As Reported by the House Family Services Committee 1
122nd General Assembly 4
Regular Session H. B. No. 446 5
1997-1998 6
REPRESENTATIVES WILLIAMS-GARCIA-TERWILLEGER-TIBERI-FORD-PRINGLE- 8
WINKLER-JONES 9
11
A B I L L
To amend sections 2101.01, 2101.11, 2151.86, 13
3107.012, 3107.12, and 3107.14 and to enact 14
section 3107.141 of the Revised Code regarding 15
adoption assessors, prefinalization assessments, 16
and rehabilitation standards a person with a 17
criminal background must meet to become an 18
adoptive or foster parent. 19
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That sections 2101.01, 2101.11, 2151.86, 23
3107.012, 3107.12, and 3107.14 be amended and section 3107.141 of 24
the Revised Code be enacted to read as follows: 25
Sec. 2101.01. A probate division of the court of common 34
pleas shall be held at the county seat in each county in an 35
office furnished by the board of county commissioners, in which 36
the books, records, and papers pertaining to the probate division 37
shall be deposited and safely kept by the probate judge. The 38
board shall provide suitable cases or other necessary items for 39
the safekeeping and preservation of the books, records, and 40
papers of the court and shall furnish any blankbooks, blanks, and 42
stationery, and any machines, equipment, and materials for the 43
keeping or examining of records, that the probate judge requires 44
in the discharge of official duties. The board also shall 45
authorize expenditures for accountants, financial consultants, 46
and other agents required for auditing or financial consulting by 47
the probate division whenever the probate judge considers these 48
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services and expenditures necessary for the efficient performance 49
of the division's duties. The probate judge shall employ and 50
supervise all clerks, deputies, magistrates, and other employees 51
of the probate division. The probate judge shall supervise all 53
probate court investigators AND ASSESSORS in the performance of 54
their duties as investigators AND ASSESSORS and shall employ, 55
appoint, or designate all probate court investigators AND 56
ASSESSORS in the manner described in division DIVISIONS (A)(2) 58
AND (3) of section 2101.11 of the Revised Code. 60
As used in the Revised Code, "probate court" means the 62
probate division of the court of common pleas, and "probate 63
judge" means the judge of the court of common pleas who is judge 64
of the probate division. All pleadings, forms, journals, and 65
other records filed or used in the probate division shall be 66
entitled "In the Court of Common Pleas, Probate Division," but 67
are not defective if entitled "In the Probate Court." 68
Sec. 2101.11. (A)(1) The probate judge shall have the 77
care and custody of the files, papers, books, and records 78
belonging to the probate court. He THE PROBATE JUDGE is 79
authorized to perform the duties of clerk of his own THE JUDGE'S 81
court. He THE PROBATE JUDGE may appoint deputy clerks, 82
stenographers, a bailiff, and any other necessary employees, each 83
of whom shall take an oath of office before entering upon the 84
duties of his THE EMPLOYEE'S appointment and, when so qualified, 85
may perform the duties appertaining to the office of clerk of the 87
court.
(2)(a) The probate judge shall provide for one or more 89
probate court investigators to perform the duties that are 90
established for a probate court investigator by the Revised Code 91
or the probate judge. The probate judge may provide for an 92
investigator in any of the following manners, as the court 93
determines is appropriate: 94
(i) By appointing a person as a full-time or part-time 96
employee of the probate court to serve as investigator, or by 97
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designating a current full-time or part-time employee of the 98
probate court to serve as investigator; 99
