As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 446 5
1997-1998 6
REPRESENTATIVES WILLIAMS-GARCIA-TERWILLEGER-TIBERI 8
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A B I L L
To amend sections 2101.01, 2101.11, 2151.86, 12
3107.012, 3107.12, and 3107.14 and to enact 13
section 3107.141 of the Revised Code regarding 14
adoption assessors, prefinalization assessments, 15
and rehabilitation standards a person with a 16
criminal background must meet to become an 17
adoptive or foster parent. 18
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That sections 2101.01, 2101.11, 2151.86, 22
3107.012, 3107.12, and 3107.14 be amended and section 3107.141 of 23
the Revised Code be enacted to read as follows: 24
Sec. 2101.01. A probate division of the court of common 33
pleas shall be held at the county seat in each county in an 34
office furnished by the board of county commissioners, in which 35
the books, records, and papers pertaining to the probate division 36
shall be deposited and safely kept by the probate judge. The 37
board shall provide suitable cases or other necessary items for 38
the safekeeping and preservation of the books, records, and 39
papers of the court and shall furnish any blankbooks, blanks, and 41
stationery, and any machines, equipment, and materials for the 42
keeping or examining of records, that the probate judge requires 43
in the discharge of official duties. The board also shall 44
authorize expenditures for accountants, financial consultants, 45
and other agents required for auditing or financial consulting by 46
the probate division whenever the probate judge considers these 47
services and expenditures necessary for the efficient performance 48
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of the division's duties. The probate judge shall employ and 49
supervise all clerks, deputies, magistrates, and other employees 50
of the probate division. The probate judge shall supervise all 52
probate court investigators AND ASSESSORS in the performance of 53
their duties as investigators AND ASSESSORS and shall employ, 54
appoint, or designate all probate court investigators AND 55
ASSESSORS in the manner described in division DIVISIONS (A)(2) 57
AND (3) of section 2101.11 of the Revised Code. 59
As used in the Revised Code, "probate court" means the 61
probate division of the court of common pleas, and "probate 62
judge" means the judge of the court of common pleas who is judge 63
of the probate division. All pleadings, forms, journals, and 64
other records filed or used in the probate division shall be 65
entitled "In the Court of Common Pleas, Probate Division," but 66
are not defective if entitled "In the Probate Court." 67
Sec. 2101.11. (A)(1) The probate judge shall have the 76
care and custody of the files, papers, books, and records 77
belonging to the probate court. He THE PROBATE JUDGE is 78
authorized to perform the duties of clerk of his own THE JUDGE'S 80
court. He THE PROBATE JUDGE may appoint deputy clerks, 81
stenographers, a bailiff, and any other necessary employees, each 82
of whom shall take an oath of office before entering upon the 83
duties of his THE EMPLOYEE'S appointment and, when so qualified, 84
may perform the duties appertaining to the office of clerk of the 86
court.
(2)(a) The probate judge shall provide for one or more 88
probate court investigators to perform the duties that are 89
established for a probate court investigator by the Revised Code 90
or the probate judge. The probate judge may provide for an 91
investigator in any of the following manners, as the court 92
determines is appropriate: 93
(i) By appointing a person as a full-time or part-time 95
employee of the probate court to serve as investigator, or by 96
designating a current full-time or part-time employee of the 97
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probate court to serve as investigator; 98
