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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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(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.