(ii) By contracting with a person to serve and be 101
compensated as investigator only when needed by the probate 102
court, as determined by the court, and by designating that person 103
as a probate court investigator during the times when the person 104
is performing the duties of an investigator for the court; 105
(iii) By entering into an agreement with another 107
department or agency of the county, including, but not limited 108
to, the sheriff's department or the county department of human 109
services, pursuant to which an employee of the other department 110
or agency will serve and perform the duties of investigator for 111
the court, upon request of the probate judge, and designating 112
that employee as a probate court investigator during the times 113
when the person is performing the duties of an investigator for 114
the court. 115
(b) Each person appointed or otherwise designated as a 117
probate court investigator shall take an oath of office before 118
entering upon the duties of his THE PERSON'S appointment. When 119
so qualified, an investigator may perform the duties that are 121
established for a probate court investigator by the Revised Code 122
or the probate judge. 123
(c) Except as otherwise provided in this division, a 125
probate court investigator shall hold at least a bachelor's 126
degree in social work, psychology, education, special education, 127
or a related human services field. A probate judge may waive the 128
education requirement of this division for a person the judge 129
appoints or otherwise designates as a probate court investigator 130
if the judge determines that the person has experience in human 131
services work that is equivalent to the required education. 132
(d) Within one year after his appointment or designation, 134
a probate court investigator shall attend an orientation course 135
of at least six hours, and each calendar year after the calendar 136
year of his appointment or designation, a probate court 137
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investigator shall satisfactorily complete at least six hours of 138
continuing education. 139
(e) For purposes of divisions (A)(3)(4), (B), and (C) of 141
this section, a person designated as a probate court investigator 142
under division (A)(2)(a)(ii) or (iii) of this section shall be 143
considered an appointee of the probate court at any time that the 144
person is performing the duties established under the Revised 145
Code or by the probate judge for a probate court investigator. 146
(3)(a) THE PROBATE JUDGE MAY PROVIDE FOR ONE OR MORE 148
PERSONS TO PERFORM THE DUTIES OF AN ASSESSOR UNDER SECTIONS 149
3107.031, 3107.082, 3107.09, AND 3107.12 OF THE REVISED CODE OR 152
MAY ENTER INTO AGREEMENTS WITH PUBLIC CHILDREN SERVICES AGENCIES, 153
PRIVATE CHILD PLACING AGENCIES, OR PRIVATE NONCUSTODIAL AGENCIES 154
UNDER WHICH THE AGENCY PROVIDES FOR ONE OR MORE PERSONS TO 155
PERFORM THE DUTIES OF AN ASSESSOR. A PROBATE JUDGE WHO PROVIDES 156
FOR AN ASSESSOR SHALL DO SO IN EITHER OF THE FOLLOWING MANNERS, 158
AS THE JUDGE CONSIDERS APPROPRIATE:
(i) BY APPOINTING A PERSON AS A FULL-TIME OR PART-TIME 161
EMPLOYEE OF THE PROBATE COURT TO SERVE AS ASSESSOR, OR BY 162
DESIGNATING A CURRENT FULL-TIME OR PART-TIME EMPLOYEE OF THE
PROBATE COURT TO SERVE AS ASSESSOR; 163
(ii) BY CONTRACTING WITH A PERSON TO SERVE AND BE 165
COMPENSATED AS ASSESSOR ONLY WHEN NEEDED BY THE PROBATE COURT, AS 167
DETERMINED BY THE COURT, AND BY DESIGNATING THAT PERSON AS AN
ASSESSOR DURING THE TIMES WHEN THE PERSON IS PERFORMING THE 168
DUTIES OF AN ASSESSOR FOR THE COURT. 169
(b) EACH PERSON APPOINTED OR DESIGNATED AS A PROBATE COURT 172
ASSESSOR SHALL TAKE AN OATH OF OFFICE BEFORE ENTERING ON THE 173
DUTIES OF THE PERSON'S APPOINTMENT.
(c) A PROBATE COURT ASSESSOR MUST MEET THE QUALIFICATIONS 176
FOR AN ASSESSOR ESTABLISHED BY SECTION 3107.012 OF THE REVISED 178
CODE.
