As Passed by the House                        1            

122nd General Assembly                                             4            

   Regular Session                             Am. H. B. No. 446   5            

      1997-1998                                                    6            


REPRESENTATIVES WILLIAMS-GARCIA-TERWILLEGER-TIBERI-FORD-PRINGLE-   8            

      WINKLER-JONES-GARDNER-KASPUTIS-SALERNO-HARRIS-VESPER-        9            

                  BRADING-MYERS-O'BRIEN-ROBERTS                    10           


                                                                   12           

                           A   B I L L                                          

             To amend sections 2101.01, 2101.11, 2151.86,          14           

                3107.012, 3107.12, and 3107.14 and to enact        15           

                section 3107.141 of the Revised Code regarding     16           

                adoption assessors, prefinalization  assessments,  17           

                and rehabilitation standards a person with a       18           

                criminal background must meet to become an         19           

                adoptive or foster  parent.                        20           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        22           

      Section 1.  That sections 2101.01, 2101.11, 2151.86,         24           

3107.012, 3107.12, and 3107.14 be amended and section 3107.141 of  25           

the Revised Code be enacted to read as follows:                    26           

      Sec. 2101.01.  A probate division of the court of common     35           

pleas shall be held at the county seat in each county in an        36           

office furnished by the board of county commissioners, in which    37           

the books, records, and papers pertaining to the probate division  38           

shall be deposited and safely kept by the probate judge.  The      39           

board shall provide suitable cases or other necessary items for    40           

the safekeeping and preservation of the books, records, and        41           

papers of the court and shall furnish any blankbooks, blanks, and  43           

stationery, and any machines, equipment, and materials for the     44           

keeping or examining of records, that the probate judge requires   45           

in the discharge of official duties.  The board also shall         46           

authorize expenditures for accountants, financial consultants,     47           

and other agents required for auditing or financial consulting by  48           

                                                          2      

                                                                 
the probate division whenever the probate judge considers these    49           

services and expenditures necessary for the efficient performance  50           

of the division's duties.  The probate judge shall employ and      51           

supervise all clerks, deputies, magistrates, and other employees   52           

of the probate division.  The probate judge shall supervise all    54           

probate court investigators AND ASSESSORS in the performance of    55           

their duties as investigators AND ASSESSORS and shall employ,      56           

appoint, or designate all probate court investigators AND          57           

ASSESSORS in the manner described in division DIVISIONS (A)(2)     59           

AND (3) of section 2101.11 of the Revised Code.                    61           

      As used in the Revised Code, "probate court" means the       63           

probate division of the court of common pleas, and "probate        64           

judge" means the judge of the court of common pleas who is judge   65           

of the probate division.  All pleadings, forms, journals, and      66           

other records filed or used in the probate division shall be       67           

entitled "In the Court of Common Pleas, Probate Division," but     68           

are not defective if entitled "In the Probate Court."              69           

      Sec. 2101.11.  (A)(1)  The probate judge shall have the      78           

care and custody of the files, papers, books, and records          79           

belonging to the probate court.  He THE PROBATE JUDGE is           80           

authorized to perform the duties of clerk of his own THE JUDGE'S   82           

court.  He THE PROBATE JUDGE may appoint deputy clerks,            83           

stenographers, a bailiff, and any other necessary employees, each  84           

of whom shall take an oath of office before entering upon the      85           

duties of his THE EMPLOYEE'S appointment and, when so qualified,   86           

may perform the duties appertaining to the office of clerk of the  88           

court.                                                                          

