To amend sections 2105.18, 2111.08, 2151.23, 2151.411, 2151.56, 2301.03, 2307.50, 2307.70, 2317.02, 2705.031, 3101.01, 3105.21, 3105.63, 3105.65, 3107.15, 3109.03, 3109.04, 3109.05, 3109.051, 3109.06, 3109.09, 3109.11, 3109.12, 3109.21, 3109.27, 3109.28, 3109.34, 3111.13, 3111.23, 3113.21, 3113.215, 3113.31, 3313.64, 3313.672, 3313.98, 3319.321, 5101.31, 5101.324, 5104.011, 5139.01, and 5153.16; to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections 3109.03 (3109.41), 3109.04 (3109.49), 3109.051 (3109.59), 3109.06 (3109.52), 3109.11 (3109.60), and 3109.12 (3109.61); to enact sections 3109.40, 3109.401, 3109.42 to 3109.48, 3109.50, 3109.51, 3109.53 to 3109.58, 3109.581, and 3109.62; and to repeal sections 3109.041 and 3109.052 of the Revised Code to make changes to child custody laws by enacting this act, which may be known as the Ohio Parenting Act.

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

Sec. 2105.18. (A) The natural father, natural mother, or other custodian or guardian of a child, a child support enforcement agency, or a hospital staff person pursuant to section 3727.17 of the Revised Code, in person or by mail, may file an acknowledgment of paternity in the probate court of the county in which the natural father, natural mother, or other guardian or custodian of the child resides, in the county in which the child resides, or the county in which the child was born, acknowledging that the child is the child of the natural father who signed the acknowledgment. The acknowledgment of paternity shall state that the natural father who signs the acknowledgment of paternity acknowledges that he is the natural father of the named child and that he assumes the parental duty of support of that child. The acknowledgment of paternity shall be signed by the natural father and the natural mother in the presence of two competent and disinterested witnesses who are eighteen years of age or older and by the two witnesses. If an acknowledgment of paternity is completed and filed in accordance with this section and if the acknowledgment is accompanied by the appropriate fee prescribed in section 2101.16 of the Revised Code, the probate court shall enter the acknowledgment upon its journal. Thereafter, the child is the child of the man who signed the acknowledgment of paternity, as though born to him in lawful wedlock, and, if. THE MAN WHO SIGNED THE ACKNOWLEDGEMENT MAY BRING AN ACTION PURSUANT TO SECTION 3109.62 of the Revised Code FOR ALLOCATION OF THE PARENTING FUNCTIONS AND RESPONSIBILITIES FOR THE CARE OF THE CHILD. IF the mother is unmarried, the man who signed the acknowledgment of paternity, the parents of the man who signed the acknowledgment of paternity, any relative of the man who signed the acknowledgment of paternity, the parents of the mother, and any relative of the mother may file a complaint pursuant to section 3109.12 3109.61 of the Revised Code requesting the granting under that section of reasonable companionship or visitation rights with respect to the child.

(B) After a probate court enters an acknowledgment upon its journal pursuant to division (A) of this section, the man who signed the acknowledgment of paternity is the father of the child and assumes the parental duty of support. Notwithstanding section 3109.01 of the Revised Code, the parental duty of support of the father to the child shall continue beyond the age of majority as long as the child attends on a full-time basis any recognized and accredited high school. The duty of support of the father shall continue during seasonal vacation periods. After the probate court enters the acknowledgment upon its journal, the mother or other custodian or guardian of the child may file a complaint pursuant to section 2151.231 of the Revised Code in the court of common pleas of the county in which the child or the guardian or legal custodian of the child resides requesting the court to order the father to pay an amount for the support of the child, may contact the child support enforcement agency for assistance in obtaining the order, or may request an administrative officer of a child support enforcement agency to issue an administrative order for the payment of child support pursuant to division (D) of section 3111.20 of the Revised Code.

Sec. 2111.08. The wife and husband are the joint natural guardians of their minor children and are equally charged with their care, nurture, welfare, and education and the care and management of their estates. The wife and husband have equal powers, rights, and duties and neither parent has any right paramount to the right of the other concerning the parental rights PARENTING FUNCTIONS and responsibilities for the care of the minor or the right to be the residential parent and legal custodian of the minor, the control of the services or the earnings of such minor, or any other matter affecting the minor; provided that if either parent, to the exclusion of the other, is maintaining and supporting the child, that parent shall have the paramount right to control the services and earnings of the child. Neither parent shall forcibly take a child from the guardianship of the parent who is the residential parent and legal custodian of the child.

If the wife and husband live apart, the court may award the guardianship of a minor to either parent, and the state in which the parent who is the residential parent and legal custodian or who otherwise has the lawful custody of the minor resides has jurisdiction to determine questions concerning the minor's guardianship.

Sec. 2151.23. (A) The juvenile court has exclusive original jurisdiction under the Revised Code as follows:

(1) Concerning any child who on or about the date specified in the complaint is alleged to be a juvenile traffic offender or a delinquent, unruly, abused, neglected, or dependent child;

(2) Subject to division (V) of section 2301.03 of the Revised Code, to determine the custody of any child not a ward of another court of this state;

(3) To hear and determine any application for a writ of habeas corpus involving the custody of a child;

(4) To exercise the powers and jurisdiction given the probate division of the court of common pleas in Chapter 5122. of the Revised Code, if the court has probable cause to believe that a child otherwise within the jurisdiction of the court is a mentally ill person subject to hospitalization by court order, as defined in section 5122.01 of the Revised Code;

(5) To hear and determine all criminal cases charging adults with the violation of any section of this chapter;

(6) To hear and determine all criminal cases in which an adult is charged with a violation of division (C) of section 2919.21, division (B)(1) of section 2919.22, division (B) of section 2919.23, or section 2919.24 of the Revised Code, provided the charge is not included in an indictment that also charges the alleged adult offender with the commission of a felony arising out of the same actions that are the basis of the alleged violation of division (C) of section 2919.21, division (B)(1) of section 2919.22, division (B) of section 2919.23, or section 2919.24 of the Revised Code;

(7) Under the interstate compact on juveniles in section 2151.56 of the Revised Code;

(8) Concerning any child who is to be taken into custody pursuant to section 2151.31 of the Revised Code, upon being notified of the intent to take the child into custody and the reasons for taking the child into custody;

(9) To hear and determine requests for the extension of temporary custody agreements, and requests for court approval of permanent custody agreements, that are filed pursuant to section 5103.15 of the Revised Code;

(10) To hear and determine applications for consent to marry pursuant to section 3101.04 of the Revised Code;

(11) Subject to division (V) of section 2301.03 of the Revised Code, to hear and determine a request for an order for the support of any child if the request is not ancillary to an action for divorce, dissolution of marriage, annulment, or legal separation, a criminal or civil action involving an allegation of domestic violence, or an action for support brought under Chapter 3115. of the Revised Code;

(12) Concerning an action commenced under section 121.38 of the Revised Code;

(13) CONCERNING AN ACTION COMMENCED UNDER SECTION 3109.62 of the Revised Code.

(B) The juvenile court has original jurisdiction under the Revised Code:

(1) To hear and determine all cases of misdemeanors charging adults with any act or omission with respect to any child, which act or omission is a violation of any state law or any municipal ordinance;

(2) To determine the paternity of any child alleged to have been born out of wedlock pursuant to sections 3111.01 to 3111.19 of the Revised Code;

(3) Under the uniform reciprocal enforcement of support act in Chapter 3115. of the Revised Code;

(4) To hear and determine an application for an order for the support of any child, if the child is not a ward of another court of this state.

(C) The juvenile court, except as to juvenile courts that are a separate division of the court of common pleas or a separate and independent juvenile court, has jurisdiction to hear, determine, and make a record of any action for divorce or legal separation that involves the custody or care of children and that is filed in the court of common pleas and certified by the court of common pleas with all the papers filed in the action to the juvenile court for trial, provided that no certification of that nature shall be made to any juvenile court unless the consent of the juvenile judge first is obtained. After a certification of that nature is made and consent is obtained, the juvenile court shall proceed as if the action originally had been begun in that court, except as to awards for spousal support or support due and unpaid at the time of certification, over which the juvenile court has no jurisdiction.

(D) The juvenile court has jurisdiction to hear and determine all matters as to custody and support of children duly certified by the court of common pleas to the juvenile court after a divorce decree has been granted, including jurisdiction to modify the judgment and decree of the court of common pleas as the same relate to the custody and support of children.

(E) The juvenile court has jurisdiction to hear and determine the case of any child certified to the court by any court of competent jurisdiction if the child comes within the jurisdiction of the juvenile court as defined by this section.

(F)(1) The juvenile court shall exercise its jurisdiction in child custody matters in accordance with sections 3109.04, 3109.21 to 3109.36, 3109.40 TO 3109.62, and 5103.20 to 5103.28 of the Revised Code.

(2) The juvenile court shall exercise its jurisdiction in child support matters in accordance with section 3109.05 of the Revised Code.

(G)(1) Each order for child support made or modified by a juvenile court on or after December 31, 1993, shall include as part of the order a general provision, as described in division (A)(1) of section 3113.21 of the Revised Code, requiring the withholding or deduction of wages or assets of the obligor under the order as described in division (D) of section 3113.21 of the Revised Code, or another type of appropriate requirement as described in division (D)(6), (D)(7), or (H) of that section, to ensure that withholding or deduction from the wages or assets of the obligor is available from the commencement of the support order for collection of the support and of any arrearages that occur; a statement requiring all parties to the order to notify the child support enforcement agency in writing of their current mailing address, their current residence address, and any changes in either address; and a notice that the requirement to notify the child support enforcement agency of all changes in either address continues until further notice from the court. Any juvenile court that makes or modifies an order for child support on or after April 12, 1990, shall comply with sections 3113.21 to 3113.219 of the Revised Code. If any person required to pay child support under an order made by a juvenile court on or after April 15, 1985, or modified on or after December 1, 1986, is found in contempt of court for failure to make support payments under the order, the court that makes the finding, in addition to any other penalty or remedy imposed, shall assess all court costs arising out of the contempt proceeding against the person and require the person to pay any reasonable attorney's fees of any adverse party, as determined by the court, that arose in relation to the act of contempt.

(2) Notwithstanding section 3109.01 of the Revised Code, if a juvenile court issues a child support order under this chapter, the order shall remain in effect beyond the child's eighteenth birthday as long as the child continuously attends on a full-time basis any recognized and accredited high school. Any parent ordered to pay support under a child support order issued under this chapter shall continue to pay support under the order, including during seasonal vacation periods, until the order terminates.

(H) If a child who is charged with an act that would be an offense if committed by an adult was fourteen years of age or older and under eighteen years of age at the time of the alleged act and if the case is transferred for criminal prosecution pursuant to section 2151.26 of the Revised Code, the juvenile court does not have jurisdiction to hear or determine the case subsequent to the transfer. The court to which the case is transferred for criminal prosecution pursuant to that section has jurisdiction subsequent to the transfer to hear and determine the case in the same manner as if the case originally had been commenced in that court, including, but not limited to, jurisdiction to accept a plea of guilty or another plea authorized by Criminal Rule 11 or another section of the Revised Code and jurisdiction to accept a verdict and to enter a judgment of conviction pursuant to the Rules of Criminal Procedure against the child for the commission of the offense that was the basis of the transfer of the case for criminal prosecution, whether the conviction is for the same degree or a lesser degree of the offense charged, for the commission of a lesser-included offense, or for the commission of another offense that is different from the offense charged.

(I) If a person under eighteen years of age allegedly commits an act that would be a felony if committed by an adult and if the person is not taken into custody or apprehended for that act until after the person attains twenty-one years of age, the juvenile court does not have jurisdiction to hear or determine any portion of the case charging the person with committing that act. In those circumstances, divisions (B) and (C) of section 2151.26 of the Revised Code do not apply regarding the act, the case charging the person with committing the act shall be a criminal prosecution commenced and heard in the appropriate court having jurisdiction of the offense as if the person had been eighteen years of age or older when the person committed the act, all proceedings pertaining to the act shall be within the jurisdiction of the court having jurisdiction of the offense, and the court having jurisdiction of the offense has all the authority and duties in the case as it has in other criminal cases commenced in that court.

Sec. 2151.411. (A) A parent of a child whose marriage to the other parent of the child has not been terminated by divorce, dissolution of marriage, or annulment, a parent who has parental rights and responsibilities for the care of a child and is the residential parent and legal custodian of the child, a guardian who has custody of a child, or any other custodian of a child is charged with the control of the child and shall have the power to exercise parental control and authority over the child.

(B) If a child is adjudicated a delinquent child and placed on probation, if a parent of the child whose marriage to the other parent of the child has not been terminated by divorce, dissolution of marriage, or annulment or the parent who has parental rights and responsibilities for the care of the child and is the residential parent and legal custodian of the child was notified prior to the adjudication hearing of the provisions of this division and of the possibility that the provisions may be applied to the parent, and if the court finds at the hearing that the parent has failed or neglected to subject the child to reasonable parental control and authority and that that parent's failure or neglect is the proximate cause of the act or acts of the child upon which the delinquent child adjudication is based, the court may require that parent to enter into a recognizance with sufficient surety, in an amount of not more than five hundred dollars, conditioned upon the faithful discharge of the conditions of probation of the child. If the child then commits a second act and is adjudicated a delinquent child for the commission of the second act or violates the conditions of probation and if the court finds at the hearing that the failure or neglect of a parent of the child whose marriage to the other parent of the child has not been terminated by divorce, dissolution of marriage, or annulment or the parent who has parental rights and responsibilities for the care of the child and is the residential parent and legal custodian of the child to subject the child to reasonable parental control and authority or faithfully to discharge the conditions of probation of the child on the part of that parent is the proximate cause of the act or acts of the child upon which the second delinquent child adjudication is based or upon which the child is found to have violated the conditions of the child's probation, the court may declare all or a part of the recognizance forfeited. The proceeds of the forfeited recognizance shall be used to pay any damages caused by the child, and the proceeds of the forfeited recognizance remaining after the payment of any damages shall be paid into the county treasury.

(C)(1) If a child is adjudicated a delinquent child, the court may issue an order requiring either parent or both parents of the child whose marriage to the other parent of the child has not been terminated by divorce, dissolution of marriage, or annulment, the parent who has parental rights and responsibilities for the care of the child and is the residential parent and legal custodian of the child, or the guardian or other custodian of the child to exercise appropriate and necessary control and authority over the child to ensure that the child complies with the terms and conditions of probation imposed upon the child, treatment or testing that the child is required to take part in, and the terms of any other order of disposition that the court imposed upon the child pursuant to section 2151.355 of the Revised Code. The court shall give a copy of the order to the child and to the parent, guardian, or custodian who is the subject of the order and shall notify that parent, guardian, or custodian that a willful failure to comply with the order is contempt of court. If the court determines that any parent, guardian, or custodian willfully has failed to comply with an order issued pursuant to division (C)(1) of this section, it may punish the parent, guardian, or custodian for contempt of court or take other action that it determines is necessary to ensure that the child will comply with the terms and conditions of the order of disposition made pursuant to section 2151.355 of the Revised Code.

(2)(a) If a child is adjudicated a delinquent child and is granted probation under division (A)(2) of section 2151.355 of the Revised Code, the court that places the child on probation shall provide the written notice described in division (C)(2)(b) of this section to the following individuals:

(i) To each parent of the child whose marriage to the other parent of the child has not been terminated by divorce, dissolution of marriage, or annulment;

(ii) To the parent of the child who has parental rights and responsibilities for the care of the child and who is the residential parent and legal custodian of the child and, if the court knows or is able to determine through the exercise of reasonable diligence the identity and residence address of the parent of the child who does not have parental rights and responsibilities for the care of the child and who is not the residential parent and legal custodian of the child, to that parent;

(iii) To the guardian who has custody of the child;

(iv) To the other custodian of the child.

(b) The court that places the child on probation shall provide the appropriate individuals described in division (C)(2)(a) of this section with a written notice that informs them that authorized probation officers who are engaged within the scope of their supervisory duties or responsibilities may conduct searches as described in division (L) of section 2151.355 of the Revised Code during the period of probation if they have reasonable grounds to believe that the child is not abiding by the law or otherwise is not complying with the conditions of the child's probation. The notice shall specifically state that a permissible search might extend to a motor vehicle, another item of tangible or intangible personal property, or a place of residence or other real property in which a notified parent, guardian, or custodian has a right, title, or interest and that the parent, guardian, or custodian expressly or impliedly permits the child to use, occupy, or possess.

(D) The provisions of this section dealing with the failure or neglect of parents to subject a child to reasonable parental control and authority are in addition to and not in substitution for any other provision of this chapter dealing with the failure or neglect of a person to exercise parental control or authority over a child. The provisions of division (B) of this section do not apply to foster parents.

Sec. 2151.56. The governor is hereby authorized to execute a compact on behalf of this state with any other state or states legally joining therein in the form substantially as follows:

The contracting states solemnly agree:

That juveniles who are not under proper supervision and control, or who have absconded, escaped or run away, are likely to endanger their own health, morals and welfare, and the health, morals and welfare of others. The cooperation of the states party to this compact is therefore necessary to provide for the welfare and protection of juveniles and of the public with respect to (1) cooperative supervision of delinquent juveniles on probation or parole; (2) the return, from one state to another, of delinquent juveniles who have escaped or absconded; (3) the return, from one state to another, of nondelinquent juveniles who have run away from home; and (4) additional measures for the protection of juveniles and of the public, which any two or more of the party states may find desirable to undertake cooperatively. In carrying out the provisions of this compact the party states shall be guided by the noncriminal, reformative and protective policies which guide their laws concerning delinquent, neglected or dependent juveniles generally. It shall be the policy of the states party to this compact to cooperate and observe their respective responsibilities for the prompt return and acceptance of juveniles and delinquent juveniles who become subject to the provisions of this compact. The provisions of this compact shall be reasonably and liberally construed to accomplish the foregoing purposes.

That all remedies and procedures provided by this compact shall be in addition to and not in substitution for other rights, remedies and procedures, and shall not be in derogation of parental rights PARENTING FUNCTIONS and responsibilities.

That, for the purposes of this compact, "delinquent juvenile" means any juvenile who has been adjudged delinquent and who, at the time the provisions of this compact are invoked, is still subject to the jurisdiction of the court that has made such adjudication or to the jurisdiction or supervision of an agency or institution pursuant to an order of such court; "probation or parole" means any kind of conditional release of juveniles authorized under the laws of the states party hereto; "court" means any court having jurisdiction over delinquent, neglected or dependent children; "state" means any state, territory or possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico; and "residence" or any variant thereof means a place at which a home or regular place of abode is maintained.

(a) That the parent, guardian, person or agency entitled to legal custody of a juvenile who has not been adjudged delinquent but who has run away without the consent of such parent, guardian, person or agency may petition the appropriate court in the demanding state for the issuance of a requisition for his return. The petition shall state the name and age of the juvenile, the name of the petitioner and the basis of entitlement to the juvenile's custody, the circumstances of his running away, his location if known at the time application is made, and such other facts as may tend to show that the juvenile who has run away is endangering his own welfare or the welfare of others and is not an emancipated minor. The petition shall be verified by affidavit, shall be executed in duplicate, and shall be accompanied by two certified copies of the document or documents on which the petitioner's entitlement to the juvenile's custody is based, such as birth records, letters of guardianship, or custody decrees. Such further affidavits and other documents as may be deemed proper may be submitted with such petition. The judge of the court to which this application is made may hold a hearing thereon to determine whether for the purposes of this compact the petitioner is entitled to the legal custody of the juvenile, whether or not it appears that the juvenile has in fact run away without consent, whether or not he is an emancipated minor, and whether or not it is in the best interest of the juvenile to compel his return to the state. If the judge determines, either with or without a hearing, that the juvenile should be returned, he shall present to the appropriate court or to the executive authority of the state where the juvenile is alleged to be located a written requisition for the return of such juvenile. Such requisition shall set forth the name and age of the juvenile, the determination of the court that the juvenile has run away without the consent of a parent, guardian, person or agency entitled to his legal custody, and that it is in the best interest and for the protection of such juvenile that he be returned. In the event that a proceeding for the adjudication of the juvenile as a delinquent, neglected or dependent juvenile is pending in the court at the time when such juvenile runs away, the court may issue a requisition for the return of such juvenile upon its own motion, regardless of the consent of the parent, guardian, person or agency entitled to legal custody, reciting therein the nature and circumstances of the pending proceeding. The requisition shall in every case be executed in duplicate and shall be signed by the judge. One copy of the requisition shall be filed with the compact administrator of the demanding state, there to remain on file subject to the provisions of law governing records of such court. Upon the receipt of a requisition demanding the return of a juvenile who has run away, the court or the executive authority to whom the requisition is addressed shall issue an order to any peace officer or other appropriate person directing him to take into custody and detain such juvenile. Such detention order must substantially recite the facts necessary to the validity of its issuance hereunder. No juvenile detained upon such order shall be delivered over to the officer whom the court demanding him shall have appointed to receive him, unless he shall first be taken forthwith before a judge of a court in the state, who shall inform him of the demand made for his return, and who may appoint counsel or guardian ad litem for him. If the judge of such court shall find that the requisition is in order, he shall deliver such juvenile over to the officer whom the court demanding him shall have appointed to receive him. The judge, however, may fix a reasonable time to be allowed for the purpose of testing the legality of the proceeding.

Upon reasonable information that a person is a juvenile who has run away from another state party to this compact without the consent of a parent, guardian, person or agency entitled to his legal custody, such juvenile may be taken into custody without a requisition and brought forthwith before a judge of the appropriate court who may appoint counsel or guardian ad litem for such juvenile and who shall determine after a hearing whether sufficient cause exists to hold the person, subject to the order of the court, for his own protection and welfare, for such a time not exceeding ninety days as will enable his return to another state party to this compact pursuant to a requisition for his return from a court of that state. If, at the time when a state seeks the return of a juvenile who has run away, there is pending in the state wherein he is found any criminal charge, or any proceeding to have him adjudicated a delinquent juvenile for an act committed in such state, or if he is suspected of having committed within such state a criminal offense or an act of juvenile delinquency, he shall not be returned without the consent of such state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency. The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the juvenile being returned, shall be permitted to transport such juvenile through any and all states party to this compact, without interference. Upon his return to the state from which he ran away, the juvenile shall be subject to such further proceedings as may be appropriate under the laws of that state.

(b) That the state to which a juvenile is returned under this Article shall be responsible for payment of the transportation costs of such return.

(c) That "juvenile" as used in this Article means any person who is a minor under the law of the state of residence of the parent, guardian, person or agency entitled to the legal custody of such minor.

(a) That the appropriate person or authority from whose probation or parole supervision a delinquent juvenile has absconded or from whose institutional custody he has escaped shall present to the appropriate court or to the executive authority of the state where the delinquent juvenile is alleged to be located a written requisition for the return of such delinquent juvenile. Such requisition shall state the name and age of the delinquent juvenile, the particulars of his adjudication as a delinquent juvenile, the circumstances of the breach of the terms of his probation or parole or of his escape from an institution or agency vested with his legal custody or supervision, and the location of such delinquent juvenile, if known, at the time the requisition is made. The requisition shall be verified by affidavit, shall be executed in duplicate, and shall be accompanied by two certified copies of the judgment, formal adjudication, or order of commitment which subjects such delinquent juvenile to probation or parole or to the legal custody of the institution or agency concerned. Such further affidavits and other documents as may be deemed proper may be submitted with such requisition. One copy of the requisition shall be filed with the compact administrator of the demanding state, there to remain on file subject to the provisions of law governing records of the appropriate court. Upon the receipt of a requisition demanding the return of a delinquent juvenile who has absconded or escaped, the court or the executive authority to whom the requisition is addressed shall issue an order to any peace officer or other appropriate person directing him to take into custody and detain such delinquent juvenile. Such detention order must substantially recite the facts necessary to the validity of its issuance hereunder. No delinquent juvenile detained upon such order shall be delivered over to the officer whom the appropriate person or authority demanding him shall have appointed to receive him, unless he shall first be taken forthwith before a judge of an appropriate court in the state, who shall inform him of the demand made for his return and who may appoint counsel or guardian ad litem for him. If the judge of such court shall find that the requisition is in order, he shall deliver such delinquent juvenile over to the officer whom the appropriate person or authority demanding him shall have appointed to receive him. The judge, however, may fix a reasonable time to be allowed for the purpose of testing the legality of the proceeding.

Upon reasonable information that a person is a delinquent juvenile who has absconded while on probation or parole, or escaped from an institution or agency vested with his legal custody or supervision in any state party to this compact, such person may be taken into custody in any other state party to this compact without a requisition. But in such event, he must be taken forthwith before a judge of the appropriate court, who may appoint counsel or guardian ad litem for such person and who shall determine, after a hearing, whether sufficient cause exists to hold the person subject to the order of the court for such a time, not exceeding ninety days, as will enable his detention under a detention order issued on a requisition pursuant to this Article. If, at the time when a state seeks the return of a delinquent juvenile who has either absconded while on probation or parole or escaped from an institution or agency vested with his legal custody or supervision, there is pending in the state wherein he is detained any criminal charge or any proceeding to have him adjudicated a delinquent juvenile for an act committed in such state, or if he is suspected of having committed within such state a criminal offense or an act of juvenile delinquency, he shall not be returned without the consent of such state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency. The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the delinquent juvenile being returned, shall be permitted to transport such delinquent juvenile through any and all states party to this compact, without interference. Upon his return to the state from which he escaped or absconded, the delinquent juvenile shall be subject to such further proceedings as may be appropriate under the laws of that state.

(b) That the state to which a delinquent juvenile is returned under this Article shall be responsible for the payment of the transportation costs of such return.

That any delinquent juvenile who has absconded while on probation or parole, or escaped from an institution or agency vested with his legal custody or supervision in any state party to this compact, and any juvenile who has run away from any state party to this compact, who is taken into custody without a requisition in another state party to this compact under the provisions of Article IV (a) or of Article V (a), may consent to his immediate return to the state from which he absconded, escaped or ran away. Such consent shall be given by the juvenile or delinquent juvenile and his counsel or guardian ad litem if any, by executing or subscribing a writing, in the presence of a judge of the appropriate court, which states that the juvenile or delinquent juvenile and his counsel or guardian ad litem, if any, consent to his return to the demanding state. Before such consent shall be executed or subscribed, however, the judge, in the presence of counsel or guardian ad litem, if any, shall inform the juvenile or delinquent juvenile of his rights under this compact. When the consent has been duly executed, it shall be forwarded to and filed with the compact administrator of the state in which the court is located and the judge shall direct the officer having the juvenile or delinquent juvenile in custody to deliver him to the duly accredited officer or officers of the state demanding his return, and shall cause to be delivered to such officer or officers a copy of the consent. The court may, however, upon the request of the state to which the juvenile or delinquent juvenile is being returned, order him to return unaccompanied to such state and shall provide him with a copy of such court order; in such event a copy of the consent shall be forwarded to the compact administrator of the state to which said juvenile or delinquent juvenile is ordered to return.

(a) That the duly constituted judicial and administrative authorities of a state party to this compact (herein called "sending state") may permit any delinquent juvenile within such state, placed on probation or parole, to reside in any other state party to this compact (herein called "receiving state") while on probation or parole, and the receiving state shall accept such delinquent juvenile, if the parent, guardian or person entitled to the legal custody of such delinquent juvenile is residing or undertakes to reside within the receiving state. Before granting such permission, opportunity shall be given to the receiving state to make such investigations as it deems necessary. The authorities of the sending state shall send to the authorities of the receiving state copies of pertinent court orders, social case studies and all other available information which may be of value to and assist the receiving state in supervising a probationer or parolee under this compact. A receiving state, in its discretion, may agree to accept supervision of a probationer or parolee in cases where the parent, guardian or person entitled to the legal custody of the delinquent juvenile is not a resident of the receiving state, and if so accepted the sending state may transfer supervision accordingly.

(b) That each receiving state will assume the duties of visitation and of supervision over any such delinquent juvenile and in the exercise of those duties will be governed by the same standards of visitation and supervision that prevail for its own delinquent juveniles released on probation or parole.

(c) That, after consultation between the appropriate authorities of the sending state and of the receiving state as to the desirability and necessity of returning such a delinquent juvenile, the duly accredited officers of a sending state may enter a receiving state and there apprehend and retake any such delinquent juvenile on probation or parole. For that purpose, no formalities will be required, other than establishing the authority of the officer and the identity of the delinquent juvenile to be retaken and returned. The decision of the sending state to retake a delinquent juvenile on probation or parole shall be conclusive upon and not reviewable within the receiving state, but if, at the time the sending state seeks to retake a delinquent juvenile on probation or parole, there is pending against him within the receiving state any criminal charge or any proceeding to have him adjudicated a delinquent juvenile for any act committed in such state, or if he is suspected of having committed within such state a criminal offense or an act of juvenile delinquency, he shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency. The duly accredited officers of the sending state shall be permitted to transport delinquent juveniles being so returned through any and all states party to this compact, without interference.

(d) That the sending state shall be responsible under this Article for paying the costs of transporting any delinquent juvenile to the receiving state or of returning any delinquent juvenile to the sending state.

(a) That the provisions of Articles IV(b), V(b) and VII(d) of this compact shall not be construed to alter or affect any internal relationship among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.

(b) That nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to Articles IV(b), V(b) or VII(d) of this compact.

That, to every extent possible, it shall be the policy of states party to this compact that no juvenile or delinquent juvenile shall be placed or detained in any prison, jail or lockup nor be detained or transported in association with criminal, vicious or dissolute persons.

That the duly constituted administrative authorities of a state party to this compact may enter into supplementary agreements with any other state or states party hereto for the cooperative care, treatment and rehabilitation of delinquent juveniles whenever they shall find that such agreements will improve the facilities or programs available for such care, treatment and rehabilitation. Such care, treatment and rehabilitation may be provided in an institution located within any state entering into such supplementary agreement. Such supplementary agreements shall (1) provide the rates to be paid for the care, treatment and custody of such delinquent juveniles, taking into consideration the character of facilities, services and subsistence furnished; (2) provide that the delinquent juvenile shall be given a court hearing prior to his being sent to another state for care, treatment and custody; (3) provide that the state receiving such a delinquent juvenile in one of its institutions shall act solely as agent for the state sending such delinquent juvenile; (4) provide that the sending state shall at all times retain jurisdiction over delinquent juveniles sent to an institution in another state; (5) provide for reasonable inspection of such institutions by the sending state; (6) provide that the consent of the parent, guardian, person or agency entitled to the legal custody of said delinquent juvenile shall be secured prior to his being sent to another state; and (7) make provision for such other matters and details as shall be necessary to protect the rights and equities of such delinquent juveniles and of the cooperating states.

That any state party to this compact may accept any and all donations, gifts and grants of money, equipment and services from the federal or any local government, or any agency thereof and from any person, firm or corporation, for any of the purposes and functions of this compact, and may receive and utilize the same subject to the terms, conditions and regulations governing such donations, gifts and grants.

That the governor of each state party to this compact shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this compact.

That this compact shall become operative immediately upon its execution by any state as between it and any other state or states so executing. When executed it shall have the full force and effect of law within such state, the form of execution to be in accordance with the laws of the executing state.

That this compact shall continue in force and remain binding upon each executing state until renounced by it. Renunciation of this compact shall be by the same authority which executed it, by sending six months' notice in writing of its intention to withdraw from the compact to the other states party hereto. The duties and obligations of a renouncing state under Article VII hereof shall continue as to parolees and probationers residing therein at the time of withdrawal until retaken or finally discharged. Supplementary agreements entered into under Article X hereof shall be subject to renunciation as provided by such supplementary agreements, and shall not be subject to the six months' renunciation notice of the present Article.

That the provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

Sec. 2301.03. (A) In Franklin county, the judges of the court of common pleas whose terms begin on January 1, 1953, January 2, 1953, January 5, 1969, January 5, 1977, and January 2, 1997, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Franklin county and shall be elected and designated as judges of the court of common pleas, division of domestic relations. They shall have all the powers relating to juvenile courts, and all cases under Chapter 2151. of the Revised Code, all parentage proceedings under Chapter 3111. of the Revised Code over which the juvenile court has jurisdiction, and all divorce, dissolution of marriage, legal separation, and annulment cases shall be assigned to them. In addition to the judge's regular duties, the judge who is senior in point of service shall serve on the children services board and the county advisory board and shall be the administrator of the domestic relations division and its subdivisions and departments.

(B)(1) In Hamilton county, the judge of the court of common pleas, whose term begins on January 1, 1957, and successors, and the judge of the court of common pleas, whose term begins on February 14, 1967, and successors, shall be the juvenile judges as provided in Chapter 2151. of the Revised Code, with the powers and jurisdiction conferred by that chapter.

(2) The judges of the court of common pleas whose terms begin on January 5, 1957, January 16, 1981, and July 1, 1991, and successors, shall be elected and designated as judges of the court of common pleas, division of domestic relations, and shall have assigned to them all divorce, dissolution of marriage, legal separation, and annulment cases coming before the court. On or after the first day of July and before the first day of August of 1991 and each year thereafter, a majority of the judges of the division of domestic relations shall elect one of the judges of the division as administrative judge of that division. If a majority of the judges of the division of domestic relations are unable for any reason to elect an administrative judge for the division before the first day of August, a majority of the judges of the Hamilton county court of common pleas, as soon as possible after that date, shall elect one of the judges of the division of domestic relations as administrative judge of that division. The term of the administrative judge shall begin on the earlier of the first day of August of the year in which the administrative judge is elected or the date on which the administrative judge is elected by a majority of the judges of the Hamilton county court of common pleas and shall terminate on the date on which the administrative judge's successor is elected in the following year.

In addition to the judge's regular duties, the administrative judge of the division of domestic relations shall be the administrator of the domestic relations division and its subdivisions and departments and shall have charge of the employment, assignment, and supervision of the personnel of the division engaged in handling, servicing, or investigating divorce, dissolution of marriage, legal separation, and annulment cases, including any referees considered necessary by the judges in the discharge of their various duties.

The administrative judge of the division of domestic relations also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division, and shall fix the duties of its personnel. The duties of the personnel, in addition to those provided for in other sections of the Revised Code, shall include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases and counseling and conciliation services that may be made available to persons requesting them, whether or not the persons are parties to an action pending in the division.

The board of county commissioners shall appropriate the sum of money each year as will meet all the administrative expenses of the division of domestic relations, including reasonable expenses of the domestic relations judges and the division counselors and other employees designated to conduct the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases, conciliation and counseling, and all matters relating to those cases and counseling, and the expenses involved in the attendance of division personnel at domestic relations and welfare conferences designated by the division, and the further sum each year as will provide for the adequate operation of the division of domestic relations.

The compensation and expenses of all employees and the salary and expenses of the judges shall be paid by the county treasurer from the money appropriated for the operation of the division, upon the warrant of the county auditor, certified to by the administrative judge of the division of domestic relations.

The summonses, warrants, citations, subpoenas, and other writs of the division may issue to a bailiff, constable, or staff investigator of the division or to the sheriff of any county or any marshal, constable, or police officer, and the provisions of law relating to the subpoenaing of witnesses in other cases shall apply insofar as they are applicable. When a summons, warrant, citation, subpoena, or other writ is issued to an officer, other than a bailiff, constable, or staff investigator of the division, the expense of serving it shall be assessed as a part of the costs in the case involved.

(3) The judge of the court of common pleas of Hamilton County whose term begins on January 3, 1997, shall be elected and designated for one term only as the drug court judge of the court of common pleas of Hamilton County, and the successors to that judge shall be elected and designated as judges of the general division of the court of common pleas of Hamilton county and shall not have the authority granted by division (B)(3) of this section. The drug court judge may accept or reject any case referred to the drug court judge under division (B)(3) of this section. After the drug court judge accepts a referred case, the drug court judge has full authority over the case, including the authority to conduct arraignment, accept pleas, enter findings and dispositions, conduct trials, order treatment, and if treatment is not successfully completed pronounce and enter sentence.

A judge of the general division of the court of common pleas of Hamilton County and a judge of the Hamilton County municipal court may refer to the drug court judge any case, and any companion cases, the judge determines meet the criteria described under divisions (B)(3)(a) and (b) of this section. If the drug court judge accepts referral of a referred case, the case, and any companion cases, shall be transferred to the drug court judge. A judge may refer a case meeting the criteria described in divisions (B)(3)(a) and (b) of this section that involves a violation of a term of probation to the drug court judge, and, if the drug court judge accepts the referral, the referring judge and the drug court judge have concurrent jurisdiction over the case.

A judge of the general division of the court of common pleas of Hamilton County and a judge of the Hamilton County municipal court may refer a case to the drug court judge under division (B)(3) of this section if the judge determines that both of the following apply:

(a) One of the following applies:

(i) The case involves a drug abuse offense, as defined in section 2925.01 of the Revised Code, that is a felony of the third or fourth degree if the offense is committed prior to July 1, 1996, a felony of the third, fourth, or fifth degree if the offense is committed on or after July 1, 1996, or a misdemeanor.

(ii) The case involves a theft offense, as defined in section 2913.01 of the Revised Code, that is a felony of the third or fourth degree if the offense is committed prior to July 1, 1996, a felony of the third, fourth, or fifth degree if the offense is committed on or after July 1, 1996, or a misdemeanor, and the defendant is drug or alcohol dependent or in danger of becoming drug or alcohol dependent and would benefit from treatment.

(b) All of the following apply:

(i) The case involves a probationable offense or a case in which a mandatory prison term is not required to be imposed.

(ii) The defendant has no history of violent behavior.

(iii) The defendant has no history of mental illness.

(iv) The defendant's current or past behavior, or both, is drug or alcohol driven.

(v) The defendant demonstrates a sincere willingness to participate in a fifteen-month treatment process.

(vi) The defendant has no acute health condition.

(vii) If the defendant is incarcerated, the county prosecutor approves of the referral.

(4) If the administrative judge of the court of common pleas of Hamilton county determines that the volume of cases pending before the drug court judge does not constitute a sufficient caseload for the drug court judge, the administrative judge, in accordance with the Rules of Superintendance for Courts of Common Pleas, shall assign individual cases to the drug court judge from the general docket of the court. If the assignments so occur, the administrative judge shall cease the assignments when the administrative judge determines that the volume of cases pending before the drug court judge constitutes a sufficient caseload for the drug court judge.

(C) In Lorain county, the judges of the court of common pleas whose terms begin on January 3, 1959, and January 4, 1989, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as the other judges of the court of common pleas of Lorain county and shall be elected and designated as the judges of the court of common pleas, division of domestic relations. They shall have all of the powers relating to juvenile courts, and all cases under Chapter 2151. of the Revised Code, all parentage proceedings over which the juvenile court has jurisdiction, and all divorce, dissolution of marriage, legal separation, and annulment cases shall be assigned to them, except in any cases that for some special reason are assigned to some other judge of the court of common pleas.

(D)(1) In Lucas county, the judges of the court of common pleas whose terms begin on January 1, 1955, and January 3, 1965, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Lucas county and shall be elected and designated as judges of the court of common pleas, division of domestic relations. All divorce, dissolution of marriage, legal separation, and annulment cases shall be assigned to them.

The judge of the division of domestic relations, senior in point of service, shall be considered as the presiding judge of the court of common pleas, division of domestic relations, and shall be charged exclusively with the assignment and division of the work of the division and the employment and supervision of all other personnel of the domestic relations division.

(2) The judges of the court of common pleas whose terms begin on January 5, 1977, and January 2, 1991, and successors shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Lucas county, shall be elected and designated as judges of the court of common pleas, juvenile division, and shall be the juvenile judges as provided in Chapter 2151. of the Revised Code with the powers and jurisdictions conferred by that chapter. In addition to the judge's regular duties, the judge of the court of common pleas, juvenile division, senior in point of service, shall be the administrator of the juvenile division and its subdivisions and departments and shall have charge of the employment, assignment, and supervision of the personnel of the division engaged in handling, servicing, or investigating juvenile cases, including any referees considered necessary by the judges of the division in the discharge of their various duties.

The judge of the court of common pleas, juvenile division, senior in point of service, also shall designate the title, compensation, expense allowance, hours, leaves of absence, and vacation of the personnel of the division and shall fix the duties of the personnel of the division. The duties of the personnel, in addition to other statutory duties include the handling, servicing, and investigation of juvenile cases and counseling and conciliation services that may be made available to persons requesting them, whether or not the persons are parties to an action pending in the division.

(3) If one of the judges of the court of common pleas, division of domestic relations, or one of the judges of the juvenile division is sick, absent, or unable to perform that the judge's judicial duties or the volume of cases pending in that judge's division necessitates it, the duties shall be performed by the judges of the other of those divisions.

(E)(1) In Mahoning county, the judge of the court of common pleas whose term began on January 1, 1955, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Mahoning county, shall be elected and designated as judge of the court of common pleas, division of domestic relations, and shall be assigned all the divorce, dissolution of marriage, legal separation, and annulment cases coming before the court. In addition to the judge's regular duties, the judge of the court of common pleas, division of domestic relations, shall be the administrator of the domestic relations division and its subdivisions and departments and shall have charge of the employment, assignment, and supervision of the personnel of the division engaged in handling, servicing, or investigating divorce, dissolution of marriage, legal separation, and annulment cases, including any referees considered necessary in the discharge of the various duties of the judge's office.

The judge also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division and shall fix the duties of the personnel of the division. The duties of the personnel, in addition to other statutory duties, include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases and counseling and conciliation services that may be made available to persons requesting them, whether or not the persons are parties to an action pending in the division.

(2) The judge of the court of common pleas whose term began on January 2, 1969, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Mahoning county, shall be elected and designated as judge of court of common pleas, juvenile division, and shall be the juvenile judge as provided in Chapter 2151. of the Revised Code, with the powers and jurisdictions conferred by that chapter. In addition to the judge's regular duties, the judge of the court of common pleas, juvenile division, shall be the administrator of the juvenile division and its subdivisions and departments and shall have charge of the employment, assignment, and supervision of the personnel of the division engaged in handling, servicing, or investigating juvenile cases, including any referees considered necessary by the judge in the discharge of the judge's various duties.

The judge also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacation of the personnel of the division and shall fix the duties of the personnel of the division. The duties of the personnel, in addition to other statutory duties, include the handling, servicing, and investigation of juvenile cases and counseling and conciliation services that may be made available to persons requesting them, whether or not the persons are parties to an action pending in the division.

(3) If a judge of the court of common pleas, division of domestic relations or juvenile division, is sick, absent, or unable to perform that judge's judicial duties, or the volume of cases pending in that judge's division necessitates it, that the judge's duties shall be performed by another judge of the court of common pleas.

(F)(1) In Montgomery county, the judges of the court of common pleas whose terms begin on January 2, 1953, and January 4, 1977, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Montgomery county and shall be elected and designated as judges of the court of common pleas, division of domestic relations. These judges shall have assigned to them all divorce, dissolution of marriage, legal separation, and annulment cases.

The judge of the division of domestic relations, senior in point of service, shall be charged exclusively with the assignment and division of the work of the division and shall have charge of the employment and supervision of the personnel of the division engaged in handling, servicing, or investigating divorce, dissolution of marriage, legal separation, and annulment cases, including any necessary referees, except those employees who may be appointed by the judge, junior in point of service, under this section and sections 2301.12, 2301.18, and 2301.19 of the Revised Code. The judge of the division of domestic relations, senior in point of service, also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacation of the personnel of the division and shall fix their duties.

(2) The judges of the court of common pleas whose terms begin on January 1, 1953, and January 1, 1993, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Montgomery county, shall be elected and designated as judges of the court of common pleas, juvenile division, and shall be, and have the powers and jurisdiction of, the juvenile judge as provided in Chapter 2151. of the Revised Code.

In addition to the judge's regular duties, the judge of the court of common pleas, juvenile division, senior in point of service, shall be the administrator of the juvenile division and its subdivisions and departments and shall have charge of the employment, assignment, and supervision of the personnel of the juvenile division, including any necessary referees, who are engaged in handling, servicing, or investigating juvenile cases. The judge, senior in point of service, also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacation of the personnel of the division and shall fix their duties. The duties of the personnel, in addition to other statutory duties, shall include the handling, servicing, and investigation of juvenile cases and of any counseling and conciliation services that are available upon request to persons, whether or not they are parties to an action pending in the division.

If one of the judges of the court of common pleas, division of domestic relations, or one of the judges of the court of common pleas, juvenile division, is sick, absent, or unable to perform that the judge's duties or the volume of cases pending in that judge's division necessitates it, the duties of that judge may be performed by the judge or judges of the other of those divisions.

(G) In Richland county, the judge of the court of common pleas whose term begins on January 1, 1957, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as the other judges of the court of common pleas of Richland county and shall be elected and designated as judge of the court of common pleas, division of domestic relations. That judge shall have all of the powers relating to juvenile courts, and all cases under Chapter 2151. of the Revised Code, all parentage proceedings over which the juvenile court has jurisdiction, and all divorce, dissolution of marriage, legal separation, and annulment cases shall be assigned to that judge, except in cases that for some special reason are assigned to some other judge of the court of common pleas.

(H) In Stark county, the judges of the court of common pleas whose terms begin on January 1, 1953, January 2, 1959, and January 1, 1993, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Stark county and shall be elected and designated as judges of the court of common pleas, division of domestic relations. They shall have all the powers relating to juvenile courts, and all cases under Chapter 2151. of the Revised Code, all parentage proceedings over which the juvenile court has jurisdiction, and all divorce, dissolution of marriage, legal separation, and annulment cases, except cases that are assigned to some other judge of the court of common pleas for some special reason, shall be assigned to the judges.

The judge of the division of domestic relations, second most senior in point of service, shall have charge of the employment and supervision of the personnel of the division engaged in handling, servicing, or investigating divorce, dissolution of marriage, legal separation, and annulment cases, and necessary referees required for his respective court.

The judge of the division of domestic relations, senior in point of service, shall be charged exclusively with the administration of sections 2151.13, 2151.16, 2151.17, and 2151.18 of the Revised Code and with the assignment and division of the work of the division and the employment and supervision of all other personnel of the division, including, but not limited to, that judge's necessary referees, but excepting those employees who may be appointed by the judge second most senior in point of service. The senior judge further shall serve as administrator of the bureau of aid to dependent children and shall serve in every other position in which the statutes permit or require a juvenile judge to serve.

(I) In Summit county:

(1) The judges of the court of common pleas whose terms begin on January 4, 1967, and January 6, 1993, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Summit county and shall be elected and designated as judges of the court of common pleas, division of domestic relations. The judges of the division of domestic relations shall have assigned to them and hear all divorce, dissolution of marriage, legal separation, and annulment cases that come before the court.

The judge of the division of domestic relations, senior in point of service, shall be the administrator of the domestic relations division and its subdivisions and departments and shall have charge of the employment, assignment, and supervision of the personnel of the division, including any necessary referees, who are engaged in handling, servicing, or investigating divorce, dissolution of marriage, legal separation, and annulment cases. That judge also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division and shall fix their duties. The duties of the personnel, in addition to other statutory duties, shall include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases and of any counseling and conciliation services that are available upon request to all persons, whether or not they are parties to an action pending in the division.

(2) The judge of the court of common pleas whose term begins on January 1, 1955, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Summit county, shall be elected and designated as judge of the court of common pleas, juvenile division, and shall be, and have the powers and jurisdiction of, the juvenile judge as provided in Chapter 2151. of the Revised Code.

The juvenile judge shall be the administrator of the juvenile division and its subdivisions and departments and shall have charge of the employment, assignment, and supervision of the personnel of the juvenile division, including any necessary referees, who are engaged in handling, servicing, or investigating juvenile cases. The judge also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacation of the personnel of the division and shall fix their duties. The duties of the personnel, in addition to other statutory duties, shall include the handling, servicing, and investigation of juvenile cases and of any counseling and conciliation services that are available upon request to persons, whether or not they are parties to an action pending in the division.

(J) In Trumbull county, the judges of the court of common pleas whose terms begin on January 1, 1953, and January 2, 1977, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Trumbull county and shall be elected and designated as judges of the court of common pleas, division of domestic relations. They shall have all the powers relating to juvenile courts, and all cases under Chapter 2151. of the Revised Code, all parentage proceedings over which the juvenile court has jurisdiction, and all divorce, dissolution of marriage, legal separation, and annulment cases shall be assigned to them, except cases that for some special reason are assigned to some other judge of the court of common pleas.

(K) In Butler county:

(1) The judges of the court of common pleas whose terms begin on January 1, 1957, and January 4, 1993, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Butler county and shall be elected and designated as judges of the court of common pleas, division of domestic relations. The judges of the division of domestic relations shall have assigned to them all divorce, dissolution of marriage, legal separation, and annulment cases coming before the court, except in cases that for some special reason are assigned to some other judge of the court of common pleas. The judge senior in point of service shall be charged with the assignment and division of the work of the division and with the employment and supervision of all other personnel of the domestic relations division.

The judge senior in point of service also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division and shall fix their duties. The duties of the personnel, in addition to other statutory duties, shall include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases and providing any counseling and conciliation services that the division makes available to persons, whether or not the persons are parties to an action pending in the division, who request the services.

(2) The judge of the court of common pleas whose term begins on January 3, 1987, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Butler county, shall be elected and designated as judge of the court of common pleas, juvenile division, and shall be the juvenile judge as provided in Chapter 2151. of the Revised Code, with the powers and jurisdictions conferred by that chapter. The judge of the court of common pleas, juvenile division, shall be the administrator of the juvenile division and its subdivisions and departments. The judge shall have charge of the employment, assignment, and supervision of the personnel of the juvenile division who are engaged in handling, servicing, or investigating juvenile cases, including any referees whom the judge considers necessary for the discharge of the judge's various duties.

The judge also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacation of the personnel of the division and shall fix their duties. The duties of the personnel, in addition to other statutory duties, include the handling, servicing, and investigation of juvenile cases and providing any counseling and conciliation services that the division makes available to persons, whether or not the persons are parties to an action pending in the division, who request the services.

(3) If a judge of the court of common pleas, division of domestic relations or juvenile division, is sick, absent, or unable to perform that the judge's judicial duties or the volume of cases pending in the judge's division necessitates it, the duties of that judge shall be performed by the other judges of the domestic relations and juvenile divisions.

(L)(1) In Cuyahoga county, the judges of the court of common pleas whose terms begin on January 8, 1961, January 9, 1961, January 18, 1975, January 19, 1975, and January 13, 1987, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Cuyahoga county and shall be elected and designated as judges of the court of common pleas, division of domestic relations. They shall have all the powers relating to all divorce, dissolution of marriage, legal separation, and annulment cases, except in cases that are assigned to some other judge of the court of common pleas for some special reason.

(2) The administrative judge is administrator of the domestic relations division and its subdivisions and departments and has the following powers concerning division personnel:

(a) Full charge of the employment, assignment, and supervision;

(b) Sole determination of compensation, duties, expenses, allowances, hours, leaves, and vacations.

(3) "Division personnel" include persons employed or referees engaged in hearing, servicing, investigating, counseling, or conciliating divorce, dissolution of marriage, legal separation and annulment matters.

(M) In Lake county:

(1) The judge of the court of common pleas whose term begins on January 2, 1961, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as the other judges of the court of common pleas of Lake county and shall be elected and designated as judge of the court of common pleas, division of domestic relations. The judge shall be assigned all the divorce, dissolution of marriage, legal separation, and annulment cases coming before the court, except in cases that for some special reason are assigned to some other judge of the court of common pleas. The judge shall be charged with the assignment and division of the work of the division and with the employment and supervision of all other personnel of the domestic relations division.

The judge also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division and shall fix their duties. The duties of the personnel, in addition to other statutory duties, shall include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases and providing any counseling and conciliation services that the division makes available to persons, whether or not the persons are parties to an action pending in the division, who request the services.

(2) The judge of the court of common pleas whose term begins on January 4, 1979, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Lake county, shall be elected and designated as judge of the court of common pleas, juvenile division, and shall be the juvenile judge as provided in Chapter 2151. of the Revised Code, with the powers and jurisdictions conferred by that chapter. The judge of the court of common pleas, juvenile division, shall be the administrator of the juvenile division and its subdivisions and departments. The judge shall have charge of the employment, assignment, and supervision of the personnel of the juvenile division who are engaged in handling, servicing, or investigating juvenile cases, including any referees whom the judge considers necessary for the discharge of the judge's various duties.

The judge also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacation of the personnel of the division and shall fix their duties. The duties of the personnel, in addition to other statutory duties, include the handling, servicing, and investigation of juvenile cases and providing any counseling and conciliation services that the division makes available to persons, whether or not the persons are parties to an action pending in the division, who request the services.

(3) If a judge of the court of common pleas, division of domestic relations or juvenile division, is sick, absent, or unable to perform that the judge's judicial duties or the volume of cases pending in the judge's division necessitates it, the duties of that judge shall be performed by the other judges of the domestic relations and juvenile divisions.

(N) In Erie county, the judge of the court of common pleas whose term begins on January 2, 1971, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as the other judge of the court of common pleas of Erie county and shall be elected and designated as judge of the court of common pleas, division of domestic relations. The judge shall have all the powers relating to juvenile courts, and shall be assigned all cases under Chapter 2151. of the Revised Code, parentage proceedings over which the juvenile court has jurisdiction, and divorce, dissolution of marriage, legal separation, and annulment cases, except cases that for some special reason are assigned to some other judge.

(O) In Greene county:

(1) The judge of the court of common pleas whose term begins on January 1, 1961, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as the other judges of the court of common pleas of Greene county and shall be elected and designated as the judge of the court of common pleas, division of domestic relations. The judge shall be assigned all divorce, dissolution of marriage, legal separation, annulment, uniform reciprocal support enforcement, and domestic violence cases and all other cases related to domestic relations, except cases that for some special reason are assigned to some other judge of the court of common pleas.

The judge shall be charged with the assignment and division of the work of the division and with the employment and supervision of all other personnel of the division. The judge also shall designate the title, compensation, hours, leaves of absence, and vacations of the personnel of the division and shall fix their duties. The duties of the personnel of the division, in addition to other statutory duties, shall include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases and the provision of counseling and conciliation services that the division considers necessary and makes available to persons who request the services, whether or not the persons are parties in an action pending in the division. The compensation for the personnel shall be paid from the overall court budget and shall be included in the appropriations for the existing judges of the general division of the court of common pleas.

(2) The judge of the court of common pleas whose term begins on January 1, 1995, and successors shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as the other judges of the court of common pleas of Greene county, shall be elected and designated as judge of the court of common pleas, juvenile division, and, on or after January 1, 1995, shall be the juvenile judge as provided in Chapter 2151. of the Revised Code with the powers and jurisdiction conferred by that chapter. The judge of the court of common pleas, juvenile division, shall be the administrator of the juvenile division and its subdivisions and departments. The judge shall have charge of the employment, assignment, and supervision of the personnel of the juvenile division who are engaged in handling, servicing, or investigating juvenile cases, including any referees whom the judge considers necessary for the discharge of the judge's various duties.

The judge also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacation of the personnel of the division and shall fix their duties. The duties of the personnel, in addition to other statutory duties, include the handling, servicing, and investigation of juvenile cases and providing any counseling and conciliation services that the court makes available to persons, whether or not the persons are parties to an action pending in the court, who request the services.

(3) If one of the judges of the court of common pleas, general division, is sick, absent, or unable to perform that the judge's judicial duties or the volume of cases pending in the general division necessitates it, the duties of that judge of the general division shall be performed by the judge of the division of domestic relations and the judge of the juvenile division.

(P) In Portage county, the judge of the court of common pleas, whose term begins January 2, 1987, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as the other judges of the court of common pleas of Portage county and shall be elected and designated as judge of the court of common pleas, division of domestic relations. The judge shall be assigned all divorce, dissolution of marriage, legal separation, and annulment cases coming before the court, except in cases that for some special reason are assigned to some other judge of the court of common pleas. The judge shall be charged with the assignment and division of the work of the division and with the employment and supervision of all other personnel of the domestic relations division.

The judge also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division and shall fix their duties. The duties of the personnel, in addition to other statutory duties, shall include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases and providing any counseling and conciliation services that the division makes available to persons, whether or not the persons are parties to an action pending in the division, who request the services.

(Q) In Clermont county, the judge of the court of common pleas, whose term begins January 2, 1987, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as the other judges of the court of common pleas of Clermont county and shall be elected and designated as judge of the court of common pleas, division of domestic relations. The judge shall be assigned all divorce, dissolution of marriage, legal separation, and annulment cases coming before the court, except in cases that for some special reason are assigned to some other judge of the court of common pleas. The judge shall be charged with the assignment and division of the work of the division and with the employment and supervision of all other personnel of the domestic relations division.

The judge also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division and shall fix their duties. The duties of the personnel, in addition to other statutory duties, shall include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases and providing any counseling and conciliation services that the division makes available to persons, whether or not the persons are parties to an action pending in the division, who request the services.

(R) In Warren county, the judge of the court of common pleas, whose term begins January 1, 1987, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as the other judges of the court of common pleas of Warren county and shall be elected and designated as judge of the court of common pleas, division of domestic relations. The judge shall be assigned all divorce, dissolution of marriage, legal separation, and annulment cases coming before the court, except in cases that for some special reason are assigned to some other judge of the court of common pleas. The judge shall be charged with the assignment and division of the work of the division and with the employment and supervision of all other personnel of the domestic relations division.

The judge also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division and shall fix their duties. The duties of the personnel, in addition to other statutory duties, shall include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases and providing any counseling and conciliation services that the division makes available to persons, whether or not the persons are parties to an action pending in the division, who request the services.

(S) In Licking county, the judge of the court of common pleas, whose term begins January 1, 1991, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as the other judges of the court of common pleas of Licking county and shall be elected and designated as judge of the court of common pleas, division of domestic relations. The judge shall be assigned all divorce, dissolution of marriage, legal separation, and annulment cases, all cases arising under Chapter 3111. of the Revised Code, all proceedings involving child support, the allocation of parental rights PARENTING FUNCTIONS and responsibilities for the care of children and the designation for the children of a place of residence and legal custodian, and visitation FOR PERSONS OTHER THAN THE PARENTS, and all post-decree proceedings and matters arising from those cases and proceedings, except in cases that for some special reason are assigned to another judge of the court of common pleas. The judge shall be charged with the assignment and division of the work of the division and with the employment and supervision of the personnel of the division.

The judge shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division and shall fix the duties of the personnel of the division. The duties of the personnel of the division, in addition to other statutory duties, shall include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases, cases arising under Chapter 3111. of the Revised Code, and proceedings involving child support, the allocation of parental rights PARENTING FUNCTIONS and responsibilities for the care of children and the designation for the children of a place of residence and legal custodian, and visitation FOR PERSONS OTHER THAN THE PARENTS and providing any counseling and conciliation services that the division makes available to persons, whether or not the persons are parties to an action pending in the division, who request the services.

(T) In Allen county, the judge of the court of common pleas, whose term begins January 1, 1993, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as the other judges of the court of common pleas of Allen county and shall be elected and designated as judge of the court of common pleas, division of domestic relations. The judge shall be assigned all divorce, dissolution of marriage, legal separation, and annulment cases, all cases arising under Chapter 3111. of the Revised Code, all proceedings involving child support, the allocation of parental rights PARENTING FUNCTIONS and responsibilities for the care of children and the designation for the children of a place of residence and legal custodian, and visitation FOR PERSONS OTHER THAN THE PARENTS, and all post-decree proceedings and matters arising from those cases and proceedings, except in cases that for some special reason are assigned to another judge of the court of common pleas. The judge shall be charged with the assignment and division of the work of the division and with the employment and supervision of the personnel of the division.

The judge shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division and shall fix the duties of the personnel of the division. The duties of the personnel of the division, in addition to other statutory duties, shall include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases, cases arising under Chapter 3111. of the Revised Code, and proceedings involving child support, the allocation of parental rights PARENTING FUNCTIONS and responsibilities for the care of children and the designation for the children of a place of residence and legal custodian, and visitation FOR PERSONS OTHER THAN THE PARENTS, and providing any counseling and conciliation services that the division makes available to persons, whether or not the persons are parties to an action pending in the division, who request the services.

(U) In Medina county, the judge of the court of common pleas whose term begins January 1, 1995, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Medina county and shall be elected and designated as judge of the court of common pleas, division of domestic relations. The judge shall be assigned all divorce, dissolution of marriage, legal separation, and annulment cases, all cases arising under Chapter 3111. of the Revised Code, all proceedings involving child support, the allocation of parental rights PARENTING FUNCTIONS and responsibilities for the care of children and the designation for the children of a place of residence and legal custodian, and visitation FOR PERSONS OTHER THAN THE PARENTS, and all post-decree proceedings and matters arising from those cases and proceedings, except in cases that for some special reason are assigned to another judge of the court of common pleas. The judge shall be charged with the assignment and division of the work of the division and with the employment and supervision of the personnel of the division.

The judge shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division and shall fix the duties of the personnel of the division. The duties of the personnel, in addition to other statutory duties, include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases, cases arising under Chapter 3111. of the Revised Code, and proceedings involving child support, the allocation of parental rights PARENTING FUNCTIONS and responsibilities for the care of children and the designation for the children of a place of residence and legal custodian, and visitation FOR PERSONS OTHER THAN THE PARENTS, and providing counseling and conciliation services that the division makes available to persons, whether or not the persons are parties to an action pending in the division, who request the services.

(V) In Fairfield county, the judge of the court of common pleas whose term begins January 2, 1995, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as the other judges of the court of common pleas of Fairfield county and shall be elected and designated as judge of the court of common pleas, division of domestic relations. The judge shall be assigned all divorce, dissolution of marriage, legal separation, and annulment cases, all cases arising under Chapter 3111. of the Revised Code, all proceedings involving child support, the allocation of parental rights PARENTING FUNCTIONS and responsibilities for the care of children and the designation for the children of a place of residence and legal custodian, and visitation FOR PERSONS OTHER THAN THE PARENTS, and all post-decree proceedings and matters arising from those cases and proceedings, except in cases that for some special reason are assigned to another judge of the court of common pleas. The judge also has concurrent jurisdiction with the probate-juvenile division of the court of common pleas of Fairfield county with respect to and may hear cases to determine the custody of a child, as defined in section 2151.011 of the Revised Code, who is not the ward of another court of this state, cases that are commenced by a parent, guardian, or custodian of a child, as defined in section 2151.011 of the Revised Code, to obtain an order requiring a parent of the child to pay child support for that child when the request for that order is not ancillary to an action for divorce, dissolution of marriage, annulment, or legal separation, a criminal or civil action involving an allegation of domestic violence, an action for support under Chapter 3115. of the Revised Code, or an action that is within the exclusive original jurisdiction of the probate-juvenile division of the court of common pleas of Fairfield county and that involves an allegation that the child is an abused, neglected, or dependent child, and post-decree proceedings and matters arising from those types of cases.

The judge of the domestic relations division shall be charged with the assignment and division of the work of the division and with the employment and supervision of the personnel of the division.

The judge shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division and shall fix the duties of the personnel of the division. The duties of the personnel of the division, in addition to other statutory duties, shall include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases, cases arising under Chapter 3111. of the Revised Code, and proceedings involving child support, the allocation of parental rights PARENTING FUNCTIONS and responsibilities for the care of children and the designation for the children of a place of residence and legal custodian, and visitation FOR PERSONS OTHER THAN THE PARENTS, and providing any counseling and conciliation services that the division makes available to persons, regardless of whether the persons are parties to an action pending in the division, who request the services. When the judge hears a case to determine the custody of a child, as defined in section 2151.011 of the Revised Code, who is not the ward of another court of this state or a case that is commenced by a parent, guardian, or custodian of a child, as defined in section 2151.011 of the Revised Code, to obtain an order requiring a parent of the child to pay child support for that child when the request for that order is not ancillary to an action for divorce, dissolution of marriage, annulment, or legal separation, a criminal or civil action involving an allegation of domestic violence, an action for support under Chapter 3115. of the Revised Code, or an action that is within the exclusive original jurisdiction of the probate-juvenile division of the court of common pleas of Fairfield county and that involves an allegation that the child is an abused, neglected, or dependent child, the duties of the personnel of the domestic relations division also include the handling, servicing, and investigation of those types of cases.

(W)(1) In Clark county, the judge of the court of common pleas whose term begins on January 2, 1995, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Clark county and shall be elected and designated as judge of the court of common pleas, domestic relations division. The judge shall have all the powers relating to juvenile courts, and all cases under Chapter 2151. of the Revised Code and all parentage proceedings under Chapter 3111. of the Revised Code over which the juvenile court has jurisdiction shall be assigned to the judge of the division of domestic relations. All divorce, dissolution of marriage, legal separation, annulment, uniform reciprocal support enforcement, and other cases related to domestic relations shall be assigned to the domestic relations division, and the presiding judge of the court of common pleas shall assign the cases to the judge of the domestic relations division and the judges of the general division.

(2) In addition to the judge's regular duties, the judge of the division of domestic relations shall serve on the children services board and the county advisory board.

(3) If the judge of the court of common pleas of Clark county, division of domestic relations, is sick, absent, or unable to perform that the judge's judicial duties or if the presiding judge of the court of common pleas of Clark county determines that the volume of cases pending in the division of domestic relations necessitates it, the duties of the judge of the division of domestic relations shall be performed by the judges of the general division or probate division of the court of common pleas of Clark county, as assigned for that purpose by the presiding judge of that court, and the judges so assigned shall act in conjunction with the judge of the division of domestic relations of that court.

