As Introduced
135th General Assembly
Regular Session H. B. No. 14
2023-2024
Representatives Creech, John
A BILL
To amend sections 2151.23, 2317.02, 2705.031, 2710.05, 2710.06, 3105.21, 3105.63, 3105.65, 3109.04, 3109.042, 3109.043, 3109.05, 3109.052, 3109.06, 3109.061, 3109.09, 3109.11, 3109.12, 3109.41, 3109.53, 3109.55, 3109.56, 3109.65, 3113.31, 3119.01, 3119.08, 3119.24, 3119.964, 3310.51, 3313.98, 3319.321, 3333.26, 3796.24, 5104.039, 5120.653, and 5153.16; to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections 3109.043 (3109.0436), 3109.052 (3109.0469), and 3109.053 (3109.0480); to enact sections 3109.044, 3109.045, 3109.046, 3109.047, 3109.048, 3109.0410, 3109.0411, 3109.0412, 3109.0413, 3109.0414, 3109.0415, 3109.0419, 3109.0420, 3109.0421, 3109.0422, 3109.0423, 3109.0424, 3109.0425, 3109.0426, 3109.0430, 3109.0431, 3109.0432, 3109.0433, 3109.0434, 3109.0435, 3109.0437, 3109.0438, 3109.0439, 3109.0440, 3109.0441, 3109.0442, 3109.0443, 3109.0445, 3109.0450, 3109.0451, 3109.0452, 3109.0453, 3109.0454, 3109.0455, 3109.0456, 3109.0457, 3109.0461, 3109.0462, 3109.0463, 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, 3109.0481, 3109.0482, 3109.0483, 3109.0484, 3109.0485, 3109.0486, 3109.0491, 3109.0492, 3109.0493, and 3109.0494; and to repeal sections 3109.041 and 3109.051 of the Revised Code regarding the allocation of parental rights and responsibilities to grant equal time and responsibility for a child.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2151.23, 2317.02, 2705.031, 2710.05, 2710.06, 3105.21, 3105.63, 3105.65, 3109.04, 3109.042, 3109.043, 3109.05, 3109.052, 3109.06, 3109.061, 3109.09, 3109.11, 3109.12, 3109.41, 3109.53, 3109.55, 3109.56, 3109.65, 3113.31, 3119.01, 3119.08, 3119.24, 3119.964, 3310.51, 3313.98, 3319.321, 3333.26, 3796.24, 5104.039, 5120.653, and 5153.16 be amended; sections 3109.043 (3109.0436), 3109.052 (3109.0469), and 3109.053 (3109.0480) be amended for the purpose of adopting new section numbers as indicated in parentheses; and sections 3109.044, 3109.045, 3109.046, 3109.047, 3109.048, 3109.0410, 3109.0411, 3109.0412, 3109.0413, 3109.0414, 3109.0415, 3109.0419, 3109.0420, 3109.0421, 3109.0422, 3109.0423, 3109.0424, 3109.0425, 3109.0426, 3109.0430, 3109.0431, 3109.0432, 3109.0433, 3109.0434, 3109.0435, 3109.0437, 3109.0438, 3109.0439, 3109.0440, 3109.0441, 3109.0442, 3109.0443, 3109.0445, 3109.0450, 3109.0451, 3109.0452, 3109.0453, 3109.0454, 3109.0455, 3109.0456, 3109.0457, 3109.0461, 3109.0462, 3109.0463, 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, 3109.0481, 3109.0482, 3109.0483, 3109.0484, 3109.0485, 3109.0486, 3109.0491, 3109.0492, 3109.0493, and 3109.0494 of the Revised Code be enacted to read as follows:
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 mentally ill person 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 3109.0445, 3109.0482, 3109.0483, 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.
(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. 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, 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, 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 mediator acting under a mediation order issued under division (A)
of section 3109.052
3109.0469
of
the Revised Code or otherwise issued in any proceeding for divorce,
dissolution, legal separation, annulment, or the allocation of
parental rights and 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 responsibilities for the
care of the parents' children, or to the awarding of parenting time
rights 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. 2705.031. (A) As used in this section, "Title IV-D case" has the same meaning as in section 3125.01 of the Revised Code.
(B)(1) Any party who has a legal claim to any support ordered for a child, spouse, or former spouse may initiate a contempt action for failure to pay the support. In Title IV-D cases, the contempt action for failure to pay support also may be initiated by an attorney retained by the party who has the legal claim, the prosecuting attorney, or an attorney of the department of job and family services or the child support enforcement agency.
(2)
Any parent who is granted parenting time rights under a parenting
time order or
decree issued
pursuant to section 3109.051
3109.0451
or
3109.12 of the Revised Code, any person who is granted visitation
rights under a visitation order or decree issued pursuant to section
3109.0513109.0452,
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 or visitation order or decree;
(5) Notice that the court may grant limited driving privileges under section 4510.021 of the Revised Code pursuant to a request made by the accused, if the driver's license was suspended based on a notice issued pursuant to section 3123.54 of the Revised Code by the child support enforcement agency and if the request is accompanied by a recent noncertified copy of a driver's abstract from the registrar of motor vehicles.
(D) If the accused is served as required by the Rules of Civil Procedure or by any special statutory proceedings that are relevant to the case, the court may order the attachment of the person of the accused upon failure to appear as ordered by the court.
(E) The imposition of any penalty for contempt under section 2705.05 of the Revised Code shall not eliminate any obligation of the accused to pay any past, present, or future support obligation or any obligation of the accused to comply with or refrain from interfering with the parenting time or visitation order or decree. The court shall have jurisdiction to make a finding of contempt for the failure to pay support and to impose the penalties set forth in section 2705.05 of the Revised Code in all cases in which past due support is at issue even if the duty to pay support has terminated, and shall have jurisdiction to make a finding of contempt for a failure to comply with, or an interference with, a parenting time or visitation order or decree and to impose the penalties set forth in section 2705.05 of the Revised Code in all cases in which the failure or interference is at issue even if the parenting time or visitation order or decree no longer is in effect.
Sec. 2710.05. (A) There is no privilege under section 2710.03 of the Revised Code for a mediation communication to which any of the following applies:
(1) The mediation communication is contained in a written agreement evidenced by a record signed by all parties to the agreement.
(2) The mediation communication is available to the public under section 149.43 of the Revised Code or made during a session of a mediation that is open, or is required by law to be open, to the public;
(3) The mediation communication is an imminent threat or statement of a plan to inflict bodily injury or commit a crime of violence.
(4) The mediation communication is intentionally used to plan, attempt to commit, or commit a crime or to conceal an ongoing crime or ongoing criminal activity.
(5) The mediation communication is sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediator.
(6) Except as otherwise provided in division (C) of this section, the mediation communication is sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediation party, nonparty participant, or representative of a party based on conduct occurring during a mediation.
(7)
Except as provided in sections 2317.02 and 3109.052
3109.0469
of
the Revised Code, the mediation communication is sought or offered to
prove or disprove abuse, neglect, abandonment, or exploitation in a
proceeding in which a child or adult protective services agency is a
party, unless the case is referred by a court to mediation and a
public agency participates.
(8) The mediation communication is required to be disclosed pursuant to section 2921.22 of the Revised Code.
(9) The mediation communication is sought in connection with or offered in any criminal proceeding involving a felony, a delinquent child proceeding based on what would be a felony if committed by an adult, or a proceeding initiated by the state or a child protection agency in which it is alleged that a child is an abused, neglected, or dependent child.
(B) There is no privilege under section 2710.03 of the Revised Code if a court, administrative agency, or arbitrator finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown that the evidence is not otherwise available, that the disclosure is necessary in the particular case to prevent a manifest injustice, and that the mediation communication is sought or offered in either of the following:
(1) A court proceeding involving a misdemeanor;
(2) Except as otherwise provided in division (C) of this section, a proceeding to prove a claim to rescind or reform or a defense to avoid liability on a contract arising out of the mediation.
(C) A mediator may not be compelled to provide evidence of a mediation communication referred to in division (A)(6) or (B)(2) of this section.
(D) If a mediation communication is not privileged under division (A) or (B) of this section, only the portion of the communication necessary for the application of the exception from nondisclosure may be admitted. Admission of evidence under division (A) or (B) of this section does not render the evidence, or any other mediation communication, discoverable or admissible for any other purpose.
Sec.
2710.06. (A)
Except as provided in division (B) of this section and section
3109.052
3109.0469
of
the Revised Code, a mediator shall not make a report, assessment,
evaluation, recommendation, finding, or other communication regarding
a mediation to a court, department, agency, or officer of this state
or its political subdivisions that may make a ruling on the dispute
that is the subject of the mediation.
(B) A mediator may disclose any of the following:
(1) Whether the mediation occurred or has terminated, whether a settlement was reached, and attendance;
(2) A mediation communication as permitted by section 2710.05 of the Revised Code;
(3) A mediation communication evidencing abuse, neglect, abandonment, or exploitation of an individual to a public agency responsible for protecting individuals against abuse, neglect, abandonment, or exploitation.
(C) A communication made in violation of division (A) of this section shall not be considered by a court, administrative agency, or arbitrator.
Sec.
3105.21. (A)
Upon satisfactory proof of the causes in the complaint for divorce,
annulment, 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
3109.0445, 3109.0482, and 3109.0483 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
3109.0445, 3109.0482, and 3109.0483 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 address the allocation of the parental rights and
responsibilities for the care of the minor children by including in
the separation agreement a plan under which both parents will have
shared rights and 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
3109.046
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 Ohio public employees deferred compensation 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
parenting by the spouses, the court shall review the plan in
accordance with the provisions of division
(D)(1) of section 3109.04 sections
3109.0410 to 3109.0413 of
the Revised Code that govern the review of a pleading or motion
requesting shared parenting 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 responsibilities
for the care of the children, to the designation of a residential
parent and legal custodian of the children, to child support, to
parenting time of parents with the children, and to 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.
3109.04. (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)
(A)
As
used in this
sectionsections
3019.04 to 3109.0436 of the Revised Code:
(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)
"Decision-making
rights and responsibilities" or "decision-making
responsibilities" means the ability to determine aspects of the
child's life, including the right and duty to protect, train, and
discipline the child and decisions regarding food, living conditions,
education, and medical care.
