavit unless notified. The
notifications must be made not later than one week after the child
stops living with you.
2.
If you do not have the information requested in item 7 (Ohio driver's
license or identification card), provide another form of
identification such as your social security number or medicaid
number.
3.
You must include with the caretaker authorization affidavit the
following information:
(a)
The child's present address, the addresses of the places where the
child has lived within the last five years, and the name and present
address of each person with whom the child has lived during that
period;
(b)
Whether you have participated as a party, a witness, or in any other
capacity in any other litigation, in this state or any other state,
that concerned the allocation, between the parents of the same child,
of parental rights and
parenting
responsibilities
for
the care of the child
and
the designation of the
residential
designated
parent
and legal custodian of the child or that otherwise concerned the
custody of the same child;
(c)
Whether you have information of any parenting proceeding concerning
the child pending in a court of this or any other state;
(d)
Whether you know of any person who has physical custody of the child
or claims to be a parent
or
legal custodian
of
the child who is designated the
residential
designated
parent
and legal custodian of the child or to have parenting time
rights
with
respect to the child or to be a person other than a parent
or
legal custodian
of
the child who has custody or visitation
rights
with
respect to the child;
(e)
Whether you previously have been convicted of or pleaded guilty to
any criminal offense involving any act that resulted in a child's
being an abused child or a neglected child or previously have been
determined, in a case in which a child has been adjudicated an abused
child or a neglected child, to be the perpetrator of the abusive or
neglectful act that was the basis of the adjudication.
4.
If the child's parent, guardian, or
legal
custodian
acts to terminate the caretaker authorization affidavit by delivering
a written notice of negation, reversal, or disapproval of an action
or decision of yours or removes the child from your home and if you
believe that the termination or removal is not in the best interest
of the child, you may, within fourteen days, file a complaint in the
juvenile court to seek custody. You may retain physical custody of
the child until the fourteen-day period elapses or, if you file a
complaint, until the court orders otherwise.
To
school officials:
1.
This affidavit, properly completed and notarized, authorizes the
child in question to attend school in the district in which the
grandparent who signed this affidavit resides and the grandparent is
authorized to provide consent in all school-related matters and to
discuss with the school district the child's educational progress.
This affidavit does not preclude the parent, guardian, or
legal
custodian
of the child from having access to all school records pertinent to
the child.
2.
The school district may require additional reasonable evidence that
the grandparent lives at the address provided in item 5 of the
affidavit.
3.
A school district or school official that reasonably and in good
faith relies on this affidavit has no obligation to make any further
inquiry or investigation.
4.
The act of a parent, guardian, or
legal
custodian
of the child to negate, reverse, or otherwise disapprove an action or
decision of the grandparent who signed this affidavit constitutes
termination of this affidavit. A parent, guardian, or
legal
custodian
may negate, reverse, or disapprove a grandparent's action or decision
only by delivering written notice of negation, reversal, or
disapproval to the grandparent and the person acting on the
grandparent's action or decision in reliance on this affidavit.
To
health care providers:
1.
A person or entity that acts in good faith reliance on a CARETAKER
AUTHORIZATION AFFIDAVIT to provide medical, psychological, or dental
treatment, without actual knowledge of facts contrary to those stated
in the affidavit, is not subject to criminal liability or to civil
liability to any person or entity, and is not subject to professional
disciplinary action, solely for such reliance if the applicable
portions of the form are completed and the grandparent's signature is
notarized.
2.
The decision of a grandparent, based on a CARETAKER AUTHORIZATION
AFFIDAVIT, shall be honored by a health care facility or
practitioner, school district, or school official unless the health
care facility or practitioner or educational facility or official has
actual knowledge that a parent, guardian, or
legal
custodian
of a child has made a contravening decision to consent to or to
refuse medical treatment for the child.
3.
The act of a parent, guardian, or
legal
custodian
of the child to negate, reverse, or otherwise disapprove an action or
decision of the grandparent who signed this affidavit constitutes
termination of this affidavit. A parent, guardian, or
legal
custodian
may negate, reverse, or disapprove a grandparent's action or decision
only by delivering written notice of negation, reversal, or
disapproval to the grandparent and the person acting on the
grandparent's action or decision in reliance on this affidavit.
Sec.
3109.68.
(A)
As used in this section, "temporary custody," "permanent
custody," and "planned permanent living arrangement"
have the same meanings as in section 2151.011 of the Revised Code.
(B)
A caretaker authorization affidavit may not be executed with respect
to a child while any of the following proceedings are pending
regarding the child:
(1)
A proceeding for the appointment of a guardian for, or the adoption
of, the child;
(2)
A juvenile proceeding in which one of the following applies:
(a)
The temporary, permanent, or legal custody of the child or the
placement of the child in a planned permanent living arrangement has
been requested.
(b)
The child is the subject of an ex parte emergency custody order
issued under division (D) of section 2151.31 of the Revised Code, and
no hearing has yet been held regarding the child under division (A)
of section 2151.314 of the Revised Code.
(c)
The child is the subject of a temporary custody order issued under
section 2151.33 of the Revised Code.
(3)
A proceeding
for
divorce, dissolution, legal separation, annulment, or
pertaining
to the
allocation
of parental rights and
parenting
responsibilities
regarding the child
.
Sec.
3109.74.
(A)
A person who creates a power of attorney under section 3109.52 of the
Revised Code or executes a caretaker authorization affidavit under
section 3109.67 of the Revised Code shall file the power of attorney
or affidavit with the juvenile court of the county in which the
grandparent designated as attorney in fact or grandparent who
executed the affidavit resides or any other court that has
jurisdiction over the child under a previously filed motion or
proceeding. The power of attorney or affidavit shall be filed not
later than five days after the date it is created or executed and may
be sent to the court by certified mail.
(B)
A power of attorney filed under this section shall be accompanied by
a receipt showing that the notice of creation of the power of
attorney was sent to the parent
or
legal custodian
who
is not the
residential
designated
parent
and legal custodian by certified mail under section 3109.55 of the
Revised Code.
(C)(1)
The grandparent designated as attorney in fact or the grandparent who
executed the affidavit shall include with the power of attorney or
the caretaker authorization affidavit the information described in
section 3109.27 of the Revised Code.
(2)
If the grandparent provides information that the grandparent
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 or previously has been determined, in a
case in which a child has been adjudicated an abused child or a
neglected child, to be the perpetrator of the abusive or neglectful
act that was the basis of the adjudication, the court may report that
information to the public children services agency pursuant to
section 2151.421 of the Revised Code. Upon the receipt of that
information, the public children services agency shall initiate an
investigation pursuant to section 2151.421 of the Revised Code.
(3)
If the court has reason to believe that a power of attorney or
caretaker authorization affidavit is not in the best interest of the
child, the court may report that information to the public children
services agency pursuant to section 2151.421 of the Revised Code.
Upon receipt of that information, the public children services agency
shall initiate an investigation pursuant to section 2151.421 of the
Revised Code. The public children services agency shall submit a
report of its investigation to the court not later than thirty days
after the court reports the information to the public children
services agency or not later than forty-five days after the court
reports the information to the public children services agency when
information that is needed to determine the case disposition cannot
be compiled within thirty days and the reasons are documented in the
case record.
(D)
The court shall waive any filing fee imposed for the filing of the
power of attorney or caretaker authorization affidavit.
Sec.
3111.13.
(A)
The judgment or order of the court determining the existence or
nonexistence of the parent and child relationship is determinative
for all purposes.
(B)
If the judgment or order of the court is at variance with the child's
birth record, the court may order that a new birth record be issued
under section 3111.18 of the Revised Code.
(C)
Except as otherwise provided in this section, the judgment or order
may contain, at the request of a party and if not prohibited under
federal law, any other provision directed
against
the appropriate
towards
a
party
to the proceeding,
concerning
including
the allocation of parenting responsibilities,
the
duty of support, the payment of all or any part of the reasonable
expenses of the mother's pregnancy and confinement, the furnishing of
bond or other security for the payment of the judgment, or any other
matter in the best interest of the child. After entry of the judgment
or order,
the father may petition that he be designated the residential parent
and legal custodian of the child or for parenting time rights in a
proceeding separate from any action to establish paternity.
Additionally,
if the mother is unmarried,
the
father may file a complaint requesting the granting of reasonable
parenting time rights, and
the
parents of the father, any relative of the father, the parents of the
mother, and any relative of the mother may file a complaint
requesting the granting of reasonable companionship or visitation
rights
,
with the child pursuant to section 3109.12 of the Revised Code.
The
judgment or order shall contain any provision required by section
3111.14 of the Revised Code.
(D)
Support judgments or orders ordinarily shall be for periodic payments
that may vary in amount. In the best interest of the child, the
purchase of an annuity may be ordered in lieu of periodic payments of
support if the purchase agreement provides that any remaining
principal will be transferred to the ownership and control of the
child on the child's attainment of the age of majority.
(E)
In determining the amount to be paid by a parent for support of the
child and the period during which the duty of support is owed, a
court enforcing the obligation of support shall comply with Chapters
3119., 3121., 3123., and 3125. of the Revised Code.
(F)(1)
Any court that makes or modifies an order for child support under
this section shall comply with Chapters 3119., 3121., 3123., and
3125. of the Revised Code. If any person required to pay child
support under an order made under 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.
(2)
When a court determines whether to require a parent to pay an amount
for that parent's failure to support a child prior to the date the
court issues an order requiring that parent to pay an amount for the
current support of that child, it shall consider all relevant
factors, including, but not limited to, any monetary contribution
either parent of the child made to the support of the child prior to
the court issuing the order requiring the parent to pay an amount for
the current support of the child.
(3)(a)
A court shall not require a parent to pay an amount for that parent's
failure to support a child prior to the date the court issues an
order requiring that parent to pay an amount for the current support
of that child or to pay all or any part of the reasonable expenses of
the mother's pregnancy and confinement, if both of the following
apply:
(i)
At the time of the initial filing of an action to determine the
existence of the parent and child relationship with respect to that
parent, the child was over three years of age.
(ii)
Prior to the initial filing of an action to determine the existence
of the parent and child relationship with respect to that parent, the
alleged father had no knowledge and had no reason to have knowledge
of his alleged paternity of the child.
(b)
For purposes of division (F)(4)(a)(ii) of this section, the mother of
the child may establish that the alleged father had or should have
had knowledge of the paternity of the child by showing, by a
preponderance of the evidence, that she performed a reasonable and
documented effort to contact and notify the alleged father of his
paternity of the child.
(c)
A party is entitled to obtain modification of an existing order for
arrearages under this division regardless of whether the judgment,
court order, or administrative support order from which relief is
sought was issued prior to, on, or after October 27, 2000.
(G)
As used in this section, "birth record" has the same
meaning as in section 3705.01 of the Revised Code.
(H)
Unless the court has reason to believe that a person named in the
order is a potential victim of domestic violence, any order issued
pursuant to this section finding the existence of a parent and child
relationship shall contain the full names, addresses, and social
security numbers of the mother and father of the child and the full
name and address of the child.
Sec.
3111.26.
After
an acknowledgment of paternity becomes final and enforceable, the
child is the child of the man who signed the acknowledgment of
paternity, as though born to him in lawful wedlock. If the mother is
unmarried, the man who signed the acknowledgment of paternity may
file a complaint requesting the
granting
of reasonable
allocation
of
parenting
time
with the child under section 3109.12
responsibilities
under sections 3109.04 to 3109.0498
of
the Revised Code and the parents of the man who signed the
acknowledgment of paternity, any relative of the man who signed the
acknowledgment of paternity, the parents of the mother, and any
relative of the mother may file a complaint pursuant to that section
requesting the granting of reasonable companionship or visitation
rights
with
the child. Once the acknowledgment becomes final the man who signed
the acknowledgment of paternity assumes the parental duty of support.
Sec.
3111.381.
(A)
Except as provided in divisions (B), (C), (D), (E), and (F) of this
section, no person may bring an action under sections 3111.01 to
3111.18 of the Revised Code unless the person has requested an
administrative determination under section 3111.38 of the Revised
Code of the existence or nonexistence of a parent and child
relationship.
(B)
An action to determine the existence or nonexistence of a parent and
child relationship may be brought by the child's mother in the
appropriate division of the court of common pleas in the county in
which the child resides, without requesting an administrative
determination, if the child's mother brings the action in order to
request an order to determine the allocation of parental rights and
parenting
responsibilities,
the payment of all or any part of the reasonable expenses of the
mother's pregnancy and confinement, or support of the child. The
clerk of the court shall forward a copy of the complaint to the child
support enforcement agency of the county in which the complaint is
filed.
(C)
An action to determine the existence or nonexistence of a parent and
child relationship may be brought by the putative father of the child
in the appropriate division of the court of common pleas in the
county in which the child resides, without requesting an
administrative determination, if the putative father brings the
action in order to request an order to determine the allocation of
parental rights and
parenting
responsibilities.
The clerk of the court shall forward a copy of the complaint to the
child support enforcement agency of the county in which the complaint
is filed.
(D)
An action to determine the existence or nonexistence of a parent and
child relationship may be brought by the caretaker of the child in
the appropriate division of the court of common pleas in the county
in which the child resides, without requesting an administrative
determination, if the caretaker brings the action in order to request
support of the child. The clerk of the court shall forward a copy of
the complaint to the child support enforcement agency of the county
in which the complaint is filed.
(E)
If services are requested by the court, under divisions (B), (C), and
(D) of this section, of the child support enforcement agency to
determine the existence or nonexistence of a parent and child
relationship, a Title IV-D application must be completed and
delivered to the child support enforcement agency.
(F)
If the alleged father of a child is deceased and proceedings for the
probate of the estate of the alleged father have been or can be
commenced, the court with jurisdiction over the probate proceedings
shall retain jurisdiction to determine the existence or nonexistence
of a parent and child relationship between the alleged father and any
child without an administrative determination being requested from a
child support enforcement agency.
If
an action for divorce, dissolution of marriage,
or
legal
separation,
or
annulment,
or
an action under section 2151.231 or 2151.232 of the Revised Code
requesting an order requiring the payment of child support and
provision for the health care of a child, has been filed in a court
of common pleas and a question as to the existence or nonexistence of
a parent and child relationship arises, the court in which the
original action was filed shall retain jurisdiction to determine the
existence or nonexistence of the parent and child relationship
without an administrative determination being requested from a child
support enforcement agency.
If
a juvenile court or other court with jurisdiction under section
2101.022 or 2301.03 of the Revised Code issues a support order under
section 2151.231 or 2151.232 of the Revised Code relying on a
presumption under section 3111.03 of the Revised Code, the juvenile
court or other court with jurisdiction that issued the support order
shall retain jurisdiction if a question as to the existence of a
parent and child relationship arises.
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
parenting
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
parenting
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,
annulment,
or
legal separation brought by the petitioner or respondent issues an
order allocating parental rights and
parenting
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
a
parenting plan as described in
section
3109.051
3109.044
of the Revised Code
or
issued
pursuant to section
3109.12
of the Revised Code
or
division (E)(1)(d) of this section
or
a
visitation
or
companionship
or
visitation
order
issued pursuant to section
3109.051,
3109.054,
3109.11,
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
under
a parenting plan
or
visitation
or
companionship
or
visitation
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.
3119.01.
(A)
As used in the Revised Code, "child support enforcement agency"
means a child support enforcement agency designated under former
section 2301.35 of the Revised Code prior to October 1, 1997, or a
private or government entity designated as a child support
enforcement agency under section 307.981 of the Revised Code.
(B)
As used in this chapter and Chapters 3121., 3123., and 3125. of the
Revised Code:
(1)
"Administrative child support order" means any order issued
by a child support enforcement agency for the support of a child
pursuant to section 3109.19 or 3111.81 of the Revised Code or former
section 3111.211 of the Revised Code, section 3111.21 of the Revised
Code as that section existed prior to January 1, 1998, or section
3111.20 or 3111.22 of the Revised Code as those sections existed
prior to March 22, 2001.
(2)
"Child support order" means either a court child support
order or an administrative child support order.
(3)
"Obligee" means the person who is entitled to receive the
support payments under a support order.
(4)
"Obligor" means the person who is required to pay support
under a support order.
(5)
"Support order" means either an administrative child
support order or a court support order.
(C)
As used in this chapter:
(1)
"Caretaker" means any of the following, other than a
parent:
(a)
A person with whom the child resides for at least thirty consecutive
days, and who is the child's primary caregiver;
(b)
A person who is receiving public assistance on behalf of the child;
(c)
A person or agency with legal custody of the child, including a
county department of job and family services or a public children
services agency;
(d)
A guardian of the person or the estate of a child;
(e)
Any other appropriate court or agency with custody of the child.
"Caretaker"
excludes a "host family" as defined under section 2151.90
of the Revised Code.
(2)
"Cash medical support" means an amount ordered to be paid
in a child support order toward the ordinary medical expenses
incurred during a calendar year.
(3)
"Child care cost" means annual out-of-pocket costs for the
care and supervision of a child or children subject to the order that
is related to work or employment training.
(4)
"Court child support order" means any order issued by a
court for the support of a child pursuant to Chapter 3115. of the
Revised Code, section 2151.23, 2151.231, 2151.232, 2151.33, 2151.36,
2151.361, 2151.49, 3105.21, 3109.05, 3109.19, 3109.20, 3111.13,
3113.04, 3113.07, 3113.31, 3119.11, 3119.65, or 3119.70 of the
Revised Code, or division (B) of former section 3113.21 of the
Revised Code.
(5)
"Court-ordered parenting time" means the amount of
parenting time
a parent is to have
,
as defined in section 3109.04 of the Revised Code,
under
a
parenting
time
court
order
or
the amount of time the children are to be in the physical custody of
a parent under a shared
allocating
parenting
order
responsibilities
.
(6)
"Court support order" means either a court child support
order or an order for the support of a spouse or former spouse issued
pursuant to Chapter 3115. of the Revised Code, section 3105.18,
3105.65, or 3113.31 of the Revised Code, or division (B) of former
section 3113.21 of the Revised Code.
(7)
"CPI-U" means the consumer price index for all urban
consumers, published by the United States department of labor, bureau
of labor statistics.
(8)
"Extraordinary medical expenses" means any uninsured
medical expenses incurred for a child during a calendar year that
exceed the total cash medical support amount owed by the parents
during that year.
(9)
"Federal poverty level" has the same meaning as in section
5121.30 of the Revised Code.
(10)
"Income" means either of the following:
(a)
For a parent who is employed to full capacity, the gross income of
the parent;
(b)
For a parent who is unemployed or underemployed, the sum of the gross
income of the parent and any potential income of the parent.
(11)
"Income share" means the percentage derived from a
comparison of each parent's annual income after allowable deductions
and credits as indicated on the worksheet to the total annual income
of both parents.
(12)
"Insurer" means any person authorized under Title XXXIX of
the Revised Code to engage in the business of insurance in this
state, any health insuring corporation, and any legal entity that is
self-insured and provides benefits to its employees or members.
(13)
"Gross income" means, except as excluded in division
(C)(13) of this section, the total of all earned and unearned income
from all sources during a calendar year, whether or not the income is
taxable, and includes income from salaries, wages, overtime pay, and
bonuses to the extent described in division (D) of section 3119.05 of
the Revised Code; commissions; royalties; tips; rents; dividends;
severance pay; pensions; interest; trust income; annuities; social
security benefits, including retirement, disability, and survivor
benefits that are not means-tested; workers' compensation benefits;
unemployment insurance benefits; disability insurance benefits;
benefits that are not means-tested and that are received by and in
the possession of the veteran who is the beneficiary for any
service-connected disability under a program or law administered by
the United States department of veterans' affairs or veterans'
administration; spousal support actually received; and all other
sources of income. "Gross income" includes income of
members of any branch of the United States armed services or national
guard, including, amounts representing base pay, basic allowance for
quarters, basic allowance for subsistence, supplemental subsistence
allowance, cost of living adjustment, specialty pay, variable housing
allowance, and pay for training or other types of required drills;
self-generated income; and potential cash flow from any source.
"Gross
income" does not include any of the following:
(a)
Benefits received from means-tested government administered programs,
including Ohio works first; prevention, retention, and contingency;
means-tested veterans' benefits; supplemental security income;
supplemental nutrition assistance program; disability financial
assistance; or other assistance for which eligibility is determined
on the basis of income or assets;
(b)
Benefits for any service-connected disability under a program or law
administered by the United States department of veterans' affairs or
veterans' administration that are not means-tested, that have not
been distributed to the veteran who is the beneficiary of the
benefits, and that are in the possession of the United States
department of veterans' affairs or veterans' administration;
(c)
Child support amounts received for children who are not included in
the current calculation;
(d)
Amounts paid for mandatory deductions from wages such as union dues
but not taxes, social security, or retirement in lieu of social
security;
(e)
Nonrecurring or unsustainable income or cash flow items;
(f)
Adoption assistance, kinship guardianship assistance, and foster care
maintenance payments made pursuant to Title IV-E of the "Social
Security Act," 94 Stat. 501, 42 U.S.C.A. 670 (1980), as amended;
(g)
State kinship guardianship assistance described in section 5153.163
of the Revised Code and payment from the kinship support program
described in section 5180.531 of the Revised Code.
(14)
"Nonrecurring or unsustainable income or cash flow item"
means an income or cash flow item the parent receives in any year or
for any number of years not to exceed three years that the parent
does not expect to continue to receive on a regular basis.