      (2)(a)  The probate judge shall provide for one or more      90           

probate court investigators to perform the duties that are         91           

established for a probate court investigator by the Revised Code   92           

or the probate judge.  The probate judge may provide for an        93           

investigator in any of the following manners, as the court         94           

determines is appropriate:                                         95           

      (i)  By appointing a person as a full-time or part-time      97           

                                                          3      

                                                                 
employee of the probate court to serve as investigator, or by      98           

designating a current full-time or part-time employee of the       99           

probate court to serve as investigator;                            100          

      (ii)  By contracting with a person to serve and be           102          

compensated as investigator only when needed by the probate        103          

court, as determined by the court, and by designating that person  104          

as a probate court investigator during the times when the person   105          

is performing the duties of an investigator for the court;         106          

      (iii)  By entering into an agreement with another            108          

department or agency of the county, including, but not limited     109          

to, the sheriff's department or the county department of human     110          

services, pursuant to which an employee of the other department    111          

or agency will serve and perform the duties of investigator for    112          

the court, upon request of the probate judge, and designating      113          

that employee as a probate court investigator during the times     114          

when the person is performing the duties of an investigator for    115          

the court.                                                         116          

      (b)  Each person appointed or otherwise designated as a      118          

probate court investigator shall take an oath of office before     119          

entering upon the duties of his THE PERSON'S appointment.  When    120          

so qualified, an investigator may perform the duties that are      122          

established for a probate court investigator by the Revised Code   123          

or the probate judge.                                              124          

      (c)  Except as otherwise provided in this division, a        126          

probate court investigator shall hold at least a bachelor's        127          

degree in social work, psychology, education, special education,   128          

or a related human services field.  A probate judge may waive the  129          

education requirement of this division for a person the judge      130          

appoints or otherwise designates as a probate court investigator   131          

if the judge determines that the person has experience in human    132          

services work that is equivalent to the required education.        133          

      (d)  Within one year after his appointment or designation,   135          

a probate court investigator shall attend an orientation course    136          

of at least six hours, and each calendar year after the calendar   137          

                                                          4      

                                                                 
year of his appointment or designation, a probate court            138          

investigator shall satisfactorily complete at least six hours of   139          

continuing education.                                              140          

      (e)  For purposes of divisions (A)(3)(4), (B), and (C) of    142          

this section, a person designated as a probate court investigator  143          

under division (A)(2)(a)(ii) or (iii) of this section shall be     144          

considered an appointee of the probate court at any time that the  145          

person is performing the duties established under the Revised      146          

Code or by the probate judge for a probate court investigator.     147          

      (3)(a)  THE PROBATE JUDGE MAY PROVIDE FOR ONE OR MORE        149          

PERSONS TO PERFORM THE DUTIES OF AN ASSESSOR UNDER SECTIONS        150          

3107.031, 3107.082, 3107.09, AND 3107.12 OF THE REVISED CODE OR    153          

MAY ENTER INTO AGREEMENTS WITH PUBLIC CHILDREN SERVICES AGENCIES,  154          

PRIVATE CHILD PLACING AGENCIES, OR PRIVATE NONCUSTODIAL AGENCIES   155          

UNDER WHICH THE AGENCY PROVIDES FOR ONE OR MORE PERSONS TO         156          

PERFORM THE DUTIES OF AN ASSESSOR.  A PROBATE JUDGE WHO PROVIDES   157          

FOR AN ASSESSOR SHALL DO SO IN EITHER OF THE FOLLOWING MANNERS,    159          

AS THE JUDGE CONSIDERS APPROPRIATE:                                             

      (i)  BY APPOINTING A PERSON AS A FULL-TIME OR PART-TIME      162          

EMPLOYEE OF THE PROBATE COURT TO SERVE AS ASSESSOR, OR BY          163          

DESIGNATING A CURRENT FULL-TIME OR PART-TIME EMPLOYEE OF THE                    

PROBATE COURT TO SERVE AS ASSESSOR;                                164          

      (ii)  BY CONTRACTING WITH A PERSON TO SERVE AND BE           166          

COMPENSATED AS ASSESSOR ONLY WHEN NEEDED BY THE PROBATE COURT, AS  168          

DETERMINED BY THE COURT, AND BY DESIGNATING THAT PERSON AS AN                   

ASSESSOR DURING THE TIMES WHEN THE PERSON IS PERFORMING THE        169          

DUTIES OF AN ASSESSOR FOR THE COURT.                               170          

      (b)  EACH PERSON APPOINTED OR DESIGNATED AS A PROBATE COURT  173          

ASSESSOR SHALL TAKE AN OATH OF OFFICE BEFORE ENTERING ON THE       174          

DUTIES OF THE PERSON'S APPOINTMENT.                                             

      (c)  A PROBATE COURT ASSESSOR MUST MEET THE QUALIFICATIONS   177          

FOR AN ASSESSOR ESTABLISHED BY SECTION 3107.012 OF THE REVISED     179          

CODE.                                                                           