(3) "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)
"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)
(B)
As
used in the Revised Code,
"shared:
(1) "Companionship or visitation order" means an order issued under section 3109.0452 of the Revised Code.
(2) "Parental rights and responsibilities order" means any of the following:
(a) An order issued or modified under section 3109.0412, 3109.0424, 3109.0425, 3109.0426, 3109.0441, or 3109.0442 of the Revised Code;
(b) An order allocating parental rights and responsibilities for the care of a child issued under section 3109.04 of the Revised Code, as it existed prior to the effective date of this section, that is not a decree or order for shared parenting.
(3) "Parenting time" means the time that a child is physically located with, and under the care, responsibility, tutelage, and protection of a parent.
(4) "Parenting time order" means an order issued under section 3109.0451 of the Revised Code.
(5)
"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
all
or some of the aspects of physical and legal care of their children.
(6) "Shared parenting order" means any of the following:
(a) Any order allocating parental rights and responsibilities for the care of children as shared parenting that is issued or modified under section 3109.0413, 3109.0439, 3109.0440, or 3109.0443 of the Revised Code;
(b) An order allocating parental rights and responsibilities for the care of a child issued under section 3109.04 of the Revised Code, as it existed prior to the effective date of this section, that is a decree or order for shared parenting.
(L)
For purposes of the Revised Code:
(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.
3109.042. (A)
An unmarried female who gives birth to a child is the sole
residential parent and legal custodian of the child until a court of
competent jurisdiction issues an order designating
another person as the residential parent and legal
custodianallocating
parental rights and responsibilities regarding the child in
accordance with sections 3109.04 to 3109.0445, 3109.0482, 3109.0483,
and 3127.01 to 3127.53 of the Revised Code.
A court designating
the residential parent and legal custodian of a child making
an allocation as described
in this section shall treat the mother and father as standing upon an
equality
when
making the designation.
(B) Notwithstanding division (A) of this section, an unmarried female who has been convicted of or pleaded guilty to rape or sexual battery and has been declared under section 3109.501 of the Revised Code to be the parent of a child born as a result of rape or sexual battery shall not be a residential parent and legal custodian of that child.
Sec. 3109.044. It is the policy of this state:
(A) To assure that minor children have frequent associations and a continuing relationship with both parents after the parents have legally separated, divorced, or dissolved or annulled their marriage or in situations in which the mother is unmarried;
(B) To encourage parents to share the rights and responsibilities of child rearing;
(C) That, to the greatest degree possible, parents share equally in parenting time and the rights and responsibilities of rearing their children.
Sec. 3109.045. (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 3109.0469 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 section 3109.0435 of the Revised Code, the court shall allocate parental rights and responsibilities for the care of the children in accordance with the policy stated in section 3109.044 of the Revised Code and in a manner that promotes the best interest of the children.
(B) In allocating parental rights and responsibilities for the care of the child, the court shall encourage the parents to jointly submit a shared parenting agreement under section 3109.047 of the Revised Code.
(C) The court may allocate parental rights and responsibilities in one of the following ways:
(1) In a shared parenting order issued under section 3109.0413 of the Revised Code;
(2) A parental rights and responsibilities order under section 3109.0412, 3109.0424, 3109.0425, or 3109.0426 of the Revised Code.
Sec. 3109.046. Every shared parenting order and parental rights and responsibilities order shall include all of the following:
(A) Provisions regarding each child's needs that are consistent with the child's age, developmental stage, and maturation;
(B) The designation of a parent for the following purposes:
(1) Paying and receiving child support, health care coverage, and cash medical support in accordance with Chapters 3119., 3121., 3123., and 3125. of the Revised Code;
(2) Determining the school district of attendance;
(3) Claiming the child as a dependent for income tax purposes;
(4) For any other purpose requiring designation of one parent, 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 or parents, vacations, and other relevant times;
(D) The frequency, time, and method of the child's communication with a parent 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 extracurricular 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 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 extracurricular 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 responsibility for the child's financial support, consistent with section 3109.05 and Chapters 3119., 3121., 3123., and 3125. of the Revised Code;
(K) Procedures for the parents to resolve disputes through nonadversarial dispute resolution processes;
(L) Each parent's responsibility to provide written notification to the other parent and the court of a change of contact information, including street address, mailing address, electronic mail 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. 3109.047. 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, the parents of a child may jointly make and file with the court a shared parenting agreement for the allocation of parental rights and responsibilities.
Sec. 3109.048. A shared parenting agreement shall contain provisions that address all the requirements of section 3109.046 of the Revised Code and shall be filed not later than thirty days before a hearing to determine the allocation of parental rights and responsibilities, except that the court may waive the thirty-day deadline for good cause shown.
Sec. 3109.0410. If the parents have an agreement allocating the parental rights and responsibilities for the care of the children, to be incorporated into a shared parenting order as originally issued or as modified, there is a rebuttable presumption the agreement is in the best interest of the children, unless the court finds, by clear and convincing evidence, based on the factors listed in section 3109.0411 of the Revised Code, that the allocation would be detrimental to the children.
Sec. 3109.0411. In determining whether the presumption under section 3109.0410 of the Revised Code is rebutted, the court shall consider all relevant factors, including the following:
(A) The demonstrated ability of each parent to cooperate with the other parent and to encourage the sharing of love, affection, and contact between the child and the other parent.
(B) Any history of child abuse or neglect, spouse abuse, other domestic violence, or parental kidnapping by either parent, including 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;
(C) The mental and physical health of all persons involved in the situation;
(D) Whether a parent is totally incapable of supporting or caring for the child.
Sec. 3109.0412. (A) If, based on section 3109.0411 of the Revised Code, the court determines by clear and convincing evidence that the presumption in section 3109.0410 of the Revised Code is rebutted, the court shall require the parents to make appropriate changes to the plan or any part of the plan to meet the court's objections to it, subject to section 3109.0435 of the Revised Code.
(B) If the court determines that changes to the plan meet the court's objections, the court shall approve the plan.
(C) If the court determines that changes to the plan do not 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 does not meet the court's objections, the court shall proceed as if no shared parenting agreement has been filed, pursuant to sections 3109.0420 to 3109.0426 of the Revised Code.
Sec. 3109.0413. (A) A court shall approve a shared parenting agreement submitted under section 3109.047 of the Revised Code if the agreement has not been rebutted based on section 3109.0411 of the Revised Code, in accordance with section 3109.0410 of the Revised Code.
(B) If a court approves a shared parenting agreement, the agreement shall be incorporated into an order granting shared parenting of the children. Any such order 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.
(C) No provisional order shall be issued in relation to any shared parenting agreement approved under this section. An order issued under this section takes immediate effect as a final order as of the date of its issuance, subject to modification or termination as authorized by this section.
Sec. 3109.0414. If the court issues an order allocating parental rights and responsibilities for the care of the children and the court designates a parent's residence to serve as the child's home for the purpose of receiving public assistance or establishing the school district of residence as required under section 3109.046 of the Revised Code, such a designation does not affect the child's residency for any other purpose, nor does it affect a parent's status as a legal custodian of the child or that parent's status as a residential parent for any other purpose.
Sec. 3109.0415. (A) Unless the context clearly requires otherwise, if an order is issued by a court pursuant to sections 3109.0413, 3109.0424, 3109.0425, or 3109.0426 of the Revised Code 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.
(B) Unless the context clearly requires otherwise and except as otherwise provided in the order, if an order is issued by a court pursuant to sections 3109.0413, 3109.0424, 3109.0425, and 3109.0426 of the Revised Code 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.
(C) 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," 26 U.S.C. 1, as amended, or as the residential parent for purposes of receiving public assistance pursuant to section 3109.0414 of the Revised Code, does not affect the designation pursuant to division (B) of this section of each parent as the "residential parent," the "residential parent and legal custodian," or the "custodial parent" of the child.
Sec. 3109.0419. (A) When the parents have not entered into a shared parenting agreement under section 3109.047 of the Revised Code, with the intent to have it incorporated into an original order, or a modified decree or order, allocating parental rights and responsibilities for their children, each parent shall submit to the court all of the following information:
(1) The parent's work schedule;
(2) Living arrangements of the parent and the child;
(3) Factors for rebutting a presumption under section 3109.0420 of the Revised Code, if any, based on section 3109.0421 or 3109.0422 of the Revised Code, whichever is applicable;
(4) Any other circumstances that are relevant to determining the allocation of parental rights and responsibilities and an appropriate parenting time schedule to maximize the child's time with each parent.
(B) Each parent shall submit the information in division (A) of this section not later than thirty days before a hearing to determine the allocation of parental rights and responsibilities, except that the court may waive the thirty-day deadline for good cause shown.
Sec. 3109.0420. When the parents have not entered into a shared parenting agreement under section 3109.047 of the Revised Code, with the intent to have it incorporated into an original order, or a modified decree or order, allocating parental rights and responsibilities for their children, both of the following apply:
(A) There is a rebuttable presumption that equal decision-making rights and responsibilities between the parents, with both parents remaining legal custodians and residential parents, is in the best interest of the children. This presumption is rebutted only if the court finds by clear and convincing evidence, based on the factors listed in section 3109.0421 of the Revised Code, that such an arrangement would be detrimental to the children. If a parent objects to both parents retaining equal decision-making responsibilities and requests to be designated the sole residential parent and legal custodian, that parent bears the burden of proof that the agreement would be detrimental to the children. If the court finds the presumption is rebutted, it shall issue findings of fact and conclusions of law supporting the determination.
(B) There is a rebuttable presumption that equal parenting time is in the best interest of the children. This presumption is rebutted only if the court finds by clear and convincing evidence, based on the factors listed in section 3109.0422 of the Revised Code, that an equal parenting time arrangement would be detrimental to the minor children. If a parent objects to equal parenting time, that parent bears the burden of proof that such an arrangement would be detrimental to the minor children. If the court finds the presumption is rebutted, it shall issue findings of fact and conclusions of law supporting the determination.
Sec. 3109.0421. In determining whether the presumption under division (A) of section 3109.0420 of the Revised Code of equal decision-making rights and responsibilities between the parents, with both parents remaining legal custodians and residential parents, is rebutted, the court shall consider all relevant factors, including the following:
(A) The demonstrated ability of each parent to cooperate with the other parent and to encourage the sharing of love, affection, and contact between the child and the other parent;
(B) Any history of child abuse or neglect, spouse abuse, other domestic violence, or parental kidnapping by either parent, including 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.