(X) In Scioto county, the judge of the court of common pleas whose term begins January 2, 1995, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Scioto county and shall be elected and designated as judge of the court of common pleas, division of domestic relations. The judge shall be assigned all divorce, dissolution of marriage, legal separation, and annulment cases, all cases arising under Chapter 3111. of the Revised Code, all proceedings involving child support, the allocation of parental rights PARENTING FUNCTIONS and responsibilities for the care of children and the designation for the children of a place of residence and legal custodian, visitation FOR PERSONS OTHER THAN THE PARENTS, and all post-decree proceedings and matters arising from those cases and proceedings, except in cases that for some special reason are assigned to another judge of the court of common pleas. The judge shall be charged with the assignment and division of the work of the division and with the employment and supervision of the personnel of the division.

The judge shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division and shall fix the duties of the personnel of the division. The duties of the personnel, in addition to other statutory duties, include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases, cases arising under Chapter 3111. of the Revised Code, and proceedings involving child support, the allocation of parental rights PARENTING FUNCTIONS and responsibilities for the care of children and the designation for the children of a place of residence and legal custodian, and visitation FOR PERSONS OTHER THAN THE PARENTS, and providing counseling and conciliation services that the division makes available to persons, whether or not the persons are parties to an action pending in the division, who request the services.

(Y) In Auglaize county, the judge of the probate and juvenile divisions of the Auglaize county court of common pleas also shall be the administrative judge of the domestic relations division of the court and shall be assigned all divorce, dissolution of marriage, legal separation, and annulment cases coming before the court. The judge shall have all powers as administrator of the domestic relations division and shall have charge of the personnel engaged in handling, servicing, or investigating divorce, dissolution of marriage, legal separation, and annulment cases, including any referees considered necessary for the discharge of the judge's various duties.

(Z) If a judge of the court of common pleas, division of domestic relations, or juvenile judge, of any of the counties mentioned in this section is sick, absent, or unable to perform that the judge's judicial duties or the volume of cases pending in the judge's division necessitates it, the duties of that judge shall be performed by another judge of the court of common pleas of that county, assigned for that purpose by the presiding judge of the court of common pleas of that county to act in place of or in conjunction with that judge, as the case may require.

Sec. 2307.50. (A) As used in this section:

(1) "Child stealing crime" means a violation of sections 2905.01, 2905.02, 2905.03, and 2919.23 of the Revised Code or section 2905.04 of the Revised Code as it existed prior to the effective date of this amendment.

(2) "Minor" means a person under eighteen years of age.

(3) "Parental or guardianship interest" means that a parent of a minor is the residential parent and legal custodian of the minor and has the rights corresponding to that capacity, that a parent of a minor is the parent other than the residential parent of the minor and has a right of access to the minor, that the parents of a minor have parental rights and responsibilities for the care of the minor and are the residential parents and legal custodians of the child, or that any other person has a right of custody or access to a minor as his THE MINOR'S guardian or other custodian.

(B) Except as provided in division (D) of this section, if a minor is the victim of a child stealing crime and if, as a result of that crime, the minor's parents, parent who is the residential parent and legal custodian, parent who is not the residential parent and legal custodian, guardian, or other custodian is deprived of a parental or guardianship interest in the minor, the parents, parent who is the residential parent and legal custodian, parent who is not the residential parent and legal custodian, guardian, or other custodian may maintain a civil action against the offender to recover damages for interference with the parental or guardianship interest. In the civil action, the plaintiffs may recover all of the following:

(1) Full compensatory damages, including, but not limited to, damages for the mental suffering and anguish incurred by the plaintiffs, damages for the loss of society of the minor, and, if applicable, damages for the loss of the minor's services and damages for expenses incurred by the plaintiffs in locating or recovering the minor;

(2) Punitive damages;

(3) Reasonable attorney's fees;

(4) Costs of bringing the civil action.

(C) In a civil action brought pursuant to this section, the trier of fact may determine that the minor was the victim of a child stealing crime and that the defendant committed the crime, regardless of whether the defendant has been convicted of or pleaded guilty to a child stealing crime.

(D) This section does not create a civil action for one parent against the other parent who commits a child stealing crime against the parent's own child.

Sec. 2307.70. (A) Any person who suffers injury or loss to person or property as a result of an act committed in violation of section 2909.05, 2927.11, or 2927.12 of the Revised Code has a civil action and may recover in that action full damages, including, but not limited to, punitive damages and damages for emotional distress, the reasonable costs of maintaining the civil action, and reasonable attorney's fees.

(B) Any person who suffers injury or loss to person or property as a result of an act committed in violation of section 2909.05, 2927.11, or 2927.12 of the Revised Code by an unmarried child under the age of eighteen has a civil action against the parents who have parental rights and responsibilities for the care of the child and are the residential parents and legal custodians of the child, and may recover in that action compensatory damages, costs, and attorney's fees, which damages, costs, and fees in the aggregate shall not exceed five thousand dollars. The parents and their child are jointly and severally liable for any damages for injury or loss to person or property caused by the child's act committed in violation of section 2909.05, 2927.11, or 2927.12 of the Revised Code. If a person recovers damages from the parents of a child pursuant to this division, that recovery does not preclude the person from maintaining a civil action against the child pursuant to division (A) of this section.

(C) The monetary limitation upon compensatory damages set forth in section 3109.09 or 3109.10 of the Revised Code does not apply to a civil action brought pursuant to this section.

(D) No record of conviction, unless obtained by confession in open court, shall be used as evidence in a civil action brought pursuant to this section.

Sec. 2317.02. The following persons shall not testify in certain respects:

(A) An attorney, concerning a communication made TO the attorney by the attorney's a client in that relation or the attorney's advice to the a client, except that the attorney may testify by express consent of the client or, if the client is deceased, by the express consent of the surviving spouse or the executor or administrator of the estate of the deceased client and except that, if the client voluntarily testifies or is deemed by section 2151.421 of the Revised Code to have waived any testimonial privilege under this division, the attorney may be compelled to testify on the same subject;

(B)(1) A physician or a dentist concerning a communication made TO the physician or dentist by the physician's or dentist's a patient in that relation or the physician's or dentist's advice to the a patient, except as otherwise provided in this division, division (B)(2), and division (B)(3) of this section, and except that, if the patient is deemed by section 2151.421 of the Revised Code to have waived any testimonial privilege under this division, the physician may be compelled to testify on the same subject.

The testimonial privilege under this division does not apply, and a physician or dentist may testify or may be compelled to testify in any of the following circumstances:

(a) In any civil action, in accordance with the discovery provisions of the Rules of Civil Procedure in connection with a civil action, or in connection with a claim under Chapter 4123. of the Revised Code, under any of the following circumstances:

(i) If the patient or the guardian or other legal representative of the patient gives express consent;

(ii) If the patient is deceased, the spouse of the patient or the executor or administrator of the patient's estate gives express consent;

(iii) If a medical claim, dental claim, chiropractic claim, or optometric claim, as defined in section 2305.11 of the Revised Code, an action for wrongful death, any other type of civil action, or a claim under Chapter 4123. of the Revised Code is filed by the patient, the personal representative of the estate of the patient if deceased, or the patient's guardian or other legal representative.

(b) In any criminal action concerning any test or the results of any test that determines the presence or concentration of alcohol, a drug of abuse, or alcohol and a drug of abuse in the patient's blood, breath, urine, or other bodily substance at any time relevant to the criminal offense in question.

(2)(a) If any law enforcement officer submits a written statement to a health care provider that states that an official criminal investigation has begun regarding a specified person or that a criminal action or proceeding has been commenced against a specified person, that requests the provider to supply to the officer copies of any records the provider possesses that pertain to any test or the results of any test administered to the specified person to determine the presence or concentration of alcohol, a drug of abuse, or alcohol and a drug of abuse in the person's blood, breath, or urine at any time relevant to the criminal offense in question, and that conforms to section 2317.022 of the Revised Code, the provider, except to the extent specifically prohibited by any law of this state or of the United States, shall supply to the officer a copy of any of the requested records the provider possesses. If the health care provider does not possess any of the requested records, the provider shall give the officer a written statement that indicates that the provider does not possess any of the requested records.

(b) If a health care provider possesses any records of the type described in division (B)(2)(a) of this section regarding the person in question at any time relevant to the criminal offense in question, in lieu of personally testifying as to the results of the test in question, the custodian of the records may submit a certified copy of the records, and, upon its submission, the certified copy is qualified as authentic evidence and may be admitted as evidence in accordance with the Rules of Evidence. Division (A) of section 2317.422 of the Revised Code does not apply to any certified copy of records submitted in accordance with this division. Nothing in this division shall be construed to limit the right of any party to call as a witness the person who administered the test to which the records pertain, the person under whose supervision the test was administered, the custodian of the records, the person who made the records, or the person under whose supervision the records were made.

(3)(a) If the testimonial privilege described in division (B)(1) of this section does not apply as provided in division (B)(1)(a)(iii) of this section, a physician or dentist may be compelled to testify or to submit to discovery under the Rules of Civil Procedure only as to a communication made TO the physician or dentist by the patient in question in that relation, or the physician's or dentist's advice to the patient in question, that related causally or historically to physical or mental injuries that are relevant to issues in the medical claim, dental claim, chiropractic claim, or optometric claim, action for wrongful death, other civil action, or claim under Chapter 4123. of the Revised Code.

(b) If the testimonial privilege described in division (B)(1) of this section does not apply to a physician or dentist as provided in division (B)(1)(b) of this section, the physician or dentist, in lieu of personally testifying as to the results of the test in question, may submit a certified copy of those results, and, upon its submission, the certified copy is qualified as authentic evidence and may be admitted as evidence in accordance with the Rules of Evidence. Division (A) of section 2317.422 of the Revised Code does not apply to any certified copy of results submitted in accordance with this division. Nothing in this division shall be construed to limit the right of any party to call as a witness the person who administered the test in question, the person under whose supervision the test was administered, the custodian of the results of the test, the person who compiled the results, or the person under whose supervision the results were compiled.

(4)(a) As used in divisions (B)(1) to (3) of this section, "communication" means acquiring, recording, or transmitting any information, in any manner, concerning any facts, opinions, or statements necessary to enable a physician or dentist to diagnose, treat, prescribe, or act for a patient. A "communication" may include, but is not limited to, any medical or dental, office, or hospital communication such as a record, chart, letter, memorandum, laboratory test and results, x-ray, photograph, financial statement, diagnosis, or prognosis.

(b) As used in division (B)(2) of this section, "health care provider" has the same meaning as in section 3729.01 of the Revised Code.

(5) Divisions (B)(1), (2), (3), and (4) of this section apply to doctors of medicine, doctors of osteopathic medicine, doctors of podiatry, and dentists.

(6) Nothing in divisions (B)(1) to (5) of this section affects, or shall be construed as affecting, the immunity from civil liability conferred by section 2305.33 of the Revised Code upon physicians who report an employee's use of a drug of abuse, or a condition of an employee other than one involving the use of a drug of abuse, to the employer of the employee in accordance with division (B) of that section. As used in this division, "employee," "employer," and "physician" have the same meanings as in section 2305.33 of the Revised Code.

(C) A member of the clergy, rabbi, priest, or regularly ordained, accredited, or licensed minister of an established and legally cognizable church, denomination, or sect, when the cleric MEMBER OF THE CLERGY, rabbi, priest, or minister remains accountable to the authority of that church, denomination, or sect, concerning a confession made, or any information confidentially communicated, TO the clergyman MEMBER OF THE CLERGY, rabbi, priest, or minister for a religious counseling purpose in the clergyman's MEMBER OF THE CLERGY'S, rabbi's, priest's, or minister's professional character; however, the cleric MEMBER OF THE CLERGY, rabbi, priest, or minister may testify by express consent of the person making the communication, except when the disclosure of the information is in violation of the clergyman's rabbi's, priest's, or minister's a sacred trust.

(D) Husband or wife, concerning any communication made by one to the other, or an act done by either in the presence of the other, during coverture, unless the communication was made, or act done, in the known presence or hearing of a third person competent to be a witness; and such rule is the same if the marital relation has ceased to exist.

(E) A person who assigns a claim or interest, concerning any matter in respect to which the person would not, if a party, be permitted to testify;

(F) A person who, if a party, would be restricted under section 2317.03 of the Revised Code, when the property or thing is sold or transferred by an executor, administrator, guardian, trustee, heir, devisee, or legatee, shall be restricted in the same manner in any action or proceeding concerning the property or thing.

(G)(1) A school guidance counselor who holds a valid educator license from the state board of education as provided for in section 3319.22 of the Revised Code, a person licensed under Chapter 4757. of the Revised Code as a professional clinical counselor, professional counselor, social worker, or independent social worker, or registered under Chapter 4757. of the Revised Code as a social work assistant concerning a confidential communication such person such person's received from a client in that relation or such person's the person's advice to the a client unless any of the following applies:

(a) The communication or advice indicates clear and present danger to the client or other persons. For the purposes of this division, cases in which there are indications of present or past child abuse or neglect of the client constitute a clear and present danger.

(b) The client gives express consent to the testimony.

(c) If the client is deceased, the surviving spouse or the executor or administrator of the estate of the deceased client gives express consent.

(d) The client voluntarily testifies, in which case the school guidance counselor or person licensed or registered under Chapter 4757. of the Revised Code may be compelled to testify on the same subject.

(e) The court in camera determines that the information communicated by the client is not germane to the counselor-client or social worker-client relationship.

(f) A court, in an action brought against a school, its administration, or any of its personnel by the client, rules after an in-camera inspection that the testimony of the school guidance counselor is relevant to that action.

(2) Nothing in division (G)(1) of this section shall relieve a school guidance counselor or a person licensed or registered under Chapter 4757. of the Revised Code from the requirement to report information concerning child abuse or neglect under section 2151.421 of the Revised Code.

(H) A mediator acting under a mediation order issued under division (A) of FORMER section 3109.052 OR SECTION 3109.55 of the Revised Code or otherwise issued in any proceeding for divorce, dissolution, legal separation, annulment, or the allocation of parental rights and responsibilities PURSUANT TO FORMER SECTION 3109.04 of the Revised Code OR THE PARENTING FUNCTIONS AND RESPONSIBILITIES PURSUANT TO ANY SECTION of the Revised Code, INCLUDING SECTION 3109.62 of the Revised Code, for the care of children, in any action or proceeding, other than a criminal, delinquency, child abuse, child neglect, or dependent child action or proceeding, that is brought by or against either parent who takes part in mediation in accordance with the order and that pertains to the mediation process, to any information discussed or presented in the mediation process, to the allocation of parental rights and responsibilities PURSUANT TO FORMER SECTION 3109.04 of the Revised Code OR THE PARENTING FUNCTIONS AND RESPONSIBILITIES PURSUANT TO ANY SECTION of the Revised Code, INCLUDING SECTION 3109.62 of the Revised Code, for the care of the parents' children, or to the awarding of visitation rights in relation to their children PURSUANT TO FORMER SECTION 3109.051 OR 3109.12 of the Revised Code.

(I) A communications assistant, acting within the scope of the communication that assistant's authority, when providing telecommunications relay service pursuant to section 4931.35 of the Revised Code or Title II of the "Communications Act of 1934," 104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication made through a telecommunications relay service.

Nothing in this section shall limit any immunity or privilege granted under federal law or regulation. Nothing in this section shall limit the obligation of a communications assistant to divulge information or testify when mandated by federal law or regulation or pursuant to subpoena in a criminal proceeding.

Sec. 2705.031. (A) As used in this section, "Title IV-D case" has the same meaning as in section 3113.21 of the Revised Code.

(B)(1) Any party who has a legal claim to any support ordered for a child, spouse, or former spouse may initiate a contempt action for failure to pay the support. In Title IV-D cases, the contempt action for failure to pay support also may be initiated by an attorney retained by the party who has the legal claim, the prosecuting attorney, or an attorney of the department of human services or the child support enforcement agency.

(2) Any person who is granted visitation rights under a visitation order or decree issued pursuant to FORMER section 3109.051 OR 3109.12, OR SECTION 3109.59, 3109.11 3109.60, or 3109.12 3109.61 of the Revised Code or pursuant to any other provision of the Revised Code, or any other person who is subject to any visitation order or decree, may initiate a contempt action for a failure to comply with, or an interference with, the order or decree.

(C) In any contempt action initiated pursuant to division (B) of this section, the accused shall appear upon the summons and order to appear that is issued by the court. The summons shall include all of the following:

(1) Notice that failure to appear may result in the issuance of an order of arrest, and in cases involving alleged failure to pay support, the issuance of an order for the payment of support by withholding an amount from the personal earnings of the accused or by withholding or deducting an amount from some other asset of the accused;

(2) Notice that the accused has a right to counsel, and that if the accused believes that he is indigent, the accused must apply for a public defender or court appointed counsel within three business days after receipt of the summons;

(3) Notice that the court may refuse to grant a continuance at the time of the hearing for the purpose of the accused obtaining counsel, if the accused fails to make a good faith effort to retain counsel or to obtain a public defender;

(4) Notice of the potential penalties that could be imposed upon the accused, if the accused is found guilty of contempt for failure to pay support or for a failure to comply with, or an interference with, a THE visitation order or decree.

(D) If the accused is served as required by the Rules of Civil Procedure or by any special statutory proceedings that are relevant to the case, the court may order the attachment of the person of the accused upon failure to appear as ordered by the court.

(E) The imposition of any penalty for contempt under section 2705.05 of the Revised Code shall not eliminate any obligation of the accused to pay any past, present, or future support obligation or any obligation of the accused to comply with or refrain from interfering with the visitation order or decree. The court shall have jurisdiction to make a finding of contempt for the failure to pay support and to impose the penalties set forth in section 2705.05 of the Revised Code in all cases in which past due support is at issue even if the duty to pay support has terminated, and shall have jurisdiction to make a finding of contempt for a failure to comply with, or an interference with, a THE visitation order or decree and to impose the penalties set forth in section 2705.05 of the Revised Code in all cases in which the failure or interference is at issue even if the visitation order or decree no longer is in effect.

Sec. 3101.01. Male persons of the age of eighteen years, and female persons of the age of sixteen years, not nearer of kin than second cousins, and not having a husband or wife living, may be joined in marriage. A minor must first obtain the consent of his THE MINOR'S parents, surviving parent, parent who is designated the residential parent and legal custodian of the child by a court of competent jurisdiction, the guardian of his person GUARDIAN, or any one of the following who has been awarded permanent custody of him THE MINOR by a court exercising juvenile jurisdiction:

(A) An adult person;

(B) The department of human services or any child welfare organization certified by such department;

(C) A county department of human services or a county children services board.

A minor shall not be required to obtain the consent of a parent who resides in a foreign country, has neglected or abandoned such minor for a period of one year or longer immediately preceding his THE application for a marriage license, has been adjudged incompetent, is an inmate of a state mental or correctional institution, has been permanently deprived of his parental rights PARENTING FUNCTIONS and responsibilities for the care of the child and the right to have the child live with him THE PARENT and to be the legal custodian of the child by a court exercising juvenile jurisdiction, or has been deprived of his parental rights PARENTING FUNCTIONS and responsibilities for the care of the child and the right to have the child live with him THE PARENT and to be the legal custodian of the child by the appointment of a guardian of the person of the minor by the probate court or by any other court of competent jurisdiction.

Sec. 3105.21. (A) Upon satisfactory proof of the causes in the complaint for divorce, annulment, or legal separation, the court of common pleas shall make an order for the disposition, care, and maintenance of the children of the marriage, as is in their best interests, and in accordance with section 3109.04 SECTIONS 3109.40 TO 3109.62 of the Revised Code.

(B) Upon the failure of proof of the causes in the complaint, the court may make the order for the disposition, care, and maintenance of any dependent child of the marriage as is in the child's best interest, and in accordance with section 3109.04 of the Revised Code.

(C) Each order for child support made or modified under this section on or after December 31, 1993, shall include as part of the order a general provision, as described in division (A)(1) of section 3113.21 of the Revised Code, requiring the withholding or deduction of wages or assets of the obligor under the order as described in division (D) of section 3113.21 of the Revised Code, or another type of appropriate requirement as described in division (D)(6), (D)(7), or (H) of that section, to ensure that withholding or deduction from the wages or assets of the obligor is available from the commencement of the support order for collection of the support and of any arrearages that occur; a statement requiring all parties to the order to notify the child support enforcement agency in writing of their current mailing address, their current residence address, and any changes in either address; and a notice that the requirement to notify the agency of all changes in either address continues until further notice from the court. Any court of common pleas that makes or modifies an order for child support under this section on or after April 12, 1990, shall comply with sections 3113.21 to 3113.219 of the Revised Code. If any person required to pay child support under an order made under this section on or after April 15, 1985, or modified on or after December 1, 1986, is found in contempt of court for failure to make support payments under the order, the court that makes the finding, in addition to any other penalty or remedy imposed, shall assess all court costs arising out of the contempt proceeding against the person and require the person to pay any reasonable attorney's fees of any adverse party, as determined by the court, that arose in relation to the act of contempt.

(D) Notwithstanding section 3109.01 of the Revised Code, if a court issues a child support order under this section, the order shall remain in effect beyond the child's eighteenth birthday as long as the child continuously attends on a full-time basis any recognized and accredited high school. Any parent ordered to pay support under a child support order issued under this section shall continue to pay support under the order, including during seasonal vacation periods, until the order terminates.

Sec. 3105.63. (A)(1) A petition for dissolution of marriage shall be signed by both spouses and shall have attached and incorporated a separation agreement agreed to by both spouses. The separation agreement shall provide for a division of all property; spousal support; if there are minor children of the marriage, the allocation of parental rights PARENTING FUNCTIONS and responsibilities for the care of the minor children, the designation of a residential parent and legal custodian of the minor children PURSUANT TO SECTIONS 3109.40 TO 3109.62 of the Revised Code, AND child support, and visitation rights; and, if the spouses so desire, an authorization for the court to modify the amount or terms of spousal support provided in the separation agreement. If there are minor children of the marriage, the spouses may address the allocation of the parental rights and responsibilities for the care of the minor children by including in the separation agreement a plan under which both parents will have shared rights and responsibilities for the care of the minor children. The spouses shall file the plan with the petition for dissolution of marriage and shall include in the plan the provisions described in division (G) of section 3109.04 of the Revised Code.

(2) The division of property in the separation agreement shall include any participant account, as defined in section 145.71 of the Revised Code, of either of the spouses, to the extent of the following:

(a) The moneys that have been deferred by a continuing member or participating employee, as defined in that section, and that have been transmitted to the Ohio public employees deferred compensation board during the marriage and any income that is derived from the investment of those moneys during the marriage;

(b) The moneys that have been deferred by an officer or employee of a municipal corporation and that have been transmitted to the governing board, administrator, depository, or trustee of the deferred compensation program of the municipal corporation during the marriage and any income that is derived from the investment of those moneys during the marriage;

(c) The moneys that have been deferred by an officer or employee of a government unit, as defined in section 145.74 of the Revised Code, and that have been transmitted to the governing board, as defined in that section, during the marriage and any income that is derived from the investment of those moneys during the marriage.

(3) The separation agreement shall not require or permit the division or disbursement of the moneys and income described in division (A)(2) of this section to occur in a manner that is inconsistent with the law, rules, or plan governing the deferred compensation program involved or prior to the time that the spouse in whose name the participant account is maintained commences receipt of the moneys and income credited to the account in accordance with that law, rules, and plan.

(B) An amended separation agreement may be filed at any time prior to or during the hearing on the petition for dissolution of marriage. Upon receipt of a petition for dissolution of marriage, the court may cause an investigation to be made pursuant to the Rules of Civil Procedure.

(C) If a petition for dissolution of marriage contains an authorization for the court to modify the amount or terms of spousal support provided in the separation agreement, the modification shall be in accordance with section 3105.18 of the Revised Code.

Sec. 3105.65. (A) If, at the time of the hearing, either spouse is not satisfied with the separation agreement or does not wish a dissolution of the marriage and if neither spouse files a motion pursuant to division (C) of this section to convert the action to an action for divorce, the court shall dismiss the petition and refuse to validate the proposed separation agreement.

(B) If, upon review of the testimony of both spouses and of the report of the investigator pursuant to the Rules of Civil Procedure, the court approves the separation agreement and any amendments to it agreed upon by the parties, it shall grant a decree of dissolution of marriage that incorporates the separation agreement. If the separation agreement contains a plan for the exercise of shared parenting by the spouses, the THE court shall review the PARENTING plan INCLUDED IN THE SEPARATION AGREEMENT in accordance with the provisions of division (D)(1) of section 3109.04 SECTIONS 3109.40 TO 3109.62 of the Revised Code that govern the review of a pleading or motion requesting shared parenting jointly submitted by both spouses to a marriage PLANS. A decree of dissolution of marriage has the same effect upon the property rights of the parties, including rights of dower and inheritance, as a decree of divorce. The court has full power to enforce its decree and retains jurisdiction to modify all matters pertaining to the allocation of parental rights PARENTING FUNCTIONS and responsibilities for the care of the children, to the designation of a residential parent and legal custodian of the children, to child support, and to visitation UNDER A VISITATION ORDER ISSUED UNDER FORMER SECTION 3109.051 of the Revised Code. The court, only in accordance with division (E)(2) of section 3105.18 of the Revised Code, may modify the amount or terms of spousal support.

(C) At any time before a decree of dissolution of marriage has been granted under division (B) of this section, either spouse may convert the action for dissolution of marriage into a divorce action by filing a motion with the court in which the action for dissolution of marriage is pending for conversion of the action for dissolution of marriage. The motion shall contain a complaint for divorce that contains grounds for a divorce and that otherwise complies with the Rules of Civil Procedure and this chapter. The divorce action then shall proceed in accordance with the Rules of Civil Procedure in the same manner as if the motion had been the original complaint in the action, including, but not limited to, the issuance and service of summons pursuant to Civil Rules 4 to 4.6, except that no court fees shall be charged upon conversion of the action for dissolution of marriage into a divorce action under this division.

Sec. 3107.15. (A) A final decree of adoption and an interlocutory order of adoption that has become final as issued by a court of this state, or a decree issued by a jurisdiction outside this state as recognized pursuant to section 3107.18 of the Revised Code, shall have the following effects as to all matters within the jurisdiction or before a court of this state, whether issued before or after the effective date of this amendment MAY 30, 1996:

(1) Except with respect to a spouse of the petitioner and relatives of the spouse, to relieve the biological or other legal parents of the adopted person of all parental rights PARENTING FUNCTIONS and responsibilities, and to terminate all legal relationships between the adopted person and the adopted person's relatives, including the adopted person's biological or other legal parents, so that the adopted person thereafter is a stranger to the adopted person's former relatives for all purposes including inheritance and the interpretation or construction of documents, statutes, and instruments, whether executed before or after the adoption is decreed, which do not expressly include the person by name or by some designation not based on a parent and child or blood relationship;

(2) To create the relationship of parent and child between petitioner and the adopted person, as if the adopted person were a legitimate blood descendant of the petitioner, for all purposes including inheritance and applicability of statutes, documents, and instruments, whether executed before or after the adoption is decreed, and whether executed or created before or after the effective date of this amendment MAY 30, 1996, which do not expressly exclude an adopted person from their operation or effect.

(B) Notwithstanding division (A) of this section, if a parent of a child dies without the relationship of parent and child having been previously terminated and a spouse of the living parent thereafter adopts the child, the child's rights from or through the deceased parent for all purposes, including inheritance and applicability or construction of documents, statutes, and instruments, are not restricted or curtailed by the adoption.

(C) An interlocutory order of adoption, while it is in force, has the same legal effect as a final decree of adoption. If an interlocutory order of adoption is vacated, it shall be as though void from its issuance, and the rights, liabilities, and status of all affected persons that have not become vested are governed accordingly.

Sec. 3109.05. (A)(1) In a divorce, dissolution of marriage, legal separation, or child support proceeding, the court may order either or both parents to support or help support their children, without regard to marital misconduct. In determining the amount reasonable or necessary for child support, including the medical needs of the child, the court shall comply with sections 3113.21 to 3113.219 of the Revised Code.

(2) The court, in accordance with sections 3113.21 and 3113.217 of the Revised Code, shall include in each support order made under this section the requirement that one or both of the parents provide for the health care needs of the child to the satisfaction of the court, and the court shall include in the support order a requirement that all support payments be made through the child support enforcement agency.

(3) Each order for child support made or modified under this section on or after December 31, 1993, shall include as part of the order a general provision, as described in division (A)(1) of section 3113.21 of the Revised Code, requiring the withholding or deduction of wages or assets of the obligor under the order as described in division (D) or (H) of section 3113.21 of the Revised Code, or another type of appropriate requirement as described in division (D)(6), (D)(7), or (H) of that section, to ensure that withholding or deduction from the wages or assets of the obligor is available from the commencement of the support order for collection of the support and of any arrearages that occur; a statement requiring both parents to notify the child support enforcement agency in writing of their current mailing address; their current residence address, and any changes in either address, and a notice that the requirement to notify the agency of all changes in either address continues until further notice from the court. The court shall comply with sections 3113.21 to 3113.219 of the Revised Code when it makes or modifies an order for child support under this section.

(B) The juvenile court has exclusive jurisdiction to enter the orders in any case certified to it from another court.

(C) If any person required to pay child support under an order made under division (A) of this section on or after April 15, 1985, or modified on or after December 1, 1986, is found in contempt of court for failure to make support payments under the order, the court that makes the finding, in addition to any other penalty or remedy imposed, shall assess all court costs arising out of the contempt proceeding against the person and require the person to pay any reasonable attorney's fees of any adverse party, as determined by the court, that arose in relation to the act of contempt and, on or after July 1, 1992, shall assess interest on any unpaid amount of child support pursuant to section 3113.219 of the Revised Code.

(D) The court shall not authorize or permit the escrowing, impoundment, or withholding of any child support payment ordered under this section or any other section of the Revised Code because of a denial of or interference with a right of companionship or visitation granted in an order issued under this FORMER section 3109.051 OR 3109.12, section 3109.051 3109.59, 3109.11 3109.60, 3109.12 3109.61, or any other section of the Revised Code, or as a method of enforcing the specific provisions of any such order dealing with visitation.

(E) Notwithstanding section 3109.01 of the Revised Code, if a court issues a child support order under this section, the order shall remain in effect beyond the child's eighteenth birthday as long as the child continuously attends on a full-time basis any recognized and accredited high school. Any parent ordered to pay support under a child support order issued under this section shall continue to pay support under the order, including during seasonal vacation periods, until the order terminates.

Sec. 3109.09. (A) As used in this section, "parent" means one of the following:

(1) Both parents unless division (A)(2) or (3) of this section applies;

(2) The parent designated the residential parent and legal custodian pursuant to an order issued under FORMER section 3109.04 of the Revised Code that is not a shared parenting order;

(3) The custodial parent of a child born out of wedlock with respect to whom no custody order has been issued.

(B) Any owner of property, including any board of education of a city, local, exempted village, or joint vocational school district, may maintain a civil action to recover compensatory damages not exceeding ten thousand dollars and court costs from the parent of a minor if the minor willfully damages property belonging to the owner or commits acts cognizable as a "theft offense," as defined in section 2913.01 of the Revised Code, involving the property of the owner. The action may be joined with an action under Chapter 2737. of the Revised Code against the minor, or the minor and the minor's parent, to recover the property regardless of value, but any additional damages recovered from the parent pursuant to this section shall be limited to compensatory damages not exceeding ten thousand dollars, as authorized by this section. A finding of willful destruction of property or of committing acts cognizable as a theft offense is not dependent upon a prior finding that the child is a delinquent child or upon the child's conviction of any criminal offense.

(C)(1) If a court renders a judgment in favor of a board of education of a city, local, exempted village, or joint vocational school district in an action brought pursuant to division (B) of this section, if the board of education agrees to the parent's performance of community service in lieu of full payment of the judgment, and if the parent who is responsible for the payment of the judgment agrees to voluntarily participate in the performance of community service in lieu of full payment of the judgment, the court may order the parent to perform community service in lieu of providing full payment of the judgment.

(2) If a court, pursuant to division (C)(1) of this section, orders a parent to perform community service in lieu of providing full payment of a judgment, the court shall specify in its order the amount of the judgment, if any, to be paid by the parent, the type and number of hours of community service to be performed by the parent, and any other conditions necessary to carry out the order.

(D) This section shall not apply to a parent of a minor if the minor was married at the time of the commission of the acts or violations that would otherwise give rise to a civil action commenced under this section.

(E) Any action brought pursuant to this section shall be commenced and heard as in other civil actions.

(F) The monetary limitation upon compensatory damages set forth in this section does not apply to a civil action brought pursuant to section 2307.70 of the Revised Code.

Sec. 3109.21. As used in sections 3109.21 to 3109.37 of the Revised Code:

(A) "Contestant" means a parent of a child who claims a right to be the residential parent and legal custodian of the child or claims visitation rights PURSUANT TO AN ORDER ISSUED UNDER FORMER SECTION 3109.051 OR 3109.12 of the Revised Code OR AN ORDER ISSUED BY A COURT IN ANOTHER STATE with respect to the child, or a person, other than a parent of a child, who claims a right to custody or visitation rights with respect to the child.

(B) "Parenting determination" means a court decision and court orders and instructions that, in relation to the parents of a child, allocates parental rights PARENTING FUNCTIONS and responsibilities for the care of the child, including any designation of visitation rights PURSUANT TO AN ORDER ISSUED UNDER FORMER SECTION 3109.051 OR 3109.12 of the Revised Code OR AN ORDER ISSUED BY A COURT IN ANOTHER STATE, and designates a residential parent and legal custodian of the child or that, in relation to any other person, provides for the custody of a child, including visitation rights. It does not include a decision relating to child support or any other monetary obligation of any person.

(C) "Parenting proceeding" includes proceedings in which a parenting determination is one of several issues, such as an action for divorce or separation, and includes child neglect and dependency proceedings.

(D) "Decree" or "parenting decree" means a parenting determination contained in a judicial decree or order made in a parenting proceeding, and includes an initial decree and a modification decree.

(E) "Home state" means the state in which the child, immediately preceding the time involved, lived with his THE CHILD'S parents, a parent, or a person acting as parent, for at least six consecutive months, and in the case of a child less than six months old the state in which the child lived from birth with any of the persons mentioned. Periods of temporary absence of any of the named persons are counted as part of the six-month or other period.

(F) "Initial decree" means the first parenting decree concerning a particular child.

(G) "Modification decree" means a parenting decree that modifies or replaces a prior decree, whether made by the court that rendered the prior decree or by another court.

(H) "Physical custody" means actual possession and control of a child.

(I) "Person acting as parent" means a person, other than a parent, who has physical custody of a child and who either has been awarded custody by a court or claims a right to custody.

Sec. 3109.27. (A) Each party in a parenting proceeding, in the party's first pleading or in an affidavit attached to that pleading, shall give information under oath as to the child's present address, the places where the child has lived within the last five years, and the name and present address of each person with whom the child has lived during that period. In this pleading or affidavit, each party also shall include all of the following information:

(1) Whether the party has participated as a party, a witness, or in any other capacity in any other litigation, in this or any other state, that concerned the allocation, between the parents of the same child, of parental rights PARENTING FUNCTIONS and responsibilities for the care of the child and the designation of the residential parent and legal custodian of the child or that otherwise concerned the custody of the same child;

(2) Whether the party has information of any parenting proceeding concerning the child pending in a court of this or any other state;

(3) Whether the party knows of any person who is not a party to the proceeding and has physical custody of the child or claims to be a parent of the child who is designated the residential parent and legal custodian of the child or to have visitation rights PURSUANT TO AN ORDER ISSUED UNDER FORMER SECTION 3109.051 OR 3109.12 of the Revised Code OR AN ORDER ISSUED BY A COURT IN ANOTHER STATE with respect to the child or to be a person other than a parent of the child who has custody or visitation rights with respect to the child;

(4) Whether the party previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or a neglected child or previously has been determined, in a case in which a child has been adjudicated an abused child or a neglected child, to be the perpetrator of the abusive or neglectful act that was the basis of the adjudication.

(B) If the declaration under division (A)(1), (2), (3), or (4) of this section is in the affirmative, the court may require the declarant to give additional information under oath. The court may examine the parties under oath as to details of the information furnished and as to other matters pertinent to the court's jurisdiction and the disposition of the case.

(C) Each party has a continuing duty to inform the court of any parenting proceeding concerning the child in this or any other state of which the party obtained information during this proceeding.

(D) A public children services agency, acting pursuant to a complaint or an action on a complaint filed under section 2151.27 of the Revised Code, is not subject to the requirements of this section.

(E) As used in this section, "abused child" has the same meaning as in section 2151.031 of the Revised Code, and "neglected child" has the same meaning as in section 2151.03 of the Revised Code.

Sec. 3109.28. If the court learns from information furnished by the parties pursuant to section 3109.27 of the Revised Code or from other sources that a person not a party to the parenting proceeding has physical custody of the child, claims to be a parent of the child who has parental rights PARENTING FUNCTIONS and responsibilities for the care of the child and who has been designated the residential parent and legal custodian of the child, claims to be any other person with custody of the child, or claims to have visitation rights with respect to the child, it shall order that person to be joined as a party and to be duly notified of the pendency of the proceeding and of his THE PERSON'S joinder as a party. If the person joined as a party is outside this state he THE PERSON shall be served with process or otherwise notified in accordance with division (B) of section 3109.23 of the Revised Code.

Sec. 3109.34. (A) A court of this state may request the appropriate court of another state to hold a hearing to adduce evidence, to order a party to produce or give evidence under other procedures of that state, or to have social studies made with respect to the allocation of parental rights PARENTING FUNCTIONS and responsibilities for the care of a child involved in parenting proceedings pending in the court of this state, with respect to the designation of a parent as the residential parent and legal custodian of the child, and with respect to the custody of the child in any other person, and to forward to the court of this state certified copies of the transcript of the record of the hearing, the evidence otherwise adduced, or any social studies prepared in compliance with the request. The cost of the services may be assessed against the parties or, if necessary, paid from the county treasury and taxed as costs in the case.

(B) A court of this state may request the appropriate court of another state to order a party to parenting proceedings pending in the court of this state to appear in the proceedings, and if that party has physical custody of the child, to appear with the child. The request may state that travel and other necessary expenses of the party and of the child whose appearance is desired will be assessed against another party or will otherwise be paid.

In addition to other procedural devices available to a party, any party to a parenting proceeding or a guardian ad litem or other representative of the child may adduce testimony of witnesses, including parties and the child, by deposition or otherwise, in another state. The court on its own motion may direct that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony shall be taken.

Sec. 3109.40. (A) AS USED IN SECTIONS 3109.40 TO 3109.62 OF THE REVISED CODE:

(1) "PARENTING FUNCTIONS AND RESPONSIBILITIES" INCLUDES THE FOLLOWING:

(a) PROVIDING FOR THE PHYSICAL AND EMOTIONAL SAFETY AND WELL-BEING OF THE CHILD CONSISTENT WITH THE CHILD'S DEVELOPMENTAL LEVEL AND THE PARENT'S SOCIAL AND ECONOMIC CIRCUMSTANCES;

(b) MAINTAINING A LOVING, STABLE, CONSISTENT, AND NURTURING RELATIONSHIP WITH THE CHILD;

(c) RESPONSIBLY ATTENDING TO THE NEEDS OF THE CHILD FOR DISCIPLINE, SUPPORT, HEALTH, PERSONAL CARE, GROOMING, AND SUPERVISION;

(d) RESPONSIBLY ATTENDING TO THE CHILD'S NEED TO ENGAGE IN ACTIVITIES APPROPRIATE TO THE CHILD'S DEVELOPMENTAL LEVEL AND THE PARENT'S SOCIAL AND ECONOMIC CIRCUMSTANCES;

(e) AIDING THE CHILD'S EDUCATIONAL DEVELOPMENT;

(f) ASSISTING THE CHILD IN DEVELOPING APPROPRIATE INTERPERSONAL RELATIONSHIPS;

(g) EXERCISING APPROPRIATE JUDGMENT REGARDING THE CHILD'S WELFARE, CONSISTENT WITH THE CHILD'S DEVELOPMENTAL LEVEL AND THE PARENT'S SOCIAL AND ECONOMIC CIRCUMSTANCES.

(2) "EVALUATOR" MEANS A PERSON APPOINTED BY A COURT PURSUANT TO SECTION 3109.48 of the Revised Code.

(3) "FAMILY FILE" MEANS A SEPARATE FILE MAINTAINED BY THE COURT REGARDING ANY FAMILY WHOSE MEMBERS ARE PARTIES TO A CASE INVOLVING THE ALLOCATION OF PARENTING FUNCTIONS AND RESPONSIBILITIES. A FAMILY FILE MAY INCLUDE THE FAMILY'S HISTORY, THE COURT-APPOINTED EVALUATOR'S REPORT AND WORK NOTES FROM INTERVIEWS, PSYCHOLOGICAL OR PSYCHIATRIC EVALUATIONS, SUBSTANCE ABUSE EVALUATIONS OR TESTS, SCHOOL RECORDS, HEALTH RECORDS, RESULTS OF INQUIRIES MADE PURSUANT TO SECTION 3109.48 OF THE REVISED CODE, AND OTHER MATERIAL RELEVANT TO THE BEST INTERESTS OF A CHILD. A FAMILY FILE IS NOT A PUBLIC RECORD PURSUANT TO SECTION 149.43 OF THE REVISED CODE.

(4) "INTERIM PARENTING ORDER" MEANS AN ORDER ISSUED PURSUANT TO SECTION 3109.43 of the Revised Code.

(5) "MEDIATION ASSESSMENT" MEANS THE ASSESSMENT THAT MAY BE REQUIRED UNDER SECTION 3109.55 of the Revised Code.

(6) "MEDIATION PROCESS" MEANS THE PROCESS THAT MAY BE ESTABLISHED PURSUANT TO SECTION 3109.55 of the Revised Code.

(7) "PARENTING PLAN" MEANS A PLAN REQUIRED TO BE FILED WITH THE COURT UNDER SECTION 3109.42 of the Revised Code.

(B) FOR PURPOSES OF THE REVISED CODE:

(1) A PARENT WHO IS GRANTED THE CARE, CUSTODY, AND CONTROL OF A CHILD UNDER AN ORDER ISSUED PURSUANT TO FORMER SECTION 3109.04 OF THE REVISED CODE AS IT EXISTED PRIOR TO APRIL 11, 1991, THAT IS NOT A SHARED PARENTING ORDER HAS "CUSTODY OF THE CHILD" AND "CARE, CUSTODY, AND CONTROL" OF THE CHILD UNDER THE ORDER, IS THE "RESIDENTIAL PARENT," THE "RESIDENTIAL PARENT AND LEGAL CUSTODIAN," OR THE "CUSTODIAL PARENT" OF THE CHILD UNDER THE ORDER, AND IS THE "RESIDENTIAL PARENT FOR PURPOSES OF RECEIVING CHILD SUPPORT" UNDER THE ORDER.

(2) A PARENT WHO IS PRIMARILY ALLOCATED THE PARENTAL RIGHTS AND RESPONSIBILITIES FOR THE CARE OF A CHILD AND IS DESIGNATED AS THE RESIDENTIAL PARENT AND LEGAL CUSTODIAN OF THE CHILD UNDER AN ORDER ISSUED PURSUANT TO FORMER SECTION 3109.04 OF THE REVISED CODE ON OR AFTER APRIL 11, 1991, THAT IS NOT A SHARED PARENTING ORDER HAS "CUSTODY OF THE CHILD" AND "CARE, CUSTODY, AND CONTROL OF THE CHILD" UNDER THE ORDER, IS THE "RESIDENTIAL PARENT," THE "RESIDENTIAL PARENT AND LEGAL CUSTODIAN," OR THE "CUSTODIAL PARENT" OF THE CHILD UNDER THE ORDER, AND IS THE "RESIDENTIAL PARENT FOR PURPOSES OF RECEIVING CHILD SUPPORT" UNDER THE ORDER.

(3) A PARENT WHO, UNDER AN ORDER ISSUED PURSUANT TO FORMER SECTION 3109.04 OF THE REVISED CODE PRIOR TO APRIL 11, 1991, THAT IS NOT A SHARED PARENTING ORDER, IS NOT GRANTED CUSTODY OF A CHILD, IS THE "PARENT WHO IS NOT THE RESIDENTIAL PARENT," THE "PARENT WHO IS NOT THE RESIDENTIAL PARENT AND LEGAL CUSTODIAN," OR THE "NONCUSTODIAL PARENT," OF THE CHILD UNDER THE ORDER, OR IS THE "PARENT WHO IS NOT THE RESIDENTIAL PARENT FOR PURPOSES OF RECEIVING CHILD SUPPORT" OF THE CHILD UNDER THE ORDER.

(4) A PARENT WHO, UNDER AN ORDER ISSUED PURSUANT TO FORMER SECTION 3109.04 OF THE REVISED CODE ON OR AFTER APRIL 11, 1991, THAT IS NOT A SHARED PARENTING ORDER, IS NOT PRIMARILY ALLOCATED THE PARENTAL RIGHTS AND RESPONSIBILITIES FOR THE CARE OF A CHILD AND IS NOT DESIGNATED AS THE RESIDENTIAL PARENT AND LEGAL CUSTODIAN OF THE CHILD, IS THE "PARENT WHO IS NOT THE RESIDENTIAL PARENT," THE "PARENT WHO IS NOT THE RESIDENTIAL PARENT AND LEGAL CUSTODIAN," OR THE "NONCUSTODIAL PARENT," OF THE CHILD UNDER THE ORDER, OR IS THE "PARENT WHO IS NOT THE RESIDENTIAL PARENT FOR PURPOSES OF RECEIVING CHILD SUPPORT" UNDER THE ORDER.

(5) UNLESS THE CONTEXT CLEARLY REQUIRES OTHERWISE, IF A SHARED PARENTING ORDER HAS BEEN ISSUED, BOTH PARENTS HAVE "CUSTODY OF THE CHILD" OR "CARE, CUSTODY, AND CONTROL OF THE CHILD" UNDER THE ORDER, TO THE EXTENT AND IN THE MANNER SPECIFIED IN THE ORDER.

(6) UNLESS THE CONTEXT CLEARLY REQUIRES OTHERWISE AND EXCEPT AS OTHERWISE PROVIDED IN THE ORDER, IF A SHARED PARENTING ORDER HAS BEEN ISSUED, EACH PARENT, REGARDLESS OF WHERE THE CHILD IS PHYSICALLY LOCATED OR WITH WHOM THE CHILD IS RESIDING AT A PARTICULAR TIME, AS SPECIFIED IN THE ORDER, IS THE "RESIDENTIAL PARENT," THE "RESIDENTIAL PARENT AND LEGAL CUSTODIAN," OR THE "CUSTODIAL PARENT" OF THE CHILD.

(7) IF A SHARED PARENTING ORDER HAS BEEN ISSUED, THE PARENT TO WHOM CHILD SUPPORT IS REQUIRED TO BE PAID UNDER THE ORDER IS THE "RESIDENTIAL PARENT FOR PURPOSES OF RECEIVING CHILD SUPPORT" UNDER THE ORDER. THE PARENT REQUIRED TO PAY CHILD SUPPORT UNDER THE ORDER IS THE "PARENT WHO IS NOT THE RESIDENTIAL PARENT FOR PURPOSES OF RECEIVING CHILD SUPPORT" UNDER THE ORDER. THE DESIGNATION MADE IN DIVISION (B)(7) OF THIS SECTION OF ONE PARENT AS THE "RESIDENTIAL PARENT FOR PURPOSES OF RECEIVING CHILD SUPPORT" AND THE OTHER PARENT AS THE "PARENT WHO IS NOT THE RESIDENTIAL PARENT FOR PURPOSES OF RECEIVING CHILD SUPPORT" DOES NOT AFFECT THE DESIGNATION IN DIVISION (B)(6) OF THIS SECTION OF EACH PARENT AS THE "RESIDENTIAL PARENT," "RESIDENTIAL PARENT AND LEGAL CUSTODIAN," OR THE "CUSTODIAL PARENT" OF THE CHILD UNDER THE ORDER.

(8) UNLESS THE CONTEXT CLEARLY REQUIRES OTHERWISE AND EXCEPT AS OTHERWISE PROVIDED IN THE ORDER, A DESIGNATION IN THE ORDER OF A PARENT AS THE RESIDENTIAL PARENT FOR THE PURPOSE OF DETERMINING THE SCHOOL THE CHILD ATTENDS, A PARENT AS THE CUSTODIAL PARENT FOR PURPOSES OF CLAIMING THE CHILD AS A DEPENDENT PURSUANT TO SECTION 152(e) OF THE "INTERNAL REVENUE CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A. 1, AS AMENDED, OR ONE OF THE PARENTS' RESIDENCES AS THE CHILD'S HOME FOR PURPOSES OF RECEIVING PUBLIC ASSISTANCE, DOES NOT AFFECT THE DESIGNATION PURSUANT TO DIVISION (B)(6) OF THIS SECTION OF EACH PARENT AS THE "RESIDENTIAL PARENT," "RESIDENTIAL PARENT AND LEGAL CUSTODIAN," OR THE "CUSTODIAL PARENT" OF THE CHILD UNDER THE ORDER.

(9) THE FOLLOWING DESIGNATIONS IN A PARENTING DECREE ISSUED PURSUANT TO DIVISION (A)(1) OR (2) OF SECTION 3109.49 OF THE REVISED CODE OR INTERIM PARENTING ORDER DO NOT AFFECT THE DESIGNATION REQUIRED UNDER SECTION 3109.44 OF THE REVISED CODE OF EACH PARENT AS THE "RESIDENTIAL PARENT," THE "RESIDENTIAL PARENT AND LEGAL CUSTODIAN," OR THE "CUSTODIAL PARENT" OF THE CHILD:

(a) DESIGNATION OF A PARENT AS THE RESIDENTIAL PARENT FOR THE PURPOSE OF DETERMINING THE SCHOOL THE CHILD ATTENDS;

(b) DESIGNATION OF A PARENT AS THE CUSTODIAL PARENT FOR PURPOSES OF CLAIMING THE CHILD AS A DEPENDENT PURSUANT TO SECTION 151 OF THE "INTERNAL REVENUE CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A. 1, AS AMENDED;

(c) DESIGNATION OF ONE OF THE PARENTS' RESIDENCES AS THE CHILD'S HOME FOR PURPOSES OF RECEIVING PUBLIC ASSISTANCE;

(d) DESIGNATION OF A PARENT AS RESIDENTIAL PARENT FOR PURPOSES OF RECEIVING CHILD SUPPORT;

(e) DESIGNATION OF A PARENT AS THE RESIDENTIAL PARENT FOR ANY OTHER PURPOSE, INCLUDING THE ENFORCEMENT OF AN INTERNATIONAL TREATY AND STATE AND FEDERAL CRIMINAL LAWS;

(f) DESIGNATION OF THE PARENT RESPONSIBLE FOR THE PROVISION OF HEALTH, DENTAL, AND VISION INSURANCE FOR THE CHILD.

(10) "SHARED PARENTING ORDER" MEANS AN ORDER ISSUED UNDER FORMER SECTION 3109.04 OF THE REVISED CODE THAT ALLOCATES TO BOTH PARENTS THE PARENTAL RIGHTS AND RESPONSIBILITIES FOR THE CARE OF THE CHILD AND REQUIRES THEM TO SHARE ALL OR SOME OF THE PHYSICAL AND LEGAL CARE OF THE CHILD. "SHARED PARENTING ORDER" INCLUDES AN ORDER ISSUED UNDER FORMER SECTION 3109.04 of the Revised Code AS IT EXISTED PRIOR TO APRIL 11, 1991, THAT GRANTS JOINT CUSTODY, CARE, AND CONTROL OF A CHILD.

Sec. 3109.401. (A) THE GENERAL ASSEMBLY FINDS THE FOLLOWING:

(1) THAT THE PARENT AND CHILD RELATIONSHIP IS OF FUNDAMENTAL IMPORTANCE TO THE WELFARE OF A CHILD, AND THAT THE RELATIONSHIP BETWEEN A CHILD AND EACH PARENT SHOULD BE FOSTERED UNLESS INCONSISTENT WITH THE CHILD'S BEST INTERESTS;

(2) THAT PARENTS HAVE THE RESPONSIBILITY TO MAKE DECISIONS AND PERFORM OTHER PARENTING FUNCTIONS NECESSARY FOR THE CARE AND GROWTH OF THEIR CHILDREN;

(3) THAT THE COURTS, WHEN ALLOCATING PARENTING FUNCTIONS AND RESPONSIBILITIES WITH RESPECT TO THE CHILD IN A DIVORCE, DISSOLUTION, LEGAL SEPARATION, ANNULMENT, OR ANY OTHER PROCEEDING ADDRESSING THE ALLOCATION OF PARENTAL FUNCTIONS AND RESPONSIBILITIES, MUST DETERMINE THE CHILD'S BEST INTERESTS;

(4) THAT THE COURTS AND PARENTS MUST TAKE INTO CONSIDERATION THE FOLLOWING GENERAL PRINCIPLES WHEN ALLOCATING PARENTING FUNCTIONS AND RESPONSIBILITIES AND DEVELOPING APPROPRIATE TERMS FOR PARENTING PLANS:

(a) CHILDREN ARE SERVED BY A PARENTING ARRANGEMENT THAT BEST PROVIDES FOR A CHILD'S SAFETY, EMOTIONAL GROWTH, HEALTH, STABILITY, AND PHYSICAL CARE;

(b) EXPOSURE OF THE CHILD TO HARMFUL PARENTAL CONFLICT SHOULD BE MINIMIZED AS MUCH AS POSSIBLE;

(c) WHENEVER APPROPRIATE, PARENTS SHOULD BE ENCOURAGED TO MEET THEIR RESPONSIBILITIES TO THEIR CHILDREN THROUGH AGREEMENTS RATHER THAN BY RELYING ON JUDICIAL INTERVENTION;

(d) WHEN A PARENTING PLAN PROVIDES FOR MUTUAL DECISION-MAKING RESPONSIBILITY BY THE PARENTS BUT THEY ARE UNABLE TO MAKE DECISIONS MUTUALLY, THEY SHOULD MAKE A GOOD FAITH EFFORT TO UTILIZE THE MEDIATION PROCESS, AS REQUIRED BY THE PARENTING PLAN;

(e) IN APPORTIONING BETWEEN THE PARENTS THE DAILY PHYSICAL LIVING ARRANGEMENTS OF THE CHILD AND THE CHILD'S LOCATION DURING LEGAL AND SCHOOL HOLIDAYS, VACATIONS, AND DAYS OF SPECIAL IMPORTANCE, A COURT MAY NOT ADOPT, PROMULGATE, OR APPLY ANY TYPE OF STANDARD SCHEDULE.

(B) IT IS, THEREFORE, THE PURPOSE OF SECTIONS 3109.40 TO 3109.62 OF THE REVISED CODE, WHEN IT IS IN THE CHILD'S BEST INTEREST, TO FOSTER THE RELATIONSHIP BETWEEN THE CHILD AND EACH PARENT WHEN A COURT ALLOCATES PARENTING FUNCTIONS AND RESPONSIBILITIES WITH RESPECT TO THE CHILD IN A DIVORCE, DISSOLUTION, LEGAL SEPARATION, ANNULMENT, OR ANY OTHER PROCEEDING ADDRESSING THE ALLOCATION OF PARENTAL FUNCTIONS AND RESPONSIBILITIES.

Sec. 3109.03 3109.41. When husband and wife are living separate and apart from each other, or are divorced, and the question as to the parental rights PARENTING FUNCTIONS and responsibilities for the care of their children and the place of residence and legal custodian of their children is brought before a court of competent jurisdiction, they shall stand upon an equality as to the parental rights PARENTING FUNCTIONS and responsibilities for the care of their children and the place of residence and legal custodian of their children, so far as parenthood is involved.

Sec. 3109.42. (A) AT THE TIME OF FILING A PETITION FOR DISSOLUTION OF A MARRIAGE THAT INVOLVES ONE OR MORE MINOR CHILDREN, THE PARTIES TO THE ACTION SHALL JOINTLY FILE WITH THE COURT A PROPOSED JOINT PARENTING PLAN FOR THE CHILDREN OF THE MARRIAGE THAT SETS FORTH THE ALLOCATION OF THEIR PARENTING FUNCTIONS AND RESPONSIBILITIES PURSUANT TO SECTION 3109.44 OF THE REVISED CODE.

(B) A PARTY WHO FILES A COMPLAINT IN AN ACTION FOR DIVORCE, LEGAL SEPARATION, OR ANNULMENT, OR FOR THE ALLOCATION OF PARENTING FUNCTIONS AND RESPONSIBILITIES WITH RESPECT TO A CHILD PURSUANT TO SECTION 3109.62 OF THE REVISED CODE OR ANY OTHER SECTION OF THE REVISED CODE, SHALL FILE WITH THE COURT A PROPOSED PARENTING PLAN THAT MAKES THE ALLOCATION OF PARENTING FUNCTIONS AND RESPONSIBILITIES FOR THE CARE OF THE CHILDREN REQUIRED PURSUANT TO SECTION 3109.44 OF THE REVISED CODE. THE PLAN SHALL BE FILED WITH THE COURT AT THE TIME THE COMPLAINT IS FILED, EXCEPT THAT, FOR GOOD CAUSE SHOWN, THE COURT MAY GRANT ONE FOURTEEN-DAY EXTENSION. AT THE TIME OF FILING THE PLAN, THE PARTY SHALL SERVE A COPY OF IT, ACCOMPANIED BY THE NOTICE DESCRIBED IN DIVISION (C) OF THIS SECTION, ON THE OTHER PARENT WHO IS A PARTY TO THE ACTION.

THE RESPONDING PARTY MAY FILE WITH THE COURT A SEPARATE PROPOSED PARENTING PLAN. THE PLAN MUST MAKE AN ALLOCATION OF PARENTING FUNCTIONS AND RESPONSIBILITIES FOR THE CARE OF THE CHILDREN REQUIRED UNDER SECTION 3109.44 OF THE REVISED CODE. THE PLAN MUST BE FILED WITH THE COURT NOT LATER THAN TWENTY-EIGHT DAYS AFTER THE DAY THE RESPONDING PARTY WAS SERVED THE ORIGINAL PROPOSED PARENTING PLAN, EXCEPT THAT FOR GOOD CAUSE SHOWN THE COURT MAY GRANT ONE FOURTEEN-DAY EXTENSION. IF THE RESPONDING PARTY FAILS TO FILE A SEPARATE PROPOSED PARENTING PLAN NOT LATER THAN FORTY-TWO DAYS AFTER BEING SERVED THE ORIGINAL PROPOSED PLAN, THE RESPONDING PARTY SHALL BE CONSIDERED TO BE IN AGREEMENT WITH THE ORIGINAL PROPOSED PLAN AND THE COURT SHALL TREAT THE ORIGINAL PROPOSED PLAN AS A JOINT PARENTING PLAN FILED UNDER DIVISION (A) OF THIS SECTION AND REVIEW IT UNDER DIVISION (E)(1) OF THIS SECTION.

(C) A PARTY WHO FILES A PROPOSED PARENTING PLAN PURSUANT TO DIVISION (B) OF THIS SECTION SHALL SERVE THE FOLLOWING NOTICE ON THE OTHER PARENT AT THE TIME THE PROPOSED PARENTING PLAN IS SERVED ON THAT PARENT:

"YOU HAVE TWENTY-EIGHT DAYS AFTER THE DATE OF SERVICE OF THE PROPOSED PARENTING PLAN TO FILE WITH THE CLERK OF COURTS YOUR OWN PROPOSED PARENTING PLAN FOR THE COURT TO APPROVE AND INCORPORATE INTO A PARENTING DECREE. FOR GOOD CAUSE SHOWN, THE COURT MAY GRANT YOU ONE EXTENSION OF FOURTEEN DAYS FOR THE FILING OF YOUR PROPOSED PARENTING PLAN. IF YOU DO NOT FILE YOUR OWN PROPOSED PARENTING PLAN, THE FAILURE TO FILE CREATES A REBUTTABLE PRESUMPTION THAT YOU AGREE THAT THE PROPOSED PARENTING PLAN SERVED ON YOU IS IN THE BEST INTEREST OF EACH CHILD.

IF THE ACTION IS FOR DIVORCE, LEGAL SEPARATION, OR ANNULMENT YOU MAY ASK THE COURT TO ISSUE AN INTERIM PARENTING ORDER IN YOUR ANSWER OR COUNTERCLAIM OR BY MOTION SERVED WITH THE PLEADING, OR YOU MAY RESPOND TO A REQUEST MADE FOR AN INTERIM PARENTING ORDER BY FILING A COUNTER AFFIDAVIT, PURSUANT TO CIVIL RULE 75 AND SECTION 3109.43 OF THE REVISED CODE. AN ANSWER, COUNTERCLAIM, OR MOTION FILED WITH A PLEADING THAT INCLUDES A REQUEST FOR AN INTERIM PARENTING ORDER MUST SET FORTH THE TERMS OF THE INTERIM PARENTING PLAN AND BE ACCOMPANIED BY BOTH OF THE FOLLOWING:

(1) AN AFFIDAVIT IN SUPPORT OF THE ANSWER, COUNTERCLAIM, OR MOTION THAT CONTAINS THE FOLLOWING INFORMATION:

(a) THE NATURE AND EXTENT OF THE PARENTING FUNCTIONS AND RESPONSIBILITIES PERFORMED BY YOU AND THE OTHER PARENT DURING THE TWELVE MONTHS PRIOR TO THE FILING OF THE MOTION;

(b) THE RESIDENTIAL, EMPLOYMENT, AND ACTIVITY SCHEDULES OF YOU AND THE OTHER PARENT, AND THE DAY-CARE, SCHOOL, AND ACTIVITY SCHEDULE OF EACH CHILD FOR THE TWELVE MONTHS PRIOR TO THE FILING OF THE MOTION;

(c) ANY ANTICIPATED CHANGES IN YOUR OR THE OTHER PARENT'S RESIDENTIAL, EMPLOYMENT, AND ACTIVITY SCHEDULES, AND THE ANTICIPATED DAY-CARE, SCHOOL, AND ACTIVITY SCHEDULES OF EACH CHILD DURING THE NEXT SIX MONTHS;

(d) FACTS RELATED TO THE EXISTENCE OF ANY OF THE FACTORS SET FORTH IN SECTION 3109.50 OF THE REVISED CODE THAT COULD POSE A SERIOUS RISK OF HARM TO THE CHILD OR WARRANT LIMITATION OR RESTRICTION OF A PARENT'S TIME WITH A CHILD, OR ANY OTHER LIMITATION OR RESTRICTION;

(2) THE APPROPRIATE CHILD SUPPORT WORKSHEET UNDER DIVISION (E) OR (F) OF SECTION 3113.215 OF THE REVISED CODE THAT HAS BEEN COMPLETED, SIGNED BY YOU AND THE OTHER PARENT, AND NOTARIZED."

(D) A PROPOSED PARENTING PLAN MUST BE SIGNED BY THE PARTY PROPOSING IT AND INCLUDE A STATEMENT THAT THE TERMS OF THE PLAN ARE BEING PROPOSED IN GOOD FAITH.

(E) ON THE FILING OF A PARENTING PLAN PURSUANT TO THIS SECTION, THE COURT SHALL COMPLY WITH DIVISION (E)(1) OR (2) OF THIS SECTION, WHICHEVER IS APPLICABLE:

(1) IF THE PLAN IS A JOINT PARENTING PLAN UNDER DIVISION (A) OF THIS SECTION, THE COURT SHALL REVIEW THE PLAN TO DETERMINE WHETHER IT IS IN THE BEST INTEREST OF THE CHILDREN. THE COURT SHALL APPROVE THE PLAN IF IT DETERMINES THAT THE PLAN IS IN THE BEST INTEREST OF THE CHILDREN. IF IT DETERMINES THAT THE PLAN OR ANY PART OF THE PLAN IS NOT IN THE BEST INTEREST OF THE CHILDREN, THE COURT SHALL REQUIRE THE PARENTS TO MAKE REVISIONS TO MEET THE COURT'S OBJECTIONS. IF THE REVISED PLAN IS IN THE BEST INTEREST OF THE CHILDREN, THE COURT SHALL APPROVE IT. IF THE REVISIONS ARE NOT MADE OR THE COURT DETERMINES THAT THE REVISED PLAN OR ANY PART OF THE REVISED PLAN IS NOT IN THE BEST INTEREST OF THE CHILDREN, THE COURT MAY REJECT THE PLAN.

PARENTS MAY JOINTLY PROPOSE REVISIONS TO A PLAN THAT ARE NOT REQUIRED BY THE COURT BY JOINTLY FILING COPIES OF THE PROPOSED REVISIONS WITH THE COURT. THE PROPOSED REVISIONS SHALL BE FILED NO LATER THAN THIRTY DAYS PRIOR TO THE FIRST DAY OF THE FINAL HEARING ON THE ALLOCATION OF PARENTING FUNCTIONS AND RESPONSIBILITIES. THE COURT SHALL NOT APPROVE A PLAN UNDER THIS DIVISION UNLESS IT DETERMINES THAT THE PLAN IS IN THE BEST INTEREST OF THE CHILDREN.