      (d)  A PROBATE COURT ASSESSOR SHALL PERFORM ADDITIONAL       182          

                                                          5      

                                                                 
DUTIES, INCLUDING DUTIES OF AN INVESTIGATOR UNDER DIVISION (A)(2)  183          

OF THIS SECTION, WHEN THE PROBATE JUDGE ASSIGNS ADDITIONAL DUTIES  184          

TO THE ASSESSOR.                                                   185          

      (e)  FOR PURPOSES OF DIVISIONS (A)(4), (B), AND (C) OF THIS  190          

SECTION, A PERSON DESIGNATED AS A PROBATE COURT ASSESSOR SHALL BE  191          

CONSIDERED AN APPOINTEE OF THE PROBATE COURT AT ANY TIME THAT THE  192          

PERSON IS PERFORMING ASSESSOR DUTIES.                              193          

      (4)  Each appointee of the probate judge may administer      195          

oaths in all cases when necessary, in the discharge of his         196          

OFFICIAL duties.                                                   197          

      (B)(1)(a)  Subject to the appropriation made by the board    199          

of county commissioners pursuant to this division, each appointee  200          

of a probate judge under division (A) of this section shall        201          

receive such compensation and expenses as the judge determines     202          

and shall serve during the pleasure of the judge.  The             203          

compensation of each appointee shall be paid in semimonthly        204          

installments by the county treasurer from the county treasury,     205          

upon the warrants of the county auditor, certified to by the       206          

judge.                                                             207          

      (b)  Except as otherwise provided in the Revised Code, the   209          

total compensation paid to all appointees of the probate judge in  210          

any calendar year shall not exceed the total fees earned by the    211          

probate court during the preceding calendar year, unless the       212          

board of county commissioners approves otherwise.                  213          

      (2)  The probate judge annually shall submit a written       215          

request for an appropriation to the board of county commissioners  216          

that shall set forth estimated administrative expenses of the      217          

court, including the salaries of appointees as determined by the   218          

judge and any other costs, fees, and expenses, including, but not  219          

limited to, those enumerated in section 5123.96 of the Revised     220          

Code, that the judge considers reasonably necessary for the        221          

operation of the court.  The board shall conduct a public hearing  222          

with respect to the written request submitted by the judge and     223          

shall appropriate such sum of money each year as it determines,    224          

                                                          6      

                                                                 
after conducting the public hearing and considering the written    225          

request of the judge, is reasonably necessary to meet all the      226          

administrative expenses of the court, including the salaries of    227          

appointees as determined by the judge and any other costs, fees,   228          

and expenses, including, but not limited to, the costs, fees, and  229          

expenses enumerated in section 5123.96 of the Revised Code.        230          

      If the judge considers the appropriation made by the board   232          

pursuant to this division insufficient to meet all the             233          

administrative expenses of the court, he THE JUDGE shall commence  235          

an action under Chapter 2731. of the Revised Code in the court of  236          

appeals for the judicial district for a determination of the duty  237          

of the board of county commissioners to appropriate the amount of  238          

money in dispute.  The court of appeals shall give priority to     239          

the action filed by the probate judge over all cases pending on    240          

its docket.  The burden shall be on the probate judge to prove     241          

that the appropriation requested is reasonably necessary to meet   242          

all administrative expenses of the court.  If, prior to the        243          

filing of an action under Chapter 2731. of the Revised Code or     244          

during the pendency of the action, the judge exercises his THE     245          

JUDGE'S contempt power in order to obtain the sum of money in      247          

dispute, he THE JUDGE shall not order the imprisonment of any      249          

member of the board of county commissioners notwithstanding        250          

sections 2705.02 to 2705.06 of the Revised Code.                   251          

      (C)  The probate judge may require any of his THE JUDGE'S    253          

appointees to give bond in the sum of not less than one thousand   255          

dollars, conditioned for the honest and faithful performance of    256          

his THE APPOINTEE'S duties.  The sureties on the bonds shall be    258          

approved in the manner provided in section 2101.03 of the Revised  259          

Code.                                                                           