(C) The mental health of all persons involved in the situation;
(D) The recommendation of the guardian ad litem of the child, if the child has a guardian ad litem, provided that the court does not rely on that recommendation as the sole basis for its determination and the recommendation is subject to the policy stated in section 3109.044 of the Revised Code;
(E) Whether a parent is totally incapable of supporting or caring for the child.
Sec. 3109.0422. In determining whether the presumption, under division (B) of section 3109.0420 of the Revised Code of equal parenting time, is rebutted, the court shall consider all relevant factors, including the following:
(A) Any history of child abuse, spouse abuse, other domestic violence, or parental kidnapping by either parent, including 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.
(B) The geographic proximity of the parents to each other at the time of initial filing, as the proximity relates to the practical considerations of parenting time and whether a parent has relocated to impede equal parenting time;
(C) If the court has interviewed the child in chambers pursuant to section 3109.0430 of the Revised Code, 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;
(D) The child's interaction and interrelationship with the child's parents, siblings, and any other person who has a significant relationship with the child;
(E) The child's adjustment to the child's home, school, and community;
(F) The mental and physical health of all persons involved in the situation;
(G) Whether a parent has continuously and willfully interfered with or denied the other parent's right to parenting time in accordance with an order of the court;
(H) Whether either parent has established a residence, or is planning to establish a residence, outside this state;
(I) The recommendation of the guardian ad litem of the child, if the child has a guardian ad litem, provided that the court does not rely on the recommendation as the sole basis for its determination and the recommendation is subject to the policy stated in section 3109.044 of the Revised Code;
(J) Whether a parent is totally incapable of supporting or caring for the child.
Sec. 3109.0423. If, based on section 3109.0421 or 3109.0422 of the Revised Code, the court determines by clear and convincing evidence that either or both presumptions under section 3109.0420 of the Revised Code are rebutted, the court shall determine whether a parent has intentionally done any of the following:
(A) Misled the court to cause an unnecessary delay, increase the cost of litigation, or persuade the court to give that parent a preference regarding decision-making rights and responsibilities or parenting time, whichever presumption has been rebutted;
(B) Made false allegations against the other parent of harm to the child;
(C) Communicated false information to law enforcement, a public children services agency, or the court in order to gain a tactical advantage in a proceeding to determine the allocation of parental rights and responsibilities.
Sec. 3109.0424. (A) If the court determines by clear and convincing evidence that the presumption under section 3109.0420 of the Revised Code regarding equal decision-making responsibilities between the parents is rebutted, the court shall do the following:
(1) Issue an order designating one parent as the residential parent and legal custodian of the child;
(2) Allocate most of the decision-making rights and responsibilities to the parent who has:
(a) Demonstrated a greater and consistent willingness to cooperate with the other parent and to encourage the sharing of love, affection, and contact between the child and the other parent;
(b) Not been determined to have done any of the actions in section 3109.0423 of the Revised Code.
(B) If the court determines that the equal decision-making rights and responsibilities presumption is rebutted, but has not determined that the equal parenting time presumption under section 3109.0420 of the Revised Code is rebutted, the court shall award equal parenting time between the parents.
Sec. 3109.0425. (A) If the court determines by clear and convincing evidence that the presumption under section 3109.0420 of the Revised Code regarding equal parenting time is rebutted, the court shall do the following:
(1) Issue an order allocating parental rights and responsibilities with unequal parenting time in accordance with its determination;
(2) Award the majority of parenting time to the parent who:
(a) Is more likely to honor and facilitate parenting time for the other parent or visitation and companionship for others, if the court determines that one parent has interfered with or continuously and willfully denied the other parent's right to parenting time in accordance with an order of the court, unless the court finds by clear and convincing evidence that such an award would be detrimental to the child for other reasons provided in section 3109.0422 of the Revised Code;
(b) Has not been determined to have done any of the actions in section 3109.0423 of the Revised Code.
(3) Construct a parenting time schedule with the child that is consistent with ensuring the child's welfare.
(B) If the court determines that the equal parenting time presumption is rebutted, but has not determined that the equal decision-making rights and responsibilities presumption under section 3109.0420 of the Revised Code is rebutted, it shall award equal decision-making rights and responsibilities to the parents.
Sec. 3109.0426. If the presumptions under section 3109.0420 of the Revised Code have not been rebutted in accordance with section 3109.0421 or 3109.0422 of the Revised Code, the court shall issue an order allocating both of the following to the parents:
(A) Equal decision-making rights and responsibilities, with both parents being designated as the residential parent and legal custodian of the child;
(B) Equal parenting time.
Sec. 3109.0430. (A) 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.
(B) If the court interviews any child pursuant to division (A) of this section, all of the following apply:
(1) The court, in its discretion, may and, upon the motion of either parent, shall appoint a guardian ad litem for the child.
(2) 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.
(3) 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.
(C) 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.
Sec. 3109.0431. 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 or parental rights and responsibilities order. 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 or parental rights and responsibilities 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 or parental rights and responsibilities order and it makes specific written findings of fact to support its determination.
Sec. 3109.0432. 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.
Sec. 3109.0433. 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 division (B) of section 3109.0411, division (B) of section 3109.0421, division (A) of section 3109.0422, or section 3109.0431 of the Revised Code.
Sec. 3109.0434. When allocating parental rights and responsibilities for the care of children in either a shared parenting order or a parental rights and responsibilities order, the court shall not draw any presumptions from a temporary order under section 3109.0436 of the Revised Code or consider a temporary order as a factor in making a final decision.
Sec. 3109.0435. 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 allocated the parental rights and responsibilities for 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.
Sec.
3109.043
3109.0436.
(A)
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.
(B) In accordance with section 3109.044 of the Revised Code:
(1) If both parents jointly request the terms of a temporary allocation of parental rights and responsibilities, the court shall incorporate those terms into the temporary order, unless the court finds by clear and convincing evidence that it would be detrimental to the child.
(2)(a) If requested by a parent when the parents do not agree on the terms of a temporary allocation of parental rights and responsibilities, the court shall provide in the temporary order equal parenting time with the child, unless the court finds by clear and convincing evidence that it would be detrimental to the child. If either parent objects to equal parenting time, that parent bears the burden of proof that equal parenting time would be detrimental to the child. If the court determines by clear and convincing evidence that equal parenting time would be detrimental to the child, it shall issue findings of fact and conclusions of law supporting the determination.
(b) If requested by a parent when the parents do not agree on the terms of a temporary allocation of parental rights and responsibilities, the court shall provide in the temporary order equal decision-making responsibilities for both parents, unless the court finds by clear and convincing evidence that it would be detrimental to the child. If either parent objects to equal decision-making responsibilities and requests to be designated as the sole residential parent and legal custodian of the child, that parent bears the burden of proof that equal decision-making responsibilities would be detrimental to the child. If the court grants the parent's request for the designation as sole residential parent and legal custodian, it shall issue findings of fact and conclusions of law supporting the determination.
(C)
If
a parent and child relationship has not already been established
pursuant to section 3111.02 of the Revised Code, the court may
shall
take
into consideration when determining whether to award parenting time,
visitation rights, or temporary custody 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 a clear pattern of a parent and
child relationship between the child and the putative father exists.
(D) The court may extend a temporary order that is issued under this section if the parents file a joint motion requesting an extension.
Sec. 3109.0437. The court shall issue a final shared parenting order under section 3109.0413 of the Revised Code or a parental rights and responsibilities order under section 3109.0412, 3109.0424, 3109.0425, or 3109.0426 of the Revised Code not later than nine months after either of the following, whichever is applicable:
(A) The date that a party files a motion for a temporary order to allocate parental rights and responsibilities under division (A) of section 3109.0436 of the Revised Code;
(B) If a temporary order has been extended, the date that the parties last filed a joint motion requesting an extension under division (D) of section 3109.0436 of the Revised Code.
Sec. 3109.0438. One or both of the parents under a parental rights and responsibilities order or a shared parenting order may file a motion requesting that the order be modified or terminated in accordance with sections 3109.0439 to 3109.0443 of the Revised Code.
Sec. 3109.0439. (A) If both parents under a shared parenting order agree to a modification of the shared parenting agreement incorporated into the order and jointly file a motion with the court requesting the modification, the court shall issue a modified shared parenting order incorporating the modified agreement, if the court finds the modified agreement is not detrimental to the child based on the factors under section 3109.0411 of the Revised Code. If the court finds the modified agreement is detrimental, it shall dismiss the motion requesting modification.
(B) If one parent under a shared parenting order files a motion requesting modification of the shared parenting agreement incorporated into the order, or if both parents file separate motions requesting modifications of that agreement, the court may do any of the following, as applicable, provided that, based on facts that have arisen that were unknown to the court at the time of the issuance of the existing order, a change has occurred in the circumstances of the child, the child's residential parent, or either parent subject to the order:
(1) If the court determines that the requested changes to the agreement are not detrimental to the child under section 3109.0411 of the Revised Code, issue a modified shared parenting order that incorporates the modified agreement;
(2) If the court determines that the requested changes to the agreement are detrimental to the child under section 3109.0411 of the Revised Code and the existing plan is not detrimental to the child, dismiss the motion to modify the shared parenting order;
(3) If the court determines that the requested changes to the agreement are detrimental to the child under section 3109.0411 of the Revised Code and the existing plan is detrimental to the child, terminate the existing shared parenting order.
Sec. 3109.0440. A court may terminate a shared parenting order on the motion of one or both parents if the court determines either of the following:
(A) The shared parenting agreement incorporated into the order is detrimental to the child based on the factors under section 3109.0411 of the Revised Code.
(B) One parent demonstrates a pattern of willfully creating conflict in an attempt to disrupt a current or pending shared parenting arrangement and the court determines both of the following by clear and convincing evidence:
(1) It is unable to enter a shared parenting order that will reduce areas of conflict caused by the disruptive parent.
(2) The disruptive behavior is a material change of circumstances.
Sec. 3109.0441. (A) On termination of a shared parenting order under section 3109.0439 or division (A) of section 3109.0440 of the Revised Code, the court shall issue a parental rights and responsibilities order for the care of the child pursuant to sections 3109.0420 to 3109.0426 of the Revised Code as if no shared parenting order had been issued.