(2) IF EACH PARENT PROPOSES A PARENTING PLAN PURSUANT TO DIVISION (B) OF THIS SECTION, THE COURT SHALL REVIEW EACH PLAN TO DETERMINE WHETHER EITHER IS IN THE BEST INTEREST OF THE CHILDREN. IF IT DETERMINES THAT ONE OF THE PLANS IS IN THE BEST INTEREST OF THE CHILDREN, THE COURT MAY APPROVE THE PLAN. IF IT DETERMINES THAT NEITHER PLAN IS IN THE BEST INTEREST OF THE CHILDREN, THE COURT MAY ORDER EACH PARENT TO SUBMIT APPROPRIATE REVISIONS TO THE PARENT'S PLAN OR BOTH OF THE PLANS TO MEET THE COURT'S OBJECTIONS, OR MAY SELECT ONE OF THE PLANS AND ORDER EACH PARENT TO SUBMIT REVISIONS TO THE SELECTED PLAN TO MEET THE COURT'S OBJECTIONS. IF REVISIONS TO THE PLAN ARE SUBMITTED TO MEET THE COURT'S OBJECTIONS AND ONE OF THE REVISED PLANS IS IN THE BEST INTEREST OF THE CHILDREN, THE COURT MAY APPROVE THE PLAN WITH THE REVISIONS. IF REVISIONS ARE NOT MADE, OR THE COURT DETERMINES THAT NEITHER OF THE REVISED PLANS IS IN THE BEST INTEREST OF THE CHILDREN, THE COURT MAY REJECT THE PROPOSED PLANS. WHEN THE COURT APPROVES A PLAN UNDER DIVISION (E)(2) OF THIS SECTION, EITHER AS ORIGINALLY FILED OR AS REVISED, OR REJECTS THE PARENTS' PROPOSED PLANS, THE COURT SHALL ENTER IN THE RECORD OF THE CASE FINDINGS OF FACT AND CONCLUSIONS OF LAW AS TO THE REASONS FOR THE APPROVAL OR REJECTION. A PARENT MAY PROPOSE CHANGES THAT ARE NOT REQUIRED BY THE COURT TO THE PARENT'S PLAN BY FILING COPIES OF THE PROPOSED CHANGES WITH THE COURT AND SERVING THEM ON THE OTHER PARENT. THE PROPOSED CHANGES SHALL BE FILED AND SERVED NO LATER THAN THIRTY DAYS PRIOR TO THE FIRST DAY OF THE FINAL HEARING ON THE ALLOCATION OF PARENTING FUNCTIONS AND RESPONSIBILITIES.

THE APPROVAL OF A PLAN UNDER DIVISION (E)(2) OF THIS SECTION IS DISCRETIONARY WITH THE COURT. THE COURT SHALL NOT APPROVE MORE THAN ONE PLAN AND SHALL NOT APPROVE A PLAN UNLESS IT DETERMINES THAT THE PLAN IS IN THE BEST INTEREST OF THE CHILDREN. IF THE COURT DOES NOT DETERMINE THAT ANY FILED PLAN OR ANY REVISED PLAN IS IN THE BEST INTEREST OF THE CHILDREN, THE COURT SHALL APPROVE A PLAN OF ITS OWN DEVISING THAT COMPLIES WITH SECTION 3109.44 OF THE REVISED CODE.

Sec. 3109.43. (A) A PLEADING OR MOTION REQUESTING THE ISSUANCE OF AN INTERIM PARENTING ORDER SHALL SPECIFY EITHER THAT THE PARTY MAKING THE REQUEST ASKS THE COURT TO ADOPT THE PARTY'S PROPOSED PARENTING PLAN AS THE INTERIM PARENTING ORDER OR THAT THE PARTY ASKS THE COURT TO ISSUE AN ORDER CONTAINING PROVISIONS SPECIFIED IN THE MOTION.

THE PLEADING OR MOTION MUST BE ACCOMPANIED BY BOTH OF THE FOLLOWING:

(1) AN AFFIDAVIT THAT CONTAINS THE FOLLOWING INFORMATION:

(a) THE NATURE AND EXTENT OF THE PARENTING FUNCTIONS AND RESPONSIBILITIES PERFORMED BY THE PARTY AND THE OTHER PARENT DURING THE TWELVE MONTHS PRIOR TO THE FILING OF THE MOTION OR PLEADING;

(b) THE RESIDENTIAL, EMPLOYMENT, AND ACTIVITY SCHEDULES OF THE PARTY AND THE OTHER PARENT, AND THE DAY-CARE, SCHOOL, AND ACTIVITY SCHEDULE OF EACH CHILD FOR THE TWELVE MONTHS PRIOR TO THE FILING OF THE MOTION OR PLEADING;

(c) ANY ANTICIPATED CHANGES IN THE RESIDENTIAL, EMPLOYMENT, AND ACTIVITY SCHEDULES OF THE PARTY AND THE OTHER PARENT, AND THE ANTICIPATED DAY-CARE, SCHOOL, AND ACTIVITY SCHEDULES OF EACH CHILD DURING THE NEXT SIX MONTHS;

(d) FACTS RELATED TO THE EXISTENCE OF ANY OF THE FACTORS SET FORTH IN SECTION 3109.50 OF THE REVISED CODE THAT COULD POSE A SERIOUS RISK OF HARM TO THE CHILD OR WARRANT LIMITATION OR RESTRICTION OF A PARENT'S TIME WITH A CHILD, OR ANY OTHER LIMITATION OR RESTRICTION;

(2) THE APPROPRIATE CHILD SUPPORT WORKSHEET UNDER DIVISION (E) OR (F) OF SECTION 3113.215 OF THE REVISED CODE THAT HAS BEEN COMPLETED, SIGNED BY BOTH PARTIES, AND NOTARIZED.

(B) NO LATER THAN FOURTEEN DAYS AFTER A PLEADING OR MOTION REQUESTING THAT AN INTERIM PARENTING ORDER BE ISSUED IS SERVED, THE OTHER PARTY MAY FILE WITH THE COURT A COUNTER AFFIDAVIT. THE COUNTER AFFIDAVIT SHALL COMPLY WITH THE REQUIREMENTS OF DIVISION (A)(1) OF THIS SECTION, UNLESS THE PARTY FILING THE COUNTER AFFIDAVIT PREVIOUSLY ASKED THE COURT TO ISSUE AN INTERIM PARENTING ORDER IN THE PROCEEDING AND THE REQUEST IS PENDING. NO LATER THAN SEVEN DAYS AFTER A COUNTER AFFIDAVIT IS FILED, BOTH PARTIES MAY FILE ADDITIONAL AFFIDAVITS ADDRESSING THE ISSUES RAISED IN THE COUNTER AFFIDAVIT. THE COURT, ON GOOD CAUSE SHOWN, MAY GRANT AN ADDITIONAL SEVEN DAYS TO EITHER OR BOTH PARTIES TO FILE ADDITIONAL AFFIDAVITS. THE COURT SHALL ISSUE AN INTERIM PARENTING ORDER THAT IS IN THE BEST INTEREST OF THE CHILD NO LATER THAN FORTY-TWO DAYS AFTER THE DATE OF SERVICE OF THE FIRST PLEADING OR MOTION IN THE PROCEEDING REQUESTING THE COURT TO ISSUE AN INTERIM PARENTING ORDER. IF BOTH PARTIES REQUEST THE ISSUANCE OF AN INTERIM PARENTING ORDER, THE COURT SHALL NOT ISSUE AN ORDER UNTIL AFTER EXPIRATION OF ALL TIME PERIODS DURING WHICH THE PARTIES MAY FILE AFFIDAVITS. IF ONLY ONE PARENT REQUESTS THE ISSUANCE OF AN INTERIM PARENTING ORDER, THE COURT MAY ISSUE AN ORDER FOURTEEN DAYS AFTER SERVICE OF THE PLEADING OR MOTION REQUESTING THE ISSUANCE OF THE INTERIM PARENTING ORDER. AT ANY TIME PRIOR TO THE ISSUANCE OF A FINAL PARENTING ORDER IN THE PROCEEDING, THE PARTIES MAY SUBMIT AN AGREED INTERIM PARENTING ORDER FOR THE COURT'S CONSIDERATION AND APPROVAL.

(C) ON THE REQUEST OF EITHER OR BOTH PARENTS OR WHENEVER THE COURT DETERMINES IT IS IN THE BEST INTEREST OF THE CHILD, THE COURT SHALL MODIFY THE INTERIM PARENTING ORDER IF THE MODIFICATIONS COMPLY WITH THE REQUIREMENTS OF SECTION 3109.44 OF THE REVISED CODE AND ARE IN THE BEST INTEREST OF THE CHILD.

Sec. 3109.44. (A) A PROPOSED PARENTING PLAN AND PARENTING DECREE, OR AN INTERIM PARENTING ORDER SHALL MAKE THE ALLOCATION, BETWEEN THE PARENTS, OF THE PARENTING FUNCTIONS AND RESPONSIBILITIES FOR THE CARE OF THE CHILD BY INCLUDING PROVISIONS THAT DO THE FOLLOWING:

(1) APPORTION BETWEEN THE PARENTS THE DAILY PHYSICAL LIVING ARRANGEMENTS OF THE CHILD;

(2) DESIGNATE THE CHILD'S PHYSICAL LOCATION DURING LEGAL AND SCHOOL HOLIDAYS, VACATIONS, AND DAYS OF SPECIAL IMPORTANCE;

(3) ASSIGN DUTIES TO TRANSPORT THE CHILD BETWEEN EACH PARENT'S RESIDENCE AND TO SPECIAL ACTIVITIES OR FUNCTIONS IN WHICH THE CHILD IS PARTICIPATING;

(4) PROVIDE FOR COMMUNICATION WITH THE PARENT WITH WHOM THE CHILD IS NOT CURRENTLY RESIDING;

(5) DETERMINE EACH PARENT'S CHILD SUPPORT OBLIGATION PURSUANT TO SECTIONS 3113.21 TO 3113.219 OF THE REVISED CODE;

(6) DESIGNATE ONE PARENT AS THE RESIDENTIAL PARENT FOR PURPOSES OF RECEIVING CHILD SUPPORT;

(7) DESIGNATE THE PARENT REQUIRED TO PAY HEALTH INSURANCE PURSUANT TO SECTION 3113.217 OF THE REVISED CODE, VISION INSURANCE, AND DENTAL INSURANCE FOR THE CHILD;

(8) DETERMINE EACH PARENT'S RESPONSIBILITY TO PAY FOR HEALTH, DENTAL, OR VISION CARE EXPENSES FOR THE CHILD THAT ARE NOT COVERED BY INSURANCE;

(9) DETERMINE THE SCHOOL THE CHILD WILL ATTEND AND DESIGNATE ONE PARENT AS THE RESIDENTIAL PARENT FOR PURPOSES OF DETERMINING THE SCHOOL THE CHILD ATTENDS;

(10) DETERMINE THE CHILD'S PARTICIPATION IN EXTRACURRICULAR ACTIVITIES;

(11) ASSIGN DUTIES CONCERNING ARRANGEMENTS FOR CHILD CARE AND ALLOCATE THE CHILD CARE COSTS BETWEEN THE PARENTS;

(12) ALLOCATE BETWEEN THE PARENTS THE RESPONSIBILITY AND AUTHORITY TO MAKE DECISIONS CONCERNING THE CHILD'S HEALTH CARE, EDUCATION, RELIGIOUS TRAINING, EXTRACURRICULAR ACTIVITIES, GROOMING, PERSONAL CARE, DISCIPLINE, PRIVILEGES, SUPERVISION, AND ANY OTHER MATTERS RELATED TO THE CHILD'S WELFARE;

(13) DESIGNATE ONE PARENT AS THE PARENT WHO MAY CLAIM THE CHILD AS A DEPENDENT FOR FEDERAL INCOME TAX PURPOSES AS SET FORTH IN SECTION 151 OF THE "INTERNAL REVENUE CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A. 1, AS AMENDED;

(14) PROVIDE PURSUANT TO SECTION 3109.56 of the Revised Code FOR PARENTAL ACCESS TO ALL RECORDS PERTAINING TO THE CHILD, THE CHILD'S SCHOOL ACTIVITIES, AND THE DAY CARE CENTER ATTENDED BY THE CHILD;

(15) REQUIRE MEDIATION PURSUANT TO SECTION 3109.55 OF THE REVISED CODE OF DISPUTES BETWEEN THE PARENTS REGARDING THE PARENTING FUNCTIONS AND RESPONSIBILITIES UNDER THE PARENTING DECREE.

(B) EACH PROPOSED PARENTING PLAN AND DECREE AND INTERIM PARENTING ORDER SHALL INCLUDE, IF NECESSARY FOR THE PURPOSES OF RECEIVING PUBLIC ASSISTANCE, A PROVISION DESIGNATING THE RESIDENCE OF ONE OF THE PARENTS AS THE CHILD'S HOME. AN ALLOCATION OF PARENTING FUNCTIONS AND RESPONSIBILITIES MADE UNDER DIVISION (A) OF THIS SECTION IS SUBJECT TO ANY LIMITATION PLACED ON EITHER PARENT PURSUANT TO SECTION 3109.50 OF THE REVISED CODE

(C) NOTWITHSTANDING THE ALLOCATION OF PARENTING FUNCTIONS AND RESPONSIBILITIES MADE PURSUANT TO DIVISIONS (A) AND (B) OF THIS SECTION AND EXCEPT AS LIMITED BY A COURT PURSUANT TO SECTION 3109.50 OF THE REVISED CODE, A PARENTING PLAN OR DECREE OR INTERIM PARENTING ORDER SHALL DESIGNATE BOTH PARENTS AS THE RESIDENTIAL PARENT AND LEGAL CUSTODIAN OF THE CHILD, THE RESIDENTIAL PARENT, OR THE CUSTODIAL PARENT AND SHALL CONTAIN A PROVISION PERMITTING EITHER PARENT TO EXERCISE ALL THE AUTHORITY THAT A PARENT MAY EXERCISE PURSUANT TO LAW AND MAKE ALL DECISIONS CONCERNING THE CHILD'S HEALTH AND SAFETY, INCLUDING EMERGENCY DECISIONS.

Sec. 3109.45. (A) THE COURT SHALL TAKE INTO ACCOUNT THE BEST INTEREST OF THE CHILD WHEN MAKING THE ALLOCATION OF PARENTING FUNCTIONS AND RESPONSIBILITIES IN A DIVORCE, DISSOLUTION, LEGAL SEPARATION, OR ANNULMENT PROCEEDING; A PROCEEDING UNDER SECTION 3109.43 of the Revised Code FOR THE ISSUANCE OF AN INTERIM PARENTING ORDER; A PROCEEDING UNDER SECTION 3109.62 OF THE REVISED CODE OR ANY OTHER ORIGINAL PROCEEDING; A PROCEEDING UNDER SECTION 3109.51 OF THE REVISED CODE FOR MODIFICATION OF A PRIOR DECREE OR ORDER MAKING THE ALLOCATION; OR A RELOCATION PROCEEDING UNDER SECTION 3109.57 OF THE REVISED CODE. IN DETERMINING THE CHILD'S BEST INTEREST, THE COURT SHALL CONSIDER ALL RELEVANT FACTORS, INCLUDING:

(1) THE WISHES OF THE CHILD'S PARENTS REGARDING THE CHILD'S CARE, INCLUDING ANY ORAL OR WRITTEN AGREEMENT KNOWINGLY AND VOLUNTARILY MADE BETWEEN THE PARENTS;

(2) IF THE COURT HAS INTERVIEWED THE CHILD IN CHAMBERS PURSUANT TO SECTION 3109.46 OF THE REVISED CODE, THE WISHES AND CONCERNS OF THE CHILD;

(3) THE CHILD'S INTERACTION AND INTERRELATIONSHIP WITH SIBLINGS, RELATIVES, AND ANY OTHER PERSON WHO MAY SIGNIFICANTLY AFFECT THE CHILD'S BEST INTEREST;

(4) THE CHILD'S INVOLVEMENT WITH PHYSICAL SURROUNDINGS, SCHOOL, COMMUNITY, AND SIGNIFICANT ACTIVITIES;

(5) THE MENTAL AND PHYSICAL HEALTH OF ALL PERSONS INVOLVED;

(6) WHETHER EITHER PARENT HAS FAILED REPEATEDLY TO BE FINANCIALLY RESPONSIBLE FOR THE CHILD BY FAILING TO MAKE ALL CHILD SUPPORT PAYMENTS, INCLUDING ALL ARREARAGES, REQUIRED OF THAT PARENT PURSUANT TO A CHILD SUPPORT ORDER OR BY FAILING TO PROVIDE HEALTH, DENTAL, AND VISION INSURANCE FOR THE CHILD OR PAY ANY HEALTH, DENTAL, OR VISION CARE EXPENSES FOR THE CHILD ARE NOT COVERED BY INSURANCE;

(7) THE RELATIVE STRENGTH, NATURE, AND STABILITY OF THE CHILD'S RELATIONSHIP WITH EACH PARENT;

(8) THE WILLINGNESS OF THE PARENTS TO COMMUNICATE WITH EACH OTHER EFFECTIVELY REGARDING THE BEST INTERESTS OF THE CHILD;

(9) WHETHER EITHER PARENT HAS DENIED THE OTHER PARENT ACCESS TO THE CHILD IN VIOLATION OF ANY OF THE FOLLOWING: AN ORDER ALLOCATING PARENTAL RIGHTS AND RESPONSIBILITIES ISSUED PURSUANT TO FORMER SECTION 3109.04 OF THE REVISED CODE, AN ORDER ALLOCATING PARENTING FUNCTIONS AND RESPONSIBILITIES ISSUED PURSUANT TO SECTION 3109.49 OF THE REVISED CODE, OR AN ORDER GRANTING COMPANIONSHIP AND VISITATION RIGHTS ISSUED PURSUANT TO FORMER SECTION 3109.051 OF THE REVISED CODE;

(10) WHETHER EITHER PARENT HAS ESTABLISHED A RESIDENCE OR IS PLANNING TO ESTABLISH A RESIDENCE OUTSIDE THIS STATE;

(11) EVIDENCE OF EACH PARENT'S EXERCISE OR FAILURE TO EXERCISE APPROPRIATE PARENTING BEHAVIOR AND THE POTENTIAL FOR EACH PARENT TO EXERCISE OR FAIL TO EXERCISE APPROPRIATE PARENTING BEHAVIOR IN THE FUTURE;

(12) THE AGE, EMOTIONAL NEEDS, AND DEVELOPMENTAL LEVEL OF THE CHILD;

(13) EACH PARENT'S EMPLOYMENT AND ACTIVITY SCHEDULES;

(14) THE CHILD'S SCHOOL AND CHILD CARE SCHEDULES;

(15) ANY RECOMMENDATION OF THE CHILD'S GUARDIAN AD LITEM;

(16) ANY MEDIATION REPORT FILED PURSUANT TO SECTION 3109.55 OF THE REVISED CODE;

(17) ANY REPORT ADMITTED INTO EVIDENCE PURSUANT TO SECTION 3109.48 OF THE REVISED CODE;

(18) A PARENT'S FAILURE TO ATTEND THE PARENTING EDUCATION SEMINAR REQUIRED BY SECTION 3109.54 OF THE REVISED CODE;

(19) A PARENT'S FAILURE TO ATTEND THE MEDIATION ASSESSMENT PURSUANT TO SECTION 3109.55 OF THE REVISED CODE;

(20) ANY OTHER FACTOR THE COURT CONSIDERS RELEVANT.

(B) WHEN ALLOCATING PARENTING FUNCTIONS AND RESPONSIBILITIES FOR THE CARE OF CHILDREN, THE COURT SHALL NOT GIVE PREFERENCE TO A PARENT BECAUSE OF THAT PARENT'S FINANCIAL STATUS OR CONDITION.

Sec. 3109.46. (A) IN DETERMINING THE CHILD'S BEST INTEREST FOR PURPOSES OF MAKING ITS ALLOCATION OF PARENTING FUNCTIONS AND RESPONSIBILITIES FOR THE CARE OF THE CHILD IN A DIVORCE, DISSOLUTION, LEGAL SEPARATION, OR ANNULMENT PROCEEDING INVOLVING A CHILD, IN A PROCEEDING UNDER SECTION 3109.43 of the Revised Code FOR THE ISSUANCE OF AN INTERIM PARENTING ORDER, IN A PROCEEDING UNDER SECTION 3109.62 of the Revised Code OR ANY OTHER ORIGINAL PROCEEDING, IN A PROCEEDING UNDER SECTION 3109.51 of the Revised Code FOR MODIFICATION OF A PRIOR DECREE OR ORDER MAKING THE ALLOCATION, OR IN A RELOCATION PROCEEDING UNDER SECTION 3109.57 of the Revised Code, AND FOR PURPOSES OF RESOLVING ANY ISSUES RELATED TO THE MAKING OF THAT ALLOCATION, THE COURT MAY AND, ON THE REQUEST OF EITHER PARTY, SHALL INTERVIEW IN CHAMBERS ANY OR ALL OF THE INVOLVED CHILDREN REGARDING THEIR WISHES AND CONCERNS WITH RESPECT TO THE ALLOCATION.

(B) IF THE COURT INTERVIEWS ANY CHILD PURSUANT TO DIVISION (A) OF THIS SECTION, ALL OF THE FOLLOWING APPLY:

(1) THE COURT MAY AND, ON THE MOTION OF EITHER PARENT, SHALL APPOINT A GUARDIAN AD LITEM FOR THE CHILD.

(2) THE COURT FIRST SHALL DETERMINE THE REASONING ABILITY OF THE CHILD. IF THE COURT DETERMINES THAT THE CHILD DOES NOT HAVE SUFFICIENT REASONING ABILITY TO EXPRESS THE CHILD'S WISHES AND CONCERNS WITH RESPECT TO THE ALLOCATION OF PARENTING FUNCTIONS AND RESPONSIBILITIES FOR THE CARE OF THE CHILD, IT SHALL NOT DETERMINE THE CHILD'S WISHES AND CONCERNS WITH RESPECT TO THE ALLOCATION. IF THE COURT DETERMINES THAT THE CHILD HAS SUFFICIENT REASONING ABILITY TO EXPRESS THE CHILD'S WISHES OR CONCERNS WITH RESPECT TO THE ALLOCATION, IT THEN SHALL DETERMINE WHETHER, BECAUSE OF SPECIAL CIRCUMSTANCES, IT WOULD NOT BE IN THE BEST INTEREST OF THE CHILD TO DETERMINE THE CHILD'S WISHES AND CONCERNS WITH RESPECT TO THE ALLOCATION. IF THE COURT DETERMINES THAT, BECAUSE OF SPECIAL CIRCUMSTANCES, IT WOULD NOT BE IN THE BEST INTEREST OF THE CHILD TO DETERMINE THE CHILD'S WISHES AND CONCERNS WITH RESPECT TO THE ALLOCATION, IT SHALL NOT DETERMINE THE CHILD'S WISHES AND CONCERNS WITH RESPECT TO THE ALLOCATION AND SHALL ENTER ITS WRITTEN FINDINGS OF FACT AND OPINION IN THE JOURNAL. IF THE COURT DETERMINES THAT IT WOULD BE IN THE BEST INTEREST OF THE CHILD TO DETERMINE THE CHILD'S WISHES AND CONCERNS WITH RESPECT TO THE ALLOCATION, IT SHALL MAKE THAT DETERMINATION.

(3) THE INTERVIEW SHALL BE CONDUCTED IN CHAMBERS, AND NO PERSON OTHER THAN THE CHILD, THE CHILD'S ATTORNEY, THE JUDGE, ANY NECESSARY COURT PERSONNEL, AND, IN THE JUDGE'S DISCRETION, THE ATTORNEY OF EACH PARENT SHALL BE PERMITTED TO BE PRESENT IN THE CHAMBERS DURING THE INTERVIEW. IF REQUESTED BY ANY PARTY, A RECORD SHALL BE MADE OF THE INTERVIEW.

(C) NO PERSON SHALL OBTAIN OR ATTEMPT TO OBTAIN FROM A CHILD A WRITTEN OR RECORDED STATEMENT OR AFFIDAVIT SETTING FORTH THE CHILD'S WISHES AND CONCERNS REGARDING THE ALLOCATION OF PARENTING FUNCTIONS AND RESPONSIBILITIES CONCERNING THE CHILD. NO COURT, IN DETERMINING THE CHILD'S BEST INTEREST FOR PURPOSES OF MAKING ITS ALLOCATION OF PARENTING FUNCTIONS AND RESPONSIBILITIES FOR THE CARE OF THE CHILD OR FOR PURPOSES OF RESOLVING ANY ISSUES RELATED TO THE MAKING OF THAT ALLOCATION, SHALL ACCEPT OR CONSIDER A WRITTEN OR RECORDED STATEMENT OR AFFIDAVIT THAT PURPORTS TO SET FORTH THE CHILD'S WISHES AND CONCERNS REGARDING THOSE MATTERS.

Sec. 3109.47. (A) A COURT MAY APPOINT A GUARDIAN AD LITEM TO PROTECT THE INTERESTS OF A CHILD WHEN MAKING THE ALLOCATION OF PARENTING FUNCTIONS AND RESPONSIBILITIES FOR THE CARE OF A CHILD IN ANY OF THE FOLLOWING: A DIVORCE, DISSOLUTION, LEGAL SEPARATION, OR ANNULMENT PROCEEDING; A PROCEEDING UNDER SECTION 3109.43 of the Revised Code FOR THE ISSUANCE OF AN INTERIM PARENTING ORDER; A PROCEEDING UNDER SECTION 3109.62 OF THE REVISED CODE OR ANY OTHER ORIGINAL PROCEEDING; A PROCEEDING UNDER SECTION 3109.51 OF THE REVISED CODE FOR MODIFICATION OF A PRIOR DECREE OR ORDER MAKING THE ALLOCATION; OR A RELOCATION PROCEEDING UNDER SECTION 3109.57 OF THE REVISED CODE. THE GUARDIAN AD LITEM SHALL WORK WITH THE COURT'S EVALUATOR AND MAY CONSULT WITH ANY PERSON WHO MAY HAVE INFORMATION RELEVANT TO THE ALLOCATION OF PARENTING FUNCTIONS AND RESPONSIBILITIES. THE GUARDIAN AD LITEM SHALL HAVE FULL ACCESS TO THE FAMILY FILE THAT ADDRESSES THE CHILD AND MAY PROPOSE PROVISIONS FOR A PARENTING PLAN CONSISTENT WITH THE BEST INTERESTS OF ANY CHILD INVOLVED. THE COURT SHALL ORDER THE PARENTS TO PAY THE FEES OF THE GUARDIAN AD LITEM AND SHALL ALLOCATE THE FEES BETWEEN THE PARENTS, EXCEPT THAT IF THE PARENTS ARE INDIGENT, THE COURT SHALL ORDER THE FEES TO BE PAID BY THE COUNTY IN WHICH THE CHILD RESIDES. THE COURT MAY APPOINT A QUALIFIED VOLUNTEER AS THE GUARDIAN AD LITEM.

(B) THE COURT MAY APPOINT AN ATTORNEY TO REPRESENT THE INTERESTS OF A CHILD IN ANY ORIGINAL PROCEEDING TO ALLOCATE, OR ANY PROCEEDING FOR MODIFICATION OF A PRIOR ORDER ALLOCATING, THE PARENTING FUNCTIONS AND RESPONSIBILITIES WITH RESPECT TO THE CHILD. THE COURT SHALL ORDER THE PARENTS TO PAY THE FEES OF THE ATTORNEY AND SHALL ALLOCATE THE FEES BETWEEN THE PARENTS, EXCEPT THAT IF THE PARENTS ARE INDIGENT, THE COURT SHALL ORDER THE FEES TO BE PAID BY THE COUNTY IN WHICH THE CHILD RESIDES. THE COURT MAY APPOINT AS THE CHILD'S ATTORNEY AN ATTORNEY WHO HAS VOLUNTEERED TO PROVIDE SERVICES FREE OF CHARGE.

(C) A GUARDIAN AD LITEM APPOINTED PURSUANT TO DIVISION (A) OF THIS SECTION MAY ALSO SERVE AS THE ATTORNEY FOR THE CHILD IF THE GUARDIAN AD LITEM IS AN ATTORNEY ADMITTED TO THE PRACTICE OF LAW IN THIS STATE AND NO CONFLICT OF INTEREST IS CREATED OR IS LIKELY TO BE CREATED BY THE GUARDIAN AD LITEM SERVING AS THE ATTORNEY FOR THE CHILD. IF THE COURT OR THE GUARDIAN AD LITEM DETERMINES THAT A CONFLICT OF INTEREST MAY EXIST, THE COURT MAY RETAIN THE PERSON AS THE GUARDIAN AD LITEM AND MAY APPOINT ANOTHER PERSON AS THE CHILD'S ATTORNEY.

Sec. 3109.48. PRIOR TO TRIAL IN ANY PROCEEDING INVOLVING THE ALLOCATION OF PARENTING FUNCTIONS AND RESPONSIBILITIES WITH RESPECT TO A CHILD, THE COURT MAY CAUSE AN INVESTIGATION AND EVALUATION TO BE MADE AS TO THE CHARACTER, FAMILY RELATIONS, PAST CONDUCT, PARENTING FUNCTIONS AND PARENTING ARRANGEMENTS OF EACH PARENT AND MAY ORDER THE PARENTS AND THEIR MINOR CHILDREN TO SUBMIT TO MEDICAL EXAMINATIONS, INCLUDING EXAMINATIONS TO DETECT SUBSTANCE ABUSE, AND PSYCHOLOGICAL EXAMINATIONS. IF A PERSON WHO HAS SIGNIFICANT CONTACT WITH A CHILD AND IS SIGNIFICANTLY INVOLVED IN THE CHILD'S LIFE IS JOINED AS A PARTY TO THE PROCEEDING, THE COURT MAY REQUIRE AN INVESTIGATION AND EVALUATION OF THE PERSON WHICH SHALL BE CONDUCTED OF THE PERSON IN THE SAME MANNER AS THE INVESTIGATION AND EVALUATION OF THE PARENTS.

A REPORT OF THE INVESTIGATION AND EVALUATION SHALL BE PREPARED AND SIGNED BY AN EVALUATOR DESIGNATED BY THE COURT TO CONDUCT IT. THE EVALUATOR MAY CONSULT ANY PERSON WHO MAY HAVE INFORMATION ABOUT THE CHILD. THE REPORT AND ALL WORK PAPERS AND NOTES RELATED TO THE INVESTIGATION SHALL BE ADDED TO THE FAMILY FILE. THE FAMILY FILE SHALL BE MADE AVAILABLE TO COUNSEL OF RECORD FOR EACH PARENT, OR DIRECTLY TO ANY PARENT NOT REPRESENTED BY COUNSEL, NO LATER THAN THIRTY DAYS PRIOR TO THE FINAL HEARING ON THE ISSUE OF THE ALLOCATION OF THE PARENTING FUNCTIONS AND RESPONSIBILITIES, UNLESS A SHORTER PERIOD OF TIME IS ORDERED BY THE COURT FOR GOOD CAUSE SHOWN. THE EVALUATOR SHALL BE SUBJECT TO CROSS-EXAMINATION BY EITHER PARENT CONCERNING THE CONTENTS OF THE REPORT.

Sec. 3109.04 3109.49. (A) In any divorce, legal separation, or annulment proceeding and in any proceeding PURSUANT TO SECTION 3109.62 of the Revised Code OR ANY OTHER SECTION of the Revised Code pertaining to the allocation of parental rights PARENTING FUNCTIONS and responsibilities for the care of a child, upon hearing the testimony of either or both parents and considering any mediation report filed pursuant to section 3109.052 3109.55 of the Revised Code and in accordance with sections 3109.21 to 3109.36 of the Revised Code, the court shall allocate the parental rights PARENTING FUNCTIONS and responsibilities for the care of EACH OF the minor children of the marriage IN ACCORDANCE WITH THE BEST INTEREST OF THE CHILDREN. Subject to division (D)(2) of this section SECTIONS 3109.50 AND 3109.56 of the Revised Code, the court may allocate the parental rights PARENTING FUNCTIONS and responsibilities for the care of the children in either ANY of the following ways:

(1) If neither parent files a pleading or motion in accordance with division (G) of this section, if at least one parent files a pleading or motion under that division but no parent who filed a pleading or motion under that division also files a plan for shared parenting, or if at least one parent files both a pleading or motion and a shared NO PROPOSED parenting plan FILED BY EITHER OR BOTH PARENTS under that division but no plan for shared parenting SECTION 3109.42 of the Revised Code is in the best interest of the children, the court, in a manner consistent with the best interest of the children, shall allocate MAY ISSUE A PARENTING DECREE THAT MAKES THE APPROPRIATE ALLOCATION OF the parental rights PARENTING FUNCTIONS and responsibilities for the care of the children primarily to one of the parents, designate that parent as the residential parent and the legal custodian of the child, and divide between the parents the other rights and responsibilities for the care of the children, including, but not limited to, the responsibility to provide support for the children and the right of the parent who is not the residential parent to have continuing contact with the children BETWEEN THE PARENTS PURSUANT TO THE REQUIREMENTS OF SECTION 3109.44 of the Revised Code

(2) If at least one parent files a pleading or motion in accordance with division (G) of this section and a plan for shared PROPOSED parenting pursuant to that division PLAN UNDER SECTION 3109.42 of the Revised Code and if a plan for shared parenting is in the best interest of the children and is approved by the court in accordance with division (D)(1)(E) of this section 3109.42 of the Revised Code, the court may allocate MAKE THE APPROPRIATE ALLOCATION OF the parental rights PARENTING FUNCTIONS and responsibilities for the care of the children to both BETWEEN THE parents and issue a shared parenting order requiring the parents to share all or some of the aspects of the physical and legal care of the children DECREE in accordance with the approved PARENTING plan for shared parenting. If the court issues a shared parenting order under this division and it is necessary for the purpose of receiving public assistance, the court shall designate which one of the parents' residences is to serve as the child's home. The child support obligations of the parents under a shared parenting order issued under this division shall be determined in accordance with section 3113.215 of the Revised Code.

(3) IF THE COURT FINDS THAT IT IS IN THE BEST INTEREST OF THE CHILD THAT THE PARENTS SHOULD NOT BE ALLOCATED THE PARENTING FUNCTIONS AND RESPONSIBILITIES FOR THE CARE OF THE CHILD OR BE DESIGNATED AS THE RESIDENTIAL PARENTS AND LEGAL CUSTODIANS OF THE CHILD, IT MAY COMMIT THE CHILD TO A RELATIVE OF THE CHILD OR CERTIFY A COPY OF ITS FINDINGS, TOGETHER WITH AS MUCH OF THE RECORD AND THE FURTHER INFORMATION, IN NARRATIVE FORM OR OTHERWISE, AS IT CONSIDERS NECESSARY OR AS THE JUVENILE COURT REQUESTS, TO THE JUVENILE COURT FOR FURTHER PROCEEDINGS. ON THE CERTIFICATION, THE JUVENILE COURT HAS EXCLUSIVE JURISDICTION.

(B)(1) When making the allocation of the parental rights and responsibilities for the care of the children under this section in an original proceeding or in any proceeding for modification of a prior order of the court making the allocation, the court shall take into account that which would be in the best interest of the children. In determining the child's best interest for purposes of making its allocation of the parental rights and responsibilities for the care of the child and for purposes of resolving any issues related to the making of that allocation, the court, in its discretion, may and, upon the request of either party, shall interview in chambers any or all of the involved children regarding their wishes and concerns with respect to the allocation.

(2) If the court interviews any child pursuant to division (B)(1) of this section, all of the following apply:

(a) The court, in its discretion, may and, upon the motion of either parent, shall appoint a guardian ad litem for the child.

(b) The court first shall determine the reasoning ability of the child. If the court determines that the child does not have sufficient reasoning ability to express his wishes and concern with respect to the allocation of parental rights and responsibilities for the care of the child, it shall not determine the child's wishes and concerns with respect to the allocation. If the court determines that the child has sufficient reasoning ability to express the child's wishes or concerns with respect to the allocation, it then shall determine whether, because of special circumstances, it would not be in the best interest of the child to determine the child's wishes and concerns with respect to the allocation. If the court determines that, because of special circumstances, it would not be in the best interest of the child to determine the child's wishes and concerns with respect to the allocation, it shall not determine the child's wishes and concerns with respect to the allocation and shall enter its written findings of fact and opinion in the journal. If the court determines that it would be in the best interests of the child to determine the child's wishes and concerns with respect to the allocation, it shall proceed to make that determination.

(c) The interview shall be conducted in chambers, and no person other than the child, the child's attorney, the judge, any necessary court personnel, and, in the judge's discretion, the attorney of each parent shall be permitted to be present in the chambers during the interview.

(3) No person shall obtain or attempt to obtain from a child a written or recorded statement or affidavit setting forth the child's wishes and concerns regarding the allocation of parental rights and responsibilities concerning the child. No court, in determining the child's best interest for purposes of making its allocation of the parental rights and responsibilities for the care of the child or for purposes of resolving any issues related to the making of that allocation, shall accept or consider a written or recorded statement or affidavit that purports to set forth the child's wishes and concerns regarding those matters.

(C) Prior to trial, the court may cause an investigation to be made as to the character, family relations, past conduct, earning ability, and financial worth of each parent and may order the parents and their minor children to submit to medical, psychological, and psychiatric examinations. The report of the investigation and examinations shall be made available to either parent or his counsel of record not less than five days before trial, upon written request. The report shall be signed by the investigator, and the investigator shall be subject to cross-examination by either parent concerning the contents of the report. The court may tax as costs all or any part of the expenses for each investigation.

If the court determines that either parent previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being a neglected child, that either parent previously has been determined to be the perpetrator of the neglectful act that is the basis of an adjudication that a child is a neglected child, or that there is reason to believe that either parent has acted in a manner resulting in a child being a neglected child, the court shall consider that fact against naming that parent the residential parent and against granting a shared parenting decree. When the court allocates parental rights and responsibilities for the care of children or determines whether to grant shared parenting in any proceeding, it shall consider whether either parent has been convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding, has been convicted of or pleaded guilty to any other offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding and caused physical harm to the victim in the commission of the offense, or has been determined to be the perpetrator of the abusive act that is the basis of an adjudication that a child is an abused child. If the court determines that either parent has been convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding, has been convicted of or pleaded guilty to any other offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding and caused physical harm to the victim in the commission of the offense, or has been determined to be the perpetrator of the abusive act that is the basis of an adjudication that a child is an abused child, it may designate that parent as the residential parent and may issue a shared parenting decree or order only if it determines that it is in the best interest of the child to name that parent the residential parent or to issue a shared parenting decree or order and it makes specific written findings of fact to support its determination.

(D)(1)(a) Upon the filing of a pleading or motion by either parent or both parents, in accordance with division (G) of this section, requesting shared parenting and the filing of a shared parenting plan in accordance with that division, the court shall comply with division (D)(1)(a)(i), (ii), or (iii) of this section, whichever is applicable:

(i) If both parents jointly make the request in their pleadings or jointly file the motion and also jointly file the plan, the court shall review the parents' plan to determine if it is in the best interest of the children. If the court determines that the plan is in the best interest of the children, the court shall approve it. If the court determines that the plan or any part of the plan is not in the best interest of the children, the court shall require the parents to make appropriate changes to the plan to meet the court's objections to it. If changes to the plan are made to meet the court's objections, and if the new plan is in the best interest of the children, the court shall approve the plan. If changes to the plan are not made to meet the court's objections, or if the parents attempt to make changes to the plan to meet the court's objections, but the court determines that the new plan or any part of the new plan still is not in the best interest of the children, the court may reject the portion of the parents' pleadings or deny their motion requesting shared parenting of the children and proceed as if the request in the pleadings or the motion had not been made. The court shall not approve a plan under this division unless it determines that the plan is in the best interest of the children.

(ii) If each parent makes a request in his pleadings or files a motion and each also files his own separate plan, the court shall review each plan filed to determine if either is in the best interest of the children. If the court determines that one of the filed plans is in the best interest of the children, the court may approve the plan. If the court determines that neither filed plan is in the best interest of the children, the court may order each parent to submit appropriate changes to his own plan or both of the filed plans to meet the court's objections, or may select one of the filed plans and order each parent to submit appropriate changes to the selected plan to meet the court's objections. If changes to the plan or plans are submitted to meet the court's objections, and if any of the filed plans with the changes is in the best interest of the children, the court may approve the plan with the changes. If changes to the plan or plans are not submitted to meet the court's objections, or if the parents submit changes to the plan or plans to meet the court's objections but the court determines that none of the filed plans with the submitted changes is in the best interest of the children, the court may reject the portion of the parents' pleadings or deny their motions requesting shared parenting of the children and proceed as if the requests in the pleadings or the motions had not been made. If the court approves a plan under this division, either as originally filed or with submitted changes, or if the court rejects the portion of the parents' pleadings or denies their motions requesting shared parenting under this division and proceeds as if the requests in the pleadings or the motions had not been made, the court shall enter in the record of the case findings of fact and conclusions of law as to the reasons for the approval or the rejection or denial. Division (D)(1)(b) of this section applies in relation to the approval or disapproval of a plan under this division.

(iii) If each parent makes a request in his pleadings or files a motion but only one parent files his own plan, or if only one parent makes a request in his pleadings or files a motion and also files a plan, the court in the best interest of the children may order the other parent to file a plan for shared parenting in accordance with division (G) of this section. The court shall review each plan filed to determine if any plan is in the best interest of the children. If the court determines that one of the filed plans is in the best interest of the children, the court may approve the plan. If the court determines that no filed plan is in the best interest of the children, the court may order each parent to submit appropriate changes to his own plan or both of the filed plans to meet the court's objections or may select one filed plan and order each parent to submit appropriate changes to the selected plan to meet the court's objections. If changes to the plan or plans are submitted to meet the court's objections, and if any of the filed plans with the changes is in the best interest of the children, the court may approve the plan with the changes. If changes to the plan or plans are not submitted to meet the court's objections, or if the parents submit changes to the plan or plans to meet the court's objections but the court determines that none of the filed plans with the submitted changes is in the best interest of the children, the court may reject the portion of the parents' pleadings or deny the parents' motion or reject the portion of the parents' pleadings or deny their motions requesting shared parenting of the children and proceed as if the request or requests or the motion or motions had not been made. If the court approves a plan under this division, either as originally filed or with submitted changes, or if the court rejects the portion of the pleadings or denies the motion or motions requesting shared parenting under this division and proceeds as if the request or requests or the motion or motions had not been made, the court shall enter in the record of the case findings of fact and conclusions of law as to the reasons for the approval or the rejection or denial. Division (D)(1)(b) of this section applies in relation to the approval or disapproval of a plan under this division.

(b) The approval of a plan under division (D)(1)(a)(ii) or (iii) of this section is discretionary with the court. The court shall not approve more than one plan under either division and shall not approve a plan under either division unless it determines that the plan is in the best interest of the children. If the court, under either division, does not determine that any filed plan or any filed plan with submitted changes is in the best interest of the children, the court shall not approve any plan.

(c) Whenever possible, the court shall require that a shared parenting plan approved under division (D)(1)(a)(i), (ii), or (iii) of this section ensure the opportunity for both parents to have frequent and continuing contact with the child, unless frequent and continuing contact with any parent would not be in the best interest of the child.

(d)(1) If a court approves a shared parenting plan under division (D)(E)(1)(a)(i), (ii), or (iii)(2) of this section 3109.42 of the Revised Code, the approved plan shall be incorporated into a final shared parenting decree granting the parents the shared parenting of the children. Any final shared parenting decree shall be issued at the same time as and shall be appended to the final decree of dissolution, divorce, annulment, or legal separation arising out of the action out of which the question of the allocation of parental rights PARENTING FUNCTIONS and responsibilities for the care of the children arose.

(2) No provisional shared parenting decree shall be issued in relation to any shared parenting plan approved under division (D)(E)(1)(a)(i), (ii), or (iii)(2) of this section 3109.42 of the Revised Code. A final shared parenting decree issued under this division has immediate effect as a final decree on the date of its issuance, subject to modification or termination as authorized by this section.

(2) If the court finds, with respect to any child under eighteen years of age, that it is in the best interest of the child for neither parent to be designated the residential parent and legal custodian of the child, it may commit the child to a relative of the child or certify a copy of its findings, together with as much of the record and the further information, in narrative form or otherwise, that it considers necessary or as the juvenile court requests, to the juvenile court for further proceedings, and, upon the certification, the juvenile court has exclusive jurisdiction.

(E)(1)(a) The court shall not modify a prior decree allocating parental rights and responsibilities for the care of children unless it finds, based on facts that have arisen since the prior decree or that were unknown to the court at the time of the prior decree, that a change has occurred in the circumstances of the child, his residential parent, or either of the parents subject to a shared parenting decree, and that the modification is necessary to serve the best interest of the child. In applying these standards, the court shall retain the residential parent designated by the prior decree or the prior shared parenting decree, unless a modification is in the best interest of the child and one of the following applies:

(i) The residential parent agrees to a change in the residential parent or both parents under a shared parenting decree agree to a change in the designation of residential parent.

(ii) The child, with the consent of the residential parent or of both parents under a shared parenting decree, has been integrated into the family of the person seeking to become the residential parent.

(iii) The harm likely to be caused by a change of environment is outweighed by the advantages of the change of environment to the child.

(b) One or both of the parents under a prior decree allocating parental rights and responsibilities for the care of children that is not a shared parenting decree may file a motion requesting that the prior decree be modified to give both parents shared rights and responsibilities for the care of the children. The motion shall include both a request for modification of the prior decree and a request for a shared parenting order that complies with division (G) of this section. Upon the filing of the motion, if the court determines that a modification of the prior decree is authorized under division (E)(1)(a) of this section, the court may modify the prior decree to grant a shared parenting order, provided that the court shall not modify the prior decree to grant a shared parenting order unless the court complies with divisions (A) and (D)(1) of this section and, in accordance with those divisions, approves the submitted shared parenting plan and determines that shared parenting would be in the best interest of the children.

(2) In addition to a modification authorized under division (E)(1) of this section:

(a) Both parents under a shared parenting decree jointly may modify the terms of the plan for shared parenting approved by the court and incorporated by it into the shared parenting decree. Modifications under this division may be made at any time. The modifications to the plan shall be filed jointly by both parents with the court, and the court shall include them in the plan, unless they are not in the best interest of the children. If the modifications are not in the best interests of the children, the court, in its discretion, may reject the modifications or make modifications to the proposed modifications or the plan that are in the best interest of the children. Modifications jointly submitted by both parents under a shared parenting decree shall be effective, either as originally filed or as modified by the court, upon their inclusion by the court in the plan. Modifications to the plan made by the court shall be effective upon their inclusion by the court in the plan.

(b) The court may modify the terms of the plan for shared parenting approved by the court and incorporated by it into the shared parenting decree upon its own motion at any time if the court determines that the modifications are in the best interest of the children or upon the request of one or both of the parents under the decree. Modifications under this division may be made at any time. The court shall not make any modification to the plan under this division, unless the modification is in the best interest of the children.

(c) The court may terminate a prior final shared parenting decree that includes a shared parenting plan approved under division (D)(1)(a)(i) of this section upon the request of one or both of the parents or whenever it determines that shared parenting is not in the best interest of the children. The court may terminate a prior final shared parenting decree that includes a shared parenting plan approved under division (D)(1)(a)(ii) or (iii) of this section if it determines, upon its own motion or upon the request of one or both parents, that shared parenting is not in the best interest of the children. If modification of the terms of the plan for shared parenting approved by the court and incorporated by it into the final shared parenting decree is attempted under division (E)(2)(a) of this section and the court rejects the modifications, it may terminate the final shared parenting decree if it determines that shared parenting is not in the best interest of the children.

(d) Upon the termination of a prior final shared parenting decree under division (E)(2)(c) of this section, the court shall proceed and issue a modified decree for the allocation of parental rights and responsibilities for the care of the children under the standards applicable under divisions (A), (B), and (C) of this section as if no decree for shared parenting had been granted and as if no request for shared parenting ever had been made.

(F)(1) In determining the best interest of a child pursuant to this section, whether on an original decree allocating parental rights and responsibilities for the care of children or a modification of a decree allocating those rights and responsibilities, the court shall consider all relevant factors, including, but not limited to:

(a) The wishes of the child's parents regarding his care;

(b) If the court has interviewed the child in chambers pursuant to division (B) of this section regarding the child's wishes and concerns as to the allocation of parental rights and responsibilities concerning the child, the wishes and concerns of the child, as expressed to the court;

(c) The child's interaction and interrelationship with his parents, siblings, and any other person who may significantly affect the child's best interest;

(d) The child's adjustment to his home, school, and community;

(e) The mental and physical health of all persons involved in the situation;

(f) The parent more likely to honor and facilitate visitation and companionship rights approved by the court;

(g) Whether either parent has failed to make all child support payments, including all arrearages, that are required of that parent pursuant to a child support order under which that parent is an obligor;

(h) Whether either parent previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or a neglected child; whether either parent, in a case in which a child has been adjudicated an abused child or a neglected child, previously has been determined to be the perpetrator of the abusive or neglectful act that is the basis of an adjudication; whether either parent previously has been convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the current proceeding; whether either parent previously has been convicted of or pleaded guilty to any offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the current proceeding and caused physical harm to the victim in the commission of the offense; and whether there is reason to believe that either parent has acted in a manner resulting in a child being an abused child or a neglected child;

(i) Whether the residential parent or one of the parents subject to a shared parenting decree has continuously and willfully denied the other parent his or her right to visitation in accordance with an order of the court;

(j) Whether either parent has established a residence, or is planning to establish a residence, outside this state.

(2) In determining whether shared parenting is in the best interest of the children, the court shall consider all relevant factors, including, but not limited to, the factors enumerated in division (F)(1) of this section, the factors enumerated in division (B)(3) of section 3113.215 of the Revised Code, and all of the following factors:

(a) The ability of the parents to cooperate and make decisions jointly, with respect to the children;

(b) The ability of each parent to encourage the sharing of love, affection, and contact between the child and the other parent;

(c) Any history of, or potential for, child abuse, spouse abuse, other domestic violence, or parental kidnapping by either parent;

(d) The geographic proximity of the parents to each other, as the proximity relates to the practical considerations of shared parenting;

(e) The recommendation of the guardian ad litem of the child, if the child has a guardian ad litem.

(3) When allocating parental rights and responsibilities for the care of children, the court shall not give preference to a parent because of that parent's financial status or condition.

(G) Either parent or both parents of any children may file a pleading or motion with the court requesting the court to grant both parents shared parental rights and responsibilities for the care of the children in a proceeding held pursuant to division (A) of this section. If a pleading or motion requesting shared parenting is filed, the parent or parents filing the pleading or motion also shall file with the court a plan for the exercise of shared parenting by both parents. If each parent files a pleading or motion requesting shared parenting but only one parent files his own plan or if only one parent files a pleading or motion requesting shared parenting and also files a plan, the other parent as ordered by the court shall file with the court a plan for the exercise of shared parenting by both parents. The plan for shared parenting shall be filed with the petition for dissolution of marriage, if the question of parental rights and responsibilities for the care of the children arises out of an action for dissolution of marriage, or, in other cases, at a time at least thirty days prior to the hearing on the issue of the parental rights and responsibilities for the care of the children. A plan for shared parenting shall include provisions covering all factors that are relevant to the care of the children, including, but not limited to, provisions covering factors such as physical living arrangements, child support obligations, provision for the children's medical and dental care, school placement, and the parent with which the children will be physically located during legal holidays, school holidays, and other days of special importance.

(H)(3) IN ALLOCATING THE PARENTING FUNCTIONS AND RESPONSIBILITIES IN A PARENTING DECREE, THE COURT SHALL NOT DRAW ANY PRESUMPTIONS FROM AN INTERIM PARENTING ORDER.

(4) If an appeal is taken from a decision of a court that grants or modifies a PARENTING decree allocating parental rights and responsibilities for the care of children, the court of appeals shall give the case calendar priority and handle it expeditiously.

(I) As used in this section, "abused child" has the same meaning as in section 2151.031 of the Revised Code, and "neglected child" has the same meaning as in section 2151.03 of the Revised Code.

(J) As used in the Revised Code, "shared parenting" means that the parents share, in the manner set forth in the plan for shared parenting that is approved by the court under division (D)(1) and described in division (K)(6) of this section, all or some of the aspects of physical and legal care of their children.

(K) For purposes of the Revised Code:

(1) A parent who is granted the care, custody, and control of a child under an order that was issued pursuant to this section prior to April 11, 1991, and that does not provide for shared parenting has "custody of the child" and "care, custody, and control of the child" under the order, and is the "residential parent," the "residential parent and legal custodian," or the "custodial parent" of the child under the order.

(2) A parent who primarily is allocated the parental rights and responsibilities for the care of a child and who is designated as the residential parent and legal custodian of the child under an order that is issued pursuant to this section on or after April 11, 1991, and that does not provide for shared parenting has "custody of the child" and "care, custody, and control of the child" under the order, and is the "residential parent," the "residential parent and legal custodian," or the "custodial parent" of the child under the order.

(3) A parent who is not granted custody of a child under an order that was issued pursuant to this section prior to April 11, 1991, and that does not provide for shared parenting is the "parent who is not the residential parent," the "parent who is not the residential parent and legal custodian," or the "noncustodial parent" of the child under the order.

(4) A parent who is not primarily allocated the parental rights and responsibilities for the care of a child and who is not designated as the residential parent and legal custodian of the child under an order that is issued pursuant to this section on or after April 11, 1991, and that does not provide for shared parenting is the "parent who is not the residential parent," the "parent who is not the residential parent and legal custodian," or the "noncustodial parent" of the child under the order.

(5) Unless the context clearly requires otherwise, if an order is issued by a court pursuant to this section and the order provides for shared parenting of a child, both parents have "custody of the child" or "care, custody, and control of the child" under the order, to the extent and in the manner specified in the order.

(6) Unless the context clearly requires otherwise and except as otherwise provided in the order, if an order is issued by a court pursuant to this section and the order provides for shared parenting of a child, each parent, regardless of where the child is physically located or with whom the child is residing at a particular point in time, as specified in the order, is the "residential parent," the "residential parent and legal custodian," or the "custodial parent" of the child.

(7) Unless the context clearly requires otherwise and except as otherwise provided in the order, a designation in the order of a parent as the residential parent for the purpose of determining the school the child attends, as the custodial parent for purposes of claiming the child as a dependent pursuant to section 152(e) of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, or as the residential parent for purposes of receiving public assistance pursuant to division (A)(2) of this section, does not affect the designation pursuant to division (K)(6) of this section of each parent as the "residential parent," the "residential parent and legal custodian," or the "custodial parent" of the child.

Sec. 3109.50. (A) AS USED IN THIS SECTION, "ABUSED CHILD" HAS THE SAME MEANING AS IN SECTION 2151.031 of the Revised Code AND "NEGLECTED CHILD" HAS THE SAME MEANING AS IN SECTION 2151.03 of the Revised Code.

(B) A COURT, WHEN MAKING AN ALLOCATION OF THE PARENTING FUNCTIONS AND RESPONSIBILITIES WITH RESPECT TO A CHILD IN A DIVORCE, DISSOLUTION, LEGAL SEPARATION, OR ANNULMENT PROCEEDING, IN A PROCEEDING UNDER SECTION 3109.43 of the Revised Code FOR THE ISSUANCE OF AN INTERIM PARENTING ORDER, IN A PROCEEDING UNDER SECTION 3109.62 OF THE REVISED CODE OR ANY OTHER ORIGINAL PROCEEDING, IN A PROCEEDING UNDER SECTION 3109.51 OF THE REVISED CODE FOR MODIFICATION OF A PRIOR DECREE OR ORDER MAKING THE ALLOCATION, OR IN A RELOCATION PROCEEDING UNDER SECTION 3109.57 OF THE REVISED CODE, MAY LIMIT A PARENT'S PHYSICAL CONTACT WITH THE CHILD, AUTHORITY TO MAKE DECISIONS CONCERNING THE CUSTODY AND CARE OF THE CHILD, ACCESS TO RECORDS RELATED TO THE CHILD, ACCESS TO ACTIVITIES IN WHICH THE CHILD PARTICIPATES, ACCESS TO THE DAY-CARE CENTER ATTENDED BY THE CHILD, THE RIGHT TO RECEIVE NOTICE OF RELOCATION AND MOTION TO MODIFY A PARENTING DECREE BECAUSE OF A CHANGE OF RESIDENCE, AND ANY OTHER ASPECT OF THE RELATIONSHIP BETWEEN THE PARENT AND CHILD ON FINDING THAT THE PARENT HAS DONE ANY OF THE FOLLOWING:

(1) WILLFULLY NEGLECTED OR SUBSTANTIALLY FAILED TO EXHIBIT APPROPRIATE PARENTING BEHAVIOR;

(2) A LONG-TERM EMOTIONAL OR PHYSICAL IMPAIRMENT THAT INTERFERES WITH THE EXERCISE OF APPROPRIATE PARENTING FUNCTIONS;

(3) A CHEMICAL DEPENDENCY THAT INTERFERES WITH THE EXERCISE OF APPROPRIATE PARENTING FUNCTIONS;

(4) BEEN ABSENT FROM THE CHILD FOR AN EXTENDED PERIOD OF TIME OR CAUSED A SUBSTANTIAL IMPAIRMENT OF THE EMOTIONAL TIES BETWEEN THE PARENT AND THE CHILD BECAUSE OF THE PARENT'S ABSENCE;

(5) USED CONFLICT IN A MANNER THAT CREATES A DANGER OF SERIOUS DAMAGE TO THE CHILD'S PSYCHOLOGICAL DEVELOPMENT;

(6) WITHHELD THE CHILD'S ACCESS TO THE OTHER PARENT FOR AN EXTENDED PERIOD OF TIME WITHOUT GOOD CAUSE;

(7) ACTED IN A MANNER RESULTING IN A CHILD BEING AN ABUSED OR NEGLECTED CHILD;

(8) CAUSED THE CHILD TO BE IN THE PRESENCE OF A PERSON WHO HAS ACTED IN A MANNER RESULTING IN A CHILD BEING AN ABUSED OR NEGLECTED CHILD;

(9) COMMITTED AN ACT OF DOMESTIC VIOLENCE AS DEFINED IN SECTION 3113.31 of the Revised Code;

(10) BEEN CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE UNDER SECTION 2919.25 OF THE REVISED CODE;

(11) CAUSED THE CHILD TO BE IN THE PRESENCE OF A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE UNDER SECTION 2919.25 OF THE REVISED CODE;

(12) BEEN CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE UNDER CHAPTER 2907. OF THE REVISED CODE;

(13) CAUSED THE CHILD TO BE IN THE PRESENCE OF A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE UNDER CHAPTER 2907. OF THE REVISED CODE;

(14) BEEN CONVICTED OF OR PLEADED GUILTY TO A VIOLATION OF SECTION 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, OR 2903.22 OF THE REVISED CODE;

(15) BEEN CONVICTED OF OR PLEADED GUILTY TO ANY CRIMINAL OFFENSE INVOLVING ANY ACT THAT RESULTED IN A CHILD BEING AN ABUSED OR NEGLECTED CHILD;

(16) BEEN FOUND TO BE THE PERPETRATOR OF AN ACT THAT RESULTED IN A CHILD BEING ADJUDICATED AN ABUSED OR NEGLECTED CHILD;

(17) CAUSED THE CHILD TO BE IN THE PRESENCE OF A PERSON WHO HAS BEEN FOUND TO BE THE PERPETRATOR OF AN ACT THAT RESULTED IN A CHILD BEING ADJUDICATED AN ABUSED OR NEGLECTED CHILD;

(18) COMMITTED ANY OTHER ACT OR HAS ANY OTHER IMPAIRMENT OR CONDITION THAT WOULD IMPAIR THE PARENT'S ABILITY TO PERFORM APPROPRIATE PARENTING BEHAVIOR.

(C) THE COURT MAY IMPOSE ANY LIMITATION DESCRIBED IN DIVISION (B) OF THIS SECTION IN A PARENTING DECREE OR INTERIM PARENTING ORDER IF, BASED ON A PREPONDERANCE OF THE EVIDENCE, THE COURT FINDS THAT THE LIMITATION IS REASONABLY CALCULATED TO PREVENT THE CHILD FROM BEING AN ABUSED OR NEGLECTED CHILD. A COURT THAT FINDS THAT ANY OF THE FACTORS LISTED IN DIVISION (B) OF THIS SECTION IS APPLICABLE MAY DECIDE NOT TO IMPOSE ANY LIMITATION WITH RESPECT TO THE CHILD IF IT DETERMINES, BASED ON CLEAR AND CONVINCING EVIDENCE, THAT THE PROBABILITY THAT THE PARENT'S CONDUCT WILL RECUR IS REMOTE AND THAT THE CHILD IS NOT IN DANGER OF BEING AN ABUSED OR NEGLECTED CHILD. A COURT THAT DETERMINES THAT ONE OF THE FACTORS DESCRIBED IN DIVISION (B)(8), (11), (13), OR (17) OF THIS SECTION IS APPLICABLE MAY DECIDE NOT TO IMPOSE ANY LIMITATIONS WITH RESPECT TO THE CHILD IF THE COURT DETERMINES, BASED ON CLEAR AND CONVINCING EVIDENCE, THAT THE PROBABILITY THE CONDUCT OF THE PERSON DESCRIBED IN THOSE SECTIONS WILL RECUR IS REMOTE AND THAT THE CHILD IS NOT IN DANGER OF BEING AN ABUSED OR NEGLECTED CHILD.

A COURT THAT FINDS THAT ANY OF THE FACTORS LISTED IN DIVISION (B)(7) TO (18) OF THIS SECTION IS APPLICABLE MAY PROHIBIT IN A PARENTING DECREE OR INTERIM PARENTING ORDER ALL PHYSICAL CONTACT WITH THE PARENT IF THE COURT DETERMINES, BASED ON CLEAR AND CONVINCING EVIDENCE, THAT THE CHILD WOULD BE IN DANGER OF BEING AN ABUSED OR NEGLECTED CHILD IF PHYSICAL CONTACT WITH THAT PARENT IS PERMITTED.

(D) A COURT THAT INCLUDES ANY LIMITATION DESCRIBED IN DIVISION (B) OF THIS SECTION IN AN INTERIM PARENTING ORDER SHALL HOLD A HEARING NO LATER THAN TEN DAYS FOLLOWING THE ISSUANCE OF THE INTERIM ORDER. AT THE HEARING, THE COURT SHALL DETERMINE WHETHER THE LIMITATION SHOULD REMAIN PART OF THE INTERIM PARENTING ORDER OR BE ELIMINATED. THE PARENTS MAY PRESENT EVIDENCE AND BE REPRESENTED BY COUNSEL AT THE HEARING.

(E) IF THE COURT IMPOSES A LIMITATION IN A PARENTING DECREE OR INTERIM PARENTING ORDER REQUIRING ALL CONTACT BETWEEN A PARENT AND THE CHILD TO BE SUPERVISED, THE COURT SHALL EITHER SELECT A PERSON TO SUPERVISE THE PHYSICAL CONTACT OR REQUIRE THE PUBLIC CHILDREN SERVICES AGENCY OF THE COUNTY IN WHICH THE COURT IS LOCATED TO PROVIDE SUPERVISION SERVICES UNDER DIVISION (E)(6) OF SECTION 3113.31 OF THE REVISED CODE. THE COURT SHALL NOT APPROVE A PERSON TO SUPERVISE PHYSICAL CONTACT UNLESS IT MAKES A FINDING IN THE PARENTING DECREE OR INTERIM PARENTING ORDER THAT THE PERSON AGREES TO STRICTLY COMPLY WITH THE PROVISIONS OF THE DECREE OR ORDER AND THAT THE PERSON IS WILLING AND ABLE TO PROTECT THE CHILD FROM HARM. THE COURT SHALL REVOKE APPROVAL OF A PERSON TO SUPERVISE IF IT DETERMINES THAT THE PERSON IS NO LONGER WILLING OR ABLE TO PROTECT THE CHILD OR HAS FAILED TO PROTECT THE CHILD.

(F) IF A PARTY ALLEGES THAT ONE OR MORE OF THE FACTORS DESCRIBED IN DIVISION (B)(1) TO (18) OF THIS SECTION IS APPLICABLE TO A PARENT IN A PLEADING, MOTION, AFFIDAVIT, OR OTHER PAPER FILED WITH THE COURT AND THE COURT DETERMINES THAT THE ALLEGATION WAS MADE IN BAD FAITH OR WITHOUT A REASONABLE BASIS, THE COURT SHALL AWARD ATTORNEY'S FEES AND ALL REASONABLE LITIGATION EXPENSES TO THE OFFENDED PARTY WITHOUT REGARD TO NEED OR ABILITY TO PAY.

Sec. 3109.51. (A) AS USED IN THIS SECTION, "PARENTING DECREE" MEANS A PARENTING DECREE ISSUED PURSUANT TO SECTION 3109.49 OF THE REVISED CODE OR A SHARED PARENTING ORDER.

(B)(1) EXCEPT AS PROVIDED IN SECTION 3109.57 OF THE REVISED CODE AND DIVISIONS (C), (D), AND (E) OF THIS SECTION, THE COURT SHALL NOT MODIFY A PARENTING DECREE THAT WAS ISSUED LESS THAN ONE YEAR PRIOR TO THE DATE MODIFICATION IS REQUESTED UNLESS IT FINDS, BY CLEAR AND CONVINCING EVIDENCE BASED ON FACTS THAT HAVE ARISEN SINCE THE DECREE WAS ISSUED OR THAT WERE UNKNOWN TO THE COURT AT THE TIME THE DECREE WAS ISSUED, THAT A DRASTIC CHANGE HAS OCCURRED IN THE CIRCUMSTANCES OF THE CHILD OR EITHER OF THE PARENTS AND THAT THE MODIFICATION IS NECESSARY TO SERVE THE BEST INTEREST OF THE CHILD.