"Nonrecurring or unsustainable income or cash flow item"
does not include a lottery prize award that is not paid in a lump sum
or any other item of income or cash flow that the parent receives or
expects to receive for each year for a period of more than three
years or that the parent receives and invests or otherwise uses to
produce income or cash flow for a period of more than three years.
(15)
"Ordinary medical expenses" includes copayments and
deductibles, and uninsured medical-related costs for the children of
the order.
(16)(a)
"Ordinary and necessary expenses incurred in generating gross
receipts" means actual cash items expended by the parent or the
parent's business and includes depreciation expenses of business
equipment as shown on the books of a business entity.
(b)
Except as specifically included in "ordinary and necessary
expenses incurred in generating gross receipts" by division
(C)(16)(a) of this section, "ordinary and necessary expenses
incurred in generating gross receipts" does not include
depreciation expenses and other noncash items that are allowed as
deductions on any federal tax return of the parent or the parent's
business.
(17)
"Personal earnings" means compensation paid or payable for
personal services, however denominated, and includes wages, salary,
commissions, bonuses, draws against commissions, profit sharing,
vacation pay, or any other compensation.
(18)
"Potential income" means both of the following for a parent
who the court pursuant to a court support order, or a child support
enforcement agency pursuant to an administrative child support order,
determines is voluntarily unemployed or voluntarily underemployed:
(a)
Imputed income that the court or agency determines the parent would
have earned if fully employed as determined from the following
criteria:
(i)
The parent's prior employment experience;
(ii)
The parent's education;
(iii)
The parent's physical and mental disabilities, if any;
(iv)
The availability of employment in the geographic area in which the
parent resides;
(v)
The prevailing wage and salary levels in the geographic area in which
the parent resides;
(vi)
The parent's special skills and training;
(vii)
Whether there is evidence that the parent has the ability to earn the
imputed income;
(viii)
The age and special needs of the child for whom child support is
being calculated under this section;
(ix)
The parent's increased earning capacity because of experience;
(x)
The parent's decreased earning capacity because of a felony
conviction;
(xi)
Any other relevant factor.
(b)
Imputed income from any nonincome-producing assets of a parent, as
determined from the local passbook savings rate or another
appropriate rate as determined by the court or agency, not to exceed
the rate of interest specified in division (A) of section 1343.03 of
the Revised Code, if the income is significant.
(19)
"Schedule" means the basic child support schedule created
pursuant to section 3119.021 of the Revised Code.
(20)
"Self-generated income" means gross receipts received by a
parent from self-employment, proprietorship of a business, joint
ownership of a partnership or closely held corporation, and rents
minus ordinary and necessary expenses incurred by the parent in
generating the gross receipts. "Self-generated income"
includes expense reimbursements or in-kind payments received by a
parent from self-employment, the operation of a business, or rents,
including company cars, free housing, reimbursed meals, and other
benefits, if the reimbursements are significant and reduce personal
living expenses.
(21)
"Self-sufficiency reserve" means the minimal amount
necessary for an obligor to adequately subsist upon, as determined
under section 3119.021 of the Revised Code.
(22)
"Split parental rights and responsibilities" means
,
under a decree allocating parental rights and responsibilities that
was issued pursuant to section 3109.04 of the Revised Code as that
section existed prior to the effective date of this amendment,
a situation in which there is more than one child who is the subject
of an allocation of parental rights and responsibilities and each
parent is the residential parent and legal custodian of at least one
of those children.
(23)
"Split
parenting responsibilities" means, under a parenting plan that
is approved by the court and included in an order issued under
section 3109.041 of the Revised Code, a situation in which there is
more than one child who is the subject of an allocation of parenting
responsibilities and one parent is the designated parent and legal
custodian of at least one child and the other parent is the
designated parent and legal custodian of at least one other child.
(24)
"Worksheet"
means the applicable worksheet created in rules adopted under section
3119.022 of the Revised Code that is used to calculate a parent's
child support obligation.
Sec.
3119.06.
(A)
Except as otherwise provided in this section, in any action in which
a court or a child support enforcement agency issues or modifies a
child support order or in any other proceeding in which a court or
agency determines the amount of child support to be paid pursuant to
a child support order, the court or agency shall issue a minimum
child support order requiring the obligor to pay a minimum of eighty
dollars a month for all the children subject to that order. The court
or agency, in its discretion and in appropriate circumstances, may
issue a minimum child support order of less than eighty dollars a
month or issue an order not requiring the obligor to pay any child
support amount. The circumstances under which a court or agency may
issue such an order include the
nonresidential
parent's
medically
verified or documented physical or mental disability or
institutionalization in a facility for persons with a mental illness
or any other circumstances considered appropriate by the court or
agency
of the parent who is not the designated parent and legal custodian
.
If
a court or agency issues a minimum child support obligation pursuant
to this section and the obligor under the support order is the
recipient of means-tested public assistance, as described in division
(C)(13)(a) of section 3119.01 of the Revised Code, any unpaid amounts
of support due under the support order shall accrue as arrearages
from month to month, and the obligor's current obligation to pay the
support due under the support order is suspended during any period of
time that the obligor is receiving means-tested public assistance and
is complying with any seek work orders issued pursuant to section
3121.03 of the Revised Code. The court, obligee, and child support
enforcement agency shall not enforce the obligation of the obligor to
pay the amount of support due under the support order while the
obligor is receiving means-tested public assistance and is complying
with any seek work orders issued pursuant to section 3121.03 of the
Revised Code.
(B)
As used in this section, "means-tested public assistance"
includes cash assistance payments under the Ohio works first program
established under Chapter 5107. of the Revised Code, financial
assistance under the disability financial assistance program
established under Chapter 5115. of the Revised Code, supplemental
security income, or means-tested veterans' benefits.
Sec.
3119.07.
All
of the following apply to parents under a decree allocating parental
rights and responsibilities that was issued pursuant to section
3109.04 of the Revised Code as that section existed prior to the
effective date of this amendment:
(A)
Except when the parents have split parental rights and
responsibilities, a parent's child support obligation for a child for
whom the parent is the residential parent and legal custodian shall
be
calculated
and
presumed
to be spent on that child and shall not
become
be
payable as
part
of a child support order, and a parent's child support obligation for
a child for whom the parent is not the residential parent and legal
custodian shall
become
be
calculated and ordered to be paid as
part
of a child support order.
(B)
If the parents have split parental rights and responsibilities, the
child support obligations of the parents shall be offset, and the
parent with the larger child support obligation shall pay the net
amount pursuant to the child support order.
(C)
If neither parent of a child who is the subject of a child support
order is the residential parent and legal custodian of the child and
the child resides with a caretaker, each parent shall pay that
parent's child support obligation pursuant to the child support
order.
Sec.
3119.071.
All
of the following apply to parents under an order allocating parenting
responsibilities under a parenting plan issued on or after the
effective date of this section:
(A)
Except when the parents have split parenting responsibilities, a
parent's child support obligation for a child for whom the parent is
the designated parent and legal custodian under a parenting plan that
is approved by the court and included in an order issued under
section 3109.041 of the Revised Code shall be calculated and presumed
to be spent on that child and shall not be payable as part of a child
support order, and a parent's child support obligation for a child
for whom the parent is not the designated parent and legal custodian
shall be calculated and ordered to be paid as part of a child support
order.
(B)
If the parents have split parenting responsibilities, the child
support obligations of the parents shall be offset, and the court
shall issue a child support order requiring the parent with the
larger child support obligation to pay the net amount pursuant to the
child support order.
(C)
If neither parent of a child who is the subject of a child support
order is the designated parent and legal custodian of allocated
parenting responsibilities for the child and the child resides with a
caretaker who is the legal custodian of the child, the court shall
issue a child support order requiring each parent to pay that
parent's child support obligation pursuant to the child support
order.
Sec.
3119.072.
In
any action or proceeding in which a child support order is issued or
modified, the court, with respect to court child support orders, and
the child support enforcement agency, with respect to administrative
child support orders, shall do all of the following:
(A)
Determine the person or persons responsible for the payment of child
support;
(B)
Determine the person or agency entitled to receive the child support;
(C)
Include the applicable worksheet that has been completed in
accordance with Chapter 3119. of the Revised Code with the issuance
of the new or modified child support order.
Sec.
3119.08.
Whenever
a court issues a child support order, it shall include in the order
specific provisions for regular, holiday, vacation, parenting time,
and special visitation in accordance with section
3109.051
3109.044,
3109.054
,
3109.11, or 3109.12 of the Revised Code or in accordance with any
other applicable section of the Revised Code.
Sec.
3119.24.
(A)(1)
A court that issues a
shared
parenting
order
in accordance with
plan
as described under
section
3109.04
3109.044
of
the Revised Code shall order an amount of child support to be paid
under the child support order that is calculated in accordance with
the schedule and with the worksheet, except that, if that amount
would be unjust or inappropriate to the children or either parent and
therefore not in the best interest of the child because of the
extraordinary circumstances of the parents or because of any other
factors or criteria set forth in section 3119.23 of the Revised Code,
the court may deviate from that amount.
(2)
The court shall consider extraordinary circumstances and other
factors or criteria if it deviates from the amount described in
division (A)(1) of this section and shall enter in the journal the
amount described in division (A)(1) of this section its determination
that the amount would be unjust or inappropriate and therefore not in
the best interest of the child, and findings of fact supporting its
determination.
(B)
For the purposes of this section, "extraordinary circumstances
of the parents" includes all of the following:
(1)
The ability of each parent to maintain adequate housing for the
children;
(2)
Each parent's expenses, including child care expenses, school
tuition, medical expenses, dental expenses, and any other expenses
the court considers relevant;
(3)
Any other circumstances the court considers relevant.
Sec.
3119.82.
Except
when including a revised amount of child support in a revised child
support order as recommended pursuant to section 3119.63 of the
Revised Code, whenever a court issues, or whenever a court modifies,
reviews, or otherwise reconsiders a court child support order, or
upon the request of any party, the court shall designate which parent
may claim the children who are the subject of the court child support
order as dependents for federal income tax purposes as set forth in
section 151 of the "Internal Revenue Code of 1986," 100
Stat. 2085, 26 U.S.C. 1, as amended. If the parties agree on which
parent should claim the children as dependents, the court shall
designate that parent as the parent who may claim the children. If
the parties do not agree, the court, in its order, may permit the
parent who is not the
residential
designated
parent
and legal custodian to claim the children as dependents for federal
income tax purposes only if the court determines that this furthers
the best interest of the children and, with respect to orders the
court modifies, reviews, or reconsiders, the payments for child
support are substantially current as ordered by the court for the
year in which the children will be claimed as dependents. In cases in
which the parties do not agree which parent may claim the children as
dependents, the court shall consider, in making its determination,
any net tax savings, the relative financial circumstances and needs
of the parents and children, the amount of time the children spend
with each parent, the eligibility of either or both parents for the
federal earned income tax credit or other state or federal tax
credit, and any other relevant factor concerning the best interest of
the children.
If
the court determines that the parent who is not the
residential
designated
parent
and legal custodian may claim the children as dependents for federal
income tax purposes, it shall order the
residential
designated
parent
to take whatever action is necessary pursuant to section 152 of the
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.
1, as amended, to enable the parent who is not the
residential
designated
parent
and legal custodian to claim the children as dependents for federal
income tax purposes in accordance with the order of the court. Any
willful failure of the
residential
designated
parent
to comply with the order of the court is contempt of court.
Sec.
3119.87.
The
parent who is the
residential
designated
parent
and legal custodian of a child for whom a child support order is
issued or the person who otherwise has custody of a child for whom a
child support order is issued immediately shall notify, and the
obligor under a child support order may notify, the child support
enforcement agency administering the child support order of any
reason for which the child support order should terminate. Nothing in
this section shall preclude a person from notifying the agency that a
reason for which a child support order should terminate is imminent.
With respect to a court child support order, a willful failure to
notify the agency as required by this division is contempt of court.
Sec.
3119.964.
(A)
If a court grants relief from a judgment, order, or determination
pursuant to section 3119.962 of the Revised Code and if the person
who is relieved or the male minor has been granted parenting time
rights
pursuant to an order issued under
under
a parenting plan as described in
section
3109.051
3109.044
or
3109.12 of the Revised Code, or if any relative of the person or male
minor has been granted companionship or visitation
rights
with
the child pursuant to an order issued under section
3109.051
3109.054
or
3109.12 of the Revised Code, the court shall determine whether the
order granting those rights should be terminated, modified, or
continued.
(B)
If a court grants relief from a child support order pursuant to
section 3119.962 of the Revised Code and support arrearages are owed,
the court may issue an order canceling that arrearage. Nothing in
this section limits any actions that may be taken by the person or
male minor granted relief under this section to recover support paid
under the child support order from which relief was granted.
Sec.
3125.03.
The
office of child support shall establish and administer a program of
child support enforcement that meets the requirements of Title IV-D
of the "Social Security Act," 88 Stat. 2351 (1975), 42
U.S.C. 651, as amended, and any rules adopted under Title IV-D. The
program of child support enforcement shall include the location of
absent parents, establishment of parentage, establishment and
modification of child support orders and medical support orders,
enforcement of support orders, collection of support obligations, and
any other actions appropriate to child support enforcement.
Absent
parents shall be located for any purpose under the child support
enforcement program and for purposes of establishing and enforcing
orders allocating parental rights and
parenting
responsibilities
between parents concerning their children
and establishing and enforcing parenting time orders concerning the
children
.
Sec.
3125.06.
The
department of job and family services shall enter into an agreement
with the secretary of health and human services, as authorized by the
"Parental Kidnapping Prevention Act of 1980," 94 Stat.
3572, 42 U.S.C. 663, as amended, under which the services of the
parent locater service established pursuant to Title IV-D of the
"Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651,
as amended, are made available to this state for the following
purposes:
(A)
Determining the whereabouts of any absent parent or child in order to
enforce a law with respect to the unlawful taking or restraint of a
child;
(B)
Making or enforcing a determination as to the allocation, between the
parents of a child, of the parental rights and
parenting
responsibilities
for
the care of a child
and
the designation of the
residential
designated
parent
and legal custodian of a child or otherwise as to the custody of a
child
;
(C)
Making or enforcing a parenting time order with respect to a child
.
Sec.
3125.43.
The
department of taxation shall not provide any information to the
office of child support, except as provided in this section. For
purposes of the establishment of paternity, the establishment,
modification, or enforcement of support orders, and the location of
absent parents pursuant to child support enforcement activities and
activities to establish and enforce orders allocating parenting
rights
and
responsibilities
and parenting time orders
,
the office is authorized to obtain information concerning the
residential address and income of taxpayers if that information is
contained in the state tax records maintained by the department. The
department shall not provide any information to the office if the
provision of the information is prohibited by state or federal law.
Sec.
3127.01.
(A)
As used in the Revised Code, "uniform child custody jurisdiction
and enforcement act" means the act addressing interstate
recognition and enforcement of child custody orders adopted in 1997
by the national conference of commissioners on uniform state laws or
any law substantially similar to the act adopted by another state.
(B)
As used in sections 3127.01 to 3127.53 of the Revised Code:
(1)
"Abandoned" means the parents of a child have failed to
visit or maintain contact with the child for more than ninety days,
regardless of whether the parents resume contact with the child after
that ninety-day period.
(2)
"Child" means an individual who has not attained eighteen
years of age.
(3)
"Child custody determination" means a judgment, decree, or
other order of a court that provides for legal custody, physical
custody, parenting time, or visitation with respect to a child.
"Child custody determination" includes an order that
allocates parental rights and
parenting
responsibilities.
"Child custody determination" includes permanent,
temporary, initial, and modification orders. "Child custody
determination" does not include an order or the portion of an
order relating to child support or other monetary obligations of an
individual.
(4)
"Child custody proceeding" means a proceeding in which
legal custody, physical custody, parenting time, or visitation with
respect to a child is an issue. "Child custody proceeding"
may include a proceeding for divorce, separation, neglect, abuse,
dependency, guardianship, parentage, termination of parental rights,
or protection from domestic violence. "Child custody proceeding"
does not include a proceeding regarding juvenile delinquency,
contractual emancipation, or enforcement pursuant to sections 3127.31
to 3127.47 of the Revised Code.
(5)
"Commencement" means the filing of the first pleading in a
proceeding.
(6)
"Court" means an entity authorized under the law of a state
to establish, enforce, or modify a child custody determination.
(7)
"Home state" means the state in which a child lived with a
parent or a person acting as a parent for at least six consecutive
months immediately preceding the commencement of a child custody
proceeding and, if a child is less than six months old, the state in
which the child lived from birth with any of them. A period of
temporary absence of any of them is counted as part of the six-month
or other period.
(8)
"Initial determination" means the first child custody
determination concerning a particular child.
(9)
"Issuing court" means the court that makes a child custody
determination for which enforcement is sought under sections 3127.01
to 3127.53 of the Revised Code.
(10)
"Issuing state" means the state in which a child custody
determination is made.
(11)
"Modification" means a child custody determination that
changes, replaces, supersedes, or is otherwise made after a
determination concerning the same child, whether or not it is made by
the court that made the previous determination.
(12)
"Person" means an individual; corporation; business trust;
estate; trust; partnership; limited liability company; association;
joint venture; government; governmental subdivision, agency, or
instrumentality; public corporation; or any other legal or commercial
entity.
(13)
"Person acting as a parent" means a person, other than the
child's parent, who meets both of the following criteria:
(a)
The person has physical custody of the child or has had physical
custody for a period of six consecutive months, including any
temporary absence from the child, within one year immediately before
the commencement of a child custody proceeding; and
(b)
The person has been awarded legal custody by a court or claims a
right to legal custody under the law of this state.
(14)
"Physical custody" means the physical care and supervision
of a child.
(15)
"State" means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of the
United States.
(16)
"Tribe" means an Indian tribe or Alaskan Native village
that is recognized by federal or state law.
(17)
"Warrant" means an order issued by a court authorizing law
enforcement officers to take physical custody of a child.
Sec.
3127.11.
(A)
A court of this state may request the appropriate court of another
state to do any of the following:
(1)
Hold an evidentiary hearing;
(2)
Order a person to produce or give evidence pursuant to procedures of
that state;
(3)
Order that an evaluation be made concerning the allocation of
parental rights and
parenting
responsibilities
for
the care of a child
involved
in a pending proceeding with respect to the designation of a parent
as the
residential
designated
parent
and legal custodian of the child and with respect to the custody of
the child in any other person;
(4)
Forward to the court of this state a certified copy of the transcript
of the record of the hearing, the evidence otherwise presented, and
any evaluation prepared in compliance with the request;
(5)
Order a party to a child custody proceeding or any person having
physical custody of the child to appear in the proceeding with or
without the child.
(B)
Upon request of a court of another state, a court of this state may
hold a hearing or enter an order described in division (A) of this
section.
(C)
The court may assess travel and other necessary and reasonable
expenses incurred under divisions (A) and (B) of this section against
the parties according to the law of this state.
(D)
Upon appropriate request by a court or law enforcement official of
another state, a court of this state shall forward a certified copy
of the pleadings, orders, decrees, records of hearings, evaluations,
and other pertinent records with respect to a child custody
proceeding to the court or law enforcement official of the other
state.
Sec.
3127.23.
(A)
Each party in a child custody proceeding, in the party's first
pleading or in an affidavit attached to that pleading, shall give
information if reasonably ascertainable under oath as to the child's
present address or whereabouts, the places where the child has lived
within the last five years, and the name and present address of each
person with whom the child has lived during that period. In this
pleading or affidavit, each party also shall include all of the
following information:
(1)
Whether the party has participated as a party, a witness, or in any
other capacity in any other proceeding concerning the allocation,
between the parents of the same child, of parental rights and
parenting
responsibilities
for
the care of the child
including
any designation of parenting time rights and the designation of the
residential
designated
parent
and legal custodian of the child or that otherwise concerned the
custody of or visitation with the same child and, if so, the court,
case number and the date of the child custody determination, if any;
(2)
Whether the party knows of any proceedings that could affect the
current proceeding, including proceedings for enforcement of child
custody determinations, proceedings relating to domestic violence or
protection orders, proceedings to adjudicate the child as an abused,
neglected, or dependent child, proceedings seeking termination of
parental rights, and adoptions, and, if so, the court, the case
number, and the nature of the proceeding;
(3)
Whether the party knows of any person who is not a party to the
proceeding and has physical custody of the child or claims to be a
parent of the child who is designated the
residential
designated
parent
and legal custodian of the child or to have parenting time
rights
with
respect to the child or to be a person other than a parent of the
child who has custody or visitation
rights
with
respect to the child and, if so, the names and addresses of those
persons.
(B)
If the declaration under division (A)(1), (2), or (3) of this section
is in the affirmative, the declarant shall give additional
information as required by the court. The court may examine the
parties under oath as to details of the information furnished and as
to other matters pertinent to the court's jurisdiction and the
disposition of the case.
(C)
Each party has a continuing duty to inform the court of any child
custody proceeding concerning the child in this or any other state
that could affect the current proceeding.
(D)
If a party alleges in an affidavit or a pleading under oath that the
health, safety, or liberty of a party or child would be jeopardized
by the disclosure of identifying information, the information shall
be sealed and may not be disclosed to the other party or the public
unless the court orders the disclosure to be made after a hearing in
which the court takes into consideration the health, safety, and
liberty of the party or child and determines that the disclosure is
in the interests of justice.
(E)
A public children services agency, acting pursuant to a complaint or
an action on a complaint filed under section 2151.27 of the Revised
Code, is not subject to the requirements of this section.