(B) On termination of the shared parenting order under division (B) of section 3109.0440 of the Revised Code, the court shall issue a parental rights and responsibilities order that designates the nondisruptive parent as the residential parent and legal custodian of the child in accordance with sections 3109.0421, 3109.0422, 3109.0424, and 3109.0425 of the Revised Code.
Sec. 3109.0442. (A) If one parent under a parental rights and responsibilities order files a motion requesting modification of the order, or if both parents file separate motions requesting modifications of the order, the court may make modifications to the order if it determines both of the following:
(1) The order is detrimental to the child based on the factors under sections 3109.0421 and 3109.0422 of the Revised Code.
(2) That, based on facts that have arisen since the prior order that were unknown to the court at the time of the prior order, a change has occurred in the circumstances of the child, the child's residential parent, or either parent subject to the order.
(B) The court shall approve only modifications that are consistent with the requirements of sections 3109.044, 3109.0424, and 3109.0425 of the Revised Code.
Sec. 3109.0443. Both parents under a parental rights and responsibilities order may jointly file a motion requesting the court to modify the order as a shared parenting order. The motion shall include a shared parenting agreement that meets the requirements of section 3109.046 of the Revised Code. The court shall comply with the requirements of sections 3109.0410 to 3109.0413 of the Revised Code in making a determination on the motion and may issue a shared parenting order.
Sec. 3109.0445. If an appeal is taken from a decision of a court that grants or modifies a decree or order allocating parental rights and responsibilities for the care of children, the court of appeals shall give the case calendar priority and handle it expeditiously.
Sec. 3109.0450. As used in sections 3109.0450 to 3109.0469:
(A) "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.
(B) "Confidential law enforcement investigatory record" has the same meaning as in section 149.43 of the Revised Code.
(C) "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:
(1) Records maintained by public and nonpublic schools;
(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;
(3) Records maintained by hospitals, other facilities, or persons providing medical or surgical care or treatment for the child;
(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. 3109.0451. If a divorce, dissolution, legal separation, or annulment proceeding involves a child and if the court has not issued a shared parenting or parental rights and responsibilities order where both parents are the residential parent and legal custodian of the child, the court shall make a just and reasonable order 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 finds by clear and convincing evidence that it would be detrimental to the child to permit that parent to have parenting time with the child, based on the factors provided in section 3109.0453 of the Revised Code, and includes in the journal its findings of fact and conclusions of law supporting the determination. Whenever possible, the order 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 order 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.
Sec. 3109.0452. (A) 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:
(1) The grandparent, relative, or other person files a motion with the court seeking companionship or visitation rights.
(2) The court determines that the grandparent, relative, or other person has an interest in the welfare of the child.
(3) The court determines that the granting of the companionship or visitation rights would not be detrimental to the child, based on the factors in section 3109.0453 of the Revised Code.
(B) A motion may be filed under division (A)(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.
Sec. 3109.0453. In determining whether to grant parenting time to a parent pursuant to section 3109.0451 or 3109.12 of the Revised Code or companionship or visitation rights to a grandparent, relative, or other person pursuant to section 3109.0452, 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 section 3109.0451 or 3109.12 of the Revised Code or visitation matters under section 3109.0452, 3109.11, or 3109.12 of the Revised Code, the court shall consider all of the following factors:
(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 if that person is not a parent, sibling, or relative of the child;
(B) 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;
(C) 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;
(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 3109.0455 of the Revised Code, 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;
(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) 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;
(K) 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;
(L) 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;
(M) Whether the residential parent or one of the parents subject to a shared parenting or parental rights and responsibilities order has continuously and willfully denied the other parent's right to parenting time in accordance with an order of the court;
(N) Whether either parent has established a residence or is planning to establish a residence outside this state;
(O) 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;
(P) Any other factor in the best interest of the child.
Sec. 3109.0454. When determining whether to grant parenting time rights to a parent pursuant to section 3109.0451 or 3109.12 of the Revised Code or to grant companionship or visitation rights to a grandparent, relative, or other person pursuant to section 3109.0452, 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 section 3109.0451 or 3109.12 of the Revised Code or visitation matters under section 3109.0452, 3109.11, or 3109.12 of the Revised Code, the court shall consider any mediation report that is filed pursuant to section 3109.0469 of the Revised Code and shall consider all other relevant factors, including, but not limited to, all of the factors listed in section 3109.0453 of the Revised Code.
Sec. 3109.0455. In considering the factors listed in section 3109.0453 of the Revised Code 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 section 3109.0451 or section 3109.12 of the Revised Code or visitation matters under section 3109.0452, 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 section 3109.0453 of the Revised Code 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 section 3109.0451 or 3109.12 of the Revised Code or visitation matters under section 3109.0452, 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.
Sec. 3109.0456. Any parent who requests parenting time rights with respect to a child under section 3109.0451 or 3109.12 of the Revised Code or any person who requests reasonable companionship or visitation rights with respect to a child under section 3109.0452, 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.
Sec. 3109.0457. 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.
Sec. 3109.0461. (A) 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 this section is in contempt of court.
(B) 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 (A) 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 (A) 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 (A) 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 this section or with any order issued pursuant to this section is in contempt of court.
(C) 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 (A) or (B) 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.
Sec. 3109.0462. A court that issues a parenting time order pursuant to section 3109.0451 or 3109.12 of the Revised Code shall determine whether the parent granted parenting time is to be permitted access, in accordance with section 5104.039 of the Revised Code, to any child day-care center that is, or that in the future may be, attended by the children with whom 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.
Sec. 3109.0463. (A) Subject to division (F) of section 3319.321 of the Revised Code, when a court issues an order 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 this section is in contempt of court.
(B) Subject to division (F) of section 3319.321 of the Revised Code, subsequent to the issuance of an order under division (A) 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 (A) 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 (A) 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 this section or with any order issued pursuant to division (A) of this section is in contempt of court.
Sec. 3109.0466. (A) If the court, pursuant to section 3109.0451 of the Revised Code, denies parenting time to a parent who is not the residential parent or denies a motion for reasonable companionship or visitation rights filed under section 3109.0452 of the Revised Code, the court shall state in writing its findings of fact and conclusions of law in accordance with Civil Rule 52 and, if applicable, Civil Rule 53 and issue a transition plan pursuant to section 3109.0467 of the Revised Code.
(B) Each court of common pleas, by rule, shall adopt standard parenting time guidelines, subject to the policy stated in section 3109.044 of the Revised Code and the presumption in division (B) of section 3109.0420 of the Revised Code. A court has discretion to deviate from its standard parenting time guidelines based upon factors set forth in section 3109.0453 of the Revised Code.
Sec. 3109.0467. (A) Subject to division (B) of this section, if the court denies parenting time to a parent who is not the residential parent and legal custodian of the child pursuant to section 3109.0451 of the Revised Code, the court shall establish a transition plan, to be issued at the same time as the denial of parenting time, to encourage, facilitate, and establish or re-establish the relationship between that parent and the child, provided that the parent has demonstrated a desire and ability to establish or re-establish a relationship with the child.
(B) The court shall not issue a transition plan if either of the following apply regarding the parent who was denied parenting time:
(1) The parent has a history of any of the actions described in division (K) of section 3109.0453 of the Revised Code;
(2) The court, after considering division (B) of section 3109.0453 of the Revised Code, determines that the parent lives too far away geographically from the child and is not willing to relocate closer in order to establish or re-establish a relationship with the child and that parent.
(C)(1) A transition plan issued under this section shall allow the parent to complete the plan not later than twelve months after the date of the denial of parenting time and the issuance of the transition plan, except that a joint motion requesting the court to modify the parental rights and responsibilities order as a shared parenting order under division (D)(1) of this division shall suspend the twelve-month period for the length of time from the filing of the motion to the issuance of a decision on the motion.
(2) Satisfactory completion of a transition plan shall be considered a change in circumstances for the modification of a parental rights and responsibilities order under section 3109.0442 of the Revised Code.
(D)(1) On or before satisfactory completion of the transition plan, either of the following may apply:
(a) Both parents may jointly file a motion requesting the court to modify the parental rights and responsibilities order as a shared parenting order pursuant section 3109.0443 of the Revised Code;
(b) One parent may file a motion, or both parents may file separate motions, requesting modifications of the parental rights and responsibilities order pursuant to section 3109.0442 of the Revised Code.
(2) If a motion is not filed under division (D)(1) of this section, the court, on its own motion and upon the parent's satisfactory completion of the transition plan, shall modify the parental rights and responsibilities order to provide for equal decision-making rights and responsibilities and equal parenting time.
Sec. 3109.0468. The juvenile court has exclusive jurisdiction to enter the orders in any case certified to it from another court.
Sec.
3109.052
3109.0469.
(A)
If a proceeding for divorce, dissolution, legal separation,
annulment, or the allocation of parental rights and responsibilities
for the care of a child involves one or more children, if the parents
of the children do not agree upon an appropriate allocation of
parental rights and 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 to mediate their
differences on those matters in accordance with mediation procedures
adopted by the court by local rule. When the court determines whether
mediation 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.
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 sections
3109.04 to 3109.0445, 3109.0482, and 3109.0483 of
the Revised Code and when it establishes a specific schedule of
parenting time under section 3109.051
3109.0451
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 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 responsibilities for the care of the parents' children, or to the awarding of parenting time rights in relation to their children. 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. 3109.0470. A relocation of a parent's or child's residence occurs when there is a change of address.
Sec. 3109.0471. Except as provided in section 3109.0474 of the Revised Code:
(A) A relocating parent shall file a notice of intent to relocate with the clerk of the court where the shared parenting order or parental rights and responsibilities order was issued.
(B) The clerk shall send a copy of the notice to the last known address of the nonrelocating parent.
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 parent knew of the intended relocation if the relocating parent 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 electronic mail address;
(E) Date of relocation;
(F) Notice to the nonrelocating parent 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 by the relocating parent and a finding by the court that the health, safety, and welfare or liberty of a person, including a child, would be put at risk by the relocating parent 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 parents 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 parents notice of the date, time, and location of the hearing.