(2) EXCEPT AS PROVIDED IN SECTION 3109.57 OF THE REVISED CODE AND DIVISIONS (C), (D), AND (E) OF THIS SECTION, THE COURT SHALL NOT MODIFY A PARENTING DECREE THAT WAS ISSUED ONE YEAR OR MORE PRIOR TO THE DATE MODIFICATION IS REQUESTED UNLESS IT FINDS, BY A PREPONDERANCE OF THE EVIDENCE BASED ON FACTS THAT HAVE ARISEN SINCE THE DECREE WAS ISSUED OR THAT WERE UNKNOWN TO THE COURT AT THE TIME THE DECREE WAS ISSUED, THAT A CHANGE HAS OCCURRED IN THE CIRCUMSTANCES OF THE CHILD OR EITHER OF THE PARENTS AND THAT THE MODIFICATION IS NECESSARY TO SERVE THE BEST INTEREST OF THE CHILD.

(C) THE COURT MAY MAKE THE FOLLOWING MODIFICATIONS AT ANY TIME ON ITS OWN MOTION OR ON THE REQUEST OF ONE OR BOTH OF THE PARENTS:

(1) MODIFICATION PURSUANT TO SECTION 3113.21 TO 3113.219 OF THE REVISED CODE OF THE CHILD SUPPORT PROVISIONS OF A DECREE ALLOCATING PARENTAL RIGHTS AND RESPONSIBILITIES PRIMARILY TO ONE PARENT AND DESIGNATING THAT PARENT AS THE RESIDENTIAL PARENT OF THE CHILD ISSUED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION OR OF A PARENTING DECREE;

(2) MODIFICATION OF THE DISPUTE RESOLUTION PROCESS DESIGNATED IN A PARENTING DECREE ISSUED PURSUANT TO SECTION 3109.49 OF THE REVISED CODE;

(3) MODIFICATION OF THE PROVISIONS OF A PARENTING DECREE THAT GOVERN THE AMOUNT OF TIME EACH PARENT SPENDS WITH THE CHILD IF THE MODIFICATION MEETS ALL OF THE FOLLOWING REQUIREMENTS:

(a) DOES NOT CHANGE THE RESIDENTIAL PARENT DESIGNATION OR THE SCHOOL THE CHILD ATTENDS;

(b) DOES NOT EXCEED FIFTEEN DAYS IN A CALENDAR YEAR OR THREE DAYS IN A CALENDAR MONTH;

(c) IS BASED ON AN INVOLUNTARY CHANGE IN A PARENT'S EMPLOYMENT SCHEDULE MAKING THE TIME ALLOCATION PROVISIONS OF THE PARENTING DECREE IMPRACTICAL.

(D) THE PARENTS UNDER A PARENTING DECREE MAY JOINTLY MODIFY THE TERMS OF THE PARENTING PLAN APPROVED BY THE COURT AND INCORPORATED BY IT INTO THE DECREE. MODIFICATIONS MAY BE MADE UNDER THIS DIVISION AT ANY TIME. THE MODIFICATIONS TO THE PLAN SHALL BE FILED JOINTLY WITH THE COURT BY THE PARENTS AND THE COURT SHALL INCLUDE THEM IN THE PLAN, UNLESS THEY ARE NOT IN THE BEST INTEREST OF THE CHILD. IF THE MODIFICATIONS ARE NOT IN THE BEST INTEREST OF THE CHILD, THE COURT MAY REJECT THE MODIFICATIONS OR MAKE MODIFICATIONS TO THE PROPOSED MODIFICATIONS OR THE PLAN THAT ARE IN THE BEST INTEREST OF THE CHILD. MODIFICATIONS JOINTLY SUBMITTED BY THE PARENTS SHALL BE EFFECTIVE, EITHER AS ORIGINALLY FILED OR AS MODIFIED BY THE COURT, ON THEIR INCLUSION BY THE COURT IN THE PLAN. MODIFICATIONS TO THE PLAN MADE BY THE COURT SHALL BE EFFECTIVE ON THEIR INCLUSION BY THE COURT IN THE PLAN.

(E) THE COURT MAY TERMINATE A PARENTING DECREE WHENEVER IT DETERMINES THAT THE PARENTS SHOULD NOT BE ALLOCATED THE PARENTING FUNCTIONS AND RESPONSIBILITIES FOR THE CHILD. IF MODIFICATION OF A PARENTING DECREE IS ATTEMPTED UNDER DIVISION (C) OF THIS SECTION AND THE COURT REJECTS THE MODIFICATIONS, IT MAY TERMINATE THE PARENTING DECREE IF IT DETERMINES THAT THE PARENTS SHOULD NOT BE ALLOCATED THE PARENTING FUNCTIONS AND RESPONSIBILITIES FOR THE CHILD. ON THE TERMINATION OF A PARENTING DECREE, THE COURT SHALL PROCEED PURSUANT TO DIVISION (A)(3) OF SECTION 3109.49 OF THE REVISED CODE AS IF NO PARENTING DECREE HAD BEEN GRANTED.

Sec. 3109.06 3109.52. Any court, other than a juvenile court, that has jurisdiction in any case respecting the allocation of parental rights PARENTING FUNCTIONS and responsibilities for the care of a child under eighteen years of age and the designation of the child's place of residence and legal custodian or in any case respecting the support of a child under eighteen years of age, may, on its own motion or on motion of any interested party, with the consent of the juvenile court, certify the record in the case or so much of the record and such further information, in narrative form or otherwise, as the court deems necessary or the juvenile court requests, to the juvenile court for further proceedings; upon the certification, the juvenile court shall have exclusive jurisdiction.

In cases in which the court of common pleas finds the parents unsuitable to have the parental rights PARENTING FUNCTIONS and responsibilities for the care of the child or children and unsuitable to provide the place of residence and to be the legal custodian of the child or children, consent of the juvenile court shall not be required to such certification. This section applies to actions pending on August 28, 1951.

In any case in which a court of common pleas, or other court having jurisdiction, has issued an order that allocates parental rights and responsibilities UNDER FORMER SECTION 3109.04 of the Revised Code OR ALLOCATES PARENTING FUNCTIONS AND RESPONSIBILITIES UNDER SECTIONS 3109.40 TO 3109.62 of the Revised Code for the care of minor children and designates their place of residence and legal custodian of minor children, has made an order for support of minor children, or has done both, the jurisdiction of the court shall not abate upon the death of the person awarded custody but shall continue for all purposes during the minority of the children, and the court, upon its own motion or the motion of either parent or of any interested person acting on behalf of the children, may proceed to make further disposition of the case in the best interests of the children, or if the children are under eighteen years of age, it may certify them, pursuant to this section, to the juvenile court of any county for further proceedings. After certification to a juvenile court, the jurisdiction of the court of common pleas, or other court, shall cease, except as to any payments of spousal support due for the spouse and support payments due and unpaid for the children at the time of the certification.

Any disposition made pursuant to this section, whether by a juvenile court after a case is certified to it, or by any court upon the death of a person awarded custody of a child, shall be made in accordance with section 3109.04 SECTIONS 3109.40 TO 3109.62 of the Revised Code. If an appeal is taken from a decision made pursuant to this section that allocates parental rights PARENTING FUNCTIONS and responsibilities for the care of a minor child and designates the child's place of residence and legal custodian, the court of appeals shall give the case calendar priority and handle it expeditiously.

Sec. 3109.53. (A)(1) THE PARENTS UNDER A DECREE ISSUED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION THAT ALLOCATES PARENTAL RIGHTS AND RESPONSIBILITIES FOR THE CARE OF A CHILD PRIMARILY TO ONE PARENT AND NAMES THAT PARENT THE RESIDENTIAL PARENT AND LEGAL CUSTODIAN OF THE CHILD MAY JOINTLY MODIFY THE DECREE BY FILING WITH THE COURT A PROPOSED JOINT PARENTING PLAN AS DESCRIBED IN DIVISION (A) OF SECTION 3109.42 OF THE REVISED CODE.

(2) EITHER PARENT UNDER A DECREE ISSUED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION THAT ALLOCATES PARENTAL RIGHTS AND RESPONSIBILITIES FOR THE CARE OF A CHILD PRIMARILY TO ONE PARENT AND NAMES THAT PARENT THE RESIDENTIAL PARENT AND LEGAL CUSTODIAN OF THE CHILD MAY ASK THE COURT TO MODIFY THE DECREE BY FILING WITH THE COURT A MOTION TO MODIFY THE DECREE AND A PARENTING PLAN AS DESCRIBED IN DIVISION (B) OF SECTION 3109.42 of the Revised Code.

(3) A PROPOSED PARENTING PLAN MAY BE FILED UNDER DIVISION (A)(1) OR (2) OF THIS SECTION AT ANY TIME. SECTIONS 3109.40 TO 3109.62 OF THE REVISED CODE SHALL APPLY IN DETERMINING WHETHER THE PARENTING PLAN IS APPROVED.

(B) A CUSTODY DECREE ISSUED PURSUANT TO FORMER SECTION 3109.04 OF THE REVISED CODE PRIOR TO THE EFFECTIVE DATE OF THIS SECTION THAT ALLOCATED PARENTAL RIGHTS AND RESPONSIBILITIES FOR THE CARE OF A CHILD IS NOT AFFECTED OR INVALIDATED BY SECTION 3109.49 of the Revised Code. ANY SUCH DECREE ISSUED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION SHALL REMAIN IN FULL FORCE AND EFFECT, SUBJECT TO THE PROVISIONS OF SECTIONS 3109.40 TO 3109.62 OF THE REVISED CODE.

Sec. 3109.54. (A) PARENTS IN A DIVORCE, DISSOLUTION OF MARRIAGE, LEGAL SEPARATION, OR ANNULMENT PROCEEDING INVOLVING A MINOR CHILD OR IN A PROCEEDING TO ALLOCATE THE PARENTING FUNCTIONS AND RESPONSIBILITIES FOR THE CARE OF A CHILD UNDER SECTION 3109.62 OF THE REVISED CODE OR ANY OTHER ORIGINAL PROCEEDING SHALL COMPLETE A PARENTING EDUCATION SEMINAR NO LATER THAN FORTY-FIVE DAYS AFTER THE FILING OF THE ACTION OR SERVICE OF PROCESS. FOR GOOD CAUSE SHOWN THE COURT MAY WAIVE THIS REQUIREMENT OR EXTEND THE TIME PERIOD FOR A REASONABLE PERIOD OF TIME. ON COMPLETION OF THE SEMINAR, EACH PARENT SHALL NOTIFY THE COURT IN WRITING OF THE PARENT'S ATTENDANCE AND COMPLETION OF THE SEMINAR. THE NOTICE SHALL BE MADE A PART OF THE RECORD IN THE PROCEEDING. THE FAILURE OF A PARTY TO COMPLETE THE SEMINAR SHALL BE CONSIDERED AN ADDITIONAL FACTOR THE COURT MUST CONSIDER IN DETERMINING THE BEST INTEREST OF THE CHILD PURSUANT TO SECTION 3109.45 OF THE REVISED CODE WHEN ALLOCATING PARENTING FUNCTIONS AND RESPONSIBILITIES FOR THE CARE OF THE CHILD.

(B)(1) IN EACH ACTION FOR DIVORCE, DISSOLUTION OF MARRIAGE, LEGAL SEPARATION, OR ANNULMENT INVOLVING A MINOR CHILD OR IN A PROCEEDING TO ALLOCATE THE PARENTING FUNCTIONS AND RESPONSIBILITIES FOR THE CARE OF A CHILD UNDER SECTION 3109.62 OF THE REVISED CODE OR ANY OTHER ORIGINAL PROCEEDING, THE CLERK OF COURTS SHALL SEND ONE OF THE FOLLOWING BY REGULAR MAIL TO THE PERSON INITIATING THE ACTION AND WITH THE SERVICE OF PROCESS ON THE OTHER PARTY:

(a) A NOTICE OF THE DATE, TIME, AND LOCATION OF THE SEMINAR THE PARENT IS REQUIRED TO ATTEND;

(b) A SCHEDULE OF THE DATES, TIMES, AND LOCATIONS OF THE SEMINARS THE PARENT MAY ATTEND.

(2) IN EACH ACTION FOR DISSOLUTION OF MARRIAGE, THE CLERK SHALL SEND BY REGULAR MAIL TO BOTH PARTIES EITHER THE NOTICE OR SCHEDULE DESCRIBED IN DIVISIONS (B)(1)(a) AND (b) OF THIS SECTION.

(3) A PARENT THAT RECEIVES A SCHEDULE DESCRIBED IN DIVISION (B)(1)(b) OF THIS SECTION IS RESPONSIBLE FOR REGISTERING FOR ONE OF THE SEMINARS LISTED IN THE SCHEDULE.

(C) THE SUPREME COURT MAY ESTABLISH A MINIMUM CURRICULUM FOR THE PARENTING EDUCATION SEMINAR, WHICH SHALL BE UNIFORM THROUGHOUT THE STATE. THE CURRICULUM SHALL INCLUDE INSTRUCTION ON MEDIATION AND DISPUTE RESOLUTION. THE SUPREME COURT MAY ESTABLISH STANDARDS FOR CERTIFYING PROVIDERS OF THE PARENTING EDUCATION SEMINARS AND CERTIFY PROVIDERS THAT MEET THE STANDARDS. EACH COURT OF COMMON PLEAS HAVING JURISDICTION OVER THE PROCEEDINGS FOR WHICH THE SEMINAR IS REQUIRED MAY PRESCRIBE SEMINAR CURRICULUM REQUIREMENTS AND CERTIFICATION STANDARDS FOR SEMINAR PROVIDERS NOT INCONSISTENT WITH THE MINIMUM REQUIREMENTS AND CERTIFICATION STANDARDS ESTABLISHED BY THE SUPREME COURT PURSUANT TO THIS SECTION. IF THE STATE DOES NOT APPROPRIATE SUFFICIENT FUNDS TO A COURT OF COMMON PLEAS TO OPERATE THE SEMINARS, THE COMMON PLEAS COURT MAY TAX AS COSTS IN EACH PROCEEDING DESCRIBED IN DIVISION (A) OF THIS SECTION A PORTION OF THE EXPENSE OF PROVIDING THE SEMINAR.

Sec. 3109.55. (A)(1) PARENTS IN A PROCEEDING FOR DIVORCE, DISSOLUTION OF MARRIAGE, LEGAL SEPARATION, OR ANNULMENT INVOLVING ONE OR MORE CHILDREN, AN ORIGINAL PROCEEDING FOR THE ALLOCATION OF PARENTING FUNCTIONS AND RESPONSIBILITIES PURSUANT TO SECTION 3109.62 of the Revised Code OR ANY OTHER SECTION OF THE REVISED CODE, OR A PROCEEDING FOR MODIFICATION OF A PRIOR DECREE ALLOCATING PARENTING FUNCTIONS AND RESPONSIBILITIES PURSUANT TO SECTION 3109.51 OF THE REVISED CODE SHALL ATTEND A MEDIATION ASSESSMENT SCHEDULED BY THE COURT. THE COURT SHALL SCHEDULE THE MEDIATION ASSESSMENT TO BEGIN ON A DATE THAT IS ON OR AFTER THE COMPLETION OF THE PARENTING EDUCATION SEMINAR PURSUANT TO SECTION 3109.54 OF THE REVISED CODE, BUT NO LATER THAN SEVENTY-FIVE DAYS AFTER THE COMMENCEMENT OF THE ACTION OR THE FILING OF THE MOTION FOR MODIFICATION.

(2) THE COURT MAY EXCUSE A PARTY FROM MEDIATION ASSESSMENT IF ONE OF THE FOLLOWING APPLIES:

(a) IN THE CASE OF A PROCEEDING FOR DIVORCE, LEGAL SEPARATION, OR ANNULMENT, ONLY ONE PARENTING PLAN IS FILED IN THE ACTION AND THAT PLAN IS CONSIDERED TO BE A JOINT PARENTING PLAN PURSUANT TO DIVISION (A) OF SECTION 3109.42 OF THE REVISED CODE AND THE PARENTS HAVE FILED WITH THE COURT AN AFFIDAVIT SIGNED BY BOTH PARENTS STATING THAT THERE ARE NO ISSUES IN DISPUTE OR ANTICIPATED TO BE IN DISPUTE REGARDING THE ALLOCATION OF PARENTING FUNCTIONS AND RESPONSIBILITIES;

(b) IN THE CASE OF A PROCEEDING FOR DISSOLUTION OF MARRIAGE, THE PARTIES HAVE FILED A PROPOSED JOINT PARENTING PLAN PURSUANT TO DIVISION (A) OF SECTION 3109.42 OF THE REVISED CODE AND HAVE FILED WITH THE COURT AN AFFIDAVIT SIGNED BY BOTH PARENTS STATING THAT THERE ARE NO ISSUES IN DISPUTE OR ANTICIPATED TO BE IN DISPUTE REGARDING THE ALLOCATION OF PARENTING FUNCTIONS AND RESPONSIBILITIES;

(c) IN THE CASE OF A PROCEEDING TO MODIFY A PRIOR DECREE ALLOCATING THE PARENTING FUNCTIONS AND RESPONSIBILITIES PURSUANT TO SECTION 3109.51 OF THE REVISED CODE, THE PARENTS HAVE JOINTLY REQUESTED MODIFICATION OF THE PRIOR DECREE PURSUANT TO DIVISION (C), (D), OR (E) OF SECTION 3109.51 of the Revised Code AND HAVE FILED WITH THE COURT AN AFFIDAVIT SIGNED BY BOTH PARENTS STATING THAT THERE ARE NO ISSUES IN DISPUTE OR ANTICIPATED TO BE IN DISPUTE REGARDING THE ALLOCATION;

(d) THE COURT, ON A MOTION FILED BY EITHER PARTY NO LATER THAN THIRTY DAYS PRIOR TO THE DATE OF THE MEDIATION ASSESSMENT, FINDS THAT MEDIATION WOULD BE INAPPROPRIATE FOR ONE OF THE FOLLOWING REASONS:

(i) THE PARENTS HAVE MEDIATED THE ISSUES IN DISPUTE WITHIN THE LAST SIX MONTHS;

(ii) ONE OF THE PARENTS HAS A HISTORY OF CHILD ABUSE, SPOUSAL ABUSE, OTHER DOMESTIC VIOLENCE, OR PARENTAL KIDNAPPING;

(iii) ONE OF THE PARENTS HAS A HISTORY OF SEVERE PSYCHOLOGICAL OR EMOTIONAL PROBLEMS;

(iv) ONE OF THE PARENTS IS OUTSIDE OF THE JURISDICTION OF THE COURT AND IS UNABLE TO OR REFUSES TO PARTICIPATE IN MEDIATION;

(v) ANY OTHER RELEVANT FACTOR INDICATES THAT MEDIATION WOULD BE INAPPROPRIATE.

THE PARENT MAKING THE MOTION UNDER DIVISION (A)(2)(d) OF THIS SECTION HAS THE BURDEN TO PROVE THAT MEDIATION WOULD BE INAPPROPRIATE.

(3) ON THE COMMENCEMENT OF A PROCEEDING DESCRIBED IN DIVISION (A)(1) OF THIS SECTION, THE CLERK OF COURTS SHALL SEND BY REGULAR MAIL TO EACH PARTY, A NOTICE THAT INCLUDES THE FOLLOWING:

(a) THE DATE, TIME, AND PLACE OF THE MEDIATION ASSESSMENT;

(b) A DESCRIPTION OF THE MEDIATION PROCESS;

(c) A NOTICE OF THE SANCTIONS DESCRIBED IN DIVISION (B)(2) OF THIS SECTION THAT MAY BE IMPOSED FOR FAILURE TO APPEAR AT THE MEDIATION ASSESSMENT UNLESS ATTENDANCE AT THE ASSESSMENT IS WAIVED PURSUANT TO DIVISION (A)(2) OF THIS SECTION.

(B)(1) THE MEDIATION ASSESSMENT SHALL BE CONDUCTED BY A PERSON DESIGNATED BY THE COURT. THE ASSESSMENT SHALL CONSIST OF AT LEAST ONE MEETING TO DETERMINE WHETHER ANY DISPUTE EXISTS BETWEEN THE PARTIES WITH RESPECT TO THE ALLOCATION OF THE PARENTING FUNCTIONS AND RESPONSIBILITIES FOR CARE OF THE CHILD, THE NATURE OF ANY DISPUTE THAT EXISTS, AND WHETHER MEDIATION IS APPROPRIATE TO RESOLVE THE DISPUTE. AS PART OF THE MEDIATION ASSESSMENT, THE PERSON CONDUCTING THE ASSESSMENT SHALL EXPLAIN THE MEDIATION PROCESS AND ITS POSSIBLE ADVANTAGES.

(2) IF EITHER PARTY FAILS TO ATTEND THE MEDIATION ASSESSMENT, THE PERSON CONDUCTING IT SHALL TERMINATE THE MEDIATION ASSESSMENT AND NOTIFY THE COURT OF THE FAILURE. A PARTY NOT EXCUSED PURSUANT TO DIVISION (A)(2) OF THIS SECTION WHO FAILS TO ATTEND WITHOUT GOOD CAUSE SHALL BE IN CONTEMPT OF COURT AND THE COURT MAY CONSIDER THE FAILURE TO ATTEND AS A FACTOR WHEN DETERMINING THE BEST INTEREST OF THE CHILD WITH RESPECT TO THE ALLOCATION OF PARENTING FUNCTIONS AND RESPONSIBILITIES FOR THE CARE OF THE CHILD. IN ADDITION TO ANY SANCTIONS IMPOSED BY THE COURT FOR CONTEMPT, THE COURT MAY ORDER THE PARTY WHO FAILED TO ATTEND TO PAY THE COSTS OF THE MEDIATION ASSESSMENT SESSION, THE REASONABLE ATTORNEY'S FEES OF THE OTHER PARTY, AND THE COURT COSTS FOR THE CONTEMPT PROCEEDING.

(C)(1) AT THE COMPLETION OF THE MEDIATION ASSESSMENT, THE PERSON DESIGNATED TO CONDUCT THE ASSESSMENT SHALL PREPARE A WRITTEN REPORT AND FILE IT WITH THE COURT. THE PERSON SHALL SEND COPIES OF THE REPORT TO THE PARENTS, THE GUARDIAN AD LITEM OF THE CHILD, AND THE ATTORNEYS FOR THE PARENT AND THE CHILD. THE REPORT SHALL STATE WHETHER A DISPUTE EXISTS CONCERNING THE ALLOCATION OF THE PARENTING FUNCTIONS AND RESPONSIBILITIES FOR THE CARE OF THE CHILD, THAT IF A DISPUTE EXISTS, THE NATURE OF THE DISPUTE AND WHETHER MEDIATION WOULD BE APPROPRIATE TO SETTLE THE DISPUTE, AND THAT IF MEDIATION IS APPROPRIATE, WHETHER THE PARTIES HAVE AGREED TO PARTICIPATE IN MEDIATION.

(2) IF THE PARTIES AGREE TO PARTICIPATE IN MEDIATION, THE REPORT SHALL CONTAIN A MEDIATION AGREEMENT BETWEEN THE PARENTS THAT SPECIFIES THE FOLLOWING:

(a) THE NAME OF THE PERSON SELECTED BY THE PARTIES TO BE THE MEDIATOR;

(b) THE SCHEDULE OF MEDIATION;

(c) THE TIME PERIOD IN WHICH THE MEDIATION PROCESS IS TO BE COMPLETED;

(d) THE ISSUES TO BE ADDRESSED IN MEDIATION.

ON RECEIPT OF THE REPORT, THE COURT SHALL ISSUE AN ORDER REQUIRING THE PARTIES TO PARTICIPATE IN MEDIATION CONSISTENT WITH THE AGREEMENT CONTAINED IN THE REPORT.

(3) THE ATTORNEYS FOR EACH PARTY MAY ATTEND AND PARTICIPATE IN THE MEDIATION SESSIONS. ON THE REQUEST OF EITHER PARTY, THE GUARDIAN AD LITEM AND ATTORNEY FOR THE CHILD MAY ATTEND AND PARTICIPATE IN THE MEDIATION SESSIONS. NO OTHER PERSON MAY ATTEND AND PARTICIPATE IN MEDIATION SESSIONS UNLESS THE MEDIATOR AND BOTH PARTIES AGREE.

(4) IF THE STATE DOES NOT APPROPRIATE SUFFICIENT FUNDS TO A COURT OF COMMON PLEAS TO PAY FOR THE COST OF MEDIATION ASSESSMENTS AND NO MORE THAN TWO MEDIATION SESSIONS PURSUANT TO ANY PROCEEDING DESCRIBED IN DIVISION (A)(1) OF THIS SECTION, THE COURT SHALL ORDER THE PARENTS TO PAY THE COST OF THE MEDIATION ASSESSMENT AND MEDIATION SESSIONS. IF THE PARENTS PARTICIPATE IN MORE THAN TWO MEDIATION SESSIONS, THE COURT SHALL ORDER THE PARENTS TO PAY THE COST OF THE THIRD AND SUBSEQUENT MEDIATION SESSIONS. THE COURT SHALL ALLOCATE BETWEEN THE PARENTS THE COSTS THE COURT ORDERS THE PARENTS TO PAY PURSUANT TO DIVISION (C)(4) OF THIS SECTION.

(D)(1) AT THE CONCLUSION OF THE MEDIATION PROCESS, THE MEDIATOR SHALL SUBMIT A REPORT OF THE RESULTS OF THE MEDIATION TO THE COURT. THE REPORT SHALL INDICATE WHETHER ANY AGREEMENT, FULL OR PARTIAL, HAD BEEN REACHED CONCERNING THE ISSUES ADDRESSED IN THE MEDIATION. NO MEDIATION REPORT SHALL CONTAIN ANY BACKGROUND INFORMATION CONCERNING THE MEDIATION PROCESS OR ANY INFORMATION DISCUSSED OR PRESENTED IN THE PROCESS. ANY MEMORANDUM OF UNDERSTANDING CONTAINING THE AGREEMENTS REACHED THROUGH MEDIATION SHALL BE SENT ONLY TO THE PARTIES AND THEIR ATTORNEYS.

(2) AT ANY TIME WHILE THE PROCEEDING DESCRIBED IN DIVISION (A)(1) OF THIS SECTION IS PENDING, THE PARTIES MAY AGREE TO COMMENCE OR RESUME MEDIATION.

(3) THE MEDIATOR SHALL NOT BE MADE A PARTY TO, AND SHALL NOT BE CALLED AS A WITNESS TO TESTIFY IN, ANY ACTION OR PROCEEDING, OTHER THAN A CRIMINAL, DELINQUENCY, CHILD ABUSE, CHILD NEGLECT, OR DEPENDENT CHILD ACTION OR PROCEEDING, BROUGHT BY OR AGAINST EITHER PARENT THAT PERTAINS TO THE MEDIATION PROCESS, TO ANY INFORMATION DISCUSSED OR PRESENTED IN THE MEDIATION PROCESS, OR TO THE ALLOCATION OF PARENTING FUNCTIONS AND RESPONSIBILITIES FOR THE CARE OF THE PARENTS' CHILDREN. THE MEDIATOR SHALL NOT BE MADE A PARTY TO, OR BE CALLED AS A WITNESS OR TESTIFY IN, SUCH AN ACTION OR PROCEEDING EVEN IF BOTH PARENTS GIVE THEIR PRIOR CONSENT.

(E) THIS SECTION DOES NOT APPLY TO EITHER OF THE FOLLOWING:

(1) ANY PROCEEDING, OR THE USE OF MEDIATION IN ANY PROCEEDING THAT IS NOT A PROCEEDING FOR DIVORCE, DISSOLUTION OF MARRIAGE, LEGAL SEPARATION, ANNULMENT, AN ORIGINAL PROCEEDING FOR THE ALLOCATION OF PARENTING FUNCTIONS AND RESPONSIBILITIES FOR THE CARE OF A CHILD PURSUANT TO SECTION 3109.62 OF THE REVISED CODE OR ANY OTHER SECTION OF THE REVISED CODE, OR A PROCEEDING FOR THE MODIFICATION OF A PRIOR DECREE FOR THE ALLOCATION OF PARENTING FUNCTIONS AND RESPONSIBILITIES FOR THE CARE OF A CHILD PURSUANT TO SECTION 3109.51 OF THE REVISED CODE;

(2) THE USE OF MEDIATION IN ANY PROCEEDING FOR DIVORCE, DISSOLUTION OF MARRIAGE, LEGAL SEPARATION, ANNULMENT, AN ORIGINAL PROCEEDING FOR THE ALLOCATION OF PARENTING FUNCTIONS AND RESPONSIBILITIES FOR THE CARE OF A CHILD PURSUANT TO SECTION 3109.62 OF THE REVISED CODE OR ANY OTHER SECTION OF THE REVISED CODE, OR A PROCEEDING FOR THE MODIFICATION OF A PRIOR DECREE FOR THE ALLOCATION OF PARENTING FUNCTIONS AND RESPONSIBILITIES FOR THE CARE OF A CHILD PURSUANT TO SECTION 3109.51 OF THE REVISED CODE, IN RELATION TO ISSUES OTHER THAN THE APPROPRIATE ALLOCATION OF PARENTING FUNCTIONS AND RESPONSIBILITIES FOR THE CARE OF THE PARENTS' CHILDREN.

(F) THE SUPREME COURT MAY ESTABLISH MINIMUM QUALIFICATION STANDARDS THAT A PERSON MUST MEET TO ACT AS A MEDIATOR PURSUANT TO THIS SECTION. EACH COURT OF COMMON PLEAS MAY ESTABLISH QUALIFICATIONS THAT ARE NOT INCONSISTENT WITH THE QUALIFICATIONS ESTABLISHED BY THE SUPREME COURT. EACH COURT OF COMMON PLEAS SHALL CERTIFY EACH MEDIATOR WHO MEETS THE QUALIFICATIONS ESTABLISHED BY THE SUPREME COURT AND THAT COURT OF COMMON PLEAS TO PROVIDE MEDIATION SERVICES IN THE COUNTY SERVED BY THE COURT. ANY PERSON WHO MEETS THE QUALIFICATIONS ESTABLISHED PURSUANT TO THIS DIVISION MAY BE CERTIFIED AS A MEDIATOR.

Sec. 3109.56. (A) AS USED IN THIS SECTION:

(1) "RECORD" MEANS ANY RECORD, DOCUMENT, FILE, OR OTHER MATERIAL THAT CONTAINS INFORMATION DIRECTLY RELATED TO A CHILD, INCLUDING ALL OF THE FOLLOWING:

(a) RECORDS MAINTAINED BY PUBLIC AND NONPUBLIC SCHOOLS;

(b) RECORDS MAINTAINED BY FACILITIES THAT PROVIDE CHILD DAY-CARE, AS DEFINED IN SECTION 5104.01 OF THE REVISED CODE, OR PRE-SCHOOL SERVICES OPERATED BY OR UNDER THE SUPERVISION OF A SCHOOL DISTRICT BOARD OF EDUCATION OR A NONPUBLIC SCHOOL;

(c) RECORDS MAINTAINED BY HOSPITALS, OTHER HEALTH CARE FACILITIES, OR PERSONS PROVIDING MEDICAL OR SURGICAL CARE OR TREATMENT FOR THE CHILD;

(d) RECORDS MAINTAINED BY AGENCIES, DEPARTMENTS, INSTRUMENTALITIES, OR OTHER ENTITIES OF THE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE, OTHER THAN A CHILD SUPPORT ENFORCEMENT AGENCY. ACCESS TO RECORDS MAINTAINED BY A CHILD SUPPORT ENFORCEMENT AGENCY IS GOVERNED BY DIVISION (G)(2) OF SECTION 2301.35 OF THE REVISED CODE.

(2) "CONFIDENTIAL LAW ENFORCEMENT INVESTIGATORY RECORD" HAS THE SAME MEANING AS IN SECTION 149.43 OF THE REVISED CODE.

(B)(1) SUBJECT TO DIVISION (G)(2) OF SECTION 2301.35, DIVISION (F) OF SECTION 3319.321, AND SECTION 5104.011 OF THE REVISED CODE, EACH PARENT SHALL HAVE ACCESS TO ANY RECORD RELATED TO THE PARENT'S CHILD, ANY CHILD DAY-CARE CENTER THAT IS, OR THAT IN THE FUTURE MAY BE, ATTENDED BY THAT CHILD, AND ANY STUDENT ACTIVITY THAT IS RELATED TO THE CHILD UNDER THE SAME TERMS AND CONDITIONS THAT ANY PARENT OF A CHILD WOULD BE LEGALLY PROVIDED ACCESS, UNLESS ACCESS BY A PARENT IS LIMITED OR PROHIBITED UNDER AN ORDER ISSUED UNDER FORMER SECTION 3109.051 OF THE REVISED CODE GRANTING COMPANIONSHIP AND VISITATION RIGHTS WITH RESPECT TO A CHILD OR UNDER A PARENTING DECREE PURSUANT TO SECTION 3109.50 OF THE REVISED CODE.

(2) WITH RESPECT TO RECORDS PERTAINING TO THE CHILD, THE PROSECUTING ATTORNEY OF ANY COUNTY MAY FILE A COMPLAINT WITH THE COURT OF COMMON PLEAS OF THAT COUNTY ASKING THE COURT TO ISSUE A PROTECTIVE ORDER PREVENTING THE DISCLOSURE OF ANY CONFIDENTIAL LAW ENFORCEMENT INVESTIGATORY RECORD. THE COURT SHALL SCHEDULE A HEARING ON THE MOTION AND GIVE NOTICE OF THE DATE, TIME, AND LOCATION OF THE HEARING TO ALL PARTIES.

(C) ANY PERSON WHO KNOWINGLY FAILS TO COMPLY WITH DIVISION (B)(1) OF THIS SECTION IS IN CONTEMPT OF COURT. IF THE COURT FINDS A PERSON IN CONTEMPT OF COURT FOR FAILING TO COMPLY WITH DIVISION (B)(1) OF THIS SECTION, THE COURT, IN ADDITION TO ANY OTHER PENALTY OR REMEDY IMPOSED, SHALL ASSESS ALL COURT COSTS ARISING OUT OF THE CONTEMPT PROCEEDING AGAINST THE PERSON AND REQUIRE THE PERSON TO PAY REASONABLE ATTORNEY'S FEES OF ANY ADVERSE PARTY, AS DETERMINED BY THE COURT WITHOUT REGARD TO ABILITY TO PAY, THAT AROSE IN RELATIONSHIP TO THE ACT OF CONTEMPT.

Sec. 3109.57. (A) AS USED IN THIS SECTION AND IN SECTIONS 3109.58 AND 3109.581 of the Revised Code, "PARENTING DECREE" MEANS A PARENTING DECREE ISSUED PURSUANT TO SECTION 3109.49 OF THE REVISED CODE OR A SHARED PARENTING ORDER.

(B) IF A PARENT INTENDS TO MOVE TO A RESIDENCE OTHER THAN THE RESIDENCE SPECIFIED IN THE PARENTING DECREE AND THE NEW RESIDENCE IS IN THE SAME COUNTY OR A CONTIGUOUS COUNTY, THE PARENT SHALL FILE WITH THE COURT NO LATER THAN THREE DAYS PRIOR TO THE DATE THE PARENT INTENDS TO MOVE, A NOTICE OF RELOCATION THAT INCLUDES THE NEW RESIDENCE ADDRESS AND TELEPHONE NUMBER. THE COURT SHALL SERVE A COPY OF THE NOTICE ON THE OTHER PARENT, UNLESS THE OTHER PARENT HAS BEEN PROHIBITED PURSUANT TO SECTION 3109.50 of the Revised Code FROM RECEIVING THE NOTICE OF RELOCATION. NO FEE MAY BE IMPOSED FOR FILING THE NOTICE REQUIRED BY THIS DIVISION.

(C) IF A PARENT INTENDS TO MOVE TO A RESIDENCE OTHER THAN THE RESIDENCE SPECIFIED IN THE PARENTING DECREE AND THE NEW RESIDENCE IS NOT IN THE SAME COUNTY AS OR A CONTIGUOUS COUNTY, THE PARENT SHALL FILE WITH THE COURT NO LATER THAN THIRTY DAYS PRIOR TO THE INTENDED DATE OF THE MOVE A NOTICE THAT INCLUDES THE NEW RESIDENCE ADDRESS AND TELEPHONE NUMBER. AT THE TIME OF FILING THE NOTICE, THE PARENT SHALL FILE A MOTION REQUESTING MODIFICATION OF THE PARENTING DECREE AND A PROPOSED MODIFIED PARENTING PLAN THAT SETS FORTH THE ALLOCATION OF PARENTING FUNCTIONS AND RESPONSIBILITIES FOR THE CARE OF THE CHILD AND MEETS THE REQUIREMENTS OF SECTION 3109.44 OF THE REVISED CODE.

(D)(1) EXCEPT AS PROVIDED IN DIVISIONS (D)(2) AND (3) OF THIS SECTION, THE COURT SHALL, NO LATER THAN FIVE DAYS AFTER THE DATE THEY ARE FILED WITH THE COURT, SEND COPIES OF THE NOTICE, MOTION, AND PLAN TO THE OTHER PARENT.

(2) IF A COURT HAS DETERMINED PURSUANT TO SECTION 3109.50 of the Revised Code THAT A PARENT IS NOT TO RECEIVE A COPY OF THE NOTICE, MOTION, AND PLAN DESCRIBED IN DIVISION (C) OF THIS SECTION, THE COURT SHALL NOT SEND COPIES PURSUANT TO DIVISION (D)(1) OF THIS SECTION UNLESS THE COURT DETERMINES THAT IT IS IN THE BEST INTEREST OF THE CHILD TO GIVE A COPY OF THE NOTICE, MOTION, AND PLAN TO THAT PARENT, ISSUES AN ORDER STATING THAT THE PARENT WILL BE GIVEN COPIES, AND MAKES SPECIFIC FINDINGS OF FACT AND CONCLUSIONS OF LAW SUPPORTING ITS DETERMINATION AND ENTERS THEM ON THE RECORD.

(3) IF A COURT HAS NOT IMPOSED A PROHIBITION PURSUANT TO SECTION 3109.50 OF THE REVISED CODE PREVENTING A PARENT FROM RECEIVING A COPY OF THE NOTICE, MOTION, AND PLAN DESCRIBED IN DIVISION (C) OF THIS SECTION BUT THE PARENT WHO INTENDS TO RELOCATE DOES NOT WANT THE OTHER PARENT TO RECEIVE A COPY OF THE NOTICE, MOTION, AND PLAN BECAUSE ONE OF THE FACTORS LISTED IN DIVISIONS (A)(8) TO (17) OF SECTION 3109.50 OF THE REVISED CODE ARE APPLICABLE WITH RESPECT TO THE OTHER PARENT, THE PARENT INTENDING TO RELOCATE MAY FILE A MOTION WITH THE COURT REQUESTING THAT THE OTHER PARENT NOT RECEIVE A COPY OF THE NOTICE, MOTION, AND PLAN. ON THE FILING OF THE MOTION, THE COURT SHALL SCHEDULE A HEARING ON THE MOTION AND GIVE BOTH PARENTS NOTICE OF THE DATE, TIME, AND LOCATION OF THE HEARING. IF THE COURT DETERMINES THAT ONE OF THE FACTORS LISTED IN DIVISION (A)(8) TO (17) OF SECTION 3109.50 OF THE REVISED CODE APPLIES WITH RESPECT TO THE OTHER PARENT, THE COURT SHALL ISSUE AN ORDER THAT THE OTHER PARENT IS NOT TO RECEIVE A COPY OF THE NOTICE, MOTION, OR PLAN PURSUANT TO DIVISION (D)(1) OF THIS SECTION, UNLESS THE COURT DETERMINES THAT IT IS IN THE BEST INTEREST OF THE CHILD THAT THE OTHER PARENT BE GIVEN COPIES, ISSUES AN ORDER STATING THAT THE PARENT WILL BE GIVEN COPIES, AND ISSUES SPECIFIC FINDINGS OF FACT AND CONCLUSIONS OF LAW SUPPORTING ITS DETERMINATION AND ENTERS THEM ON THE RECORD. IF THE COURT FINDS THAT NONE OF THE FACTORS LISTED IN DIVISIONS (A)(8) TO (17) OF SECTION 3109.50 OF THE REVISED CODE APPLY TO THE OTHER PARENT, THE COURT SHALL DISMISS THE MOTION FILED UNDER DIVISION (D)(3) OF THIS SECTION.

(E)(1) A PARENT HAS FOURTEEN DAYS FROM RECEIPT OF THE NOTICE, MOTION, AND PLAN TO OBJECT TO THE PROPOSED MODIFIED PARENTING PLAN. A PARENT WHO FAILS TO MAKE A TIMELY OBJECTION SHALL BE CONSIDERED IN AGREEMENT WITH THE PROPOSED MODIFIED PARENTING PLAN AND THE COURT SHALL TREAT THE PLAN AS IF IT WAS JOINTLY PROPOSED BY THE PARTIES. OBJECTION MAY BE MADE BY FILING A MOTION TO MODIFY THE PARENTING ORDER OR DECREE BECAUSE OF THE RELOCATION OF A PARENT. THE MOTION SHALL BE ACCOMPANIED BY A PROPOSED MODIFIED PARENTING PLAN THAT ALLOCATES THE PARENTING FUNCTIONS AND RESPONSIBILITIES FOR THE CARE OF THE CHILD THAT COMPLIES WITH THE REQUIREMENTS OF SECTION 3109.44 OF THE REVISED CODE. AT THE TIME THE COURT SENDS COPIES OF THE NOTICE, MOTION, AND PLAN TO THE OTHER PARENT PURSUANT TO DIVISION (D)(1) OF THIS SECTION, THE COURT SHALL SEND AN ADDITIONAL NOTICE STATING THE FOLLOWING: "YOU HAVE FOURTEEN DAYS FROM THE RECEIPT OF THIS NOTICE TO OBJECT TO THE NOTICE OF INTENT TO RELOCATE, THE MOTION TO MODIFY THE PARENTING DECREE BECAUSE OF THE RELOCATION OF A PARENT, AND THE PROPOSED MODIFIED PARENTING PLAN FILED BY THE PARENT INTENDING TO RELOCATE. YOU MAY OBJECT BY FILING YOUR OWN MOTION TO MODIFY THE PARENTING DECREE OR ORDER AND PROPOSED MODIFIED PARENTING PLAN. IF YOU FAIL TO OBJECT WITHIN THE FOURTEEN-DAY TIME PERIOD, YOU WILL BE PRESUMED TO BE IN AGREEMENT WITH THE PROPOSED MODIFIED PARENTING PLAN FILED BY THE PARENT INTENDING TO RELOCATE AND THE COURT SHALL CONSIDER THAT PLAN TO BE JOINTLY PROPOSED BY THE PARENTS."

(2) IF THE OTHER PARENT FAILS TO MAKE A TIMELY OBJECTION TO THE NOTICE, MOTION, AND PLAN DESCRIBED IN DIVISION (C) OF THIS SECTION, THE COURT SHALL REVIEW THE PROPOSED MODIFIED PARENTING PLAN OF THE PARENT INTENDING TO RELOCATE TO DETERMINE WHETHER IT IS IN THE BEST INTEREST OF THE CHILD. IF IT DETERMINES THAT THE PLAN IS IN THE BEST INTEREST OF THE CHILD, THE COURT SHALL APPROVE IT. IF THE COURT DETERMINES THAT THE PLAN OR ANY PART OF THE PLAN IS NOT IN THE BEST INTEREST OF THE CHILD, IT SHALL REQUIRE THE PARENTS TO MAKE APPROPRIATE CHANGES TO THE PLAN TO MEET THE COURT'S OBJECTIONS. IF CHANGES ARE MADE AND THE NEW PLAN IS IN THE BEST INTEREST OF THE CHILD, THE COURT SHALL APPROVE THE PLAN. IF CHANGES TO THE PLAN THAT MEET THE COURT'S OBJECTIONS ARE NOT MADE, THE COURT MAY REJECT THE PARENTING PLAN. IF THE COURT REJECTS THE PROPOSED MODIFIED PARENTING PLAN, THE COURT SHALL APPROVE ITS OWN PLAN, WHICH SHALL COMPLY WITH THE REQUIREMENTS OF SECTION 3109.44 OF THE REVISED CODE. THE COURT SHALL NOT APPROVE ANY PLAN UNDER THIS DIVISION UNLESS IT DETERMINES THAT THE PLAN IS IN THE BEST INTEREST OF THE CHILD. THE COURT SHALL ENTER IN THE RECORD OF THE CASE FINDINGS OF FACT AND CONCLUSIONS OF LAW AS TO THE REASONS FOR THE APPROVAL OR REJECTION OF THE PLAN.

(3) IF THE OTHER PARENT MAKES A TIMELY OBJECTION PURSUANT TO THIS SECTION, THE COURT SHALL REVIEW EACH PLAN FILED TO DETERMINE WHETHER EITHER IS IN THE BEST INTEREST OF THE CHILD. IF THE COURT DETERMINES THAT ONE OF THE PLANS IS IN THE BEST INTEREST OF THE CHILD, IT MAY APPROVE THE PLAN. IF IT DETERMINES THAT NEITHER PLAN IS IN THE BEST INTEREST OF THE CHILD, THE COURT MAY ORDER EACH PARENT TO SUBMIT APPROPRIATE CHANGES TO THE PARENT'S PLAN OR BOTH OF THE PLANS TO MEET THE COURT'S OBJECTIONS, OR MAY SELECT ONE OF THE PLANS AND ORDER EACH PARENT TO SUBMIT APPROPRIATE CHANGES TO THE SELECTED PLAN TO MEET THE COURT'S OBJECTIONS. IF CHANGES ARE SUBMITTED TO MEET THE COURT'S OBJECTIONS AND ANY OF THE PLANS WITH THE CHANGES IS IN THE BEST INTEREST OF THE CHILD, THE COURT MAY APPROVE THE PLAN WITH THE CHANGES. IF CHANGES TO THE PLAN THAT MEET THE COURT'S OBJECTIONS ARE NOT MADE, THE COURT SHALL REJECT THE PARENTS' PROPOSED PLANS.

THE COURT SHALL NOT APPROVE MORE THAN ONE PLAN UNDER DIVISION (E)(3) OF THIS SECTION AND SHALL NOT APPROVE A PLAN UNLESS IT DETERMINES THAT THE PLAN IS IN THE BEST INTEREST OF THE CHILD. IF THE COURT DOES NOT DETERMINE THAT ANY PLAN OR PLAN WITH SUBMITTED CHANGES IS IN THE BEST INTEREST OF THE CHILD, THE COURT SHALL APPROVE ITS OWN PLAN, WHICH SHALL COMPLY WITH THE REQUIREMENTS OF SECTION 3109.44 OF THE REVISED CODE. THE COURT SHALL ENTER IN THE RECORD OF THE CASE FINDINGS OF FACT AND CONCLUSIONS OF LAW AS TO THE REASONS FOR THE APPROVAL OR REJECTION OF A PLAN.

(4) THE COURT SHALL SCHEDULE A HEARING TO REVIEW PROPOSED MODIFIED PARENTING PLANS PURSUANT TO DIVISION (E)(3) OF THIS SECTION TO BE HELD NO LATER THAN FIVE DAYS AFTER THE FOURTEEN-DAY PERIOD FOR OBJECTION HAS ELAPSED. THE PARTIES MAY PRESENT EVIDENCE CONCERNING THE PROPOSED PLANS AND THE BEST INTEREST OF THE CHILD AT THE HEARING. THE COURT SHALL MAKE ITS DETERMINATION CONCERNING WHETHER TO APPROVE A PLAN OR REJECT THE PLANS AND APPROVE ITS OWN PLAN AND SHALL ISSUE A NEW PARENTING DECREE OR ORDER NO LATER THAN FIVE DAYS AFTER THE TERMINATION OF THE HEARING. THE NEW PARENTING DECREE OR ORDER SHALL NOT BE ISSUED LATER THAN THIRTY DAYS AFTER THE NOTICE, MOTION, AND PLAN DESCRIBED IN DIVISION (C) OF THIS SECTION ARE FILED WITH THE COURT. A PARENT INTENDING TO RELOCATE AS DESCRIBED IN DIVISION (C) OF THIS SECTION SHALL NOT PHYSICALLY RELOCATE THE CHILD TO THE NEW RESIDENCE WITHOUT PRIOR APPROVAL OF THE COURT PURSUANT TO THIS SECTION.

(F) THE RESIDENTIAL PARENT WHO INTENDS TO MOVE TO A RESIDENCE OTHER THAN THE RESIDENCE SPECIFIED IN A VISITATION ORDER OR DECREE THAT WAS ISSUED UNDER FORMER SECTION 3109.051 OF THE REVISED CODE THAT IS STILL IN EFFECT ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION, SHALL COMPLY WITH THE PROVISIONS OF THIS SECTION. IF THE COURT HAS PREVIOUSLY ISSUED AN ORDER STATING THAT THE PARENT GRANTED VISITATION SHALL NOT BE GIVEN ANY NOTICE OF RELOCATION, THAT ORDER SHALL BE TREATED AS A LIMITATION PROHIBITING THAT PARENT FROM RECEIVING A RELOCATION NOTICE PURSUANT TO SECTION 3109.50 OF THE REVISED CODE.

(G) A PROPOSED MODIFIED PARENTING PLAN FILED UNDER THIS SECTION SHALL BE SIGNED BY THE PARTY PROPOSING IT AND INCLUDE A STATEMENT THAT THE TERMS OF THE PLAN ARE BEING PROPOSED IN GOOD FAITH.

Sec. 3109.58. (A) THIS SECTION AND SECTION 3109.581 of the Revised Code ARE NOT APPLICABLE TO THE COURTS OF COMMON PLEAS IN THIS STATE DURING ANY FISCAL BIENNIUM THAT THE STATE DOES NOT MAKE APPROPRIATIONS SUFFICIENT TO PERMIT ALL OF THE COURTS TO COMPLY WITH IT.

(B)(1) IF A PARENT IS NOT COMPLYING WITH A PARENTING DECREE OR AN INTERIM PARENTING ORDER, THE OTHER PARENT MAY FILE A REQUEST FOR ENFORCEMENT WITH THE COMPLIANCE UNIT ESTABLISHED UNDER SECTION 3109.581 OF THE REVISED CODE OF THE COURT THAT ISSUED THE DECREE OR ORDER. THE PARENT FILING THE REQUEST SHALL ATTACH TO IT AN AFFIDAVIT IN SUPPORT OF THE REQUEST FOR ENFORCEMENT THAT SETS FORTH THE FACTS SUPPORTING THE ALLEGATION THAT THE OTHER PARENT IS NOT COMPLYING WITH THE DECREE OR ORDER. THE PARENT FILING THE REQUEST SHALL SERVE IT AND THE AFFIDAVIT ON THE OTHER PARENT PURSUANT TO THE RULES OF CIVIL PROCEDURE.

(2) IMMEDIATELY ON THE FILING OF THE REQUEST, THE COMPLIANCE UNIT SHALL ASSIGN A COMPLIANCE OFFICER TO THE REQUEST. THE COMPLIANCE OFFICER SHALL SCHEDULE A CONFERENCE WITH THE PARENTS TO BE HELD NO LATER THAN THIRTY DAYS AFTER THE DATE THE REQUEST WAS FILED, UNLESS THE PARENT THAT FILED THE REQUEST ASKS FOR AN EXPEDITED CONFERENCE IN THE REQUEST. IF AN EXPEDITED CONFERENCE IS REQUESTED, THE COMPLIANCE OFFICER SHALL SCHEDULE A CONFERENCE WITH THE PARENTS TO BE HELD NO LATER THAN SEVEN DAYS AFTER THE REQUEST FOR COMPLIANCE IS FILED. THE COMPLIANCE OFFICER SHALL ISSUE AN ORDER TO APPEAR AT THE CONFERENCE TO BOTH PARENTS AND SHALL INCLUDE AS PART OF THE ORDER A NOTICE OF THE DATE, TIME, AND PLACE OF THE CONFERENCE. THE COURT SHALL SERVE THE ORDER ON THE PARENTS PURSUANT TO THE RULES OF CIVIL PROCEDURE. THE COURT SHALL SERVE THE ORDER ON THE PARENTS NO LATER THAN THREE DAYS PRIOR TO THE DATE OF THE CONFERENCE.

(3) PRIOR TO THE DATE OF THE CONFERENCE, THE PARENTS MAY ENTER INTO AN AGREEMENT RESOLVING THE CONFLICT THAT RESULTED IN THE FILING OF THE REQUEST FOR COMPLIANCE. THE AGREEMENT SHALL BE FILED WITH THE COURT NOT LATER THAN THE DATE OF THE SCHEDULED CONFERENCE. IF THE COURT DETERMINES THAT THE AGREEMENT IS IN THE BEST INTEREST OF THE CHILD, THE COURT SHALL MODIFY THE EXISTING PARENTING DECREE OR INTERIM PARENTING ORDER TO INCLUDE THE TERMS OF THE AGREEMENT. IF AN AGREEMENT IS REACHED BEFORE THE CONFERENCE IS HELD, THE COURT SHALL ISSUE AN ORDER CANCELING THE CONFERENCE.

(4) IF A CONFERENCE IS HELD, THE PARENTS MAY BE REPRESENTED BY COUNSEL AND MAY PRESENT EVIDENCE. IF THE PARTIES REACH AN AGREEMENT AT THE CONCLUSION OF THE CONFERENCE RESOLVING THE CONFLICT THAT RESULTED IN THE FILING OF THE REQUEST FOR COMPLIANCE, THE PARENTS SHALL SUBMIT THE AGREEMENT IN WRITING TO THE COURT FOR APPROVAL. THE AGREEMENT SHALL BE FILED NO LATER THAN THREE DAYS AFTER THE TERMINATION OF THE HEARING. IF THE COURT DETERMINES THAT THE AGREEMENT IS IN THE BEST INTEREST OF THE CHILD, THE COURT SHALL MODIFY THE EXISTING PARENTING DECREE OR ORDER TO INCLUDE THE TERMS OF THE AGREEMENT. IF THE PARTIES DO NOT REACH AN AGREEMENT AT THE CONCLUSION OF THE CONFERENCE, THE COMPLIANCE OFFICER SHALL SUBMIT A REPORT TO THE COURT THAT INCLUDES A SUMMARY OF THE REQUEST FOR COMPLIANCE AND ALL EVIDENCE PRESENTED AT THE CONFERENCE AND AN EVALUATION OF THE CONFLICT WITH RECOMMENDATIONS FOR FURTHER COURT ACTION. THE RECOMMENDATIONS MAY BE THAT ANY OF THE FOLLOWING BE DONE:

(a) THE COURT SCHEDULE A HEARING TO DETERMINE WHAT ACTION SHOULD BE TAKEN TO ENFORCE COMPLIANCE WITH THE DECREE OR ORDER;

(b) THE COURT ISSUE AN ORDER FINDING A PARENT IN CONTEMPT OF COURT FOR VIOLATION OF THE PROVISIONS OF THE DECREE OR ORDER;

(c) THE COURT ISSUE AN ORDER REQUIRING ONE OR BOTH OF THE PARENTS' TIME WITH THE CHILD TO BE SUPERVISED, REQUIRING EXCHANGE OF THE CHILD IN A NEUTRAL PLACE, OR REQUIRING COUNSELING;

(d) THE COURT ISSUE A TEMPORARY EMERGENCY ORDER TO PROTECT THE CHILD BECAUSE THE CURRENT SITUATION IS OR MAY BE HARMFUL TO THE CHILD;

(e) THE COURT ISSUE AN ORDER REQUIRING ANY OTHER ACTION TO BE TAKEN, OR ISSUE AN ORDER MODIFYING THE DECREE OR ORDER, IN ORDER TO RESOLVE THE CONFLICT THAT WAS THE BASIS FOR THE REQUEST FOR COMPLIANCE.

(C) THE COMPLIANCE OFFICER SHALL FILE THE REPORT WITH THE COURT. THE COURT SHALL SERVE COPIES OF THE REPORT ON THE PARENTS BY REGULAR MAIL. EXCEPT AS PROVIDED IN DIVISION (C)(3) OF THIS SECTION, A PARTY MAY OBJECT TO THE REPORT BY FILING WRITTEN OBJECTIONS WITH THE COURT NO LATER THAN TEN DAYS AFTER RECEIVING NOTICE FROM THE COURT. THE OBJECTING PARENT SHALL SERVE THE OBJECTIONS ON THE OTHER PARENT PURSUANT TO THE RULES OF CIVIL PROCEDURE.

(1) IF NO TIMELY OBJECTION IS MADE, THE COURT MAY ISSUE AN ORDER CONSISTENT WITH THE RECOMMENDATIONS OF THE COMPLIANCE OFFICER.

(2) IF A PARENT MAKES A TIMELY OBJECTION, THE COURT SHALL SCHEDULE A HEARING TO BE HELD NO LATER THAN SEVEN DAYS AFTER THE OBJECTION IS FILED. THE COURT SHALL SEND WRITTEN NOTICE OF THE DATE, TIME, AND PLACE OF THE HEARING TO THE PARTIES NO LATER THAN FIVE DAYS PRIOR TO THE DATE OF THE HEARING. NO LATER THAN THREE DAYS AFTER TERMINATION OF THE HEARING, THE COURT SHALL ISSUE AN ORDER BASED ON THE REPORT, OBJECTION, AND ALL EVIDENCE PRESENTED AT THE HEARING.

(3) IF THE REPORT FILED PURSUANT TO DIVISION (B) OF THIS SECTION INCLUDES THE RECOMMENDATION DESCRIBED UNDER DIVISION (B)(4)(d) OF THIS SECTION, THE COURT SHALL IMMEDIATELY ISSUE A TEMPORARY EMERGENCY ORDER CONCERNING THE CHILD ONCE THE REPORT IS FILED WITH THE COURT. NO LATER THAN TWO DAYS AFTER ISSUING THE TEMPORARY EMERGENCY ORDER, THE COURT SHALL HOLD A HEARING ON THE MATTER. THE COURT, AT THE TIME IT ISSUES THE TEMPORARY EMERGENCY ORDER, SHALL SEND A COPY OF THE ORDER TO THE PARENTS WITH NOTICE OF THE DATE, TIME, AND PLACE OF THE HEARING. THE TEMPORARY EMERGENCY ORDER SHALL EXPIRE NO LATER THAN THREE DAYS AFTER THE TERMINATION OF THE HEARING. THE COURT SHALL ISSUE AN ORDER MODIFYING THE PARENTING DECREE ALLOCATING THE PARENTING FUNCTIONS AND RESPONSIBILITIES FOR THE CARE OF THE CHILD OR THE INTERIM PARENTING ORDER ON THE TERMINATION OF THE HEARING THAT SHALL SUPERSEDE THE TEMPORARY EMERGENCY ORDER OR TAKE EFFECT ON THE TERMINATION OF THAT TEMPORARY ORDER.

(4) IF THE COURT ISSUES AN ORDER PURSUANT TO THIS DIVISION REQUIRING A PARENT'S TIME WITH THE CHILDREN SUBJECT TO THE DECREE OR ORDER TO BE SUPERVISED, IT SHALL ORDER A VOLUNTEER AGREED UPON BY BOTH PARENTS OR AN EMPLOYEE OF THE COMPLIANCE UNIT OR THE PUBLIC CHILDREN SERVICES AGENCY OF THE COUNTY IN WHICH THE CHILD RESIDES TO PROVIDE THE SUPERVISION. IF THE COURT ISSUES AN ORDER REQUIRING THE PARENTS TO EXCHANGE POSSESSION OF THE CHILDREN IN A NEUTRAL LOCATION, THE COMPLIANCE UNIT SHALL ESTABLISH THE NEUTRAL LOCATION. IF THE COURT ORDERS THE PARENTS TO PARTICIPATE IN COUNSELING, THE COMPLIANCE UNIT SHALL PROVIDE THE COUNSELING.

Sec. 3109.581. (A) EACH COURT OF COMMON PLEAS, ON A DATE THAT IS SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION, SHALL ESTABLISH A PARENTING COMPLIANCE UNIT TO ENFORCE THE PROVISIONS OF PARENTING DECREES AND INTERIM PARENTING ORDERS, OTHER THAN THE CHILD SUPPORT PROVISIONS. IN ORDER TO COMPLY WITH THE DUTY TO ENFORCE THE DECREES OR ORDERS PURSUANT TO SECTION 3109.58 OF THE REVISED CODE, THE COMPLIANCE UNIT SHALL DO THE FOLLOWING:

(1) EMPLOY COMPLIANCE OFFICERS;

(2) PROVIDE FOR OFFICE SPACE, CONFERENCE ROOMS, AND OTHER FACILITIES NECESSARY TO PERFORM THE FUNCTIONS OF THE COMPLIANCE UNIT;

(3) PROVIDE SUPERVISION OF A PARENT'S TIME WITH THE PARENT'S CHILD;

(4) PROVIDE NEUTRAL SITES FOR THE EXCHANGE OF CHILDREN BETWEEN PARENTS;

(5) PROVIDE COUNSELING TO LIMIT DISPUTES BETWEEN AND RESOLVE CONFLICTS CONCERNING THE CHILDREN.

(B) THE SUPREME COURT MAY CREATE FORMS FOR THE REQUEST FOR ENFORCEMENT, AFFIDAVIT IN SUPPORT OF THE REQUEST FOR ENFORCEMENT, AND THE ORDER TO APPEAR TO BE USED BY EACH COURT OF COMMON PLEAS IN PROCEEDINGS PURSUANT TO SECTION 3109.58 OF THE REVISED CODE.

Sec. 3109.051 3109.59. (A) If a divorce, dissolution, legal separation, or annulment proceeding involves a child and if the court has not issued a shared parenting decree, the court shall consider any mediation report filed pursuant to section 3109.052 of the Revised Code and, in accordance with division (C) of this section, shall make a just and reasonable order or decree permitting each parent who is not the residential parent to visit the child at the time and under the conditions that the court directs, unless the court determines that it would not be in the best interest of the child to permit that parent to visit the child and includes in the journal its findings of fact and conclusions of law. Whenever possible, the order or decree permitting the visitation shall ensure the opportunity for both parents to have frequent and continuing contact with the child, unless frequent and continuing contact by either parent with the child would not be in the best interest of the child. The court shall include in its final decree a specific schedule of visitation for that parent. Except as provided in division (E)(6) of section 3113.31 of the Revised Code, if the court, pursuant to this section, grants any person companionship or visitation rights with respect to any child, it shall not require the public children services agency to provide supervision of or other services related to that person's exercise of companionship or visitation rights with respect to the child. This section does not limit the power of a juvenile court pursuant to Chapter 2151. of the Revised Code to issue orders with respect to children who are alleged to be abused, neglected, or dependent children or to make dispositions of children who are adjudicated abused, neglected, or dependent children or of a common pleas court to issue orders pursuant to section 3113.31 of the Revised Code.

(B)(1) In a divorce, dissolution of marriage, legal separation, annulment, or child support proceeding that involves a child, the court may grant reasonable companionship or visitation rights to any grandparent, any person related to the child by consanguinity or affinity, or any other person other than a parent, if all of the following apply:

(a) The grandparent, relative, or other person files a motion with the court seeking companionship or visitation rights.

(b) The court determines that the grandparent, relative, or other person has an interest in the welfare of the child.

(c) The court determines that the granting of the companionship or visitation rights is in the best interest of the child.

(2) A motion may be filed under division (B)(A)(1) of this section during the pendency of the divorce, dissolution of marriage, legal separation, annulment, or child support proceeding or, if a motion was not filed at that time or was filed at that time and the circumstances in the case have changed, at any time after a decree or final order is issued in the case.

(C)(B) When determining whether to grant companionship or visitation rights to a parent, grandparent, relative OTHER THAN A PARENT, or other person WHO IS NOT A PARENT pursuant to this section or section 3109.11 3109.60 or 3109.12 3109.61 of the Revised Code, when establishing a specific visitation schedule, and when determining other visitation matters under this section or section 3109.11 3109.60 or 3109.12 3109.61 of the Revised Code, the court shall consider any mediation report that is filed pursuant to section 3109.052 of the Revised Code and shall consider all other relevant factors, including, but not limited to, all of the factors listed in division (D)(C) of this section. In considering the factors listed in division (D)(C) of this section for purposes of determining whether to grant visitation rights, establishing a specific visitation schedule, determining other visitation matters under this section or under section 3109.11 3109.60 or 3109.12 3109.61 of the Revised Code, and resolving any issues related to the making of any determination with respect to visitation rights or the establishment of any specific visitation schedule, the court, in its discretion, may interview in chambers any or all involved children regarding their wishes and concerns. If the court interviews any child concerning the child's wishes and concerns regarding those visitation matters, the interview shall be conducted in chambers, and no person other than the child, the child's attorney, the judge, any necessary court personnel, and, in the judge's discretion, the attorney of each parent shall be permitted to be present in the chambers during the interview. No person shall obtain or attempt to obtain from a child a written or recorded statement or affidavit setting forth the wishes and concerns of the child regarding those visitation matters. A court, in considering the factors listed in division (D)(C) of this section for purposes of determining whether to grant any visitation rights, establishing a visitation schedule, determining other visitation matters under this section or under section 3109.11 3109.60 or 3109.12 3109.61 of the Revised Code, or resolving any issues related to the making of any determination with respect to visitation rights or the establishment of any specific visitation schedule, shall not accept or consider a written or recorded statement or affidavit that purports to set forth the child's wishes or concerns regarding those visitation matters.