(ii) By contracting with a person to serve and be 100
compensated as investigator only when needed by the probate 101
court, as determined by the court, and by designating that person 102
as a probate court investigator during the times when the person 103
is performing the duties of an investigator for the court; 104
(iii) By entering into an agreement with another 106
department or agency of the county, including, but not limited 107
to, the sheriff's department or the county department of human 108
services, pursuant to which an employee of the other department 109
or agency will serve and perform the duties of investigator for 110
the court, upon request of the probate judge, and designating 111
that employee as a probate court investigator during the times 112
when the person is performing the duties of an investigator for 113
the court. 114
(b) Each person appointed or otherwise designated as a 116
probate court investigator shall take an oath of office before 117
entering upon the duties of his THE PERSON'S appointment. When 118
so qualified, an investigator may perform the duties that are 120
established for a probate court investigator by the Revised Code 121
or the probate judge. 122
(c) Except as otherwise provided in this division, a 124
probate court investigator shall hold at least a bachelor's 125
degree in social work, psychology, education, special education, 126
or a related human services field. A probate judge may waive the 127
education requirement of this division for a person the judge 128
appoints or otherwise designates as a probate court investigator 129
if the judge determines that the person has experience in human 130
services work that is equivalent to the required education. 131
(d) Within one year after his appointment or designation, 133
a probate court investigator shall attend an orientation course 134
of at least six hours, and each calendar year after the calendar 135
year of his appointment or designation, a probate court 136
investigator shall satisfactorily complete at least six hours of 137
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continuing education. 138
(e) For purposes of divisions (A)(3)(4), (B), and (C) of 140
this section, a person designated as a probate court investigator 141
under division (A)(2)(a)(ii) or (iii) of this section shall be 142
considered an appointee of the probate court at any time that the 143
person is performing the duties established under the Revised 144
Code or by the probate judge for a probate court investigator. 145
(3)(a) THE PROBATE JUDGE MAY PROVIDE FOR ONE OR MORE 147
PERSONS TO PERFORM THE DUTIES OF AN ASSESSOR UNDER SECTIONS 148
3107.031, 3107.082, 3107.09, AND 3107.12 OF THE REVISED CODE OR 151
MAY ENTER INTO AGREEMENTS WITH PUBLIC CHILDREN SERVICES AGENCIES, 152
PRIVATE CHILD PLACING AGENCIES, OR PRIVATE NONCUSTODIAL AGENCIES 153
UNDER WHICH THE AGENCY PROVIDES FOR ONE OR MORE PERSONS TO 154
PERFORM THE DUTIES OF AN ASSESSOR. A PROBATE JUDGE WHO PROVIDES 155
FOR AN ASSESSOR SHALL DO SO IN EITHER OF THE FOLLOWING MANNERS, 157
AS THE JUDGE CONSIDERS APPROPRIATE:
(i) BY APPOINTING A PERSON AS A FULL-TIME OR PART-TIME 160
EMPLOYEE OF THE PROBATE COURT TO SERVE AS ASSESSOR, OR BY 161
DESIGNATING A CURRENT FULL-TIME OR PART-TIME EMPLOYEE OF THE
PROBATE COURT TO SERVE AS ASSESSOR; 162
(ii) BY CONTRACTING WITH A PERSON TO SERVE AND BE 164
COMPENSATED AS ASSESSOR ONLY WHEN NEEDED BY THE PROBATE COURT, AS 166
DETERMINED BY THE COURT, AND BY DESIGNATING THAT PERSON AS AN
ASSESSOR DURING THE TIMES WHEN THE PERSON IS PERFORMING THE 167
DUTIES OF AN ASSESSOR FOR THE COURT. 168
(b) EACH PERSON APPOINTED OR DESIGNATED AS A PROBATE COURT 171
ASSESSOR SHALL TAKE AN OATH OF OFFICE BEFORE ENTERING ON THE 172
DUTIES OF THE PERSON'S APPOINTMENT.
(c) A PROBATE COURT ASSESSOR MUST MEET THE QUALIFICATIONS 175
FOR AN ASSESSOR ESTABLISHED BY SECTION 3107.012 OF THE REVISED 177
CODE.