(d) A PROBATE COURT ASSESSOR SHALL PERFORM ADDITIONAL 181
DUTIES, INCLUDING DUTIES OF AN INVESTIGATOR UNDER DIVISION (A)(2) 182
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OF THIS SECTION, WHEN THE PROBATE JUDGE ASSIGNS ADDITIONAL DUTIES 183
TO THE ASSESSOR. 184
(e) FOR PURPOSES OF DIVISIONS (A)(4), (B), AND (C) OF THIS 189
SECTION, A PERSON DESIGNATED AS A PROBATE COURT ASSESSOR SHALL BE 190
CONSIDERED AN APPOINTEE OF THE PROBATE COURT AT ANY TIME THAT THE 191
PERSON IS PERFORMING ASSESSOR DUTIES. 192
(4) Each appointee of the probate judge may administer 194
oaths in all cases when necessary, in the discharge of his 195
OFFICIAL duties. 196
(B)(1)(a) Subject to the appropriation made by the board 198
of county commissioners pursuant to this division, each appointee 199
of a probate judge under division (A) of this section shall 200
receive such compensation and expenses as the judge determines 201
and shall serve during the pleasure of the judge. The 202
compensation of each appointee shall be paid in semimonthly 203
installments by the county treasurer from the county treasury, 204
upon the warrants of the county auditor, certified to by the 205
judge. 206
(b) Except as otherwise provided in the Revised Code, the 208
total compensation paid to all appointees of the probate judge in 209
any calendar year shall not exceed the total fees earned by the 210
probate court during the preceding calendar year, unless the 211
board of county commissioners approves otherwise. 212
(2) The probate judge annually shall submit a written 214
request for an appropriation to the board of county commissioners 215
that shall set forth estimated administrative expenses of the 216
court, including the salaries of appointees as determined by the 217
judge and any other costs, fees, and expenses, including, but not 218
limited to, those enumerated in section 5123.96 of the Revised 219
Code, that the judge considers reasonably necessary for the 220
operation of the court. The board shall conduct a public hearing 221
with respect to the written request submitted by the judge and 222
shall appropriate such sum of money each year as it determines, 223
after conducting the public hearing and considering the written 224
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request of the judge, is reasonably necessary to meet all the 225
administrative expenses of the court, including the salaries of 226
appointees as determined by the judge and any other costs, fees, 227
and expenses, including, but not limited to, the costs, fees, and 228
expenses enumerated in section 5123.96 of the Revised Code. 229
If the judge considers the appropriation made by the board 231
pursuant to this division insufficient to meet all the 232
administrative expenses of the court, he THE JUDGE shall commence 234
an action under Chapter 2731. of the Revised Code in the court of 235
appeals for the judicial district for a determination of the duty 236
of the board of county commissioners to appropriate the amount of 237
money in dispute. The court of appeals shall give priority to 238
the action filed by the probate judge over all cases pending on 239
its docket. The burden shall be on the probate judge to prove 240
that the appropriation requested is reasonably necessary to meet 241
all administrative expenses of the court. If, prior to the 242
filing of an action under Chapter 2731. of the Revised Code or 243
during the pendency of the action, the judge exercises his THE 244
JUDGE'S contempt power in order to obtain the sum of money in 246
dispute, he THE JUDGE shall not order the imprisonment of any 248
member of the board of county commissioners notwithstanding 249
sections 2705.02 to 2705.06 of the Revised Code. 250
(C) The probate judge may require any of his THE JUDGE'S 252
appointees to give bond in the sum of not less than one thousand 254
dollars, conditioned for the honest and faithful performance of 255
his THE APPOINTEE'S duties. The sureties on the bonds shall be 257
approved in the manner provided in section 2101.03 of the Revised 258
Code.
The judge is personally liable for the default, 260
malfeasance, or nonfeasance of any such appointee, but, if a bond 261
is required of the appointee, the liability of the judge is 262
limited to the amount by which the loss resulting from the 263
default, malfeasance, or nonfeasance exceeds the amount of the 264
bond. 265
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All bonds required to be given in the probate court, on 267
being accepted and approved by the probate judge, shall be filed 268
in his THE JUDGE'S office. 269
Sec. 2151.86. (A)(1) The appointing or hiring officer of 279
any entity that employs any person responsible for a child's care 280
in out-of-home care shall request the superintendent of the 281
bureau of criminal identification and investigation to conduct a 282
criminal records check with respect to any applicant who has 283
applied to the entity for employment as a person responsible for 284
a child's care in out-of-home care. The administrative director 285
of any entity that designates a person as a prospective adoptive 286
parent or as a prospective foster parent shall request the 287
superintendent to conduct a criminal records check with respect 288
to that person. If the applicant, prospective adoptive parent, 289
or prospective foster parent does not present proof that the 290
applicant or prospective adoptive or foster parent has been a 291
resident of this state for the five-year period immediately prior 293
to the date upon which the criminal records check is requested or 294
does not provide evidence that within that five-year period the 295
superintendent has requested information about the applicant or 296
prospective adoptive or foster parent from the federal bureau of 297
investigation in a criminal records check, the appointing or 298
hiring officer or administrative director shall request that the 299
superintendent obtain information from the federal bureau of 300
investigation as a part of the criminal records check. If the 301
applicant, prospective adoptive parent, or prospective foster 302
parent presents proof that the applicant or prospective adoptive 303
or foster parent has been a resident of this state for that 304
five-year period, the appointing or hiring officer or 305
administrator may request that the superintendent include 306
information from the federal bureau of investigation in the 307
criminal records check.