Sec. 3109.0475. If a parent 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:
(A) As a factor in making its determination regarding the relocation;
(B) As a factor in determining a modification of a shared parenting agreement that has been incorporated into a shared parenting order or a parental rights and responsibilities order, and the court shall not consider that the child has been integrated into the new surroundings;
(C) As a basis for ordering the return of the child if the relocation has taken place without notice;
(D) As a basis for awarding attorney fees and expenses;
(E) As a factor in a finding of contempt.
Sec. 3109.0476. A nonrelocating parent may file a motion objecting to the relocation and seek an order restricting the relocation when the relocation would render any portion of a shared parenting order or a parental rights and responsibilities order impracticable or detrimental to the child.
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, the court shall determine whether the relocation is detrimental to the child based on the factors in section 3109.0411, 3109.0421, 3109.0422, or 3109.0453 of the Revised Code, whichever is applicable, and consider all of the following factors to foster a continuing meaningful relationship between the child and the nonrelocating parent:
(A) The reason presented for seeking or opposing the relocation;
(B) The realistic ability to preserve the relationship between the child and the nonrelocating parent 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 parent that the relocation may afford;
(E) Whether a presumption has previously been rebutted under section 3109.0411, 3109.0421, 3109.0422, or 3109.0453 of the Revised Code, whichever is applicable;
(F) The child's stability;
(G) Any other factor the court determines relevant.
Sec.
3109.053
3109.0480.
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, the court may require, by
rule or otherwise, that the parents attend classes on parenting or
other related issues or obtain counseling before the court issues an
order allocating the parental rights and responsibilities for the
care of the minor children of the marriage. If a court in any
proceeding requires parents to attend classes on parenting or other
related issues or to obtain counseling, the court may require that
the parents' children attend the classes or counseling with the
parents. If the court orders the parents to attend classes or obtain
counseling, the court shall impose the cost of the classes and
counseling on, and may allocate the costs between, the parents,
except that if the court determines that both parents are indigent,
the court shall not impose the cost of the classes or counseling on
the parents.
Sec. 3109.0481. (A) Subject to division (B) of this section, 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 the child, if the court determines, based on an investigation or other evidence presented to it, that a person intentionally made a false accusation of child abuse or neglect against a parent, the court may impose a reasonable monetary sanction against the person making the accusation. The sanction shall not exceed the total of all costs directly incurred by the parent as a result of defending the accusation and reasonable attorney's fees incurred in recovering the sanction against the person making the accusation.
(B) If the person who made the accusation is a parent and the court determines that a sanction under division (A) of this section would directly and negatively impact the child's well-being, the court shall order that person to perform an appropriate amount of community service hours, to be scheduled when that person is not exercising parenting time with the child.
(C) If, 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, a person intentionally makes an accusation of child abuse or neglect against a parent that the court has determined to be false and the accusation results in the accused parent being denied parenting time, the court shall order reasonable makeup parenting time for that parent.
(D) As used in this section, "person" means a party, a party's attorney, or a witness.
Sec. 3109.0482. As used in sections 3109.0482 to 3109.0484 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. (A) 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.
(B) On receipt of the notice described in division (A) 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 or order 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 or order, 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 or order pursuant to section 3109.0439, 3109.0442, or 3109.0443 of the Revised Code. The court shall make specific written findings of fact to support any modification under this division.
(C) Nothing in this section prevents 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 (E) of this section, unless the other parent demonstrates by clear and convincing evidence that the prior order would be detrimental to the child based on the factors in section 3109.0411 of the Revised Code.
(D) 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.
(E) 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.
Sec. 3109.0484. (A) 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:
(1) 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;
(2) 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;
(3) 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.
(B)(1) 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 (A) 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.
(2) The court shall schedule a hearing upon receipt of an application under 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.
(3) In determining whether a delegation under division (A)(1) of this section is in the child's best interest, the court shall consider all relevant factors, including the factors set forth in this section.
(4) An order delegating all or part of the parent's parenting time pursuant to division (A)(1) 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.
(C) 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.
Sec. 3109.0485. The following orders remain in effect but shall be enforced and modified in accordance with sections 3109.04 to 3109.0486 of the Revised Code as amended and enacted by this act:
(A) Orders allocating parental rights and responsibilities for the care of a child issued under section 3109.04 of the Revised Code as that section existed prior to the effective date of this act;
(B) Parenting time orders and orders for companionship or visitation issued under section 3109.051 of the Revised Code as that section existed prior to the effective date of this act.
Sec. 3109.0486. (A) Each court that issues an order allocating parental rights and responsibilities of children in a divorce, dissolution of marriage, legal separation, child support proceeding, a proceeding under section 3109.12 of the Revised Code, or any other proceeding in which parents agreed to a judgment by the court with regard to time that a parent spends with a child, shall compile a report, to be completed annually, of data regarding the division of parenting time, as tracked by overnight stays with a parent. The report shall identify the type of case involving parenting time, such as a shared parenting order, parental rights and responsibilities allocation order, or parenting time order. The report shall also track the number of cases of agreed judgment entries that were contested and ordered by the court. The report shall not include any personally identifiable information.
(B) Records provided in division (A) of this section shall be published on the court's web site or otherwise made publicly available, upon request.
Sec. 3109.0491. On filing of a motion and supporting affidavit alleging interference with parenting time under a shared parenting order or parental rights and responsibilities order, a court shall hold a hearing not later than twenty-eight days after filing, unless for good cause shown the hearing shall be conducted earlier.
Sec. 3109.0492. Any time prior to ruling upon a motion alleging interference with parenting time under a shared parenting order or parental rights and responsibilities order, the court may issue temporary orders necessary to protect the relationship between parent 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 under a shared parenting order or parental rights and responsibilities order, the court shall issue both of the following:
(A) An award of compensatory parenting time, provided that compensatory parenting time is not detrimental to the child based on the factors in section 3109.0411, 3109.0421, 3109.0422, or 3109.0453 of the Revised Code, whichever is applicable;
(B) An award of any reasonable attorney's fees and court costs arising in relation to the act of interference with parenting time.
Sec. 3109.0494. After a hearing under section 3109.0491 of the Revised Code, and upon a finding there has been unreasonable interference with parenting time under a shared parenting order or parental rights and responsibilities order, the court may issue any of the following:
(A) On the court's own motion or upon motion by one or both parents pursuant to section 3109.0439, 3109.0442, or 3109.0443 of the Revised Code, a modified shared parenting order or parental rights and responsibilities order to prevent future interference with parenting time in the best interest of a child;
(B) An order to require parents or the child to attend counseling, education, or coaching;
(C) An order to post bond, either in cash or with sufficient sureties, conditioned upon compliance with the parenting time provisions in the shared parenting order or parental rights and responsibilities order;
(D) An award of reasonable costs and fees for mediation, counseling, parent and child education, and supervised parenting time or exchange;
(E) Any other remedy that the court considers appropriate.
Sec. 3109.05. (A)(1) In a divorce, dissolution of marriage, legal separation, or child support proceeding, the court may order either or both parents to support or help support their children, without regard to marital misconduct. In determining the amount reasonable or necessary for child support, including the medical needs of the child, the court shall comply with Chapter 3119. of the Revised Code.
(2) The court, in accordance with Chapter 3119. of the Revised Code, shall include in each support order made under this section the requirement that one or both of the parents provide for the health care needs of the child to the satisfaction of the court, and the court shall include in the support order a requirement that all support payments be made through the office of child support in the department of job and family services.
(3) The court shall comply with Chapters 3119., 3121., 3123., and 3125. of the Revised Code when it makes or modifies an order for child support under this section.
(B) The juvenile court has exclusive jurisdiction to enter the orders in any case certified to it from another court.
(C) If any person required to pay child support under an order made under division (A) of this section on or after April 15, 1985, or modified on or after December 1, 1986, is found in contempt of court for failure to make support payments under the order, the court that makes the finding, in addition to any other penalty or remedy imposed, shall assess all court costs arising out of the contempt proceeding against the person and require the person to pay any reasonable attorney's fees of any adverse party, as determined by the court, that arose in relation to the act of contempt and, on or after July 1, 1992, shall assess interest on any unpaid amount of child support pursuant to section 3123.17 of the Revised Code.
(D)
The court shall not authorize or permit the escrowing, impoundment,
or withholding of any child support payment ordered under this
section or any other section of the Revised Code because of a denial
of or interference with a right of parenting time granted to a parent
in an order issued under this section or section 3109.051
3109.0451
or
3109.12 of the Revised Code or companionship or visitation granted in
an order issued under this section, section
3109.0513109.0452,
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. 3109.06. 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 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 unsuitable to have the parental rights and 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 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
3109.0445,
3109.0482,
3109.0483, 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 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
of the Revised Code
3109.0435
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 parent designated the residential parent and legal custodian
pursuant to an order issued under section 3109.04
3109.0412,
3109.0413, 3109.0424, 3109.0425, or 3109.0426 of
the Revised Code
that
is not a shared parenting order;
(3) The custodial parent of a child born out of wedlock with respect to whom no custody order 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
3109.0453
of
the Revised Code. Divisions
(C), (K), and (L) of section 3109.051 Sections
3109.0454, 3109.0455, and 3109.0456 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 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 and, if applicable, Civil Rule 53.
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)
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, the father
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 and 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.
(B)
The court may grant the parenting time rights or companionship or
visitation rights requested under division (A) of this section,
if it determines that the granting of the parenting time rights or
companionship or visitation rights is in the best interest of the
child. accordingly:
(1) With regard to any order granting parenting time rights that is issued under this section, there is a presumption that equal parenting time is in the best interest of the child, subject to the factors set forth in section 3109.0453 and sections 3109.0454, 3109.0455, 3109.0456, and 3109.0457 of the Revised Code.
(2)
In
determining whether to 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
3109.0453
of
the Revised Code. Divisions
(C), (K), and (L) of section 3109.051 Sections
3109.0454, 3109.0455, 3109.0456, and 3109.0457 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 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 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 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
and,
if applicable, Civil Rule 53.
(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 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 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. 3109.41. 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
3109.0412,
3109.0413, 3109.0424, 3109.0425, or 3109.0426 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,
3109.0513109.0451,
3109.12, or 3113.31 of the Revised Code.
Sec. 3109.53. To create a power of attorney under section 3109.52 of the Revised Code, a parent, guardian, or 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 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 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 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.