(d) A PROBATE COURT ASSESSOR SHALL PERFORM ADDITIONAL 180
DUTIES, INCLUDING DUTIES OF AN INVESTIGATOR UNDER DIVISION (A)(2) 181
OF THIS SECTION, WHEN THE PROBATE JUDGE ASSIGNS ADDITIONAL DUTIES 182
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TO THE ASSESSOR. 183
(e) FOR PURPOSES OF DIVISIONS (A)(4), (B), AND (C) OF THIS 188
SECTION, A PERSON DESIGNATED AS A PROBATE COURT ASSESSOR SHALL BE 189
CONSIDERED AN APPOINTEE OF THE PROBATE COURT AT ANY TIME THAT THE 190
PERSON IS PERFORMING ASSESSOR DUTIES. 191
(4) Each appointee of the probate judge may administer 193
oaths in all cases when necessary, in the discharge of his 194
OFFICIAL duties. 195
(B)(1)(a) Subject to the appropriation made by the board 197
of county commissioners pursuant to this division, each appointee 198
of a probate judge under division (A) of this section shall 199
receive such compensation and expenses as the judge determines 200
and shall serve during the pleasure of the judge. The 201
compensation of each appointee shall be paid in semimonthly 202
installments by the county treasurer from the county treasury, 203
upon the warrants of the county auditor, certified to by the 204
judge. 205
(b) Except as otherwise provided in the Revised Code, the 207
total compensation paid to all appointees of the probate judge in 208
any calendar year shall not exceed the total fees earned by the 209
probate court during the preceding calendar year, unless the 210
board of county commissioners approves otherwise. 211
(2) The probate judge annually shall submit a written 213
request for an appropriation to the board of county commissioners 214
that shall set forth estimated administrative expenses of the 215
court, including the salaries of appointees as determined by the 216
judge and any other costs, fees, and expenses, including, but not 217
limited to, those enumerated in section 5123.96 of the Revised 218
Code, that the judge considers reasonably necessary for the 219
operation of the court. The board shall conduct a public hearing 220
with respect to the written request submitted by the judge and 221
shall appropriate such sum of money each year as it determines, 222
after conducting the public hearing and considering the written 223
request of the judge, is reasonably necessary to meet all the 224
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administrative expenses of the court, including the salaries of 225
appointees as determined by the judge and any other costs, fees, 226
and expenses, including, but not limited to, the costs, fees, and 227
expenses enumerated in section 5123.96 of the Revised Code. 228
If the judge considers the appropriation made by the board 230
pursuant to this division insufficient to meet all the 231
administrative expenses of the court, he THE JUDGE shall commence 233
an action under Chapter 2731. of the Revised Code in the court of 234
appeals for the judicial district for a determination of the duty 235
of the board of county commissioners to appropriate the amount of 236
money in dispute. The court of appeals shall give priority to 237
the action filed by the probate judge over all cases pending on 238
its docket. The burden shall be on the probate judge to prove 239
that the appropriation requested is reasonably necessary to meet 240
all administrative expenses of the court. If, prior to the 241
filing of an action under Chapter 2731. of the Revised Code or 242
during the pendency of the action, the judge exercises his THE 243
JUDGE'S contempt power in order to obtain the sum of money in 245
dispute, he THE JUDGE shall not order the imprisonment of any 247
member of the board of county commissioners notwithstanding 248
sections 2705.02 to 2705.06 of the Revised Code. 249
(C) The probate judge may require any of his THE JUDGE'S 251
appointees to give bond in the sum of not less than one thousand 253
dollars, conditioned for the honest and faithful performance of 254
his THE APPOINTEE'S duties. The sureties on the bonds shall be 256
approved in the manner provided in section 2101.03 of the Revised 257
Code.
The judge is personally liable for the default, 259
malfeasance, or nonfeasance of any such appointee, but, if a bond 260
is required of the appointee, the liability of the judge is 261
limited to the amount by which the loss resulting from the 262
default, malfeasance, or nonfeasance exceeds the amount of the 263
bond. 264
All bonds required to be given in the probate court, on 266
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being accepted and approved by the probate judge, shall be filed 267
in his THE JUDGE'S office. 268
Sec. 2151.86. (A)(1) The appointing or hiring officer of 278
any entity that employs any person responsible for a child's care 279
in out-of-home care shall request the superintendent of the 280
bureau of criminal identification and investigation to conduct a 281
criminal records check with respect to any applicant who has 282
applied to the entity for employment as a person responsible for 283
a child's care in out-of-home care. The administrative director 284
of any entity that designates a person as a prospective adoptive 285
parent or as a prospective foster parent shall request the 286
superintendent to conduct a criminal records check with respect 287
to that person. If the applicant, prospective adoptive parent, 288
or prospective foster parent does not present proof that the 289
applicant or prospective adoptive or foster parent has been a 290
resident of this state for the five-year period immediately prior 292
to the date upon which the criminal records check is requested or 293
does not provide evidence that within that five-year period the 294
superintendent has requested information about the applicant or 295
prospective adoptive or foster parent from the federal bureau of 296
investigation in a criminal records check, the appointing or 297
hiring officer or administrative director shall request that the 298
superintendent obtain information from the federal bureau of 299
investigation as a part of the criminal records check. If the 300
applicant, prospective adoptive parent, or prospective foster 301
parent presents proof that the applicant or prospective adoptive 302
or foster parent has been a resident of this state for that 303
five-year period, the appointing or hiring officer or 304
administrator may request that the superintendent include 305
information from the federal bureau of investigation in the 306
criminal records check.