(F)
As used in this section, "abused child" has the same
meaning as in section 2151.031 of the Revised Code, "neglected
child" has the same meaning as in section 2151.03 of the Revised
Code, and "dependent child" has the same meaning as in
section 2151.04 of the Revised Code.
Sec.
3127.35.
(A)
Subject to sections 2101.022 and 2301.03 of the Revised Code, the
clerk of a juvenile court or other court with appropriate
jurisdiction may register a child custody determination issued by a
court of another state, with or without a simultaneous request for
enforcement, on receipt of all of the following:
(1)
A letter or other document requesting that the child custody
determination be registered;
(2)
Two copies, including one certified copy, of the determination sought
to be registered, and a statement under penalty of perjury that, to
the best of the knowledge and belief of the person seeking
registration, the order has not been modified;
(3)
Except as otherwise provided in section 3127.23 of the Revised Code,
the name and address of the person seeking registration and any
parent who is
designated
the
residential
designated
parent
and legal custodian of the child or to have parenting time with
respect to the child or any person acting as a parent who has been
awarded custody or visitation in the child custody determination
sought to be registered;
(4)
An advance deposit or fee established by the court.
(B)
On receipt of the documents and information required by division (A)
of this section, the registering court shall do both of the
following:
(1)
Cause the child custody determination to be filed as a foreign
judgment together with one copy of any accompanying documents and
information, regardless of their form;
(2)
Serve notice of the registration request on the persons named
pursuant to division (A)(3) of this section, and provide them with an
opportunity to contest the registration in accordance with this
section.
(C)
The notice required by division (B)(2) of this section shall state
all of the following:
(1)
That the registered child custody determination is enforceable as of
the date of the registration in the same manner as a child custody
determination issued by a court of this state;
(2)
That a hearing to contest the validity of the registered
determination must be requested within thirty days after service of
notice;
(3)
That failure to contest the registration shall result in confirmation
of the child custody determination and preclude further contest of
that determination with respect to any matter that could have been
asserted.
(D)
A person seeking to contest the validity of a registered order shall
request a hearing within thirty days after service of the notice. At
that hearing, the court shall confirm the registered order unless the
person contesting registration establishes one of the following
circumstances:
(1)
The issuing court did not have jurisdiction under sections 3127.15 to
3127.24 of the Revised Code or a similar statute of another state.
(2)
The child custody determination sought to be registered has been
vacated, stayed, or modified by a court having jurisdiction to do so
under sections 3127.15 to 3127.24 of the Revised Code or a similar
statute of another state.
(3)
The person contesting registration was entitled to notice of the
child custody proceeding for which registration is sought, but notice
was not given in accordance with the standards of section 3127.07 of
the Revised Code or a similar statute of another state.
(E)
If a timely request for a hearing to contest the validity of the
registration is not made, the registration is confirmed as a matter
of law and the person requesting registration and all persons served
in accordance with division (B)(2) of this section must be notified
of the confirmation.
(F)
Confirmation of a registered child custody determination, whether by
operation of law or after notice and hearing, precludes further
contest of the determination with respect to any matter that could
have been asserted at the time of registration.
Sec.
3310.51.
As
used in sections 3310.51 to 3310.64 of the Revised Code:
(A)
"Alternative public provider" means either of the following
providers that agrees to enroll a child in the provider's special
education program to implement the child's individualized education
program and to which the eligible applicant owes fees for the
services provided to the child:
(1)
A school district that is not the school district in which the child
is entitled to attend school or the child's school district of
residence, if different;
(2)
A public entity other than a school district.
(B)
"Child with a disability" and "individualized
education program" have the same meanings as in section 3323.01
of the Revised Code.
(C)
"Eligible applicant" means any of the following:
(1)
Either of the natural or adoptive parents of a qualified special
education child, except as otherwise specified in this division. When
the marriage of the natural or adoptive parents of the student has
been terminated by a divorce, dissolution of marriage, or annulment,
or when the natural or adoptive parents of the student are living
separate and apart under a legal separation decree, and a court has
issued an order allocating the parental rights and
parenting
responsibilities
with respect to the child
,
"eligible applicant" means the
residential
designated
parent
as
designated by the court
and
legal custodian
.
If the court
issues
issued
a
shared parenting decree
prior to the effective date of this amendment or approves a shared
parenting plan under section 3109.041 of the Revised Code
,
"eligible applicant" means either parent. "Eligible
applicant" does not mean a parent whose custodial rights have
been terminated.
(2)
The
legal
custodian
of a qualified special education child, when a court has granted
temporary, legal, or permanent custody of the child to an individual
other than either of the natural or adoptive parents of the child or
to a government agency;
(3)
The guardian of a qualified special education child, when a court has
appointed a guardian for the child;
(4)
The grandparent of a qualified special education child, when the
grandparent is the child's attorney in fact under a power of attorney
executed under sections 3109.51 to 3109.62 of the Revised Code or
when the grandparent has executed a caretaker authorization affidavit
under sections 3109.65 to 3109.73 of the Revised Code;
(5)
The surrogate parent appointed for a qualified special education
child pursuant to division (B) of section 3323.05 and section
3323.051 of the Revised Code;
(6)
A qualified special education child, if the child does not have a
legal
custodian
or guardian and the child is at least eighteen years of age and less
than twenty-two years of age.
(D)
"Entitled to attend school" means entitled to attend school
in a school district under sections 3313.64 and 3313.65 of the
Revised Code.
(E)
"Formula ADM" has the same meaning as in section 3317.02 of
the Revised Code.
(F)
"Qualified special education child" is a child for whom all
of the following conditions apply:
(1)
The child is at least three years of age and less than twenty-two
years of age.
(2)
The school district in which the child is entitled to attend school,
or the child's school district of residence if different, has
identified the child as a child with a disability.
(3)
The school district in which the child is entitled to attend school,
or the child's school district of residence if different, has
developed an individualized education program under Chapter 3323. of
the Revised Code for the child.
(4)
The child meets one of the following conditions:
(a)
Was enrolled in the schools of the school district in which the child
is entitled to attend school in any grade from preschool through
twelve in the school year prior to the school year in which a
scholarship is sought for the child;
(b)
Is eligible to enter school in any grade preschool through twelve in
the school district in which the child is entitled to attend school
in the school year in which a scholarship is sought for the child;
(c)
All of the following apply:
(i)
The child is at least eighteen years of age and less than twenty-two
years of age.
(ii)
The child is enrolled in a chartered or nonchartered nonpublic
school, is home educated in accordance with section 3321.042 of the
Revised Code, or is a student older than compulsory school age and
less than twenty-two years of age and received a home education in
accordance with section 3321.042 of the Revised Code and has not
received a diploma under section 3313.6110 of the Revised Code.
(iii)
The child is still eligible to receive transition services under the
child's individualized education program.
(5)
The department of education and workforce has not approved a
scholarship for the child under the educational choice scholarship
pilot program, under sections 3310.01 to 3310.17 of the Revised Code,
the autism scholarship program, under section 3310.41 of the Revised
Code, or the pilot project scholarship program, under sections
3313.974 to 3313.979 of the Revised Code for the same school year in
which a scholarship under the Jon Peterson special needs scholarship
program is sought.
(6)
The child and the child's parents are in compliance with the state
compulsory attendance law under Chapter 3321. of the Revised Code.
(G)
"Registered private provider" means a nonpublic school or
other nonpublic entity that has been registered by the superintendent
of public instruction under section 3310.58 of the Revised Code prior
to October 3, 2023, or the department of education and workforce on
or after that date.
(H)
"Scholarship" means a scholarship awarded under the Jon
Peterson special needs scholarship program pursuant to sections
3310.51 to 3310.64 of the Revised Code.
(I)
"School district of residence" has the same meaning as in
section 3323.01 of the Revised Code. A community school established
under Chapter 3314. of the Revised Code is not a "school
district of residence" for purposes of sections 3310.51 to
3310.64 of the Revised Code.
(J)
"School year" has the same meaning as in section 3313.62 of
the Revised Code.
(K)
"Special education program" means a school or facility that
provides special education and related services to children with
disabilities.
Sec.
3313.205.
Subject
to section 3321.141 of the Revised Code, the board of education of
each school district shall adopt a written policy with respect to the
notification of a student's parents, parent who is the
residential
designated
parent
and legal custodian, guardian, or legal custodian or any other person
responsible for the student within a reasonable time after the
determination that the student is absent from school. The student's
parents, parent who is the
residential
designated
parent
and legal custodian, guardian, or legal custodian or any other person
responsible for the student shall provide the school that the student
attends a current address and a telephone number at which the
student's parents, parent who is the
residential
designated
parent
and legal custodian, guardian, or legal custodian or any other person
that is responsible for the student can receive notice that the
student is absent from school.
Sec.
3313.64.
(A)
As used in this section and in section 3313.65 of the Revised Code:
(1)(a)
Except as provided in division (A)(1)(b) of this section, "parent"
means either parent, unless the parents are separated or divorced or
their marriage has been dissolved or annulled, in which case "parent"
means the parent
or
legal custodian
who
is the
residential
designated
parent
and legal custodian of the child. When a child is in the legal
custody of a government agency or a person other than the child's
natural or adoptive parent, "parent" means the parent with
residual parental rights, privileges, and responsibilities. When a
child is in the permanent custody of a government agency or a person
other than the child's natural or adoptive parent, "parent"
means the parent who was divested of parental rights and
responsibilities for the care of the child and the right to have the
child live with the parent and be the legal custodian of the child
and all residual parental rights, privileges, and responsibilities.
(b)
When a child is the subject of a power of attorney executed under
sections 3109.51 to 3109.62 of the Revised Code, "parent"
means the grandparent designated as attorney in fact under the power
of attorney. When a child is the subject of a caretaker authorization
affidavit executed under sections 3109.64 to 3109.73 of the Revised
Code, "parent" means the grandparent that executed the
affidavit.
(2)
"Legal custody," "permanent custody," and
"residual parental rights, privileges, and responsibilities"
have the same meanings as in section 2151.011 of the Revised Code.
(3)
"School district" or "district" means a city,
local, or exempted village school district and excludes any school
operated in an institution maintained by the department of youth
services.
(4)
Except as used in division (C)(2) of this section, "home"
means a home, institution, foster home, group home, or other
residential facility in this state that receives and cares for
children, to which any of the following applies:
(a)
The home is licensed, certified, or approved for such purpose by the
state or is maintained by the department of youth services.
(b)
The home is operated by a person who is licensed, certified, or
approved by the state to operate the home for such purpose.
(c)
The home accepted the child through a placement by a person licensed,
certified, or approved to place a child in such a home by the state.
(d)
The home is a children's home created under section 5153.21 or
5153.36 of the Revised Code.
(5)
"Agency" means all of the following:
(a)
A public children services agency;
(b)
An organization that holds a certificate issued by the department of
children and youth in accordance with the requirements of section
5103.03 of the Revised Code and assumes temporary or permanent
custody of children through commitment, agreement, or surrender, and
places children in family homes for the purpose of adoption;
(c)
Comparable agencies of other states or countries that have complied
with applicable requirements of section 2151.39 of the Revised Code
or as applicable, sections 5103.20 to 5103.22 or 5103.23 to 5103.237
of the Revised Code.
(6)
A child is placed for adoption if either of the following occurs:
(a)
An agency to which the child has been permanently committed or
surrendered enters into an agreement with a person pursuant to
section 5103.16 of the Revised Code for the care and adoption of the
child.
(b)
The child's natural parent places the child pursuant to section
5103.16 of the Revised Code with a person who will care for and adopt
the child.
(7)
"Preschool child with a disability" has the same meaning as
in section 3323.01 of the Revised Code.
(8)
"Child," unless otherwise indicated, includes preschool
children with disabilities.
(9)
"Active duty" means active duty pursuant to an executive
order of the president of the United States, an act of the congress
of the United States, or section 5919.29 or 5923.21 of the Revised
Code.
(B)
Except as otherwise provided in section 3321.01 of the Revised Code
for admittance to kindergarten and first grade, a child who is at
least five but under twenty-two years of age and any preschool child
with a disability shall be admitted to school as provided in this
division.
(1)
A child shall be admitted to the schools of the school district in
which the child's parent resides.
(2)
Except as provided in division (B)(4) of this section or division (B)
of section 2151.362 and section 3317.30 of the Revised Code, a child
who does not reside in the district where the child's parent resides
shall be admitted to the schools of the district in which the child
resides if any of the following applies:
(a)
The child is in the legal or permanent custody of a government agency
or a person other than the child's natural or adoptive parent.
(b)
The child resides in a home.
(c)
The child requires special education.
(3)
A child who is not entitled under division (B)(2) of this section to
be admitted to the schools of the district where the child resides
and who is residing with a resident of this state with whom the child
has been placed for adoption shall be admitted to the schools of the
district where the child resides unless either of the following
applies:
(a)
The placement for adoption has been terminated.
(b)
Another school district is required to admit the child under division
(B)(1) of this section.
(4)(a)
A child who does not reside in the district where the child's parent
resides is not required to be admitted to the schools of the district
in which the child resides if both of the following apply:
(i)
The child resides in a home, or in a facility similarly licensed in
another state, and the child was placed in the home or facility by
the child's parent in consultation with, and upon the recommendation
of, the Ohio resilience through integrated systems and excellence
program for children and youth involved in multiple state systems.
(ii)
The home provides education services that meet the minimum education
standards under division (D)(2) of section 3301.07 of the Revised
Code or, in the case of a facility located in another state, meets
substantially similar requirements of the jurisdiction where the
facility is located, except that the home or facility may provide the
child with less than the minimum number of instructional hours
required only as necessary to accommodate the child's treatment
program.
(b)
Upon a child's admission to a home pursuant to division (B)(4)(a) of
this section, the home shall notify the district where the child's
parent resides and the district where the home is located that the
home is providing educational services to the child until the child
is discharged. Upon a child's admission to a facility located in
another state pursuant to division (B)(4)(a) of this section, the
facility shall notify the district where the child's parent resides
that the facility is providing educational services to the child
until the child is discharged. In either case, the district where the
child's parent resides shall continue to enroll the student as
provided in division (C)(5) of this section and shall excuse the
child from attendance until the child is discharged from the home or
facility.
(c)
Upon a child's discharge from a home or facility, the home or
facility shall notify the district where the child's parent resides.
The home or facility and the district shall collaborate on a
supportive reentry plan into school for the child.
Division
(B) of this section does not prohibit the board of education of a
school district from placing a child with a disability who resides in
the district in a special education program outside of the district
or its schools in compliance with Chapter 3323. of the Revised Code.
(C)
A district shall not charge tuition for children admitted under
division (B)(1) or (3) of this section. If the district admits a
child under division (B)(2) of this section, tuition shall be paid to
the district that admits the child as provided in divisions (C)(1) to
(3) of this section, unless division (C)(4) of this section applies
to the child:
(1)
If the child receives special education in accordance with Chapter
3323. of the Revised Code, the school district of residence, as
defined in section 3323.01 of the Revised Code, shall pay tuition for
the child in accordance with section 3323.091, 3323.13, 3323.14, or
3323.141 of the Revised Code regardless of who has custody of the
child or whether the child resides in a home.
(2)
For a child that does not receive special education in accordance
with Chapter 3323. of the Revised Code, except as otherwise provided
in division (C)(2)(d) of this section, if the child is in the
permanent or legal custody of a government agency or person other
than the child's parent, tuition shall be paid by:
(a)
The district in which the child's parent resided at the time the
court removed the child from home or at the time the court vested
legal or permanent custody of the child in the person or government
agency, whichever occurred first;
(b)
If the parent's residence at the time the court removed the child
from home or placed the child in the legal or permanent custody of
the person or government agency is unknown, tuition shall be paid by
the district in which the child resided at the time the child was
removed from home or placed in legal or permanent custody, whichever
occurred first;
(c)
If a school district cannot be established under division (C)(2)(a)
or (b) of this section, tuition shall be paid by the district
determined as required by section 2151.362 of the Revised Code by the
court at the time it vests custody of the child in the person or
government agency;
(d)
If at the time the court removed the child from home or vested legal
or permanent custody of the child in the person or government agency,
whichever occurred first, one parent was in a residential or
correctional facility or a juvenile residential placement and the
other parent, if living and not in such a facility or placement, was
not known to reside in this state, tuition shall be paid by the
district determined under division (D) of section 3313.65 of the
Revised Code as the district required to pay any tuition while the
parent was in such facility or placement;
(e)
If the department of education and workforce has determined, pursuant
to division (A)(2) of section 2151.362 of the Revised Code, that a
school district other than the one named in the court's initial
order, or in a prior determination of the department, is responsible
to bear the cost of educating the child, the district so determined
shall be responsible for that cost.
(3)
If the child is not in the permanent or legal custody of a government
agency or person other than the child's parent and the child resides
in a home, tuition shall be paid by one of the following:
(a)
The school district in which the child's parent resides;
(b)
If the child's parent is not a resident of this state, the home in
which the child resides.
(4)
Division (C)(4) of this section applies to any child who is admitted
to a school district under division (B)(2) of this section, resides
in a home that is not a foster home, a home maintained by the
department of youth services, a detention facility established under
section 2152.41 of the Revised Code, or a juvenile facility
established under section 2151.65 of the Revised Code, and receives
educational services at the home or facility in which the child
resides pursuant to a contract between the home or facility and the
school district providing those services.
If
a child to whom division (C)(4) of this section applies is a special
education student, a district may choose whether to receive a tuition
payment for that child under division (C)(4) of this section or to
receive a payment for that child under section 3323.14 of the Revised
Code. If a district chooses to receive a payment for that child under
section 3323.14 of the Revised Code, it shall not receive a tuition
payment for that child under division (C)(4) of this section.
If
a child to whom division (C)(4) of this section applies is not a
special education student, a district shall receive a tuition payment
for that child under division (C)(4) of this section.
In
the case of a child to which division (C)(4) of this section applies,
the total educational cost to be paid for the child shall be
determined by a formula approved by the department of education and
workforce, which formula shall be designed to calculate a per diem
cost for the educational services provided to the child for each day
the child is served and shall reflect the total actual cost incurred
in providing those services. The department shall certify the total
educational cost to be paid for the child to both the school district
providing the educational services and, if different, the school
district that is responsible to pay tuition for the child. The
department shall deduct the certified amount from the state basic aid
funds payable under Chapter 3317. of the Revised Code to the district
responsible to pay tuition and shall pay that amount to the district
providing the educational services to the child.
(5)
In the case of a child to whom division (B)(4) of this section
applies, and except as otherwise provided in division (C)(5)(f) of
this section, tuition shall be paid to the home or facility for
educational services provided to the child by the school district in
which the child's parent resides according to the following:
(a)
The total educational cost to be paid for the child shall be
determined by a formula approved by the department of education and
workforce. The department shall design the formula to calculate a per
diem cost for the educational services provided to the child for each
day the child is served and shall reflect the total actual cost
incurred in providing those services. The department shall certify
the total educational cost to be paid for the child to both the home
or facility providing the educational services and the district that
is responsible to pay the tuition for the child. The department shall
deduct the certified amount from the state basic aid funds payable
under Chapter 3317. of the Revised Code to the district responsible
to pay tuition and shall pay that amount to the home or facility
providing the educational services to the child.
(b)
The district responsible to pay tuition shall continue to report the
child in its enrollment for purposes of section 3317.03 of the
Revised Code.
(c)
If the parent's residence changes to a different school district
while the child resides in the home or facility, the department of
education and workforce may re-determine the school district
responsible for tuition based on evidence provided by the district
currently responsible for tuition.
(d)
Upon a child's discharge from the home or facility, the home or
facility shall immediately notify the district where the child's
parent resides and the department of education and workforce. The
notification shall include a certified transcript of all coursework
completed by the child while residing in the home or facility. The
district where the child's parent resides shall accept all coursework
completed by the child while in the home or facility and shall award
credit for that coursework in accordance with district policy.
(e)
Following discharge from the home or facility and return to the
parent's residence, high school students shall meet requirements
under section 3313.618 of the Revised Code in order to qualify for a
high school diploma that are no more stringent than those that apply
to students who enroll into an Ohio public or chartered nonpublic
high school after receiving a home education under section 3321.042
of the Revised Code.
(f)
If the child is provided educational services by a chartered
nonpublic school while residing in a home and the child has been
awarded a scholarship under a state scholarship program, as defined
in section 3301.0711 of the Revised Code, no school district shall be
responsible for paying tuition under division (C)(5) of this section.
(D)
Tuition required to be paid under divisions (C)(2) and (3)(a) of this
section shall be computed in accordance with section 3317.08 of the
Revised Code. Tuition required to be paid under division (C)(3)(b) of
this section shall be computed in accordance with section 3317.081 of
the Revised Code. If a home fails to pay the tuition required by
division (C)(3)(b) of this section, the board of education providing
the education may recover in a civil action the tuition and the
expenses incurred in prosecuting the action, including court costs
and reasonable attorney's fees. If the prosecuting attorney or city
director of law represents the board in such action, costs and
reasonable attorney's fees awarded by the court, based upon the
prosecuting attorney's, director's, or one of their designee's time
spent preparing and presenting the case, shall be deposited in the
county or city general fund.
(E)
A board of education may enroll a child free of any tuition
obligation for a period not to exceed sixty days, on the sworn
statement of an adult resident of the district that the resident has
initiated legal proceedings for custody of the child.
