As Introduced

136th General Assembly

Regular Session H. B. No. 713

2025-2026

To amend sections 3107.011, 3107.99, 5103.03, 5103.17, and 5103.99 and to enact section 2307.68 of the Revised Code regarding adoption advertising and facilitation.

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

Section 1. That sections 3107.011, 3107.99, 5103.03, 5103.17, and 5103.99 be amended and section 2307.68 of the Revised Code be enacted to read as follows:

Sec. 2307.68. (A) A person or entity that brings a civil action pursuant to division (A) of section 2307.60 of the Revised Code to recover damages from any person or entity that caused injury to person or property by violating division (B) or (C) of section 3107.011 or section 5103.17 of the Revised Code may recover damages of not less than five thousand dollars for each violation, punitive damages, and reasonable attorney's fees.

(B) As used in this section, "entity" has the same meaning as in section 1745.05 of the Revised Code.

Sec. 3107.011. (A) Except for an adoption by a stepparent, a grandparent, adult sibling, a legal custodian, or a guardian, a person seeking to adopt a minor shall utilize an agency or attorney to arrange the adoption. Only an agency or attorney may arrange an adoption. An attorney may not represent with regard to the adoption both the person seeking to adopt and the parent placing a child for adoption. As used in this chapter, "grandparent," "adult sibling," "legal custodian," and "guardian" include that individual's spouse when a joint adoption is pending.

(B) No person or entity other than an agency or attorney shall provide or offer to provide any direct or indirect service to aid or promote an adoption for direct or indirect compensation.

(1) An out-of-state person or entity that offers services prohibited under this section or section 5103.17 of the Revised Code;

(2) A person or entity in this state that is not certified under section 5103.03 of the Revised Code or offers services prohibited under this section or section 5103.17 of the Revised Code.

~~Any~~ (D) Nothing in this section shall be construed as limiting any person ~~may~~ from informally ~~aid~~ aiding or ~~promote~~ promoting an adoption, without receiving or requesting direct or indirect compensation, by making a person seeking to adopt a minor aware of a minor who will be or is available for adoption.

~~(B)~~(E) A person seeking to adopt a minor who knowingly makes a false statement that is included in an application submitted to an agency or attorney to obtain services of that agency or attorney in arranging an adoption is guilty of the offense of falsification under section 2921.13 of the Revised Code.

(F) As used in this section, "entity" has the same meaning as in section 1745.05 of the Revised Code.

Sec. 3107.99. (A) Whoever violates division (B)(1) of section 3107.17 of the Revised Code is guilty of a misdemeanor of the third degree.

(B)(1) Whoever knowingly violates division (B) of section 3107.011 of the Revised Code is guilty of a felony of the fifth degree. The court shall sentence the offender under Chapter 2929. of the Revised Code, except that, notwithstanding the conventional fines specified for felonies in section 2929.18 of the Revised Code, the court shall impose a fine of not less than fifteen thousand and not more than thirty thousand dollars.

(2) Whoever knowingly violates division (C) of section 3107.011 of the Revised Code is guilty of a misdemeanor of the first degree.

Sec. 5103.03. (A) The director of children and youth shall adopt rules as necessary for the adequate and competent management and certification of institutions or associations. The director shall ensure that foster care home study rules adopted under this section align any home study content, time period, and process with any home study content, time period, and process required by rules adopted under section 3107.033 of the Revised Code.

(B)(1) Except for facilities under the control of the department of youth services, places of detention for children established and maintained pursuant to sections 2152.41 to 2152.44 of the Revised Code, and child care centers subject to Chapter 5104. of the Revised Code, the department of children and youth shall pass upon the fitness of every institution and association that receives, or desires to receive and care for children, or places children in private homes, at a frequency established by rules adopted under division (A) of this section.

(2) When the department of children and youth is satisfied as to the care given such children, and that the requirements of the statutes and rules covering the management of such institutions and associations are being complied with, it shall issue to the institution or association a certificate to that effect. A certificate is valid for a length of time determined by rules adopted under division (A) of this section. When determining whether an institution or association meets a particular requirement for certification, the department may consider the institution or association to have met the requirement if the institution or association shows to the department's satisfaction that it has met a comparable requirement to be accredited by a nationally recognized accreditation organization.

(3) The department may issue a temporary certificate valid for less than one year authorizing an institution or association to operate until minimum requirements have been met.

(4) An institution or association that knowingly makes a false statement that is included as a part of certification under this section is guilty of the offense of falsification under section 2921.13 of the Revised Code and the department shall not certify that institution or association.

(5) The department shall not issue a certificate to a prospective foster home or prospective specialized foster home pursuant to this section if the prospective foster home or prospective specialized foster home operates as a type A family child care home pursuant to Chapter 5104. of the Revised Code. The department shall not issue a certificate to a prospective specialized foster home if the prospective specialized foster home operates a type B family child care home pursuant to Chapter 5104. of the Revised Code.

(C) The department may revoke a certificate pursuant to an adjudication under Chapter 119. of the Revised Code if it finds that the institution or association is in violation of law or rule. No juvenile court shall commit a child to an association or institution that is required to be certified under this section if its certificate has been revoked or, if after revocation, the date of reissue is less than fifteen months prior to the proposed commitment.