(D)(C) In determining whether to grant companionship or visitation rights to a parent, grandparent, relative OTHER THAN A PARENT, or other person NOT A PARENT pursuant to this section or section 3109.11 3109.60 or 3109.12 3109.61 of the Revised Code, in establishing a specific visitation schedule, and in determining other visitation matters under this section or section 3109.11 3109.60 or 3109.12 3109.61 of the Revised Code, the court shall consider all of the following factors:

(1) The prior interaction and interrelationships of the child with the child's parents, siblings, and other persons related by consanguinity or affinity, and with the person who requested companionship or visitation if that person is not a parent, sibling, or relative of the child;

(2) The geographical location of the residence of each parent and the distance between those residences, and if the person who requested companionship or visitation is not a parent, the geographical location of that person's residence and the distance between that person's residence and the child's residence;

(3) The child's and parents' THE PERSON'S available time, including, but not limited to, each parent's THE PERSON'S employment schedule, the child's school schedule, and the child's and the parents' PERSON'S holiday and vacation schedule;

(4) The age of the child;

(5) The child's adjustment to home, school, and community;

(6) If the court has interviewed the child in chambers, pursuant to division (C)(B) of this section, regarding the wishes and concerns of the child as to visitation by the parent who is not the residential parent or companionship or visitation by the grandparent, relative, or other person who requested the companionship or visitation, as to a specific visitation schedule, or as to other visitation matters, the wishes and concerns of the child, as expressed to the court;

(7) The health and safety of the child;

(8) The amount of time that will be available for the child to spend with siblings;

(9) The mental and physical health of all parties;

(10) Each parent's willingness to reschedule missed visitation and to facilitate the other parent's visitation rights, and if the person who requested companionship or visitation is not a parent, the willingness of that person to reschedule missed visitation;

(11) In relation to visitation by a parent, whether either parent previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or a neglected child; whether either parent, in a case in which a child has been adjudicated an abused child or a neglected child, previously has been determined to be the perpetrator of the abusive or neglectful act that is the basis of the adjudication; and whether there is reason to believe that either parent has acted in a manner resulting in a child being an abused child or a neglected child;

(12)(10) In relation to requested companionship or visitation by a GRANDPARENT, RELATIVE OTHER THAN A PARENT, OR OTHER person other than NOT a parent, whether the person previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or a neglected child; whether the person, in a case in which a child has been adjudicated an abused child or a neglected child, previously has been determined to be the perpetrator of the abusive or neglectful act that is the basis of the adjudication; whether either parent previously has been convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the current proceeding; whether either parent previously has been convicted of an offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the current proceeding and caused physical harm to the victim in the commission of the offense; and whether there is reason to believe that the person has acted in a manner resulting in a child being an abused child or a neglected child;

(13) Whether the residential parent or one of the parents subject to a shared parenting decree has continuously and willfully denied the other parent his or her right to visitation in accordance with an order of the court;

(14) Whether either parent has established a residence or is planning to establish a residence outside this state;

(15)(11) Any other factor in the best interest of the child.

(E)(D) The remarriage of a residential parent of a child does not affect the authority of a court under this section to grant visitation rights with respect to the child to the parent who is not the residential parent or to grant reasonable companionship or visitation rights with respect to the child to any grandparent, any person related by consanguinity or affinity OTHER THAN A PARENT, or any other person NOT A PARENT.

(F)(1)(E) If the court, pursuant to division (A) of this section, denies visitation to a parent who is not the residential parent or denies a motion for reasonable companionship or visitation rights filed under division (B) of this section and the parent or movant files a written request for findings of fact and conclusions of law, the court shall state in writing its findings of fact and conclusions of law in accordance with Civil Rule 52.

(2) On or before July 1, 1991, each court of common pleas, by rule, shall adopt standard visitation guidelines. A court shall have discretion to deviate from its standard visitation guidelines based upon factors set forth in division (D) of this section.

(G)(1) If the residential parent intends to move to a residence other than the residence specified in the visitation order or decree of the court, the parent shall file a notice of intent to relocate with the court that issued the order or decree. Except as provided in divisions (G)(2), (3), and (4) of this section, the court shall send a copy of the notice to the parent who is not the residential parent. Upon receipt of the notice, the court, on its own motion or the motion of the parent who is not the residential parent, may schedule a hearing with notice to both parents to determine whether it is in the best interest of the child to revise the visitation schedule for the child.

(2) When a court grants visitation or companionship rights to a parent who is not the residential parent, the court shall determine whether that parent has been convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding, has been convicted of or pleaded guilty to any other offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding and caused physical harm to the victim in the commission of the offense, or has been determined to be the perpetrator of the abusive act that is the basis of an adjudication that a child is an abused child. If the court determines that that parent has not been so convicted and has not been determined to be the perpetrator of an abusive act that is the basis of a child abuse adjudication, the court shall issue an order stating that a copy of any notice of relocation that is filed with the court pursuant to division (G)(1) of this section will be sent to the parent who is given the visitation or companionship rights in accordance with division (G)(1) of this section.

If the court determines that the parent who is granted the visitation or companionship rights has been convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding, has been convicted of or pleaded guilty to any other offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding and caused physical harm to the victim in the commission of the offense, or has been determined to be the perpetrator of the abusive act that is the basis of an adjudication that a child is an abused child, it shall issue an order stating that that parent will not be given a copy of any notice of relocation that is filed with the court pursuant to division (G)(1) of this section unless the court determines that it is in the best interest of the children to give that parent a copy of the notice of relocation, issues an order stating that that parent will be given a copy of any notice of relocation filed pursuant to division (G)(1) of this section, and issues specific written findings of fact in support of its determination.

(3) If a court, prior to April 11, 1991, issued an order granting visitation or companionship rights to a parent who is not the residential parent and did not require the residential parent in that order to give the parent who is granted the visitation or companionship rights notice of any change of address and if the residential parent files a notice of relocation pursuant to division (G)(1) of this section, the court shall determine if the parent who is granted the visitation or companionship rights has been convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding, has been convicted of or pleaded guilty to any other offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding and caused physical harm to the victim in the commission of the offense, or has been determined to be the perpetrator of the abusive act that is the basis of an adjudication that a child is an abused child. If the court determines that the parent who is granted the visitation or companionship rights has not been so convicted and has not been determined to be the perpetrator of an abusive act that is the basis of a child abuse adjudication, the court shall issue an order stating that a copy of any notice of relocation that is filed with the court pursuant to division (G)(1) of this section will be sent to the parent who is granted visitation or companionship rights in accordance with division (G)(1) of this section.

If the court determines that the parent who is granted the visitation or companionship rights has been convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding, has been convicted of or pleaded guilty to any other offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding and caused physical harm to the victim in the commission of the offense, or has been determined to be the perpetrator of the abusive act that is the basis of an adjudication that a child is an abused child, it shall issue an order stating that that parent will not be given a copy of any notice of relocation that is filed with the court pursuant to division (G)(1) of this section unless the court determines that it is in the best interest of the children to give that parent a copy of the notice of relocation, issues an order stating that that parent will be given a copy of any notice of relocation filed pursuant to division (G)(1) of this section, and issues specific written findings of fact in support of its determination.

(4) If a parent who is granted visitation or companionship rights pursuant to this section or any other section of the Revised Code is authorized by an order issued pursuant to this section or any other court order to receive a copy of any notice of relocation that is filed pursuant to division (G)(1) of this section or pursuant to court order, if the residential parent intends to move to a residence other than the residence address specified in the visitation or companionship order, and if the residential parent does not want the parent who is granted the visitation or companionship rights to receive a copy of the relocation notice because he has been convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding, has been convicted of or pleaded guilty to any other offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding and caused physical harm to the victim in the commission of the offense, or has been determined to be the perpetrator of the abusive act that is the basis of an adjudication that a child is an abused child, the residential parent may file a motion with the court requesting that the parent who is granted the visitation or companionship rights not receive a copy of any notice of relocation. Upon the filing of the motion, the court shall schedule a hearing on the motion and give both parents notice of the date, time, and location of the hearing. If the court determines that the parent who is granted the visitation or companionship rights has been so convicted or has been determined to be the perpetrator of an abusive act that is the basis of a child abuse adjudication, the court shall issue an order stating that the parent who is granted the visitation or companionship rights will not be given a copy of any notice of relocation that is filed with the court pursuant to division (G)(1) of this section or that the residential parent is no longer required to give that parent a copy of any notice of relocation unless the court determines that it is in the best interest of the children to give that parent a copy of the notice of relocation, issues an order stating that that parent will be given a copy of any notice of relocation filed pursuant to division (G)(1) of this section, and issues specific written findings of fact in support of its determination. If it does not so find, it shall dismiss the motion.

(H)(1) Subject to division (G)(2) of section 2301.35 and division (F) of section 3319.321 of the Revised Code, a parent of a child who is not the residential parent of the child is entitled to access, under the same terms and conditions under which access is provided to the residential parent, to any record that is related to the child and to which the residential parent of the child legally is provided access, unless the court determines that it would not be in the best interest of the child for the parent who is not the residential parent to have access to the records under those same terms and conditions. If the court determines that the parent of a child who is not the residential parent should not have access to records related to the child under the same terms and conditions as provided for the residential parent, the court shall specify the terms and conditions under which the parent who is not the residential parent is to have access to those records, shall enter its written findings of facts and opinion in the journal, and shall issue an order containing the terms and conditions to both the residential parent and the parent of the child who is not the residential parent. The court shall include in every order issued pursuant to this division notice that any keeper of a record who knowingly fails to comply with the order or division (H) of this section is in contempt of court.

(2) Subject to division (G)(2) of section 2301.35 and division (F) of section 3319.321 of the Revised Code, subsequent to the issuance of an order under division (H)(1) of this section, the keeper of any record that is related to a particular child and to which the residential parent legally is provided access shall permit the parent of the child who is not the residential parent to have access to the record under the same terms and conditions under which access is provided to the residential parent, unless the residential parent has presented the keeper of the record with a copy of an order issued under division (H)(1) of this section that limits the terms and conditions under which the parent who is not the residential parent is to have access to records pertaining to the child and the order pertains to the record in question. If the residential parent presents the keeper of the record with a copy of that type of order, the keeper of the record shall permit the parent who is not the residential parent to have access to the record only in accordance with the most recent order that has been issued pursuant to division (H)(1) of this section and presented to the keeper by the residential parent or the parent who is not the residential parent. Any keeper of any record who knowingly fails to comply with division (H) of this section or with any order issued pursuant to division (H)(1) of this section is in contempt of court.

(3) The prosecuting attorney of any county may file a complaint with the court of common pleas of that county requesting the court to issue a protective order preventing the disclosure pursuant to division (H)(1) or (2) of this section of any confidential law enforcement investigatory record. The court shall schedule a hearing on the motion and give notice of the date, time, and location of the hearing to all parties.

(I) A court that issues a visitation order or decree pursuant to this section, section 3109.11 or 3109.12 of the Revised Code, or any other provision of the Revised Code shall determine whether the parent granted the right of visitation is to be permitted access, in accordance with section 5104.011 of the Revised Code, to any child day-care center that is, or that in the future may be, attended by the children with whom the right of visitation is granted. Unless the court determines that the parent who is not the residential parent should not have access to the center to the same extent that the residential parent is granted access to the center, the parent who is not the residential parent and who is granted visitation or companionship rights is entitled to access to the center to the same extent that the residential parent is granted access to the center. If the court determines that the parent who is not the residential parent should not have access to the center to the same extent that the residential parent is granted such access under division (C) of section 5104.011 of the Revised Code, the court shall specify the terms and conditions under which the parent who is not the residential parent is to have access to the center, provided that the access shall not be greater than the access that is provided to the residential parent under division (C) of section 5104.011 of the Revised Code, the court shall enter its written findings of fact and opinions in the journal, and the court shall include the terms and conditions of access in the visitation order or decree.

(J)(1) Subject to division (F) of section 3319.321 of the Revised Code, when a court issues an order or decree allocating parental rights and responsibilities for the care of a child, the parent of the child who is not the residential parent of the child is entitled to access, under the same terms and conditions under which access is provided to the residential parent, to any student activity that is related to the child and to which the residential parent of the child legally is provided access, unless the court determines that it would not be in the best interest of the child to grant the parent who is not the residential parent access to the student activities under those same terms and conditions. If the court determines that the parent of the child who is not the residential parent should not have access to any student activity that is related to the child under the same terms and conditions as provided for the residential parent, the court shall specify the terms and conditions under which the parent who is not the residential parent is to have access to those student activities, shall enter its written findings of facts and opinion in the journal, and shall issue an order containing the terms and conditions to both the residential parent and the parent of the child who is not the residential parent. The court shall include in every order issued pursuant to this division notice that any school official or employee who knowingly fails to comply with the order or division (J) of this section is in contempt of court.

(2) Subject to division (F) of section 3319.321 of the Revised Code, subsequent to the issuance of an order under division (J)(1) of this section, all school officials and employees shall permit the parent of the child who is not the residential parent to have access to any student activity under the same terms and conditions under which access is provided to the residential parent of the child, unless the residential parent has presented the school official or employee, the board of education of the school, or the governing body of the chartered nonpublic school with a copy of an order issued under division (J)(1) of this section that limits the terms and conditions under which the parent who is not the residential parent is to have access to student activities related to the child and the order pertains to the student activity in question. If the residential parent presents the school official or employee, the board of education of the school, or the governing body of the chartered nonpublic school with a copy of that type of order, the school official or employee shall permit the parent who is not the residential parent to have access to the student activity only in accordance with the most recent order that has been issued pursuant to division (J)(1) of this section and presented to the school official or employee, the board of education of the school, or the governing body of the chartered nonpublic school by the residential parent or the parent who is not the residential parent. Any school official or employee who knowingly fails to comply with division (J) of this section or with any order issued pursuant to division (J)(1) of this section is in contempt of court.

(K)(F) If any person is found in contempt of court for failing to comply with or interfering with any order or decree granting companionship or visitation rights that is issued pursuant to this section, section 3109.11 3109.60 or 3109.12 3109.61 of the Revised Code, or any other provision of the Revised Code, the court that makes the finding, in addition to any other penalty or remedy imposed, shall assess all court costs arising out of the contempt proceeding against the person and require the person to pay any reasonable attorney's fees of any adverse party, as determined by the court, that arose in relation to the act of contempt, and may award reasonable compensatory visitation to the person whose right of visitation was affected by the failure or interference if such compensatory visitation is in the best interest of the child. Any compensatory visitation awarded under this division shall be included in an order issued by the court and, to the extent possible, shall be governed by the same terms and conditions as was the visitation that was affected by the failure or interference.

(L)(G) Any person who requests reasonable companionship or visitation rights with respect to a child under this section, section 3109.11 3109.60 or 3109.12 3109.61 of the Revised Code, or any other provision of the Revised Code may file a motion with the court requesting that it waive all or any part of the costs that may accrue in the proceedings under this section, section 3109.11 3109.60, or section 3109.12 3109.61 of the Revised Code. If the court determines that the movant is indigent and that the waiver is in the best interest of the child, the court, in its discretion, may waive payment of all or any part of the costs of those proceedings.

(M)(H) The juvenile court has exclusive jurisdiction to enter the orders in any case certified to it from another court.

(I) EXCEPT AS PROVIDED IN DIVISION (E)(6) OF SECTION 3113.31 of the Revised Code, IF THE COURT, PURSUANT TO THIS SECTION, GRANTS ANY PERSON COMPANIONSHIP OR VISITATION RIGHTS WITH RESPECT TO ANY CHILD, IT SHALL NOT REQUIRE THE PUBLIC CHILDREN SERVICES AGENCY TO PROVIDE SUPERVISION OF OR OTHER SERVICES RELATED TO THAT PERSON'S EXERCISE OF COMPANIONSHIP OR VISITATION RIGHTS WITH RESPECT TO THE CHILD. THIS SECTION DOES NOT LIMIT THE POWER OF A JUVENILE COURT PURSUANT TO CHAPTER 2151. of the Revised Code TO ISSUE ORDERS WITH RESPECT TO CHILDREN WHO ARE ALLEGED TO BE ABUSED, NEGLECTED, OR DEPENDENT CHILDREN OR TO MAKE DISPOSITIONS OF CHILDREN WHO ARE ADJUDICATED ABUSED, NEGLECTED, OR DEPENDENT CHILDREN OR OF A COMMON PLEAS COURT TO ISSUE ORDERS PURSUANT TO SECTION 3113.31 of the Revised Code.

(N) As used in this section:

(1) "Abused child" has the same meaning as in section 2151.031 of the Revised Code, and "neglected child" has the same meaning as in section 2151.03 of the Revised Code.

(2) "Record" means any record, document, file, or other material that contains information directly related to a child, including, but not limited to, any of the following:

(a) Records maintained by public and nonpublic schools;

(b) Records maintained by facilities that provide child day-care, as defined in section 5104.01 of the Revised Code, publicly funded child day-care, as defined in section 5104.01 of the Revised Code, or pre-school services operated by or under the supervision of a school district board of education or a nonpublic school;

(c) Records maintained by hospitals, other facilities, or persons providing medical or surgical care or treatment for the child;

(d) Records maintained by agencies, departments, instrumentalities, or other entities of the state or any political subdivision of the state, other than a child support enforcement agency. Access to records maintained by a child support enforcement agency is governed by division (G)(2) of section 2301.35 of the Revised Code.

(3) "Confidential law enforcement investigatory record" has the same meaning as in section 149.43 of the Revised Code.

Sec. 3109.11 3109.60. If either the father or mother of an unmarried minor child is deceased, the court of common pleas of the county in which the minor child resides may grant the parents and other relatives of the deceased father or mother reasonable companionship or visitation rights with respect to the minor child during the child's minority if the parent or other relative files a complaint requesting reasonable companionship or visitation rights and if the court determines that the granting of the companionship or visitation rights is in the best interest of the minor child. In determining whether to grant any person reasonable companionship or visitation rights with respect to any child, the court shall consider all relevant factors, including, but not limited to, the factors set forth in division (D) of section 3109.051 3109.59 of the Revised Code. Divisions (C)(B), (K)(F), and (L)(G) of section 3109.051 3109.59 of the Revised Code apply to the determination of reasonable companionship or visitation rights under this section and to any order granting any such rights that is issued under this section.

The remarriage of the surviving parent of the child does not affect the authority of the court under this section to grant reasonable companionship or visitation rights with respect to the child to a parent or other relative of the child's deceased father or mother.

If the court denies a request for reasonable companionship or visitation rights made pursuant to this section and the complainant files a written request for findings of fact and conclusions of law, the court shall state in writing its findings of fact and conclusions of law in accordance with Civil Rule 52.

Except as provided in division (E)(6) of section 3113.31 of the Revised Code, if the court, pursuant to this section, grants any person companionship or visitation rights with respect to any child, it shall not require the public children services agency to provide supervision of or other services related to that person's exercise of companionship or visitation rights with respect to the child. This section does not limit the power of a juvenile court pursuant to Chapter 2151. of the Revised Code to issue orders with respect to children who are alleged to be abused, neglected, or dependent children or to make dispositions of children who are adjudicated abused, neglected, or dependent children or of a common pleas court to issue orders pursuant to section 3113.31 of the Revised Code.

Sec. 3109.12 3109.61. (A) If a child is born to an unmarried woman, the parents of the woman and any relative of the woman may file a complaint requesting the court of common pleas of the county in which the child resides to grant them reasonable companionship or visitation rights with the child. If a child is born to an unmarried woman and if the father of the child has acknowledged the child pursuant to section 2105.18 of the Revised Code or has been determined in an action under Chapter 3111. of the Revised Code to be the father of the child, the father, the parents of the father, and any relative of the father may file a complaint requesting the court of common pleas of the county in which the child resides to grant them reasonable companionship or visitation rights with respect to the child.

(B) The court may grant the companionship or visitation rights requested under division (A) of this section, if it determines that the granting of the companionship or visitation rights is in the best interest of the child. In determining whether to grant any person reasonable companionship or visitation rights with respect to any child, the court shall consider all relevant factors, including, but not limited to, the factors set forth in division (D)(C) of section 3109.051 3109.59 of the Revised Code. Divisions (C)(B), (K)(F), and (L)(G) of section 3109.051 3109.59 of the Revised Code apply to the determination of reasonable companionship or visitation rights under this section and to any order granting any such rights that is issued under this section.

The marriage or remarriage of the mother or father of a child does not affect the authority of the court under this section to grant the natural father, the parents or relatives of the natural father, or the parents or relatives of the mother of the child reasonable companionship or visitation rights with respect to the child.

If the court denies a request for reasonable companionship or visitation rights made pursuant to division (A) of this section and the complainant files a written request for findings of fact and conclusions of law, the court shall state in writing its findings of fact and conclusions of law in accordance with Civil Rule 52.

Except as provided in division (E)(6) of section 3113.31 of the Revised Code, if the court, pursuant to this section, grants any person companionship or visitation rights with respect to any child, it shall not require the public children services agency to provide supervision of or other services related to that person's exercise of companionship or visitation rights with respect to the child. This section does not limit the power of a juvenile court pursuant to Chapter 2151. of the Revised Code to issue orders with respect to children who are alleged to be abused, neglected, or dependent children or to make dispositions of children who are adjudicated abused, neglected, or dependent children or of a common pleas court to issue orders pursuant to section 3113.31 of the Revised Code.

Sec. 3109.62. (A) IF A MAN IS PRESUMED TO BE THE FATHER OF A CHILD PURSUANT TO DIVISION (A)(3), (4), OR (5) OF SECTION 3111.03 OF THE REVISED CODE OR IS DETERMINED TO BE THE FATHER OF A CHILD PURSUANT TO SECTION 3111.13, 3111.21, OR 3111.22 OF THE REVISED CODE, THE MOTHER OR FATHER MAY BRING AN ACTION TO ALLOCATE THE PARENTING FUNCTIONS AND RESPONSIBILITIES FOR THE CARE OF THE CHILD BETWEEN THE MOTHER AND FATHER. THE ALLOCATION SHALL BE MADE PURSUANT TO SECTIONS 3109.40 TO 3109.62 OF THE REVISED CODE. UNTIL A PARENTING DECREE IS ISSUED PURSUANT TO SECTION 3109.49 OF THE REVISED CODE GIVING SUCH RIGHTS TO THE FATHER, THE MOTHER SHALL BE THE ONLY PARENT WITH THE LEGAL RIGHT TO EXERCISE PARENTING FUNCTIONS AND RESPONSIBILITIES WITH RESPECT TO THE CHILD AND TO HAVE THE LEGAL RIGHT TO HAVE CONTACT WITH THE CHILD.

(B) THE JUVENILE COURT HAS ORIGINAL JURISDICTION OF THE ACTION AUTHORIZED BY THIS SECTION. AN ACTION PURSUANT TO THIS SECTION MAY BE BROUGHT IN THE JUVENILE COURT OF THE COUNTY IN WHICH THE CHILD, THE CHILD'S MOTHER, OR THE CHILD'S FATHER RESIDES OR IS FOUND.

Sec. 3111.13. (A) The judgment or order of the court determining the existence or nonexistence of the parent and child relationship is determinative for all purposes.

(B) If the judgment or order of the court is at variance with the child's birth record, the court may order that a new birth record be issued under section 3111.18 of the Revised Code.

(C) The judgment or order may contain any other provision directed against the appropriate party to the proceeding, concerning the duty of support, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child. The judgment or order shall direct the father to pay all or any part of the reasonable expenses of the mother's pregnancy and confinement. THE JUDGMENT OR ORDER SHALL STATE THAT THE MOTHER SHALL BE THE ONLY PARENT THAT MAY EXERCISE THE PARENTING FUNCTIONS AND RESPONSIBILITIES FOR THE CARE OF THE CHILD AND HAVE THE LEGAL RIGHT TO HAVE CONTACT WITH THE CHILD, AND SHALL BE THE ONLY RESIDENTIAL PARENT AND LEGAL CUSTODIAN OF THE CHILD, UNTIL A PARENTING DECREE IS ISSUED PURSUANT TO SECTION 3109.49 of the Revised Code GIVING SUCH RIGHTS TO THE FATHER. After entry of the judgment or order, the father OR MOTHER may petition that he be designated the residential parent and legal custodian of the child or for visitation rights in a proceeding separate from any action to establish paternity BRING AN ACTION PURSUANT TO SECTION 3109.62 of the Revised Code TO ALLOCATE THE PARENTING FUNCTIONS AND RESPONSIBILITIES FOR THE CARE OF THE CHILD BETWEEN THE MOTHER AND FATHER. Additionally, if the mother is unmarried, the father, the parents of the father, any relative of the father, the parents of the mother, and any relative of the mother may file a complaint pursuant to section 3109.12 3109.61 of the Revised Code requesting the granting under that section of reasonable companionship or visitation rights with respect to the child.

The judgment or order shall contain any provision required by division (B) of section 3111.14 of the Revised Code.

(D) Support judgments or orders ordinarily shall be for periodic payments that may vary in amount. In the best interest of the child, a lump-sum payment or the purchase of an annuity may be ordered in lieu of periodic payments of support.

(E) In determining the amount to be paid by a parent for support of the child and the period during which the duty of support is owed, a court enforcing the obligation of support shall comply with sections 3113.21 to 3113.219 of the Revised Code.

(F)(1) Each order for child support made or modified under this section on or after December 31, 1993, shall include as part of the order a general provision, as described in division (A)(1) of section 3113.21 of the Revised Code, requiring the withholding or deduction of wages or assets of the obligor under the order as described in division (D) or (H) of section 3113.21 of the Revised Code, or another type of appropriate requirement as described in division (D)(6), (D)(7), or (H) of that section, to ensure that withholding or deduction from the wages or assets of the obligor is available from the commencement of the support order for collection of the support and of any arrearages that occur; a statement requiring all parties to the order to notify the child support enforcement agency in writing of their current mailing address, their current residence address, and any changes in either address; and a notice that the requirement to notify the agency of all changes in either address continues until further notice from the court. Any court that makes or modifies an order for child support under this section on or after April 12, 1990, shall comply with sections 3113.21 to 3113.219 of the Revised Code. If any person required to pay child support under an order made under this section on or after April 15, 1985, or modified on or after December 1, 1986, is found in contempt of court for failure to make support payments under the order, the court that makes the finding, in addition to any other penalty or remedy imposed, shall assess all court costs arising out of the contempt proceeding against the person and require the person to pay any reasonable attorney's fees of any adverse party, as determined by the court, that arose in relation to the act of contempt.

(2) Notwithstanding section 3109.01 of the Revised Code, if a court issues a child support order under this section, the order shall remain in effect beyond the child's eighteenth birthday as long as the child continuously attends on a full-time basis any recognized and accredited high school. Any parent ordered to pay support under a child support order issued under this section shall continue to pay support under the order, including during seasonal vacation periods, until the order terminates.

(3) When a court determines whether to require a parent to pay an amount for that parent's failure to support a child prior to the date the court issues an order requiring that parent to pay an amount for the current support of that child, it shall consider all relevant factors, including, but not limited to, any monetary contribution either parent of the child made to the support of the child prior to the court issuing the order requiring the parent to pay an amount for the current support of the child.

(G) As used in this section, "birth record" has the same meaning as in section 3705.01 of the Revised Code.

Sec. 3111.23. (A)(1) If an administrative officer of a child support enforcement agency issues an administrative support order under section 3111.20, 3111.21, or 3111.22 of the Revised Code, the agency shall require the withholding or deduction of an amount of the wages or assets of the obligor in accordance with division (B) of this section to ensure that withholding or deduction from the wages or assets of the obligor is available from the commencement of the administrative support order for the collection of the support and any arrearages that occur. The agency shall determine the specific withholding or deduction requirements applicable to the obligor under the administrative support order in accordance with division (B) of this section and shall include the specific requirements in the notices described in divisions (A)(2) and (B) of this section. Any person required to comply with the withholding or deduction requirements shall determine the manner of withholding or deducting an amount of the wages or assets of the obligor in accordance with the specific requirements included in the notices described in those divisions without the need for any amendment to the administrative support order. The agency shall include in an administrative support order under section 3111.20, 3111.21, or 3111.22 of the Revised Code a general provision that states the following:

"All child support ordered by this administrative support order shall be withheld or deducted from the wages or assets of the obligor pursuant to a withholding or deduction notice issued in accordance with section 3111.23 of the Revised Code and shall be forwarded to the obligee in accordance with sections 3111.23 to 3111.28 of the Revised Code."

(2) In any action in which support is ordered or modified under an administrative support order as described in division (A)(1) of this section, the child support enforcement agency shall determine in accordance with division (B) of this section the types of withholding or deduction requirements that should be imposed relative to the obligor under the administrative support order to collect the support due under the order. Within fifteen days after the obligor under the administrative support order is located subsequent to the issuance of the administrative support order or within fifteen days after the default under the administrative support order, whichever is applicable, the agency shall send a notice by regular mail to each person required to comply with a withholding or deduction requirement. The notice shall specify the withholding or deduction requirement and shall contain all of the information set forth in division (B)(1)(b), (2)(b), (3)(b), (4)(b), or (5)(b) of this section that is applicable to the requirement. The notices, plus the notices provided by the child support enforcement agency that require the obligor to notify the agency of any change in the obligor's employment status or of any other change in the status of the obligor's assets, are final and are enforceable by the court. The agency shall provide the notice to the obligor in accordance with division (B)(1)(c), (2)(c), (3)(c), (4)(c), or (5)(c) of this section, whichever is applicable, and shall include with that notice the additional notices described in the particular division that is applicable.

(3)(a) If support is ordered or modified on or after December 31, 1993, under an administrative support order issued under section 3111.20, 3111.21, or 3111.22 of the Revised Code, if the child support enforcement agency has determined in accordance with division (A)(2) of this section the types of withholding or deduction requirements that should be imposed relative to the obligor under the support order to collect the support due under the order, if the agency has sent the appropriate notices to the persons required to comply with the withholding or deduction requirements that the agency determined should be imposed, and if the agency is notified or otherwise determines that the employment status or other circumstances of the obligor have changed, the agency shall conduct an investigation to determine whether it is more appropriate to impose another type of or an additional withholding or deduction requirement regarding the administrative support order and shall issue and send by regular mail one or more notices described in division (B) of this section that it determines are appropriate. The notices shall be sent within fifteen days after the obligor under the administrative support order is located or within fifteen days after the default under the administrative support order, whichever is applicable. The notices shall specify the withholding or deduction requirement and shall contain all of the information set forth in division (B)(1)(b), (2)(b), (3)(b), (4)(b), or (5)(b) of this section that is applicable. The agency shall provide the notices to the obligor in accordance with division (B)(1)(c), (2)(c), (3)(c), (4)(c), or (5)(c) of this section, whichever is applicable, and shall include with that notice the additional notices described in the particular division that is applicable. The notices are final and are enforceable by the court.

If the child support enforcement agency previously has issued one or more notices containing one or more of the requirements described in division (B) of this section and the agency determines that any of the requirements no longer are appropriate due to the change in the employment status or other circumstances of the obligor, the agency immediately shall cancel any previously issued notice that no longer is appropriate, shall send written notice of the cancellation by regular mail to the person who was required to comply with the withholding or deduction requirement contained in the canceled notice, and shall issue one or more new notices containing one or more requirements described in division (B) of this section that it determines are appropriate. The notices shall be sent within fifteen days after the obligor under the administrative support order is located or within fifteen days after the default under the administrative support order, whichever is applicable.

(b) If support has been ordered prior to December 31, 1993, under an administrative support order issued under section 3111.20, 3111.21, or 3111.22 of the Revised Code, if the administrative support order has not been modified on or after December 31, 1993, if the administrative support order includes a provision that is substantively comparable to the general provision described in division (A)(1) of this section that must be included in all administrative support orders issued or modified on or after December 31, 1993, and if the child support enforcement agency is notified or otherwise determines that the employment status or other circumstances of the obligor under the support order have changed so that it is appropriate to impose a withholding or deduction requirement as described in division (B) of this section to collect the support due under the order, the agency shall comply with division (A)(3)(a) of this section as if the administrative support order had been issued or modified on or after December 31, 1993, and as if it included the general provision described in division (A)(1) of that section that must be included in all administrative support orders issued or modified on or after that date. The notices issued under this division are final and are enforceable by the court.

(c) If support has been ordered prior to December 31, 1993, under an administrative support order issued under section 3111.20, 3111.21, or 3111.22 of the Revised Code, if the administrative support order has not been modified on or after December 31, 1993, if the administrative support order does not include a provision that is substantively comparable to the general provision described in division (A)(1) of this section that must be included in all administrative support orders issued or modified on or after December 31, 1993, and if the child support enforcement agency is notified or otherwise determines that the employment status or other circumstances of the obligor under the support order have changed so that it is appropriate to impose a withholding or deduction requirement as described in division (B) of this section to collect the support due under the order, the agency may reissue the administrative support order in question to be identical to the administrative support order except for a general provision, as described in division (A)(1) of this section, requiring the withholding or deduction of wages or assets of the obligor in accordance with division (B) of this section to ensure that withholding or deduction from the wages or assets is available for the collection of current support and any arrearages that occur. Except for the inclusion of the general provision, the provisions of a reissued administrative support order under this division shall be identical to those of the administrative support order in question, and the child support enforcement agency shall issue one or more notices requiring withholding or deduction of wages or assets of the obligor in accordance with divisions (A)(2) and (B) of this section. Thereafter, division (A)(3)(a) of this section applies to the issuance of notices under those divisions with respect to that administrative support order. The notices issued under this division are final and are enforceable by the court. The general provision for the withholding or deduction of wages or assets to be included in the reissued administrative support order specifically shall include the statement set forth in division (A)(1) of this section.

(4) If, pursuant to division (A)(2) or (A)(3)(a), (b), or (c) of this section, a person is sent a notice described in division (B) of this section requiring a withholding or deduction requirement and the person fails to comply with the notice, the child support enforcement agency, in accordance with section 3111.28 of the Revised Code, shall request the court to find the person in contempt pursuant to section 2705.02 of the Revised Code.

(5) The department of human services shall adopt standard forms for the support withholding and deduction notices prescribed by divisions (A)(1) to (3) and (B) of this section. All child support enforcement agencies shall use the forms in complying with this section.

(B) If a child support enforcement agency is required by division (A) of this section to issue one or more withholding or deduction notices described in this division, the agency shall issue one or more of the following types of notices to pay the support required under the administrative support order in question and to pay any arrearages:

(1)(a) If the child support enforcement agency determines that the obligor is employed, the agency shall require the obligor's employer to withhold from the obligor's personal earnings a specified amount for support in satisfaction of the administrative support order, to begin the withholding no later than the first pay period that occurs after fourteen working days following the date the notice was mailed to the employer under divisions (A)(2) or (3) and (B)(1)(b) of this section, to send the amount withheld to the child support enforcement agency designated for that county pursuant to section 2301.35 of the Revised Code, to send that amount to the agency immediately but not later than ten days after the date the obligor is paid, and to continue the withholding at intervals specified in the notice until further notice from the agency. To the extent possible, the amount specified in the notice to be withheld shall satisfy the amount ordered for support in the administrative support order plus any arrearages that may be owed by the obligor under any prior court or administrative support order that pertained to the same child or spouse, notwithstanding the limitations of sections 2329.66, 2329.70, 2716.02, and 2716.05 of the Revised Code. However, in no case shall the sum of the amount specified in the notice to be withheld and any fee withheld by the employer as a charge for its services exceed the maximum amount permitted under section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b).

(b) If the agency imposes a withholding requirement under division (B)(1)(a) of this section, the agency, within the applicable period of time specified in division (A) of this section, shall send to the obligor's employer by regular mail a notice that contains all of the information set forth in divisions (B)(1)(b)(i) to (xi) of this section. The notice is final and is enforceable by the court. The notice shall contain all of the following:

(i) The amount to be withheld from the obligor's wages and a statement that the amount actually withheld for support and other purposes, including the fee described in division (B)(1)(b)(xi) of this section, shall not be in excess of the maximum amounts permitted under section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b);

(ii) A statement that the employer is required to send the amount withheld to the child support enforcement agency immediately, but not later than ten working days, after the obligor is paid by the employer and is required to report to the agency the date on which the amount was withheld from the obligor's wages;

(iii) A statement that the withholding is binding upon the employer until further notice from the agency;

(iv) A statement that the employer is subject to a fine to be determined under the law of this state for discharging the obligor from employment, refusing to employ the obligor, or taking any disciplinary action against the obligor because of the withholding requirement;

(v) A statement that, if the employer fails to withhold wages in accordance with the provisions of the notice, the employer is liable for the accumulated amount the employer should have withheld from the obligor's wages;

(vi) A statement that the withholding in accordance with the notice and under the provisions of this section has priority over any other legal process under the law of this state against the same wages;

(vii) The date on which the notice was mailed and a statement that the employer is required to implement the withholding no later than the first pay period that occurs after fourteen working days following the date the notice was mailed and is required to continue the withholding at the intervals specified in the notice;

(viii) A requirement that the employer promptly notify the child support enforcement agency, in writing, within ten working days after the date of any termination of the obligor's employment, any layoff of the obligor, any leave of absence of the obligor without pay, or any other situation in which the employer ceases to pay personal earnings in an amount sufficient to comply with the administrative order to the obligor and provide the agency with the obligor's last known address;

(ix) A requirement that the employer identify in the notification given under division (B)(1)(b)(viii) of this section any types of benefits other than personal earnings that the obligor is receiving or is eligible to receive as a benefit of employment or as a result of the obligor's termination of employment, including, but not limited to, unemployment compensation, workers' compensation benefits, severance pay, sick leave, lump sum payments of retirement benefits or contributions, and bonuses or profit-sharing payments or distributions, and the amount of such benefits, and include in the notification the obligor's last known address and telephone number, date of birth, social security number, and case number and, if known, the name and business address of any new employer of the obligor;

(x) A requirement that, no later than the earlier of forty-five days before the lump-sum payment is to be made or, if the obligor's right to the lump-sum payment is determined less than forty-five days before it is to be made, the date on which that determination is made, the employer notify the child support enforcement agency of any lump-sum payments of any kind of five hundred dollars or more that are to be paid to the obligor, hold the lump-sum payments of five hundred dollars or more for thirty days after the date on which the lump-sum payments otherwise would have been paid to the obligor, if the lump-sum payments are workers' compensation benefits, severance pay, sick leave, lump-sum payments of retirement benefits or contributions, annual bonuses, or profit-sharing payments or distributions, and, upon order of the agency, pay any specified amount of the lump-sum payment to the child support enforcement agency.

(xi) A statement that, in addition to the amount withheld for support, the employer may withhold a fee from the obligor's earnings as a charge for its services in complying with the notice a specification of the amount that may be withheld.

(c) The agency shall send the notice described in division (B)(1)(b) of this section to the obligor, and shall attach to the notice an additional notice requiring the obligor immediately to notify the child support enforcement agency, in writing, of any change in employment, including self-employment, and of the availability of any other sources of income that can be the subject of any withholding or deduction requirement described in division (B) of this section. The agency shall serve the notices upon the obligor at the same time as service of the administrative support order or, if the administrative support order previously has been issued, shall send the notices to the obligor by regular mail at the obligor's last known address at the same time that it sends the notice described in division (B)(1)(b) of this section to the employer. The notification required of the obligor shall include a description of the nature of any new employment, the name and business address of any new employer, and any other information reasonably required by the agency. No obligor shall fail to give the notification as required by division (B)(1)(c) of this section.

(2)(a) If the child support enforcement agency determines that the obligor is receiving workers' compensation payments, the agency may require the bureau of workers' compensation or the employer that has been granted the privilege of paying compensation directly and that is paying workers' compensation benefits to the obligor to withhold from the obligor's workers' compensation payments a specified amount for support in satisfaction of the administrative support order, to begin the withholding no later than the date of the first payment that occurs after fourteen working days following the date the notice was mailed to the bureau or employer under divisions (A)(2) or (3) and (B)(2)(b) of this section, to send the amount withheld to the child support enforcement agency designated for that county pursuant to section 2301.35 of the Revised Code, to send that amount to the agency immediately but not later than ten days after the date the payment is made to the obligor, to provide the date on which the amount was withheld, and to continue the withholding at intervals specified in the notice until further notice from the agency. To the extent possible, the amount specified in the notice to be withheld shall satisfy the amount ordered for support in the administrative support order plus any arrearages that may be owed by the obligor under any prior court or administrative support order that pertained to the same child or spouse, notwithstanding the limitations of section 4123.67 of the Revised Code. However, in no case shall the sum of the amount specified in the notice to be withheld and any fee withheld by an employer as a charge for its services exceed the maximum amount permitted under section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b).

(b) If the agency imposes a withholding requirement under division (B)(2)(a) of this section, it, within the applicable period of time specified in division (A) of this section, shall send to the bureau of workers' compensation or the employer that is paying the obligor's workers' compensation benefits by regular mail a notice that contains all of the information set forth in divisions (B)(2)(b)(i) to (x) of this section. The notice is final and is enforceable by the court. The notice shall contain all of the following:

(i) The amount to be withheld from the obligor's worker's compensation payments and a statement that the amount actually withheld for support and other purposes, including the fee described in division (B)(2)(b)(x) of this section, if applicable, shall not be in excess of the maximum amounts permitted under section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b);

(ii) A statement that the bureau or employer is required to send the amount withheld to the child support enforcement agency immediately, but not later than ten working days, after the payment is made to the obligor and is required to report to the agency the date on which the amount was withheld from the obligor's payments;

(iii) A statement that the withholding is binding upon the bureau or employer until further notice from the court or agency;

(iv) If the notice is sent to an employer who is paying the obligor's worker's compensation benefits, a statement that, if the employer fails to withhold from the obligor's worker's compensation payments in accordance with the provisions of the notice, the employer is liable for the accumulated amount the employer should have withheld from the obligor's payments;

(v) A statement that the withholding in accordance with the notice and under the provisions of this section has priority over any other legal process under the law of this state against the same payment of benefits;

(vi) The date on which the notice was mailed and a statement that the bureau or employer is required to implement the withholding no later than the date of the first payment that occurs after fourteen working days following the date the notice was mailed and is required to continue the withholding at the intervals specified in the notice;

(vii) A requirement that the bureau or employer promptly notify the child support enforcement agency, in writing, within ten working days after the date of any termination of the obligor's workers' compensation benefits;

(viii) A requirement that the bureau or employer include in all notices the obligor's last known mailing address, last known residence address, and social security number;

(ix) A requirement that, no later than the earlier of forty-five days before the lump sum payment is to be made or, if the obligor's right to the lump sum payment is determined less than forty-five days before it is to be made, the date on which that determination is made, the bureau or employer notify the child support enforcement agency of any lump-sum payment of any kind of five hundred dollars or more that is to be paid to the obligor, hold the lump-sum payment for thirty days after the date on which the lump-sum payment otherwise would be paid to the obligor, and, upon order of the agency, pay any specified amount of the lump-sum payment to the agency.

(x) If the notice is sent to an employer who is paying the obligor's workers' compensation benefits a statement that, in addition to the amount withheld for support, the employer may withhold a fee from the obligor's benefits as a charge for its services in complying with the notice and a specification of the amount that may be withheld.

(c) The agency shall send the notice described in division (B)(2)(b) of this section to the obligor and shall attach to the notice an additional notice requiring the obligor to immediately notify the child support enforcement agency, in writing, of any change in the obligor's workers' compensation payments, of the commencement of employment, including self-employment, and of the availability of any other sources of income that can be the subject of any withholding or deduction requirement described in division (B) of this section. The agency shall serve the notices upon the obligor at the same time as service of the administrative support order or, if the administrative support order previously has been issued, shall send the notices to the obligor by regular mail at the obligor's last known address at the same time that it sends the notice described in division (B)(2)(b) of this section to the bureau or employer. The additional notice also shall specify that upon THE OBLIGOR'S commencement of employment the obligor may request the child support enforcement agency to cancel its administrative workers' compensation payment withholding notice and instead issue a notice requiring the withholding of an amount from the obligor's personal earnings for support in accordance with division (B)(1) of this section and that upon commencement of employment the agency may cancel its workers' compensation payment withholding notice and instead will issue a notice requiring the withholding of an amount from the obligor's personal earnings for support in accordance with division (B)(1) of this section. The notification required of the obligor shall include a description of the nature of any new employment, the name and business address of any new employer, and any other information reasonably required by the agency.

(3)(a) If the child support enforcement agency determines that the obligor is receiving any pension, annuity, allowance, or other benefit or is to receive or has received a warrant refunding the obligor's individual account from the public employees retirement system, a municipal retirement system established subject to sections 145.01 to 145.58 of the Revised Code, the police and firemen's disability and pension fund, the state teachers retirement system, the school employees retirement system, or the state highway patrol retirement system, the agency may require the public employees retirement board, the board, board of trustees, or other governing entity of any municipal retirement system, the board of trustees of the police and firemen's disability and pension fund, the state teachers retirement board, the school employees retirement board, or the state highway patrol retirement board to withhold from the obligor's pension, annuity, allowance, other benefit, or warrant a specified amount for support in satisfaction of the support order, to begin the withholding no later than the date of the first payment that occurs after fourteen working days following the date the notice was mailed to the board, board of trustees, or other entity under divisions (A)(2) or (3) and (B)(3)(b) of this section, to send the amount withheld to the child support enforcement agency designated for that county pursuant to section 2301.35 of the Revised Code, to send that amount to the agency immediately but not later than ten days after the date the payment is made to the obligor, to provide the date on which the amount was withheld, and to continue the withholding at intervals specified in the notice until further withholding notice of the agency. To the extent possible, the amount specified in the notice to be withheld shall satisfy the amount ordered for support in the support order plus any arrearages that may be owed by the obligor under any prior court or administrative support order that pertained to the same child or spouse, notwithstanding the limitations of sections 2329.66, 2329.70, and 2716.13 of the Revised Code. However, in no case shall the sum of the amount specified in the notice to be withheld and any fee withheld by the board, board of trustees, or other entity as a charge for its services exceed the maximum amount permitted under section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b).

(b) If the agency imposes a withholding requirement under division (B)(3)(a) of this section, it, within the applicable period of time specified in division (A) of this section, shall send to the board, board of trustees, or other entity by regular mail a notice that contains all of the information set forth in divisions (B)(3)(b)(i) to (ix) of this section. The notice is final and is enforceable by the court. The notice shall contain all of the following:

(i) The amount to be withheld from the obligor's pension, annuity, allowance, other benefit, or warrant and a statement that the amount actually withheld for support and other purposes, including the fee described in division (B)(3)(b)(ix) of this section, shall not be in excess of the maximum amounts permitted under section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b);

(ii) A statement that the board, board of trustees, or other entity is required to send the amount withheld to the child support enforcement agency immediately, but not later than ten working days, after the payment is made to the obligor and is required to report to the agency the date on which the amount was withheld from the obligor's payments;

(iii) A statement that the withholding is binding upon the board, board of trustees, or other entity until further notice from the court or agency;

(iv) A statement that the withholding in accordance with the notice and under the provisions of this section has priority over any other legal process under the law of this state against the same payment of the pension, annuity, allowance, other benefit, or warrant;

(v) The date on which the notice was mailed and a statement that the board, board of trustees, or other entity is required to implement the withholding no later than the date of the first payment that occurs after fourteen working days following the date the notice was mailed and is required to continue the withholding at the intervals specified in the notice;

(vi) A requirement that the board, board of trustees, or other entity promptly notify the child support enforcement agency, in writing, within ten working days after the date of any termination of the obligor's pension, annuity, allowance, or other benefit;

(vii) A requirement that the board, board of trustees, or other entity include in all notices the obligor's last known mailing address, last known residence address, and social security number;

(viii) A requirement that, no later than the earlier of forty-five days before the lump-sum payment is to be made or, if the obligor's right to the lump-sum payment is determined less than forty-five days before it is to be made, the date on which that determination is made, the board, board of trustees, or other entity notify the child support enforcement agency of any lump-sum payment of any kind of five hundred dollars or more that is to be paid to the obligor, hold the lump-sum payment for thirty days after the date on which the lump-sum payment would otherwise be paid to the obligor, if the lump-sum payments are lump-sum payments of retirement benefits or contributions, and, upon order of the agency, pay any specified amount of the lump-sum payment to the agency.

(ix) A statement that, in addition to the amount withheld for support, the board, board of trustees, or other entity may withhold a fee from the obligor's pension, annuity, allowance, other benefit, or warrant as a charge for its services in complying with the notice and a specification of the amount that may be withheld.

(c) The agency shall send the notice described in division (B)(3)(b) of this section to the obligor and shall attach to the notice an additional notice requiring the obligor immediately to notify the child support enforcement agency, in writing, of any change in the obligor's pension, annuity, allowance, or other benefit, of the commencement of employment, including self-employment, and of the availability of any other sources of income that can be the subject of any withholding or deduction requirement described in division (B) of this section. The agency shall serve the notices upon the obligor at the same time as service of the administrative support order or, if the administrative support order previously has been issued, shall send the notices to the obligor by regular mail, at the obligor's last known address, at the same time it sends the notice described in division (B)(3)(b) of this section to the board, board of trustees, or other entity. The additional notice also shall notify the obligor that upon THE OBLIGOR'S commencement of employment the obligor may request the agency to issue a notice requiring the withholding of an amount from the obligor's personal earnings for support in accordance with division (B)(1) of this section and that upon THE OBLIGOR'S commencement of employment the agency may cancel its withholding notice under division (B)(3)(b) of this section and instead will issue a notice requiring the withholding of an amount from the obligor's personal earnings for support in accordance with division (B)(1) of this section. The notification required of the obligor shall include a description of the nature of any new employment, the name and business address of any new employer, and any other information reasonably required by the agency.

(4)(a) If the child support enforcement agency determines that the obligor is receiving any form of income, including, but not limited to, disability or sick pay, insurance proceeds, lottery prize awards, federal, state, or local government benefits to the extent that the benefits can be withheld or deducted under any law governing the benefits, any form of trust fund or endowment fund, vacation pay, commissions and draws against commissions that are paid on a regular basis, bonuses or profit-sharing payments or distributions, or any lump-sum payments, the agency may require the person who pays or otherwise distributes the income to the obligor to withhold from the obligor's income a specified amount for support in satisfaction of the administrative support order, to begin the withholding no later than the date of the first payment that occurs after fourteen working days following the date the notice was mailed to the person paying or otherwise distributing the obligor's income under divisions (A)(2) or (3) and (B)(4)(b) of this section, to send the amount withheld to the child support enforcement agency designated for that county pursuant to section 2301.35 of the Revised Code, to send that amount to the agency immediately but not later than ten days after the date the payment is made to the obligor, to provide the date on which the amount was withheld, and to continue the withholding at intervals specified in the notice until further notice from the agency. To the extent possible, the amount specified in the notice to be withheld shall satisfy the amount ordered for support in the administrative support order plus any arrearages that may be owed by the obligor under any prior court or administrative support order that pertained to the same child or spouse, notwithstanding the limitations of sections 2329.66, 2329.70, and 2716.13 of the Revised Code. However, in no case shall the sum of the amount specified in the notice to be withheld and any fee withheld by the person paying or otherwise distributing the obligor's income as a charge for its services exceed the maximum amount permitted under section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b).

(b) If the agency imposes a withholding requirement under division (B)(4)(a) of this section, it, within the applicable period of time specified in division (A) of this section, shall send to the person paying or otherwise distributing the obligor's income by regular mail a notice that contains all of the information set forth in divisions (B)(4)(b)(i) to (ix) of this section. The notice is final and is enforceable by the court. The notice shall contain all of the following:

(i) The amount to be withheld from the obligor's income and a statement that the amount actually withheld for support and other purposes, including the fee described in division (B)(4)(b)(ix) of this section, shall not be in excess of the maximum amounts permitted under section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b);

(ii) A statement that the person paying or otherwise distributing the obligor's income is required to send the amount withheld to the child support enforcement agency immediately, but not later than ten working days, after the payment is made to the obligor and is required to report to the agency the date on which the amount was withheld from the obligor's payments;

(iii) A statement that the withholding is binding upon the person paying or otherwise distributing the obligor's income until further notice from the court or agency;

(iv) A statement that the withholding in accordance with the notice and under the provisions of this section has priority over any other legal process under the law of this state against the same payment of the income;

(v) The date on which the notice was mailed and a statement that the person paying or otherwise distributing the obligor's income is required to implement the withholding no later than the date of the first payment that occurs after fourteen working days following the date the notice was mailed and is required to continue the withholding at the intervals specified in the notice;

(vi) A requirement that the person paying or otherwise distributing the obligor's income promptly notify the child support enforcement agency, in writing, within ten days after the date of any termination of the obligor's income;

(vii) A requirement that the person paying or otherwise distributing the obligor's income include in all notices the obligor's last known mailing address, last known residence address, and social security number;

(viii) A requirement that, no later than the earlier of forty-five days before the lump-sum payment is to be made or, if the obligor's right to the lump-sum payment is determined less than forty-five days before it is to be made, the date on which that determination is made, the person paying or otherwise distributing the obligor's income notify the child support enforcement agency of any lump-sum payment of any kind of five hundred dollars or more that is to be paid to the obligor, hold the lump-sum payment for thirty days after the date on which the lump-sum payment would otherwise be paid to the obligor, if the lump-sum payment is sick pay, lump-sum payment of retirement benefits or contributions, or profit-sharing payments or distributions, and, upon order of the agency, pay any specified amount of the lump-sum payment to the child support enforcement agency.

(ix) A statement that, in addition, to the amount withheld for support, the person paying or otherwise distributing the obligor's income may withhold a fee from the obligor's income as a charge for its services in complying with the notice and a specification of the amount that may be withheld.

(c) The agency shall send the notice described in division (B)(4)(b) of this section to the obligor and shall attach to the notice an additional notice requiring the obligor immediately to notify the child support enforcement agency, in writing, of any change in THE OBLIGOR'S income to which the withholding notice applies, of the OBLIGOR'S commencement of employment, including self-employment, and of the availability of any other sources of income that can be the subject of any withholding or deduction requirement described in division (B) of this section. The agency shall serve the notices upon the obligor at the same time as service of the administrative support order or, if the administrative support order previously has been issued, shall send the notices to the obligor by regular mail at the obligor's last known address at the same time that it sends the notice described in division (B)(4)(b) of this section to the person paying or otherwise distributing the obligor's income. The additional notice also shall notify the obligor that upon THE OBLIGOR'S commencement of employment the obligor may request the agency to issue a notice requiring the withholding of an amount from the obligor's personal earnings for support in accordance with division (B)(1) of this section and that upon THE OBLIGOR'S commencement of employment the agency may cancel its withholding notice under division (B)(4)(b) of this section and instead will issue a notice requiring the withholding of an amount from the obligor's personal earnings for support in accordance with division (B)(1) of this section. The notification required of the obligor shall include a description of the nature of any new employment, the name and business address of any new employer, and any other information reasonably required by the court.

(5)(a) If the child support enforcement agency determines that the obligor has funds on deposit in any account in a financial institution under the jurisdiction of the court, the agency may require any financial institution in which the obligor's funds are on deposit to deduct from the obligor's account a specified amount for support in satisfaction of the administrative support order, to begin the deduction no later than fourteen working days following the date the notice was mailed to the financial institution under divisions (A)(2) or (3) and (B)(5)(b) of this section, to send the amount deducted to the child support enforcement agency designated for that county pursuant to section 2301.35 of the Revised Code, to send that amount to the agency immediately but not later than ten days after the date the latest deduction was made, to provide the date on which the amount was deducted, and to continue the deduction at intervals specified in the notice until further notice from the agency. To the extent possible, the amount specified in the notice to be deducted shall satisfy the amount ordered for support in the administrative support order plus any arrearages that may be owed by the obligor under any prior court or administrative support order that pertained to the same child or spouse, notwithstanding the limitations of sections 2329.66, 2329.70, and 2716.13 of the Revised Code. However, in no case shall the sum of the amount specified in the notice to be deducted and the fee deducted by the financial institution as a charge for its services exceed the maximum amount permitted under section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b).

(b) If the agency imposes a deduction requirement under division (B)(5)(a) of this section, it, within the applicable period of time specified in division (A) of this section, shall send to the financial institution by regular mail a notice that contains all of the information set forth in divisions (B)(5)(b)(i) to (viii) of this section. The notice is final and is enforceable by the court. The notice shall contain all of the following:

(i) The amount to be deducted from the obligor's account and a statement that the amount actually deducted for support and other purposes, including the fee described in division (B)(5)(b)(viii) of this section, shall not be in excess of the maximum amounts permitted under section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b);

(ii) A statement that the financial institution is required to send the amount deducted to the child support enforcement agency immediately, but not later than ten working days, after the date the last deduction was made and is required to report to the agency the date on which the amount was deducted from the obligor's account;

(iii) A statement that the deduction is binding upon the financial institution until further notice from the court or agency;

(iv) A statement that the withholding in accordance with the notice and under the provisions of this section has priority over any other legal process under the law of this state against the same account;

(v) The date on which the notice was mailed and a statement that the financial institution is required to implement the deduction no later than fourteen working days following the date the notice was mailed and is required to continue the deduction at the intervals specified in the notice;

(vi) A requirement that the financial institution promptly notify the child support enforcement agency, in writing, within ten days after the date of any termination of the account from which the deduction is being made and notify the agency, in writing, of the opening of a new account at that financial institution, the account number of the new account, the name of any other known financial institutions in which the obligor has any accounts, and the numbers of those accounts;

(vii) A requirement that the financial institution include in all notices the obligor's last known mailing address, last known residence address, and social security number;

(viii) A statement that, in addition to the amount deducted for support, the financial institution may deduct a fee from the obligor's account as a charge for its services in complying with the administrative order and a specification of the amount that may be deducted.

(c) The agency shall send the notice described in division (B)(5)(b) of this section to the obligor and shall attach to the notice an additional notice requiring the obligor immediately to notify the child support enforcement agency, in writing, of any change in the status of the account from which the amount of support is being deducted or the opening of a new account with any financial institution, of the OBLIGOR'S commencement of employment, including self-employment, or of the availability of any other sources of income that can be the subject of any withholding or deduction requirement described in division (B) of this section. The agency shall serve the notices upon the obligor at the same time as service of the administrative support order or, if the support order previously has been issued, shall send the notices to the obligor by regular mail at the obligor's last known address at the same time that it sends the notice described in division (B)(5)(b) of this section to the obligor. The additional notice also shall notify the obligor that upon THE OBLIGOR'S commencement of employment, the obligor may request the agency to cancel its financial institution account deduction notice and instead issue a notice requiring the withholding of an amount from the obligor's personal earnings for support in accordance with division (B)(1) of this section and that upon THE OBLIGOR'S commencement of employment the agency may cancel its financial institution account deduction notice and instead will issue a notice requiring the withholding of an amount from the obligor's personal earnings for support in accordance with division (B)(1) of this section. The notification required of the obligor shall include a description of the nature of any new accounts opened at a financial institution located in the county in which the agency is located, the name and business address of that financial institution, a description of the nature of any new employment, the name and business address of any new employer, and any other information reasonably required by the agency.

(C) If an agency issues or modifies an administrative support order under section 3111.20, 3111.21, or 3111.22 of the Revised Code and issues one or more notices described in division (B) of this section, the agency to the extent possible shall issue a sufficient number of notices under division (B) of this section to provide that the aggregate amount withheld or deducted under those notices satisfies the amount ordered for support in the administrative support order plus any arrearages that may be owed by the obligor under any prior court or administrative support order that pertained to the same child or spouse, notwithstanding the limitations of sections 2329.66, 2329.70, 2716.13, and 4123.67 of the Revised Code. However, in no case shall the aggregate amount withheld or deducted and any fees withheld or deducted as a charge for services exceed the maximum amount permitted under section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b).

(D) When two or more withholding or deduction notices that are described in division (B) of this section are received by an employer, the bureau of workers' compensation, an employer that is paying more than one person's workers' compensation benefits, the public employees retirement board, the board, board of trustees, or other governing entity of any municipal retirement system, the board of trustees of the police and firemen's disability and pension fund, the state teachers retirement board, the school employees retirement board, the state highway patrol retirement board, a person paying or otherwise distributing income for more than one obligor, or a financial institution, the employer, bureau of workers' compensation, employer paying workers' compensation benefits, board, board of trustees, or other governing entity of a retirement system, person paying or distributing income to an obligor, or financial institution shall comply with all of the requirements contained in the notices to the extent that the total amount withheld from the obligor's personal earnings, payments, pensions, annuities, allowances, benefits, other sources of income, or savings does not exceed the maximum amount permitted under section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b), withhold or deduct amounts in accordance with the allocation set forth in divisions (D)(1) and (2) of this section, notify each agency that issued one of the notices of the allocation, and give priority to amounts designated in each notice as current support in the following manner:

(1) If the total of the amounts designated in the notices as current support exceeds the amount available for withholding under section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b), the employer, bureau of workers' compensation, employer paying workers' compensation benefits, board, board of trustees, or other governing entity of a municipal retirement system, person paying or distributing income to an obligor, or financial institution shall allocate to each notice an amount for current support equal to the amount designated in that notice as current support multiplied by a fraction in which the numerator is the amount of personal earnings, payments, pensions, annuities, allowances, benefits, other sources of income, or savings available for withholding and the denominator is the total amount designated in all of the notices as current support.

(2) If the total of the amounts designated in the notices as current support does not exceed the amount available for withholding under section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b), the persons and entities listed in division (C)(1) of this section shall pay all of the amounts designated as current support in the notices and shall allocate to each notice an amount for past-due support equal to the amount designated in that notice as past-due support multiplied by a fraction in which the numerator is the amount of personal earnings, payments, pensions, annuities, allowances, benefits, other sources of income, or savings remaining available for withholding after the payment of current support and the denominator is the total amount designated in all of the notices orders as past-due support.

(E)(1) Except when a provision specifically authorizes or requires service other than as described in this division, service of any notice on any party, the bureau of workers' compensation, an employer that is paying a person's workers' compensation benefits, the public employees retirement board, the board, board of trustees, or other governing entity of any municipal retirement system, the board of trustees of the police and firemen's disability and pension fund, the state teachers retirement board, the school employees retirement board, the state highway patrol retirement board, a person paying or otherwise distributing an obligor's income, a financial institution, or an employer, for purposes of division (A) or (B) of this section, may be made by personal service or ordinary first class mail directed to the addressee at the addressee's last known address, or, in the case of a corporation, at its usual place of doing business.

(2) Each party to an administrative support order shall notify the child support enforcement agency of the party's current mailing address and current residence address at the time of the issuance or modification of the order and, until further notice of the agency that issues the order, shall notify the agency of any change in either address immediately after the change occurs. No person shall fail to give the notice as required by division (E)(2) of this section.

(3) Each administrative support order issued pursuant to this section shall contain a statement requiring each party to the order to notify the child support enforcement agency in writing of the party's current mailing address, the party's current residence address, and of any changes in either address, and a notice that the requirement to notify the agency of all changes in either address continues until further notice from the agency.

(4)(a) The parent who is the residential parent and legal custodian of a child for whom PURPOSES OF RECEIVING CHILD SUPPORT UNDER an administrative support order is issued or the person who otherwise has custody of a child for whom an administrative support order is issued immediately shall notify, and the obligor under an administrative support order may notify, the child support enforcement agency of any reason for which an administrative support order should terminate, including, but not limited to, death, marriage, emancipation, enlistment in the armed services, deportation, or change of legal or physical custody of the child. Upon receipt of a notice pursuant to this division, the agency immediately shall conduct an investigation to determine if any reason exists for which the administrative support order should terminate. If the agency so determines, it immediately shall terminate the administrative support order.

(b) Upon receipt of a notice given pursuant to division (E)(4)(a) of this section, the agency shall impound any funds received for the child pursuant to the administrative support order and set the case for an administrative hearing for a determination of whether the administrative support order should be terminated or modified or whether the agency should take any other appropriate action.

(c) If the child support enforcement agency terminates an administrative support order pursuant to divisions (E)(4)(a) and (b) of this section, the termination of the support order also terminates any withholding or deduction order as described in division (B) of this section that was issued relative to the administrative support order prior to December 31, 1993, and any withholding or deduction notice as described in division (B) of this section that was issued relative to the administrative support order on or after December 31, 1993. Upon the termination of any withholding or deduction order or any withholding or deduction notice, the agency immediately shall notify each employer, financial institution, or other person or entity that was required to withhold or deduct a sum of money for the payment of support under the terminated withholding or deduction order or the terminated withholding or deduction notice that the order or notice has been terminated and that it is required to cease all withholding or deduction under the order or notice.

(d) The department of human services shall adopt rules that provide for both of the following:

(i) The return to the appropriate person of any funds that a child support enforcement agency has impounded under division (E)(4)(b) of this section, if the administrative support order under which the funds were paid has been terminated pursuant to divisions (E)(4)(a) and (b) of this section;

(ii) The return to the appropriate person of any other payments made pursuant to an administrative support order, if the payments were made at any time after the administrative support order under which the funds were paid has been terminated pursuant to divisions (E)(4)(a) and (b) of this section.

(5) If any party to an administrative support order requests a modification of the administrative support order or if any obligee under an administrative support order or any person on behalf of the obligee files any action to enforce an administrative support order with the agency, the agency shall proceed as provided in sections 3111.20 to 3111.28 and 3113.21 to 3113.219 of the Revised Code.