      The judge is personally liable for the default,              261          

malfeasance, or nonfeasance of any such appointee, but, if a bond  262          

is required of the appointee, the liability of the judge is        263          

limited to the amount by which the loss resulting from the         264          

default, malfeasance, or nonfeasance exceeds the amount of the     265          

                                                          7      

                                                                 
bond.                                                              266          

      All bonds required to be given in the probate court, on      268          

being accepted and approved by the probate judge, shall be filed   269          

in his THE JUDGE'S office.                                         270          

      Sec. 2151.86.  (A)(1)  The appointing or hiring officer of   280          

any entity that employs any person responsible for a child's care  281          

in out-of-home care shall request the superintendent of the        282          

bureau of criminal identification and investigation to conduct a   283          

criminal records check with respect to any applicant who has       284          

applied to the entity for employment as a person responsible for   285          

a child's care in out-of-home care.  The administrative director   286          

of any entity that designates a person as a prospective adoptive   287          

parent or as a prospective foster parent shall request the         288          

superintendent to conduct a criminal records check with respect    289          

to that person.  If the applicant, prospective adoptive parent,    290          

or prospective foster parent does not present proof that the       291          

applicant or prospective adoptive or foster parent has been a      292          

resident of this state for the five-year period immediately prior  294          

to the date upon which the criminal records check is requested or  295          

does not provide evidence that within that five-year period the    296          

superintendent has requested information about the applicant or    297          

prospective adoptive or foster parent from the federal bureau of   298          

investigation in a criminal records check, the appointing or       299          

hiring officer or administrative director shall request that the   300          

superintendent obtain information from the federal bureau of       301          

investigation as a part of the criminal records check.  If the     302          

applicant, prospective adoptive parent, or prospective foster      303          

parent presents proof that the applicant or prospective adoptive   304          

or foster parent has been a resident of this state for that        305          

five-year period, the appointing or hiring officer or              306          

administrator may request that the superintendent include          307          

information from the federal bureau of investigation in the        308          

criminal records check.                                                         

      (2)  Any person required by division (A)(1) of this section  310          

                                                          8      

                                                                 
to request a criminal records check shall provide to each          311          

applicant, prospective adoptive parent, or prospective foster      312          

parent a copy of the form prescribed pursuant to division (C)(1)   313          

of section 109.572 of the Revised Code and a standard impression   314          

sheet to obtain fingerprint impressions prescribed pursuant to     315          

division (C)(2) of section 109.572 of the Revised Code, obtain     316          

the completed form and impression sheet from each applicant,       317          

prospective adoptive parent, or prospective foster parent, and     318          

forward the completed form and impression sheet to the             319          

superintendent of the bureau of criminal identification and        320          

investigation at the time the person requests a criminal records   321          

check pursuant to division (A)(1) of this section.                 322          

      (3)  Any applicant, prospective adoptive parent, or          324          

prospective foster parent who receives pursuant to division        325          

(A)(2) of this section a copy of the form prescribed pursuant to   326          

division (C)(1) of section 109.572 of the Revised Code and a copy  327          

of an impression sheet prescribed pursuant to division (C)(2) of   328          

that section and who is requested to complete the form and         329          

provide a set of fingerprint impressions shall complete the form   330          

or provide all the information necessary to complete the form and  331          

shall provide the impression sheet with the impressions of the     332          

applicant's or prospective adoptive or foster parent's             333          

fingerprints.  If an applicant, prospective adoptive parent, or    334          

prospective foster parent, upon request, fails to provide the      335          

information necessary to complete the form or fails to provide     336          

impressions of the applicant's or prospective adoptive or foster   337          

parent's fingerprints, the entity shall not employ that applicant  338          

for any position for which a criminal records check is required    340          

by division (A)(1) of this section and shall not consider the      341          

prospective adoptive parent or prospective foster parent as an     342          

adoptive parent or foster parent.                                               

      (B)(1)  Except as provided in rules adopted by the           344          

department of human services in accordance with division (E) of    345          

this section, no NO entity shall employ a person as a person       346          

                                                          9      

                                                                 
responsible for a child's care in out-of-home care or permit a     347          

person to become an adoptive parent or foster parent if the        348          

person previously has been convicted of or pleaded guilty to any   349          

of the following, UNLESS THE PERSON MEETS REHABILITATION           350          

STANDARDS ESTABLISHED IN RULES ADOPTED UNDER DIVISION (E) OF THIS  351          

SECTION:                                                                        