I understand that this document does not authorize a child support enforcement agency to redirect child support payments to the grandparent designated as attorney in fact. I further understand that to have an existing child support order modified or a new child support order issued administrative or judicial proceedings must be initiated.
If there is a court order naming me the residential parent and legal custodian of the child who is the subject of this power of attorney and I am the sole parent 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 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 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 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 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 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 custodian who creates a power of attorney must
notify the parent of the child who is not the residential 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
3109.0474
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 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 parent and legal custodian by certified mail.
5. This power of attorney does not affect the rights of the child's parents, guardian, or custodian regarding any future proceedings concerning the custody of the child or the allocation of the parental rights and 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 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 responsibilities for the care of the child and the designation of the residential 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 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;
(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, 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 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 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 of the child who is not the residential parent and legal custodian of the child unless one of the following is the case:
(1)
The parent 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 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 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
3109.0413
of
the Revised Code.
(3)
The child is the subject of a custody
parental
rights and responsibilities order
issued pursuant to section 3109.04
3109.0412,
3109.0424, 3109.0425, or 3109.0426 of
the Revised Code unless one of the following is the case:
(a)
The parent who is not the residential 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 who is not the residential parent and legal custodian have been terminated by order of a juvenile court pursuant to Chapter 2151. of the Revised Code.
(c) The parent who is not the residential 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 who is the residential parent and legal custodian of the child, as determined by court order or as provided in section 3109.042 of the Revised Code;
(2) The parent 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 as the residential parent and legal custodian of the child or section 3109.042 of the Revised Code is not applicable.
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 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. 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 adult who, at the time of the conduct in question, is in a dating relationship with the respondent who also is an adult or who, within the twelve months preceding the conduct in question, has had a dating relationship with the respondent who also is an adult.
(B) The court has jurisdiction over all proceedings under this section. The petitioner's right to relief under this section is not affected by the petitioner's leaving the residence or household to avoid further domestic violence.
(C) A person may seek relief under this section on the person's own behalf, or any parent or adult household member may seek relief under this section on behalf of any other family or household member, by filing a petition with the court. The petition shall contain or state:
(1) An allegation that the respondent engaged in domestic violence against a family or household member of the respondent or against a person with whom the respondent is or was in a dating relationship, including a description of the nature and extent of the domestic violence;
(2) The relationship of the respondent to the petitioner, and to the victim if other than the petitioner;
(3) If the petition is for protection of a person with whom the respondent is or was in a dating relationship, the facts upon which the court may conclude that a dating relationship existed between the person to be protected and the respondent;
(4) A request for relief under this section.
(D)(1) If a person who files a petition pursuant to this section requests an ex parte order, the court shall hold an ex parte hearing on the same day that the petition is filed. The court, for good cause shown at the ex parte hearing, may enter any temporary orders, with or without bond, including, but not limited to, an order described in division (E)(1)(a), (b), or (c) of this section, that the court finds necessary to protect the family or household member or the person with whom the respondent is or was in a dating relationship from domestic violence. Immediate and present danger of domestic violence to the family or household member or to the person with whom the respondent is or was in a dating relationship constitutes good cause for purposes of this section. Immediate and present danger includes, but is not limited to, situations in which the respondent has threatened the family or household member or person with whom the respondent is or was in a dating relationship with bodily harm, in which the respondent has threatened the family or household member or person with whom the respondent is or was in a dating relationship with a sexually oriented offense, or in which the respondent previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for an offense that constitutes domestic violence against the family or household member or person with whom the respondent is or was in a dating relationship.
(2)(a) If the court, after an ex parte hearing, issues an order described in division (E)(1)(b) or (c) of this section, the court shall schedule a full hearing for a date that is within seven court days after the ex parte hearing. If any other type of protection order that is authorized under division (E) of this section is issued by the court after an ex parte hearing, the court shall schedule a full hearing for a date that is within ten court days after the ex parte hearing. The court shall give the respondent notice of, and an opportunity to be heard at, the full hearing. The court shall hold the full hearing on the date scheduled under this division unless the court grants a continuance of the hearing in accordance with this division. Under any of the following circumstances or for any of the following reasons, the court may grant a continuance of the full hearing to a reasonable time determined by the court:
(i) Prior to the date scheduled for the full hearing under this division, the respondent has not been served with the petition filed pursuant to this section and notice of the full hearing.
(ii) The parties consent to the continuance.
(iii) The continuance is needed to allow a party to obtain counsel.
(iv) The continuance is needed for other good cause.
(b) An ex parte order issued under this section does not expire because of a failure to serve notice of the full hearing upon the respondent before the date set for the full hearing under division (D)(2)(a) of this section or because the court grants a continuance under that division.
(3) If a person who files a petition pursuant to this section does not request an ex parte order, or if a person requests an ex parte order but the court does not issue an ex parte order after an ex parte hearing, the court shall proceed as in a normal civil action and grant a full hearing on the matter.
(E)(1) After an ex parte or full hearing, the court may grant any protection order, with or without bond, or approve any consent agreement to bring about a cessation of domestic violence against the family or household members or persons with whom the respondent is or was in a dating relationship. The order or agreement may:
(a) Direct the respondent to refrain from abusing or from committing sexually oriented offenses against the family or household members or persons with whom the respondent is or was in a dating relationship;
(b) With respect to a petition involving family or household members, grant possession of the residence or household to the petitioner or other family or household member, to the exclusion of the respondent, by evicting the respondent, when the residence or household is owned or leased solely by the petitioner or other family or household member, or by ordering the respondent to vacate the premises, when the residence or household is jointly owned or leased by the respondent, and the petitioner or other family or household member;
(c) With respect to a petition involving family or household members, when the respondent has a duty to support the petitioner or other family or household member living in the residence or household and the respondent is the sole owner or lessee of the residence or household, grant possession of the residence or household to the petitioner or other family or household member, to the exclusion of the respondent, by ordering the respondent to vacate the premises, or, in the case of a consent agreement, allow the respondent to provide suitable, alternative housing;
(d) With respect to a petition involving family or household members, temporarily allocate parental rights and responsibilities for the care of, or establish temporary parenting time rights with regard to, minor children, if no other court has determined, or is determining, the allocation of parental rights and responsibilities for the minor children or parenting time rights;
(e) With respect to a petition involving family or household members, require the respondent to maintain support, if the respondent customarily provides for or contributes to the support of the family or household member, or if the respondent has a duty to support the petitioner or family or household member;
(f) Require the respondent, petitioner, victim of domestic violence, or any combination of those persons, to seek counseling;
(g) Require the respondent to refrain from entering the residence, school, business, or place of employment of the petitioner or, with respect to a petition involving family or household members, a family or household member;
(h) Grant other relief that the court considers equitable and fair, including, but not limited to, ordering the respondent to permit the use of a motor vehicle by the petitioner or, with respect to a petition involving family or household members, other family or household members and the apportionment of household and family personal property;
(i) Require that the respondent not remove, damage, hide, harm, or dispose of any companion animal owned or possessed by the petitioner;
(j) Authorize the petitioner to remove a companion animal owned by the petitioner from the possession of the respondent;
(k) Require a wireless service transfer in accordance with sections 3113.45 to 3113.459 of the Revised Code.
(2) If a protection order has been issued pursuant to this section in a prior action involving the respondent and the petitioner or, with respect to a petition involving family or household members, one or more of the family or household members or victims, the court may include in a protection order that it issues a prohibition against the respondent returning to the residence or household. If it includes a prohibition against the respondent returning to the residence or household in the order, it also shall include in the order provisions of the type described in division (E)(7) of this section. This division does not preclude the court from including in a protection order or consent agreement, in circumstances other than those described in this division, a requirement that the respondent be evicted from or vacate the residence or household or refrain from entering the residence, school, business, or place of employment of the petitioner or, with respect to a petition involving family or household members, a family or household member, and, if the court includes any requirement of that type in an order or agreement, the court also shall include in the order provisions of the type described in division (E)(7) of this section.
(3)(a) Any protection order issued or consent agreement approved under this section shall be valid until a date certain, but not later than five years from the date of its issuance or approval, or not later than the date a respondent who is less than eighteen years of age attains nineteen years of age, unless modified or terminated as provided in division (E)(8) of this section.
(b) With respect to an order involving family or household members, subject to the limitation on the duration of an order or agreement set forth in division (E)(3)(a) of this section, any order under division (E)(1)(d) of this section shall terminate on the date that a court in an action for divorce, dissolution of marriage, or legal separation brought by the petitioner or respondent issues an order allocating parental rights and responsibilities for the care of children or on the date that a juvenile court in an action brought by the petitioner or respondent issues an order awarding legal custody of minor children. Subject to the limitation on the duration of an order or agreement set forth in division (E)(3)(a) of this section, any order under division (E)(1)(e) of this section shall terminate on the date that a court in an action for divorce, dissolution of marriage, or legal separation brought by the petitioner or respondent issues a support order or on the date that a juvenile court in an action brought by the petitioner or respondent issues a support order.
(c) Any protection order issued or consent agreement approved pursuant to this section may be renewed in the same manner as the original order or agreement was issued or approved.
(4) A court may not issue a protection order that requires a petitioner to do or to refrain from doing an act that the court may require a respondent to do or to refrain from doing under division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this section unless all of the following apply:
(a) The respondent files a separate petition for a protection order in accordance with this section.
(b) The petitioner is served notice of the respondent's petition at least forty-eight hours before the court holds a hearing with respect to the respondent's petition, or the petitioner waives the right to receive this notice.
(c) If the petitioner has requested an ex parte order pursuant to division (D) of this section, the court does not delay any hearing required by that division beyond the time specified in that division in order to consolidate the hearing with a hearing on the petition filed by the respondent.
(d) After a full hearing at which the respondent presents evidence in support of the request for a protection order and the petitioner is afforded an opportunity to defend against that evidence, the court determines that the petitioner has committed an act of domestic violence or has violated a temporary protection order issued pursuant to section 2919.26 of the Revised Code, that both the petitioner and the respondent acted primarily as aggressors, and that neither the petitioner nor the respondent acted primarily in self-defense.
(5) No protection order issued or consent agreement approved under this section shall in any manner affect title to any real property.