(D) On a frequency specified by the department by rules adopted under division (A) of this section, each institution or association desiring certification shall submit to the department a report showing its condition, management, competency to care adequately for the children who have been or may be committed to it or to whom it provides care or services, the system of visitation it employs for children placed in private homes, and other information the department requires.

(E) The department shall, not less than once each year, send a list of certified institutions and associations to each juvenile court and certified association or institution.

(F) No person shall receive children or receive or solicit money on behalf of such an institution or association not so certified or whose certificate has been revoked.

(G)(1) The director may delegate by rule any duties imposed on it by this section to inspect and approve family foster homes and specialized foster homes to public children services agencies, private child placing agencies, or private noncustodial agencies.

(2) The director shall adopt rules that require a foster caregiver or other individual certified to operate a foster home under this section to notify the recommending agency that the foster caregiver or other individual is licensed to operate a type B family child care home under Chapter 5104. of the Revised Code.

(H) If the director of children and youth determines that an institution or association that cares for children is operating without a certificate, the director may petition the court of common pleas in the county in which the institution or association is located for an order enjoining its operation. The court shall grant injunctive relief upon a showing that the institution or association is operating without a certificate.

(I) If both of the following are the case, the director of children and youth may petition the court of common pleas of any county in which an institution or association that holds a certificate under this section operates for an order, and the court may issue an order, preventing the institution or association from receiving additional children into its care or an order removing children from its care:

(1) The department has evidence that the life, health, or safety of one or more children in the care of the institution or association is at imminent risk.

(2) The department has issued a proposed adjudication order pursuant to Chapter 119. of the Revised Code to revoke the certificate of the institution or association.

(J) The department shall not certify a private child placing agency or private noncustodial agency under this section unless the agency operates as a nonprofit.

Sec. 5103.17. (A) As used in this section:

(1) "Advertise" means a method of promotion or communication that is electronic, written, visual, or oral and made by means of personal representation, newspaper, magazine, circular, billboard, direct mailing, sign, radio, television, telephone, internet, print, or ~~otherwise~~any other medium for the provision of any service to aid or promote an adoption for direct or indirect compensation by a person or entity other than a private child placing agency or private noncustodial agency certified by the department of children and youth under section 5103.03 of the Revised Code or a public children services agency.

(2) "Interested party" means any person or entity directly affected by a violation of this section, including prospective adoptive parents and birth parents.

(3) "Qualified adoptive parent" means a person who is eligible to adopt a child under section 3107.03 of the Revised Code and for whom an assessor has conducted a home study to determine whether the person is suitable to adopt a child, if required by section 3107.031 of the Revised Code.

(B) Subject to section 5103.16 of the Revised Code and to division (C)~~, (D), or (E)~~ of this section, no person or government entity, other than a private child placing agency or private noncustodial agency certified by the department of children and youth under section 5103.03 of the Revised Code or a public children services agency, shall advertise that the person or government entity will adopt children or place them in foster homes, hold out inducements to parents to part with their offspring or in any manner knowingly become a party to the separation of a child from the child's parents or guardians, except through a juvenile court or probate court commitment.

(C) ~~The biological parent of a child may advertise the availability for placement of the parent's child for adoption to a qualified adoptive parent.~~

~~(D) A qualified adoptive parent may advertise that the qualified adoptive parent is available for placement of a child into the qualified adoptive parent's care for the purpose of adopting the child.~~

~~(E)~~ A government entity may advertise about its role in the placement of children for adoption or any other information that would be relevant to qualified adoptive parents.

~~(F)~~(D) Except as provided in section 3107.055 of the Revised Code, the following apply:

(1) No person shall offer money or anything of value in exchange for placement of a child for adoption.

(2) No biological parent may request money or anything of value in exchange for placement for adoption of the parent's child with a qualified adoptive parent.

~~(G)~~(E)(1) Any person, including an interested party, who has reasonable cause to believe a violation of this section has been committed may bring a civil action for injunctive relief.

(2) If the department of children and youth has reasonable cause to believe a violation of this section has been committed, the department shall notify the attorney general or the county prosecutor, city attorney, village solicitor, or other chief legal officer of the political subdivision in which the violation has allegedly occurred. On receipt of the notification, the attorney general, county prosecutor, city attorney, village solicitor, or other chief legal officer shall take action to enforce this section through injunctive relief, restitution, or other equitable relief or criminal charge.

Sec. 5103.99. (A) Whoever violates section 5103.03 of the Revised Code shall be fined not less than five hundred nor more than one thousand dollars.

(B) Whoever violates section 5103.15, or 5103.16~~, or 5103.17~~ of the Revised Code shall be fined not less than five hundred nor more than one thousand dollars or imprisoned not more than six months, or both.

(C) Whoever negligently violates section 5103.17 of the Revised Code is guilty of a felony of the fifth degree. The court shall sentence the offender under Chapter 2929. of the Revised Code, except that, notwithstanding the conventional fines specified for felonies in section 2929.18 of the Revised Code, the court shall impose a fine of not less than five thousand and not more than fifteen thousand dollars.

Section 2. That existing sections 3107.011, 3107.99, 5103.03, 5103.17, and 5103.99 of the Revised Code are hereby repealed.