      (a)  A violation of section 2903.01, 2903.02, 2903.03,       353          

2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,     354          

2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,     356          

2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,     357          

2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,  358          

2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,     359          

2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,    360          

2925.06, or 3716.11 of the Revised Code, a violation of section    361          

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      362          

have been a violation of section 2905.04 of the Revised Code as    363          

it existed prior to July 1, 1996, had the violation been           364          

committed prior to that date,, a violation of section 2925.11 of   365          

the Revised Code that is not a minor drug possession offense, or   366          

felonious sexual penetration in violation of former section        367          

2907.12 of the Revised Code;                                                    

      (b)  A violation of an existing or former law of this        369          

state, any other state, or the United States that is               370          

substantially equivalent to any of the offenses described in       371          

division (B)(1)(a) of this section.                                             

      (2)  An out-of-home care entity may employ an applicant      373          

conditionally until the criminal records check required by this    374          

section is completed and the entity receives the results of the    375          

criminal records check.  If the results of the criminal records    376          

check indicate that, pursuant to division (B)(1) of this section,  377          

the applicant does not qualify for employment, the entity shall    378          

release the applicant from employment.                             379          

      (C)(1)  The out-of-home care entity shall pay to the bureau  381          

                                                          10     

                                                                 
of criminal identification and investigation the fee prescribed    382          

pursuant to division (C)(3) of section 109.572 of the Revised      383          

Code for each criminal records check conducted in accordance with  384          

that section upon a request pursuant to division (A)(1) of this    385          

section.                                                           386          

      (2)  An out-of-home care entity may charge an applicant,     388          

prospective adoptive parent, or prospective foster parent a fee    389          

for the costs it incurs in obtaining a criminal records check      390          

under this section.  A fee charged under this division shall not   391          

exceed the amount of fees the entity pays under division (C)(1)    392          

of this section.  If a fee is charged under this division, the     393          

entity shall notify the applicant, prospective adoptive parent,    394          

or prospective foster parent at the time of the person's initial   395          

application for employment or for becoming an adoptive parent or   396          

foster parent of the amount of the fee and that, unless the fee    397          

is paid, the entity will not consider the person for employment    399          

or as an adoptive parent or foster parent.                         400          

      (D)  The report of any criminal records check conducted by   402          

the bureau of criminal identification and investigation in         403          

accordance with section 109.572 of the Revised Code and pursuant   404          

to a request made under division (A)(1) of this section is not a   405          

public record for the purposes of section 149.43 of the Revised    406          

Code and shall not be made available to any person other than the  407          

applicant, prospective adoptive parent, or prospective foster      408          

parent who is the subject of the criminal records check or the     409          

applicant's or prospective adoptive or foster parent's             410          

representative; the entity requesting the criminal records check   411          

or its representative; the state department of human services or   412          

a county department of human services; and any court, hearing      413          

officer, or other necessary individual involved in a case dealing  414          

with the denial of employment to the applicant or the denial of    415          

consideration as an adoptive parent or foster parent.              416          

      (E)  The department of human services shall adopt rules      418          

pursuant to Chapter 119. of the Revised Code to implement this     419          

                                                          11     

                                                                 
section, including.  THE rules specifying circumstances under      421          

which an out-of-home care entity may hire SHALL INCLUDE            422          

REHABILITATION STANDARDS a person who has been convicted of OR     424          

PLEADED GUILTY TO an offense listed in division (B)(1) of this                  

section but who meets standards in regard to rehabilitation set    426          

by the department MUST MEET FOR AN ENTITY TO EMPLOY THE PERSON AS  427          

A PERSON RESPONSIBLE FOR A CHILD'S CARE IN OUT-OF-HOME CARE OR     428          

PERMIT THE PERSON TO BECOME AN ADOPTIVE PARENT OR FOSTER PARENT.   429          

      (F)  Any person required by division (A)(1) of this section  431          

to request a criminal records check shall inform each person, at   432          

the time of the person's initial application for employment with   433          

an entity as a person responsible for a child's care in            434          

out-of-home care or the person's initial application for becoming  435          

an adoptive parent or foster parent, that the person is required   436          

to provide a set of impressions of the person's fingerprints and   437          

that a criminal records check is required to be conducted and      438          

satisfactorily completed in accordance with section 109.572 of     439          

the Revised Code if the person comes under final consideration     440          

for appointment or employment as a precondition to employment for  441          

that position or if the person is to be given final consideration  442          

as an adoptive parent or foster parent.                                         