(F)
In the case of any individual entitled to attend school under this
division, no tuition shall be charged by the school district of
attendance and no other school district shall be required to pay
tuition for the individual's attendance. Notwithstanding division
(B), (C), or (E) of this section:
(1)
All persons at least eighteen but under twenty-two years of age who
live apart from their parents, support themselves by their own labor,
and have not successfully completed the high school curriculum or the
individualized education program developed for the person by the high
school pursuant to section 3323.08 of the Revised Code, are entitled
to attend school in the district in which they reside.
(2)
Any child under eighteen years of age who is married is entitled to
attend school in the child's district of residence.
(3)
A child is entitled to attend school in the district in which either
of the child's parents is employed if the child has a medical
condition that may require emergency medical attention. The parent of
a child entitled to attend school under division (F)(3) of this
section shall submit to the board of education of the district in
which the parent is employed a statement from the child's physician,
certified nurse-midwife, clinical nurse specialist, or certified
nurse practitioner certifying that the child's medical condition may
require emergency medical attention. The statement shall be supported
by such other evidence as the board may require.
(4)
Any child residing with a person other than the child's parent is
entitled, for a period not to exceed twelve months, to attend school
in the district in which that person resides if the child's parent
files an affidavit with the superintendent of the district in which
the person with whom the child is living resides stating all of the
following:
(a)
That the parent is serving outside of the state in the armed services
of the United States;
(b)
That the parent intends to reside in the district upon returning to
this state;
(c)
The name and address of the person with whom the child is living
while the parent is outside the state.
(5)
Any child under the age of twenty-two years who, after the death of a
parent, resides in a school district other than the district in which
the child attended school at the time of the parent's death is
entitled to continue to attend school in the district in which the
child attended school at the time of the parent's death for the
remainder of the school year, subject to approval of that district
board.
(6)
A child under the age of twenty-two years who resides with a parent
who is having a new house built in a school district outside the
district where the parent is residing is entitled to attend school
for a period of time in the district where the new house is being
built. In order to be entitled to such attendance, the parent shall
provide the district superintendent with the following:
(a)
A sworn statement explaining the situation, revealing the location of
the house being built, and stating the parent's intention to reside
there upon its completion;
(b)
A statement from the builder confirming that a new house is being
built for the parent and that the house is at the location indicated
in the parent's statement.
(7)
A child under the age of twenty-two years residing with a parent who
has a contract to purchase a house in a school district outside the
district where the parent is residing and who is waiting upon the
date of closing of the mortgage loan for the purchase of such house
is entitled to attend school for a period of time in the district
where the house is being purchased. In order to be entitled to such
attendance, the parent shall provide the district superintendent with
the following:
(a)
A sworn statement explaining the situation, revealing the location of
the house being purchased, and stating the parent's intent to reside
there;
(b)
A statement from a real estate broker or bank officer confirming that
the parent has a contract to purchase the house, that the parent is
waiting upon the date of closing of the mortgage loan, and that the
house is at the location indicated in the parent's statement.
The
district superintendent shall establish a period of time not to
exceed ninety days during which the child entitled to attend school
under division (F)(6) or (7) of this section may attend without
tuition obligation. A student attending a school under division
(F)(6) or (7) of this section shall be eligible to participate in
interscholastic athletics under the auspices of that school, provided
the board of education of the school district where the student's
parent resides, by a formal action, releases the student to
participate in interscholastic athletics at the school where the
student is attending, and provided the student receives any
authorization required by a public agency or private organization of
which the school district is a member exercising authority over
interscholastic sports.
(8)
A child whose parent is a full-time employee of a city, local, or
exempted village school district, or of an educational service
center, may be admitted to the schools of the district where the
child's parent is employed, or in the case of a child whose parent is
employed by an educational service center, in the district that
serves the location where the parent's job is primarily located,
provided the district board of education establishes such an
admission policy by resolution adopted by a majority of its members.
Any such policy shall take effect on the first day of the school year
and the effective date of any amendment or repeal may not be prior to
the first day of the subsequent school year. The policy shall be
uniformly applied to all such children and shall provide for the
admission of any such child upon request of the parent. No child may
be admitted under this policy after the first day of classes of any
school year.
(9)
A child who is with the child's parent under the care of a shelter
for victims of domestic violence, as defined in section 3113.33 of
the Revised Code, is entitled to attend school free in the district
in which the child is with the child's parent, and no other school
district shall be required to pay tuition for the child's attendance
in that school district.
The
enrollment of a child in a school district under this division shall
not be denied due to a delay in the school district's receipt of any
records required under section 3313.672 of the Revised Code or any
other records required for enrollment. Any days of attendance and any
credits earned by a child while enrolled in a school district under
this division shall be transferred to and accepted by any school
district in which the child subsequently enrolls. The department of
education and workforce shall adopt rules to ensure compliance with
this division.
(10)
Any child under the age of twenty-two years whose parent has moved
out of the school district after the commencement of classes in the
child's senior year of high school is entitled, subject to the
approval of that district board, to attend school in the district in
which the child attended school at the time of the parental move for
the remainder of the school year and for one additional semester or
equivalent term. A district board may also adopt a policy specifying
extenuating circumstances under which a student may continue to
attend school under division (F)(10) of this section for an
additional period of time in order to successfully complete the high
school curriculum for the individualized education program developed
for the student by the high school pursuant to section 3323.08 of the
Revised Code.
(11)
As used in this division, "grandparent" means a parent of a
parent of a child. A child under the age of twenty-two years who is
in the custody of the child's parent, resides with a grandparent, and
does not require special education is entitled to attend the schools
of the district in which the child's grandparent resides, provided
that, prior to such attendance in any school year, the board of
education of the school district in which the child's grandparent
resides and the board of education of the school district in which
the child's parent resides enter into a written agreement specifying
that good cause exists for such attendance, describing the nature of
this good cause, and consenting to such attendance.
In
lieu of a consent form signed by a parent, a board of education may
request the grandparent of a child attending school in the district
in which the grandparent resides pursuant to division (F)(11) of this
section to complete any consent form required by the district,
including any authorization required by sections 3313.712, 3313.713,
3313.716, and 3313.718 of the Revised Code. Upon request, the
grandparent shall complete any consent form required by the district.
A school district shall not incur any liability solely because of its
receipt of a consent form from a grandparent in lieu of a parent.
Division
(F)(11) of this section does not create, and shall not be construed
as creating, a new cause of action or substantive legal right against
a school district, a member of a board of education, or an employee
of a school district. This section does not affect, and shall not be
construed as affecting, any immunities from defenses to tort
liability created or recognized by Chapter 2744. of the Revised Code
for a school district, member, or employee.
(12)
A child under the age of twenty-two years is entitled to attend
school in a school district other than the district in which the
child is entitled to attend school under division (B), (C), or (E) of
this section provided that, prior to such attendance in any school
year, both of the following occur:
(a)
The superintendent of the district in which the child is entitled to
attend school under division (B), (C), or (E) of this section
contacts the superintendent of another district for purposes of this
division;
(b)
The superintendents of both districts enter into a written agreement
that consents to the attendance and specifies that the purpose of
such attendance is to protect the student's physical or mental
well-being or to deal with other extenuating circumstances deemed
appropriate by the superintendents.
While
an agreement is in effect under this division for a student who is
not receiving special education under Chapter 3323. of the Revised
Code and notwithstanding Chapter 3327. of the Revised Code, the board
of education of neither school district involved in the agreement is
required to provide transportation for the student to and from the
school where the student attends.
A
student attending a school of a district pursuant to this division
shall be allowed to participate in all student activities, including
interscholastic athletics, at the school where the student is
attending on the same basis as any student who has always attended
the schools of that district while of compulsory school age.
(13)
All school districts shall comply with the "McKinney-Vento
Homeless Assistance Act," 42 U.S.C.A. 11431 et seq., for the
education of homeless children. Each city, local, and exempted
village school district shall comply with the requirements of that
act governing the provision of a free, appropriate public education,
including public preschool, to each homeless child.
When
a child loses permanent housing and becomes a homeless person, as
defined in 42 U.S.C.A. 11481(5), or when a child who is such a
homeless person changes temporary living arrangements, the child's
parent or guardian shall have the option of enrolling the child in
either of the following:
(a)
The child's school of origin, as defined in 42 U.S.C.A.
11432(g)(3)(C);
(b)
The school that is operated by the school district in which the
shelter where the child currently resides is located and that serves
the geographic area in which the shelter is located.
(14)
A child under the age of twenty-two years who resides with a person
other than the child's parent is entitled to attend school in the
school district in which that person resides if both of the following
apply:
(a)
That person has been appointed, through a military power of attorney
executed under section 574(a) of the "National Defense
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993),
10 U.S.C. 1044b, or through a comparable document necessary to
complete a family care plan, as the parent's agent for the care,
custody, and control of the child while the parent is on active duty
as a member of the national guard or a reserve unit of the armed
forces of the United States or because the parent is a member of the
armed forces of the United States and is on a duty assignment away
from the parent's residence.
(b)
The military power of attorney or comparable document includes at
least the authority to enroll the child in school.
The
entitlement to attend school in the district in which the parent's
agent under the military power of attorney or comparable document
resides applies until the end of the school year in which the
military power of attorney or comparable document expires.
(G)
A board of education, after approving admission, may waive tuition
for students who will temporarily reside in the district and who are
either of the following:
(1)
Residents or domiciliaries of a foreign nation who request admission
as foreign exchange students;
(2)
Residents or domiciliaries of the United States but not of Ohio who
request admission as participants in an exchange program operated by
a student exchange organization.
(H)
Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04, 3327.04,
and 3327.06 of the Revised Code, a child may attend school or
participate in a special education program in a school district other
than in the district where the child is entitled to attend school
under division (B) of this section.
(I)(1)
Notwithstanding anything to the contrary in this section or section
3313.65 of the Revised Code, a child under twenty-two years of age
may attend school in the school district in which the child, at the
end of the first full week of October of the school year, was
entitled to attend school as otherwise provided under this section or
section 3313.65 of the Revised Code, if at that time the child was
enrolled in the schools of the district but since that time the child
or the child's parent has relocated to a new address located outside
of that school district and within the same county as the child's or
parent's address immediately prior to the relocation. The child may
continue to attend school in the district, and at the school to which
the child was assigned at the end of the first full week of October
of the current school year, for the balance of the school year.
Division (I)(1) of this section applies only if both of the following
conditions are satisfied:
(a)
The board of education of the school district in which the child was
entitled to attend school at the end of the first full week in
October and of the district to which the child or child's parent has
relocated each has adopted a policy to enroll children described in
division (I)(1) of this section.
(b)
The child's parent provides written notification of the relocation
outside of the school district to the superintendent of each of the
two school districts.
(2)
At the beginning of the school year following the school year in
which the child or the child's parent relocated outside of the school
district as described in division (I)(1) of this section, the child
is not entitled to attend school in the school district under that
division.
(3)
Any person or entity owing tuition to the school district on behalf
of the child at the end of the first full week in October, as
provided in division (C) of this section, shall continue to owe such
tuition to the district for the child's attendance under division
(I)(1) of this section for the lesser of the balance of the school
year or the balance of the time that the child attends school in the
district under division (I)(1) of this section.
(4)
A pupil who may attend school in the district under division (I)(1)
of this section shall be entitled to transportation services pursuant
to an agreement between the district and the district in which the
child or child's parent has relocated unless the districts have not
entered into such agreement, in which case the child shall be
entitled to transportation services in the same manner as a pupil
attending school in the district under interdistrict open enrollment
as described in division (E) of section 3313.981 of the Revised Code,
regardless of whether the district has adopted an open enrollment
policy as described in division (B)(1)(b) or (c) of section 3313.98
of the Revised Code.
(J)
This division does not apply to a child receiving special education.
A
school district required to pay tuition pursuant to division (C)(2)
or (3) of this section or section 3313.65 of the Revised Code shall
have an amount deducted under division (C) of section 3317.023 of the
Revised Code equal to its own tuition rate for the same period of
attendance. A school district entitled to receive tuition pursuant to
division (C)(2) or (3) of this section or section 3313.65 of the
Revised Code shall have an amount credited under division (C) of
section 3317.023 of the Revised Code equal to its own tuition rate
for the same period of attendance. If the tuition rate credited to
the district of attendance exceeds the rate deducted from the
district required to pay tuition, the department of education and
workforce shall pay the district of attendance the difference from
amounts deducted from all districts' payments under division (C) of
section 3317.023 of the Revised Code but not credited to other school
districts under such division and from appropriations made for such
purpose. The treasurer of each school district shall, by the
fifteenth day of January and July, furnish the director of education
and workforce a report of the names of each child who attended the
district's schools under divisions (C)(2) and (3) of this section or
section 3313.65 of the Revised Code during the preceding six calendar
months, the duration of the attendance of those children, the school
district responsible for tuition on behalf of the child, and any
other information that the director requires.
Upon
receipt of the report the director, pursuant to division (C) of
section 3317.023 of the Revised Code, shall deduct each district's
tuition obligations under divisions (C)(2) and (3) of this section or
section 3313.65 of the Revised Code and pay to the district of
attendance that amount plus any amount required to be paid by the
state.
(K)
In the event of a disagreement, the director of education and
workforce shall determine the school district in which the parent
resides.
(L)
Nothing in this section requires or authorizes, or shall be construed
to require or authorize, the admission to a public school in this
state of a pupil who has been permanently excluded from public school
attendance by the director pursuant to sections 3301.121 and 3313.662
of the Revised Code.
(M)
In accordance with division (B)(1) of this section, a child whose
parent is a member of the national guard or a reserve unit of the
armed forces of the United States and is called to active duty, or a
child whose parent is a member of the armed forces of the United
States and is ordered to a temporary duty assignment outside of the
district, may continue to attend school in the district in which the
child's parent lived before being called to active duty or ordered to
a temporary duty assignment outside of the district, as long as the
child's parent continues to be a resident of that district, and
regardless of where the child lives as a result of the parent's
active duty status or temporary duty assignment. However, the
district is not responsible for providing transportation for the
child if the child lives outside of the district as a result of the
parent's active duty status or temporary duty assignment.
Sec.
3313.666.
(A)
As used in this section:
(1)
"Electronic act" means an act committed through the use of
a cellular telephone, computer, pager, personal communication device,
or other electronic communication device.
(2)
"Harassment, intimidation, or bullying" means either of the
following:
(a)
Any intentional written, verbal, electronic, or physical act that a
student has exhibited toward another particular student more than
once and the behavior both:
(i)
Causes mental or physical harm to the other student;
(ii)
Is sufficiently severe, persistent, or pervasive that it creates an
intimidating, threatening, or abusive educational environment for the
other student.
(b)
Violence within a dating relationship.
(B)
The board of education of each city, local, exempted village, and
joint vocational school district shall establish a policy prohibiting
harassment, intimidation, or bullying. The policy shall be developed
in consultation with parents, school employees, school volunteers,
students, and community members. The policy shall include the
following:
(1)
A statement prohibiting harassment, intimidation, or bullying of any
student on school property, on a school bus, or at school-sponsored
events and expressly providing for the possibility of suspension of a
student found responsible for harassment, intimidation, or bullying
by an electronic act;
(2)
A definition of harassment, intimidation, or bullying that includes
the definition in division (A) of this section;
(3)
A procedure for reporting prohibited incidents;
(4)
A requirement that school personnel report prohibited incidents of
which they are aware to the school principal or other administrator
designated by the principal;
(5)
A requirement that the
custodial
parents,
designated
parent
and legal custodian,
or guardian of any student involved in a prohibited incident be
notified and, to the extent permitted by section 3319.321 of the
Revised Code and the "Family Educational Rights and Privacy Act
of 1974," 88 Stat. 571, 20 U.S.C. 1232g, as amended, have access
to any written reports pertaining to the prohibited incident;
(6)
A procedure for documenting any prohibited incident that is reported;
(7)
A procedure for responding to and investigating any reported
incident;
(8)
A strategy for protecting a victim or other person from new or
additional harassment, intimidation, or bullying, and from
retaliation following a report, including a means by which a person
may report an incident anonymously;
(9)
A disciplinary procedure for any student guilty of harassment,
intimidation, or bullying, which shall not infringe on any student's
rights under the first amendment to the Constitution of the United
States;
(10)
A statement prohibiting students from deliberately making false
reports of harassment, intimidation, or bullying and a disciplinary
procedure for any student responsible for deliberately making a false
report of that nature;
(11)
A requirement that the district administration semiannually provide
the president of the district board a written summary of all reported
incidents and post the summary on its web site, if the district has a
web site, to the extent permitted by section 3319.321 of the Revised
Code and the "Family Educational Rights and Privacy Act of
1974," 88 Stat. 571, 20 U.S.C. 1232g, as amended.
(C)
Each board's policy shall appear in any student handbooks, and in any
of the publications that set forth the comprehensive rules,
procedures, and standards of conduct for schools and students in the
district. The policy and an explanation of the seriousness of
bullying by electronic means shall be made available to students in
the district and to their
custodial
parents
,
designated parent and legal custodian,
or guardians. Information regarding the policy shall be incorporated
into employee training materials.
(D)(1)
To the extent that state or federal funds are appropriated for this
purpose, each board shall require that all students enrolled in the
district annually be provided with age-appropriate instruction, as
determined by the board, on the board's policy, including a written
or verbal discussion of the consequences for violations of the
policy.
(2)
Each board shall require that once each school year a written
statement describing the policy and the consequences for violations
of the policy be sent to each student's
custodial
parent
parents,
designated parent and legal custodian,
or
guardian. The statement may be sent with regular student report cards
or may be delivered electronically.
(E)
A school district employee, student, or volunteer shall be
individually immune from liability in a civil action for damages
arising from reporting an incident in accordance with a policy
adopted pursuant to this section if that person reports an incident
of harassment, intimidation, or bullying promptly in good faith and
in compliance with the procedures as specified in the policy.
(F)
Except as provided in division (E) of this section, nothing in this
section prohibits a victim from seeking redress under any other
provision of the Revised Code or common law that may apply.
(G)
This section does not create a new cause of action or a substantive
legal right for any person.
(H)
Each board shall update the policy adopted under this section to
include violence within a dating relationship and harassment,
intimidation, or bullying by electronic means.
Sec.
3313.672.
(A)(1)
At the time of initial entry to a public or nonpublic school, a pupil
shall present to the person in charge of admission any records given
the pupil by the public or nonpublic elementary or secondary school
the pupil most recently attended; a certified copy of an order or
decree, or modification of such an order or decree allocating
parental rights and
parenting
responsibilities
for
the care of a child
and
designating a
residential
designated
parent
and legal custodian of the child, as provided in division (B) of this
section, if that type of order or decree has been issued; a copy of a
power of attorney or caretaker authorization affidavit, if either has
been executed with respect to the child pursuant to sections 3109.51
to 3109.80 of the Revised Code; and a certification of birth issued
pursuant to Chapter 3705. of the Revised Code, a comparable
certificate or certification issued pursuant to the statutes of
another state, territory, possession, or nation, or a document in
lieu of a certificate or certification as described in divisions
(A)(1)(a) to (e) of this section. Any of the following shall be
accepted in lieu of a certificate or certification of birth by the
person in charge of admission:
(a)
A passport or attested transcript of a passport filed with a
registrar of passports at a point of entry of the United States
showing the date and place of birth of the child;
(b)
An attested transcript of the certificate of birth;
(c)
An attested transcript of the certificate of baptism or other
religious record showing the date and place of birth of the child;
(d)
An attested transcript of a hospital record showing the date and
place of birth of the child;
(e)
A birth affidavit.
(2)
If a pupil requesting admission to a school of the school district in
which the pupil is entitled to attend school under section 3313.64 or
3313.65 of the Revised Code has been discharged or released from the
custody of the department of youth services under section 5139.51 of
the Revised Code just prior to requesting admission to the school, no
school official shall admit that pupil until the records described in
divisions (D)(4)(a) to (d) of section 2152.18 of the Revised Code
have been received by the superintendent of the school district.
(3)
No public or nonpublic school official shall deny a protected child
admission to the school solely because the child does not present a
birth certificate described in division (A)(1) of this section, a
comparable certificate or certification from another state,
territory, possession, or nation, or another document specified in
divisions (A)(1)(a) to (e) of this section upon registration for
entry into the school. However, the protected child, or the parent,
legal
custodian,
or guardian of that child, shall present a birth certificate or other
document specified in divisions (A)(1)(a) to (e) of this section to
the person in charge of admission of the school within ninety days
after the child's initial entry into the school.
(4)
Except as otherwise provided in division (A)(2) or (3) of this
section, within twenty-four hours of the entry into the school of a
pupil described in division (A)(1) of this section, a school official
shall request the pupil's official records from the public or
nonpublic elementary or secondary school the pupil most recently
attended. If the public or nonpublic school the pupil claims to have
most recently attended indicates that it has no record of the pupil's
attendance or the records are not received within fourteen days of
the date of request, or if the pupil does not present a certification
of birth described in division (A)(1) of this section, a comparable
certificate or certification from another state, territory,
possession, or nation, or another document specified in divisions
(A)(1)(a) to (e) of this section, the principal or chief
administrative officer of the school shall notify the law enforcement
agency having jurisdiction in the area where the pupil resides of
this fact and of the possibility that the pupil may be a missing
child, as defined in section 2901.30 of the Revised Code.
(B)(1)
Whenever an order or decree allocating parental rights and
parenting
responsibilities
for
the care of a child and designating a residential parent and legal
custodian of the child, including a temporary order,
is issued
resulting from an action of divorce, alimony, annulment, or
dissolution of marriage
,
including
a temporary order,
and
the order or decree pertains to a child who is a pupil in a public or
nonpublic school, the
residential
designated
parent
or
legal custodian
of
the child shall notify the school of those allocations and
designations by providing
shall
provide
the
person
in charge of admission at the pupil's
school
with a certified copy of the order or decree
that made the allocation and designation
.