(2) Any person required by division (A)(1) of this section 308
to request a criminal records check shall provide to each 309
applicant, prospective adoptive parent, or prospective foster 310
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parent a copy of the form prescribed pursuant to division (C)(1) 311
of section 109.572 of the Revised Code and a standard impression 312
sheet to obtain fingerprint impressions prescribed pursuant to 313
division (C)(2) of section 109.572 of the Revised Code, obtain 314
the completed form and impression sheet from each applicant, 315
prospective adoptive parent, or prospective foster parent, and 316
forward the completed form and impression sheet to the 317
superintendent of the bureau of criminal identification and 318
investigation at the time the person requests a criminal records 319
check pursuant to division (A)(1) of this section. 320
(3) Any applicant, prospective adoptive parent, or 322
prospective foster parent who receives pursuant to division 323
(A)(2) of this section a copy of the form prescribed pursuant to 324
division (C)(1) of section 109.572 of the Revised Code and a copy 325
of an impression sheet prescribed pursuant to division (C)(2) of 326
that section and who is requested to complete the form and 327
provide a set of fingerprint impressions shall complete the form 328
or provide all the information necessary to complete the form and 329
shall provide the impression sheet with the impressions of the 330
applicant's or prospective adoptive or foster parent's 331
fingerprints. If an applicant, prospective adoptive parent, or 332
prospective foster parent, upon request, fails to provide the 333
information necessary to complete the form or fails to provide 334
impressions of the applicant's or prospective adoptive or foster 335
parent's fingerprints, the entity shall not employ that applicant 336
for any position for which a criminal records check is required 338
by division (A)(1) of this section and shall not consider the 339
prospective adoptive parent or prospective foster parent as an 340
adoptive parent or foster parent.
(B)(1) Except as provided in rules adopted by the 342
department of human services in accordance with division (E) of 343
this section, no NO entity shall employ a person as a person 344
responsible for a child's care in out-of-home care or permit a 345
person to become an adoptive parent or foster parent if the 346
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person previously has been convicted of or pleaded guilty to any 347
of the following, UNLESS THE PERSON MEETS REHABILITATION 348
STANDARDS ESTABLISHED IN RULES ADOPTED UNDER DIVISION (E) OF THIS 349
SECTION:
(a) A violation of section 2903.01, 2903.02, 2903.03, 351
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 352
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 354
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 355
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 356
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 357
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 358
2925.06, or 3716.11 of the Revised Code, a violation of section 359
2905.04 of the Revised Code as it existed prior to July 1, 1996,
a violation of section 2919.23 of the Revised Code that would 360
have been a violation of section 2905.04 of the Revised Code as 361
it existed prior to July 1, 1996, had the violation been 362
committed prior to that date,, a violation of section 2925.11 of 363
the Revised Code that is not a minor drug possession offense, or 364
felonious sexual penetration in violation of former section 365
2907.12 of the Revised Code;
(b) A violation of an existing or former law of this 367
state, any other state, or the United States that is 368
substantially equivalent to any of the offenses described in 369
division (B)(1)(a) of this section.
(2) An out-of-home care entity may employ an applicant 371
conditionally until the criminal records check required by this 372
section is completed and the entity receives the results of the 373
criminal records check. If the results of the criminal records 374
check indicate that, pursuant to division (B)(1) of this section, 375
the applicant does not qualify for employment, the entity shall 376
release the applicant from employment. 377
(C)(1) The out-of-home care entity shall pay to the bureau 379
of criminal identification and investigation the fee prescribed 380
pursuant to division (C)(3) of section 109.572 of the Revised 381
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Code for each criminal records check conducted in accordance with 382
that section upon a request pursuant to division (A)(1) of this 383
section. 384
(2) An out-of-home care entity may charge an applicant, 386
prospective adoptive parent, or prospective foster parent a fee 387
for the costs it incurs in obtaining a criminal records check 388
under this section. A fee charged under this division shall not 389
exceed the amount of fees the entity pays under division (C)(1) 390
of this section. If a fee is charged under this division, the 391
entity shall notify the applicant, prospective adoptive parent, 392
or prospective foster parent at the time of the person's initial 393
application for employment or for becoming an adoptive parent or 394
foster parent of the amount of the fee and that, unless the fee 395
is paid, the entity will not consider the person for employment 397
or as an adoptive parent or foster parent. 398
(D) The report of any criminal records check conducted by 400
the bureau of criminal identification and investigation in 401