      (G)  As used in this section:                                444          

      (1)  "Applicant" means a person who is under final           446          

consideration for appointment or employment as a person            447          

responsible for a child's care in out-of-home care.                448          

      (2)  "Person responsible for a child's care in out-of-home   450          

care" has the same meaning as in section 2151.011 of the Revised   451          

Code, except that it does not include a prospective employee of    452          

the department of youth services or a person responsible for a     453          

child's care in a hospital or medical clinic other than a          454          

children's hospital.                                               455          

      (3)  "Children's hospital" means any of the following:       457          

      (a)  A hospital registered under section 3701.07 of the      459          

Revised Code that provides general pediatric medical and surgical  460          

                                                          12     

                                                                 
care, and in which at least seventy-five per cent of annual        461          

inpatient discharges for the preceding two calendar years were     462          

individuals less than eighteen years of age;                       463          

      (b)  A distinct portion of a hospital registered under       465          

section 3701.07 of the Revised Code that provides general          466          

pediatric medical and surgical care, has a total of at least one   467          

hundred fifty registered pediatric special care and pediatric      468          

acute care beds, and in which at least seventy-five per cent of    469          

annual inpatient discharges for the preceding two calendar years   470          

were individuals less than eighteen years of age;                  471          

      (c)  A distinct portion of a hospital, if the hospital is    473          

registered under section 3701.07 of the Revised Code as a          474          

children's hospital and the children's hospital meets all the      475          

requirements of division (G)(3)(a) of this section.                476          

      (4)  "Criminal records check" has the same meaning as in     478          

section 109.572 of the Revised Code.                               479          

      (5)  "Minor drug possession offense" has the same meaning    481          

as in section 2925.01 of the Revised Code.                         482          

      Sec. 3107.012.  (A)  Except as provided in division (B) of   492          

this section, only an individual who meets all of the following    493          

requirements may perform the duties of an assessor under sections  494          

3107.031, 3107.082, 3107.09, 3107.12, and 5103.152 of the Revised  495          

Code:                                                                           

      (1)  The individual must be employed IN THE EMPLOY OF,       497          

APPOINTED by, or under contract with a COURT, public children      499          

services agency, private child placing agency, or private                       

noncustodial agency;                                               500          

      (2)  The individual must be one of the following:            502          

      (a)  A professional counselor or social worker licensed      504          

under Chapter 4757. of the Revised Code;                           505          

      (b)  A psychologist licensed under Chapter 4732. of the      507          

Revised Code;                                                                   

      (c)  A student working to earn a post-secondary degree who   510          

conducts assessor's duties under the supervision of a                           

                                                          13     

                                                                 
professional counselor or social worker licensed under Chapter     512          

4757. of the Revised Code or a psychologist licensed under                      

Chapter 4732. of the Revised Code;                                 513          

      (d)  A civil service employee engaging in social work        515          

without a license under Chapter 4757. of the Revised Code, as      516          

permitted by division (E) of section 4757.16 of the Revised Code.  517          

      (3)  The individual must complete education programs in      519          

accordance with rules adopted under section 3107.013 of the        520          

Revised Code.                                                                   