Whenever there is a modification of any order or decree allocating
parental rights and
parenting
responsibilities
for the care of a child and designating a residential parent and
legal custodian of the child that has been submitted to a school
,
the
residential
a
designated
parent
or legal custodian
shall provide the
person
in charge of admission at the pupil's
school
with a certified copy of the order or decree
that makes the modification
.
(2)
Whenever a power of attorney is executed under sections 3109.51 to
3109.62 of the Revised Code that pertains to a child who is a pupil
in a public or nonpublic school, the attorney in fact shall notify
the school of the power of attorney by providing the person in charge
of admission with a copy of the power of attorney. Whenever a
caretaker authorization affidavit is executed under sections 3109.64
to 3109.73 of the Revised Code that pertains to a child who is in a
public or nonpublic school, the grandparent who executed the
affidavit shall notify the school of the affidavit by providing the
person in charge of admission with a copy of the affidavit.
(C)
If, at the time of a pupil's initial entry to a public or nonpublic
school, the pupil is under the care of a shelter for victims of
domestic violence, as defined in section 3113.33 of the Revised Code,
the pupil or the pupil's parent
or
legal custodian
shall
notify the school of that fact. Upon being so informed, the school
shall inform the elementary or secondary school from which it
requests the pupil's records of that fact.
(D)
Whenever a public or nonpublic school is notified by a law
enforcement agency pursuant to division (D) of section 2901.30 of the
Revised Code that a missing child report has been filed regarding a
pupil who is currently or was previously enrolled in the school, the
person in charge of admission at the school shall mark that pupil's
records in such a manner that whenever a copy of or information
regarding the records is requested, any school official responding to
the request is alerted to the fact that the records are those of a
missing child. Upon any request for a copy of or information
regarding a pupil's records that have been so marked, the person in
charge of admission immediately shall report the request to the law
enforcement agency that notified the school that the pupil is a
missing child. When forwarding a copy of or information from the
pupil's records in response to a request, the person in charge of
admission shall do so in such a way that the receiving district or
school would be unable to discern that the pupil's records are marked
pursuant to this division but shall retain the mark in the pupil's
records until notified that the pupil is no longer a missing child.
Upon notification by a law enforcement agency that a pupil is no
longer a missing child, the person in charge of admission shall
remove the mark from the pupil's records in such a way that if the
records were forwarded to another district or school, the receiving
district or school would be unable to discern that the records were
ever marked.
(E)
As used in this section:
(1)
"Protected child" means a child placed in a foster home, as
that term is defined in section 5103.02 of the Revised Code, or in a
residential facility.
(2)
"Residential facility" means a group home for children,
children's crisis care facility, children's residential center,
residential parenting facility that provides twenty-four-hour child
care, county children's home, or district children's home.
Sec.
3313.712.
As
used in this section, "parent" means parent as defined in
section 3321.01 of the Revised Code.
(A)
Annually the board of education of each city, exempted village,
local, and joint vocational school district shall, before the first
day of October, provide to the parent of every pupil enrolled in
schools under the board's jurisdiction, an emergency medical
authorization form that is an identical copy of the form contained in
division (B) of this section. Thereafter, the board shall, within
thirty days after the entry of any pupil into a public school in this
state for the first time, provide
his
the pupil's
parent, either as part of any registration form which is in use in
the district, or as a separate form, an identical copy of the form
contained in division (B) of this section. When the form is returned
to the school with Part I or Part II completed, the school shall keep
the form on file, and shall send the form to any school of a city,
exempted village, local, or joint vocational school district to which
the pupil is transferred. Upon request of
his
a pupil's
parent, authorities of the school in which the pupil is enrolled may
permit the parent to make changes in a previously filed form, or to
file a new form.
If
a parent does not wish to give such written permission,
he
the parent
shall indicate in the proper place on the form the procedure
he
the parent
wishes school authorities to follow in the event of a medical
emergency involving
his
the parent's
child.
Even
if a parent gives written consent for emergency medical treatment,
when a pupil becomes ill or is injured and requires emergency medical
treatment while under school authority, or while engaged in an
extra-curricular activity authorized by the appropriate school
authorities, the authorities of
his
the pupil's
school shall make reasonable attempts to contact the parent before
treatment is given. The school shall present the pupil's emergency
medical authorization form or copy thereof to the hospital or
practitioner rendering treatment.
Nothing
in this section shall be construed to impose liability on any school
official or school employee who, in good faith, attempts to comply
with this section.
(B)
The emergency medical authorization form provided for in division (A)
of this section is as follows:
"EMERGENCY
MEDICAL AUTHORIZATION
School
____________________
Student
Name __________________
___________________________
Address
_______________________
___________________________
_______________________________
___________________________
Telephone
_____________________
Purpose
- To enable parents and guardians to authorize the provision of
emergency treatment for children who become ill or injured while
under school authority, when parents or guardians cannot be reached.
Residential
Parent
or Guardian
Mother's
Name _____________
Daytime
Phone _________________
Father's
Name _____________
Daytime
Phone _________________
Other's
Name ______________
Daytime
Phone _________________
Name
of Relative or Childcare Provider
____________________________
Relationship
__________________
Address
____________________
Phone
_________________________
PART
I OR II MUST BE COMPLETED
PART
I - TO GRANT CONSENT
I
hereby give consent for the following medical care providers and
local hospital to be called:
Doctor
_____________________
Phone
_________________________
Dentist
____________________
Phone
_________________________
Medical
Specialist _________
Phone
_________________________
Local
Hospital _____________
Emergency
Room Phone __________
In
the event reasonable attempts to contact me have been unsuccessful, I
hereby give my consent for (1) the administration of any treatment
deemed necessary by above-named doctor, or, in the event the
designated preferred practitioner is not available, by another
licensed physician or dentist; and (2) the transfer of the child to
any hospital reasonably accessible.
This
authorization does not cover major surgery unless the medical
opinions of two other licensed physicians or dentists, concurring in
the necessity for such surgery, are obtained prior to the performance
of such surgery.
Facts
concerning the child's medical history including allergies,
medications being taken, and any physical impairments to which a
physician should be alerted:
Date
______________________
Signature
of
Parent/Guardian
_________________________________
Address
_____________________
_________________________________
PART
II - REFUSAL TO CONSENT
I
do NOT give my consent for emergency medical treatment of my child.
In the event of illness or injury requiring emergency treatment, I
wish the school authorities to take the following action:
Date
___________________
Signature
of
Parent/Guardian
__________________________________
Address
_________________________________
__________________________________"
Sec.
3313.96.
(A)
As used in this section, "minor," "missing child,"
and "missing children" have the same meanings as in section
2901.30 of the Revised Code.
(B)
Each board of education shall develop within its district
informational programs for students, parents, and community members
relative to missing children issues and matters. Each of these boards
may request copies of the informational materials acquired or
prepared by the missing children clearinghouse pursuant to section
109.65 of the Revised Code and may request assistance from the
clearinghouse in developing its programs.
The
principal or chief administrative officer of a nonpublic school in
this state may develop within
his
the principal's or officer's
school informational programs relative to missing children issues and
matters for students, parents, and community members. The principal
or officer may request copies of the informational materials acquired
or prepared by the missing children clearinghouse and may request
assistance from the clearinghouse in developing its programs.
(C)
Each board of education may develop a fingerprinting program for
students and minors within the district. The principal or chief
administrative officer of a nonpublic school in this state may
develop a fingerprinting program for students of the school. If
developed, the program shall be developed in conjunction with law
enforcement agencies having jurisdiction within the school district
or where the nonpublic school is located and, in the case of a local
school district, in conjunction with the governing board of the
educational service center. Such law enforcement agencies shall
cooperate fully with the board or nonpublic school in the development
of its fingerprinting program.
If
developed, the fingerprinting program shall be developed for the sole
purpose of providing a means by which a missing child might be
located or identified and shall be operated on the following basis:
(1)
No student or minor shall be required to participate in the program.
(2)
In order for a student or minor to participate in the program, the
parents, parent who is the
residential
designated
parent
and legal custodian, guardian, legal custodian, or other person
responsible for the student or minor shall authorize the student's or
minor's participation by signing a form that shall be developed by
the board of education or by the principal or chief administrative
officer of the nonpublic school, for the program.
(3)
The fingerprinting of students or minors shall be performed by
members of the associated law enforcement agencies on fingerprint
sheets provided to the school districts or nonpublic schools by the
bureau of criminal identification and investigation pursuant to
section 109.58 of the Revised Code or on fingerprint sheets or cards
otherwise acquired.
(4)
All fingerprint cards shall be given to the parents, parent who is
the
residential
designated
parent
and legal custodian, guardian, legal custodian, or other person
responsible for a student or minor after the fingerprinting of the
student or minor. No copy of a fingerprinting shall be retained by a
law enforcement agency, school, school district, or any other person
except the student or minor's parent, guardian, or legal custodian.
(5)
The name, sex, hair and eye color, height, weight, and date and place
of birth of the student or minor shall be indicated on the
fingerprint sheet or card.
(6)
The fingerprinting program developed pursuant to this section shall
be offered on a periodic basis. Parents, guardians, legal custodians,
and residents of the districts or in the communities served by the
schools shall be notified periodically of the program and its
purpose. These notifications may be given by means of memoranda or
letters sent to these persons, by newspaper articles, or by other
reasonable means.
(D)
This section does not affect any fingerprinting programs for minors
that are provided by private organizations or governmental entities
other than school districts.
Sec.
3313.98.
Notwithstanding
division (D) of section 3311.19 and division (D) of section 3311.52
of the Revised Code, the provisions of this section and sections
3313.981 to 3313.983 of the Revised Code that apply to a city school
district do not apply to a joint vocational or cooperative education
school district unless expressly specified.
(A)
As used in this section and sections 3313.981 to 3313.983 of the
Revised Code:
(1)
"Parent" means either of the natural or adoptive parents of
a student, except under the following conditions:
(a)
When the marriage of the natural or adoptive parents of the student
has been terminated by a divorce, dissolution of marriage, or
annulment or the natural or adoptive parents of the student are
living separate and apart under a legal separation decree and the
court has issued an order allocating
the
parental
rights and
parenting
responsibilities
with respect to the student
,
"parent" means the
residential
designated
parent
and
legal custodian
as
designated by the court except that "parent" means either
parent when the court
issues
issued
a
shared parenting decree
prior to the effective date of this amendment or approves a parenting
plan under sections 3109.04 to 3109.0498 of the Revised Code
.
(b)
When a court has granted temporary or permanent custody of the
student to an individual or agency other than either of the natural
or adoptive parents of the student, "parent" means the
legal custodian of the child.
(c)
When a court has appointed a guardian for the student, "parent"
means the guardian of the student.
(2)
"Native student" means a student entitled under section
3313.64 or 3313.65 of the Revised Code to attend school in a district
adopting a resolution under this section.
(3)
"Adjacent district" means a city, exempted village, or
local school district having territory that abuts the territory of a
district adopting a resolution under this section.
(4)
"Adjacent district student" means a student entitled under
section 3313.64 or 3313.65 of the Revised Code to attend school in an
adjacent district.
(5)
"Adjacent district joint vocational student" means an
adjacent district student who enrolls in a city, exempted village, or
local school district pursuant to this section and who also enrolls
in a joint vocational school district that does not contain the
territory of the district for which that student is a native student
and does contain the territory of the city, exempted village, or
local district in which the student enrolls.
(6)
"Poverty line" means the poverty line established by the
director of the United States office of management and budget as
revised by the secretary of health and human services in accordance
with section 673(2) of the "Community Services Block Grant Act,"
95 Stat. 1609, 42 U.S.C.A. 9902, as amended.
(7)
"IEP" has the same meaning as in section 3323.01 of the
Revised Code.
(8)
"Other district" means a city, exempted village, or local
school district having territory outside of the territory of a
district adopting a resolution under this section.
(9)
"Other district student" means a student entitled under
section 3313.64 or 3313.65 of the Revised Code to attend school in an
other district.
(10)
"Other district joint vocational student" means a student
who is enrolled in any city, exempted village, or local school
district and who also enrolls in a joint vocational school district
that does not contain the territory of the district for which that
student is a native student in accordance with a policy adopted under
section 3313.983 of the Revised Code.
(11)
"Active duty member" means a member of the armed forces of
the United States who is on full-time duty.
(12)
"Armed forces" means the United States army, navy, air
force, space force, marine corps, and coast guard.
(B)(1)
Subject to division (I) of this section, the board of education of
each city, local, and exempted village school district shall adopt a
resolution establishing for the school district one of the following
policies:
(a)
A policy that entirely prohibits the enrollment of students from
adjacent districts or other districts, other than students for whom
tuition is paid in accordance with section 3317.08 of the Revised
Code;
(b)
A policy that permits enrollment of students from all adjacent
districts in accordance with policy statements contained in the
resolution;
(c)
A policy that permits enrollment of students from all other districts
in accordance with policy statements contained in the resolution.
(2)
A policy permitting enrollment of students from adjacent or from
other districts, as applicable, shall provide for all of the
following:
(a)
Application procedures, including deadlines for application and for
notification of students and the superintendent of the applicable
district whenever an adjacent or other district student's application
is approved.
(b)
Procedures for admitting adjacent or other district applicants free
of any tuition obligation to the district's schools, including, but
not limited to:
(i)
The establishment of district capacity limits by grade level, school
building, and education program;
(ii)
A requirement that all native students wishing to be enrolled in the
district will be enrolled and that any adjacent or other district
students previously enrolled in the district shall receive preference
over first-time applicants;
(iii)
Procedures to ensure that an appropriate racial balance is maintained
in the district schools.
(C)
Except as provided in section 3313.982 of the Revised Code, the
procedures for admitting adjacent or other district students, as
applicable, shall not include:
(1)
Any requirement of academic ability, or any level of athletic,
artistic, or other extracurricular skills;
(2)
Limitations on admitting applicants because of disability, except
that a board may refuse to admit a student receiving services under
Chapter 3323. of the Revised Code, if the services described in the
student's IEP are not available in the district's schools;
(3)
A requirement that the student be proficient in the English language;
(4)
Rejection of any applicant because the student has been subject to
disciplinary proceedings, except that if an applicant has been
suspended or expelled by the student's district for ten consecutive
days or more in the term for which admission is sought or in the term
immediately preceding the term for which admission is sought, the
procedures may include a provision denying admission of such
applicant.
(D)(1)
Each school board permitting only enrollment of adjacent district
students shall provide information about the policy adopted under
this section, including the application procedures and deadlines, to
the superintendent and the board of education of each adjacent
district and, upon request, to the parent of any adjacent district
student.
(2)
Each school board permitting enrollment of other district students
shall provide information about the policy adopted under this
section, including the application procedures and deadlines, upon
request, to the board of education of any other school district or to
the parent of any student anywhere in the state.
(E)
Any school board shall accept all credits toward graduation earned in
adjacent or other district schools by an adjacent or other district
student or a native student.
(F)(1)
No board of education may adopt a policy discouraging or prohibiting
its native students from applying to enroll in the schools of an
adjacent or any other district that has adopted a policy permitting
such enrollment, except that a district may object to the enrollment
of a native student in an adjacent or other district in order to
maintain an appropriate racial balance.
(2)
If a board objects to enrollment of native students under this
division, any adjacent or other district shall refuse to enroll such
native students unless tuition is paid for the students in accordance
with section 3317.08 of the Revised Code. An adjacent or other
district enrolling such students may not receive funding for those
students in accordance with section 3313.981 of the Revised Code.
(G)
The department of education and workforce shall monitor school
districts to ensure compliance with this section and the districts'
policies. The department may adopt rules requiring uniform
application procedures, deadlines for application, notification
procedures, and record-keeping requirements for all school boards
that adopt policies permitting the enrollment of adjacent or other
district students, as applicable. If the department adopts such
rules, no school board shall adopt a policy that conflicts with those
rules.
(H)
A resolution adopted by a board of education under this section that
entirely prohibits the enrollment of students from adjacent and from
other school districts does not abrogate any agreement entered into
under section 3313.841 or 3313.92 of the Revised Code or any contract
entered into under section 3313.90 of the Revised Code between the
board of education adopting the resolution and the board of education
of any adjacent or other district or prohibit these boards of
education from entering into any such agreement or contract.
(I)
Notwithstanding anything to the contrary in this section or section
3313.981 of the Revised Code, all of the following apply:
(1)
A policy adopted by a city, exempted village, or local school
district board of education under division (B)(1)(a) or (b) of this
section shall permit any student who is not a native student of the
district to enroll in the district if both of the following apply:
(a)
The student's parent is an active duty member of the armed forces
stationed in the state.
(b)
The student's parent provides to the district a copy of the parent's
official written order verifying the parent's status as an active
duty member of the armed forces.
(2)
In enrolling a student pursuant to division (I) of this section, a
district shall comply with procedures prescribed under divisions
(B)(2) and (C) of this section, except as provided in division (I)(6)
of this section. In addition, the district shall not require tuition
to be paid for the student's enrollment in the district.
(3)
A student who, pursuant to this division, enrolls in a district that
has adopted a policy under division (B)(1)(a) of this section and who
is not a native student of that district shall, for the purposes of
sections 3313.981, 3315.18, 3317.03, and 3318.011 of the Revised
Code, be considered as an "other district student" who
enrolls in a district that has adopted a policy under division
(B)(1)(c) of this section. Such student also shall receive
transportation services under section 3313.981 of the Revised Code in
the same manner as an "other district student."
(4)
A student who, pursuant to this division, enrolls in a district that
has adopted a policy under division (B)(1)(b) of this section and who
is not a native student of the district or an adjacent district
shall, nevertheless, be considered an "adjacent district
student" for the purposes of sections 3313.981, 3315.18, and
3317.03 of the Revised Code.
(5)
A student who, pursuant to this division, enrolls in a district that
has adopted a policy under division (B)(1)(b) of this section and
whose parent is subsequently discharged or released from active duty
shall be permitted to attend school in that district and receive
transportation services under section 3313.981 of the Revised Code in
the same manner as an "other district student" for the
remainder of the school year in which the parent is discharged or
released from active duty. After the conclusion of that school year,
that student shall not be eligible under this division, as long as
the student does not have a parent on active duty.
(6)
A school district that enrolls a student under division (I) of this
section, or that enrolls a student described in division (I)(1) of
this section under division (B)(1)(c) of this section, shall not
require the student to comply with any application deadline
established under division (B)(2) of this section.
(J)
Nothing in this section shall be construed to permit or require the
board of education of a city, exempted village, or local school
district to exclude any native student of the district from enrolling
in the district.
Sec.
3319.321.
(A)
No person shall release, or permit access to, the directory
information concerning any students attending a public school to any
person or group for use in a profit-making plan or activity.
Notwithstanding division (B)(4) of section 149.43 of the Revised
Code, a person may require disclosure of the requestor's identity or
the intended use of the directory information concerning any students
attending a public school to ascertain whether the directory
information is for use in a profit-making plan or activity.
(B)
No person shall release, or permit access to, personally identifiable
information other than directory information concerning any student
attending a public school, for purposes other than those identified
in division (C), (E), (G), or (H) of this section, without the
written consent of the parent, guardian, or
legal
custodian
of each such student who is less than eighteen years of age, or
without the written consent of each such student who is eighteen
years of age or older.
(1)
For purposes of this section, "directory information"
includes a student's name, address, telephone listing, date and place
of birth, major field of study, participation in officially
recognized activities and sports, weight and height of members of
athletic teams, dates of attendance, date of graduation, and awards
received.
(2)(a)
Except as provided in division (B)(2)(b) of this section, no school
district board of education shall impose any restriction on the
presentation of directory information that it has designated as
subject to release in accordance with the "Family Educational
Rights and Privacy Act of 1974," 88 Stat. 571, 20 U.S.C. 1232q,
as amended, to representatives of the armed forces, business,
industry, charitable institutions, other employers, and institutions
of higher education unless such restriction is uniformly imposed on
each of these types of representatives, except that if a student
eighteen years of age or older or a student's parent, guardian, or
legal
custodian
has informed the board that any or all such information should not be
released without such person's prior written consent, the board shall
not release that information without such person's prior written
consent.
(b)
The names and addresses of students in grades ten through twelve
shall be released to a recruiting officer for any branch of the
United States armed forces who requests such information, except that
such data shall not be released if the student or student's parent,
guardian, or
legal
custodian
submits to the board a written request not to release such data. Any
data received by a recruiting officer shall be used solely for the
purpose of providing information to students regarding military
service and shall not be released to any person other than
individuals within the recruiting services of the armed forces.
(3)
Except for directory information and except as provided in division
(E), (G), or (H) of this section, information covered by this section
that is released shall only be transferred to a third or subsequent
party on the condition that such party will not permit any other
party to have access to such information without written consent of
the parent, guardian, or
legal
custodian,
or of the student who is eighteen years of age or older.
(4)
Except as otherwise provided in this section, any parent of a student
may give the written parental consent required under this section.
Where parents are separated or divorced, the written parental consent
required under this section may be obtained from either parent,
subject to any agreement between such parents or court order
governing the rights of such parents. In the case of a student whose
legal guardian is in an institution, a person independent of the
institution who has no other conflicting interests in the case shall
be appointed by the board of education of the school district in
which the institution is located to give the written parental consent
required under this section.