accordance with section 109.572 of the Revised Code and pursuant 402
to a request made under division (A)(1) of this section is not a 403
public record for the purposes of section 149.43 of the Revised 404
Code and shall not be made available to any person other than the 405
applicant, prospective adoptive parent, or prospective foster 406
parent who is the subject of the criminal records check or the 407
applicant's or prospective adoptive or foster parent's 408
representative; the entity requesting the criminal records check 409
or its representative; the state department of human services or 410
a county department of human services; and any court, hearing 411
officer, or other necessary individual involved in a case dealing 412
with the denial of employment to the applicant or the denial of 413
consideration as an adoptive parent or foster parent. 414
(E) The department of human services shall adopt rules 416
pursuant to Chapter 119. of the Revised Code to implement this 417
section, including. THE rules specifying circumstances under 419
which an out-of-home care entity may hire SHALL INCLUDE 420
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REHABILITATION STANDARDS a person who has been convicted of OR 422
PLEADED GUILTY TO an offense listed in division (B)(1) of this
section but who meets standards in regard to rehabilitation set 424
by the department MUST MEET FOR AN ENTITY TO EMPLOY THE PERSON AS 425
A PERSON RESPONSIBLE FOR A CHILD'S CARE IN OUT-OF-HOME CARE OR 426
PERMIT THE PERSON TO BECOME AN ADOPTIVE PARENT OR FOSTER PARENT. 427
(F) Any person required by division (A)(1) of this section 429
to request a criminal records check shall inform each person, at 430
the time of the person's initial application for employment with 431
an entity as a person responsible for a child's care in 432
out-of-home care or the person's initial application for becoming 433
an adoptive parent or foster parent, that the person is required 434
to provide a set of impressions of the person's fingerprints and 435
that a criminal records check is required to be conducted and 436
satisfactorily completed in accordance with section 109.572 of 437
the Revised Code if the person comes under final consideration 438
for appointment or employment as a precondition to employment for 439
that position or if the person is to be given final consideration 440
as an adoptive parent or foster parent.
(G) As used in this section: 442
(1) "Applicant" means a person who is under final 444
consideration for appointment or employment as a person 445
responsible for a child's care in out-of-home care. 446
(2) "Person responsible for a child's care in out-of-home 448
care" has the same meaning as in section 2151.011 of the Revised 449
Code, except that it does not include a prospective employee of 450
the department of youth services or a person responsible for a 451
child's care in a hospital or medical clinic other than a 452
children's hospital. 453
(3) "Children's hospital" means any of the following: 455
(a) A hospital registered under section 3701.07 of the 457
Revised Code that provides general pediatric medical and surgical 458
care, and in which at least seventy-five per cent of annual 459
inpatient discharges for the preceding two calendar years were 460
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individuals less than eighteen years of age; 461
(b) A distinct portion of a hospital registered under 463
section 3701.07 of the Revised Code that provides general 464
pediatric medical and surgical care, has a total of at least one 465
hundred fifty registered pediatric special care and pediatric 466
acute care beds, and in which at least seventy-five per cent of 467
annual inpatient discharges for the preceding two calendar years 468
were individuals less than eighteen years of age; 469
(c) A distinct portion of a hospital, if the hospital is 471
registered under section 3701.07 of the Revised Code as a 472
children's hospital and the children's hospital meets all the 473
requirements of division (G)(3)(a) of this section. 474
(4) "Criminal records check" has the same meaning as in 476
section 109.572 of the Revised Code. 477
(5) "Minor drug possession offense" has the same meaning 479
as in section 2925.01 of the Revised Code. 480
Sec. 3107.012. (A) Except as provided in division (B) of 490
this section, only an individual who meets all of the following 491
requirements may perform the duties of an assessor under sections 492
3107.031, 3107.082, 3107.09, 3107.12, and 5103.152 of the Revised 493
Code:
(1) The individual must be employed IN THE EMPLOY OF, 495
APPOINTED by or under contract with a COURT, public children 497
services agency, private child placing agency, or private
noncustodial agency; 498
(2) The individual must be one of the following: 500
(a) A professional counselor or social worker licensed 502
under Chapter 4757. of the Revised Code; 503
(b) A psychologist licensed under Chapter 4732. of the 505
Revised Code;
(c) A student working to earn a post-secondary degree who 508
conducts assessor's duties under the supervision of a
professional counselor or social worker licensed under Chapter 510
4757. of the Revised Code or a psychologist licensed under
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Chapter 4732. of the Revised Code; 511
(d) A civil service employee engaging in social work 513
without a license under Chapter 4757. of the Revised Code, as 514
permitted by division (E) of section 4757.16 of the Revised Code. 515
(3) The individual must complete education programs in 517
accordance with rules adopted under section 3107.013 of the 518
Revised Code.