(F)(1) Upon receipt of a notice that a lump-sum payment of five hundred dollars or more is to be paid to the obligor, the agency shall do either of the following:

(a) If the obligor is in default under the administrative support order or has any unpaid arrearages under the administrative support order, issue an administrative order requiring the transmittal of the lump-sum payment to the child support enforcement agency;

(b) If the obligor is not in default under the administrative support order and does not have any unpaid arrearages under the support order, issue an administrative order directing the person who gave the notice to the agency to immediately pay the full amount of the lump-sum payment to the obligor.

(2) Upon receipt of any moneys pursuant to division (F)(1)(a) of this section, a child support enforcement agency shall pay the amount of the lump-sum payment that is necessary to discharge all of the obligor's arrearages to the obligee and, within two business days after its receipt of the money, any amount that is remaining after the payment of the arrearages to the obligor.

(G)(1) Any administrative support order, or modification of an administrative support order, that is subject to this section shall contain the date of birth and social security number of the obligor.

(2) No withholding or deduction notice described in division (B) of this section shall contain any information other than the information specifically required by division (B) or (G)(3) of this section or by any other section of the Revised Code and any additional information that the issuing agency determines may be necessary to comply with the notice.

(3) Each withholding or deduction notice described in division (B) of this section shall include notice of all of the following:

(a) That the child support enforcement agency may bring an action under section 3111.28 of the Revised Code requesting the court to find the employer, financial institution, employer that is paying the obligor's workers' compensation benefits, public employees retirement board, board, board of trustees, or other governing entity of any municipal retirement system, board of trustees of the police and firemen's disability and pension fund, state teachers retirement board, school employees retirement board, state highway patrol retirement board, person paying or otherwise distributing an obligor's income, or bureau of workers' compensation in contempt pursuant to section 2705.02 of the Revised Code if the employer, financial institution, employer that is paying the obligor's workers' compensation benefits, public employees retirement board, board, board of trustees, or other governing entity of the municipal retirement system, board of trustees of the police and firemen's disability and pension fund, state teachers retirement board, school employees retirement board, state highway patrol retirement board, person paying or otherwise distributing the obligor's income, or bureau of workers' compensation fails to comply with the withholding or deduction notice;

(b) That, if the employer, financial institution, employer that is paying the obligor's workers' compensation benefits, public employees retirement board, board, board of trustees, or other governing entity of the municipal retirement system, board of trustees of the police and firemen's disability and pension fund, state teachers retirement board, school employees retirement board, state highway patrol retirement board, person paying or otherwise distributing an obligor's income, or bureau of workers' compensation fails to comply with the withholding or deduction notice, that failure to comply is contempt pursuant to section 2705.02 of the Revised Code.

(H) No withholding or deduction notice described in division (B) of this section and issued under this section or any other section of the Revised Code shall be terminated solely because the obligor pays any part or all of the arrearages under the administrative support order.

(I)(1) Except as provided in division (I)(2) of this section and section 2301.42 of the Revised Code and the rules adopted pursuant to division (C) of that section, if child support arrearages are owed by an obligor to the obligee and to the department of human services, any payments received on the arrearages by the child support enforcement agency first shall be paid to the obligee until the arrearages owed to the obligee are paid in full.

(2) Division (I)(1) of this section does not apply to the collection of past-due child support from refunds of paid federal taxes pursuant to section 5101.32 of the Revised Code or of overdue child support from refunds of paid state income taxes pursuant to sections 5101.321 and 5747.121 of the Revised Code.

Sec. 3113.21. (A)(1) In any action in which support is ordered under Chapter 3115. or under section 2151.23, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code, the court shall require the withholding or deduction of wages or assets of the obligor in accordance with division (D) of this section or require the issuance of another type of appropriate court order in accordance with division (D)(6) or (7) or (H) of this section to ensure that withholding or deduction from the wages or assets of the obligor is available from the commencement of the support order for the collection of the support and any arrearages that occur. The court shall determine the specific withholding or deduction requirements or other appropriate requirements applicable to the obligor under the support order in accordance with divisions (D) and (H) of this section and section 2301.371 of the Revised Code and shall include the specific requirements in the notices described in divisions (A)(2) and (D) of this section or in the court orders described in divisions (A)(2), (D)(6) or (7), and (H) of this section. Any person required to comply with any withholding or deduction requirement shall determine the manner of withholding or deducting from the specific requirement included in the notices described in those divisions without the need for any amendment to the support order, and any person required to comply with a court order described in division (D)(6), (D)(7), or (H) of this section shall comply with the court order without the need for any amendment to the support order. The court shall include in any action in which support is ordered as described in division (A)(1) of this section a general provision that states the following:

"All child support and spousal support under this order shall be withheld or deducted from the wages or assets of the obligor pursuant to a withholding or deduction notice or appropriate court order issued in accordance with section 3113.21 of the Revised Code and shall be forwarded to the obligee in accordance with sections 3113.21 to 3113.214 of the Revised Code."

(2) In any action in which support is ordered or modified as described in division (A)(1) of this section, the court shall determine in accordance with divisions (D) and (H) of this section the types of withholding or deduction requirements or other appropriate requirements that should be imposed relative to the obligor under the support order to collect the support due under the order. Within fifteen days after the obligor under the support order is located subsequent to the issuance of the support order or within fifteen days after the default under the support order, whichever is applicable, the court or the child support enforcement agency, as determined by agreement of the court and the agency, shall send a notice by regular mail to each person required to comply with a withholding or deduction requirement. The notice shall specify the withholding or deduction requirement and shall contain all of the information set forth in division (D)(1)(b), (2)(b), (3)(b), (4)(b), or (5)(b) of this section that is applicable to the requirement. If the appropriate requirement is an order of the type described in division (D)(6), (D)(7), or (H) of this section, the court shall issue and send a court order in accordance with that division. The notices and court orders, and the notices provided by the court or child support enforcement agency that require the obligor to notify the agency of any change in the obligor's employment status or of any other change in the status of the obligor's assets, are final and are enforceable by the court. When the court or agency issues a notice, it shall provide the notice to the obligor in accordance with division (D)(1)(c), (D)(2)(c), (D)(3)(c), (D)(4)(c), or (D)(5)(c) of this section, whichever is applicable, and shall include with the notice the additional notices described in the particular division that is applicable.

(3)(a) If support is ordered or modified on or after December 31, 1993, under Chapter 3115. or under section 2151.23, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code, if the court has determined in accordance with division (A)(2) of this section the types of withholding or deduction requirements or other appropriate requirements that should be imposed relative to the obligor under the support order to collect the support due under the order, if the court or a child support enforcement agency has mailed the appropriate notice to the person required to comply with the withholding or deduction requirements that the court has determined should be imposed or the court has issued and sent a court order described in division (D)(6), (D)(7), or (H) of this section containing the other appropriate requirements that the court determined should be imposed, and if the child support enforcement agency is notified or otherwise determines that the employment status or other circumstances of the obligor have changed and that it is more appropriate to impose another type of or an additional withholding or deduction requirement or another type of or additional court order containing another appropriate requirement, the agency immediately shall comply with section 3113.212 of the Revised Code. The notices and court orders issued under this division and section 3113.212 of the Revised Code, and the notices provided by the court or child support enforcement agency that require the obligor to notify the agency of any change in the obligor's employment status or of any other change in the status of the obligor's assets, are final and are enforceable by the court.

(b) If support has been ordered prior to December 31, 1993, under Chapter 3115. or under section 2151.23, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code, if the support order has not been modified on or after December 31, 1993, if division (B) of this section has not been applied on or after December 31, 1993, regarding a default under the order, if the support order includes a provision that is substantively comparable to the general provision described in division (A)(1) of this section that must be included in all support orders issued or modified on or after December 31, 1993, and if the child support enforcement agency is notified or otherwise determines that the employment status or other circumstances of the obligor under the support order have changed so that it is appropriate to impose a withholding or deduction requirement or another type of or additional appropriate requirement as described in division (D) of this section to collect the support due under the order, the agency shall comply with section 3113.212 of the Revised Code as if the support order had been issued or modified on or after December 31, 1993, and as if it included the general provision described in division (A)(1) of this section that must be included in all support orders issued or modified on or after that date. The notices and court orders issued under this provision and section 3113.212 of the Revised Code, and the notices provided by the court or child support enforcement agency that require the obligor to notify the agency of any change in the obligor's employment status or of any other change in the status of the obligor's assets, are final and are enforceable by the court.

(c) If support has been ordered prior to December 31, 1993, under Chapter 3115. or under section 2151.23, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code, if the support order has not been modified on or after December 31, 1993, if division (B) of this section has not been applied on or after December 31, 1993, regarding a default under the order, if the support order does not include a provision that is substantively comparable to the general provision described in division (A)(1) of this section that must be included in all support orders issued or modified on or after December 31, 1993, and if the child support enforcement agency is notified or otherwise determines that the employment status or other circumstances of the obligor under the support order have changed so that it is appropriate to impose a withholding or deduction requirement or another type of or additional appropriate requirement as described in division (D) of this section to collect the support due under the order, the agency may request the court to reissue the support order in question to be identical to the support order except for a general provision as described in division (A) of this section requiring the withholding or deduction of wages or assets of the obligor in accordance with division (D) of this section or requiring the issuance of a court order containing another type of appropriate requirement in accordance with division (D)(6), (D)(7), or (H) of this section to ensure that withholding or deduction from the wages or assets of the obligor is available for the collection of current support and any arrearages that occur. Upon the receipt of a request from an agency, the court may reissue the order in accordance with this division. If the court reissues the order, the general provision for the withholding or deduction of wages or assets to be included in the reissued support order specifically shall include the statement prescribed in division (B)(1) of this section. Except for the inclusion of the general provision, the provisions of a reissued order under this division shall be identical to the support order in question, and the court or child support enforcement agency shall issue one or more notices requiring withholding or deduction of wages or assets of the obligor in accordance with divisions (A)(2) and (D) of this section, or the court shall issue one or more court orders imposing other appropriate requirements in accordance with division (A)(2) and division (D)(6), (D)(7), or (H) of this section. The notices shall be mailed within fifteen days after the obligor under the support order is located or within fifteen days after the default under the support order, whichever is applicable. Thereafter, section 3113.212 of the Revised Code applies to the issuance of notices and court orders under those divisions with respect to that support order. The notices and court orders issued under this division and section 3113.212 of the Revised Code, and the notices provided by the court or child support enforcement agency that require the obligor to notify the agency of any change in the obligor's employment status or of any other change in the status of the obligor's assets, are final and are enforceable by the court.

(4) The department of human services shall adopt standard forms for the support withholding and deduction notices that are prescribed by divisions (A)(1) to (3) and (B) of this section. All courts and child support enforcement agencies shall use the forms in issuing withholding and deduction notices in compliance with this section.

(B)(1)(a) In any action in which support is ordered under Chapter 3115. or under section 2151.23, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3111.20, 3111.21, 3111.22, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code and in which there has been a default under the order, the court shall comply with divisions (B)(1) to (6) of this section.

If the support was ordered prior to December 31, 1993, or pursuant to section 3111.20, 3111.21, or 3111.22 of the Revised Code, the court shall reissue the support order under which there has been a default and shall include in the reissued order a general provision as described in this division requiring the withholding or deduction of wages or assets of the obligor in accordance with division (D) of this section or requiring the issuance of a court order containing another type of appropriate requirement in accordance with division (D)(6), (D)(7), or (H) of this section to ensure that withholding or deduction from the wages or assets is available for the collection of current support and any arrearages that occur. If the support was ordered pursuant to section 3111.20, 3111.21, or 3111.22 of the Revised Code and the support order includes a general provision similar to the one described in this division, the court shall replace the similar general provision with the general provision described in this division. Except for the inclusion or replacement of the general provision, the provisions of the reissued order required under this division shall be identical to those of the support order under which there has been a default.

Regardless of when the support was ordered, when support has been ordered under any chapter or section described in this division, the child support enforcement agency shall initiate support withholding when the order is in default. Immediately after the identification of a default under the support order, the child support enforcement agency shall conduct the investigation described in division (B)(1)(b) of this section. Additionally, within fifteen calendar days after the identification of a default under the support order, the child support enforcement agency shall investigate the default and send advance notice to the obligor. The advance notice shall include a notice describing the actions that may be taken against the obligor pursuant to sections 2301.373 and 2301.374 of the Revised Code if the court or agency makes a final and enforceable determination that the obligor is in default pursuant to this division. If the location of the obligor is unknown at the time of the identification of a default under the support order, the agency shall send the advance notice to the obligor within fifteen days after the agency locates the obligor. The general provision for the withholding or deduction of wages or assets to be included in the reissued support order specifically shall include the following statement:

"All child support and spousal support under this order shall be withheld or deducted from the wages or assets of the obligor pursuant to a withholding or deduction notice or appropriate court order issued in accordance with section 3113.21 of the Revised Code and shall be forwarded to the obligee in accordance with sections 3113.21 to 3113.214 of the Revised Code."

(b) After the identification of a default under a support order as described in division (B)(1)(a) of this section, the child support enforcement agency immediately shall conduct an investigation to determine the employment status of the obligor, the obligor's social security number, the name and business address of the obligor's employer, whether the obligor is in default under a support order, the amount of any arrearages, and any other information necessary to enable the court or agency to impose any withholding or deduction requirements and issue the related notices described in division (D) of this section or to issue any court orders described in division (D)(6) or (7) of this section. The agency also shall conduct an investigation under this division when required by division (C)(1)(a) or (b) of this section, shall complete the investigation within twenty days after the obligor or obligee files the motion with the court under division (C)(1)(a) of this section or the court orders the investigation under division (C)(1)(b) of this section, and shall conduct an investigation under this division when required by section 3113.214 of the Revised Code.

(2) An advance notice to an obligor required by division (B)(1) of this section shall contain all of the following:

(a) A statement of the date on which the advance notice is sent, the amount of arrearages owed by the obligor as determined by the court or the child support enforcement agency, the types of withholding or deduction requirements and related notices described in division (D) of this section or the types of court orders described in division (D)(6), (D)(7), or (H) of this section that will be issued to pay support and any arrearages, and the amount that will be withheld or deducted pursuant to those requirements;

(b) A statement that any notice for the withholding or deduction of an amount from personal earnings or other income or assets apply to all subsequent employers of the obligor, financial institutions in which the obligor has an account, and other persons or entities who pay or distribute income to the obligor and that any withholding or deduction requirement and related notice described in division (D) of this section or any court order described in division (D)(6), (D)(7), or (H) of this section that is issued will not be discontinued solely because the obligor pays any arrearages;

(c) An explanation of the administrative and court action that will take place if the obligor contests the inclusion of any of the provisions;

(d) A statement that the contents of the advance notice are final and are enforceable by the court unless the obligor files with the child support enforcement agency, within seven days after the date on which the advance notice is sent, a written request for an administrative hearing to determine if a mistake of fact was made in the notice.

(3) If the obligor requests a hearing regarding the advance notice in accordance with division (B)(2)(d) of this section, the child support enforcement agency shall conduct an administrative hearing no later than ten days after the date on which the obligor files the request for the hearing. No later than five days before the date on which the hearing is to be conducted, the agency shall send the obligor and the obligee written notice of the date, time, place, and purpose of the hearing. The notice to the obligor and obligee also shall indicate that the obligor may present testimony and evidence at the hearing only in regard to the issue of whether a mistake of fact was made in the advance notice.

At the hearing, the child support enforcement agency shall determine whether a mistake of fact was made in the advance notice. If it determines that a mistake of fact was made, the agency shall determine the provisions that should be changed and included in a corrected notice and shall correct the advance notice accordingly. The agency shall send its determinations to the obligor. The agency's determinations are final and are enforceable by the court unless, within seven days after the agency makes it ITS determinations, the obligor files a written motion with the court for a court hearing to determine if a mistake of fact still exists in the advance notice or corrected advance notice.

(4) If, within seven days after the agency makes its determinations under division (B)(3) of this section, the obligor files a written motion for a court hearing to determine if a mistake of fact still exists in the advance notice or the corrected advance notice, the court shall hold a hearing on the request as soon as possible, but no later than ten days, after the request is filed. If the obligor requests a court hearing, no later than five days before the date on which the court hearing is to be held, the court shall send the obligor and the obligee written notice by ordinary mail of the date, time, place, and purpose of the court hearing. The hearing shall be limited to a determination of whether there is a mistake of fact in the advance notice or the corrected advance notice.

If, at a hearing conducted under this division, the court detects a mistake of fact in the advance notice or the corrected advance notice, it immediately shall correct the notice.

(5) Upon exhaustion of all rights of the obligor to contest the withholding or deduction on the basis of a mistake of fact and no later than the expiration of forty-five days after the issuance of the advance notice under division (B)(1) of this section, the court or child support enforcement agency shall issue one or more notices requiring withholding or deduction of wages or assets of the obligor in accordance with divisions (A)(2) and (D) of this section, or the court shall issue one or more court orders imposing other appropriate requirements in accordance with division (A)(2) and division (D)(6), (D)(7), or (H) of this section. Thereafter, section 3113.212 of the Revised Code applies in relation to the issuance of the notices and court orders. The notices and court orders issued under this division or section 3113.212 of the Revised Code are final and are enforceable by the court. The court or agency shall send to the obligor by ordinary mail a copy of the withholding or deduction notice, in accordance with division (D) of this section. The failure of the court or agency to give the notice required by this division does not affect the ability of any court to issue any notice or order under this section or any other section of the Revised Code for the payment of support, does not provide any defense to any notice or order for the payment of support that is issued under this section or any other section of the Revised Code, and does not affect any obligation to pay support.

(6) The department of human services shall adopt standard forms for the advance notice prescribed by divisions (B)(1) to (5) of this section. All courts and child support enforcement agencies shall use those forms, and the support withholding and deduction notice forms adopted under division (A)(4) of this section, in complying with this section.

(C)(1) In any action in which support is ordered under Chapter 3115. or under section 2151.23, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code, all of the following apply:

(a) The obligor or obligee under the order may file a motion with the court that issued the order requesting the issuance of one or more withholding or deduction notices as described in division (D) of this section to pay the support due under the order. The motion may be filed at any time after the support order is issued. Upon the filing of a motion pursuant to this division, the child support enforcement agency immediately shall conduct, and shall complete within twenty days after the motion is filed, an investigation in accordance with division (B)(1)(b) of this section. Upon the completion of the investigation and the filing of the agency's report under division (B)(1)(b) of this section, the court shall issue one or more appropriate orders described in division (D) of this section.

(b) If any proceedings involving the support order that was issued before, on, or after December 1, 1986, are commenced in the court and if the court prior to the effective date of this amendment has not issued any orders under division (D) of this section with respect to the support order, if the court determines that any orders issued prior to the effective date of this amendment under division (D) of this section no longer are appropriate, if the court on or after the effective date of this amendment has not modified or reissued the support order under division (A) or (B) of this section and issued any notices under division (D) or court orders under division (D)(6) or (7) of this section, or if the court on or after the effective date of this amendment has modified or reissued the support order under division (A) or (B) of this section and issued one or more notices under division (D) or one or more court orders under division (D)(6) or (7) of this section but determines that the notices or court orders no longer are appropriate, the court, prior to or during any hearings held with respect to the proceedings and prior to the conclusion of the proceedings, shall order the child support enforcement agency to conduct an investigation pursuant to division (B)(1)(b) of this section. Upon the filing of the findings of the agency following the investigation, the court, as necessary, shall issue one or more notices described in division (D) or one or more court orders described in division (D)(6) or (7) of this section or modify any notices previously issued under division (D) or any court orders previously issued under division (D)(6) or (7) of this section.

(c)(i) If a child support enforcement agency, in accordance with section 3113.216 of the Revised Code, requests the court to issue a revised child support order in accordance with a revised amount of child support calculated by the agency, the court shall proceed as described in this division. If neither the obligor nor the obligee requests a court hearing on the revised amount of child support, the court shall issue a revised child support order requiring the obligor to pay the revised amount of child support calculated by the agency. However, if the obligor or the obligee requests a court hearing on the revised amount of child support calculated by the agency, the court, in accordance with division (C)(1)(c)(ii) of this section, shall schedule and conduct a hearing to determine if the revised amount of child support is the appropriate amount and if the amount of child support being paid under the child support order otherwise should be revised.

(ii) If the court is required to schedule and conduct a hearing pursuant to division (C)(1)(c)(i) of this section, the court shall give the obligor, obligee, and agency at least thirty days' notice of the date, time, and location of the hearing; order the obligor to provide the court with a copy of the obligor's federal income tax return from the previous year, a copy of all pay stubs obtained by the obligor within the preceding six months, and a copy of all other records evidencing the receipt of any other salary, wages, or compensation by the obligor within the preceding six months, if the obligor failed to provide any of those documents to the agency, and order the obligee to provide the court with a copy of the obligee's federal income tax return from the previous year, a copy of all pay stubs obtained by the obligee within the preceding six months, and a copy of all other records evidencing the receipt of any other salary, wages, or compensation by the obligee within the preceding six months, if the obligee failed to provide any of those documents to the agency; give the obligor and the obligee notice that any willful failure to comply with that court order is contempt of court and, upon a finding by the court that the party is in contempt of court, the court and the agency will take any action necessary to obtain the information or make any reasonable assumptions necessary with respect to the income of the person in contempt of court to ensure a fair and equitable review of the child support order; issue a revised child support order requiring the obligor to pay the revised amount of child support calculated by the agency, if the court determines at the hearing that the revised amount of child support calculated by the agency is the appropriate amount; and determine the appropriate amount of child support and, if necessary, issue a revised child support order requiring the obligor to pay the amount of child support determined by the court, if the court determines that the revised amount of child support calculated by the agency is not the appropriate amount.

(iii) In determining, at a hearing conducted under divisions (C)(1)(c)(i) and (ii) of this section, the appropriate amount of child support to be paid by the obligor, the court shall consider, in addition to all other factors required by law to be considered, the cost of health insurance which the obligor, the obligee, or both the obligor and the obligee have been ordered to obtain for the children specified in the order.

(d) On or after July 1, 1990, the court shall issue any order required by section 3113.217 of the Revised Code.

(e)(i) On or after July 1, 1990, an obligee under a child support order may file a motion with the court that issued the order requesting the court to modify the order to require the obligor to obtain health insurance coverage for the children who are the subject of the order, and on or after July 1, 1990, an obligor under a child support order may file a motion with the court that issued the order requesting the court to modify the order to require the obligee to obtain health insurance coverage for those children. Upon the filing of such a motion, the court shall order the child support enforcement agency to conduct an investigation to determine whether the obligor or obligee has satisfactory health insurance coverage for the children. Upon completion of its investigation, the agency shall inform the court, in writing, of its determination. If the court determines that neither the obligor nor the obligee has satisfactory health insurance coverage for the children, it shall issue an order in accordance with section 3113.217 of the Revised Code.

(ii) On or after July 1, 1990, an obligor or obligee under a child support order may file a motion with the court that issued the order requesting the court to modify the amount of child support required to be paid under the order because that amount does not adequately cover the medical needs of the child. Upon the filing of such a motion, the court shall determine whether the amount of child support required to be paid under the order adequately covers the medical needs of the child and whether to modify the order, in accordance with division (B)(4) of section 3113.215 of the Revised Code.

(f) Whenever a court modifies, reviews, or otherwise reconsiders a child support order, it may reconsider which parent may claim the children who are the subject of the child support order as dependents for federal income tax purposes as set forth in section 151 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended, and shall issue its determination on this issue as part of the child support order. The court in its order may permit the parent who is not the residential parent and legal custodian FOR PURPOSES OF RECEIVING CHILD SUPPORT to claim the children as dependents for federal income tax purposes only if the payments for child support are current in full as ordered by the court for the year in which the children will be claimed as dependents. If the court determines that the parent who is not the residential parent and legal custodian FOR PURPOSES OF RECEIVING CHILD SUPPORT may claim the children as dependents for federal income tax purposes, it shall order the residential parent FOR PURPOSES OF RECEIVING CHILD SUPPORT to take whatever action is necessary pursuant to section 152 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended, to enable the parent who is not the residential parent and legal custodian FOR PURPOSES OF RECEIVING CHILD SUPPORT to claim the children as dependents for federal income tax purposes in accordance with the order of the court. Any willful failure of the residential parent FOR PURPOSES OF RECEIVING CHILD SUPPORT to comply with the order of the court is contempt of court.

(g) If the order is a child support order issued on or after July 1, 1990, or if the order modifies, on or after July 1, 1990, a prior child support order, the court shall include in the order all of the requirements, specifications, and statements described in division (B) of section 3113.218 of the Revised Code.

(2) In any action in which a support order is issued, on or after December 1, 1986, under Chapter 3115. or under section 2151.23, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code, the court issuing the order also shall conduct a hearing, prior to or at the time of the issuance of the support order, to determine the employment status of the obligor, the obligor's social security number, the name and business address of the obligor's employer, and any other information necessary to enable the court or a child support enforcement agency to issue any withholding or deduction notice described in division (D) of this section or for the court to issue a court order described in division (D)(6) or (7) of this section. The court, prior to the hearing, shall give the obligor notice of the hearing that shall include the date on which the notice is given and notice that the obligor is subject to a requirement for the withholding of a specified amount from personal earnings if employed and to one or more other types of withholding or deduction requirements described in division (D) or one or more types of court orders described in division (D)(6) or (7) of this section and that the obligor may present evidence and testimony at the hearing to prove that any of the requirements would not be proper because of a mistake of fact.

The court or child support enforcement agency, immediately upon the court's completion of the hearing, shall issue one or more of the types of notices described in division (D) of this section imposing a withholding or deduction requirement, or the court shall issue one or more types of court orders described in division (D)(6) or (7) of this section.

(D) If a court or child support enforcement agency is required under division (A), (B), or (C) of this section or any other section of the Revised Code to issue one or more withholding or deduction notices described in this division or court orders described in division (D)(6) or (7) of this section, the court shall issue one or more of the following types of notices or court orders, or the agency shall issue one or more of the following types of notices to pay the support required under the support order in question and also, if required by any of those divisions, any other section of the Revised Code, or the court, to pay any arrearages:

(1)(a) If the court or the child support enforcement agency determines that the obligor is employed, the court or agency shall require the obligor's employer to withhold from the obligor's personal earnings a specified amount for support in satisfaction of the support order, to begin the withholding no later than the first pay period that occurs after fourteen working days following the date the notice was mailed to the employer under divisions (A)(2) or (B) and (D)(1)(b) of this section, to send the amount withheld to the child support enforcement agency designated for that county pursuant to section 2301.35 of the Revised Code, to send that amount to the agency immediately but not later than ten days after the date the obligor is paid, and to continue the withholding at intervals specified in the notice until further notice from the court or agency. To the extent possible, the amount specified in the notice to be withheld shall satisfy the amount ordered for support in the support order plus any arrearages that may be owed by the obligor under any prior support order that pertained to the same child or spouse, notwithstanding the limitations of sections 2329.66, 2329.70, 2716.02, and 2716.05 of the Revised Code. However, in no case shall the sum of the amount specified in the notice to be withheld and any fee withheld by the employer as a charge for its services exceed the maximum amount permitted under section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b).

(b) If the court or agency imposes a withholding requirement under division (D)(1)(a) of this section, it, within the applicable period of time specified in division (A), (B), or (C) of this section, shall send to the obligor's employer by regular mail a notice that contains all of the information set forth in divisions (D)(1)(b)(i) to (xi) of this section. The notice is final and is enforceable by the court. The notice shall contain all of the following:

(i) The amount to be withheld from the obligor's wages and a statement that the amount actually withheld for support and other purposes, including the fee described in division (D)(1)(b)(xi) of this section, shall not be in excess of the maximum amounts permitted under section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b);

(ii) A statement that the employer is required to send the amount withheld to the child support enforcement agency immediately, but not later than ten working days, after the obligor is paid by the employer and is required to report to the agency the date on which the amount was withheld from the obligor's wages;

(iii) A statement that the withholding is binding upon the employer until further notice from the agency;

(iv) A statement that the employer is subject to a fine to be determined under the law of this state for discharging the obligor from employment, refusing to employ the obligor, or taking any disciplinary action against the obligor because of the withholding requirement;

(v) A statement that, if the employer fails to withhold wages in accordance with the provisions of the notice, the employer is liable for the accumulated amount the employer should have withheld from the obligor's wages;

(vi) A statement that the withholding in accordance with the notice and under the provisions of this section has priority over any other legal process under the law of this state against the same wages;

(vii) The date on which the notice was mailed and a statement that the employer is required to implement the withholding no later than the first pay period that occurs after fourteen working days following the date the notice was mailed and is required to continue the withholding at the intervals specified in the notice;

(viii) A requirement that the employer promptly notify the child support enforcement agency, in writing, within ten working days after the date of any termination of the obligor's employment, any layoff of the obligor, any leave of absence of the obligor without pay, or any other situation in which the employer ceases to pay personal earnings in an amount sufficient to comply with the order to the obligor, provide the agency with the obligor's last known address, notify the agency of the obligor's new employer, if known, and provide the agency with the new employer's name, address, and telephone number, if known;

(ix) A requirement that the employer identify in the notification given under division (D)(1)(b)(viii) of this section any types of benefits other than personal earnings that the obligor is receiving or is eligible to receive as a benefit of employment or as a result of the obligor's termination of employment, including, but not limited to, unemployment compensation, workers' compensation benefits, severance pay, sick leave, lump-sum payments of retirement benefits or contributions, and bonuses or profit-sharing payments or distributions, and the amount of such benefits, and include in the notification the obligor's last known address and telephone number, date of birth, social security number, and court case number and, if known, the name and business address of any new employer of the obligor;

(x) A requirement that, no later than the earlier of forty-five days before the lump-sum payment is to be made or, if the obligor's right to the lump-sum payment is determined less than forty-five days before it is to be made, the date on which that determination is made, the employer notify the child support enforcement agency of any lump-sum payments of any kind of five hundred dollars or more that are to be paid to the obligor, hold the lump-sum payments of five hundred dollars or more for thirty days after the date on which the lump-sum payments otherwise would have been paid to the obligor, if the lump-sum payments are workers' compensation benefits, severance pay, sick leave, lump-sum payments of retirement benefits or contributions, annual bonuses, or profit-sharing payments or distributions, and, upon order of the court, pay any specified amount of the lump-sum payment to the child support enforcement agency.

(xi) A statement that, in addition to the amount withheld for support, the employer may withhold a fee from the obligor's earnings as a charge for its services in complying with the notice and a specification of the amount that may be withheld.

(c) The court or agency shall send the notice described in division (D)(1)(b) of this section to the obligor and shall attach to the notice an additional notice requiring the obligor immediately to notify the child support enforcement agency, in writing, of any change in employment, including self-employment, and of the availability of any other sources of income that can be the subject of any withholding or deduction requirement described in division (D) of this section. The court or agency shall serve the notices upon the obligor at the same time as service of the support order or, if the support order previously has been issued, shall send the notices to the obligor by regular mail at the last known address at the same time that it sends the notice described in division (D)(1)(b) of this section to the employer. The notification required of the obligor shall include a description of the nature of any new employment, the name and business address of any new employer, and any other information reasonably required by the court. No obligor shall fail to give the notification required by division (D)(1)(c) of this section.

(2)(a) If the court or the child support enforcement agency determines that the obligor is receiving workers' compensation payments, the court or agency may require the bureau of workers' compensation or the employer that has been granted the privilege of paying compensation directly and that is paying workers' compensation benefits to the obligor to withhold from the obligor's workers' compensation payments a specified amount for support in satisfaction of the support order, to begin the withholding no later than the date of the first payment that occurs after fourteen working days following the date the notice was mailed to the bureau or employer under divisions (A)(2) or (B) and (D)(2)(b) of this section, to send the amount withheld to the child support enforcement agency designated for that county pursuant to section 2301.35 of the Revised Code, to send that amount to the agency immediately but not later than ten days after the date the payment is made to the obligor, to provide the date on which the amount was withheld, and to continue the withholding at intervals specified in the notice until further notice from the court or agency. To the extent possible, the amount specified in the notice to be withheld shall satisfy the amount ordered for support in the support order plus any arrearages that may be owed by the obligor under any prior support order that pertained to the same child or spouse, notwithstanding the limitations of section 4123.67 of the Revised Code. However, in no case shall the sum of the amount specified in the notice to be withheld and any fee withheld by an employer as a charge for its services exceed the maximum amount permitted under section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b).

(b) If the court or agency imposes a withholding requirement under division (D)(2)(a) of this section, it, within the applicable period of time specified in division (A), (B), or (C) of this section, shall send to the bureau of workers' compensation or the employer that is paying the obligor's workers' compensation benefits by regular mail a notice that contains all of the information set forth in divisions (D)(2)(b)(i) to (x) of this section. The notice is final and is enforceable by the court. The notice shall contain all of the following:

(i) The amount to be withheld from the obligor's worker's compensation payments and a statement that the amount actually withheld for support and other purposes, including the fee described in division (D)(2)(b)(x) of this section, if applicable, shall not be in excess of the maximum amounts permitted under section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b);

(ii) A statement that the bureau or employer is required to send the amount withheld to the child support enforcement agency immediately, but not later than ten working days, after the payment is made to the obligor and is required to report to the agency the date on which the amount was withheld from the obligor's payments;

(iii) A statement that the withholding is binding upon the bureau or employer until further notice from the court or agency;

(iv) If the notice is sent to an employer who is paying the obligor's worker's compensation benefits, a statement that, if the employer fails to withhold from the obligor's worker's compensation payments in accordance with the provisions of the notice, the employer is liable for the accumulated amount the employer should have withheld from the obligor's payments;

(v) A statement that the withholding in accordance with the notice and under the provisions of this section has priority over any other legal process under the law of this state against the same payment of benefits;

(vi) The date on which the notice was mailed and a statement that the bureau or employer is required to implement the withholding no later than the date of the first payment that occurs after fourteen working days following the date the notice was mailed and is required to continue the withholding at the intervals specified in the notice;

(vii) A requirement that the bureau or employer promptly notify the child support enforcement agency, in writing, within ten working days after the date of any termination of the obligor's workers' compensation benefits;

(viii) A requirement that the bureau or employer include in all notices the obligor's last known mailing address, last known residence address, and social security number;

(ix) A requirement that, no later than the earlier of forty-five days before the lump-sum payment is to be made or, if the obligor's right to the lump-sum payment is determined less than forty-five days before it is to be made, the date on which that determination is made, the bureau or employer notify the child support enforcement agency of any lump-sum payment of any kind of five hundred dollars or more that is to be paid to the obligor, hold the lump-sum payment for thirty days after the date on which the lump-sum payment otherwise would be paid to the obligor, and, upon order of the court, pay any specified amount of the lump-sum payment to the agency.

(x) If the notice is sent to an employer who is paying the obligor's workers' compensation benefits, a statement that, in addition to the amount withheld for support, the employer may withhold a fee from the obligor's benefits as a charge for its services in complying with the notice and a specification of the amount that may be withheld.

(c) The court or agency shall send the notice described in division (D)(2)(b) of this section to the obligor and shall attach to the notice an additional notice requiring the obligor to immediately notify the child support enforcement agency, in writing, of any change in the obligor's workers' compensation payments, of the obligor's commencement of employment, including self-employment, and of the availability of any other sources of income that can be the subject of any withholding or deduction requirement described in division (D) of this section. The court or agency shall serve the notices upon the obligor at the same time as service of the support order or, if the support order previously has been issued, shall send the notices to the obligor by regular mail at the obligor's last known address at the same time that it sends the notice described in division (D)(2)(b) of this section to the bureau or employer. The additional notice also shall notify the obligor that upon commencement of employment the obligor may request the court or the child support enforcement agency to cancel its workers' compensation payment withholding notice and instead issue a notice requiring the withholding of an amount from the obligor's personal earnings for support in accordance with division (D)(1) of this section and that upon commencement of employment the court may cancel its workers' compensation payment withholding notice and instead will issue a notice requiring the withholding of an amount from the obligor's personal earnings for support in accordance with division (D)(1) of this section. The notification required of the obligor shall include a description of the nature of any new employment, the name and business address of any new employer, and any other information reasonably required by the court.

(3)(a) If the court or child support enforcement agency determines that the obligor is receiving any pension, annuity, allowance, or other benefit or is to receive or has received a warrant refunding the individual account from the public employees retirement system, a municipal retirement system established subject to sections 145.01 to 145.58 of the Revised Code, the police and firemen's disability and pension fund, the state teachers retirement system, the school employees retirement system, or the state highway patrol retirement system, the court or agency may require the public employees retirement board, the board, board of trustees, or other governing entity of any municipal retirement system, the board of trustees of the police and firemen's disability and pension fund, the state teachers retirement board, the school employees retirement board, or the state highway patrol retirement board to withhold from the obligor's pension, annuity, allowance, other benefit, or warrant a specified amount for support in satisfaction of the support order, to begin the withholding no later than the date of the first payment that occurs after fourteen working days following the date the notice was mailed to the board, board of trustees, or other entity under divisions (A)(2) or (B) and (D)(3)(b) of this section, to send the amount withheld to the child support enforcement agency designated for that county pursuant to section 2301.35 of the Revised Code, to send that amount to the agency immediately but not later than ten days after the date the payment is made to the obligor, to provide the date on which the amount was withheld, and to continue the withholding at intervals specified in the notice until further notice from the court or agency. To the extent possible, the amount specified in the notice to be withheld shall satisfy the amount ordered for support in the support order plus any arrearages that may be owed by the obligor under any prior support order that pertained to the same child or spouse, notwithstanding the limitations of sections 2329.66, 2329.70, and 2716.13 of the Revised Code. However, in no case shall the sum of the amount specified in the notice to be withheld and any fee withheld by the board, board of trustees, or other entity as a charge for its services exceed the maximum amount permitted under section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b).

(b) If the court or agency imposes a withholding requirement under division (D)(3)(a) of this section, it, within the applicable period of time specified in division (A), (B), or (C) of this section, shall send to the board, board of trustees, or other entity by regular mail a notice that contains all of the information set forth in divisions (D)(3)(b)(i) to (ix) of this section. The notice is final and is enforceable by the court. The notice shall contain all of the following:

(i) The amount to be withheld from the obligor's pension, annuity, allowance, other benefit, or warrant and a statement that the amount actually withheld for support and other purposes, including the fee described in division (D)(3)(b)(ix) of this section, shall not be in excess of the maximum amounts permitted under section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b);

(ii) A statement that the board, board of trustees, or other entity is required to send the amount withheld to the child support enforcement agency immediately, but not later than ten working days, after the payment is made to the obligor and is required to report to the agency the date on which the amount was withheld from the obligor's payments;

(iii) A statement that the withholding is binding upon the board, board of trustees, or other entity until further notice from the court or agency;

(iv) A statement that the withholding in accordance with the notice and under the provisions of this section has priority over any other legal process under the law of this state against the same payment of the pension, annuity, allowance, other benefit, or warrant;

(v) The date on which the notice was mailed and a statement that the board, board of trustees, or other entity is required to implement the withholding no later than the date of the first payment that occurs after fourteen working days following the date the notice was mailed and is required to continue the withholding at the intervals specified in the notice;

(vi) A requirement that the board, board of trustees, or other entity promptly notify the child support enforcement agency, in writing, within ten working days after the date of any termination of the obligor's pension, annuity, allowance, or other benefit;

(vii) A requirement that the board, board of trustees, or other entity include in all notices the obligor's last known mailing address, last known residence address, and social security number;

(viii) A requirement that, no later than the earlier of forty-five days before the lump-sum payment is to be made or, if the obligor's right to the lump-sum payment is determined less than forty-five days before it is to be made, the date on which that determination is made, the board, board of trustees, or other entity notify the child support enforcement agency of any lump-sum payment of any kind of five hundred dollars or more that is to be paid to the obligor, hold the lump-sum payment for thirty days after the date on which the lump-sum payment would otherwise be paid to the obligor, if the lump-sum payments are lump-sum payments of retirement benefits or contributions, and, upon order of the court, pay any specified amount of the lump-sum payment to the agency.

(ix) A statement that, in addition to the amount withheld for support, the board, board of trustees, or other entity may withhold a fee from the obligor's pension, annuity, allowance, other benefit, or warrant as a charge for its services in complying with the notice and a specification of the amount that may be withheld.

(c) The court or agency shall send the notice described in division (D)(3)(b) of this section to the obligor and shall attach to the notice an additional notice requiring the obligor immediately to notify the child support enforcement agency, in writing, of any change in pension, annuity, allowance, or other benefit, of the commencement of employment, including self-employment, and of the availability of any other sources of income that can be the subject of any withholding or deduction requirement described in division (D) of this section. The court or agency shall serve the notices upon the obligor at the same time as service of the support order or, if the support order previously has been issued, shall send the notices to the obligor by regular mail at the last known address at the same time that it sends the notice described in division (D)(3)(b) of this section to the board, board of trustees, or other entity. The additional notice also shall specify that upon commencement of employment the obligor may request the court or the child support enforcement agency to issue a notice requiring the withholding of an amount from personal earnings for support in accordance with division (D)(1) of this section and that upon commencement of employment the court may cancel its withholding notice under division (D)(3)(b) of this section and instead will issue a notice requiring the withholding of an amount from personal earnings for support in accordance with division (D)(1) of this section. The notification required of the obligor shall include a description of the nature of any new employment, the name and business address of any new employer, and any other information reasonably required by the court.

(4)(a) If the court or child support enforcement agency determines that the obligor is receiving any form of income, including, but not limited to, disability or sick pay, insurance proceeds, lottery prize awards, federal, state, or local government benefits to the extent that the benefits can be withheld or deducted under any law governing the benefits, any form of trust fund or endowment fund, vacation pay, commissions and draws against commissions that are paid on a regular basis, bonuses or profit-sharing payments or distributions, or any lump-sum payments, the court or agency may require the person who pays or otherwise distributes the income to the obligor to withhold from the obligor's income a specified amount for support in satisfaction of the support order, to begin the withholding no later than the date of the first payment that occurs after fourteen working days following the date the notice was mailed to the person paying or otherwise distributing the obligor's income under divisions (A)(2) or (B) and (D)(4)(b) of this section, to send the amount withheld to the child support enforcement agency designated for that county pursuant to section 2301.35 of the Revised Code, to send that amount to the agency immediately but not later than ten days after the date the payment is made to the obligor, to provide the date on which the amount was withheld, and to continue the withholding at intervals specified in the notice until further notice from the court or agency. To the extent possible, the amount specified in the notice to be withheld shall satisfy the amount ordered for support in the support order plus any arrearages that may be owed by the obligor under any prior support order that pertained to the same child or spouse, notwithstanding the limitations of sections 2329.66, 2329.70, and 2716.13 of the Revised Code. However, in no case shall the sum of the amount specified in the notice to be withheld and any fee withheld by the person paying or otherwise distributing the obligor's income as a charge for its services exceed the maximum amount permitted under section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b).

(b) If the court or agency imposes a withholding requirement under division (D)(4)(a) of this section, it, within the applicable period of time specified in division (A), (B), or (C) of this section, shall send to the person paying or otherwise distributing the obligor's income by regular mail a notice that contains all of the information set forth in divisions (D)(4)(b)(i) to (ix) of this section. The notice is final and is enforceable by the court. The notice shall contain all of the following:

(i) The amount to be withheld from the obligor's income and a statement that the amount actually withheld for support and other purposes, including the fee described in division (D)(4)(b)(ix) of this section, shall not be in excess of the maximum amounts permitted under section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b);

(ii) A statement that the person paying or otherwise distributing the obligor's income is required to send the amount withheld to the child support enforcement agency immediately, but not later than ten working days, after the payment is made to the obligor and is required to report to the agency the date on which the amount was withheld from the obligor's payments;

(iii) A statement that the withholding is binding upon the person paying or otherwise distributing the obligor's income until further notice from the court or agency;

(iv) A statement that the withholding in accordance with the notice and under the provisions of this section has priority over any other legal process under the law of this state against the same payment of the income;

(v) A statement that the person paying or otherwise distributing the obligor's income is required to implement the withholding no later than the date of the first payment that occurs after fourteen working days following the date the notice was mailed and is required to continue the withholding at the intervals specified in the notice;

(vi) A requirement that the person paying or otherwise distributing the obligor's income promptly notify the child support enforcement agency, in writing, within ten days after the date of any termination of the obligor's income;

(vii) A requirement that the person paying or otherwise distributing the obligor's income include in all notices the obligor's last known mailing address, last known residence address, and social security number;

(viii) A requirement that, no later than the earlier of forty-five days before the lump-sum payment is to be made or, if the obligor's right to the lump-sum payment is determined less than forty-five days before it is to be made, the date on which that determination is made, the person paying or otherwise distributing the obligor's income notify the child support enforcement agency of any lump-sum payment of any kind of five hundred dollars or more that is to be paid to the obligor, hold the lump-sum payment for thirty days after the date on which the lump-sum payment would otherwise be paid to the obligor, if the lump-sum payment is sick pay, lump-sum payment of retirement benefits or contributions, or profit-sharing payments or distributions, and, upon order of the court, pay any specified amount of the lump-sum payment to the child support enforcement agency.

(ix) A statement that, in addition to the amount withheld for support, the person paying or otherwise distributing the obligor's income may withhold a fee from the obligor's income as a charge for its services in complying with the order and a specification of the amount that may be withheld.

(c) The court or agency shall send the notice described in division (D)(4)(b) of this section to the obligor and shall attach to the notice an additional notice requiring the obligor immediately to notify the child support enforcement agency, in writing, of any change in income to which the withholding notice applies, of the commencement of employment, including self-employment, and of the availability of any other sources of income that can be the subject of any withholding or deduction requirement described in division (D) of this section. The court or agency shall serve the notices upon the obligor at the same time as service of the support order or, if the support order previously has been issued, shall send the notices to the obligor by regular mail at the last known address at the same time that it sends the notice described in division (D)(4)(b) of this section to the person paying or otherwise distributing the obligor's income. The additional notice also shall specify that upon commencement of employment the obligor may request the court or child support enforcement agency to issue a notice requiring the withholding of an amount from the obligor's personal earnings for support in accordance with division (D)(1) of this section and that upon commencement of employment the court may cancel its withholding notice under division (D)(4)(b) of this section and instead will issue a notice requiring the withholding of an amount from personal earnings for support in accordance with division (D)(1) of this section. The notification required of the obligor shall include a description of the nature of any new employment, the name and business address of any new employer, and any other information reasonably required by the court.

(5)(a) If the court or child support enforcement agency determines that the obligor has funds on deposit in any account in a financial institution under the jurisdiction of the court, the court or agency may require any financial institution in which the obligor's funds are on deposit to deduct from the obligor's account a specified amount for support in satisfaction of the support order, to begin the deduction no later than fourteen working days following the date the notice was mailed to the financial institution under divisions (A)(2) or (B) and (D)(5)(b) of this section, to send the amount deducted to the child support enforcement agency designated for that county pursuant to section 2301.35 of the Revised Code, to send that amount to the agency immediately but not later than ten days after the date the latest deduction was made, to provide the date on which the amount was deducted, and to continue the deduction at intervals specified in the notice until further notice from the court or agency. To the extent possible, the amount specified in the notice to be deducted shall satisfy the amount ordered for support in the support order plus any arrearages that may be owed by the obligor under any prior support order that pertained to the same child or spouse, notwithstanding the limitations of sections 2329.66, 2329.70, and 2716.13 of the Revised Code. However, in no case shall the sum of the amount specified in the notice to be deducted and the fee deducted by the financial institution as a charge for its services exceed the maximum amount permitted under section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b).

(b) If the court or agency imposes a withholding requirement under division (D)(5)(a) of this section, it, within the applicable period of time specified in division (A), (B), or (C) of this section, shall send to the financial institution by regular mail a notice that contains all of the information set forth in divisions (D)(5)(b)(i) to (viii) of this section. The notice is final and is enforceable by the court. The notice shall contain all of the following:

(i) The amount to be deducted from the obligor's account and a statement that the amount actually deducted for support and other purposes, including the fee described in division (D)(5)(b)(viii) of this section, shall not be in excess of the maximum amounts permitted under section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b);

(ii) A statement that the financial institution is required to send the amount deducted to the child support enforcement agency immediately, but not later than ten working days, after the date the last deduction was made and is required to report to the agency the date on which the amount was deducted from the obligor's account;

(iii) A statement that the deduction is binding upon the financial institution until further notice from the court or agency;

(iv) A statement that the withholding in accordance with the notice and under the provisions of this section has priority over any other legal process under the law of this state against the same account;

(v) The date on which the notice was mailed and a statement that the financial institution is required to implement the deduction no later than fourteen working days following the date the notice was mailed and is required to continue the deduction at the intervals specified in the notice;

(vi) A requirement that the financial institution promptly notify the child support enforcement agency, in writing, within ten days after the date of any termination of the account from which the deduction is being made and notify the agency, in writing, of the opening of a new account at that financial institution, the account number of the new account, the name of any other known financial institutions in which the obligor has any accounts, and the numbers of those accounts;

(vii) A requirement that the financial institution include in all notices the obligor's last known mailing address, last known residence address, and social security number;

(viii) A statement that, in addition to the amount deducted for support, the financial institution may deduct a fee from the obligor's account as a charge for its services in complying with the notice and a specification of the amount that may be deducted.

(c) The court or agency shall send the notice described in division (D)(5)(b) of this section to the obligor and shall attach to the notice an additional notice requiring the obligor immediately to notify the child support enforcement agency, in writing, of any change in the status of the account from which the amount of support is being deducted or the opening of a new account with any financial institution, of commencement of employment, including self-employment, or of the availability of any other sources of income that can be the subject of any withholding or deduction requirement described in division (D) of this section. The court or agency shall serve the notices upon the obligor at the same time as service of the support order or, if the support order previously has been issued, shall send the notices to the obligor by regular mail at the last known address at the same time that it sends the notice described in division (D)(5)(b) of this section to the financial institution. The additional notice also shall specify that upon commencement of employment, the obligor may request the court or child support enforcement agency to cancel its financial institution account deduction notice and instead issue a notice requiring the withholding of an amount from personal earnings for support in accordance with division (D)(1) of this section and that upon commencement of employment the court may cancel its financial institution account deduction notice under division (D)(5)(b) of this section and instead will issue a notice requiring the withholding of an amount from personal earnings for support in accordance with division (D)(1) of this section. The notification required of the obligor shall include a description of the nature of any new accounts opened at a financial institution under the jurisdiction of the court, the name and business address of that financial institution, a description of the nature of any new employment, the name and business address of any new employer, and any other information reasonably required by the court.

(6) The court may issue an order requiring the obligor to enter into a cash bond with the court. The court shall issue the order as part of the support order or, if the support order previously has been issued, as a separate order. Any cash bond so required shall be in a sum fixed by the court at not less than five hundred nor more than ten thousand dollars, conditioned that the obligor will make payment as previously ordered and will pay any arrearages under any prior support order that pertained to the same child or spouse. The order, along with an additional order requiring the obligor to immediately notify the child support enforcement agency, in writing, of commencement of employment, including self-employment, shall be attached to, and shall be served upon the obligor at the same time as service of, the support order or, if the support order previously has been issued, as soon as possible after the issuance of the order under this division. The additional order also shall specify that upon commencement of employment the obligor may request the court to cancel its bond order and instead issue a notice requiring the withholding of an amount from personal earnings for support in accordance with division (D)(1) of this section and that upon commencement of employment the court will proceed to collect on the bond, if the court determines that payments due under the support order have not been made and that the amount that has not been paid is at least equal to the support owed for one month under the support order, and will issue a notice requiring the withholding of an amount from personal earnings for support in accordance with division (D)(1) of this section. The notification required of the obligor shall include a description of the nature of any new employment, the name and business address of any new employer, and any other information reasonably required by the court.

The court shall not order an obligor to post a cash bond under this division unless the court determines that the obligor has the ability to do so. A child support enforcement agency shall not issue an order of the type described in this division. If a child support enforcement agency is required to issue a withholding or deduction notice under division (D) of this section but the agency determines that no notice of the type described in division (D)(1) to (5) of this section would be appropriate, the agency may request the court to issue a court order under this division, and, upon the request, the court may issue an order as described in this division.

(7) If the obligor is unemployed, has no income, and does not have an account at any financial institution, the court shall issue an order requiring the obligor to seek employment if the obligor is able to engage in employment and immediately to notify the child support enforcement agency upon obtaining employment, upon obtaining any income, or upon obtaining ownership of any asset with a value of five hundred dollars or more. The court shall issue the notice as part of the support order or, if the support order previously has been issued, as a separate notice. A child support enforcement agency shall not issue a notice of the type described in this division. If a child support enforcement agency is required to issue a withholding or deduction notice under division (D) of this section but the agency determines that no notice of the type described in division (D)(1) to (5) of this section would be appropriate, the agency may request the court to issue a court order under this division, and, upon the request, the court may issue an order as described in this division.

(E) If a court or child support enforcement agency is required under division (A), (B), or (C) of this section or any other section of the Revised Code to issue one or more notices or court orders described in division (D) of this section, the court or agency to the extent possible shall issue a sufficient number of notices or court orders under division (D) of this section to provide that the aggregate amount withheld or deducted under those notices or court orders satisfies the amount ordered for support in the support order plus any arrearages that may be owed by the obligor under any prior support order that pertained to the same child or spouse, notwithstanding the limitations of sections 2329.66, 2329.70, 2716.13, and 4123.67 of the Revised Code. However, in no case shall the aggregate amount withheld or deducted and any fees withheld or deducted as a charge for services exceed the maximum amount permitted under section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b).

(F)(1) Any withholding or deduction requirement that is contained in a notice described in division (D) of this section and that is required to be issued by division (A), (B), or (C) of this section or any other section of the Revised Code has priority over any order of attachment, any order in aid of execution, and any other legal process issued under state law against the same earnings, payments, or account.

(2) When two or more withholding or deduction notices that are described in division (D) of this section and that are required to be issued by division (A), (B), or (C) of this section or any other section of the Revised Code are received by an employer, the bureau of workers' compensation, an employer that is paying more than one person's workers' compensation benefits, the public employees retirement board, the board, board of trustees, or other governing entity of any municipal retirement system, the board of trustees of the police and firemen's disability and pension fund, the state teachers retirement board, the school employees retirement board, the state highway patrol retirement board, a person paying or otherwise distributing income for more than one obligor, or a financial institution, the employer, bureau of workers' compensation, employer paying workers' compensation benefits, board, board of trustees, or other governing entity of a retirement system, person paying or distributing income to an obligor, or financial institution shall comply with all of the requirements contained in the notices to the extent that the total amount withheld from the obligor's personal earnings, payments, pensions, annuities, allowances, benefits, other sources of income, or savings does not exceed the maximum amount permitted under section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b), withhold or deduct amounts in accordance with the allocation set forth in divisions (F)(2)(a) and (b) of this section, notify each court or child support enforcement agency that issued one of the notices of the allocation, and give priority to amounts designated in each notice as current support in the following manner:

(a) If the total of the amounts designated in the notices as current support exceeds the amount available for withholding under section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b), the employer, bureau of workers' compensation, employer paying workers' compensation benefits, board, board of trustees, or other governing entity of a municipal retirement system, person paying or distributing income to an obligor, or financial institution shall allocate to each notice an amount for current support equal to the amount designated in that notice as current support multiplied by a fraction in which the numerator is the amount of personal earnings, payments, pensions, annuities, allowances, benefits, other sources of income, or savings available for withholding and the denominator is the total amount designated in all of the notices as current support.

(b) If the total of the amounts designated in the notices as current support does not exceed the amount available for withholding under section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b), the persons and entities listed in division (F)(2)(a) of this section shall pay all of the amounts designated as current support in the notices and shall allocate to each notice an amount for past-due support equal to the amount designated in that notice as past-due support multiplied by a fraction in which the numerator is the amount of personal earnings, payments, pensions, annuities, allowances, benefits, other sources of income, or savings remaining available for withholding after the payment of current support and the denominator is the total amount designated in all of the notices as past-due support.

(G)(1) Except when a provision specifically authorizes or requires service other than as described in this division, service of any notice on any party, the bureau of workers' compensation, an employer that is paying a person's workers' compensation benefits, the public employees retirement board, the board, board of trustees, or other governing entity of any municipal retirement system, the board of trustees of the police and firemen's disability and pension fund, the state teachers retirement board, the school employees retirement board, the state highway patrol retirement board, a person paying or otherwise distributing an obligor's income, a financial institution, or an employer, for purposes of division (A), (B), (C), or (D) of this section, may be made by personal service or ordinary first class mail directed to the addressee at the last known address, or, in the case of a corporation, at its usual place of doing business. Any service of notice by ordinary first class mail shall be evidenced by a certificate of mailing filed with the clerk of the court.

(2) Each party to a support order shall notify the child support enforcement agency of the party's current mailing address and current residence address at the time of the issuance or modification of the order and, until further notice of the court that issues the order, shall notify the agency of any change in either address immediately after the change occurs. Any willful failure to comply with this division is contempt of court. No person shall fail to give the notice required by division (G)(2) of this section.

(3) Each support order, or modification of a support order, that is subject to this section shall contain a statement requiring each party to the order to notify the child support enforcement agency in writing of the party's current mailing address, the party's current residence address, and of any changes in either address and a notice that the requirement to notify the agency of all changes in either address continues until further notice from the court and that a willful failure to supply a correct mailing address or residence address or to provide the agency with all changes in either address is contempt of court.

(4)(a) The parent who is the residential parent and legal custodian of a child for whom FOR PURPOSES OF RECEIVING CHILD SUPPORT UNDER a support order is issued or the person who otherwise has custody of a child for whom a support order is issued immediately shall notify, and the obligor under a support order may notify, the child support enforcement agency of any reason for which the support order should terminate, including, but not limited to, death, marriage, emancipation, enlistment in the armed services, deportation, or change of legal or physical custody of the child. A willful failure to notify the child support enforcement agency as required by this division is contempt of court. Upon receipt of a notice pursuant to this division, the agency immediately shall conduct an investigation to determine if any reason exists for which the support order should terminate. If the agency so determines, it immediately shall notify the court that issued the support order of the reason for which the support order should terminate.

(b) Upon receipt of a notice given pursuant to division (G)(4)(a) of this section, the court shall impound any funds received for the child pursuant to the support order and set the case for a hearing for a determination of whether the support order should be terminated or modified or whether the court should take any other appropriate action.

(c) If the court terminates a support order pursuant to divisions (G)(4)(a) and (b) of this section, the termination of the support order also terminates any withholding or deduction order as described in division (D) or (H) of this section that was issued relative to the support order prior to December 31, 1993, and any withholding or deduction notice as described in division (D) or court order as described in division (D)(6), (D)(7), or (H) of this section that was issued relative to the support order on or after December 31, 1993. Upon the termination of any withholding or deduction order or any withholding or deduction notice, the court immediately shall notify the appropriate child support enforcement agency that the order or notice has been terminated, and the agency immediately shall notify each employer, financial institution, or other person or entity that was required to withhold or deduct a sum of money for the payment of support under the terminated withholding or deduction order or the terminated withholding or deduction notice that the order or notice has been terminated and that it is required to cease all withholding or deduction under the order or notice.

(d) The department of human services shall adopt rules that provide for both of the following:

(i) The return to the appropriate person of any funds that a court has impounded under division (G)(4)(b) of this section if the support order under which the funds were paid has been terminated pursuant to divisions (G)(4)(a) and (b) of this section;

(ii) The return to the appropriate person of any other payments made pursuant to a support order if the payments were made at any time after the support order under which the funds were paid has been terminated pursuant to divisions (G)(4)(a) and (b) of this section.

(5) If any party to a support order requests a modification of the order or if any obligee under a support order or any person on behalf of the obligee files any action to enforce a support order, the court shall notify the child support enforcement agency that is administering the support order or that will administer the order after the court's determination of the request or the action, of the request or the filing.

(6) When a child support enforcement agency receives any notice under division (G) of section 2151.23, section 2301.37, division (E) of section 3105.18, division (C) of section 3105.21, division (A) of section 3109.05, division (F) of section 3111.13, division (B) of section 3113.04, section 3113.21, section 3113.211, section 3113.212, division (K) of section 3113.31, or division (D) of section 3115.22 of the Revised Code, it shall issue the most appropriate notices under division (D) of this section. Additionally, it shall do all of the following:

(a) If the obligor is subject to a withholding notice issued under division (D)(1) of this section and the notice relates to the obligor's change of employment, send a withholding notice under that division to the new employer of the obligor as soon as the agency obtains knowledge of that employer;

(b) If the notification received by the agency specifies that a lump-sum payment of five hundred dollars or more is to be paid to the obligor, notify the court of the receipt of the notice and its contents;

(c) Comply with section 3113.212 of the Revised Code, as appropriate.

(H)(1)(a) For purposes of division (D)(1) of this section, when a person who fails to comply with a support order that is subject to that division derives income from self-employment or commission, is employed by an employer not subject to the jurisdiction of the court, or is in any other employment situation that makes the application of that division impracticable, the court may require the person to enter into a cash bond to the court in a sum fixed by the court at not less than five hundred nor more than ten thousand dollars, conditioned that the person will make payment as previously ordered.

(b) When a court determines at a hearing conducted under division (B) of this section, or a child support enforcement agency determines at a hearing or pursuant to an investigation conducted under division (B) of this section, that the obligor under the order in relation to which the hearing or investigation is conducted is unemployed and has no other source of income and no assets so that the application of divisions (B) and (D) of this section would be impracticable, the court shall issue an order as described in division (D)(7) of this section and shall order the obligor to notify the child support enforcement agency in writing immediately upon commencement of employment, including self-employment, of the receipt of workers' compensation payments, of the receipt of any other source of income, or of the opening of an account in a financial institution, and to include in the notification a description of the nature of the employment, the name and business address of the employer, and any other information reasonably required by the court.

(2) When a court determines, at a hearing conducted under division (C)(2) of this section, that an obligor is unemployed, is not receiving workers' compensation payments, does not have an account in a financial institution, and has no other source of income and no assets so that the application of divisions (C)(2) and (D) of this section would be impracticable, the court shall issue an order as described in division (D)(7) of this section and shall order the obligor to notify the child support enforcement agency, in writing, immediately upon commencement of employment, including self-employment, of the receipt of workers' compensation payments, of the receipt of any other source of income, or of the opening of an account in a financial institution, and to include in the notification a description of the nature of the employment, the name and business address of the employer or the name and address of the financial institution, and any other information reasonably required by the court.

(3)(a) Upon receipt of a notice from a child support enforcement agency under division (G)(6) of this section that a lump-sum payment of five hundred dollars or more is to be paid to the obligor, the court shall do either of the following:

(i) If the obligor is in default under the support order or has any unpaid arrearages under the support order, issue an order requiring the transmittal of the lump-sum payment to the child support enforcement agency.

(ii) If the obligor is not in default under the support order and does not have any unpaid arrearages under the support order, issue an order directing the person who gave the notice to the court to immediately pay the full amount of the lump-sum payment to the obligor.

(b) Upon receipt of any moneys pursuant to division (H)(3)(a) of this section, a child support enforcement agency shall pay the amount of the lump-sum payment that is necessary to discharge all of the obligor's arrearages to the obligee and, within two business days after its receipt of the money, any amount that is remaining after the payment of the arrearages to the obligor.

(c) Any court that issued an order prior to December 1, 1986, requiring an employer to withhold an amount from an obligor's personal earnings for the payment of support shall issue a supplemental order that does not change the original order or the related support order requiring the employer to do all of the following:

(i) No later than the earlier of forty-five days before a lump-sum payment is to be made or, if the obligor's right to a lump-sum payment is determined less than forty-five days before it is to be made, the date on which that determination is made, notify the child support enforcement agency of any lump-sum payment of any kind of five hundred dollars or more that is to be paid to the obligor;

(ii) Hold the lump-sum payment for thirty days after the date on which it would otherwise be paid to the obligor, if the lump-sum payment is sick pay, a lump-sum payment of retirement benefits or contributions, or profit-sharing payments or distributions;

(iii) Upon order of the court, pay any specified amount of the lump-sum payment to the child support enforcement agency.

(d) If an employer knowingly fails to notify the child support enforcement agency in accordance with division (D) of this section of any lump-sum payment to be made to an obligor, the employer is liable for any support payment not made to the obligee as a result of its knowing failure to give the notice as required by that division.

(I)(1) Any support order, or modification of a support order, that is subject to this section shall contain the date of birth and social security number of the obligor.

(2) No withholding or deduction notice described in division (D) or court order described in division (D)(6) or (7) of this section shall contain any information other than the information specifically required by division (A), (B), (C), or (D) of this section or by any other section of the Revised Code and any additional information that the issuing court determines may be necessary to comply with the notice.

(J) No withholding or deduction notice described in division (D) or court order described in division (D)(6) or (7) of this section and issued under division (A), (B), or (C) of this section or any other section of the Revised Code shall be terminated solely because the obligor pays any part or all of the arrearages under the support order.

(K)(1) Except as provided in division (K)(2) of this section and section 2301.42 of the Revised Code and the rules adopted pursuant to division (C) of that section, if child support arrearages are owed by an obligor to the obligee and to the department of human services, any payments received on the arrearages by the child support enforcement agency first shall be paid to the obligee until the arrearages owed to the obligee are paid in full.

(2) Division (K)(1) of this section does not apply to the collection of past-due child support from refunds of paid federal taxes pursuant to section 5101.32 of the Revised Code or of overdue child support from refunds of paid state income taxes pursuant to sections 5101.321 and 5747.121 of the Revised Code.