      (B)  An individual employed IN THE EMPLOY OF, APPOINTED by,  523          

OR UNDER CONTRACT WITH a court prior to the effective date of      525          

this section SEPTEMBER 18, 1996, to conduct home studies ADOPTION  526          

INVESTIGATIONS of prospective adoptive parents may conduct home    527          

studies PERFORM THE DUTIES OF AN ASSESSOR under section SECTIONS   528          

3107.031, 3107.082, 3107.09, 3107.12, AND 5103.152 of the Revised  530          

Code if the individual complies with division (A)(3) of this       531          

section REGARDLESS OF WHETHER THE INDIVIDUAL MEETS THE             532          

REQUIREMENT OF DIVISION (A)(2) OF THIS SECTION.                    533          

      (C)  A COURT, PUBLIC CHILDREN SERVICES AGENCY, PRIVATE       536          

CHILD PLACING AGENCY, OR PRIVATE NONCUSTODIAL AGENCY MAY EMPLOY,   537          

APPOINT, OR CONTRACT WITH AN ASSESSOR IN THE COUNTY IN WHICH A                  

PETITION FOR ADOPTION IS FILED AND IN ANY OTHER COUNTY OR          538          

LOCATION OUTSIDE THIS STATE WHERE INFORMATION NEEDED TO COMPLETE   539          

OR SUPPLEMENT THE ASSESSOR'S DUTIES MAY BE OBTAINED.  MORE THAN    540          

ONE ASSESSOR MAY BE UTILIZED FOR AN ADOPTION.                      541          

      Sec. 3107.12.  An (A)  EXCEPT AS PROVIDED IN DIVISION (B)    551          

OF THIS SECTION, AN assessor shall conduct a prefinalization                    

assessment of a minor and petitioner before a court issues a       554          

final decree of adoption or finalizes an interlocutory order of                 

adoption for the minor.  On completion of the assessment, the      555          

assessor shall prepare a written report of the assessment and      556          

provide a copy of the report to the court before which the         557          

adoption petition is pending.                                                   

      The report of a prefinalization assessment shall include     559          

                                                          14     

                                                                 
all of the following:                                              560          

      (A)(1)  The adjustment of the minor and the petitioner to    563          

the adoptive placement;                                                         

      (B)(2)  The present and anticipated needs of the minor and   565          

the petitioner, as determined by a review of the minor's medical   566          

and social history, for adoption-related services, including       567          

assistance under Title IV-E of the "Social Security Act," 94       568          

Stat. 501 (1980), 42 U.S.C.A. 670, as amended, or section          569          

5153.163 of the Revised Code and counseling, case management       570          

services, crisis services, diagnostic services, and therapeutic    571          

counseling.                                                                     

      (C)(3)  The physical, mental, and developmental condition    574          

of the minor;                                                                   

      (D)(4)  If known, the minor's biological family background,  577          

including identifying information about the biological or other    578          

legal parents;                                                                  

      (E)(5)  The reasons for the minor's placement with the       581          

petitioner, the petitioner's attitude toward the proposed                       

adoption, and the circumstances under which the minor was placed   582          

in the home of the petitioner;                                     583          

      (F)(6)  The attitude of the minor toward the proposed        586          

adoption, if the minor's age makes this feasible;                               

      (G)(7)  If the minor is an Indian child, as defined in 25    588          

U.S.C.A. 1903(4), how the placement complies with the "Indian      589          

Child Welfare Act of 1978," 92 Stat. 3069, 25 U.S.C.A. 1901, as    590          

amended.                                                                        

      The assessor shall file the prefinalization report with the  592          

court not later than twenty days prior to the date scheduled for   593          

the final hearing on the adoption unless the court determines      594          

there is good cause for filing the report at a later date.         595          

      (B)  THIS SECTION DOES NOT APPLY IF THE PETITIONER IS THE    598          

MINOR'S STEPPARENT, UNLESS A COURT, AFTER DETERMINING A                         

PREFINALIZATION ASSESSMENT IS IN THE BEST INTEREST OF THE MINOR,   599          

ORDERS THAT AN ASSESSOR CONDUCT A PREFINALIZATION ASSESSMENT.      600          

                                                          15     

                                                                 
      (C)  The department of human services shall adopt rules in   602          

accordance with Chapter 119. of the Revised Code defining          604          

"counseling," "case management services," "crisis services,"       605          

"diagnostic services," and "therapeutic counseling" for the        606          

purpose of this section.                                                        