(B) An individual employed IN THE EMPLOY OF, APPOINTED by, 521
OR UNDER CONTRACT WITH a court prior to the effective date of 523
this section SEPTEMBER 18, 1996, to conduct home studies ADOPTION 524
INVESTIGATIONS of prospective adoptive parents may conduct home 525
studies PERFORM THE DUTIES OF AN ASSESSOR under section SECTIONS 526
3107.031, 3107.082, 3107.09, 3107.12, AND 5103.152 of the Revised 528
Code if the individual complies with division (A)(3) of this 529
section REGARDLESS OF WHETHER THE INDIVIDUAL MEETS THE 530
REQUIREMENT OF DIVISION (A)(2) OF THIS SECTION. 531
(C) A COURT, PUBLIC CHILDREN SERVICES AGENCY, PRIVATE 534
CHILD PLACING AGENCY, OR PRIVATE NONCUSTODIAL AGENCY MAY EMPLOY, 535
APPOINT, OR CONTRACT WITH AN ASSESSOR IN THE COUNTY IN WHICH A
PETITION FOR ADOPTION IS FILED AND IN ANY OTHER COUNTY OR 536
LOCATION OUTSIDE THIS STATE WHERE INFORMATION NEEDED TO COMPLETE 537
OR SUPPLEMENT THE ASSESSOR'S DUTIES MAY BE OBTAINED. MORE THAN 538
ONE ASSESSOR MAY BE UTILIZED FOR AN ADOPTION. 539
Sec. 3107.12. An (A) EXCEPT AS PROVIDED IN DIVISION (B) 549
OF THIS SECTION, AN assessor shall conduct a prefinalization
assessment of a minor and petitioner before a court issues a 552
final decree of adoption or finalizes an interlocutory order of
adoption for the minor. On completion of the assessment, the 553
assessor shall prepare a written report of the assessment and 554
provide a copy of the report to the court before which the 555
adoption petition is pending.
The report of a prefinalization assessment shall include 557
all of the following: 558
(A)(1) The adjustment of the minor and the petitioner to 561
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the adoptive placement;
(B)(2) The present and anticipated needs of the minor and 563
the petitioner, as determined by a review of the minor's medical 564
and social history, for adoption-related services, including 565
assistance under Title IV-E of the "Social Security Act," 94 566
Stat. 501 (1980), 42 U.S.C.A. 670, as amended, or section 567
5153.163 of the Revised Code and counseling, case management 568
services, crisis services, diagnostic services, and therapeutic 569
counseling.
(C)(3) The physical, mental, and developmental condition 572
of the minor;
(D)(4) If known, the minor's biological family background, 575
including identifying information about the biological or other 576
legal parents;
(E)(5) The reasons for the minor's placement with the 579
petitioner, the petitioner's attitude toward the proposed
adoption, and the circumstances under which the minor was placed 580
in the home of the petitioner; 581
(F)(6) The attitude of the minor toward the proposed 584
adoption, if the minor's age makes this feasible;
(G)(7) If the minor is an Indian child, as defined in 25 586
U.S.C.A. 1903(4), how the placement complies with the "Indian 587
Child Welfare Act of 1978," 92 Stat. 3069, 25 U.S.C.A. 1901, as 588
amended.
The assessor shall file the prefinalization report with the 590
court not later than twenty days prior to the date scheduled for 591
the final hearing on the adoption unless the court determines 592
there is good cause for filing the report at a later date. 593
(B) THIS SECTION DOES NOT APPLY IF THE PETITIONER IS THE 596
MINOR'S STEPPARENT, UNLESS A COURT, AFTER DETERMINING A
PREFINALIZATION ASSESSMENT IS IN THE BEST INTEREST OF THE MINOR, 597
ORDERS THAT AN ASSESSOR CONDUCT A PREFINALIZATION ASSESSMENT. 598
(C) The department of human services shall adopt rules in 600
accordance with Chapter 119. of the Revised Code defining 602
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"counseling," "case management services," "crisis services," 603
"diagnostic services," and "therapeutic counseling" for the 604
purpose of this section.