(6)(a)
With respect to an order involving family or household members, if a
petitioner, or the child of a petitioner, who obtains a protection
order or consent agreement pursuant to division (E)(1) of this
section or a temporary protection order pursuant to section 2919.26
of the Revised Code and is the subject of a parenting time order
issued pursuant to section 3109.051
3109.0451
or
3109.12 of the Revised Code or a visitation or companionship order
issued pursuant to section 3109.0513109.0452,
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 or visitation or companionship rights with
respect to the child for a period not to exceed nine months, if the
court makes the following findings of fact:
(i) The child is in danger from the respondent;
(ii) No other person or agency is available to provide the supervision.
(b) A court that requires an agency to provide supervision pursuant to division (E)(6)(a) of this section shall order the respondent to reimburse the agency for the cost of providing the supervision, if it determines that the respondent has sufficient income or resources to pay that cost.
(7)(a) If a protection order issued or consent agreement approved under this section includes a requirement that the respondent be evicted from or vacate the residence or household or refrain from entering the residence, school, business, or place of employment of the petitioner or, with respect to a petition involving family or household members, a family or household member, the order or agreement shall state clearly that the order or agreement cannot be waived or nullified by an invitation to the respondent from the petitioner or other family or household member to enter the residence, school, business, or place of employment or by the respondent's entry into one of those places otherwise upon the consent of the petitioner or other family or household member.
(b) Division (E)(7)(a) of this section does not limit any discretion of a court to determine that a respondent charged with a violation of section 2919.27 of the Revised Code, with a violation of a municipal ordinance substantially equivalent to that section, or with contempt of court, which charge is based on an alleged violation of a protection order issued or consent agreement approved under this section, did not commit the violation or was not in contempt of court.
(8)(a) The court may modify or terminate as provided in division (E)(8) of this section a protection order or consent agreement that was issued after a full hearing under this section. The court that issued the protection order or approved the consent agreement shall hear a motion for modification or termination of the protection order or consent agreement pursuant to division (E)(8) of this section.
(b) Either the petitioner or the respondent of the original protection order or consent agreement may bring a motion for modification or termination of a protection order or consent agreement that was issued or approved after a full hearing. The court shall require notice of the motion to be made as provided by the Rules of Civil Procedure. If the petitioner for the original protection order or consent agreement has requested that the petitioner's address be kept confidential, the court shall not disclose the address to the respondent of the original protection order or consent agreement or any other person, except as otherwise required by law. The moving party has the burden of proof to show, by a preponderance of the evidence, that modification or termination of the protection order or consent agreement is appropriate because either the protection order or consent agreement is no longer needed or because the terms of the original protection order or consent agreement are no longer appropriate.
(c) In considering whether to modify or terminate a protection order or consent agreement issued or approved under this section, the court shall consider all relevant factors, including, but not limited to, the following:
(i) Whether the petitioner consents to modification or termination of the protection order or consent agreement;
(ii) Whether the petitioner fears the respondent;
(iii) The current nature of the relationship between the petitioner and the respondent;
(iv) The circumstances of the petitioner and respondent, including the relative proximity of the petitioner's and respondent's workplaces and residences and whether the petitioner and respondent have minor children together;
(v) Whether the respondent has complied with the terms and conditions of the original protection order or consent agreement;
(vi) Whether the respondent has a continuing involvement with illegal drugs or alcohol;
(vii) Whether the respondent has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for an offense of violence since the issuance of the protection order or approval of the consent agreement;
(viii) Whether any other protection orders, consent agreements, restraining orders, or no contact orders have been issued against the respondent pursuant to this section, section 2919.26 of the Revised Code, any other provision of state law, or the law of any other state;
(ix) Whether the respondent has participated in any domestic violence treatment, intervention program, or other counseling addressing domestic violence and whether the respondent has completed the treatment, program, or counseling;
(x) The time that has elapsed since the protection order was issued or since the consent agreement was approved;
(xi) The age and health of the respondent;
(xii) When the last incident of abuse, threat of harm, or commission of a sexually oriented offense occurred or other relevant information concerning the safety and protection of the petitioner or other protected parties.
(d) If a protection order or consent agreement is modified or terminated as provided in division (E)(8) of this section, the court shall issue copies of the modified or terminated order or agreement as provided in division (F) of this section. A petitioner may also provide notice of the modification or termination to the judicial and law enforcement officials in any county other than the county in which the order or agreement is modified or terminated as provided in division (N) of this section.
(e) If the respondent moves for modification or termination of a protection order or consent agreement pursuant to this section and the court denies the motion, the court may assess costs against the respondent for the filing of the motion.
(9) Any protection order issued or any consent agreement approved pursuant to this section shall include a provision that the court will automatically seal all of the records of the proceeding in which the order is issued or agreement approved on the date the respondent attains the age of nineteen years unless the petitioner provides the court with evidence that the respondent has not complied with all of the terms of the protection order or consent agreement. The protection order or consent agreement shall specify the date when the respondent attains the age of nineteen years.
(F)(1) A copy of any protection order, or consent agreement, that is issued, approved, modified, or terminated under this section shall be issued by the court to the petitioner, to the respondent, and to all law enforcement agencies that have jurisdiction to enforce the order or agreement. The court shall direct that a copy of an order be delivered to the respondent on the same day that the order is entered.
(2) Upon the issuance of a protection order or the approval of a consent agreement under this section, the court shall provide the parties to the order or agreement with the following notice orally or by form:
"NOTICE
As a result of this order or consent agreement, it may be unlawful for you to possess or purchase a firearm, including a rifle, pistol, or revolver, or ammunition pursuant to federal law under 18 U.S.C. 922(g)(8) for the duration of this order or consent agreement. If you have any questions whether this law makes it illegal for you to possess or purchase a firearm or ammunition, you should consult an attorney."
(3) All law enforcement agencies shall establish and maintain an index for the protection orders and the approved consent agreements delivered to the agencies pursuant to division (F)(1) of this section. With respect to each order and consent agreement delivered, each agency shall note on the index the date and time that it received the order or consent agreement.
(4) Regardless of whether the petitioner has registered the order or agreement in the county in which the officer's agency has jurisdiction pursuant to division (N) of this section, any officer of a law enforcement agency shall enforce a protection order issued or consent agreement approved by any court in this state in accordance with the provisions of the order or agreement, including removing the respondent from the premises, if appropriate.
(G)(1) Any proceeding under this section shall be conducted in accordance with the Rules of Civil Procedure, except that an order under this section may be obtained with or without bond. An order issued under this section, other than an ex parte order, that grants a protection order or approves a consent agreement, that refuses to grant a protection order or approve a consent agreement that modifies or terminates a protection order or consent agreement, or that refuses to modify or terminate a protection order or consent agreement, is a final, appealable order. The remedies and procedures provided in this section are in addition to, and not in lieu of, any other available civil or criminal remedies.
(2) If as provided in division (G)(1) of this section an order issued under this section, other than an ex parte order, refuses to grant a protection order, the court, on its own motion, shall order that the ex parte order issued under this section and all of the records pertaining to that ex parte order be sealed after either of the following occurs:
(a) No party has exercised the right to appeal pursuant to Rule 4 of the Rules of Appellate Procedure.
(b) All appellate rights have been exhausted.
(H) The filing of proceedings under this section does not excuse a person from filing any report or giving any notice required by section 2151.421 of the Revised Code or by any other law. When a petition under this section alleges domestic violence against minor children, the court shall report the fact, or cause reports to be made, to a county, township, or municipal peace officer under section 2151.421 of the Revised Code.
(I) Any law enforcement agency that investigates a domestic dispute shall provide information to the family or household members involved, or the persons in the dating relationship who are involved, whichever is applicable regarding the relief available under this section and, for family or household members, section 2919.26 of the Revised Code.
(J)(1) Subject to divisions (E)(8)(e) and (J)(2) of this section and regardless of whether a protection order is issued or a consent agreement is approved by a court of another county or a court of another state, no court or unit of state or local government shall charge the petitioner any fee, cost, deposit, or money in connection with the filing of a petition pursuant to this section or in connection with the filing, issuance, registration, modification, enforcement, dismissal, withdrawal, or service of a protection order, consent agreement, or witness subpoena or for obtaining a certified copy of a protection order or consent agreement.
(2) Regardless of whether a protection order is issued or a consent agreement is approved pursuant to this section, the court may assess costs against the respondent in connection with the filing, issuance, registration, modification, enforcement, dismissal, withdrawal, or service of a protection order, consent agreement, or witness subpoena or for obtaining a certified copy of a protection order or consent agreement.
(K)(1) The court shall comply with Chapters 3119., 3121., 3123., and 3125. of the Revised Code when it makes or modifies an order for child support under this section.
(2) If any person required to pay child support under an order made under this section on or after April 15, 1985, or modified under this section on or after December 31, 1986, is found in contempt of court for failure to make support payments under the order, the court that makes the finding, in addition to any other penalty or remedy imposed, shall assess all court costs arising out of the contempt proceeding against the person and require the person to pay any reasonable attorney's fees of any adverse party, as determined by the court, that arose in relation to the act of contempt.
(L)(1) A person who violates a protection order issued or a consent agreement approved under this section is subject to the following sanctions:
(a) Criminal prosecution or a delinquent child proceeding for a violation of section 2919.27 of the Revised Code, if the violation of the protection order or consent agreement constitutes a violation of that section;
(b) Punishment for contempt of court.
(2) The punishment of a person for contempt of court for violation of a protection order issued or a consent agreement approved under this section does not bar criminal prosecution of the person or a delinquent child proceeding concerning the person for a violation of section 2919.27 of the Revised Code. However, a person punished for contempt of court is entitled to credit for the punishment imposed upon conviction of or adjudication as a delinquent child for a violation of that section, and a person convicted of or adjudicated a delinquent child for a violation of that section shall not subsequently be punished for contempt of court arising out of the same activity.
(M) In all stages of a proceeding under this section, a petitioner may be accompanied by a victim advocate.
(N)(1) A petitioner who obtains a protection order or consent agreement under this section or a temporary protection order under section 2919.26 of the Revised Code may provide notice of the issuance or approval of the order or agreement to the judicial and law enforcement officials in any county other than the county in which the order is issued or the agreement is approved by registering that order or agreement in the other county pursuant to division (N)(2) of this section and filing a copy of the registered order or registered agreement with a law enforcement agency in the other county in accordance with that division. A person who obtains a protection order issued by a court of another state may provide notice of the issuance of the order to the judicial and law enforcement officials in any county of this state by registering the order in that county pursuant to section 2919.272 of the Revised Code and filing a copy of the registered order with a law enforcement agency in that county.