(2) Any person required by division (A)(1) of this section 309
to request a criminal records check shall provide to each 310
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applicant, prospective adoptive parent, or prospective foster 311
parent a copy of the form prescribed pursuant to division (C)(1) 312
of section 109.572 of the Revised Code and a standard impression 313
sheet to obtain fingerprint impressions prescribed pursuant to 314
division (C)(2) of section 109.572 of the Revised Code, obtain 315
the completed form and impression sheet from each applicant, 316
prospective adoptive parent, or prospective foster parent, and 317
forward the completed form and impression sheet to the 318
superintendent of the bureau of criminal identification and 319
investigation at the time the person requests a criminal records 320
check pursuant to division (A)(1) of this section. 321
(3) Any applicant, prospective adoptive parent, or 323
prospective foster parent who receives pursuant to division 324
(A)(2) of this section a copy of the form prescribed pursuant to 325
division (C)(1) of section 109.572 of the Revised Code and a copy 326
of an impression sheet prescribed pursuant to division (C)(2) of 327
that section and who is requested to complete the form and 328
provide a set of fingerprint impressions shall complete the form 329
or provide all the information necessary to complete the form and 330
shall provide the impression sheet with the impressions of the 331
applicant's or prospective adoptive or foster parent's 332
fingerprints. If an applicant, prospective adoptive parent, or 333
prospective foster parent, upon request, fails to provide the 334
information necessary to complete the form or fails to provide 335
impressions of the applicant's or prospective adoptive or foster 336
parent's fingerprints, the entity shall not employ that applicant 337
for any position for which a criminal records check is required 339
by division (A)(1) of this section and shall not consider the 340
prospective adoptive parent or prospective foster parent as an 341
adoptive parent or foster parent.
(B)(1) Except as provided in rules adopted by the 343
department of human services in accordance with division (E) of 344
this section, no NO entity shall employ a person as a person 345
responsible for a child's care in out-of-home care or permit a 346
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person to become an adoptive parent or foster parent if the 347
person previously has been convicted of or pleaded guilty to any 348
of the following, UNLESS THE PERSON MEETS REHABILITATION 349
STANDARDS ESTABLISHED IN RULES ADOPTED UNDER DIVISION (E) OF THIS 350
SECTION:
(a) A violation of section 2903.01, 2903.02, 2903.03, 352
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 353
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 355
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 356
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 357
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 358
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 359
2925.06, or 3716.11 of the Revised Code, a violation of section 360
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 361
have been a violation of section 2905.04 of the Revised Code as 362
it existed prior to July 1, 1996, had the violation been 363
committed prior to that date,, a violation of section 2925.11 of 364
the Revised Code that is not a minor drug possession offense, or 365
felonious sexual penetration in violation of former section 366
2907.12 of the Revised Code;
(b) A violation of an existing or former law of this 368
state, any other state, or the United States that is 369
substantially equivalent to any of the offenses described in 370
division (B)(1)(a) of this section.
(2) An out-of-home care entity may employ an applicant 372
conditionally until the criminal records check required by this 373
section is completed and the entity receives the results of the 374
criminal records check. If the results of the criminal records 375
check indicate that, pursuant to division (B)(1) of this section, 376
the applicant does not qualify for employment, the entity shall 377
release the applicant from employment. 378
(C)(1) The out-of-home care entity shall pay to the bureau 380
of criminal identification and investigation the fee prescribed 381
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pursuant to division (C)(3) of section 109.572 of the Revised 382
Code for each criminal records check conducted in accordance with 383
that section upon a request pursuant to division (A)(1) of this 384
section. 385
(2) An out-of-home care entity may charge an applicant, 387
prospective adoptive parent, or prospective foster parent a fee 388
for the costs it incurs in obtaining a criminal records check 389
under this section. A fee charged under this division shall not 390
exceed the amount of fees the entity pays under division (C)(1) 391
of this section. If a fee is charged under this division, the 392
entity shall notify the applicant, prospective adoptive parent, 393
or prospective foster parent at the time of the person's initial 394
application for employment or for becoming an adoptive parent or 395
foster parent of the amount of the fee and that, unless the fee 396
is paid, the entity will not consider the person for employment 398
or as an adoptive parent or foster parent. 399
(D) The report of any criminal records check conducted by 401
the bureau of criminal identification and investigation in 402
accordance with section 109.572 of the Revised Code and pursuant 403