Sec. 3107.14. (A) The petitioner and the person sought to 613
be adopted shall appear at the hearing on the petition, unless 614
the presence of either is excused by the court for good cause 615
shown. 616
(B) The court may continue the hearing from time to time 618
to permit further observation, investigation, or consideration of 619
any facts or circumstances affecting the granting of the 620
petition, and may examine the petitioners separate and apart from 621
each other. 622
(C) If, at the conclusion of the hearing, the court finds 624
that the required consents have been obtained or excused and that 625
the adoption is in the best interest of the person sought to be 626
adopted as supported by the evidence, it may issue, subject to 627
DIVISION (B)(1) OF SECTION 2151.86, section 3107.064, AND 629
division (E) of section 3107.09 of the Revised Code, and any 630
other limitations specified in this chapter, a final decree of 631
adoption or an interlocutory order of adoption, which by its own 633
terms automatically becomes a final decree of adoption on a date 634
specified in the order, which, except as provided in division (B) 635
of section 3107.13 of the Revised Code, shall not be less than 637
six months or more than one year from the date of issuance of the 638
order, unless sooner vacated by the court for good cause shown. 639
In determining whether the adoption is in the best interest of 640
the person sought to be adopted, the court shall not consider the
age of the petitioner if the petitioner is old enough to adopt as 641
provided by section 3107.03 of the Revised Code. 642
In an interlocutory order of adoption, the court shall 644
provide for observation, investigation, and a further report on 645
the adoptive home during the interlocutory period. 646
(D) If the requirements for a decree under division (C) of 648
this section have not been satisfied or the court vacates an 649
16
interlocutory order of adoption, or if the court finds that a 650
person sought to be adopted was placed in the home of the 651
petitioner in violation of law, the court shall dismiss the 652
petition and may determine the agency or person to have temporary 653
or permanent custody of the person, which may include the agency 654
or person that had custody prior to the filing of the petition or 655
the petitioner, if the court finds it is in the best interest of 656
the person as supported by the evidence, or if the person is a 657
minor, the court may certify the case to the juvenile court of 658
the county where the minor is then residing for appropriate 659
action and disposition.
Sec. 3107.141. AFTER AN ASSESSOR FILES A HOME STUDY REPORT 662
UNDER SECTION 3107.031, A SOCIAL AND MEDICAL HISTORY UNDER 663
SECTION 3107.09, OR A PREFINALIZATION ASSESSMENT REPORT UNDER 664
SECTION 3107.12 OF THE REVISED CODE, OR THE DEPARTMENT OF HUMAN
SERVICES FILES A SOCIAL AND MEDICAL HISTORY UNDER SECTION 665
3107.091 OF THE REVISED CODE, A COURT MAY DO EITHER OR BOTH OF 668
THE FOLLOWING IF THE COURT DETERMINES THE REPORT OR HISTORY DOES 669
NOT COMPLY WITH THE REQUIREMENTS GOVERNING THE REPORT OR HISTORY 670
OR, IN THE CASE OF A HOME STUDY OR PREFINALIZATION ASSESSMENT 671
REPORT, DOES NOT ENABLE THE COURT TO DETERMINE WHETHER AN 672
ADOPTION IS IN THE BEST INTEREST OF THE MINOR TO BE ADOPTED: 673
(1) ORDER THE ASSESSOR OR DEPARTMENT TO REDO OR SUPPLEMENT 676
THE REPORT OR HISTORY IN A MANNER THE COURT DIRECTS; 677
(2) APPOINT A DIFFERENT ASSESSOR TO REDO OR SUPPLEMENT THE 680
REPORT OR HISTORY IN A MANNER THE COURT DIRECTS.
Section 2. That existing sections 2101.01, 2101.11, 682
2151.86, 3107.012, 3107.12, and 3107.14 of the Revised Code are 683
hereby repealed. 684
Section 3. Section 2151.86 of the Revised Code is 686
presented in this act as a composite of the section as amended by 687
both Am. Sub. H.B. 445 and Am. Sub. S.B. 269 of the 121st General 688
Assembly, with the new language of neither of the acts shown in 690
capital letters. This is in recognition of the principle stated 691
17
in division (B) of section 1.52 of the Revised Code that such 692
amendments are to be harmonized where not substantively 693
irreconcilable and constitutes a legislative finding that such is 694
the resulting version in effect prior to the effective date of 695
this act.