(L)(1) Each court with jurisdiction to issue support orders shall establish rules of court to ensure that the following percentage of all actions to establish a support requirement or to modify a previously issued support order be completed within the following time limits:

(a) Ninety per cent of all of the actions shall be completed within three months after they were initially filed;

(b) Ninety-eight per cent of all of the actions shall be completed within six months after they were initially filed;

(c) One hundred per cent of all of the actions shall be completed within twelve months after they were initially filed.

(2) If a case involves complex legal issues requiring full judicial review, the court shall issue a temporary support order within the time limits set forth in division (L)(1) of this section, which temporary order shall be in effect until a final support order is issued in the case. All cases in which the imposition of a notice or order under division (D) of this section is contested shall be completed within the period of time specified by law for completion of the case. The failure of a court to complete a case within the required period does not affect the ability of any court to issue any order under this section or any other section of the Revised Code for the payment of support, does not provide any defense to any order for the payment of support that is issued under this section or any other section of the Revised Code, and does not affect any obligation to pay support.

(3)(a) In any Title IV-D case, the judge, when necessary to satisfy the federal requirement of expedited process for obtaining and enforcing support orders, shall appoint referees to make findings of fact and recommendations for the judge's approval in the case. All referees appointed pursuant to this division shall be attorneys admitted to the practice of law in this state. If the court appoints a referee pursuant to this division, the court may appoint any additional administrative and support personnel for the referee.

(b) Any referee appointed pursuant to division (L)(3)(a) of this section may perform any of the following functions:

(i) The taking of testimony and keeping of a record in the case;

(ii) The evaluation of evidence and the issuance of recommendations to establish, modify, and enforce support orders;

(iii) The acceptance of voluntary acknowledgments of support liability and stipulated agreements setting the amount of support to be paid;

(iv) The entering of default orders if the obligor does not respond to notices in the case within a reasonable time after the notices are issued;

(v) Any other functions considered necessary by the court.

(4) The child support enforcement agency may conduct administrative reviews of support orders to obtain voluntary notices or court orders under division (D) of this section and to correct any errors in the amount of any arrearages owed by an obligor. The obligor and the obligee shall be notified of the time, date, and location of the administrative review at least fourteen days before it is held.

(M)(1) The termination of a support obligation or a support order does not abate the power of any court to collect overdue and unpaid support or to punish any person for a failure to comply with an order of the court or to pay any support as ordered in the terminated support order and does not abate the authority of a child support enforcement agency to issue, in accordance with this section, any notice described in division (D) of this section or of a court to issue, in accordance with this section, any court order as described in division (D)(6) or (7) of this section, to collect any support due or arrearage under the support order.

(2) Any court that has the authority to issue a support order shall have all powers necessary to enforce that support order, and all other powers, set forth in this section.

(3) Except as provided in division (M)(4) of this section, a court may not retroactively modify an obligor's duty to pay a delinquent support payment.

(4) A court with jurisdiction over a support order may modify an obligor's duty to pay a support payment that becomes due after notice of a petition to modify the support order has been given to each obligee and to the obligor before a final order concerning the petition for modification is entered.

(N) If an obligor is in default under a support order and has a claim against another person of more than one thousand dollars, the obligor shall notify the child support enforcement agency of the claim, the nature of the claim, and the name of the person against whom the claim exists. If an obligor is in default under a support order and has a claim against another person or is a party in an action for any judgment, the child support enforcement agency or the agency's attorney, on behalf of the obligor, immediately shall file with the court in which the action is pending a motion to intervene in the action or a creditor's bill. The motion to intervene shall be prepared and filed pursuant to Civil Rules 5 and 24(A) and (C).

Nothing in this division shall preclude an obligee from filing a motion to intervene in any action or a creditor's bill.

(O) If an obligor is receiving unemployment compensation benefits, an amount may be deducted from those benefits for purposes of child support, in accordance with section 2301.371 and division (D)(4) of section 4141.28 of the Revised Code. Any deduction from a source in accordance with those provisions is in addition to, and does not preclude, any withholding or deduction for purposes of support under divisions (A) to (N) of this section.

(P) As used in this section, and in sections 3113.211 to 3113.217 of the Revised Code:

(1) "Financial institution" means a bank, savings and loan association, or credit union, or a regulated investment company or mutual fund in which a person who is required to pay child support has funds on deposit that are not exempt under the law of this state or the United States from execution, attachment, or other legal process.

(2) "Title IV-D case" means any case in which the child support enforcement agency is enforcing the child support order pursuant to Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended.

(3) "Child support enforcement agency" means the child support enforcement agency designated pursuant to section 2301.35 of the Revised Code.

(4) "Obligor" means the person who is required to pay support under a support order.

(5) "Obligee" means the person who is entitled to receive the support payments under a support order.

(6) "Support order" means an order for the payment of support and, for orders issued or modified on or after December 31, 1993, includes any notices described in division (D) or (H) of this section that are issued in accordance with this section.

(7) "Support" means child support, spousal support, and support for a spouse or former spouse.

(8) "Personal earnings" means compensation paid or payable for personal services, however denominated, and includes, but is not limited to, wages, salary, commissions, bonuses, draws against commissions, profit sharing, and vacation pay.

(9) "Default" has the same meaning as in section 2301.34 of the Revised Code.

Sec. 3113.215. (A) As used in this section:

(1) "Income" means either of the following:

(a) For a parent who is employed to full capacity, the gross income of the parent;

(b) For a parent who is unemployed or underemployed, the sum of the gross income of the parent, and any potential income of the parent.

(2) "Gross income" means, except as excluded in this division, the total of all earned and unearned income from all sources during a calendar year, whether or not the income is taxable, and includes, but is not limited to, income from salaries, wages, overtime pay and bonuses to the extent described in division (B)(5)(d) of this section, commissions, royalties, tips, rents, dividends, severance pay, pensions, interest, trust income, annuities, social security benefits, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, benefits received by and in the possession of the veteran who is the beneficiary for any service-connected disability under a program or law administered by the United States department of veterans' affairs or veterans' administration, spousal support actually received from a person not a party to the support proceeding for which actual gross income is being determined, and all other sources of income; income of members of any branch of the United States armed services or national guard, including, but not limited to, amounts representing base pay, basic allowance for quarters, basic allowance for subsistence, supplemental subsistence allowance, cost of living adjustment, specialty pay, variable housing allowance, and pay for training or other types of required drills; self-generated income; and potential cash flow from any source.

"Gross income" does not include any benefits received from means-tested public assistance programs, including, but not limited to, aid to families with dependent children, supplemental security income, food stamps, or disability assistance, does not include any benefits for any service-connected disability under a program or law administered by the United States department of veterans' affairs or veterans' administration that have not been distributed to the veteran who is the beneficiary of the benefits and that are in the possession of the United States department of veterans' affairs or veterans' administration, does not include any child support received for children who were not born or adopted during the marriage at issue, does not include amounts paid for mandatory deductions from wages other than taxes, social security, or retirement in lieu of social security, including, but not limited to, union dues, and does not include nonrecurring or unsustainable income or cash flow items.

(3) "Self-generated income" means gross receipts received by a parent from self-employment, proprietorship of a business, joint ownership of a partnership or closely held corporation, and rents minus ordinary and necessary expenses incurred by the parent in generating the gross receipts. "Self-generated income" includes expense reimbursements or in-kind payments received by a parent from self-employment, the operation of a business, or rents, including, but not limited to, company cars, free housing, reimbursed meals, and other benefits, if the reimbursements are significant and reduce personal living expenses.

(4)(a) "Ordinary and necessary expenses incurred in generating gross receipts" means actual cash items expended by the parent or the parent's business and includes depreciation expenses of replacement business equipment as shown on the books of a business entity.

(b) Except as specifically included in "ordinary and necessary expenses incurred in generating gross receipts" by division (A)(4)(a) of this section, "ordinary and necessary expenses incurred in generating gross receipts" does not include depreciation expenses and other noncash items that are allowed as deductions on any federal tax return of the parent or the parent's business.

(5) "Potential income" means both of the following for a parent that the court, or a child support enforcement agency pursuant to sections 3111.20, 3111.21, and 3111.22 of the Revised Code, determines is voluntarily unemployed or voluntarily underemployed:

(a) Imputed income that the court or agency determines the parent would have earned if fully employed as determined from the parent's employment potential and probable earnings based on the parent's recent work history, the parent's occupational qualifications, and the prevailing job opportunities and salary levels in the community in which the parent resides;

(b) Imputed income from any nonincome-producing assets of a parent, as determined from the local passbook savings rate or another appropriate rate as determined by the court or agency, not to exceed the rate of interest specified in division (A) of section 1343.03 of the Revised Code, if the income is significant.

(6) "Child support order" means an order for the payment of child support.

(7) "Combined gross income" means the combined gross income of both parents.

(8) "Split parental rights PARENTING FUNCTIONS and responsibilities" means a situation in which there is more than one child who is the subject of an allocation of parental rights and responsibilities PURSUANT TO FORMER SECTION 3109.04 of the Revised Code OR AN ALLOCATION OF PARENTING FUNCTIONS AND RESPONSIBILITIES PURSUANT TO SECTIONS 3109.40 TO 3109.62 of the Revised Code and each parent is the residential parent and legal custodian of FOR PURPOSES OF RECEIVING CHILD SUPPORT FOR at least one of those children.

(9) "Schedule" means the basic child support schedule set forth in division (D) of this section.

(10) "Worksheet" means the applicable worksheet that is used to calculate a parent's child support obligation and that is set forth in divisions (E) and (F) of this section.

(11) "Nonrecurring or unsustainable income or cash flow item" means any income or cash flow item that the parent receives in any year or for any number of years not to exceed three years and that the parent does not expect to continue to receive on a regular basis. "Nonrecurring or unsustainable income or cash flow item" does not include a lottery prize award that is not paid in a lump sum or any other item of income or cash flow that the parent receives or expects to receive for each year for a period of more than three years or that the parent receives and invests or otherwise utilizes to produce income or cash flow for a period of more than three years.

(12) "Extraordinary medical expenses" means any uninsured medical expenses that are incurred for a child during a calendar year and that exceed one hundred dollars for that child during that calendar year.

(B)(1) In any action in which a child support order is issued or modified under Chapter 3115. or section 2151.23, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code, in any other proceeding in which the court determines the amount of child support that will be ordered to be paid pursuant to a child support order, or when a child support enforcement agency determines the amount of child support that will be paid pursuant to an administrative child support order issued pursuant to sections 3111.20, 3111.21, and 3111.22 of the Revised Code, the court or agency shall calculate the amount of the obligor's child support obligation in accordance with the basic child support schedule in division (D) of this section, the applicable worksheet in division (E) or (F) of this section, and the other provisions of this section, shall specify the support obligation as a monthly amount due, and shall order the support obligation to be paid in periodic increments as it determines to be in the best interest of the children. In performing its duties under this section, the court or agency is not required to accept any calculations in a worksheet prepared by any party to the action or proceeding. In any action or proceeding in which the court determines the amount of child support that will be ordered to be paid pursuant to a child support order or when a child support enforcement agency determines the amount of child support that will be paid pursuant to an administrative child support order issued pursuant to sections 3111.20, 3111.21, and 3111.22 of the Revised Code, the amount of child support that would be payable under a child support order, as calculated pursuant to the basic child support schedule in division (D) of this section and pursuant to the applicable worksheet in division (E) of this section, through line 24, or in division (F) of this section, through line 23, is rebuttably presumed to be the correct amount of child support due, and the court or agency shall order that amount to be paid as child support unless both of the following apply with respect to an order issued by a court:

(a) The court, after considering the factors and criteria set forth in division (B)(3) of this section, determines that the amount calculated pursuant to the basic child support schedule and pursuant to the applicable worksheet in division (E) of this section, through line 24, or in division (F) of this section, through line 23, would be unjust or inappropriate and would not be in the best interest of the child.

(b) The court enters in the journal the amount of child support calculated pursuant to the basic child support schedule and pursuant to the applicable worksheet in division (E) of this section, through line 24, or in division (F) of this section, through line 23, its determination that that amount would be unjust or inappropriate and would not be in the best interest of the child, and findings of fact supporting that determination.

(2) In determining the amount of child support to be paid under any child support order, the court, upon its own recommendation or upon the recommendation of the child support enforcement agency, shall or the child support enforcement agency, pursuant to sections 3111.20, 3111.21, and 3111.22 of the Revised Code, shall do all of the following:

(a) If the combined gross income of both parents is less than six thousand six hundred dollars per year, the court or agency shall determine the amount of the obligor's child support obligation on a case-by-case basis using the schedule as a guideline. The court or agency shall review the obligor's gross income and living expenses to determine the maximum amount of child support that it reasonably can order without denying the obligor the means for self-support at a minimum subsistence level and shall order a specific amount of child support, unless the obligor proves to the court or agency that the obligor is totally unable to pay child support and the court or agency determines that it would be unjust or inappropriate to order the payment of child support and enters its determination and supporting findings of fact in the journal.

(b) If the combined gross income of both parents is greater than one hundred fifty thousand dollars per year, the court or agency shall determine the amount of the obligor's child support obligation on a case-by-case basis and shall consider the needs and the standard of living of the children who are the subject of the child support order and of the parents. When the court or agency determines the amount of the obligor's child support obligation for parents with a combined gross income greater than one hundred fifty thousand dollars, the court or agency shall compute a basic combined child support obligation that is no less than the same percentage of the parents' combined annual income that would have been computed under the basic child support schedule and under the applicable worksheet in division (E) of this section, through line 24, or in division (F) of this section, through line 23, for a combined gross income of one hundred fifty thousand dollars, unless the court or agency determines that it would be unjust or inappropriate and would not be in the best interest of the child, obligor, or obligee to order that amount and enters in the journal the figure, determination, and findings.

(c) The court shall not order an amount of child support that deviates from the amount of child support that would otherwise result from the use of the basic child support schedule and the applicable worksheet in division (E) of this section, through line 24, or in division (F) of this section, through line 23, unless both of the following apply:

(i) The court, after considering the factors and criteria set forth in division (B)(3) of this section, determines that the amount calculated pursuant to the basic child support schedule and pursuant to the applicable worksheet in division (E) of this section, through line 24, or in division (F) of this section, through line 23, would be unjust or inappropriate and would not be in the best interest of the child;

(ii) The court enters in the journal the amount of child support calculated pursuant to the basic child support schedule and pursuant to the applicable worksheet in division (E) of this section, through line 24, or in division (F) of this section, through line 23, its determination that that amount would be unjust or inappropriate and would not be in the best interest of the child, and findings of fact supporting that determination.

(3) The court, in accordance with divisions (B)(1) and (2)(c) of this section, may deviate from the amount of support that otherwise would result from the use of the schedule and the applicable worksheet in division (E) of this section, through line 24, or in division (F) of this section, through line 23, in cases in which the application of the schedule and the applicable worksheet in division (E) of this section, through line 24, or in division (F) of this section, through line 23, would be unjust or inappropriate and would not be in the best interest of the child. In determining whether that amount would be unjust or inappropriate and would not be in the best interest of the child, the court may consider any of the following factors and criteria:

(a) Special and unusual needs of the children;

(b) Extraordinary obligations for minor children or obligations for handicapped children who are not stepchildren and who are not offspring from the marriage or relationship that is the basis of the immediate child support determination;

(c) Other court-ordered payments;

(d) Extended times of visitation or extraordinary costs associated with visitation, provided that this division does not authorize and shall not be construed as authorizing any deviation from the schedule and the applicable worksheet in division (E) of this section, through line 24, or in division (F) of this section, through line 23, or any escrowing, impoundment, or withholding of child support because of a denial of or interference with a right of companionship or visitation granted by court order; EXTRAORDINARY CIRCUMSTANCES OF THE PARENTS, INCLUDING, BUT NOT LIMITED TO:

(i) THE AMOUNT OF TIME THAT THE CHILDREN SPEND WITH EACH PARENT;

(ii) THE ABILITY OF EACH PARENT TO MAINTAIN ADEQUATE HOUSING FOR THE CHILDREN;

(iii) EACH PARENT'S EXPENSES, INCLUDING, BUT NOT LIMITED TO, CHILD CARE EXPENSES, SCHOOL TUITION, MEDICAL EXPENSES, AND DENTAL EXPENSES.

(e) The obligor obtains additional employment after a child support order is issued in order to support a second family;

(f) The financial resources and the earning ability of the child;

(g) Disparity in income between parties or households;

(h) Benefits that either parent receives from remarriage or sharing living expenses with another person;

(i) The amount of federal, state, and local taxes actually paid or estimated to be paid by a parent or both of the parents;

(j) Significant in-kind contributions from a parent, including, but not limited to, direct payment for lessons, sports equipment, schooling, or clothing;

(k) The relative financial resources, other assets and resources, and needs of each parent;

(l) The standard of living and circumstances of each parent and the standard of living the child would have enjoyed had the marriage continued or had the parents been married;

(m) The physical and emotional condition and needs of the child;

(n) The need and capacity of the child for an education and the educational opportunities that would have been available to the child had the circumstances requiring a court order for support not arisen;

(o) The responsibility of each parent for the support of others;

(p) Any other relevant factor.

The court may accept an agreement of the parents that assigns a monetary value to any of the factors and criteria listed in division (B)(3) of this section that are applicable to their situation.

(4) If an obligor or obligee under a child support order requests the court to modify the amount of support required to be paid pursuant to the child support order, the court shall recalculate the amount of support that would be required to be paid under the support order in accordance with the schedule and pursuant to the applicable worksheet in division (E) of this section, through line 24, or in division (F) of this section, through line 23, and if that amount as recalculated is more than ten per cent greater than or more than ten per cent less than the amount of child support that is required to be paid pursuant to the existing child support order, the deviation from the recalculated amount that would be required to be paid under the schedule and the applicable worksheet in division (E) of this section, through line 24, or in division (F) of this section, through line 23, shall be considered by the court as a change of circumstance that is substantial enough to require a modification of the amount of the child support order. In determining pursuant to this division the recalculated amount of support that would be required to be paid under the support order for purposes of determining whether that recalculated amount is more than ten per cent greater than or more than ten per cent less than the amount of child support that is required to be paid pursuant to the existing child support order, the court shall consider, in addition to all other factors required by law to be considered, the cost of health insurance which the obligor, the obligee, or both the obligor and the obligee have been ordered to obtain for the children specified in the order. Additionally, if an obligor or obligee under a child support order requests the court to modify the amount of support required to be paid pursuant to the child support order and if the court determines that the amount of support does not adequately meet the medical needs of the child, the inadequate coverage shall be considered by the court as a change of circumstance that is substantial enough to require a modification of the amount of the child support order. If the court determines that the amount of child support required to be paid under the child support order should be changed due to a substantial change of circumstances that was not contemplated at the time of the issuance of the original child support order or the last modification of the child support order, the court shall modify the amount of child support required to be paid under the child support order to comply with the schedule and the applicable worksheet in division (E) of this section, through line 24, or in division (F) of this section, through line 23, unless the court determines that the amount calculated pursuant to the basic child support schedule and pursuant to the applicable worksheet in division (E) of this section, through line 24, or in division (F) of this section, through line 23, would be unjust or inappropriate and would not be in the best interest of the child and enters in the journal the figure, determination, and findings specified in division (B)(2)(c) of this section.

(5) When a court computes the amount of child support required to be paid under a child support order or a child support enforcement agency computes the amount of child support to be paid pursuant to an administrative child support order issued pursuant to section 3111.20, 3111.21, or 3111.22 of the Revised Code, all of the following apply:

(a) The parents shall verify current and past income and personal earnings with suitable documents, including, but not limited to, paystubs, employer statements, receipts and expense vouchers related to self-generated income, tax returns, and all supporting documentation and schedules for the tax returns.

(b) The amount of any pre-existing child support obligation of a parent under a child support order and the amount of any court-ordered spousal support paid to a former spouse shall be deducted from the gross income of that parent to the extent that payment under the child support order or that payment of the court-ordered spousal support is verified by supporting documentation.

(c) If other minor children who were born to the parent and a person other than the other parent who is involved in the immediate child support determination live with the parent, the court or agency shall deduct an amount from that parent's gross income that equals the number of such minor children times the federal income tax exemption for such children less child support received for them for the year, not exceeding the federal income tax exemption.

(d) When the court or agency calculates the gross income of a parent, it shall include the lesser of the following as income from overtime and bonuses:

(i) The yearly average of all overtime and bonuses received during the three years immediately prior to the time when the person's child support obligation is being computed;

(ii) The total overtime and bonuses received during the year immediately prior to the time when the person's child support obligation is being computed.

(e) When the court or agency calculates the gross income of a parent, it shall not include any income earned by the spouse of that parent.

(f) The court shall not order an amount of child support for reasonable and ordinary uninsured medical or dental expenses in addition to the amount of the child support obligation determined in accordance with the schedule. The court shall issue a separate order for extraordinary medical or dental expenses, including, but not limited to, orthodontia, psychological, appropriate private education, and other expenses, and may consider the expenses in adjusting a child support order.

(g) When a court or agency calculates the amount of child support to be paid pursuant to a child support order or an administrative child support order, if the combined gross income of both parents is an amount that is between two amounts set forth in the first column of the schedule, the court or agency may use the basic child support obligation that corresponds to the higher of the two amounts in the first column of the schedule, use the basic child support obligation that corresponds to the lower of the two amounts in the first column of the schedule, or calculate a basic child support obligation that is between those two amounts and corresponds proportionally to the parents' actual combined gross income.

(h) When the court or agency calculates gross income, the court or agency, when appropriate, may average income over a reasonable period of years.

(6)(a) If the court issues a shared parenting order in accordance with section 3109.04 of the Revised Code, the court shall order an amount of child support to be paid under the child support order that is calculated in accordance with the schedule and with the worksheet set forth in division (E) of this section, through line 24, except that, if the application of the schedule and the worksheet, through line 24, would be unjust or inappropriate to the children or either parent and would not be in the best interest of the child because of the extraordinary circumstances of the parents or because of any other factors or criteria set forth in division (B)(3) of this section, the court may deviate from the amount of child support that would be ordered in accordance with the schedule and worksheet, through line 24, shall consider those extraordinary circumstances and other factors or criteria if it deviates from that amount, and shall enter in the journal the amount of child support calculated pursuant to the basic child support schedule and pursuant to the applicable worksheet, through line 24, its determination that that amount would be unjust or inappropriate and would not be in the best interest of the child, and findings of fact supporting that determination.

(b) For the purposes of this division, "extraordinary circumstances of the parents" includes, but is not limited to, all of the following:

(i) The amount of time that the children spend with each parent;

(ii) The ability of each parent to maintain adequate housing for the children;

(iii) Each parent's expenses, including, but not limited to, child care expenses, school tuition, medical expenses, and dental expenses.

(7)(a) In any action in which a child support order is issued or modified under Chapter 3115. or section 2151.23, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04, or 3113.31 of the Revised Code or in any other proceeding in which the court determines the amount of child support that will be ordered to be paid pursuant to a child support order and except as otherwise provided in this division, the court shall issue a minimum support order requiring the obligor to pay a minimum amount of fifty dollars a month for child support under the child support order. The court, in its discretion and in appropriate circumstances, may issue a minimum support order requiring the obligor to pay an amount of child support that is less than fifty dollars a month or not requiring the obligor to pay an amount for support. The appropriate circumstances for which a court may issue a minimum support order requiring an obligor to pay an amount of child support that is less than fifty dollars a month or not requiring the obligor to pay an amount for support include, but are not limited to, the nonresidential parent's OBLIGOR'S medically verified or documented physical or mental disability or institutionalization in a facility for persons with a mental illness. If the court issues a minimum support order pursuant to this division and the obligor under the support order is the recipient of need-based public assistance, any unpaid amounts of support due under the support order shall accrue as arrearages from month to month, the obligor's current obligation to pay the support due under the support order is suspended during any period of time that the obligor is receiving need-based public assistance and is complying with any seek work orders issued pursuant to division (D)(7) of section 3113.21 of the Revised Code, and the court, obligee, and child support enforcement agency shall not enforce the obligation of the obligor to pay the amount of support due under the support order during any period of time that the obligor is receiving need-based public assistance and is complying with any seek work orders issued pursuant to division (D)(7) of section 3113.21 of the Revised Code.

(b) Notwithstanding division (B)(7)(6)(a) of this section, if the amount of support payments that federal law requires or permits to be disregarded in determining eligibility for aid under Chapter 5107. of the Revised Code exceeds fifty dollars, instead of fifty dollars the amount of a minimum support order described in division (B)(7)(6)(a) of this section shall be the amount federal law requires or permits to be disregarded.

(C) Except when the parents have split parental rights PARENTING FUNCTIONS and responsibilities, a parent's child support obligation for a child for whom the parent is the residential parent and legal custodian FOR PURPOSES OF CHILD SUPPORT shall be presumed to be spent on that child and shall not become part of a child support order, and a parent's child support obligation for a child for whom the parent is not the residential parent and legal custodian FOR PURPOSES OF CHILD SUPPORT shall become part of a child support order. If the parents have split parental rights PARENTING FUNCTIONS and responsibilities, the child support obligations of the parents shall be offset, and the court shall issue a child support order requiring the parent with the larger child support obligation to pay the net amount pursuant to the child support order. If neither parent of a child who is the subject of a child support order is the residential parent and legal custodian of the child and the child resides with a third party who is the legal custodian of the child PURSUANT TO AN ORDER ISSUED UNDER FORMER SECTION 3109.04 OR DIVISION (A)(3) OF SECTION 3109.49 of the Revised Code, the court shall issue a child support order requiring each parent THE PARENTS to pay that parent's child support obligation pursuant to the child support order.

Whenever a court issues a child support order, it shall include in the order specific provisions for regular, holiday, vacation, and special visitation in accordance with section 3109.05, 3109.11, or 3109.12 of the Revised Code or in accordance with any other applicable section of the Revised Code. The court shall not authorize or permit the escrowing, impoundment, or withholding of any child support payment because of a denial of or interference with a right of visitation included as a specific provision of the child support order or GRANTED PURSUANT TO FORMER SECTION 3109.051 OR 3109.12 OR SECTION 3109.59, 3109.60, OR 3109.61 of the Revised Code as a method of enforcing the specific provisions of the child support order dealing with visitation.

(D)(1) Except as provided in divisions (D)(2) and (3) of this section, the THE following basic child support schedule shall be used by all courts and child support enforcement agencies when calculating the amount of child support that will be paid pursuant to a child support order or an administrative child support order, unless the combined gross income of the parents is less than sixty-six hundred dollars or more than one hundred fifty thousand dollars:

(2) Until July 1, 1994, or a later date specified pursuant to division (D)(3) of this section, the following basic child support schedule shall be used by all courts and child support enforcement agencies to calculate the amount of child support that will be paid pursuant to a child support order or an administrative child support order when combined gross income is at least six thousand dollars but not more than twenty-one thousand six hundred dollars:

(3) The office of budget and management and the department of human services shall conduct a study of the impact on the general revenue fund of implementing the basic child support schedule in division (D)(1) of this section for combined gross incomes of at least six thousand dollars but not more than twenty-one thousand six hundred dollars. If, prior to July 1, 1994, the department and the office conclude from the study that implementing the basic child support schedule in division (D)(1) of this section for those incomes will have a negative impact on the general revenue fund, the department shall inform the controlling board of the impact and recommend to the board continued use of the schedule in division (D)(2) until a date which the department shall specify. On receipt of the department's recommendation, the board shall specify a date for discontinuance of the schedule in division (D)(2), which may be the date recommended by the department or any other date considered appropriate by the board. On the date specified by the board, the schedule in division (D)(2) shall cease to be used and child support shall be calculated pursuant to the schedule in division (D)(1) of this section.

(E) When a court or child support enforcement agency calculates the amount of child support that will be required to be paid pursuant to a child support order or an administrative child support order in a proceeding in which one parent is the residential parent and legal custodian of FOR PURPOSES OF RECEIVING CHILD SUPPORT FOR all of the children who are the subject of the child support order or the court issues a shared parenting order, the court or child support enforcement agency shall use a worksheet that is identical in content and form to the following worksheet:

Name of parties .................................................

Case No. ..........

Number of minor children ...... The following parent was designated as the residential parent and legal custodian (disregard if shared parenting order) FOR PURPOSES OF RECEIVING CHILD SUPPORT:

............. mother; ............ father.

Father has ..... pay periods annually; mother has ..... pay periods annually.

	Column I Father	Column II Mother	Column III Combined

1a. Annual gross income from employment or, when determined appropriate by the court or agency, average annual gross income from employment over a reasonable period of years (exclude overtime and bonuses)	$......	$......
b. Amount of overtime and bonuses	Father	Mother
Yr. 3
(Three years ago)	$......	$......
Yr. 2
(Two years ago)	$......	$......
Yr. 1
(Last calendar year)	$......	$......
Average:	$......	$......
(Include in Column I and/or Column II the average of the three years or the year 1 amount, whichever is less, if there exists a reasonable expectation that the total earnings from overtime and/or bonuses during the current calendar year will meet or exceed the amount that is the lower of the average of the three years or the year 1 amount. If, however, there exists a reasonable expectation that the total earnings from overtime/bonuses during the current calendar year will be less than the lower of the average of the three years or the year 1 amount, include only the amount reasonably expected to be earned this year.)	$......	$......
2. Annual income from interest and dividends (whether or not taxable)	$......	$......
3. Annual income from unemployment compensation	$......	$......
4. Annual income from workers' compensation or disability insurance benefits	$......	$......
5. Other annual income (identify)	$......	$......
6. Total annual gross income (add lines 1-5)	$......	$......
7. Annual court-ordered support paid for other children	$......	$......
8. Adjustment for minor children born to either parent and another parent, which children are living with this parent (number of children times federal income tax exemption less child support received for the year, not to exceed the federal tax exemption)	$......	$......
9. Annual court-ordered spousal support paid to a former spouse	$......	$......
10. Amount of local income taxes actually paid or estimated to be paid	$......	$......
11. For self-employed individuals, deduct 5.6% of adjusted gross income or the actual marginal difference between the actual rate paid by the self-employed individual and the F.I.C.A. rate	$......	$......
12. For self-employed individuals, deduct ordinary and necessary business expenses	$......	$......
13. Total gross income adjustments (add lines 7-12)	$......	$......
14. Adjusted annual gross income (subtract line 13 from line 6)	$......	$......
15. Combined annual income that is basis for child support order (add line 14, Col. I and Col. II)			$......
16. Percentage parent's income to total income
a. Father (divide line 14, Col. I by line 15, Col. III)	%
b. Mother (divide line 14, Col. II by line 15, Col. III)		+ %	= 100%
17. Basic combined child support obligation (Refer to basic child support schedule in division (D) of section 3113.215 of the Revised Code; in the first column of the schedule, locate the sum that is nearest to the combined annual income listed in line 15, Col. III of this worksheet, then refer to the column of the schedule that corresponds to the number of children in this family. If the income of the parents is more than one sum, and less than another sum, in the first column of the schedule, you may calculate the basic combined child support obligation based upon the obligation for those two sums.)		$......
18. Annual child care expenses for the children who are the subject of this order that are work, employment training, or education related, as approved by the court or agency (deduct the tax credit from annual cost, whether or not claimed)	$......	$......
19. Marginal, out-of-pocket costs, necessary to provide for health insurance for the children who are the subject of this order	$......	$......
20. Total child care and medical expenses (add lines 18 and 19, Column I and Column II)	$......	$......
21. Combined annual child support obligation for this family (add lines 17 and 20, Column I and Column II)	.......		$......
22. Annual support obligation/parent
a. Father (multiply line 21, Col. III, by line 16a)	$......
b. Mother (multiply line 21, Col. III, by line 16b)		$......
23. Adjustment for actual expenses paid for annual child care expenses and marginal, out-of-pocket costs, necessary to provide for health insurance (enter number from line 18 or 19 if applicable)	$......	$......
24. Actual annual obligation (subtract line 23 from line 22a or 22b)	$......	$......
25. GROSS HOUSEHOLD INCOME PER PARTY AFTER EXCHANGE OF CHILD SUPPORT (ADD LINES 14 AND 24 COLUMN I OR II FOR THE RESIDENTIAL PARENT FOR PURPOSES OF RECEIVING CHILD SUPPORT; SUBTRACT LINE 24 COLUMN I OR II FROM LINE 14 FOR THE PARENT WHO IS NOT THE RESIDENTIAL PARENT FOR PURPOSES OF RECEIVING CHILD SUPPORT)	$......	$......
26. Comments, rebuttal, or adjustments to correct figures in lines 24, Column I and 24, Column II if they would be unjust or inappropriate and would not be in best interest of the child or children (specific facts to support adjustments must be included)	$......	$......

(Addendum sheet may be attached)

27. Final figure (this amount reflects final annual child support obligation)	$......	father/mother obligor

28. For decree: child support per child per week or per month (divide obligor's annual share, line 27, by 12 or 52 and by number of children)	$......
29. For deduction order: child support per pay period (calculate support per pay period from figure on line 28) plus appropriate poundage	$......

Calculations have been reviewed.

Signatures
	Father
	I do/do not consent.

Sworn to before me and suscribed SUBSCRIBED in my presence, this ..... day of .........., 19...

	Notary Public
	Mother
	I do/do not consent.

Sworn to before me and suscribed SUBSCRIBED in my presence, this ..... day of .........., 19...

	Notary Public
Attorney for father	Attorney for mother"

(F) When a court or child support enforcement agency calculates the amount of child support that will be required to be paid pursuant to a child support order in a proceeding in which both parents have split parental rights PARENTING FUNCTIONS and responsibilities with respect to the children who are the subject of the child support order, the court or child support enforcement agency shall use a worksheet that is identical in content and form to the following worksheet:

Name of parties .............................

Case No. ..........

Number of minor children ...... The following parent was designated residential parent and legal custodian FOR PURPOSES OF RECEIVING CHILD SUPPORT:

............ mother; ............ father.

Father has ..... pay periods annually; mother has ..... pay periods annually.

	Column I Father	Column II Mother	Column III Combined

1a. Annual gross income from employment or, when determined to be appropriate by the court or agency, average annual gross income from employment over a reasonable period of years (exclude overtime and bonuses)	$......	$......
b. Amount of overtime and bonuses	Father	Mother
Yr. 3
(Three years ago)	$......	$......
Yr. 2
(Two years ago)	$......	$......
Yr. 1
(Last calendar year)	$......	$......
Average:	$......	$......
(Include in Column I and/or Column II the average of the three years or the year 1 amount, whichever is less, if there exists a reasonable expectation that the total earnings from overtime and/or bonuses during the current calendar year will meet or exceed the amount that is the lower of the average of the three years or the year 1 amount. If, however, there exists a reasonable expectation that the total earnings from overtime/bonuses during the current calendar year will be less than the lower of the average of the three years or the year 1 amount, include only the amount reasonably expected to be earned this year.)	$......	$.......
2. Annual income from interest and dividends (whether or not taxable)	$......	$......
3. Annual income from unemployment compensation	$......	$......
4. Annual income from workers' compensation or disability insurance benefits	$......	$......
5. Other annual income (identify)	$......	$......
6. Total annual gross income (add lines 1-5)	$......	$......
7. Annual court-ordered support paid for other children	$......	$......
8. Adjustment for minor children born to either parent and another parent, which children are living with this parent (number of children times federal income tax exemption less child support received for the year, not to exceed the federal tax exemption)	$......	$......
9. Annual court-ordered spousal support paid to a former spouse	$......	$......
10. Amount of local income taxes actually paid or estimated to be paid	$......	$......
11. For self-employed individuals, deduct 5.6% of adjusted gross income or the actual marginal difference between the actual rate paid by the self-employed individual and the F.I.C.A. rate	$......	$......
12. For self-employed individuals, deduct ordinary and necessary business expenses	$......	$......
13. Total gross income adjustments (add lines 7-12)	$......	$......
14. Adjusted annual gross income (subtract line 13 from line 6)	$......	$......
15. Combined annual income that is basis for child support order (add line 14, Col. I and Col. II)			$.....
16. Percentage parent's income to total income
a. Father (divide line 14, Col. I by line 15, Col. III)	%
b. Mother (divide line 14, Col. II by line 15, Col. III)		+ %	= 100%
17. Basic combined child support obligation/household
a. For children for whom the father is the residential parent and legal custodian FOR PURPOSES OF RECEIVING CHILD SUPPORT (Refer to basic child support schedule in division (D) of section 3113.215 of the Revised Code; in the first column of the schedule, locate the sum that is nearest to the combined annual income listed in line 15, Col. III of this worksheet, then refer to the column of the schedule that corresponds to the number of children for whom the father is the residential parent and legal custodian FOR PURPOSES OF RECEIVING CHILD SUPPORT. If the income of the parents is more than one sum, and less than another sum, in the first column of the schedule, you may calculate the basic combined child support obligation based upon the obligation for those two sums.)			$......
b. For children for whom the mother is the RESIDENTIAL parent and the legal custodian FOR PURPOSES OF RECEIVING CHILD SUPPORT. (Refer to basic child support schedule in division (D) of section 3313.215 3113.215 of the Revised Code; in the first column of the schedule, locate the sum that is nearest to the combined annual income listed in line 15, Col. III of this worksheet, then refer to the column of the schedule that corresponds to the number of children for whom the mother is the residential parent and the legal custodian FOR PURPOSES OF RECEIVING CHILD SUPPORT. If the income of the parents is more than one sum, and less than another sum, in the first column of the schedule, you may calculate the basic combined child support obligation based upon the obligation for those two sums.)			$......
18. Annual child care expenses for the children who are the subject of this order that are work, employment training, or education related, as approved by the court or agency (deduct the as approved by the court or agency (deduct the tax credit from annual cost, whether or not claimed)
a. Expenses paid by the father	$......
b. Expenses paid by the mother		$......
19. Marginal, out-of-pocket costs, necessary to provide for health insurance for the children who are the subject of this order
a. Costs paid by the father	$......
b. Costs paid by the mother		$......
20. Total annual child care and medical expenses
a. Of father (add lines 18a and 19a)	$......
b. Of mother (add lines 18b and 19b)		$......
21. Total annual child support obligation
a. Of father for child(ren) for whom the mother is the residential parent and legal custodian FOR PURPOSES OF RECEIVING CHILD SUPPORT (add lines 20a and 17b and multiply by line 16a)	$......
b. Of mother for child(ren) for whom the father is the residential parent and legal custodian FOR PURPOSES OF RECEIVING CHILD SUPPORT (add lines 20b and 17b 17a and multiply by line 16b)		$......
22. Adjustment for actual expenses paid for annual child care expenses, and marginal, out-of-pocket costs, necessary to provide for health insurance
a. For father (enter number from line 20a)	$......
b. For mother (enter number from line 20b)		$......
23. Actual annual obligation (subtract line 22a from line 21a and insert in Column I; subtract line 22b from line 21b and insert in Column II)	$......	$......
24. Net annual support obligation (greater amount on line 23 Column I or line 23 Column II minus lesser amount on line 23 Column I or line 23 Column II)	$......	$......
25. Gross household income per party after exchange of child support	$......	$......
(add line 14 and line 24 for the parent receiving a child support payment; subtract line 24 from line 14 for the parent making a child support payment)
26. Comments, rebuttal, or adjustments to correct figures in lines 24, Column I and 24, Column II if they would be unjust or inappropriate and would not be in best interest of the children (specific facts to support adjustments must be included)	$......	$......

(Addendum sheet may be attached)

27. Final figure (this amount reflects final annual child support obligation)	$......	father/mother obligor

28. For decree: child support per child per week or per month (divide obligor's annual share, line 27, by 12 or 52 and by the number of children)	$......
29. For deduction order: child support per day (calculate support per pay period from figure on line 28) and add appropriate poundage		$......

Calculations have been reviewed.

Signatures
	Father
	I do/do not consent.

Sworn to before me and suscribed SUBSCRIBED in my presence, this ..... day of .........., 19...

	Notary Public
	Mother
	I do/do not consent.

Sworn to before me and suscribed SUBSCRIBED in my presence, this ..... day of .........., 19...

	Notary Public
Attorney for father	Attorney for mother"

(G) At least once every four years, the department of human services shall review the basic child support schedule set forth in division (D) of this section to determine whether support orders issued in accordance with the schedule and the applicable worksheet in division (E) of this section, through line 24, or in division (F) of this section, through line 23, adequately provide for the needs of the children who are subject to the support orders, prepare a report of its review, and submit a copy of the report to both houses of the general assembly. For each review, the department shall establish a child support guideline advisory council to assist the department in the completion of its reviews and reports. Each council shall be composed of obligors, obligees, judges of courts of common pleas who have jurisdiction over domestic relations cases, attorneys whose practice includes a significant number of domestic relations cases, representatives of child support enforcement agencies, other persons interested in the welfare of children, three members of the senate appointed by the president of the senate, no more than two of whom are members of the same party, and three members of the house of representatives appointed by the speaker of the house, no more than two of whom are members of the same party. The department shall consider input from the council prior to the completion of any report under this section. The advisory council shall cease to exist at the time that it submits its report to the general assembly. Any expenses incurred by an advisory council shall be paid by the department.

On or before March 1, 1993, the department shall submit its initial report under this division to both houses of the general assembly. On or before the first day of March of every fourth year after 1993, the department shall submit a report under this division to both houses of the general assembly.

Sec. 3113.31. (A) As used in this section:

(1) "Domestic violence" means the occurrence of one or more of the following acts against a family or household member:

(a) Attempting to cause or recklessly causing bodily injury;

(b) Placing another person by the threat of force in fear of imminent serious physical harm or committing a violation of section 2903.211 or 2911.211 of the Revised Code;

(c) Committing any act with respect to a child that would result in the child being an abused child, as defined in section 2151.031 of the Revised Code.

(2) "Court" means the domestic relations division of the court of common pleas in counties that have a domestic relations division, and the court of common pleas in counties that do not have a domestic relations division.

(3) "Family or household member" means any of the following:

(a) Any of the following who is residing with or has resided with the respondent:

(i) A spouse, a person living as a spouse, or a former spouse of the respondent;

(ii) A parent or a child of the respondent, or another person related by consanguinity or affinity to the respondent;

(iii) A parent or a child of a spouse, person living as a spouse, or former spouse of the respondent, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the respondent.

(b) The natural parent of any child of whom the respondent is the other natural parent.

(4) "Person living as a spouse" means a person who is living or has lived with the respondent in a common law marital relationship, who otherwise is cohabiting with the respondent, or who otherwise has cohabited with the respondent within one year prior to the date of the alleged occurrence of the act in question.

(5) "Victim advocate" means a person who provides support and assistance for a person who files a petition under this section.

(B) The court has jurisdiction over all proceedings under this section. The petitioner's right to relief under this section is not affected by the petitioner's leaving the residence or household to avoid further domestic violence.

(C) A person may seek relief under this section the person on the person's own behalf, or any parent or adult household member may seek relief under this section on behalf of any other family or household member, by filing a petition with the court. The petition shall contain or state:

(1) An allegation that the respondent engaged in domestic violence against a family or household member of the respondent, including a description of the nature and extent of the domestic violence;

(2) The relationship of the respondent to the petitioner, and to the victim if other than the petitioner;

(3) A request for relief under this section.

(D) If a person who files a petition pursuant to this section requests an ex parte order, the court shall hold an ex parte hearing on the same day that the petition is filed. The court may, for good cause shown at the ex parte hearing, enter any temporary orders, with or without bond, including, but not limited to, an order described in division (E)(1)(a), (b), or (c) of this section, that the court finds necessary to protect the family or household member from domestic violence. Immediate and present danger of domestic violence to the family or household member constitutes good cause for purposes of this section. Immediate and present danger includes, but is not limited to, situations in which the respondent has threatened the family or household member with bodily harm or in which the respondent has previously engaged in domestic violence against the family or household member.

If the court, after an ex parte hearing, issues an order described in division (E)(1)(b) or (c) of this section, the court shall schedule a full hearing that shall be held within seven court days after the ex parte hearing. If any other type of protection order that is authorized under division (E) of this section is issued by the court after an ex parte hearing, the full hearing shall be held within ten days after the ex parte hearing. The respondent shall be given notice of, and an opportunity to be heard at, the full hearing.

If a person who files a petition pursuant to this section does not request an ex parte order, or if a person requests an ex parte order but the court does not issue an ex parte order after an ex parte hearing, the court shall proceed as in a normal civil action and grant a full hearing on the matter.

(E)(1) After an ex parte or full hearing, the court may grant any protection order, with or without bond, or approve any consent agreement to bring about a cessation of domestic violence against the family or household members. The order or agreement may:

(a) Direct the respondent to refrain from abusing the family or household members;

(b) Grant possession of the residence or household to the petitioner or other family or household member, to the exclusion of the respondent, by evicting the respondent, when the residence or household is owned or leased solely by the petitioner or other family or household member, or by ordering the respondent to vacate the premises, when the residence or household is jointly owned or leased by the respondent, and the petitioner or other family or household member;

(c) When the respondent has a duty to support the petitioner or other family or household member living in the residence or household and the respondent is the sole owner or lessee of the residence or household, grant possession of the residence or household to the petitioner or other family or household member, to the exclusion of the respondent, by ordering the respondent to vacate the premises, or, in the case of a consent agreement, allow the respondent to provide suitable, alternative housing;

(d) Temporarily allocate parental rights PARENTING FUNCTIONS and responsibilities for the care of, or establish temporary visitation rights FOR PERSONS OTHER THAN THE PARENTS with regard to, minor children, if no other court has determined, or is determining, the allocation of parental rights PARENTING FUNCTIONS and responsibilities for the minor children or visitation rights FOR PERSONS OTHER THAN THE PARENTS;

(e) Require the respondent to maintain support, if the respondent customarily provides for or contributes to the support of the family or household member, or if the respondent has a duty to support the petitioner or family or household member;

(f) Require the respondent, petitioner, victim of domestic violence, or any combination of those persons, to seek counseling;

(g) Require the respondent to refrain from entering the residence, school, business, or place of employment of the petitioner or family or household member;

(h) Grant other relief that the court considers equitable and fair, including, but not limited to, ordering the respondent to permit the use of a motor vehicle by the petitioner or other family or household member and the apportionment of household and family personal property.

(2) If a protection order has been issued pursuant to this section in a prior action involving the respondent and the petitioner or one or more of the family or household members, the court may include in a protection order that it issues a prohibition against the respondent returning to the residence or household and a prohibition against the petitioner inviting or admitting the respondent to the residence or household while the order is in effect.

(3)(a) Any protection order or approved consent agreement shall be valid until a date certain, but not later than two years from the date of its issuance or approval.

(b) Subject to the limitation on the duration of an order or agreement set forth in division (E)(3)(a) of this section, any order under division (E)(1)(d) of this section shall terminate on the date that a court in an action for divorce, dissolution of marriage, or legal separation brought by the petitioner or respondent issues an order allocating parental rights PARENTING FUNCTIONS and responsibilities for the care of children or on the date that a juvenile court in an action brought by the petitioner or respondent issues an order awarding legal custody of minor children. Subject to the limitation on the duration of an order or agreement set forth in division (E)(3)(a) of this section, any order under division (E)(1)(e) of this section shall terminate on the date that a court in an action for divorce, dissolution of marriage, or legal separation brought by the petitioner or respondent issues a support order or on the date that a juvenile court in an action brought by the petitioner or respondent issues a support order.

(c) Any protection order issued or consent agreement approved pursuant to this section may be renewed in the same manner as the original order or agreement was issued or approved.

(4) A court may not issue a protection order that requires a petitioner to do or to refrain from doing an act that the court may require a respondent to do or to refrain from doing under division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this section unless all of the following apply:

(a) The respondent files a separate petition for a protection order in accordance with this section.

(b) The petitioner is served notice of the respondent's petition at least forty-eight hours before the court holds a hearing with respect to the respondent's petition, or the petitioner waives the right to receive this notice.

(c) If the petitioner has requested an ex parte order pursuant to division (D) of this section, the court does not delay any hearing required by that division beyond the time specified in that division in order to consolidate the hearing with a hearing on the petition filed by the respondent.

(d) After a full hearing at which the respondent presents evidence in support of the request for a protection order and the petitioner is afforded an opportunity to defend against that evidence, the court determines that the petitioner has committed an act of domestic violence or has violated a temporary protection order issued pursuant to section 2919.26 of the Revised Code, that both the petitioner and the respondent acted primarily as aggressors, and that neither the petitioner nor the respondent acted primarily in self-defense.

(5) No order or agreement under this section shall in any manner affect title to any real property.

(6)(a) If a petitioner, or the child of a petitioner, who obtains a protection order or consent agreement pursuant to division (E)(1) of this section or a temporary protection order pursuant to section 2919.26 of the Revised Code and is the subject of a visitation or companionship order issued pursuant to section FORMER SECTION 3109.051 OR 3109.12, OR SECTION 3109.59, 3109.11 3109.60, or 3109.12 3109.61 of the Revised Code GRANTING VISITATION OR COMPANIONSHIP RIGHTS TO THE RESPONDENT or division (E)(1)(d) of this section granting visitation or companionship rights to the respondent A PARENTING DECREE ALLOCATING PARENTING FUNCTIONS AND RESPONSIBILITIES FOR THE CHILD BETWEEN THE PETITIONER AND RESPONDENT ISSUED PURSUANT TO SECTIONS 3109.40 TO 3109.62 of the Revised Code, the court may require the public children services agency of the county in which the court is located to provide supervision of the respondent's exercise of visitation or companionship rights PHYSICAL CONTACT with respect to the child for a period not to exceed nine months, if the court makes the following findings of fact:

(i) The child is in danger from the respondent;

(ii) No other person or agency is available to provide the supervision or other services.

(b) IF A CHILD IS THE SUBJECT OF A PARENTING DECREE ALLOCATING PARENTING FUNCTIONS AND RESPONSIBILITIES FOR A CHILD ISSUED PURSUANT TO SECTIONS 3109.40 TO 3109.62 of the Revised Code AND THE DECREE PURSUANT TO SECTION 3109.50 of the Revised Code REQUIRES ONE OF THE PARENT'S PHYSICAL CONTACT WITH THE CHILD TO BE SUPERVISED, THE COURT MAY REQUIRE THE PUBLIC CHILDREN SERVICES AGENCY OF THE COUNTY IN WHICH THE COURT IS LOCATED TO PROVIDE SUPERVISION OF THAT PARENT'S PHYSICAL CONTACT WITH THE CHILD.

(c) A court that requires an agency to provide supervision or other services pursuant to division (E)(6)(a) OR (b) of this section shall order the respondent to reimburse the agency for the cost of providing the supervision or other services, if it determines that the respondent has sufficient income or resources to pay that cost.

(F)(1) A copy of any protection order, or consent agreement, that is issued or approved under this section shall be issued by the court to the petitioner, to the respondent, and to all law enforcement agencies that have jurisdiction to enforce the order or agreement. The court shall direct that a copy of an order be delivered to the respondent on the same day that the order is entered.

(2) All law enforcement agencies shall establish and maintain an index for the protection orders and the approved consent agreements delivered to the agencies pursuant to division (F)(1) of this section. With respect to each order and consent agreement delivered, each agency shall note on the index, the date and time that it received the order or consent agreement.

(3) Regardless of whether the petitioner has registered the order or agreement in the county in which the officer's agency has jurisdiction pursuant to division (N) of this section, any officer of a law enforcement agency shall enforce a protection order issued or consent agreement approved by any court in this state in accordance with the provisions of the order or agreement, including removing the respondent from the premises, if appropriate.

(G) Any proceeding under this section shall be conducted in accordance with the Rules of Civil Procedure, except that an order under this section may be obtained with or without bond. The remedies and procedures provided in this section are in addition to, and not in lieu of, any other available civil or criminal remedies.

(H) The filing of proceedings under this section does not excuse a person from filing any report or giving any notice required by section 2151.421 of the Revised Code or by any other law. When a petition under this section alleges domestic violence against minor children, the court shall report the fact, or cause reports to be made, to a county, township, or municipal peace officer under section 2151.421 of the Revised Code.

(I) Any law enforcement agency that investigates a domestic dispute shall provide information to the family or household members involved regarding the relief available under this section and section 2919.26 of the Revised Code.

(J) Notwithstanding any provision of law to the contrary, no court shall charge a fee for the filing of a petition pursuant to this section.

(K)(1) Each order for support made or modified under this section on or after December 31, 1993, shall include as part of the order a general provision, as described in division (A)(1) of section 3113.21 of the Revised Code, requiring the withholding or deduction of wages or assets of the obligor under the order as described in division (D) of section 3113.21 of the Revised Code or another type of appropriate requirement as described in division (D)(6), (D)(7), or (H) of that section, to ensure that withholding or deduction from the wages or assets of the obligor is available from the commencement of the support order for collection of the support and of any arrearages that occur; a statement requiring all parties to the order to notify the child support enforcement agency in writing of their current mailing address, their current residence address, and any changes in either address; and a notice that the requirement to notify the agency of all changes in either address continues until further notice from the court. The court shall comply with sections 3113.21 to 3113.219 of the Revised Code when it makes or modifies an order for child support under this section on or after April 12, 1990.

If any person required to pay child support under an order made under this section on or after April 15, 1985, or modified under this section on or after December 31, 1986, is found in contempt of court for failure to make support payments under the order, the court that makes the finding, in addition to any other penalty or remedy imposed, shall assess all court costs arising out of the contempt proceeding against the person and require the person to pay any reasonable attorney's fees of any adverse party, as determined by the court, that arose in relation to the act of contempt.

(2) Notwithstanding section 3109.01 of the Revised Code, if a court issues a child support order under this section, the order shall remain in effect beyond the child's eighteenth birthday as long as the child continuously attends on a full-time basis any recognized and accredited high school. Any parent ordered to pay support under a child support order issued under this section shall continue to pay support under the order, including during seasonal vacation periods, until the order terminates.

(L)(1) A person who violates a protection order issued or a consent agreement approved under this section is subject to the following sanctions:

(a) Criminal prosecution for a violation of section 2919.27 of the Revised Code, if the violation of the protection order or consent agreement constitutes a violation of that section;

(b) Punishment for contempt of court.

(2) The punishment of a person for contempt of court for violation of a protection order issued or a consent agreement approved under this section does not bar criminal prosecution of the person for a violation of section 2919.27 of the Revised Code. However, a person punished for contempt of court is entitled to credit for the punishment imposed upon conviction of a violation of that section, and a person convicted of a violation of that section shall not subsequently be punished for contempt of court arising out of the same activity.

(M) In all stages of a proceeding under this section, a petitioner may be accompanied by a victim advocate.

(N)(1) A petitioner who obtains a protection order or consent agreement under this section or a temporary protection order under section 2919.26 of the Revised Code may provide notice of the issuance or approval of the order or agreement to the judicial and law enforcement officials in any county other than the county in which the order is issued or the agreement is approved by registering that order or agreement in the other county pursuant to division (N)(2) of this section and filing a copy of the registered order or registered agreement with a law enforcement agency in the other county in accordance with that division.

(2) A petitioner may register a temporary protection order, protection order, or consent agreement in a county other than the county in which the court that issued the order or approved the agreement is located in the following manner:

(a) The petitioner shall obtain a certified copy of the order or agreement from the clerk of the court that issued the order or approved the agreement and present that certified copy to the clerk of the court of common pleas or the clerk of a municipal court or county court in the county in which the order or agreement is to be registered.

(b) Upon accepting the certified copy of the order or agreement for registration, the clerk of the court of common pleas, municipal court, or county court shall place an endorsement of registration on the order or agreement and give the petitioner a copy of the order or agreement that bears that proof of registration.

(3) The clerk of each court of common pleas, the clerk of each municipal court, and the clerk of each county court shall maintain a registry of certified copies of temporary protection orders, protection orders, or consent agreements that have been issued or approved by courts in other counties and that have been registered with the clerk.

(4) If a petitioner who obtains a protection order or consent agreement under this section or a temporary protection order under section 2919.26 of the Revised Code wishes to register the order or agreement in any county other than the county in which the order was issued or the agreement was approved, pursuant to divisions (N)(1) to (3) of this section, and if the petitioner is indigent, both of the following apply:

(a) If the petitioner submits to the clerk of the court that issued the order or approved the agreement satisfactory proof that the petitioner is indigent, the clerk may waive any fee that otherwise would be required for providing the petitioner with a certified copy of the order or agreement to be used for purposes of divisions (N)(1) to (3) of this section;

(b) If the petitioner submits to the clerk of the court of common pleas or the clerk of a municipal court or county court in the county in which the order or agreement is to be registered satisfactory proof that the petitioner is indigent, the clerk may waive any fee that otherwise would be required for accepting for registration a certified copy of the order or agreement, for placing an endorsement of registration on the order or agreement, or for giving the petitioner a copy of the order or agreement that bears the proof of registration.

Sec. 3313.64. (A) As used in this section and in section 3313.65 of the Revised Code:

(1) "Parent" means either parent, unless the parents are separated or divorced or their marriage has been dissolved or annulled, in which case "parent" means the parent who is the residential parent and legal custodian of the child. When a child is in the legal custody of a government agency or a person other than the child's natural or adoptive parent, "parent" means the parent with residual parental rights PARENTING FUNCTIONS, privileges, and responsibilities. When a child is in the permanent custody of a government agency or a person other than the child's natural or adoptive parent, "parent" means the parent who was divested of parental rights PARENTING FUNCTIONS and responsibilities for the care of the child and the right to have the child live with the parent and be the legal custodian of the child and all residual parental rights PARENTING FUNCTIONS, privileges, and responsibilities.

(2) "Legal custody," "permanent custody," and "residual parental rights, privileges, and responsibilities" have the same meanings as in section 2151.011 of the Revised Code.

(3) "School district" or "district" means a city, local, or exempted village school district and excludes any school operated in an institution maintained by the department of youth services.

(4) Except as used in division (C)(2) of this section, "home" means a home, institution, family foster home, group home, or other residential facility in this state that receives and cares for children, to which any of the following applies:

(a) The home is licensed, certified, or approved for such purpose by the state or is maintained by the department of youth services.

(b) The home is operated by a person who is licensed, certified, or approved by the state to operate the home for such purpose.

(c) The home accepted the child through a placement by a person licensed, certified, or approved to place a child in such a home by the state.

(d) The home is a children's home created under section 5153.21 or 5153.36 of the Revised Code.

(5) "Agency" means all of the following:

(a) A children services board or county department of human services that has assumed the administration of child welfare functions prescribed by Chapter 5153. of the Revised Code;

(b) An organization that holds a certificate issued by the Ohio department of human services in accordance with the requirements of section 5103.03 of the Revised Code and assumes temporary or permanent custody of children through commitment, agreement, or surrender, and places children in family homes for the purpose of adoption;

(c) Comparable agencies of other states or countries that have complied with applicable requirements of section 2151.39, or sections 5103.20 to 5103.28 of the Revised Code.

(6) A child is placed for adoption if either of the following occurs:

(a) An agency to which the child has been permanently committed or surrendered enters into an agreement with a person pursuant to section 5103.06 of the Revised Code for the care and adoption of the child.

(b) The child's natural parent places the child pursuant to section 5103.16 of the Revised Code with a person who will care for and adopt the child.

(7) "Handicapped preschool child" means a handicapped child, as defined by division (A) of section 3323.01 of the Revised Code, who is at least three years of age but is not of compulsory school age, as defined in section 3321.01 of the Revised Code, and who has not entered kindergarten.

(8) "Child," unless otherwise indicated, includes handicapped preschool children.

(B) Except as otherwise provided in section 3321.01 of the Revised Code for admittance to kindergarten and first grade, a child who is at least five but under twenty-two years of age and any handicapped preschool child shall be admitted to school as provided in this division.

(1) A child shall be admitted to the schools of the school district in which the child's parent resides.

(2) A child who does not reside in the district where the child's parent resides shall be admitted to the schools of the district in which the child resides if any of the following applies:

(a) The child is in the legal or permanent custody of a government agency or a person other than the child's natural or adoptive parent.

(b) The child resides in a home.

(c) The child requires special education.

(3) A child who is not entitled under division (B)(2) of this section to be admitted to the schools of the district where the child resides and who is residing with a resident of this state with whom the child has been placed for adoption shall be admitted to the schools of the district where the child resides unless either of the following applies:

(a) The placement for adoption has been terminated.

(b) Another school district is required to admit the child under division (B)(1) of this section.

Division (B) of this section does not prohibit the board of education of a school district from placing a handicapped child who resides in the district in a special education program outside of the district or its schools in compliance with Chapter 3323. of the Revised Code.

(C) A district shall not charge tuition for children admitted under division (B)(1) or (3) of this section. If the district admits a child under division (B)(2) of this section, tuition shall be paid to the district that admits the child as follows:

(1) If the child receives special education in accordance with Chapter 3323. of the Revised Code, tuition shall be paid in accordance with section 3323.091, 3323.13, 3323.14, or 3323.141 of the Revised Code regardless of who has custody of the child or whether the child resides in a home.

(2) Except as otherwise provided in division (C)(2)(d) of this section, if the child is in the permanent or legal custody of a government agency or person other than the child's parent, tuition shall be paid by:

(a) The district in which the child's parent resided at the time the court removed the child from home or at the time the court vested legal or permanent custody of the child in the person or government agency, whichever occurred first; or

(b) If the parent's residence at the time the court removed the child from home or placed the child in the legal or permanent custody of the person or government agency is unknown, tuition shall be paid by the district in which the child resided at the time the child was removed from home or placed in legal or permanent custody, whichever occurred first; or

(c) If a school district cannot be established under division (C)(2)(a) or (b) of this section, tuition shall be paid by the district determined as required by section 2151.357 of the Revised Code by the court at the time it vests custody of the child in the person or government agency.

(d) If at the time the court removed the child from home or vested legal or permanent custody of the child in the person or government agency, whichever occurred first, one parent was in a residential or correctional facility or a juvenile residential placement and the other parent, if living and not in such a facility or placement, was not known to reside in this state, tuition shall be paid by the district determined under division (D) of section 3313.65 of the Revised Code as the district required to pay any tuition while the parent was in such facility or placement.

(3) If the child is not in the permanent or legal custody of a government agency or person other than the child's parent and the child resides in a home, tuition shall be paid by one of the following:

(a) The school district in which the child's parent resides;

(b) If the child's parent is not a resident of this state, the home in which the child resides.

(D) Tuition required to be paid under divisions (C)(2) and (3)(a) of this section shall be computed in accordance with section 3317.08 of the Revised Code. Tuition required to be paid under division (C)(3)(b) of this section shall be computed in accordance with section 3317.081 of the Revised Code. If a home fails to pay the tuition required by division (C)(3)(b) of this section, the board of education providing the education may recover in a civil action the tuition and the expenses incurred in prosecuting the action, including court costs and reasonable attorney's fees. If the prosecuting attorney or city director of law represents the board in such action, costs and reasonable attorney's fees awarded by the court, based upon the prosecuting attorney's, director's, or one of their designee's time spent preparing and presenting the case, shall be deposited in the county or city general fund.

(E) A board of education may enroll a child free of any tuition obligation for a period not to exceed sixty days, on the sworn statement of an adult resident of the district that the resident has initiated legal proceedings for custody of the child.

(F) In the case of any individual entitled to attend school under this division, no tuition shall be charged by the school district of attendance and no other school district shall be required to pay tuition for the individual's attendance. Notwithstanding division (B), (C), or (E) of this section:

(1) All persons at least eighteen but under twenty-two years of age who live apart from their parents, support themselves by their own labor, and have not successfully completed the high school curriculum or the individualized education program developed for the person by the high school pursuant to section 3323.08 of the Revised Code, are entitled to attend school in the district in which they reside.

(2) Any child under eighteen years of age who is married is entitled to attend school in the child's district of residence.

(3) A child is entitled to attend school in the district in which either of the child's parents is employed if the child has a medical condition that may require emergency medical attention. The parent of a child entitled to attend school under division (F)(3) of this section shall submit to the board of education of the district in which the parent is employed a statement from the child's physician certifying that the child's medical condition may require emergency medical attention. The statement shall be supported by such other evidence as the board may require.

(4) Any child residing with a person other than the child's parent is entitled, for a period not to exceed twelve months, to attend school in the district in which that person resides if the child's parent files an affidavit with the superintendent of the district in which the person with whom the child is living resides stating all of the following:

(a) That the parent is serving outside of the state in the armed services of the United States;

(b) That the parent intends to reside in the district upon returning to this state;

(c) The name and address of the person with whom the child is living while the parent is outside the state.

(5) Any child under the age of twenty-two who, after the death of a parent, resides in a school district other than the district in which the child attended school at the time of the parent's death is entitled to continue to attend school in the district in which the child attended school at the time of the parent's death for the remainder of the school year, subject to approval of that district board.

(6) A child under the age of twenty-two years who resides with a parent who is having a new house built in a school district outside the district where the parent is residing is entitled to attend school for a period of time in the district where the new house is being built. In order to be entitled to such attendance, the parent shall provide the district superintendent with the following:

(a) A sworn statement explaining the situation, revealing the location of the house being built, and stating the parent's intention to reside there upon its completion;

(b) A statement from the builder confirming that a new house is being built for the parent and that the house is at the location indicated in the parent's statement.

(7) A child under the age of twenty-two residing with a parent who has a contract to purchase a house in a school district outside the district where the parent is residing and who is waiting upon the date of closing of the mortgage loan for the purchase of such house is entitled to attend school for a period of time in the district where the house is being purchased. In order to be entitled to such attendance, the parent shall provide the district superintendent with the following:

(a) A sworn statement explaining the situation, revealing the location of the house being purchased, and stating the parent's intent to reside there;

(b) A statement from a real estate broker or bank officer confirming that the parent has a contract to purchase the house, that the parent is waiting upon the date of closing of the mortgage loan, and that the house is at the location indicated in the parent's statement.