      Sec. 3107.14.  (A)  The petitioner and the person sought to  615          

be adopted shall appear at the hearing on the petition, unless     616          

the presence of either is excused by the court for good cause      617          

shown.                                                             618          

      (B)  The court may continue the hearing from time to time    620          

to permit further observation, investigation, or consideration of  621          

any facts or circumstances affecting the granting of the           622          

petition, and may examine the petitioners separate and apart from  623          

each other.                                                        624          

      (C)  If, at the conclusion of the hearing, the court finds   626          

that the required consents have been obtained or excused and that  627          

the adoption is in the best interest of the person sought to be    628          

adopted as supported by the evidence, it may issue, subject to     629          

DIVISION (B)(1) OF SECTION 2151.86, section 3107.064, AND          631          

division (E) of section 3107.09 of the Revised Code, and any       632          

other limitations specified in this chapter, a final decree of     633          

adoption or an interlocutory order of adoption, which by its own   635          

terms automatically becomes a final decree of adoption on a date   636          

specified in the order, which, except as provided in division (B)  637          

of section 3107.13 of the Revised Code, shall not be less than     639          

six months or more than one year from the date of issuance of the  640          

order, unless sooner vacated by the court for good cause shown.    641          

In determining whether the adoption is in the best interest of     642          

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  643          

provided by section 3107.03 of the Revised Code.                   644          

      In an interlocutory order of adoption, the court shall       646          

provide for observation, investigation, and a further report on    647          

the adoptive home during the interlocutory period.                 648          

                                                          16     

                                                                 
      (D)  If the requirements for a decree under division (C) of  650          

this section have not been satisfied or the court vacates an       651          

interlocutory order of adoption, or if the court finds that a      652          

person sought to be adopted was placed in the home of the          653          

petitioner in violation of law, the court shall dismiss the        654          

petition and may determine the agency or person to have temporary  655          

or permanent custody of the person, which may include the agency   656          

or person that had custody prior to the filing of the petition or  657          

the petitioner, if the court finds it is in the best interest of   658          

the person as supported by the evidence, or if the person is a     659          

minor, the court may certify the case to the juvenile court of     660          

the county where the minor is then residing for appropriate        661          

action and disposition.                                                         

      Sec. 3107.141.  AFTER AN ASSESSOR FILES A HOME STUDY REPORT  664          

UNDER SECTION 3107.031, A SOCIAL AND MEDICAL HISTORY UNDER         665          

SECTION 3107.09, OR A PREFINALIZATION ASSESSMENT REPORT UNDER      666          

SECTION 3107.12 OF THE REVISED CODE, OR THE DEPARTMENT OF HUMAN                 

SERVICES FILES A SOCIAL AND MEDICAL HISTORY UNDER SECTION          667          

3107.091 OF THE REVISED CODE, A COURT MAY DO EITHER OR BOTH OF     670          

THE FOLLOWING IF THE COURT DETERMINES THE REPORT OR HISTORY DOES   671          

NOT COMPLY WITH THE REQUIREMENTS GOVERNING THE REPORT OR HISTORY   672          

OR, IN THE CASE OF A HOME STUDY OR PREFINALIZATION ASSESSMENT      673          

REPORT, DOES NOT ENABLE THE COURT TO DETERMINE WHETHER AN          674          

ADOPTION IS IN THE BEST INTEREST OF THE MINOR TO BE ADOPTED:       675          

      (1)  ORDER THE ASSESSOR OR DEPARTMENT TO REDO OR SUPPLEMENT  678          

THE REPORT OR HISTORY IN A MANNER THE COURT DIRECTS;               679          

      (2)  APPOINT A DIFFERENT ASSESSOR TO REDO OR SUPPLEMENT THE  682          

REPORT OR HISTORY IN A MANNER THE COURT DIRECTS.                                

      Section 2.  That existing sections 2101.01, 2101.11,         684          

2151.86, 3107.012, 3107.12, and 3107.14 of the Revised Code are    685          

hereby repealed.                                                   686          

      Section 3.  Section 2151.86 of the Revised Code is           688          

presented in this act as a composite of the section as amended by  689          

both Am. Sub. H.B. 445 and Am. Sub. S.B. 269 of the 121st General  690          

                                                          17     

                                                                 
Assembly, with the new language of neither of the acts shown in    692          

capital letters.  This is in recognition of the principle stated   693          

in division (B) of section 1.52 of the Revised Code that such      694          

amendments are to be harmonized where not substantively            695          

irreconcilable and constitutes a legislative finding that such is  696          

the resulting version in effect prior to the effective date of     697          

this act.