(5)(a)
A parent
or
legal custodian
of
a student
who is not the student's residential parent
,
upon request, shall be permitted access to any records or information
concerning the student
under the same terms and conditions under which access to the records
or information is available to the residential parent of that
student
,
provided that the access of the parent
who
is not the residential parent
or
legal custodian
is
subject to any agreement between the parents
and legal custodian
,
to division (F) of this section, and, to the extent described in
division (B)(5)(b) of this section, is subject to any court order
issued pursuant to
section
3109.051
sections
3109.0516 to 3109.0519
of
the Revised Code and any other court order governing the rights of
the parents
or legal custodian
.
(b)
If the
residential
parent
or
legal custodian
of
a student has presented the keeper of a record or information that is
related to the student with a copy of an order issued under
division
(H)(1) of
section
3109.051
3109.057
of
the Revised Code that limits the terms and conditions under which the
other
parent
who
is not the residential parent
or
legal custodian
of
the student is to have access to records and information pertaining
to the student or with a copy of any other court order governing the
rights of the parents
or
legal custodian
that
so limits those terms and conditions, and if the order pertains to
the record or information in question, the keeper of the record or
information shall provide access to the
other
parent
who
is not the residential parent
or
legal custodian
only
to the extent authorized in the order. If the
residential
parent
has presented the keeper of the record or information with such an
order, the keeper of the record shall permit the
other
parent
or legal custodian
who
is not the residential parent
to
have access to the record or information only in accordance with the
most recent such order that has been presented to the keeper
by the residential parent or the parent who is not the residential
parent
.
(C)
Nothing in this section shall limit the administrative use of public
school records by a person acting exclusively in the person's
capacity as an employee of a board of education or of the state or
any of its political subdivisions, any court, or the federal
government, and nothing in this section shall prevent the transfer of
a student's record to an educational institution for a legitimate
educational purpose. However, except as provided in this section,
public school records shall not be released or made available for any
other purpose. Fingerprints, photographs, or records obtained
pursuant to section 3313.96 or 3319.322 of the Revised Code, or
pursuant to division (E) of this section, or any medical,
psychological, guidance, counseling, or other information that is
derived from the use of the fingerprints, photographs, or records,
shall not be admissible as evidence against the minor who is the
subject of the fingerprints, photographs, or records in any
proceeding in any court. The provisions of this division regarding
the administrative use of records by an employee of the state or any
of its political subdivisions or of a court or the federal government
shall be applicable only when the use of the information is required
by a state statute adopted before November 19, 1974, or by federal
law.
(D)
A board of education may require, subject to division (E) of this
section, a person seeking to obtain copies of public school records
to pay the cost of reproduction and, in the case of data released
under division (B)(2)(b) of this section, to pay for any mailing
costs, which payment shall not exceed the actual cost to the school.
(E)
A principal or chief administrative officer of a public school, or
any employee of a public school who is authorized to handle school
records, shall provide access to a student's records to a law
enforcement officer who indicates that the officer is conducting an
investigation and that the student is or may be a missing child, as
defined in section 2901.30 of the Revised Code. Free copies of
information in the student's record shall be provided, upon request,
to the law enforcement officer, if prior approval is given by the
student's parent, guardian, or legal custodian. Information obtained
by the officer shall be used solely in the investigation of the case.
The information may be used by law enforcement agency personnel in
any manner that is appropriate in solving the case, including, but
not limited to, providing the information to other law enforcement
officers and agencies and to the bureau of criminal identification
and investigation for purposes of computer integration pursuant to
section 2901.30 of the Revised Code.
(F)
No person shall release to a parent of a student who is not the
student's
residential
designated
parent
and
legal custodian pursuant to division (B) of section 3109.044 of the
Revised Code
or
to any other person, or permit a parent of a student who is not the
student's
residential
designated
parent
and
legal custodian
or
permit any other person to have access to, any information about the
location of any elementary or secondary school to which a student has
transferred or information that would enable the parent who is not
the student's
residential
designated
parent
and legal custodian
or the other person to determine the location of that elementary or
secondary school, if the elementary or secondary school to which the
student has transferred and that requested the records of the student
under section 3313.672 of the Revised Code informs the elementary or
secondary school from which the student's records are obtained that
the student is under the care of a shelter for victims of domestic
violence, as defined in section 3113.33 of the Revised Code.
(G)
A principal or chief administrative officer of a public school, or
any employee of a public school who is authorized to handle school
records, shall comply with any order issued pursuant to division
(D)(1) of section 2151.14 of the Revised Code, any request for
records that is properly made pursuant to division (D)(3)(a) of
section 2151.14 or division (A) of section 2151.141 of the Revised
Code, and any determination that is made by a court pursuant to
division (D)(3)(b) of section 2151.14 or division (B)(1) of section
2151.141 of the Revised Code.
(H)
Notwithstanding any provision of this section, a principal of a
public school, to the extent permitted by the "Family
Educational Rights and Privacy Act of 1974," shall make the
report required in section 3319.45 of the Revised Code that a pupil
committed any violation listed in division (A) of section 3313.662 of
the Revised Code on property owned or controlled by, or at an
activity held under the auspices of, the board of education,
regardless of whether the pupil was sixteen years of age or older.
The principal is not required to obtain the consent of the pupil who
is the subject of the report or the consent of the pupil's parent,
guardian, or
legal
custodian
before making a report pursuant to section 3319.45 of the Revised
Code.
Sec.
3321.01.
(A)(1)
As used in this chapter, "parent," "guardian," or
"other person having charge or care of a child" means
either parent unless the parents are separated or divorced or their
marriage has been dissolved or annulled, in which case "parent"
means the parent
or
legal custodian
who
is the
residential
designated
parent
and legal custodian of the child. If the child is in the legal or
permanent custody of a person or government agency, "parent"
means that person or government agency. When a child is a resident of
a home, as defined in section 3313.64 of the Revised Code, and the
child's parent is not a resident of this state, "parent,"
"guardian," or "other person having charge or care of
a child" means the head of the home.
A
child between six and eighteen years of age is "of compulsory
school age" for the purpose of sections 3321.01 to 3321.13 of
the Revised Code. A child under six years of age who has been
enrolled in kindergarten also shall be considered "of compulsory
school age" for the purpose of sections 3321.01 to 3321.13 of
the Revised Code unless at any time the child's parent or guardian,
at the parent's or guardian's discretion and in consultation with the
child's teacher and principal, formally withdraws the child from
kindergarten. The compulsory school age of a child shall not commence
until the beginning of the term of such schools, or other time in the
school year fixed by the rules of the board of the district in which
the child resides.
(2)
In a district in which all children are admitted to kindergarten and
the first grade in August or September, a child shall be admitted if
the child is five or six years of age, respectively, by the thirtieth
day of September of the year of admittance, or by the first day of a
term or semester other than one beginning in August or September in
school districts granting admittance at the beginning of such term or
semester. A child who does not meet the age requirements of this
section for admittance to kindergarten or first grade, but who will
be five or six years old, respective, prior to the first day of
January of the school year in which admission is requested, shall be
evaluated for early admittance in accordance with district policy
upon referral by the child's parent or guardian, an educator employed
by the district, a preschool educator who knows the child, or a
pediatrician or psychologist who knows the child. Following an
evaluation in accordance with a referral under this section, the
district board shall decide whether to admit the child. If a child
for whom admission to kindergarten or first grade is requested will
not be five or six years of age, respectively, prior to the first day
of January of the school year in which admission is requested, the
child shall be admitted only in accordance with the district's
acceleration policy adopted under section 3324.10 of the Revised
Code.
(3)
Notwithstanding division (A)(2) of this section, beginning with the
school year that starts in 2001 and continuing thereafter the board
of education of any district may adopt a resolution establishing the
first day of August in lieu of the thirtieth day of September as the
required date by which students must have attained the age specified
in that division.
(4)
After a student has been admitted to kindergarten in a school
district or chartered nonpublic school, no board of education of a
school district to which the student transfers shall deny that
student admission based on the student's age.
(B)
As used in division (C) of this section, "successfully completed
kindergarten" means that the child has completed the
kindergarten requirements at one of the following:
(1)
A public or chartered nonpublic school;
(2)
A kindergarten class that is both of the following:
(a)
Offered by a child care provider licensed under Chapter 5104. of the
Revised Code;
(b)
If offered after July 1, 1991, is directly taught by a teacher who
holds one of the following:
(i)
A valid educator license issued under section 3319.22 of the Revised
Code;
(ii)
A Montessori preprimary credential or age-appropriate diploma granted
by the American Montessori society or the association Montessori
internationale;
(iii)
Certification determined under division (F) of this section to be
equivalent to that described in division (B)(2)(b)(ii) of this
section;
(iv)
Certification for teachers in nontax-supported schools pursuant to
section 3301.071 of the Revised Code.
(C)(1)
Except as provided in division (A)(2) of this section, no school
district shall admit to the first grade any child who has not
successfully completed kindergarten.
(2)
Notwithstanding division (A)(2) of this section, any student who has
successfully completed kindergarten in accordance with section (B) of
this section shall be admitted to first grade.
(D)
The scheduling of times for kindergarten classes and length of the
school day for kindergarten shall be determined by the board of
education of a city, exempted village, or local school district.
(E)
Any kindergarten class offered by a child care provider or school
described by division (B)(1) or (B)(2)(a) of this section shall be
developmentally appropriate.
(F)
Upon written request of a child care provider described by division
(B)(2)(a) of this section, the department of education and workforce
shall determine whether certification held by a teacher employed by
the provider meets the requirement of division (B)(2)(b)(iii) of this
section and, if so, shall furnish the provider a statement to that
effect.
(G)
As used in this division, "all-day kindergarten" has the
same meaning as in section 3321.05 of the Revised Code.
(1)
A school district that is offering all-day kindergarten for the first
time or that charged fees or tuition for all-day kindergarten in the
2012-2013 school year may charge fees or tuition for a student
enrolled in all-day kindergarten in any school year following the
2012-2013 school year. The department shall adjust the district's
average daily membership certification under section 3317.03 of the
Revised Code by one-half of the full-time equivalency for each
student charged fees or tuition for all-day kindergarten under this
division. If a district charges fees or tuition for all-day
kindergarten under this division, the district shall develop a
sliding fee scale based on family incomes.
(2)
The department shall conduct an annual survey of each school district
described in division (G)(1) of this section to determine the
following:
(a)
Whether the district charges fees or tuition for students enrolled in
all-day kindergarten;
(b)
The amount of the fees or tuition charged;
(c)
How many of the students for whom tuition is charged are eligible for
free lunches under the "National School Lunch Act," 60
Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the "Child
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as
amended, and how many of the students for whom tuition is charged are
eligible for reduced price lunches under those acts;
(d)
How many students are enrolled in traditional half-day kindergarten
rather than all-day kindergarten.
Each
district shall report to the department, in the manner prescribed by
the department, the information described in divisions (G)(2)(a) to
(d) of this section.
The
department shall issue an annual report on the results of the survey
and shall post the report on its web site. The department shall issue
the first report not later than April 30, 2008, and shall issue a
report not later than the thirtieth day of April each year
thereafter.
Sec.
3323.143.
If
a child with a disability's
custodial
designated
parent
and legal custodian
has made a unilateral placement of the child, the parent shall be
responsible for payment of tuition to the program or facility the
child is attending as a result of that placement as long as the
district of residence has offered a free appropriate public education
to that child. As used in this section, "unilateral placement"
means withdrawing a child with a disability from a program or
facility operated by the district of residence or from a program or
facility with which the district of residence has arranged for
education of the child and instead enrolling that child in another
program or facility that is not a home, as defined in section 3313.64
of the Revised Code, or that is not a facility or program available
to the child pursuant to an open enrollment policy under section
3313.98 or 3313.983 of the Revised Code.
Sec.
3328.01.
As
used in this chapter:
(A)
"Board of trustees" means the board of trustees established
for a college-preparatory boarding school in accordance with section
3328.15 of the Revised Code.
(B)
"Child with a disability," "IEP," and "school
district of residence" have the same meanings as in section
3323.01 of the Revised Code.
(C)
"Eligible student" means a student who is entitled to
attend school in a participating school district; is at risk of
academic failure; is from a family whose income is below two hundred
per cent of the federal poverty guidelines, as defined in section
5101.46 of the Revised Code; meets any additional criteria prescribed
by agreement between the department of education and workforce and
the operator of the college-preparatory boarding school in which the
student seeks enrollment; and meets at least two of the following
additional conditions:
(1)
The student has a record of in-school disciplinary actions,
suspensions, expulsions, or truancy.
(2)
The student has not attained at least a proficient score on the state
achievement assessments in English language arts, reading, or
mathematics prescribed under section 3301.0710 of the Revised Code,
after those assessments have been administered to the student at
least once, or the student has not attained at least a score
designated by the board of trustees of the college-preparatory
boarding school in which the student seeks enrollment under this
chapter on an end-of-course examination in English language arts or
mathematics prescribed under section 3301.0712 of the Revised Code.
(3)
The student is a child with a disability.
(4)
The student has been referred for academic intervention services.
(5)
The student's head of household is a single parent. As used in this
division and in division (C)(6) of this section, "head of
household" means a person who occupies the same household as the
student and who is financially responsible for the student.
(6)
The student's head of household is not the student's
custodial
designated
parent
and legal custodian
.
(7)
A member of the student's family has been imprisoned, as defined in
section 1.05 of the Revised Code.
(D)
"Entitled to attend school" means entitled to attend school
in a school district under section 3313.64 or 3313.65 of the Revised
Code.
(E)
"Formula ADM," "category one through six special
education ADM," and "state education aid" have the
same meanings as in section 3317.02 of the Revised Code.
(F)
"Operator" means the operator of a college-preparatory
boarding school selected under section 3328.11 of the Revised Code.
(G)
"Participating school district" means either of the
following:
(1)
The school district in which a college-preparatory boarding school
established under this chapter is located;
(2)
A school district other than one described in division (G)(1) of this
section that, pursuant to procedures adopted by the department under
section 3328.04 of the Revised Code, agrees to be a participating
school district so that eligible students entitled to attend school
in that district may enroll in a college-preparatory boarding school
established under this chapter.
Sec.
3332.25.
(A)
As used in this section:
(1)
"On-campus student housing" means a dormitory or other
student residence that is owned or operated by or located on the
campus of a school subject to this chapter.
(2)
"Parent" means either parent, except that if one parent
or
legal custodian
has
sole
custody
been
designated the designated parent and legal custodian
,
"parent" means the
designated
parent
and legal custodian
with custody
.
"Parent" also includes a guardian or, in the absence of a
parent or guardian, another person who has accepted responsibility
for the care of the student.
(B)
Beginning with the academic year that commences on or after July 1,
2005, a school subject to this chapter shall not permit a student to
reside in on-campus student housing unless the student, or, if the
student is younger than eighteen years of age, the student's parent,
discloses to the school whether the student has been vaccinated
against meningococcal meningitis and hepatitis B by submitting to the
school the meningitis and hepatitis B vaccination status statement
described in division (B) of section 3701.133 of the Revised Code or
a meningitis status statement form provided by the school that meets
the requirements of division (B) of section 3701.133 of the Revised
Code. The statement may be submitted in written form or, if the
school has a secure web site, in electronic form.
(C)
On receipt of an application for residence in on-campus student
housing, a school subject to this chapter shall do both of the
following:
(1)
Inform the student of the disclosure requirement;
(2)
Provide the student in either written or, if the school has a secure
web site, electronic form the meningitis and hepatitis B vaccination
status statement described in division (B) of section 3701.133 of the
Revised Code or a meningitis status statement form provided by the
school that meets the requirements of division (B) of section
3701.133 of the Revised Code.
(D)
This section does not require a school to provide or pay for a
meningococcal meningitis or hepatitis B vaccination for any student.
Sec.
3333.26.
(A)
Any citizen of this state who has resided within the state for one
year, who was in the active service of the United States as a
soldier, sailor, nurse, or marine between September 1, 1939, and
September 2, 1945, and who has been honorably discharged from that
service, shall be admitted to any school, college, or university that
receives state funds in support thereof, without being required to
pay any tuition or matriculation fee, but is not relieved from the
payment of laboratory or similar fees.
(B)(1)
As used in this section:
(a)
"Volunteer firefighter" has the meaning as in division
(B)(1) of section 146.01 of the Revised Code.
(b)
"Public service officer" means an Ohio firefighter,
volunteer firefighter, police officer, member of the state highway
patrol, employee designated to exercise the powers of police officers
pursuant to section 1545.13 of the Revised Code, or other peace
officer as defined by division (B) of section 2935.01 of the Revised
Code, or a person holding any equivalent position in another state.
(c)
"Qualified former spouse" means the former spouse of a
public service officer, or of a member of the armed services of the
United States, who is the
custodial
designated
parent
and
legal custodian
of
a minor child of that marriage pursuant to an order allocating
the
parental
rights and
parenting
responsibilities
for
care of the child issued
pursuant
to
section
sections
3109.04
to
3109.0498
of
the Revised Code.
(d)
"Operation enduring freedom" means that period of conflict
which began October 7, 2001, and ends on a date declared by the
president of the United States or the congress.
(e)
"Operation Iraqi freedom" means that period of conflict
which began March 20, 2003, and ends on a date declared by the
president of the United States or the congress.
(f)
"Combat zone" means an area that the president of the
United States by executive order designates, for purposes of 26
U.S.C. 112, as an area in which armed forces of the United States are
or have engaged in combat.
(2)
Subject to division (D) of this section, any resident of this state
who is under twenty-six years of age, or under thirty years of age if
the resident has been honorably discharged from the armed services of
the United States, who is the child of a public service officer
killed in the line of duty or of a member of the armed services of
the United States killed in the line of duty during operation
enduring freedom or operation Iraqi freedom, and who is admitted to
any state university or college as defined in division (A)(1) of
section 3345.12 of the Revised Code, community college, state
community college, university branch, or technical college shall not
be required to pay any tuition or any student fee for up to four
academic years of education, which shall be at the undergraduate
level, or a certificate program as prescribed under division (E) of
this section.
A
child of a member of the armed services of the United States killed
in the line of duty during operation enduring freedom or operation
Iraqi freedom is eligible for a waiver of tuition and student fees
under this division only if the student is not eligible for a war
orphans and severely disabled veterans' children scholarship
authorized by Chapter 5910. of the Revised Code. In any year in which
the war orphans and severely disabled veterans' children scholarship
board reduces the percentage of tuition covered by a war orphans and
severely disabled veterans' children scholarship below one hundred
per cent pursuant to division (A) of section 5910.04 of the Revised
Code, the waiver of tuition and student fees under this division for
a child of a member of the armed services of the United States killed
in the line of duty during operation enduring freedom or operation
Iraqi freedom shall be reduced by the same percentage.
(3)
Subject to division (D) of this section, any resident of this state
who is the spouse or qualified former spouse of a public service
officer killed in the line of duty, and who is admitted to any state
university or college as defined in division (A)(1) of section
3345.12 of the Revised Code, community college, state community
college, university branch, or technical college, shall not be
required to pay any tuition or any student fee for up to four
academic years of education, which shall be at the undergraduate
level, or a certificate program as prescribed under division (E) of
this section.
(4)
Any resident of this state who is the spouse or qualified former
spouse of a member of the armed services of the United States killed
in the line of duty while serving in a combat zone after May 7, 1975,
and who is admitted to any state university or college as defined in
division (A)(1) of section 3345.12 of the Revised Code, community
college, state community college, university branch, or technical
college, shall not be required to pay any tuition or any student fee
for up to four years of academic education, which shall be at the
undergraduate level, or a certificate program as prescribed under
division (E) of this section. In order to qualify under division
(B)(4) of this section, the spouse or qualified former spouse shall
have been a resident of this state at the time the member was killed
in the line of duty.
(C)
Any institution that is not subject to division (B) of this section
and that holds a valid certificate of registration issued under
Chapter 3332. of the Revised Code or a valid license issued under
Chapter 4713. of the Revised Code, or that is nonprofit and has a
certificate of authorization issued under section 1713.02 of the
Revised Code, or that is a private institution exempt from regulation
under Chapter 3332. of the Revised Code as prescribed in section
3333.046 of the Revised Code, which reduces tuition and student fees
of a student who is eligible to attend an institution of higher
education under the provisions of division (B) of this section by an
amount indicated by the chancellor of higher education shall be
eligible to receive a grant in that amount from the chancellor.
Each
institution that enrolls students under division (B) of this section
shall report to the chancellor, by the first day of July of each
year, the number of students who were so enrolled and the average
amount of all such tuition and student fees waived during the
preceding year. The chancellor shall determine the average amount of
all such tuition and student fees waived during the preceding year.
The average amount of the tuition and student fees waived under
division (B) of this section during the preceding year shall be the
amount of grants that participating institutions shall receive under
this division during the current year, but no grant under this
division shall exceed the tuition and student fees due and payable by
the student prior to the reduction referred to in this division. The
grants shall be made for two certificate programs or four years of
undergraduate education of an eligible student.
(D)
Notwithstanding anything to the contrary in section 3333.31 of the
Revised Code, for the purposes of divisions (B)(2) and (3) of this
section, the child, spouse, or qualified former spouse of a public
service officer or a member of the armed services of the United
States killed in the line of duty shall be considered a resident of
this state for the purposes of this section if the child, spouse, or
qualified former spouse was a resident of this state at the time that
the public service officer or member of the armed services was
killed.