to a request made under division (A)(1) of this section is not a 404
public record for the purposes of section 149.43 of the Revised 405
Code and shall not be made available to any person other than the 406
applicant, prospective adoptive parent, or prospective foster 407
parent who is the subject of the criminal records check or the 408
applicant's or prospective adoptive or foster parent's 409
representative; the entity requesting the criminal records check 410
or its representative; the state department of human services or 411
a county department of human services; and any court, hearing 412
officer, or other necessary individual involved in a case dealing 413
with the denial of employment to the applicant or the denial of 414
consideration as an adoptive parent or foster parent. 415
(E) The department of human services shall adopt rules 417
pursuant to Chapter 119. of the Revised Code to implement this 418
section, including. THE rules specifying circumstances under 420
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which an out-of-home care entity may hire SHALL INCLUDE 421
REHABILITATION STANDARDS a person who has been convicted of OR 423
PLEADED GUILTY TO an offense listed in division (B)(1) of this
section but who meets standards in regard to rehabilitation set 425
by the department MUST MEET FOR AN ENTITY TO EMPLOY THE PERSON AS 426
A PERSON RESPONSIBLE FOR A CHILD'S CARE IN OUT-OF-HOME CARE OR 427
PERMIT THE PERSON TO BECOME AN ADOPTIVE PARENT OR FOSTER PARENT. 428
(F) Any person required by division (A)(1) of this section 430
to request a criminal records check shall inform each person, at 431
the time of the person's initial application for employment with 432
an entity as a person responsible for a child's care in 433
out-of-home care or the person's initial application for becoming 434
an adoptive parent or foster parent, that the person is required 435
to provide a set of impressions of the person's fingerprints and 436
that a criminal records check is required to be conducted and 437
satisfactorily completed in accordance with section 109.572 of 438
the Revised Code if the person comes under final consideration 439
for appointment or employment as a precondition to employment for 440
that position or if the person is to be given final consideration 441
as an adoptive parent or foster parent.
(G) As used in this section: 443
(1) "Applicant" means a person who is under final 445
consideration for appointment or employment as a person 446
responsible for a child's care in out-of-home care. 447
(2) "Person responsible for a child's care in out-of-home 449
care" has the same meaning as in section 2151.011 of the Revised 450
Code, except that it does not include a prospective employee of 451
the department of youth services or a person responsible for a 452
child's care in a hospital or medical clinic other than a 453
children's hospital. 454
(3) "Children's hospital" means any of the following: 456
(a) A hospital registered under section 3701.07 of the 458
Revised Code that provides general pediatric medical and surgical 459
care, and in which at least seventy-five per cent of annual 460
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inpatient discharges for the preceding two calendar years were 461
individuals less than eighteen years of age; 462
(b) A distinct portion of a hospital registered under 464
section 3701.07 of the Revised Code that provides general 465
pediatric medical and surgical care, has a total of at least one 466
hundred fifty registered pediatric special care and pediatric 467
acute care beds, and in which at least seventy-five per cent of 468
annual inpatient discharges for the preceding two calendar years 469
were individuals less than eighteen years of age; 470
(c) A distinct portion of a hospital, if the hospital is 472
registered under section 3701.07 of the Revised Code as a 473
children's hospital and the children's hospital meets all the 474
requirements of division (G)(3)(a) of this section. 475
(4) "Criminal records check" has the same meaning as in 477
section 109.572 of the Revised Code. 478
(5) "Minor drug possession offense" has the same meaning 480
as in section 2925.01 of the Revised Code. 481
Sec. 3107.012. (A) Except as provided in division (B) of 491
this section, only an individual who meets all of the following 492
requirements may perform the duties of an assessor under sections 493
3107.031, 3107.082, 3107.09, 3107.12, and 5103.152 of the Revised 494
Code:
(1) The individual must be employed IN THE EMPLOY OF, 496
APPOINTED by or under contract with a COURT, public children 498
services agency, private child placing agency, or private
noncustodial agency; 499
(2) The individual must be one of the following: 501
(a) A professional counselor or social worker licensed 503
under Chapter 4757. of the Revised Code; 504
(b) A psychologist licensed under Chapter 4732. of the 506
Revised Code;
(c) A student working to earn a post-secondary degree who 509
conducts assessor's duties under the supervision of a
professional counselor or social worker licensed under Chapter 511
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4757. of the Revised Code or a psychologist licensed under
Chapter 4732. of the Revised Code; 512
(d) A civil service employee engaging in social work 514
without a license under Chapter 4757. of the Revised Code, as 515
permitted by division (E) of section 4757.16 of the Revised Code. 516
(3) The individual must complete education programs in 518
accordance with rules adopted under section 3107.013 of the 519
Revised Code.