The district superintendent shall establish a period of time not to exceed ninety days during which the child entitled to attend school under division (F)(6) or (7) of this section may attend without tuition obligation. A student attending a school under division (F)(6) or (7) of this section shall be eligible to participate in interscholastic athletics under the auspices of that school, provided the board of education of the school district where the student's parent resides, by a formal action, releases the student to participate in interscholastic athletics at the school where the student is attending, and provided the student receives any authorization required by a public agency or private organization of which the school district is a member exercising authority over interscholastic sports.

(8) A child whose parent is a full-time employee of a city, local, or exempted village school district may be admitted to the schools of the district where the child's parent is employed, provided the board of education establishes such an admission policy by resolution adopted by a majority of its members. Any such policy shall take effect on the first day of the school year and the effective date of any amendment or repeal may not be prior to the first day of the subsequent school year. The policy shall be uniformly applied to all such children and shall provide for the admission of any such child upon request of the parent. No child may be admitted under this policy after the first day of classes of any school year.

(9) A child who is with the child's parent under the care of a shelter for victims of domestic violence, as defined in section 3113.33 of the Revised Code, is entitled to attend school free in the district in which the child is with his parent, and no other school district shall be required to pay tuition for the child's attendance in that school district.

The enrollment of a child in a school district under this division shall not be denied due to a delay in the school district's receipt of any records required under section 3313.672 of the Revised Code or any other records required for enrollment. Any days of attendance and any credits earned by a child while enrolled in a school district under this division shall be transferred to and accepted by any school district in which the child subsequently enrolls. The state board of education shall adopt rules to ensure compliance with this division.

(10) Any child under the age of twenty-two whose parent has moved out of the school district after the commencement of classes in the child's senior year of high school is entitled, subject to the approval of that district board, to attend school in the district in which the child attended school at the time of the parental move for the remainder of the school year and for one additional semester or equivalent term. A district board may also adopt a policy specifying extenuating circumstances under which a student may continue to attend school under division (F)(10) of this section for an additional period of time in order to successfully complete the high school curriculum for the individualized education program developed for the student by the high school pursuant to section 3323.08 of the Revised Code.

(11) As used in this division, "grandparent" means a parent of a parent of a child. A child under the age of twenty-two years who is in the custody of the child's parent, resides with a grandparent, and does not require special education is entitled to attend the schools of the district in which the child's grandparent resides, provided that, prior to such attendance in any school year, the board of education of the school district in which the child's grandparent resides and the board of education of the school district in which the child's parent resides enter into a written agreement specifying that good cause exists for such attendance, describing the nature of this good cause, and consenting to such attendance.

In lieu of a consent form signed by a parent, a board of education may request the grandparent of a child attending school in the district in which the grandparent resides pursuant to division (F)(11) of this section to complete any consent form required by the district, including any authorization required by sections 3313.712 and 3313.713 of the Revised Code. Upon request, the grandparent shall complete any consent form required by the district. A school district shall not incur any liability solely because of its receipt of a consent form from a grandparent in lieu of a parent.

Division (F)(11) of this section does not create, and shall not be construed as creating, a new cause of action or substantive legal right against a school district, a member of a board of education, or an employee of a school district. This section does not affect, and shall not be construed as affecting, any immunities from defenses to tort liability created or recognized by Chapter 2744. of the Revised Code for a school district, member, or employee.

(12) A child under the age of twenty-two years is entitled to attend school in a school district other than the district in which the child is entitled to attend school under division (B), (C), or (E) of this section provided that, prior to such attendance in any school year, both of the following occur:

(a) The superintendent of the district in which the child is entitled to attend school under division (B), (C), or (E) of this section contacts the superintendent of another district for purposes of this division;

(b) The superintendents of both districts enter into a written agreement that consents to the attendance and specifies that the purpose of such attendance is to protect the student's physical or mental well-being or to deal with other extenuating circumstances deemed appropriate by the superintendents.

While an agreement is in effect under this division for a student who is not receiving special education under Chapter 3323. of the Revised Code and notwithstanding Chapter 3327. of the Revised Code, the board of education of neither school district involved in the agreement is required to provide transportation for the student to and from the school where the student attends.

A student attending a school of a district pursuant to this division shall be allowed to participate in all student activities, including interscholastic athletics, at the school where the student is attending on the same basis as any student who has always attended the schools of that district while of compulsory school age.

(G) A board of education, after approving admission, may waive tuition for students who will temporarily reside in the district and who are either of the following:

(1) Residents or domiciliaries of a foreign nation who request admission as foreign exchange students;

(2) Residents or domiciliaries of the United States but not of Ohio who request admission as participants in an exchange program operated by a student exchange organization.

(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04, 3327.04, and 3327.06 of the Revised Code, a child may attend school or participate in a special education program in a school district other than in the district where the child is entitled to attend school under division (B) of this section.

(I) This division does not apply to a child receiving special education.

A school district required to pay tuition pursuant to division (C)(2) or (3) of this section or section 3313.65 of the Revised Code shall have an amount deducted under division (G) of section 3317.023 of the Revised Code equal to its own tuition rate for the same period of attendance. A school district entitled to receive tuition pursuant to division (C)(2) or (3) of this section or section 3313.65 of the Revised Code shall have an amount credited under division (G) of section 3317.023 of the Revised Code equal to its own tuition rate for the same period of attendance. If the tuition rate credited to the district of attendance exceeds the rate deducted from the district required to pay tuition, the department of education shall pay the district of attendance the difference from amounts deducted from all districts' payments under division (G) of section 3317.023 of the Revised Code but not credited to other school districts under such division and from appropriations made for such purpose. The treasurer of each school district shall, by the fifteenth day of January and July, furnish the superintendent of public instruction a report of the names of each child who attended the district's schools under divisions (C)(2) and (3) of this section or section 3313.65 of the Revised Code during the preceding six calendar months, the duration of the attendance of those children, the school district responsible for tuition on behalf of the child, and any other information that the superintendent requires.

Upon receipt of the report the superintendent, pursuant to division (G) of section 3317.023 of the Revised Code, shall deduct each district's tuition obligations under divisions (C)(2) and (3) of this section or section 3313.65 of the Revised Code and pay to the district of attendance that amount plus any amount required to be paid by the state.

(J) In the event of a disagreement, the superintendent of public instruction shall determine the school district in which the parent resides.

(K) Nothing in this section requires or authorizes, or shall be construed to require or authorize, the admission to a public school in this state of a pupil who has been permanently excluded from public school attendance by the superintendent of public instruction pursuant to sections 3301.121 and 3313.662 of the Revised Code.

Sec. 3313.672. (A)(1) At the time of his initial entry to a public or nonpublic school, a pupil shall present to the person in charge of admission any records given him THE PUPIL by the public or nonpublic elementary or secondary school he THE PUPIL most recently attended; a certified copy of an order or decree, or modification of such an order or decree allocating parental rights and responsibilities for the care of a child and, designating a residential parent and legal custodian of the child, as provided in division (B) of this section, if that type of order or decree has been issued; and a certification of birth issued pursuant to Chapter 3705. of the Revised Code, a comparable certificate or certification issued pursuant to the statutes of another state, territory, possession, or nation, or a document in lieu of a certificate or certification as described in divisions (A)(1)(a) to (e) of this section. Any of the following shall be accepted in lieu of a certificate or certification of birth by the person in charge of admission:

(a) A passport or attested transcript of a passport filed with a registrar of passports at a point of entry of the United States showing the date and place of birth of the child;

(b) An attested transcript of the certificate of birth;

(c) An attested transcript of the certificate of baptism or other religious record showing the date and place of birth of the child;

(d) An attested transcript of a hospital record showing the date and place of birth of the child;

(e) A birth affidavit.

(2) Within twenty-four hours of the entry into the school of a pupil described in division (A)(1) of this section, a school official shall request the pupil's official records from the public or nonpublic elementary or secondary school he THE PUPIL most recently attended. If the public or nonpublic school the pupil claims to have most recently attended indicates that it has no record of the pupil's attendance or the records are not received within fourteen days of the date of request, or if the pupil does not present a certification of birth described in division (A)(1) of this section, a comparable certificate or certification from another state, territory, possession, or nation, or another document specified in divisions (A)(1)(a) to (d) of this section, the principal or chief administrative officer of the school shall notify the law enforcement agency having jurisdiction in the area where the pupil resides of this fact and of the possibility that the pupil may be a missing child, as defined in section 2901.30 of the Revised Code.

(B) Whenever an order or decree allocating parental rights and responsibilities for the care of a child and designating a residential parent and legal custodian of the child, including a temporary order, is issued resulting from an action of divorce, alimony, annulment, or dissolution of marriage, and the order or decree pertains to a child who is a pupil in a public or nonpublic school, the residential parent of the child shall notify the school of those allocations and designations by providing the person in charge of admission at the pupil's school with a certified copy of the order or decree that made the allocation and designation. Whenever there is a modification of any order or decree allocating parental rights and responsibilities for the care of a child and designating a residential parent and legal custodian of the child that has been submitted to a school, the residential parent shall provide the person in charge of admission at the pupil's school with a certified copy of the order or decree that makes the modification.

(C) If, at the time of a pupil's initial entry to a public or nonpublic school, the pupil is under the care of a shelter for victims of domestic violence, as defined in section 3113.33 of the Revised Code, the pupil or his THE PUPIL'S parent shall notify the school of that fact. Upon being so informed, the school shall inform the elementary or secondary school from which it requests the pupil's records of that fact.

Sec. 3313.98. Notwithstanding division (D) of section 3311.19 and division (D) of section 3311.52 of the Revised Code, the provisions of this section and sections 3313.981 to 3313.983 of the Revised Code that apply to a city school district do not apply to a joint vocational or cooperative education school district unless expressly specified.

(A) As used in this section and sections 3313.981 to 3313.983 of the Revised Code:

(1) "Parent" means either of the natural or adoptive parents of a student, except under the following conditions:

(a) When the marriage of the natural or adoptive parents of the student has been terminated by a divorce, dissolution of marriage, or annulment or the natural or adoptive parents of the student are living separate and apart under a legal separation decree and the court has issued an order allocating the parental rights and responsibilities with respect to the student, "parent" means the EITHER OF THE FOLLOWING:

(i) THE residential parent as designated by the court except that "parent" means either UNDER A DECREE ALLOCATING PARENTAL RIGHTS AND RESPONSIBILITIES ISSUED PURSUANT TO FORMER SECTION 3109.04 of the Revised Code;

(ii) EITHER parent when the court issues UNDER a shared parenting decree ORDER OR UNDER A PARENTING DECREE ALLOCATING PARENTING FUNCTIONS AND RESPONSIBILITIES PURSUANT TO SECTIONS 3109.40 TO 3109.62 of the Revised Code.

(b) When a court has granted temporary or permanent custody of the student to an individual or agency other than either of the natural or adoptive parents of the student, "parent" means the legal custodian of the child.

(c) When a court has appointed a guardian for the student, "parent" means the guardian of the student.

(2) "Native student" means a student entitled under section 3313.64 or 3313.65 of the Revised Code to attend school in a district adopting a resolution under this section.

(3) "Adjacent district" means a city, exempted village, or local school district having territory that abuts the territory of a district adopting a resolution under this section.

(4) "Adjacent district student" means a student entitled under section 3313.64 or 3313.65 of the Revised Code to attend school in an adjacent district.

(5) "Adjacent district joint vocational student" means an adjacent district student who enrolls in a city, exempted village, or local school district pursuant to this section and who also enrolls in a joint vocational school district that does not contain the territory of the district for which that student is a native student and does contain the territory of the city, exempted village, or local district in which the student enrolls.

(6) "Adjusted formula amount" means the dollar formula amount specified in section 3317.022 of the Revised Code multiplied by the cost-of-doing-business factor for a district defined in division (E) of section 3317.02 of the Revised Code.

(7) "Poverty line" means the poverty line established by the director of the United States office of management and budget as revised by the director of the office of community services in accordance with section 673(2) of the "Community Services Block Grant Act," 95 Stat. 1609, 42 U.S.C.A. 9902, as amended.

(8) "IEP" means an individualized education program defined by division (E) of section 3323.01 of the Revised Code.

(B) The board of education of each city, local, and exempted village school district shall adopt a resolution pertaining to enrollment of students from adjacent districts. The resolution shall, beginning with the school year that begins July 1, 1993, either entirely prohibit the enrollment of students from adjacent districts, other than students for whom tuition is paid in accordance with section 3317.08 of the Revised Code, or shall permit enrollment of students from all adjacent districts in accordance with a policy contained in the resolution. A policy permitting enrollment of students from adjacent districts shall provide for all of the following:

(1) Application procedures, including deadlines for application and for notification of students and the superintendents of adjacent districts whenever an adjacent district student's application is approved.

(2) Procedures for admitting applicants from adjacent schools free of any tuition obligation to the district's schools, including but not limited to:

(a) The establishment of district capacity limits by grade level, school building, and education program;

(b) A requirement that all native students wishing to be enrolled in the district will be enrolled and that any adjacent district students previously enrolled in the district shall receive preference over first-time applicants;

(c) Procedures to ensure that an appropriate racial balance is maintained in the district schools.

(C) Except as provided in section 3313.982 of the Revised Code, the procedures for admitting adjacent district students shall not include:

(1) Any requirement of academic ability, or any level of athletic, artistic, or other extracurricular skills;

(2) Limitations on admitting applicants because of handicapping conditions, except that a board may refuse to admit an adjacent district student receiving services under Chapter 3323. of the Revised Code, if the services described in the student's IEP are not available in the district's schools;

(3) A requirement that the student be proficient in the English language;

(4) Rejection of any applicant because the student has been subject to disciplinary proceedings, except that if an applicant has been suspended or expelled by the adjacent district for ten consecutive days or more in the term for which admission is sought or in the term immediately preceding the term for which admission is sought, the procedures may include a provision denying admission of such applicant.

(D) Each school board shall provide information about the policy adopted under this section, including the application procedures and deadlines, to the superintendent and the board of education of each adjacent district and, upon request, to the parent of any adjacent district student.

(E) Any school board shall accept all credits toward graduation earned in adjacent district schools by an adjacent district student or a native student.

(F)(1) No board of education may adopt a policy discouraging or prohibiting its native students from applying to enroll in the schools of an adjacent district that has adopted a policy permitting such enrollment, except that:

(a) A district may object to the enrollment of a native student in an adjacent district in order to maintain an appropriate racial balance.

(b) The board of education of a district receiving funds under 64 Stat. 1100 (1950), 20 U.S.C.A. 236 et seq., as amended, may adopt a resolution objecting to the enrollment of its native students in adjacent districts if at least ten per cent of its students are included in the determination of the United States secretary of education made under section 20 U.S.C.A. 238(a).

(2) If a board objects to enrollment of native students under this division, any adjacent district shall refuse to enroll such native students unless tuition is paid for the students in accordance with section 3317.08 of the Revised Code. An adjacent district enrolling such students may not receive funding for those students in accordance with section 3313.981 of the Revised Code.

(G) The state board of education shall monitor school districts to ensure compliance with this section and the districts' policies. The board may adopt rules requiring uniform application procedures, deadlines for application, notification procedures, and record keeping requirements for all school boards that adopt policies permitting the enrollment of adjacent district students. If the state board adopts such rules, no school board shall adopt a policy that conflicts with those rules.

(H) A resolution adopted by a board of education under this section that entirely prohibits the enrollment of students from adjacent school districts does not abrogate any agreement entered into under section 3313.841 or 3313.92 of the Revised Code or any contract entered into under section 3313.90 of the Revised Code between the board of education adopting the resolution and the board of education of any adjacent district or prohibit these boards of education from entering into any such agreement or contract.

(I) Nothing in this section shall be construed to permit or require the board of education of a city, exempted village, or local school district to exclude any native student of the district from enrolling in the district.

Sec. 3319.321. (A) No person shall release, or permit access to, the names or other personally identifiable information concerning any students attending a public school to any person or group for use in a profit-making plan or activity.

(B) No person shall release, or permit access to, personally identifiable information other than directory information concerning any student attending a public school, for purposes other than those identified in division (C), (E), (G), or (H) of this section, without the written consent of the parent, guardian, or custodian of each such student who is less than eighteen years of age, or without the written consent of each such student who is eighteen years of age or older.

(1) For purposes of this section, "directory information" includes a student's name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, date of graduation, and awards received.

(2)(a) Except as provided in division (B)(2)(b) of this section, no school district board of education shall impose any restriction on the presentation of directory information that it has designated as subject to release in accordance with the "Family Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20 U.S.C. 1232q, as amended, to representatives of the armed forces, business, industry, charitable institutions, other employers, and institutions of higher education unless such restriction is uniformly imposed on each of these types of representatives, except that if a student eighteen years of age or older or a student's parent, guardian, or custodian has informed the board that any or all such information should not be released without such person's prior written consent, the board shall not release that information without such person's prior written consent.

(b) The names and addresses of students in grades ten through twelve shall be released to a recruiting officer for any branch of the United States armed forces who requests such information, except that such data shall not be released if the student or student's parent, guardian, or custodian submits to the board a written request not to release such data. Any data received by a recruiting officer shall be used solely for the purpose of providing information to students regarding military service and shall not be released to any person other than individuals within the recruiting services of the armed forces.

(3) Except for directory information and except as provided in division (E), (G), or (H) of this section, information covered by this section that is released shall only be transferred to a third or subsequent party on the condition that such party will not permit any other party to have access to such information without written consent of the parent, guardian, or custodian, or of the student who is eighteen years of age or older.

(4) Except as otherwise provided in this section, any parent of a student may give the written parental consent required under this section. Where parents are separated or divorced, the written parental consent required under this section may be obtained from either parent, subject to any agreement between such parents or court order governing the rights of such parents. In the case of a student whose legal guardian is in an institution, a person independent of the institution who has no other conflicting interests in the case shall be appointed by the board of education of the school district in which the institution is located to give the written parental consent required under this section.

(5)(a) A EACH parent of a student who is not the student's residential parent, upon request, shall be permitted access to any records or information concerning the student under the same terms and conditions under which access to the records or information is available to the residential ANY parent of that A student, provided that the access of the A parent who is not the residential parent is subject to any agreement between the parents, to division (F) of this section, and, to the extent described in division (B)(5)(b) of this section, is subject to any court order issued pursuant to FORMER section 3109.051 OR ANY COURT ORDER CONTAINING A LIMITATION IN SECTION 3109.50 of the Revised Code and any other court order governing the rights of the parents.

(b) If the residential A parent of a student has presented the keeper of a record or information that is related to the student with a copy of an order issued under division (H)(1) of FORMER section 3109.051 of the Revised Code OR A COPY OF AN ORDER CONTAINING A LIMITATION UNDER SECTION 3109.50 of the Revised Code that limits the terms and conditions under which the OTHER parent who is not the residential parent of the student is to have access to records and information pertaining to the student or with a copy of any other court order governing the rights of the parents that so limits those terms and conditions, and if the order pertains to the record or information in question, the keeper of the record or information shall provide access to the OTHER parent who is not the residential parent only to the extent authorized in the order. If the residential A parent has presented the keeper of the record or information with such an order THAT LIMITS THE TERMS AND CONDITIONS UNDER WHICH THE OTHER PARENT IS TO HAVE ACCESS TO RECORDS AND INFORMATION PERTAINING TO THE STUDENT, the keeper of the record shall permit the OTHER parent who is not the residential parent to have access to the record or information only in accordance with the most recent such order that has been presented to the keeper by the residential EITHER parent or the parent who is not the residential parent.

(C) Nothing in this section shall limit the administrative use of public school records by a person acting exclusively in the person's capacity as an employee of a board of education or of the state or any of its political subdivisions, any court, or the federal government, and nothing in this section shall prevent the transfer of a student's record to an educational institution for a legitimate educational purpose. However, except as provided in this section, public school records shall not be released or made available for any other purpose. Fingerprints, photographs, or records obtained pursuant to section 3313.96 or 3319.322 of the Revised Code, or pursuant to division (E) of this section, or any medical, psychological, guidance, counseling, or other information that is derived from the use of the fingerprints, photographs, or records, shall not be admissible as evidence against the minor who is the subject of the fingerprints, photographs, or records in any proceeding in any court. The provisions of this division regarding the administrative use of records by an employee of the state or any of its political subdivisions or of a court or the federal government shall be applicable only when the use of the information is required by a state statute adopted before November 19, 1974, or by federal law.

(D) A board of education may require, subject to division (E) of this section, a person seeking to obtain copies of public school records to pay the cost of reproduction and, in the case of data released under division (B)(2)(b) of this section, to pay for any mailing costs, which payment shall not exceed the actual cost to the school.

(E) A principal or chief administrative officer of a public school, or any employee of a public school who is authorized to handle school records, shall provide access to a student's records to a law enforcement officer who indicates that the officer is conducting an investigation and that the student is or may be a missing child, as defined in section 2901.30 of the Revised Code. Free copies of information in the student's record shall be provided, upon request, to the law enforcement officer, if prior approval is given by the student's parent, guardian, or legal custodian. Information obtained by the officer shall be used solely in the investigation of the case. The information may be used by law enforcement agency personnel in any manner that is appropriate in solving the case, including, but not limited to, providing the information to other law enforcement officers and agencies and to the bureau of criminal identification and investigation for purposes of computer integration pursuant to section 2901.30 of the Revised Code.

(F) No person shall release to a parent of a student who is not the student's residential parent or to any other person, or permit a parent of a student who is not the student's residential parent or permit any other person to have access to, any information about the location of any elementary or secondary school to which a student has transferred or information that would enable the parent who is not the student's residential parent or the other person to determine the location of that elementary or secondary school, if the elementary or secondary school to which the student has transferred and that requested the records of the student under section 3313.672 of the Revised Code informs the elementary or secondary school from which the student's records are obtained that the student is under the care of a shelter for victims of domestic violence, as defined in section 3113.33 of the Revised Code.

(G) A principal or chief administrative officer of a public school, or any employee of a public school who is authorized to handle school records, shall comply with any order issued pursuant to division (D)(1) of section 2151.14 of the Revised Code, any request for records that is properly made pursuant to division (D)(3)(a) of section 2151.14 or division (A) of section 2151.141 of the Revised Code, and any determination that is made by a court pursuant to division (D)(3)(b) of section 2151.14 or division (B)(1) of section 2151.141 of the Revised Code.

(H) Notwithstanding any provision of this section, a principal of a public school, to the extent permitted by the "Family Educational Rights and Privacy Act of 1974," shall make the report required in section 3319.45 of the Revised Code that a pupil committed any violation listed in division (A) of section 3313.662 of the Revised Code on property owned or controlled by, or at an activity held under the auspices of, the board of education, regardless of whether the pupil was sixteen years of age or older. The principal is not required to obtain the consent of the pupil who is the subject of the report or the consent of the pupil's parent, guardian, or custodian before making a report pursuant to section 3319.45 of the Revised Code.

Sec. 5101.31. (A) As used in this section:

(1) Child support enforcement agency" means an agency designated as a child support enforcement agency under section 2301.25 of the Revised Code.

(2) "Law enforcement entity" means a public entity that employs a law enforcement officer.

(B) The division of child support is hereby created in the department of human services. The division shall establish and administer a program of child support enforcement, which program shall meet the requirements of Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended, and any rules promulgated under Title IV-D. The program of child support enforcement shall include, but not be limited to, the location of absent parents, the establishment of parentage, the establishment and modification of child support orders and medical support orders, the enforcement of support orders, and the collection of support obligations.

The department shall charge an application fee of up to twenty-five dollars, as determined by rule adopted by the department pursuant to Chapter 119. of the Revised Code, for furnishing services under Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended, to persons not receiving aid to dependent children. The department shall adopt rules pursuant to Chapter 119. of the Revised Code authorizing counties, at their option, to waive the payment of the fee. The application fee, unless waived pursuant to rules adopted by the department pursuant to this section, shall be paid by those persons.

(C) The division of child support shall establish, by rule adopted pursuant to Chapter 119. of the Revised Code, a program of spousal support enforcement in conjunction with child support enforcement. The program shall conform, to the extent practicable, to the program for child support enforcement established pursuant to division (B) of this section.

(D) The department of human services shall enter into an agreement with the secretary of health and human services, as authorized by the "Parental Kidnapping Prevention Act of 1980," 94 Stat. 3572, 42 U.S.C. 663, as amended, under which the services of the parent locater service established pursuant to Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended, shall be made available to this state for the purpose of determining the whereabouts of any absent parent or child in order to enforce a law with respect to the unlawful taking or restraint of a child, or to make or enforce a determination as to the allocation, between the parents of a child, of the parental rights and responsibilities, MADE PURSUANT TO FORMER SECTION 3109.04 of the Revised Code OR OF THE PARENTING FUNCTIONS AND RESPONSIBILITIES MADE PURSUANT TO SECTIONS 3109.40 TO 3109.62 of the Revised Code, for the care of a child and the designation of the residential parent and legal custodian of a child or otherwise as to the custody of a child.

(E) The division of child support shall not use any social security number made available to it under section 3705.07 of the Revised Code for any purpose other than child support enforcement.

(F) Except as provided by the rules adopted pursuant to this division, no person shall disclose information concerning applicants for and recipients of Title IV-D support enforcement program services provided by a child support enforcement agency. The department of human services shall adopt rules governing access to, and use and disclosure of, information concerning applicants for and recipients of Title IV-D support enforcement program services provided by a child support enforcement agency. The rules shall be consistent with the requirements of Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended, and any rules adopted under Title IV-D.

(G)(1) Except as provided in division (G)(2) of this section, the department of human services shall have access to any information in the possession of any officer, board, commission, or agency of the state that would aid the department in locating an absent parent or child pursuant to division (D) of this section, unless release of the information is prohibited by federal law.

(2) The department of taxation, the bureau of motor vehicles, and a law enforcement entity shall provide information the division of child support requests from the department, bureau, or entity that will enable the division to locate a parent the division or a child support enforcement agency is seeking pursuant to child support enforcement activities. The department, bureau, or entity may provide such information to a child support enforcement agency at the agency's request or require the agency to request that the division of child support request the information for the agency. The division shall request the information from the department, bureau, or entity on the request of a child support enforcement agency.

The only information the department shall provide the division or an agency under this section is the name and address of a parent the division or agency is seeking. The information the bureau or entity shall provide to the division or an agency under this section is the information Title IV-D of the "Social Security Act" requires the division or agency be able to receive.

The division or agency shall reimburse the department, bureau, or entity for the cost of providing the information. If the division requests the information for an agency, the agency shall reimburse the division for reimbursing the department, bureau, or entity.

Sec. 5101.324. (A) The department of human services, in accordance with Chapter 119. of the Revised Code, shall adopt rules governing a child support enforcement agency in establishing a paternity compliance unit and in adopting a paternity compliance plan pursuant to section 2301.357 of the Revised Code. The rules shall include, but shall not be limited to, provisions for the following:

(1) The procedure an agency shall follow to adopt and submit a paternity plan to the department of human services;

(2) The information an agency shall include in its adopted paternity compliance plan, including, but not limited to, the manner in which the agency will service Title IV-D cases in accordance with federally mandated timeframes and the manner in which the agency intends to service more cases in order to meet the federal requirements;

(3) A requirement that all plans adopted by an agency include establishing a paternity compliance unit;

(4) Any other procedures or requirements the department decides are necessary to adopt a paternity compliance plan and to establish a paternity compliance unit.

(B) The department of human services shall report annually to the speaker of the house of representatives and the president of the senate regarding the paternity compliance plans and paternity compliance units and the progress the county agencies have made toward meeting the federal requirements for quickly and efficiently establishing parent and child relationships due to the paternity compliance plans and units. The report shall include statistics on how long a case takes to establish paternity and the result of each request for a determination of the existence or nonexistence of paternity.

(C) The department of human services shall prepare pamphlets that discuss the benefit of establishing a parent and child relationship, the proper procedure for establishing a parent and child relationship between a father and his child, and a toll-free telephone number that interested persons may call for more information regarding the procedures for establishing a parent and child relationship. The department shall make available the pamphlets to the department of health and to any individual who requests a pamphlet.

(D)(1) The department of human services shall prepare an acknowledgment of paternity statement that includes in boldface type at the top of the statement the rights and responsibilities of and the due process safeguards afforded to a person who acknowledges that he is the natural father of a child, including that if an alleged father acknowledges a parent and child relationship he assumes the parental duty of support, that both signators waive any right to a jury trial in order to ensure expediency in resolving the question of the existence of a parent and child relationship, and that the natural father has the right to petition a court BRING AN ACTION pursuant to section 3109.12 3109.62 of the Revised Code for an order granting him reasonable visitation with respect to ALLOCATING PARENTING FUNCTIONS AND RESPONSIBILITIES FOR THE CARE OF the child and to petition the court for custody of the child pursuant to section 2151.23 of the Revised Code BETWEEN THE PARENTS. The statement shall include basic instructions for completing the form, including instructions that both the natural father and the mother or other legal guardian or custodian of the child are required to sign the statement before two competent and disinterested witnesses who are eighteen years of age or older. The statement shall include signature lines for the mother or other legal guardian or custodian of the child, the natural father, and each witness.

(2) The department of human services shall prepare an agreement to genetic testing statement that includes a statement that the mother and the alleged natural father agree to be bound by the results of genetic testing, that both signators waive any right to a jury trial in order to ensure expediency in resolving the question of the existence of a parent and child relationship, that if the results of the genetic testing show a ninety-five per cent or greater probability that the alleged father is the natural father of the child, the administrative officer of the child support enforcement agency will issue an administrative order determining the existence of a parent and child relationship, that if the results show a less than ninety-five per cent probability that the alleged father is the natural father of the child but do not exclude him as the father, the administrative officer will issue an administrative order stating that the results are inconclusive as to whether the alleged natural father is the natural father of the child, and, if the results of genetic testing exclude the alleged natural father as the natural father of the child, the agency will issue an order determining the nonexistence of a parent and child relationship, that if the agency determines a parent and child relationship exists between the alleged father and the child, the father assumes the parental duty of support and he may be required to pay child support, and that if a parent and child relationship exists between the alleged father and the child, the father has the right to petition a court BRING AN ACTION pursuant to section 3109.12 3109.62 of the Revised Code for an order granting him reasonable visitation with respect to ALLOCATING PARENTING FUNCTIONS AND RESPONSIBILITIES FOR THE CARE OF the child and to petition the court for custody of the child pursuant to section 2151.23 of the Revised Code BETWEEN THE PARENTS. The statement shall include basic instructions for completing the agreement, including that both the mother and the alleged natural father must sign the agreement before two competent and disinterested witnesses who are eighteen years of age or older. The statement shall include signature lines for the mother, the alleged natural father, and each witness.

(3) The department of human services shall make available the statement acknowledging paternity and the agreement to genetic testing to each county child support enforcement agency, the department of health, and any other person or agency that requests copies.

Sec. 5104.011. (A) The director of human services shall promulgate rules pursuant to Chapter 119. of the Revised Code governing the operation of child day-care centers, including, but not limited to, parent cooperative centers, part-time centers, drop-in centers, and school child centers, which rules shall reflect the various forms of child day-care and the needs of children receiving child day-care or publicly funded child day-care and, no later than January 1, 1992, shall include specific rules for school child day-care centers that are developed in consultation with the department of education. The rules shall not require an existing school facility that is in compliance with applicable building codes to undergo an additional building code inspection or to have structural modifications. The rules shall include the following:

(1) Submission of a site plan and descriptive plan of operation to demonstrate how the center proposes to meet the requirements of this chapter and rules promulgated pursuant to this chapter for the initial license application;

(2) Standards for ensuring that the physical surroundings of the center are safe and sanitary including, but not limited to, the physical environment, the physical plant, and the equipment of the center;

(3) Standards for the supervision, care, and discipline of children receiving child day-care or publicly funded child day-care in the center;

(4) Standards for a program of activities, and for play equipment, materials, and supplies, to enhance the development of each child; however, any educational curricula, philosophies, and methodologies that are developmentally appropriate and that enhance the social, emotional, intellectual, and physical development of each child shall be permissible. As used in this division, "program" does not include instruction in religious or moral doctrines, beliefs, or values that is conducted at child day-care centers owned and operated by churches and does include methods of disciplining children at child day-care centers.

(5) Admissions policies and procedures, health care policies and procedures, including, but not limited to, procedures for the isolation of children with communicable diseases, first aid and emergency procedures, procedures for discipline and supervision of children, standards for the provision of nutritious meals and snacks, and procedures for screening children and employees, including, but not limited to, any necessary physical examinations and immunizations;

(6) Methods for encouraging parental participation in the center and methods for ensuring that the rights of children, parents, and employees are protected and that responsibilities of parents and employees are met;

(7) Procedures for ensuring the safety and adequate supervision of children traveling off the premises of the center while under the care of a center employee;

(8) Procedures for record keeping, organization, and administration;

(9) Procedures for issuing, renewing, denying, and revoking a license that are not otherwise provided for in Chapter 119. of the Revised Code;

(10) Inspection procedures;

(11) Procedures and standards for setting initial and renewal license application fees;

(12) Procedures for receiving, recording, and responding to complaints about centers;

(13) Procedures for enforcing section 5104.04 of the Revised Code;

(14) A standard requiring the inclusion, on and after July 1, 1987, of a current department of human services toll-free telephone number on each center provisional license or license which any person may use to report a suspected violation by the center of this chapter or rules promulgated pursuant to this chapter;

(15) Requirements for the training of administrators and child-care staff members in first aid, in prevention, recognition, and management of communicable diseases, and in child abuse recognition and prevention. Training requirements for child day-care centers adopted under this division shall be consistent with divisions (B)(6) and (C)(1) of this section.

(16) Procedures to be used by licensees for checking the references of potential employees of centers and procedures to be used by the director for checking the references of applicants for licenses to operate centers;

(17) Standards providing for the special needs of children who are handicapped or who require treatment for health conditions while the child is receiving child day-care or publicly funded child day-care in the center;

(18) Any other procedures and standards necessary to carry out this chapter.

(B)(1) The child day-care center shall have, for each child for whom the center is licensed, at least thirty-five square feet of usable indoor floor space wall-to-wall regularly available for the child day-care operation exclusive of any parts of the structure in which the care of children is prohibited by law or by rules adopted by the board of building standards. The minimum of thirty-five square feet of usable indoor floor space shall not include hallways, kitchens, storage areas, or any other areas that are not available for the care of children, as determined by the director, in meeting the space requirement of this division, and bathrooms shall be counted in determining square footage only if they are used exclusively by children enrolled in the center, except that the exclusion of hallways, kitchens, storage areas, bathrooms not used exclusively by children enrolled in the center, and any other areas not available for the care of children from the minimum of thirty-five square feet of usable indoor floor space shall not apply to:

(a) Centers licensed prior to or on September 1, 1986, that continue under licensure after that date;

(b) Centers licensed prior to or on September 1, 1986, that are issued a new license after that date solely due to a change of ownership of the center.

(2) The child day-care center shall have on the site a safe outdoor play space which is enclosed by a fence or otherwise protected from traffic or other hazards. The play space shall contain not less than sixty square feet per child using such space at any one time, and shall provide an opportunity for supervised outdoor play each day in suitable weather. The director may exempt a center from the requirement of this division, if an outdoor play space is not available and if all of the following are met:

(a) The center provides an indoor recreation area that has not less than sixty square feet per child using the space at any one time, that has a minimum of one thousand four hundred forty square feet of space, and that is separate from the indoor space required under division (B)(1) of this section.

(b) The director has determined that there is regularly available and scheduled for use a conveniently accessible and safe park, playground, or similar outdoor play area for play or recreation.

(c) The children are closely supervised during play and while traveling to and from the area.

The director also shall exempt from the requirement of this division a child day-care center that was licensed prior to September 1, 1986, if the center received approval from the director prior to September 1, 1986, to use a park, playground, or similar area, not connected with the center, for play or recreation in lieu of the outdoor space requirements of this section and if the children are closely supervised both during play and while traveling to and from the area and except if the director determines upon investigation and inspection pursuant to section 5104.04 of the Revised Code and rules promulgated pursuant to that section that the park, playground, or similar area, as well as access to and from the area, is unsafe for the children.

(3) The child day-care center shall have at least two responsible adults available on the premises at all times when seven or more children are in the center. The center shall organize the children in the center in small groups, shall provide child-care staff to give continuity of care and supervision to the children on a day-by-day basis, and shall ensure that no child is left alone or unsupervised. Except as otherwise provided in division (E) of this section, the maximum number of children per child-care staff member and maximum group size, by age category of children, are as follows:

	Maximum Number of
	Children Per	Maximum
Age Category	Child-Care	Group
of Children	Staff Member	Size
(a) Infants:
(i) Less than twelve
months old	5:1, or
	12:2 if two
	child-care
	staff members
	are in the room	12
(ii) At least twelve
months old, but
less than eighteen
months old	6:1	12
(b) Toddlers:
(i) At least eighteen
months old, but
less than thirty
months old	7:1	14
(ii) At least thirty months
old, but less than
three years old	8:1	16
(c) Pre-school children:
(i) Three years old	12:1	24
(ii) Four years old and
five years old who
are not school
children	14:1	28
(d) School children:
(i) A child who is
enrolled in or is
eligible to be
enrolled in a grade
of kindergarten
or above, but
is less than
eleven years old	18:1	36
(ii) Eleven through fourteen
years old	20:1	40

Except as otherwise provided in division (E) of this section, the maximum number of children per child-care staff member and maximum group size requirements of the younger age group shall apply when age groups are combined.

(4)(a) The child day-care center administrator shall show the director both of the following:

(i) Evidence of at least high school graduation or certification of high school equivalency by the state board of education or the appropriate agency of another state;

(ii) Evidence of having completed at least two years of training in an accredited college, university, or technical college, including courses in child development or early childhood education, or at least two years of experience in supervising and giving daily care to children attending an organized group program.

(b) In addition to the requirements of division (B)(4)(a) of this section, any administrator employed or designated on or after September 1, 1986, shall show evidence of, and any administrator employed or designated prior to September 1, 1986, shall show evidence within six years after such date of, at least one of the following:

(i) Two years of experience working as a child-care staff member in a center and at least four courses in child development or early childhood education from an accredited college, university, or technical college, except that a person who has two years of experience working as a child-care staff member in a particular center and who has been promoted to or designated as administrator of that center shall have one year from the time the person was promoted to or designated as administrator to complete the required four courses;

(ii) Two years of training, including at least four courses in child development or early childhood education from an accredited college, university, or technical college;

(iii) A child development associate credential issued by the national child development associate credentialing commission;

(iv) An associate or higher degree in child development or early childhood education from an accredited college, technical college, or university, or a license designated for teaching in an associate teaching position in a preschool setting issued by the state board of education.

(5) All child-care staff members of a child day-care center shall be at least eighteen years of age, and shall furnish the director evidence of at least high school graduation or certification of high school equivalency by the state board of education or the appropriate agency of another state or evidence of completion of a training program approved by the department of human services or state board of education, except as follows:

(a) A child-care staff member may be less than eighteen years of age if the staff member is either of the following:

(i) A graduate of a two-year vocational child-care training program approved by the state board of education;

(ii) A student enrolled in the second year of a vocational child-care training program approved by the state board of education which leads to high school graduation, provided that the student performs the student's duties in the child day-care center under the continuous supervision of an experienced child-care staff member, receives periodic supervision from the vocational child-care training program teacher-coordinator in the student's high school, and meets all other requirements of this chapter and rules promulgated pursuant to this chapter.

(b) A child-care staff member shall be exempt from the educational requirements of this division if the staff member:

(i) Prior to January 1, 1972, was employed or designated by a child day-care center and has been continuously employed since either by the same child day-care center employer or at the same child day-care center; or

(ii) Is a student enrolled in the second year of a vocational child-care training program approved by the state board of education which leads to high school graduation, provided that the student performs the student's duties in the child day-care center under the continuous supervision of an experienced child-care staff member, receives periodic supervision from the vocational child-care training program teacher-coordinator in the student's high school, and meets all other requirements of this chapter and rules promulgated pursuant to this chapter.

(6) Every child day-care staff member of a child day-care center annually shall complete fifteen hours of inservice training in child development or early childhood education, child abuse recognition and prevention, first aid, and in prevention, recognition, and management of communicable diseases, until a total of forty-five hours of training has been completed, unless the staff member furnishes one of the following to the director:

(a) Evidence of an associate or higher degree in child development or early childhood education from an accredited college, university, or technical college;

(b) A license designated for teaching in an associate teaching position in a preschool setting issued by the state board of education;

(c) Evidence of a child development associate credential;

(d) Evidence of a preprimary credential from the American Montessori society or the association Montessori international. For the purposes of division (B)(6) of this section, "hour" means sixty minutes.

(7) The administrator of each child day-care center shall prepare at least once annually and for each group of children at the center a roster of names and telephone numbers of parents, custodians, or guardians of each group of children attending the center and upon request shall furnish the roster for each group to the parents, custodians, or guardians of the children in that group. The administrator may prepare a roster of names and telephone numbers of all parents, custodians, or guardians of children attending the center and upon request shall furnish the roster to the parents, custodians, or guardians of the children who attend the center. The administrator shall not include in any roster the name or telephone number of any parent, custodian, or guardian who requests the administrator not to include the parent's, custodian's, or guardian's name or number and shall not furnish any roster to any person other than a parent, custodian, or guardian of a child who attends the center.

(C)(1) Each child day-care center shall have on the center premises and readily available at all times at least one child-care staff member who has completed a course in first aid and in prevention, recognition, and management of communicable diseases which is approved by the state department of health and a staff member who has completed a course in child abuse recognition and prevention training which is approved by the department of human services.

(2) The administrator of each child day-care center shall maintain enrollment, health, and attendance records for all children attending the center and health and employment records for all center employees. The records shall be confidential, except as otherwise provided in division (B)(7) of this section and except that they shall be disclosed by the administrator to the director upon request for the purpose of administering and enforcing this chapter and rules adopted pursuant to this chapter. Neither the center nor the licensee, administrator, or employees of the center shall be civilly or criminally liable in damages or otherwise for records disclosed to the director by the administrator pursuant to this division. It shall be a defense to any civil or criminal charge based upon records disclosed by the administrator to the director that the records were disclosed pursuant to this division.

(3)(a) Any EACH parent who is the residential parent and legal custodian of a child enrolled in a child day-care center and any custodian or guardian of such a child shall be permitted unlimited access to the center during its hours of operation for the purposes of contacting their children, evaluating the care provided by the center, evaluating the premises of the center, or for other purposes approved by the director. A parent of a child enrolled in a child day-care center who is not the child's residential parent shall be permitted unlimited access to the center during its hours of operation for those purposes under the same terms and conditions under which the residential parent of that child is permitted access to the center for those purposes. However, the access of the A parent who is not the residential parent is subject to any agreement between the UNMARRIED parents OF A CHILD and, to the extent described in division (C)(3)(b) of this section, is subject to any terms and conditions limiting the right of access of the A parent who is not the residential parent, as described in division (I) of FORMER section 3109.051 OR SECTION 3109.50 of the Revised Code, that are contained in a visitation order or decree issued under that FORMER section 3109.051 OR 3109.12 of the Revised Code, section 3109.11 3109.59, 3109.60, or 3109.12 3109.61 of the Revised Code, or any other provision of the Revised Code.

(b) If a parent who is the residential parent of a child has presented the administrator or the administrator's designee with a copy of a visitation AN order ISSUED UNDER DIVISION (I) OF FORMER SECTION 3109.051 OR A COPY OF AN ORDER CONTAINING A LIMITATION UNDER SECTION 3109.50 of the Revised Code that limits the terms and conditions under which the OTHER parent who is not the residential parent is to have access to the center, as described in division (I) of section 3109.051 of the Revised Code, the OTHER parent who is not the residential parent shall be provided access to the center only to the extent authorized in the order. If the residential A parent has presented such an order, the OTHER parent who is not the residential parent shall be permitted access to the center only in accordance with the most recent order that has been presented to the administrator or the administrator's designee by the residential EITHER parent or the parent who is not the residential parent.

(c) Upon entering the premises pursuant to division (C)(3)(a) or (b) of this section, the parent who is the residential parent and legal custodian, the parent who is not the residential parent, or the A PARENT, custodian, or guardian shall notify the administrator or the administrator's designee of the parent's, custodian's, or guardian's presence.

(D) The director of human services, in addition to the rules adopted under division (A) of this section, shall adopt rules establishing minimum requirements for child day-care centers. The rules shall include, but not be limited to, the requirements set forth in divisions (B) and (C) of this section. Except as provided in section 5104.07 of the Revised Code, the rules shall not change the square footage requirements of division (B)(1) or (2) of this section; the maximum number of children per child-care staff member and maximum group size requirements of division (B)(3) of this section; the educational and experience requirements of division (B)(4) of this section; the age, educational, and experience requirements of division (B)(5) of this section; the number of inservice training hours required under division (B)(6) of this section; or the requirement for at least annual preparation of a roster for each group of children of names and telephone numbers of parents, custodians, or guardians of each group of children attending the center that must be furnished upon request to any parent, custodian, or guardian of any child in that group required under division (B)(7) of this section; however, the rules shall provide procedures for determining compliance with those requirements.

(E)(1) When age groups are combined, the maximum number of children per child-care staff member shall be determined by the age of the youngest child in the group, except that when no more than one child thirty months of age or older receives services in a group in which all the other children are in the next older age group, the maximum number of children per child-care staff member and maximum group size requirements of the older age group established under division (B)(3) of this section shall apply.

(2) The maximum number of toddlers or pre-school children per child-care staff member in a room where children are napping shall be twice the maximum number of children per child-care staff member established under division (B)(3) of this section if all the following criteria are met:

(a) At least one child-care staff member is present in the room.

(b) Sufficient child-care staff members are on the child day-care center premises to meet the maximum number of children per child-care staff member requirements established under division (B)(3) of this section.

(c) Naptime preparations are complete and all napping children are resting or sleeping on cots.

(d) The maximum number established under division (E)(2) of this section is in effect for no more than one and one-half hours during a twenty-four-hour day.

(F) The director of human services shall promulgate rules pursuant to Chapter 119. of the Revised Code governing the operation of type A family day-care homes, including, but not limited to, parent cooperative type A homes, part-time type A homes, drop-in type A homes, and school child type A homes, which shall reflect the various forms of child day-care and the needs of children receiving child day-care. The rules shall include the following:

(1) Submission of a site plan and descriptive plan of operation to demonstrate how the type A home proposes to meet the requirements of this chapter and rules promulgated pursuant to this chapter for the initial license application;

(2) Standards for ensuring that the physical surroundings of the type A home are safe and sanitary, including, but not limited to, the physical environment, the physical plant, and the equipment of the type A home;

(3) Standards for the supervision, care, and discipline of children receiving child day-care or publicly funded child day-care in the type A home;

(4) Standards for a program of activities, and for play equipment, materials, and supplies, to enhance the development of each child; however, any educational curricula, philosophies, and methodologies that are developmentally appropriate and that enhance the social, emotional, intellectual, and physical development of each child shall be permissible;

(5) Admissions policies and procedures, health care policies and procedures, including, but not limited to, procedures for the isolation of children with communicable diseases, first aid and emergency procedures, procedures for discipline and supervision of children, standards for the provision of nutritious meals and snacks, and procedures for screening children and employees, including, but not limited to, any necessary physical examinations and immunizations;

(6) Methods for encouraging parental participation in the type A home and methods for ensuring that the rights of children, parents, and employees are protected and that the responsibilities of parents and employees are met;

(7) Procedures for ensuring the safety and adequate supervision of children traveling off the premises of the type A home while under the care of a type A home employee;

(8) Procedures for record keeping, organization, and administration;

(9) Procedures for issuing, renewing, denying, and revoking a license that are not otherwise provided for in Chapter 119. of the Revised Code;

(10) Inspection procedures;

(11) Procedures and standards for setting initial and renewal license application fees;

(12) Procedures for receiving, recording, and responding to complaints about type A homes;

(13) Procedures for enforcing section 5104.04 of the Revised Code;

(14) A standard requiring the inclusion, on or after July 1, 1987, of a current department of human services toll-free telephone number on each type A home provisional license or license which any person may use to report a suspected violation by the type A home of this chapter or rules promulgated pursuant this chapter;

(15) Requirements for the training of administrators and child-care staff members in first aid, in prevention, recognition, and management of communicable diseases, and in child abuse recognition and prevention;

(16) Procedures to be used by licensees for checking the references of potential employees of type A homes and procedures to be used by the director for checking the references of applicants for licenses to operate type A homes;

(17) Standards providing for the special needs of children who are handicapped or who require treatment for health conditions while the child is receiving child day-care or publicly funded child day-care in the type A home;

(18) Standards for the maximum number of children per child-care staff member;

(19) Requirements for the amount of usable indoor floor space for each child;

(20) Requirements for safe outdoor play space;

(21) Qualifications and training requirements for administrators and for child-care staff members;

(22) Procedures for granting a parent who is the residential parent and legal custodian, or a custodian or guardian access to the type A home during its hours of operation;

(23) Standards for the preparation and distribution of a roster of parents, custodians, and guardians;

(24) Any other procedures and standards necessary to carry out this chapter.

(G) The director of human services shall promulgate rules pursuant to Chapter 119. of the Revised Code governing the certification of type B family day-care homes. The rules shall include procedures, standards, and other necessary provisions for granting limited certification to type B family day-care homes that are operated by adult providers who provide child day-care for eligible children who are great-grandchildren, grandchildren, nieces, nephews, or siblings of the provider or for eligible children whose caretaker parent is a grandchild, child, niece, nephew, or sibling of the provider. The rules shall require, and shall include procedures for the director to ensure, that type B family day-care homes that receive a limited certification provide child day-care to children in a safe and sanitary manner. With regard to providers who apply for limited certification, a provider shall be granted a provisional limited certification on signing a declaration under oath attesting that the provider meets the standards for limited certification. Such provisional limited certifications shall remain in effect for no more than sixty calendar days and shall entitle the provider to offer publicly funded child day-care during the provisional period. Prior to the expiration of the provisional limited certificate, a county department of human services shall inspect the home and shall grant limited certification to the provider if the provider meets the requirements of this division. Limited certificates remain valid for two years unless earlier revoked. Providers operating under limited certification shall be inspected annually.

The rules shall provide for safeguarding the health, safety, and welfare of children receiving child day-care or publicly funded child day-care in a certified type B home and shall include the following:

(1) Standards for ensuring that the type B home and the physical surroundings of the type B home are safe and sanitary, including, but not limited to, physical environment, physical plant, and equipment;

(2) Standards for the supervision, care, and discipline of children receiving child day-care or publicly funded child day-care in the home;

(3) Standards for a program of activities, and for play equipment, materials, and supplies to enhance the development of each child; however, any educational curricula, philosophies, and methodologies that are developmentally appropriate and that enhance the social, emotional, intellectual, and physical development of each child shall be permissible;

(4) Admission policies and procedures, health care, first aid and emergency procedures, procedures for the care of sick children, procedures for discipline and supervision of children, nutritional standards, and procedures for screening children and authorized providers, including, but not limited to, any necessary physical examinations and immunizations;

(5) Methods of encouraging parental participation and ensuring that the rights of children, parents, and authorized providers are protected and the responsibilities of parents and authorized providers are met;

(6) Standards for the safe transport of children when under the care of authorized providers;

(7) Procedures for issuing, renewing, denying, refusing to renew, or revoking certificates;

(8) Procedures for the inspection of type B family day-care homes that require, at a minimum, that each type B family day-care home be inspected prior to certification to ensure that the home is safe and sanitary;

(9) Procedures for record keeping and evaluation;

(10) Procedures for receiving, recording, and responding to complaints;

(11) Standards providing for the special needs of children who are handicapped or who receive treatment for health conditions while the child is receiving child day-care or publicly funded child day-care in the type B home;

(12) Requirements for the amount of usable indoor floor space for each child;

(13) Requirements for safe outdoor play space;

(14) Qualification and training requirements for authorized providers;

(15) Procedures for granting a parent who is the residential parent and legal custodian, or a custodian or guardian access to the type B home during its hours of operation;

(16) Any other procedures and standards necessary to carry out this chapter.

(H) The director shall promulgate rules pursuant to Chapter 119. of the Revised Code governing the certification of in-home aides. The rules shall include procedures, standards, and other necessary provisions for granting limited certification to in-home aides who provide child day-care for eligible children who are great-grandchildren, grandchildren, nieces, nephews, or siblings of the in-home aide or for eligible children whose caretaker parent is a grandchild, child, niece, nephew, or sibling of the in-home aide. The rules shall require, and shall include procedures for the director to ensure, that in-home aides that receive a limited certification provide child day-care to children in a safe and sanitary manner. The rules shall provide for safeguarding the health, safety, and welfare of children receiving publicly funded child day-care in their own home and shall include the following:

(1) Standards for ensuring that the child's home and the physical surroundings of the child's home are safe and sanitary, including, but not limited to, physical environment, physical plant, and equipment;

(2) Standards for the supervision, care, and discipline of children receiving publicly funded child day-care in their own home;

(3) Standards for a program of activities, and for play equipment, materials, and supplies to enhance the development of each child; however, any educational curricula, philosophies, and methodologies that are developmentally appropriate and that enhance the social, emotional, intellectual, and physical development of each child shall be permissible;

(4) Health care, first aid, and emergency procedures, procedures for the care of sick children, procedures for discipline and supervision of children, nutritional standards, and procedures for screening children and in-home aides, including, but not limited to, any necessary physical examinations and immunizations;

(5) Methods of encouraging parental participation and ensuring that the rights of children, parents, and in-home aides are protected and the responsibilities of parents and in-home aides are met;

(6) Standards for the safe transport of children when under the care of in-home aides;

(7) Procedures for issuing, renewing, denying, refusing to renew, or revoking certificates;

(8) Procedures for inspection of homes of children receiving publicly funded child day-care in their own homes;

(9) Procedures for record keeping and evaluation;

(10) Procedures for receiving, recording, and responding to complaints;

(11) Qualifications and training requirements for in-home aides;

(12) Standards providing for the special needs of children who are handicapped or who receive treatment for health conditions while the child is receiving publicly funded child day-care in the child's own home;

(13) Any other procedures and standards necessary to carry out this chapter.

(I) The director of human services shall send copies of proposed rules to each licensee and each county director of human services and shall give public notice of hearings regarding the rules to each licensee and each county director of human services at least thirty days prior to the date of the public hearing, in accordance with section 119.03 of the Revised Code. Prior to the effective date of a rule, the director of human services shall provide copies of the adopted rule to each licensee and each county director of human services.

The county director of human services shall send copies of proposed rules to each authorized provider and in-home aide and shall give public notice of hearings regarding the rules to each authorized provider and in-home aide at least thirty days prior to the date of the public hearing, in accordance with section 119.03 of the Revised Code. Prior to the effective date of a rule, the county director of human services shall provide copies of the adopted rule to each authorized provider and in-home aide.

Additional copies of proposed and adopted rules shall be made available by the director of human services to the public on request at no charge.

(J) The director of human services shall review all rules promulgated pursuant to this chapter at least once every seven years.

(K) Notwithstanding any provision of the Revised Code, the director of human services shall not regulate in any way under this chapter or rules promulgated pursuant to this chapter, instruction in religious or moral doctrines, beliefs, or values.

Sec. 5139.01. (A) As used in this chapter:

(1) "Commitment" means the transfer of the physical custody of a child or youth from the court to the department of youth services.

(2) "Permanent commitment" means a commitment that vests legal custody of a child in the department of youth services.

(3) "Legal custody," insofar as it pertains to the status that is created when a child is permanently committed to the department of youth services, means a legal status in which the department has the following rights and responsibilities: the right to have physical possession of the child; the right and duty to train, protect, and control the child; the responsibility to provide the child with food, clothing, shelter, education, and medical care; and the right to determine where and with whom the child shall live, subject to the minimum periods of, or periods of, institutional care prescribed in section 2151.355 of the Revised Code; provided, that these rights and responsibilities are exercised subject to the powers, rights, duties, and responsibilities of the guardian of the person of the child, and subject to any residual parental rights PARENTING FUNCTIONS and responsibilities RETAINED BY THE PARENTS OF THE CHILD.

(4) Unless the context requires a different meaning, "institution" means a state facility that is created by the general assembly and that is under the management and control of the department of youth services or a private entity with which the department has contracted for the institutional care and custody of felony delinquents.

(5) "Full-time care" means care for twenty-four hours a day for over a period of at least two consecutive weeks.

(6) "Placement" means the conditional release of a child under the terms and conditions that are specified by the department of youth services. The department shall retain legal custody of a child released pursuant to division (B) of section 2151.38 of the Revised Code or division (C) of section 5139.06 of the Revised Code until the time that it discharges the child or until the legal custody is terminated as otherwise provided by law.

(7) "Home placement" means the placement of a child in the home of the child's parent or parents or in the home of the guardian of the child's person.

(8) "Discharge" means that the department of youth services' legal custody of a child is terminated.

(9) "Release" means the termination of a child's stay in an institution. A child released pursuant to division (B) of section 2151.38 or pursuant to division (C) of section 5139.06 of the Revised Code shall be on parole until discharged pursuant to division (C)(5) of section 5139.06 of the Revised Code or until legal custody is terminated as otherwise provided by law.

(10) "Delinquent child" has the same meaning as in section 2151.02 of the Revised Code.

(11) "Felony delinquent" means any child who is at least twelve years of age but less than eighteen years of age and who is adjudicated a delinquent child for having committed an act that if committed by an adult would be a felony. "Felony delinquent" includes any adult who is between the ages of eighteen and twenty-one and who is in the legal custody of the department of youth services for having committed an act that if committed by an adult would be a felony.

(12) "Juvenile traffic offender" has the same meaning as in section 2151.021 of the Revised Code.

(13) "Public safety beds" means all of the following:

(a) Felony delinquents who have been committed to the department of youth services for the commission of an act, other than a violation of section 2911.01 or 2911.11 of the Revised Code, that is a category one offense or a category two offense and who are in the care and custody of an institution or have been diverted from care and custody in an institution and placed in a community corrections facility;

(b) Felony delinquents who, while committed to the department of youth services and in the care and custody of an institution or a community corrections facility, are adjudicated delinquent children for having committed in that institution or community corrections facility an act that if committed by an adult would be a felony or a misdemeanor;

(c) Children who satisfy all of the following:

(i) They are at least twelve years of age but less than eighteen years of age.

(ii) They are adjudicated delinquent children for having committed acts that if committed by an adult would be a felony.

(iii) They are committed to the department of youth services by the juvenile court of a county that has had one-tenth of one per cent or less of the statewide adjudications for felony delinquents as averaged, through December 31, 1995, for the past two fiscal years or as averaged, on and after January 1, 1996, for the past four fiscal years.

(iv) They are in the care and custody of an institution or a community corrections facility.

(d) Felony delinquents who, while committed to the department of youth services and in the care and custody of an institution, commit in that institution an act that if committed by an adult would be a felony, who are serving administrative time, as defined by rules of the department adopted pursuant to division (E) of section 5139.04 of the Revised Code, for having committed that act, and who have been institutionalized or institutionalized in a secure facility for the minimum period of time specified in division (A)(4) or (5) of section 2151.355 of the Revised Code.

(e) Felony delinquents who are subject to and serving a three-year period of commitment order imposed by a juvenile court pursuant to division (A)(7) of section 2151.355 of the Revised Code for an act, other than a violation of section 2911.11 of the Revised Code, that would be a category one offense or category two offense if committed by an adult.

(14) "State target youth" means twenty-five per cent of the projected total number of felony delinquents for each year of a biennium, factoring in revocations and recommitments.

(15) Unless the context requires a different meaning, "community corrections facility" means a county or multicounty rehabilitation center for felony delinquents who have been committed to the department of youth services and diverted from care and custody in an institution and placed in the rehabilitation center pursuant to division (E) of section 5139.36 of the Revised Code.

(16) "Secure facility" means any facility that is designed and operated to ensure that all of its entrances and exits are under the exclusive control of its staff and to ensure that, because of that exclusive control, no child who has been institutionalized in the facility may leave the facility without permission or supervision.

(17) "Community residential program" means a program that satisfies both of the following:

(a) It is housed in a building or other structure that has no associated major restraining construction, including, but not limited to, a security fence.

(b) It provides twenty-four-hour care, supervision, and programs for felony delinquents who are in residence.

(18) "Category one offense" and "category two offense" have the same meanings as in section 2151.26 of the Revised Code.

(B) There is hereby created the department of youth services. The governor shall appoint the director of the department with the advice and consent of the senate. The director shall hold office during the term of the appointing governor but subject to removal at the pleasure of the governor. Except as otherwise authorized in section 108.05 of the Revised Code, the director shall devote the director's entire time to the duties of the director's office and shall hold no other office or position of trust or profit during the director's term of office.

The director is the chief executive and administrative officer of the department and has all the powers of a department head set forth in Chapter 121. of the Revised Code. The director may adopt rules for the government of the department, the conduct of its officers and employees, the performance of its business, and the custody, use, and preservation of the department's records, papers, books, documents, and property. The director shall be an appointing authority within the meaning of Chapter 124. of the Revised Code. Whenever this or any other chapter or section of the Revised Code imposes a duty on or requires an action of the department, the duty or action shall be performed by the director or, upon the director's order, in the name of the department.

Sec. 5153.16. (A) As used in this section and section 5153.164 of the Revised Code, "child care facility" means a public twenty-four-hour residential facility for six or more children.

(B) Subject to the rules and standards of the state department of human services and on behalf of children in the county whom the children services agency considers to be in need of public care or protective services, the public children services agency shall do all of the following:

(1) Make an investigation concerning any child alleged to be an abused, neglected, or dependent child;

(2) Enter into agreements with the parent, guardian, or other person having legal custody of any child, or with the state department of human services, department of mental health, department of mental retardation and developmental disabilities, other department, any certified organization within or outside the county, or any agency or institution outside the state, having legal custody of any child, with respect to the custody, care, or placement of any child, or with respect to any matter, in the interests of the child, provided the permanent custody of a child shall not be transferred by a parent to the public children services agency without the consent of the juvenile court;

(3) Accept custody of children committed to the public children services agency by a court exercising juvenile jurisdiction;

(4) Provide such care as the public children services agency considers to be in the best interests of any child adjudicated to be an abused, neglected, or dependent child the agency finds to be in need of public care or service;

(5) Provide social services to any unmarried girl adjudicated to be an abused, neglected, or dependent child who is pregnant with or has been delivered of a child;

(6) Make available to the bureau for children with medical handicaps of the department of health at its request any information concerning a crippled child found to be in need of treatment under sections 3701.021 to 3701.028 of the Revised Code who is receiving services from the public children services agency;

(7) Provide temporary emergency care for any child considered by the public children services agency to be in need of such care, without agreement or commitment;

(8) Find family foster homes, within or outside the county, for the care of children, including handicapped children from other counties attending special schools in the county;

(9) Subject to the approval of the board of county commissioners and the state department of human services, establish and operate a training school or enter into an agreement with any municipal corporation or other political subdivision of the county respecting the operation, acquisition, or maintenance of any children's home, training school, or other institution for the care of children maintained by such municipal corporation or political subdivision;

(10) Acquire and operate a county children's home, establish, maintain, and operate a receiving home for the temporary care of children, or procure family foster homes for this purpose;

(11) Enter into an agreement with the trustees of any district children's home, respecting the operation of the district children's home in cooperation with the other county boards in the district;

(12) Cooperate with, make its services available to, and act as the agent of persons, courts, the department of human services, the department of health, and other organizations within and outside the state, in matters relating to the welfare of children, except that the public children services agency shall not be required to provide supervision of or other services related to the exercise of companionship or visitation rights granted pursuant to section FORMER SECTIONS 3109.051 OR 3109.12, OR SECTION 3109.59, 3109.11 3109.60, or 3109.12 3109.61 of the Revised Code unless a juvenile court, pursuant to Chapter 2151. of the Revised Code, or a common pleas court, pursuant to division (E)(6) of section 3113.31 of the Revised Code, requires the provision of supervision or other services related to the exercise of the companionship or visitation rights;

(13) Make investigations at the request of any superintendent of schools in the county or the principal of any school concerning the application of any child adjudicated to be an abused, neglected, or dependent child for release from school, where such service is not provided through a school attendance department;

(14) Administer funds provided under Title IV-E of the "Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as amended, in accordance with rules adopted by the state department of human services under section 5101.141 of the Revised Code;

(15) In addition to administering Title IV-E adoption assistance funds, enter into agreements to make adoption assistance payments under section 5153.163 of the Revised Code;

(16) On or before the fifteenth day of April of each year, conduct, or contract with an independent contractor to conduct, an annual evaluation of the services provided by the public children services agency to children under its care, including, but not limited to, services provided in child care facilities during the previous calendar year under the plan required by division (D) of section 5101.14 of the Revised Code;

(17) Implement a system of risk assessment, in accordance with rules adopted by the state department of human services, to assist the public children services agency in determining the risk of abuse or neglect to a child.

(C) The public children services agency shall use the system implemented pursuant to division (B)(17) of this section in connection with an investigation undertaken pursuant to division (F)(1) of section 2151.421 of the Revised Code and may use the system at any other time the agency is involved with any child when the agency determines that risk assessment is necessary.

(D) Subject to the rules and standards of the state department of human services and on behalf of children in the county whom the public children services agency considers to be in need of public care or protective services, the public children services agency may provide or find, with other child serving systems, treatment foster care for the care of children in a treatment foster home, as defined in section 2151.011 of the Revised Code.