However,
no child, spouse, or qualified former spouse of a public service
officer or a member of the armed services of the United States killed
in the line of duty shall be required to be a resident of this state
at the time the public service officer or member of the armed
services of the United States was killed in order to receive benefits
under divisions (B)(2) and (3) of this section.
(E)
A child, spouse, or qualified former spouse of a public service
officer or a member of the armed services killed in the line of duty
shall receive benefits for a certificate program in accordance with
division (B) or (C) of this section, except that a particular child,
spouse, or qualified former spouse shall not receive benefits for:
(1)
More than two certificate programs;
(2)
A total number of academic credits or instructional hours equivalent
to more than four academic years;
(3)
For any particular academic year, an amount that is greater than
eight thousand dollars.
Sec.
3345.85.
(A)
As used in this section:
(1)
"On-campus student housing" means a dormitory or other
student residence that is owned or operated by, or located on the
campus of a state institution of higher education.
(2)
"Parent" means either parent, except that if one parent
or legal custodian
has
sole
custody
been
designated the designated parent and legal custodian
,
"parent" means the
designated
parent
with custody
and legal custodian
.
"Parent" also includes a guardian or, in the absence of a
parent or guardian, another person who has accepted responsibility
for the care of the student.
(B)
Beginning with the academic year that commences on or after July 1,
2005, a state institution of higher education shall not permit a
student to reside in on-campus student housing unless the student,
or, if the student is younger than eighteen years of age, the
student's parent, discloses to the institution whether the student
has been vaccinated against meningococcal meningitis and hepatitis B
by submitting to the institution the meningitis and hepatitis B
vaccination status statement described in division (B) of section
3701.133 of the Revised Code or a meningitis status statement form
provided by the institution that meets the requirements of division
(B) of section 3701.133 of the Revised Code. The statement may be
submitted in written form or, if the institution has a secure web
site, in electronic form.
(C)
On receipt of an application for residence in on-campus student
housing, a state institution of higher education shall do both of the
following:
(1)
Inform the student of the disclosure requirement;
(2)
Provide the student in either written or, if the institution has a
secure web site, electronic form the meningitis and hepatitis B
vaccination status statement described in division (B) of section
3701.133 of the Revised Code or a meningitis status statement form
provided by the institution that meets the requirements of division
(B) of section 3701.133 of the Revised Code.
(D)
This section does not require an institution to provide or pay for a
meningococcal meningitis or hepatitis B vaccination for any student.
Sec.
3701.503.
As
used in sections 3701.504 to 3701.509 of the Revised Code:
(A)
"Parent" means either parent, unless the parents are
separated or divorced or their marriage has been dissolved or
annulled, in which case "parent" means the parent
or
legal custodian
who
is the
residential
designated
parent
and legal custodian.
(B)
"Guardian" has the same meaning as in section 2111.01 of
the Revised Code.
(C)
"Custodian" means, except as used in division (A) of this
section, a government agency or an individual, other than the parent
or guardian, with legal or permanent custody of a child as defined in
section 2151.011 of the Revised Code.
(D)
"Hearing screening" means the identification of newborns
and infants who may have a hearing impairment, through the use of a
physiologic test.
(E)
"Hearing evaluation" means evaluation through the use of
audiological procedures by an audiologist or physician.
(F)
"Hearing impairment" means a loss of hearing in one or both
ears in the frequency region important for speech recognition and
comprehension.
(G)
"Newborn" means a child who is less than thirty days old.
(H)
"Infant" means a child who is at least thirty days but less
than twenty-four months old.
(I)
"Freestanding birthing center" means any facility in which
deliveries routinely occur, regardless of whether the facility is
located on the campus of another health care facility.
(J)
"Physician" means an individual authorized under Chapter
4731. of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery.
(K)
"Audiologist" means an individual authorized under section
4753.07 of the Revised Code to practice audiology.
(L)
"Hospital" means a hospital that has a maternity unit or
newborn nursery.
(M)
"Maternity unit" means any unit or place in a hospital
where women are regularly received and provided care during all or
part of the maternity cycle, except that "maternity unit"
does not include an emergency department or similar place dedicated
to providing emergency health care.
(N)
"Board of health" means the board of health of a city or
general health district or the authority having the duties of a board
of health under section 3709.05 of the Revised Code.
Sec.
3780.33.
Liabilities
and immunities.
(A)
The holder of a license, as defined in section 4776.01 of the Revised
Code, or other license, certification, or registration issued by any
professional board in the state of Ohio, or pursuant to
section
2923.125
of the Revised Code, are not subject to disciplinary action solely
for engaging in professional or occupational activities related to
adult use cannabis in accordance with this chapter, for owning or
providing professional assistance to prospective or licensed adult
use operators, adult use testing laboratories or to other individuals
for activity in accordance with this chapter, or for obtaining,
possessing, transporting, or using adult use cannabis in accordance
with this chapter.
(B)
Unless there is clear and convincing evidence that a child is unsafe,
the use, possession, or administration of adult use cannabis in
accordance with this chapter shall not be the sole or primary basis
for
any
either
of
the following:
(1)
An adjudication under section 2151.28 of the Revised Code determining
that a child is an abused, neglected, or dependent child;
(2)
An allocation of parental rights and
parenting
responsibilities
under
section
sections
3109.04
to
3109.0498 or 3109.12
of
the Revised Code
;
or
(3)
A parenting time order under section 3109.051 or 3109.12 of the
Revised Code
.
(C)
Notwithstanding any conflicting provision of the Revised Code, the
use or possession of adult use cannabis in accordance with this
chapter shall not be used as a reason for disqualifying an individual
from medical care or from including an individual on a transplant
waiting list.
(D)
Notwithstanding any conflicting provision of the Revised Code, the
use, possession, administration, cultivation, processing, testing,
dispensing, transporting, sale, delivery, or transferring of adult
use cannabis in accordance with this chapter shall not be used as the
sole or primary reason for taking action under any criminal or civil
statute.
(E)
Notwithstanding any conflicting provision of the Revised Code, when
an adult use consumer engages in activities related to adult use
cannabis in compliance with this chapter, such activities alone do
not constitute sufficient basis for conducting a field sobriety test
on the individual or for suspending the individual's driver's
license. To conduct any field sobriety test, a law enforcement
officer must have an independent, factual basis giving reasonable
suspicion that the individual is operating a vehicle under the
influence of adult use cannabis or with a prohibited concentration of
marijuana in the person's whole blood, blood serum, plasma, breath,
or urine.
(F)
Notwithstanding any conflicting provision of the Revised Code, an
individual's status as an adult use consumer shall not be used as the
sole or primary basis for rejecting the individual as a tenant unless
the rejection is required by federal law. Notwithstanding this
division, a landlord may prohibit the consumption of cannabis by
combustion so long as such prohibition is included in the applicable
lease agreement.
(G)
Notwithstanding any conflicting provision of the Revised Code, the
use or possession of adult use cannabis in accordance with this
chapter shall not be used as a reason for disqualifying an individual
from a public benefit program administered by any state or local
authority, or for otherwise denying an individual a public benefit
administered by the state or any locality.
(H)
This chapter does not do any of the following:
(1)
Permit the use, possession, cultivation, processing, dispensing, or
transportation of adult use cannabis other than as authorized by this
chapter;
(2)
Permit the cultivation, processing, and dispensing of adult use
cannabis by any person unless licensed as an adult use cannabis
operator by the division of cannabis control except as authorized
under this chapter;
(3)
Permit the use, cultivation, dispensing, or processing of adult use
cannabis on federal, state, or locally owned land located in the
state of Ohio;
(4)
Require any public place to accommodate an individual's use of adult
use cannabis;
(5)
Prohibit any public place from accommodating an individual's use of
adult use cannabis; or
(6)
Restrict research related to cannabis at a state university, academic
medical center, or private research and development organization as
part of a research protocol approved by an institutional review board
or equivalent entity.
(I)
It is the public policy of the state of Ohio that contracts related
to adult use cannabis operators and adult use cannabis testing
laboratories are enforceable.
Sec.
3796.24.
(A)
The holder of a license, as defined in section 4776.01 of the Revised
Code, is not subject to professional disciplinary action solely for
engaging in professional or occupational activities related to
medical marijuana.
(B)
Unless there is clear and convincing evidence that a child is unsafe,
the use, possession, or administration of medical marijuana in
accordance with this chapter shall not be the sole or primary basis
for any of the following:
(1)
An adjudication under section 2151.28 of the Revised Code determining
that a child is an abused, neglected, or dependent child;
(2)
An allocation of parental rights and
parenting
responsibilities
under
section
3109.04
sections
3109.04 to 3109.0498
of
the Revised Code
;
(3)
A parenting time order under section 3109.051 or 3109.12 of the
Revised Code
.
(C)
Notwithstanding any conflicting provision of the Revised Code, the
use or possession of medical marijuana in accordance with this
chapter shall not be used as a reason for disqualifying a patient
from medical care or from including a patient on a transplant waiting
list.
(D)
Notwithstanding any conflicting provision of the Revised Code, the
use, possession, administration, cultivation, processing, testing, or
dispensing of medical marijuana in accordance with this chapter shall
not be used as the sole or primary reason for taking action under any
criminal or civil statute in the forfeiture or seizure of any
property or asset.
(E)
Notwithstanding any conflicting provision of the Revised Code, a
person's status as a registered patient or caregiver is not a
sufficient basis for conducting a field sobriety test on the person
or for suspending the person's driver's license. To conduct any field
sobriety test, a law enforcement officer must have an independent,
factual basis giving reasonable suspicion that the person is
operating a vehicle under the influence of marijuana or with a
prohibited concentration of marijuana in the person's whole blood,
blood serum, plasma, breath, or urine.
(F)
Notwithstanding any conflicting provision of the Revised Code, a
person's status as a registered patient or caregiver shall not be
used as the sole or primary basis for rejecting the person as a
tenant unless the rejection is required by federal law.
(G)
This chapter does not do any of the following:
(1)
Require a physician to recommend that a patient use medical marijuana
to treat a qualifying medical condition;
(2)
Permit the use, possession, or administration of medical marijuana
other than as authorized by this chapter;
(3)
Permit the use, possession, or administration of medical marijuana on
federal land located in this state;
(4)
Require any public place to accommodate a registered patient's use of
medical marijuana;
(5)
Prohibit any public place from accommodating a registered patient's
use of medical marijuana;
(6)
Restrict research related to marijuana conducted at a state
university, academic medical center, or private research and
development organization as part of a research protocol approved by
an institutional review board or equivalent entity.
Sec.
3902.13.
(A)
A plan of health coverage determines its order of benefits using the
first of the following that applies:
(1)
A plan that does not coordinate with other plans is always the
primary plan.
(2)
The benefits of the plan that covers a person as an employee, member,
insured, or subscriber, other than a dependent, is the primary plan.
The plan that covers the person as a dependent is the secondary plan.
(3)
When more than one plan covers the same child as a dependent of
different parents who are not divorced or separated, the primary plan
is the plan of the parent whose birthday falls earlier in the year.
The secondary plan is the plan of the parent whose birthday falls
later in the year. If both parents have the same birthday, the
benefits of the plan that covered the parent the longer is the
primary plan. The plan that covered the parent the shorter time is
the secondary plan. If the other plan's provision for coordination of
benefits does not include the rule contained in this division because
it is not subject to regulation under this division, but instead has
a rule based on the gender of the parent, and if, as a result, the
plans do not agree on the order of benefits, the rule of the other
plan will determine the order of benefits.
(4)(a)
Except as provided in division (A)(4)(b) of this section, if more
than one plan covers a person as a dependent child of divorced or
separated parents, benefits for the child are determined in the
following order:
(i)
The plan of the parent who is the
residential
designated
parent
and legal custodian of the child;
(ii)
The plan of the spouse of the parent who is the
residential
designated
parent
and legal custodian of the child;
(iii)
The plan of the parent who is not the
residential
designated
parent
and legal custodian of the child.
(b)
If the specific terms of a court decree state that one parent is
responsible for the health care expenses of the child, the plan of
that parent is the primary plan. A parent responsible for the health
care pursuant to a court decree must notify the insurer or health
insuring corporation of the terms of the decree.
(5)
The primary plan is the plan that covers a person as an employee who
is neither laid off or retired, or that employee's dependent. The
secondary plan is the plan that covers that person as a laid-off or
retired employee, or that employee's dependent.
(6)
If none of the rules in divisions (A)(1), (2), (3), (4), and (5) of
this section determines the order of benefits, the primary plan is
the plan that covered an employee, member, insured, or subscriber
longer. The secondary plan is the plan that covered that person the
shorter time.
(B)
When a plan of health coverage is determined to be a secondary plan
it acts to provide benefits in excess of those provided by the
primary plan.
(C)
The secondary plan shall not be required to make payment in an amount
which exceeds the amount it would have paid if it were the primary
plan, but in no event, when combined with the amount paid by the
primary plan, shall payments by the secondary plan exceed one hundred
per cent of expenses allowable under the provisions of the applicable
policies and contracts.
(D)
A third-party payer may require a beneficiary to file a claim with
the primary plan before it determines the amount of its payment
obligation, if any, with regard to that claim.
(E)
Nothing in this section shall be construed to require a plan to make
a payment until it determines whether it is the primary plan or the
secondary plan and what benefits are payable under the primary plan.
(F)
A plan may obtain any facts and information necessary to apply the
provisions of this section, or supply this information to any other
third-party payer or provider, or any agent of such third-party payer
or provider, without the consent of the beneficiary. Each person
claiming benefits under the plan shall provide any information
necessary to apply the provisions of this section.
(G)
If the amount of payments made by any plan is more than should have
been paid, the plan may recover the excess from whichever party
received the excess payment.
(H)
No third-party payer shall administer a plan of health coverage
delivered, issued for delivery, or renewed on or after June 29, 1988,
unless such plan complies with this section.
(I)(1)
A third-party payer that is subject to this section and has reason to
believe payment has been made by another third-party payer for the
same service may request from that third-party payer, and shall be
provided by the third-party payer, such data as necessary to
determine whether duplicate payment has been made.
(2)
A third-party payer that meets the criteria of a secondary payer in
accordance with this section may seek repayment of any duplicate
payment that may have been made from the person to whom it made
payment. If the person who received the duplicate payment is a
provider, absent a finding of a court of competent jurisdiction that
the provider has engaged in civil or criminal fraudulent activities,
the request for the return of any duplicate payment shall be made
within three years after the close of the provider's fiscal year in
which the duplicate payment has been made.
(J)
Nothing in this section shall be construed to affect the prohibition
of section 3923.37 of the Revised Code.
(K)(1)
No third-party payer shall knowingly fail to comply with the order of
benefits as set forth in division (A) of this section.
(2)
No primary plan shall direct or encourage an insured to use the
benefits of a secondary plan that results in a reduction of payment
by such primary plan.
(L)
Whoever violates division (K) of this section is deemed to have
engaged in an unfair and deceptive insurance act or practice under
sections 3901.19 to 3901.26 of the Revised Code, and is subject to
proceedings pursuant to those sections.
Sec.
3924.47.
If
a child has health care coverage through a health insurer of a
noncustodial
parent
who is not the designated parent and legal custodian
,
the health insurer shall do all of the following:
(A)
Provide such information to the
custodial
designated
parent
and legal custodian
of the child as may be necessary for the child to obtain benefits
through the coverage;
(B)
Permit the
custodial
designated
parent
and legal custodian
,
or a provider with the approval of the
custodial
designated
parent
and legal custodian
,
to submit claims for covered services without the approval of the
noncustodial
parent
who is not the designated parent and legal custodian
;
(C)
Make payment on claims submitted in accordance with division (B) of
this section directly to the
custodial
designated
parent
and legal custodian
,
the provider, or the department of job and family services.
Sec.
5104.017.
The
director of children and youth shall adopt rules pursuant to Chapter
119. of the Revised Code governing the operation of type A family
child care homes, including parent cooperative type A homes,
part-time type A homes, and drop-in type A homes. The rules shall
reflect the various forms of child care and the needs of children
receiving child care. The rules shall include the following:
(A)
Submission of a site plan and descriptive plan of operation to
demonstrate how the type A home proposes to meet the requirements of
this chapter and rules adopted pursuant to this chapter for the
initial license application;
(B)
Standards for ensuring that the physical surroundings of the type A
home are safe and sanitary, including the physical environment, the
physical plant, and the equipment of the type A home;
(C)
Standards for the supervision, care, and discipline of children
receiving child care or publicly funded child care in the type A
home;
(D)
Standards for a program of activities, and for play equipment,
materials, and supplies, to enhance the development of each child;
however, any educational curricula, philosophies, and methodologies
that are developmentally appropriate and that enhance the social,
emotional, intellectual, and physical development of each child shall
be permissible;
(E)
Admissions policies and procedures;
(F)
Health care policies and procedures, including procedures for the
isolation of children with communicable diseases;
(G)
First aid and emergency procedures;
(H)
Procedures for discipline and supervision of children;
(I)
Standards for the provision of nutritious meals and snacks;
(J)
Procedures for screening children, including any necessary physical
examinations and the immunizations required pursuant to section
5104.014 of the Revised Code;
(K)
Procedures for screening employees, including any necessary physical
examinations and immunizations;
(L)
Methods for encouraging parental participation in the type A home and
methods for ensuring that the rights of children, parents, and
employees are protected and that the responsibilities of parents and
employees are met;
(M)
Procedures for ensuring the safety and adequate supervision of
children traveling off the premises of the type A home while under
the care of a type A home employee;
(N)
Procedures for record keeping, organization, and administration;
(O)
Procedures for issuing, denying, and revoking a license that are not
otherwise provided for in Chapter 119. of the Revised Code;
(P)
Inspection procedures;
(Q)
Procedures and standards for setting initial license application
fees;
(R)
Procedures for receiving, recording, and responding to complaints
about type A homes;
(S)
Procedures for enforcing section 5104.04 of the Revised Code;
(T)
A standard requiring the inclusion of a current department of
children and youth toll-free telephone number on each type A home
license that any person may use to report a suspected violation by
the type A home of this chapter or rules adopted pursuant to this
chapter;
(U)
Requirements for the training of administrators and child care staff
members in first aid, in prevention, recognition, and management of
communicable diseases, and in child abuse recognition and prevention;
(V)
Standards providing for the needs of children who have disabilities
or who require treatment for health conditions while the child is
receiving child care or publicly funded child care in the type A
home;
(W)
Standards for the maximum number of children per child care staff
member;
(X)
Requirements for the amount of usable indoor floor space for each
child;
(Y)
Requirements for safe outdoor play space;
(Z)
Qualifications and training requirements for administrators and for
child care staff members, which shall not include requiring an
administrator or child care staff member to hold or obtain a
bachelor's, master's, or doctoral degree;
(AA)
Procedures for granting a parent
or
legal custodian
who
is the
residential
designated
parent
and legal custodian, or a
legal
custodian
or guardian access to the type A home during its hours of operation;
(BB)
Minimum requirements for instructional time for type A homes rated
through the step up to quality program established pursuant to
section 5104.29 of the Revised Code;
(CC)
Any other procedures and standards necessary to carry out the
provisions of this chapter regarding type A homes.
Sec.
5104.018.
The
director of children and youth shall adopt rules in accordance with
Chapter 119. of the Revised Code governing the licensure of type B
family child care homes. The rules shall provide for safeguarding the
health, safety, and welfare of children receiving child care or
publicly funded child care in a licensed type B family child care
home and shall include all of the following:
(A)
Requirements for the type B home to notify parents with children in
the type B home that the type B home is certified as a foster home
under section 5103.03 of the Revised Code;
(B)
Standards for ensuring that the type B home and the physical
surroundings of the type B home are safe and sanitary, including
physical environment, physical plant, and equipment;
(C)
Standards for the supervision, care, and discipline of children
receiving child care or publicly funded child care in the home;
(D)
Standards for a program of activities, and for play equipment,
materials, and supplies to enhance the development of each child;
however, any educational curricula, philosophies, and methodologies
that are developmentally appropriate and that enhance the social,
emotional, intellectual, and physical development of each child shall
be permissible;
(E)
Admission policies and procedures;
(F)
Health care, first aid and emergency procedures;
(G)
Procedures for the care of sick children;
(H)
Procedures for discipline and supervision of children;
(I)
Nutritional standards;
(J)
Procedures for screening children, including any necessary physical
examinations and the immunizations required pursuant to section
5104.014 of the Revised Code;
(K)
Procedures for screening administrators and employees, including any
necessary physical examinations and immunizations;
(L)
Methods of encouraging parental participation and ensuring that the
rights of children, parents, and administrators are protected and the
responsibilities of parents and administrators are met;
(M)
Standards for the safe transport of children when under the care of
administrators;
(N)
Procedures for issuing, denying, or revoking licenses;
(O)
Procedures for the inspection of type B homes that require, at a
minimum, that each type B home be inspected prior to licensure to
ensure that the home is safe and sanitary;
(P)
Procedures for record keeping and evaluation;
(Q)
Procedures for receiving, recording, and responding to complaints;
(R)
Standards providing for the needs of children who have disabilities
or who receive treatment for health conditions while the child is
receiving child care or publicly funded child care in the type B
home;
(S)
Requirements for the amount of usable indoor floor space for each
child;
(T)
Requirements for safe outdoor play space;
(U)
Qualification and training requirements for administrators and
employees, which shall not include requiring an administrator or
employee to hold or obtain a bachelor's, master's, or doctoral
degree;
(V)
Procedures for granting a parent who is the
residential
designated
parent
and legal custodian, or a
legal
custodian
or guardian access to the type B home during its hours of operation;
(W)
Requirements for the type B home to notify parents with children in
the type B home that the type B home is certified as a foster home
under section 5103.03 of the Revised Code;
(X)
Minimum requirements for instructional time for type B homes rated
through the step up to quality program established pursuant to
section 5104.29 of the Revised Code;
(Y)
Any other procedures and standards necessary to carry out the
provisions of this chapter regarding licensure of type B homes.