(B) An individual employed IN THE EMPLOY OF, APPOINTED by, 522
OR UNDER CONTRACT WITH a court prior to the effective date of 524
this section SEPTEMBER 18, 1996, to conduct home studies ADOPTION 525
INVESTIGATIONS of prospective adoptive parents may conduct home 526
studies PERFORM THE DUTIES OF AN ASSESSOR under section SECTIONS 527
3107.031, 3107.082, 3107.09, 3107.12, AND 5103.152 of the Revised 529
Code if the individual complies with division (A)(3) of this 530
section REGARDLESS OF WHETHER THE INDIVIDUAL MEETS THE 531
REQUIREMENT OF DIVISION (A)(2) OF THIS SECTION. 532
(C) A COURT, PUBLIC CHILDREN SERVICES AGENCY, PRIVATE 535
CHILD PLACING AGENCY, OR PRIVATE NONCUSTODIAL AGENCY MAY EMPLOY, 536
APPOINT, OR CONTRACT WITH AN ASSESSOR IN THE COUNTY IN WHICH A
PETITION FOR ADOPTION IS FILED AND IN ANY OTHER COUNTY OR 537
LOCATION OUTSIDE THIS STATE WHERE INFORMATION NEEDED TO COMPLETE 538
OR SUPPLEMENT THE ASSESSOR'S DUTIES MAY BE OBTAINED. MORE THAN 539
ONE ASSESSOR MAY BE UTILIZED FOR AN ADOPTION. 540
Sec. 3107.12. An (A) EXCEPT AS PROVIDED IN DIVISION (B) 550
OF THIS SECTION, AN assessor shall conduct a prefinalization
assessment of a minor and petitioner before a court issues a 553
final decree of adoption or finalizes an interlocutory order of
adoption for the minor. On completion of the assessment, the 554
assessor shall prepare a written report of the assessment and 555
provide a copy of the report to the court before which the 556
adoption petition is pending.
The report of a prefinalization assessment shall include 558
all of the following: 559
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(A)(1) The adjustment of the minor and the petitioner to 562
the adoptive placement;
(B)(2) The present and anticipated needs of the minor and 564
the petitioner, as determined by a review of the minor's medical 565
and social history, for adoption-related services, including 566
assistance under Title IV-E of the "Social Security Act," 94 567
Stat. 501 (1980), 42 U.S.C.A. 670, as amended, or section 568
5153.163 of the Revised Code and counseling, case management 569
services, crisis services, diagnostic services, and therapeutic 570
counseling.
(C)(3) The physical, mental, and developmental condition 573
of the minor;
(D)(4) If known, the minor's biological family background, 576
including identifying information about the biological or other 577
legal parents;
(E)(5) The reasons for the minor's placement with the 580
petitioner, the petitioner's attitude toward the proposed
adoption, and the circumstances under which the minor was placed 581
in the home of the petitioner; 582
(F)(6) The attitude of the minor toward the proposed 585
adoption, if the minor's age makes this feasible;
(G)(7) If the minor is an Indian child, as defined in 25 587
U.S.C.A. 1903(4), how the placement complies with the "Indian 588
Child Welfare Act of 1978," 92 Stat. 3069, 25 U.S.C.A. 1901, as 589
amended.
The assessor shall file the prefinalization report with the 591
court not later than twenty days prior to the date scheduled for 592
the final hearing on the adoption unless the court determines 593
there is good cause for filing the report at a later date. 594
(B) THIS SECTION DOES NOT APPLY IF THE PETITIONER IS THE 597
MINOR'S STEPPARENT, UNLESS A COURT, AFTER DETERMINING A
PREFINALIZATION ASSESSMENT IS IN THE BEST INTEREST OF THE MINOR, 598
ORDERS THAT AN ASSESSOR CONDUCT A PREFINALIZATION ASSESSMENT. 599
(C) The department of human services shall adopt rules in 601
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accordance with Chapter 119. of the Revised Code defining 603
"counseling," "case management services," "crisis services," 604
"diagnostic services," and "therapeutic counseling" for the 605
purpose of this section.