(2) A petitioner may register a temporary protection order, protection order, or consent agreement in a county other than the county in which the court that issued the order or approved the agreement is located in the following manner:
(a) The petitioner shall obtain a certified copy of the order or agreement from the clerk of the court that issued the order or approved the agreement and present that certified copy to the clerk of the court of common pleas or the clerk of a municipal court or county court in the county in which the order or agreement is to be registered.
(b) Upon accepting the certified copy of the order or agreement for registration, the clerk of the court of common pleas, municipal court, or county court shall place an endorsement of registration on the order or agreement and give the petitioner a copy of the order or agreement that bears that proof of registration.
(3) The clerk of each court of common pleas, the clerk of each municipal court, and the clerk of each county court shall maintain a registry of certified copies of temporary protection orders, protection orders, or consent agreements that have been issued or approved by courts in other counties and that have been registered with the clerk.
(O) Nothing in this section prohibits the domestic relations division of a court of common pleas in counties that have a domestic relations division or a court of common pleas in counties that do not have a domestic relations division from designating a minor child as a protected party on a protection order or consent agreement.
Sec. 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) "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.
(2) "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.
(3) "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, 3111.13, 3113.04, 3113.07, 3113.31, 3119.65, or 3119.70 of the Revised Code, or division (B) of former section 3113.21 of the Revised Code.
(4) "Court-ordered parenting time" means the amount of parenting time a parent is to have under a parenting time order or the amount of time the children are to be in the physical custody of a parent under a shared parenting order or parental rights and responsibilities order.
(5) "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.
(6) "CPI-U" means the consumer price index for all urban consumers, published by the United States department of labor, bureau of labor statistics.
(7) "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.
(8) "Federal poverty level" has the same meaning as in section 5121.30 of the Revised Code.
(9) "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.
(10) "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.
(11) "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.
(12) "Gross income" means, except as excluded in division (C)(12) 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 5101.881 of the Revised Code.
(13) "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.
(14) "Ordinary medical expenses" includes copayments and deductibles, and uninsured medical-related costs for the children of the order.
(15)(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)(15)(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.
(16) "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.
(17) "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.
(18) "Schedule" means the basic child support schedule created pursuant to section 3119.021 of the Revised Code.
(19) "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.
(20) "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.
(21) "Split parental rights and responsibilities" means 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.
(22) "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.
3119.08. 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 3109.0513109.0451,
3109.0452,
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 parental
rights and responsibilities order or shared
parenting order in
accordance with section 3109.04 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.
3119.964. (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 section 3109.051
3109.0451
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
3109.0452
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. 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 responsibilities
with respect to the child, "eligible applicant" means the
residential parent as designated by the court. If the court issues a
shared parenting decreeorder
or an order under section 3109.0426 of the Revised Code,
"eligible applicant" means either parent. "Eligible
applicant" does not mean a parent whose custodial rights have
been terminated.
(2) The 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 custodian or guardian and the child is at least eighteen 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 five 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 either:
(a) Was enrolled in the schools of the school district in which the child is entitled to attend school in any grade from kindergarten through twelve in the school year prior to the school year in which a scholarship is first sought for the child;
(b) Is eligible to enter school in any grade kindergarten through twelve in the school district in which the child is entitled to attend school in the school year in which a scholarship is first sought for the child.
(5) The department of education 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.
(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. 3313.98. 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
responsibilities with respect to the student, "parent"
means the residential parent as designated by the court except that
"parent" means either parent when the court issues a shared
parenting decreeorder
or an order under section 3109.0426 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.
(B)(1) 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) 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.
(b) The board of education of a district receiving funds under 64 Stat. 1100 (1950), 20 U.S.C.A. 236 et seq., as amended, may adopt a resolution objecting to the enrollment of its native students in adjacent or other districts if at least ten per cent of its students are included in the determination of the United States secretary of education made under section 20 U.S.C.A. 238(a).
(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 state board of education shall monitor school districts to ensure compliance with this section and the districts' policies. The board 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 state board 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) 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 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 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 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 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 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 is subject to any agreement
between the parents, to division (F) of this section, and, to the
extent described in division (B)(5)(b) of this section, is subject to
any
court a
parenting time order
issued pursuant to section 3109.051
3109.0451
of
the Revised Code and any other court order governing the rights of
the parents.
(b)
If the residential parent 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
3109.0461
of
the Revised Code that limits the terms and conditions under which the
parent who is not the residential parent 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
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 parent who is not the
residential parent 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 parent 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 parent or to any other person, or permit a parent of a student who is not the student's residential parent 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 parent 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 custodian before making a report pursuant to section 3319.45 of the Revised Code.
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 April 6, 1917, and November 11, 1918, 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 parent of a minor child of that
marriage pursuant to an order allocating the parental rights and
responsibilities for care of the child issued pursuant to section
3109.04
3109.0412,
3109.0413, 3109.0424, 3109.0425, or 3109.0426 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, a valid certificate issued under Chapter 4709. 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. 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 responsibilities under section
3109.04
3109.0412,
3109.0413, 3109.0424, 3109.0425, or 3109.0426 of
the Revised Code;
(3)
A parenting time order under section 3109.051
3109.0451
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.
5104.039. (A)
Any parent who is the residential parent and legal custodian of a
child enrolled in a child day-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 day-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 parent who is not the
residential parent is subject to any agreement between the parents
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, as described in
division
(I) of section
3109.051
3109.0462
of
the Revised Code, that are contained in a parenting time order or
decree issued under that section, section 3109.12 of the Revised
Code, or any other provision of the Revised Code.
(B)
If a parent who is the residential parent of a child has presented
the administrator or the administrator's designee with a copy of a
parenting time order that limits the terms and conditions under which
the parent who is not the residential parent is to have access to the
center, as described in division
(I) of section
3109.051
3109.0462
of
the Revised Code, the parent who is not the residential parent shall
be provided access to the center only to the extent authorized in the
order. If the residential parent has presented such an order, the
parent who is not the residential parent 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.
(C) Upon entering the premises pursuant to division (A) or (B) of this section, the parent who is the residential parent and 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. 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 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
A
shared parenting order
or
order under section 3109.0426 of the Revised Code
is
issued pursuant
to section 3109.04 of the Revised Code granting shared parenting of
regarding
the
child.
(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. 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 job and family services, department of mental 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) Accept custody of children committed to the public children services agency by a court exercising juvenile jurisdiction;
(4) 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;
(5) 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;
(6) Make available to the bureau for children with medical handicaps of the department of health at its request any information concerning a crippled child 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;
(7) 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;
(8) Find certified foster homes, within or outside the county, for the care of children, including handicapped children from other counties attending special schools in the county;
(9) Subject to the approval of the board of county commissioners and the state department of job and family services, 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;
(10) 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;
(11) 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;
(12)
Cooperate with, make its services available to, and act as the agent
of persons, courts, the department of job and family services, the
department of health, and other organizations within and outside the
state, in matters relating to the welfare of children, except that
the public children services agency shall not be required to provide
supervision of or other services related to the exercise of parenting
time rights granted pursuant to section 3109.051
3109.0451
or
3109.12 of the Revised Code or companionship or visitation rights
granted pursuant to section 3109.0513109.0452,
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;
(13) 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;
(14) 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 5101.141 of the Revised Code;
(15) 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;
(16) Implement a system of safety and risk assessment, in accordance with rules adopted by the director of job and family services, to assist the public children services agency in determining the risk of abuse or neglect to a child;
(17) 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;
(18) 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;
(19) 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;
(20) Administer a Title IV-A program identified under division (A)(4)(c) or (g) of section 5101.80 of the Revised Code that the department of job and family services provides for the public children services agency to administer under the department's supervision pursuant to section 5101.801 of the Revised Code;
(21) Administer the kinship permanency incentive program created under section 5101.802 of the Revised Code under the supervision of the director of job and family services;
(22) Provide independent living services pursuant to sections 2151.81 to 2151.84 of the Revised Code;
(23) 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)(16) 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 job and family services, and on behalf of children in the county whom the public children services agency considers to be in need of public care or protective services, the public children services agency may do the following:
(1) Provide or find, with other child serving systems, specialized foster care for the care of children in a specialized foster home, as defined in section 5103.02 of the Revised Code, certified under section 5103.03 of the Revised Code;
(2)(a) Except as limited by divisions (C)(2)(b) and (c) of this section, contract with the following for the purpose of assisting the agency with its duties:
(i) County departments of job and family services;
(ii) Boards of alcohol, drug addiction, and mental health services;
(iii) County boards of developmental disabilities;
(iv) Regional councils of political subdivisions established under Chapter 167. of the Revised Code;
(v) Private and government providers of services;
(vi) Managed care organizations and prepaid health plans.
(b) A public children services agency contract under division (C)(2)(a) of this section regarding the agency's duties under section 2151.421 of the Revised Code may not provide for the entity under contract with the agency to perform any service not authorized by the department's rules.
(c) Only a county children services board appointed under section 5153.03 of the Revised Code that is a public children services agency may contract under division (C)(2)(a) of this section. If an entity specified in division (B) or (C) of section 5153.02 of the Revised Code is the public children services agency for a county, the board of county commissioners may enter into contracts pursuant to section 307.982 of the Revised Code regarding the agency's duties.
Section 2. That existing sections 2151.23, 2317.02, 2705.031, 2710.05, 2710.06, 3105.21, 3105.63, 3105.65, 3109.04, 3109.042, 3109.043, 3109.05, 3109.052, 3109.053, 3109.06, 3109.061, 3109.09, 3109.11, 3109.12, 3109.41, 3109.53, 3109.55, 3109.56, 3109.65, 3113.31, 3119.01, 3119.08, 3119.24, 3119.964, 3310.51, 3313.98, 3319.321, 3333.26, 3796.24, 5104.039, 5120.653, and 5153.16 of the Revised Code are hereby repealed.
Section 3. That sections 3109.041 and 3109.051 of the Revised Code are hereby repealed.