Sec.
5104.039.
(A)
Any parent
who
is the residential parent and
or
legal
custodian of a child enrolled in a child care center and any
custodian or guardian of such a child shall be permitted unlimited
access to the center during its hours of operation for the purposes
of contacting their children, evaluating the care provided by the
center, evaluating the premises of the center, or for other purposes
approved by the director.
A
parent of a child enrolled in a child care center who is not the
child's residential parent shall be permitted unlimited access to the
center during its hours of operation for those purposes under the
same terms and conditions under which the residential parent of that
child is permitted access to the center for those purposes.
However,
the access of
the
a
parent
who
is not the residential parent
or
legal custodian
is
subject to any agreement between the parents
or
legal custodian
and,
to the extent described in division (B) of this section, is subject
to any terms and conditions limiting the right of access of the
parent
who
is not the residential parent
or
legal custodian
,
as described in
division
(I) of section 3109.051
sections
3109.0521 to 3109.0524
of
the Revised Code, that are contained in a
parenting
time order or decree issued under that section
parenting
plan under section 3109.044 of the Revised Code
,
section 3109.12 of the Revised Code, or any other provision of the
Revised Code.
(B)
If a parent
who
is the residential parent
or
legal custodian
of
a child has presented the administrator or the administrator's
designee with a copy of a parenting
time
order
plan
that
limits the terms and conditions under which the
other
parent
who
is not the residential parent
or
legal custodian
is
to have access to the center, as described in
division
(I) of section 3109.051
sections
3109.0521 to 3109.0524
of
the Revised Code, the parent
who
is not the residential parent
or
legal custodian
shall
be provided access to the center only to the extent authorized in the
order. If the
residential
parent
or
legal custodian
has
presented such an order, the
other
parent
who
is not the residential parent
or
legal custodian
shall
be permitted access to the center only in accordance with the most
recent order that has been presented to the administrator or the
administrator's designee by the
residential
parent
or
the
parent who is not the residential parent
legal
custodian
.
(C)
Upon entering the premises pursuant to division (A) or (B) of this
section, the parent
who
is the residential parent and
or
legal
custodian
,
the parent who is not the residential parent,
or the custodian or guardian shall notify the administrator or the
administrator's designee of the parent's, custodian's, or guardian's
presence.
Sec.
5107.02.
As
used in this chapter:
(A)
"Adult" means an individual who is not a minor child.
(B)
"Assistance group" means a group of individuals treated as
a unit for purposes of determining eligibility for and the amount of
assistance provided under Ohio works first.
(C)
"Custodian" means an individual who has legal custody, as
defined in section 2151.011 of the Revised Code, of a minor child or
comparable status over a minor child created by a court of competent
jurisdiction in another state.
(D)
"Domestic violence" means being subjected to any of the
following:
(1)
Physical acts that resulted in, or threatened to result in, physical
injury to the individual;
(2)
Sexual abuse;
(3)
Sexual activity involving a dependent child;
(4)
Being forced as the caretaker relative of a dependent child to engage
in nonconsensual sexual acts or activities;
(5)
Threats of, or attempts at, physical or sexual abuse;
(6)
Mental abuse;
(7)
Neglect or deprivation of medical care.
(E)
"Guardian" means an individual that is granted authority by
a probate court pursuant to Chapter 2111. of the Revised Code, or a
court of competent jurisdiction in another state, to exercise
parental rights
and
parenting responsibilities
over
a minor child to the extent provided in the court's order and subject
to residual parental rights of the minor child's parents.
(F)
"LEAP program" means the learning, earning, and parenting
program conducted under section 5107.30 of the Revised Code.
(G)
"Minor child" means either of the following:
(1)
An individual who has not attained age eighteen;
(2)
An individual who has not attained age nineteen and is a full-time
student in a secondary school or in the equivalent level of
vocational or technical training.
(H)
"Minor head of household" means a minor child who is either
of the following:
(1)
Is married, pregnant, and a member of an assistance group that does
not include an adult;
(2)
Is married and is a parent of a child included in the same assistance
group that does not include an adult.
(I)
"Ohio works first" means the program established by this
chapter known as temporary assistance for needy families in Title
IV-A.
(J)
"Payment standard" means the amount specified in rules
adopted under section 5107.05 of the Revised Code that is the maximum
amount of cash assistance an assistance group may receive under Ohio
works first from state and federal funds.
(K)
"Specified relative" means the following individuals who
are age eighteen or older:
(1)
The following individuals related by blood or adoption:
(a)
Grandparents, including grandparents with the prefix "great,"
"great-great," or "great-great-great";
(b)
Siblings;
(c)
Aunts, uncles, nephews, and nieces, including such relatives with the
prefix "great," "great-great," "grand,"
or "great-grand";
(d)
First cousins and first cousins once removed.
(2)
Stepparents and stepsiblings;
(3)
Spouses and former spouses of individuals named in division (K)(1) or
(2) of this section.
(L)
"Title IV-A" or "Title IV-D" means Title IV-A or
Title IV-D of the "Social Security Act," 49 Stat. 620
(1935), 42 U.S.C. 301, as amended.
Sec.
5120.652.
To
participate in the prison nursery program, each eligible inmate
selected by the department shall do all the following:
(A)
Agree in writing to do all the following:
(1)
Comply with any program, educational, counseling, and other
requirements established for the program by the department of
rehabilitation and correction;
(2)
If eligible, have the child participate in the medicaid program or a
health insurance program;
(3)
Accept the normal risks of childrearing;
(4)
Abide by any court decisions regarding the allocation of parental
rights and
parenting
responsibilities
with respect to the child
.
(B)
Assign to the department any rights to support from any other person,
excluding support assigned pursuant to section 5107.20 of the Revised
Code and medical support assigned pursuant to section 5160.38 of the
Revised Code;
(C)
Specify with whom the child is to be placed in the event the inmate's
participation in the program is terminated for a reason other than
release from imprisonment.
Sec.
5120.653.
An
inmate's participation in the prison nursery program may be
terminated by the department of rehabilitation and correction if one
of the following occurs:
(A)
The inmate fails to comply with the agreement entered into under
division (A) of section 5120.652 of the Revised Code.
(B)
The inmate's child becomes seriously ill, cannot meet medical
criteria established by the department of rehabilitation and
correction for the program, or otherwise cannot safely participate in
the program.
(C)
A court issues an order that designates a person other than the
inmate as the child's
residential
designated
parent
and legal custodian.
(D)
A juvenile court, in an action brought pursuant to division (A)(2) of
section 2151.23 of the Revised Code, grants custody of the child to a
person other than the inmate.
(E)
An order
is
was
issued
pursuant to section 3109.04 of the Revised Code
,
as that section existed prior to the amendment of this section,
granting shared parenting of the child
or an allocation of parenting responsibilities is issued under
sections 3109.04 to 3109.0498 of the Revised Code
.
(F)
An order of disposition regarding the child is issued pursuant to
division (A)(2), (3), or (4) of section 2151.353 of the Revised Code
granting temporary, permanent, or legal custody of the child to a
person, other than the inmate, or to a public children services
agency or private child placing agency.
(G)
The inmate is released from imprisonment.
Sec.
5123.01.
As
used in this chapter:
(A)
"Chief medical officer" means the licensed physician
appointed by the managing officer of an institution for persons with
intellectual disabilities with the approval of the director of
developmental disabilities to provide medical treatment for residents
of the institution.
(B)
"Chief program director" means a person with special
training and experience in the diagnosis and management of persons
with developmental disabilities, certified according to division (C)
of this section in at least one of the designated fields, and
appointed by the managing officer of an institution for persons with
intellectual disabilities with the approval of the director to
provide habilitation and care for residents of the institution.
(C)
"Comprehensive evaluation" means a study, including a
sequence of observations and examinations, of a person leading to
conclusions and recommendations formulated jointly, with dissenting
opinions if any, by a group of persons with special training and
experience in the diagnosis and management of persons with
developmental disabilities, which group shall include individuals who
are professionally qualified in the fields of medicine, psychology,
and social work, together with such other specialists as the
individual case may require.
(D)
"Education" means the process of formal training and
instruction to facilitate the intellectual and emotional development
of residents.
(E)
"Habilitation" means the process by which the staff of the
institution assists the resident in acquiring and maintaining those
life skills that enable the resident to cope more effectively with
the demands of the resident's own person and of the resident's
environment and in raising the level of the resident's physical,
mental, social, and vocational efficiency. Habilitation includes but
is not limited to programs of formal, structured education and
training.
(F)
"Health officer" means any public health physician, public
health nurse, or other person authorized or designated by a city or
general health district.
(G)
"Home and community-based services" means medicaid-funded
home and community-based services specified in division (A)(1) of
section 5166.20 of the Revised Code provided under the medicaid
waiver components the department of developmental disabilities
administers pursuant to section 5166.21 of the Revised Code. Except
as provided in section 5123.0412 of the Revised Code, home and
community-based services provided under the medicaid waiver component
known as the transitions developmental disabilities waiver are to be
considered to be home and community-based services for the purposes
of this chapter, and Chapters 5124. and 5126. of the Revised Code,
only to the extent, if any, provided by the contract required by
section 5166.21 of the Revised Code regarding the waiver.
(H)
"ICF/IID" and "ICF/IID services" have the same
meanings as in section 5124.01 of the Revised Code.
(I)
"Indigent person" means a person who is unable, without
substantial financial hardship, to provide for the payment of an
attorney and for other necessary expenses of legal representation,
including expert testimony.
(J)
"Institution" means a public or private facility, or a part
of a public or private facility, that is licensed by the appropriate
state department and is equipped to provide residential habilitation,
care, and treatment for persons with intellectual disabilities.
(K)
"Licensed physician" means a person who holds a valid
license issued under Chapter 4731. of the Revised Code authorizing
the person to practice medicine and surgery or osteopathic medicine
and surgery, or a medical officer of the government of the United
States while in the performance of the officer's official duties.
(L)
"Managing officer" means a person who is appointed by the
director of developmental disabilities to be in executive control of
an institution under the jurisdiction of the department of
developmental disabilities.
(M)
"Medicaid case management services" means case management
services provided to an individual with a developmental disability
that the state medicaid plan requires.
(N)
"Intellectual disability" means a disability characterized
by having significantly subaverage general intellectual functioning
existing concurrently with deficiencies in adaptive behavior,
manifested during the developmental period.
(O)
"Person with an intellectual disability subject to
institutionalization by court order" means a person eighteen
years of age or older with at least a moderate level of intellectual
disability and in relation to whom, because of the person's
disability, either of the following conditions exists:
(1)
The person represents a very substantial risk of physical impairment
or injury to self as manifested by evidence that the person is unable
to provide for and is not providing for the person's most basic
physical needs and that provision for those needs is not available in
the community;
(2)
The person needs and is susceptible to significant habilitation in an
institution.
(P)
"Moderate level of intellectual disability" means the
condition in which a person, following a comprehensive evaluation, is
found to have at least moderate deficits in overall intellectual
functioning, as indicated by a full-scale intelligence quotient test
score of fifty-five or below, and at least moderate deficits in
adaptive behavior, as determined in accordance with the criteria
established in the fifth edition of the diagnostic and statistical
manual of mental disorders published by the American psychiatric
association.
(Q)
"Developmental disability" means a severe, chronic
disability that is characterized by all of the following:
(1)
It is attributable to a mental or physical impairment or a
combination of mental and physical impairments, other than a mental
or physical impairment solely caused by mental illness, as defined in
division (A) of section 5122.01 of the Revised Code.
(2)
It is manifested before age twenty-two.
(3)
It is likely to continue indefinitely.
(4)
It results in one of the following:
(a)
In the case of a person under three years of age, at least one
developmental delay, as defined in rules adopted under section
5123.011 of the Revised Code, or a diagnosed physical or mental
condition that has a high probability of resulting in a developmental
delay, as defined in those rules;
(b)
In the case of a person at least three years of age but under six
years of age, at least two developmental delays, as defined in rules
adopted under section 5123.011 of the Revised Code;
(c)
In the case of a person six years of age or older, a substantial
functional limitation in at least three of the following areas of
major life activity, as appropriate for the person's age: self-care,
receptive and expressive language, learning, mobility,
self-direction, capacity for independent living, and, if the person
is at least sixteen years of age, capacity for economic
self-sufficiency.
(5)
It causes the person to need a combination and sequence of special,
interdisciplinary, or other type of care, treatment, or provision of
services for an extended period of time that is individually planned
and coordinated for the person.
"Developmental
disability" includes intellectual disability.
(R)
"State institution" means an institution that is
tax-supported and under the jurisdiction of the department of
developmental disabilities.
(S)
"Residence" and "legal residence" have the same
meaning as "legal settlement," which is acquired by
residing in Ohio for a period of one year without receiving general
assistance prior to July 17, 1995, under former Chapter 5113. of the
Revised Code, without receiving financial assistance prior to
December 31, 2017, under former Chapter 5115. of the Revised Code, or
assistance from a private agency that maintains records of assistance
given. A person having a legal settlement in the state shall be
considered as having legal settlement in the assistance area in which
the person resides. No adult person coming into this state and having
a spouse or minor children residing in another state shall obtain a
legal settlement in this state as long as the spouse or minor
children are receiving public assistance, care, or support at the
expense of the other state or its subdivisions. For the purpose of
determining the legal settlement of a person who is living in a
public or private institution or in a home subject to licensing by
the department of job and family services, the department of mental
health and addiction services, or the department of developmental
disabilities, the residence of the person shall be considered as
though the person were residing in the county in which the person was
living prior to the person's entrance into the institution or home.
Settlement once acquired shall continue until a person has been
continuously absent from Ohio for a period of one year or has
acquired a legal residence in another state. A woman who marries a
man with legal settlement in any county immediately acquires the
settlement of her husband. The legal settlement of a minor is that of
the parents, surviving parent, sole parent, parent who is designated
the
residential
designated
parent
and legal custodian by a court, other adult having permanent custody
awarded by a court, or guardian of the person of the minor, provided
that:
(1)
A minor female who marries shall be considered to have the legal
settlement of her husband and, in the case of death of her husband or
divorce, she shall not thereby lose her legal settlement obtained by
the marriage.
(2)
A minor male who marries, establishes a home, and who has resided in
this state for one year without receiving general assistance prior to
July 17, 1995, under former Chapter 5113. of the Revised Code or
assistance from a private agency that maintains records of assistance
given shall be considered to have obtained a legal settlement in this
state.
(3)
The legal settlement of a child under eighteen years of age who is in
the care or custody of a public or private child caring agency shall
not change if the legal settlement of the parent changes until after
the child has been in the home of the parent for a period of one
year.
No
person, adult or minor, may establish a legal settlement in this
state for the purpose of gaining admission to any state institution.
(T)(1)
"Resident" means, subject to division (T)(2) of this
section, a person who is admitted either voluntarily or involuntarily
to an institution or other facility pursuant to section 2945.39,
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a
finding of not guilty by reason of insanity or incompetence to stand
trial or under this chapter who is under observation or receiving
habilitation and care in an institution.
(2)
"Resident" does not include a person admitted to an
institution or other facility under section 2945.39, 2945.40,
2945.401, or 2945.402 of the Revised Code to the extent that the
reference in this chapter to resident, or the context in which the
reference occurs, is in conflict with any provision of sections
2945.37 to 2945.402 of the Revised Code.
(U)
"Respondent" means the person whose detention, commitment,
or continued commitment is being sought in any proceeding under this
chapter.
(V)
"Working day" and "court day" mean Monday,
Tuesday, Wednesday, Thursday, and Friday, except when such day is a
legal holiday.
(W)
"Prosecutor" means the prosecuting attorney, village
solicitor, city director of law, or similar chief legal officer who
prosecuted a criminal case in which a person was found not guilty by
reason of insanity, who would have had the authority to prosecute a
criminal case against a person if the person had not been found
incompetent to stand trial, or who prosecuted a case in which a
person was found guilty.
(X)
"Court" means the probate division of the court of common
pleas.
(Y)
"Supported living" and "residential services"
have the same meanings as in section 5126.01 of the Revised Code.
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
under
a parenting plan
pursuant
to section
3109.051
3109.044
or
3109.12 of the Revised Code or companionship or visitation
rights
granted
pursuant to section
3109.051
3109.054
,
3109.11, 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.
Sec.
5180.14.
(A)
As used in this section and sections 5180.15, 5180.16, and 5180.17 of
the Revised Code:
(1)
"Child care center," "type A family child care home,"
and "licensed type B family child care home" have the same
meanings as in section 5104.01 of the Revised Code.
(2)
"Child care facility" means a child care center, a type A
family child care home, or a licensed type B family child care home.
(3)
"Foster caregiver" has the same meaning as in section
5103.02 of the Revised Code.
(4)
"Freestanding birthing center" has the same meaning as in
section 3701.503 of the Revised Code.
(5)
"Hospital" has the same meaning as in section 3722.01 of
the Revised Code to which either of the following applies:
(a)
The hospital has a maternity unit.
(b)
The hospital receives for care infants who have been transferred to
it from other facilities and who have never been discharged to their
residences following birth.
(6)
"Infant" means a child who is less than one year of age.
(7)
"Maternity unit" means the distinct portion of a hospital
in which maternity services are provided.
(8)
"Other person responsible for the infant" includes a foster
caregiver.
(9)
"Parent" means either parent, unless the parents are
separated or divorced or their marriage has been dissolved or
annulled, in which case "parent" means the parent
or
legal custodian
who
is the
residential
designated
parent
and legal custodian of the child. "Parent" also means a
prospective adoptive parent with whom a child is placed.
(10)
"Shaken baby syndrome" means signs and symptoms, including,
but not limited to, retinal hemorrhages in one or both eyes, subdural
hematoma, or brain swelling, resulting from the violent shaking or
the shaking and impacting of the head of an infant or small child.
(B)
The director of children and youth shall establish the shaken baby
syndrome education program by doing all of the following:
(1)
Developing educational materials that present readily comprehendible
information on shaken baby syndrome;
(2)
Making available on the department of children and youth web site in
an easily accessible format the educational materials developed under
division (B)(1) of this section;
(3)
Annually assessing the effectiveness of the shaken baby syndrome
education program by doing all of the following:
(a)
Evaluating the reports received pursuant to section 5180.405 of the
Revised Code;
(b)
Reviewing the content of the educational materials to determine if
updates or improvements should be made;
(c)
Reviewing the manner in which the educational materials are
distributed, as described in section 5180.15 of the Revised Code, to
determine if modifications to that manner should be made.
(C)
In meeting the requirements under division (B) of this section, the
director shall develop educational materials that, to the extent
possible, minimize administrative or financial burdens on any of the
entities or persons listed in section 5180.15 of the Revised Code.
Section
2.
That
existing sections 109.65, 313.121, 1713.55, 1733.242, 2108.81,
2111.08, 2151.011, 2151.23, 2151.33, 2151.90, 2301.03, 2307.50,
2317.02, 2701.03, 2705.031, 2901.30, 3101.041, 3105.011, 3105.21,
3105.63, 3105.65, 3109.03, 3109.04, 3109.043, 3109.05, 3109.051,
3109.052, 3109.054, 3109.055, 3109.06, 3109.061, 3109.09, 3109.11,
3109.12, 3109.401, 3109.41, 3109.42, 3109.43, 3109.44, 3109.47,
3109.48, 3109.50, 3109.51, 3109.52, 3109.53, 3109.55, 3109.56,
3109.58, 3109.60, 3109.65, 3109.66, 3109.68, 3109.74, 3111.13,
3111.26, 3111.381, 3113.31, 3119.01, 3119.06, 3119.07, 3119.08,
3119.24, 3119.82, 3119.87, 3119.964, 3125.03, 3125.06, 3125.43,
3127.01, 3127.11, 3127.23, 3127.35, 3310.51, 3313.205, 3313.64,
3313.666, 3313.672, 3313.712, 3313.96, 3313.98, 3319.321, 3321.01,
3323.143, 3328.01, 3332.25, 3333.26, 3345.85, 3701.503, 3780.33,
3796.24, 3902.13, 3924.47, 5104.017, 5104.018, 5104.039, 5107.02,
5120.652, 5120.653, 5123.01, 5153.16, and 5180.14 of the Revised Code
are hereby repealed.
Section
3.
That
sections 3109.041
,
3109.042,
and 3109.053 of the Revised Code are hereby repealed.
Section
4.
Upon
the enactment of this act, the General Assembly requests each court
with jurisdiction over domestic relations matters to review and
update the court's local rules regarding parenting time to comply
with the act's provisions, including section 3109.401 of the Revised
Code.
Section
5.
Section
2151.23 of the Revised Code is presented in this act as a composite
of the section as amended by H.B. 110, H.B. 281, H.B. 518, and S.B.
288, all of the 134th General Assembly. The General Assembly,
applying the principle stated in division (B) of section 1.52 of the
Revised Code that amendments are to be harmonized if reasonably
capable of simultaneous operation, finds that the composite is the
resulting version of the section in effect prior to the effective
date of the section as presented in this act.