Sec. 3107.14. (A) The petitioner and the person sought to 614
be adopted shall appear at the hearing on the petition, unless 615
the presence of either is excused by the court for good cause 616
shown. 617
(B) The court may continue the hearing from time to time 619
to permit further observation, investigation, or consideration of 620
any facts or circumstances affecting the granting of the 621
petition, and may examine the petitioners separate and apart from 622
each other. 623
(C) If, at the conclusion of the hearing, the court finds 625
that the required consents have been obtained or excused and that 626
the adoption is in the best interest of the person sought to be 627
adopted as supported by the evidence, it may issue, subject to 628
DIVISION (B)(1) OF SECTION 2151.86, section 3107.064, AND 630
division (E) of section 3107.09 of the Revised Code, and any 631
other limitations specified in this chapter, a final decree of 632
adoption or an interlocutory order of adoption, which by its own 634
terms automatically becomes a final decree of adoption on a date 635
specified in the order, which, except as provided in division (B) 636
of section 3107.13 of the Revised Code, shall not be less than 638
six months or more than one year from the date of issuance of the 639
order, unless sooner vacated by the court for good cause shown. 640
In determining whether the adoption is in the best interest of 641
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 642
provided by section 3107.03 of the Revised Code. 643
In an interlocutory order of adoption, the court shall 645
provide for observation, investigation, and a further report on 646
the adoptive home during the interlocutory period. 647
(D) If the requirements for a decree under division (C) of 649
16
this section have not been satisfied or the court vacates an 650
interlocutory order of adoption, or if the court finds that a 651
person sought to be adopted was placed in the home of the 652
petitioner in violation of law, the court shall dismiss the 653
petition and may determine the agency or person to have temporary 654
or permanent custody of the person, which may include the agency 655
or person that had custody prior to the filing of the petition or 656
the petitioner, if the court finds it is in the best interest of 657
the person as supported by the evidence, or if the person is a 658
minor, the court may certify the case to the juvenile court of 659
the county where the minor is then residing for appropriate 660
action and disposition.
Sec. 3107.141. AFTER AN ASSESSOR FILES A HOME STUDY REPORT 663
UNDER SECTION 3107.031, A SOCIAL AND MEDICAL HISTORY UNDER 664
SECTION 3107.09, OR A PREFINALIZATION ASSESSMENT REPORT UNDER 665
SECTION 3107.12 OF THE REVISED CODE, OR THE DEPARTMENT OF HUMAN
SERVICES FILES A SOCIAL AND MEDICAL HISTORY UNDER SECTION 666
3107.091 OF THE REVISED CODE, A COURT MAY DO EITHER OR BOTH OF 669
THE FOLLOWING IF THE COURT DETERMINES THE REPORT OR HISTORY DOES 670
NOT COMPLY WITH THE REQUIREMENTS GOVERNING THE REPORT OR HISTORY 671
OR, IN THE CASE OF A HOME STUDY OR PREFINALIZATION ASSESSMENT 672
REPORT, DOES NOT ENABLE THE COURT TO DETERMINE WHETHER AN 673
ADOPTION IS IN THE BEST INTEREST OF THE MINOR TO BE ADOPTED: 674
(1) ORDER THE ASSESSOR OR DEPARTMENT TO REDO OR SUPPLEMENT 677
THE REPORT OR HISTORY IN A MANNER THE COURT DIRECTS; 678
(2) APPOINT A DIFFERENT ASSESSOR TO REDO OR SUPPLEMENT THE 681
REPORT OR HISTORY IN A MANNER THE COURT DIRECTS.
Section 2. That existing sections 2101.01, 2101.11, 683
2151.86, 3107.012, 3107.12, and 3107.14 of the Revised Code are 684
hereby repealed. 685
Section 3. Section 2151.86 of the Revised Code is 687
presented in this act as a composite of the section as amended by 688
both Am. Sub. H.B. 445 and Am. Sub. S.B. 269 of the 121st General 689
Assembly, with the new language of neither of the acts shown in 691
17
capital letters. This is in recognition of the principle stated 692
in division (B) of section 1.52 of the Revised Code that such 693
amendments are to be harmonized where not substantively 694
irreconcilable and constitutes a legislative finding that such is 695
the resulting version in effect prior to the effective date of 696
this act.